AMENDED AMENDED 

NOTICE OF PUBLIC MEETING AND EXECUTIVE SESSION
PINAL COUNTY BOARD OF SUPERVISORS
AGENDA FOR REGULAR SESSION
Wednesday, January 25, 2023

 
9:30 AM  - CALL TO ORDER

PINAL COUNTY ADMINISTRATIVE COMPLEX
BOARD OF SUPERVISORS HEARING ROOM
135 N. PINAL STREET
FLORENCE, AZ 85132

 
 

PLEDGE OF ALLEGIANCE - INVOCATION

BUSINESS BEFORE THE BOARD

(Consideration/Approval/Disapproval of the following:)

Item Added(1)Executive Session pursuant to A.R.S. 38-431.03(A)(4) for discussion of pending litigation and update on Pinal County Superior Court case No. S1100CV202201280, Shreves and Stanford vs. Board of Supervisors of Pinal County and Kevin Cavanaugh. (Chris Keller/Kent Volkmer)
(2)Discussion and follow-up regarding the 2022 General Election handling, process review, remedies and procedures moving forward and building update. (Kent Volkmer/Geraldine Roll/Himanshu Patel)
(3)

Call to the Public - Consideration and discussion of comments from the public. Those wishing to address the Pinal County Board of Supervisors need not request permission in advance. Action taken as a result of public comment will be limited to directing staff to study the matter or rescheduling the matter for further consideration and decision at a later date.

Click Here for Call to the Public Guidelines

(4)Announcement: Supervisor Serdy's appointment of Jaime Lanza, Apache Junction, Arizona, 85119 to the Citizen Advisory Committee. Supervisor District #5. (Natasha Kennedy)
(5)Discussion/approval/disapproval to proclaim the month of January as Human Trafficking Awareness Month. (Denise Smith)
(6)Presentation of Certificates of Service to employees for 20 and 35 years. (Leo Lew)
(7)County Manager's Report (Information Only). (Leo Lew)
(8)Purchasing Division Report - January 25, 2023 (Tiara Peterson/Angeline Woods)
(9)

Discussion and update regarding the 2023 state and federal legislative session, bills, budget proposals and pending actions. (Stephen Miller)

(10)CONSENT ITEMS:
All items indicated by an asterisk (*) will be handled by a single vote as part of the consent agenda, unless a Board Member, County Manager, or member of the public objects at the time the agenda item is called.
*A.

Discussion/approval/disapproval of Minutes from December 14, 2022, Special Session Meeting and December 21, 2022, Regular Meeting of the Board of Supervisors. (Natasha Kennedy)

*B.

Discussion/approval/disapproval of the current billings before the Board. (Natasha Kennedy)

*C.Discussion/approval/disapproval of the recommendation to the Arizona Department of Liquor License and Control for the Special Event License application of Bessie Warnke for Queen Valley Fire Auxiliary Golf Tournament for an event to be held at the Queen Valley Golf Course, located at 600 N. Fairway Dr., Queen Valley, Arizona 85118 on Saturday, March 11, 2023, from 8:30 a.m. to 5:00 p.m. Additionally, authorizing the Clerk of the Board to execute and submit all necessary documents to the State. Supervisor District #5. (Natasha Kennedy)
*D.Discussion/approval/disapproval of Supervisor Serdy's appointment of Wallace Keller, Apache Junction, AZ, 85119 to the Planning and Zoning Commission to fulfill the vacancy on the Planning and Zoning Commission. Term of Service will be January 26, 2023, through March 12, 2025. Supervisor District #5. (Natasha Kennedy)
*E.Discussion/approval/disapproval of Supervisor Serdy's appointment of Jaime Lanza to the CORPS Local Dispatcher Retirement Board. Jaime Lanza's Term of Service will be January 26, 2023, through January 25, 2027. Supervisor District #5. (Natasha Kennedy)
*F.Discussion/approval/disapproval of the appointment of Cassy England, Casa Grande, AZ, 85122 to the Agriculture Extension Board. Cassy England's Term of Service will be January 26, 2023, through January 25, 2025. This appointment has been recommended for approval by the University of Arizona County Extension Agent. (Natasha Kennedy)
*G.

Discussion/approval/disapproval of Memorandum of Agreement No. ADEQ18-179166, Amendment No. 5, between the Arizona Department of Environmental Quality and Pinal County Air Quality Control District (PCAQCD), through the Pinal County Board of Supervisors. 

Section 9. Budget/Payment is amended to add the following:

  • Funding provided by the Federal Performance Partnership Grant is $225,000 for the period running July 1, 2022, through February 18, 2023.

Section 2. Responsibilities and Background is amended to add the following Section 2.7 subaward Information:

  • 66.605 Performance Partnership Grant, subaward amount $225,000. Period of performance 7/1/2022 - 2/18/2023.
  • 66.034 PM2.5 Monitoring Network 103 Project Grant, subaward amount is $115,680. Period of Performance 4/1/2020 - 2/18/2023.
  • 66.034 ARP PM2.5 monitoring Network 103 Project Grant, subawad amount $29,500. Period of Performance 8/1/2022 - 2/18/2023.

Incorporating Exhibits 8, 9, and 20 into the Agreement. (Scott DiBiase/Himanshu Patel)

*H.

Discussion/approval/disapproval of the General Services New Hope Program between Pinal County Animal Care and Control and Arizona Golden Rescue, Dogtree Pines Senior Dog Sanctuary, Pathway for Paws, Arizona Beagle Rescue, and Arizona Boston Terrier Rescue. These contracts will be good for three (3) years and expire in 2026. These are at no cost to the County. (Audra Michael/MaryEllen Sheppard)

*I.

Discussion/approval/disapproval of a subrecipient agreement between Honoring, Hiring, Helping our Heroes (HOHP) of Pinal County and Pinal County, through the Pinal County Board of Supervisors beginning January 25, 2023, ending December 31, 2025, for $195,000. In response to a Letter of Interest, HOHP seeks to provide supportive services which may include operating expenses, food, and case management services for qualified populations in accordance with the Pinal County HOME-ARP Allocation Plan. Pinal County will use a portion of their FFY21 HOME-ARP allocation for this project as approved by the Board of Supervisors in the HOME-ARP Allocation Plan. (Heather Patel/Angeline Woods)

*J.

Discussion/approval/disapproval to retroactively submit a grant application to the Arizona Department of Housing, Continuum of Care grant program for $127,000. Pinal County Office of Budget and Finance serves as the lead agency under the Balance of State Continuum of Care through the Arizona Department of Housing. Funding will provide support to the Pinal County Coalition to End Homelessness for planning and capacity building activities including meetings, training, website support, memberships, and contract services for a housing locator and housing navigator/case management support to include a diversion and landlord incentive program. (Heather Patel/Angeline Woods)

*K.Discussion/approval/disapproval of a proactive application and acceptance of reallocated funding under the American Rescue Plan Act Emergency Rental Assistance Program between the U.S. Department of Treasury and Pinal County, through the Pinal County Board of Supervisors beginning upon acceptance, ending September 30, 2027, for $28,000,000. This acceptance will amend Award Agreement ERA2-0408. This grant will be used by the Pinal County Housing Authority to contract with the Arizona Department of Economic Security (DES) to provide emergency rental and utility assistance to residents of Pinal County. This acceptance will authorize the Chairman to execute Agreement No. DI21-002310 Amendment 3 with DES, upon receipt. Acceptance requires an amendment to the FY 22/23 budget to transfer reserve appropriation to the Emergency Rental Assistance fund to increase revenue and expenditure appropriations. There is no impact on the general fund. (Heather Patel/Rolanda Cephas)
*L.Discussion/approval/disapproval of Resolution No. 012523-RD22-056 releasing the current financial assurance Performance Bond No. ES00007011, associated with San Tan Heights Parcels D1 & D2 and accepting Maintenance Bond No. 0816900, located in Section 13, Township 3 South, Range 7 East. Supervisor District #2. (RD22-056) (Susan Baker/Brent Billingsley)
*M.Discussion/approval/disapproval of Resolution No. 012523-RD22-055 releasing the current Maintenance Bond No. US00114566SU21A, associated with Laurel Ranch, located in Section 32, Township 3 South, Range 8 East. Supervisor District #4. (RD22-055) (Susan Baker/Brent Billingsley)
*N.Discussion/approval/disapproval of Resolution No. 012523-AD22-014 approving Andrew Smith the applicant agent for Arizona Department of Emergency Affairs (DEMA) public assistance until further notice. (AD22-014) (Courtney Prock/Andrew Smith)
*O.

Discussion/approval/disapproval of Amendment #1 of subrecipient agreement #21-AZDOHS-HSGP-210306-02 between the Arizona Department of Homeland Security and Pinal County, through the Pinal County Board of Supervisors, extending the agreement date to end on March 31, 2023. This grant will be used by the Office of Emergency Management to purchase a barrier system for the Pinal County Sheriff's Office. (GA22-038) (Courtney Prock/Andrew Smith)

*P.Discussion/approval/disapproval of a Warranty Deed from Midwest Land Trust LLC to Pinal County for right-of-way on Kenworthy Rd for the Kenworthy Road widening project located in Section 21, T02S, R08E, in the unincorporated area of Pinal County. Supervisor District #2. (RD22-060) (Celeste Garza/Andrew Smith)
*Q.Discussion/approval/disapproval of Resolution No. 012523-RD22-061 approving a license agreement with the Arizona Department of Emergency and Military Affairs and rescinding the license agreement with the Arizona Department of Emergency and Military Affairs approved by the Board on December 21, 2022. Supervisor District #2. (RD22-061) (Celeste Garza/Andrew Smith)
*R.Discussion/approval/disapproval of a Warranty Deed from Thornton Corridor LLC to Pinal County for right-of-way on Thornton Road for the Thornton Road widening project located in Section 7, T7S, R6E, in the unincorporated area of Pinal County. Supervisor District #3. (RD22-057) (Celeste Garza/Andrew Smith)
*S.Discussion/approval/disapproval of a Temporary Construction Easement and Agreement from Thornton Corridor LLC to utilize the subject property for the construction of certain features of the Thornton Road widening project located in Section 7, T7S, R6E, in the unincorporated area of Pinal County. Supervisor District #3. (RD22-058) (Celeste Garza/Andrew Smith)
*T.Discussion/approval/disapproval of an Agreement to Donate Real Property and Waiver of Appraisal and Compensation  from Thornton Corridor LLC to Pinal County for donated right-of-way for the Thornton Road widening project located in Section 7, T7S, R6E, in the unincorporated area of Pinal County. Supervisor District #3. (RD22-059) (Celeste Garza/Andrew Smith)
*U.Discussion/approval/disapproval of Award Agreement No. AG23-0016-007 under the FY2023 Family Advocacy Center Fund between the Arizona Attorney General’s Office and Pinal County through the Pinal County Board of Supervisors beginning January 1, 2023, ending December 31, 2023, for $16,878.30. This grant will be used by the Pinal County Attorney's Office Eloy Family Advocacy Center to update equipment and supplies and provide staff training to assist victims of crime. The funding was adopted in the FY22/23 budget. (Kent Volkmer)
*V.Discussion/approval/disapproval of Award Agreement No. AG23-0016-011 under the FY2023 Family Advocacy Center Fund between the Arizona Attorney General’s Office and Pinal County through the Pinal County Board of Supervisors beginning January 1, 2023, ending December 31, 2023, for $15,203.11. This grant will be used by the Pinal County Attorney's Office Maricopa Family Advocacy Center to update equipment and supplies and provide staff training to assist victims of crime. The funding was adopted in the FY22/23 budget. (Kent Volkmer)  
*W.Discussion/approval/disapproval of Award Agreement No. AG23-0016-017 under the FY2023 Family Advocacy Center Fund between the Arizona Attorney General’s Office and Pinal County through the Pinal County Board of Supervisors beginning January 1, 2023, ending December 31, 2023, for $19,365.73. This grant will be used by the Pinal County Attorney's Office San Tan Family Advocacy Center to update equipment and supplies and provide staff training to assist victims of crime. The funding was adopted in the FY22/23 budget. (Kent Volkmer)
*X.

Discussion/approval/disapproval to accept the National Children’s Alliance Technology-Facilitated Child Sexual Exploitation/Child Pornography grant award No. SANT-AZ-DTVF23, between the National Children's Alliance (NCA), and the Pinal County Attorney’s Office through the Pinal County Board of Supervisors in the amount of $21,201. The award will be used to provide training in child pornography and trafficking to the County Attorney's San Tan Valley Family Advocacy Center. The funding was adopted in the FY22/23 budget.  (Kent Volkmer)

*Y.

Discussion/approval/disapproval of Award Agreement No. NCHIP22-24-006 under the National Criminal History Improvement Program between the Arizona Criminal Justice Commission and Pinal County, through the Pinal County Board of Supervisors beginning January 1, 2023, ending December 31, 2024, for $247,218 with a match amount of $27,468. This grant will be used by the Pinal County Attorney’s Office for temporary legal support employees to update case outcomes in conjunction with the Arizona Disposition Reporting System. The funding was adopted in the FY22/23 budget. (Kent Volkmer)

*Z.

Discussion/approval/disapproval of Award Agreement No. ST-WSG-20-010121-16Y3 under the STOP Violence Against Women program between the Arizona Governor’s Office of Youth Faith and Family and Pinal County,  through the Pinal County Board of Supervisors beginning January 1, 2023, ending December 31, 2023, for $124,994 with a match of $41,665. This grant will be used by the Pinal County Attorney's Office for staff salaries and ERE's for two victim advocates to provide services to victims of crime. The funding was adopted in the FY22/23 budget. (Kent Volkmer) 

*AA.Discussion/approval/disapproval for a modification to an award under the Court Appointed Special Advocate (CASA) program between the Administrative Office of the Courts and the Juvenile Court Services Department, through the Pinal County Board of Supervisors for an additional $86,158. The modification is to hire an additional CASA Coordinator. The request aligns the current budget to the award amount and requires a fiscal amendment to the FY22/23 budget to transfer reserve appropriation from Fund 213 (Grants/Project Contingency) to fund 57 (Juvenile Prob/CASA) to increase revenues and expenditures. There is no impact on the General Fund. (Denise Smith)
Regular Item
(11)Meeting of the Pinal County Flood Control District Board of Directors. (Christopher Wanamaker/Andrew Smith)
(12)Meeting of the Pinal County Public Health Services District Board of Directors. (Tascha Spears/Leo Lew)
(13)Hearing, Review, and Action on Appeal of Hearing Officer's decision on ZO-08-18-015, Alimohamed Anjum, Islamic Cultural Center, Tax Parcel Nos. 51007019 and 510070200, Complaint No. CC-0037-18, Count #1: Violated Section 2.200.010 - Uses Permitted. Supervisor District #4. (Continued from the May 18, 2022, Board Meeting) (Due to Redistricting now located within Supervisor District #1) (Continued from the September 7, 2022, Board Meeting) (Alimohamed Anjum/Scott Johnson) (Allen Quist)
(14)Public Hearing and discussion/approval/disapproval of Resolution No.012523-AQ, a Resolution pursuant to Title 49 of the Arizona Revised Statutes, adopting proposed changes to local air quality rules. The changes include required revisions to local fugitive dust rules for the West Pinal Serious PM10 Nonattainment Area. (Scott DiBiase/Himanshu Patel)
(15)

Public Hearing and discussion/approval/disapproval of Resolution No. 2023-PZ-PA-014-22, a Resolution approving PZ-PA-014-22; Viel Gluck, LLC, Far Marel LLC, Piemonteis Direct, LLC and Ben Fatto, LLC, landowners, Pew & Lake, PLC, Ralph Pew agent, requesting, a Non-Major Comprehensive Plan amendment to re-designate 80± acres from Moderate Low Density Residential land use designation to General Public Facilities/Services situated in Section 29, Township 06, South, Range 08 East, G&SRB&M, west portion of tax parcel 401-43-0090 (legal on file), located east of Sunshine Blvd and north of Earley road, in Pinal County. The Planning Commission recommended approval unanimously (8-0) of case PZ-PA-014-22 with no stipulations. Supervisor District #3. (Sangeeta Deokar/Brent Billingsley)

(16)Public Hearing and discussion/approval/disapproval of Ordinance No. 2023-PZ-PD-046-22, a Ordinance approving case PZ-PD-046-22; Viel Gluck, LLC, Far Marel LLC, Piemonteis Direct, LLC and Ben Fatto, LLC, landowners, Pew & Lake, PLC, Ralph Pew agent, requesting approval of a Planned Area Development (PAD) Overlay District on 80± acres in General Rural zoning district, to modify the development standards, situated in the Section 29, T06S, R08E G&SRB&M, west portion of tax parcel 401-43-0090 (legal on file), located east of Sunshine Blvd and north of Earley road, in Pinal County. The Planning Commission recommended approval unanimously (8-0) of case PZ-PD-046-22 with twenty (20) stipulations. Supervisor District #3. (Sangeeta Deokar/Brent Billingsley)
(17)Public Hearing and discussion/approval/disapproval of Resolution No 2023-PZ-PA-005-22, a Resolution approving case PZ-PA-005-22; Nevitt Farms LLLP, Gregory Wuertz landowners/applicants, Valley Farms LLLP, JD Rulien, agent, requesting a Non-Major Comprehensive Plan Amendment to amend the Land Use Plan and re-designate 360± acres of land from Moderate Low Density Residential (1-3.5 du/ac) and High Intensity Activity Center to Green Energy Production, situated in a portion of Sections 31,32, T5S, R9E G&SRB&M, Pinal County, tax parcels 202-35-0040, 202-36-003B, 202-36-003C, 202-36-003D (legal on file), located 4.5 miles southeast of central Coolidge, in the unincorporated area of Pinal County. The Planning Commission recommended denial unanimously (0-8) of case PZ-PA-005-22 with no stipulations. Supervisor District #4. (Sangeeta Deokar/Brent Billingsley)
(18)Public Hearing and discussion/approval/disapproval of Resolution No. 2023-SUP-007-22,  an Resolution approving case SUP-007-22: Elephant Corporation, owner, Copper Cactus Resorts LLC, applicant/lessee, and lplan Consulting/Greg Davis, agent, requesting approval of a Special Use Permit to operate a bed and breakfast plus twenty (20) camp sites, on a 20± acre site comprised of two parcels in the GR (General Rural) Zone, situated in a portion of Section 24, Township 1 South, Range 10 East of the G.R.B.& M., Pinal County, Arizona, Tax Parcels 10454008D & 10454008E (legal on file), located about 6 miles northeast of the intersection of Highway 60 with Highway 79 and about 2.5 miles north of the unincorporated area of Queen Valley. The Planning Commission recommended approval unanimously (10-0) of case SUP-007-22 with thirteen (13) stipulations. Supervisor District #5. (Evan Evangelopoulos/Brent Billingsley)
(19)Public Hearing and discussion/approval/disapproval of the Wastewater Franchise Agreement between Pinal County and Global Water Palo Verde Utilities Company, Inc. for the use of County Right of Ways. Supervisor Districts #1, 3, and 4. (GA22-040) (Megan Villegas/Andrew Smith)
(20)Public Hearing and discussion/approval/disapproval of the Water Franchise Agreement between Pinal County and Global Water Santa Cruz Water Company, Inc. for the use of County Right of Ways. Supervisor Districts 1, 3, and 4. (GA22-041) (Megan Villegas/Andrew Smith)
(21)Discussion/approval/disapproval of a Renewal of Lease Agreement between Pinal County (Landlord) and Thunderbird Arena Community Council (TACC) (Tenant) at 12365 N. Ralston Road, Maricopa, AZ 85139. Landlord and Tenant desire to renew the Lease to provide for the second five (5) year term with two (2) renewal options remaining.  Commencing on February 1, 2023, and ending January 31, 2028. Supervisor District #1. (GA22-039) (Joe Ortiz/Andrew Smith)
(22)Presentation to update the Board of Supervisors on the current progress of the Unified Command and Partnership between Public Works and Public Health pertaining to the new Emergency Manager and the Office of Emergency Management staff and structure. (AD22-012) (Kore Redden/Tascha Spears/Andrew Smith)
(23)

Discussion/approval/disapproval of the request to create new job classifications to meet the current staffing needs of departments in order to provide necessary services. Funding for these positions is authorized in the Pinal County FY 2022-2023 Budget.

  • Emergency Management Planner
  • Emergency Management Specialist
  • Finance Accountant (County)
  • Finance Accountant Senior (County)
  • Finance Accountant Supervisor (County)

(MaryEllen Sheppard)

(24)Discussion of Board member's request for future agenda item(s) and/or reports to be presented at upcoming meetings. (Jeff Serdy)
(25)Executive Session pursuant to A.R.S. 38-431.03A(3)(4) to obtain legal advice and consider potential litigation regarding disputed sale of tax deeded parcel. (Kevin Costello/Kent Volkmer)
(26)Executive Session pursuant to A.R.S. 38-431.03(A)(3)(4) for legal advice and discussions in order to avoid or resolve litigation concerning Offer of Limited Term Employment and Agreement entered into with Virginia Ross. (Chris Keller/Kent Volkmer)

ADJOURNMENT

(SUPPORTING DOCUMENTS ARE AVAILABLE AT THE CLERK OF THE BOARD OF SUPERVISORS' OFFICE AND AT https://pinal.novusagenda.com/AgendaPublic/)

NOTE: One or more members of the Board may participate in this meeting by telephonic conference call.  

The Board may go into Executive Session for the purpose of obtaining legal advice from the County's Attorney(s) on any of the above agenda items pursuant to A.R.S. 38-431.03(A)(3).  

In accordance with the requirement of Title II of the Americans with Disabilities Act (ADA), the Pinal County Board of Supervisors and Pinal County Board of Directors do not discriminate against qualified individuals with disabilities admission to public meetings. If you need accommodation for a meeting, please contact the Clerk of the Board Office at (520) 866-6068, at least (3) three business days prior to the meeting (not including weekends or holidays) so that your request may be accommodated.

Any invocation that may be offered before the official start of the meeting (i.e. Item 1) that is offered by a Chaplain serving the county or other member of a religious organization with a physical presence in the County, is expressing private thoughts as governed by his or her own conscience, to and for the benefit of the Board. The view or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to participate actively in the business of the Board.
Meeting Notice of Posting