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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
Vacant, 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
71
Library District
No Meeting
Stadium District
72
Board of Deposit
No Meeting
Wednesday, February 13, 2019
9:30 AM
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 2 of 70
Supervisor Gallardo introduced Isabel Chavez saying, “she is a pillar in the community
particularly in Laveen.” Additionally, she has been involved in many activities and
serves as a District 5 appointee on the Parks and Recreation Board.
1.
INVOCATION - INVOCACIÓN
Isabel Chavez offered the invocation.
2.
PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA
Ms. Chavez led the assemblage in the Pledge of Allegiance to the Flag.
Supervisor Gallardo and Chairman Gates thanked Ms. Chavez for her work within the
community and for her presence at the meeting.
3.
ROLL CALL - LISTA
The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at
9:30 AM on Wednesday, February 13, 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; Steve Chucri, District 2; Steve Gallardo, District 5. Vacant:
District 1 due to the resignation of Supervisor Barney. (Clerk’s Note: Because of the District 1
vacancy all items will show only 4 votes.) Also present: Fran McCarroll, Clerk of the Board; Kelly
Gardiner and Maria Ceaglske, Minutes Coordinators; Joy Rich, County Manager; and Andrea
Cummings, Legal Counsel.
BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES
4.
PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL
PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE
CONTROL Y CUIDADO DE ANIMALES
Jose Santiago, introduced Marcus, a male Pitbull mix. He is missing one of his hind
legs due to an injury. He was hit by a car and came into the shelter with the injury
where it was determined that it was necessary to remove the leg. Marcus is one of the
long timers at the shelter and is available for a nominal fee of $25 at the West Shelter.
Marcus should be a one-and-only dog for whomever adopts him. Mr. Santiago
announced the shelters are in the green zone for the first time in years and noted his
gratitude to those who chose to adopt within the shelters.
Chairman Gates thanked Mr. Santiago for his work and for introducing the Board to
Marcus.
NOTE: Action to continue agenda items PZ-2, PZ-3, PZ-4 and PZ-10 was taken out
of order before agenda item PZ-1 was heard.
PZ-2.
NORTHERN CROSSING
Case #: CPA2018006
Supervisor District: 4
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 3 of 70
Applicant / Owner: Chris Clonts, Lennar / Virgin Farms & David L. Johnson Family Trust
Request: Comprehensive Plan Amendment to change the White Tank/Grand Avenue Area
Plan land use designation from Rural Densities (0-1 d.u./ac.) to Single Family Transitional
Lot (3-5 d.u./ac.). CPA approval is by Resolution
Site Location: Generally located approx. 1,000’ north of the northeast corner of Northern
Ave. and Cotton Ln. in the Glendale area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of CPA2018006 subject to conditions ‘a’ – ‘c’:
a. Development of the site shall be in general conformance with the Narrative
Report entitled “Northern Crossing – General Comprehensive Plan Amendment”,
consisting of 7 pages, stamped received January 7, 2019 and the Land Use exhibit
consisting of 1 page, stamped received October 30, 2018, except as modified by the
following conditions.
b. The total number of residential units shall not exceed 279 dwelling units.
c. 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 uses 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 land use designation 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 change of the land
use. The land use enhances the value of the property above its value as of the date the
land use change is granted and reverting to the prior land use designation results in the
same value of the property as if the land use change had never been granted. (C-44-19-
080-M-00)
Fran McCarroll, Clerk of the Board, announced a request to continue items PZ-2, PZ-3,
and PZ-4 to February 27, 2019.
Motion was made by Supervisor Hickman to continue items PZ-2, PZ-3 and PZ-4 to
allow the applicant time to plan for adequate water and sewer service availability.
Motion was seconded by Supervisor Gallardo.
Ayes: Chucri, Gates, Hickman, Gallardo
PZ-3.
NORTHERN CROSSING COMMERCIAL
Case #: Z2018091
Supervisor District: 4
Applicant / Owner: Chris Clonts, Lennar / Virgin Farms
Request: Zone Change from Rural-43 to C-2 CUPD
Site Location: Generally located at the northeast corner of Northern Ave.
and Cotton Ln. in the Glendale area
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 4 of 70
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2018091 subject to conditions ‘a’ – ‘h’:
a. Development of the site shall comply with the Zoning Exhibit entitled “Northern Crossing
Commercial Parcel“, consisting of 1 full-size sheet, dated January 4, 2019, and stamped
received January 4, 2019, except as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled
“Northern Crossing Rezoning with Commercial Unit Plan of Development”, consisting of 6
pages, dated January 4, 2019, and stamped received January 4, 2019, except as modified
by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. At such time as a MCDOT approved Traffic Impact Study demonstrates that sufficient
warrant(s) exist for the installation of traffic signal(s), the development that generates the
traffic that will trigger such sufficient warrant(s) shall be responsible for the installation of
the traffic signal(s) as part of its infrastructure/site improvements.
2. Dedication of right-of-way along the following roadway alignments will be required prior
to any development on the site:
Northern Avenue: 65 feet (ultimate half width); and Cotton Lane: 65 feet (ultimate half-
width)
The above widths are considered minimum widths. Additional dedication may be required
pending improvements that may be required by the MCDOT approved Traffic Impact
Study.
d. All buildings are subject to noise attenuation as per ARS § 28-8482(B).
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 be scheduled for consideration to revert to the zoning that existed on the
date of application. It is, therefore, stipulated and agreed that revocation due to the failure
to comply with any condition does not reduce any rights that existed on the date of
application to use, divide, sell or possess the property and that there would be no
diminution in value of the property from the value it held on the date of application due to
such revocation of the Zone Change. The Zone Change enhances the value of the
property above its value as of the date the Zone Change is granted and reverting to the
prior zoning results in the same value of the property as if the Zone Change had never
been granted.
g. The following C-2 CUPD restrictions shall apply:
1. Art metal iron shops, automobile repair, cabinet shop, drive-in restaurants, drive-thrus,
farm/animal hospitals, tinsmith shops, and veterinary hospitals containing kennel or
boarding will not be allowed within 150’ of the
northern property boundary.
2. Adult oriented businesses and medical marijuana facilities will not be
allowed on the subject property.
h. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6,
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 5 of 70
and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for
each subsequent phase, within which time the subdivision infrastructure permit or
construction permit for each phase must be obtained. The applicant shall submit a written
report every five years from the date of Board of Supervisors approval of Z2018091 which
details the status of this project, including progress on obtaining subdivision infrastructure
and/or construction permits. The status report to be administratively reviewed by Planning
and Development with the ability to administratively accept or to carry the status report to
the Board of Supervisors (Board), upon recommendation by the Planning and Zoning
Commission (Commission) for consideration of amendments or revocation of zoning for
undeveloped parcels. (C-44-19-081-M-00)
Fran McCarroll, Clerk of the Board, announced a request to continue items PZ-2, PZ-3,
and PZ-4 to February 27, 2019.
Motion was made by Supervisor Hickman to continue items PZ-2, PZ-3 and PZ-4 to
allow the applicant time to plan for adequate water and sewer service availability.
Motion was seconded by Supervisor Gallardo.
Ayes: Chucri, Gates, Hickman, Gallardo
PZ-4.
NORTHERN CROSSING RESIDENTIAL
Case #: Z2018092
Supervisor District: 4
Applicant / Owner: Chris Clonts, Lennar / Virgin Farms
Request: Zone change from Rural-43 to R1-6 RUPD
Site Location: Generally located 1,000 ft. north of the NEC of Northern Ave.
and Cotton. Ln. in the Glendale Area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2018092 subject to conditions ‘a’ – ‘i’:
a. Development of the site shall comply with the Zoning Exhibit entitled “Northern Crossing
Z2018092”, consisting of 1 full-size sheet, dated January 4, 2019, and stamped received
January 4, 2019, except as modified by the following conditions.
b. Development of the site shall be in general conformance with the Narrative Report
entitled “Northern Crossing Rezoning with Commercial Unit Plan of Development”,
consisting of 8 pages, dated January 4, 2019, and stamped received January 4, 2019,
except as modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. At such time as a MCDOT approved Traffic Impact Study demonstrates that sufficient
warrant(s) exist for the installation of traffic signal(s), the development that generates the
traffic that will trigger such sufficient warrant(s) shall be responsible for the installation of
the traffic signal(s) as part of its infrastructure/site improvements. Based on the Traffic
Impact Study submitted with this application, development of the subject premises will
warrant the need for traffic signals at the intersections of Cotton Lane and Northern
Avenue; and Cotton Lane and Granite Vista Loop South. Design and permitting of these
signals must be addressed as development plans progress and are submitted to the
County for further review and/or entitlement.
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 6 of 70
2. Dedication of right-of-way along the following roadway alignments will be required prior
to any development on the site:
Cotton Lane: 65 feet (ultimate half-width)
The above widths are considered minimum widths. Additional dedication may be required
pending improvements that may be required by the MCDOT approved Traffic Impact
Study.
d. All buildings are subject to noise attenuation as per ARS § 28-8482(B).
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 following R1-6 RUPD standards shall apply:
1. Minimum front yard setback/Minimum garage setback:
10' for livable areas, porches / 18' from face of garage to property line
2. Minimum Lot Width: 45’
3. Minimum Lot Area” 5,400 SF
4. Minimum Lot Coverage: 55%
5. Minimum Rear Yard Setback: 15’
6. Side setback: 5’
g. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6,
and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for
each subsequent phase, within which time the subdivision infrastructure permit or
construction permit for each phase must be obtained. The applicant shall submit a written
report every five years from the date of Board of Supervisors approval of Z2018092 which
details the status of this project, including progress on obtaining subdivision infrastructure
and/or construction permits. The status report to be administratively reviewed by Planning
and Development with the ability to administratively accept or to carry the status report to
the Board of Supervisors (Board), upon recommendation by the Planning and Zoning
Commission (Commission) for consideration of amendments or revocation of zoning for
undeveloped parcels. Status reports will be required until completion of the initial
subdivision infrastructure and/or construction permits for each zoning parcel (zoning
districts).
h. The master developer shall notify future homeowners that they are located within the
state-defined “territory in the vicinity of a military airport” with the following language:
“You are buying a home or property in the ‘vicinity of a military airport’ as described by
State of Arizona statute ARS §28-8481. Your house should include sound attenuation
measures as directed by State law. You will be subject to direct over flights and noise by
Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at an average of
approximately 170 overflights per day. Although Luke's primary flight paths are located
within 20 miles from the base, jet noise will be apparent throughout the area as aircraft
transient to and from the Barry M. Goldwater Gunnery Range and other flight training
areas.
Luke Air Force Base may launch and recover aircraft in either direction off its runways
oriented to the southwest and northeast. Noise will be more noticeable during overcast sky
conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these hours
and during most weekends.
Such notification shall be recorded on all Final Plats, be permanently posted on not less
than a 3 foot by 5 foot sign in front of all home sales offices, be
permanently posted on the front door of all home sales offices on not less than an 8½ inch
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 7 of 70
by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as
well as the Public Report and conveyance documents.
For further information, please check the Luke Air Force Base website at
www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning and
Development Department.”
i. 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 be scheduled for consideration to revert to the zoning that existed on the
date of application. It is, therefore, stipulated and agreed that revocation due to the failure
to comply with any condition 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-44-19-082-M-00)
Fran McCarroll, Clerk of the Board, announced a request to continue items PZ-2, PZ-3,
and PZ-4 to February 27, 2019.
Motion was made by Supervisor Hickman to continue items PZ-2, PZ-3 and PZ-4 to
allow the applicant time to plan for adequate water and sewer service availability.
Motion was seconded by Supervisor Gallardo.
Ayes: Chucri, Gates, Hickman, Gallardo
PZ-10. LABORDE PROPERTY
Case #: Z2018124
Supervisor District: 2
Applicant / Owner: Karen Nabity / Lucie E. Laborde Living Trust /Lucie Laborde
Request: Zone Change from Rural-190 to Rural-43
Site Location: Approximately 300’ south of the southeast corner of 144th St. and Cavedale
Dr. in the Rio Verde area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2018124 subject to conditions ‘a’ – ‘c’:
a. Development of the site shall be in general conformance with the Narrative Report
entitled “Laborde Property Narrative”, consisting of 2 pages, undated, and stamped
received November 7, 2018, except as modified by the following
conditions.
b. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
c. 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
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 8 of 70
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-44-19-088-M-00)
Fran McCarroll, Clerk of the Board, announced a request to continue item PZ-10 to
March 10, 2019.
Motion was made by Supervisor Chucri to continue item PZ-10 to March 10, 2019,
seconded by Supervisor Gallardo.
Ayes: Chucri, Gates, Hickman, Gallardo
It was discovered, before item PZ-11 was taken, that the continuance date was
incorrectly stated.
An amended motion was made by Supervisor Chucri to correct the continuance of item
PZ-10 to March 13, 2019, seconded by Supervisor Gallardo.
PLANNING AND ZONING AGENDA
AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN
***The Board of Supervisors will now consider matters related to Planning and Zoning***
CONSENT AGENDA - AGENDA DE CONSIENTA
PZ-1.
MERRILL GARDENS ANTHEM COTTAGE
Case #: Z2017130
Supervisor District: 3
Applicant / Owner: Aya Rojnuckarin, Urbal Architecture PLLC / MG Anthem Holdings, LLC
Request: Special Use Permit (SUP) Major Amendment for 13 independent living cottages
in the R1-8 RUPD zoning district
Site Location: Generally located 1,000’ of the southwest corner of Daisy Mountain Dr. and
Meridian Rd. in the Anthem area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2017130 subject to conditions ‘a’ – ‘g’:
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.
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 9 of 70
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. This Special Use Permit shall expire 30 years from the date of approval by the Board of
Supervisors (February 13, 2049). All of the site improvements shall be removed within 60
days of such termination or expiration.
e. The following R1-8 deviation shall apply:
1. Up to 5’ CMU wall within the front yard setback.
f. 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.
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,
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. (C-44-19-079-M-00)
Motion to concur with the Planning Commission recommendation for approval subject to
conditions ‘a’ – ‘g’ was made by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
NOTE: Action to continue agenda item PZ-2 was taken out of order before agenda
item PZ-1 was heard.
PZ-2.
NORTHERN CROSSING
Case #: CPA2018006
Supervisor District: 4
Applicant / Owner: Chris Clonts, Lennar / Virgin Farms & David L. Johnson Family Trust
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 10 of 70
Request: Comprehensive Plan Amendment to change the White Tank/Grand Avenue Area
Plan land use designation from Rural Densities (0-1 d.u./ac.) to Single Family Transitional
Lot (3-5 d.u./ac.). CPA approval is by Resolution
Site Location: Generally located approx. 1,000’ north of the northeast corner of Northern
Ave. and Cotton Ln. in the Glendale area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of CPA2018006 subject to conditions ‘a’ – ‘c’:
a. Development of the site shall be in general conformance with the Narrative
Report entitled “Northern Crossing – General Comprehensive Plan Amendment”,
consisting of 7 pages, stamped received January 7, 2019 and the Land Use exhibit
consisting of 1 page, stamped received October 30, 2018, except as modified by the
following conditions.
b. The total number of residential units shall not exceed 279 dwelling units.
c. 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 uses 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 land use designation 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 change of the land
use. The land use enhances the value of the property above its value as of the date the
land use change is granted and reverting to the prior land use designation results in the
same value of the property as if the land use change had never been granted. (C-44-19-
080-M-00)
NOTE: Action to continue agenda item PZ-3 was taken out of order before agenda
item PZ-1 was heard.
PZ-3.
NORTHERN CROSSING COMMERCIAL
Case #: Z2018091
Supervisor District: 4
Applicant / Owner: Chris Clonts, Lennar / Virgin Farms
Request: Zone Change from Rural-43 to C-2 CUPD
Site Location: Generally located at the northeast corner of Northern Ave.
and Cotton Ln. in the Glendale area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2018091 subject to conditions ‘a’ – ‘h’:
a. Development of the site shall comply with the Zoning Exhibit entitled “Northern Crossing
Commercial Parcel“, consisting of 1 full-size sheet, dated January 4, 2019, and stamped
received January 4, 2019, except as modified by the following conditions.
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 11 of 70
b. Development of the site shall be in conformance with the Narrative Report entitled
“Northern Crossing Rezoning with Commercial Unit Plan of Development”, consisting of 6
pages, dated January 4, 2019, and stamped received January 4, 2019, except as modified
by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. At such time as a MCDOT approved Traffic Impact Study demonstrates that sufficient
warrant(s) exist for the installation of traffic signal(s), the development that generates the
traffic that will trigger such sufficient warrant(s) shall be responsible for the installation of
the traffic signal(s) as part of its infrastructure/site improvements.
2. Dedication of right-of-way along the following roadway alignments will be required prior
to any development on the site:
Northern Avenue: 65 feet (ultimate half width); and Cotton Lane: 65 feet (ultimate half-
width)
The above widths are considered minimum widths. Additional dedication may be required
pending improvements that may be required by the MCDOT approved Traffic Impact
Study.
d. All buildings are subject to noise attenuation as per ARS § 28-8482(B).
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 be scheduled for consideration to revert to the zoning that existed on the
date of application. It is, therefore, stipulated and agreed that revocation due to the failure
to comply with any condition does not reduce any rights that existed on the date of
application to use, divide, sell or possess the property and that there would be no
diminution in value of the property from the value it held on the date of application due to
such revocation of the Zone Change. The Zone Change enhances the value of the
property above its value as of the date the Zone Change is granted and reverting to the
prior zoning results in the same value of the property as if the Zone Change had never
been granted.
g. The following C-2 CUPD restrictions shall apply:
1. Art metal iron shops, automobile repair, cabinet shop, drive-in restaurants, drive-thrus,
farm/animal hospitals, tinsmith shops, and veterinary hospitals containing kennel or
boarding will not be allowed within 150’ of the
northern property boundary.
2. Adult oriented businesses and medical marijuana facilities will not be
allowed on the subject property.
h. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and
ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each
subsequent phase, within which time the subdivision infrastructure permit or construction permit
for each phase must be obtained. The applicant shall submit a written report every five years
from the date of Board of Supervisors approval of Z2018091 which details the status of this
project, including progress on obtaining subdivision infrastructure and/or construction permits.
The status report to be administratively reviewed by Planning and Development with the ability
to administratively accept or to carry the status report to the Board of Supervisors (Board), upon
recommendation by the Planning and Zoning Commission (Commission) for consideration of
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 12 of 70
amendments or revocation of zoning for undeveloped parcels. (C-44-19-081-M-00)
NOTE: Action to continue agenda item PZ-4 was taken out of order before agenda
item PZ-1 was heard.
PZ-4.
NORTHERN CROSSING RESIDENTIAL
Case #: Z2018092
Supervisor District: 4
Applicant / Owner: Chris Clonts, Lennar / Virgin Farms
Request: Zone change from Rural-43 to R1-6 RUPD
Site Location: Generally located 1,000 ft. north of the NEC of Northern Ave.
and Cotton. Ln. in the Glendale Area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2018092 subject to conditions ‘a’ – ‘i’:
a. Development of the site shall comply with the Zoning Exhibit entitled “Northern Crossing
Z2018092”, consisting of 1 full-size sheet, dated January 4, 2019, and stamped received
January 4, 2019, except as modified by the following conditions.
b. Development of the site shall be in general conformance with the Narrative Report
entitled “Northern Crossing Rezoning with Commercial Unit Plan of Development”,
consisting of 8 pages, dated January 4, 2019, and stamped received January 4, 2019,
except as modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. At such time as a MCDOT approved Traffic Impact Study demonstrates that sufficient
warrant(s) exist for the installation of traffic signal(s), the development that generates the
traffic that will trigger such sufficient warrant(s) shall be responsible for the installation of
the traffic signal(s) as part of its infrastructure/site improvements. Based on the Traffic
Impact Study submitted with this application, development of the subject premises will
warrant the need for traffic signals at the intersections of Cotton Lane and Northern
Avenue; and Cotton Lane and Granite Vista Loop South. Design and permitting of these
signals must be addressed as development plans progress and are submitted to the
County for further review and/or entitlement.
2. Dedication of right-of-way along the following roadway alignments will be required prior
to any development on the site:
Cotton Lane: 65 feet (ultimate half-width)
The above widths are considered minimum widths. Additional dedication may be required
pending improvements that may be required by the MCDOT approved Traffic Impact
Study.
d. All buildings are subject to noise attenuation as per ARS § 28-8482(B).
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 following R1-6 RUPD standards shall apply:
1. Minimum front yard setback/Minimum garage setback:
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10' for livable areas, porches / 18' from face of garage to property line
2. Minimum Lot Width: 45’
3. Minimum Lot Area” 5,400 SF
4. Minimum Lot Coverage: 55%
5. Minimum Rear Yard Setback: 15’
6. Side setback: 5’
g. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6,
and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for
each subsequent phase, within which time the subdivision infrastructure permit or
construction permit for each phase must be obtained. The applicant shall submit a written
report every five years from the date of Board of Supervisors approval of Z2018092 which
details the status of this project, including progress on obtaining subdivision infrastructure
and/or construction permits. The status report to be administratively reviewed by Planning
and Development with the ability to administratively accept or to carry the status report to
the Board of Supervisors (Board), upon recommendation by the Planning and Zoning
Commission (Commission) for consideration of amendments or revocation of zoning for
undeveloped parcels. Status reports will be required until completion of the initial
subdivision infrastructure and/or construction permits for each zoning parcel (zoning
districts).
h. The master developer shall notify future homeowners that they are located within the
state-defined “territory in the vicinity of a military airport” with the following language:
“You are buying a home or property in the ‘vicinity of a military airport’ as described by
State of Arizona statute ARS §28-8481. Your house should include sound attenuation
measures as directed by State law. You will be subject to direct over flights and noise by
Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at an average of
approximately 170 overflights per day. Although Luke's primary flight paths are located
within 20 miles from the base, jet noise will be apparent throughout the area as aircraft
transient to and from the Barry M. Goldwater Gunnery Range and other flight training
areas.
Luke Air Force Base may launch and recover aircraft in either direction off its runways
oriented to the southwest and northeast. Noise will be more noticeable during overcast sky
conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these hours
and during most weekends.
Such notification shall be recorded on all Final Plats, be permanently posted on not less
than a 3 foot by 5 foot sign in front of all home sales offices, be
permanently posted on the front door of all home sales offices on not less than an 8½ inch
by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as
well as the Public Report and conveyance documents.
For further information, please check the Luke Air Force Base website at
www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning and
Development Department.”
i. 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 be scheduled for consideration to revert to the zoning that existed on the
date of application. It is, therefore, stipulated and agreed that revocation due to the failure
to comply with any condition 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
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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-44-19-082-M-00)
PZ-5.
RANCHO CABRILLO PARCELS G, N, U AND Q
Case #: DMP2018007
Supervisor District: 4
Applicant / Owner: Matthew J. Mancini PE, 3engineering, LLC / Rancho Cabrillo
Development LLC
Request: Development Master Plan (DMP) Amendment to change the land use
designations of Rancho Cabrillo parcels G, N, U, Q from Educational/School (parcel G),
Commercial Retail Center (portion of parcel N), Recreational Open Space (parcel U), and
Medium Density Residential (parcel Q) to Small Lot Residential (2-5 d.u./ac.)
Site Location: Generally located on the northeast corner of Happy Valley Rd.
and El Granada Blvd. in the Peoria area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of DMP2018007 subject to conditions ‘a’ – ‘b’:
a. Development and use of the site shall generally comply with the Narrative Report
entitled “Rancho Cabrillo Parcels G, N, U, Q”, consisting of 19 pages, dated stamped
received December 6, 2018, except as modified by the following conditions.
b. Compliance with DMP2006009 conditions/stipulations of approval, as applicable, shall
be maintained. (C-44-19-083-M-00)
Motion to concur with the Planning Commission recommendation for approval subject to
conditions ‘a’ – ‘b’ was made by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
PZ-6.
RANCHO CABRILLO PARCELS G, N, U AND Q
Case #: Z2018095
Supervisor District: 4
Applicant / Owner: Matthew J. Mancini PE, 3engineering, LLC / Rancho Cabrillo
Development LLC
Request: Zone Change Major Amendment to change the zoning districts from R-2 RUPD
PAD, R-4 RUPD PAD, C-1 (portion of) to R1-6 RUPD PAD
Site Location: Generally located on the northeast corner of Happy Valley Rd.
and El Granada Blvd. in the Peoria area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2018095 subject to conditions ‘a’ – ‘d’:
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a. Development and use of the site shall generally comply with the Narrative Report
entitled “Rancho Cabrillo Parcels G, N, U, Q and Portion of N”, consisting of 10 pages,
dated stamped received December 6, 2018, except as modified by the following conditions.
b. The following Engineering conditions shall apply:
1. A Traffic Impact Study to address traffic impacts and (additional) roadway improvements
required to support the proposed development must be submitted with the Preliminary Plat
application.
2. A CLOMR application to the Flood Control District must be approved prior to or
concurrent with the application for Final Plat.
c. The following changes to the R1-6 RUPD PAD zoning district development standards
shall apply for Rancho Cabrillo Parcels G, N, U, and Q:
1. Maximum lot coverage - 55% for parcels G, N, U, Q
2. Minimum front setback - 10’/18’ (10’ livable and side loaded garage, 18’
for front facing garage) for parcels G, N, U, Q
3. Minimum lot width – 45’ for parcels G, N, U, Q
4. All other R1-6 RUPD PAD standards from Z2006069 shall apply
d. Compliance with Z2006069 conditions/stipulations of approval, as applicable, shall be
maintained. (C-44-19-084-M-00)
Motion to concur with the Planning Commission recommendation for approval subject to
conditions ‘a’ – ‘d’ was made by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
PZ-7.
EFFUS RANCH TOWER PROJECT
Case #: Z2017112
Supervisor District: 4
Applicant / Owner: William M. Smith, Matinee Media Corporation / Michael F.
Shamp Trust, et al
Request: Special Use Permit (SUP) for a 150’ (h) radio tower in the Rural-
190 zoning district
Site Location: Generally located 3 miles south of the US-60 and 11 miles
west of Vulture Mine Rd. in the Wickenburg area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2017112 subject to conditions ‘a’ – ‘f’:
a. Development of the site shall comply with the Site Plan entitled “Effus Ranch Tower
Project“, consisting of 1 full-size sheet, dated stamped received on October 5, 2018 except
as modified by the following conditions.
b. Development of the site shall be in conformance with the Narrative Report entitled “Effus
Ranch Tower Project”, consisting of 4 pages, dated stamped received on October 5, 2018
except as modified by the following conditions.
c. The maximum height of the radio tower shall be 150’.
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d. This Special Use Permit shall not expire. However, all of the site improvements shall be
removed within 90 days of cessation of the approved land use.
e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Special Use Permit as set forth in the Maricopa County Zoning
Ordinance.
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. (C-44-19-085-M-00)
Motion to concur with the Planning Commission recommendation for approval subject to
conditions ‘a’ – ‘f’ was made by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
PZ-8.
EYHERABIDE DAIRY
Case #: CPA2018008
Supervisor District: 4
Applicant / Owner: Ashley Marsh, Tiffany & Bosco, PA / Eyherabide Properties, LLC and
Vincent and Rose-Ann Eyherabide Family Trust
Request: Comprehensive Plan Amendment to change the White Tank Grand/Avenue Area
Plan land use designation from Large Lot Residential (1-2 d.u./ac.) to Single Family
Transitional Lot (3-5 d.u./ac.). CPA approval is by Resolution
Site Location: Generally located at the northwest corner of Indian School
Rd. and Perryville Rd.
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of CPA2018008 subject to conditions ‘a’ – ‘d’:
a. Development of the site shall be in general conformance with the Narrative Report
entitled “Eyherabide Dairy, Comprehensive Plan Amendment,”, consisting of 22 pages,
dated and stamped received December 7, 2018, except as modified by the following
conditions.
b. 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 uses existing on the date of
application, subject to conditions. In the event of the failure to comply with any condition,
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the property shall revert to the land use designation 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 change of the land
use. The land use enhances the value of the property above its value as of the date the
land use change is granted and reverting to the prior land use designation results in the
same value of the property as if the land use change had never been granted.
c. The total number of residential units shall not exceed 675 dwelling units.
d. The following Planning Engineering condition shall apply:
1. Right-of-way dedication and perimeter road improvements will be required as part of
future entitlements. This includes Indian School Road, Perryville Road and possibly 191st
Avenue. (C-44-19-086-M-00)
Motion to concur with the Planning Commission recommendation for approval subject to
conditions ‘a’ – ‘d’ made by Resolution by Supervisor Hickman, seconded by Supervisor
Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
RESOLUTION OF AMENDMENT
Maricopa County Board of Supervisors
Vision 2030, Maricopa County Comprehensive Plan
Resolution Amending the Maricopa County Comprehensive Plan –
White Tank/Grand Avenue Area Plan
Case Number: CPA2018008
February 13, 2019
BE IT RESOLVED by the Maricopa County Board of Supervisors as follows:
WHEREAS, Maricopa County adopted its Comprehensive Plan and White Tank/Grand
Avenue Area Plan in accordance with Arizona Revised Statutes to help bring about
coordinated physical development consistent with the present and future needs of
Maricopa County; and
WHEREAS, Maricopa County recognizes the importance of having a comprehensive
plan amendment process so that this plan can be responsive and flexible to meet the
changing conditions of Maricopa County; and
WHEREAS, Maricopa County has procedures to determine when comprehensive plan
amendments are necessary, how comprehensive plan amendments are processed,
and at what point comprehensive plan amendments can be presented at a public
hearing by the Board of Supervisors, upon recommendation by the Planning and
Zoning Commission; and
WHEREAS,
Arizona
Revised
Statutes
requires
that
amendments
to
the
Comprehensive Plan be approved by resolution of the Board of Supervisors; and
WHEREAS, the Maricopa County Board of Supervisors has carefully considered this
comprehensive plan amendment, has held a public hearing regarding this
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comprehensive plan amendment, and finds that this comprehensive plan amendment
constitutes an overall improvement to the Maricopa County Comprehensive Plan, the
White Tank/Grand Avenue Area Plan, and to Maricopa County in general.
NOW, THEREFORE BE IT RESOLVED that the comprehensive plan amendment for
case number CPA2018008, is hereby approved this 13th day of February 2019.
/s/ Bill Gates, Chairman
/s/ Fran McCarroll, Clerk of the Board
/s/ Darren Gerard, Deputy Director of Planning and Development
PZ-9.
EYHERABIDE DAIRY
Case #: Z2018115
Supervisor District: 4
Applicant / Owner: Ashley Marsh, Tiffany & Bosco, PA / Eyherabide Properties, LLC /
Vincent and Rose-Ann Eyherabide Family Trust
Request: Zone Change from Rural-43 to R1-6 RUPD
Site Location: Generally located at the northwest corner of Indian School
Rd. and Perryville Rd.
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2018115 subject to conditions ‘a’ – ‘j’:
a. Development of the site shall be in general conformance with the Zoning Exhibit entitled
“Eyherabide Dairy Exhibit“, consisting of one 11x17, dated November 2018 and stamped
received December 7, 2018, except as modified by the following conditions.
b. Development of the site shall be in general conformance with the Narrative
Report entitled “Eyherabide Dairy”, consisting of 28 pages, dated December 7, 2018, and
stamped received December 7, 2018, except as modified by the
following conditions.
c. The following Planning Engineering conditions shall apply:
1. A Traffic Impact Study to address traffic impacts and roadway improvements required to
support the proposed development must be submitted with the Preliminary Plat application.
2. Dedication of right-of-way along the following roadway alignments will be required prior
to any development on the site:
1. Indian School Road: 65 feet (ultimate half-width);
2. 191st Avenue: 50 feet (unless otherwise waived by MCDOT);
3. Perryville Road: 65 feet (ultimate half-width), or as otherwise required by the City of
Goodyear. Note that the above widths are considered minimum widths. Additional
dedication may be required pending improvements that may be required by the MCDOT
approved Traffic Impact Study.
d. All buildings shall be subject to noise attenuation as per ARS § 28-8482(B).
e. The master developer shall notify future homeowners that they are located within the
state-defined “territory in the vicinity of a military airport” with the following language:
“You are buying a home or property in the ‘vicinity of a military airport’ as described by
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State of Arizona statute ARS §28-8481. Your house should include sound attenuation
measures as directed by State law. You will be subject to direct over flights and noise by
Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at an average of
approximately 170 overflights per day. Although Luke's primary flight paths are located
within 20 miles from the base, jet noise will be apparent throughout the area as aircraft
transient to and from the Barry M. Goldwater Gunnery Range and other flight training
areas.
Luke Air Force Base may launch and recover aircraft in either direction off its runways
oriented to the southwest and northeast. Noise will be more noticeable during overcast sky
conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these hours
and during most weekends.
For further information, please check the Luke Air Force Base website at
www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning and
Development Department.”
Such notification shall be recorded on all Final Plats, be permanently posted on not less
than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the
front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be
included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report
and conveyance documents.
f. The following R1-6 RUPD standards shall apply:
1. Front Yard: 18’ with a front loaded garage; 12’ for side loaded garage or livable area of
dwelling unit
2. Rear Yard: 20’
3. Lot Area: 5,175 sq. ft.
4. Lot Width: 45’
5. Lot Coverage: 55%
g. 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.
h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
i. 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.
j. Owner shall provide written notification to future residential owners that rural residential,
equestrian and agricultural activities may occur proximate to the site. Such notification shall
be in subdivision public reports, and/or Covenants, Conditions & Restrictions (CC&Rs).
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Such notice shall state:
“You are purchasing property near a rural residential property that has livestock and
engages in horse roping activities. Such activities may produce dust, noise, light and odor
among other things.”
Documentation of the conveyance documents public report and CC&Rs shall be provided
to the Planning & Development Department. (C-44-19-087-M-00)
Motion to concur with the Planning Commission recommendation for approval subject to
conditions ‘a’ – ‘j’ was made by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
NOTE: Action to continue agenda item PZ-10 was taken out of order before
agenda item PZ-1 was heard.
PZ-10. LABORDE PROPERTY
Case #: Z2018124
Supervisor District: 2
Applicant / Owner: Karen Nabity / Lucie E. Laborde Living Trust /Lucie Laborde
Request: Zone Change from Rural-190 to Rural-43
Site Location: Approximately 300’ south of the southeast corner of 144th St. and Cavedale
Dr. in the Rio Verde area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2018124 subject to conditions ‘a’ – ‘c’:
a. Development of the site shall be in general conformance with the Narrative Report
entitled “Laborde Property Narrative”, consisting of 2 pages, undated, and stamped
received November 7, 2018, except as modified by the following
conditions.
b. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
c. 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-44-19-088-M-00)
REGULAR AGENDA - AGENDA REGULAR
PZ-11. SEASONS AT RIVERSIDE
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Case #: Z2018068
Supervisor District: 4
Applicant / Owner: Richmond American Homes / Maryland 40, LLC
Request: Zone Change from R1-10 RUPD to R1-6 RUPD
Site Location: Southwest corner of El Mirage Rd. and Maryland Ave. in the
Glendale area
Commission Recommendation: On 1/17/19, the Commission voted 9-0 to recommend
approval of Z2018068 subject to conditions ‘a’ – ‘h’:
a. Development of the site shall comply with the Narrative and Zoning Exhibits entitled
“Seasons at Riverside”, consisting of 8 full-size sheets, and stamped received December
17, 2018, except as modified by the following conditions.
b. The following R1-6 RUPD standards shall apply:
1. Front Yard: 18’ front facing garage, may be reduced to 10’ for side entry garages or
living area of dwelling unit.
2. Rear Yard: 15’
3. Lot Area: 5,175 sq. ft.
4. Lot Width: 45’
5. Lot Coverage: 55%
6. Walls: 6’ (h) privacy wall w/max. 6’- 8” column
7. Maximum Height of Subdivision 6’ Monument: 8’ (h) Primary – 6’ Secondary
8. Maximum Subdivision Sign Area: 40 sq. ft. Primary - 32 sq. ft. Secondary
9. Lots 3 – 7 and 15 – 19 shall be limited to single story.
c. The following Planning Engineering conditions shall apply:
1. Right-of-way dedications for perimeter streets will be required as follows
with plat approval, unless otherwise waived by MCDOT:
El Mirage Road: 65 Feet
Maryland Avenue: 40 Feet
2. A Traffic Impact Study to address traffic impacts and (additional) roadway improvements
required to support the proposed development must be submitted with the Preliminary Plat
application.
3. If required, submission of a CLOMR application to the Flood Control District must be
made prior to or concurrent with the application for Preliminary Plat.
4. The owner/developer shall be required to provide a designated left turn lane on
Maryland Avenue for westbound traffic to access the site at 124th Dr. The left turn lane
shall be designed and constructed in accordance with MCDOT requirements.
5. A Traffic Impact Study shall be submitted with the preliminary plat application. Left/right
turn lane warrants must be analyzed for access into the site at Marlette Ave. off of El
Mirage Road.
d. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services
for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial
construction permit submittal.
e. 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
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District of Maricopa County may be grounds for initiating a revocation of this Zone Change
as set forth in the Maricopa County Zoning Ordinance.
f. 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.
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.
h. All habitable buildings constructed within this subdivision shall be constructed to attain a
noise reduction level as per ARS § 28-8482(B). (C-44-19-089-M-00)
Chairman Gates explained that the applicant and opposition would have a total of 10
minutes to address the Board on item PZ-11.
Planning and Development staff approached the dais to address any questions or
concerns regarding the item.
Jennifer Pokorski, Director of Planning and Development, gave an overview of item PZ-
11. She said neighbors have raised several concerns such as increased traffic and
inadequate buffers between the new and existing development. She reviewed the
RUPD and site plan as recommended by staff and the Planning Commission. She
noted Supervisor Hickman and the applicant have continued to meet with the
community following the Planning Commission hearing. The applicant may be
proposing some additional changes to address citizen concerns but she will review what
has been recommend for approval to date. She referred to the site plan noting the
RUPD overlay as currently proposed allows for increase in lot coverage and a decrease
in lot size as compared to the standard R1-6 Zoning. The majority of lots will be 45 feet
wide and in response to concerns from the neighbors the lots on the north and west of
the proposed development will be 90 feet wide and limited to single story homes. The
developer will also be required to provide a designated left turn lane on Maryland
Avenue to access the site at 124th Drive. The main entrance is located on the east side
of the proposed development just off El Mirage Road. The developer is required to
submit a traffic impact statement to Maricopa County Department of Transportation
(MCDOT). This is to determine if any additional improvements may be needed to
alleviate the traffic concerns. Staff believes the proposal is consistent with the area.
She noted over 20% of residents within 300 feet of the proposal have registered in
opposition so a supermajority vote is required.
Brennon Ray, representing the applicant Richmond American Homes, stated Planning
and Development staff did a great job on their presentation in terms of the proposed
request. The developer has worked with staff, neighbors and District 4 in creating a
plan that is consistent with good planning principles. It provides an appropriate buffer
between the current residential areas and is consistent with area development. He
appreciates staff recommendation of approval and the Planning Commission
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recommendation. At the Planning Commission meeting, the commission was
complimentary of the efforts made by the developer to mitigate some of the concerns.
Mr. Ray gave a brief overview of the proposal location and key areas located nearby
including the Wigwam Resort, a Charter School to the north, the Glendale municipal
airport and this project. He noted topographical challenges due to drainage that impact
the site that drains from the northwest to the northeast then runs along the south to the
charter school. He stated the proposal is 126 lots with a density of 3.43, which is
consistent with the City of Glendale’s general plan. He noted the developer has
addressed potential impact on surrounding areas and there are no access points to the
community to the west and south of the development. There is direct frontage access
off El Mirage Road just like other communities. He reviewed the lot sizes as compared
to the developments in the area and planning principals. He noted on August 15, 2018
the official neighborhood meeting was held with 22 neighbors in attendance and the
original proposed site plan was presented with 144 lots and a different community
entrance. Neighbors’ concerns were high density, increase of traffic and entrance
location. On September 11, 2018 an unofficial neighborhood meeting was held with 17
neighbors in attendance. An updated plan was presented to address the previous
concerns. On October 4, 2018 through January 1, 2019 multiple emails with the
neighborhood contact were exchanged and the current proposal was devised. Mr. Ray
reviewed the changes made which included the 90-foot-wide lots, moving the entrance
on Maryland Avenue further east, opening the southwest corner of the development to
provide open space, and a one-story restriction on specific lots along the north and
west. He noted traffic concerns along Maryland Avenue and the improvements made
by the developer by adding an additional 32.5 feet of new roadway. Discussions have
occurred with the charter school who are supportive of the proposed request. Proposed
additional improvements are a school crosswalk and speed signs along Maryland
Avenue to assist in creating a safe environment for pedestrians especially children
attending the school. Mr. Ray reviewed the modifications to address the mining
operation to the east of the development with the addition of a mining operation
disclosure stipulation and removal of the lots along the east side of the development.
Mr. Ray noted all the modifications and additions to address concerns and requested
the approval from the Board of Supervisors.
Janis Ramirez, representing Crown Charter School, spoke in favor of the item
requesting the installation of temporary school zone cross walk signs and 15 mph signs
as well. They understand permanent signs would be installed later and noted concern
for the students that are currently in session.
Chairman Gates read the names of the following speakers registered in opposition of
the item:
Allison Bowns
Carroll Frison
Kathleen Ross
Victoria Valenzuela
Julia Frison
Kevin Ross
Allison Bowns, resident, spoke in opposition noting the following items: property lot size
as compared to surrounding communities; 50-year property links in the surrounding
area creating a unique community with character; 2008 recession which affected
property owners that could possibly happen again; influx of residents especially from
California trying to escape taxes; 2017 census statistics on school impacts; concerns of
the safety of children being dropped off and picked up at the nearby school; Sheriff
impact; signed petition in opposition; and rental statistics of Wigwam Creek North that
have a negative effect on affected property owners. She noted the developer has made
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accommodations to neighbors’ concerns and she asked for the item to be continued
until a full resolution is made.
Supervisor Hickman asked if Ms. Bowns and Carroll Frison felt their voices were heard
by District 4. Ms. Bowns said they did.
Carroll Frison, resident, spoke in opposition specifically in regard to groundwater
reserve reduction, land subsidence and earth fissures. He referred to an Arizona
Geological Survey report from October 2013 titled, “Revisiting Earth Fissures near Luke
Air Force Base, Central Maricopa County, Arizona.” In summary, groundwater
withdrawal and associated land subsidence is ongoing in the Luke basin. With
continued land subsidence comes the possibility of the growth and extension of existing
earth fissures and the formation of new fissures. He noted a stipulation to buyers at
Marabella Ranch which acknowledged land subsidence and earth fissuring. Mr. Frison
spoke of the decrease of water levels and well locations for the proposed site.
Kathleen Ross, resident, spoke in opposition and referred to a video, which displayed
the traffic on El Mirage Road and said the oncoming traffic is entering from Maryland
Avenue. She noted her concern regarding traffic on El Mirage Road, no turning lane
onto El Mirage Road and the amount of accidents in the area. She noted the new
developments in the area will be adding additional traffic to the area and her concern
related to the density of the proposed development, which will add to the traffic issues.
Supervisor Gallardo asked what time of day the video was taken and Ms. Ross
responded it was between 7:30 a.m. and 8:00 a.m. on a weekday. She said the traffic is
the same in the afternoon and added that the ballpark reroutes the traffic to El Mirage.
Supervisor Hickman said he lives two miles from the proposed location and is familiar
with the area.
Victoria Valenzuela, resident, lives north of the proposed development. She noted
concern about increased traffic, change to current neighborhood characteristics of
established neighbors’ and overpopulated school classrooms.
Supervisor Hickman thanked the residents for attending and gave residents who have
not spoken an opportunity to speak. No additional residents came forth. He noted his
distress while moving the farm and is compassionate for the residents’ vision. He said
growth is coming. He spoke of the water tables, all districts having issues with lot
splitters and strip zoning where municipalities do not want to annex unless it is
commercial or manufacturing. He is not for small lots within developments, but the
economy is changing and starter homes need to go somewhere. He would prefer the
developments be in cities with established infrastructure, law and fire enforcement.
There continues to be a lot of discussion in District 4 with homebuyers, developers and
residents on these issues. He spoke of his experience while visiting the area when the
charter school was releasing students. He understands the charter school’s concerns
but the location was chosen by the charter school and the County does not own the
easement, which is why installing signs is not possible by the County. With the
proposed development, installation of signs may be possible. He noted there are
several infill projects in District 4 and the landowner wants to do something with the land
just as the current residents have been able to afford to do over a series of years. The
developer must put a certain number of units in the development in order to make it an
economically feasible neighborhood due to the infrastructure that must go into the
development. He would like to get MCDOT involved on the traffic concerns, which
usually takes place after the approval of the development. He noted the developer
addressed the concern of the mining operation with a buyer beware disclosure. He
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asked Mr. Ray if the developer would be agreeable to a continuance. Mr. Ray conferred
with his client and they agreed with a continuance as set forth by the Board. Supervisor
Hickman said he would make a motion to continue to allow residents more time to work
with the developer but reiterated that growth is coming. Supervisor Hickman asked
MCDOT staff to assist in stipulations to assist with traffic concerns.
Motion to continue item PZ-11 to February 27, 2019 was made by Supervisor Hickman,
seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
Chairman Gates acknowledged and thanked former Supervisors Denny Barney and
Mary Rose Wilcox for their presence.
STATUTORY HEARINGS - AUDIENCIAS LEGALES
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.
a.
NEW LICENSE FOR GLOSSY HEIFER
Pursuant to A.R.S. § 4-201, approve an application filed by William John Sims for a New
Series 12 Liquor License for Glossy Heifer at 46202 North Black Canyon Highway, New
River, Arizona 85087. (AZ # 44238) (Supervisorial District 3) (C-06-19-279-L-00)
Chairman Gates asked the Clerk if there were any speakers on item 5.a. through 5.e.
There were none.
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
b.
SPECIAL EVENT LICENSE FOR KNIGHTS OF COLUMBUS COUNCIL 12144
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Richard Francis McManus for Knights of Columbus Council 12144 at 9728
West Palmeras Drive, Sun City, Arizona 85373 to be held on Saturday, March 2,
2019 from 5:00 pm to 10:00 pm. (Supervisorial District 4) (C-06-19-283-L-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: 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, March 15, 2019 from 8:00 pm to
11:00 pm. (Supervisorial District 4) (C-06-19-296-L-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
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Ayes: Chucri, Gates, Hickman, Gallardo
d.
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 Nicole Marie Julien for Southwest Wildlife Conservation Center at White
Tank Mountain Regional Park at 20304 West White Tank Mountain Road, Waddell,
Arizona 85355 to be held on Saturday, March 9, 2019 from 8:00 am to 10:00 pm.
(Supervisorial District 4) (C-06-19-302-L-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
e.
SPECIAL EVENT LICENSE FOR RECREATION CENTERS OF SUN CITY WEST
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application
filed by Patrick O’Hara for Recreation Centers of Sun City West at 14401 RH
Johnson Boulevard, Sun City West, Arizona 85375 to be held on Saturday,
February 23, 2019 from 4:30 pm to 9:30 pm. (Supervisorial District 4) (C-06-19-318-
L-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
6.
HEARING FOR THE FORMATION OF THE PROPOSED ORCHID PARK IRRIGATION
WATER DELIVERY DISTRICT
Pursuant to A.R.S. § 48-3423 and § 48-3424, convene the scheduled public hearing
regarding the petitions filed for the formation of the proposed Orchid Park Irrigation Water
Delivery District, as they have been determined to be signed by a majority of the owners of
the acreage within the proposed district.
Pursuant to A.R.S. § 48-3424, any land owner within the boundaries of the proposed
district may appear and object to the organization thereof, or to the inclusion of the land
owners property therein. The Board will hear and consider all comments in favor or against
the organization of the district and decide whether to approve or reject the organization of
the district within the boundaries proposed in the petition or with modified boundaries.
If the Board decides to proceed with the organization of the district, the Clerk is directed to
publish a notice and post copies of the notice describing the boundaries of the proposed
district and fix a date of February 6, 2019, a date not less than 20 days after the
publications and postings are completed. Written protests against the organization may be
filed by owners of a majority of the acreage with the proposed district boundaries. If no
protest is filed, or if one is filed and found insufficient, an order establishing the district shall
be entered and will include the appointment of the following three (3) Trustees of the
district as set forth in the petition:
Elizabeth Lovesy
Andrew Walker
Carlos Gonzalez
Lots 1 through 46 and Tract “A” of ORCHID PARK, a Subdivision of the Southeast Quarter
of the Northeast Quarter of Section 31, Township 3 North, Range 3 East, of the Gila and
Salt River Base and Meridian according to the Plat of Record in the Office of the County
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Wednesday, February 13, 2019
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Recorder of Maricopa County, Arizona, Recorded in Book 67 of Maps, Page 13;
EXCEPT the following described property:
Commencing at the East Quarter Corner of said Section 31; Thence North 89 Degrees 58
Minutes 39 Seconds West along the East-West Midsection line of said Section 31, a
distance of 334.34 Feet to a Subdivision Corner of said ORCHID PARK;
Thence North 00 Degrees 00 Minutes 00 Seconds East along the East line of said
ORCHID PARK and along the East line of said Tract “A”, a distance of 167.93 Feet to an
intersection with the Easterly Extension of the South line of said Lot 12;
Thence continuing North 00 Degrees 00 Minutes 00 Seconds East a distance of 67.07 Feet
to the Southwest Corner of Lot 6 of BRENTWOOD NORTH, according to the plat of record
in the office of the County Recorder of Maricopa County, Arizona, Recorded in Book 185 of
Maps, Page 15, said point being the POINT OF BEGINNING;
Thence South 86 Degrees 07 Minutes 37 Seconds West, a distance of 1.14 Feet to the
East line of said Lot 12;
Thence Continuing South 86 Degrees 07 Minutes 37 Seconds West, a distance of 6.80
Feet;
Thence North 00 Degrees 36 Minutes 58 Seconds East, a distance of 86.47 Feet to the
North Line of said Lot 12;
Thence South 89 Degrees 58 Minutes 20 Seconds East along said North line, a distance of
5.87 Feet to the Northeast corner of said Lot 12;
Thence Continuing South 89 Degrees 58 Minutes 20 Seconds East, a distance of 1.14
Feet to the East line of said Tract “A”;
Thence South 00 Degrees 00 Minutes 00 Seconds West along said East line, a distance of
85.93 Feet to the POINT OF BEGINNING.
TOGETHER WITH
Lots 1 through 11 of ORCHID ACRES a Subdivision of the Northeast Quarter of Section
31, Township 3 North, Range 3 East, of the Gila and Salt River Base and Meridian
according to the Plat of Record in the Office of the County Recorder of Maricopa County,
Arizona, Recorded in Book 81 of Maps, Page 33;
EXCEPT the North 3.80 Feet of Lot 11, ORCHID ACRES; EXCEPT the West 34.80 Feet
thereof.
TOGETHER WITH
That portion of the Southeast Quarter of the Northeast Quarter of Section 31, Township 3
North, Range 3 East, of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona, described as follows:
Commencing at the Southeast Corner of the Northeast Quarter of the Northeast Quarter of
said Section 31; Thence South 00 Degrees 02 Minutes 30 Seconds West along the East
line of said Section 31, a distance of 10 Feet to the POINT OF BEGINNING;
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Thence North 89 Degrees 03 Minutes 00 Seconds West a distance of 242.03 Feet;
Thence South 00 Degrees 02 Minutes 30 Seconds West parallel to the East line of said
Section 31, a distance of 183.66 Feet;
Thence South 89 Degrees 57 Minutes 30 Seconds East 242 Feet to a point on the East
line of said Section 31;
Thence North 00 Degrees 02 Minutes 30 Seconds East along the East line of said Section
31, 180 Feet to the POINT OF BEGINNING. (Supervisorial District 3) (C-06-19-287-M-00)
Chairman Gates asked if there were any speakers present. The Clerk stated that River
Pipes registered to speak in favor of the item only if necessary. Chairman Gates invited
River Pipes forward to speak.
River Pipes, representing Orchid Park Irrigation Water District, thanked the Board for
moving the item forward. She has been running the subdivisions water irrigation system
for 25 years and noted the issues when collecting money for repairs. Nearly 73% of the
neighbors are in favor of the irrigation district and those that were not in favor did not
agree with their taxes going higher. She noted her appreciation of the Board for an
approval to move the item forward.
Chairman Gates thanked Ms. Pipes for her work on the item.
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
Transportation – Transportación
7.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0064
Convene a hearing for Road File No. PAB-0064 to consider the request to abandon a
portion of a Federal Patent Easement Number #1218730 lying in the Southwest quarter of
Section 27 – T7N, R2E of the Gila and Salt River Meridian, Maricopa County, Arizona.
General vicinity of 42nd Avenue and Sunset Drive, and known as Assessor Parcel 202-12-
056A. 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-0064.
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. 2 (C-64-19-071-M-01)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
8.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0087
Convene a hearing for Road File No. PAB-0087 to consider the request to abandon a
portion of a Federal Patent Easement Number #1205958 lying in the Northeast quarter of
Section 34 – T6N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona.
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General vicinity of 22nd Street and Carlise Road, and known as Assessor Parcel 211-69-
017A. 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-0087.
Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition,
direct the Clerk of the Board to record the Board of Supervisors resolution with the County
Recorder. Supervisory District No. 3 (C-64-19-073-M-01)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
9.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0089
Convene a hearing for Road File No. PAB-0089 to consider the request to abandon a
portion of a Federal Patent Easement Number #1150143 lying in the Northwest quarter of
Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona.
General vicinity of 17th Avenue and Briles Road, and known as Assessor Parcel 210-11-
015Q. 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-0089.
Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition,
direct the Clerk of the Board to record the Board of Supervisors resolution with the County
Recorder. Supervisory District No. 3 (C-64-19-074-M-01)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
10.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0090
Convene a hearing for Road File No. PAB-0090 to consider the request to abandon a
portion of a Federal Patent Easement Number #1180516 lying in the Northwest quarter of
Section 15 – T5N, R4E of the Gila and Salt River Meridian, Maricopa County, Arizona.
General vicinity of 64th Street and Maria Drive, and known as Assessor Parcel 216-50-
026B. 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-0090.
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. 2 (C-64-19-076-M-01)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
11.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0068
Convene a hearing for Road File No. PAB-0068 to consider the request to abandon a
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portion of a Federal Patent Easement Number #1174984 lying in the Northwest quarter of
Section 6 – T4N, R3E, of the Gila and Salt River Meridian, Maricopa County, Arizona.
General vicinity of 19th Avenue and Jomax Road, and known as Assessor Parcel 210-11-
025V. 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-0068.
Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition,
direct the Clerk of the Board to record the Board of Supervisors resolution with the County
Recorder. Supervisory District No. 3 (C-64-19-081-M-01)
Motion to continue item 11 to February 27, 2019 was made by Supervisor Chucri,
seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
12.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0086
Convene a hearing for Road File No. PAB-0086 to consider the request to abandon a
portion of a Federal Patent Easement Number #1215571 lying in the Southeast quarter of
Section 21 – T1S, R2W, of the Gila and Salt River Meridian, Maricopa County, Arizona.
General vicinity of Ray Road and Rainbow Valley Road, and known as Assessor Parcel
400-53-022B. 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-0086.
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. 5 (C-64-19-082-M-01)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
AGENCY ITEMS AND STATUTORY MATTERS
ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS
COUNTY OFFICERS - OFICIALES DE CONDADO
County Attorney - Procurador del Condado
13.
AMENDMENT TO AGREEMENT WITH US MARSHALS SERVICE FOR THE VIOLENT
OFFENDER TASK FORCE
Approve and accept (retroactively) $10,000 in reimbursement funding from the US
Marshals Service for the period of October 1, 2018 through September 30, 2019. This
funding was received pursuant to the agreement approved by the Board of Supervisors on
June 19, 2013 (C-19-13-036-G-00) and continues for an indefinite period until terminated
by one or both parties. Authorize the Chairman of the Board of Supervisors, or designee, to
sign all documents related to this agreement.
The County Attorney’s FY19 indirect cost rate is 13.5%. The unrecoverable indirect costs
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Wednesday, February 13, 2019
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are estimated to be $1,350. (C-19-13-036-G-06)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
14.
OFFICIAL APPOINTMENTS AND OATHS OF OFFICE - COUNTY ATTORNEY
Pursuant to A.R.S. § 11-409, approve the official appointment of the following deputies and
assistants of the Maricopa County Attorney. Authorize the Clerk of the Board of
Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R.
S. § 38-231.
January 22, 2019
Frederick Petti - Special Deputy County Attorney
January 28, 2019
Alexander Bernard - Legal Support Assistant
Stacie Burney - Legal Support Specialist
Joshua Champion - Detective
Caroline Cundiff - Legal Support Assistant
Bertha Garcia - Detective
Sherry Leckrone - Attorney
Valerie Perez - Legal Support Specialist
Mark Riebs - Legal Support Clerk
Ariadna Rivera - Legal Support Clerk
Pursuant to A.R.S. § 11-409, approve the official appointment of the following law school
students as Deputy County Attorneys in accordance with Rule 38(d) et al, of the Rules of
the Supreme Court of Arizona. These law school students, deemed by the County Attorney
to be qualified under the Arizona Supreme Court Rules, Rule 38(d)(5), will conduct the
prosecution of criminal cases as allowed by Rule 38(d)(3)(b). Authorize the Clerk of the
Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance
with A. R. S. § 38-231.
January 10, 2019
Mackenzie Moore - Rule 38 Law Clerk
Natalie Paasch - Rule 38 Law Clerk
Kristen Shortley - Rule 38 Law Clerk
Victoria Wisthoff - Rule 38 Law Clerk
The County Attorney is an Officer of the County, as enumerated in A.R.S. § 11-401, and
pursuant to A.R.S. § 11-409, such an enumerated County Officer may appoint deputies
and assistants with the consent of the Board of Supervisors.
Rule 38(d) et al, of the Rules of the Supreme Court of Arizona outlines the qualifications of
law school students who can appear in criminal matters, the circumstances in which they
may appear, and the guidelines for their conduct and supervision. These law school
students are provided supervision in accordance with Rule 38(d). (C-19-19-040-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
15.
COUNTY ATTORNEY REQUEST FOR REVIEW OVER BASELINE
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Approve an exception to FY 2020 Budgeting Guidelines and Priorities allowing the review
of requests over baseline:
$8,265,193 in General Fund (100) Operating (1000) for the following:
- $4,336,262 increase in personnel costs
- $2,329,381 increase for performance-based retention pay
- $826,511 increase for various supplies & services
- $549,039 for various grant and special revenue fund changes that impact the general
fund
- $116,000 for four vehicles
- $108,000 increase for overtime
$853,653 in General Fund (100) Non Recurring (1001) for the following:
- $700,000 for various costs associated with the move to 225 W Madison
- $95,255 for security equipment for the Sky Bridge
- $58,398 for two PC/LAN Technicians to assist with the move
This above baseline increase request asks only for what the County Attorney has deemed
necessary to continue to meet the agency’s strategic goals and contribute to the overall
strategic goals of Maricopa County. (C-19-19-041-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Supervisor Chucri commented on the Board embarking on several over-baseline
requests in the agenda. He noted budget challenges and suggested to fellow elected
colleagues that the Board does not foresee acknowledging approval of these types of
over baseline requests. He does not see how to bridge this gap.
Supervisor Hickman noted that he has commented about over-baseline requests for
several years. He asked if the County Attorney participated in the Countywide fleet
study.
Joy Rich, County Manager, responded that the County Attorney’s Office has declined to
participate in the fleet study and is the only elected office that has declined to participate
at this point. She is hoping they will reconsider.
Chairman Gates noted his appreciation to his colleagues pointing out the issue of
requests over baseline. He said the requests are historically high numbers and
concurred with prior comments. There is a lot of need throughout the County and noted
all concerns must be balanced. He looks forward to working in cooperation with the
County Elected Officials in the weeks to come.
A vote was then taken on the motion with the following result:
Ayes: Chucri, Gates, Hickman, Gallardo
Sheriff - Alguacil
16.
AUTHORIZATION TO TRADE SURPLUS AIRCRAFT PARTS
Approve per MC1-803 of the County Procurement Code the exchange of one (1) ‘as is’
engine and C20 parts and accessories for a total trade value of $64,000 with ITP Aero BDA
AeroMaritime, of Mesa, Arizona. Details of the exchange are provided in the attached letter
of Agreement/Understanding. This transaction will be complete by June 30, 2019.
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MCSO consulted with the Office of Procurement Services and extended the offer to bid a
trade on surplus aircraft parts to County contracted vendors. ITP Aero DBA AeroMaritime
was the only vendor to make an offer. The trade is contingent upon Board approval. The
items proposed for trade are surplus and are of no use to the County. (C-50-19-054-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
17.
ANNUAL RENEWAL OF DEEP UNDERCOVER VEHICLE REGISTRATIONS
Approve renewal of deep undercover registrations and exemptions from markings which
includes non-government license plates, per A.R.S. 38-538-03, for Sheriff’s RICO vehicles
that are used for conducting investigations into major felony crimes, narcotics operations,
and organized crime activity throughout Maricopa County.
The Sheriff’s Office maintains a fleet of RICO deep undercover vehicles that are approved
by the Board on a case by case basis as one-time additions to fleet with exemptions from
markings and non-governmental plate registrations.
Annual approval by the Board is required per A.R.S. 35-538-03 in order to renew these
undercover vehicle registrations. The highly confidential list of vehicles will be provided in a
sealed envelope to the Clerk of the Board. (C-50-19-053-V-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
18.
DETECT FINANCIAL CRIMES TASK FORCE MOU WITH THE INTERNAL REVENUE
SERVICE, CRIMINAL INVESTIGATION
Approve the Detect Financial Crimes Task Force Memorandum of Understanding (MOU)
between the Internal Revenue Service, Criminal Investigation and the Maricopa County
Sheriff’s Office, for joint operations/task force expenses from the Treasury Forfeiture Fund
and acceptance of up to $15,000 per officer per federal fiscal year. This MOU is for a
period of two years from the date signed.
The funding award is recurring and has been awarded to the Sheriff’s Office the past 2
years. There is no in-kind or cash match requirement. The Sheriff’s Office indirect cost rate
for FY19 is 18.3%, applicable to the award amount of $15,000 less no capital expenditures
for an indirect cost base of $15,000 and indirect costs of $2,745. Indirect costs are not
addressed in the MOU and therefore will be absorbed by the General Fund. There are no
future or ongoing contributions required after the grant period ends.
This is not a mandated function although it supports the MCSO public safety mandate and
provides a benefit to citizens by assisting with criminal investigations and asset forfeitures
of illegal activities. The emphasis of the Task Force is to pursue investigations on
individuals and organizations that will result in criminal prosecutions and large asset
forfeitures in investigations arising out of the analysis of Suspicious Activity Reports filed by
financial institutions. This is a non-competitive award. This is reimbursement funding that
will be used to pay for the monthly overtime of one MCSO task force member.
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 34 of 70
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 Agreement and acceptance of funding will allow the Sheriff’s Office
reimbursement of overtime for officers participating in joint operations/task forces with a
federal agency participating in the Treasury Forfeiture Fund. (C-50-19-052-G-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
19.
IGA WITH CITY OF BUCKEYE TO REIMBURSE HIDTA OVERTIME
Approve an IGA with the City of Buckeye that allows MCSO to reimburse overtime of the
Buckeye peace officer assigned to the Maricopa County High Intensity Drug Trafficking
Area (HIDTA) Maricopa County Drug Suppression Task Force (MCDST) that is
administered by MCSO. This IGA is effective retroactive to January 1, 2019 and ends
December 31, 2019. The value of this IGA is not to exceed $7,500. The City of Buckeye
has been a HIDTA partner for several years. (C-50-19-055-3-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
20.
ONE TIME ADDITIONS TO RICO FLEET
Approve two (2) one-time additions to the Sheriff's RICO vehicle fleet as follows: 1) one
Toyota valued at $18,644; and 2) one Nissan valued at $5,533. These vehicles were
seized during MCSO investigations and have been ordered by the Court for forfeiture. They
will be used by MCSO for special investigative purposes and replace two RICO one-time
vehicles that have reached the end of their useful lives. Annual operating costs are
supported by RICO (212) funds. These are one-time additions to fleet that will be retired
when they are no longer useful with no funding from the General Fund for replacement.
Also approve per A.R.S. §38-538.03 exemptions from markings and undercover Arizona
registrations and license plates. (C-50-19-056-V-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
21.
ESTABLISH ADMINISTRATIVE BANK ACCOUNT
Authorize establishment of a new Administrative Bank Account at Chase Bank for the
purpose of expediting ACH transfers of Inmate Trust Account funds to cover amounts on
pre-paid debit cards issued upon an Inmate’s release.
MCSO became cashless in the jails in 2015 opting to use pre-paid debit cards in its inmate
release process to return cash held in inmates’ names in the Inmate Trust Account. MCSO
currently initiates a daily ACH transfer to reimburse the pre-paid card vendor for the
previous days’ releases. This process takes more than the 24 to 48-hour standard
acceptable processing time. Establishment of this new administrative account would
expedite the process. This account would be funded with a standing balance of $50,000 to
allow prompt reimbursement to the debit card vendor and minimize MCSO’s exposure to
loss. MCSO is working cooperatively with the Treasurer’s Office and County Department of
Finance for approval of the application. (C-50-19-057-2-00)
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 35 of 70
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
22.
SHERIFF'S OFFICE REQUEST FOR REVIEW OF ITEMS OVER BASELINE
Approve an exception to the FY2020 Budgeting Guidelines and Priorities allowing the
Budget Office to review the following Maricopa County Sheriff’s Office (MCSO) requests
over Baseline totaling $26,280,000 plus $9,439,000 to be set aside in non-departmental
detention contingency.
1) $200,000 in General Fund (100) Non-Recurring (NRNP) for Compliance (MEL1) – to
fund new sworn officer exams.
2) $408,000 in General Fund (100) Operating (OPER) for Compliance (MEL0) – to fund
five (5) positions and annual content management fees for the new website.
3) $2,914,000 in General Fund (100) Non-Recurring (NRNP) – to fund vehicle
replacements, equipment/radios/repair, and increases in Information Technology and other
Technology costs
4) $1,795,000 in General Fund (100) Operating (Oper) – to fund Recruiting/Advertising;
Personnel, Aviation Training, MDC Network plus iPhones, and vehicle transfer.
5) $3,720,000 in Detention Fund (255) – furniture, fixtures, equipment, and site transition
overtime for the ITR.
6) $1,442,000 in Detention Fund (255) Non-Recurring (NRNP) – to fund ongoing costs of
the Shield project.
7) $1,106,000 in Detention Fund (255) Non-Recurring (NRNP) – to fund one-time
equipment and vehicle purchases/replacements.
8) $595,000 in General Fund (100) Operating (Oper) – to fund 14 Law Enforcement
Officers for Court Security at the ITR.
9) $10,800,000 in General Fund (100) non-recurring (NRNP) – to fund a replacement
helicopter.
10) $3,300,000 in General Fund (100) non-recurring (NRNP) – to fund a replacement fixed
wing aircraft.
11) $9,439,000 for ITR positions to be set aside in non-departmental detention contingency
Although the Sheriff’s Office intends to cover as much of these requests as it can within its
appropriation, this request is the mechanism available within the budget process that
allows items to be reviewed in the event funds will not be available.
Approval of this action will allow the Budget Office to review Sheriff's Office items that are
unfunded and may result in FY 2020 above base requests if funding cannot be
accomplished with reallocations within the Sheriff’s appropriation. (C-50-19-058-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Supervisor Hickman stated the request is a significant increase with a new Sheriff’s
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 36 of 70
Intake Transfer and Release (ITR) Facility in the future that will incur staffing needs. He
asked if the request addressed staffing the ITR.
Joy Rich, County Manager, responded that the requested amount of $9.4 million is for
134 additional staff members but the staffing study has not been reviewed. In FY 2013
a staffing study was done and said a review of relocations is necessary as well as the
logistics of previous moves of detention officers. If this request is approved, nearly 400
detention officers will need to be hired and there is concern about the staffing needs of
the ITR. She noted the need to work in cooperation with the Sheriff’s Office to find
exactly what the need is and how the ITR will be safely staffed when the opening
happens.
Supervisor Hickman asked when the staffing study was requested, started and when
the report should have been given to Ms. Rich. He is assuming the study was done on
a timeframe as the County is now going into budget review for the new year.
Mr. Rich stated she is not aware of when the staffing study was started. During budget
presentation they were not going to request the positions, so she assumed that meant
the staffing analysis had not been completed at that point. Previously, for the opening
of the Lower Buckeye Jail and 4th Avenue Jail studies were done about two years out.
The County needs to be looking into this. A third party will need to be brought in to vet
those numbers. I hope that the message will be that now is the time to work together to
get the numbers right and come to some kind of resolution.
Supervisor Chucri said the reason why the Board made the reforms over the past six
years is because of these very types of studies. So whether it’s the County Attorney not
wanting to participate in the vehicle study, etc. we do not have time. So we need our
fellow colleagues and elected officials to come along with us or else they will be left
behind because we do not have time to waste. As a Board we need to be in unison
sharing this concern with our fellow electeds that if they do not get ready, the Board will
need to make decisions without the proper inputs.
Chairman Gates concurred with Supervisor Chucri’s comments and thanked Supervisor
Hickman for his insightful questions.
A vote was taken on the motion with the following result:
Ayes: Chucri, Gates, Hickman, Gallardo
School Superintendent - Superintendente de Escuelas
23.
AMENDMENT TO SOLE SOURCE CONTRACT WITH TYLER TECHNOLOGIES, INC.
FOR THE INFINITE VISIONS APPLICATION
Approve Amendment No. 5 of sole source contract (#09028-SS) with Tyler Technologies,
Inc. for support, maintenance and licensing of the Infinite Visions applications adding
Glendale Union High School District #205.
Approve an increase of $53,340 to the expenditure limit for Contract 09028SS, a sole
source contract with Tyler Technologies, from $2,125,636 to $2,178,976 to fund this
amendment. (C-37-09-011-3-06)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Treasurer - Tesorero
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 37 of 70
24.
APPLICATION FOR TREASURER’S DEEDS BY BOARD OF SUPERVISORS ON
BEHALF OF STATE
Pursuant to ARS §42-18261, on behalf of the State of Arizona, apply and receive
Treasurer’s Deeds for the properties identified by the Treasurer as parcels that have
unredeemed liens assigned to the State as listed below, and authorize the Treasurer to
take all actions necessary in order to deliver such deeds. (C-43-19-028-7-00)
101-40-012B
114-24-058
141-44-178
215-39-069
302-48-005H
101-40-932
114-28-106
141-63-884
215-39-070
302-48-718B
102-08-222D
116-32-122
141-68-219
216-49-012Q
303-53-005A
102-08-222E
116-32-125B
141-78-008E
216-49-012S
304-10-002A
102-08-222M
117-11-117A
142-26-360
217-01-008R
304-53-147
102-30-005R
117-11-132A
142-27-263
217-27-536M
304-69-986
102-30-006
117-14-101
142-37-036C
218-04-171
304-78-016A
102-30-011
117-19-111A
142-61-015D
218-04-172
304-88-061U
102-30-101
119-08-046M
144-37-393
218-54-515B
304-91-185
102-30-177
119-26-001C
145-14-292
218-54-516A
304-92-250
102-30-178
119-30-054
151-20-053B
219-18-008R
304-92-251
102-30-415
120-34-112
152-13-012D
220-07-024G
304-93-556
102-30-509
120-34-114
158-21-030H
220-12-016Q
401-43-943
102-30-568
121-76-134
159-03-740
220-19-002Q
401-43-944
102-30-569
122-36-008A
159-06-030F
220-21-366
402-11-001B
102-53-106
122-54-122
164-71-236
220-21-420
402-13-030
103-53-077C
125-03-020D
174-18-073C
220-21-421
501-33-977
104-10-003Q
125-30-077A
175-01-167
220-43-001S
502-63-009H
104-78-015G
126-17-036B
200-08-472
220-45-113
503-02-029D
104-84-017E
126-22-089
200-52-019H
220-45-114
503-32-332E
105-56-065B
127-13-092F
201-06-029J
220-45-121
503-35-065
105-81-130
130-15-059C
201-16-030F
231-07-249D
503-39-002T
105-84-602
130-33-017B
205-16-104
300-12-009P
503-55-003N
105-89-007N
131-48-165
207-03-003N
300-12-010F
503-55-023N
108-21-002M
132-60-011C
211-61-009F
300-16-024K
505-47-003B
109-34-018B
134-15-022A
211-69-041G
300-27-029E
506-43-058B
110-19-115
134-34-004K
212-32-108C
300-27-029D
506-43-118L
110-51-021D
137-01-226
213-26-447
300-30-007R
506-59-020
111-34-101
139-04-120B
214-10-011N
300-36-994N
506-59-023
113-11-079
139-26-125B
214-20-450
300-77-004U
506-59-045
113-29-002
141-15-788B
214-36-040
301-14-026B
506-59-048
114-24-057
141-35-018
215-34-293B
302-30-610
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 38 of 70
25.
TREASURER’S OFFICE REQUEST FOR REVIEW OF ITEMS OVER BASELINE
Approve an exception to the FY 2020 Budget Guidelines and Priorities allowing the Budget
Office to review and analyze the following Treasurer's Office requests over Baseline for the
General Fund totaling $2,824,572.
1. $1,761,348 in Fund 100 (General Fund) Operating
2. $1,063,224 in Fund 100 (General Fund) Non-Recurring
Review of the following operating items is requested: Four new FTEs ($415,954);
Conversion of three Contract FTEs to Regular FTEs ($352,059); increases for training
($46,813); critical retentions ($20,378); software ($158,416), budget realignment
($208,588), and mailing ($559,140).
Review of the following one-time items is requested: Four ULTIS project backfill positions
($225,324) and refresh of the legacy property tax system ($837,900). (C-43-19-029-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Supervisor Hickman noted the amount is significant and asked what the percentage of
increase was based on the total budget.
Joy Rich, County Manager, said Cindy Goelz would respond to the question.
Cindy Goelz, Director of Budget, stated it is close to a 50% increase and stated the
operating budget is in the $4 million range.
Chairman Gates thanked Ms. Goelz for her work.
A vote was then taken on the motion with the following result:
Ayes: Chucri, Gates, Hickman, Gallardo
JUDICIAL BRANCH - PODER JUDICIAL
Adult Probation - Libertad Condicional de Adultos
26.
ADULT PROBATION GRANTS FOR FY2019
Accept the FY 2019 grants and associated revenue for the Adult Probation Department of
the Judicial Branch in the amount of $2,795,035 total. The indirect cost rate as of July,
2018 is 13.3% as approved by the Department of Finance. Some of the grants for FY 2019
do not allow indirect cost recovery as reflected in the funding agreements filed with the
Department of Finance. The status of indirect costs for each grant is on file in the office of
the Clerk of the Board in accordance with ASLAPR retention policy. The amount of indirect
costs on eligible expenditures are estimated to be $328,888 with $287,165 as
unrecoverable and $41,723 as recoverable. Total in-kind matching amount is $161,113.
Also, pursuant to A.R.S. § 42-17106, approve appropriation adjustments resulting in a net
increase to revenues and expenditures of $288,991 in FY 2019 Adult Probation (D110)
Grants Fund (211) Operating (OPER) budget. Approval of this item will result in an overall
appropriation of $2,795,035 for revenues and expenditures in the Adult Probation (D110)
Grants Fund (211) Operating (OPER) budget.
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 39 of 70
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 request does not alter the budget constraining the expenditures of local revenues
adopted by the Board of Supervisors pursuant to A.R.S. § 42-17105.
The agenda item includes reoccurring and non-reoccurring grants. Future ongoing
contributions may or not be required after the grant award periods end. Grant awards fulfill
judicial mandated services. Grant awards are competitively and non-competitively bid. The
total cost the department’s operating budget will absorb is $0.00.
Superior Court policy # F-210, approved by Presiding Judge Robert D. Myers in June,
1995, adopted for the Judicial Branch a policy for the administration of grant funding. The
policy states that the Presiding Judge will make a presentation to the Board of Supervisors
on an annual basis of the Judicial Branch’s grants. (C-11-19-002-2-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Justice Courts - Tribunales de Justicia
27.
APPOINTMENT OF JUSTICE OF THE PEACE PRO TEMPORE FOR JUSTICE COURTS
IN MARICOPA COUNTY
Pursuant to A.R.S. § § 22-121, approve the appointment of the following individual as a Pro
Tem Justice of the Peace for the period February 13, 2019 through December 31, 2019.
The names presented are at the request and recommendation of the Maricopa County
Justices of the Peace, and the approval of the Presiding Judge of Superior Court.
Pro Tem Reappointment
Daniel Dodge (C-24-19-005-9-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Juvenile Probation - Libertad Condicional de Menores
28.
JUVENILE PROBATION GRANTS FOR FY2019
Accept the FY 2019 grants and associated revenue for the Juvenile Probation Department
of the Judicial Branch in the amount of $3,493,387 total. The indirect cost rate as of July,
2018 is 23.3% as approved by the Department of Finance. Some of the grants for FY 2019
do not allow indirect cost recovery as reflected in the funding agreements filed with the
Department of Finance. The status of indirect costs for each grant is on file in the office of
the Clerk of the Board in accordance with ASLAPR retention policy. The amount of indirect
costs on eligible expenditures are estimated to be $738,240 with $738,240 as
unrecoverable and $0 as recoverable. Total matching amount is $68,081.
Also, pursuant to A.R.S. § 42-17106, approve appropriation adjustments resulting in a net
increase to revenues and expenditures of $27,950 in FY 2019 Juvenile Probation (D270)
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 40 of 70
Grants Fund (227) Operating (OPER) budget. Approval of this item will result in an overall
appropriation of $3,493,387 for revenues and expenditures in the Juvenile Probation
(D270) Grants Fund (227) Operating (OPER) budget.
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 request does not alter the budget constraining the expenditures of local revenues
adopted by the Board of Supervisors pursuant to A.R.S. § 42-17105.
The agenda item includes reoccurring and non-reoccurring grants. Future ongoing
contributions may or not be required after the grant award periods end. Grant awards fulfill
judicial mandated services. Grant awards are competitively and non-competitively bid. The
total cost the department’s operating budget will absorb is $0.00.
Superior Court policy # F-210, approved by Presiding Judge Robert D. Myers in June,
1995, adopted for the Judicial Branch a policy for the administration of grant funding. The
policy states that the Presiding Judge will make a presentation to the Board of Supervisors
on an annual basis of the Judicial Branch’s grants. (C-27-19-002-2-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
Superior Court - Tribunal Superior
29.
SUPERIOR COURT ADMINISTRATION GRANTS FOR FY2019
Accept the FY 2019 grants and associated revenue for Superior Court Administration of the
Judicial Branch in the amount of $6,056,806 total. The indirect cost rate as of July, 2018 is
69.1% as approved by the Department of Finance. Some of the grants for FY 2019 do not
allow indirect cost recovery as reflected in the funding agreements filed with the
Department of Finance. The status of indirect costs for each grant is on file in the office of
the Clerk of the Board in accordance with ASLAPR retention policy. The amount of indirect
costs on eligible expenditures are estimated to be $3,432,683 with $2,690,081 as
unrecoverable and $742,602 as recoverable. Total matching amount is $236,998.
Also, pursuant to A.R.S. § 42-17106, approve appropriation adjustments resulting in a net
increase to revenues and expenditures of $1,974,719 in FY 2019 Superior Court (D800)
Grants Fund (238) Operating (OPER) budget. Approval of this item will result in an overall
appropriation of $6,056,806 for revenues and expenditures in the Superior Court (D800)
Grants Fund (238) Operating (OPER) budget.
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 request does not alter the budget constraining the expenditures of local revenues
adopted by the Board of Supervisors pursuant to A.R.S. § 42-17105.
The agenda item includes reoccurring and non-reoccurring grants. Future ongoing
contributions may or not be required after the grant award periods end. Grant awards fulfill
judicial mandated services. Grant awards are competitively and non-competitively bid. The
total cost the department’s operating budget will absorb is $0.00.
Superior Court policy # F-210, approved by Presiding Judge Robert D. Myers in June,
1995, adopted for the Judicial Branch a policy for the administration of grant funding. The
policy states that the Presiding Judge will make a presentation to the Board of Supervisors
on an annual basis of the Judicial Branch’s grants. (C-80-19-003-2-00)
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 41 of 70
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO
Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn
30.
AMENDED CERTIFICATIONS AND ASSURANCES FOR EDWARD BYRNE JUSTICE
ASSISTANCE GRANT PROGRAM FY2018
Authorize the Chairman to sign the new Certifications and Assurances for the Justice
Assistance Grant (JAG) 2018. Terms of the Agreement remain the same; however, the
signature page for the Chief Executive has been modified and must conform to the Federal
Guidelines.
The item was originally approved August 15, 2018 (C-95-19-002-G-00). (C-95-19-002-G-
01)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
COUNTY OFFICES AND DEPARTMENTS
DEPARTAMENTOS Y OFICINAS DEL CONDADO
Air Quality - Calidad del Aire
31.
AMENDMENT TO RIGHT OF ENTRY AND ACCESS AGREEMENT
Approve and authorize the Chairman to execute Amendment No. 2 to Right of Entry and
Access Agreement for Air Quality Monitor at Phoenix Deer Valley Airport (P-50263), at 702
West Deer Valley Road, Phoenix, AZ 85027.
Amendment No. 2 will extend the term of the Access Agreement and allow the County
continued use of the site for air quality monitoring purposes through March 10, 2020,
unless terminated earlier as provided in the Access Agreement, as amended. This is the
second of two (2) one (1) year extensions by mutual agreement of the Parties. There is no
cost to the County. Either Party may terminate the Access Agreement with a 90-day notice
to the other party. (C-85-15-019-3-02)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
Animal Care and Control Services - Servicios de Control y Cuidado de Animales
32.
DONATIONS IN EXCESS OF $250 FOR DECEMBER 2018
Accept the unrestricted monetary donations in excess of $250, totaling $22,319, 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
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 42 of 70
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-79-19-077-D-00)
Chairman Gates thanked the donors for the donations in items 32 through 34.
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
33.
DONATION FROM BISSELL PET FOUNDATION FOR ADOPTION FEES
Accept the restricted monetary donation in the amount of $14,693.55 from the Bissell Pet
Foundation for the sponsored adoption fees of 129 cats and dogs during a Bissell Empty
the Shelters 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-79-19-078-D-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
34.
DONATION FROM MADDIE'S FUND FOR THE WATER AND POO CREW
Accept the restricted monetary donation of $5,000 from Maddie's Fund to be used to
create, market, and maintain the "Water and Poo Crew". This group will consist of
volunteers, at both the East and West shelters, dedicated to cleaning kennels.
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-79-19-079-D-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
Correctional Health - Salud Correccional
35.
MOU WITH MERCY CARE REGARDING COLLABORATIVE PROTOCOL
Approve a(n) Memorandum of Understanding between Mercy Care and Maricopa County
through the Department of Correctional Health Services, for the purpose of establishing a
collaborative protocol for effective communication, coordination and continuity of care for
individuals eligible for services provided by Mercy Care who are also served by MCCHS.
This Memorandum of Understanding is non-financial and is effective from February 13,
2019 until February 12, 2020.
The purpose of this MOU is to establish a collaborative protocol for effective
communication, coordination and continuity of care as outlined in AMPM Policy 1020 and
1050, for individuals eligible for services provided by Mercy Care who are also served by
MCCHS. (C-26-19-011-3-00)
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 43 of 70
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
County Administration - Administración de Condado
36.
REQUEST FOR REVIEW OVER BASELINE FOR THE COUNTY MANAGER'S OFFICE
(D200)
Approve an exception to the FY 2020 Budgeting Guidelines and Priorities allowing the
review of requests over baseline for the General Fund (Fund 100) totaling $353,369.00.
1. Operating expenses for Communications to include increases to subscriptions,
maintenance contracts, software licenses, replacement of aging monitors in common
areas, digitizing 25 years of videos stored on obsolete formats, and marketing materials to
support 2020 Census.
2. Three additional positions (plus benefits) to expand capacity of the Continuous
Improvement Team in support of Chairman’s priorities. Includes requests for phones,
laptop computers and hardware, and necessary software licenses. (C-20-19-007-2-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Emergency Management - Administración de Emergencia
37.
AMENDMENT TO AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND
SECURITY TO EXTEND PERIOD OF PERFORMANCE FOR EMERGENCY PLANS
SOFTWARE
Approve Amendment for the Arizona Department of Homeland Security AZDOHS-HSGP-
180205-02 (CFDA #97.067) for the regional use of Emergency Plans Software for
Maricopa County and jurisdictional partners. The original grant award period was October
1, 2018 thru September 30, 2019. The new award period is October 1, 2018 thru
November 30, 2019. All other terms of the original Sub grantee Agreement remain
effective. (C-15-18-004-G-02)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
38.
AMENDMENT TO AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND
SECURITY
TO
EXTEND
PERIOD
OF
PERFORMANCE
FOR
SATELLITE
CONNECTIVITY
Approve Amendment to an Agreement between Arizona Department of Homeland Security
18-AZDOHS-HSGP-180205-03 (CFDA#97.067) and Maricopa County through the
Department of Emergency Management. The original grant award period was October 1,
2018 thru September 30, 2019. The new award period is October 1, 2018 thru January 31,
2020. All other terms and condition of the Agreement remain in full force and effect. (C-15-
18-005-G-02)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 44 of 70
Enterprise Technology - Tecnología Empresarial
39.
OFFICE OF ENTERPRISE TECHNOLOGY REQUEST FOR REVIEW OVER BASELINE
Approve the exception to the Fiscal Year 2020 Budget Guidelines and Priorities allowing
the review of the following request over baseline:
1. $588,622 in General Fund (100) Operating (1000)
2. $3,457,367 in General Fund (100) Major Maintenance Operating (ITMO) Increase
3. $2,823,831 in General Fund (100) Non Recurring (NRNP)
1. The General Fund Operating increase includes
a. budget request is to add four (4) Information Security positions to OET - these positions
had been funded as contractors over the past several years and these now need to be part
of our permanent information security team ($499,185) and
b. new and increased maintenance costs netted with savings in other areas ($89,437).
2. The General Fund Major Maintenance increase the ongoing support of critical software
and hardware, specifically
a. FireEye information security tool ($1,977,086) – FireEye provides critical information
security functionality including monitoring of data traffic to detect potential malware,
detecting if malware tries to operate on a given system and shuts it off and monitoring for
phishing attacks. FireEye was purchased in Fiscal Year 2014-2015, along with a
prepayment of five (5) years of maintenance.
b. VMWare ($1,650,879) – VMWare is the fundamental software that allows for the
conversion from physical servers to virtual or software-based servers. We are extensively
virtualized and VMWare will be an ongoing component of our enterprise infrastructure. This
request is for the second year of a three (3) year Enterprise License agreement (ELA). The
first year ELA payment was funded by Non Recurring funds, but this is a recurring cost.
c. A net decrease of $170,598 on all other existing operating costs due to data center lease
decreases.
3. The General Fund Non Recurring (NRNP) request includes costs to allow OET to
a. move forward with innovation efforts in support of the County’s strategic objective to
become a more digital County by 2022 (1,500,000);
b. complete the Office 365 migration project (1,072,897);
c. provide storage increase on behalf of Environmental Services ($100,003); and
d. provide system tools, desktop/laptop replacements, Maximo professional services and
storage increases on behalf of Facilities Management ($150,931). (C-41-19-001-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Equipment Services - Servicios de Equipo
40.
TERMINATION OF IGA WITH THE CITY OF BUCKEYE REGARDING COOPERATIVE
USE OF FUEL
Approve termination of Intergovernmental Agreement with Maricopa County and the City of
Buckeye for the sale of fuel from County fueling stations to the City of Buckeye. This
termination is mutually agreed upon between both parties effective February 15, 2019.
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 45 of 70
The County entered into an IGA agreement with City of Buckeye on July, 2009 under C-74-
09-006-3-00. The IGA was renewed on July, 2014 under C-74-14-004-3-00. They City of
Buckeye has built its own fueling station and will no longer require the County's fueling
services. (C-74-19-001-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Finance - Finanzas
41.
REVISIONS TO FINANCE COUNTYWIDE POLICIES
Approve the revisions to the following Finance prepared countywide policies:
• A2500 – Petty Cash Fund and Change Fund Policy. F2500 was originally adopted in April
1998, and renamed and revised on February 21, 2007 (C-18-07-020-6-00, C-18-07-021-6-
00, C-18-07-022-6-00 and C-18-07-023-6-00).
• A2504 – Establishing Administrative Bank Accounts Policy. A2504 was originally adopted
in May 2000, and revised on May 26, 2010 (C-06-10-475-6-00, C-06-10-476-6-00, C-06-
10-477-6-00 and C-20-10-049-6-00) and revised on June 20, 2012 (C-49-12-097-6-00, C-
49-12-098-6-00, C-49-12-099-6-00, and C-49-12-100-6-00).
• A2509 – Deposit and Investment Risk Disclosures Policy. A2509 was originally adopted
on July 26, 2005 (C-18-06-002-6-00, C-18-06-003-6-00, C-18-06-004-6-00 and C-18-06-
005-6-00).
• A2512 – Electronic Funds Transfer (EFT) Policy. A2512 was originally adopted on
October 19, 2011 (C-18-12-014-6-00, C-18-12-015-6-00, C-18-12-016-6-00 and C-18-12-
017-6-00).
• A2514 – Journal Voucher Policy. A2514 was originally adopted on February 22, 2012 (C-
18-12-028-6-00, C-18-12-029-6-00, C-18-12-030-6-00 and C-18-12-031-6-00).
The revisions to these policies reflect minor changes including consistent terminology,
updated references to the County financial system (if needed), and an updated policy
template.
The attached policies have been reviewed by the County Attorney’s Office and the County
Manager. These policies apply to all County Departments, Elected Officials, and the Flood
Control District of Maricopa County, Maricopa County Library District, and Maricopa County
Stadium District (Special Districts). The Board of Supervisors is authorized to jointly adopt
policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18-
393-6-00, approved on April 11, 2018. (C-18-19-004-6-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Human Services - Servicios Humanos
42.
AMENDMENT TO AGREEMENT WITH ARIZONA COMMUNITY ACTION ASSOCIATION
FOR BILL ASSISTANCE PROGRAM
Approve revenue Amendment No. 3 to the Agreement between Arizona Community Action
Association (“ACAA” dba “Wildfire”) and Maricopa County, administered by its Human
Services Department. The purpose of this Amendment is for ACAA to provide a new
funding line item for administration of Arizona Public Service (APS) Crisis Bill Federal
Employee Assistance.
ACAA will provide the County with $16,000 to assist households with a Federal
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 46 of 70
Government employee impacted by the Federal Government shutdown during 2019. The
funds will expire two (2) months after the Federal Government shutdown ends, at which
time, any unused funds will be rolled into the existing APS Crisis Bill Assistance program
(referred to as APS BA) line item funding. The Amendment shall be effective upon
signature by both parties. The Agreement term is July 1, 2018 to June 30, 2019. The funds
will be utilized to provide APS crisis bill assistance to households in Maricopa County
outside of the City of Phoenix and the City of Mesa who has a household member that is
an employee of the Federal Government and has been out of work due to the Federal
Government shutdown as outlined in Exhibit A, hereby incorporated into the Agreement.
Amendment No. 3 amends the following areas of the Agreement:
1. Section I. Service and Programs – 1.2 Fund Sources:
APS Crisis Bill Federal Employee Assistance Program (APS BA): To provide Direct Service
funding in the amount of $13,333.33 and Program Delivery amount of $2,666.67. The
allocation for APS Crisis Bill Federal Employee Assistance will be $16,000.00 (Direct
Service + Program Delivery).
Unless otherwise noted herein, all other provisions of the original Agreement will remain in
place for the duration of the original Agreement.
With approval of this Amendment, the Agreement ceiling will be increased from
$350,463.39 to $366,463.39.
ACAA contracts with the County on an annual reoccurring, non-competitive basis for
service delivery of the Utility Bill Assistance program.
The Human Services Department FY2019 Indirect cost rate has not been fully negotiated,
but the U.S. Department of Health and Human Services has approved the use of the
FY2018 indirect cost rate to be used. Therefore, the FY2019 indirect cost rate is 22.9% for
salaries and employee related expenses. The total Amendment funds are $16,000 of which
$0 is for salaries and benefits. The total recovered allowable indirect costs is $0. Budget
adjustments will be made when the Indirect rate costs has been fully negotiated and shall
be retroactive to July 1, 2018.
Receipt of the funds from ACAA 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 citizens by providing utility bill assistance to federal employees experiencing
financial difficulties in Maricopa County.
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 Amendment will not impact the County General Fund.
Supervisory District: All (C-22-18-040-3-03)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 47 of 70
43.
AMENDMENT TO AGREEMENT WITH ARIZONA PUBLIC SERVICE FOR ENERGY
WISE LOW INCOME WEATHERIZATION PROGRAM
Approve revenue Amendment No. 014 (No. 14) to the Agreement between Arizona Public
Service (APS) and Maricopa County, administered by its Human Services Department. The
purpose of this Amendment is for APS to provide funds for the Energy Wise Low-Income
Weatherization Program.
APS will provide the County with $500,000, the funding period of availability is retroactive
to January 1, 2019 through December 31, 2019. 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 are APS customers.
APS contracts with the County on an annual reoccurring, non-competitive basis for service
delivery of the Energy Wise Low-Income Weatherization Program.
Amendment No. 14 amends the following areas of the Agreement:
1. Defined Terms. Defined terms not otherwise defined herein shall have the meaning set
forth in the Original Contract.
2. Term. Section 1 of the Agreement is hereby amended to provide that the Original
Contract terminates on December 31, 2019. This Agreement is subject to cancellation by
the Parties in accordance with the provisions of Arizona Revised Statutes § 38-511.
3. Allocation. The Allocation amount set forth in Section 3.A. shall be increased by
$500,000 The funds provided are for provision of the Energy Wise Low Income
Weatherization Program. However, if the Arizona Corporation Commission does not
approve the APS 2019 DSM Implementation Plan Energy Wise Low Income
Weatherization Program budget as stated in APS’ filing, then the allocation amount for the
2019 calendar year shall be adjusted based on the ACC’s ruling.
4. Invoicing. The invoicing process specified under Section 3.G (Compensation/Taxes) of
the Original Contract shall be amended to “Each invoice shall include a summary sheet
with the number of homes weatherized, expenditures summarized by the following
categories:
Weatherization
Expenditures;
Health
and
Safety
Expenditures;
Repair/Replacement Expenditures; Program Delivery Expenditures; and Energy Education
fees; and an attachment indicating total expenditures by customer account number,
customer name and address.
Until further notice, the Contractor will email monthly invoices in a PDF or JPG format to:
Payables2@aps.com
With a copy to:
Chris.C.Baker@aps.com
5. Weatherization Assistance Program Rule Exemptions. Specifically, APS funds will be
leveraged with other funds whenever possible, but can be used for stand-alone jobs if
leveraging funds are not available or limited. Weatherization activities can be extended to
more than one project per home to allow additional measures to be implemented within the
program calendar year.
6. For Lack of Regulatory Approval. In the event that the Program is not approved by the
Arizona Corporation Commission ("ACC") or in the event that such approval is
subsequently withdrawn or significantly changed, then the Company may immediately
terminate this agreement upon written notice to Supplier.
7. Subsequent Year Allocation. Per the original Agreement, Section 3.A, the Allocation may
be amended from time to time by APS. With regards to cost Allocation plans, APS reserves
the right to review sufficient verification and pertinent reporting data as of November 1st of
the 2019 program year and based on the percent of the Allocation spent, authorize the
subsequent year Allocation forecast on this basis. However, if the 2019 year spend is equal
to or more than 75% of the Allocation by November 1st, then the subsequent year
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Wednesday, February 13, 2019
Page 48 of 70
Allocation shall be based on 100% of the Allocation as specified in the APS 2019 DSM
Implementation Plan, subject to approval by APS or the “ACC”.
8. Scope of Services. Section 2.I.4. The Contractor will continue to save REM files from
every home audited utilizing Architecture Energy REM software and weatherized during the
course of the contract year and in their original electronic format. The Contractor will
provide the REM files in a suitable electronic format for analysis and audit within 15 days of
a request by APS. To ensure and secure the data, the Contractor will be required to
maintain an electronic backup. Data must be retained for a minimum of three years.
9. Final Invoice. A final invoice for the Term shall be submitted to APS by December 14,
2019. For work performed after that date and to the end of the Term, the Agency must
email an estimate of expenses to the APS program coordinator no later than January 4,
2020. Reimbursement for late invoices for work performed in 2018 will be considered on a
case by case basis.
10. Remaining Terms Unchanged. Except as modified in this Amendment No. 014, all
other terms and conditions of the Original Contract shall remain unchanged.
The Human Services Department FY2019 Indirect cost rate has not been fully negotiated,
but the U.S. Department of Health and Human Services has approved the use of the
FY2018 indirect cost rate to be used. Therefore, the FY2019 indirect cost rate is 22.9% for
salaries and employee related expenses. The total Agreement funds are $500,000 of which
$67,806 is for salaries and benefits. The total estimated indirect costs are $15,528 and fully
recoverable. Budget adjustments will be made when the Indirect rate costs has been fully
negotiated and shall be retroactive to January 1, 2019.
Receipt of the funds from APS 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 citizens by providing assistance to low income residents by reducing 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 the Amendment funding through a future
reconciliation.
The overall grant budget will be adjusted as necessary to accommodate this grant through
future budget reconciliation.
Acceptance of this Amendment will not impact the County General Fund.
The services provided under APS Energy Wise Low Income Weatherization Program are
not a mandated function but provides a benefit to the citizens by providing assistance to
low income residents by reducing their energy burden and improving health and safety
concerns through Weatherization measures. Supervisory District: All (C-22-14-046-3-06)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
44.
AMENDMENT TO AGREEMENT WITH GUADALUPE COMMUNITY DEVELOPMENT
CORPORATION FOR HOME INVESTMENT PARTNERSHIPS ACTIVITIES
Approve Amendment No. 1 to the Agreement between Guadalupe Community
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 49 of 70
Development Corporation (GCDC) and Maricopa County (County) administered by its
Human Services Department.
The purpose of the Amendment is to address the following:
A. Extend the Agreement from February 21, 2019 to July 31, 2021.
B. Revise the existing budget to add $0.15, for a total funding amount of $250,000.15. The
increase amount is required to meet the HOME Investment Partnerships Program
regulations.
All other terms and conditions of the Agreement remain the same and in full force and
effect as approved and amended.
The County contracted with GCDC, a Community Housing Development Organization
(CHDO) to acquire and construct up to four (4) single-family homes for low-income families
in Guadalupe. The Agreement with GCDC is funded by a grant from the U. S. Department
of Housing and Urban Development (HUD), (C-22-16-032-G). The housing activities meet
all HOME Investment Partnerships Program requirements for the required period of
affordability.
Approval of this Amendment does not impact the General Fund. Supervisor District: 5 (C-
22-17-052-3-01)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
45.
AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR
COMMUNITY ACTION ACTIVITIES
Approve revenue Amendment No. 11 to the Intergovernmental Agreement (Agreement)
between Arizona Department of Economic Security (DES) and Maricopa County,
administered by its Human Services Department. The purpose of Amendment No. 11 is to
increase the Case Management service reimbursement ceiling to the Agreement.
DES will provide the County with an increase of $115,735 for the Low-Income Home
Energy Assistance Program (LIHEAP) line item of the Agreement. In accordance with the
Community Action Network Alert issued on December 14, 2018, LIHEAP allocation
adjustment for SFY2019 would be made to increase funding availability. The funding period
of availability is July 1, 2018 to June 30, 2019. The funds will be utilized to provide utility bill
assistance to eligible low-income households in Maricopa County outside of the City of
Phoenix and the City of Mesa.
Amendment No. 11 amends the Agreement as follows:
Case Management service reimbursement ceiling for the period of July 1, 2018 to June 30,
2019 is revised from $5,417,168.00 to $5,532,903.00.
Unless otherwise noted herein, all other provisions of the original Agreement will remain in
place for the duration of the original Agreement.
With approval of this Amendment, the Agreement ceiling will be increase from
$6,477,973.77 to $6,593,708.77.
DES contracts with the County on an annual reoccurring, non-competitive basis for service
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 50 of 70
delivery of the Community Action program activities.
The Human Services Department FY2019 Indirect cost rate has not been fully negotiated,
but the U.S. Department of Health and Human Services has approved the use of the
FY2018 indirect cost rate to be used. Therefore, the FY2019 indirect cost rate is 22.9% for
salaries and employee related expenses. The total Amendment funds are $115,735 of
which $0 is for salaries and benefits. The total recovered allowable indirect costs is $0.
Budget adjustments will be made when the indirect rate has been fully negotiated and shall
be retroactive to July 1, 2018.
Receipt of the funds from DES 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 provide a
benefit to the citizens by providing utility bill assistance, eviction prevention services, rent,
and mortgage assistance to low income individuals and families in Maricopa County.
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 Amendment will not impact the County General Fund. Supervisory
District: All (C-22-15-064-3-11)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
46.
AMENDMENT TO IGA WITH CITY OF AVONDALE FOR HOME INVESTMENT
PARTNERSHIPS ACTIVITIES
Approve non-financial Amendment No. 3 to the Intergovernmental Agreement between City
of Avondale (City) and Maricopa County (County) administered by its Human Services
Department.
The purpose of the Amendment is to address the following:
A. Extend the expenditure period for the 2016 Work Statement from March 9, 2019 to
September 30, 2019. Extending the expenditure period will provide the City with additional
time to complete the 2016 Work Statement.
B. All work performed or costs incurred or expended under the 2016 Work Statement shall
remain reimbursable under the terms of the Agreement through September 30, 2019.
The change removes the reference to the funding amount. This Amendment extends the
term for expending the 2016 Work Statement funds.
The Agreement is for the City of Avondale to provide single-family homebuyer assistance
(down payment and closing costs assistance) and single family housing rehabilitation
programs This Agreement is funded by a grant from the U.S. Department of Housing and
Urban Development (HUD). The City’s housing activities meet all HOME Investment
Partnerships Program requirements for the required period of affordability.
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 51 of 70
All other terms and conditions of the original Agreement, Amendment No. 1 and
Amendment No. 2 remain the same and in full force and effect as approved and amended.
Supervisor District: 4 & 5 (C-22-17-049-3-03)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
47.
ESTOPPEL CERTIFICATE TO LEASE AGREEMENT L-7330 WITH BAR/JCR PHX FLEX
INVESTORS, LLC
Approve an Estoppel Certificate to Lease L-7330 (Lease) on behalf of the landlord,
BAR/JCR PHX FLEX INVESTORS, LLC. and delegate the authority to execute such
Estoppel Certificate to the Director of the Maricopa County Real Estate Department.
The Estoppel Certificate affirms existing conditions of the Lease to a potential lender or
buyer. Section 23 of the Lease requires the County to execute an Estoppel Certificate
within Ten (10) days of receipt of the request to execute the Certificate. The Estoppel
Certificate has been approved as to form by the Deputy County Attorney. There are no
changes to the Lease. Supervisory District: 2 (C-22-03-110-4-09)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
48.
DONATIONS
In accordance with County Policy A2508, accept the donation report from Human Services
Department for donations received in January 2019, for a Cash Value of $2830 from
Carter's located in Gilbert, AZ. Donated items will be utilized by the Head Start program.
(C-06-19-301-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
Parks and Recreation - Parques y Recreación
49.
COMPETITION IMPRACTICABLE TO EPS GROUP FOR DESIGN SERVICES
Approve the single source competition impractical form, for design services to EPS Group
to complete the 100% design documents for the Vulture Mountain Recreation Area
including the park nature center and day use facilities, campground area, Off Highway
Vehicle staging area, park amenities, maintenance yard, parking lots and park staging
area.
The Chief Procurement Officer can approve procurements up to $100,000. This request is
over $100,000 and must be submitted as an agenda item to the Board of Supervisors for
consideration. The EPS Group has worked on the Vulture Mountain project design from
plan inception and recently completed the 60% design documents for the project.
Supervisory District No. 4. (C-30-19-011-M-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 52 of 70
Procurement Services - Servicios de Adquisiciones
50.
PLUMBING SERVICES (190180-S)
Approve the contract for award at an estimate of $2,000,000.00 over one (1) year until
February 29, 2020 with four (4) one-year renewal options. The effective date of the contract
will be March 1st, 2019. The purpose of the contract is to provide to Maricopa County with
comprehensive plumbing services including but not limited to repairs, replacements (or
alterations) to water lines, gas lines, sewer lines, storm drains, water heaters and all
devices common to the plumbing industry. This contract also provides mechanical cleaning
of sewers lines within all County – owned facilities. Multiple agencies use this contract to
obtain plumbing services for various County owned facilities.
It is requested by the FMD that the Chief Procurement Officer approve the subject award to
the Lowest Priced, Responsive responsible respondent as recommended.
Irontree Construction
Hernandez Companies
TD Industries (C-73-19-019-3-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
51.
ADAPTIVE REUSE, 225 W. MADISON BUILD-BACK (171061-CMR) PHASE II GMP#2
Approve change order number one (1) issued to Layton Construction for Phase 2 (Build-
Back), GMP 2 of the Adaptive Reuse project (225 W. Madison). This change is for
requested access control and surveillance system changes in addition to ballistic
windows/doors and related HVAC changes for a total change order of $550,205 increasing
the contract value from $67,723,304 to $68,273,509. (C-73-18-006-5-01)
LAYTON CONSTRUCTION COMPANY LLC
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
52.
FLOOD CONTROL BUILDING HVAC UPGRADES (190061-DBB)
Approve the Contract for Award to Pueblo Mechanical and Controls, Inc., for
$1,586,340.00. The purpose of the contract is to provide HVAC construction services to
upgrade the Flood Control Building located at: 2801 W. Durango Street, Phoenix, AZ. (C-
73-19-020-5-00)
Pueblo Mechanical and Controls
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
Public Defense Services - Servicios de Defensa Pública
53.
PUBLIC DEFENSE SERVICES REQUEST FOR REVIEW OVER BASELINE
Approve an exception to the FY 2020 Budgeting Guidelines and Priorities allowing the
review of Public Defense Services budget requests over baseline. Pending review and
potential updates based on January actuals, the following requests are forecasted at this
time totaling $523,824 to be set aside in Non Departmental Contingency:
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• Mental Health/Maryvale $271,886 (Operating Expense, Fund 100)
• Violation of Probation Representation 7% Additional Demand to Contract Counsel
$163,998 (Operating Expense, Fund 100)
• Non-Capital Felony Representation 1% Additional Demand to Contract Counsel $87,940
(Operating Expense, Fund 100)
Funding for growth in case demand and select open case volume increases is anticipated
based on forecasted needs for the constellation. The above amounts were determined
following an analysis of case volume historical trends and current demands. The financial
amounts are the forecasted costs for the growth if it materializes. These amounts are in
addition to the $1,035,489 already set aside in Non Departmental Contingency. (C-56-19-
001-M-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
Public Health - Salud Pública
54.
ADMINISTRATIVE UPDATE TO RECOGNIZE NEW OWNER / LESSOR UNDER LEASE
L-7431
Approve an administrative change to Lease Agreement No. L-7431 (“Agreement”) to
recognize SF PHX Ventures, LLC, an Arizona limited liability company, as the new property
owner and successor landlord regarding the Public Health WIC lease of office and clinic
space at 8828 North Central Avenue, Phoenix, AZ 85020.
WIC leases are supported by IGA ADHS19-207429, now known as CTR040876, approved
8/29/2018 as C-86-19-013-3-00.
Pursuant to Sections 9.1 and 10 of the Agreement, the County recently received formal
notice that SF PHX Ventures, LLC is the new property owner and successor Lessor of the
lease agreement via Special Warranty Deed as recorded with the County Recorder at
instrument number 2019-0016107. All rent payments and Notices under the Agreement
shall henceforth be sent to SF PHX Ventures, LLC, c/o Aashish M. Parekh, 7227 E.
Baseline Road, Suite 104, Mesa, AZ 85209. The County may terminate the Agreement for
non-appropriation of funds or pursuant to A.R.S. § 38-511. (C-86-11-086-1-04)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
55.
PURCHASE ORDER FOR IGA WITH ARIZONA DEPARTMENT OF HEALTH
SERVICES FOR DENTAL SEALANT SERVICES PROGRAM
Approve a retroactive Purchase Order (PO) No. PO0000033414 for Intergovernmental
Agreement (IGA) No. ADHS18-175153, Office of Oral Health (OOH) Dental Sealant
Services 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. The retroactive status is due to an
ADHS installation of their new Arizona Procurement Portal and the late processing of
these purchase orders.
The DS 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
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provides a benefit to the citizens by providing the DS 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.
The PO effective period is from January 1, 2019 through December 31, 2019 in the
amount of $415,293.00 for a cumulative, not to exceed amount from $576,444.00 to
$991,737.00, The IGA term is January 1, 2018 through December 31, 2022.
MCDPH’s indirect rate for FY 2018-19 is 18.9%. The indirect costs are estimated at
$66,014, all of which is 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 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-
18-060-3-05)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
Real Estate - Bienes Raíces
56.
AGREEMENT WITH SRP FOR TORTILLA FLAT RADIO SITE
Approve and authorize the Chairman to execute a Site Specific Supplemental Agreement
(SSSA) G-30210 with Salt River Project Agricultural Improvement and Power District (SRP)
for the purpose of backhaul of the County’s radio bandwidth via the SRP fiber optic network
as allowed per Intergovernmental Agreement G-30156 with SRP (C-18-13-033-3-00), as
amended by Amendment No. 1 (C-18-13-033-0-01).
This SSSA G-30210 allows Maricopa County the right to use the SRP fiber optic network.
This SSSA will support the implementation of the County’s Radio System Upgrade Project.
All funding for costs associated with the backhaul of the County’s radio bandwidth via the
SRP fiber optic network at Tortilla Flat radio site as contemplated by this SSSA G-30210
are part of the County’s Radio System Upgrade Project budget (C-73-13-077-7-00). (C-78-
19-008-3-00)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
Transportation – Transportación
57.
ANNEXATION BY THE CITY OF CHANDLER
Pursuant to A.R.S. §9-471(N), approve the annexation by the City of Chandler of County
right-of-way within: Willis Road between McQueen Road and One-Quarter mile east of
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McQueen Road, in accordance with Resolution No. 5204. (C-64-19-112-M-00)
(General Vicinity: Willis Road and McQueen Road. Supervisory District No. 1)
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
58.
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-06-19-324-7-00)
A.
D23333
(JR)
Project #: TT0497 – Olive Avenue (Citrus to Cotton) – Easement
Maricopa County Municipal Water Conservation District Number One
at no cost
B.
D23502
(JR)
Project #: TT0562 – Olive Avenue (Sarival to Reems) – Assessor’s
Parcel #: 501-42-015 – Relocation Assistance – Rosario Carrillo for
the sum of $15,000.00
C.
DD-10865
(JR)
Project #: TT0008 – (N. Signal Butte Rd. & E. Brown Rd.) Assessor’s
Parcel #: 220-04-013L – Warranty Deed – Burns Investments, LLC for
the sum of $10.00
D.
DD-10865
(JR)
Project #: TT0008 – (N. Signal Butte Rd. & E. Brown Rd.) Assessor’s
Parcel #: 220-04-013L – Purchase Agreement and Escrow Instructions
– Burns Investments, LLC
Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES
Board of Supervisors - Junta de Supervisores
59.
APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Approve the appointment of Susan Hout, representing the Town of Youngtown as Alternate
representative to the Community Development Advisory Committee. The term of her
appointment will be effective as of board approval through June 30, 2019. (C-06-19-289-7-
00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
60.
REAPPOINTMENT TO THE SELF-INSURED BENEFITS TRUST FUND, BOARD OF
TRUSTEES
Approve the reappointment of Aaron Kyle Bacon to the Self-Insured Benefits Trust Fund,
Board of Trustees, representing Supervisorial District 4. The term of his reappointment will
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be effective February 25, 2019 through February 24, 2023. (C-06-19-316-7-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
61.
REAPPOINTMENT TO THE CITIZENS' AUDIT ADVISORY COMMITTEE
Approve the reappointment of Ramon Ramirez to the Citizens' Audit Advisory Committee,
representing Supervisorial District 4. The term of the reappointment will be effective as
of the date of Board approval through February 8, 2021. (C-06-19-317-7-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: Chucri, Gates, Hickman, Gallardo
Industrial Development Authority - Autoridad para el Desarrollo Industrial
62.
ADOPT A RESOLUTION APPROVING THE ISSUANCE OF BONDS FOR THE BENEFIT
OF HERITAGE ACADEMY, INC.
Adopt a Resolution approving the proceedings of The Industrial Development Authority of
the County of Maricopa for the issuance of its Charter School Revenue Bonds (Heritage
Academy - Maricopa Campus), Series 2019 to be issued in one or more tax-exempt and/or
taxable series, in an aggregate principal amount not to exceed $20,000,000. (C-94-19-010-
4-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman
Ayes: 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~
Clerk of the Board - Secretaria de la Junta
63.
SETTING OF HEARING FOR THE PROPOSED GIBRALTAR ESTATES IRRIGATION
WATER DELIVERY DISTRICT IMPACT STATEMENT
1. Pursuant to A.R.S. § 48-261 and § 48-263, set a hearing date to receive the impact
statement for the proposed Gibraltar Estates Irrigation Water Delivery District. The hearing
date is set for Wednesday, March 13, 2019 at 9:30 a.m., 205 W. Jefferson, Phoenix, AZ
85003.
2. Pursuant to A.R.S. § 48-261(C), approve a bond in the amount of $250 to be filed with
the Board by the persons proposing the district to cover cost incurred by the County if the
district is not organized.
The Clerk of the Board of Supervisors shall post a notice of the hearing in at least three
conspicuous public places in the area of the proposed district and shall publish a notice
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twice in a daily newspaper at least ten days before the hearing. A notice of hearing will be
sent to each property owner within the proposed district boundaries.
At the hearing on March 13, 2019, the Board will hear those who appear for and against
the proposed district and shall determine whether the district will promote public health,
comfort, convenience, necessity, or welfare. If the Board of Supervisors determines that
the public health, comfort, convenience, necessity, or welfare will be promoted, it shall
approve the impact statement and authorize the persons proposing the district to circulate
petitions within the following proposed boundaries of the district: (Supervisorial District 3)
Lots 66 through 100, GIBRALTAR ESTATES, a Subdivision of the North Half of the
Southwest Quarter of the Northeast Quarter and part of the Northwest Quarter of the
Northeast Quarter of Section 23, Township 2 North, Range 3 East, of the Gila and Salt
River Base and Meridian according to the Plat of Record in the Office of the County
Recorder of Maricopa County, Arizona, Recorded in Book 46 of Maps, Page 33;
TOGETHER WITH
Lot 1, EAST MEADOWBROOK, a one lot Re-subdivision of Tracts C & D, Gibraltar
Estates, a Subdivision Recorded in Book 46 of Maps, Page 33, Recorder of Maricopa
County, Arizona, Being a portion of the Northeast Quarter of Section 23, Township 2 North,
Range 3 East, of the Gila and Salt River Base and Meridian, according to the Plat of
Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in
Book 703 of Maps, Page 11;
TOGETHER WITH
Lots 66 and 67, SHARONDALE PLAT TWO, a Subdivision of the South Half of the South
Half of the Northeast Quarter of the Northeast Quarter and the North Half of the North Half
of the Southeast Quarter of the Northeast Quarter of Section 23, Township 2 North, Range
3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the
Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 61 of Maps,
Page 19;
TOGETHER WITH
Lots 44 through 65, GIBRALTAR ESTATES PLAT 2, a Subdivision of Tract G,
GIBRALTAR ESTATES, a Subdivision Recorded in Book 46 of Maps, Page 33, Recorder
of Maricopa County, Arizona, AND a portion of the Northwest Quarter of the Northeast
Quarter of Section 23, Township 2 North, Range 3 East, of the Gila and Salt River Base
and Meridian, according to the Plat of Record in the Office of the County Recorder of
Maricopa County, Arizona, Recorded in Book 47 of Maps, Page 17;
TOGETHER WITH
Lots 11 through 23, and Lots 26 through 32, and Lots 40 through 43, GIBRALTAR
ESTATES PLAT 3, a Subdivision of Tract H, GIBRALTAR ESTATES PLAT 2, a
Subdivision Recorded in Book 47 of Maps, Page 17, Recorder of Maricopa County,
Arizona, AND a portion of the Northwest Quarter of the Northeast Quarter of Section 23,
Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian, according
to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona,
Recorded in Book 48 of Maps, Page 23;
TOGETHER WITH
Lots 10, 24, 25, 33, and 39, GIBRALTAR ESTATES PLAT 4, a Subdivision of Tracts J, K,
& L, GIBRALTAR ESTATES PLAT 3, a Subdivision Recorded in Book 48 of Maps, Page
23, Recorder of Maricopa County, Arizona, AND being a portion of the North Half of the
North Half of the Northwest Quarter of the Northeast Quarter of Section 23, Township 2
North, Range 3 East, of the Gila and Salt River Base and Meridian, according to the Plat of
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Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in
Book 48 of Maps, Page 47;
TOGETHER WITH
Lots 4, and 5, ROYAL BILTMORE, a Replat of a portion of GIBRALTAR ESTATES PLAT
4, a Subdivision Recorded in Book 48 of Maps, Page 47, Recorder of Maricopa County,
Arizona, AND being a portion of the North Half of the Northwest Quarter of the Northeast
Quarter of Section 23, Township 2 North, Range 3 East, of the Gila and Salt River Base
and Meridian, according to the Plat of Record in the Office of the County Recorder of
Maricopa County, Arizona, Recorded in Book 233 of Maps, Page 36;
TOGETHER WITH
Lot 1, CAMELBACK 29 , a Re-subdivision of Lots 5 and 6 of GIBRALTAR ESTATES PLAT
4, a Subdivision Recorded in Book 48 of Maps, Page 47, Recorder of Maricopa County,
Arizona, AND a portion of the Abandoned Alley, Located within a portion of the Northeast
Quarter of Section 23, Township 2 North, Range 3 East, of the Gila and Salt River Base
and Meridian, according to the Plat of Record in the Office of the County Recorder of
Maricopa County, Arizona, Recorded in Book 487 of Maps, Page 42;
TOGETHER WITH
Lots 1 & 2, CAMELBACK COLLECTIVE, a Replat of those portions of GIBRALTAR
ESTATES PLAT 4, a Subdivision Recorded in Book 48 of Maps, Page 47, Recorder of
Maricopa County, Arizona, Located within the Northeast Quarter of Section 23, Township 2
North, Range 3 East, of the Gila and Salt River Base and Meridian, according to the Plat of
Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in
Book 1323 of Maps, Page 37. (C-06-19-304-M-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
64.
ROAD DE-ANNEXATION FROM CITY OF BUCKEYE TO MARICOPA COUNTY
Pursuant to A.R.S. §9-471.03(D), set a hearing for February 27, 2019 to determine if the
public interest is served by de-annexing road right-of-way from City of Buckeye jurisdiction
to Maricopa County in accordance with the included City of Buckeye Ordinances a through
j and direct Maricopa County Department of Transportation (MCDOT) to prepare an
analysis of the requested action.
At the hearing, if after reviewing the analysis and hearing those that may appear for or
against the action, the Board determines that the public interest is served by this de-
annex/annexation action, the Board shall file in the Clerk of the Board’s Office an ordinance
setting forth the legal description of the public right-of-way and declare the return of the
right-of-way contingent on the fulfillment of the additional conditions of the statute which
would include setting a second public hearing on this matter.
a) City of Buckeye Ordinance No. 06-19
Right-of-way location: Hazen Road from Wilson Road to SR85. Supervisory District No. 4.
The Board action will result to add 0.0097 square miles to County ownership and enable
the County to assume responsibility for road maintenance.
b) City of Buckeye Ordinance No. 09-19
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Right-of-way location Patton Road from 0.5 miles east of 291st Avenue to 275th Avenue
alignment. Supervisory District No. 4.
The Board action will result to add 0.0370 square miles to County ownership and enable
the County to assume responsibility for road maintenance.
c) City of Buckeye Ordinance No. 10-19
Right-of-way location: Beloat Road from Rainbow Road to 1,980.21 feet east of Rainbow
Road. Supervisory District No. 4.
The Board action will result to add 0.0028 square miles to County ownership and enable
the County to assume responsibility for road maintenance.
d) City of Buckeye Ordinance No. 11-19
Right-of-way location: Dead Road south of Southern Avenue between Buckeye Canal and
Southern Pacific Railroad. Supervisory District No. 4.
The Board action will result to add 0.0015 square miles to County ownership and enable
the County to assume responsibility for road maintenance.
e) City of Buckeye Ordinance No. 12-19
Right-of-way location: Southern Avenue from 315th Avenue alignment to 311th Avenue.
Supervisory District No. 4.
The Board action will result to add 0.0016 square miles to County ownership and enable
the County to assume responsibility for road maintenance.
f) City of Buckeye Ordinance No. 13-19
Right-of-way location: Right-of-way location: Verrado Way from MC85 to 2,188 feet north of
MC85. Supervisory District No. 4.
The Board action will result to add 0.0052 square miles to County ownership and enable
the County to assume responsibility for road maintenance.
g) City of Buckeye Ordinance No. 14-19
Right-of-way location: Wickenburg Road beginning 7,030 feet north of the CAP canal
continuing north 22,261 feet except any portion of BLM and State Land. Supervisory
District No. 4.
The Board action will result to add 0.0711 square miles to County ownership and enable
the County to assume responsibility for road maintenance.
h) City of Buckeye Ordinance No. 15-19
Right-of-way location: Jackrabbit Trail from Hilton Avenue to Durango Street. Supervisory
District No. 4.
The Board action will result to add 0.0007 square miles to County ownership and enable
the County to assume responsibility for road maintenance.
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Wednesday, February 13, 2019
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i) City of Buckeye Ordinance No. 16-19
Right-of-way location: Portions of McDowell Road from 1,320 feet west of Jackrabbit Trail
to Perryville Road. Supervisory District No. 4.
The Board action will result to add 0.0114 square miles to County ownership and enable
the County to assume responsibility for road maintenance.
j) City of Buckeye Ordinance No. 17-19
Right-of-way location: Portions of Baseline Road from 311th Avenue to Verrado Way.
Supervisory District No. 4.
The Board action will result to add 0.0165 square miles to County ownership and enable
the County to assume responsibility for road maintenance. Legal description is attached as
part of each ordinance. (C-06-19-312-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
Planning and Development - Planificación y Desarrollo
65.
PLANNING & ZONING SETTING OF HEARINGS
Schedule the following items for public hearing at the February 27, 2019 Board Meeting:
(C-44-19-078-M-00)
MCP2018005 – Plains Bumstead Terminal Facility – Military Compatibility Permit – Dist. 4
Z2009004 – Plains Bumstead Terminal Facility – SUP Removal on portion of site – Dist. 4
Z2018076 – Dollar General at Jackrabbit – Zone Change with Overlay – Dist. 4
Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
Transportation – Transportación
66.
ROAD FILE NO. 5933
Set a hearing for March 13, 2019 for Road File No. 5933 to Open and Declare the following
described alignments into the County Transportation System.
In accordance with A.R.S. Titles 28-6701, 6705(A) and 11-822(C), it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignments into the County Transportation System: Road
File No. 5933. Legal description identified as Exhibit "A", is attached.
(General Vicinity: Lone Mountain Road and 144th St. Supervisor District No. 2) (C-64-19-
116-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
67.
ROAD FILE NO. 5923
Set a hearing for March 13, 2019 for Road File No. 5923 to Open and Declare the following
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described alignments into the County Transportation System.
In accordance with A.R.S. Titles 28-6701, 6705(A) and 11-822(C), it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignments into the County Transportation System: Road
File No. 5923. Legal description identified as Exhibit "A", is attached.
(General Vicinity: Cloud Road and 220th Street. Supervisor District No. 2) (C-64-19-115-M-
00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
68.
ROAD FILE NO. 5934
Set a hearing for March 13, 2019 for Road File No. 5934 to Open and Declare the following
described alignments into the County Transportation System.
In accordance with A.R.S. Titles 28-6701, 6705(A) and 11-822(C), it is recommended by
the Department of Transportation Director, that the Board of Supervisors Open and
Declare the following described alignments into the County Transportation System: Road
File No. 5934. Legal description identified as Exhibit "A", is attached.
(General Vicinity: Rio Verde Drive and 152nd Street. Supervisor District No. 2) (C-64-19-
114-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
69.
ROAD FILE NO. A610
Set a hearing for March 13, 2019 for Road File No. A610 to Open and Declare the following
described alignments into the County Transportation System.
In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the
Department of Transportation Director, that the Board of Supervisors Open and Declare the
following described alignment into the County Transportation System, Road File No. A610.
Legal description identified as Exhibit "A” is attached.
(General Vicinity: 56th Street and Main Street. Supervisor District No. 2) (C-64-19-113-M-00)
Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo
Ayes: Chucri, Gates, Hickman, Gallardo
CONSENT AGENDA - AGENDA DE CONSIENTA
Clerk of the Board - Secretaria de la Junta
70.
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
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affidavits have been filed with the Board. (C-06-19-284-7-00)
Name
Warrant No
Amount
Dept/School
Jason Mierczynski
3700122873
1,106.92
Littleton Elementary
Home Depot
3700086418
2,813.69
Balsz Elementary
Hope Medina
22620654
219.70
Elections
Rachel M Jangula
3700122784
1,416,19
Murphy Elementary
Linda Faye Webb
22603591
207.00
Elections
Arizona Rugby League LLC
3700116069
2,500.00
Wilson Elementary
Cortlin Haley
214754666
943.58
Tolleson Union
DECA Inc.
3700114601
328.19
Agua Fria Union
Tina M Gallegos
3700122429
380.22
EVIT
Kandice Johnson
2300457
283.74
Correctional Health
Tabitha Hailey Helton
22618772
244.75
Elections
Kathy Turner
47543543
183.52
Arlington Elementary
Ches Sharp
3700127372
159.50
Higley Unified
Saul Lopez
3010011849
3,201.77
County Attorney
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
71.
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-06-19-306-7-00)
Name
Warrant No
Amount
Department
Trust Account of Quarles & Brady LLP
848222
2,852.97
Treasurer
Trust Account of Quarles & Brady LLP
853459
12,155.48
Treasurer
Trust Account of Quarles & Brady LLP
853460
11,950.25
Treasurer
Trust Account of Quarles & Brady LLP
853665
2,939.08
Treasurer
Trust Account of Quarles & Brady LLP
853785
926.54
Treasurer
Trust Account of Quarles & Brady LLP
853786
107.77
Treasurer
Karen Konnoff
380004765
156.98
County Attorney
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
72.
MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of
Supervisors meetings held January 23, 2018; January 29, 2018; January 8, 2019; and
January 14, 2019. (C-06-19-288-7-00)
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 63 of 70
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
73.
HEAD START MONTHLY REPORT
Receive the Head Start report for December 2018 submitted by the Human Services
Department. (C-06-19-308-7-00)
Report includes information on:
Program Enrollment
Number of Children served with Disabilities
Program eligible children on waitlist
Funding Amount and Expenditures
Meals served
Parent education & Volunteer hours
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
74.
CIVIL PENALTY APPEALS
Approve the waiver of the civil penalty assessment applied pursuant to A.R.S. 42-12052 on
the attached list of parcels for the 2018 Tax year. The notices required before such penalty
may be enforced under that statute were returned by USPS as undeliverable, depriving
property owners of the required notice of classification change and right to appeal.
1. Approve property owners' appeals of a civil penalty assessment, and direct the
Assessor to waive the civil penalty.
2. Approve the related resolutions associated with waiving the civil penalty.
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-06-19-313-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
75.
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-06-19-314-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
76.
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
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Wednesday, February 13, 2019
Page 64 of 70
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-06-19-303-7-00)
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
77.
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-06-19-322-7-00)
2018: ST2018-000113; ST2018-000428; TX2018-000062; TX2017-001800;
2018/2019: ST2018-000020; ST2018-000142;
2019: ST2018-000013; ST2018-000015;
Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
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.
BOARD OF SUPERVISORS ADDENDUM
ADÉNDUM DE LA JUNTA DE SUPERVISORES
Board of Supervisors
A-1.
MARICOPA
COUNTY
BOARD
OF
SUPERVISORS
DISTRICT
1
VACANCY
APPOINTMENT
Accept the resignation of Denny Barney, Maricopa County Supervisor, District 1, effective
February 1, 2019. Also, pursuant to ARS 11-213(B), appoint a qualified elector to fill the
District 1 vacancy. (C-06-19-319-9-00)
Chairman Gates thanked former Supervisor Denny Barney for his presence and his
service during his six years in District 1. There was a very strong pool of 13 applicants
with varied backgrounds in District 1: serving in public service as State Legislators,
serving on City Councils, many community leaders and business leaders. It was an
impressive group of individuals and challenging for the Board to choose one applicant
out of 13 strong applicants. On behalf of the Board he noted his appreciation to Fran
McCarroll, Clerk of the Board, and her team for their work throughout the process.
Supervisor Gallardo concurred with Chairman Gates’ comments. He thanked Mr.
Barney and noted it was an honor to serve with him. He said the process has been
exciting with 13 candidates. He had the opportunity to meet many of them. They are
great people and noted how tough the decision is. He is not as familiar with the East
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Wednesday, February 13, 2019
Page 65 of 70
Valley and many of the applicants. He spoke of his ability to get to know the applicants
and the lay of the land in the East Valley in a short time frame. He received many
phone calls from across the East Valley in support of applicants. He thanked all of the
candidates for their willingness to take on the role of Supervisor. He looks forward to
working with the appointee regarding issues throughout the County.
Supervisor Chucri recalled he was present via phone at the last formal meeting and did
not have a chance to say in person to Supervisor Barney, “What a man, what a friend,
what a colleague.” He will be missed, but as Chairman Gates said, we must move
forward and we must move the County forward in a way that we have been able to for
the past six years in accomplishing so much. There is beauty and irony to having Mary
Rose Wilcox present upon making the appointment because she was helping along the
way to make the massive changes for Maricopa County. The process and meeting the
13 applicants has been gratifying to see the measure and interest in the County. The
Arizona Republic had said this is one of the great opportunities to serve in public office
for the fourth largest county in the United States. The Board will miss Mr. Barney but he
will be with the Board more than we realize in his new role.
Motion was made by Supervisor Chucri to nominate Jack Sellers to fill the District 1
Supervisor vacancy, seconded by Supervisor Gallardo.
Ayes: Chucri, Gates, Hickman, Gallardo, McCarroll
Supervisor Chucri spoke of his opportunity to work with Mr. Sellers with the Maricopa
Association of Governments (MAG) and first met him in 2004 in the car business when
he worked for General Motors. They did not always agree but certainly worked well
together. With Mr. Sellers’s background like his time on the Chandler City Council and
his investment with the Transportation Board for the State, the needs the County will be
truly filled.
Supervisor Hickman thanked Mr. Barney for his presence and noted it was a pleasure to
serve with him. He spoke of his experience with the process of filling a vacant
Supervisor’s seat. Mr. Sellers has political experience, a wholistic view of the County
and has dedicated time in transportation serving on MAG. He thanked all the applicants
for their time and dedication during the process.
Chairman Gates concurred with the comments of his colleagues. He spoke of Mr.
Sellers’s valuable political experience and his experience in transportation with MAG.
He noted Mr. Sellers’ desire to work on smart infrastructure and autonomous vehicles,
which coincides with his own priorities as he had outlined in his Chairman’s speech.
Fran McCarroll administered the Oath of Office to Jack Sellers.
Supervisor Jack Sellers addressed the assemblage noting it was an honor to be
appointed to serve. He said he is in his final year of serving as the Chairman on the
MAG Board and noted how critical it is to find transportation infrastructure for the future.
Serving as the District 1 Supervisor allows him to continue to be involved in forward-
thinking transportation efforts. He stated he has served on the MAG Board for the last
10 years. He noted his involvement with the Greater Phoenix Economic Council
(GPEC) and the State Transportation Board. Supervisor Sellers thanked the Board for
their encouragement and support in appointing him so he may continue his work in
another capacity.
Chairman Gates congratulated Supervisor Sellers. An opportunity was given for photos
to be taken.
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Wednesday, February 13, 2019
Page 66 of 70
CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS
LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD
78.
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.)
Dianne Barker, resident, spoke of her appreciation for the appointment of Chairman
Gates noting his experience with the City of Phoenix. She congratulated Supervisor
Sellers and noted his involvement with MAG. She spoke of items to place on a future
formal agenda such as a Phoenix Suns arena and a future transportation center.
Joann Scott Woods, representing People Demanding Justice Community Coalition,
spoke of the arrest of Stephen Baker and specifics of the arrest as it pertains to
associated policies.
Kim Baker, resident, spoke of the arrest of his son Stephen Baker. He noted the
length of time of his arrest, his contemplation of suicide, specifics of the arrest and his
pleas of release.
Leonard Clark, resident, spoke of his concern for the safety of public officers and the
community. He spoke of his agreement with the County Attorney announcement to
reexamine a tasing incident that took place within the County jail.
Mary Rose Wilcox, resident, spoke of details of the Melendres case and court order.
She noted her disapproval of the modification to the order. She referenced a request
to release a status report to the public. She asked the Board, Sheriff Penzone, and
the community to work together to end all racial profiling.
Ralph Martinez, representing Somos America, read a letter regarding the
representative groups and indigenous Latino people who live and work in Maricopa
County effected by the Melendres court order.
Salvador Reza, representing Tonatierra, spoke of his disapproval of the modification
to the Melendres court order.
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Wednesday, February 13, 2019
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Doña Florencia Gonzalez, representing Tonatieera–Comision de Derechos Humanos,
spoke of human and civil rights, immigration, and respecting the rights of others.
Dr. Sylvia Herrera, representing Comites de Defensa Barrios Melendres v. Penzone,
spoke of her disapproval to the modification of the Melendres court order. She asked
for accountability, reporting, and continued implementation of the court order. She
requested a status report of the Melendres order.
Roberto Rebellous, representing Somos America, spoke of the events that led to the
Melendres court order and the continued efforts of the organization to promote the
order. He asked that no modifications be made to the order and noted the cost to the
taxpayers.
Esther Durań Lumm, representing Uncage & Reunite Families Coalition, supports
Somos America, spoke of injustice, noted support of the Melendres court order, and
requested no modifications be made to the order.
Rosie Lopez, AZ Hispanic Community Forum, supports Somos America and stated
she has attended every Melendres court order hearing and noted her support of the
order. She asked that no modifications be made to the order and to end wasting
taxpayer dollars.
Chairman Gates thanked those in attendance for their comments.
Supervisor Hickman stated he was not aware of any items coming forth to the Board
regarding a modification to the Melendres court order. He asked if there was an item
he was not aware of.
Andrea Cummings, Legal Counsel, stated she would look at prior executive sessions
to see if there was a request to modify the order.
Joy Rich, County Attorney, responded that she spoke with the County Attorney’s
Office stating she was also approached by District 5 regarding the same issue. She
stated the Board of Supervisors have not authorized a modification of the order to be
filed. There have been discussions between Sheriff Penzone and the County
Attorney’s Office about the order but the Board has not in any way modified the order.
79.
SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS
Resumen de temas de actualidad de los Supervisores/Administrador del Condado
Supervisor Gallardo congratulated Supervisor Sellers on his appointment. He spoke
about an event taking place at the Corona Ranch and an upcoming AIDS walk. He
spoke of the need for the Districts to receive an update on the Melendres court order.
He requested Mr. Kim Baker’s contact information so he may speak further on the
details of his son’s arrest.
Joy Rich, County Manager, welcomed Supervisor Sellers.
Supervisor Hickman welcomed Supervisor Sellers as well noting his great work with
MAG.
Supervisor Sellers expressed appreciation to former Supervisor Denny Barney who
has offered his assistance in onboarding. He is honored and excited to serve.
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Wednesday, February 13, 2019
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Supervisor Chucri concurred with previous congratulatory comments to Supervisor
Sellers. He noted his concerns with comments made during public comment. He said
he looks forward to working with Supervisor Sellers.
Chairman Gates welcomed Supervisor Sellers. He spoke of the February coffee chat
and those in attendance received a Legislative update. He said the next monthly
meeting would be in New River for an update on District 3 events.
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, February 13, 2019
Page 69 of 70
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, February 13, 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; Steve Chucri, District 2; Steve
Gallardo, District 5. Vacant: District 1 due to the resignation of Supervisor Barney. (Clerk’s Note:
Because of the District 1 vacancy all items will show only 4 votes.). Also present: Fran McCarroll,
Clerk of the Board; Kelly Gardiner and Maria Ceaglske, Minutes Coordinators; Joy Rich, County
Manager; and Andrea Cummings, Legal Counsel.
F-1.
BID AND AWARD FOR MCMICKEN DAM OUTLET CHANNEL PHASE 1
Authorize the advertisement of the Invitation for Bids for the McMicken Dam Outlet Channel
Phase 1 (Project [#204) and award of the contract to the lowest responsible bidder, if the bid
is not more than ten percent (10%) over the engineer’s estimate.
The Project will provide an improved outlet for McMicken Dam, and improved 100-year
protection to an area of the City of Surprise and unincorporated County between Grand
Avenue and the El Mirage Road alignment, south of Happy Valley Road. This contract will
include construction of four miles of earthen channel improvements. The District will
administer the construction contract and provide the construction management. The District
will fund 100% of the Project costs. This Agenda Item impacts Supervisor District 4. (C-69-
19-020-5-00)
Motion to approve by Director Hickman.
Director Hickman thanked staff for their work on the item and noted the importance of
the infrastructure that protects Luke Air Force Base among other communities.
Seconded by Director Gallardo.
Ayes: Chucri, Gates, Hickman, Gallardo
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
___________________________
Bill Gates, Chairman of the Board
ATTEST:
____________________________
Fran McCarroll, Clerk of the Board
Formal Meeting Minutes
Wednesday, February 13, 2019
Page 70 of 70
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, February 13, 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; Steve Chucri, District 2; Steve Gallardo, District
5. Vacant: District 1 due to the resignation of Supervisor Barney. (Clerk’s Note: Because of the
District 1 vacancy all items will show only 4 votes.). Also present: Fran McCarroll, Official Record
Keeper; Kelly Gardiner and Maria Ceaglske, Minutes Coordinators; Joy Rich, County Manager; and
Andrea Cummings, Legal Counsel.
S-1. RECEIVE QUARTERLY REPORT FROM AZPB LIMITED PARTNERSHIP
Pursuant to paragraph 13 of the Binding MOU between the Maricopa County Stadium
District and AZPB Limited Partnership, receive the quarterly report from AZPB Limited
Partnership regarding disbursements from the Chase Field Reserve Account covering the
period of October 1, 2018 to December 31, 2018. (C-06-19-307-M-00)
Motion to approve by Director Gallardo, seconded by Director Chucri
Ayes: Chucri, Gates, Hickman, Gallardo
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
___________________________
Bill Gates, Chairman of the Board
ATTEST:
_______________________________
Fran McCarroll, Official Record Keeper