⚠️ REVISED REPORT – June 9 Update
This report reflects significant agenda additions discovered June 9, 2026
🚨 CRITICAL CONTEXT: TIMING OF THIS MEETING
This meeting occurs 48 hours after armed Pinal County deputies visited the homes of three Recorder’s Office employees to notify them of criminal investigation – an escalation called the “most extreme” in an 18-month pattern of retaliation by Recorder Justin Heap.
The Board will vote on funding the Elections Department (Item 50) while actively litigating against the independently elected Recorder over election equipment custody.
📋 AGENDA OVERVIEW
Total Items: 90+ agenda items
Major Categories:
- Presentations (1)
- Planning & Zoning Consent Hearings (Items 2-4)
- Planning & Zoning Regular Hearings (Items 5-10)
- Statutory Hearings (Items 11-18)
- Hearing: P-37 Human Waste Ordinance (Item 19) ⚠️
- Board Consent Agenda (Items 20-81)
- County Officers/Departments (Items 82-90)
🔴 HIGH PRIORITY ITEMS
ITEM 19: Proposed Ordinance P-37 – HUMAN WASTE ⚠️⚠️⚠️
Status: Public hearing and potential adoption
Effective Date: Same day (June 10, 2026)
What It Does:
- Prohibits “urination and defecation in any public area other than a designated restroom”
- Applies to: sidewalks, parks, bus stops, roadsides, empty lots
- Also prohibits leaving “feces, urine, or soiled toilet paper”
Contract: C-19-26-116-X-00
Civil Rights Concern:
Criminalizes basic human biological needs when public restrooms are unavailable. Disproportionately impacts homeless population. No provision requiring accessible restroom facilities.
Expected Outcome: Likely to pass under “public health” justification. Watch for:
- Unanimous vote
- No discussion of restroom access requirements
- No data on homeless population impact
ITEM 50: ELECTIONS GRANT FUND APPROPRIATION ADJUSTMENT 🔥
Amount: $22,500
Fund: FY 2026 Elections Department (210) Elections Grants Fund (248)
Source: Help America Vote Act (HAVA) Grant
- Original grant: $2,996,553 (FY 2020)
- This adjustment: Interest revenue spending authorization
Stated Purpose: “Provide fair, safe, and secure elections by addressing improvements to voting systems and voter access”
Contract: C-21-26-031-X-00
Why This Is Suspicious:
- Timing: Vote scheduled 2 days after:
- Armed deputies visited election workers’ homes (June 6)
- Heap filed emergency motion (June 8)
- Court ordered equipment returned to Recorder (April 16)
- Conflict: The Board is funding the Elections Department while in litigation against the Recorder’s Office – the constitutional officer who actually controls election equipment under Arizona law.
- Power Consolidation: By funding the department they control (Elections) while denying equipment to the independently elected Recorder, the Board appears to be consolidating election administration power.
- Court Order Noncompliance: The Board continues to appeal the April 16 court order while simultaneously funding the department that benefits from the status quo.
Key Question to Ask:
“Given the active litigation between this Board and Recorder Justin Heap, why is the Board voting to fund the Elections Department rather than tabling this until the equipment dispute is resolved? Is this an attempt to bypass the court order through administrative funding?”
🏗️ ZONING/DEVELOPMENT ITEMS
ITEM 5: Wintersburg 313 – Data Center (District 4)
Case: CPA250011 / C-44-26-116-X-00
Applicant: 313 Wintersburg LLC / Wintersburg Four LLC
Request: Comprehensive Plan Amendment to Industrial
Scale:
- Maximum height: 150’ for energy production structures
- Solar panels, battery storage exempt from lot coverage
- Near I-10 corridor
District: 4 (Debbie Lesko)
Commission Recommendation: 6-0 approval (5/7/26)
ITEM 6: HVRV 115th Ave. Storage (District 1)
Case: CUP250013 / C-44-26-119-X-00
Applicant: HVRV 115th Ave. Storage LLC
Request: Conditional Use Permit for commercial storage
District: 1 (Mark Stewart)
ITEM 7: Arlington Valley Solar Energy 3 (District 4)
Case: IUPD250011 / C-44-26-117-X-00
Applicant: Arlington Valley Storage Energy 3, LLC
Request: Industrial Use Permit for solar facility
District: 4 (Debbie Lesko)
Pattern Note: 3 data center/energy projects in District 4 this meeting.
ITEM 8: Crown Castle 802250 (District 2)
Contract: C-44-26-120-X-00
District: 2 (Thomas Galvin)
ITEM 9: All Things Metal – Phase 2 (District 4)
Contract: C-44-26-118-X-00
District: 4 (Debbie Lesko)
ITEM 11: Atlas Disposal Dispatch Yard (District 5)
Case: Z250039 / C-44-26-121-X-00
Applicant: Atlas Disposal of Arizona, LLC
District: 5 (Steve Gallardo)
ITEM 13: Martinez Village Shops (District 4)
Contract: C-44-26-122-X-00
District: 4 (Debbie Lesko)
Pattern: 6 of 10 zoning items in District 4 (Lesko’s district).
👮 SHERIFF’S OFFICE ITEMS (Items 26-47)
Item 26: Anti-Human Trafficking MOU with ASU
Contract: C-50-26-061-X-01 (amendment)
Agency: MCSO + ASU STIR Office
Focus: FY2026 DPS funding for anti-trafficking program
Item 27: U.S. Forest Service Agreement
Contract: C-50-26-052-X-01
Additional Funding: $56,000 (total $100,400)
Area: Tonto National Forest patrol
Indirect Costs: $15,489.60 (absorbed by General Fund)
Item 28: HonorHealth Base Hospital
Contract: C-50-25-103-X-01 (amendment)
Purpose: Medical direction/Advanced Life Support base station for MCSO
Items 29-35: Training Academy Fee Increases (MULTIPLE AGENCIES)
MASSIVE FEE INCREASES:
| Agency | Previous Fee | New Fee | Increase |
|---|---|---|---|
| Detention Recruit | $250 | $1,000 | 300% |
| Sworn Recruit | $750 | $1,500 | 100% |
Agencies Affected:
- Chandler PD (C-50-26-026-X-01)
- Ak-Chin Indian Community (C-50-26-007-X-01)
- Gilbert PD (C-50-26-008-X-01)
- Buckeye (C-50-26-041-X-01)
- Show Low (C-50-23-150-X-01)
- Tempe – Detention (C-50-25-076-X-01)
- Tempe – Sworn (C-50-24-186-X-01)
Effective: July 1, 2026
Revenue Impact: Significant new revenue stream for MCSO training academy.
Item 36: SCAAP Application Authority
Contract: C-50-26-088-X-00
Purpose: FY2026 State Criminal Alien Assistance Program application
Note: 30+ year program; awards have declined in recent years
Item 37: HIDTA Agreement with Peoria
Contract: C-50-26-090-X-00
Funding: Up to $30,000
Term: Through June 30, 2028
Items 38-39: Donations to Sheriff’s Office
Cash Donations: $2,716.39
Non-Cash: $2,101
Purpose: MASH Unit (animal welfare)
Donors Include: PAC911 ($1,000)
Item 40: Safe Boat and Trailer
Contract: C-50-26-087-X-00
Value: $394,649.18
Source: AZ Boating Law Enforcement Safety Fund (AZBLESF)
Annual Operating Cost: $6,000 (General Fund)
Purpose: 25’ Safe Boat for Saguaro Lake patrol
Items 53+: Sheriff Contingency Requests
Item 53: $4,935,965 + $19,140,655 = $24+ million in contingency shifts
- Net zero impact (moving between funds)
- Shows massive scale of Sheriff’s Office budget
💰 OTHER MAJOR FINANCIAL ITEMS
Item 77: Recker Gardens Apartments Bond
Contract: C-20-26-017-X-00
Amount: $16,000,000
Purpose: Multi-family housing development bond approval
🍺 STATUTORY ITEMS
Item 16: Liquor License Applications (4)
| License | Location | Contract |
|---|---|---|
| AZ 396970 | 85086 | C-06-26-317-X-00 |
| AZ 391871 | 85215 | C-06-26-314-X-00 |
| AZ 388615 | 85086 | C-06-26-318-X-00 |
| AZ 389743 | 85351 | C-06-26-321-X-00 |
Authority: A.R.S. § 4-201
📢 PUBLIC COMMENT
Scheduled: 9:30 AM or after invocation/pledge
Procedure: Speaker cards due before meeting
Time Limit: 2 minutes per speaker
Email Comments: agenda.comments@maricopa.gov
Note: Per Open Meeting Law, Board members cannot discuss matters raised during public comment, but may:
- Respond to criticism
- Ask staff to review issues
- Request matter be placed on future agenda
🎯 PATTERNS TO WATCH
Pattern 1: District 4 Concentration
- 6 of 10 zoning items in District 4 (Lesko)
- Data center, solar, commercial development
- Significant development activity in one district
Pattern 2: Sheriff Budget Expansion
- $24+ million in contingency shifts
- 300-400% training fee increases
- Multiple new equipment purchases
- Consolidating control over regional law enforcement training
Pattern 3: Elections Power Play
- Funding Elections Department during Heap conflict
- Ignoring court order on equipment return
- Using budget authority to control election administration
❓ QUESTIONS FOR PUBLIC COMMENT
Question 1 (Elections/Heap):
“On June 6, armed deputies visited the homes of Recorder’s Office employees. On June 8, Recorder Heap filed an emergency motion calling this the ‘most extreme escalation’ in retaliation. Today you vote to fund the Elections Department. Given the Superior Court’s April 16 order that equipment was ‘unlawfully taken’ from the Recorder, why are you funding the department while defying the court?”
Question 2 (P-37 Human Waste):
“Ordinance P-37 criminalizes public urination/defecation without providing restroom access. Where are people supposed to go when you’ve closed public facilities and there are no alternatives? This targets the homeless. Have you consulted with homelessness service providers?”
Question 3 (Training Fee Increases):
“The Sheriff’s Office is raising training fees 300-400% for other agencies. This creates a revenue stream for MCSO while burdening smaller departments. What is the fiscal justification for these increases?”
Question 4 (District 4 Development):
“Six of ten zoning items are in District 4. Is this concentration typical, or is there a coordinated development push in Vice Chair Lesko’s district?”
Question 5 (Executive Session):
“Will you be discussing the Heap emergency motion in executive session? If so, will you make any public statement about the armed deputy notifications?”
📊 ANTICIPATED VOTES
| Item | Expected | Notes |
|---|---|---|
| P-37 | 5-0 | Public health justification |
| Item 50 (Elections) | 5-0 or 4-1 | Watch for Gallardo dissent |
| Zoning items | 5-0 | Commission pre-approved |
| Sheriff items | 5-0 | Consent agenda typical |
Motion Maker Prediction: Debbie Lesko (Vice Chair) making most motions.
⚖️ LEGAL CONTEXT
Heap v. Galvin Status:
- April 16, 2026: Court rules equipment “unlawfully taken” from Recorder
- Board appealing while refusing compliance
- June 6: Armed deputies notify election workers of investigation
- June 8: Emergency motion filed
- June 10: Board votes on Elections funding
Court Orders:
- Equipment must be returned to Recorder’s Office
- Board in violation of court order
- Criminal investigation of employees for accessing court-ordered equipment creates “compliance paradox”
🔗 RELATED DOCUMENTS
- Heap Emergency Motion: https://recorder.maricopa.gov/asset/jcr:a2c1d735-b013-4274-a4e5-839e8a04e76d/Heap v Galvin – Notice and Emergency Motion-2.pdf
- Jeff Mason Declaration: https://recorder.maricopa.gov/asset/jcr:04bd01d6-2aee-44f3-8034-e66a8d42f570/Jeff Mason Declaration.pdf
- Agenda: https://mccobagenda.databankcloud.com/AgendaOnline/Meetings/ViewMeeting?id=4673&doctype=1
📝 CITIZEN ACTION CHECKLIST
Before Meeting:
- Email written comments to agenda.comments@maricopa.gov
- Arrive early for speaker card (in-person)
- Prepare 2-minute statement
During Meeting:
- Watch for executive session announcement
- Note motion makers (likely Lesko)
- Record vote tallies
- Document any discussion of Heap conflict
After Meeting:
- Request meeting recording/transcript
- File public records requests for executive session minutes
- Track compliance with court orders
