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PINAL COUNTY BOARD OF SUPERVISORS
MINUTES
Wednesday, May 15, 2024
9:37 AM

BOARD OF SUPERVISORS


Chairman Mike Goodman
Supervisor, District 2


Vice-Chairman Jeffrey McClure 

 Supervisor, District 4


Kevin Cavanaugh
Supervisor, District 1


Stephen Q. Miller
Supervisor, District 3


Jeff Serdy
Supervisor, District 5


PINAL COUNTY ADMINISTRATIVE COMPLEX

BOARD OF SUPERVISORS HEARING ROOM

135 N. PINAL STREET
FLORENCE, AZ 85132

 
Members/Staff Present

All Presentations are attached to the Agenda at:

Click Here to View the Regular Session Agenda

 

and a Video Recording of this meeting can be viewed at:

Click Here to View Video Recording

 

Chairman Goodman offered for the Invocation by PCSO Chaplain Joe Samoge and the pledge of allegiance by Supervisor Cavanaugh.

 

The Pinal County Board of Supervisors convened at 9:37 a.m. this date. The meeting was called to order by Chairman Goodman with the announcement the Board may take a recess at 12:30 p.m.  

 

Members Present: Chairman Mike Goodman; Vice-Chairman Jeffrey McClure; Supervisor Kevin Cavanaugh; Supervisor Stephen Q. Miller; Supervisor Jeff Serdy  

 

Staff Present: County Manager, Leo Lew; Chief Civil Deputy County Attorney, Chris Keller; Clerk of the Board, Natasha Kennedy and Deputy Clerk of the Board, Kelsey Pickard

(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

Item Action: Public Comments
(2)Presentation of Certificates of Service to employees for 20 and 25 years. (Leo Lew)
Item Action: Information Only
(3)County Manager's Report (Information Only). (Leo Lew)
Item Action: Information Only
(4)Supervisor District update(s) regarding notable current or upcoming events concerning the district (Information Only). (Mike Goodman)
Item Action: Information Only
(5)Discussion/approval/disapproval of a Proclamation for the Board of Supervisors to declare the week of May 19th through May 25th, 2024, as "National Travel and Tourism Week" in Pinal County. National Travel and Tourism Week was established by a congressional resolution in 1983 in order to celebrate the travel community and highlight how travel stimulates economic growth, creates quality jobs, inspires new businesses and elevates the quality of life for citizens every day. Proclamation to be read into the record by Courtney Gulley. (James Smith)
Item Action: Approved
(6)Presentation and discussion regarding fee proposal for recreational shooting sites by The Bureau of Land Management Phoenix District by Leon Thomas, Government Affairs District Manager. (Natasha Kennedy)
Item Action: Information Only
(7)2024 Presidential Preference Election, Primary, and General Elections Report on Election Preparations and the Election Infrastructure Update. (Information Only) (Dana Lewis)
Item Action: Information Only
(8)Discussion and update(s) regarding the 2024 state and federal legislative session, including bills, budget proposals, committee hearings, and pending or proposed upcoming legislation requests from Board of Supervisor members, state or federal legislators, or their staff in attendance. (Stephen Miller)
Item Action: Information Only
(9)

Purchasing Division Report - May 15, 2024. (Angeline Woods)

Item Action: Approved
(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 for acceptance of funds raised from District 2 Quick Quack Car Wash fundraiser and donated bikes for bike drive. Car wash funds raised totaled $462.95 and the estimated value of donated bikes is $1,370. Supervisor District #2. (Mike Goodman)

Item Action: Approved

*B.

Discussion/approval/disapproval of Minutes from April 3, 2024, Regular Meeting of the Board of Supervisors. (Natasha Kennedy)

Item Action: Approved

*C.

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

Item Action: Approved

*D.Discussion/approval/disapproval of the Tax Exemption Extension request received by the Assessor's Office for: Yolanda Munoz, Linda Cannon, Abundio Colazo, Jake Payne, Daniel L. Kovitz, Robert E. Beck, Margaret Razo, Joyce Schueller, Elizabeth Wilhelm, John Luverne Crosser, Onye Bahati, Donna Smolik, Debra Goldbeck Farris, Patricia A. Clark, Belleann Cohen, Sue Roxana Wyrick, Daniel Dalton, Yolanda Murawski, and Patricia A. Garcia to be allowed to file for widow/widowers and/or disabled persons or non-profit organization tax exemption. (Natasha Kennedy) 

Item Action: Approved

*E.Discussion/approval/disapproval of Resolution No. 051524-SD determining the validity of petitions submitted for a boundary change to the Queen Creek County Island Fire District. (John Ellinwood/Brandy Schiller/Natasha Kennedy)

Item Action: Approved

*F.Discussion/approval/disapproval of a Resolution No. 051524-OST to submit a grant application to Arizona State Parks' Recreational Trails Program for $120,000 and authorize the Director to accept the award and execute an agreement after legal review. A 5.7% match is required. This Resolution will memorialize the decision of the Board of Supervisors on April 3, 2024, to submit the application by Parks & Trails for the CAP Phase 2 construction of approximately 40 miles of fencing from Park Link Drive to the Town of Florence. Supervisor District #4. (Hezekiah Allen/Himanshu Patel)

Item Action: Approved

*G.Discussion/approval/disapproval of an Award between Arizona Complete Health and Pinal County, through the Pinal County Board of Supervisors for $14,000. This grant will be used by the Pinal County Housing Authority for a consultant to complete a housing feasibility study on the land located on the Housing Authority property at Eleven Mile Corner. The funds for the award will be received and spent in FY 24/25. Therefore, revenue and expenses related to the award will be included in the budget for FY 24/25. There is no impact on the General Fund. Supervisor District #3. (Rolanda Cephas/Cathryn Whalen)

Item Action: Approved

*H.

Discussion/approval/disapproval of a Subrecipient Agreement between the City of Eloy and Pinal County, through the Pinal County Board of Supervisors beginning May 15, 2024, ending February 28, 2025, for $300,000. The City of Eloy has executed a Cooperative Agreement with Pinal County for the federal fiscal years of 2022-2024. As such, Pinal County will provide Community Development Block Grant funds to execute eligible activities in accordance with the Pinal County FFY2019-2023 Consolidated Plan. The City of Eloy will install ADA compliant street improvements as approved by the Board of Supervisors in the FFY22 Annual Action Plan. (Heather Patel/Angeline Woods)

Item Action: Approved

*I.

Discussion/approval/disapproval of Award Agreement CDC-RFA-CE-23-0002 under the Arizona State Toxicology Lab funding between the Arizona Department of Health Services and the Pinal County, through Pinal County Board of Supervisors, beginning September 1, 2023, ending August 31, 2024, for $37,676.50. Funding will be used by the Medical Examiner's Office for toxicology testing and improvement of the investigation of drug and overdose deaths. Acceptance requires an amendment to the FY 23/24 budget to transfer reserve appropriation from Fund 213 (Grants/Project Contingency) to Fund 266 (MISC Grants) to increase revenues and expenditures. There is no impact on the General Fund. (Andre Davis/John Hu)

Item Action: Approved

*J.Discussion/approval/disapproval of Resolution No. 051524-GA23-025A rescinding the approval of the previous version of the Second Amendment to the Development Agreement for Bella Vista Farms and approving the revised Second Amendment to the Development Agreement for Bella Vista Farms. Supervisor District #2. (GA23-025A) (Joe Ortiz)

Item Action: Approved

*K.Discussion/approval/disapproval of Resolution No. 051524-RD23-147 accepting Warranty Deed for fee right of way for a portion on Gary Road and Drainage Easement from Skyline and Gary Partners, LLC, an Arizona limited liability company (Grantor) to Pinal County, a political subdivision of the State of Arizona (Grantee). Supervisor District #2. (RD23-147) (Celeste Garza/Joe Ortiz)

Item Action: Approved

*L.Discussion/approval/disapproval of Resolution No. 051524-RD23-150 accepting Warranty Deed from San Tan Heights Homeowners’ Association, an Arizona non-profit corporation, for fee right of way to a portion on Hunt Highway. Supervisor District #2. (RD23-150) (Celeste Garza/Joe Ortiz)

Item Action: Approved

*M.Discussion/approval/disapproval of Resolution No. 051524-RD23-151 accepting Subdivision Improvement Performance Bond No. SU1200188, associated with Bella Vista Farms Parcel K - Parcel 4, located in Sections 9 & 10, Township 3 South, Range 8 East. Supervisor District #2. (RD23-151) (Christopher Wanamaker/Joe Ortiz)

Item Action: Approved

*N.Discussion/approval/disapproval of Resolution No. 051524-RD23-152 accepting Subdivision Improvement Performance Bond No. K41845892, associated with Bella Vista Farms Parcels G & H - Parcel 6, located in Section 9, Township 3 South, Range 8 East. Supervisor District #2. (RD23-152) (Christopher Wanamaker/Joe Oritz)

Item Action: Approved

*O.Discussion/approval/disapproval of Resolution No. 051524-RD23-154 accepting Subdivision Improvement Performance Bond No. EACX4043080, associated with Bella Vista Farms Parcel K - Parcel 3, located in Sections 9 & 10, Township 3 South, Range 8 East. Supervisor District #2. (RD23-154) (Christopher Wanamaker/Joe Ortiz)

Item Action: Approved

*P.Discussion/approval/disapproval of Resolution No. 051524-RD23-157 accepting Subdivision Improvement Performance Bond No. 070221747, associated with Borgata Offsite, located in Section 2, Township 3 South, Range 7 East. Supervisor District #2. (RD23-157) (Christopher Wanamaker/Joe Ortiz)

Item Action: Approved

*Q.Discussion/approval/disapproval of acceptance of Grant of Easement between Pinal County, a political subdivision of the State of Arizona (Owner) and Arizona Water Company, an Arizona corporation. Supervisor District #3. (RD23-158) (Celeste Garza/Joe Ortiz)

Item Action: Approved

*R.

Discussion/approval/disapproval of Resolution No. 051524-RD23-148 accepting Drainage Easement from Mountain View 88 LLC, an Arizona limited liability company (Grantor) to Pinal County, a political subdivision of the State of Arizona (Grantee). Supervisor District #5. (RD23-148) (Celeste Garza/Joe Ortiz) 

Item Action: Approved

*S.

Discussion/approval/disapproval of Resolution No. 051524-RD23-153 accepting Substitute Financial Surety for the Subdivision Improvement Maintenance Bond associated with Peralta Canyon Parcel 12, located in Section 16, Township 1 South, Range 9 East. Supervisor District #5. (RD23-153) (Christopher Wanamaker/Joe Ortiz)

Item Action: Approved

*T.Discussion/approval/disapproval of Resolution No. 051524-RD23-155 accepting a Third Party Trust Assurance Agreement No. 60,566, associated with Magma Ranch III-Parcel 2A, located in Section 19, Township 3 South, Range 9 East. Supervisor District #5. (RD23-155) (Christopher Wanamaker/Joe Ortiz)

Item Action: Approved

*U.Discussion/approval/disapproval of Resolution No. 051524-RD23-156 accepting Subdivision Improvement Performance Bond No. LICX1207124, associated with Magma Ranch Unit 3 Parcel 2 - Offsites, located in Section 19, Township 3 South, Range 9 East. Supervisor District #5. (RD23-156) (Christopher Wanamaker/Joe Ortiz)

Item Action: Approved

*V.

Discussion/approval/disapproval to submit a retroactive grant application to the Arizona Criminal Justice Commission for $348,507 with no match required. This grant will be used by the Pinal County Attorney's Office to create three new Legal Support grant positions to help backlogs for criminal cases. This agenda item was previously approved by the Pinal County Board of Supervisors on April 4, 2024, with a decreased amount and request for temporary employees only. (Kent Volkmer) 

Item Action: Approved

*W.

Discussion/approval/disapproval of the Intergovernmental Agreements between Pinal County Elections Department and the following Cities and Towns; Apache Junction, Casa Grande, Coolidge, Eloy, Florence, Kearny, Mammoth, Maricopa, Queen Creek, Superior, and Winkelman for the preparation and conduct of election services through December 31, 2026. (Dana Lewis)

Item Action: Approved

*X.

Discussion/approval/disapproval of the following appointment for Precinct Committee Person for the Democratic Party:

Supervisor District #2:

Precinct #86 Blake Bracht, 131 W. Love Rd., San Tan Valley 85143. (Dana Lewis)

Item Action: Approved

*Y.Discussion/approval/disapproval of the polling locations to be used in the July 30, 2024, Primary Election and November 5, 2024, General Election pursuant to A.R.S. 16-411. (Dana Lewis)

Item Action: Approved

*Z.Discussion/approval/disapproval of Memorandum of Understanding for the Board of Supervisors and Pinal County School Superintendent Data Processing. (Jill Broussard)

Item Action: Approved

*AA.Discussion/approval/disapproval of Intergovernmental Agreement (IGA) for E-Rate Services between Yavapai County School Superintendent and Pinal County, through the Pinal County Board of Supervisors, beginning July 1, 2024, ending June 30, 2027. The IGA allows the School Superintendent's Office to consult with Yavapai County School Superintendent regarding E-Rate services and discretionary programs. Expenses associated with the IGA will be budgeted in FY 24/25. (Jill Broussard)

Item Action: Approved

*AB.

Discussion/approval/disapproval for Lieutenant Leo Aparicio L22/1299 who will be retiring from the Pinal County Sheriff's Office (PCSO), effective June 6, 2024. Lieutenant Aparicio L22/1299 has requested that, in compliance with established precedence and protocol, he be permitted to purchase his PCSO issued duty weapon(s), identified as Glock 17 at $25 and Sionics AR15 at $330. Fair market value for Glock 17 is approximately $420 and fair market value for Sionics AR15 is $330. Purchase of issued weapon(s) upon retirement is also in compliance with A.R.S. 38-1115A which allows a law enforcement officer upon his/her retirement to purchase his/her issued weapon(s) at a price determined by the administrator of the agency. (Mark Lamb)

Item Action: Approved

*AC.Discussion/approval/disapproval for Sergeant Brian Hillman S53/1356 who will be retiring from the Pinal County Sheriff's Office (PCSO), effective May 24, 2024. Sergeant Hillman S53/1356 has requested that, in compliance with established precedence and protocol, he be permitted to purchase his PCSO issued duty weapon(s), identified as Glock 17 at $25 and Sun Devil AR15 at $330. Fair market value for Glock 17 is $420 and fair market value for Sun Devil AR15 is $330. Purchase of issued weapon(s) upon retirement is also in compliance with A.R.S. 38-1115A which allows a law enforcement officer upon his/her retirement to purchase his/her issued weapon(s) at a price determined by the administrator of the agency. (Mark Lamb)

Item Action: Approved

*AD.Discussion/approval/disapproval for Deputy Joey Hogan #1230 who will be retiring from the Pinal County Sheriff's Office (PCSO), effective May 31, 2024. Deputy Hogan #1230 has requested that, in compliance with established precedence and protocol, he be permitted to purchase his PCSO issued duty weapon(s), identified as Glock 17 at $25 and Sionics AR15 at $330. Fair market value for Glock is approximately $420 and fair market value for the Sionics AR15 is $330. Purchase of issued weapon(s) upon retirement is also in compliance with A.R.S. 38-1115A which allows a law enforcement officer upon his/her retirement to purchase his/her issued weapon(s) at a price determined by the administrator of the agency. (Mark Lamb)

Item Action: Approved

*AE.Discussion/approval/disapproval of a funding amendment to the award agreement for the Probation Success Incentive Program between Arizona Supreme Court Administrative Office of the Courts and Pinal County through the Pinal County Board of Supervisors for $49,517. The Adult Probation Department will use the award to implement and expand evidence-based practices for risk needs and assessment for individual programming through vendors. Acceptance requires an amendment to the FY 23/24 budget to transfer reserve appropriation from Fund 266 (Miscellaneous Grants) and Fund 213 (Grants/Project Contingency) to Fund 221 (Adult Probation/GPS) to increase revenues and expenditure appropriations. The amendment also aligns the fund balance budget to the actual amount. There is no impact on the General Fund. (Saul Schoon)

Item Action: Approved

*AF.Discussion/approval/disapproval to accept the award for the Veterans Treatment Court Program between the Arizona Department of Veteran's Services and Pinal County through the Pinal County Board of Supervisors for $4,500. The Adult Probation Department will use the grant for transportation, temporary lodging costs, and incentives for veteran probationers. A pro-rated amount was adopted in the FY 23/24 budget. The remaining amount will be budgeted in FY 24/25. There is no impact on the General Fund (Saul Schoon) 

Item Action: Approved

*AG.

Discussion/approval/disapproval to accept the award for Monetary Sanctions - Backfill grant between the Arizona Supreme Court Administrative Office of the Courts and Pinal County through the Pinal County Board of Supervisors beginning July 2, 2023, ending June 30, 2024, for $30,437. The Juvenile Court Services Department will use the grant for juvenile probation operations and activities. Acceptance requires an amendment to the FY 23/24 budget to transfer reserve appropriation from Fund 213 (Grants/Project Contingency) to Fund 60 (Juvenile Prob/Supervision Fees) to increase revenues and expenditures. There is no impact on the General Fund. (Jeanne Brandner)

Item Action: Approved

*AH.Discussion/approval/disapproval to accept the award for the Best of Babies Court Improvement grant between Prevent Child Abuse-Arizona and Pinal County through the Pinal County Board of Supervisors beginning February 28, 2024, ending August 30, 2024, for $10,000. The Juvenile Court Services Department will use the grant for building services, furniture, and supplies to support the program. The funds for the award will be received and spent in FY 24/25. The revenue and expenses related to the award will be included in the budget for FY24/25. There is no impact on the General Fund. (Jeanne Brandner) 

Item Action: Approved

Regular Item
(11)Meeting of the Pinal County Public Health Services District Board of Directors. (Merissa Mendoza/MaryEllen Sheppard)
Item Action: Convened into the Pinal County Public Health Services District Board Agenda
(12)Public Hearing and discussion/approval/disapproval of Resolution No. 2024-SUP-033-23, a Resolution approving case SUP-033-23; Rafael Font de Mora, landowner/applicant, requesting approval of a Special Use Permit for a Tennis Training Facility on 3.46± acres in the GR (General Rural) zone, on parcel 509-14-006K, situated in a portion of Section 13, Township 03 South, Range 07 East of the Gila and Salt River Base and Meridian, located 0.42 miles east of North Royce Road along West Phillips Road in the Queen Creek vicinity. The Planning Commission recommended approval unanimously (9-0) of case SUP-033-23 with twenty-three (23) stipulations. Supervisor District #1. (Sangeeta Deokar/Brent Billingsley)
Item Action: Approved as presented with twenty-three (23) Stipulations
(13)Public Hearing and discussion/approval/disapproval of Resolution No. 2024-PZ-PA-014-23, a Resolution approving case PZ-PA-014-23; Langley Bella Vista LLC, landowner, Jordan Rose/Rose Law Group pc, agent, requesting a Non-Major Comprehensive Plan Amendment to re-designate 16.9± acres from Suburban Neighborhood land use designation to Urban Center land use designation to allow a higher density development, a portion of Section 21, Township 3 South, Range 8 East  of the Gila and Salt River Meridian, Pinal County, Arizona (legal on file) tax parcels: 210-21-004E, located southeast of Bella Vista Road and N Gantzel Road, Pinal County. The Planning Commission recommended denial (8-0) of case PZ-PA-014-23 with no stipulations. Supervisor District #2. (Glenn Bak/Brent Billingsley)
Item Action: Approved as presented with no Stipulations
(14)Public Hearing and discussion/approval/disapproval of Ordinance No. 2024-PZ-051-23, an Ordinance approving case PZ-051-23; Langley Bella Vista LLC, landowner, Jordan Rose/Rose Law Group pc, agent, requesting a rezoning of 16.9± acres from General Business (CB-2) PAD to Community Commercial (C-2), 4± acres and Multiple Residence (MR) zoning district, 12.9± acres to allow a higher density mixed use development, a portion of Section 21, Township 3 South, Range 8 East  of the Gila and Salt River Meridian, Pinal County, Arizona (legal on file) tax parcels: 210-21-004E, located southeast of Bella Vista Road and N Gantzel Road, Pinal County. The Planning Commission recommended denial (8-0) of case PZ-051-23 with two (2) stipulations. Supervisor District #2. (Glenn Bak/Brent Billingsley)
Item Action: Approved as presented with two (2) Stipulations
(15)Public Hearing and discussion/approval/disapproval of Ordinance No. 2024-PZ-PD-020-23, an Ordinance approving case PZ-PD-020-23; Langley Bella Vista LLC, landowner, Jordan Rose/Rose Law Group pc, agent, requesting an amendment of the Rancho Bella Vista Master Planned Community Planned Area Development (PZ-PD-006-09) 16.9± acres to allow for development standards for a higher density mixed use development, a portion of Section 21, Township 3 South, Range 8 East of the Gila and Salt River Meridian, Pinal County, Arizona (legal on file) tax parcels: 210-21-004E, located southeast of Bella Vista Road and N Gantzel Road, Pinal County. The Planning Commission recommended denial (8-0) of case PZ-PD-020-23 with twenty-one (21) stipulations. Supervisor District #2. (Glenn Bak/Brent Billingsley)
Item Action: Approved as presented with twenty-one (21) Stipulations
(16)

Discussion/approval/disapproval of Resolution No. 051524-CD  to allow developer to install septic system (alternative system) in less than one acre lots in The Ridge at Black Butte subdivision. The developer is asking to waive Subdivision and Infrastructure rule 10.2.2 (A sewer collection and treatment shall be required for any subdivision lots or parcels less than one acre in area). Supervisor District #3. (Atul Shah/Brent Billingsley)

Item Action: Approved
(17)Discussion/approval/disapproval of the following documents related to activities and operations at the Pinal Airpark by or relating to Marana Aerospace Solutions, Inc, d/b/a Ascent Aviation Services: 1) Second Amendment to Lease Agreement between Pinal County and Marana Aerospace Solutions, Inc d/b/a Ascent Aviation Services; 2) Assignment and Assumption of Ground Lease and Consent to Assignment and Assumption of Ground Lease; 3) Ground Lease Estoppel Certificate; 4) Amended and Restated Memorandum of Amended, Restated and Extended Lease Agreement. (Additional documents referenced, but not needing Board of Supervisor approval, are Purchase and Sale agreement between STORE Capital Acquisitions LLC and Marina Aerospace Solutions; Lease Agreement between STORE Capital Acquisitions LLC and Marana Aerospace Solutions; Assignment and Assumption of Ground Lease between Marana Aerospace Solutions and STORE Capital Acquisitions LLC; Leasehold Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing; Memorandum of Sublease between STORE Capital Acquisitions, LLC and Marana Aerospace Solutions; Subordination, Non-Disturbance and Attornment Agreement; Disbursement Agreement between STORE Capital Acquisitions LLC) (James Petty/Chris Keller)
Item Action: Approved
(18)

Discussion/approval/disapproval of the request to create new job classifications to support the business needs of the departments and to allow and facilitate for a seamless transition for the incumbent employees into the County system. Funding for these positions is authorized in the Pinal County FY 2024-2025 Budget.

  •  Education Assistant (Detention)
  • Education Specialist
  • Principal (Detention)
  • Teacher (Detention)
  • Sheriff's Records Technician

(Claudia Luján/MaryEllen Sheppard) 

Item Action: Approved
(19)Discussion of Board Members' request for future agenda item(s) and/or reports to be presented at upcoming meetings. (Mike Goodman)
Item Action: Information Only
(20)Executive Session pursuant to A.R.S. 38-431.03(A)(3) for legal advice and contracts subject to negotiations regarding Pinal County Sheriff's Office posting opportunities on various social media platforms and the potential to monetize such activity. (Chris Keller/Mark Lamb)
Item Action: Convened into Executive Session
Adjournment