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"The mission of Maricopa County is to provide
regional leadership and fiscally responsible,
necessary public services to its residents so
they can enjoy living in healthy and safe
communities”
Board Members
Bill Gates, Chairman, District 3
Clint Hickman, Vice Chairman, District 4
Jack Sellers, District 1
Thomas Galvin, District 2
Steve Gallardo, District 5
County Manager
Joy Rich
Clerk of the Board
Juanita Garza
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
75
Library District
No Meeting
Stadium District
No Meeting
Board of Deposit
74
Wednesday, September 28, 2022
9:30 AM
Formal Meeting Minutes
09/28/2022
Page 2 of 77
BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES
Chairman Gates opened the meeting and asked the Clerk to call the roll
1.
ROLL CALL - LISTA
The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at
9:30 AM on Wednesday, September 28, 2022, in the Supervisors' Auditorium, 205 W. Jefferson
Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint
Hickman, Vice Chairman, District 4; Jack Sellers, Supervisor, District 1; Thomas Galvin,
Supervisor, District 2; Steve Gallardo, Supervisor, District 5. Also present: Juanita Garza, Clerk;
Joy Rich, County Manager; Andrea Cummings, Legal Counsel; Kelly Gardiner, Minutes
Coordinator; Mia Vargas, Minutes Coordinator.
2.
INVOCATION - INVOCACIÓN
Supervisor Gallardo introduced his guest, Isabel Chavez, who offered the invocation.
3.
PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA
Ms. Chavez led the Pledge of Allegiance to the flag. Supervisor Gallardo thanked Ms.
Chavez for her time this morning and for her leadership in the Laveen community and
Maricopa County in general.
4.
PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL -
PRESENTACIÓN DE ANIMALES DOMESTICOS POR EL DEPARTAMENTO DE
CONTROL Y CUIDADO DE ANIMALES
Kim Powell from MCACC introduced Steffy, a seven-year-old mixed breed dog that has
been at the shelter for about six months. Steffy is very playful and energetic and needs
a loving home. For information about adoptions, go to Pets.maricopa.gov.
Chairman Gates asked the Clerk if there were any announcements or corrections to
the agenda. The Clerk said there were no changes or corrections for the agenda.
PLANNING AND ZONING HEARINGS - AUDIENCIAS DE PLANIFICACIÓN
Y DESARROLLO
***The Board of Supervisors will now consider matters related to Planning and Zoning.***
PLANNING AND ZONING CONSENT HEARINGS - AUDIENCIAS DE CONSIENTA
Chairman Gates asked the Clerk if there were any registered speakers or comments
for agenda items 5, 6, or 7. The Clerk said there was one speaker, Richard Bennett, for
item 7 to speak in favor only if necessary.
5.
FULTON HOMES ENCLAVE PHASE 1A
Case #: S2021001
Supervisor District: 4
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09/28/2022
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Applicant / Owners: Brian Nicholls, EPS Group. Inc, / Fulton Homes
Request:
Final Plat for 42 residential lots and 8 tracts in the R1-6 RUPD zoning district
Site Location: Generally located NWC Perryville Rd. and Indian School Rd. in the Buckeye
area
Staff Recommendation: Approval
(C-44-23-081-X-00)
Motion to concur with Staff recommendation for approval by Supervisor Clint Hickman,
seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
6.
FULTON HOMES ENCLAVE PHASE 1B
Case #: S2021002
Supervisor District: 4
Applicant / Owners:
Brian Nicholls, EPS Group. Inc, / Fulton Homes
Request:
Final Plat for 220 residential lots and 15 tracts in the R1-6 RUPD zoning
district
Site Location: Generally located NWC Perryville Rd. and Indian School Rd. in the Buckeye
area
Staff Recommendation: Approval
(C-44-23-080-X-00)
Motion to concur with Staff recommendation for approval by Supervisor Clint Hickman,
seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
7.
BENNETT AUTO
Case #: Z2021075
Supervisor District: 1
Applicant & Owner: Richard Bennett
Request:
Special Use Permit (SUP) for Home Cottage Industry - Auto Repair
Site Location: Generally located at the NWC of Empire Blvd. & 203rd Way
Commission Recommendation: On 9/1/22, the Commission voted 9-0, to recommend
approval of Z2021075 subject to conditions ‘a’ – ‘i’:
a. Development of the site shall be in substantial conformance with the Site Plan entitled,
“Bennett Automotive” consisting of one full-size sheet dated July 28, 2022, and stamped
received August 2, 2022, except as modified by the following conditions. Staff may determine
slight refinements to remain in substantial conformance with the approved site plan. Minor
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09/28/2022
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and major amendments to the site plan will be determined in accordance with Chapter 3 of
the Maricopa County Zoning Ordinance.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled, “Bennett Automotive”, consisting of five pages, dated May 2, 2022, and stamped
received August 2, 2022, except as modified by the following conditions.
c. The following Planning Engineering conditions shall apply:
1. The applicant will be responsible for coordinating with the Town of Queen Creek to review
any traffic impact, right-of-way dedication, permitting or roadway improvement requirements
for Empire Boulevard Avenue in conjunction with this proposed entitlement.
2. The applicant must work with the County Building Official to remedy unpermitted
construction (frame garage) on the site to bring it into compliance within six (6) months of
any (zone change) approval.
3. All development and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for construction.
d. The following SUP standards shall apply:
1. Min. Front Yard – 12’
2. Min. Lot Area – 39,559 sq. ft.
3. Pavement – Pavement permitted to be compacted and rolled decomposed granite with a
dust control plan approved by Maricopa County Air Quality Control except for ADA parking
All other development standards per Rural 43 zoning shall apply.
e. All outdoor lighting shall be shielded and directed downward and otherwise in accordance
with Section 1112 of the Maricopa County Zoning Ordinance.
f. The special use permit is valid for a period of 5 years and shall expire 5 years from the
date of BOS approval or upon termination of the use for a period of 90 or more days,
whichever occurs first. All site improvements associated with the special use permit shall be
removed within 90 days of such expiration or termination of use.
g. 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.
h. 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.
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, 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.
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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-44-23-079-X-00)
Motion to concur with Commission recommendation for approval subject to conditions
‘a’ through ‘i’ by Supervisor Clint Hickman, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
PLANNING AND ZONING REGULAR HEARINGS - AUDIENCIAS DE AGENDA REGULAR
8.
WHITE TANK FOOTHILLS PHASE 3 (CONT. FROM 6/8/22)
Case #: DMP2021001
Supervisor District: 4
Applicant & Owner: Brennan Ray, Burch & Cracchiolo, P.A. / Citrus & Lower Buckeye, LLC
Request: Major Amendment to the White Tank Foothills Development Master Plan (DMP) to
change the land use designations from Small Lot Residential (2 – 5 du/ac) and Rural (0-1
du/ac) to Small Lot Residential (5 – 8 du/ac) and Transitional Lot (3 - 5 du/ac)
Site Location: Generally located at the NWC of Citrus Rd. and Northern Ave. in the Glendale
area
Commission Recommendation: On 8/4/22, the Commission voted 9-0, to recommend
approval of DMP2021001 subject to conditions ‘a’ – ‘c’:
a. Development shall be in substantial conformance with the Development Master Plan
Narrative Report entitled “White Tank Foothills”, dated May 10, 2022, and stamped received
May 16, 2022, including all exhibits, maps, and appendices, except as modified by the
following conditions.
b. Changes regarding use and intensity, or changes to any of the approved conditions shall
be processed as a revised application with approval by the Board of Supervisors upon
recommendation by the Maricopa County Planning and Zoning Commission. Revised
applications shall be in accordance with the applicable Development Master Plan Guidelines,
subdivision regulations, and zoning ordinance in effect at the time of application(s)
submission. The Maricopa County Planning and Development Department may approve
minor changes as outlined in the Maricopa County Development Master Plan Guidelines in
effect at the time of amendment. Non-compliance with the narrative report, maps, and
exhibits, or the conditions of approval will be treated as a violation in accordance with
Maricopa County Procedures.
c. The Development Master Plan shall be developed sequentially as depicted on the phasing
diagram contained in the narrative report.
Additional Comments: The applicant is requesting to amend the DMP and rezone for an
increased lot yield in Phase 3. The previously approved DMP allowed for a maximum of 390
units in Phase 3, or 1.59 du/ac. The amendment, as now modified, will increase the lot yield
to 645 units on 244.74 gross acres at 2.647 du/ac. The subject site is the third and final
phase of the White Tank Foothills Development.
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09/28/2022
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To date staff has received 142 letters of opposition, an opposition petition with 206 signatures
and six support letters. During the August 4, 2022, Commission Hearing four individuals
spoke in opposition. The opposition is largely concerned with loss of community character
due to increased density, and associated access concerns with increased traffic.
The applicant has also discovered an error in the total amount of dwelling units for the entire
White Tank Foothills community once Phase 3 is approved. The amount listed in the
Commission Staff Report was 1,621 dwelling units; however, the true number will be 1,636
dwelling units once Phase 3 is complete. The reason for this discrepancy was due to a
miscount of the total units in Phase 2 of White Tank Foothills, where 15 lots were not included
in the overall community total. It's important to note this typographical error in the applicant’s
material was in regard to the existing unit count of Phase 2 and not the subject amendment
concerned with proposed Phase 3.
Since the August 4, 2022, Commission Hearing, the applicant has prepared a DMP / land
use plan exhibit that appropriately illustrates the Phase 3 Amendment superimposed upon
the existing approved DMP where Phases 1 & 2 are already platted. Staff is recommending
DMP2021001, condition ‘a’ be updated to reflect this exhibit to include the following change:
a. Development shall be in substantial conformance with the Development Master Plan
Narrative Report entitled “White Tank Foothills”, dated May 10, 2022, and stamped received
May 16, 2022, including all exhibits, maps, and appendices, except as modified by the
following conditions. Within 30 days of Board approval the narrative shall be revised to
incorporate the land use plan exhibit entitled “White Tank Foothills Proposed Phase 3
Exhibit” stamped received September 9, 2022.
Therefore, with regard to DMP2021001, staff recommend the Board motion for approval
subject to Commission recommended conditions ‘a’ – ‘c’ but with revised language to
condition ‘a’ as shown below:
a. Development shall be in substantial conformance with the Development Master Plan
Narrative Report entitled “White Tank Foothills”, dated May 10, 2022, and stamped received
May 16, 2022, including all exhibits, maps, and appendices, except as modified by the
following conditions. Within 30 days of Board approval the narrative shall be revised to
incorporate the land use plan exhibit entitled “White Tank Foothills Proposed Phase 3
Exhibit” stamped received September 9, 2022.
b. Changes regarding use and intensity, or changes to any of the approved conditions shall
be processed as a revised application with approval by the Board of Supervisors upon
recommendation by the Maricopa County Planning and Zoning Commission. Revised
applications shall be in accordance with the applicable Development Master Plan Guidelines,
subdivision regulations, and zoning ordinance in effect at the time of application(s)
submission. The Maricopa County Planning and Development Department may approve
minor changes as outlined in the Maricopa County Development Master Plan Guidelines in
effect at the time of amendment. Non-compliance with the narrative report, maps, and
exhibits, or the conditions of approval will be treated as a violation in accordance with
Maricopa County Procedures.
c. The Development Master Plan shall be developed sequentially as depicted on the phasing
diagram contained in the narrative report.
(C-44-23-087-X-00)
Chairman Gates asked Tom Ellsworth, Director of Planning and Development, and
Darren Gerard, Planning Division Manager, to come forward for agenda items 8 and 9.
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Mr. Ellsworth reviewed the information presented on the agenda, saying item 8 was a
Development Master Plan case #DMP2021001 with a rezoning request for the White
Tank Foothills Phase 3. This agenda item has been continued several times in an effort
to work out a compromise between the developer and surrounding community. There
have been several adjustments in the plan that included the number of houses allowed,
traffic issues, and the change in the size of some lots. He said this plan has continued
to receive significant opposition from the neighbors, mainly regarding density
Chairman Gates acknowledged this is in District 4 and he asked Supervisor Hickman
to speak about this item. Supervisor Hickman said he wanted to make sure this was
covered properly due to the large amount of time and discussion that has gone into it
since it began in early 2021. He said that through all the conversations about this, there
continue to be citizen concerns about Homeowners’ Association-/Covenants,
Conditions, and Restrictions (HOA-CC& Rs). This phase has to do with a zoning
request not the CC&Rs which are an agreement between the property owners and the
developer. The County is not privy to that agreement.
Chairman Gates asked the Clerk to read the names of the people who had sent in
speaker slips. In favor, Dennis Ogorchock. In opposition, Dennis Earnhart, Frank
Scaglione, Cindy Tatu, Michael Brown and Gary Martin. Additionally, there were 99
Agenda Comments in opposition and seven in favor.
Brennan Ray, Burch & Cracchiolo, representing the applicant, came forward and
thanked the Board and the citizens for their time. He said because of the time that has
been spent shaping this plan, it is better than ever.
Mr. Brennan reviewed the above slide, saying it was a summary of the timeline.
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This site map seen in the slide above, shows the Phase 3 in color.
Note: A technical difficulty here resulted in no webinar, no slides for about 6-½ minutes.
~ Supervisor Gallardo left dais at 10:06 a.m. ~
Mr. Brennan reviewed the Neighborhood Outreach slide above summarized the key
outreach dates. He noted a third neighborhood meeting that was held in July to present
the neighbors with the plan that is being presented today. He said they wanted to make
sure the neighbors knew of all the changes that had occurred. A lot of the focus of
concern has been on density.
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The slide above shows the date of previous plan approval and a slide for the current
plan. He highlighted the changes in lot size and emphasized the many changes that
were requested. He noted most of the opposition has come from Phase I residents.
The above slide highlighted the changes in the project from November 2021 to current.
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Mr. Brennan noted the slide above shows compatible zoning in the adjacent phases.
Mr. Brennan reviewed the slide above that shows the parcels (in blue, on the perimeter)
that are restricted to single story construction which was in response to one of the
stated concerns.
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Mr. Brennan talked about the single-story restriction in the slide above and referred to
condition “k” as noted on the agenda.
The slide above shows the comparisons of densities in the area, with White Tank
Foothills being the lowest.
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Mr. Brennan said the slide above shows the similarities in densities between Phase I,
Phase 2, and Phase 3.
He talked further about the density comparisons in the slide above. Mr. Brennan
concluded his presentation saying the applicant has done exactly what they were asked
to do and gone above and beyond to address the concerns of the neighbors.
Chairman Gates asked the Board if there were any questions, and no one had
questions at this time. He asked the Clerk to call on the speakers.
Dennis Earnhart, 17934 W. Royal Palm Road, resident of White Tank Foothills, Phase
1 spoke in opposition. Mr. Earnhart did not understand how the applicant could say the
number of lots decreased. He brought up the reasons for his opposition including
increased traffic that will go right behind his house. Traffic is his major issue and 645
additional homes will bring in a lot more.
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Frank Scaglione, 8338 N. 180th Drive, resident of Waddell, spoke in opposition. Mr.
Scaglione stated that CC&Rs do matter and developers cannot just do what they want.
He referenced a court case as evidence. He talked about the density and said when
the Master Plan was sold to the residents, it did not include 645 homes in Phase 3. Mr.
Scaglione suggested arbitration as a means of settling this amendment.
~ Supervisor Gallardo returned to the dais at 10:22 a.m. ~
Cindy Tatu was called on and declined to speak.
Dennis Ogorchock, resident of White Tank Foothill for approximately 10 years, having
moved from Surprise, spoke in favor. Mr. Ogorchock said he and his wife have been
very involved in this process and understood that the CC&R’s have nothing to do with
this case. He said he appreciated all of the support from District 4 and stated there has
been a lot of give and take and understands that some concessions satisfy some and
upset others.
Michael Brown, 18013 W. El Caminito Drive, spoke in opposition. Mr. Brown thanked
the Board for the opportunity to speak. He stated he has been part of this process from
the beginning and has been to every meeting held. He said he was in agreement with
the changes and then the plan changed. The alterations to the CC&Rs were the result
of developers working with the HOA in order to make more money. Mr. Brown
suggested arbitration or mediation to resolve the discrepancies and he would support
the outcome.
Gary Martin, resident of White Tank Foothills Phase 1, spoke in opposition. His
opposition to the rezone is due to the proposed changes to the CC&Rs that would take
place. Mr. Martin said prior to purchasing the home, he read all the CC&Rs and spoke
with the builder and asked what to expect in the future so he would be informed. He
said he enjoys the neighborhood with larger lots and said that aspect would be lost if
the densities change. He said increased traffic is a concern. In closing, he asked the
Board to support Prop 130 for tax relief for veterans.
Supervisor Hickman asked if there were any final comments from the opposition. Frank
Scaglione came forward and commented on an article that said, “the Arizona Supreme
Court rejects unforeseeable HOA amendments”. He said this is what is going on here
and is now part of the law. In closing, he said that Arizona ranks third as “smallest
average lot size” in the nation and said the County does not need 645 more small lots.
Supervisor Galvin asked about the citation for the lot size statistic. Mr. Scaglione said
it was from American City Business Journal.
Supervisor Hickman asked Mr. Ellsworth to comment again on the rezoning and
CC&Rs. Mr. Ellsworth stated the CC&Rs are not an agreement that the Board has any
say in. Michael Brown once again suggested arbitration or mediation would help settle
this matter.
Supervisor Hickman asked Brennan Ray to talk about traffic and road buffers. Map 11
was displayed to show the roads proposed. He talked about one story home restrictions
and have tried to accommodate all the needs and wants of the neighbors. He stated
there have been additional collector roads to help mitigate traffic in the development.
Supervisor Hickman asked him about the CC&Rs. Mr. Ray said he does not have the
credentials to represent as counsel on CC&Rs.
Supervisor Hickman said they have exhausted the discussion and does not want to
kick it down the road. The Loop 303 has made a big impact which brings people and a
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need for homes. He acknowledged there is no way to please all the people in this
matter. He stated he is ready to decide and said it comes down to property rights which
trumps all.
The following statement and motion were read by Supervisor Hickman:
“I consider the modified proposal before us today to be an improvement over the
proposal the applicant brought forward on June 8th. The majority of community
concerns have been addressed. The concerns related to CC&Rs are outside the
County’s authority. Importantly, the Commission has unanimously recommended
approval of the modified project. It is prohibiting two-story units adjacent to existing lots
in Phase 1 and Waddell. It has added an internal collector to provide access out to
Citrus on the south along Harmont rather than forcing traffic north through Phase 1 to
Seldon”.
Motion to approve item 8 in accordance with the Commission recommendation but with
revision to condition ‘a’ as printed on the agenda made by Supervisor Clint Hickman.
The motion was seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
9.
WHITE TANK FOOTHILLS PHASE 3 (CONT. FROM 6/8/22)
Case #: Z2021050
Supervisor District: 4
Applicant & Owner: Brennan Ray, Burch & Cracchiolo, P.A. / Citrus & Lower Buckeye, LLC
Request: Zone Change from R1-6 RUPD PAD, R1-7 RUPD PAD, R1-8 RUPD PAD, R1-18
RUPD PAD and Rural-43 PAD to R1-6 RUPD PAD, R1-7 RUPD PAD, and R1-10 RUPD
PAD accommodating a single-family residential subdivision
Site Location: Generally located at the NWC of Citrus Rd. and Northern Ave. in the Glendale
area
Commission Recommendation: On 8/4/22, the Commission voted 9-0, to recommend
approval of Z2021050 subject to conditions ‘a’ – ‘aa’:
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “White Tank Foothills”, consisting of four full-size sheets, dated May 10, 2022, and
stamped received May 16, 2022, except as modified by the following conditions.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “White Tank Foothills”, consisting of 19 pages, dated May 10, 2022, and stamped
received May 16, 2021, except as modified by the following conditions.
c. The following Planning Engineering condition shall apply:
1. Engineering review of re-zone cases is conceptual in nature. All development and
engineering design shall be in conformance with Section 1205 of the Maricopa County
Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa
County; MCDOT Roadway Design Manual; and current engineering polices, standards and
best practices at the time of application for construction.
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09/28/2022
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2. Engineering review of these application is limited to the rezoning of the site and does not
include any aspects of future entitlement application(s) that will be required for site
development. No development approval is inferred by this review, including, but not limited
to drainage design, access, roadway alignments and right-of-way dedication(s). These items
will be addressed as development plans progress and are submitted to the County for
additional entitlement (i.e. preliminary plat).
d. All buildings 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 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 three foot by five-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.
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 development standards shall apply:
1. Minimum rear yards of 15-feet.
2. Maximum lot coverage of 60 percent.
g. The following R1-7 RUPD development standards shall apply:
1. Minimum rear yards of 15-feet.
2. Maximum lot coverage of 60 percent.
3. All lots in Parcel 3.17 and 3.19 zoned R1-7 RUPD shall have minimum lot widths of 65-
feet, all of which must be noted on each plat.
h. The following R1-8 RUPD development standards shall apply:
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1. Minimum rear yard of 15-feet.
2. Maximum lot coverage of 60 percent.
i. The following R1-10 development standards shall apply:
1. Minimum front yards of ten feet.
2. Minimum side yards of five feet.
3. Minimum street side yards of five feet.
4. Minimum rear yards of 15 feet.
5. Minimum lot width of 75 feet.
6. Maximum lot coverage of 50 percent.
7. Maximum height of 24-feet.
8. Lots identified in the zoning exhibit in the R1-10 RUPD zoning district shall have a
minimum lot width of 90 feet.
j. There shall be at minimum three-foot-high shielded bollard lighting in pocket parks, trails,
and amenity areas to minimize light pollution and maintain safety in these areas of the
subdivision.
k. Those lots identified on the second page of the zoning exhibit entitled “Zoning Exhibit” and
fourth page of the zoning exhibit entitled “Single Story Restricted Lots” shall be restricted to
a single-story with a maximum height of 24-feet and the developer shall ensure these
restrictions match this exhibit and are identified on each plat.
l. Any RV garages, if constructed, shall be architecturally integrated into the design of the
home, and not exceed the height of the residence itself.
m. Those lots identified on the zoning exhibits with typical lot widths and lot depths shall be
identified on each plat and shall match exactly as shown on the zoning exhibits.
n. Irregular shaped lots may be located at cul-de-sacs, street knuckles, and eyebrows. The
minimum front yard setback line for irregular or non-rectangular shaped lots shall be
established at the distance between the front property line and a line parallel to the street
chord at the point where said lot achieved the minimum lot width. But, in no case shall be
less than the minimum prescribed front yard for each zoning district and in no instance shall
this measurement line be greater than 60 feet from the street cord. The minimum front yard
setback line for all irregular or non-rectangular shaped lots must be illustrated on each plat.
o. The master developer shall be responsible for the construction of all public and private on-
site roads within the Development Master Plan. Further, the applicable homeowner’s
association shall be responsible for the maintenance and upkeep of all private roads, public
open spaces and facilities, washes, parks, roadway median landscaping, landscaping within
public rights-of-way, and all pedestrian, bicycle, and multi-use paths.
p. The total number of residential dwelling units of White Tank Foothills Phase 3 shall not
exceed 645 dwelling units. Overall, the total number of residential dwelling units for the
entire White Tank Foothills master community shall not exceed 1,621 dwelling units. To help
ensure compliance, the cumulative number of dwelling units completed to date, in relation to
the identified limit, shall be identified on all plats.
q. All park facilities shown on plats shall be completed concurrently with residential
development. Park facilities and amenities shall be identified on all applicable plats.
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r. Not less than 50 acres shall be reserved for active and passive open space. Further, the
project shall have not less than five pocket parks and one off-site park as depicted on the
parks plan exhibit in the narrative. At the time of each preliminary plat submission, the master
developer shall include a description of the status of the cumulative open space acreage and
park numbers with respect to the requirements of this condition.
s. Unless otherwise agreed to in writing by the applicable school districts, not less than 15-
acre school site and a minimum of 15 acres shall be reserved within the area of the overall
planned community. Said school shall not front on to arterial streets.
t. Development phasing shall assure two access points are provided.
u. Bike lanes shall be required on all arterial and collector streets as specified in the Maricopa
County Bicycle Transportation System Plan.
v. Prior to approval of the final plat, a total half-width 65-foot right-of-way shall be dedicated
for Citrus Rd. and Northern Ave.
w. There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the ultimate
right-of-way and public utility easement.
x. Landscaping of all common areas and open spaces, except for identified recreational
areas shall consist of indigenous and or low water use species.
y. 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.
z. 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.
aa. 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.
Additional Comments: The applicant is requesting to amend the DMP and rezone for an
increased lot yield in Phase 3. The previously approved DMP allowed for a maximum of 390
units in Phase 3, or 1.59 du/ac. The amendment, as now modified, will increase the lot yield
to 645 units on 244.74 gross acres at 2.647 du/ac. The subject site is the third and final
phase of the White Tank Foothills Development.
To date staff has received 142 letters of opposition, an opposition petition with 206 signatures
and six support letters. During the August 4, 2022, Commission Hearing four individuals
spoke in opposition. The opposition is largely concerned with loss of community character
due to increased density, and associated access concerns with increased traffic.
The level of opposition has triggered a super-majority (four affirmative) vote requirement for
the Board to approve the zone changes. The trigger is when 20% or more of property owners
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within a 300’ radius of the subject site, by number and area register opposition to the case.
The opposition received accounts for 152 property owners equating to:
30% opposed by acreage and 45% opposed by number
The applicant has also discovered an error in the total amount of dwelling units for the entire
White Tank Foothills community once Phase 3 is approved. The amount listed in the
Commission Staff Report was 1,621 dwelling units; however, the true number will be 1,636
dwelling units once Phase 3 is complete. The reason for this discrepancy was due to a
miscount of the total units in Phase 2 of White Tank Foothills, where 15 lots were not included
in the overall community total. It's important to note this typographical error in the applicant’s
material was in regard to the existing unit count of Phase 2 and not the subject amendment
concerned with proposed Phase 3.
The applicant is requesting to change Condition ‘p’ of Z2021050 from the Commission’s
recommendation to reflect this error:
Condition ‘p’: The total number of residential dwelling units of White Tank Foothills Phase 3
shall not exceed 645 dwelling units. Overall, the total number of residential dwelling units for
the entire White Tank Foothills master community shall not exceed 1,621 dwelling units. To
help ensure compliance, the cumulative number of dwelling units completed to date, in
relation to the identified limit, shall be identified on all plats. Development of all parcels in
Phase 3 of the White Tank Foothills DMP shall be limited to a total of 645 lots. All plats must
contain a table tracking total approved, platted, and remaining lot counts for the total of Phase
3.
Additionally, since the August 4, 2022, Commission Hearing staff has received an updated
Zoning Exhibit, attached, with a greater number of the Phase 3 dwelling units being restricted
to a maximum height of 24’ (essentially limiting those units to single-story). The amount of
lots the Commission recommended was 115 and the applicant is requesting to add nine
more lots for a total of 124 lots that will have a maximum height of 24’. Accordingly,
Condition ‘a’ of Z2021050 is also to be changed from the Commission’s recommendation:
Condition ‘a’: Development of the site shall be in substantial conformance with the Zoning
Exhibit entitled “White Tank Foothills”, consisting of four full-size sheets, dated May 10, 2022
August 24, 2022, and stamped received May 16, 2022 August 25, 2022, except as modified
by the following conditions.
With regard to Z2021050, staff recommends the Board motion for approval subject to the
Commission recommended conditions ‘a’ – ‘aa’ but with revised language to conditions ‘a’ &
‘p’ as shown below:
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “White Tank Foothills”, consisting of four full-size sheets, dated August 24, 2022,
and stamped received August 25, 2022, except as modified by the following conditions.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “White Tank Foothills”, consisting of 19 pages, dated May 10, 2022, and stamped
received May 16, 2021, except as modified by the following conditions.
c. The following Planning Engineering condition shall apply:
3. Engineering review of re-zone cases is conceptual in nature. All development and
engineering design shall be in conformance with Section 1205 of the Maricopa County
Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa
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County; MCDOT Roadway Design Manual; and current engineering polices, standards and
best practices at the time of application for construction.
4. Engineering review of these application is limited to the rezoning of the site and does not
include any aspects of future entitlement application(s) that will be required for site
development. No development approval is inferred by this review, including, but not limited
to drainage design, access, roadway alignments and right-of-way dedication(s). These items
will be addressed as development plans progress and are submitted to the County for
additional entitlement (i.e. preliminary plat).
d. All buildings 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 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 three foot by five-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.
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 development standards shall apply:
3. Minimum rear yards of 15-feet.
4. Maximum lot coverage of 60 percent.
g. The following R1-7 RUPD development standards shall apply:
4. Minimum rear yards of 15-feet.
5. Maximum lot coverage of 60 percent.
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6. All lots in Parcel 3.17 and 3.19 zoned R1-7 RUPD shall have minimum lot widths of 65-
feet, all of which must be noted on each plat.
h. The following R1-8 RUPD development standards shall apply:
3. Minimum rear yard of 15-feet.
4. Maximum lot coverage of 60 percent.
i. The following R1-10 development standards shall apply:
9. Minimum front yards of ten feet.
10. Minimum side yards of five feet.
11. Minimum street side yards of five feet.
12. Minimum rear yards of 15 feet.
13. Minimum lot width of 75 feet.
14. Maximum lot coverage of 50 percent.
15. Maximum height of 24-feet.
16. Lots identified in the zoning exhibit in the R1-10 RUPD zoning district shall have a
minimum lot width of 90 feet.
j. There shall be at minimum three-foot-high shielded bollard lighting in pocket parks, trails,
and amenity areas to minimize light pollution and maintain safety in these areas of the
subdivision.
k. Those lots identified on the second page of the zoning exhibit entitled “Zoning Exhibit” and
fourth page of the zoning exhibit entitled “Single Story Restricted Lots” shall be restricted to
a single-story with a maximum height of 24-feet and the developer shall ensure these
restrictions match this exhibit and are identified on each plat.
l. Any RV garages, if constructed, shall be architecturally integrated into the design of the
home, and not exceed the height of the residence itself.
m. Those lots identified on the zoning exhibits with typical lot widths and lot depths shall be
identified on each plat and shall match exactly as shown on the zoning exhibits.
n. Irregular shaped lots may be located at cul-de-sacs, street knuckles, and eyebrows. The
minimum front yard setback line for irregular or non-rectangular shaped lots shall be
established at the distance between the front property line and a line parallel to the street
chord at the point where said lot achieved the minimum lot width. But, in no case shall be
less than the minimum prescribed front yard for each zoning district and in no instance shall
this measurement line be greater than 60 feet from the street cord. The minimum front yard
setback line for all irregular or non-rectangular shaped lots must be illustrated on each plat.
o. The master developer shall be responsible for the construction of all public and private on-
site roads within the Development Master Plan. Further, the applicable homeowner’s
association shall be responsible for the maintenance and upkeep of all private roads, public
open spaces and facilities, washes, parks, roadway median landscaping, landscaping within
public rights-of-way, and all pedestrian, bicycle, and multi-use paths.
p. Development of all parcels in Phase 3 of the White Tank Foothills DMP shall be limited to
a total of 645 lots. All plats must contain a table tracking total approved, platted, and
remaining lot counts for the total of Phase 3.
q. All park facilities shown on plats shall be completed concurrently with residential
development. Park facilities and amenities shall be identified on all applicable plats.
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r. Not less than 50 acres shall be reserved for active and passive open space. Further, the
project shall have not less than five pocket parks and one off-site park as depicted on the
parks plan exhibit in the narrative. At the time of each preliminary plat submission, the master
developer shall include a description of the status of the cumulative open space acreage and
park numbers with respect to the requirements of this condition.
s. Unless otherwise agreed to in writing by the applicable school districts, not less than 15-
acre school site and a minimum of 15 acres shall be reserved within the area of the overall
planned community. Said school shall not front on to arterial streets.
t. Development phasing shall assure two access points are provided.
u. Bike lanes shall be required on all arterial and collector streets as specified in the Maricopa
County Bicycle Transportation System Plan.
v. Prior to approval of the final plat, a total half-width 65-foot right-of-way shall be dedicated
for Citrus Rd. and Northern Ave.
w. There shall be a ten-foot-wide multi-use trail along Northern Ave. outside of the ultimate
right-of-way and public utility easement.
x. Landscaping of all common areas and open spaces, except for identified recreational
areas shall consist of indigenous and or low water use species.
y. 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.
z. 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.
aa. 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-44-23-086-X-00)
Motion to concur with Commission recommendation for approval subject to conditions
‘a’ through ‘aa’ by Supervisor Clint Hickman, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
10.
SUNRISE RANCH AT SOUTH MOUNTAIN
Case #: CPA2021012
Supervisor District: 5
Applicant & Owner: Pew & Lake, PLC / Sunrise Ranch Estates, LLC
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Request:
General Comprehensive Plan Amendment (CPA) to change the land use
designation in the Laveen Area Plan from Open Space and Rural (0-1 d.u./acre) to Large
Lot Residential (1-2 d.u./acre). CPA case approval is by Resolution.
Site Location: Generally located at the SEC of 35th Ave. & Olney Ave. in the Laveen area
Commission Recommendation: On 9/1/22, the Commission voted 9-0, to recommend
approval of CPA2021012 subject to conditions ‘a’ – ‘c’:
a. Development and use of the site shall be in substantial conformance with the Narrative
Report entitled “Sunrise Ranch at South Mountain”, consisting of 14 pages, dated June 6,
2022, and stamped received June 28, 2022, except as modified by the following conditions.
b. Development and use of the site shall be in substantial conformance with the land use
exhibit entitled “Sunrise Ranch at South Mountain” dated January 4, 2022 and stamped
received January 25, 2022, except as modified by the following conditions.
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 owner
to enjoy uses in excess of those permitted by the land use existing on the date of the
application, subject to conditions. In the event of the failure to comply with any condition of
approval, the property shall change to the land use designation that existed on the date of
the application. It is, therefore, stipulated and agreed that 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 the value
of the property from the value it held on the date of application due to such revocation. The
Comprehensive Plan Amendment enhances the value of the property above its value as of
the date the Comprehensive Plan Amendment is granted and changing to the prior land use
designation results in the same value of the property as if the Comprehensive Plan
Amendment had never been granted.
(C-44-23-078-X-00)
Chairman Gates asked the Clerk if there were any registered speakers for agenda
items 10 and 11. The Clerk said the applicant was present, in favor, and there were a
few speakers in opposition. Additionally, the Clerk reported 62 email comments in
opposition.
Supervisor Gallardo agreed to an approximately 10-minute time limit each for those in
favor and those in opposition. He asked the Planning and Development team for their
presentation.
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Tom Ellsworth, Planning and Development Director, reviewed the agenda item with
the slide above saying it is approximately 58 acres in the Laveen area.
Mr. Ellsworth explained some of the changes in the slide above.
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The rezoning request would facilitate the development of a 101-lot subdivision. After
the Planning and Zoning Commission approved the case, there was significant
opposition from the neighbors. The main concern has been the transitioning of density
from adjacent properties to the proposed site.
Mr. Ellsworth said there has been significant outreach to the community. He reviewed
the slide above with details of lot size, designated open space, and future annexation
with the City of Phoenix.
Chairman Gates asked the applicant to come forward
Reese Anderson, applicant with Pew & Lake, PLC, came forward and stated he would
like to direct comments to the neighbors who are present and then respond to their
concerns.
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Chairman Gates acknowledged there were several speakers who have been
designated by neighbors and asked them to come forward to speak.
Jon Kimoto, resident, 3216 W. Ansell Road, Laveen, near the subject area. Mr. Kimoto
said the proposed rezoning seems out of sync with the Laveen Area Plan. The goal of
the Area Plan has been the preservation of rural heritage. He spoke about the different
zoning densities and the need to preserve the integrity of the area. He would like the
applicant to work with the community on a plan that is consistent with Laveen.
Tayler Burchard, Lisa Vializ, and Ivan Vializ donated their speaking time to Mr. Kimoto.
Mr. Kimoto added that there were some favorable aspects of the proposed plan. He
said the serpentine layout is favorable, each lot has a backyard that has open space
rather than another backyard, and preserving open space is great too.
Cyd Manning, resident, 3220 W. Ceton Drive, spoke in opposition with the following
presentation.
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Ms. Manning said she does support compatible, responsible development and growth
but this high-density project is incompatible here. Density has been the major issue.
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Ms. Manning reviewed the slide above that shows the incompatibility of this project
with the surrounding properties. She stated density drives all development aspects
and the applicant is being disingenuous with the math.
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The slides above and below were briefly reviewed showing the disagreements around
the project.
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The above slide summarized the surrounding zoning that shows the project is
incompatible to the surrounding areas.
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Ms. Manning reiterated that density is the issue. She requested that the Board send
the applicant back to revise the plan. She stated she and her neighbors chose to live
in this area because of the low density, rural character, and the County and City’s
commitment and long-standing plans to preserve low density from the Carver Foothills
to South Mountain.
Supervisor Gallardo asked that one of the zoning slides be projected again, stating
there was a potential discrepancy. A brief discussion ensued regarding those numbers.
Mr. Anderson came back up to discuss the discrepancy in density numbers for the area.
The area named Whispering Hills was shown to be 1.46 du/ac. Darren concurred with
Mr. Anderson’s calculation.
Chairman Gates named the people who donated time to Ms. Manning: Judy Brown,
Scott Johnson, Elizabeth Banta, and Paul Banta.
Orlando Caezar, resident at 3517 W. Shawnee Drive, spoke in opposition. Mr. Caezar
spoke to the applicant’s selective showcase of surrounding areas and ignoring the
adjacent areas to the north, east and south of the subject area which are larger lots.
The high-density project is incompatible with the surrounding areas. The applicant and
developers are not in it for the welfare of the residents.
Ms. Manning noted Carver Mountain is a physical barrier between the high density and
lower density.
Chairman Gates asked if there were other speakers who had not yet spoken.
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On the webinar: Dan Penton, resident, 8216 S 42nd Avenue, spoke in opposition. Mr.
Penton talked about the applicant attending the Planning and Zoning (P&Z) meeting
and the meeting for Citizens for Responsible Development (LCRD). He said the
applicant was not prepared for the opposition at the meeting and did not follow up with
the citizens afterward. He said the applicant has been disingenuous. Mr. Penton
suggested this be remanded back to citizens for “some fine tuning”.
Dave Garrett, resident, in opposition gave time to Brent (no last name given).
Paul Franckowiak, resident, was called on to speak in opposition.
Mr. Sandy Hamilton, resident at 5218 W. Magdalena Lane, Chairman of LCRD, spoke
in opposition and suggested they vote to deny this due to density and incompatibility
with the area. Mr. Hamilton said the citizens would like more time with the applicant to
make some small adjustments.
Darcy Meyer, resident at 3535 W. Bohl Street, spoke in opposition. Ms. Meyer said the
neighbors are passionate about the zoning and appreciated the rural, low density feel.
Safety is another issue, with increased traffic. She said this is a dark sky community
with Carver Mountain separating the area from urban development.
Ms. Manning came forward again and asked that a map slide be put on the screen.
She reiterated the issue of density and how incompatible Sunrise Ranch would be to
the neighboring communities. Further discussion ensued regarding how du/a numbers
are arrived at. Ms. Manning spoke of the efforts that she has put out with the City of
Phoenix to reduce the densities.
Stephanie Herd, attended via the webinar and spoke in opposition. She said
responsible development is the focus and to help protect the area.
Mr. Anderson, applicant, came back up to the podium. He noted the issue of traffic,
dark sky, and noise have all been addressed as requested by the neighbors. He said
he wanted to address the issue of density.
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With Early Site Plan Iterations slide projected, Mr. Anderson talked about the early
(2021) phase of Sunrise Ranch. In April 2021 they began discussions with the
leadership of LCRD. there were adjustments made in response to the feedback.
On the Proposed Site Plan slide map, he gave an explanation on how they arrived at
this plan. Mr. Anderson said he felt that the proposed stipulations addressed the
concerns of the neighborhood.
Supervisor Gallardo thanked all the citizens who came out and participated in this
process. He said he believed this was a solid plan and meets the compatibility of the
surrounding area. Supervisor Gallardo made the following statement:
“I consider the proposed land use plan to be appropriate. It preserves the majority of
hillside slopes and washes as natural open space. It provides appropriate transition
between residential uses of less than 1 unit per acre to the south and the more
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suburban residential densities to the north in the City of Phoenix. It puts forward a target
density of 1.7 units per acre thus maintaining low-density residential land use”.
Motion to concur with Commission recommendation for approval by Resolution as
printed on the agenda by Supervisor Steve Gallardo, seconded by Supervisor Clint
Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
11.
SUNRISE RANCH AT SOUTH MOUNTAIN
Case #: Z2021074
Supervisor District: 5
Applicant & Owner: Pew & Lake, PLC / Sunrise Ranch Estates, LLC
Request:
Zone Change with Overlay from Rural-43 to R1-18 RUPD
Site Location: Generally located at the SEC of 35th Ave. & Olney Ave. in the Laveen area
Commission Recommendation: On 9/1/22, the Commission voted 9-0, to recommend
approval of Z2021074 subject to conditions ‘a’ – ‘s’:
a. Development of the site shall comply with the Legal Description entitled “Exhibit A –
Sunrise Ranch at South Mountain”, consisting of 3 pages, dated August 11, 2021, and
stamped received September 19, 2021, except as modified by the following conditions.
b. Development of the site shall be in substantial conformance with the Narrative Report
entitled “Sunrise Ranch at South Mountain”, consisting of 12 pages, dated August 23, 2022,
and stamped received August 23, 2022, except as modified by the following conditions.
c. The following R1-18 RUPD Zoning District standards shall apply:
1. Min. Front Yard: 15’
2. Min. Side Yard: 5’
3. Min. Rear Yard: 20’
4. Min. Lot Area: 8,750 sq. ft.
5. Min. Lot Width: 70’
6. Average Lot Area: 22,277 sq. ft.
7. Max. Lot Coverage: 50%
8. Max. Dwelling Units: 101 dwelling units
9. Sight Visibility Triangles (SVT): 1 SVT waived on the northeast corner of Olney Ave. &
35th Ave., all others required
d. Concurrent with submittal of the initial Final Plat, Improvement Plans shall be submitted
to the Planning and Development Department.
e. After Final Plat recordation and prior to any zoning clearance for building permits, the
applicant shall obtain a final Grading and Drainage and Infrastructure permit from Maricopa
County.
f. Prior to Final Plat approval, Water and Wastewater Plans shall be submitted to and
approved by the Maricopa County Department of Environmental Services (MCESD) subject
to their procedures.
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g. The following Planning Engineering conditions shall apply:
1. Care shall be taken when aligning Olney Avenue on the east and west sides of 35th
Avenue. Final plans shall show improvements on the west side of 35th Avenue and
demonstrate how the intersection will be aligned. This may require coordination with the
developer on the west side of 35th Avenue.
2. The final design shall include detailed plans for the widening of 35th Avenue to a Minor
Arterial section per Figure 5.9 of the Roadway Design Manual.
3. The Olney Avenue site frontage shall be developed to Rural Local Roadway classification-
reference cross section 5.6 MCDOT Roadway Design Manual. Olney improvements are as
indicated below:
a. Segment of Olney Avenue from 35th Avenue to approximately 616 east of 35th Avenue -
25 foot R/W half street local roadway dedication containing 20 feet of pavement with 2 ½
shoulders each side.
b. Segment east of first ±616’ from 35th Avenue - 25 foot R/W half street local roadway
dedication containing 26 feet of pavement width plus southern shoulder per typical RDM
cross section standard for local rural roadway. The 26 foot pavement will encroach on parcel
to north. MCDOT will assist in determining legal owner of this parcel and obtaining right to
pave/improve in this parcel. This roadways section shall taper from the western point of new
pavement to meet pavement the width of the west portion of existing Olney Avenue.
c. Prior to final plat/infrastructure approval, a Design Exception will be required from MCDOT
for the substandard improvement of Olney Avenue.
4. To satisfy safe sight distance requirements at the southern road access to 35th Avenue
(Capistrano Drive), the roadway profile of Capistrano Drive east of 35th Avenue must be
designed such that Capistrano Drive is sloped towards 35th Avenue for a distance of at least
20 feet.
5. Channel side slopes of 2:1 can only be stabilized with grouted rip rap or concrete; side
slopes of 1:1 or steeper can only be stabilized with concrete. Channel grades and resultant
velocities within the channels exceed those which would allow for unlined systems. As noted
in the Drainage Report, final design will warrant stabilization. The use of vertically placed rip
rap for scour protection is prohibited. Subsurface scour protection must be placed at a
maximum 2:1 slope.
6. Final design plans shall indicate retention of the site’s half-width frontage of 35th Avenue.
7. Retention and spreader basins must drain within 36 hours.
8. Berms used for storm water retention, conveyance of storm water or a combination of the
two, must have a minimum top width of eight feet (8’).
9. A geotechnical analysis addressing the stability of cut slopes in excess of 2:1 must be
submitted as part of the subdivision’s infrastructure permit application.
10. The need to address erosion setback requirements from new drainage infrastructure will
be further evaluated as part of the final design, pending channel stabilization requirements.
11.The need for drainage easements within HOA tracts must be further evaluated as part of
the final plat preparation.
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12. A Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will
be required prior to issuance of any building/grading permits required for site development.
13. Engineering review of planning and/or zoning cases is for conceptual design only and
does not represent final design approval nor shall it entitle applicants to future designs that
are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and
Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the
MCDOT Roadway Design Manual.
14. Based on the conceptual design nature of the information submitted, changes to the site
layout and/or a reduction in the number of building lots may be necessitated by the final
engineering design of the subdivision drainage infrastructure.
15. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the
application for Final Plat Approval and Building Permits.
h. The final plat construction documents shall restrict traffic exiting from Olney Avenue onto
35th Avenue to right out only movement until such time that Olney Avenue is fully developed
with half street improvements on the northern side of the mid-section line or the interim
design of the intersection allows for the appropriate sight visibility triangle on the adjacent
northern property. If the developer cannot demonstrate appropriate safety or visibility with
the design of Olney Avenue, a splitter island shall be required in the final plat construction
documents to MCDOT specifications.
i. The Owner or Developer shall address and respond to all recommendations of the Arizona
Game and Fish Department (AZGFD) included in the letter dated November 10, 2021 at the
time of final plat infrastructure permits. The response shall be sent to AZGFD for review and
consideration. The Zoning Inspector and/or their designee shall review the applicant’s
response, and any subsequent comments received from AZGFD, to determine whether the
response issued by the Owner or Developer addresses AZGFD comments in good faith.
Should the Zoning Inspector and/or their designee decide that the Owner or Developer has
not substantially addressed AZGFD comments in good faith, the Owner or Developer shall
be required to propose and implement alternatives to the recommendations made by
AZGFD.
j. Sunrise Ranch will be a “dark skies” community. Any county required outdoor lighting shall
be shielded so as not to direct or reflect light upon adjoining land, shall not be constructed
within 20 feet of any adjoining property under other ownership, and shall not exceed 18 feet
in height.
k. Development of the site shall be in compliance with all applicable Maricopa County Air
Quality rules and regulations.
l. Two required parking spaces on all lots will be provided within garages with a minimum of
9’x18’ per space in addition to having two parking spaces available on driveways with a
minimum of 9’x18’ per parking space
m. Prior to approval of the initial Final Plat, the applicant shall provide the Maricopa County
Planning and Development Department with an executed pre-annexation service agreement
with the City of Phoenix that identifies when the proposed project will be annexed and the
provision of water, and sewer, police, fire, and related services and infrastructure. In lieu of
a pre-annexation service agreement the developer must provide a ‘will serve’ letter from the
City of Phoenix for water, sewer, fire and police services. This information shall be included
in the narrative report for the Final Plat and the associated public report for the subdivision.
Formal Meeting Minutes
09/28/2022
Page 36 of 77
The Final Plat shall contain a note referencing the will serve letters or pre-annexation service
agreement.
n. Prior to Final Plat approval, the property owner shall add a note on the plat that discloses
to tenants of the site or purchasers of property within the site, the existence, proximity, and
operational characteristics of active agricultural uses and non-domesticated animal keeping.
o. Prior to Final Plat approval, the property owner shall add a note on the plat that discloses
to tenants of the site or purchasers of property within the site, the existence, proximity, and
operational characteristics of active aviation uses in the Hangar Haciendas Units One, Two,
and Three subdivisions located approximately 750 feet to the east of the subject property in
Maricopa County.
p. Amendments to the zone change shall be processed as a revised application in
accordance with Maricopa County Zoning Ordinance Article 304.9.
q. Noncompliance with the conditions of approval will be treated as a violation in accordance
with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of
approval may be grounds for the Planning and Zoning Commission to take action in
accordance with Chapter 3 (Conditional Zoning).
r. Non-compliance with the regulations administered by the Maricopa County Environmental
Services Department, Maricopa County Department of Transportation, Drainage Review
Division, Planning and Development Department, or the Flood Control District of Maricopa
County may be grounds for initiating a revocation of this Zone Change as set forth in the
Maricopa County Zoning Ordinance.
s. The granting of this Zone Change has been at the request of the applicant, with the
consent of the landowner. The granting of this approval allows the property owner to enjoy
uses in excess of those permitted by the land use existing on the date of the application,
subject to conditions. In the event of the failure to comply with any condition of approval, the
property shall change to the land use designation that existed on the date of the application.
It is, therefore, stipulated and agreed that 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 the value of the property
from the value it held on the date of application due to such revocation. The Zone Change
enhances the value of the property above its value as of the date the Zone Change is granted
and changing to the prior land use designation results in the same value of the property as
if the Zone Change had never been granted.
(C-44-23-077-X-00)
Motion to concur with Commission recommendation for approval subject to conditions
‘a’ through ‘s’ by Supervisor Steve Gallardo, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
STATUTORY HEARINGS - AUDIENCIAS LEGALES
If you would like to send a comment or question regarding one of the statutory hearing items,
please send email to Agenda.Comments@maricopa.gov
Clerk of the Board Statutory Hearings - Audiencias Legales de la Secretaria de la Junta
12.
PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED FILLMORE PLACE
IRRIGATION WATER DELIVERY DISTRICT
Formal Meeting Minutes
09/28/2022
Page 37 of 77
Pursuant to A.R.S. § 48-261, § 48-3423 and § 48-3424, convene the scheduled public
hearing regarding the petitions filed for the formation of the proposed Fillmore Place 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 landowner within the boundaries of the proposed district
may appear and object to the organization thereof, or to the inclusion of the landowners’
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 October 18, 2022, 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:
Trevor Johnson
Carrie Shumway
Rosalind Deandea
The legal description of the proposed irrigation water delivery district is as follows:
Lots 19 through 26, of ELLSWORTH HEIGHTS, a Subdivision of the Northwest Quarter of
Section 14, Township 1 North, Range 5 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 89 of Maps, Page 22;
TOGETHER WITH
Lots 1 through 13, Lots 31 through 61, and Lot 87 of FILLMORE PLACE, a Subdivision of
the Southwest Quarter of Section 14, Township 1 North, Range 5 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 101 of Maps, Page 22; also together with
that part of Abandoned alley as described per Maricopa County Recording document 2007-
0957267;
TOGETHER WITH
Lots 50 through 94, of ELLSWORTH HEIGHTS TWO, a Subdivision of the Northwest
Quarter of Section 14, Township 1 North, Range 5 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 102 of Maps, Page 31. (Supervisorial District 2)
(C-06-23-183-X-00)
Chairman Gates asked the Clerk if there were any registered speakers or comments
for item 12. The Clerk said there were none.
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Formal Meeting Minutes
09/28/2022
Page 38 of 77
Transportation Statutory Hearings - Audiencias Legales de Transportación
Chairman Gates asked the Clerk if there were any registered speakers or comments
for items 13a-d, 14 or 15. The Clerk said there was one speaker for item 15, Jason
Thibodeau, to speak in favor only if necessary.
13.
ROAD FILE DECLARATIONS - DECLARACIONES DE CARRETERA
Approve, by resolution, petitions to open and declare the following roads into the county
highway system. This action will serve as notice of the Board of Supervisors’ acceptance of
all U.S. Patent easements, reservations, rights-of-way or properties along the alignments
into the Maricopa County highway system and will also authorize the maintenance and
acquisition of the necessary rights-of-way through donation, purchase, or condemnation.
a.
ROAD FILE NO. A711
Convene a hearing for Road File No. A711 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. A711.
Legal description and map or plat identified as Exhibit "A” is attached.
(General Vicinity: El Mirage Rd and Bethany Home Rd. Supervisor District No. 4)
(C-64-23-052-X-01)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
b.
ROAD FILE NO. 5987
Convene a hearing for Road File No. 5987 to Open and Declare the following streets
into the County Transportation System.
In accordance with A.R.S. Titles 28-6701, 6705(A)(B) and 11-822(C), it is
recommended by the Department of Transportation Director, that the Board of
Supervisors Open and Declare the following streets into the County Transportation
System, Road File No. 5987.
Legal description and map or plat identified as Exhibit "A” is attached.
(General Vicinity: Litchfield Road and Deer Valley Drive. Supervisor District No. 4)
(C-64-23-049-X-01)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
c.
ROAD FILE NO. A709
Convene a hearing for Road File No. A709 to Open and Declare the following
described alignments into the County Transportation System.
Formal Meeting Minutes
09/28/2022
Page 39 of 77
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. A709.
Legal description and map or plat identified as Exhibit "A” is attached.
(General Vicinity: 99th Ave and Pinnacle Peak Rd. Supervisor District No. 4)
(C-64-23-051-X-01)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
d.
ROAD FILE NO. 5986
Convene a hearing for Road File No. 5986 to Open and Declare the following streets
into the County Transportation System.
In accordance with A.R.S. Titles 28-6701, 6705(A)(B) and 11-822(C), it is
recommended by the Department of Transportation Director, that the Board of
Supervisors Open and Declare the following streets into the County Transportation
System, Road File No. 5986.
Legal description and map or plat identified as Exhibit "A” is attached.
(General Vicinity: Buckeye Road and 355th Avenue. Supervisor District No. 4)
(C-64-23-048-X-01)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
14.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0198
Convene a hearing for Road File No. PAB-0198 to consider the request to abandon a portion
of the easements described in Patent Nos. 1196670, 1196671, 1196673 and 1196674, lying
in the Northwest quarter of Section 7, Township 4 North, Range 1 East, of the Gila and Salt
River Meridian, Maricopa County, Arizona being more particularly described as follows:
Patent No. 1196670: The East 33 feet, except the North 33 feet.
Patent No. 1196671: The East 33 feet and the South 33 feet, except the West half thereof.
Patent No. 1196673: The East 33 feet, except the North 33 feet and the West 33 feet, except
the North 33 feet.
Patent No. 1196674: The East 33 feet, South 33 feet and West 33 feet. Located in the
general vicinity of SEC of Hatfield and 115th Avenue and known as Assessor Parcel Number
201-22-032A. Notice conditions and the request for comment requirements have been met.
Supervisory District No. 4
(C-64-23-010-X-01)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Formal Meeting Minutes
09/28/2022
Page 40 of 77
15.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0187
Convene a hearing for Road File No. PAB-0187 to consider the request to abandon a portion
of a Federal Patent Easement Number #1186280 lying in the Northwest quarter of Section
15 – T5N, R4E, of the Gila and Salt River Meridian, Maricopa County, Arizona being
described as follows:
The West 8 feet of the East 33 feet of the Southeast Quarter of the Southeast Quarter of the
Northwest Quarter of the Northwest Quarter of said 11Section 15, except the South 28 feet
thereof; and together with the North 5 feet of the South 33 feet of the East Half of said
Southeast Quarter of the Southeast Quarter of the Northwest Quarter of the Northwest
Quarter of Section 15, except the East 33 thereof; and together with the North 5 feet of the
South 33 feet of the East 33 feet of the West Half of said Southeast Quarter of the Southeast
Quarter of the Northwest Quarter of the Northwest Quarter of Section 15, Except the West
7.20 feet of the East 42.50 feet of the North 1.10 feet of the South 29.10 feet of said
Southeast Quarter of the Southeast Quarter of the Northwest Quarter of the Northwest
Quarter of Section 15. Located in the general vicinity of 66th Street and Ocupado Drive and
known as Assessor Parcel Number 216-50-021E. Notice conditions and the request for
comment requirements have been met.
Supervisory District No. 2
ADDITIONAL INFORMATION:
(C-64-23-011-X-01)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Air Quality Statutory Hearings
Chairman Gates asked the Clerk if there were any registered speakers or comments
for items 16 and 17. The Clerk said none were received.
16.
AQ-2017-002-RULE 321 (MUNICIPAL SOLID WASTE LANDFILLS)
Convene a public hearing, as required by Arizona Revised Statutes (A.R.S.) § 49-479(b), to
solicit comments on the proposed revision of Maricopa County Air Pollution Control
Regulations, Rule 321 (Municipal Solid Waste Landfills). Following the public hearing, the
Board is requested to adopt the proposed revisions to the rule.
The purpose of Rule 321 is to limit the emission of non-methane organic compounds from
municipal solid waste (MSW) landfills. The Maricopa County Air Quality Department
(MCAQD) is proposing to revise Rule 321 to implement the updated federal MSW landfill
emission guidelines and compliance times as promulgated August 29, 2016, and codified at
40 CFR 60, Subpart Cf. In addition, MCAQD is proposing to revise Rule 321 to implement
Reasonably Available Control Technology requirements for MSW landfills with installed and
operational gas collection and control systems that are not subject to the federal emission
guidelines.
(C-85-23-005-X-01)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Thomas
Galvin
Formal Meeting Minutes
09/28/2022
Page 41 of 77
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
17.
PLAN FOR IMPLEMENTING THE MUNICIPAL SOLID WASTE LANDFILLS EMISSION
GUIDELINES AND COMPLIANCE TIMES IN ACCORDANCE WITH SECTION 111(D) OF
THE CLEAN AIR ACT AND 40 CFR 60, SUBPART B
Convene a public hearing to solicit comments on the approval of the submittal of the
Maricopa County Air Quality Department’s (MCAQD) Clean Air Act (CAA) Section 111(d)
Plan to the U.S. Environmental Protection Agency (EPA) to implement the municipal solid
waste (MSW) landfills emission guidelines set forth in 40 CFR 60, Subpart Cf. Following the
public hearing, the Board is requested to approve the submittal of the CAA Section 111(d)
plan to the EPA.
On August 29, 2016, the EPA promulgated emission guidelines and compliance times (40
CFR 60, Subpart Cf) for MSW landfills under CAA Section 111(d). CAA Section 111(d)
requires submission of a state plan to implement the updated emission guidelines. MCAQD
will submit the CAA Section 111(d) plan to the EPA upon approval of submission of the plan
by the Board.
(C-85-23-004-X-01)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Thomas
Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
COUNTY OFFICERS - OFICIALES DE CONDADO
Board of Supervisors - Junta de Supervisores
18.
APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Approve the appointment of Shana Ellis to the Community Development Advisory
Committee, representing Supervisorial District 1. The term of service will be effective as of
Board approval through June 30, 2024
(C-06-23-197-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Supervisor Sellers thanked Shana Ellis for serving on the Community Development
Advisory Committee.
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
19.
APPOINTMENT FOR LEGISLATIVE STATE REPRESENTATIVE DISTRICT 19
Pursuant to A.R.S. § 41-1202, receive the names of the three qualified electors as
candidates to fill the vacancy for the Legislative District 19 State Representative seat as
submitted by the Legislative District 19 Citizens Panel and appoint one of the candidates
from the list to fill the vacancy created by the resignation of State Representative Diego
Espinoza.
The three candidate names submitted by the Citizens Panel are:
Bryan Kilgore
Devin Del Palacio
Randy Camacho
(C-06-23-240-X-00)
Formal Meeting Minutes
09/28/2022
Page 42 of 77
Supervisor Gallardo thanked Diego Espinoza for his service in District 19. He explained
the process of appointment under the circumstances. The new appointee will serve out
the remainder of the term which is about three months.
Supervisor Steve Gallardo made a motion to appoint Devin Del Palacio as the elector
to complete the term for the vacancy in LD 19, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Chairman Gates thanked Supervisor Gallardo and the Citizens Panel for all the work
on this item. Supervisors Hickman, Galvin, and Sellers all echoed the Chairman’s
comments. Supervisor Gallardo thanked the Clerk’s office for their assistance with the
Citizens Panel.
Clerk of the Board - Secretaria de la Junta
20.
APPLICATION FOR BOULDER CREEK HIGH SCHOOL FIREWORKS DISPLAY
Pursuant to A.R.S. § 36-1603, approve an application for a fireworks display filed by Kendon
Victor of Fireworks Production of Arizona. The event will be located at 40404 North Gavilan
Peak Parkway, Anthem, Arizona 85086 on Friday, October 14, 2022 at 6:45 pm.
(Supervisorial District 3)
(C-06-23-195-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
21.
SPECIAL EVENT LICENSE FOR ST. KATHERINE GREEK ORTHODOX CHURCH
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by
Evangelia Archuleta for St. Katherine Greek Orthodox Church at 2716 North Dobson Road,
Chandler, Arizona 85224 to be held on Saturday, October 29, 2022 from 11:00 am to 11:59
pm. (Supervisorial District 1)
(C-06-23-196-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
22.
SPECIAL EVENT LICENSE FOR ST. ROSE PHILIPPINE DUCHESNE ROMAN
CATHOLIC PARISH ANTHEM
Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by
Alicia Gonzales for St. Rose Philippine Duchesne Roman Catholic Parish Anthem at 2825
West Rose Canyon Circle, Anthem, Arizona 85086 to be held on:
Friday, October 7, 2022 from 5:00 pm to 10:00 pm
Saturday, October 8, 2022 from 4:00 pm to 10:00 pm
Sunday, October 9, 2022 from 12:00 pm to 6:00 pm (Supervisorial District 3)
(C-06-23-204-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Formal Meeting Minutes
09/28/2022
Page 43 of 77
County Attorney - Procurador del Condado
23.
OFFICIAL APPOINTMENTS AND OATHS OF OFFICE - COUNTY ATTORNEY
Pursuant to A.R.S.§11-409 and A.R.S.§11-403, approve the official appointment of the
following deputies, special deputies, and assistants of the Maricopa County Attorney.
August 8, 2022
Jordyn Aguirre Legal Support Assistant
Joseph Austin Detective
Gisel Avila Legal Support Assistant
William Benson Detective
Alaiza Camacho Legal Support Clerk
Gabriel Gonzalez Detective
Nicole Hepworth Legal Support Specialist
Lusadrianna Ibarra Paralegal
Hiba Kuzaiha Legal Support Assistant
McKenna McQuarrie Paralegal
Cree Patterson Legal Support Clerk
William Underwood Detective
Becky Valdez Legal Support Specialist
Sereena Valdez Legal Support Specialist
Brianna West Mestanza Paralegal
Sandra Velasquez-Troutman Legal Support Specialist
August 9, 2022
Samantha Caplinger Deputy County Attorney
August 18, 2022
Jeremy H. Fenn Rule 39
August 22, 2022
Amy Batchelor Paralegal Supervisor
Charles Benaza Deputy County Attorney
Malia Clagg Paralegal
Kendra Finn Legal Support Clerk
Jose Flores Legal Support Assistant
Deborah Jones Legal Support Assistant
Linda Roanhorse Office Assistant Specialized
Katelyn Schwindt Advocate
Sabra Siedare Deputy County Attorney
Kristen Standford Deputy County Attorney
Michael Sultzaberger Programming Analyst Sr/Ld
Stephen Williams Deputy County Attorney
August 25, 2022
Kathleen Mirgon Travel & Procurement Specialist
(C-19-23-026-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Formal Meeting Minutes
09/28/2022
Page 44 of 77
Sheriff - Alguacil
24.
AMENDMENT TO SUBGRANTEE AGREEMENT FROM THE ARIZONA DEPARTMENT
OF HOMELAND SECURITY – PROJECT #210209-03
Approve Amendment #1 to the Subgrantee Agreement from the Arizona Department of
Homeland Security, Project #210209-03. This amendment extends the expiration date of the
Agreement from September 30, 2022 to June 30, 2023. All other terms and conditions are
the same. The original award, $49,520, was approved on October 20, 2021 (C-50-22-258-
X-00). The funding is not recurring, there is no match requirement, and it was competitively
bid. The purpose for which it is being used is not a mandated function, but it supports the
public safety mandate. Approval of this item will extend the amount of time available to attend
the Open-Source Intelligence Gathering and Analysis training and to purchase intelligence
software.
(C-50-22-258-X-01)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
25.
AMENDMENT TO SUBGRANTEE AGREEMENT FROM THE ARIZONA DEPARTMENT
OF HOMELAND SECURITY – PROJECT #200209-01
Approve Modification #1 and Amendment #2 to the Sub-grantee Agreement from the Arizona
Department of Homeland Security, Project #200209-01. The amendment extends the
expiration date of the Agreement from September 30, 2022 to August 31, 2023. All other
terms and conditions are the same. The funding award, $193,000, authorized November 18,
2020 (C-50-21-58-X-00), is unchanged. The award was competitively bid, recurring and
there was no match requirement. The purpose of this funding is for communication
integration costs of other regional agencies and expansion of the use of the new LInX
application. The activity is not mandated but it supports the public safety mandate. Approval
of this item will extend the amount of time available to use the funds.
(C-50-21-058-X-02)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
26.
ARIZONA ATTORNEY GENERAL’S OFFICE FY 2023 VICTIMS’ RIGHTS PROGRAM
(VRP) FUNDING
Approve the Agreement and acceptance of $159,900 in advance grant funding from the
Arizona Attorney General’s Office, Victims’ Rights Program (VRP). The Award Agreement
is – A.G. # 2023-046. The term of this funding is July 1, 2022 through June 30, 2023. The
Sheriff’s Office is mandated by Arizona Revised Statutes Title 13, Chapter 40 (Crime Victim’s
Rights) and Title 8, Chapter 3 (Victim Rights for Juvenile Offenses) to provide victim
notification upon a suspect’s arrest, next court appearance, release from custody, post-
conviction/post adjudication release etc.
This funding award offsets a portion of the cost to meet this mandate and provides funding
for positions as follows: .28 FTE of five (5) Justice System Clerks, .27 FTE for one (1) Justice
System Clerk Senior and .27 FTE for one (1) Justice System Clerk Supervisor position. The
award also funds certain operating expense. The remaining annual cost burden of this
mandate, calculated to be $393,365, is funded within the MCSO annual appropriation. The
MCSO indirect cost rate for FY23 is 12.30%. Unrecoverable indirect costs, estimated to be
$19,667.70, will be absorbed by the Detention Fund. This funding is recurring, there is no
matching requirement nor is there a competitive bid process for this grant. The grant award
does not require ongoing cash contributions after the grant period end date.
Formal Meeting Minutes
09/28/2022
Page 45 of 77
These 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.
(C-50-23-039-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
27.
ONE TIME ADDITION TO FLEET
Approve the one-time addition to fleet of red-lined vehicle #321527, a silver 2014 Chevy
Tahoe, VIN# 1GNLC2ECXFR538672, to be used primarily by the MCSO District IV for
Community Relations Sergeant. This vehicle will also be used for “call out” status, in
circumstances involving collateral duties such as CISM functions. The annual operating
expense for this vehicle is expected not to exceed $5,000 to be absorbed by the General
Fund. This vehicle is currently unmarked and the MCSO also requests, per A.R.S. § 38-
538-03, an exemption from markings. This vehicle will be retired at the end of its useful life
with no funding from the general or detention fund for replacement.
(C-50-23-040-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
28.
PERMANENT ADDITION TO FLEET
Approve a permanent addition to the County's fleet of a full-size SUV with an estimated cost
of $34,400 for the Inmate Canteen. This vehicle will primarily be used to transport working
inmates between their assigned jail housing units and the inmate canteen supply warehouse
and will occasionally be used to make canteen deliveries. The Inmate Services Fund (252)
will purchase this vehicle and support its annual operations that are estimated to be $2,800.
Acquisition of this vehicle will improve efficiency allowing transport of more personnel,
supplies and equipment in the same trip, rather than taking multiple trips--as is the current
situation. The vehicles currently used for this purpose have been in use since 1995 and are
past the point of repair.
(C-50-23-041-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
29.
SUB-RECIPIENT AGREEMENT WITH MARICOPA COUNTY, DEPARTMENT OF
EMERGENCY MANAGEMENT FOR SECURING THE CITIES (STC) FY23 FUNDING
Approve a Sub-Recipient Agreement and acceptance of grant funds to the Sheriff’s Office
(Subrecipient) (MCSO) from the Maricopa County Department of Emergency Management
(County) (DEM), Securing the Cities (STC) in the amount of $313,950 for the award period
beginning July 1, 2022, and terminating on June 30, 2031. This Agreement may be
terminated immediately by the County upon written notice to Subrecipient due to loss or
reduction of Federal grant funds. Both the County and the Subrecipient may terminate, in
whole or in part, as set forth in 2 CFR §200.340. The purpose of the award is to prevent the
successful possession, movement, and deployment of a nuclear or radiological weapon and
component materials by an adversary within Maricopa County by enhancing the nuclear
detection capabilities of the county and local agencies. Funding will be used to cover
personnel costs (regular and overtime salaries) of the MCSO employees participating in
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DEM’s training events and MCSO’s personnel costs to cover the normal duty posts of those
participating in the training events.
On January 26, 2022, the BOS approved the Memorandum of Understanding (MOU)
between Maricopa County Securing the Cities Program through the Department of
Emergency Management (DEM) and the Maricopa County Sheriff’s Office (MCSO) in
connection with the Securing the Cities (STC) Program for Maricopa County (C-50-22-094-
X-00). This is MCSO’s first funding award through this program. The award was non-
competitive, there is no match requirement, and there are no future or ongoing contributions
required after the grant period ends. The MCSO indirect cost rate for FY23 is 12.30%,
applicable to the award amount of $313,950 with no capital expenses for an indirect cost
base of $313,950 and indirect costs of $38,615.85. Indirect costs will be absorbed by the
General Fund. This is not a mandated function although it supports the MCSO public safety
mandate. The MCSO is one of several local law enforcement agencies in the Phoenix metro
area that participate in the Securing the Cities initiative.
These revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditures of these revenues are not prohibited by the budget
law.
(C-50-22-094-X-01)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
JUDICIAL BRANCH - PODER JUDICIAL
Superior Court - Tribunal Superior
30.
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM SUPERIOR COURT LAW
LIBRARY FUND TO SUPERIOR COURT BUILDING REPAIR FUND
In accordance with A.R.S. § 12-305(C), approve a Resolution authorizing a transfer of funds
from the Law Library Fund (261) to the Superior Court Building Repair Fund (280) in the
amount of $1,000,000.
Additionally, In accordance with A.R.S. 42-17106(B), approve the following amendments to
the FY 2023 budget:
1. Increase the expenditure authority in the Superior Court (D800) Law Library Fees Fund
(261) Non-Recurring Non-Project (NRNP) budget by $500,000.
2. Increase the revenue authority in the Superior Court (D800) Superior Court Building
Repair Fund (280) Non-Recurring Non-Project (NRNP) budget by $500,000.
3. Decrease the revenue and expenditure authority in the Eliminations (D980) Eliminations
Fund (900) Non-Recurring Non-Project (NRNP) budget by $500,000.
These actions will have a County-wide net impact of $0 and they do not alter the budget
constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S.
42-17105.
(C-80-23-000-X-00)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
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COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO
Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn
31.
RESIGNATION AND APPOINTMENT OF MARICOPA COUNTY WORKFORCE
DEVELOPMENT BOARD MEMBERS
Approval for the following actions regarding the Maricopa County Workforce Development
Board (MCWDB) as set forth below:
1. Accept the resignation of Christine Colon in the Governmental, Economic, and Community
Development category of the Maricopa County Workforce Development Board.
2. Accept the Department of Economic Security (DES) appointment nomination of Elizabeth
Valdez in the Governmental, Economic, and Community Development category of the
Maricopa County Workforce Development Board, effective upon approval through June 30,
2023 (completing the term of resigning member Christine Colon.) The full term of service will
follow, effective July 1, 2023, through June 30, 2026.
The MCWDB is established and receives its authority in accordance with the Workforce
Innovation and Opportunity Act (WIOA), which was signed into law on July 22, 2014 as Public
Law 113-128. The Maricopa County Board of Supervisors (BOS) shall have final authority.
The Maricopa County Board of Supervisors approves the appointments, and reappointments
and accepts the resignations of MCWDB members.
Supervisory District: All Districts
(C-95-23-014-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
COUNTY OFFICES AND DEPARTMENTS - DEPARTAMENTOS Y
OFICINAS DEL CONDADO
Elections - Elecciones
32.
ADOPT RESOLUTION FOR THE NOVEMBER 8, 2022 GENERAL ELECTION
PURSUANT TO A.R.S. §§16-411, ADOPT A RESOLUTION for the November 2022 General
Election authorizing the Director of In-Person Voting and Tabulation to designate the use of:
(1) vote centers on Election Day, November 8, 2022 (Exhibit A); (2) emergency voting
centers for emergency voting starting at 5pm on Friday November 4, 2022 through Monday
November 7, 2022 (Exhibit B); (3) the use of the accessible voting devices to provide out of
precinct voters with the appropriate ballot to lawfully cast the ballot after they present
identification as prescribed in section 16-579 (Exhibit C), (4) secure drop boxes at Maricopa
County voting locations and City Halls that are not able to host a vote center (Exhibit D).
The list of vote centers and emergency voting centers and their hours of operation are on file
with the Clerk of the Board of Supervisors and retained in accordance with LAPR approved
retention schedule and will be posted on the Election Department’s website after the Board’s
approval. If a vote center established pursuant to this resolution becomes unavailable and
there is not sufficient time for the Board of Supervisors to convene to approve an alternate
location for that vote center, the Director of In-Person Voting and Tabulation is authorized to
make changes to the approved vote center location and shall notify the public and the Board
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of Supervisors regarding the change as soon as practicable. The alternate vote center shall
be as close in proximity to the approved vote center location as possible. If additional vote
centers are identified between September 26, 2022, and Election Day beyond what is listed
in exhibits (A) and (C) the Director of In-Person Voting and Tabulation can make these
additions and notify the public and Board of Supervisors. The drop boxes will adhere to the
security requirements established in the December 2019 Arizona Secretary of States
Elections Procedures Manual and will be used to accept early ballots. Following Board
approval, the list of drop boxes and their hours of operation will be on file with the Clerk of
the Board of Supervisors and posted on the Election Department’s website. If a location
authorized pursuant to this resolution becomes unavailable and there is not sufficient time
for the Board of Supervisors to convene to approve an alternate location, the Director of In-
Person Voting and Tabulation is authorized to designate an alternate drop box location and
shall notify the public and the Board of Supervisors of the change as soon as practicable.
The alternate drop location box shall be close in proximity to the approved drop box location
and adhere to the security requirements established in the December 2019 Arizona
Secretary of States Elections Procedures Manual.
(C-21-23-010-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Emergency Management - Administración de Emergencia
33.
SUBRECIPIENT AGREEMENT WITH SECURING THE CITIES JURISDICTIONAL
PARTNERS
Approve the Subrecipient Agreement (SRA) between Maricopa County through the
Department of Emergency Management and the partners participating in the Securing the
Cities program. The purpose of this SRA is to allow for reimbursement for approved and
applicable drills, trainings, and exercises as part of the Securing the Cities Grant. The term
of this Agreement shall be from July 1, 2022, through June 30, 2031.
Arizona Fire and Medical Authority (AFMA) - C-15-22-001-X-00
Current SRA is for the Arizona Fire and Medical Authority. Amount of reimbursement not to
exceed $38,400.00.
(C-15-23-004-X-02)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
34.
SUBRECIPIENT AGREEMENT WITH SECURING THE CITIES JURISDICTIONAL
PARTNERS
Approve the Subrecipient Agreement (SRA) between Maricopa County through the
Department of Emergency Management and the partners participating in the Securing the
Cities program. The purpose of this SRA is to allow for reimbursement for approved and
applicable drills, trainings, and exercises as part of the Securing the Cities Grant. The term
of this Agreement shall be from July 1, 2022, through June 30, 2031.
City of Scottsdale IGA - C-15-22-001-X-03
Current SRA is for City of Scottsdale. Amount of reimbursement not to exceed $183,000.00.
(C-15-23-004-X-01)
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Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
35.
SUBRECIPIENT AGREEMENT WITH SECURING THE CITIES JURISDICTIONAL
PARTNERS
Approve the Subrecipient Agreement (SRA) between Maricopa County through the
Department of Emergency Management and the partners participating in the Securing the
Cities program. The purpose of this SRA is to allow for reimbursement for approved and
applicable drills, trainings, and exercises as part of the Securing the Cities Grant. The term
of this Agreement shall be from July 1, 2022, through June 30, 2031.
Arizona Department of Public Safety MOU: C-15-22-001-X-06
Current SRA is for the Arizona Department of Public Safety. Amount of reimbursement not
to exceed $129,075.00.
(C-15-23-004-X-03)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Finance - Finanzas
36.
FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS
Approve regular and routine fund transfers, warrant reports 08/26/2022 through 09/08/2022,
from the operating funds to clearing funds including payroll, journal entries, allocations,
loans, and paid claims and authorize the issuance of the appropriate related warrants.
Pursuant to A.R.S. §11-217(D) and A.R.S. §11-623, said warrants and claims are on file in
the Clerk of the Board’s office and retained in accordance with LAPR approved retention
schedule.
(C-18-23-035-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Human Resources - Recursos Humanos
37.
AMEND PREMIUM PAY RATES
Approve the Maricopa County Premium Pay Rates effective 9/28/2022. Human Resources
recommends adding a Judicial Assistant and Courtroom Assistant Float Differential, a
Surveillance Officer Differential, and a Critical Staffing Differential.
These premium pay rates apply to the County’s elected offices, appointed departments,
Judicial Branch of Maricopa County who receives funding from Maricopa County, the Flood
Control District of Maricopa County, and the Maricopa County Library 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-31-22-131-X-03)
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Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Human Services - Servicios Humanos
38.
AMENDMENT TO IGA WITH TOWN OF GILA BEND
Approve financial Amendment No. 1 to an Intergovernmental Agreement (“Agreement”)
between the Town of Gila Bend (“Subrecipient”) and Maricopa County (the “County”)
administered by its Human Services Department. The County and the Subrecipient are
referred to collectively as the “Parties.”
The purpose of the Agreement is for the Subrecipient to renovate the Gila Bend Community
Center and reconstruct approximately two hundred and fifty (250) feet of existing eight (8)
inch sewer lines. The County has provided the Subrecipient with $450,000 in U.S.
Department of Housing and Urban Development (HUD) Community Development Block
Grant CARES Act (CDBG-CV) funds under Assistance Listing Number (ALN) 14.218.
With this Amendment, The County shall provide Subrecipient with $50,000 in U.S.
Department of Housing and Urban Development (HUD) Community Development Block
Grant CARES Act (CDBG-CV) funds under Assistance Listing Number (ALN) 14.218.
The purpose of this Amendment No. 1 is to address the following:
A. The County shall provide the Subrecipient with an additional $50,000 to include
reconfiguration of the Community Center HVAC system to help reduce the potential spread
of infectious viruses through the HVAC system.
B. The Agreement amount shall now be increased to a total not-to-exceed amount of
$1,000,000.
C. Revise Section 2 (Special Provisions), Paragraph 4.0 (Audit Requirements) to address
the Audit Requirements process.
D. Revise Section 3 (Work Statement), Paragraph 2.0 (Scope of Work) to delete and replace
Subparagraph 2.1 (Project Description).
E. Revise Section 4 (Budget and Compensation), Paragraph 1.0 (Budget).
The Agreement is amended to incorporate the changes contained in this Amendment No. 1.
All other terms and conditions of the Agreement shall remain unchanged and in full force and
effect as executed by the Parties.
This Amendment No. 1 shall be effective upon approval and signature by both Parties.
FY2023: $50,000 Expenditures
Supervisory Districts 5
(C-22-22-050-X-01)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
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39.
AMENDMENT TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY WITH
ARIZONA DEPARTMENT OF ECONOMIC SECURITY
Approve and execute Amendment No. 7 to License Agreement for Use of Real Property (P-
50327) between Maricopa County (Licensor) and Arizona Department of Economic Security
(Licensee) for the use of County controlled facilities. The facilities are revised to include the
West Valley One-Stop Career Center (Facility 3) located at 4425 W Olive Ave, Glendale, and
the East Valley Campus (Facility 4) located at 1001 W Southern Ave, Mesa. The purpose of
the Agreement is for Licensee to share costs associated with the operation of the Facilities.
This Amendment retroactively extends the term of the Agreement as of July 1, 2022 through
June 30, 2023. The Amendment identifies the space allocated to Licensee and the costs
Licensee shall provide the County a monthly amount of $4,265.51 for base rent and $649.91
for shared operations costs. The anticipated annual shared costs shall not exceed $58,985
All funds collected under this Agreement will be applied against the costs associated with
the operation of the Facilities and are not considered revenue.
The Assistant County Manager for Maricopa County and/or the Real Estate Director for
Maricopa County may administer this Agreement. There is no cost to the County.
The overall Human Services Department budget will be adjusted as necessary to
accommodate the Amendment funding through a future reconciliation. This Amendment
does not impact County funds.
Supervisor Districts: All
(C-22-19-034-L-07)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
40.
IGA WITH SCOTTSDALE UNIFIED SCHOOL DISTRICT FOR MEAL SERVICE
DELIVERY
Approve a financial Intergovernmental Agreement “Agreement” between Scottsdale Unified
School District and Maricopa County, administered by its Human Services Department. The
purpose of this Agreement is to establish the terms and conditions governing the purchase
of full-service food catering services for the Maricopa County Head Start Program.
The District shall provide meals and snacks that meet the minimum 1/3 of the daily
recommended dietary allowances for Head Start Program participants. The Agreement is a
fixed price per meal and snack and shall not exceed $785,701.
Upon approval by the Parties, the Agreement shall be effective from October 1, 2022 to
September 30, 2023. The Agreement may be renewed by a written amendment with
agreement of both parties, provided however, that District is in full compliance with all terms
and conditions of this Agreement.
This contract is funded by grants from U.S. Department of Health and Human Services (C-
22-22-174-X-04/09CH012079-02-00), and the Arizona Department of Education/Child and
Adult Care Food Program (CACFP).
FY2023: $589,276
FY2024: $196,425
Supervisory District: 1, 2 (C-22-23-020-X-00)
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Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
41.
IGA WITH MESA UNIFIED SCHOOL DISTRICT FOR MEAL SERVICE DELIVERY
Approve a financial Intergovernmental Agreement “Agreement” between Mesa Unified
School District and Maricopa County, administered by its Human Services Department. The
purpose of this Agreement is to establish the terms and conditions governing the purchase
of full-service food catering services for the Maricopa County Head Start Program.
The District shall provide meals and snacks that meet the minimum 1/3 of the daily
recommended dietary allowances for Head Start Program participants. The Agreement is a
fixed price per meal and snack and shall not exceed $166,770.
Upon approval by the Parties, the Agreement shall be effective from October 1, 2022 to
September 30, 2023. The Agreement may be renewed by a written amendment with
agreement of both parties, provided however, that District is in full compliance with all terms
and conditions of this Agreement.
This contract is funded by grants from U.S. Department of Health and Human Services (C-
22-22-174-X-04/09CH012079-02-00), and the Arizona Department of Education/Child and
Adult Care Food Program (CACFP).
FY2023: $125,078
FY2024: $41,692
Supervisory District: 1, 2
(C-22-23-021-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
42.
IGA WITH THE CITY OF MESA FOR EMERGENCY RENTAL ASSISTANCE
Approve a financial Intergovernmental Agreement between the City of Mesa (“Subrecipient”)
and Maricopa County, administered by its Human Services Department. Through this
Agreement the Subrecipient will provide Emergency Rental Assistance to residents in the
City of Mesa and its unincorporated areas, impacted by the COVID-19 pandemic. The
County shall provide the Subrecipient with $5,500,000 to provide rental assistance services.
Also request authorization for the Chairman to sign Administrative Change Orders as
outlined in Section 5.0 Administrative Change Orders:
5.1 The Chairman of the Board of Supervisors is authorized upon the recommendation of
the Human Services Department Director and Legal Counsel to make changes within the
general scope of the Agreement on behalf of the County through Administrative Change
Orders. The Subrecipient’s City Manager, or his designee, is authorized to approve and sign
Administrative Change Orders on behalf of Subrecipient. Administrative Changes shall be
approved by both Parties and fully executed by the Chairman of the Board of Supervisors
and Subrecipient. Administrative Change Orders may address any of the following areas:
5.1.1 Modifications to the project timeline if the last day of the project timeline is within the
Agreement term;
5.1.2 Modifications to Budget line items if the Agreement Amount remains unchanged;
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5.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies;
and
5.1.4 Modifications to Administrative requirements such as changes in reporting periods,
frequency of reports, or report formats required by the U.S. Department of Treasury or local
regulations, policies, or requirements.
The Agreement term shall be retroactive to September 26, 2022 through December 29,
2022. The funding for this Agreement is provided by the Assistance Listing Number (ALN)
21.023 American Rescue Plan Act Emergency Rental Assistance allocated to Maricopa
County.
This Agreement shall be effective upon approval and signature by both Parties.
FY2023: $5,500,000 Expenditures
Supervisor Districts: 2
This item was continued from the September 14, 2022 BOS Formal meeting.
(C-22-23-025-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Medical Examiner - Médico Forense
43.
AMENDMENT TO IGA WITH ASU FOR DATA SHARING AND MATERIAL TRANSFER
Extend the term of this non-financial Intergovernmental Agreement (IGA) between Arizona
Board of Regents for and on behalf of Arizona State University and Maricopa County through
the Office of the Medical Examiner for one year, as allowed within the agreement. The new
termination date is December 31, 2023; all other terms and conditions remain unchanged.
The IGA establishes the basis for the Office of the Medical Examiner to assist ASU in
research improving capabilities for identification of unidentified decedents.
(C-29-20-007-3-01)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Procurement Services - Servicios de Adquisiciones
44.
REVISIONS TO MARICOPA COUNTY POLICY A2313 - GENERAL TRAVEL
Approve revisions to Maricopa County Policy A2313 - General Travel
The Office of Procurement Services (OPS) is the department designated as the ‘owner’ of
Policy A2313 – General Travel. OPS has worked with Human Resources, Internal Audit, the
Sheriff’s Office and the County Attorney’s Office to make revisions to this policy which include
updates to definitions, clarification or modification of reimbursable expenses, including
meals, tips and mileage, additional provisions for Out of Continental US travel, and
provisions to allow for extradition/investigative travel to adopt alternate procedures which are
no less restrictive than this policy.
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This policy has been approved by Human Resources, Internal Audit, MCSO, MCAO, the
County Manager, and the Clerk of the Board's Office.
Specific updates include the following:
Updated definitions of Travel Authorization and Expense Report, Travel Status, and
Travel/Training Card; added that a court order is an approved requirement for Out of
Continental US Travel; revised VI.B.1.c for consistency with General Services Administration
regarding continental breakfast; updated VI.B.1.d and e to provide for tips for ride share
providers; revised retention language under VI.B.2; added ‘or limits approved by grant
funding’ to VI.C.1.b; added item IX which states a) Extradition travel as it is initiated by court
order, and Investigative travel are exempt from the requirement for County Manager pre-
approval for Travel Out of the Continental US b) MCSO may impose additional, but not less
restrictive requirements for extradition/investigative travel. c) Reasonable alternative
methods for per diem calculation on travel days may be used for Extradition travel as long
as the calculation does not exceed the maximum allowable daily GSA rate. (C-18-03-016-
06-04)
(C-18-03-016-6-05)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
45.
220230-RFP TELECOM EXPENSES MANAGEMENT AND CHARGEBACK SOLUTION
Approve the award of a contract to Softeligent, LLC for Telecom Expense Management and
Chargeback Solution for the County in the amount of $1,218,750. The initial contract term
is five (5) years effective October 1, 2022 and ending on September 30, 2027 with the option
for five (5) annual renewals.
(C-73-23-023-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
46.
220286-ROQ FEDERAL LEGISLATIVE ADVOCACY SERVICES
Approve the contract for award at an estimate of $234,000.00 over 3 years until September
30, 2025 with 3 one year renewal options. The effective date of the contract will be October
1st, 2022. The purpose of the contract is to provide to Maricopa County federal legislative
advocacy services.
(C-73-23-024-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
47.
APPROVAL OF SMALL & LOCAL BUSINESS ADVOCACY PROGRAM
Approve the Small and Local Business Advocacy Program which will enable opportunities
for small and local businesses to participate in County procurement. The program will apply
to all informal requests for quotes for goods and services under Article 3 of the Maricopa
County Procurement Code, that do not exceed an aggregate amount less than $100,000,
not covered under an existing agreement, not exempted elsewhere in the Code.
(C-73-23-025-X-00)
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Chairman Gates thanked Valerie Beckett, Assistant County Manager, and Kevin Tyne,
Director of Procurement for their work in creating the Small & Local Business Advocacy
Program. He said this was a Chairman’s priority item, assisting small and local
businesses in working with Maricopa County.
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
48.
PILOT PROGRAM FOR COURT ORDERED EVALUATION & TREATMENT SERVICES
230044-SS
Approve a sole source pilot program to provide court ordered evaluations and treatment
services to Mercy Care for a one (1) year term from October 1, 2022 thru September 30,
2023, with a one (1) year renewal option, in an amount not-to exceed $1,520,000.
(C-73-23-026-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Public Health - Salud Pública
49.
ADMINISTRATIVE CORRECTION TO IGA WITH CITY OF GLENDALE FOR THE
PUBLIC HEALTH FELLOWSHIP PROGRAM
Approve an administrative correction to item C-86-23-012-X-00, approved by the Board on
August 17, 2022 regarding the Intergovernmental Agreement (IGA) between MCDPH and
the City of Glendale for the Public Health Fellowship Program. The start date of the
agreement is August 17, 2022, however the actual agreement incorrectly stated July 1, 2022
as the begin date. The date of August 17th, 2022 was mentioned correctly in the Agenda
summary. With permission from the City of Glendale we have updated the attachment with
the correct start date.
(C-86-23-012-X-01)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
50.
AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR
DIETETIC INTERNSHIP PROGRAM
Approve Amendment No. 4 to Intergovernmental Agreement (IGA) Contract No. CTR046145
between Arizona Department of Health Services (ADHS) and Maricopa County by and
through its Department of Public Health (MCDPH) to provide continued funding for the
Dietetic Internship Program. The price sheet is effective October 1, 2022 through September
30, 2023 for the not-to-exceed amount of $179,727. The term of this Agreement is October
1, 2019 through September 30, 2024.
It is mutually agreed that the referenced IGA is amended as follows:
1. Pursuant to Terms and Conditions, Provision Six (6), Contract Changes, Section 6.1,
Amendments, Purchase Orders and Change Orders, the following changes are hereby made
under this Amendment Four (4);
1.1 The Price Sheet is hereby revised and replaced; and
1.2 Exhibit A is added.
This grant award is reoccurring and has been awarded to the department for many years.
There is no cash or in-kind match required and indirect costs are fully recoverable. Ongoing
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cash contributions will not be required. The grant award is not a mandated function but
provides a benefit to the citizens by increasing the number of Women, Infant and Children
(WIC) Registered Dietitians to provide high risk nutrition counseling for the community. The
grant award is not competitively bid and the department’s operating budget is not required
to absorb any costs.
The Department of Public Health’s Indirect Rate for FY2023 is 17.24%. Indirect costs are
budgeted at $26,428.64 which are fully recoverable. Departmental indirect rates are
reestablished at the beginning of each fiscal year and the future indirect rates will be collected
at the corresponding rates.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This
Amendment does not alter the budget constraining expenditures of local revenues duly
adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be
adjusted as necessary to accommodate this grant through a future reconciliation. Funding
for this Agreement is provided by a Grant from ADHS and will not affect the County’s general
fund.
(C-86-20-011-3-04)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
51.
AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR
THE PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM
Approve amendment No. 2 to the Intergovernmental Agreement (IGA) No. CTR055214 for
the Public Health Emergency Preparedness Program (PHEP) between Arizona Department
of Health Services (ADHS) and Maricopa County by and through its Department of Public
Health (MCDPH). Funding is provided to improve the preparedness of each community in
the event of a public health emergency. Nothing in this Agreement is meant to supplant or in
any other way discourage existing planning and coordination between County and Tribal
Health Departments. This Agreement is designed to increase participation in the ongoing
development of the State and County Health Preparedness Infrastructure through the CDC
Public Health Preparedness Cooperative Agreement with the ADHS.
This amendment revises the Scope of Work, Price Sheet and adds Exhibit A (CFR200.332
Requirements for pass-through entities) and Exhibit B (Grant Deliverables from the Bureau
of Public Health Emergency Preparedness). This amendment is for Budget Period 4 which
includes the Period of Performance of July 1, 2022 through June 30, 2023. The purpose of
this amendment is to include ADHS PHEP Grant Deliverables to MCDPH and specify ADHS
expanded authority to carryover of unobligated balances from one (1) budget period to a
subsequent budget period. The Unobligated funds may be used for purposes within the
scope of the project as originally approved. The amendment further clarifies the budget
timeline in Section 4.1.6 and states that COVID grant funds may be applied to approved
Contractor expenses incurred up to and March 15, 2023. This also applies to the Workforce
Development grant funds. The total not-to-exceed amount is $3,174,569.00 ($1,941,093 for
PHEP & $1,233,476 for CITYRD) for the Budget period four (4) from July 1, 2022 through
June 30, 2023. The IGA term began July 1, 2021 and terminates June 30, 2026.
MCDPH’s Indirect Rate for FY23 is 17.24%. The indirect costs are estimated at $285,435.37
for PHEP & $181,381.15 for CITYRD 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 rates.
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Awards were funded by grants from the Centers for Disease Control and Prevention (CDC)
of the U.S. Department of Health and Human Services (HHS) under Assistance Listings (fka
CDFA) number of 93.069.
(C-86-22-216-X-02)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
52.
AMENDMENT TO SOLE SOURCE CONTRACT WITH HOLOGIC FOR RAPID
IDENTIFICATION TESTS KITS
Approve a request to increase the maximum threshold and extend the Sole Source Contract
between Maricopa County, by and through its Department of Public Health (MCDPH), and
Hologic to provide FDA approved tests kits for the Clinical Lab Services division. The original
Sole Source was approved by the Board of Supervisors on 7/22/2020 under C-86-21-003-
X-00 with an initial term date of August 31, 2020 through August 30, 2023 and allowed for
two (2) one (1) year extensions. The budgeted amount was expected to be $500,000 per
year, for a cumulative not-to-exceed total of $1.5 million for the initial 3-year term. This
request is to formerly extend the sole source authorization for the remaining 2 years to being
retroactively from 8/3/2022 through 8/30/2025 and add additional funding of $1,500,000
bringing the total not to exceed amount to $3,000,000 over the life of the contract. The Sole
Source extension was advertised on August 11th, August 18th, and on August 25th.
The Sole Source contract is necessary because Hologic is the only company that offers an
FDA approved nucleic acid-based culture identification system capable of identifying
Mycobacterium tuberculosis complex, M. kansasii, M. gordonae, M. avium complex, M.
avium and M. intracellulare. The MCDPH laboratory has been using these probes for several
years and has the equipment and instrumentation already in place required for testing.
(C-86-21-003-X-01)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
53.
AMENDMENT TO GRANT FOR AZ HEALTH ZONE, SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM-EDUCATION (SNAP-ED)
Approve Amendment Number 2 to Grant number RFGA2020-001-001 between Arizona
Department of Health Services (ADHS), Bureau of Nutrition and Physical Activity (BPNA) in
partnership with the AZ Department of Economic Security (AZDES), Family Assistance
Administration and Maricopa County by and through its Department of Public Health
(MCDPH) for the Arizona Health Zone SNAP-Ed. The term of this grant has been changed
to October 1, 2020, through June 29, 2025. The budget period is effective October 1, 2022,
through September 30, 2023, for the not- to- exceed amount of $2,205,533.00.
Effective upon signature by both parties, it is mutually agreed that the Grant referenced in
this amendment is amended as follows:
1. Pursuant to the Terms and Conditions, Provision Five (5), Contract Changes, Exhibit Two
(2) has been added; the Grant is hereby extended to June 29, 2025.
MCDPH’s indirect rate for FY23 is 17.24%. $100,000 is pass-thru and not subject to indirect.
The full indirect costs are estimated at $309,616.08 all of which are recoverable.
Departmental indirect rates are reestablished at the beginning of each fiscal year and the
future indirect rates will be collected at the corresponding rates.
(C-86-22-252-X-01)
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09/28/2022
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Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
54.
AGREEMENT WITH NURSE FAMILY PARTNERSHIP NATIONAL FOR
IMPLEMENTATION OF THE NURSE-FAMILY PARTNERSHIP PROGRAM
Approve an Agreement between Nurse Family Partnership (NFP) National and Maricopa
County by and through its Department of Public Health (MCDPH), Office of Family Health,
for the implementation of the Nurse Family Partnership Program with prices for Visitor and
education fees located in Exhibit D. The annual not-to-exceed amount is $60,000, which may
change based on number of the Nurse Home Visitor team members and services completed.
This agreement is effective retroactively November 1, 2021 through October 31, 2023, with
automatic renewals until terminated by either party.
The purpose of the Agreement is to solidify program benefits for low-income, first-time
mothers to develop behaviors to enable healthier pregnancies and attain greater economic
self-sufficiency. The agreement specifies the Model Elements of the NFP and identifies
Southwest Human Development as the Subcontractor through the NFP Network. This
Agreement includes a HIPAA Business Associate Addendum as Exhibit E.
(C-86-23-044-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
55.
STUDENT ROTATION TRAINING AGREEMENT WITH ILLINOIS STATE UNIVERSITY
Approve the Student Rotation Training Agreement with The Board of Trustees of Illinois State
University (ISU) to allow students to participate in learning experiences at the Maricopa
County Department of Public Health (MCDPH). The agreement is non-financial and the term
is to be from September 1, 2022 through May 12, 2023.
The agreement would allow students from ISU to complete unpaid educational rotations with
the WIC program and other programs, and to sustain a working partnership with MCDPH.
(C-86-23-045-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
56.
APPLY AND ACCEPT GRANT FUNDS FROM HEALTH SERVICE AND RESOURCES
ADMINISTRATION FOR LIFE SAVING MEDICAL AND SUPPORT SERVICES
Approve the application and acceptance of grant funds from Health Services and Resources
Administration (HRSA) in the not-to-exceed amount of $10,977,969. The grant will provide
continued lifesaving medical and support services to people living with HIV/AIDS. Authorize
the Board Chairman to sign all documents related to these grant funds, as applicable. The
non-competing continuation award period begins on March 1, 2023 and ends February 28,
2024.
The grant award is reoccurring and has been awarded to the department for many years.
This is a non-competing continuation opportunity and there is no cash or in-kind match
required. This is not a mandated service but provides a benefit to our citizens with the
provision of health related and support services for up to 4500 People Living with HIV/AIDS.
Should the grant cease, on-going contributions should not be required.
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This grant deviates from County Policy A2505 and does not allow for full indirect cost
reimbursement, but a maximum of 10% indirect cost reimbursement as delegated in the
grant agreement. MCDPH indirect rate for FY23 is 17.24%. Sub-recipient awards will total
approximately $9,648,203 and is not subject to indirect. The full indirect costs are estimated
to be $208,410.60 of which $120,877.82 is recoverable and $87,522.78 is unrecoverable. All
program costs are allocated to the grant so there will be no additional burden on the
department’s operating budget.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditure of the funds is not prohibited by the budget law.
Approval of this action does not alter the budget constraining the expenditure of local
revenues duly adopted by the Board pursuant to A.R.S. §42-17105.
(C-86-23-047-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
57.
CONTRACT AMENDMENT WITH DESERT MISSION, INC FOR ARIZONA HEALTH
ZONE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM – EDUCATION (SNAP-
ED) SERVICES
Approve amendment #2 of Contract No. PH NOI 20008 between Desert Mission, Inc. and
Maricopa County by and through its Department of Public Health (MCDPH) to provide
funding for Arizona Health Zone, Supplemental Nutrition Assistance Program – Education
(SNAP-Ed) services. This Contract is for a term of three (3) years, beginning October 1,
2020 and ending September 30, 2023. The budget period is effective October 1, 2022
through September 30, 2023 for the total not-to-exceed amount of $100,000. The County
may, at its option and with the agreement of the Contractor, renew the term of this Contract
for additional terms up to a maximum of five (5) years.
Funding for this contract is made available by the United States Department of Agriculture
(USDA) (CFDA 10.561) via Arizona Health Zone RFGA2020-001-001 with Arizona
Department of Health Services approved August 19, 2020 as C-86-21-025-X-00.
This Contractor was a successful respondent to PH NOI 20008 which was issued by the
Maricopa County Department of Public Health on December 06, 2019. This Contract was
procured under Section MC1-330 of the Maricopa County Procurement Code.
(C-86-21-102-X-02)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
58.
IGA WITH THE CITY OF PHOENIX FOR THE PUBLIC HEALTH FELLOWSHIP
PROGRAM
Approve an IGA between the City of Phoenix and Maricopa County by and through its
Department of Public Health (MCDPH) to provide Public Health Fellows ('Fellows’) with a
comprehensive, experiential public health experience, in a hybrid environment relating to
issues exacerbated by the COVID-19 pandemic, including mental health and substance
use/misuse and abuse. Fellows will receive training in the areas of program management,
budget, and public health administration. The term of this Agreement shall begin retroactively
on July 1, 2022 and is thru June 30, 2024.
Fellows will be employed full time by the County and receive all benefits associated
therewith. Fellows will be hired under the Market Range title Public Health Intern with a hiring
compensation range of $24.05-$29.15 hourly. There will be no financial compensation from
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09/28/2022
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the City of Phoenix under the terms of this agreement. This Agreement/ IGA will be funded
by the Senate Bill 1847. This Agreement may be terminated by either party upon prior written
notice to the other party and the Agreement may be renewed for additional terms by the
mutual consent of both parties.
(C-86-23-046-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
59.
PURCHASE ORDER TO IGA FOR TUBERCULOSIS CONTROL PROGRAM WITH
ARIZONA DEPARTMENT OF HEALTH SERVICES
Approve a Purchase Order (PO) for the TB State IGA ADHS19-206652 (aka CTR038392)
between Arizona Department of Health Services (ADHS) and Maricopa County by and
through its Department of Public Health (MCDPH) for the Tuberculosis Control Program. The
not-to-exceed amount of $281,650.00 is for the budget period July 1, 2022, through June 30,
2023. The IGA term is July 1, 2018, through June 30, 2023. This is the final year of the Cost
Reimbursement Contract.
This grant award is reoccurring and has been awarded to the department for many years.
There is no cash or in-kind match requirement. TB services are mandated; should the grant
cease, on-going contributions may be required. The grant award was not competitively bid.
Maricopa County Department of Public Health’s indirect rate for FY23 is 17.24%. This grant
allows for full indirect, therefore the estimated amount of $41,416.29 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 rates.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore expenditure of the revenues is not prohibited by the budget law.
This Agreement does not alter the budget constraining expenditures of local revenues duly
adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be
adjusted as necessary to accommodate this grant through a future reconciliation. Funds for
this Agreement are provided by ADHS and do not affect the County’s general fund.
(C-86-19-002-3-04)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
60.
NOTICE OF SUBAWARD FOR GRANT FUNDS FROM ARIZONA BOARD OF
REGENTS ON BEHALF OF UNIVERSITY OF ARIZONA FOR THE ARIZONA
PREVENTION RESEARCH CENTER PROJECT
Accept and approve Subaward Amendment No. 4 U48DP006413-01-03, from the Arizona
Board of Regents for and on behalf of the University of Arizona (UofA) to Maricopa County
by and through its Department of Public Health (MCDPH). To provide continued funding for
applied public health research to address chronic disease health disparities. The subaward
provides funding in the not-to-exceed amount of $60,000 for year four budget period
beginning September 30, 2022 through September 29, 2023. The term of the agreement is
September 30, 2019 through September 29, 2024.
This is year four (4) of a new grant and its reoccurrence is not known. It was a competitive
grant opportunity and there is no cash or in-kind match required. Should the grant cease,
on-going contributions should not be required. This is not a mandated service but provides
a benefit to our citizens by providing connections between community and clinical sectors to
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prevent chronic disease and improve population health. MCDPH indirect rate for FY23 is
17.24%. Total grant indirect costs are estimated to be $8,378.00 and are fully recoverable.
$8,822.93, all of which is recoverable. Departmental indirect rates are reestablished at the
beginning of each fiscal year and the future indirect rates will be collected at the
corresponding rates.
Grant revenues are not local revenues for the purpose of the constitutional expenditure
limitation, and therefore, expenditure of the funds is not prohibited by the budget law.
Approval of this action does not alter the budget constraining the expenditure of local
revenues duly adopted by the Board pursuant to A.R.S. §42-17105.
(C-86-20-034-G-04)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Real Estate - Bienes Raíces
61.
TERMINATION OF IGA BY U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT
ADMINISTRATION
Approve and confirm the termination by the U.S. Department of Justice, Drug Enforcement
Administration (DEA) of Intergovernmental Agreement (IGA) (C-76-04-001-2-00) by and
between Maricopa County and DEA and authorize the Director of the Real Estate
Department to send written confirmation of the termination to DEA. DEA’s thirty-day notice
of termination was dated August 30, 2022, and stated DEA will no longer be maintaining
radio communications equipment at Thompson Peak or Mount Ord.
(C-76-04-001-2-01)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
62.
NEW SUBLICENSOR UNDER COMMUNICATIONS SITE SUBLICENSE AGREEMENT
P-50389
Approve an administrative change to Communications Site Sublicense Agreement P-50389
to recognize DW Tower, LLC, a Delaware limited liability company, as the new Sublicensor
for the county radio tower located on the Tortilla Flat communication site.
(C-78-20-008-3-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Transportation - Transportación
63.
AMENDMENT TO GOVERNMENTAL ACCOUNTING STANDARDS BOARD
STATEMENT NO. 34
Amend action taken place on August 31, 2022 (C-64-23-050-X-00) to establish County policy
for minimum road system condition levels per the requirement of the Governmental
Accounting Standards Board Statement No. 34 using the modified approach for reporting
infrastructure assets.
Amend as follows:
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Road System – 75% of centerline miles with Overall Condition Index (OCI)≥60 and no more
than 5% of centerline miles with OCI<40
The Department has made changes to the methodology for how pavement inspections are
conducted. The revised methodology is more robust and incorporates a Quality Assurance
system that helps insure consistent, repeatable inspections. The change in inspection
methodology resulted in a significant drop in the OCI that is attributable to the new system,
not to actual pavement condition changes. As a result, we are amending the road system
rating to conform to the new methodology. This includes a revision to classification of the
road condition based on OCI to the following: Very Good (90-100), Good (75-90), Fair (60-
75), Poor (40-60), and Very Poor (<40).
The Department of Transportation is required to comply with the Governmental Accounting
Standards Board Statement No. 34 for reporting infrastructure assets (i.e., roads, bridges,
etc.). The Department elected to use the modified approach for reporting infrastructure
assets which means infrastructure assets will not be depreciated as long as two
requirements are met. First, the assets are managed using an asset management system.
Second, the government documents that the infrastructure assets are being preserved
approximately at (or above) a condition level established and disclosed by the Board of
Supervisors. The condition levels established by the Board of Supervisors will be reported
in the County’s Annual Comprehensive Financial Report (ACFR). This agenda item
establishes the policy for minimum condition levels to be disclosed annually in the ACFR and
amends the previously established pavement condition rating system to follow the
Cartegraph based rating system.
The condition of road pavement is measured using the Cartegraph rating system, which is
based on the weighted averages of pavement surface distress factors using ASTM 6433.
The Cartegraph system uses a measurement scale to evaluate OCI ranging from zero for a
failed pavement to 100 for a pavement in perfect condition. Pavement condition
assessments are determined annually for arterial roads and every other year for local roads.
The Department of Transportation is in compliance with these condition ratings and no
additional funding will be required to maintain the current condition rating.
Supervisory Districts No. 1, 2, 3, 4 & 5
(C-64-23-050-X-01)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
64.
TRANSFER OF COUNTY RIGHT-OF-WAY TO THE CITY OF AVONDALE: LOWER
BUCKEYE ROAD
Pursuant to ARS §9-471(O), approve the transfer of County right-of-way to the City of
Avondale. The County right-of-way within Lower Buckeye Road from Avondale Boulevard to
112th Lane. In accordance with Ordinance No. 2047-0822 the transferred right-of-way will
be treated as newly annexed territory.
City of Avondale has adopted Ordinance No. 2047-0822 transferring County right-of-way
and has requested mutual consent of the Board of Supervisors pursuant to ARS §9-471(O).
(General Vicinity: Lower Buckeye Road and Avondale Boulevard. Supervisory District No.
5)
(C-64-23-105-X-00)
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Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
65.
SOLAR POWER ELECTRICAL AGREEMENT WITH MESQUITE SOLAR 4, LLC
Approve The Agreement Between Maricopa County and Mesquite Solar 4, LLC (MS4). This
is a non-exclusive agreement that will allow MS4 to operate and maintain a solar power
electrical system within the County ROW after securing a permit from MCDOT.
The Agreement shall be effective upon full execution by the Parties and continue for five
years from the Effective Date, unless terminated sooner as provided herein.
The applicant has had the opportunity to review and work with MCDOT, has satisfied legal
review, and meets necessary requirements.
Supervisory District No. 4
(C-64-23-106-X-00)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
INDUSTRIAL DEVELOPMENT AUTHORITY - AUTORIDAD PARA EL
DESARROLLO INDUSTRIAL
66.
ADOPT A RESOLUTION APPROVING THE ISSUANCE OF NOTES FOR THE BENEFIT
OF STEEPLE CHASE PRESERVATION APARTMENTS, LLC
Adopt a resolution to approve the proceedings of The Industrial Development Authority of
the County of Maricopa for the issuance of its Multifamily Notes (Steeple Chase Apartments
Project), Series 2022A and Subordinate Multifamily Note (Steeple Chase Apartments
Project) Series 2022B in an aggregate principal amount not to exceed $20,000,000
(C-18-23-034-X-00)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve 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 Setting of Hearings - Configuración de Audiencias de la Secretaria de la
Junta
67.
SETTING OF HEARING FOR THE SUBMITTED PETITIONS TO FORM JANET ROSE
IRRIGATION WATER DELIVERY DISTRICT
Pursuant to A.R.S. § 48-3423, set a hearing date to accept the petitions filed for the formation
of the proposed Janet Rose Irrigation Water Delivery District as they have been determined
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to be signed by a majority of the owners of acreage within the proposed boundaries of the
district. The hearing is set for Wednesday, October 19, 2022 at 9:30 a.m.
The Board will order the Clerk of the Board to publish the petitions and the notice of hearing
twice in a newspaper, the last not being less than 10 days before the hearing and post five
(5) copies of the petitions and notice within the proposed district boundaries in conspicuous
places within the proposed district boundaries described as:
The South 200 feet of the North 397 feet of Lot 17, ORANGE HEIGHTS, a Subdivision of
the South Half, of Section 9, 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 5 of Maps, Page 2;
TOGETHER WITH
The North 152 feet of the East 311.57 feet of the South Half of Lot 19, ORANGE HEIGHTS,
a Subdivision of the South Half, of Section 9, 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 5 of Maps, Page 2;
TOGETHER WITH
The North 217.50 feet of the South 453 feet of Lot 23, ORANGE HEIGHTS, a Subdivision of
the South Half, of Section 9, 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 5 of Maps, Page 2;
EXCEPT the West 152 feet thereof.
TOGETHER WITH
Lot 24, ORANGE HEIGHTS, a Subdivision of the South Half, of Section 9, 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 5 of
Maps, Page 2;
TOGETHER WITH
Lots 1 through 16 of ROSE GARDENS UNIT TWO, a Subdivision of the Southeast Quarter
of the Southeast Quarter, of Section 9, 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 69 of Maps, Page 29;
TOGETHER WITH
Lots 1 through 12 of ROSE GARDENS UNIT THREE, a Subdivision of the Southeast Quarter
of the Southeast Quarter, of Section 9, 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 69 of Maps, Page 45;
TOGETHER WITH
Lots 1 through 16 of JANET MANOR, a Subdivision of the Southeast Quarter, of Section 9,
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 70 of Maps, Page 35;
TOGETHER WITH
Lots 1 through 14 of ROSE LANE ESTATES, a Subdivision of the South Half, of Section 9,
Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to
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the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona,
Recorded in Book 68 of Maps, Page 43;
TOGETHER WITH
Lots 1 through 7 of ROSE LANE MANOR, a Subdivision of the Southeast Quarter, of Section
9, 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 74 of Maps, Page 33;
TOGETHER WITH
That portion of abandoned alley as described per Docket 11701, Page 147, and Docket
12093, Page 1383.
TOGETHER WITH
Lots 1 through 3 of SERRANO PARK, a Subdivision of the Southeast Quarter, of Section 9,
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 227 of Maps, Page 7. (Supervisorial District 3)
(C-06-23-239-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Planning and Development Setting of Hearings - Configuración De Audiencias de
Planificación y Desarrollo
68.
PLANNING & ZONING SETTING OF HEARINGS
Schedule the following items for public hearing at the October 19, 2022 Board Hearing:
Z2021076 – Superior Tanks – SUP – Dist. 5
Z2021131 – 8815 E. Apache Trail – ZC with Overlay – Dist. 2
Z2021137 – Envirotech Group – ZC with Overlay – Dist. 5
Z2021163 – SR 24 RV & Boat Storage – SUP - Dist. 2
Z2022003 – The Flower Shop Ahwatukee – Dist. 1
Z2022068 – The Ville – Apartment Townhomes – Dist. 4
Z2022075 – NWC 202 & Apache – ZC with Overlay – Dist. 2
Z2022082 – Power & Riggs Commercial – ZC with Overlay – Dist. 1
Z2022085 – SEC of 202 & Apache – ZC Major – Dist. 2
Z2022109 – LCO Outdoor Advertising – Billboard Digital Conversion – SUP – Dist. 1
Z2022111 – Arrington Outdoor – SUP – Dist. 1
Z2022121 – Billboard Conversion – SUP – Dist. 5
(C-44-23-071-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Transportation Setting of Hearings - Configuración De Audiencias de Transportación
69.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0206
Set a hearing for December 7, 2022 for Road File No. PAB-0206 to consider the request to
abandon a portion of a Federal Patent Easement Number 1202425 lying in the Southwest
quarter of Section 09 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa County,
Formal Meeting Minutes
09/28/2022
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Arizona being described as follows: The East 33 feet EXCEPT the South 33 feet and South
33 feet EXCEPT the East 55 feet all within APN 201-16-019C as described in the Maricopa
County Recorder Document No. 2020-0962578. Located in the general vicinity of Lake
Pleasant Parkway and Mariposa Grande, and known as Assessor Parcel Number 201-16-
019C.
Supervisory District No. 4
(C-64-23-084-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
70.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0188
Set a hearing for December 7, 2022 for Road File No. PAB-0188 to consider the request to
abandon a portion of a Federal Patent Easement Number 1177044 lying in the Northeast
quarter of Section 5, Township 4 North, Range 3 East, of the Gila and Salt River Meridian,
Maricopa County, Arizona being described as follows:
The West 13 feet of the East 33 feet GLO (General Land Office) Lot 5 of said Section 5,
except the North 90 feet thereof. Located in the general vicinity of Briles and 6th St and
known as Assessor Parcel Number 210-14-001D, E, F.
Supervisory District No. 3
(C-64-23-101-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
71.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0210
Set a hearing for December 7, 2022 for Road File No. PAB-0210 to consider the request to
abandon a portion of a Federal Patent Easement Number 1194926 lying in the Southwest
quarter of Section 09 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa County,
Arizona being described as follows:
The West 33 feet of South 155.00 feet of the N2 of the SE4 of the NW4 of the SW4 of said
Section 09. Located in the general vicinity of 97th Ave and Mariposa Grande and known as
Assessor Parcel Number 201-16-016C.
Supervisory District No. 4
(C-64-23-109-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
72.
PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0209
Set a hearing for December 7, 2022 for Road File No. PAB-0209 to consider the request to
abandon a portion of a Federal Patent Easement Number 1212889 lying in the Southwest
quarter of Section 09 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa County,
Arizona being described as follows:
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The East 33 feet and North 33 feet of the property as described in Maricopa County Recorder
Document 2018-0487320.Located in the general vicinity of Lake Pleasant Parkway and
Mariposa Grande, and known as Assessor Parcel Number 201-16-038L.
Supervisory District No. 4
(C-64-23-110-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
73.
ROAD FILE NO. A722
Set a hearing for November 2, 2022 for Road File No. A722 to Open and Declare the
following described alignment(s) 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(s) into the County Transportation System, Road File No.
A722.
Legal description and map or plat identified as Exhibit "A” is attached.
(General Vicinity: 7th Avenue and Honda Bow Road and lying in Supervisor District 3.)
(C-64-23-104-X-00)
Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
CONSENT AGENDA - AGENDA DE CONSIENTA
Clerk of the Board Consent Agenda - Secretaria de la Junta Agenda de Consienta
74.
CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD
OF TRUSTEES FOR HYDER VALLEY IWDD NO. 35
Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16-
410(A) and the letter received from Hyder Valley IWDD No. 35:
1. Cancel the election scheduled to be held on November 16, 2022.
2. Appoint Peter Aronstam, Roger Fincher, and Angela Gutierrez as Trustees to fill the
expired terms.
The appointed Trustees shall serve a two-year term effective January 1, 2023 through
December 31, 2024, OR until his/her successor is elected and qualified. A person who is
appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the
office as if elected to that office (Supervisorial District 5).
(C-06-23-194-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
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75.
CIVIL PENALTY APPEALS – FOR APPROVAL
Pursuant to A.R.S. §42-12052, for property owners who timely satisfied the requirements of
primary residence status:
1. Approve property owners' appeals of a civil penalty assessment, direct the Assessor to
reclassify the subject properties to class three, and waive the civil penalty.
2. Approve the related resolutions associated with changing the legal classification to class
3 (owner occupied) pursuant to A.S.R. §42-12003 and apply State Aid Credit, if applicable.
3. Direct the Treasurer to make conforming corrections to the property owners’ tax bills and
send notifications of the change in tax liability.
A 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-06-23-236-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
76.
DELINQUENT PROPERTY TAX INTEREST WAIVER HOUSE BILL 2025
Approve and sign request for the delinquent property tax interest waiver from the Treasurer's
Office pursuant A.R.S §42-18053 (C) for the attached list. (C-43-23-019-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
77.
DONATIONS PARKS & RECREATION
In accordance with County Policy A2508, accept the monthly donation report received from
Parks and Recreation for August 2022, for a cash value of $1017.76. (C-06-23-190-X-00)
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
78.
DUPLICATE WARRANTS
Pursuant to A.R.S § 11-632, approve and ratify the issuance of duplicate warrants to replace
county warrants and school warrants which were either lost or stolen. Necessary affidavits
have been filed with the Board. (C-06-23-182-X-00)
Name
Warrant No
Amount
Dept/School
Hannah M Bondy
23154040
451.92
Library District
Ingrid Romo
23155511
811.07
Human Services
Brian Scott Gerber
23154552
431.00
Elections
Brittany Mendoza
3700470505
34.11
Paloma Schools Dist. #94
Lacy Kirk
3700556779
152.31
Buckeye Union Dist. #201
Sheree Stark
3700570350
495.39
Litchfield Elementary Dist. #79
Maria Pellum
3010124075
1,583.80
Risk Management
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Christine A Hartman
23151224
342.50
Elections
Tania Diaz Fernandez
23158911
569.06
Human Services
Joseph David
Kornegay
23154910
323.50
Elections
Jerry Lynn Wright Jr.
23129322
597.37
Transportation
Marguarita Hernandez
23158982
1,275.43
Superior Court
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
79.
MARICOPA COUNTY HEAD START PROGRAM JUNE 2022 REPORT
Receive the Head Start report for June 2022 submitted by the Human Services Department
(C-22-23-022-X-00).
Report includes information on:
• Program Enrollment
• Number of Children Served with Disabilities
• Program Eligible Children on Waitlist
• Funding Amount and Expenditures
• Parent Education & Volunteer Hours
Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Steve
Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
80.
MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of
Supervisors meeting held on January 11, 2021; January 24, 2022; February 23, 2022; April
6, 2022; July 27, 2022. (C-06-23-198-X-00)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
81.
TAX ABATEMENTS
Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to ARS
42-18353 for the parcel numbers, tax years and amounts as listed below: (C-43-23-020-X-
00)
112-11-108A 2018 $6450.37
143-44-032 2017-2018 $1876.82
113-33-028A 2018 $7918.74
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
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82.
TREASURER'S COLLECTIONS AND DISBURSEMENT SUMMARY FOR AUGUST 2022
Pursuant to A.R.S. § 11-501, accept the Treasurer's Collections and Disbursement Summary
for August 2022, as on file in clerk of the board's office and retained in accordance with
Arizona State Library Archives and Public Records (ASLAPR) approved retention schedule.
(C-43-23-021-X-00)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
83.
SECURED/UNSECURED TAX ROLL CORRECTIONS
Pursuant to A.R.S. §§42-15155, 16002, 16215, 16258, and 19118, approve requests from
the Assessor for corrections of the Secured Tax Rolls Resolutions, as attached and on file
in the Clerk of the Board's office in accordance with LAPR retention guidelines. This reflects
actual tax dollar corrections to the County tax rolls due to administrative corrections of the
Assessor and as a result of property tax appeals.
(C-06-23-233-X-00)
Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
~ Chairman Gates declared a conflict of interest on item 84, handed the gavel to Vice
Chairman Hickman, and left the dais ~
84.
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:
2020: TX2019-000695 (Revello Housing LLC) Represented by FRAZER, RYAN,
GOLDBERG, & ARNOLD, L.L.P.;
2021: TX2020-000908 (Arizona Mills Mall, LLC) Represented by MOONEY, WRIGHT,
MOORE & WILHOIT, PLLC (Partial settlement, for parcel 123-25-063 only); TX2020-001080
(Revello Housing LLC) Represented by FRAZER, RYAN, GOLDBERG, & ARNOLD, L.L.P.;
TX2021-000324 (Robert M. & Cynthia L. Klein) Represented by FRAZER, RYAN,
GOLDBERG, & ARNOLD, L.L.P.;
2022: TX2021-000451 (Revello Housing LLC) Represented by FRAZER, RYAN,
GOLDBERG, & ARNOLD, L.L.P.; TX2021-000462 (Net 1 Phoenix LLC) Represented by
FOX ROTHSCHILD LLP. (C-19-23-024-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers
Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Recused: Bill Gates
~ Chairman Gates returned to the dais and retrieved the gavel from Vice Chairman
Hickman ~
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09/28/2022
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BOARD OF SUPERVISORS ADDENDUM - ADÉNDUM DE LA JUNTA DE
SUPERVISORES
County Attorney
85.
QUARTERLY RICO EXPENDITURE APPLICATION (FY2023 Q2)
Pursuant to A.R.S.§13-2314.03E, approve the County Attorney FY2023 2nd Quarter RICO
expenditure application in the total amount of $150,000.00 (State).
(This item was heard in the executive session on September 26, 2022.) (C-19-23-025-X-00)
Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve 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.
CALL TO THE PUBLIC - LLAMADO AL PUBLICO
91.
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.) If you would like to send a written comment, please send email to
agenda.comments@maricopa.gov . Written comments will be summarized at the
meeting noting the topic or topics. All written comments will be forwarded to each
Board Office for their review.
Comentarios del público sobre las materias relacionadas con el gobierno del
Condado de Maricopa. Por favor limite sus 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.) Si le gustaría
mandar sus comentarios por escrito favor de enviarlos por correo electrónico a
agenda.comments@maricopa.gov. Comentarios escritos se resumirán en la reunión
tomando nota del tema o temas. Todos los comentarios escritos se remitirán a cada
Oficina de la Junta para su revisión.
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Chairman Gates asked the Clerk if there was anything to report regarding Public
Comment email responses. The Clerk said there were four emails received regarding
Animal Care and Control. These comments were shared with the Board offices.
SUMMARY OF CURRENT EVENTS - EL RESUMEN DE TEMAS DE
ACTUALIDAD
92.
Supervisors'/County Manager's summary of current events - Resumen de temas de
actualidad de los Supervisores/Administrador del Condado
Supervisor Sellers reported he attended the following meetings and events: Rural
Transportation Summit in Maricopa and gave a presentation of the impact of
Proposition 400e on the entire state of Arizona. He attended a meeting of the Maricopa
Association of Governments, Transportation Policy Committee, his first meeting as
Chairman. There was much discussion on Prop 400. The Valley Metro Board meeting
also focused on the environmental impact and the need for Prop 400e, and the
importance of transportation infrastructure. He attended an event, Homes for Veterans,
in Queen Creek where they gave a home to a veteran in need. At an Arizona State
University (ASU) football game, he talked to ASU President Michael M. Crow, on issues
that are mutually beneficial to Maricopa County and ASU. He attended the Autumn
Moon Festival, a cultural event put on by the Asian Community. He attended the
Arizona-Mexico Commission meeting focused on border infrastructure improvements
and what that means to the Arizona economy.
Supervisor Galvin spoke about the Elections Resolution passed at today’s meeting, an
important reminder for all to practice decorum and civility whether it was regarding land
use as discussed in today’s meeting or elections. He thanked the Chairman and
Recorder Richer for the establishment of the Elections Command Center in an effort to
educate and inform the public and reduce misinformation. He also thanked Rachel
Mitchell, County Attorney, for all the efforts she has put out in the short amount of time
she has been the Interim County Attorney. Supervisor Galvin thanked Jeff Swartz with
the Southwest Wildlife Conservation Center for the amazing work he and his staff do at
the Center.
Supervisor Gallardo thanked the Chiefs of Staff from all Districts who helped him out
while his Chief and staff were out.
Supervisor Hickman commented on Rachel Mitchell’s presentation to the Board on
Monday, and the presentation at Independence High School regarding the Fentanyl
problem in our communities. He said he attended with his teenage son and said the
takeaway thought on the subject is how scary the problem is. The presentation was not
well attended but he was glad he took the time to educate himself and his son. He
stated he was appreciative that Ms. Mitchell took the time to come out to help educate
the public in her professional capacity.
Chairman Gates made a brief comment on how grateful he was to be part of this Board.
Formal Meeting Minutes
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MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
___________________________
Bill Gates, Chairman of the Board
ATTEST:
____________________________
Juanita Garza, Clerk of the Board
Formal Meeting Minutes
09/28/2022
Page 74 of 77
BOARD OF DEPOSIT AGENDA - AGENDA DE JUNTA DE DEPÓSITO
The Board of Directors for the Board of Deposit, convened in Formal Session at 9:30 AM on
Wednesday, September 28, 2022, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ
85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice
Chairman, District 4; Jack Sellers, Director, District 1; Thomas Galvin, Director, District 2; Steve
Gallardo, Director, District 5. Also present: Juanita Garza, Clerk; Joy Rich, County Manager;
Andrea Cummings, Legal Counsel; Kelly Gardiner, Minutes Coordinator; Mia Vargas, Minutes
Coordinator.
86.
MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Deposit
meeting held on July 27, 2022.
(C-06-23-205-X-00)
Motion to approve by Director Thomas Galvin, seconded by Director Steve Gallardo
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
___________________________
Bill Gates, Chairman of the Board
ATTEST:
____________________________
Juanita Garza, Clerk of the Board
Formal Meeting Minutes
09/28/2022
Page 75 of 77
FLOOD CONTROL DISTRICT AGENDA - AGENDA DE DISTRITO DE
CONTROL DE INUNDACIONES
The Board of Directors for the Flood Control District, convened in Formal Session at 9:30 AM on
Wednesday, September 28, 2022, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ
85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice
Chairman, District 4; Jack Sellers, Director, District 1; Thomas Galvin, Director, District 2; Steve
Gallardo, Director, District 5. Also present: Juanita Garza, Clerk; Joy Rich, County Manager;
Andrea Cummings, Legal Counsel; Kelly Gardiner, Minutes Coordinator; Mia Vargas, Minutes
Coordinator.
87.
AMENDMENT FOR CONTRACT AWARD FOR 27TH AND OLNEY AVE STORM DRAIN
PROJECT
Authorize the Director of the Flood Control District of Maricopa County (DISTRICT), through
the Maricopa County Office of Procurement Services, to award contract FCD 2022C008 for
the 27th and Olney Avenues Storm Drain Project (Project [#117.01.31]) to the lowest bidder,
whose bid amount is 28.89% above the engineer’s estimate, and who is responsible and
responsive in meeting the contract requirements. The original authorization (C-69-22-085-X-
00) for award of the contract requires that the award be to the lowest responsible bidder if
the bid is not more than ten percent (10%) over the engineer’s estimate. The costs of
construction components have increased recently and are leading to increased construction
total costs.
The construction elements include a storm drain system along 27th and Olney Avenues from
just west of 24th Drive to 27th Avenue, then north along 27th Avenue to outfall in to 27th
Avenue & South Mountain regional detention basin, catch basins, laterals, sidewalks, and
roadway improvements along Onley Avenue.
The project will reduce flood risk of existing homes and flood related and infrastructure costs
for future residents and development in the City of Phoenix as well as in Maricopa County.
The project is 50/50 cost share between Flood Control District of Maricopa County and the
City of Phoenix.
This Agenda Item impacts Supervisor District 5.
(C-69-22-085-X-01)
Motion to approve by Director Steve Gallardo, seconded by Director Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
88.
AMENDMENT TO AGREEMENT WITH KEITH FLAKE
Approve Amendment No 3 Agreement FCD 2015G007 between the Flood Control District of
Maricopa County (DISTRICT) and Keith M. Flake (FLAKE). The Amendment will continue
to compensate FLAKE for adverse impacts to FLAKE Grazing Rights Lease Property during
an extended period while awaiting the re-start of construction of the Vineyard Road FRS
Rehab Project the Vineyard and results in a change in conditions as indicated below.
An amendment to the subject agreement is hereby proposed in order for the District to
continue to meet its obligations pertaining to existing Rancher Grazing Rights at the Vineyard
Road FRS and its Impoundment Area (PROPERTY). Agreement Amendment No. 3 will
continue to allow cattle into the future Vineyard Rehab construction area for a period of three
years or until construction re-starts for the PROJECT, whichever comes first.
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This Agenda Item impacts Supervisorial District 1.
(C-69-20-015-3-02)
Motion to approve by Director Steve Gallardo, seconded by Director Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
89.
MINUTES
Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control
District meeting held on February 23, 2022; April 6, 2022; July 27, 2022;
(C-06-23-200-X-00)
Motion to approve by Director Steve Gallardo, seconded by Director Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
90.
EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS
Approve easements and right-of-way acquisition documents, appraisal and relocation
assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions
per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License
Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements,
excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood
Control purposes
A. Agua Fria River Channel – KLS
FCD PCN #: 055.02.01. – Item #: A12012E – APN: 500-02-075,500-02-064 ptn. – City of
Avondale
A1. Permanent Flood Control Channel, Levee, and Ingress/Egress Easement for Flood
Control Purposes
B. Agua Fria River Channel - KLS
FCD PCN #: 055.02.01 – Item #: A-12012A and A-12014A (SO) – APN: 500-02-009D, 012P,
014D, 014H, 015C, 103 – State of Arizona, acting by and through its Department of
Transportation
B1. Permanent Flood Control Channel, Levee, and Ingress/Egress Easement for Flood
Control Purposes
C. Oak Street Basin and Storm Drain - MM
FCD PCN #: 420.04.31 – Item #: F00397-TCE – APN: 219-24-192C – Nadezda Krstic
C1. Temporary Construction Easement for Storage
(C-78-23-020-X-00)
Motion to approve by Director Steve Gallardo, seconded by Director Clint Hickman
Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo
Formal Meeting Minutes
09/28/2022
Page 77 of 77
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
___________________________
Bill Gates, Chairman of the Board
ATTEST:
____________________________
Juanita Garza, Clerk of the Board