NOTICE OF PUBLIC MEETING AND EXECUTIVE SESSION
PINAL COUNTY BOARD OF SUPERVISORS
AGENDA FOR REGULAR SESSION
Wednesday, November 15, 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:)

(1)

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

(2)Presentation of Certificates of Service to employees for 20 and 25 years. (Leo Lew)
(3)County Manager's Report (Information Only). (Leo Lew)
(4)Supervisor District update(s) regarding notable current or upcoming events concerning the district (Information Only). (Jeff Serdy)
(5)Discussion of updates related to the Elections Department and County Recorder for operations and preparation of upcoming elections. (Kent Volkmer/Dana Lewis) 
(6)Presentation on Pinal County Attorney's Office Diversion Program as requested at the Pinal County Board of Supervisors Regular Session held on September 27, 2023. (Continued from the November 1, 2023, Board Meeting) (Kent Volkmer)
(7)Purchasing Division Report - November 15, 2023 (Tiara Peterson/Angeline Woods)
(8)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 October 4, 2023, Regular Meeting and October 10, 2023, Special Session 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 Supervisor Goodman's reappointment of Tom Hollenbach to the Law Enforcement Merit Council. Mr. Hollenbach's Term of Service will be October 30, 2023, through October 29, 2028. Supervisor District #2. (Natasha Kennedy) 
*D.Board of Supervisors, sitting as the Board of Equalization (BOE), for ratification of Hearing Officer Decisions from the (BOE) Hearings on Petitions for Review of Notice of Change held on November 2, 2023, and November 8, 2023. (Natasha Kennedy)
*E.Discussion/approval/disapproval of Intergovernmental Agreement 23-10 under the Proposition 202 Tribal Gaming grant between the Ak-Chin Indian Community, Maricopa Pantry, and Pinal County, through the Pinal County Board of Supervisors beginning January 1, 2024, ending December 31, 2024, for $89,000. This grant will be used by Maricopa Pantry for phase one of a warehouse and community center. Supervisor District #1. (Heather Patel/Angeline Woods)
*F.Discussion/approval/disapproval of Intergovernmental Agreement 23-19 under the Proposition 202 Tribal Gaming grant between the Ak-Chin Indian Community, Manes and Miracles, and Pinal County, through the Pinal County Board of Supervisors beginning January 1, 2024, ending December 31, 2024, for $14,000. This grant will be used by Manes and Miracles for a scholarship fund. Supervisor District #2. (Heather Patel/Angeline Woods)
*G.Discussion/approval/disapproval of Intergovernmental Agreement 23-20 under the Proposition 202 Tribal Gaming grant between the Ak-Chin Indian Community, Oracle Piano Society, and Pinal County, through the Pinal County Board of Supervisors beginning January 1, 2024, ending December 31, 2024, for $50,000. This grant will be used by the Oracle Piano Society for an online conservatory. Supervisor District #4. (Heather Patel/Angeline Woods)
*H.Discussion/approval/disapproval of Intergovernmental Agreement 23-22 under the Proposition 202 Tribal Gaming grant between the Ak-Chin Indian Community, San Tan Valley Veterans Center, and Pinal County, through the Pinal County Board of Supervisors beginning January 1, 2024, ending December 31, 2024, for $40,000. This grant will be used by the San Tan Valley Veterans Center for a VSO stand alone office. Supervisor District #4. (Heather Patel/Angeline Woods)
*I.Discussion/approval/disapproval of Intergovernmental Agreement 23-15 under the Proposition 202 Tribal Gaming grant between the Ak-Chin Indian Community, A New Leaf, and Pinal County, through the Pinal County Board of Supervisors beginning January 1, 2024, ending December 31, 2024, for $10,000. This grant will be used by A New Leaf for rapid rehousing. (Heather Patel/Angeline Woods)
*J.Discussion/approval/disapproval of Intergovernmental Agreement 23-16 under the Proposition 202 Tribal Gaming grant between the Ak-Chin Indian Community, Against Abuse, and Pinal County, through the Pinal County Board of Supervisors beginning January 1, 2024, ending December 31, 2024, for $89,000. This grant will be used by Against Abuse for motel based crisis shelter services. (Heather Patel/Angeline Woods)
*K.

Discussion/approval/disapproval of Intergovernmental Agreement 23-17 under the Proposition 202 Tribal Gaming grant between the Ak-Chin Indian Community, Foundation for Blind Children, and Pinal County, through the Pinal County Board of Supervisors beginning January 1, 2024, ending December 31, 2024, for $25,000. This grant will be used by the Foundation for Blind Children for Braille textbooks for blind or visually impaired students. (Heather Patel/Angeline Woods)

*L.Discussion/approval/disapproval for retroactive submission of Award Agreement 529-24 under the Continuum of Care (COC) Planning Grant between the Arizona Department of Housing and Pinal County, through the Pinal County Board of Supervisors, beginning July 1, 2023, ending June 30, 2024, for $7,000. This grant will be used by the Office of Budget and Finance to manage the Pinal County Coalition to End Homelessness. The funding was adopted in the FY23/24 budget. There is no match requirement. There is no impact on the General Fund. (Heather Patel/Angeline Woods) 
*M.Discussion/approval/disapproval for Public Works to transfer special revenue funds out of fund 124 to the Information Technology general fund to help cover the cost of the Accela Software Licensing in the amount of $125,000. Accela, Inc. has been selected as the software solution for delivering services to the public. Several departments will use the solution to streamline land management processes and provide Pinal County citizens and the local development community with a user-friendly, easily accessible system for conducting business via the Internet. Several County departments will be able to access and share information from a centralized database so they can work together to better track and coordinate processes, ensuring faster and more accurate response to the public. Approval requires a FY 23/24 budget amendment to transfer budget capacity from Fund 124 (Public Works/Dev Roadwy Contrib) and transfer to Fund 10 (General Fund/Information Technology) to increase expenditure appropriations. Supervisor District #2. (AD23-007) (Robert Stanley/Joe Ortiz)

*N.Discussion/approval/disapproval of a Facility Relocation Agreement between the County of Pinal and the Salt River Project Agricultural Improvement and Power District, for the Combs Road-Schnepf Road Widening Project, located in Section 28 and 33, T2S, R8E, in the unincorporated area of Pinal County. Supervisor District #2. (GA23-016) (Celeste Garza/Joe Ortiz)
*O.Discussion/approval/disapproval of a Facility Relocation Agreement between the County of Pinal and the Salt River Project Agricultural Improvement and Power District for the Combs Road-Schnepf Road Widening Project, located in Section 33, T2S, R8E, in the unincorporated area of Pinal County. Supervisor District #2. (GA23-017) (Celeste Garza/Joe Ortiz)
*P.Discussion/approval/disapproval of Resolution No. 111523-RD23-079 accepting Warranty Deeds, Public Utilities Easement, and Drainage Easement from Skyhi Holdings, LLC, an Arizona limited liability company (Grantor) to Pinal County, a political subdivision of the State of Arizona (Grantee). Supervisor District #2. (RD23-079) (Celeste Garza/Joe Ortiz)
*Q.Discussion/approval/disapproval of acceptance of Public Utilities Easement from L&D-Gantzel & Bella Vista, L.L.C., an Arizona limited liability company (Grantor), to Pinal County, a political subdivision of the State of Arizona (Grantee), for a portion on Gantzel Road. Supervisor District #2. (RD23-080) (Joe Ortiz)
*R.Discussion/approval/disapproval of acceptance of Temporary Drainage Easement from Skyhi Holdings, LLC, Arizona limited liability company (Grantor) to Pinal County, a political subdivision of the State of Arizona (Grantee), associated with Pinal County Planning Offsite plans #FP22-075, Borgata at San Tan. Supervisor District #2. (RD23-081) (Celeste Garza/Joe Ortiz)
*S.

Discussion/approval/disapproval of a Power Distribution Easement from Pinal County to Salt River Project Agricultural Improvement and Power District located in Section 33 and 34, T2S, R8E, in the unincorporated area of Pinal County. Supervisor District #2. (RD23-082) (Celeste Garza/Joe Ortiz)

*T.Discussion/approval/disapproval of Resolution No. 111523-RD23-084 accepting a Warranty Deed from KL LHB AZ AIV LLC, for roadway and public utility purposes, located in Section 28, T2S, R8E, in the unincorporated area of Pinal County. Supervisor District #2. (RD23-084) (Celeste Garza/Joe Ortiz)
*U.

Discussion/approval/disapproval of Consent Agreement for Transfer of County Right-of-Way to the City of Coolidge for a portion of Selma Hwy and Storey Road. Supervisor District #3. (RD23-083) (Celeste Garza/Joe Ortiz)

*V.Discussion/approval/disapproval of Resolution No. 111523-RD23-078 accepting Warranty Deed from Barclay Holdings XLIII, LLC, an Arizona limited liability company (Grantor), to Pinal County, a political subdivision of the State of Arizona (Grantee), for fee right of way for a portion on Hunt Hwy. Supervisor District #4. (RD23-078) (Celeste Garza/Joe Ortiz)
*W.Discussion/approval/disapproval of acceptance of Grant of Easement from Diamante Homes Inc., an Arizona corporation (Grantor) to Pinal County, a political subdivision of the State of Arizona (Grantee) for a perpetual easement for roadway and public utility purposes on a portion of Cloudview Avenue, located in Section 32, T1N, R9E, within the unincorporated area of Pinal County. Supervisor District #5. (RD23-076) (Celeste Garza/Joe Ortiz)
*X.Discussion/approval/disapproval of acceptance of Grant of Easement from Adam Luff and Patricia Luff, husband and wife (Grantors) to Pinal County, a political subdivision of the State of Arizona (Grantee) for a perpetual easement for roadway and public utility purposes on a portion of Cloudview Avenue, located in Section 32, T1N, R9E, within the unincorporated area of Pinal County. Supervisor District #5. (RD23-077) (Joe Ortiz)
*Y.Discussion/approval/disapproval of Resolution No. 111523-RD23-085 releasing current Maintenance Bond No. EACX4017553, associated with Peralta Canyon Parcel 10, located in Section 16, Township 1 South, Range 9 East. Supervisor District #5. (RD23-085) (Susan Baker/Joe Ortiz) 
*Z.Discussion/approval/disapproval of an application for payment of $5,000 to Silent Witness of Casa Grande, Inc., to be used as reward funds for tips leading to the solving of and arrests of offenders in serious crimes. This request is made in accordance with and under the authority of A.R.S. 13-2314.03 whereby before the County Attorney's Office may use any monies from the fund that the County Attorney submit an application that includes a description of what the requested monies will be used for to the Board of Supervisors for approval. (Kent Volkmer)
*AA.

Discussion/approval/disapproval of the following appointments and resignations for the precinct committeemen for the Democratic Party and Republican Party:

Democratic Appointments:

Supervisor District #5:

Precinct #50 Gary Montiel, 515 W. Hill St., Superior 85173.

Democratic Resignations:

Supervisor District #1:

Precinct #18 Ryan Bentz, 229 S. 16th Pl., Coolidge 85128.

Supervisor District #3:

Precinct #99 Taylor Kerby, 2123 N. Bonita Ln., Casa Grande 85122.

Republican Appointments:

Supervisor District  #1:

Precinct #69 Janelle Mason, 4947 N. Branding Iron Rd., Maricopa 85139.

Precinct #79 Betty Artman, 44115 W. Oster Dr., Maricopa 85138.

Precinct #79 Scott Clegg, 43360 W. Wallner Dr., Maricopa 85138.

Supervisor District #2:

Precinct #97 Christina Skillin, 4224 E. Coal St., San Tan Valley, 85143.

Supervisor District #3:

Precinct #81 Kathleen Lumbrazo, 1654 E. Marigold St., Casa Grande 85122.

Precinct #81 Michael Lumbrazo, 1654 E. Marigold St., Casa Grande 85122.

Republican Resignations:

Supervisor District #3:

Precinct #81 Richard Loewenhagen, 1678 E. Kielly Ln., Casa Grande, 85122.

Precinct #81 Elsa Loewenhagen, 1678 E. Kielly Ln., Casa Grande, 85122.

Supervisor District #4:

Precinct #18 Bruce Kolinski, 2177 W. Wilson Ave., Coolidge 85128.

Precinct #18 Nancy Kolinski, 2177 W. Wilson Ave., Coolidge 85128.

Supervisor District #5:

Precinct #66 Debra Whetzel, 8401 E. Aloe Vera Circle, Gold Canyon 85118. (Dana Lewis)

*AB.Discussion/approval/disapproval of the appointment of Kyle J. Ewing as a Commissioner/Judges Pro Tempore of the Superior Court. Said appointments are made by the Presiding Judge of the Superior Court and Chief Justice of the Arizona Supreme Court. This appointment is due to the vacancy created by the gubernatorial appointment of Karen F. Palmer to the Superior Court bench. (Todd D. Zweig)
*AC.Discussion/approval/disapproval of the request by the Western Pinal Justice Court for the appointment of DeLana Fuller as a Justice of the Peace Pro Tempore. Said appointment is made by the Presiding Judge of the Superior Court. No additional budget funds are required as funds previously budgeted for FY 2024 are sufficient. (Katrina Solis)
*AD.Discussion/approval/disapproval of execution of an Intergovernmental Agreement with Pinal  Regional Transportation Authority (PRTA) related to the county providing executive director services commencing November 27, 2023, and creation of the Regional Transportation Director classification to serve as Executive Director of the PRTA. (MaryEllen Sheppard/Leo Lew)
Regular Item
(9)Meeting of the Pinal County Public Health Services District Board of Directors. (Merissa Mendoza/MaryEllen Sheppard)
(10)Public Hearing and discussion/approval/disapproval of Resolution No. 2023-PZ-PA-006-23, a Resolution approving case PZ-PA-006-23, A Major Comprehensive Plan Amendment proposal requested by Pinal County to update the renewable energy source categories under Chapter 7: Environmental Stewardship, Section–Energy, Sub-Sections- Renewable Energy Sources; Energy Generation and Transmission; Goals, Objectives and Policies; and Appendix D of the 2019 Pinal County Comprehensive plan document. The Planning Commission recommended approval (9-0) of case PZ-PA-006-23. (Sangeeta Deokar/Brent Billingsley)
(11)

Public Hearing and discussion/approval/disapproval of Resolution No. 2023-PZ-PA-009-23, a Resolution approving case PZ-PA-009-23, a Major Comprehensive Plan Amendment proposal request by HA Cielo LLC, landowner/applicant, Pattern Solar & Storage Development LLC/Amy Smolen, agent, requesting approval of a Major Comprehensive Plan Amendment to the 2019 Pinal County Comprehensive Plan to re-designate 1086 ± acres from MLDR (Moderate Low Density Residential) and Employment to Green Energy Production for a photovoltaic Solar Power Plant, situated in Sections 28, 29, 32, & 33, T06S, R08E, Gila & Salt River Baseline & Meridian, tax parcels 401-42-009A, 401-42-009B, 401-43-009B, 401-46-0010, 401-46-0030, 401-47-0010, 401-47-0020, 401-47-0030, 401-47-0040, 401-47-0050, and 401-47-0060 (legal on file), located south of east Laughlin Rd, north of Selma Highway, west of S Highway 87, and on both sides of south La Palma Rd in the unincorporated Pinal County area near Coolidge, AZ. The Planning Commission recommended denial (0-9) of case PZ-PA-009-23. Supervisor District #3. (Patrick Roberts/Brent Billingsley)

(12)Public Hearing and discussion/approval/disapproval of Resolution No. 2023-PZ-PA-010-23, a Resolution approving case PZ-PA-010-23, a Major Comprehensive Plan Amendment proposal request by Traviano Partners LLC, Altura Properties LLC, Michael Hu & Lei Zhao, Quantum Resource Group LTD PSHIP landowners, Casa Grande Carmel Solar Park LLC, applicant, Cecilia Chiu, agent, requesting a Major Comprehensive Plan Amendment to amend the Land Use Plan and re-designate 805.37± acres of land from Moderate Low Density Residential (1-3.5 du/ac) to Green Energy Production, to develop a solar energy production facility, situated on a portion of Sections 3 and 4, T07S, R05E, Gila & Salt River Baseline & Meridian(legal on file) tax parcels 511-01-003E, 511-01-003F, 511-01-003D, 511-01-003B and a portion of 511-01-0020, located in the vicinity of Bianco and Cornman Roads in the SW Casa Grande area. The Planning Commission recommended approval (9-0) of case PZ-PA-010-23. Supervisor District #3. (Glenn Bak/Brent Billingsley)
(13)

Public Hearing and discussion/approval/disapproval of the Right of Way License Agreement between Pinal County and Wecom, LLC., for the use of Pinal County Right of Ways. Supervisor Districts #4 and #5. (GA23-015) (Megan Villegas/Joe Ortiz)

(14)

Discussion/approval/disapproval of Resolution No. 111523-AD23-008 authorizing Pinal County to enter into the updated State of Arizona Mutual Aid Compact. This compact is made and entered into by and among the signatory political jurisdictions within the State of Arizona and the Arizona Department of Emergency and Military Affairs. This compact will replace the compact adopted and executed per Resolution No. 101514-GA14-002 and remain in effect until terminated by the Pinal County Board of Supervisors. (AD23-008) (Courtney Prock/Kore Redden/Joe Ortiz)

(15)Discussion/approval/disapproval of an increase of ongoing expenditure capacity in the Recorder's Office general fund cost center for three (3) Deputy Recorder Clerk positions. The ongoing annual cost is estimated at $142,094. The approval of this item authorizes a prorated budget amendment transferring capacity from the general fund financial stability reserve up to $94,730 during FY 23/24, the positions will only be funded for the amount needed to cover the expenses that occur during the fiscal year. (Donna Diaz/Dana Lewis)
(16)

Presentation and discussion of the fiscal 2023 - 2024 first quarter financial information as recommended in the June 30, 2022, Single Audit Reporting Package finding 2022-004 - Improve the timing and Effectiveness of Financial Reporting. (Angeline Woods/Mary Ellen Sheppard)

(17)Discussion of Board members' request for future agenda item(s) and/or reports to be presented at upcoming meetings. (Jeff Serdy)

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.

Pursuant to A.R.S. 38-431.02, NOTICE IS HEREBY GIVEN, that the public will have physical access to the meeting room at 9:15 AM.
Notice of Possible Recess: The Board may take a Recess around 12:30 p.m. and the meeting will reconvene around 1:00 p.m.
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 any member of a religious organization with a physical presence in the county so as to qualify for an exemption for religious property under A.R.S. 42-11109, 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
General Board Meeting Rules of Order