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"The mission of Maricopa County is to
provide regional leadership and fiscally
responsible, necessary public services to
its residents so they can enjoy living in
healthy and safe communities”
Board Members
Bill Gates, Chairman, District 3
Clint Hickman, Vice Chairman, District 4
Jack Sellers, District 1
Steve Chucri, District 2
Steve Gallardo, District 5
County Manager
Joy Rich
Clerk of the Board
Fran McCarroll
Meeting Location
Supervisors' Auditorium
205 W. Jefferson
Phoenix, AZ 85003
FORMAL MEETING
MINUTES
BOARD OF SUPERVISORS
Maricopa County, Arizona
(and the Boards of Directors of the Flood Control District, Library District,
Stadium District, Improvement Districts and/or Board of Deposit)
Table of Contents
Board
Page
Board of Supervisors
1
Improvement District
No Meeting
Flood Control District
58
Library District
No Meeting
Stadium District
No Meeting
Board of Deposit
No Meeting
Wednesday, September 04, 2019
9:30 AM
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 2 of 59
1.
INVOCATION - INVOCACIÓN
Supervisor Hickman spoke of veteran suicide awareness. He noted the partnership with
Luke Air Force Base and the importance of supporting veterans. He introduced Chief
Master Sergeant Scott Leach who has served 30 years of active duty in the Air Force
and six years as a County employee. He noted the veteran projects and organizations
that Sgt. Scott Leach is involved in. Supervisor Hickman thanked Sgt. Scott Leach for
his service.
Sgt. Scott Leach, Employee Relations Manager of Human Resources, offered the
Invocation.
2.
PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA
Sgt. Scott Leach, Employee Relations Manager of Human Resources, led the
assemblage in the Pledge of Allegiance to the Flag.
Chairman Gates thanked Sgt. Scott Leach for his service.
3.
ROLL CALL - LISTA
The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at
9:30 AM on Wednesday, September 04, 2019, in the Supervisors' Auditorium, 205 W. Jefferson,
Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint
Hickman, Vice Chairman, District 4; Jack Sellers, District 1; Steve Chucri, District 2; Steve Gallardo,
District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Ceaglske, Minutes Coordinator;
Joy Rich, County Manager; and Andrea Cummings, Legal Counsel.
BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES
4.
PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL
PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE
CONTROL Y CUIDADO DE ANIMALES
Jose Santiago, Maricopa County Animal Care and Control, presented Marisol, a six-
year-old female Chihuahua-Beagle mix. He noted that older dogs are increasingly
harder to place in new homes and they oftentimes stay at the shelter much longer
before they are rescued. Marisol is available for a nominal adoption fee at the West
Valley Shelter located at 2500 S. 27th Avenue, Phoenix, AZ 85009. He spoke of a
recent adoption weekend and the successful adoption of several animals. For
information
concerning
adoptions,
contact
602-506-PETS
or
visit
www.pets.maricopa.gov.
Chairman Gates spoke of his personal experience with senior dogs. He thanked Mr.
Santiago and the Maricopa County Animal Care and Control staff for their work.
NOTE: Agenda item #A-1 was taken out of order and heard before agenda item #5.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 3 of 59
BOARD OF SUPERVISORS ADDENDUM
ADÉNDUM DE LA JUNTA DE SUPERVISORES
Board of Supervisors
A-1.
APPOINT A JUSTICE OF THE PEACE FOR THE MCDOWELL MOUNTAIN JUSTICE
COURT
Pursuant to ARS §11-251(16) and the vacancy created by the resignation of Michael
Reagan, Justice of the Peace, McDowell Mountain Justice Court, consider nominations
and make an appointment to the fill the vacancy for a Justice of the Peace for the
McDowell Mountain Justice Precinct. Such appointment shall be effective September 4,
2019. (C-06-20-097-M-00)
Supervisor Chucri noted the appointment is primarily in District 3. He explained that
Justice Courts serve as large assets to the community and are known as the people’s
court. The appointment is not taken lightly, and he noted the importance of the
appointment process. He stated the appointment process lasted six weeks and the six
applicants who submitted their applications were all great candidates.
Motion to approve appointment of Michele Reagan to fill the vacancy for the Justice of
the Peace, McDowell Mountain Justice Precinct was made by Supervisor Chucri,
seconded by Supervisor Hickman.
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Supervisor Gallardo said he started his political career with Ms. Reagan and it was an
honor to work with her. He stated she is an excellent candidate and is a beacon of
justice.
Chairman Gates thanked Supervisor Chucri for the time he has put in for the
appointment. Ms. Reagan will do great in the position.
Michelle Reagan thanked the Board and noted the robust application process. She
stated Maricopa County has the best court system in the nation and thanked the Board
for the opportunity.
The Clerk administered the Oath of Office.
~ Fran McCarroll, Clerk of the Board, left the dais. Debra Schaffer, Deputy Clerk of the
Board, entered the meeting ~
PRESENTATIONS - PRESENTACIÓNES
5.
PROCLAMATION FOR NATIONAL SUICIDE PREVENTION AWARENESS MONTH
Approve and proclaim September 2019 as National Suicide Prevention Awareness Month.
(C-06-20-089-M-00)
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 4 of 59
The Clerk read the proclamation. A copy of the proclamation is on file in the Clerk of the
Board's Office in accordance with LAPR retention guidelines.
National Suicide Prevention Awareness Month
September 2019
WHEREAS, suicide is a major public health problem in the United States that has a
lasting effect on family, friends, and communities; and
WHEREAS, suicide is the 10th leading cause of death in the United States and the
number two killer of young people ages 15 to 34; and
WHEREAS, 129 individuals the United States experience death by suicide each day
with an average of one death by suicide occurring in Arizona every seven hours; and
WHEREAS, approximately 20 of our United States veterans that served and defended
our Country die by suicide each day; and
WHEREAS, September is National Suicide Prevention Month and September 10th is
World Suicide Prevention Day; and
WHEREAS, providing support services to those at risk for suicide, talking about suicide,
reducing access to means of self-harm, and maintaining a close connection with loved
ones can help prevent a tragic loss of life; and
WHEREAS, sharing suicide prevention messaging on social media shows that once an
individual with suicidal thoughts connects with another person, their chances of
following through with suicide significantly diminishes;
NOW THEREFORE, BE IT RESOLVED that the Maricopa County Board of Supervisors
does hereby proclaim September 2019 as Suicide Prevention Month and calls upon our
citizens to be bold and let others know that you are there for them, because one suicide
is always one too many.
DATED this 4th Day of September, 2019.
/s/ Bill Gates, Chairman, District 3
/s/ Clint Hickman, Vice Chairman, District 4
/s/ Jack Sellers, Supervisor, District 1
/s/ Steve Chucri, Supervisor, District 2
/s/ Steve Gallardo, Supervisor, District 5
ATTEST:
/s/ Fran McCarroll, Clerk of the Board
Supervisor Gallardo spoke on youth suicide and the importance of having discussions
so they know they are loved and supported. He spoke of the important role government
has in having services available. He was pleased to see the proclamation moved
forward.
Chairman Gates spoke on some of the suicide statistics contained within the
proclamation and the support of the Board. He noted the effects suicide has within the
veteran community.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 5 of 59
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
~ Fran McCarroll, Clerk of the Board, returned to the dais. Debra Schaffer, Deputy Clerk of
the Board, left the dais ~
PLANNING AND ZONING AGENDA
AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN
***The Board of Supervisors will now consider matters related to Planning and Zoning***
CONSENT AGENDA - AGENDA DE CONSIENTA
PZ-1.
TREVIZO INDUSTRIAL SITE
Case #: Z2018056
Supervisor District: 1
Applicant / Owner: Anthony Zaugg, Allen Consulting Engineers / Manuel C. Trevizo Family
Trust
Request: Zone Change from IND-2 to IND-2 IUPD
Site Location: Generally located at the northeast corner of Alma School Rd. and the Loop
202 in the Mesa area
Commission Recommendation: On 8/8/19, the Commission voted 7-0 to recommend
approval of Z2018056 subject to conditions ‘a’ – ‘g’:
a. Development of the site shall be in general conformance with the Narrative Report
entitled “Narrative Report for Trevizo Industrial Park”, consisting of 13 pages, stamped
received June 20, 2019, except as modified by the following conditions. Within 30 days of
approval, the applicant must provide staff with an updated narrative report to correct the
IUPD table base standards for the IND-2 zoning district.
b. The following IND-2 IUPD standards shall apply:
1. Front yard (west) minimum setback: 3’
2. Side yard (north) minimum setback: 3’
3. Street side yard (south) minimum setback: 0’
4. Screening: 6’ (h) CMU wall on west and south property lines, 6’ (h) chain link along east
property line, and 6’ (h) stacked concrete blocks along north property line
c. The following Engineering conditions shall apply:
1. The Drainage Waiver submitted under DRB2018001 must be approved.
2. Drainage improvements contained on the Grading and Drainage Plans submitted with
this application must be completed within one (1) year of the Zone Change approval.
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3. Detailed Grading and Drainage Plans showing the new site improvements must be
submitted for approval and acquisition of building permits.
4. The plans submitted for building permit must address the overflow design of the first
flush basin.
5. Parking, storage of materials and other improvements are prohibited in the public right-
of-way.
d. The applicant shall submit for a status report within one (1) year of approval of
Z2018056 detailing compliance with conditions of approval along with completion of
permits for existing buildings and structures.
e. The applicant shall work with the Arizona Department of Transportation (ADOT)
regarding the two access driveways to the property from Alma School Rd.
f. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows the
property to enjoy uses in excess of those permitted by the zoning existing on the date of
application, subject to conditions. In the event of the failure to comply with any condition,
the property shall revert to the zoning that existed on the date of application. It is, therefore,
stipulated and agreed that either revocation due to the failure to comply with any
conditions, does not reduce any rights that existed on the date of application to use, divide,
sell or possess the property and that there would be no diminution in value of the property
from the value it held on the date of application due to such revocation of the Zone
Change. The Zone Change enhances the value of the property above its value as of the
date the Zone Change is granted and reverting to the prior zoning results in the same value
of the property as if the Zone Change had never been granted.
g. The zone IUPD overlay is applied to restrict the use of the site. Until such time as the
site is served by sewer, uses on the site shall only be those acceptable to the Maricopa
County Environmental Services Department (MCESD) that can be accommodated by
septic systems. A public water system and public sewer system shall be required prior to
establishment of any non-residential use that requires potable water. (C-44-20-006-M-00)
Motion to concur with the Planning Commission recommendation for approval by
Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
PZ-2.
BALTERRA
Case #: DMP2019001
Supervisor District: 5
Applicant / Owner: Gammage & Burnham / Benross Corporation
Request: Modification of Conditions ‘y’ and ‘z’ to the Balterra Development Master Plan
(ref. DMP2012006 & DMP2005013)
Site Location: Generally north of Interstate 10 and Indian School Rd., south of Camelback
Rd., west of 395th Ave., and east of 415th Ave. alignment
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Wednesday, September 04, 2019
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Commission Recommendation: On 8/8/19, the Commission voted 7-0 to recommend
approval of DMP2019001 subject to conditions ‘a’ – ‘dd’:
a. Development shall comply with the Development Master Plan document entitled
“Balterra Development Master Plan”, a bound document, dated revised September 28,
2006 and stamped received October 2, 2006, including all exhibits, maps, and appendices,
except as modified by the following stipulations.
b. Within 30 days of approval by the Board of Supervisors, a revised DMP narrative report
document and land use plan shall be submitted for review and approval by the Planning
and Development Dept. with revisions to the educational and recreational open space
parcels along 407th Avenue north of Campbell Avenue showing that the school site will not
be bisected by the street, but maintaining the acreage of each of the parcels; and showing
revisions to some of the non-developable open space parcels to offset 13 acres of
expanded roadways, but still preserving any 404 jurisdictional washes.
c. Changes to the Balterra Development Master Plan with regard to use and intensity, or
changes to any of the stipulations approved by the Maricopa County Board of Supervisors,
shall be processed as a revised application with approval by the Board of Supervisors upon
recommendation by the Maricopa County Planning and Zoning Commission. Revised
applications shall be in accordance with the applicable Development Master Plan
Guidelines, subdivision regulations, and zoning ordinance in effect at the time of
application(s) submission. The Maricopa County Planning and Development Department
may approve minor changes administratively as outlined in the Maricopa County
Development Master Plan Guidelines in effect at the time of amendment. Non-compliance
with the approved Balterra Development Master Plan narrative report, maps, and exhibits,
or the stipulations of approval will be treated as a violation in accordance with the
provisions of the Maricopa County Zoning Ordinance.
d. All stipulations of approval shall remain in effect in the event of a change in name of the
Balterra Development Master Plan.
e. The applicant shall submit a written report every five years from the date of Board of
Supervisors approval of DMP2012006 which details the status of this project, including
progress on obtaining necessary entitlements, licenses, and permits; compliance with the
conditions of approval; compliance with the approved narrative report; compliance with the
approved land use plan; and justification as to how the approved land use plan still
represents appropriate land use planning for the property and unincorporated Maricopa
County in accordance with the goals and policies in its comprehensive and applicable area
plan. This report shall be scheduled for public hearing by the Maricopa County Board of
Supervisors (Board), upon recommendation by the Maricopa County Planning and Zoning
Commission (Commission), to consider whether the planning justification for this DMP is
still present, and whether the land use designations associated with this DMP still
represent appropriate and better long-term land use planning in accordance with the goals
and policies of the Maricopa County Comprehensive Plan and applicable area plan. If the
Board rescinds this DMP and reverts the current land use designations back to Mixed Use
and Rural, all entitlements associated with this project that were conditional pursuant to the
Maricopa County Zoning Ordinance may also be considered by the Board, upon
recommendation by the Commission, for reversion to the prior entitlements. In such an
event, the comprehensive plan land use map, area plan land use map, and, as applicable,
zoning map shall be altered to reflect Board action.
f. Prior to approval of any zone change, the master developer shall enter into a
development agreement with Maricopa County. Further, prior to approval of any zone
change this development agreement shall be signed by both the master developer and the
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designated Maricopa County representative(s) and provided to the Maricopa County
Planning and Development Department for public record.
g. The master developer shall be responsible for the construction of all public and private
on-site roads within the Balterra Development Master Plan. Further, the Balterra
homeowners association shall be responsible for the maintenance and upkeep of all
private roads, public open spaces and related facilities, washes, parks, roadway median
landscaping, landscaping within public rights-of-way, and all pedestrian, bicycle, and multi-
use paths.
h. Prior to approval of each final plat, the master developer shall submit to the Maricopa
County Planning and Development Department a landscape inventory and salvage plan
which identifies and assesses the native vegetation within the development parcels, and
which determines the preservation/disposition for each of the selected native vegetation.
i. Landscaping of all common areas and open spaces, except for identified recreational
areas, within Balterra shall consist of indigenous and near-native plant species of a
xeriphytic nature.
j. All irrigation water supplied for common/open space areas and lakes shall be provided
entirely by a renewable supply of water, such as treated effluent, surface water, or Central
Arizona Project (CAP) water, within six (6) months after issuance of the 1,000th building
permit. Interim water for the purposes noted may be supplied by groundwater and shall
comply with all Arizona Department of Water Resources regulations. Proof of conversion
from groundwater to a renewable water supply shall be provided to the Maricopa County
Planning and Development Department.
k. The Balterra Development Master Plan shall be developed sequentially as depicted on
the phasing diagram contained in the Balterra Development Master Plan narrative report.
l. The total number of residential dwelling units for the Balterra Development Master Plan
shall not exceed 4,458. To help ensure compliance, the cumulative number of dwelling
units platted to date, in relation to the identified limit, shall be identified on all plats.
m. Development shall be prohibited on areas with a slope of 15% or greater.
n. Until annexation of the entire development master plan takes place, the master
developer shall notify all future Balterra Development Master Plan residents that they are
not located within an incorporated city or town, and therefore will not be represented by, or
be able to petition a citizen-elected municipal government. Notification shall also state that
residents will not have access to municipally-managed services such as police, fire, parks,
water, wastewater, libraries, and refuse collection. Such notice shall be included on all final
plats, be permanently posted on the front door of all home sales offices on not less than an
8 ½ inch by 11 inch sign, and be included in all homeowner association covenants,
conditions, and restrictions (CC&Rs).
o. All park facilities shall be completed concurrently with residential development of the
respective plat on which the park is shown.
p. Not less than 42 acres shall be reserved for Recreational Open Space (ROS) land use.
The project shall have four (4) neighborhood park sites of various acreages in the general
locations shown in the Landscape Character Guidelines. Further, not less than twenty (20)
mini-parks a minimum of 0.5 acres each shall be provided in the general locations
identified in the Landscape Character Guidelines. All parks shall include recreational
amenities. In addition, not less than 86 acres of dedicated, non-developable open space
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shall be provided in the general locations shown on the Land Use Plan for preservation of
wash corridors in their natural state. There shall also be not less than 21 acres reserved as
neighborhood linear parks in the general locations identified on the Land Use Plan. At the
time of each preliminary plat submission, the master developer shall include a description
of the status of the cumulative open space acreage and park numbers with respect to the
requirements of this stipulation. A description of the types of recreational amenities that will
be included in the Recreational Open Space and mini-parks shall also be submitted with all
preliminary plats to the Maricopa County Planning and Development Department.
q. No less than 102 acres shall be reserved for neighborhood retail and community retail
commercial land uses as depicted on the Balterra land use plan. To help ensure
compliance, at the time of each preliminary plat or precise plan submittal the master
developer shall include a description of the status of the cumulative commercial land use
acreage platted to date with respect to the requirements of this stipulation.
r. No less than 105 acres shall be reserved for business park, mixed use employment
center and office employment center land uses as depicted on the Balterra land use plan.
To help ensure compliance, at the time of each preliminary plat or precise plan submittal
the master developer shall include a description of the status of the cumulative
employment land use acreage platted to date with respect to the requirements of this
stipulation.
s. No less than 31 acres shall be reserved for mixed use as depicted on the Balterra land
use plan. To help ensure that this area develops as outlined in the Maricopa County
Development Master Plan Guidelines, no less than 13 acres of the total acreage of the
mixed use shall be reserved for professional and semi-professional office-type uses. At the
time of each preliminary plat or precise plan submittal, the master developer shall include a
description of the status of the cumulative acreage platted to date with respect to the
requirements outlined in this stipulation.
t. Unless otherwise agreed to by the applicable school district, not less than two (2) school
sites and a minimum of 29 acres shall be reserved for schools at the locations identified on
the Balterra land use plan.
u. Prior to zone change approval, the master developer shall provide a “will serve” letter
and a Certificate of Convenience and Necessity from the Water Utility of Greater Tonopah
demonstrating commitment to serve the entire Balterra Development Master Plan with
water service, which is subject to approval by the Maricopa County Department of
Environmental Services.
v. Prior to zone change approval, the master developer shall provide a “will serve” letter
and documentation of an approved MAG 208 amendment from Balterra Sewer Corporation
demonstrating commitment to serve the entire Balterra Development Master Plan with
wastewater service, which is subject to approval by the Maricopa County Department of
Environmental Services.
w. Prior to approval of the first preliminary plat, the master developer shall provide a “will
serve” letter for fire protection from the Tonopah Valley Fire District or another qualified
public or private fire service provider demonstrating commitment to serve the entire
Balterra Development Master Plan, which is subject to approval by the Maricopa County
Planning and Development Department.
x. An archaeological survey of the subject property shall be conducted prior to approval of
any preliminary plat to locate and evaluate any cultural resources on the site. Once
complete, a report of the results shall be provided to the Arizona State Historic
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Preservation Officer (SHPO) for review and comment before any ground disturbing
activities related to development are initiated. The applicant shall perform an
archaeological analysis to evaluate the eligibility of cultural resource sites for the National
or State Register of Historic Places. If Register eligible properties cannot be avoided by
development activities, then the Arizona SHPO shall determine if a data recovery
(excavation) program is necessary. Should federal permits be required for the project, then
any archaeological work performed must meet the Secretary of Interior Standards, and will
be subject to the National Historic Preservation Act.
y. Any areas not covered by the existing Outdoor Warning Siren System used to alert
residents within the 10-mile Emergency Planning Zone of the Palo Verde Nuclear
Generating Station in time of emergency shall be required to include additional sirens, at
the developer’s cost, in order to provide adequate warning for the residents of the Balterra
development, using technical information concerning the siren system obtained from the
Emergency Planning Department at the Palo Verde Nuclear Generating Station. In
addition, adequate signage available from the Palo Verde Nuclear Generating Station
Emergency Planning Department shall be required to be posted on the site to inform the
public of the presence of a nuclear generating station in the vicinity and outlining actions to
take upon receiving warning notification.
z. The developer shall ensure that public safety information regarding nuclear emergencies
is initially provided to any new residents or building occupants. The applicant shall obtain
this information from the Palo Verde Nuclear Generating Station – Emergency Planning
Department. All costs associated with the duplication and dissemination of the initial
distribution shall be assumed by the applicant. Thereafter, the Palo Verde Nuclear
Generating Station will provide this public safety information annually.
aa. Prior to any final plat, the master developer shall enter into a development and Law
Enforcement Services agreement with the Maricopa County Sheriff’s Office (MCSO). This
development agreement shall include, but not necessarily be limited to, the master
developer’s requirement to donate at no cost to the county, for use by the Maricopa County
Sheriff’s Office, their proportionate share of separate office space or land (the size to be
determined in the development and Law Enforcement Services agreement), for law
enforcement, or payment of fees when a permit is issued, for the Sheriff’s Office to conduct
day-to-day business related to providing law enforcement services to Balterra and
surrounding areas. The office space complete with tenant improvements per Maricopa
County Sheriff’s Office requirements and associated parking or land shall be provided not
later than two (2) years from the opening of the first model home complex within the DMP,
or as agreed to in the development and Law Enforcement Services agreement. This
development and Law Enforcement Services agreement may also include, but not
necessarily be limited to, the master developer’s requirement to pay their proportionate
share for startup costs and interim fees for law enforcement services associated with the
property unless it is annexed into an incorporated municipality or until a full law
enforcement service contract is otherwise implemented. Startup costs would include
vehicle purchase and patrol equipment, e.g. radios, tasers, and vehicle laptops. The
developers who incur the above Sheriff substation startup costs shall be eligible for
reimbursement from other service area developers, with the rate of reimbursement defined
in the Development Agreement. This stipulation shall be modified should a Sheriff impact
fee be enacted by the County. This development and Law Enforcement Services
agreement shall include the terms listed in this stipulation unless otherwise mutually
agreed to by MCSO and the master developer, furthermore, the development and Law
Enforcement Services agreement shall be signed by both the master developer and the
Maricopa County Sheriff’s Office and provided to the Maricopa County Planning and
Development Department for public record.
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bb. The following Maricopa County Drainage Review stipulation shall apply:
1. The owner or his representative shall submit a variance in accordance with the Drainage
Regulations (Section 503) and obtain approval prior to any preliminary plat approvals.
cc. The following Flood Control District of Maricopa County stipulations shall apply:
1. Prior to any development, a Floodplain Use Permit will be required from the Regulatory
Division of the Flood Control District.
2. Prior to preliminary plat approval, a detailed drainage study based on the Federal
Emergency Management Agency’s criteria will be required. All washes over 50 cfs that do
not originate on site must be delineated, placed in a tract or shown that the continuity of
flow is maintained. The cross sections in the drainage report need to match those shown
on the exhibits. The Zone A floodplain above Interstate 10 will need to be addressed.
Manning’s “n” value between the drainage report and the erosion hazard delineation study
should be consistent.
dd. The following Maricopa County Department of Transportation stipulations shall apply:
1. The Traffic Impact Study (TIS) shall be updated prior to the first final plat approval and
with each development phase to reflect current conditions and any changes to the
development plan. The TIS shall comply with MCDOT requirements and shall address
development phasing and the offsite improvements necessary to accommodate the
anticipated traffic demand with each phase. The TIS must be approved before subsequent
approval of any roadway improvement plans. Additional lane capacity on offsite alignments
will be reviewed with each resubmittal of the TIS. The project must comply with all
recommendations in the MCDOT-approved TIS.
2. The Applicant shall make a contribution to regional transportation infrastructure. The
contribution shall be $3,281.00 per residential dwelling unit. The Applicant may choose to
construct off-site street improvements in lieu of payment of this contribution. Such off-site
street improvements must be “system roadways,” must be all-weather facilities, must meet
county standards in effect at the time they are improved, and must be pre-approved by
MCDOT. MCDOT may require a Development Agreement to detail the specifics of
construction, including phasing and timing. If the Applicant chooses not to construct off-site
regional roadway improvements, the Applicant shall pay the contribution amount at the
time individual building permits are issued, or per an alternate agreement as approved by
MCDOT.
3. If required per item 2 above, a Development Agreement shall be executed prior to any
preliminary plat approval. The Development Agreement shall be an enforceable contract,
regardless of annexation.
4. The Applicant shall provide the ultimate full-width of right-of way for all interior public
roadways, and the ultimate half-width of right-of-way for all perimeter public roadways
consistent with the Maricopa County Major Streets and Routes Plan, or as otherwise
approved by MCDOT. Right-of-way shall be provided as follows:
a.) Camelback Road: 65 Feet half r/w (with additional 35 feet landscape/future
roadway/public utility easement)
b.) Indian School Rd.: 65 Feet half r/w (within MCDOT jurisdiction)
c.) 395th Avenue: 65 Feet half r/w
d.) 411th Avenue: 65 Feet half r/w and 130 Feet full r/w
e.) Campbell Avenue (east of 411th Ave): 130 Feet full r/w
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Campbell Avenue (west of 411th Ave): 80 Feet full r/w
f.) 403rd Avenue: 80 Feet full r/w
g.) 407th Avenue: 80 Feet full r/w (both N & S of Campbell)
h.) 413th Avenue: 60 Feet full r/w
5. The Applicant shall construct the ultimate full-width interior public roadways and the
ultimate half-width perimeter public roadways.
6. The Applicant shall design all roadways and public infrastructure to meet county
standards in effect at the time improvements are constructed.
7. The Applicant shall provide all-weather access to all parcels and lots, and on all arterial
roadways.
8. The Applicant shall provide and make available a minimum of two access points to each
development phase and/or subdivision unit.
9. The Applicant shall not locate elementary or middle schools on arterial alignments.
10. The Applicant shall provide bike lanes on all arterial and major collector alignments. A
bicycle circulation plan shall be provided and approved by MCDOT with each phase of
development.
11. The Applicant shall design the project to promote pedestrian, bicycle, and other
alternative modes of transportation to public facilities within and adjacent to the site (i.e.,
bus bays, electric vehicles, shared accommodations, internal trail systems, etc.).
12. If streetlights are provided, installation shall be provided by the Applicant. If streetlights
are within public right-of-way, a Street Light Improvement District (SLID) or comparable
authority must be established to provide operation and maintenance. The Applicant should
contact the Office of the Superintendent of Streets (602-506-8797) to initiate the SLID
process.
13. The Applicant shall design landscaping to comply with all MCDOT requirements and to
conform to Chapter 9 of the MCDOT Roadway Design Manual. The Applicant (or as
assigned to the Home Owner’s Association) shall be responsible for maintenance of
landscaping within public rights-of-way.
14. The Applicant shall provide a construction traffic circulation plan. The construction
traffic circulation plan must be approved by MCDOT prior to commencing construction.
15. The Applicant shall comply with all applicable local, state and federal requirements
(dust control, noise mitigation, AZPDES, etc.).
16. The Applicant shall consult with ADOT regarding access to the I-10 freeway and use of
Indian School Road within ADOT right-of-way. The Applicant shall provide written
documentation of ADOT’s approval and requirements. (C-44-20-007-M-00)
Motion to concur with the Planning Commission recommendation for approval by
Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 13 of 59
PZ-3.
APACHE TRAIL REZONE
Case #: Z2019049
Supervisor District: 2
Applicant / Owner: Devon Miller, Buntrock Harrison & Gardner Law, PLLC / Brandon Dong
Request: Zone change of the north portion of the property from R1-8 to C-3
Site Location: Generally located 205’ north of the northeast corner of Apache Trail and
Merrill Rd. in the Mesa area
Commission Recommendation: On 8/8/19, the Commission voted 7-0 to recommend
approval of Z2019049 subject to conditions ‘a’ – ‘f’:
a. Rezoning of the property shall be in conformance with the Narrative Report, entitled
“Proposed Zoning Change for APN: 220-44-004”, dated May 24, 2019, and stamped
received June 27, 2019, except as modified by the following conditions.
b. Development on the parcel shall require a Plan of Development.
c. The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to drainage design, access and roadway
alignments. These items will be addressed as development plans progress and are
submitted to the County for further review and/or entitlements.
2. Approval/no objection from the Arizona Department of Transportation (ADOT) is
required, since they own/maintain Apache Tr. in this vicinity.
3. A Traffic Impact Study to address traffic impacts and roadway improvements required to
support the proposed development must be submitted with the Plan of Development
application(s) or other future entitlement applications.
4. Merrill Rd. has a Maricopa County Department of Transportation (MCDOT) future
roadway classification as a major collector. Dedication of additional right-of-way (15 feet)
along the east side of Merrill Rd. will be required as a condition of the Plan of Development
or other future entitlement applications, unless otherwise waived by MCDOT.
d. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
e. The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.
f. The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows the
property to enjoy uses in excess of those permitted by the zoning existing on the date of
application, subject to conditions. In the event of the failure to comply with any condition,
the property shall revert to the zoning that existed on the date of application. It is, therefore,
stipulated and agreed that either revocation due to the failure to comply with any
conditions, does not reduce any rights that existed on the date of application to use, divide,
sell or possess the property and that there would be no diminution in value of the property
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 14 of 59
from the value it held on the date of application due to such revocation of the Zone
Change. The Zone Change enhances the value of the property above its value as of the
date the Zone Change is granted and reverting to the prior zoning results in the same value
of the property as if the Zone Change had never been granted. (C-44-20-008-M-00)
Motion to concur with the Planning Commission recommendation for approval by
Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
PZ-4.
REPLAT VERDE RIVER UNIT 1 – LOT 131
Case #: S2019016
Supervisor District: 2
Applicant / Owner: HilgartWilson, LLC / TerraWest Communities
Request: Replat to modify drainage easements on lot 131
Site Location: 29316 N. Round Butte Rd. in the Trilogy at Verde River Development Master
Planned community
Staff Recommendation: Approve (C-44-20-009-M-00)
Motion to concur with the Staff recommendation for approval by Supervisor Sellers,
seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
STATUTORY HEARINGS - AUDIENCIAS LEGALES
Clerk of the Board - Secretaria de la Junta
6.
LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR
This is the time scheduled for a public hearing on the applications for liquor licenses. At this
hearing, the Board of Supervisors will determine the recommendation to the State Liquor
Board as to whether the State Liquor Board should grant or deny the license.
a.
NEW LICENSE FOR KOBE RAMEN
Pursuant to A.R.S. § 4-201, approve an application filed by Sovanna Srey for a New
Series 12 Liquor License for Kobe Ramen at 3655 West Anthem Way #D-105,
Anthem, Arizona 85086. (AZ 69882) (Supervisorial District 3) (C-06-20-029-L-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 15 of 59
b.
SPECIAL EVENT LICENSE FOR NORTHWEST VALLEY DEMOCRATIC CLUB
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Manuel G. Hernandez for Northwest Valley Democratic Club at 14465 West
R H Johnson Boulevard, Sun City West, Arizona 85375 to be held on Wednesday,
December 11, 2019 from 5:30 pm to 10:00 pm. (Supervisorial District 4) (C-06-20-
060-L-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
c.
SPECIAL EVENT LICENSE FOR RANCHO MILAGRO FOUNDATION
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Robert Eugene Kohnen Jr. for Rancho Milagro Foundation at 32905 North
140th Street, Scottsdale, Arizona 85262 to be held on Saturday, November 2, 2019
from 4:00 pm to 8:00 pm. (Supervisorial District 2) (C-06-20-070-L-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
d.
SPECIAL EVENT LICENSE FOR ANTHEM ROTARY FOUNDATION / ROTARY
CLUB OF ANTHEM
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Samuel T. Crump for Anthem Rotary Foundation / Rotary Club of Anthem at
41703 North Gavilan Peak Parkway, Anthem, Arizona 85086 to be held on the
following dates and times: (Supervisorial District 3) (C-06-20-075-L-00)
Saturday, October 19, 2019 from 10:00 am to 5:00 pm
Sunday, October 20, 2019 from 10:00 am to 5:00 pm
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
e.
SPECIAL EVENT LICENSE FOR THE CHILDREN’S MUSIC NETWORK
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Alice Renee Burba for The Children’s Music Network at 5802 East Lincoln
Drive, Paradise Valley, Arizona 85253 to be held on the following dates and times:
(Supervisorial District 3) (C-06-20-079-L-00)
Friday, September 20, 2019 from 8:00 am to 10:00 pm
Saturday, September 21, 2019 from 8:00 am to 11:00 pm
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 16 of 59
f.
SPECIAL EVENT LICENSE FOR 180TH FIELD ARTILLERY REGIMENT
ASSOCIATION
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Alan B. Parris for 180th Field Artillery Regiment Association at 1901 North
Alma School Road, Mesa, Arizona 85201 to be held on the following dates and
times: (Supervisorial District 1) (C-06-20-082-L-00)
Saturday, September 28, 2019 from 11:00 am to 10:00 pm
Sunday, September 29, 2019 from 11:00 am to 11:00 pm
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
g.
SPECIAL EVENT LICENSE FOR EVERY KID COUNTS, INC
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Robert John Perelka for Every Kid Counts, Inc. at 1901 North Alma School
Road, Mesa, Arizona 85201 to be held on the following dates and times:
(Supervisorial District 1) (C-06-20-083-L-00)
Thursday, October 3, 2019 from 7:00 pm to 11:00 pm
Friday, October 4, 2019 from 7:00 pm to 12:00 am
Saturday, October 5, 2019 from 7:00 pm to 12:00 am
Sunday, October 6, 2019 from 7:00 pm to 11:00 pm
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
h.
SPECIAL EVENT LICENSE FOR EVERY KID COUNTS, INC
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Robert John Perelka for Every Kid Counts, Inc. at 1901 North Alma School
Road, Mesa, Arizona 85201 to be held on the following dates and times:
(Supervisorial District 1) (C-06-20-084-L-00)
Thursday, October 17, 2019 from 7:00 pm to 11:00 pm
Friday, October 18, 2019 from 7:00 pm to 12:00 am
Saturday, October 19, 2019 from 7:00 pm to 12:00 am
Sunday, October 20, 2019 from 7:00 pm to 11:00 pm
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 17 of 59
Transportation – Transportación
7.
ROAD FILE DECLARATIONS - DECLARACIONES DE CARRETERA
Approve, by resolution, petitions to open and declare the following roads into the county
highway system. This action will serve as notice of the Board of Supervisors’ acceptance of
all U.S. Patent easements, reservations, rights-of-way or properties along the alignments
into the Maricopa County highway system and will also authorize the maintenance and
acquisition of the necessary rights-of-way through donation, purchase, or condemnation.
a.
ROAD FILE NO. A611
Convene a hearing for Road File No. A611 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the
Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A611.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: 64th Street and University Drive. Supervisor District No. 2) (C-64-
20-002-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
b.
ROAD FILE NO. A612
Convene a hearing for Road File No. A612 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A612.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Gilbert Road and Ray Road. Supervisor District No. 1) (C-64-20-
003-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 18 of 59
c.
ROAD FILE NO. A614
Convene a hearing for Road File No. A614 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A614.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: SR 101 and Warner Road. Supervisor District No. 1) (C-64-20-
020-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
d.
ROAD FILE NO. A615
Convene a hearing for Road File No. A615 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A615.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Hunt Highway and Higley Road. Supervisor District No. 1) (C-64-
20-001-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
e.
ROAD FILE NO. A616
Convene a hearing for Road File No. A616 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A616.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 19 of 59
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Dobson Road and Riggs Road. Supervisor District No. 1) (C-64-
20-004-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
f.
ROAD FILE NO. A617
Convene a hearing for Road File No. A617 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A617.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: McQueen Road and Hunt Highway. Supervisor District No. 1) (C-
64-20-015-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
g.
ROAD FILE NO. A618
Convene a hearing for Road File No. A618 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A618.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Broadway Road and Meridian Road. Supervisor District No. 2) (C-
64-20-021-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 20 of 59
h.
ROAD FILE NO. A619
Convene a hearing for Road File No. A619 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A619.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: 64th Street and Dynamite Boulevard. Supervisor District No. 2) (C-
64-20-023-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
i.
ROAD FILE NO. A621
Convene a hearing for Road File No. A621 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A621.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: 10th Street and Carefree Highway. Supervisor District No. 3) (C-
64-20-016-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
j.
ROAD FILE NO. A622
Convene a hearing for Road File No. A622 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A622.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 21 of 59
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Circle Mountain Road and 16th Street. Supervisor District No. 3)
(C-64-20-022-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
k.
ROAD FILE NO. A624
Convene a hearing for Road File No. A624 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A624.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: New River Road and 27th Avenue. Supervisor District No. 3) (C-
64-20-018-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
l.
ROAD FILE NO. A623
Convene a hearing for Road File No. A623 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A623.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Courthouse Road and 491st Avenue. Supervisor District No. 5)
(C-64-20-024-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 22 of 59
m.
ROAD FILE NO. A647
Convene a hearing for Road File No. A647 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A647.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Yuma Road and 203rd Avenue. Supervisor District No. 4) (C-64-
20-012-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
n.
ROAD FILE NO. A648
Convene a hearing for Road File No. A648 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A648.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Citrus Road and Yuma Road. Supervisor District No. 4) (C-64-20-
008-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
o.
ROAD FILE NO. A649
Convene a hearing for Road File No. A649 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A649.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 23 of 59
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: 195th Avenue and Camelback Road. Supervisor District No. 4) (C-
64-20-009-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
p.
ROAD FILE NO. A650
Convene a hearing for Road File No. A650 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A650.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Cotton Lane and Camelback Road. Supervisor District No. 4) (C-
64-20-007-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
q.
ROAD FILE NO. A652
Convene a hearing for Road File No. A652 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A652.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Citrus Road and Camelback Road. Supervisor District No. 4) (C-
64-20-005-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 24 of 59
r.
ROAD FILE NO. A653
Convene a hearing for Road File No. A653 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A653.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Citrus Road and Olive Road. Supervisor District No. 4) (C-64-20-
006-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
s.
ROAD FILE NO. A657
Convene a hearing for Road File No. A657 to Open and Declare the following
described alignment into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignment into the County Transportation System,
Road File No. A657.
Legal description identified as Exhibit "A” is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: Signal Butte Road and Broadway Road. Supervisor District No. 2)
(C-64-20-019-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
t.
ROAD FILE NO. 5950
Convene a hearing for Road File No. 5950 to Open and Declare the following
described alignments into the County Transportation System.
In accordance with A.R.S. Titles 28-6701, 6705(A) and 11-822(C), it is
recommended by the Department of Transportation Director, that the Board of
Supervisors Open and Declare the following described alignments into the County
Transportation System: Road File No. 5950.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 25 of 59
Legal description identified as Exhibit "A", is attached.
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
(General Vicinity: McDowell Road and Citrus Road. Supervisor District No. 4) (C-64-
20-017-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
8.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0098
Convene a hearing for Road File No. PAB-0098 to consider the request to abandon a
portion of a Federal Patent Easement Number #1150143 lying in the Northwest quarter of
Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona.
General vicinity of Biles Road and 18th Avenue and known as Assessor Parcel 210-11-
015P. Notice conditions and the request for comment requirements have been met.
Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-
34 and Maricopa County Department of Transportation Procedure # P5203, it is
recommended by the Department of Transportation Director, that the Board of Supervisors
resolves to abandon a portion of a Federal Patent Easement, Road File No. PAB-0098.
Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition,
direct the Clerk of the Board to record the Board of Supervisors resolution with the County
Recorder.
Supervisory District No. 3
(C-64-19-182-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
AGENCY ITEMS AND STATUTORY MATTERS
ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS
COUNTY OFFICERS - OFICIALES DE CONDADO
Recorder - Registradora
9.
OFFICIAL APPOINTMENTS AND OATHS OF OFFICE
Pursuant to A.R.S. §11-409, approve the official appointment of the following deputies and
assistants of the Maricopa County Recorder. Authorize the Clerk of the Board of
Supervisors to certify the Official Appointment and Oaths of Office in accordance with
A.R.S. §38-231.
July 24, 2019
Mark Milwrick – Application Systems Programmer Analyst Senior
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 26 of 59
July 16, 2019
Mirela Nikolic – Voting Lead
Kevin Borsody – Special Election Board Clerk
Kayla Stewart – VR Voting Lead
July 15, 2019
Katina Brodie – Records Processor
Alisha Meade – Records Processor
Nicole Perez – Records Processor
Gladys Lewandowski-Romero – Human Resources Associate
Judith Lister – Voter Registration Specialist
Marlynda Lee – Voter Registration Specialist
Richard Greene – Director of Budget & Administrative Services
Christian George – Application Programmer Analyst
March 7, 2019
Susan Crocfer – Records Processor
Cara Coleman – Executive Assistant
March 6, 2019
Samantha Price – Records Processor
Tanner Leavitt – GIS Programmer/Analyst
March 4, 2019
Scott Hadley – Deputy Recorder
The Recorder is an Officer of the County, as enumerated in A.R.S. § 11-401, and pursuant
to A.R.S. § 11-409, such an enumerated County Officer may appoint deputies and
assistants with the consent of the Board of Supervisors. (C-36-20-002-9-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Sheriff - Alguacil
10.
DONATIONS
Accept the following cash donations greater than $250 designated for the Maricopa County
Sheriff’s Animal Safe Haven (MASH): 1) $300 from Maria Guevarra; 2) $500 from Kenneth
and Wendy Radtke on behalf of Karen Radke; and 3) $1,504 from Bogey’s Sports Bar and
Grill (Elaine Thompson). (C-50-20-013-D-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
11.
MOU BETWEEN MARICOPA COUNTY SHERIFF'S OFFICE AND JUVENILE
PROBATION REGARDING PROPERTY
Approve a Memorandum of Understanding between Maricopa County on behalf of the
Sheriff's Office and Juvenile Probation Department (JPD). The purpose of this MOU is to
formalize the relationship between the Sheriff’s Office and Juvenile Probation regarding
property obtained by JPD employees in the course of their duties that is stored by the
Sheriff’s Property and Evidence Division. This Memorandum of Understanding is non-
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 27 of 59
financial. It is effective August 1, 2019 and will continue until June 30, 2023 unless
terminated by either party with a thirty (30) day notice.
Property items obtained by Juvenile Probation employees during their duties are turned
into the Sheriff’s Office Property and Evidence Department for storage, safekeeping and
destruction. The Juvenile Probation Department is responsible for adhering to the most
current version of the Sheriff’s Office Policy and Procedures, Property Management and
Evidence Control policy (GE-3) and the Packaging Handbook. (C-50-20-014-M-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
12.
AMENDMENT TO AGREEMENT WITH GRAND CANYON UNIVERSITY FOR
DETENTION SERVICES
Approve Amendment No. 1 to the Detention Services Agreement by and between
Maricopa County on behalf of the Maricopa County Sheriff’s Office and Grand Canyon
Education, Inc. to change the name to Detention Services Agreement by and between
Maricopa County on behalf of the Maricopa County Sheriff’s Office and Grand Canyon
University; and change all instances of Grand Canyon Education, Inc. to Grand Canyon
University.
Grand Canyon Education, Inc., a Delaware Corporation, assigned its rights and interests to
Gazelle University, an Arizona nonprofit corporation, effective July 1, 2018. Gazelle
University changed its name to Grand Canyon University effective July 2018. The current
Agreement is through June 30, 2020. (C-50-18-019-3-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Treasurer - Tesorero
13.
CLEARING UNCOLLECTIBLE TAX
Approve and sign requests for tax clearance from the Treasurer’s Office pursuant to ARS §
42-19118 for the attached list of parcel numbers, tax years and amounts are on file in the
Clerk of the Board's Office in accordance with LAPR retention guidelines. Sheriff’s
affidavits for the attached list of parcel numbers are on file in the Clerk of the Board's office
in accordance with LAPR retention guidelines. (C-43-20-001-M-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
14.
TAX ABATEMENTS
Approve and sign request for tax abatements from the Treasurer’s Office pursuant to ARS
§ 42-18353 for the parcel numbers, tax years and amounts as listed on the attached list
and on file in the Clerk of the Board's office in accordance with LAPR retention guidelines.
(C-43-20-010-M-00)
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 28 of 59
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
JUDICIAL BRANCH - PODER JUDICIAL
Superior Court - Tribunal Superior
15.
DONATIONS FROM ARIZONA BAR FOUNDATION FOR THE INNOVATION AWARD
Approve the acceptance and expenditure of $1,700 from the Arizona Bar Foundation for
the Innovation Award received by the Judicial Branch for the Court Navigator Program.
This action will allow the cash award and donated funds to be expended to promote further
access to justice efforts through the Court Navigator Program. (C-80-20-002-2-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO
Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn
16.
APPOINTMENT OF MARICOPA COUNTY WORKFORCE DEVELOPMENT BOARD
MEMBERS
Remove David Drennon from the Business Representative Category and Appoint Mr.
Drennon, to the Workforce Representative Category serving as a Community Based
Organization for the term effective upon Board approval to June 30, 2021.
Appoint the following individual to the Workforce Representative Mandatory Category for
the term effective upon approval to June 30, 2022: Dr. Tina Drews, Apprenticeship
The MCWDB is established and receives its authority in accordance with the Workforce
Innovation & Opportunity Act (WIOA) signed in to law on July 22, 2014 as Public Law 113-
28. (C-95-20-001-9-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
17.
ARIZONA@WORK MARICOPA COUNTY LOCAL WORKFORCE DEVELOPMENT
PLAN 2016-2020 MODIFICATION
Approve the ARIZONA@WORK Maricopa County Local Workforce Development Plan
Modification for 2016-2020.
The Workforce Innovation & Opportunity Act (WIOA) requires each local workforce
development board submit plan modifications at the end of the first 2 year period of the 4
year local plan, in partnership with the chief elected official, to ensure a comprehensive
relevant plan is in place reflecting current and projected needs of the workforce system
Formal Meeting Minutes
Wednesday, September 04, 2019
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consistent with the State plan and in compliance with WIOA Title I Policy Broadcast -
PB#18-018 Local Plan Modifications.
Maricopa County, excluding the City of Phoenix, is the designated local workforce
development area under WIOA.
The Maricopa County Workforce Development Board is established and receives its
authority in accordance with the Workforce Innovation & Opportunity Act (WIOA) signed in
to law July 22, 2014 as Public Law 113-28. (C-95-20-002-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
COUNTY OFFICES AND DEPARTMENTS
DEPARTAMENTOS Y OFICINAS DEL CONDADO
Air Quality - Calidad del Aire
18.
AMENDMENT TO LEASE AGREEMENT L-7479 WITH IP BPG CITY SQUARE, LLC
Approve and authorize the Chairman to execute Amendment No. 2 to Lease Agreement L-
7479 between Maricopa County (Lessee) and IP BPG City Square, LLC, a Delaware
limited liability company authorized to do business in Arizona (Lessor), as successor lessor
for leased space located at 3800 North Central Avenue, Phoenix, Arizona.
As part of the Agreement negotiations, and due to time constraints, Lessor agreed to
construct on behalf of Lessee, certain tenant improvements consisting of two (2) dual-head
electric vehicle charging stations within the Multi-Level Garage of the Property, one of
which will be provided at the cost of Lessor, after the lease commenced (“Improvements”).
This Amendment allows for reimbursement to Lessor for said work at a cost not to exceed
twenty-one thousand sixty and 64/cents ($21,060.64) and adds provisions for Lessor to
grant use of 2 additional parking spaces, at no cost to Lessee, required for the installation
and use of Improvements. Lessor will manage the operation agreement for the charging
stations. Lessee will pay the annual network fee in the amount of seven hundred and
fourteen dollars ($714) per year and reimburse Lessor, at cost for the electric usage based
on Lessee’s use. Supervisory District: 3 (C-85-19-002-1-03)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Animal Care and Control Services - Servicios de Control y Cuidado de Animales
19.
NEW HOPE AGREEMENT WITH LUV OF DOGZ FUND
Approve an agreement between Luv of Dogz Fund, Inc. and Maricopa County,
administered by Maricopa County Animal Care and Control, to allow said rescue to transfer
animals that have been deemed eligible for the New Hope program. Maricopa County will
provide a rabies vaccination, dog license tag, and new owner transfer fee within the first
year of transfer for each dog three months of age or older at no cost to the Contractor. The
cost for these services is $52 for each animal transferred in FY 2020 and thereafter. Animal
Care and Control estimates fifteen (15) New Hope transfers over the term of the agreement
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Wednesday, September 04, 2019
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for a total of $780. The term of this agreement shall commence upon approval and
execution by the Board and will expire following a three (3)year period. (C-79-20-024-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
20.
NEW HOPE AGREEMENT WITH REGAL DANE RESCUE
Approve an agreement between Regal Dane Rescue and Maricopa County, administered
by Maricopa County Animal Care and Control, to allow said rescue to transfer animals that
have been deemed eligible for the New Hope program. Maricopa County will provide a
rabies vaccination, dog license tag, and new owner transfer fee within the first year of
transfer for each dog three months of age or older at no cost to the Contractor. The cost for
these services is $52 for each animal transferred in FY 2020 and thereafter. Animal Care
and Control estimates five (5) New Hope transfers over the term of the agreement for a
total of $260. The term of this agreement shall commence upon approval and execution by
the Board and will expire following a one (1) year period, with the option of renewal as set
forth in the agreement. (C-79-20-025-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
21.
NEW HOPE AGREEMENT WITH ARIZONA BORDER COLLIE RESCUE
Approve an agreement between Arizona Border Collie Rescue and Maricopa County,
administered by Maricopa County Animal Care and Control, to allow said rescue to transfer
animals that have been deemed eligible for the New Hope program. Maricopa County will
provide a rabies vaccination, dog license tag, and new owner transfer fee within the first
year of transfer, for each dog three months of age or older at no cost to the Contractor. The
cost for these services is $52 for each animal transferred in FY 2020 and thereafter. Animal
Care and Control estimates thirty-six (36) New Hope transfers over the term of the
agreement for a total of $1,872. The term of this agreement shall commence upon approval
and execution by the Board and will expire following a three (3) year period. (C-79-20-020-
3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
22.
FIRST AMENDMENT TO IGA WITH THE TOWN OF GILBERT FOR ANIMAL CONTROL
SERVICES
Approve and execute the First Amendment to an Intergovernmental Agreement (IGA) for
animal control services between the Town of Gilbert and Maricopa County, administered
through Maricopa County Animal Care and Control. (C-79-18-085-3-01)
The amended terms are as follows:
1. The Term of the Agreement is renewed for a two (2) year period, effective July 1, 2019
through June 30, 2021.
2. The Compensation Schedule (Appendix A) has been amended to include the service
cost for the renewed period:
Formal Meeting Minutes
Wednesday, September 04, 2019
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July 1, 2019 through June 30, 2020 $182,182
July 1, 2020 through June 30, 2021 Amount to be determined
3. All other terms and conditions of the Agreement shall remain in full force and effect.
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
23.
IGA WITH THE TOWN OF CAREFREE FOR ANIMAL CONTROL SERVICES
Approve an Intergovernmental Agreement (IGA) between Maricopa County, through
Maricopa Animal Care & Control, and the Town of Carefree for animal control services.
The initial term of the IGA is effective from July 1, 2019 through June 30, 2024, with the
option for renewals as set forth in the Agreement.
The Town of Carefree agrees to pay the sum of $2,750 annually for services rendered
during the initial term of the IGA, as is set forth in Paragraph 14 and Appendix A of the
Agreement. (C-79-20-019-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
24.
CLINICAL AFFILIATION AGREEMENT WITH MIDWESTERN UNIVERSITY
Approve a Clinical Affiliation Agreement between Midwestern University and Maricopa
County, administered through Animal Care & Control, to provide clinical experiences to
Midwestern University College of Veterinary Medicine students. Maricopa County and
Midwestern University will benefit to cooperate in the educational preparation of students,
so as to promote excellence in shelter animal care, to ensure professional competence,
and to provide maximum utilization of community resources.
This Clinical Affiliation Agreement is non-financial and is effective from August 1, 2019
through July 31, 2024, with a renewal option as set forth in the Agreement.
(C-79-20-023-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
25.
KENNEL PERMIT (MULTIPLE DOG LICENSE) RENEWAL FOR USA PUREBRED
LABS, LLC
Approve kennel permit renewal K20-000055 pursuant to A.R.S. §11-1009 for USA
Purebred Labs, LLC, 27828 N. 143rd Street, Scottsdale, AZ 85262, in District 2, for a one-
year period beginning on the date of the Board of Supervisors' approval. The cost of a
kennel permit is $350. The total amount received for this kennel permit application is $350.
(C-79-20-021-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 32 of 59
26.
KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR KIM & JEREME BARNETT D/B/A
DIAMONDS IN THE RUFF CORGIS
Approve the new kennel permit K19-000072 pursuant to A.R.S. §11-1009 for Kim &
Jereme Barnett d/b/a Diamonds in the Ruff Corgis, 25333 W. Manana Road, Morristown,
AZ 85342, in District 4, for a one-year period beginning on the date of the Board of
Supervisors' approval. The cost of a kennel permit is $350. The total amount received for
this kennel permit application is $350. (C-79-20-022-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Emergency Management - Administración de Emergencia
27.
SUBGRANTEE REIMBURSEMENT AGREEMENT WITH RIO VERDE FIRE DISTRICT
FOR THE NATIONAL FIRE PLAN
Approve a(n) Agreement between Rio Verde Fire District and Maricopa County through the
Department of Emergency Management, in the not-to-exceed amount of $9,000.00. This
Agreement is funded by a grant from Bureau of Land Management, (#L18AC00046). The
purpose of this Agreement is to to reduce the risk of catastrophic fire to wildland urban
interface communities. This Agreement is effective from August 1, 2019 until November 30,
2019.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditure of the funds is not prohibited by the budget law. This
budget adjustment does not alter the budget constraining the expenditure of local revenues
duly adopted by the board pursuant to A.R.S. §42-17105. (C-15-20-001-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Finance - Finanzas
28.
ACCEPT TRIBAL GAMING FUNDS FROM THE GILA RIVER INDIAN COMMUNITY
Pursuant to A.R.S. §5-601.02, authorize acceptance and pass-through of funds from the
Gila River Indian Community for following programs in the not-to-exceed amount of
$1,040,000.00 ($740,000.00 in FY 2020 and $300,000.00 in FY 2021).
Grant Applicant: American Red Cross of Greater Phoenix
Grant Program: Saving Lives with the American Red Cross
Amount Requested: $200,000.00
Grant Applicant: Arizona YWCA Metropolitan Phoenix
Grant Program: Own It Financial Education
Amount Requested: $5,000.00
Grant Applicant: Boys & Girls Clubs of East Valley
Grant Program: Pathways to Greater Futures
Amount Requested: $120,000.00
Formal Meeting Minutes
Wednesday, September 04, 2019
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Grant Applicant: Circle the City
Grant Program: Medical Respite Care Program
Amount Requested: $25,000.00
Grant Applicant: Civitan Foundation, Inc.
Grant Program: Transitioning Into Employment
Amount Requested: $15,000.00
Grant Applicant: Hospice of the Valley
Grant Program: Hospice and Palliative Care Services for Persons with Dementia
Amount Requested: $100,000.00
Grant Applicant: Native American Connections
Grant Program: Patina Mountain Preserve Wellness Center
Amount Requested: $500,000.00
Grant Applicant: Ryan House
Grant Program: End of Life Services for Children
Amount Requested: $75,000.00
The grant award is one time and there is no cash or in-kind match requirement. Indirect
costs are not applicable to Tribal Gaming Grants. Future ongoing cash contributions are
not required after the grant period. The grant award is not a mandated function and the
services provided by this grant benefit the general public, including public safety, mitigation
of the impacts of gaming, or promotion of commerce and economic development. The
grant award is competitively bid and determined by the Gila River Indian Community. There
are no costs that will need to be absorbed by the department’s operating budget.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditure of the funds is not prohibited by the budget law. (C-
18-19-006-G-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
29.
FILL THE GAP
Certify by authority of A.R.S. § 41-2421 ("Fill the Gap" legislation) (1) that total revenues
received in Fiscal Year 2018-2019 by the Justice Courts and the Superior Court including
the Clerk of Superior Court are greater than court revenues received in Fiscal Year 1997-
98; and, (2) authorize the County Treasurer to immediately distribute the 2018-2019
revenue deposited with the Maricopa County Treasurer pursuant to A.R.S. § 41-2421
(amounting to five percent of total court revenues from fees) as follows: 21.61% to State
Aid to County Attorney Fund $ 940,647.01; 20.53% to State Aid to Indigent Defense Fund
$ 893,636.43; 57.37% to Local Courts Assistance Fund $2,497,219.76; 0.49% to State
Treasurer for Department of Law $21,328.88. (C-18-20-006-2-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 34 of 59
30.
FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS
Approve regular and routine fund transfers, warrant reports 08/02/2019 through
08/15/2019, from the operating funds to clearing funds including payroll, journal entries,
allocations, loans, and paid claims and authorize the issuance of the appropriate related
warrants. Pursuant to A.R.S. §11-217(D) and A.R.S. §11-623, said warrants and claims are
on file in the Clerk of the Board’s office and retained in accordance with LAPR approved
retention schedule. (C-06-20-072-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Human Resources - Recursos Humanos
31.
MARKET RANGES
Pursuant to A.R.S §11-251 (38) and 251 (51), approve the addition, replacement, and/or
deletion of Market Ranges to the authorized comprehensive listing of employee
compensation Market Ranges previously approved by the Board of Supervisors and
approve
the
addition
and/or
replacement
of
bi-weekly
stipends
for
management/professional assignments (MPA) based upon the employee’s full-time
equivalent (FTE) status. (C-31-20-020-6-00)
Salary Range Updates:
Communications Manager (County) $35.05-$51.30 ($72,904-$106,704)
Communications Supervisor $33.20-$49.20 ($69,056-$102,336)
Detention Captain $45.60-$58.30 ($94,848-$121,264)
Detention Lieutenant $36.80-$47.50 ($76,544-$98,800)
Detention Officer $19.43-$30.35 ($40,414-$63,128)
Detention Officer (Probation) $19.43-$30.35 ($40,414-$63,128)
Detention Sergeant $27.13-$37.35 ($56,430-$77,688)
Detention Supervisor (Probation) $27.13-$37.35 ($56,430-$77,688)
Dietetic Technician $16.40-$23.40 ($34,112-$48,672)
Engineer $32.00-$46.25 ($66,650-$96,200)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Human Services - Servicios Humanos
32.
ACCEPTANCE OF GRANT FUNDS FROM U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES FOR EARLY HEAD START PROGRAM
Approve the receipt of 3rd year grant funds from the U.S. Department of Health and
Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head
Start (OHS), Grant No. 09HP000105-03-00. OHS provided a Notice of Award (NOA) for
$1,843,849 for Maricopa County Head Start program activities.
The grant funds are reoccurring for the project period that began on March 1, 2017 thru
August 31, 2021. The budget period for the $1,843,849 is September 1, 2019 thru August
31, 2020.
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Wednesday, September 04, 2019
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The funds will be utilized to provide Head Start services to 96 infants and toddlers.
Funding for Grant No. 09HP000105 was competitive and was awarded to Maricopa County
in March 2017. The purpose of the grant is for the County to increase the number of
program participants (infants and toddlers) that receive quality of learning opportunities
through partnerships with contracted Child Care providers. On June 2019, the Head Start
program submitted to OHS an application for 3rd year funding.
The grant requires a 20% non-federal share (NFS) match of the total grant award. The total
NFS is $460,962 for the period of September 1, 2019 thru August 31, 2020. NFS is
provided through in-kind donations of goods and services as well as parent volunteering.
Upon approval of receipt of funds, the grant award amount for the project period shall be
$6,966,087.
The Human Services Department approved provisional indirect rate for FY20 is 22.2% from
the U.S. Department of Health and Human Services for salaries and employee related
expenses. The total grant funds are $1,843,849 of which $486,137 is for salaries and
benefits. The total estimated indirect costs are $107,922 and fully recoverable.
Receipt of the grant funds does not require future or ongoing contributions by the County at
the end of the project period.
The services provided under this grant are not a mandated function but provides a benefit
to the citizens by providing eligible children with high quality care and education by
integrating Head Start performance measures. The measures provide children with
learning opportunities to enhance development and help with preparing children to be
school ready. The approved Head Start enrollment under this grant is 96 infants and
toddlers.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and Therefore, expenditure of the revenues is not prohibited by the budget law.
This Agreement does not alter the budget constraining expenditures of local revenues duly
adopted by the Board pursuant to A.R.S. 42-17105. The overall budget will be adjusted as
necessary to accommodate the grant funding through a future reconciliation.
Acceptance of the grant funds will not impact the County General Fund. Supervisory
District: All (C-22-17-060-G-07)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Parks and Recreation - Parques y Recreación
33.
APPLICATION FOR "100 MILES IN 100 DAYS CHALLENGE" TRADE NAME AND
TRADEMARK
FOR
THE
MARICOPA
COUNTY
PARKS
AND
RECREATION
DEPARTMENT
Authorize the Parks and Recreation Director to complete and submit the electronic/online
forms for the "100 Miles in 100 Days Challenge" trade name and trademark applications to
the Arizona Secretary of State’s Office, and authorize the Parks and Recreation Director to
submit future renewal applications. A copy of the signed applications will be provided to the
Office of the Clerk of the Board.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 36 of 59
The Maricopa County Parks and Recreation Department is working to secure trade name
and trademarks for an event managed by the department. In order to ensure that outside
agencies do not utilize the trade name and trademark, the Parks and Recreation
Department is recommending that the trade name and trademark be registered with the
Arizona Secretary of State’s Office. In addition, this will ensure internal consistency,
external control, exclusive naming rights, marketing and promotion, and protection of the
brand.
The applications will be registered with the Maricopa County as the primary owner for the
trademark and tradenames. A search was conducted on August 15, 2019, through the
Arizona Secretary of State’s registered trade name database, and no conflict was found.
(C-30-20-003-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
34.
DONATIONS FOR PARKS AND RECREATION
Accept the restricted monetary donations of $1,000 each from Michael Lorette and Pricilla
Torres for two memorial benches to be placed within White Tank Mountain Regional Park.
Donation revenue funds are deposited into Fund 243 as they are received. Donation funds
are not local revenues for the purpose of constitutional expenditure limitations and
therefore expenditures of these revenues are not prohibited by the budget law. The
approval of this action requested does not alter the budget constraining the expenditure of
local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-30-20-004-D-
00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
35.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
ARIZONA SAILING ADVENTURES, LLC
Approve the termination of the Commercial Management Concession Agreement (C-30-13-
007-3-00)
between
Maricopa
County
and
Arizona
Sailing
Adventures,
LLC
(Concessionaire) on November 28, 2012 (Agreement) and delegate authority to the
Director of Maricopa County Parks and Recreation Department (MCPRD) or his designee
to provide prior written notice to Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective as of September 4, 2019.
This termination is due to Maricopa County and Concessionaire entering into a new
Commercial Management Concession Agreement (New CMCA), covering the same
concession as the Agreement and requiring the Concessionaire to now pay the greater of
an annual minimum fee or an annual fee based on 10% of gross revenue, among other
things. Pursuant to Resolution C-30-18-016-M-00, the Board has delegated signature
authority to the MCPRD Director to enter into the New CMCA with the Concessionaire. All
activities for this concession are located in Supervisory District 4. (C-30-13-007-3-01)
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 37 of 59
Supervisor Chucri thanked staff for their work on the item.
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
36.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
SPUR CROSS STABLES, LLC
Approve the termination of the Commercial Management Concession Agreement as
amended (C-30-11-002-3-02) between Maricopa County Spur Cross Stables, LLC
(Concessionaire) on August 4, 2010 (Agreement) and delegate authority to Director of
Maricopa County Parks and Recreation Department (MCPRD) or his designee to provide
prior written notice to Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective as of September 4, 2019.
This termination is due to Maricopa County and Concessionaire entering into a new
Commercial Management Concession Agreement (New CMCA), covering the same
concession as the Agreement and requiring the Concessionaire to now pay the greater of
an annual minimum fee or an annual fee based on 10% of gross revenue, among other
things. Pursuant to Resolution C-30-18-016-M-00, the Board has delegated signature
authority to the MCPRD Director to enter into the New CMCA with the Concessionaire. All
activities for this concession were located at Supervisory District #2. (C-30-11-002-3-03)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
37.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
DESERT SNOW SHAVED ICE
Approve the termination of the Commercial Management Concession Agreement as
amended (C-30-12-001-3-01) between Maricopa County and Desert Snow Shaved Ice
(Concessionaire) on August 3, 2011 (Agreement) and delegate authority to Director of
Maricopa County Parks and Recreation Department (MCPRD) or his designee to provide
prior written notice to Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective as of September 4, 2019.
This termination is due to Maricopa County and Concessionaire entering into a new
Commercial Management Concession Agreement (New CMCA), covering the same
concession as the Agreement and requiring the Concessionaire to now pay the greater of
an annual minimum fee or an annual fee based on 10% of gross revenue, among other
things.
Pursuant to Resolution C-30-18-016-M-00, the Board has delegated signature authority to
the MCPRD Director to enter into the New CMCA with the Concessionaire. All activities for
this concession were located at Supervisory District #4. (C-30-12-001-3-02)
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 38 of 59
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
38.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
MD RANCH, LLC
Approve the termination of the Commercial Management Concession Agreement (C-30-14-
027-M-00) between Maricopa County and MD Ranch, LLC (Concessionaire) on March 26,
2014 (Agreement) and delegate authority to Director of Maricopa County Parks and
Recreation Department (MCPRD) or his designee to provide prior written notice to
Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective as of September 4, 2019
This termination is due to Maricopa County and Concessionaire entering into a new
Commercial Management Concession Agreement (New CMCA), covering the same
concession as the Agreement and requiring the Concessionaire to now pay the greater of
an annual minimum fee or an annual fee based on 10% of gross revenue, among other
things.
Pursuant to Resolution C-30-18-016-M-00, the Board has delegated signature authority to
the MCPRD Director to enter into the New CMCA with the Concessionaire. All activities for
this concession were located at San Tan Regional Park in Pinal County. (C-30-14-027-M-
01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
39.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
MICHAEL SIMPSON, DBA ARIZONA DESERT DOGS
Approve the termination of the Commercial Management Concession Agreement (C-30-18-
003-M-00) between Maricopa County and Michael Simpson, dba Arizona Desert Dogs
(Concessionaire) on September 6, 2017 (Agreement) and delegate authority to Director of
Maricopa County Parks and Recreation Department (MCPRD) or his designee to provide
prior written notice to Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective as of September 4, 2019
This termination is due to Maricopa County and Concessionaire entering into a new
Commercial Management Concession Agreement (New CMCA), covering the same
concession as the Agreement and requiring the Concessionaire to now pay the greater of
an annual minimum fee or an annual fee based on 10% of gross revenue, among other
things.
Pursuant to Resolution C-30-18-016-M-00, the Board has delegated signature authority to
the MCPRD Director to enter into the New CMCA with the Concessionaire. All activities for
this concession were located in all Supervisory Districts. (C-30-18-003-M-01)
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 39 of 59
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
40.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
BLAZIN BARBEQUE, LLC
Approve the termination of the Commercial Management Concessions Agreement (C-30-
13-023-M-00) between Maricopa County and Blazin Barbeque, LLC (Concessionaire) on
May 22, 2013 (Agreement) and delegate authority to Director of Maricopa County Parks
and Recreation Department (MCPRD) or his designee to provide prior written notice to
Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective on September 4, 2019.
This termination is due to the nonperformance in operating the concession activities and
failure to provide proof of insurance. Termination is per Section 2.6 Termination for Cause,
Sub-section 2.6.3 “Unsatisfactory performance on the part of the Concessionaire or failure
to comply with the provisions of this Agreement.” All activities for this concession are
located in Supervisory District #4. (C-30-13-023-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
41.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
STRIPER SNATCHER, LLC
Approve the termination of the Commercial Management Concession Agreement (C-30-15-
025-M-00) between Maricopa County and Striper Snatcher, LLC (Concessionaire) on May
5, 2015 (Agreement) and delegate authority to Director of Maricopa County Parks and
Recreation Department (MCPRD) or his designee to provide prior written notice to
Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective on September 4, 2019.
This termination is due to the nonperformance in operating the concession activities and
failure to provide proof of insurance. Termination is per Section 2.6 Termination for Cause,
Sub-section 2.6.3 “Unsatisfactory performance on the part of the Concessionaire or failure
to comply with the provisions of this Agreement.” All activities for this concession are
located in Supervisory District #4. (C-30-15-025-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
42.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
PERFECT BOAT RENTALS, LLC DBA WESTSIDE RECREATION
Approve the termination of the Commercial Management Concession Agreement (C-30-16-
013-M-00) between Maricopa County and Perfect Boat Rentals, LLC dba Westside
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 40 of 59
Recreation (Concessionaire) on February 17, 2016 (Agreement) and delegate authority to
Director of Maricopa County Parks and Recreation Department (MCPRD) or his designee
to provide prior written notice to Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective on September 4, 2019.
This termination is due to the nonperformance in operating the concession activities and
failure to provide proof of insurance. Termination is per Section 2.6 Termination for Cause,
Sub-section 2.6.3 “Unsatisfactory performance on the part of the Concessionaire or failure
to comply with the provisions of this Agreement.” All activities for this concession are
located in Supervisory District #4. (C-30-16-013-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
43.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
MIKA VENTURES, LLC DBA LUV TO STAND UP PADDLE
Approve the termination of the Commercial Management Concession Agreement (C-30-15-
017-M-00) between Maricopa County and Mika Ventures, LLC dba Luv 2 Stand Up Paddle
(Concessionaire) on February 18, 2015 (Agreement) and delegate authority to Director of
Maricopa County Parks and Recreation Department (MCPRD) or his designee to provide
prior written notice to Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective on September 4, 2019.
This termination is due to the nonperformance in operating the concession activities and
failure to provide proof of insurance. Termination is per Section 2.6 Termination for Cause,
Sub-section 2.6.3 “Unsatisfactory performance on the part of the Concessionaire or failure
to comply with the provisions of this Agreement.” All activities for this concession are
located in Supervisory District #4. (C-30-15-017-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
44.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
WALTER H. PETERS
Approve the termination of the Commercial Management Concession Agreement as
amended (C-30-11-039-3-01) between Maricopa County and Walter H. Peters
(Concessionaire) on March 30, 2011 (Agreement) and delegate authority to Director of
Maricopa County Parks and Recreation Department (MCPRD) or his designee to provide
prior written notice to Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective on September 4, 2019.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 41 of 59
This termination is due to the nonperformance in operating the concession activities and
failure to provide proof of insurance. Termination is per Section 2.6 Termination for Cause,
Sub-section 2.6.3 “Unsatisfactory performance on the part of the Concessionaire or failure
to comply with the provisions of this Agreement.” All activities for this concession are
located in Supervisory District #4. (C-30-11-039-3-02)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
45.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
ARIZONA HIKE BIKE AND BOARD, LLC
Approve the termination of the Commercial Management Concession Agreement (C-30-14-
037-M-00) between Maricopa County and Arizona Hike Bike and Board, LLC
(Concessionaire) on June 25, 2014 (Agreement) and delegate authority to Director of
Maricopa County Parks and Recreation Department (MCPRD) or his designee to provide
prior written notice to Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective on September 4, 2019.
This termination is due to the nonperformance in operating the concession activities and
failure to provide proof of insurance. Termination is per Section 2.6 Termination for Cause,
Sub-section 2.6.3 “Unsatisfactory performance on the part of the Concessionaire or failure
to comply with the provisions of this Agreement.” All activities for this concession are
located in all Supervisory Districts. (C-30-14-037-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
46.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
AQUA ADVENTURES, LLC ULTIMATE DIVE AND TRAVEL
Approve the termination of the Commercial Management Concession Agreement (C-30-14-
004-M-00) between Maricopa County and Aqua Adventures, LLC Ultimate Dive and Travel
(Concessionaire) on August 21, 2013 (Agreement) and delegate authority to Director of
Maricopa County Parks and Recreation Department (MCPRD) or his designee to provide
prior written notice to Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective on September 4, 2019.
This termination is due to the nonperformance in operating the concession activities and
failure to provide proof of insurance. Termination is per Section 2.6 Termination for Cause,
Sub-section 2.6.3 “Unsatisfactory performance on the part of the Concessionaire or failure
to comply with the provisions of this Agreement.” All activities for this concession are
located in Supervisory District #4. (C-30-14-004-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 42 of 59
47.
TERMINATION OF COMMERCIAL MANAGEMENT CONCESSION AGREEMENT WITH
AZ WATER CRAFT, LLC
Approve the termination of the Commercial Management Concession Agreement (C-30-17-
003-M-00) between Maricopa County and AZ Water Craft, LLC (Concessionaire) on
August 3, 2016 (Agreement) and delegate authority to Director of Maricopa County Parks
and Recreation Department (MCPRD) or his designee to provide prior written notice to
Concessionaire to terminate the Agreement.
The Agreement authorized the Concessionaire to manage, operate and maintain a
concession within the Maricopa County Regional Park System. Termination will be
effective on September 4, 2019.
This termination is due to the nonperformance in operating the concession activities and
failure to provide proof of insurance. Termination is per Section 2.6 Termination for Cause,
Sub-section 2.6.3 “Unsatisfactory performance on the part of the Concessionaire or failure
to comply with the provisions of this Agreement.” All activities for this concession are
located in Supervisory District #4. (C-30-17-003-M-01)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
48.
MARICOPA TRAIL AGREEMENT FOR THE ESTRELLA COMMUNITY TRAIL SYSTEM
Approve and authorize the Chairman to execute a Maricopa Trail Agreement (“Agreement”)
between Maricopa County (“County”) and NNP III - EMR 3 LLC, NNP III – Estrella
Mountain Ranch LLC, The Villages at Estrella Mountain Ranch Community Association
and the Estrella Joint Committee, Inc. (collectively, the “Community”) to include a portion of
Estrella Community Trail System in Maricopa Trail Segment 33A, 33B, 33C.
The term of this AGREEMENT is for a period of twenty five (25) years ("TERM") with one
(1) option to renew for twenty five (25) years ("RENEWAL OPTION").
The purpose of this Agreement is to identify the rights and responsibilities of the County
and the Community for purposes of linking existing and proposed new portions of the
Estrella Community Trail System with the Maricopa Trail, resulting in improved natural
resources management and providing additional opportunities for members of the public to
use this area for a recreational trail. Pursuant to this Agreement the County and the
Community will work together to construct a multi-modal trail section as an alternative
transportation route through the west valley communities, that connects Estrella Mountain
Regional Park to Buckeye Hills Regional Park. This Agreement also provides the County’s
Director of Parks and Recreation or designee with the authority and responsibility for
proper administration of the Agreement. This item is located in Supervisorial District #5 (C-
30-20-005-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 43 of 59
Procurement Services - Servicios de Adquisiciones
49.
MCDOT HVAC UPGRADES (200007-DBB)
Approve and authorize the execution of a Design Bid-Build contract between Maricopa
County and Pueblo Mechanical & Controls, LLC, Tucson, AZ in an amount not-to-exceed
$3,221,949.00, to provide replacement and upgrades of HVAC equipment on the Maricopa
County Department of Transportation Administrative Building, located at 2901 W. Durango
St., Phoenix, AZ. (C-73-20-006-5-00)
Pueblo Mechanical and Controls LLC
Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
50.
PHARMACY BENEFIT MANAGER SERVICES (USC) (16018-RFP)
Approve a (1) one year renewal, through June 30, 2021, of the Contract with OptumRx
PBM of Illinois, Inc. for Pharmacy Benefit Manager Services for County Employees and
increase the expenditure authority limit by $24,000,000. Services under the Contract
include Network Access, Claim Adjudication and ancillary services as required by the
County. This contract covers Brand Name, Generic and Specialty Drugs. (C-73-17-014-7-
01)
OptumRX PBM of Illinois, Inc.
Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Public Health - Salud Pública
51.
DATA USE AGREEMENT WITH SOUTHWEST BEHAVIORAL & HEALTH SERVICES
FOR THE COMMUNITY HEALTH DASHBOARD
Approve this non-monetary Data Use Agreement between Maricopa County by and
through its Department of Public Health (MCDPH), Epidemiology Department and
Southwest Behavioral & Health Services for a dashboard that will enable community
members to learn about the health of the citizens of Maricopa County. This Agreement
details the criteria for sharing of data between parties to the agreement.
This is a 5-year agreement, effective upon full execution. Either party may terminate with
written notice. (C-86-20-006-3-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
52.
PURCHASE ORDER FOR IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES
FOR IMMUNIZATION SERVICES
Approve Purchase Order (PO) (PO107336) for fixed-price Intergovernmental Agreement
(IGA) Contract No. (ADHS18-177694), Immunization Services (IS), Maricopa County
between Arizona Department of Health Services (ADHS) and Maricopa County by and
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 44 of 59
through its Department of Public Health (MCDPH), Community Wellness and Health
Promotion to provide continued funding for immunization services.
This PO amount is for $1,454,373.00 for the budget period July 1, 2019 through June 30,
2020, bringing the total not to exceed amount from $1,605,809 to $3,060,182.00 for the
period from July 1, 2018 through June 30, 2020. The term of this IGA begins January 1,
2018 through December 31, 2022.
The Department of Public Health’s indirect rate for FY19-20 is 19.2%. Indirect is estimated
at $234,261.00, all of which is recoverable. The overall grant budget will be adjusted as
necessary to accommodate this grant through a future reconciliation.
This grant award is reoccurring and has been awarded to the department since 1993. This
grant does not require an in-kind match, indirect cost is fully recoverable and ongoing cash
contributions are not required. The grant award is a mandated function and provides a
benefit to the citizens by ensuring that immunization coverage levels in the County’s child,
adolescent, and adult populations improve for both public and private health care
recipients. The grant award is not competitive. All program costs are allocated to the grant
so there will be no additional burden on the department’s operating budget.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore expenditure of the revenues is not prohibited by the budget law.
This Amendment does not alter the budget constraining expenditures of local revenues
duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be
adjusted as necessary to accommodate this grant through a future reconciliation. Funding
for this Agreement is provided by a Grant from ADHS and will not affect the County’s
general fund. (C-86-18-018-3-06)
Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
53.
AMENDMENT TO IGA WITH PHOENIX ELEMENTARY SCHOOL DISTRICT FOR
DENTAL SEALANT PROGRAM SERVICES
Approve a retro-active non-financial amendment to the Intergovernmental Agreement (IGA)
between Phoenix Elementary School District (WESD) and Maricopa County by and through
its Department of Public Health, Office of Oral Health Dental Sealant Program for free
dental sealant services for the students. This IGA is effective beginning July 1, 2019 and
remains in effect until June 30, 2023 unless terminated by either party. (C-86-18-073-3-01)
Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
54.
NOTICE OF AWARD FOR GRANT FUNDS FROM CENTERS FOR DISEASE CONTROL
FOR OVERDOSE DATA TO ACTION PROGRAM
Approve the Notice of Award of grant funds from U.S. Department of Health and Human
Services, Centers for Disease Control (CDC), in the not-to-exceed amount of $2,688,960.
Funding is to support recipients in getting high quality, comprehensive, and timelier data on
overdose morbidity and mortality, and to use those data to inform prevention. The budget
period for this award is September 1, 2019 through August 31, 2020. The term of the
agreement is September 1, 2019 through August 31, 2022.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 45 of 59
This is a new grant opportunity and its reoccurrence is not known. It is a non-competitive
grant opportunity and there is no cash or in-kind match required. Should the grant cease,
on-going contributions should not be required. This is not a mandated service but provides
a benefit to our citizens by continuing work to improve access to complete and timely data
on prescribing, and on fatal and nonfatal drug overdoses to better understand the
epidemic. Additionally, there is a need for the tools and resources to then use these data to
inform and target prevention and response efforts.
The grant allows for the full indirect rate of 19.2%. Indirect cost is estimated to be
$433,121, all of which is recoverable. All program costs are allocated to the grant so there
will be no additional burden on the department’s operating budget.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditure of the funds is not prohibited by the budget law.
Approval of this action does not alter the budget constraining the expenditure of local
revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-86-20-007-3-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
55.
RFP CONTRACT WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HIGH
RISK PERINATAL PROGRAM/NEWBORN INTENSIVE CARE PROGRAM COMMUNITY
HEALTH NURSING PROGRAM
Approve the Request for Proposal (RFP) Contract award for Community Nursing Services
awarded by the Arizona Department of Health Services (ADHS), High Risk Perinatal
Program (HRPP) to Maricopa County by and through its Department of Public Health
(MCDPH). The funding for this program is “as needed” based on client visits/enrollments
and is estimated at a not-to-exceed amount of $590,000 for the 11 month budget period
August 1, 2019 through June 3, 2020. Payment on an as needed basis allows ADHS
greater flexibility in allocating funds based on the services being provided. This approval
extends to and becomes a part of the ADHS contract (number not yet issued). The contract
term is from August 1, 2019 through June 30, 2022.
The HRPP NICP grant award is reoccurring and has been awarded to the department
since 1988. This grant does not require an in-kind match, indirect cost is fully recoverable
and ongoing cash contributions are not required. The grant award funds a service that is
not mandated but delivers a benefit to the citizens by providing developmental follow-up
through home-based services for families whose children received intensive or special care
immediately after birth and for children with identified special health care needs. The grant
award is competitive. All program costs are allocated to the grant so there will be no
additional burden on the department’s operating budget.
The Department of Public Health indirect rate for FY2019-20 is 19.2%. The indirect costs
are estimated at $95,034 and are fully recoverable.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation and therefore expenditure of the revenues is not prohibited by the budget law.
This action does not alter the budget constraining expenditures of local revenues duly
adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be
adjusted as necessary to accommodate this grant through a future reconciliation. Funding
for this grant will be provided by ADHS and will not affect the County’s general fund. (C-86-
20-008-3-00)
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 46 of 59
Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Real Estate - Bienes Raíces
56.
AMENDMENT TO LICENSE AGREEMENT WITH TOWN OF GILBERT
Approve and authorize the Chairman to execute Amendment No. 4 to License Agreement
P-50187 with the Town of Gilbert (Town), as Licensor, for use of parking spaces at the
Town’s Civic Center Drive facility and at the Town’s Guadalupe Road & Greenfield Road
facility for the purpose of parking Maricopa County owned vehicles overnight and County
staff owned vehicles during business hours. The term of the license will begin September
15, 2019 and expire on September 14, 2024. The cost to Maricopa County is nominal at
$1.00 (One Dollar).
Either party may terminate the Agreement with 30-days prior written notice to the other. (C-
18-12-009-3-04)
Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
57.
ARIZONA PUBLIC SERVICE (APS) GRANT OF UTILITY EASEMENT
Approve the granting of a non-exclusive utility easement, without a public auction pursuant
to A.R.S. 11-251 (9), to Arizona Public Service Company (APS), and its successors and
assigns, in, upon, over, under, through, across, and beyond the County’s property
identified as the Hassayampa River Preserve (APN 503-05-015L), and AUTHORIZE the
Chairman of the Board to execute all necessary documents approved by Counsel to grant
such easement. This item is located in Supervisorial District 4.
THIS ITEM REQUIRES THE UNANIMOUS CONSENT OF THE BOARD.
This easement is necessary to provide electric service for existing County facilities as well
as the planned Parks and Recreation host sites at the Hassayampa River Preserve. The
easement will grant APS the right to construct, reconstruct, replace, repair, operate, and
maintain electrical lines for the transmission and distribution of electricity (and for all other
purposes connected therewith including telecommunication). The easement also
memorializes an existing historical electrical distribution line that serves the property to the
north and west of the Preserve. The County took title to the Preserve land subject to that
existing electrical distribution line and this easement prevents APS from establishing
additional services to that property or other adjacent private properties without requesting a
new easement.
This easement is in accordance with the Maricopa County Park Land Disposal Policy and
Procedure (Policy A2610), Section II, C.2, amended and approved by the Board of
Supervisors on October 10, 2018 (C-30-19-006-6-00) (C-78-20-002-3-00)
Motion to approve by roll call vote was made by Supervisor Hickman, seconded by
Supervisor Chucri
The Clerk called the roll with the following result:
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 47 of 59
Transportation - Transportación
58.
ANNEXATION BY THE CITY OF PEORIA: ORDINANCE NO. 2019-20
Pursuant to A.R.S. §9-471(N), approve the annexation by the City of Peoria of County
right-of-way within: Pinnacle Peak Road from 99th Avenue to 91st Avenue, in accordance
with Ordinance No. 2019-20.
(General Vicinity: Pinnacle Peak Road at 99th Avenue. Supervisory District No. 4) (C-64-
20-047-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
59.
ROAD ABANDONMENT: ROAD FILE NO. AB-322
Pursuant to A.R.S. §28-7214, adopt Resolution AB-322 to abandon a portion of 491st
Avenue in the vicinity of Thomas Road by extinguishing a portion of the easement which
was conveyed to Maricopa County by means of an Easement and Agreement for Highway
Purposes on March 8, 1977 and recorded by the Maricopa County Recorder as recorded
by the Maricopa County Recorder in Docket 12154, page 911 and by means of an
Easement and Agreement for Highway Purposes on July 27, 2001 and recorded by the
Maricopa County Recorder as recorded by the Maricopa County Recorder in Instrument
No. 2001-0679515 and by means of an Easement and Agreement for Highway Purposes
on July 27, 2001 and recorded by the Maricopa County Recorder as recorded by the
Maricopa County Recorder in Instrument no. 2001-0679516.
Abandon this portion of 491st Avenue at the request of Maricopa County Department of
Transportation.
(General Vicinity of 491st Avenue and Thomas Road at 2530 N. 491st Avenue and known
as Assessor parcel 506-30-017C, 017D and 018B. Supervisory District No. 5) (C-64-20-
048-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
60.
PORTION OF PARCEL AS EXCESS FOR SALE TO THE CITY OF GOODYEAR
Approve a portion of the parcel as excess for sale to the City of Goodyear.
MCDOT acquired this parcel through condemnation action as a part of the MC85 project.
This remnant parcel is no longer needed for roadway, however, a portion of the parcel is
retained for drainage (basin). The eastern-most edge of this parcel runs parallel to
Goodyear-owned land that they are using for waste-water pipes, etc. to support their
waste-water facility being built south of this area. They would like to purchase the section
of the parcel to run the surface/clean water pipelines. Supervisory District No. 5 (C-64-20-
049-M-00)
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 48 of 59
The Clerk noted a map of the parcel was submitted by the department. It is available
and on file in the Clerk of the Board's Office in accordance with LAPR retention
guidelines.
Motion to approve as amended by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
61.
EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS
Approve easements, right-of-way documents, and relocation assistance for highway and
public purposes as authorized by road file resolutions or previous Board of Supervisors’
action. (C-06-20-091-7-00)
A.
D23818
(WJ)
Project #: TT0583 – 20th Street (Cloud Road to Tamar Road) Lease
Agreement #:16-120683-00-100 – Perpetual Lease for Right of Way
– State Land Department.
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES
Board of Supervisors - Junta de Supervisores
62.
APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Approve the appointment of Kevin Medema to the Community Development Advisory
Committee, representing Supervisorial District 2. The term of the appointment will be
effective as of Board approval through June 30, 2020. (C-06-20-087-7-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS
~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~
~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix,
amenos que de otromodo notado~
Transportation – Transportación
63.
ROAD FILE NO. A658
Set a hearing for October 9, 2019 for Road File No. A658 to Open and Declare the
following described alignments into the County Transportation System.
The Department of Transportation Director has recommended that Verrado Way from
South of MC 85 to North of MC 85 be declared and accepted into the MCDOT road
system.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 49 of 59
(General Vicinity: Verrado Way and MC 85 and in Unincorporated Maricopa County.
Supervisory District No. 4) (C-64-20-050-M-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
NOTE: Agenda item #64 was taken out of order and heard before agenda item #67.
Air Quality
64.
AQ-2017-012-RULE 314 (OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT
COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS)
Pursuant to A.R.S. §49-479(b), set a public hearing for October 23, 2019 to solicit
comments and consider the adoption of the proposed revision of Maricopa County Air
Pollution Control Regulations Rule 314 (Open Outdoor Fires and Indoor Fireplaces at
Commercial and Institutional Establishments) and the associated proposed revision to the
Arizona State Implementation Plan (SIP). Following the public hearing, the Board is
requested to adopt the proposed amendments to the rule and to approve submission of the
amended rule as a revision to the Arizona SIP. Upon Board approval, this item will become
effective October 23, 2019.
The Maricopa County Air Quality Department (MCAQD) is proposing to revise Rule 314
(Open
Outdoor
Fires
and
Indoor
Fireplaces
at
Commercial
and
Institutional
Establishments) and is proposing to submit the revised rule as a revision to the Arizona
SIP.
Rule 314 was adopted to reduce emissions of nitrogen oxides and volatile organic
compounds (which are precursors to ozone formation), carbon monoxide, and particulate
matter. Rule 314 identifies the types of fires that are allowed in Maricopa County, when
each type of fire is allowed, what types of materials can and cannot be burned, and other
requirements that are applicable to each type of fire.
The MCAQD is proposing to revise Rule 314 for the following reasons:
--To clarify the applicability and requirements of Rule 314.
--To define cooking, restrict the size of fires used for cooking, and require that fires ignited
for cooking during a restricted burn period be extinguished once the food is suitable for
human consumption.
--To require the use of seasoned wood in fireplaces, woodstoves, and chimineas at
commercial and institutional establishments, and in outdoor fires ignited for the following
purposes:
-To provide warmth for human beings;
-For recreational purposes;
-For branding of animals;
-For cooking;
-For proper disposal of the flag of the United States in accordance with 4 U.S.C. § 8.
--To incorporate existing MCAQD policies related to firefighter training during restricted
burn periods and agricultural flame cultivation.
--To make other changes to ensure that the revised rule can be approved into the Arizona
SIP.
Permit fees are not changing due to this action. (C-85-20-002-M-00)
65.
AQ-2019-002-ORDINANCE P-26 (RESIDENTIAL WOODBURNING RESTRICTION)
Pursuant to A.R.S. §49-479(b), set a public hearing for October 23, 2019 to solicit
comments and consider the adoption of the proposed revision of Maricopa County Air
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 50 of 59
Pollution Control Regulations Ordinance P-26 (Residential Woodburning Restriction) and
the associated proposed revision to the Arizona State Implementation Plan (SIP).
Following the public hearing, the Board is requested to adopt the proposed amendments to
the ordinance and to approve submission of the amended ordinance as a revision to the
Arizona SIP. Upon Board approval, this item will become effective October 23, 2019.
The Maricopa County Air Quality Department (MCAQD) is proposing to revise Ordinance
P-26 (Residential Woodburning Restriction) and is proposing to submit the revised
ordinance as a revision to the Arizona SIP.
Ordinance P-26 was adopted in response to A.R.S. § 11-871, which required Maricopa
County to adopt and implement a residential woodburning restriction when monitoring or
forecasting indicates that the carbon monoxide or particulate matter standards are likely to
be exceeded.
The MCAQD is proposing to revise Ordinance P-26 for the following reasons:
--Clarify which fires at residential locations are subject to Ordinance P–26;
--Exempt fires and appliances used for cooking from Ordinance P–26 (because A.R.S. §
49-501(B) specifies that open outdoor fires used for cooking shall be allowed at any time);
--Clarify the ordinance by removing definitions of terms that are not used in the ordinance;
--Rephrase the ordinance to clarify the requirements that are applicable during restricted
burn periods and the requirements that are applicable at all times;
--Reference the air quality standards in Rule 510 (so that Ordinance P–26 does not have to
be revised each time the EPA revises a NAAQS);
--Update the methods that the MCAQD will use to notify the public when a restricted burn
period has been declared;
--Delete the provision which stated that only violations of the ordinance which occurred
within one year of a present offense shall be considered as prior violations (because the
statute that specifies the consequences for violating this ordinance does not include that
provision);
--Update the names of low income assistance programs (that are used to determine when
low income residents may qualify for a temporary exemption) and the name of the
implementing agency; and
--Make other changes to ensure the revised ordinance can be approved into the Arizona
State Implementation Plan. Permit fees are not changing due to this action. (C-85-20-003-
M-00)
Chairman Gates thanked staff for their work on items 64 through 66.
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
66.
AQ-2019-001-INCORPORATION BY REFERENCE 2018-2019
Pursuant to A.R.S. §49-479(b), set a public hearing for October 23, 2019 to solicit
comments and consider the adoption of incorporating federal standards into Maricopa
County Air Pollution Control Regulations: Rule 360 (New Source Performance Standards),
Rule 370 (Federal Hazardous Air Pollutant Program), Rule 371 (Acid Rain), and Appendix
G (Incorporated Materials). Following the public hearing, the Board is requested to adopt
the incorporations into the Maricopa County Air Pollution Control Regulations. Upon Board
approval, this item will become effective October 23, 2019.
The Maricopa County Air Pollution Control Regulations contain several rules, Rules 360,
370, 371 and Appendix G, which incorporate by reference federal regulations from Title 40
of the Code of Federal Regulations (CFR). These federal regulations include New Source
Performance Standards (NSPS), National Emission Standards for Hazardous Air
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 51 of 59
Pollutants (NESHAP) and Acid Rain regulations. Every July 1, the U.S. Environmental
Protection Agency (EPA) codifies revisions made to these federal regulations during the
preceding year. The purpose of this rulemaking is to incorporate by reference the
applicable federal regulations as codified on July 1, 2019, and thereby update Rules 360,
370, 371, and Appendix G with any revisions made to the corresponding federal rules
during the preceding year. This is necessary in order to continue to comply with the
MCAQD’s delegated authority from EPA to implement and enforce NSPS, NESHAP, and
acid rain programs in Maricopa County, except for those specific authorities retained by
the EPA. After the rules are adopted by the Board of Supervisors, the MCAQD will request
delegation authority from the EPA to implement and enforce the federal standards. These
amendments should not have an economic impact on businesses in Maricopa County and
should not impose additional costs on the regulated community, small businesses,
political subdivisions, and members of the public. Permit fees are not changing due to this
action. (C-85-20-004-M-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
NOTE: Agenda item #64 was taken out of order and heard before agenda item #67.
~ Supervisor Chucri declared a conflict of interest and left the dais ~
Air Quality
64.
AQ-2017-012-RULE 314 (OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT
COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS)
Pursuant to A.R.S. §49-479(b), set a public hearing for October 23, 2019 to solicit
comments and consider the adoption of the proposed revision of Maricopa County Air
Pollution Control Regulations Rule 314 (Open Outdoor Fires and Indoor Fireplaces at
Commercial and Institutional Establishments) and the associated proposed revision to the
Arizona State Implementation Plan (SIP). Following the public hearing, the Board is
requested to adopt the proposed amendments to the rule and to approve submission of the
amended rule as a revision to the Arizona SIP. Upon Board approval, this item will become
effective October 23, 2019.
The Maricopa County Air Quality Department (MCAQD) is proposing to revise Rule 314
(Open
Outdoor
Fires
and
Indoor
Fireplaces
at
Commercial
and
Institutional
Establishments) and is proposing to submit the revised rule as a revision to the Arizona
SIP.
Rule 314 was adopted to reduce emissions of nitrogen oxides and volatile organic
compounds (which are precursors to ozone formation), carbon monoxide, and particulate
matter. Rule 314 identifies the types of fires that are allowed in Maricopa County, when
each type of fire is allowed, what types of materials can and cannot be burned, and other
requirements that are applicable to each type of fire.
The MCAQD is proposing to revise Rule 314 for the following reasons:
--To clarify the applicability and requirements of Rule 314.
--To define cooking, restrict the size of fires used for cooking, and require that fires ignited
for cooking during a restricted burn period be extinguished once the food is suitable for
human consumption.
--To require the use of seasoned wood in fireplaces, woodstoves, and chimineas at
commercial and institutional establishments, and in outdoor fires ignited for the following
purposes:
-To provide warmth for human beings;
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 52 of 59
-For recreational purposes;
-For branding of animals;
-For cooking;
-For proper disposal of the flag of the United States in accordance with 4 U.S.C. § 8.
--To incorporate existing MCAQD policies related to firefighter training during restricted
burn periods and agricultural flame cultivation.
--To make other changes to ensure that the revised rule can be approved into the Arizona
SIP.
Permit fees are not changing due to this action. (C-85-20-002-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Gates, Hickman, Gallardo
Recused: Chucri
~ Supervisor Chucri returned to the dais ~
CONSENT AGENDA - AGENDA DE CONSIENTA
Clerk of the Board - Secretaria de la Junta
67.
DONATIONS
In accordance with County Policy A2508, accept the monthly donation reports received
from the Sheriff's Office for June 2019 for a Cash Value of $1,064.79 and a Non-Cash
Value of $1,294.98 for items donated; and for July 2019 for a Cash Value of $190 and a
Non-Cash Value of $1,316.87 for items donated. (C-06-20-073-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
68.
DUPLICATE WARRANTS
Pursuant to A.R.S §11-632, approve and ratify the issuance of duplicate warrants to replace
county warrants and school warrants which were either lost or stolen. Necessary affidavits
have been filed with the Board. (C-06-20-077-7-00)
Name
Warrant No
Amount
Dept/School
Jennifer Caro
3700198929
52.04
Tolleson Union
Stephanie Carter
3700199372
484.15
Queen Creek Unified
Flocabulary
3700186027
672.00
Higley Unified
Daniel Geremia
3010038560
958.44
Risk Management
Hillyard, Inc
3700185443
1,838.98
Nadburg Elementary
S Marie Looney
3010038894
2,890.00
Public Defense
Services
Joshua Morales
3700209059
1,090.65
Tolleson Elementary
TCS SVC LLC
3010033426
345.36
Human Services
Uncle Chucks Stuff
3700194120
1,475.97
East Valley Inst of Tech
Jesse O Contreras
3700208602
899.46
Fowler Elementary
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 53 of 59
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
69.
HEAD START MONTHLY REPORT
Receive the Head Start report for June 2019 submitted by the Human Services
Department. Report includes information on: (C-06-20-069-7-00)
Program Enrollment
Number of Children served with Disabilities
Program eligible children on waitlist
Funding Amount and Expenditures
Meals served
Parent education & Volunteer hours
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
70.
STALE DATED WARRANTS
Pursuant to A.R.S. §11-644 the Board of Supervisors finds that claims presented, are
legitimate and that claimants have demonstrated good and sufficient reason for failure to
present the original check or warrant within the allotted time. Accordingly, the claims are
allowed. (C-06-20-076-7-00)
Name
Warrant No
Amount
Department
Dale O Brandser
865092
1,193.29
Treasurer
Secretary of State
3010012930
89,940.62
Elections
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
71.
TAX ABATEMENTS
Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to ARS
42-18353 for the parcel numbers, tax years and amounts as listed below: (C-43-20-008-M-
00)
119-08-046L 2009-2016 $400.85
119-08-046M 2009-2016 $2,018.28
219-18-008R 2008-2016 $16,930.62
930-10-682 1993 $4,359.60
938-14-175 2008 $584.90
941-17-674 2003-2004 $15,676.55
947-77-325 2014-2015 $1,668.86
948-00-325 2014 $3,889.68
993-91-719 2017 $9,658.19
994-38-584 2018 $26,494.84
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 54 of 59
72.
TREASURER'S COLLECTIONS AND INVESTMENT SUMMARY FOR JULY 2019
Pursuant to A.R.S. § 11-501, accept the Treasurer's Statement of Collections and
Investment reports for July 2019, as on file in the Clerk of the Board's Office and retained in
accordance with Arizona State Library Archives and Public Record (ASLAPR) approved
retention schedule. (C-43-20-007-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
73.
SECURED/UNSECURED TAX ROLL CORRECTIONS
Pursuant to A.R.S. §§42-15155, 16002, 16215, 16258, and 19118, approve requests from
the Assessor for corrections of the Secured Tax Rolls Resolutions, as attached and on file
in the Clerk of the Board's office in accordance with LAPR retention guidelines. This
reflects actual tax dollar corrections to the County tax rolls due to administrative corrections
of the Assessor and as a result of property tax appeals. (C-06-20-078-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
74.
PRECINCT COMMITTEEMEN
Pursuant to A.R.S. §16-821, authorize the appointment and cancellation of appointment of
Precinct Committeemen. List is on file in the Clerk of the Board’s Office and retained in
accordance with ASLAPR approved retention schedule. (C-06-20-090-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
75.
SETTLEMENT/RESOLUTION OF PROPERTY TAX CASES AND CLAIMS
Pursuant to A.R.S. §§42-16201 through 16258, approve the settlement/resolution of tax
cases and claims as listed. (C-06-20-093-7-00)
2018: TX2017-000102;
2019: TX2018-000721; TX2018-000723;
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
NOTE: Agenda item #A-1 was taken out of order and heard before agenda item #5.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 55 of 59
BOARD OF SUPERVISORS ADDENDUM
ADÉNDUM DE LA JUNTA DE SUPERVISORES
Board of Supervisors
A-1.
APPOINT A JUSTICE OF THE PEACE FOR THE MCDOWELL MOUNTAIN JUSTICE
COURT
Pursuant to ARS §11-251(16) and the vacancy created by the resignation of Michael
Reagan, Justice of the Peace, McDowell Mountain Justice Court, consider nominations
and make an appointment to the fill the vacancy for a Justice of the Peace for the
McDowell Mountain Justice Precinct. Such appointment shall be effective September 4,
2019. (C-06-20-097-M-00)
MEETING RECESSED
Chairman Gates recessed the Board of Supervisors to convene as the Board of Directors of
various special districts.
MEETING RECONVENED
Chairman Gates reconvened the Board of Supervisors.
CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS
LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD
76.
Public comment on matters pertaining to Maricopa County government. Please limit
comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board
members may not discuss matters raised under this public comment portion of the meeting;
however, an individual Board member may respond to criticism made by those who have
addressed the Board, ask staff to review an issue raised or may ask that the matter be
placed on a future agenda. (Public comment is at the discretion of the Chairman.)
Comentarios del público sobre las materias relacionadas con el gobierno del Condado de
Maricopa. Por favor límite comentarios a dos minutos. Tenga en cuenta que de conformidad
con el Derecho de Reunión Abierta de Arizona, miembros de la Junta no podrán abordar las
cuestiones planteadas en esta parte de comentario público de la reunión, sin embargo, un
miembro de la Junta individuo puede responder a las críticas de quienes se han ocupado
de la Junta, pida al personal para examinar una cuestión planteada o puede pedir que la
cuestión se incluya en una agenda de futuro. (Comentario público es a discreción del
Presidente.)
Chairman Gates reviewed public comment etiquette.
Pam Leeds-Ragborg, resident, spoke on matters concerning Maricopa County Animal
Care and Control facility including concerns about the air conditioning, animals, staff
and volunteers.
Anita Osa, representing Lisa Laux-Johnson, read a statement on behalf of Lisa Laux-
Johnson matters concerning Maricopa County Animal Care and Control facility, animals
and volunteers including a request to reinstate volunteers.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 56 of 59
Kathleen Bau, resident and relative of two of the released volunteers, spoke on matters
concerning Maricopa County Animal Care and Control volunteers, animals, staff and
facility including commenting on some volunteers who worked especially with difficult
animals.
Adrienne Ayala, representing Rescue Community, read a statement from Lisa Locks
Johnson. She spoke on matters concerning Maricopa County Animal Care and Control
facility and volunteers including comments regarding the air conditioning.
BJ Bevins, representing Jordan Bader, Lorena Bader, Erika Edmark, spoke on matters
concerning Maricopa County Animal Care and Control facility, animals, volunteers and
staff and asked the certain volunteers be reinstated.
Marie Sprute, representing MCACC Volunteers, spoke on matters concerning Maricopa
County Animal Care and Control volunteers, staff, animals and facility recommend a
group be established to assist with some of the issues at ACC. She read a statement
on behalf of Nebula Clement regarding volunteers being scared to speak and what she
has experienced while volunteering at the shelter.
Callie Wolff, MCACC Shelter Volunteers, spoke on matters concerning Maricopa County
Animal Care and Control facility, staff, animals and asked to reinstate volunteers.
Steve Sprute, representing MCACC Volunteers, chose not to speak.
Hayley Hannigan, resident, spoke on matters concerning Maricopa County Animal Care
and Control volunteers and commented that there needed to be clarity on when
volunteers should be released.
Mackenzie Bader, representing Lorena Bader, read a statement on behalf of Lorena
Bader on matters concerning Maricopa County Animal Care and Control volunteers and
staff had concerns about a conversation taken out of context.
Mimi Slavin, resident, spoke on matters concerning Maricopa County Animal Care and
Control volunteers including showing a picture of a specific dog.
Jim Kenehan, resident, spoke on matters concerning Maricopa County Animal Care and
Control staff and animals asked for improvements in the management.
Annette Kenehan, resident, spoke on matters concerning Maricopa County Animal Care
and Control volunteers, staff and commented on the use of shelter donations.
Andrea Alden, resident, spoke on matters concerning Maricopa County Animal Care
and Control volunteers then offered support for the volunteers.
Jordan Bader, resident, spoke on matters concerning Maricopa County Animal Care
and Control volunteers, staff and animals. She voiced concern about the heat at ACC
and her private chat group.
Erika Edmark, resident, spoke on matters concerning Maricopa County Animal Care
and Control volunteers and staff. She offered specific support for the volunteers.
Elizabeth Jamrogiewicz, resident, spoke on matters concerning Maricopa County
Animal Care and Control volunteers then voiced her support of the volunteers.
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 57 of 59
Dina Riccobono, representing MCACC Volunteers, spoke on matters concerning
Orlando Animal Care and Control as well as Maricopa County Animal Care and Control.
She also thanked the Board for the Suicide Prevention Proclamation.
Gwendolyn Hjelmstad, resident, spoke on matters concerning Maricopa County Animal
Care and Control animals, facility, staff and volunteers. She voiced support for the
volunteers.
77.
SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS
Resumen de temas de actualidad de los Supervisores/Administrador del Condado
Supervisor Sellers noted his attendance at a recent Maricopa Association of
Governments Economic Development Committee meeting where presentations were
given on Smart Regions. There were speakers present from the Colorado Smart Cities
Alliance and Smart Region Consortium. The Smart Region Consortium partners with
entities such as Arizona State University and plan to hold a local region summit on
November 13, 2019 through November 15, 2019. He attended an Arizona State
University Congressional Conference on the future of water in the State of Arizona and
the presentations were encouraging on work being done. He noted Jennifer Toth,
Transportation Department Director, presented at the East Valley Partnership
Transportation Committee meeting regarding County activities and projects. He
attended the Gilbert Chamber Good Government Series where he had an opportunity to
speak with Senator McSally on getting a federal long-term plan for infrastructure in
place.
Supervisor Chucri spoke of his attendance at two recent events. He attended a meeting
with Supervisor Hickman to comment on their roles as County Supervisors as well as
their roles within their current careers. He spoke of a presentation in Mesa regarding
microbursts at the Mesa cemetery where several trees were lost. Assistance was given
to raise awareness on the importance of replacing the trees.
Chairman Gates noted the next meeting regarding the New River Area Plan would be
held at 6:30 p.m. on Monday, September 9, 2019 at Desert Mountain School located in
Desert Hills. He thanked Planning and Development staff for their work on the plan.
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
___________________________
Bill Gates, Chairman of the Board
ATTEST:
____________________________
Fran McCarroll, Clerk of the Board
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 58 of 59
FLOOD CONTROL DISTRICT AGENDA
AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES
The Board of Directors of the Flood Control District of Maricopa County, Phoenix, Arizona,
convened in Formal Session at 9:30 AM on Wednesday, September 04, 2019, in the Supervisors'
Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Bill Gates,
Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, District 1; Steve Chucri,
District 2; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria
Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel.
F-1.
DECLARE/SELL EXCESS PARCEL A PORTION OF FCD RITTENHOUSE RD-16
Pursuant to A.R.S. §48-3603, the Flood Control District requests the Board of Directors
declare as excess one (1) parcel. Conveyance documents for the sale of the parcel will be
presented to the District Board of Directors for acceptance and signature at time of sale.
Parcel information:
1. North of Rittenhouse Rd. & west of 196th Street
2. Assessor Parcel Number 304-61-032U, acreage TBD
3. Maricopa County zoning is R1-43-Queen Creek
The District utilizes its Disposition Program on all excess properties to evaluate them for the
best potential of sales or leasing, depending on current market information. The property
would be sold at market value, as determined by appraisal, unless to another agency for
public purposes, at market value without auction.
This item is located in Supervisory District #1. (C-69-20-002-8-00)
Motion to approve by Director Sellers, seconded by Director Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
F-2.
CONTRACT WITH GAVAN & BARKER INC. FOR OAK STREET DETENTION BASIN
AND STORM DRAIN PROJECT
Approve a Competition Impractical Procurement, Maricopa County Procurement Code, MCI-
351, in the amount of $150,000.00, with Gavan & Barker Inc. to perform engineering
services related to review and update the construction plans and specification for the Oak
Street Detention Basin and Storm Drain project. This Contract will be effective for 730
calendar days from the date of execution or the expenditure of $150,000.00, whichever
comes first.
Gavan & Barker Inc. developed 100% design plans for the Oak Street Detention Basin and
Storm Drain project in 2012. This procurement allows the same design team to remain in
place for the necessary updates, revisions, and completion of the bid and construction
documents for this project. The Consultant will also provide Post Design Services required
during construction. A change in design Consultants could cause project delays. Design
documents for a project of this magnitude must be precise, compatible, and consistent. The
ability to continue with the existing Consultant to complete final design documents is critical
for a timely and successful completion of the overall project. This Agenda Item impacts
Supervisorial District 2. (C-69-20-003-5-00)
Formal Meeting Minutes
Wednesday, September 04, 2019
Page 59 of 59
Motion to approve by Director Sellers, seconded by Director Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
F-3.
EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS
Approve easements and right-of-way acquisition documents, appraisal and relocation
assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions
per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License
Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements,
excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood
Control purposes. (C-06-20-092-7-00)
A.
Spookhill ADMP Basins and Channels – (C-69-15-041-8-01) – JG
Project #: 300.01.12 – FCD Parcel #: A014-006EX – APN: 219-30-011H – Special Warranty
Deed from the Flood Control District of Maricopa County to John and Natalie Hunt for the
sum of $167,000.00.
B.
Spookhill ADMP Basins and Channels – (C-69-15-041-8-01) – JG
Project #: 300.01.12 – FCD Parcel #: A014-006EX – APN: 219-30-011H – Purchase
Agreement from the Flood Control District of Maricopa County to John and Natalie Hunt.
Motion to approve by Director Sellers, seconded by Director Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
___________________________
Bill Gates, Chairman of the Board
ATTEST:
____________________________
Fran McCarroll, Clerk of the Board