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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
65
Library District
69
Stadium District
72
Board of Deposit
No Meeting
Wednesday, October 09, 2019
9:30 AM
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 2 of 73
1.
INVOCATION - INVOCACIÓN
Supervisor Chucri introduced Marci Muhlestein, Director, First Place Global Leadership
Institute Center for Education, Training and Employment. He spoke of the First Place
partnership, noted of the positive aspects of the center and the employment challenges
for those with varied disabilities. He thanked staff for their assistance in the partnership
with First Place and noted his gratitude to Ms. Muhlestein for her presence.
Ms. Muhlestein offered the Invocation.
2.
PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA
Ms. Muhlestein led the assemblage in the Pledge of Allegiance to the Flag.
Chairman Gates thanked Ms. Muhlestein for her presence.
3.
ROLL CALL - LISTA
The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at
9:30 AM on Wednesday, October 09, 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 (telephonically);
Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Ceaglske,
Minutes Coordinator; Reid Spaulding, Deputy 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 introduced Jimmy, an 8-year-old dog available for adoption. He spoke of
the difficulty in senior pet adoptions and the positives in adopting a senior pet. He noted
his gratitude to the Bissell Pet Foundation for their assistance at an upcoming Empty the
Shelters event. He also noted the scarf that Jimmy was wearing was fashioned and
donated by the Paradise Valley High School fashion class students.
Chairman Gates asked the Clerk if there were any changes to the agenda. The Clerk
announced the noted departments have requested the continuance of items 10 and 63
to October 23, 2019.
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
Chairman Gates asked the Clerk if there were any speakers for items PZ-1 through PZ-
4. There were none.
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Wednesday, October 09, 2019
Page 3 of 73
PZ-1.
OLIVE AND DYSART, LLC
Case #: MCP2016007
Supervisor District: 4
Applicant / Owner: Stephen C. Earl, Earl, Curley & Lagarde P.C. / Tierrascape
Improvement LTD
Request: Modification of Conditions to a Military Compatibility Permit (MCP2012001) to
amend condition ‘f’
Site Location: Generally located approximately 1,240’ west of the southwest corner of
Dysart Rd. and Olive Ave. in the Glendale area
Commission Recommendation: On 9/12/19, the Commission voted 6-0 to recommend
approval of MCP2016007 subject to conditions ‘a’ – ‘l’:
a. Development of the site shall be in conformance with the Narrative Report entitled “Olive
and Dysart, LLC Military Compatibility Permit”, consisting of 18 pages, dated July 13, 2012,
and stamped received July 13, 2012, except as modified by the following stipulations.
b. Uses on the subject property shall be limited to the following:
1. Outside storage (construction materials, landscape materials and farm equipment;
construction yard)
2. Railroad and rapid rail transit
3. Wholesale trade
4. Retail building materials
5. Repair services
6. Food and kindred products
7. Textile mill products
8. Apparel
9. Lumber/wood products
10. Furniture and fixtures
11. Paper and allied products
12. Printing and publishing
13. Rubber/misc. plastic
14. Stone, clay and glass products
15. Primary metal industries
16. Fabricated metal products
17. Misc. manufacturing
c. In addition to other standards established at the time of precise plan of development
approval or amendment thereto, all uses identified in condition ‘b’ shall be subject to the
following:
1. No building or structure of any kind shall exceed fifty feet in height as measured between
the existing grade to the top of the highest point of said building or structure.
2. No use shall result in the release of any substance into the air which would impair
visibility or otherwise interfere with operating aircraft such as the following:
i. Steam, dust and smoke;
ii. Direct or indirect reflective light emissions;
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iii. Electrical emission that would interfere with aircraft and air force communications or
navigational systems/aircraft equipment;
iv. The attraction of birds or waterfowl;
v. Explosive facilities or similar activities.
3. That in conjunction with the review process of a precise plan of development by
Maricopa County, the plan of development shall be administratively reviewed by a
designated representative of Luke Air Force Base.
d. The property owner shall not enter into any lease for any portion of the property, and in
no event allow any tenant to occupy any building, structure, or property unless and until
LAFB and Maricopa County mutually agree through a Use Compatibility and Consistency
Determination process that the tenant’s use is compatible and consistent with the high
noise or accident potential of LAFB. Violation of this condition shall constitute grounds for
revocation of this Military Compatibility Permit.
e. Prior to approval of the initial precise plan of development, the applicant shall provide the
Maricopa County Planning and Development Department with confirmation of approval of a
208 amendment by the MAG Regional Council, and verify that a sewer system provided by
a municipality or a private utility company will be used for waste disposal. No septic or
similar type of waste disposal system shall be used.
f. A precise plan of development shall be approved by the Board of Supervisors within
three years of approval of MCP2016007. If a precise plan of development has not been
approved within three years, this Military Compatibility Permit will be considered for
revocation by the Board of Supervisors.
g. The applicant shall submit a written report outlining the status of MCP2012001 three
years from the date of Board of Supervisors approval. The status report shall be reviewed
to determine whether the Military Compatibility Permit remains in compliance with the
approved conditions.
h. The following MCDOT condition shall apply:
1. Preserve a total half-width of 70 feet of right-of-way on Olive Ave.
i. The following Drainage Review condition shall apply:
1. All development and engineering design shall be in conformance with the Drainage
Regulation and current engineering policies, standards and best practices at the time of
application for construction.
2. Drainage review of planning and/or zoning cases is for conceptual design only and does
not represent final design approval nor shall it entitle applicants to future designs that are
not in conformance with the Drainage Regulation and design policies and standards.
j. All development standards and design criteria, including any amenity and enhancement
guidelines, shall be established at the time of precise plan of development or amendment
thereto. All precise plans of development or amendments thereto shall be approved by the
Board of Supervisors.
k. Changes to any use or condition approved by the Board of Supervisors shall be
processed as a revised application and be subject to approval by the Board of Supervisors.
Revised applications shall be in accordance with the applicable zoning and other
regulations in effect at the time of amendment application. Non-compliance with the
approved Military Compatibility Permit, including the narrative report, maps, exhibits, or
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approved conditions constitutes a violation in accordance with the Maricopa County Zoning
Ordinance.
l. 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 and stipulations. It is, therefore, stipulated and agreed
that revocation due to the failure to comply with any conditions or stipulations, 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. The Military Compatibility Permit
enhances the value of the property above its value as of the date the Military Compatibility
Permit is granted and reverting to the prior zoning results in the same value of the property
as if the Military Compatibility Permit had never been granted. (C-44-20-012-M-00)
Motion to concur with the Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘l’ by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
PZ-2.
WESTWING INDUSTRIAL PARK
Case #: Z2019018
Supervisor District: 4
Applicant / Owner: Shaine Alleman, Tiffany & Bosco / WestWing Business Park, LLC
Request: Zone Change from Rural-43 to IND-2 IUPD
Site Location: Approx. 2,500’ east and 500’ north of the northeast corner of Loop 303 and
El Mirage Rd. alignment in the Peoria area
Commission Recommendation: On 9/12/19, the Commission voted 6-0 to recommend
approval of Z2019018 subject to conditions ‘a’ – ‘f’:
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “WestWing Business Park”, consisting of two full-size sheets, dated August 20,
2019, and stamped received August 23, 2019, except as modified by the following
conditions. The applicant shall provide a revised zoning exhibit within 30 day of Board
approval with changes to the IUPD standards.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “WestWing Industrial Park”, consisting of 17 pages, dated August 21, 2019, and
stamped received August 23, 2019, except as modified by the following conditions. The
applicant shall provide a revised narrative report within 30 day of Board approval with
changes to the IUPD standards.
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 entitlement.
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2. 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.
3. Concurrent with the application for building permits, El Mirage Road improvements will
be required. The owner/applicant must coordinate with MCDOT to determine requirements
(right-of-way dedication and improvements) for the extension of El Mirage Road north of
the 303; including access to the site from El Mirage Road that will most likely require a
bridge over the McMicken Dam Outlet Wash. Ownership/maintenance of the access road
must be coordinated.
4. Access to the site from the extended El Mirage Road will impact regulated Special Flood
Hazard Areas (McMicken Dam Outlet Wash). In addition to floodplain use permitting, ROW
permitting will be required by the Flood Control District concurrent with application(s) for
building permits.
5. Access to the site will be limited to one location (from the west off a proposed extension
of El Mirage). The owner/applicant must coordinate with an emergency services provider to
develop suitable access (internal and external) that will provide adequate emergency
service accessibility to/within the site. A will serve letter, that includes an approval of the
emergency access design to and within the site, must be provided with the Plan of
Development.
6. This recommendation in no way approves any access to 119th Avenue.
d. The following IND-2 IUPD standards shall apply:
1. Height: 60’ or 40’ adjacent to rural or residentially zoned properties. Building height may
increase by 1’ for each 3’ of additional setback to a maximum height of 60’.
2. Front yard: 0’ for internal lots adjacent to industrial zoned properties, 25’ adjacent to rural
or residential zoned properties
3. Side yard: 0’ for internal lots adjacent to industrial zoned properties, 5’ adjacent to rural
or residential zoned properties
4. Rear yard: 0’ adjacent to industrial zoned properties, 20’ adjacent to rural or residential
zoned properties
5. Parking for proposed indoor self-storage/RV Storage Uses: 18 standard parking spaces
(Identified on 17.81 acres).
6. Screening: The IND-2 IUPD would allow for chain link fencing adjacent to the SRP
substation parcels (503-53-024H and 503-53-023H) along the northern perimeter.
7. Screening: Industrial outdoor use shall be enclosed to height of not less than 6’ with
walls, fencing or any view obscuring material. Storage materials shall not exceed the height
of the enclosure.
8. Directory Signs: Maximum sign area of 24 sq. ft. and shall not exceed 8’ (h)
9. Directional Signs: Maximum sign area of 12 sq. ft.
10. Wall Signs:
a. The total aggregate area of all wall signs on a property shall not exceed fifteen percent
(15%) of one (1) face/plane of a single/multi-tenant building, or wall plane of an individual
business frontage where more than one (1) tenant occupies the building.
b. Face plane is measured as a vertical plane from the ground to top of parapet or eave
line of pitched, or mansard roof. Where a parapet is behind a hip roof, shall follow the eave
line.
If a property has multiple buildings, the property owner may choose which building face
plane is used to calculate aggregate sign area.
11. Freestanding Sign including Center Identification Signs:
1. Freestanding Signs shall be subject to the following development standards:
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1. One (1) freestanding sign shall be allowed oriented and located adjacent to the Loop
303 Freeway subject to the following:
a. Not exceed sixty (60) feet in height.
b. Shall not exceed two hundred fifty (250) square feet in sign area per face.
c. Shall not be included in the calculation of the total number of other freestanding signs
outlined below and/or wall signs permitted.
d. Minimum separation: 200 feet separation from any other freeway freestanding sign or
off-site advertising sign.
e. 50’ from non-freeway lot lines, 200’ from rural or residentially zoned properties.
f. No EMDs allowed with freeway freestanding sign.
g. Base of sign must be at least 35% of the full sign width.
2. All other freestanding signs shall comply with the following development standards:
a. Shall not exceed one hundred fifty (150) square feet in sign area.
b. Shall comply with the following height standards:
1. Not exceed twenty-four (24) feet provided:
a. Any signs within one-hundred (100) feet of a Rural or Residential zone, unless
developed for non-residential use, shall not exceed twelve (12) feet in height. However, for
each five (5) feet beyond the one-hundred (100) feet, the maximum may increase one (1)
foot to the maximum height of twenty-four (24) feet.
c. May be a moving, rotating or revolving sign, but no sign shall rotate faster than seven (7)
revolutions per minute.
Note: Remaining allowed standards of Industrial signage that are not shown here shall
remain.
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
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-44-20-013-M-00)
Motion to concur with the Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘f’ by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
PZ-3.
HORSPITALITY RV RESORT
Case #: Z2019056
Supervisor District: 4
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Applicant / Owner: Paul M. & Janice M. Sullivan
Request: Modification of Conditions to a Special Use Permit (Z2003066) to amend
condition ‘i’
Site Location: Generally located on the US-60 1/3 mile south of the Town of Wickenburg
jurisdictional limits
Commission Recommendation: On 9/12/19, the Commission voted 6-0 to recommend
approval of Z2019056 subject to conditions ‘a’ – ‘o’:
a. Development and use of the site shall be generally consistent with the site plan entitled
“Reinstatement of Special Use Permit Horspitality RV Park”, consisting of four (4) full-size
sheets, dated revised April 24, 2004, stamped by the Civil Engineer April 24, 2004, and
stamped received August 10, 2004, except as modified by the following stipulations.
b. Development and use of the site shall be generally consistent with the narrative report
entitled “Request for Special Use Permit for Existing Recreational Vehicle Park Horspitality
RV Park and Boarding Stables”, consisting of nine (9) pages plus attachments, stamped
received August 10, 2004, except as modified by the following stipulations.
c. One of the parking spaces serving the clubhouse shall be retrofitted to meet current ADA
requirements.
d. The facility shall comply with all applicable federal and state laws regarding groundwater
use.
e. Plans and specifications for the new sewer line connecting spaces 1A-7A to the existing
septic system must be submitted to Maricopa County Environmental Services Department,
under application and fee, for review and approval prior to construction of the sewer line.
f. The following Flood Control District stipulations shall be met:
i. A Floodplain Use Permit shall be required for any development within the floodplain. No
development is allowed within the floodway that would impede stormwater flows.
ii. No structure, excavation or fill material, deposit, obstruction, storage of material or
equipment or other uses shall be permitted which alone or in combination with existing or
future uses, in the opinion of the Floodplain Administrator, would cause an increase in the
base flood elevations or flood damage potential.”
iii. The existing RV spaces located outside the delineated 100-year floodway appear to be
acceptable, and their use may continue. Any RVs permanently or semi-permanently placed
will need to be elevated above the Base Flood Elevation (BFE). Proposed spaces 82 – 88
are located in close proximity of the Wash “O” Tributary Floodway (1,955 cfs).
Development (if viable) of permanent structures may require bank stabilization/erosion
protection. The permanent structures would be required to have a finished floor at a
minimum of two (2) feet above the base flood elevation.
g. No vendor activity shall be allowed along the highway frontage.
h. Lighting shall comply with Article 1112 of the Maricopa County Zoning Ordinance.
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i. This Special Use Permit shall expire 15 years from the date of Board of Supervisors
approval of Z2019056 or upon termination of the use, whichever occurs first. All of the site
improvements shall be removed within 60 days of such termination or expiration.
j. The applicant shall submit a written report outlining the status of the development at the
end of two (2) years from the date of approval by the Board of Supervisors and every five
(5) years thereafter. The status report shall be reviewed by staff to determine whether the
Special Use Permit remains in compliance with the approved stipulations. If staff deems
the status report to be unacceptable, the status report may be forwarded to the
Commission for further review and action.
k. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of Transportation or the
Flood Control District of Maricopa County may be grounds for initiating a revocation of this
Special Use Permit as set forth in the Maricopa County Zoning Ordinance.
l. Non-compliance with the conditions of approval will be treated as a violation in
accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the
conditions of approval may be grounds for the Commission to take action in accordance
with the Maricopa County Zoning Ordinance.
m. Major changes to this Special Use Permit (the site plan and narrative report) shall be
processed as a revised application in the same manner as the original application, with
final determination made by the Board of Supervisors following recommendation by staff
and the Planning and Zoning Commission. Minor changes may be administratively
approved by staff of the Planning and Development Department.
n. The applicant shall consolidate Parcels 1, 2 and 3 as shown on the site plan referenced
in stipulation “a” into a single parcel under common ownership.
o. For RVs placed in the floodplain, the Owner/Applicant must comply with Section 601.A-
15 of the Floodplain Regulations for Maricopa County (FRMC) as follows:
1. RVs shall be on-site for fewer than 180 consecutive days and be fully licensed and ready
for highway use. An RV ready for highway use shall be on wheels or a jacking system, is
attached to the site only by quick disconnect type utilities and security devices, and has no
permanently attached additions; or
2. Obtain a Floodplain Use Permit in accordance with Article 4 of the FRMC and meet the
elevation and anchoring requirements for manufactured homes in Section 601 of the
FRMC. (C-44-20-014-M-00)
Motion to concur with the Planning Commission recommendation for approval subject to
conditions ‘a’ through ‘o’ by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
PZ-4.
MERRILL GARDENS ANTHEM COTTAGES
Case #: Z2019058
Supervisor District: 3
Applicant / Owner: Pew and Lake, PLC / Merrill Gardens at Anthem, LLC
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Request: Modification of Condition ‘d’ of SUP Z2017130 and Modification of Condition ‘h’ of
SUP Z2014082 in the R1-8 RUPD zoning district
Site Location: Generally located 1,100’ southeast of the SEC of Daisy Mountain Dr. and
Meridian Dr. in the Anthem area
Commission Recommendation: On 9/12/19, the Commission voted 6-0 to recommend
approval of Z2019058 subject to conditions ‘a’ – ‘f’ of Z2017130 and conditions ‘a’ – ‘l’ of
Z2014082:
Z2017130
a. Development of the site shall comply with the Site Plan entitled “Merrill Gardens at
Anthem Cottages“, consisting of 26 full-size sheets, stamped received September 20,
2018, except as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Project Name: Merrill Gardens at Anthem Cottages”, consisting of eleven (11) pages,
stamped received September 20, 2018 except as modified by the following conditions.
c. The following Planning Engineering comments shall apply:
1. The Drainage Waiver DRB2018002 must be approved.
2. Any construction (driveway, utilities, etc.) within Meridian Road Right-of-Way will require
a Maricopa County Department of Transportation (MCDOT) Right-of-Way Permit.
d. The following R1-8 deviation shall apply:
1. Up to 5’ CMU wall within the front yard setback.
e. The Following Daisy Mountain Fire Department conditions shall apply:
1. Access roadways, fire line and hydrant placement and fire protection sprinklers per
NFPA13 are compliant with the Fire Codes.
2. A fire alarm system per NFPA 72 will be required for I-1 occupancies.
3. Plans must be submitted for final approval and permitting for the fire hydrants, fire
sprinklers, fire alarm and building construction drawings for review for fire life safety prior to
the C of O inspections.
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,
and at the time of expiration of the Special Use Permit, 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, or the expiration of the
Special Use Permit, 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 or
expiration of the Special Use Permit. The Special Use Permit enhances the value of the
property above its value as of the date the Special Use Permit is granted and reverting to
the prior zoning results in the same value of the property as if the Special Use Permit had
never been granted.
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Z2014082
a. Development of the site shall comply with the Site Plan entitled “Merrill Gardens at
Anthem“, consisting of six (6) full-size sheets, stamped received December 19, 2014,
except as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Project Name: Merrill Gardens at Anthem”, consisting of sixteen (16) pages, stamped
received December 19, 2014 except as modified by the following conditions.
c. Development of the site shall be in conformance with the Landscaping Plans entitled
“Landscape Plan”, consisting of three (3) full-size sheets, stamped and received December
19, 2014, except as modified by the following conditions.
d. The following Drainage Plan Review conditions shall apply:
1. The Drainage Waiver submitted under DRB2014004 must be approved.
2. At the time of application for building permits, stabilization of the emergency spillway
outlet area shall be further evaluated.
3. At the time of application for building permits, the storm drain calculations must be
revised to use a minimum time of concentration of 5 minutes at the upstream limit.
4. Drainage review of planning and/or zoning cases is for conceptual design only and does
not represent final design approval nor shall it entitle applicants to future designs that are
not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the
Maricopa County Drainage Policies and Standards.
5. All development and engineering design shall be in conformance with Section 1205 of
the Maricopa County Zoning Ordinance and current engineering policies, standards and
best practices at the time of application for construction.
6. An updated Drainage Report and detailed Grading and Drainage Plans showing the new
site improvements must be submitted for the acquisition of building permits.
e. The following Maricopa County Department of Transportation (MCDOT) review condition
shall apply:
1. At the time of application for building permits, the right-of-way line along W. Meridian
Drive must be clearly indicated. Any work, including grading and landscaping, within the
right-of-way of W. Meridian Drive will require permit(s) from MCDOT.
f. The following Maricopa County Environmental Services Department (MCESD) review
conditions shall apply:
1. Development and engineering design shall be in conformance with the Maricopa County
Stormwater Quality Management and Discharge Control Regulation. The owner/developer
shall prepare a Storm Water Pollution Prevention Plan (SWPPP) and obtain approval by
MCESD prior to construction. (A separate submittal to MCESD is required.) Upon
completion of construction, the owner shall fulfill MCESD requirements and obtain a post-
construction stormwater permit.
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2. The site plan shall contain a note designating the entity responsible for operation and
maintenance of the on-lot stormwater management facilities consistent with an approved
operation and maintenance plan.
g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
h. Development of the site shall be in compliance with all applicable Maricopa County Air
Quality rules and regulations.
i. Amendments to the site plan and narrative report shall be processed as a revised
application in accordance with Maricopa County Zoning Ordinance Article 304.9.
j. Noncompliance with the conditions of approval will be treated as a violation in
accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the
conditions of approval may be grounds for the Planning and Zoning Commission to take
action in accordance with Chapter 3 (Conditional Zoning).
k. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of Transportation,
Drainage Review Division, Planning and Development Department, or the Flood Control
District of Maricopa County may be grounds for initiating a revocation of this Special Use
Permit as set forth in the Maricopa County Zoning Ordinance.
l. 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. (C-44-20-
016-M-00)
Motion to concur with the Planning Commission recommendation for approval subject to
conditions ‘a’ – ‘f’ of Z2017130 and conditions ‘a’ – ‘l’ of Z2014082 by Supervisor
Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
REGULAR AGENDA - AGENDA REGULAR
PZ-5.
THE ELEMENT ON EUCLID
Case #: Z2019052
Supervisor District: 5
Applicant / Owner: Tiffany & Bosco P.A. / Ernest Linsenmeyer
Request: Zone Change from Rural-43 to R1-6 RUPD
Site Location: Generally located at the northwest corner of 43rd Ave. and Euclid Ave. in the
Laveen area
Commission Recommendation: On 9/12/19, the Commission voted 6-0 to recommend
approval of Z2019052 subject to conditions ‘a’ – ‘g’:
a. Development of the site shall comply with the Zoning Exhibit entitled “The Element on
Euclid“, consisting of one (1) full-size sheet, dated July 9 ,2019, and stamped received July
10, 2019, except as modified by the following conditions.
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Wednesday, October 09, 2019
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b. Development of the site shall comply with the Narrative Report entitled “The Element on
Euclid”, consisting of 13 pages, dated July 10, 2019, and stamped received July 10, 2019,
except as modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. A traffic impact study must be submitted with the preliminary plat application.
2. Dedication of right-of-way along Euclid Avenue of 20 feet (to provide a total width of 50
feet) and along 43rd Avenue of 55 feet (ultimate half-width). Note that the above widths are
considered minimum widths. Additional dedication may be required pending improvements
that may be required by the Maricopa County Department of Transportation approved
Traffic Impact Study.
3. The preliminary plat application must indicate the realignment of Euclid Avenue west of
43rd Avenue to better align with Euclid Avenue on the east side of 43rd Avenue. Any
associated right-of-way required to accomplish this realignment must be dedicated as part
of the subdivision plat.
d. The following R1-6 RUPD standards shall apply:
1. Minimum lot area of 4,600 square feet
2. Minimum lot width of 40 feet
3. Maximum lot coverage of 60%
4. Minimum rear yard setbacks of 20 feet
5. Minimum front yard setbacks of 18 feet for front facing garages
and 15 feet to livable or side loaded garages
e. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6 and
A.R.S. § 11-814 for five (5) years for the initial phase and additional five (5) years for each
subsequent phase, within which time the subdivision infrastructure permit for each phase
must be obtained.
f. Prior to the issuance of residential construction permits, the applicant shall provide
Maricopa County Planning and Development Department with an executed pre-annexation
or service agreement with the City of Phoenix that identifies the provision of water and
sewer service. In lieu of pre-annexation or service agreement, the developer must provide
a ‘will serve’ letter from the certificated water and sewer provider(s).
g. 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. (C-44-20-015-M-00)
The Clerk announced she received six speaker forms and 63 letters in opposition.
This case is located in District 5. Matt Holm, Planning and Development Staff, provided
an overview of the case indicating that it was near the corner of 43rd Avenue and Euclid
Ave in Laveen. The request is to rezone from Rural-43 to R1-6 RUPD involving
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Wednesday, October 09, 2019
Page 14 of 73
approximately 22 acres. The reason for an overlay is that it provides for variances in lot
sizes etc. The purpose is to accommodate a new subdivision. Staff had received a
number of letters of opposition which centered on lot size and density which may be
incompatible with the nearby Rural 43 properties. However, the properties to the east
and west of this project have similar densities. A calculation on the number of
opposition letters or emails has triggered the super majority of the Board of Supervisor
for passage of this case. The Planning Commission did vote unanimously to
recommend approval of this request subject to the stated conditions.
Ashley Marsh, representing the applicant came forward to add some comments to the
staff presentation. This is a proposed infill development on a county island. She
provided slides of the site and the surrounding areas. Ms. Martin pointed out several
items the developer has included in the plans including a large buffer to the north
between this development and single family homes to the north and continuing buffers
especially on the east and south borders. This is designed to be an affordable quality
housing project including trails on the north and south with inner connectivity within the
development.
The Developer followed the County guidelines in sending out appropriate notices and
posting notice in the area and to community members. The feedback they received
mainly dealt with density and lot size.
In response to a question from Supervisor Gallardo, Jen Pokorski responded that a
traffic study is required as one of the conditions before the development begins. They
would need to account for any traffic increase and then make any necessary
improvements to roads and intersections. They are also having to do some alignment
on Euclid so there will be some traffic safety improvements with this development.
Supervisor Gallardo also commented that some residents in Laveen stated that the lot
sizes were not consistent with the area. He asked Ms. Pokorski to comment on that
which she did saying that these are several nearby areas with very similar lot sizes
giving examples of several nearby by development statistics. This is not section 8
housing, but it does fit within the FHA housing limits so that it is accessible to a teacher
or police office, but it is market rate housing.
Supervisor Gallardo asked about Section 8 housing and if there was some demarcation
to identify a Section 8 dwelling. Ms. Pokorski responded that there are Section 8 homes
throughout the County and there is no marking or way to identify such a dwelling in a
neighborhood. There are no outward differences.
Chairman Gates indicated that three attendees had submitted slips indicating that they
were in favor of the rezoning request but did not wish to speak – David White, Jordan
White and Brian Dellis.
The Chairman then called on David Borge to comment on the item. Mr. Borge indicated
that he was in opposition and that his property was adjacent to this proposed project.
He stated that the original zoning in the area was for ½ acre lots directly behind his
home. He commented that he did not receive a notice of this proposal, nor was he
invited to a meeting regarding the requested change.
Mr. Borge also voiced the following concerns:
The applicant has avoided the Laveen planning committee
There are three schools close to this area
The school pick-up and drop-off causes a lot of traffic already
Concern about increased crime as the post office was broken into recently
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Wednesday, October 09, 2019
Page 15 of 73
This area is a County island, not within a city
This is an area serviced by the County Sheriff – calls can take ½ hour in
response
The houses to the north and the south are large acre lots
Ms. Pokorski responded that the area does not have to be annexed into Phoenix, but
Phoenix will provide a “will-serve letter” to receive water and sewer and could provide
services through mutual aid agreements.
Mr. Hertel came forward to speak I opposition. He stated that every single adjacent
homeowner signed a petition in opposition. He commented that he has been part of the
Laveen Planning committee, and been involved in planning in the Laveen area for
several years.
He felt this project was not consistent with the planning in Laveen. There are several
areas in Laveen for affordable housing which have been sited along transportation
routes. There is no bus on 43rd Avenue. This area was planned to be a rural area.
They actual could annex into the City of Phoenix. He felt that the area would ultimately
annex into Phoenix based on some services they would need. Mr. Hertel commented
that original planning for the area included 70ft wide lots to be a buffer for the area.
Regarding traffic, Mr. Hertel commented that it has been a problem in this area. Doing
a traffic study after this initial approval seems backwards a there is already a problem.
There is even a concern that the buffer to the north may turn into an alleyway which
many consider to be worse than simply fence to fence. Mr. Hertel specifically objected
to the addition of an overlay as it provides additional variances.
Mr. Hertel agreed that there was a need for this type of housing in Laveen and he felt
that the planning efforts had already designated certain areas more suited to this. He
felt the designation should be R1-18 or R1-10 without the overlay. This development is
in the heart of the planning for the rural area.
There was some discussion about the size of lots in the areas surrounding this
proposed site. Mr. Hertel reiterated that he was not in favor of the overlay and felt the
zoning should be no less then R1-10.
Ashley Marsh returned to the podium to respond to some of the comments. She stated
that the 40-wide type of development was prevalent around the valley naming several.
The 202 freeway has transformed the area. There are additional future developments
planned including the hospital campus with coming doctor’s offices. Ms. Marsh
provided slides showing maps of some similar housing projects in the general area,
some with more density. The north buffer is designed to provide a bit of space for the
homes to the north. She also explained that the traffic study has already been done
with McDot.
Supervisor Gallardo commented that his staff in working with this applicant has some
additional conditions to consider. Ms. Pokorski mentioned that some additional
conditions could be added such as limiting certain 2-story homes along certain
boundaries. She asked if Ms. Marsh could address the concern regarding the north
buffer that it might not be welcomed by the neighbors a there could be concerns about
graffiti and trash in that area.
Ms. Marsh responded that this would be an HOA maintained area, so it should not be a
concern. The walking trails are also HOA maintained areas.
Formal Meeting Minutes
Wednesday, October 09, 2019
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Supervisor Gallardo stated that these types of zoning cases can be difficult. He
explained that he has been in the Laveen area many times. The 202 freeway is
changing the area. One of the main calls he receives is the need for affordable housing,
especially for young professionals.
Supervisor Gallardo read some additional stipulations to be included in this item.
1.
The Developer shall include an 80-foot open space buffer that includes a trail on
the northern perimeter of the property that will be maintained by the Homeowner
Association.
2.
The Developer shall provide an open space buffer that includes a trail on the
southern perimeter of the property that will be maintained by the Homeowner
Association.
3.
Half of the lots along the northern perimeter of the property shall be limited to
single-story homes, with no more than two, two-story homes built adjacent to
each other.
4.
The developer shall provide a minimum of 20% open space.
Motion was made by Supervisor Gallardo to concur with the Planning Commission
recommendation for approval subject to conditions ‘a’ through ‘g’ with the Board
amendment of 4 additional conditions (later designated as h.-k.):
(Clerk’s note: The conditions were added to the approved item with letter designations
in the following order:
h. Half of the lots along the northern perimeter of the property shall be limited to single-
story homes, with no more than two, two-story homes built adjacent to each other.
i.
The developer shall provide an 80-foot open space buffer that includes a trail on the
northern perimeter of the property that will be maintained by the homeowner
association.
j.
The developer shall provide an open space buffer that includes a trail on the
southern perimeter of the property that will be maintained by the homeowner
association.
k. The developer shall provide a minimum of 20% open space.)
Motion was seconded by Supervisor Sellers.
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
STATUTORY HEARINGS - AUDIENCIAS LEGALES
Chairman Gates asked the Clerk if there were any speakers for items 5.a. through 5.h.
There were none.
Clerk of the Board - Secretaria de la Junta
5.
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.
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 17 of 73
a.
SPECIAL EVENT LICENSE FOR GILBERT PROMOTIONAL CORPORATION
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Edward Clark Musgraves for Gilbert Promotional Corporation at 26601
South Val Vista Drive, Gilbert, Arizona 85298 to be held on the following dates and
times: (Supervisorial District 1) (C-06-20-144-L-00)
Friday, November 22, 2019 from 4:00 pm to 10:00 pm
Saturday, November 23, 2019 from 12:00 pm to 10:00 pm
Sunday, November 24, 2019 from 12:00 pm to 6:00 pm
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
b.
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
Saturday, November 9, 2019 from 12:00 pm to 5:00 pm. (Supervisorial District 3) (C-
06-20-145-L-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
c.
SPECIAL EVENT LICENSE FOR THEATRE WEST
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Frances P. DeWell for Theatre West at 14401 R.H. Johnson Boulevard, Sun
City West, Arizona 85375 to be held on Friday, October 25, 2019 from 6:00 pm to
10:30 pm. (Supervisorial District 4) (C-06-20-149-L-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
d.
SPECIAL EVENT LICENSE FOR CREIGHTON COMMUNITY FOUNDATION
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Jeff Brent Boles for Creighton Community Foundation at 1901 North Alma
School Road, Mesa, Arizona 85201 to be held on the following dates and times:
(Supervisorial District 1) (C-06-20-155-L-00)
Thursday, October 10, 2019 from 7:00 pm to 11:00 pm
Friday, October 11, 2019 from 7:00 pm to 12:00 am
Saturday, October 12, 2019 from 7:00 pm to 12:00 am
Sunday, October 13, 2019 from 7:00 pm to 11:00 pm
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 18 of 73
e.
SPECIAL EVENT LICENSE FOR SOUTHWEST WILDLIFE CONSERVATION
CENTER
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Michael Patrick Nolan for Southwest Wildlife Conservation Center at
McDowell Mountain Regional Park at 16300 McDowell Mountain Park Drive,
Scottsdale, Arizona 85268 to be held on the following dates and times:
(Supervisorial District 2) (C-06-20-157-L-00)
Friday, October 25, 2019 from 5:00 pm to 10:00 pm
Saturday, October 26, 2019 from 9:00 am to 2:00 am.
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
f.
SPECIAL EVENT LICENSE FOR ARIZONA YOUTH BASEBALL
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Lou S. Klimchock for Arizona Youth Baseball at 1901 North Alma School
Road, Mesa, Arizona 85201 to be held on the following dates and times:
(Supervisorial District 1) (C-06-20-156-L-00)
Wednesday, October 23, 2019 from 7:00 pm to 12:00 am
Thursday, October 24, 2019 from 7:00 pm to 12:00 am
Friday, October 25, 2019 from 7:00 pm to 1:00 am
Saturday, October 26, 2019 from 11:00 am to 1:00 am
Sunday, October 27, 2019 from 11:00 am to 12:00 am
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
g.
SPECIAL EVENT LICENSE FOR ARIZONA YOUTH BASEBALL
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Lou S. Klimchock for Arizona Youth Baseball at 1901 North Alma School
Road, Mesa, Arizona 85201 to be held on the following dates and times:
(Supervisorial District 1) (C-06-20-158-L-00)
Tuesday, October 29, 2019 from 7:00 pm to 12:00 am
Wednesday, October 30, 2019 from 7:00 pm to 12:00 am
Thursday, October 31, 2019 from 7:00 pm to 1:00 am
Friday, November 1, 2019 from 7:00 pm to 1:00 am
Saturday, November 2, 2019 from 11:00 am to 12:00 am
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 19 of 73
h.
PERMANENT
EXTENSION
OF
PREMISES/PATIO
FOR
SHIPROCK
AT
SAGUARO LAKE
Pursuant to A.R.S. § 4-207.01, approve an application filed by Jeffrey Craig Miller
for a Permanent Extension of Premises/Patio of a Series 12 & 7 Liquor License for
ShipRock at Saguaro Lake at 14011 North Bush Highway, Mesa, Arizona 85215.
(Supervisorial District 2) (C-06-20-150-L-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Chairman Gates asked the Clerk if there were any speakers for items 6 through 8.
There were none.
6.
PUBLIC SERVICE FRANCHISE – NEW CINGULAR WIRELESS PCS, LLC DBA AT&T
MOBILITY
Pursuant to A.R.S. §40-283, convene the scheduled public hearing, to solicit comments
and consider the application by New Cingular Wireless PCS, LLC dba AT&T Mobility, for a
public service franchise to construct, maintain and operate a wireless telecommunication
system to the residents in the vicinity of 16th Street and Circle Mountain Road residing in
Maricopa County. The hearing will also consider whether the applicant is able to
adequately maintain facilities in county rights-of-way. Upon Board approval, authorize the
Chairman to sign the Franchise Resolution. (Supervisory District No. 3). (C-06-20-058-7-
01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
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. A658
Convene a hearing for Road File No. A658 to Open and Declare the following
described alignment into the County Transportation System.
Therefore, pursuant to provisions in 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. A658.
Legal description is identified as Exhibit "A.”
In addition, direct the Clerk of the Board to record the Board of Supervisors
resolution with the County Recorder.
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Wednesday, October 09, 2019
Page 20 of 73
(General Vicinity: Verrado Way and MC 85 and in Unincorporated Maricopa County.
Supervisory District No. 4) (C-64-20-050-M-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
8.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0099
Convene a hearing for Road File No. PAB-0099 to consider the request to abandon a
portion of a Federal Patent Easement Number #1149650 lying in the Southeast quarter of
Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona
General vicinity of intersection, and known as Assessor Parcel 210-09-004A. 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-0099.
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-64-20-011-M-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
AGENCY ITEMS AND STATUTORY MATTERS
ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS
COUNTY OFFICERS - OFICIALES DE CONDADO
Clerk of the Board - Secretaria de la Junta
9.
APPOINTMENT OF A BOARD OF TRUSTEES FOR SOUTHLAND UNIT I & II IWDD NO.
11
Approve the appointment of David Montelongo, Antonia Ortiz and Adrian Montes to serve
as the Board of Trustees for the Southland Unit I & II IWDD No. 11.
This action will reactivate a Board of Trustees for the district which has been unable to deal
with repairs to the irrigation system due to the lack of a quorum of Board members. The
district has sufficient funds in their account with the County Treasurer’s Office; however,
the funds cannot be accessed without a proper Board of Trustees. Consequently, SRP is
unable to deliver water because the disrepair of the district irrigation system. (C-06-20-129-
M-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 21 of 73
County Attorney - Procurador del Condado
10.
AMENDMENT TO AGREEMENT WITH PHOENIX CHILDREN’S HOSPITAL
Approve an amendment to the agreement with Phoenix Children’s Hospital on behalf of the
Maricopa County Attorney to aid in the investigation and possible prosecution of child
physical abuse, child sexual assault and sexual abuse matters involving minors. The terms
of this amendment become effective upon approval of the Board of Supervisors and shall
continue until the expiration of the original agreement unless otherwise extended. Phoenix
Children’s Hospital maintains and is willing to provide professional healthcare providers,
staff, personnel, knowledge and expertise in the medical evaluation and examination in
cases of child sexual abuse and sexual abuse and in records review in cases of suspected
child physical abuse. Authorize the Chairman to sign any and all documents related to this
action.
The original agreement was approved by the Board of Supervisors April 12, 2017 under
Agenda C-19-17-045-M-00. All other terms remain in effect unless otherwise extended or
amended. Authorize the Chairman to sign any and all documents related to this action.
The Maricopa County Attorney’s Office (MCAO) will reimburse Phoenix Children’s Hospital
at rates outlined in “Attachment C: Compensation and Reimbursement” for services under
this agreement. These services are vital to the investigation and prosecution of child
physical abuse, child sexual assault and sexual abuse matters involving minors. (C-19-17-
045-M-01)
The Clerk announced that the item was withdrawn by the department and continued to
October 23, 2019.
11.
GRANT FROM US DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
BUREAU OF JUSTICE ASSISTANCE
Approve receipt of grant funds from the U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance through the Innovative Prosecution Solutions for
Combatting Violent Crime program in the amount of $296,164. This grant agreement will
commence on October 1, 2019 and terminate on September 30, 2021. Authorize the
Chairman to sign all documents related to these grant funds, as applicable.
The grant does not allow for indirect costs for which the County is eligible. The Maricopa
County Attorney's Office's composite indirect cost rate for FY20 is 15.8%, or $46,793.91.
The recoverable indirect cost of administering this grant is $0; the non-recoverable indirect
cost is $46,793.91. Non-recoverable indirect costs will be covered by the departmental
general fund budget. This grant is a one-time, competitive grant and does not require a
match or on-going cash contributions after the grant period end date. This grant supports
the overall mandated service of prosecution of felony offenders in Maricopa County.
Pursuant to A.R.S. §42-17106, approve appropriation adjustment(s) resulting in a net
increase to revenue and expenditures of $108,319.00 in FY 2019-2020 County Attorney
(D190) Grants Fund (219) Operating (OPER) budget. Grant revenues are not local
revenues for the purpose of the constitutional expenditure limitation, and therefore,
expenditure of these revenues is not prohibited by the budget law. This request does not
alter the budget constraining the expenditures of local revenues duly adopted by the Board
pursuant to A.R.S. §42-17105.
The Maricopa County Attorney’s Office (MCAO) currently partners with the City of Phoenix
Crime Gun Intelligence Center (CGIC) and the Bureau of Alcohol, Tobacco, Firearms, and
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 22 of 73
Explosives (ATF) to help combat the increase of violent crimes by linking shell casings in
the National Integrated Ballistics Information Network (NIBIN). As CGIC cases are often
multi-jurisdictional, multi-incident cases, the need for specialized legal support and criminal
intelligence analysis is considerable. To ensure public safety, MCAO is using a
comprehensive and collaborative approach involving law enforcement and prosecution that
targets violent offenders supported by these grant funds. (C-19-20-018-G-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Sheriff - Alguacil
12.
EXEMPTION FROM COUNTY MARKINGS AND ISSUANCE OF NON-GOVERNMENTAL
LICENSE PLATES
Approve an exemption from County markings and issuance of non-governmental license
plates per A.R.S. § 38-538.03 for vehicle 311901. This is a new vehicle going into service
that will be used for multiple purposes in the Sheriff’s Lakes Division some of which require
exemption from markings for the safety of the officers and success of the mission.
Upon approval of this agenda item, vehicle information including year, make, model and
vehicle identification number will be provided to the Clerk of the Board. (C-50-20-017-V-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
13.
COMPETITION IMPRACTICABLE WITH BELL HELICOPTER AND APPROVAL OF
TRADE-IN OR SALE
Approve a competition impracticable with Bell Helicopter in the amount of $8,450,969 to
purchase a twin-engine rescue helicopter. This item was funded in the Sheriff’s FY 2020
non-recurring appropriation to be used primarily for search and rescue.
MCSO Aviation currently operates two Bell 407 helicopters. Staying with the same make of
helicopter is expected to result in cost savings and efficiencies. The savings come through
maintenance, parts and pilot/ aviation mechanic training.
Manufacturer consistency helps with standardization of maintenance schedules, avionics
platforms, mechanic familiarization, parts, pilot training and pilot familiarization of cockpit
layout. A second manufacturer’s make and model aircraft would require many changes in
tools and parts and new training for pilots and mechanics.
Also approve the trade-in of the County Bell 407, serial 53214, N905MC helicopter for
$800,000 or the outright sale to another party if it is determined to be more lucrative. In the
case of a sale, proceeds will be applied to offset the cost of the new helicopter.
The helicopter acquisition is anticipated to cost $10.8 million, which includes $3,068,499 in
parts, accessories, installation, and training. (C-50-20-018-3-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Supervisor Hickman asked if the Board would be informed of a more lucrative offer.
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Wednesday, October 09, 2019
Page 23 of 73
Kevin Tyne, Procurement Director, responded once the number is determined it would
be shared but the current status is whether the helicopter will be utilized as a trade-in or
offered by auction.
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
14.
AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR
MOBILE RADIATION DETECTION AND IDENTIFICATION EQUIPMENT (MRDIDE) -
FFY2020 FUNDING
Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the
Arizona Department of Homeland Security, Mobile Radiation Detection and Identification
Equipment (MRDIDE) Investigative/Strategic Agreement Number 19-AZDOHS-HSGP-
190811-03 in the amount of $40,000 for the award period beginning October 1, 2019 and
terminating on September 30, 2020. This Agreement may be terminated by any of the
parties by written notice to the other parties thirty (30) business days prior to termination.
This is the first time the Sheriff’s Office has received this funding award and it is non-
recurring. There is no match requirement. The Sheriff’s Office indirect cost rate for FY20 is
16.3%, applicable to the award amount of $40,000 less capital expenses of $40,000 for an
indirect cost base of zero ($0) and indirect costs of zero ($0). Indirect costs are unallowable
by the terms of this Agreement unless applied for and approved in writing (page 6,
Allowable Costs Section, letter A), and zero ($0) in indirect costs will be absorbed by the
General Fund.
There are no future or ongoing contributions required after the grant period ends; however,
property (items) purchased with these funds must be used for authorized purposes as
described in the grant application and may be used in the program or project for which it
was acquired for as long as needed whether or not the program or project continues to be
supported by federal grant funds.
This is not a mandated function although it supports the MCSO public safety mandate and
provides a benefit to the citizens by ensuring that adequate capabilities exist to prevent,
protect against, mitigate the effects of, respond to, and recover from incidents involving
radiological accidents and incidents, resulting in a more safe and secure community. This
is a competitive award. The Maricopa County Sheriff’s Office is one of several local law
enforcement agencies in the Phoenix metro area that participate in this effort. This is
reimbursement funding that will be used to purchase capital equipment.
These revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditures of these revenues are not prohibited by the budget
law. (C-50-20-021-G-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
15.
AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR
AZLINK SUSTAINMENT AND INTEGRATION PROJECT - FFY2020 FROM SHSP
FUNDING
Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the
Arizona Department of Homeland Security, AZLink Sustainment and Integration
(AZLNKMAINT) Allocation.Agreement Number 19-AZDOHS-HSGP-190206-01 in the
amount of $135,000 for the award period beginning October 1, 2019 and terminating on
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September 30, 2020. This Agreement may be terminated by any of the parties by written
notice to the other parties thirty (30) business days prior to termination.
The funding award is recurring and has been awarded to the Sheriff’s Office for the past
seven years. There is no match requirement. The Sheriff’s Office indirect cost rate for FY20
is 16.3%, applicable to the award amount of $135,000 with no capital expenses for an
indirect cost base of $135,000 and indirect costs of $22,005.00. Indirect costs are
unallowable by the terms of this Agreement unless applied for and approved in writing
(page 6, Allowable Costs Section, letter A), and $22,005.00 in indirect costs will be
absorbed by the General Fund. There are no future or ongoing contributions required after
the grant period ends; however, property (items) purchased with these funds must remain
available to the unit for the duration of its existence and/or the useful life of the item.
This is not a mandated function although it supports the MCSO public safety mandate and
provides a benefit to the citizens by providing information and intelligence sharing among
law enforcement agencies to prevent and/or respond to acts of terrorism or hazardous
incidents, as well as assist with communications during a disaster. This is a competitive
award. The Maricopa County Sheriff’s Office is one of several local law enforcement
agencies in the Phoenix metro area that participate in this effort. This is reimbursement
funding that will be used to purchase technology software subscription and maintenance.
These revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditures of these revenues are not prohibited by the budget
law. (C-50-20-022-G-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
16.
AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR
LONG RANGE ACOUSTIC DEVICE (LRAD) - FFY2020 FUNDING
Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the
Arizona Department of Homeland Security, Long Range Acoustic Device (LRAD)
Investigative/Strategic Agreement Number 19-AZDOHS-HSGP-190206-02 in the amount
of $50,000 for the award period beginning October 1, 2019 and terminating on September
30, 2020. This Agreement may be terminated by any of the parties by written notice to the
other parties thirty (30) business days prior to termination.
This is the first time the Sheriff’s Office has received this funding award and it is non-
recurring. There is no match requirement. The Sheriff’s Office indirect cost rate for FY20 is
16.3%, applicable to the award amount of $50,000 less capital expenses of $50,000 for an
indirect cost base of zero ($0) and indirect costs of zero ($0). Indirect costs are unallowable
by the terms of this Agreement unless applied for and approved in writing (page 6,
Allowable Costs Section, letter A), and zero ($0) in indirect costs will be absorbed by the
General Fund. There are no future or ongoing contributions required after the grant period
ends; however, property (items) purchased with these funds must be used for authorized
purposes as described in the grant application and may be used in the program or project
for which it was acquired for as long as needed whether or not the program or project
continues to be supported by federal grant funds.
This is not a mandated function although it supports the MCSO public safety mandate and
provides a benefit to citizens by ensuring that adequate capabilities exist to provide
announcements if an emergency siren should fail. This device provides the needed
capabilities to make needed announcements and fills the critical gap between poor quality,
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limited range and outages. This is a competitive award. The Maricopa County Sheriff’s
Office is one of several local law enforcement agencies in the Phoenix metro area that
participate in this effort. This is reimbursement funding that will be used to purchase capital
equipment.
These revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditures of these revenues are not prohibited by the budget
law. (C-50-20-023-G-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
17.
AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR
TLO SUSTAINMENT (TLOSUST) - FFY2020 FUNDING
Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the
Arizona Department of Homeland Security, TLO Sustainment (TLOSUST) Agreement
Number 19-AZDOHS-HSGP-190811-01 in the amount of $64,910 for the award period
beginning October 1, 2019 and terminating on September 30, 2020. This Agreement may
be terminated by any of the parties by written notice to the other parties thirty (30) business
days prior to termination.
The funding award is recurring and has been awarded to the Sheriff’s Office for the past
twelve years. There is no match requirement. The Sheriff’s Office indirect cost rate for
FY20 is 16.3%, applicable to the award amount of $64,910 with no capital expenses for an
indirect cost base of $64,910 and indirect costs of $10,580.33. Indirect costs are
unallowable by the terms of this Agreement unless applied for and approved in writing
(page 6, Allowable Costs Section, letter A), and $10,580.33 in indirect costs will be
absorbed by the General Fund. There are no future or ongoing contributions required after
the grant period ends; however, property (items) purchased with these funds must remain
available to the unit for the duration of its existence and/or the useful life of the item.
This is not a mandated function although it supports the MCSO public safety mandate and
provides a benefit to the citizens by integrating information sharing and dissemination to
ensure that adequate capabilities exist to prevent, protect against, mitigate the effects of,
respond to, and recover from incidents involving radiological accidents and incidents,
resulting in a more safe and secure community. This is a competitive award. The Maricopa
County Sheriff’s Office is one of several local law enforcement agencies in the Phoenix
metro area that participate in this effort. This is reimbursement funding that will be used for
conference fees, travel and training for several individuals and for communications device
support and equipment.
These revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditures of these revenues are not prohibited by the budget
law. (C-50-20-019-G-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
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18.
AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR
RAPID RESPONSE TEAM-CBRNE SUSTAINMENT PROJECT (RRTSUST) - FFY2020
FUNDING
Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the
Arizona Department of Homeland Security for Rapid Response Team (RRT)-Chemical,
Biological, Radiological, Nuclear Emergency (CBRNE) Sustainment (RRTSUST),
Agreement Number 19-AZDOHS-HSGP-190811-02, in the amount of $90,000 for the
award period beginning October 1, 2019 and terminating on September 30, 2020. This
Agreement may be terminated by any of the parties by written notice to the other parties
thirty (30) business days prior to termination.
The funding award is recurring and has been awarded to the Sheriff’s Office for the past
nine years. There is no match requirement. The Sheriff’s Office indirect cost rate for FY20
is 16.3%, applicable to the award amount of $90,000 less capital expenses of $56,388 for
an indirect cost base of $33,612 and indirect costs of $5,478.76. Indirect costs are
unallowable by the terms of this Agreement unless applied for and approved in writing
(page 6, Allowable Costs Section, letter A), and $5,478.76 in indirect costs will be absorbed
by the General Fund. There are no future or ongoing contributions required after the grant
period ends; however, property (items) purchased with these funds must remain available
to the unit for the duration of its existence and/or the useful life of the item.
This is not a mandated function although it supports the MCSO public safety mandate and
provides a benefit to the citizens by responding to serious incidents involving hostages
and/or involving individuals that have been identified as having involvement in serious
criminal offenses and/or terrorist activities. This is a competitive award. The Maricopa
County Sheriff’s Office is one of several local law enforcement agencies in the Phoenix
metro area that participate in this effort. This is reimbursement funding that will be used to
purchase various non-capital and capital equipment items.
These revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditures of these revenues are not prohibited by the budget
law. (C-50-20-020-G-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
19.
OVERTIME FUNDING FEDERAL BUREAU OF INVESTIGATIONS FOR FBI JOINT
TERRORISM TASK FORCE (JTTF) - FFY2020
Approve acceptance of overtime funding for FFY 2020 in association with the
Memorandum of Understanding (MOU) between the Federal Bureau of Investigations (FBI)
and the Maricopa County Sheriff’s Office (MCSO), approved 8/1/2018.
The funding award is reoccurring and was awarded to the Sheriff’s Office for last year.
There is no match requirement. The Sheriff’s Office indirect cost rate for FY20 is 16.3%
which is applicable to the entire award amount of $18,649 for a total of $3,039.79 for
indirect costs. Indirect costs are unallowable by the terms of this Agreement unless applied
for and approved in writing (page 6, Allowable Costs Section, letter A), and $3,039.79 in
indirect costs will be absorbed by the General Fund. There are no future or ongoing
contributions required after the grant period ends.
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This is not a mandated function although it supports the MCSO public safety mandate and
provides a benefit to the citizens by responding to serious incidents involving hostages
and/or individuals which have been identified as having involvement in serious criminal
offenses and/or terrorist activities. The grant award is not competitively bid. This agreement
reimburses 100% of the salary portion of overtime costs ($18,649) for the employee
assigned to this task force. The employer related costs (ERE)--FICA/Medicare and
Retirement, estimated to be $12,940.54, will be absorbed by the MCSO General Fund
(100) operating budget.
These revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditures of these revenues are not prohibited by the budget
law.
Approval of this item allows MCSO to collect reimbursement for overtime paid to the deputy
assigned to the FBI JTTF. The purpose of the JTTF is to ensure that there is a robust
capability to deter, defeat and respond vigorously to terrorism in the U.S. or against any
U.S. interest through the combined utilization of federal, state, local and tribal agencies that
are involved in fighting terrorism to coordinate and share information and resources. (C-50-
19-004-3-01)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Treasurer - Tesorero
20.
TAX ABATEMENT
Approve and sign the request for tax abatements from the Treasurer's Office pursuant to
ARS 42-18353 for the attached list of parcel numbers, tax years and amounts.
See listing or accounts (C-43-20-013-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
21.
OFFERS ON TAX DEEDED LAND PARCEL 159-11-001B
Pursuant to A.R.S. § 42-18303, consider the three cash offers, or any additional cash bids
which may be offered at the Board meeting, on the following Tax Deeded Land parcel.
A.R.S.§42-18303 allows the county to sell property in the county held by the State by tax
deed to the highest bidder for cash.
Parcel Number – 159-11-001B
Date Previously Offered – Mar/Apr 2016
Offer #1
Purchaser / Name for the Deed – Angel De Jesus Escalante
Amount of Offer – $10.00
Offer #2
Purchaser / Name for the Deed – Donald & Jane Kennedy
Amount of Offer -- $150.00
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Offer #3
Purchaser / Name for the Deed – City of Phoenix
Amount of Offer -- $200.00
If the Board accepts one of the three offers on the subject property, direct the Treasurer’s
Office accept payment and prepare the Quit Claim Deed to convey the property to winning
bidder and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42-
18303(C), the proceeds of the winning bid shall be paid to the county treasurer. After
deducting and distributing interest, penalties, fees and costs charged against the parcel,
the treasurer shall apportion the remainder according to ARS 42-18303(C).
If no bid is accepted by the Board, direct the Treasurer’s Office to refund all monies.
The subject property lies within Supervisorial District 3. Crossroads are N. 19th Ave and W.
Peoria Ave. (C-43-20-012-M-00)
The Clerk asked if there was anyone present that would like to present an offer to the
Board. There were none.
Motion was made by Supervisor Hickman to accept Offer #3 from the City of Phoenix in
the amount of $200.00, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
COUNTY OFFICES AND DEPARTMENTS
DEPARTAMENTOS Y OFICINAS DEL CONDADO
Air Quality - Calidad del Aire
22.
AMENDMENT TO AGREEMENT FOR DONATION FROM THE ARIZONA PROPANE
GAS ASSOCIATION FOR THE PROPANE FIRE PIT PROGRAM
Approve and authorize the Chairman to execute an Amendment to the Agreement between
the Maricopa County Air Quality Department (MCAQD) and the Arizona Propane Gas
Association (APGA) for APGA to provide a restricted donation of matching funding to
MCAQD for the Propane Fire Pit Program and accept the funds.
This Amendment to the Agreement will provide for continued matching funds to support
MCAQD’s Propane Fire Pit Program which encourages the exchange of wood burning fire
pits for cleaner burning propane gas devices, to aid in the reduction of particulate matter
2.5 (PM 2.5) during the wood burning season. This program will be marketed to all County
residents and will offer through e-mail a voucher which can be taken to select Home Depot
stores within Maricopa County for a discount on a propane fire pit. There will be a $50.00
discount provided by the County and a $25.00 discount provided by the APGA, for a total
of $75 per program participant. The term of this Amendment shall commence on the
Effective Date and end no later than April 1, 2020.
PM 2.5 is an EPA pollutant that is known to cause damaging health issues, including acute
asthma symptoms leading to hospitalization and heart disease, as the tiny pollutant can
deposit deep into the lungs and enter the blood stream. If PM 2.5 should exceed the EPA
24 hour or annual standard, this could lead to more stringent regulations and negative
economic impact for Maricopa County.
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Donation revenue funds are deposited into Fund 504 as they are received. Donation funds
are not local revenues for the purpose of the constitutional expenditure limitation; 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 expenditures of local revenues
duly adopted by the Board pursuant to ARS 42-17105. (C-85-19-003-M-01)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Chairman Gates noted his gratitude to the Arizona Propane Gas Association for their
support of the program and thanked Air Quality staff for their work on the item.
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
23.
AMENDMENT TO EXTEND LICENSE AGREEMENT FOR USE OF REAL PROPERTY
Approve and authorize the Chairman to execute Amendment No. 1 to extend an existing
License Agreement No. P-50305 with Arizona Center for Nature Conservation, Inc., an
Arizona non-profit corporation (“Licensor”) for use of property at 10409 S. Central Avenue,
Phoenix, AZ.
This License Agreement allows Maricopa County Air Quality Department (MCAQD) to
continue the placement of an air quality educational kiosk and monitoring equipment. The
Agreement will commence upon execution of all Parties and have a term of approximately
two (2) years, expiring September 30, 2021. The Agreement may be extended for an
additional two (2) year term upon Maricopa County (“Licensee”) 60-day written notice to
Licensor. Either Party may terminate the Agreement without cause with 90-day advance
written notice to the other. There is no cost to the County for Use of the property. (C-85-18-
005-M-01)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
24.
AGREEMENT WITH MARICOPA ASSOCIATION OF GOVERNMENTS FOR THE
TRAVEL REDUCTION PROGRAM
Approve Agreement Number 1024 between Maricopa Association of Governments (MAG)
and Maricopa County through the Air Quality Department in the not-to-exceed amount of
$962,347. The purpose of this agreement is to fund the Unified Planning Work Program
and revise the scope of services. This agreement is effective retroactively from October 1,
2019 to September 30, 2020. All other terms and conditions of the Agreement remain in full
force and effect.
The Agreement between Maricopa Association of Governments (MAG) and Maricopa
County through the Air Quality Department is reoccurring and has been approved by the
Board of Supervisors in previous years. The cash or in-kind match is not applicable,
indirect cost is fully recoverable, ongoing cash contributions not applicable. The Agreement
is not mandated and the activities are 100% financially supported by the Agreement from
MAG. The Agreement does not go through the bid process. There are no costs that will
need to be absorbed by the departments operating budget.
An amount of up to $356,683.45 will be passed through to the Regional Public
Transportation Authority (RPTA) as an external service provider upon separate agenda
and approval for services provided between October 1, 2019 and September 30, 2020. The
Department's FY2020 authorized indirect cost rate is 23.4%. All indirect costs are allowable
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and fully recoverable. Indirect costs will be applied to the County retained amount of
$605,663.55. The total direct costs are $490,813.25; recoverable indirect costs are
$114,850.30.
This item has been budgeted and approved by the Board of Supervisors with the adoption
of the FY2020 Air Quality Department budget. The amount applicable to FY2021 will be
presented in the annual department budget request. Grant revenues are not local revenues
for the purpose of the constitutional expenditure limitation, and therefore expenditures of
these revenues are not prohibited by the budget law. This Agreement is funded with
Federal Funds, CFDA#20.205. (C-85-20-005-G-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Animal Care and Control Services - Servicios de Control y Cuidado de Animales
25.
DONATIONS OVER $250 FOR AUGUST 2019
Accept the unrestricted monetary donations of Mario Nigrovic ($350) and William Remy
($500), for the care of the animals.
Donation funds are not local revenues for the purpose of the 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-79-20-026-D-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
26.
DONATIONS FROM TWO PUPS WELLNESS FUND AND THE COMMUNITY CANINE
PROJECT FOR MICROCHIPS
Accept the restricted monetary donation of $1,115 from Two Pups Wellness Fund, through
the Arizona Community Foundation, and $1,115 from the Community Canine Project for
the purchase of microchips provided to stray dogs returned to their owners.
Donation funds are not local revenues for the purpose of the 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-79-20-027-D-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
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27.
DONATION FROM ARIZONA CARDINALS FOOTBALL CLUB FOR ADOPTION FEES
Accept the restricted monetary donation in the amount of $500 from the Arizona Cardinals
Football Club to be used for payment of the adoption fees of shelter animals.
Donation funds are not local revenues for the purpose of the 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-79-20-028-D-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
28.
DONATION FROM HOPE EMERGENCY ANIMAL RESCUE (H.E.A.R.) FOR MEDICAL
TESTING & TREATMENT
Accept the monthly restricted donation of $1,000 from H.E.A.R. for the testing of shelter
animals suspected of having Valley Fever or Tick Fever, and the treatment of those
diseases, as set forth in the Memorandum of Understanding approved by the Board of
Supervisors on January 9, 2019 (C-79-19-062-M-00).
Donation funds are not local revenues for the purpose of the 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-79-20-029-D-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
29.
DONATION FROM BISSELL PET FOUNDATION FOR ADOPTION FEES
Accept the restricted monetary donation of $26,430 from Bissell Pet Foundation in payment
of the adoption fees of one hundred seventy-four (174) dogs and thirty-four (34) cats during
a Bissell sponsored adoption event.
Donation funds are not local revenues for the purpose of the 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-79-20-030-D-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
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30.
DONATIONS IN EXCESS OF $1,000
Accept the following in-kind donations valued in excess of $1,000:
*Five (5) Hessaire Evaporating Coolers from Terri Garlick, valued at $1,500
*Two (2) pallets of cat food from Dale Valenti of Simmons Pet Food Co., valued at $2,400
*Kurgo Dog Core Cooling Vests from an anonymous donor, valued at $1,050 (C-79-20-
031-D-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
31.
ANONYMOUS DONATION
Accept the in-kind, anonymous donation of one (1) 48 cu. ft. freezer, one (1) 23 cu. ft.
freezer, three (3) 8-burner grills, one (1)roller-type hot dog grill, six (6) rolling coolers,
various grilling utensils, foodstuffs, and related paper goods valued at $9,448. (C-79-20-
037-D-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
32.
SECOND AMENDMENT TO IGA WITH THE CITY OF SCOTTSDALE FOR ANIMAL
CONTROL SERVICES
Approve and execute the Second Amendment to an Intergovernmental Agreement (IGA)
between the City of Scottsdale and Maricopa County, for animal care services,
administered through Maricopa County Animal Care & Control.
The Second Amendment terms are as follows:
1. The Amendment shall be effective and retroactive to July 1, 2019;
2. The Term of the Agreement is extended through June 30, 2020, unless terminated
earlier as in the Agreement;
3. The City has requested additional services for the Scottsdale McDowell Sonoran
Preserve area, as is set forth in the Paragraph 5 of the Second Amendment;
4. The Compensation Schedule (Appendix A) has been amended as set forth in Paragraph
6 of the Amendment.
5. All other terms and conditions of the Agreement remain in full force and effect. (C-79-12-
133-3-02)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
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33.
KENNEL PERMIT RENEWAL (MULTIPLE DOG LICENSE) FOR DONNA WILLIAMS
D/B/A BUCKEYE AZ BULLDOGGES
Approve kennel permit renewal K20-000060 pursuant to A.R.S. §11-1009 for Donna
Williams, d/b/a Buckeye AZ Bulldogges, 13411 S. 208th Drive, Buckeye, AZ 85326, in
District 5, for a one-year period beginning on the date of the Board's approval. The cost of
a kennel permit is $350. The total amount received for this kennel permit application is
$350. (C-79-20-032-3-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
34.
KENNEL PERMIT RENEWAL (MULTIPLE DOG LICENSE) FOR LORETTA JOHNSON
Approve kennel permit renewal K20-000066 pursuant to A.R.S. §11-1009 for Loretta
Johnson, 503 E. Kenwood Street, Mesa, AZ 85203, in District 42, for a one-year period
beginning on the date of the Board's approval. The cost of a kennel permit is $350. The
total amount received for this kennel permit application is $350. (C-79-20-033-3-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
35.
KENNEL PERMIT RENEWAL (MULTIPLE DOG LICENSE) FOR THE EYE DOG
FOUNDATION FOR THE BLIND
Approve kennel permit renewal K20-000020 pursuant to A.R.S. §11-1009 for the Eye Dog
Foundation for the Blind, 8252 South 15th Avenue, Phoenix, AZ 85041, in District 5, for a
one-year period beginning on the date of the Board's approval. The cost of a kennel permit
is $350. The total amount received for this kennel permit application is $350. (C-79-20-036-
3-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
36.
JODY A. KOSOW IRREVOCABLE TRUST SECOND DISTRIBUTION
Approve and execute documents relating to the second distribution of the Jody A. Kosow
Irrevocable Trust ("Trust"), of which Animal Care & Control is a beneficiary. Trustees have
provided documents setting forth the accounting and distributions to date, as well as a
second Partial Distribution Calculation and Approval of Accounting Release, which
documents require the approval and signatures of the beneficiaries.
Accept an unrestricted, second distribution of Trust funds to Maricopa County Animal Care
and Control in the amount of $11,250. The distribution of funds is contingent upon the
approval and execution of the documents by the beneficiaries. Any additional distributions
from the Trust to Animal Care & Control will be brought separately before the Board for
acceptance.
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Donation funds are not local revenues for the purpose of the 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-79-20-034-D-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
37.
ADMINISTRATIVE CORRECTION OF DONOR NAME
Approve an administrative correction to C-79-20-012-D-00, Donations in Excess of $250
for July 2019, which agenda item was approved by the Board on August 21, 2019. A donor
of $375 was incorrectly named as Marlyn White. The correct donor of $375 is the
Community Canine Project, LLC, 3104 East Camelback Rd, Ste 391, Phoenix, AZ 85016.
(C-79-20-035-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Environmental Services - Servicios Ambientales
38.
BOARD OF HEALTH FEE WAIVER REIMBURSEMENT
Approve a fund transfer of $25,757 from the General Fund (100) to the Environmental
Services Environmental Health Fund (506). The purpose of the transfer is to reimburse
Environmental Services for Fee Waivers approved by the Board of Health pursuant to C-
88-12-010-7-00. Pursuant to A.R.S. §42-17106B, authorize the transfer of FY2020
expenditure authority in the amount of $25,757 from Non Departmental (D470) General
Fund (100) Non Recurring Non Project (NRNP) Contingency (4711) to Non Departmental
(D470) General Fund (100) Non Recurring Non Project (NRNP) Other Programs (4712) to
the line item titled “Board of Health Fee Waiver Fund Transfer” for the reimbursement of
the Environmental Services fee waivers approved by the Board of Health. Also authorize
an increase in revenue authority in the amount of $25,757 in Environmental Services
(D880) Environmental Services Environmental Health Fund (506) Non Recurring Non
Project (NRNP) and increase expenditure authority in the amount of $25,757 in Non
Departmental (D470) Grants Fund (249) Non Recurring Non Project (NRNP) with offsetting
revenue and expenditure adjustments in Eliminations (D980) Eliminations Fund(900) Non
Recurring Non Project (NRNP). This action will have a net zero impact on the overall
County budget.
Board of Supervisors item C-88-12-010-7-00, approved on June 20, 2012, authorized
reimbursement to the Environmental Services Fee Fund for fees waived by the Board of
Health for its work on behalf of the Board of Supervisors. At the Board of Health meeting
on Monday, July 22, 2019, the Board of Health approved fee waivers totaling $25,757
Environmental Services requests reimbursement pursuant to C-88-12-010-7-00. (C-88-20-
002-L-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
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Equipment Services - Servicios de Equipo
39.
TRANSFER VEHICLE FROM RISK MANAGEMENT TO OFFICE OF ENTERPRISE
TECHNOLOGY
The purpose of this is to approve the following:
A) The transfer of vehicle 311963, 2019 Ford F150 Crew Cab Short Bed 4x4 from Risk
Management fund (675) to fund (681) Office of Enterprise Technology (OET). This transfer
will not increase OET fleet as it will be replacing a 2011 Ford F150 Crew Cab Short Bed
4x4 (311119).
B) A one-time Non Recurring Transfer of $35,393 from Telecommunications Fund (681) to
Risk Management fund (675).
C) Increase the FY2020 revenue authority for Risk Management (D750) Risk Management
(675) Non Recurring (NRNP) in the amount of $35,393.
D)
Increase
to
the
expenditure
authority
for
Enterprise
Technology
(D410)
Telecommunications (681) Non Recurring (NRNP) in the amount of $35,393.
E) Offsetting revenue and expenditure adjustments for the fund transfer in the Eliminations
(D980) Eliminations Fund (900) Non Recurring (NRNP) in the amount of $35,393.
F) In addition, reduce the County fleet by two vehicle as Risk Management will no longer
use vehicles 71515, a 2005 Ford Ranger, and 51601, 2006 Ford Taurus.
Risk Management no longer needs these vehicles in their fleet. (C-74-20-001-V-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Finance - Finanzas
40.
FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS
Approve regular and routine fund transfers, warrant reports 08/30/2019 through
09/09/2019, 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-06-20-147-7-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
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Human Resources - Recursos Humanos
41.
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-31-20-022-6-00)
Salary Range Update and Title Change:
Epidemiology Manager $37.70-$54.90 ($78,416-$114,192)
Salary Range Update:
Crime Scene Specialist $19.72-$30.75 ($41,018-$63,960)
Crime Scene Specialist Senior $23.15-$35.40 ($48,152-$73,632)
Detention Officer Trainee $19.43-$30.35 ($40,414-$63,128)
Dietitian $21.00-$31.55 ($43,680-$65,624)
Medicolegal Death Investigator $19.72-$30.75 ($41,018-$63,960)
Medicolegal Death Investigator Senior $23.15-$35.40 ($48,152-$73,632)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Human Services - Servicios Humanos
42.
IGA WITH THE CITY OF EL MIRAGE FOR COMMUNITY DEVELOPMENT BLOCK
GRANT ACTIVITIES
Approve an Intergovernmental Agreement (“Agreement”) between the City of El Mirage
(hereinafter referred to as the “Subrecipient”) and Maricopa County the (“County”)
administered by its Human Services Department.
The purpose of the Agreement is for the Subrecipient to replace the city’s water lines in the
downtown area of El Mirage between Palm and Alto Streets. The County will provide the
Subrecipient with U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) funds in the amount not-to-exceed $425,000.
Agreement term shall begin November 1, 2019 and will expire November 1, 2021.
Also request authorization for the Human Services Department Director to approve and
execute Change Orders/Administrative Changes as listed below:
Pursuant to Section II Special Provisions paragraph 11.0 ADDITIONAL CERTIFICATIONS
AND WARRANTIES subparagraph 11.1.18.
Changes – The County may, at any time, by written Change Order/Administrative Change
executed by the Director of the Human Services Department, make changes within the
general scope of this Agreement in any one or more of the following areas:
11.1.18.1 Modifications to the project implementation schedule as long as it does not
extend or shorten the term of the Agreement;
11.1.18.2 Minor changes in the Work Statement, provided the overall scope of work for the
project is unchanged;
11.1.18.3 Value engineering of the work, provided that the change is made only to reduce
the cost of the project and not to reduce the scope of work, and that the overall scope is
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not changed;
11.1.18.4 Modifications to terms consistent with any changes required by Federal, State, or
County regulations ordinances or policies; and
11.1.18.5 Modifications to administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by HUD or local regulations,
policies or requirements.
Change Orders/Administrative Changes will receive legal review and will be filed with the
Clerk of the Board’s office upon full execution.
This Agreement is funded by a grant from the U. S. Department of Housing and Urban
Development (HUD), (C-22-16-032-G).
Replacement of the existing water lines in the City will mitigate the possibility of waterline
breakage, leaks, and contamination. New lines will improve the public water supply and
provide the residents with a sustained and suitable living environment.
Funding for this Agreement does not impact the County’s General Fund. Supervisory
District 4 (C-22-20-011-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
43.
IGA WITH THE TOWN OF WICKENBURG FOR COMMUNITY DEVELOPMENT BLOCK
GRANT ACTIVITIES
Approve an Intergovernmental Agreement (“Agreement”) between the Town of Wickenburg
(hereinafter referred to as the “Subrecipient”) and Maricopa County (the “County”)
administered by its Human Services Department.
The purpose of the Agreement is for the Subrecipient to replace approximately 1,050 linear
feet water main, install two fire hydrants, and improve sidewalks with ADA compliant ramps
located on Jefferson Street between Yavapai and Mohave Street. The County will provide
the Subrecipient with U.S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) funds in the amount not-to-exceed
$598,913.
Agreement term shall begin November 1, 2019 and will expire November 1, 2021.
Also request authorization for the Human Services Department Director to approve and
execute Change Orders/Administrative Changes as listed below:
Pursuant to Section II Special Provisions paragraph 11.0 ADDITIONAL CERTIFICATIONS
AND WARRANTIES subparagraph 11.1.18.
Changes – The County may, at any time, by written Change Order/Administrative Change
executed by the Director of the Human Services Department, make changes within the
general scope of this Agreement in any one or more of the following areas:
11.1.18.1 Modifications to the project implementation schedule as long as it does not
extend or shorten the term of the Agreement;
11.1.18.2 Minor changes in the Work Statement, provided the overall scope of work for the
project is unchanged;
11.1.18.3 Value engineering of the work, provided that the change is made only to reduce
the cost of the project and not to reduce the scope of work, and that the overall scope is
not changed;
11.1.18.4 Modifications to terms consistent with any changes required by Federal, State, or
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County regulations ordinances or policies; and
11.1.18.5 Modifications to administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by HUD or local regulations,
policies or requirements.
Change Orders/Administrative Changes will receive legal review and will be filed with the
Clerk of the Board’s office upon full execution.
This Agreement is funded by a grant from the U. S. Department of Housing and Urban
Development (HUD), (C-22-16-032-G) and does not impact the General Fund.
The existing water main in the project area has reached its useful life. The pipe does not
provide sufficient fire flow or water volume. The Agreement funds will help to improve the
overall water quality for the Town’s residents. Supervisory District 4 (C-22-20-012-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
44.
IGA WITH THE TOWN OF YOUNGTOWN FOR COMMUNITY DEVELOPMENT BLOCK
GRANT ACTIVITIES
Approve an Intergovernmental Agreement (“Agreement”) between the Town of Youngtown
(hereinafter referred to as the “Subrecipient”) and Maricopa County (the “County”)
administered by its Human Services Department.
The purpose of the Agreement is for the Subrecipient to construct approximately 20,000
linear feet of 4-foot wide concrete sidewalks in Youngtown, AZ. The County will provide the
Subrecipient with U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) funds in the amount not-to-exceed $375,000.
Agreement term shall begin November 1, 2019 and will expire November 1, 2021.
Also request authorization for the Human Services Department Director to approve and
execute Change Orders/Administrative Changes as listed below:
Pursuant to Section II Special Provisions paragraph 11.0 ADDITIONAL CERTIFICATIONS
AND WARRANTIES subparagraph 11.1.18.
Changes – The County may, at any time, by written Change Order/Administrative Change
executed by the Director of the Human Services Department, make changes within the
general scope of this Agreement in any one or more of the following areas:
11.1.18.1 Modifications to the project implementation schedule as long as it does not
extend or shorten the term of the Agreement;
11.1.18.2 Minor changes in the Work Statement, provided the overall scope of work for the
project is unchanged;
11.1.18.3 Value engineering of the work, provided that the change is made only to reduce
the cost of the project and not to reduce the scope of work, and that the overall scope is
not changed;
11.1.18.4 Modifications to terms consistent with any changes required by Federal, State, or
County regulations ordinances or policies; and
11.1.18.5 Modifications to administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by HUD or local regulations,
policies or requirements.
Change Orders/Administrative Changes will receive legal review and will be filed with the
Clerk of the Board’s office upon full execution.
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This Agreement is funded by a grant from the U. S. Department of Housing and Urban
Development (HUD), (C-22-16-032-G) and does not impact the General Fund.
The installation of new sidewalks will help to provide safe and accessible paths in the
community. Supervisory District 4 (C-22-20-013-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
45.
IGA WITH THE TOWN OF GUADALUPE FOR COMMUNITY DEVELOPMENT BLOCK
GRANT ACTIVITIES
Approve an Intergovernmental Agreement (“Agreement”) between the Town of Guadalupe
(hereinafter referred to as the “Subrecipient”) and Maricopa County (the “County”)
administered by its Human Services Department.
The purpose of the Agreement is for Subrecipient shall remove and replace approximately
11,673 square yards of asphalt on six (6) 30-foot streets from curb to curb in Guadalupe,
AZ. The County will provide the Subrecipient with U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) funds in the amount
not-to-exceed $438,873.
Agreement term shall begin November 1, 2019 and will expire November 1, 2021.
Also request authorization for the Human Services Department Director to approve and
execute Change Orders/Administrative Changes as listed below:
Pursuant to Section II Special Provisions paragraph 11.0 ADDITIONAL CERTIFICATIONS
AND WARRANTIES subparagraph 11.1.18.
Changes – The County may, at any time, by written Change Order/Administrative Change
executed by the Director of the Human Services Department, make changes within the
general scope of this Agreement in any one or more of the following areas:
11.1.18.1 Modifications to the project implementation schedule as long as it does not
extend or shorten the term of the Agreement;
11.1.18.2 Minor changes in the Work Statement, provided the overall scope of work for the
project is unchanged;
11.1.18.3 Value engineering of the work, provided that the change is made only to reduce
the cost of the project and not to reduce the scope of work, and that the overall scope is
not changed;
11.1.18.4 Modifications to terms consistent with any changes required by Federal, State, or
County regulations ordinances or policies; and
11.1.18.5 Modifications to administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by HUD or local regulations,
policies or requirements.
Change Orders/Administrative Changes will receive legal review and will be filed with the
Clerk of the Board’s office upon full execution.
This Agreement is funded by a grant from the U. S. Department of Housing and Urban
Development (HUD), (C-22-16-032-G) and does not impact the General Fund.
Repairs to the residential streets will provide residents with safe streets and walkways.
Supervisory District 5 (C-22-20-014-3-00)
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Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
46.
IGA WITH THE TOWN OF GILA BEND FOR COMMUNITY DEVELOPMENT BLOCK
GRANT ACTIVITIES
Approve an Intergovernmental Agreement (“Agreement”) between the Town of Gila Bend
(hereinafter referred to as the “Subrecipient”) and Maricopa County (the “County”)
administered by its Human Services Department.
The purpose of the Agreement is for the Subrecipient shall replace approximately 361
linear feet of asphalt on Euclid Avenue, from Pima Street to Papago Street, in Gila Bend,
AZ. The County will provide the Subrecipient with U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) funds in the amount
not-to-exceed $121,296.
Agreement term shall begin November 1, 2019 and will expire November 1, 2021.
Also request authorization for the Human Services Department Director to approve and
execute Change Orders/Administrative Changes as listed below:
Pursuant to Section II Special Provisions paragraph 11.0 ADDITIONAL CERTIFICATIONS
AND WARRANTIES subparagraph 11.1.18.
Changes – The County may, at any time, by written Change Order/Administrative Change
executed by the Director of the Human Services Department, make changes within the
general scope of this Agreement in any one or more of the following areas:
11.1.18.1 Modifications to the project implementation schedule as long as it does not
extend or shorten the term of the Agreement;
11.1.18.2 Minor changes in the Work Statement, provided the overall scope of work for the
project is unchanged;
11.1.18.3 Value engineering of the work, provided that the change is made only to reduce
the cost of the project and not to reduce the scope of work, and that the overall scope is
not changed;
11.1.18.4 Modifications to terms consistent with any changes required by Federal, State, or
County regulations ordinances or policies; and
11.1.18.5 Modifications to administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by HUD or local regulations,
policies or requirements.
Change Orders/Administrative Changes will receive legal review and will be filed with the
Clerk of the Board’s office upon full execution.
This Agreement is funded by a grant from the U. S. Department of Housing and Urban
Development (HUD), (C-22-16-032-G) and does not impact the General Fund.
Street improvements will ensure residents are provided with safe access for traffic and
pedestrians. Supervisory District 5 (C-22-20-015-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
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47.
AMENDMENT TO THE IGA WITH THE CITY OF BUCKEYE FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUND ACTIVITIES
Approve non-financial Amendment No. 1 to the Intergovernmental Agreement between the
City of Buckeye and Maricopa County administered by its Human Services Department.
The purpose of the Amendment is to extend the contract termination date from December
2, 2019 to February 29, 2020. Extending the Agreement termination date will provide the
City with additional time to complete the project activities.
All other terms and conditions of the Agreement remain unchanged.
The purpose of the Agreement is for the City to install 4,890 linear feet of replacement
waterlines and 11 fire hydrants in the downtown area of the City of Buckeye. The waterline
replacement will improve the public’s health and enhance fire suppression system for
better fire protection in the area. This Agreement is funded by a grant from the U. S.
Department of Housing and Urban Development (HUD), (C-22-16-032-G-02) and does not
impact the General Fund. Approval of this item does not impact the General Fund.
Supervisory District: 5 (C-22-18-024-3-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
48.
AMENDMENT TO THE AGREEMENT WITH ARIZONA DEPARTMENT OF HOUSING
FOR WEATHERIZATION ASSISTANCE PROGRAM
Approve financial Amendment No. 1 to the Agreement between Arizona Department of
Housing (ADOH) and Maricopa County administered by its Human Services Department.
The purpose of this Amendment is for ADOH to provide an increase in funds for the
Weatherization Assistance Program.
ADOH will provide the County with an additional $50,000 of Department of Energy (DOE)
funding for a total of $461,273 in DOE funds. The total Agreement amount is now
increased to $1,472,200. The funding period of availability is July 1, 2019 to June 30, 2020.
The funds will be utilized to provide weatherization measures in dwellings occupied by low-
income households in Maricopa County outside of the City of Phoenix and the City of
Mesa.
ADOH contracts with the County on an annual reoccurring, non-competitive basis for
service delivery of the Weatherization Assistance Program.
Amendment No. 1 amends the following areas of the Agreement:
A Scope of Work
B Amended Performance Report/Schedule of Completion
C. Budget
D. Request for Payment
The Human Services Department provisional indirect rate of 22.2% by the U.S. Department
of Health and Human Services for FY2020 for salaries and employee related expenses.
The total Amendment amount is $50,000 of which $0 is for salaries and benefits. The total
estimated indirect costs are $0.
Receipt of the funds from ADOH does not require in-kind or match funds and no future or
ongoing contributions by the County at the end of the Agreement term. The term of the
Agreement remains unchanged from July 1, 2019 to June 30, 2020.
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The services provided under this Agreement are not a mandated function but provides a
benefit to the citizens by providing assistance to low income residents with weatherization
measures to reduce their energy burden and improving health and safety concerns.
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 grant budget will be
adjusted as necessary to accommodate this grant through future budget reconciliation.
Acceptance of this Agreement will not impact the County General Fund. Supervisory
District: All (C-22-19-033-3-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
49.
AMENDMENT TO AGREEMENT WITH WILDFIRE FOR UTILITY ASSISTANCE
PROGRAM
Approve financial Amendment No. 1 to the Agreement C-22-19-041-3-01 between Arizona
Community Action Association dba Wildfire (hereinafter referred to as “Wildfire”) and
Maricopa County administered by its Human Services Department. The purpose of this
Amendment is for Wildfire to provide an increase in funds for the Utility Assistance
Program.
Wildfire will provide the County with an additional $6,600 of Southwest Gas Repair/Replace
funding. The SWG funding line item will increase from $8,400 to $15,000. The total
Agreement amount shall be increased to $365,480. The funding period of availability is July
1, 2019 to June 30, 2020. The funds will be utilized to provide weatherization measures in
dwellings occupied by low-income households in Maricopa County outside of the City of
Phoenix and the City of Mesa who utilize the Southwest Gas utility.
Wildfire contracts with the County on an annual reoccurring, non-competitive basis to
administer the Utility Assistance Program in the County outside the City of Phoenix and the
City of Mesa. The program services are utilized along with Weatherization program funding
to assist persons who are elderly, persons with disabilities, families with children, and
households with high-energy burdens to reduce energy costs and improve their health and
safety.
The Human Services Department utilizes the provisional indirect rate of 22.2% by the U.S.
Department of Health and Human Services for FY2020 for salaries and employee related
expenses. The total amendment amount is $6,600 of which $491 is for salaries and
benefits. The total estimated indirect costs are $109 and fully recoverable.
Receipt of the funds from Wildfire does not require in-kind or match funds and no future or
ongoing contributions by the County at the end of the Agreement term.
The services provided under this Agreement are not a mandated function but provides a
benefit to the Maricopa County citizens by providing home improvement measures in
dwellings occupied by low-income residents, which will assist in reducing energy burdens.
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.
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The approval of this funding does not alter the budget constraining expenditures of local
revenues duly adopted by the Board pursuant A.R.S. §42-17105. The overall grant budget
will be adjusted as necessary to accommodate this grant through future budget
reconciliation. This Agreement does not contain County General funds. Supervisory
District: All (C-22-19-041-3-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
50.
TERMINATION OF SUBRECIPIENT AGREEMENT WITH REBUILDING TOGETHER
VALLEY OF THE SUN FOR COMMUNITY DEVELOPMENT BLOCK GRANT
ACTIVITIES
Accept the request to terminate the Subrecipient Agreement between Rebuilding Together,
Valley of the Sun (referred to as the “Subrecipient”) and Maricopa County (the “County”)
administered through its Human Services Department. The Subrecipient and County are
collectively referred to herein as the “Parties” and individually as a “Party.”
Subrecipient provided formal notification of their desire to terminate the Subrecipient
Agreement. Pursuant to the General Provisions Section I paragraph ‘E’ Termination,
subparagraph ‘2’ of the Agreement, Subrecipient hereby terminates the Agreement on the
sixtieth (60) day from the date of the Termination letter (August 29, 2019), therefore the
Termination effective date shall be October 28, 2019.
The Subrecipient states they were unable to fulfill their contractual obligations due to
operational issues.
The Agreement was funded by a grant from the U. S. Department of Housing and Urban
Development (HUD), Community Development Block Grant (CDBG) (C-22-16-032-G-).
The term of the Agreement began on September 19, 2018 through June 30, 2020. The
County allocated $25,000 for program activities. The Subrecipient did not expend any
funds under this Agreement.
This Agreement does not impact the General Fund.
The unexpended funds will be reallocated to other project activities to be identified at a
later date. Supervisory District: 5 (C-22-19-009-3-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Public Health - Salud Pública
51.
APPLY AND ACCEPT GRANT FUNDS FROM HEALTH RESOURCES AND SERVICES
ADMINISTRATION FOR ‘ENDING THE HIV EPIDEMIC: A PLAN FOR AMERICA –
RYAN WHITE HIV/AIDS PROGRAM PARTS A AND B’
Approve the application and acceptance of grant funds from Health Resources and
Services Administration (HRSA) HRSA-20-078 in the not-to-exceed amount of $4,000,000
annually for the purpose of implementing strategies, interventions, approaches, and the
core medical and support services to reduce new HIV infections in the United States.
Authorize the Board Chairman to sign all documents related to these grant funds, as
applicable. The award period begins on March 1, 2020 and ends on February 28, 2025.
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The grant is a new initiative titled ‘Ending the HIV Epidemic: A Plan for America – Ryan
White HIV/AIDS Program Part A and B’. This is not a competitive opportunity but is open to
specified high-burden jurisdictions. There is no cash or in-kind match required. This is not a
mandated service but provides a benefit to our citizens with the provision of health services
for people at risk of or living with HIV/AIDS. Should the grant cease, on-going contributions
should not be required.
It is required that 85% of the total grant amount be passed-though to subcontractors. That
amount is not subject to in-direct. The grant allows for the full indirect rate of 19.2%.
Indirect cost is estimated to be $96,644 all of which is recoverable. All program cost are
allocated to the grant so there will not be 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-86-20-010-3-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
52.
NOTICE OF AWARD WITH HEALTH RESOURCES AND SERVICES ADMINISTRATION
FOR HEALTHY START INITIATIVE (HSI): ELIMINATING DISPARITIES IN PERINATAL
HEALTH
Approve Notice of Award (NOA) No. 4 H49MC00174-19-02, Grant No. H49MC00174,
Healthy Start Initiative (HSI): Eliminating Disparities in Perinatal Health, from Department of
Health and Human Services, (DHHS), Health Resources and Services Administration
(HRSA) to Maricopa County through its Department of Public Health (MCDPH), South
Phoenix Healthy Start (SPHS), to provide continued funding for the Healthy Start program.
The NOA is for an additional amount of $22,899.00 for the budget period April 1, 2019
through March 31, 2020. For a total not-to-exceed amount of $1,092,899 for the budget
period. The project period is June 1, 2002 through March 31, 2024. The Department of
Public Health’s indirect rate for FY 2019-20 is 19.2%. Indirect is estimated at $3,688 all of
which is fully recoverable. Departmental Indirect Rates are reestablished at the beginning
of each fiscal year and the future Indirect Rate will be collected at the corresponding rates.
The HSI grant award is reoccurring and has been awarded to the department since 2002.
This grant does not require an in-kind match, indirect cost is fully recoverable and ongoing
cash contributions are not required. Healthy Start services are not a mandated function but
provide a benefit to the citizens in perinatal case management services, health education
events and learning opportunities, and community referrals to women and their families in
the large urban Maricopa County communities of South Phoenix, Maryvale, and Laveen.
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.
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 HRSA and will not affect the County’s General Fund. (C-
86-02-165-2-43)
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 45 of 73
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
53.
IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR DIETETIC
INTERNSHIP PROGRAM
Approve an Intergovernmental Agreement (IGA) Contract No. CTR046145 between
Arizona Department of Health Services (ADHS) and Maricopa County by and through its
Department of Public Health (MCDPH) to provide continued funding for the Dietetic
Internship Program. The term of this Agreement is October 1, 2019 through September 30,
2024. The price sheet is effective October 1, 2019 through September 30, 2020 for the not-
to-exceed amount of $150,000.
This grant award is reoccurring and has been awarded to the department for many years.
There is no cash or in-kind match required and indirect costs are fully recoverable.
Ongoing cash contributions will not be required. The grant award is not a mandated
function but provides a benefit to the citizens by increasing the number of Women, Infant
and Children (WIC) Registered Dieticians to provide high risk nutrition counseling for the
community. The grant award is not competitively bid and the department’s operating
budget is not required to absorb any costs.
The Department of Public Health’s Indirect Rate for FY2019-20 is 19.2%. Indirect costs are
budgeted at $24,161.00 which are fully recoverable. Departmental indirect rates are
reestablished at the beginning of each fiscal year and the future indirect rates will be
collected at the corresponding rates.
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-86-20-011-3-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
54.
IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES
Approve a retro-active Intergovernmental Agreement (IGA) Contract No.CTR045915
between Arizona Department of Health Services (ADHS) and Maricopa County by and
through its Department of Public Health. The goal of eGISP (Enhanced Gonococcal Isolate
Surveillance Project) is to monitor antimicrobial susceptibility trends in the US by
performing resistance testing on a sample of men and women. The cost reimbursement
Contract price sheet is in the not-to-exceed amount of $53,181 and the effective date is
from August 1, 2019 through July 31, 2020. The term of the Contract shall not exceed five
(5) years; terminating July 31, 2024.
It is not certain whether this grant award will reoccur. The award was non-competitive and
there is no cash or in-kind match required. Should this grant be discontinued, ongoing cash
contributions may be required as this is a mandated function.
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 46 of 73
The Department of Public Health indirect rate for FY2019-20 is 19.2%. The full indirect
costs are estimated at $8,566.00 all of which is recoverable. Departmental indirect rates
are reestablished at the beginning of each fiscal year and the future indirect rates will be
collected at the corresponding rates. Program costs not covered by the grant will be
subsidized by the MCDPH indirect cost pool.
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. (C-86-20-
013-3-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
55.
CONTRACT FOR SERVICES WITH LEXISNEXIS COMPANY VITALCHEK NETWORK
INC. FOR REMOTE ORDERING AND PROCESSING OF VITAL RECORDS
Approve a revenue generating Contract for Services between Lexis/Nexis Company
VitalChek Network Inc. (VitalChek) and Maricopa County by and through its Department of
Public Health (MCDPH) to provide remote order processing of certified copies of vital
records on behalf of the Department’s Vital Records Program. VitalChek will collect the
established fees for the certified record copies and provide the payment to the department
of approximately $312,000 annually. This is a fee-for-service agreement and the expected
annual revenue will depend on the number of records requested. A Competition
Impracticable form for goods and services has been completed and approved. This is a 4
year contract beginning on January 1, 2020 through December 31, 2023. A one (1) year
extension is allowed for a maximum 5 year term.
The Department of Public Health’s fee fund indirect rate for FY19 is 14.1%. Full indirect
costs are estimated at $38,556 all of which is recoverable. Subsequent indirect calculations
will be based on the corresponding approved indirect rate percentage.
The Arizona Department of Health Services (ADHS) Vital Records Office has been using
VitalChek since 1993. The Department of Public Health has been using VitalChek since
2007. (C-86-20-012-3-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
56.
AMENDMENT TO LEASE AGREEMENT L-7455 WITH ST. MARY’S FOOD BANK
ALLIANCE
Approve and authorize the Chairman to execute Amendment No. 3 to Lease Agreement
No. L-7455 with St. Mary’s Food Bank Alliance, an Arizona non-profit corporation, for
County use of approximately 6,400 square feet of office and clinic space at 3003 West
Thomas Road, Phoenix.
Public Health will use the subject leased space for the continued operation of a regional
WIC facility. The amendment extends the lease term for 12 months commencing
November 1, 2019 and expiring on October 31, 2020, unless terminated earlier as provided
for in the agreement. The monthly base rent during the lease term will remain at $5,800.00
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 47 of 73
per month ($10.88 per square foot annually) plus rental tax. The County will be responsible
for providing janitorial services to the leased premises. The County may terminate the
Lease by providing a 90-day written notice, non-appropriation of funds notice and lease is
subject to cancellation pursuant to A.R.S. § 38-511. (C-86-15-016-1-03)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
57.
PURCHASE ORDER FOR IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES
FOR DENTAL SEALANT SERVICES PROGRAM
Approve a retroactive Purchase Order (PO) No. PO00000119163 for Intergovernmental
Agreement (IGA) No. ADHS18-175153 between Arizona Department of Health Services
(ADHS) and Maricopa County through its Department of Public Health (MCDPH), Office of
Oral Health (OOH) to provide additional funding for the Dental Sealant (DS) Program. This
PO adds additional funds in the amount of $17,000; the balance of the PO was approved in
actions approved as C-86-18-060-3-05 & C-86-18-060-3-06. The PO effective period is
from January 1, 2019 through December 31, 2019 for a cumulative, not to exceed amount
from $1,013,427 to $1,030,427. The IGA term is January 1, 2018 through December 31,
2022.
The Dental Sealant grant award is reoccurring and has been awarded to MCDPH in
previous years. This grant does not require an in-kind match, indirect cost is fully
recoverable, and ongoing contributions are not required. The grant award is not a
mandated function but provides a benefit to the citizens by providing the dental sealant
services necessary to promote oral health and provide authorized preventive dental
services to at-risk children in Maricopa County. 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.
MCDPH’s indirect rate for FY 2019-20 is 19.2%. The indirect costs are estimated at
$2,738, all of which is recoverable. Departmental indirect rates are reestablished at the
beginning of each fiscal year and future indirect costs will be collected at the corresponding
rate.
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 IGA 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. Funds for
this grant are provided by ADHS and do not increase the County’s general fund. (C-86-18-
060-3-07)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
58.
AMENDMENT TO CONTRACT WITH SOUTHWEST HUMAN DEVELOPMENT FOR
COMPREHENSIVE COMMUNITY HEALTH NURSING SERVICES
Approve a retroactive Amendment No. 2 to Contract between Southwest Human
Development (SWHD) and Maricopa County through its Department of Public Health,
Office of Family Health for comprehensive community health nursing services to eligible
women and their families through the Nurse Family Partnership Program (NFP).
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 48 of 73
The not-to-exceed (NTE) aggregate amount is $970,731.43, increased by $262,929 for the
budget term of October 1, 2018 through September 30, 2019. The contract term is October
1, 2017 through September 30, 2022.
This Contract is funded through an ADHS IGA grant, Nurse Family Partnership for
Maternal, Infant and Early Childhood Home Visiting (MIECHV) (ADHS17-155910)) and
does not affect the County general fund. This subcontractor is subject to the Maricopa
County Procurement Code pursuant to Section MC1-102C, as they are a prior designated
subcontractor. (C-86-18-048-3-02)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
59.
ACCEPTANCE OF GRANT FUNDS FROM THE AMERICAN COUNCIL FOR AN
ENERGY
EFFICIENT
ECONOMY
FROM
THE
ROBERT
WOOD
JOHNSON
FOUNDATION
Approve the acceptance of grant funds from the American Council for an Energy Efficient
Economy (ACEEE). The funder of this grant is the Robert Wood Johnson Foundation
(RWJF) Interdisciplinary Research Leaders Program. This is a grant application submitted
by three (3) organizations: ACEEE as primary applicant, MCDPH and Columbia University.
The total grant award is in the not-to-exceed amount of $350,000 for the purpose of
providing ‘Energy Insecurity and Public Health: Going Further through Cross-Sector
Collaboration’ research. MCDPH is anticipated to receive $105,000 over the 3 year grant
period. Authorize the Board Chairman to sign all documents related to these grant funds,
as applicable, to include the grant contract when received. The new award period begins
retroactively to September 15, 2019 through September 14, 2022.
It is uncertain whether this grant award will reoccur; it is being received for the first time. It
is a competitive grant opportunity with no cash or in-kind match required. This is not a
mandated service but provides a benefit to our citizens by tackling the problem of energy
insecurity in our community in a way that reduces household energy consumption while
maximizing positive health impacts. Should the grant cease, on-going contributions should
not be required.
MCDPH indirect rate is 19.2%. The grant allows for an indirect rate of 12%. Full indirect
cost is estimated to be $18,000, of which $11,250 is recoverable and $6,750 is
unrecoverable. Program costs not allocated to the grant will be subsidized by the MCDPH
indirect cost pool.
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-86-20-015-3-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 49 of 73
60.
APPROPRIATION ADJUSTMENT
Pursuant to A.R.S. 42-17106, approve appropriation adjustment(s) resulting in a net
increase to revenue and expenditures of $2,240,800 in FY 2020 to MCDPH (D860) Public
Health Grants Fund (532) Operating (OPER) budget.
The appropriation adjustment is related to the Centers for Disease Control (CDC) Opioid
Grant Award, Overdose Data to Action, Grant No. 1 NU17CE924996-01-00. This is a
Cooperative Agreement with a project period beginning September 1, 2019 and ending
August 31, 2022. The Year One (1) budget is in the amount of $2,688,960. The FY 2021
appropriation will be established during the FY 2021 budget process.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation therefore expenditure of these revenues is not prohibited by the budget law. This
request does not alter the budget constraining expenditures of local revenues duly adopted
by the Board pursuant to A.R.S. 42-17105. (C-86-20-014-2-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
61.
AMENDMENT TO LEASE AGREEMENT WITH GREATER PHOENIX URBAN LEAGUE,
INC.
Approve and authorize Chairman to execute Amendment 1 to Lease Agreement No. L-
7473 with Greater Phoenix Urban League, Inc., an Arizona non-profit corporation,
(“Landlord”), for approximately 700 square feet of office and clinic space located at 1402
South 7th Avenue, Phoenix, AZ 85007.
This lease amendment will allow the Public Health Department WIC Program to continue at
its current location. The Agreement term will be extended for one year commencing
retroactively on October 1, 2019 and expire September 30, 2020. Unless terminated earlier
as provided for in the Lease, there will be one automatic one (1) year renewal, to expire
September 30, 2021, unless either party gives a 90-day written notice to the other of its
intent not to renew. The County (“Tenant”) will pay $540.00 (Five Hundred Forty Dollars)
per month for rent. Additionally, tenant pays a pro-rated share (7.3%) of utilities, trash and
landscaping services which is anticipated to average approximately $350 per month.
Rental tax is 2.9% per month and estimated at $16 per month for a total monthly average
of $906 and $10,872 for the 12 month budget period. The lease may be terminated for non-
appropriation of funds or A.R.S. § 38-511. (C-86-18-042-1-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
62.
AMENDMENT TO LEASE AGREEMENT L-7251 WITH UNIVERSITY CENTRAL
CENTER, DBA POLLACK PLAZA
Approve and authorize Chairman to execute Fourth Amendment to Lease Agreement, No.
L-7251, with University Central Center, DBA Pollack Plaza for office and clinic space at
3002 N. Arizona Avenue, Suite 13, Chandler, AZ 85225.
This Fourth Amendment will extend the triple net lease term 3 years commencing on April
1, 2020 and expire on March 31, 2023. The lease rate during the 3 year rental term
remains at $14.04 per square foot for the 2,520 square foot Public Health WIC clinic for a
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 50 of 73
monthly cost of $2,948.40 plus rental tax and miscellaneous, for a not-to-exceed 3 year
total lease expense of $111,449.52. (C-86-05-915-4-05)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
63.
AMENDMENT TO LEASE AGREEMENT WITH HF1-D PHOENIX 1706, LLC
Approve and authorize the Chairman to execute Amendment No. 1 to Lease Agreement L-
7453 with HF1-D Phoenix 1706, LLC, a Delaware limited liability company (Landlord).
Since Lease will require administrative action from time to time to carry out its intent,
delegate authority and responsibility to either the Deputy County Manager for Maricopa
County or the Real Estate Director for Maricopa County each individually and separately,
for proper administration of this Lease.
Maricopa County (Tenant), administered by its Public Health Department, Office of Vital
Registration and Immunization Divisions, utilizes 4,702 rentable square feet of office space
located at 1850 North 95th Avenue, Suite 182, Phoenix, Arizona. Amendment No. 1 to
Lease L-7453 extends the term of the Lease 88 months (7 years 4 months) beginning
February 1, 2020 through May 31, 2027. The gross modified rent and other lease
expenses will average approximately $12,000 per month over the 88 month lease term.
Amendment No. 1 also modifies SNDA and Estoppel Certificate provisions and exhibits,
Tenant liability coverage and early termination provisions, and Notice addresses for all
parties, among other things. Effective date of Amendment No. 1 is upon approval and
signature by both parties. Supervisory District: 5. (C-86-15-005-1-02)
The Clerk announced that the item was withdrawn by the department and continued to
October 23, 2019.
64.
RESCIND
AND
APPROVE
ACTION
WITH
ARIZONA
EARLY
CHILDHOOD
DEVELOPMENT AND HEALTH BOARD, FIRST THINGS FIRST FOR ORAL HEALTH
Rescind item C-86-19-014-3-02 approved 7/31/2019 and approve this same document as
C-86-18-100-3-01. The first item (C-86-19-014-3-02) was submitted in error as an
amendment to a sub-recipient of the grant. Proper approval will be achieved with C-86-18-
100-3-01 which is an amendment and renewal to the grant award. There have been no
other edits to the document. This is the annual renewal of grant award FTF-MULTI-19-
0671-01 Year 2, Oral Health Grant program between Arizona Early Childhood
Development and Health Board (AECDHB), First Things First (FTF) and Maricopa County
by and through its Department of Public Health (MCDPH), Office of Oral Health, First Teeth
First (OOH FTF) to provide continued funding for the Oral Health program.
The funding for the budget period of July 1, 2019 through June 30, 2020 is in the not-to-
exceed amount of $1,925,000. The term of this Agreement is July 1, 2018 through June 30,
2022 unless terminated, cancelled or extended. The parties may renew this Agreement for
up to two (2) additional twelve (12) month extensions. The retro-active nature of this item is
due to timing between receipt of grant award documents and BOS meeting dates.
The grant award is reoccurring and has been awarded to the department in previous years.
This is a non-competitive grant and there is no cash or in-kind match required. This oral
health grant award is not a mandated function but provides a benefit to citizens as the
Office of Oral Health - OOH FTF Administrative Home; collaborating and providing
professional development, preventive oral health education, dental screenings and fluoride
varnish to children ages zero to five throughout East Maricopa, Northwest Maricopa,
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 51 of 73
Phoenix North, Phoenix South, Southwest Maricopa and Southeast Maricopa Regions.
Should the grant cease, on-going contributions would not be required.
This Grant deviates from County Policy A2505 and does not allow for full indirect cost
reimbursement, but a maximum of 10% indirect cost reimbursement as delegated in the
Grant Agreement. MCDPH indirect rate for FY19-20 is 19.2%. The Pass Thru amounts to
sub-recipients Dignity Community Care and AZ Early Childhood Education total the amount
of $434,250.00 and are not subject to indirect. The full indirect costs are estimated at
$260,203.64 of which $135,522.73 is recoverable and $124,680.91 is unrecoverable.
Program costs not covered by the grant will be subsidized by the MCDPH indirect cost
pool. Departmental indirect rates are re-established at the beginning of each fiscal year
and the future indirect rates will be collected at the corresponding rates.
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 grant budget will be
adjusted as necessary to accommodate this grant through a future reconciliation. Funding
for this grant will be provided by AECDHB FTF and will not affect the County general fund.
(C-86-18-100-3-01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Real Estate - Bienes Raíces
65.
REVOCABLE NON-EXCLUSIVE LICENSE AGREEMENT P-50336 WITH THE UNITED
FOOD BANK
Approve and authorize the Chairman to execute Revocable Non-Exclusive License
Agreement P-50336, “Agreement” between Maricopa County, “Licensor” and The United
Food Bank, “Licensee” for use of Licensor property located at 358 E. Javelina, Mesa, to
park Licensee trucks, trailers, pool cars and staff vehicles.
The Agreement will commence October 10, 2019 and expire October 9, 2021 unless
terminated earlier as provided for in the Agreement. Licensee shall pay County General
Fund a non-refundable annual license fee of Seven Hundred Dollars ($700.00) within thirty
(30) days of invoice. Either party may terminate the agreement with a thirty (30) day written
notice to the other or by mutual written agreement. (C-78-20-003-L-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Transportation - Transportación
66.
CHANGE IN TRAFFIC CONTROLS ON BUCKEYE ROAD
Approve a change in traffic controls (Speed Limits) on unincorporated right-of-way at the
following locations:
1. A 40 MPH SPEED LIMIT ZONE (from a 50 MPH SPEED LIMIT ZONE) on Buckeye
Road from 355th Avenue to .65 miles east of 355th Avenue (This partially rescinds the 50
MPH speed limit zone dated June 11, 2014).
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 52 of 73
This agenda item is the result of a Traffic Engineering Study conducted at the request of
the Superintendent of Saddle Mountain Unified School District #90 to investigate speeding
concerns on Buckeye Rd in front of Winters’ Well Elementary School. In the interest of
public safety these signs are warranted. Supervisory District No. 4 (C-64-20-060-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
67.
NEW TRAFFIC CONTROLS ON VERRADO WAY
Approve new traffic controls (No Stopping, Standing, Parking Any Time) on unincorporated
right-of-way at the following location:
1. A No Stopping, Standing, Parking Any Time Zone on Verrado Way from 2220 feet south
of Yuma Road to Yuma Road (West Side Only).
These new traffic controls are the result of a Traffic Engineering Study conducted at the
request of the City of Buckeye Traffic Engineer and the Buckeye Police Department. In the
interest of public safety these signs are warranted. Supervisory District No. 4 (C-64-20-
061-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
68.
INSTITUTE OF AUTOMATED MOBILITY (IAM) BOARD MEMBERSHIP
Approve request for the Maricopa County Department of Transportation (MCDOT) to
participate in the Governor’s Institute of Automated Mobility (IAM), authorize the MCDOT
Director to sign the Founding Membership Agreement and pay annual dues of $15,000 per
calendar year for three years (FY2020, FY2021 and FY2022), for a total of $45,000.
Funds for participation are programmed in the Department of Transportation Operating
Fund (fund 232) for Sub-project TE024, MCDOT Intelligent Transportation System (ITS).
The IAM is part of the Arizona Commerce Authority. The IAM is a consortium of global
industry, academic, and government members committed to embracing innovation,
collaborating in state-of-the-art research, development, testing, and evaluation that
advances safety, science, and policy associated with automated driving systems (ADS-
equipped vehicles).
Participation in the IAM will allow MCDOT to have ‘adopter’-level access to the
Implementers Forum, participation in the Directed Research Focus Area, as well as access
to the IAM Test Network.
Please note that each year $10,000 of the $15,000 will be directed to the MCDOT’s desired
Focus Area. This action impacts Supervisory District No: All (C-64-20-065-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 53 of 73
69.
RESOLUTION ALTERING ROAD DECLARED (ROAD FILE NOS. 5024 AND 5024-R)
Pursuant to Arizona Revised Statutes (A.R.S.) § 28-6701, pass and adopt a Resolution
altering Road File Nos. 5024 (C-64-00-085-B-00) and 5024-R (C-64-00-085-B-01) in part
by declaring a portion of Road File 5024, as revised by Road File 5024-R, as no longer
needed as a County highway.
General Vicinity: 51st Avenue and Southern Avenue in Supervisor District 5 within the
incorporated boundary of the City of Phoenix.
Road File No. 5024 was recorded on January 6, 2000, as Document Number 2000-
0011975, in the records of the Maricopa County Recorder’s Office, Maricopa County,
Arizona (MCR); and
Road File No. 5024-R was recorded on May 2, 2000, as Document Number 2000-
0331874, in the records of the MCR; and
The Director of Maricopa County Department of Transportation (MCDOT) has determined
that portions of the aforementioned Road Files have been annexed by the City of Phoenix
and, as such, are no longer within the County’s jurisdiction or County highway maintenance
system.
The proposed action will officially remove the described portions of 51st Avenue and
Southern Avenue from the County highway maintenance system. (C-64-00-085-B-02)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
70.
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-06-20-166-7-00)
A.
D23347
(JR)
Project #: TT0497 – Olive Avenue (Citrus to Cotton) – Easement –
Maricopa County Water Conservation District Number One.
B.
D23422
(TD)
Project #: TT0338 – Miller Road Improvements (I-10 to 1 Mile North)
– Assessor’s Parcel #: 504-18-010-P– Agreement for Compensation
of Property – Robert Schaefer – for the sum of $1,100.00.
C.
DD-10874
(JRW)
Project #: TT0008 – SW corner of Germann Road at Signal Butte
Road – Assessor’s Parcel #: 304-63-009E– Warranty Deed – Newell
Barney for the sum of $10.00.
D.
DD-10874
(JRW)
Project #: TT0008 – SW corner of Germann Road at Signal Butte
Road – Assessor’s Parcel #: 304-63-009E– Purchase Agreement –
Newell Barney.
E.
DD-10875
(JRW)
Project #: TT0008 – SW corner of Germann Road at Signal Butte
Road – Assessor’s Parcel #: 304-63-012P – Warranty Deed –
Barney Farms I, LLC – for the sum of $10.00.
F.
DD-10875
(JRW)
Project #: TT0008 – SW corner of Germann Road at Signal Butte
Road – Assessor’s Parcel #: 304-63-012P – Purchase Agreement –
Barney Farms I, LLC.
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 54 of 73
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES
Board of Supervisors - Junta de Supervisores
71.
RESIGNATION FROM THE TRAVEL REDUCTION PROGRAM REGIONAL TASK
FORCE
Accept the resignation of Abigail Cooksey-Williams from the Travel Reduction Program
Regional Task Force, representing Supervisorial District 3. The term of the resignation will
be effective August 29, 2019. (C-06-20-138-7-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
72.
RESIGNATION FROM AIR POLLUTION HEARING BOARD
Accept the resignation of Shane M. Leonard from the Air Pollution Hearing Board,
representing Supervisorial District 1. The effective date of the resignation is April 17, 2019.
(C-06-20-154-7-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
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~
Planning and Development - Planificación y Desarrollo
73.
PLANNING & ZONING SETTING OF HEARINGS
Schedule the following items for public hearing at the October 23, 2019 Board Meeting: (C-
44-20-011-M-00)
MCP2019001 – Perryville & I-10 – MCP with POD– Dist. 4
Z2018080 – MC APN 210-08-012A – SUP – Dist. 3
Z2019039 – Desert Services International – SUP – Dist. 4
Z2019016 – Ranch Venue LLC – SUP – Dist. 4
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 55 of 73
Transportation – Transportación
74.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0104
Set a hearing for December 11, 2019 for Road File No. PAB-0104 to consider the request
to abandon a portion of a Federal Patent Easement Number #1147174 lying in the
Northeast quarter of Section 7- T4N, RE3 of the Gila and Salt River Meridian, Maricopa
County, Arizona. General vicinity of 1215 West Hatfield Road, and known as Assessor
Parcel 210-08-023. Notice conditions and the request for comment requirements have
been met.
Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and
Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the
hearing by certified mail shall be sent to the applicant and all abutting property owners no
less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be
the first board meeting no less than 60 days from the date the Board sets the hearing. In
addition, a notice shall be posted in the area of the proposed abandonment no less than 60
days prior to the hearing date. Supervisory District No. 3 (C-64-20-063-M-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
75.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0095
Set a hearing for December 11, 2019 for Road File No. PAB-0095 to consider the request
to abandon a portion of a Federal Patent Easement Number #1149652 lying in the
Northwest quarter of Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa
County, Arizona. General vicinity of 25657 N. 17th Ave. Phoenix, AZ 85085 and 1611 W.
Yearling Rd. Phoenix, AZ 85085, and known as Assessor Parcels 210-10-011D and 210-
10-011C. Notice conditions and the request for comment requirements have been met.
Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and
Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the
hearing by certified mail shall be sent to the applicant and all abutting property owners no
less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be
the first board meeting no less than 60 days from the date the Board sets the hearing. In
addition, a notice shall be posted in the area of the proposed abandonment no less than 60
days prior to the hearing date. Supervisory District No. 3 (C-64-20-064-M-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
CONSENT AGENDA - AGENDA DE CONSIENTA
Clerk of the Board - Secretaria de la Junta
76.
CIVIL PENALTY APPEALS – FOR APPROVAL
Pursuant to A.R.S. §42-12052, for property owners who satisfied the requirements of
primary residence status:
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 56 of 73
1.
Approve property owners' appeals of a civil penalty assessment, direct the Assessor to
reclassify the subject properties to class three, and waive the civil penalty.
2.
Approve the related resolutions associated with changing the legal classification to
class 3 (owner occupied) pursuant to A.S.R. §42-12003 and apply State Aid Credit, if
applicable.
3.
Direct the Treasurer to make conforming corrections to the property owners’ tax bills
and send notifications of the change in tax liability.
List of recommended parcels is attached and will be on file in the Clerk of the Board's
Office in accordance with LAPR approved retention schedule. (C-06-20-116-7-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
77.
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-06-20-135-7-00)
Name
Warrant No
Amount
Dept/School
Richard Nunez
22672765
672.81
Human Resources
Truck Pro, LLC
95673613
534.51
Queen Creek Unified
Marie Ann Eberhart Luna
3700215588
163.09
Tolleson Elementary
Matt C Fendon PLC
3010040843
455.01
Risk Management
Andrew Murray
3700208358
1,014.75
Laveen Elementary
Cassandra St. Clair
22675163
1,011.85
Human Services
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
78.
CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD
OF TRUSTEES FOR MORRISON RANCH IWDD NO. 49
Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16-
410(A) and the letter received from Morrison Ranch IWDD No. 49:
1. Cancel the election scheduled to be held on November 20, 2019;
2. Appoint Dawnie Stewart, Howard Morrison and Scott Morrison as Trustees to fill expired
terms.
The appointed Trustees shall serve a two year term effective January 1, 2020 through
December 31, 2021, OR until his/her successor is elected and qualified. A person who is
appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the
office as if elected to that office (Supervisorial District 2). (C-06-20-122-M-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 57 of 73
79.
CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD
OF TRUSTEES FOR SPECTRUM IWDD NO. 48
Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16-
410(A) and the letter received from Spectrum IWDD No. 48:
1. Cancel the election scheduled to be held on November 20, 2019;
2. Appoint Morgan Neville, Doug Strode and Kari Hansen as Trustees to fill expired terms.
The appointed Trustees shall serve a two year term effective January 1, 2020 through
December 31, 2021, OR until his/her successor is elected and qualified. A person who is
appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the
office as if elected to that office (Supervisorial District 1). (C-06-20-123-M-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
80.
CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD
OF DIRECTORS FOR WESTERN MEADOWS IRRIGATION DISTRICT
Approve the Cancellation of Election and Appointment of Director pursuant to A.R.S. §16-
410(A) and the letter received from Western Meadows Irrigation District.
1. Cancel the election scheduled to be held on November 12, 2019;
2. Appoint Terry Sills as Director At-Large, to fill the expired term.
The appointed Director shall serve three year terms commencing January 1, 2020 through
December 31, 2022 OR until his/her successor is elected and qualified. A person who is
appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the
office as if elected to that office (Supervisorial Districts 3). (C-06-20-124-M-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
81.
CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE
BOARD OF DIRECTORS FOR HARQUAHALA VALLEY IRRIGATION DISTRICT
Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16-
410(A) and the letter received from Harquahala Valley Irrigation District.
1. Cancel the election scheduled to be held on November 12, 2019;
2. Appoint Jerry Witt as Director At-Large, to fill the expired term.
The appointed Directors shall serve three year terms commencing January 1, 2020 through
December 31, 2022 OR until his/her successor is elected and qualified. A person who is
appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the
office as if elected to that office (Supervisorial Districts 5). (C-06-20-125-M-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 58 of 73
82.
CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE
BOARD OF DIRECTORS FOR OCOTILLO WATER CONSERVATION DISTRICT
Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16-
410(A) and the letter received from Ocotillo Water Conservation District.
1. Cancel the election scheduled to be held on November 12, 2019;
2. Appoint Andrew Basha as Director At-Large, to fill the expired term.
The appointed Director shall serve three year terms commencing January 1, 2020 through
December 31, 2022 OR until his/her successor is elected and qualified. A person who is
appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the
office as if elected to that office (Supervisorial Districts 1). (C-06-20-126-M-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
83.
CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE
BOARD OF DIRECTORS FOR QUEEN CREEK IRRIGATION DISTRICT
Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16-
410(A) and the letter received from Queen Creek Irrigation District.
1. Cancel the election scheduled to be held on November 12, 2019;
2. Appoint Kenneth Barney as Director to fill the expired term.
The appointed Director shall serve a three year term commencing January 1, 2020 through
December 31, 2022 OR until his/her successor is elected and qualified. A person who is
appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the
office as if elected to that office (Supervisorial Districts 1). (C-06-20-137-M-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
84.
CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD
OF TRUSTEES FOR SUN VIEW ESTATES I IWDD NO. 55
Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16-
410(A) and the letter received from Sun View Estates I IWDD No. 55:
1. Cancel the election scheduled to be held on November 20, 2019;
2. Appoint Michael Mulera, Bruce Lee and Richard Rosepiler as Trustees to fill expired
terms.
The appointed Trustees shall serve a two year term effective January 1, 2020 through
December 31, 2021, OR until his/her successor is elected and qualified. A person who is
appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the
office as if elected to that office (Supervisorial District 3). (C-06-20-139-M-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 59 of 73
85.
CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD
OF TRUSTEES FOR DUKE MANOR IWDD NO. 61
Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16-
410(A) and the letter received from Duke Manor IWDD No. 61:
1. Cancel the election scheduled to be held on November 20, 2019.
2. Appoint Robert Ogden, Salima Keegan and Dawn Upton as Trustees to fill expired
terms.
The appointed Trustees shall serve a two year term effective January 1, 2020 through
December 31, 2021, OR until his/her successor is elected and qualified. A person who is
appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the
office as if elected to that office (Supervisorial District 2). (C-06-20-142-M-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
86.
CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE
BOARD OF DIRECTORS FOR HARQUAHALA VALLEY POWER DISTRICT
Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16-
410(A) and the letter received from Harquahala Valley Power District.
1. Cancel the election scheduled to be held on December 3, 2019
2. Appoint Wade C. Ferguson, Stephen Martori, William K. Perry and Jerry Witt as
Directors-at-Large to fill the expired terms.
The appointed Directors shall serve two year terms commencing January 1, 2020 through
December 31, 2021 OR until his/her successor is elected and qualified. A person who is
appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the
office as if elected to that office (Supervisorial Districts 5). (C-06-20-146-M-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
87.
DONATIONS
In accordance with County Policy A2508, accept the monthly cash and non-cash donation
reports received from the Sheriff's Office for August 2019 for a Cash Value of $488.70 and
Non-Cash value of $910.77. (C-06-20-134-7-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
88.
DONATIONS
In accordance with County Policy A2508, accept the monthly donation report received from
Parks and Recreation for August 2019, for a Cash Value of $267.69. (C-06-20-159-7-00)
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 60 of 73
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
89.
MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of
Supervisors meetings held January 9, 2019; January 16, 2019; April 22, 2019; August 19,
2019; August 26, 2019; and August 28, 2019. (C-06-20-152-7-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
90.
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-06-20-164-7-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
91.
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-06-20-148-7-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
92.
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-06-20-161-7-00)
2018/2019: TX2018-000917;
2019: TX2018-000614; TX2018-000693; TX2018-000995; TX2019-000307;
2020: TX2019-001716
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 61 of 73
93.
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-06-20-165-7-00)
Name
Warrant No
Amount
Department
Christopher Brock
3700067431
1,032.98
Higley Unified
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
94.
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-43-20-014-M-
00)
142-37-036C 2008,2009,2014,2015 $9,009.71
508-14-584 2013-2015 $10,005.71
914-63-571 1989 $2,602.05
990-33-488 2013-2014 $23,132.70
983-28-514 2015-2019 $2,070.55
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
95.
TREASURER'S COLLECTIONS AND INVESTMENT SUMMARY FOR AUGUST 2019
Pursuant to A.R.S. § 11-501, accept the Treasurer's Statement of Collections and
Investment reports for August 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-43-20-011-7-00)
Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
BOARD OF SUPERVISORS ADDENDUM
ADÉNDUM DE LA JUNTA DE SUPERVISORES
Risk Management
A-1.
ALLISON HARDESTY, ET AL. V. MARICOPA COUNTY, ET AL., CV2017-053971
Approve settlement in the amount of $875,000 and sign settlement documents in the
Allison Hardesty, et al. v. Maricopa County, et al., CV2017-053971. (C-75-20-004-S-00)
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 62 of 73
Motion to approve by Supervisor Gallardo, seconded by Supervisor Sellers
Ayes: Sellers, Chucri, Gates, Hickman, Gallardo
Enterprise Technology
A-2.
AGREEMENT WITH SUN CITY WEST POSSE, LLC FOR RADIO MAINTENANCE
SERVICES AND ACCESS TO THE WIRELESS RADIO SYSTEM
Approve a(n) Revenue Agreement between Sun City West Posse, LLC and Maricopa
County through the Enterprise Technology, in the not-to-exceed amount of $5,000. The
purpose of this Revenue Agreement is to provide radio maintenance and access to the
wireless radio system. The agreement will be effective when fully executed by both parties
unless modified, terminated, or extended by agreement of both parties. This Revenue
Agreement is effective from October 23, 2019 until October 22, 2023.
The Sun City West Posse provides a variety of services for the Sun City community
including traffic management, street patrols, missing person assistance, medical
emergency, fire alarm assistance, vacation watch patrol, accident assistance and
suspicious person assistance. The Posse has purchased their own radios and utilizes the
County’s wireless radio system to communicate among team members and to other public
safety entities. The County provides maintenance services for the radios and specific talk
groups for the Posse to use on the wireless radio system. The Posse reimburses the
County for applied time in providing radio maintenance. (C-41-20-004-3-00)
Chairman Gates stated a speaker form from Myron Finegold was received.
Supervisor Hickman spoke of a meeting he attended nearly six months ago with Sun
City West Posse, LLC where the radio system issue was discussed. He noted the
importance of the use of the radios and how the volunteers have a significant impact on
saving taxpayer dollars in their assistance to not only protect the community but also
their assistance to the Sherriff’s Office. He invited Myron Finegold to speak.
Chairman Gates thanked Mr. Finegold and the Posse members for their great work in
Sun City West.
Mr. Finegold stated he is the Commander for the Sun City West Posse, LLC. The Sun
City West Posse assists in keeping the community safe. There are over 17,000 groups
and over 30,000 individuals. There are 90 trained members patrolling and 70 members
who work in various positions. All members are volunteers. He spoke of a conversation
with the new Sun City West general manager regarding members working as
volunteers. Members have vested an interest in the safety and are an integral part of
their community. The members have assisted in getting the current property crime rate
to 10.23 per 1000 residents compared to Arizona property crime rate of 29.15 per 1000
residents. He spoke of the services provided and said the Posse is not law enforcement
so they work in conjunction with the Sherriff’s office. He spoke of the amount of time
and money that the members have invested into the Posse which has saved taxpayers
a total of $3.8 million dollars per year with no public funds utilized as it is run entirely on
donations. He said approval of the item will assist with communication in keeping
members and the community safe.
Chairman Gates thanked Mr. Finegold and Posse members for their presence noting
how valuable they are to the community for the services they provide. He thanked
Supervisor Hickman for his leadership on the item.
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 63 of 73
Supervisor Hickman spoke on the passion the Posse members have for their
community and noted the value in the support provided by the members. He thanked
staff for their assistance on the item. He also noted Mr. Finegold took part in the 9/11
World Trade Center recovery process and thanked him for his service.
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Supervisor Gallardo spoke on the item and noted Supervisor Hickman is a strong
advocate of the Posse.
~ Supervisor Chucri left the meeting ~
Mr. Finegold noted his appreciation to the Board and said the community appreciates
the Posse as well.
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
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
96.
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.
Jordan Bader, spoke regarding her role as a volunteer especially working with seniors at
Animal Care and Control.
Kathleen Bau, spoke regarding her experience as a volunteer and had concerns about
the handling of donations and about employee morale at Animal Care and Control.
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 64 of 73
Erika Edmark, spoke regarding volunteers and asked the Board to consider allowing
them to return to work at Animal Care and Control.
Lorena Bader, spoke regarding her role as a volunteer and voiced concerns regarding
the Directors change toward hiring her at Animal Care and Control.
Amy Nicholls, spoke regarding volunteers and asked the Board to consider allowing the
volunteers to return to the animals at Animal Care and Control.
Shannon Doogly, spoke regarding volunteers and a dog she adopted named Winston
from Animal Care and Control.
Hayley Hannigan, spoke regarding some of the differences regarding volunteers at the
Pima county shelter and Maricopa County Animal Care and Control.
97.
SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS
Resumen de temas de actualidad de los Supervisores/Administrador del Condado
Supervisor Sellers spoke regarding his presence at the following events:
Opening of a new regional park in the Town of Gilbert;
Guest at Queen Creek Chamber of Commerce;
Groundbreaking ceremony for new Town of Queen Creek fire station;
East Valley Partnership Board Meeting where Supervisor Chucri and Sherriff Paul
Penzone updated the community on Maricopa County
Joined Governor Doug Ducey for the press conference to announce the planned
improvements of interstate 17 from Anthem to sunset point;
State Annual Sister Cities Conference in Scottsdale;
Assisted with awarding for engineering excellence at the American Council of
Engineering Companies Annual Awards dinner.
Supervisor Gallardo spoke regarding the following events on domestic violence
throughout October: domestic violence providers available to speak with employees
each Friday morning with coffee and donuts provided by Fry’s Foods; Wear Purple Day
to commemorate National Awareness Day.
Chairman Gates thanked Supervisor Gallardo for his leadership on domestic violence.
Supervisor Hickman spoke of a recent meeting with the West Valley Mayors where they
discussed the following items: opening of the new Intake, Transport and Release
Facility; and the newly appointed County Attorney, Allister Adele. He then spoke of an
upcoming tour of the newly renovated Madison 123 building.
Chairman Gates stated he participated in a press conference on the Healthy Giving
Campaign. The County has partnered with Pastor Jerome and the City of Phoenix to
encourage those who would like to assist with the homeless to give to the specific
organizations that are participating in the effort as opposed to direct giving. He thanked
Clear Channel Outdoor for donating time on 79 billboards throughout the County to get
the message out. He thanked staff for their assistance. He spoke of his upcoming
attendance at the Maricopa County Department of Transportation All Hands Meeting
and thanked staff who would be speaking at the event.
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 65 of 73
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, October 09, 2019
Page 66 of 73
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, October 09, 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
Gallardo, District 5. Absent: Steve Chucri, District 2. Also present: Fran McCarroll, Clerk of the
Board; Maria Ceaglske, Minutes Coordinator; Reid Spaulding, Deputy County Manager; and
Andrea Cummings, Legal Counsel.
F-1.
DECLARE/SELL EXCESS PARCELS
Pursuant to A.R.S. §48-3603, the Flood Control District requests the Board of Directors
declare as excess seven (7) parcels - FP-008, A008-012, A008-002, A008-010, A008-001,
A008-004B, A008-004A. Conveyance documents for the sale of these parcels will be
presented to the District Board of Directors for acceptance and signature at time of sale.
Parcel information:
1. LOCATION: generally located in the vicinity of 7th Avenue and W. Honda Bow Road in
New River, AZ, Unincorporated Maricopa County
2. Assessor Parcel Numbers
• 202-21-031Z – 3.65ac +/-
• 202-21-032A – 4.77ac+/-
• 02-21-169 – 4.69ac +/-
• 202-21-013R – 9.39ac +/-
• 211-22-498 – 2.17ac +/-
• 211-22-012C – 2.85ac +/-
• 211-22-012A – 2.08ac +/-
3. ZONING: RU-43, Maricopa County
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
3. (C-69-20-006-8-00)
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
F-2.
DRAINAGE FACILITY AND WATERWAY AGREEMENT WITH UNION PACIFIC
RAILROAD COMPANY FOR EAST MARICOPA FLOODWAY LOW FLOW CHANNEL
Approve the Drainage Facility and Waterway Agreement between the Union Pacific Railroad
Company and the Flood Control District of Maricopa County, for construction of a portion of
the East Maricopa Floodway Low Flow Channel from Germann Road to Power Road.
The subject Low Flow channel project crosses through a 200 foot wide right-of-way of a
bridge of the UPRR. This agreement/permit, with standard language from Union Pacific, will
allow construction of the subject 200 foot length of channel. The related agreement/permit
fee is $8,460. This Agenda Item impacts Supervisorial District 2. (C-69-20-007-3-00)
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 67 of 73
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
F-3.
AMENDMENT TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH COFFMAN
SPECIALTIES, INC. FOR BUCKEYE FLOOD RETARDING STRUCTURE NO. 1 PHASE
2B REHABILITATION PROJECT
Amend the authorization under agenda Item number (C-69-12-052-5-00), which authorized
the award of a Construction Manager at Risk contract with Coffman Specialties, Inc. (CSI)
for Buckeye Flood Retarding Structure NO. 1 Phase 2B Rehabilitation Project. This
amendment will increase the Guaranteed Maximum price (GMP) to $21,000,000. The
previous authorized amount was $11,000,000.
Authorize the Chairman to execute any and all additional contracts to CSI necessary to
complete the construction without further action by the Board of Directors provided that the
aggregate of all such contracts does not exceed the sum of $44,995,068.
On August 5, 2015 the District BOD authorized an increase to the Project Pre-Construction
Services Contract FCD2012C006 (C-69-12-052-5-01) for Phase 2A and Phase 2B for a
combined total not to exceed $35,750,000. To date, CSI has provided pre-construction
services in the amount of $586,959 through 100% design of Phase 2B. The construction
cost of Phase 2A was $23,408,109 and the estimated Phase 2B construction cost has
increased to $21,000,000 bringing the combined total to $44,995,068. The increase in
Phase 2B construction costs from $11,000,000 can be attributed to project-specific design
issues during design, regulatory agency requirements, constructability input from the
contractor, and significant market factors such as increasing labor rates, equipment rates,
and material prices. This Agenda Item impacts Supervisorial District 4. (C-69-12-052-5-02)
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
F-4.
OPERATIONS AND MAINTENANCE AGREEMENT AND PLAN FOR BUCKEYE FLOOD
RETARDING STRUCTURE NO. 1 REHABILITATION PROJECT
Authorize the execution by the Chairman of the Operations and Maintenance Agreement
and Plan (FCD2019A008) for the Buckeye Flood Retarding Structure No. 1 between the
U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) and the
Flood Control District of Maricopa County (District). The NRCS and Sponsor agree to carry
out the terms of the O&M Agreement and O&M Plan, which defines the responsibilities for
operating, inspecting and maintaining rehabilitation work completed for the Buckeye FRS
No. 1 Rehabilitation Project and existing features. The agreement and plan shall become
effective when signed by both parties.
The Agreement and Plan are required by the NRCS funding authorization process and for
reimbursements of construction costs, prior to the construction of dam rehabilitation projects.
Phase 2B will complete the rehabilitation project for Buckeye FRS No. 1. This Agenda Item
impacts Supervisorial District 4. (C-69-20-008-3-00)
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 68 of 73
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
F-5.
REAPPOINTMENT TO THE FLOOD CONTROL ADVISORY BOARD, FLOODPLAIN
REVIEW BOARD, AND BOARD OF HEARING REVIEW.
Approve the reappointment Hemant Patel to the Flood Control Advisory Board, Floodplain
Review Board, and the Board of Hearing Review, representing Supervisorial District 3. The
term of the reappointment will be effective November 16, 2019 through November 15, 2024.
(C-06-20-141-7-00)
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
F-6.
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-06-20-167-7-00)
A.
121st Ave/Southern-Tres Rios – (Per Resolution # FCD 1999R016) – HL
FCD Parcel #: F00308 – APN: 500-69-005P – Roadway and Drainage Easement – from the
Flood Control District of Maricopa County to Maricopa County for the sum of $10.00.
B.
Ease Maricopa Floodway – (Per Resolution # FCD 1999R016) – HL
FCD Parcel #: M-2153-1 – FCD Permit #: 2005P110 – Roadway Easement – from the Flood
Control District of Maricopa County to The Town of Gilbert for the sum of $264,633.00.
C.
East Maricopa Floodway – (Per Resolution # FCD 1999R016) – HL
FCD Parcel #: M-2153-1 & 9907-001 – FCD Permit #: 2005P110 – Slope Easement – from
the Flood Control District of Maricopa County to The Town of Gilbert for the sum of
$109,506.00.
D.
McMicken Dam Rehabilitation Phase I – (Per Contract No. 2018C012) – JR
PCN: 202-02-31 – Consent to use Easement Agreement – between Salt River Project
Agricultural Improvement and Power District and the Flood Control District of Maricopa
County.
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 69 of 73
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, October 09, 2019
Page 70 of 73
LIBRARY DISTRICT AGENDA
AGENDA DEL DISTRITO DE BIBLIOTECA
The Board of Directors of the Library District of Maricopa County, Phoenix, Arizona, convened in
Formal Session at 9:30 AM on Wednesday, October 09, 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 Gallardo, District
5. Absent: Steve Chucri, District 2. Also present: Fran McCarroll, Clerk of the Board; Maria
Ceaglske, Minutes Coordinator; Reid Spaulding, Deputy County Manager; and Andrea Cummings,
Legal Counsel.
L-1.
DONATIONS
In accordance with County Policy A2508, accept the monthly donation report received from
the Library District (MCLD) for August 2019 in the amount of $2,934.66 (Non-Cash Value).
(C-06-20-140-7-00)
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
L-2.
DONATIONS TO THE LIBRARY DISTRICT FOR THE 2019 SUMMER READING
PROGRAM
Retroactively approve and accept donations for the purpose of the 2019 Summer Reading
Program totaling $494,959 and received as follows: Friends of the Library ($22,500 cash
value), Arizona State Parks & Trails day use passes ($49,000 value), Hurricane Harbor –
formerly Wet & Wild admission passes ($4,995 value), Peter Piper Pizza food coupons
($71,800), Rubios food coupons ($65,800), McDonald’s of Gila Bend kid meal coupons
($266), Soundbite services ($32,275), Hungry Howies food coupons ($2,117), Sonic of
Phoenix drink coupons ($1,935), Phoenix Mercury tickets ($132,350), Harkins Theatres PSA
and Family Pack coupons ($56,241), Bahama Buck’s ice coupons ($9,975), Black Bear
Diner kid meal coupons ($12,000), Applebee’s kid meal coupons ($32,391), Whataburger
food coupons ($1,314) (C-65-20-003-D-00)
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
L-3.
AMENDMENT TO GRANT FROM FREEPORT-MCMORAN FOR BRINGING CUTTING
EDGE TECHNOLOGY TO AGUILA YOUTH
Amend grant award from Freeport-McMoRan end date to 12/31/19 and approve a revenue
and expenditure appropriation adjustment to the Library District Grants (242) Non-Recurring
Non-Project (1001) budget in the amount of $10,000 for FY2020. (C-65-19-013-G-01)
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 71 of 73
L-4.
SECOND AMENDMENT TO BEQUEST FROM THE THELMA B. CORFIELD SURVIVOR'S
TRUST
Approve and accept the second amendment to a bequest to the Library District from the
Thelma B. Corfield Survivor's Trust in the amount of $548 for Final Distribution payment.
Also approve a revenue and expenditure appropriation adjustment to the Library District
(650) Library District Grants (242) non-recurring non-project (1001) budget in the amount of
$548 for FY2020.
As this is a trust, an indirect rate is not applicable. (C-65-15-009-M-02)
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
L-5.
IGA WITH CITY OF SURPRISE FOR THE OPERATION OF THREE CITY-OWNED
LIBRARIES
Approve and execute an Intergovernmental Agreement (IGA) between the Maricopa County
Library District and the City of Surprise for the operation of the following three (3) libraries in
Surprise, Arizona: (1) Northwest Regional Library located at 16089 N. Bullard Avenue,
Surprise; (2) Hollyhock Branch Library located at 15844 N. Hollyhock Street; and (3) the new
Asante Library located at 16763 W. Vereda Solana Drive, which is currently under
construction. Also approve a revenue and expenditure appropriation adjustment to the
Library District (D650) Library District Fund (244) Operating (1000) Budget in the amount of
$575,000.
The Library District and the City of Surprise are entering into the new IGA to establish the
terms and conditions under which the parties will continue providing library services to City
and Maricopa County residents at the existing libraries currently operated under IGA G-
30202 (C-65-16-030-M-00) as amended, and to establish the terms and conditions under
which the parties will provide library services at the new Asante Library location. The IGA
will commence upon full execution, expire on June 30, 2024, and, once fully executed, will
supersede and terminate the IGA known as G-30202 described above. This IGA may be
terminated pursuant to A.R.S. § 38-511, for non-appropriation of funds at the end of any
fiscal year, for any reason or no reason with 120 days written notice, or in whole or part by
mutual written agreement. Supervisory District- 4 (C-65-20-004-M-00)
Motion to approve by Director Hickman, seconded by Director Sellers
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
Formal Meeting Minutes
Wednesday, October 09, 2019
Page 72 of 73
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, October 09, 2019
Page 73 of 73
STADIUM DISTRICT AGENDA
AGENDA DEL DISTRITO DE ESTADIO
The Board of Directors of the Stadium District of Maricopa County, Phoenix, Arizona, convened in
Formal Session at 9:30 AM on Wednesday, October 09, 2019, in the Supervisors' Auditorium, 205
W. Jefferson, Phoenix, AZ 85003, with the following members present: Jack Sellers, District 1; Bill
Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Steve Gallardo, District 5.
Absent: Steve Chucri, District 2. Also present: Fran McCarroll, Official Record Keeper; Maria
Ceaglske, Minutes Coordinator; Reid Spaulding, Deputy County Manager; and Andrea Cummings,
Legal Counsel.
S-1. MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Stadium District
meetings held January 9, 2019 and September 4, 2019. (C-06-20-153-7-00)
Motion to approve by Director Gallardo, seconded by Director Hickman
Ayes: Sellers, Gates, Hickman, Gallardo
Absent: Chucri
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