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| | | | | | | | | PINAL COUNTY BOARD OF SUPERVISORS
MINUTES
Wednesday, September 4, 2024
9:32 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
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| | | | | | | | | 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 a moment of silence and the pledge of allegiance by Supervisor Miller. The Pinal County Board of Supervisors convened at 9:32 a.m. this date. The meeting was called to order by Chairman Goodman with the announcements due to a scheduling conflict with outside counsel Executive Session Item 18 will be heard at 10:30 a.m., and Supervisor Cavanaugh is appearing telephonically. Members Present: Chairman Mike Goodman; Vice-Chairman Jeffrey McClure; Supervisor Stephen Q. Miller; Supervisor Jeff Serdy Members Present Telephonically: Supervisor Kevin Cavanaugh 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) | Discussion with the County Attorney on the legal parameters, limitations, if any, and use of "call to the public" by the Board of Supervisors and public attendees. (Mike Goodman) | | | | | | | | | |
| | | | | | | | | | Item Action: Information Only | |
| | | | | | | | | (2) | 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 | |
| | | | | | | | | (3) | Announcement: Chairman Mike Goodman's appointment of Kenneth Diamond to the Open Space & Trails Advisory Commission, term of service September 5, 2024, through April 2028. (Natasha Kennedy) | | | | | | | | | |
| | | | | | | | | | Item Action: Information Only | |
| | | | | | | | | (4) | Presentation of Certificates of Service to employees for 20 and 40 years. (Leo Lew) | | | | | | | | | |
| | | | | | | | | | Item Action: Information Only | |
| | | | | | | | | (5) | County Manager's Report (Information Only). (Leo Lew) | | | | | | | | | |
| | | | | | | | | | Item Action: Information Only | |
| | | | | | | | | (6) | Supervisor District update(s) regarding notable current or upcoming events concerning the district (Information Only). (Mike Goodman) | | | | | | | | | |
| | | | | | | | | | Item Action: Information Only | |
| | | | | | | | | (7) | Discussion/approval/disapproval of a request for the Board of Supervisors to approve a Proclamation declaring the Month of September as "Workforce Development Month" in Pinal County.
Each September, National Workforce Development Month is celebrated by state workforce agencies to recognize the contributions of workforce professionals and highlight events and initiatives that support job seekers and employers. The month is also a time to reflect on the role that workforce development plays in supporting workers and growing the economy. (Joel Millman/James Smith) | | | | | | | | | |
| | | | | | | | | (8) | Purchasing Division Report - September 4, 2024. (Angeline Woods) | | | | | | | | | |
| | | | | | | | | | 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 August 7, 2024, Regular Meeting and August 12, 2024, 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 the recommendation to the Arizona Department of Liquor License and Control of application and interim permit, series 012 Restaurant of Maggie Liao for Ginza Sushi Fusion Cuisine located at 8654 E. Topaz Drive, Gold Canyon, AZ 85218, and authorize 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 the recommendation to the Arizona Department of Liquor License and Control of application for Temporary Extension of Premises/Patio Permit on Friday, November 8, 2024, from 5:00 p.m. to 10:00 p.m., application of Deborah Harris of d/b/a Rodeo Lounge, 8333 E. Sunrise Sky Dr., Gold Canyon, AZ 85118, and authorize the Clerk of the Board to execute and submit all necessary documents to the State. Supervisor District #5. (Natasha Kennedy) | | | | | | | | | | | | | |
| | | | | | | | | | * | E. | Discussion/approval/disapproval of Arizona Department of Economic Security (DES) Internal Data Sharing Agreement No. 245526.
Internal Data Sharing Agreements allow contracted providers of ARIZONA@WORK Pinal County services access to Unemployment Insurance (UI) data for program performance tracking. The Pinal County Board of Supervisors has a UI Data-Sharing Agreement (DSA) with DES/Division of Employment Rehabilitation Services. The Pinal County Board of Supervisors approved a contract with Eckerd Connects, which became effective on July 1, 2024, to provide Adult Program and Dislocated Worker Program services as part of ARIZONA@WORK Pinal County.
Approval of Internal Data Sharing Agreement No. 245526 will allow Eckerd Connects access to UI data for program tracking purposes. (Joel Millman/James Smith) | | | | | | | | | | | | | |
| | | | | | | | | | * | F. | Discussion/approval/disapproval of the Extension of the Right of Way License Agreement between Pinal County and Flock Group Inc, for the continuous use of the Public Right of Ways. (GA24-011) (Megan Villegas/Joe Ortiz) | | | | | | | | | | | | | |
| | | | | | | | | | * | G. | Discussion/approval/disapproval of Resolution No. 090424-RD24-031 accepting Third Party Trust Assurance Agreement No. 202207-S, associated with Lookout Mountain Parcel A&B and Lookout Mountain Parcel B, located in Section(s) 10, Township 4 South, Range 8 East. Supervisor District #1. (RD24-031) (Christopher Wanamaker/Joe Ortiz) | | | | | | | | | | | | | |
| | | | | | | | | | * | H. | Discussion/approval/disapproval of Lease Agreement between UNION PACIFIC RAILROAD COMPANY (Lessor) and PINAL COUNTY (Lessee), which allows for the use of the premises solely for the installation of a fence and gate to prevent trespassing. The lease term is five years, with automatic yearly extensions thereafter. Supervisor District #2. (GA24-010) (Celeste Garza/Joe Ortiz) | | | | | | | | | | | | | |
| | | | | | | | | | * | I. | Discussion/approval/disapproval of Resolution No. 090424-RD24-030 accepting a Quit Claim Deed from The Village at Borgata, LLC, a Delaware limited liability company, for right of way to a portion on Thompson Road. Supervisor District #2. (RD24-030) (Celeste Garza/Joe Ortiz) | | | | | | | | | | | | | |
| | | | | | | | | | * | J. | Discussion/approval/disapproval of Resolution No. 090424-RD24-033 releasing the current financial assurance Subdivision Improvement Performance Bond No. SU1175050, associated with The Preserve at San Tan Unit 2A and accepting Maintenance Bond No. SU1175050M, located in Section 2, Township 3 South, Range 7 East. Supervisor District #2. (RD24-033) (Christopher Wanamaker/Joe Ortiz) | | | | | | | | | | | | | |
| | | | | | | | | | * | K. | Discussion/approval/disapproval of Resolution No. 090424-RD24-034 releasing the Current Financial Assurance and Accepting Maintenance Bond No. K41798099, associated with Quail Ranch - Infrastructure located in Section 2, Township 3 South, Range 8 East. Supervisor District #2. (RD24-034) (Christopher Wanamaker/Joe Ortiz) | | | | | | | | | | | | | |
| | | | | | | | | | * | L. | Discussion/approval/disapproval of Lease Agreement between Pinal County (Lessor) and Oracle Community Learning Garden (Lessee) for the use of Pinal County Property located at 1034 E. Mt. Lemmon Hwy., Oracle. The Tenant will utilize the property to establish and maintain a community garden. Supervisor District #4. (GA24-009) (Joe Ortiz) | | | | | | | | | | | | | |
| | | | | | | | | | * | M. | Discussion/approval/disapproval of Three-Party Trico Line Extension Agreement. Supervisor District #4. (GA24-012) (James Petty/Joe Ortiz) | | | | | | | | | | | | | |
| | | | | | | | | | * | N. | Discussion/approval/disapproval of Resolution No. 090424-RD24-032 acceptance of the Arizona State Land Department, Right of Way Lease, Right of Way Number 16-106290-00, for public roadway purposes on a portion of Ranch 160 Boulevard, located in Section 06, Township 2 South, Range 10 East. Supervisor District #5. (RD24-032) (Christopher Wanamaker/Joe Ortiz) | | | | | | | | | | | | | |
| | | | | | | | | | * | O. | Discussion/approval/disapproval of Landlord's Waiver and Agreement between Alerus Financial, Jet Yard and Pinal County. Supervisor District #4. (GA24-013) (Scott Johnson/James Petty/Joe Ortiz) | | | | | | | | | | | | | |
| | | | | | | | | | * | P. | Discussion/approval/disapproval to authorize Pinal County Attorney to take all necessary action to enforce the Civil Hearing Office finding of violation as to the unpermitted electric work only against Thomas F. and Kendra J. Crabtree, up to and including filing a complaint in Superior Court, utilizing appropriate resources to remedy the violations, and file liens for the cost of recovery. The property owners were found in violation of the 2018 International Property Maintenance Code (2018 IPMC) for Section 108 to include six (6) Counts: Unsafe Structures and Equipment, three (3) Counts: Unlawful Structure, and Section R105: two (2) Counts: unpermitted electric and shade structure. The Property is located at 50811 W. Mayer Blvd., Maricopa in Supervisor District #1. (Ian Daranyi/Kent Volkmer) | | | | | | | | | | | | | |
| | | | | | | | | | * | Q. | Discussion/approval/disapproval to authorize Pinal County Attorney to take all necessary action to enforce the Civil Hearing Office finding of a violation against Johnny D. Kirk, up to and including filing a complaint in Superior Court, utilizing appropriate resources to remedy the violation, and file liens for the cost of recovery. The property owner was found in violation of the Pinal County Development Services Code for: Outside Storage and Parking for maintaining more than three (3) storage containers, unlicensed/inoperable vehicles, and scrap and debris on the property. The Property is located at 53642 W. Century Road, Maricopa in Supervisor District #1. (Ian Daranyi/Kent Volkmer) | | | | | | | | | | | | | |
| | | | | | | | | | * | R. | Discussion/approval/disapproval to authorize Pinal County Attorney to take all necessary action to enforce the Civil Hearing Office finding of a violation against Elizabeth Ramos, up to and including filing a complaint in Superior Court, utilizing appropriate resources to remedy the violation, and file liens for the cost of recovery. The property owner was found in violation of the Pinal County Development Services Code for: Outside Storage and Parking for maintaining storage of unlicensed/inoperable RVs, scrap wood, metal tubing, wood pallets, and other indiscernible/inoperable items on the property. The Property is located at 51065 W. Pampas Grass Road, Maricopa in Supervisor District #1. (Ian Daranyi/Kent Volkmer) | | | | | | | | | | | | | |
| | | | | | | | | | * | S. | Discussion/approval/disapproval to authorize Pinal County Attorney to take all necessary action to enforce the Civil Hearing Office finding of a violation against Earl W. Bridges, up to and including filing a complaint in Superior Court, utilizing appropriate resources to remedy the violation, and file liens for the cost of recovery. The property owner was found in violation of the Pinal County Development Services Code for: Outside Storage and Parking for maintaining several inoperable and unlicensed vehicles in various states of disrepair, several piles of indiscernible scrap, debris and other miscellaneous items that do not appear to be in operable conditions, and maintaining fences and/or walls within the interior of the property that appear to be constructed of unauthorized corrugated metal. The Property is located at 9680 W. Pasadena Drive, Casa Grande in Supervisor District #3. (Ian Daranyi/Kent Volkmer) | | | | | | | | | | | | | |
| | | | | | | | | | * | T. | Discussion/approval/disapproval to authorize Pinal County Attorney to take all necessary action to enforce the Civil Hearing Office finding of a violation against Carol Ward, up to and including filing a complaint in Superior Court, utilizing appropriate resources to remedy the violation, and file liens for the cost of recovery. The property owner was found in violation of the Pinal County Development Services Code for: Outside Storage and Parking Accessory Uses for storing several vehicles, including but not limited to an RV and a pick-up truck, along with indiscernible scrap and debris and a large, unpermitted shed. The Property is located at APN: 100-01-0009M in Supervisor District #5. (Ian Daranyi/Kent Volkmer) | | | | | | | | | | | | | |
| | | | | | | | | | * | U. | Discussion/approval/disapproval of Resolution No. 090424-ED-01 to cancel the November 5, 2024, elections for various school districts and special taxing districts pursuant to A.R.S. 16-410(A) and to appoint those persons who filed to be candidates to fill those board member positions for the respective term of office. (Dana Lewis) | | | | | | | | | | | | | |
| | | | | | | | | | * | V. | Discussion/approval/disapproval of Resolution No. 090424-ED-02 amending the polling locations approved on May 15, 2024, for the Primary and General Elections by swapping polling locations for Precinct 23 and Precinct 24. Precinct 23 is named Florence North and is currently located inside Town of Florence Council Chambers and Precinct 24 is named Florence South and is located inside the Florence Garden's Clubhouse. Resolution also reassigns Precinct 5 to its original location of San Manuel Community Center. (Dana Lewis) | | | | | | | | | | | | | |
| | | | | | | | | | * | W. | Discussion/approval/disapproval authorizing the establishment of a cost center under the Pinal County Sheriff's Office general fund account for program income from the monetization of the Pinal County Sheriff's Office YouTube account. The revenue from this account will be used for Sheriff's Office community programs and other programs as directed by the Sheriff. (Mark Lamb) | | | | | | | | | | | | | |
| | | | | | | | | | * | X. | Discussion/approval/disapproval of Intergovernmental Agreement for Juvenile Detention Center Education Program Services between Pinal County and Graham County. (Jill Broussard) | | | | | | | | | | | | | |
| | | | | | | | | | * | Y. |
Discussion/approval/disapproval of Lease Agreement for Shared Premises between Mary C. O'Brien Accommodation District and Pinal County. (Jill Broussard) | | | | | | | | | | | | | |
| | | | | | | | | | * | Z. | Discussion/approval/disapproval of exemption correction of 2019-2020 taxes pursuant to A.R.S. 42-18351(1) and A.R.S. 42-18352(D), for parcel 510-38-137B0. Parcel ownership is USA per recording in 1986 (1363/780) and should be exempt including special districts. Assessor's Office has corrected the tax year 2021 forward as applicable. Prior years requires Board of Supervisor's approval for correction. (Diane Power/Michael McCord) | | | | | | | | | | | | | |
| | | | | | | | | (10) | 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 | |
| | | | | | | | | (11) | Public Hearing and discussion/approval/disapproval of Resolution No. 2024-SUP-035-23, a Resolution approving case SUP-035-23, Gilligan Gold Canyon LLC, landowner, Scott Hopper, applicant/agent, requesting approval of a Special Use Permit to operate a new standalone wireless communication facility, on a 12.08± acre parcel in the Local Business (CB-1) Zoning District on Tax Parcel: 104-09-013A – legal on file – situated in a portion of Section 6, Township 01 South, Range 09 East, located at the SE corner of S. Superstition Mountain Dr. and E. U.S. Highway 60, Pinal County, AZ. The Planning Commission recommended approval (7 to 0) of case SUP-035-23 with sixteen (16) stipulations. Supervisor District #5. (Continued from August 21, 2024 Board Meeting, with Public Hearing) (Glenn Bak/Brent Billingsley) | | | | | | | | | |
| | | | | | | | | | Item Action: Approved as presented with sixteen (16) Stipulations with updates to Resolution and Item Description to read: The Planning and Zoning Commission recommended approval (8 to 1) | |
| | | | | | | | | (12) | Public Hearing and discussion/approval/disapproval of Ordinance No. 2024-PZ-032-23, an Ordinance approving case PZ-032-23; LDR-SWC Hunt Hwy & G.C., LLC, landowner, Paul Gilbert, Gilbert Blilie PLLC, agent, requesting approval of a rezone from Local Business (CB-1) to Multiple Residence (MR) on 17.64 ± acres, to allow a mixed use development plan, situated in Section 20, T03S, R08E, tax parcel 210-20-0200 (legal on file), located on west side of Hunt Highway and south of W. Golf Club Drive in the San Tan Valley area, Pinal County. The Planning Commission recommended approval (5-3) of case PZ-032-23 with one (1) stipulation. Supervisor District #4. (Glenn Bak/Brent Billingsley) | | | | | | | | | |
| | | | | | | | | | Item Action: Approved as presented with one (1) Stipulation | |
| | | | | | | | | (13) | Public Hearing and discussion/approval/disapproval of Ordinance No. 2024-PZ-PD-007-23, an Ordinance approving case PZ-PD-007-23; LDR-SWC Hunt Hwy & G.C., LLC, landowner, Paul Gilbert, Gilbert Blilie PLLC, agent, requesting approval of a Planned Area Development (PAD) Overlay District on 17.64 ± acres, to allow flexible standards in a mixed used development, situated in Section 20, T03S, R08E, tax parcel 210-20-0200 (legal on file), located on west side of Hunt Highway and south of W. Golf Club Drive in the San Tan Valley area, Pinal County. The Planning Commission recommended approval (5-3) of case PZ-PD-007-23 with seventeen (17) stipulations. Supervisor District #4. (Glenn Bak/Brent Billingsley) | | | | | | | | | |
| | | | | | | | | | Item Action: Approved as presented with seventeen (17) Stipulations | |
| | | | | | | | | (14) | Public Hearing and discussion/approval/disapproval of Ordinance No. 2024-PZ-C-001-24, an Ordinance approving case PZ-C-001-24, a Text Amendment to Pinal County Development Services Code, Section 2.10.010. – Definitions, and Section 2.150.240. – Guest house/casita (Ordinance No. 011812-ZO-PZ-C-007-10, § 11), amending definitions and additional requirements through A to F. This ordinance amendment will affect all properties in unincorporated Pinal County. (Monika Smriti/Brent Billingsley) | | | | | | | | | |
| | | | | | | | | | Item Action: Approved as presented with no Stipulations | |
| | | | | | | | | (15) | Public Hearing and discussion/approval/disapproval of Ordinance No. 2024-PZ-C-002-24, an Ordinance approving case PZ-C-002-24, an Ordinance Amendment to Title 12 – Nuisances, Chapter 12.10. – Rubbish, Trash, and Weeds of the Pinal County Development Services Code (Ordinance No. 111099-RTO), to repeal the existing ordinance with new provisions (details on file). This ordinance amendment will affect all properties in unincorporated Pinal County. (Monika Smriti/Brent Billingsley) | | | | | | | | | |
| | | | | | | | | | Item Action: Approved as presented with no Stipulations | |
| | | | | | | | | (16) | 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 | |
| | | | | | | | | (17) | Executive Session pursuant to A.R.S. 38-431.03A(3)(4)(7) regarding Gila River Indian Community (GRIC) claims relating to Hunt Highway alignment. (Kevin Costello/Kent Volkmer) | | | | | | | | | |
| | | | | | | | | | Item Action: Convened into Executive Session | |
| | | | | | | | | (18) | Executive Session pursuant to A.R.S. 38-431.03(A)(3)(4) for legal advice and contemplated litigation regarding Kevin Cavanaugh's allegations surrounding the 2024 primary election and the continued alleged actions of the election department staff. (Leo Lew/Brett Johnson-outside counsel) | | | | | | | | | |
| | | | | | | | | | Item Action: Convened into Executive Session | |
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