Meetings
 

NOTICE OF PUBLIC MEETING AND EXECUTIVE SESSION
PINAL COUNTY BOARD OF SUPERVISORS
SUMMARY OF AGENDA FOR REGULAR SESSION
Wednesday, July 23, 2014

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 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.
(2) Recognition of the recipients of the awards at the 12th Annual Arizona Public Defender's Conference held on June 26, 2014 in Tempe, Arizona - Brian Bohan Outstanding Rural Attorney of the Year and Jeffrey Heinrick, Rising Star.  (April Elliott)
(3) County Manager's Report (Information Only)  (Greg Stanley)
(4) Purchasing Division Report - July 23, 2014  (Randon Riffey/Leo Lew)
(5) 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.
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1
A.
Discussion/approval/disapproval of Minutes of June 11, 2014, June 25, 2014, July 2, 2014 and July 16, 2014.  (Sheri Cluff)
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2
B.
Discussion/approval/disapproval of the current billings before the Board.  (Sheri Cluff)
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3
C.
Discussion/approval/disapproval of the request for Colleen M. Wilson, David Perez, Evelyn D. Perin, Joan E. Craig,Arthur E. Hisey, Connie M. Livingston, Alicia A. Martinez, Thurmon Amos, Trina Lee, Ana Maria Valenzuela, Iglesia Pentecostal Del Dio De La Montana c/o Elcira Tirado, Alan G. King, Rose Marie Bunnell, Sean Shipley and Coy Franklin Grall be allowed to file for widow/widowers and/or disabled persons or non-profit organization tax exemption. (Sheri Cluff)

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4
D.
Discussion/approval/disapproval of the Special Event License application of Wilbur Freeman with the Assumption of Blessed Virgin Mary Parish for a religious event to be held at 600 N. Fairway Dr., Queen Valley, Arizona 85218 on September 9, 2014 from 7:00 A.M. to 4:00 P.M.   (Sheri Cluff)
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5
E.
Discussion/approval/disapproval of Resolution No. 072314-RD14-011 accepting the Warranty Deed dated January 17, 1991 conveying real property for E. Stagecoach Pass Avenue, within Section 34, T2S, R8E, within Supervisory District #5, in the unincorporated area of Pinal County. (RD14-011)   (Stephanie Sulivan/Louis Andersen)
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6
F.
Discussion/approval/disapproval of  Resolution No. 072314-RD14-009 approving and accepting by Grant of Easement for Right-of-Way dated the 23rd day of May, 2014, from the United States of America, Department of the Interior, Bureau of Indian Affairs, an easement for right-of-way for maintenance and expansion of a public roadway known as “Highway 238 East” a/k/a Maricopa-Casa Grande Highway, located in T5S, R4E, Sections 15 and 16, Supervisory District # 3  as described in the Grant attached hereto as Exhibit “A” and made a part of said Resolution. (RD14-009)  (Dale Harman/Louis Andersen)
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7
G.
Discussion/approval/disapproval of Resolution No. 072314-RD14-008 approving conveyance by quit claim deed to the Ak-Chin Indian Community of any right-of-way, easement or interest that the County has or may have in the portions of Farrell Road crossing Ak-Chin Reservation and any Community land, as described in said Resolution. (RD14-008)  (Dale Harman/Louis Andersen)
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8
H.
Discussion/approval/disapproval of Resolution No. 072314-RD14-007 approving conveyance by quit claim deed to the Ak-Chin Indian Community of any right-of-way, easement or interest that the County has or may have in the portions of White & Parker Road crossing Ak-Chin Reservation and any Community land, as described in said Resolution.  (RD14-007)  (Dale Harman/Louis Andersen)
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9
I.
Discussion/approval/disapproval of  Resolution No. 072314-RD14-004 approving the purchase in the amount of $75,205.00 of real property for roadway purposes ($33,646.00), a temporary construction easement ($11,000.00), minor improvements to the property ($29,196.00) for a total of $74,000.00 (rounded) plus title charges ($1,205.00), for the Hunt Highway Widening Project Phase II, from Skyhi Holdings LLC., an Arizona limited liability company. (RD14-004)   (Dale Harman/Louis Andersen)
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10
J.
Discussion/approval/disapproval of Resolution No. 072314-RD14-003 approving the purchase in the amount of $64,600.00 of a permanent drainage easement ($41,467.00), and a temporary construction easement ($22,155.00), for a total of $64,000.00 (rounded) plus title charges ($600.00), for the Hunt Highway Widening Project Phase II, from Borgata Ventures LLC., an Arizona limited liability company. (RD14-003)  (Dale Harman/Louis Andersen)
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11
K.
Discussion/approval/disapproval of Consent to Accept Assurance Agreement for Construction of Subdivision Improvements between Pinal County and the Town of Florence, associated with the annexation of The Village at Magic Ranch, Unit 1, located in Section 12, Township 4 South, range 8 East, within Supervisory District #2. (RD14-002)  (Greg Stanley/Louis Andersen)
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12
L.
Discussion/approval/disapproval of Change Order No. 1 extending Contract Number EC13-004 for a period of an additional 30 calendar days to September 16, 2014 due to weather delays. Specifically, rain washed out the cutoff walls. There is no cost to the county.  (EC13-004)  (Angeline To/Louis Andersen)
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13
M.
Discussion/approval/disapproval of Resolution No. 072314-GA14-001 authorizing Pinal County to enter into an intergovernmental agreement with the Town of Florence to define responsibilities for the road maintenance of Cooper Road, Christensen Road, and Old Florence Kelvin Highway.  (GA14-001)  (Joe Ortiz/Louis Andersen)
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14
N.
Discussion/approval/disapproval of the purchase of issued weapon, Glock .40 serial #LMV-170 to be sold below market value price of $25.00, to Deputy Graciano Lopez, according to State Statute ARS 38-845 (H) which allows the employee upon his/her retirement to purchase the Agency issued weapon.  (Paul Babeu)
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15
O.
Discussion/approval/disapproval of Grant Award Number 11-AZDOHS-HSGP-888307-04 between the Arizona Department of Homeland Security and Pinal County Sheriff's Office in the amount of $42,651.00 for the purchase of radios.  This Agreement shall become effective on July 1, 2014, and shall terminate August 31, 2014.  Federal Funds, CFDA #: 97-067, No Match This grant award requires a fiscal year 2014-2015 budget amendment to transfer reserve appropriation only from Fund 213 to increase revenue and expenditure appropriations in the amount of $42,651 in the Sheriff's Grant Fund (Fund 203).  There will be no impact on the General Fund Budget.  (Paul Babeu)
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16
P.
Discussion/approval/disapproval of conflict waiver requested by outside counsel Greenberg Traurig, LLP so that they can represent Robson Communities, Inc. in connection with a development agreement.  The County Attorney has no objection to the granting of this waiver.  (Lando Voyles/Chris Keller)
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17
Q.
Discussion/approval/disapproval of the appointment of outside counsel Gust Rosenfeld from the County's pre-approved outside counsel list so that the services of Gary Verburg can be retained to advise the Board of Supervisors in upcoming code enforcement matters because the county attorney's office is representing the county enforcing department in such matters, thereby creating potential conflicts.  This appointment is made with the consent and approval of the County Attorney pursuant to Pinal County Procurement Code section PC1-105(E)(4).  (Lando Voyles/Chris Keller)
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18
R.
Discussion/approval/disapproval of the Byrne Justice Assistance Grant Agreement, ACJC Grant Number DC-15-031 between Arizona Criminal Justice Commission and Pinal County, through the Pinal County Attorney’s Office, to commence on July 1, 2014, and terminate June 30, 2015, in the amount of $189,749 to enhance drug, gang or violent crime control efforts to deter, investigate, prosecute, adjudicate and punish drug, gang and related offenders. This is a reoccurring grant.  (Lando Voyles/Chris Keller)
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19
S.
Discussion/approval/disapproval of the Crime Victim Assistance Grant Agreement, ACJC Grant Number VA-15-028, between Arizona Criminal Justice Commission and Pinal County, through the Pinal County Attorney’s Office, to commence on July 1, 2014, and terminate June 30, 2015, in the amount of $27,445 to provide services to victims of crime. The grant required matching funds of $27,445 and expenses not covered by the award of $2,555 will be met by using Anti-Racketeering Fund (Fund 184). This is a reoccurring grant which does not use a competitive application process.  (Lando Voyles/Chris Keller)
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20
T.
Discussion/approval/disapproval of the Crime Victim Compensation Grant Agreement, ACJC Grant Number VC-15-060, between Arizona Criminal Justice Commission and Pinal County, through the Pinal County Attorney’s Office, to commence on July 1, 2014, and terminate June 30, 2015, in the amount of $182,981 to provide compensation awards to victims of criminally injurious conduct occurring within Pinal County. This is a reoccurring grant which does not use a competitive application process. The FY 2014-15 budget will require an amendment to appropriate $23,019 from Fund 186 to Fund 213. Please see the attached documents for additional details.  (Lando Voyles/Chris Keller)
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21
U.
Discussion/approval/disapproval for continued participation in the Arizona Department of Education National School Lunch Program - Permanent Service Agreement to receive reimbursement for a portion of the food purchased for the youth detained within the Pinal County Juvenile Court Services Youth Justice Center.  (Todd D. Zweig)
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22
V.
Discussion/approval/disapproval of Resolution No. 072314-PCEC cancelling the 2014 election for Precinct Committeeman.  (Virginia Ross)
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23
W.
Discussion/approval/disapproval of Intergovernmental Agreement for Town of Mammoth and Pinal County for the preparing and conducting of the recall election to be held on November 4, 2014.  (Virginia Ross)
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24
X.
Discussion/approval/disapproval of Intergovernmental Agreement for Superior Unified #15 and Pinal County for the preparing and conducting of the 15% Budget Override election to be held on November 4, 2014. (Virginia Ross)

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25
Y.
Discussion/approval/disapproval of Intergovernmental Agreement for Ray Unified School District and Pinal County for the preparing and conducting of the M & O election to be held on November 4, 2014. (Virginia Ross)
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26
Z.
Discussion/approval/disapproval of Intergovernmental Agreement for Picacho ESD #33 and Pinal County for the preparing and conducting of the M & O 10 % Override election to be held on November 4, 2014.  (Virginia Ross)
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27
1
AA.
Discussion/approval/disapproval of Intergovernmental Agreement for Maricopa Mountain DWID and Pinal County for the preparing and conducting of the general election to be held on November 4, 2014.  (Virginia Ross)
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28
2
BB.
Discussion/approval/disapproval of Intergovernmental Agreement for Casa Grande Union High School Dist. and Pinal County for the preparing and conducting of the M & O Override election to be held on November 4, 2014.  (Virginia Ross)
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29
3
CC.
Discussion/approval/disapproval of Intergovernmental Agreement for Apache Junction Unified School District #43 and Pinal County for the preparing and conducting of the School Board and Budget Override election to be held on November 4, 2014.  (Virginia Ross)
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30
4
DD.
Discussion/approval/disapproval of the FY 2015 Intergovernmental Agreement between the Eloy Justice Court and the Office of the Attorney General for mediation services provided to the Pinal County Justice Courts commencing July 1, 2014 and ending June 30, 2015.  This is an on-going program that provides mediation services in small claims cases, truancy cases, etc., in the Pinal County justice courts.  Funds for mediation services have been allocated in the Eloy Justice Court's FY 2015 budget. (Stephanie Jordan)
(6)
Meeting of the Pinal County Flood Control District Board of Directors. (Louis Andersen)
(7) 9:30 a.m. The following cases will be heard without additional input from the applicant or public unless prior to the time the case is publically heard, the applicant, a staff member or a member of the public requests that a case be considered separately. In the event that no such request for a hearing is made, the Board shall vote to approve the recommendation of the Commission.
 
1
A.
PZ-PA-002-14: Psalm 91, LLC, landowner, Lyle Richardson, agent, requesting approval of a Non-Major Comprehensive Plan Amendment from Very Low Density Residential (0-1 du/ac) to Secondary Airport on 40± acres pending and in conjunction with rezone request SUP-004-14 in the GR zone; situated in a portion of the NE¼ of Section 29, T4S, R2E G&SRB&M, tax parcel 510-10-002C and 002E (legal on file) (located at the northwest corner of Sage Street and Dasher Road in the Maricopa area) Planning Commission voted 6-2 to recommend approval with no stipulations.  (Dedrick Denton/Himanshu Patel)
(8)
Public Hearing and discussion/approval/disapproval of Resolution No. 072314-AQ1. A Resolution pursuant to Title 49 of the Arizona Revised Statutes, involving proposed changes to local air quality rules. The proposed changes address issues raised by the Environmental Protection Agency in a limited disapproval of Pinal County Air Quality rules (77 FR 66398, November 5, 2012). Required notices have been published, posted and e-mailed, and the full text of the proposed changes was published in the Arizona Administrative Register on June 6, 2014. The Board may choose to adopt the resolution, approving all, part or none of the proposed changes. (Mike Sundblom/Greg Stanley)
(9) Discuss/reject or set a date for a Public Hearing to consider the County Engineer’s recommendation to establish a part of Davis Ranch Road, (as a county highway) 40 feet wide, commencing at Cattletank Road and proceeding east for approximately one (1) mile terminating at Jacy Trail, located in Section 29, Township 10 South, Range 11 East, within the unincorporated area of Pinal County, and lying within  Supervisory District #4.  (RD14-005)  (Stephanie Sullivan/Louis Andersen)
(10) Discuss/reject or set a date for a Public Hearing to consider the County Engineer’s recommendation to establish a part of  Gary Road,  (as a county highway) 100 feet wide/ 2 miles long, commencing at Judd Road and proceeding south to Butte Creek Blvd located in Section (s) 25 and 36, Township 3 South, Range 7 East, and Section (s) 30 and 31, Township 3 South, Range 8 East, within the unincorporated area of Pinal County, within Supervisory District #2. (RD14-006)  (Stephanie Sullivan/Louis Andersen)
(11) Public Hearing and discussion/approval/disapproval of the county engineer’s recommendation to establish as county highways the roadways identified in the transportation improvement and maintenance program listed as portions of Felix Road, from Judy’s Rd., northerly to Roberts Rd.; Germann Road, from Meridian Rd. easterly to Ironwood Dr.; Guadalupe Road, from Meridian Rd. easterly to Delaware Rd.; Ironwood Drive/Gantzel Road, from Bella Vista Rd. northerly to Baseline Ave.; within an unincorporated area of Pinal County, Arizona. (RD14-010)  (Dale Harman/Louis Andersen)
(12) Discussion/approval/disapproval of the creation of three new positions at the Public Defender's Office as specified in the attached Memorandum.  First, a Capital Attorney position will be created to allow the office to handle first degree murder cases in which the death penalty is being sought by the State.  This position is Grade 442, Step 6, Salary with ERE $149,292.  Additionally,  two Bureau Chief positions will be created to allow a layered management structure to be put in place, rather than having all attorneys and support staff be a direct report to the Public Defender.  In conjunction with the Chief Deputy Public Defender, the Bureau Chiefs will oversee a team of attorneys and support staff assigned to a particular unit.  One position will be Grade 440, Step 1, Salary with ERE $121,269,  and the second will be Grade 440, Step 3, Salary with ERE $127,045.  These positions will be funded by the elimination of three vacant Principal Attorney positions, Job Nos. 4364, 4365, 4366, all Grade 438, Step 1, Salary with ERE $112,617, one vacant part-time Principal Attorney position, Job. No. 1395, Grade 438, $52,454, and one vacant Legal Secretary I position, Job No. 1377, Grade 113, Step 1, Salary with ERE $37,988.  This will result in a total savings of $30,687 in the general fund.  (April Elliott)
(13) Discussion/approval/disapproval of the creation of two full-time Justice Court Clerk I positions. Budget allocation for the increase to salary and EREs was approved on June 4, 2014.  Approval of this item will authorize Human Resources to create two new full-time justice court clerk I positions.  (Stephanie Jordan)
(14) Discussion/approval/disapproval of the elimination of three part-time justice court clerk I positions (numbers 246, 247 and 255), and creation of three full-time Justice Court Clerk I positions.  Budget allocation for the increase to salary and EREs was approved on June 4, 2014.  Approval of this item will authorize Human Resources to create three new full-time justice court clerk I positions.  (Stephanie Jordan)
(15) Discussion/approval/disapproval of the elimination of two part-time court security officer positions (numbers 1310 and 1317) and creation of two full-time court security positions.  Budget allocation for the increase to salary and EREs was approved on June 4, 2014.  Approval of this item will authorize Human Resources to create two new full-time court security positions.  (Stephanie Jordan)
(16) Discussion/approval/disapproval of the elimination of one part-time justice court clerk I positions (number 296), and the creation of one full-time Justice Court Clerk I position. Budget allocation for the increase to salary and EREs was approved on June 4, 2014. approval of this item will authorize Human Resources to create one new full-time justice court clerk I position.  (Stephanie Jordan)
(17) Executive Session pursuant to A.R.S. 38-431.03(A)(3)(4) for legal advice and discussion of contemplated or pending litigation concerning Code Enforcement Case No. ZO-04-14-004.    (Gary J. Verburg)
(18) Hearing, Review and Action on appeal of Hearing Officer's decision on ZO-04-14-004; Nikala Mayberry - Tax Parcel No. 200-74-050.  Violation of Pinal Zoning County Ordinance, “Uses Permitted” for MH zoning since there are more than two horses on the property:  Chapter 2.120 MH Manufactured Home Zone, Sections: 2.120.010- Uses permitted. H. Lots/parcels of one acre (43,560 square feet) or greater may have not more than two horses, more than six months of age. (Ordinance 61862 & 2001)  (Nikala Mayberry/Seymour Gruber)
(19) Executive session pursuant to ARS section 38-431.03(A)(3)(4) for legal advice and settlement discussions concerning Circle Cross Ranch, LLC, et.al. v. Pinal County, Case # CV2011-03310.  (Lando Voyles/Mark Langlitz)
(20)
Executive session pursuant to ARS section 38-431.03(A)(3)(4) for legal advice and possible settlement discussion concerning Pinal County v. Marana Aerospace Solutions, Inc. et. al., Case # CV2013-6817.  (Lando Voyles/Chris Keller)





(21) Executive session pursuant to ARS section 38-431.03(A)(3)(4)(5) for legal advice, discussion of contract matters and personnel matters that effect employee organizations concerning the contract with Homeland Security for housing (ICE) detainees.  (Lando Voyles/Chris Keller)


ADJOURNMENT
 
(SUPPORTING DOCUMENTS ARE AVAILABLE AT THE BOARD OF SUPERVISORS' OFFICE)
The Board may go into executive session for purposes 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).