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"The mission of Maricopa County is to provide regional leadership and fiscally responsible, necessary public services to its residents so they can enjoy living in healthy and safe communities” Board Members Bill Gates, Chairman, District 3 Clint Hickman, Vice Chairman, District 4 Jack Sellers, District 1 Thomas Galvin, District 2 Steve Gallardo, District 5 County Manager Joy Rich Clerk of the Board Juanita Garza Meeting Location Supervisors’ Auditorium 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control District 50 Library District 54 Stadium District 56 Board of Deposit No Meeting Wednesday, November 16, 2022 9:30 AM Formal Meeting Minutes 11/16/2022 Page 2 of 56 BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES 1. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, November 16, 2022, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, Supervisor, District 1; Thomas Galvin, Supervisor, District 2; Steve Gallardo, Supervisor, District 5 (entered meeting late). Also present: Amy Loper, Deputy Clerk; Joy Rich, County Manager; Andrea Cummings, Legal Counsel; Kelly Gardiner, Minutes Coordinator; Mia Vargas, Minutes Coordinator. 2. INVOCATION - INVOCACIÓN Supervisor Hickman introduced his guest, Jeff Fine, Clerk of the Courts, who would offer the invocation. 3. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Mr. Fine led the Pledge of Allegiance to the flag. Chairman Gates asked the Clerk to call the roll. 4. VETERANS DAY RECOGNITION (C-06-23-347-X-00) Chairman Gates said in honor of Veterans Day, there would be a Veterans Day video, in recognition of those who have served. He said Maricopa County employs about 1,233 veterans and the video that will be shown features Vincent Gales, a 26-year Army Veteran. He is currently Director of Nursing, Maricopa County Correctional Health Services. In the video, Mr. Gales said his military experience has been vast, and his service in the military prepared him well for the work he does at Maricopa County. Mr. Gales was nominated for the Tom Manos Award. ~ Supervisor Gallardo entered the meeting ~ 5. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL - PRESENTACIÓN DE ANIMALES DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Kim Powell with MCACC presented Amity, a one-year-old chocolate lab who has been at the shelter since November 1, 2022. Ms. Powell said Amity is a great dog who leans up against your leg and likes to cuddle. Her adoption fee is waived and she is ready to go home. For more information visit Pets.maricopa.gov. Chairman Gates asked the Clerk if there were any announcements or corrections to the agenda. The Clerk reported that item 8 is being pulled from the Planning and Zoning Hearings Consent Agenda and is being placed on the Planning and Zoning Regular Agenda. She also said item 11 would be continued to the January 25, 2023 meeting at the applicant’s request. Formal Meeting Minutes 11/16/2022 Page 3 of 56 PLANNING AND ZONING HEARINGS - AUDIENCIAS DE PLANIFICACIÓN Y DESARROLLO ***The Board of Supervisors will now consider matters related to Planning and Zoning.*** PLANNING AND ZONING CONSENT HEARINGS - AUDIENCIAS DE CONSIENTA 6. PRADERA ESTATES Case #: S2021012 Supervisor District: 4 Applicant / Owner: Clouse Engineering, Inc. / AMH Development, LLC Request: Final Plat of Pradera Estates, which comprises 86 residential lots and 8 tracts in the R1-6 RUPD zoning district Site Location: Generally located at the southeast corner of Glendale Avenue & 127th Avenue, in the Glendale area Staff Recommendation: Approval (C-44-23-130-X-00) Chairman Gates asked the Clerk if there were any registered speakers for items 6, 7, 9, & 10. The Clerk said on items 7 and 10, the applicants are available to speak only if necessary. Motion to concur with Staff recommendation for approval by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 7. EL MIRAGE RD. LLC Case #: Z2022087 Supervisor District: 4 Applicant & Owner: Taylor Earl, Earl & Curley P.C. / JROK Holding Corporation Request: Modification of Conditions to a Special Use Permit (SUP) for an interim industrial use in the Rural – 43 zoning district Site Location: Generally located 1,230’ north of the NEC of El Mirage Rd. and Glendale Ave. in the Glendale Area Commission Recommendation: On 10/20/22, the Commission voted 6-0, to recommend approval of Z2022087 subject to conditions ‘a’ – ‘e’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “El Mirage Road, LLC”, consisting of 9 pages, dated April 28, 2022, and stamped received April 29, 2022, except as modified by the following conditions. b. Continued compliance with conditions of approval “a” through “p” in Z2009094, with the elimination of conditions “b” and “k”. Formal Meeting Minutes 11/16/2022 Page 4 of 56 c. The right-of-way dedication along El Mirage Rd. to 65’ must be completed within 180 days of Board of Supervisors approval. d. This special use permit shall expire on October 19, 2032, or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. e. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-23-126-X-00) Motion to concur with Commission recommendation for approval subject to conditions ‘a’ through ‘e’ by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo ~ Note: Agenda item 8 was taken out of order and heard after item 10 ~ 8. VILLAGES AT PLEASANT RIVER II Case #: Z2022119 Supervisor District: 4 Applicant & Owner: Brian Greathouse / EMC Management, LLC Request: Zone change from Rural-43 to R-5 RUPD Site Location: Generally located ¼ mile southeast of the SEC of Happy Valley Pkwy. and 115th Ave. in the Peoria area Commission Recommendation: On 10/20/22, the Commission voted 6-0, to recommend approval of Z2022119 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Villages at Pleasant River“, consisting of one full-size sheet, dated August 30, 2022, and stamped received August 31, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Villages at Pleasant River II”, consisting of nine pages, dated August 31,2022, and stamped received August 31, 2022, except as modified by the following conditions. c. The two properties (APN 201-21-057 and APN 201-21-049B) shall be combined prior to the submission of building permits. Formal Meeting Minutes 11/16/2022 Page 5 of 56 d. A Plan of Development of the single project must be approved prior to submission of any building permits. e. The following Planning Engineering comments shall apply: 1. The Drainage waiver DRB2021006 must be approved prior to issuance of any building permits. 2. There are Special Flood Hazard Areas on the site. Any encroachment into these Special Flood Hazard Areas requires a Floodplain Use Permit issued concurrently with the building permit. 3. The project site is within the jurisdiction of Maricopa County. However, Happy Valley Parkway adjacent to the site is under the City of Peoria jurisdiction. Developer must coordinate with the City of Peoria for approval of proposed access onto Happy Valley Parkway. 4. The County has no objections to the proposed site access on 115th Avenue utilizing future QT commercial driveway. However, if the proposed development is constructed prior to the planned QT facility, developer must provide half-street improvements on 115th Avenue as outlined in the approved QT master plan by Maricopa County. 5. The proposed development is located in a Federal Patent Easement Area. Applicant will be required to go through Federal Patent Easement Abandonment Process prior to building permit approval. No encroachments allowed within the patent easements unless abandoned or otherwise approved by MCDOT Planning. 6. A 60-foot replacement easement will be required for a local roadway along the eastern boundary of the proposed development to provide access for neighboring properties. 7. The proposed development is located along a section line alignment on the south requiring setbacks be based upon a future half width right-of-way of 55-feet, per Maricopa County Zoning Ordinance Section 1105. However, this section line requirement along the south property line is no longer required. 8. The subject site is not located within the County’s Urbanized Area; and thus, will not require a Storm Water Pollution Prevention Plan (SWPPP) from the County. This does NOT preclude the requirement to obtain a Construction General Permit (CGP) Notice of Intent to Discharge (NOI) from the State (ADEQ), as may be required. 9. Without the submittal of a precise plan of development, no development approval is implied by this review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 10. Any development must ensure that historic drainage patterns are maintained at the up and downstream limits of development. 11. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. Formal Meeting Minutes 11/16/2022 Page 6 of 56 f. The required infrastructure of the site must be permitted in conjunction or prior the submission of permits for individual housing units. Any phasing shall be identified on site plans of the Plan of Development. If infrastructure is to be phased, the phased improvement must be able to stand alone, and the phased infrastructure must be completed prior to the housing units being served by that infrastructure. g. The following R-5 RUPD development standards shall apply: 1. Minimum front yard of three feet. 2. Minimum rear yard of three feet. 3. Minimum interior side yard of three feet. 4. Minimum street side yard of three feet. 5. Required guest parking of zero percent. 6. Maximum height for residential perimeter wall signs of eight feet. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. i. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. j. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-23-129-X-00) Chairman Gates asked the Clerk if there were any registered speakers for item 8. The Clerk said none were received. Supervisor Clint Hickman made a motion to approve item 8 in accordance with the Commission recommendation as printed on the agenda but with revised condition ’e.6’ per the handout received this morning that requires a replacement easement as approved by MCDOT along the eastern boundary of the site for access to neighboring properties. The motion was seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 9. 202 & BUCKEYE DIGITAL BILLBOARD Case #: Z2022136 Supervisor District: 5 Applicant & Owner: Jacob Zonn, Becker Boards Small, LLC / 59th Avenue Industrial Plaza LLC Request: Special Use Permit for Digital Billboard Conversion in the IND-2 Zoning District Formal Meeting Minutes 11/16/2022 Page 7 of 56 Site Location: Approx. ¼ mile south from the intersection of 59th Avenue and Buckeye Rd. in the Laveen area Commission Recommendation: On 10/20/22, the Commission voted 6-0, to recommend approval of Z2022136 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “SITE-PLAN-2“, consisting of 2 full-size sheets, dated September 9, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “NARR-RPTS-2”, consisting of 20 full sized sheets, dated September 19, 2022, except as modified by the following conditions. c. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. d. The following standard shall apply: 1. Min. Distance from Another Billboard: 888’ e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. f. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-23-128-X-00) Motion to concur with Commission recommendation for approval subject to conditions ‘a’ through ‘g’ by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 10. ARRINGTON BILLBOARD CONVERSION – COUNTRY CLUB DR. Case #: Z2022156 Supervisor District: 1 Formal Meeting Minutes 11/16/2022 Page 8 of 56 Applicant & Owner: Arrington Outdoor Advertising, LP, c/o Carolyn Oberholtzer, Bergin, Frakes, Smalley and Oberholtzer, PLLC / PJT Enterprises, Pete Tode Request: Special Use Permit for Digital Billboard Conversion in the IND-2 zoning district Site Location: Generally located approx. 1,200’ northeast from the intersection of the Loop 202 Freeway and State Route 87 in the Mesa area Commission Recommendation: On 10/20/22, the Commission voted 6-0, to recommend approval of Z2022156 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled ““Special Use Permit - For Arrington Digital Billboard Conversion“, consisting of 2 full-size sheets, dated September 9, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Arrington Outdoor Advertising: Digital Billboard Conversion - Special Use Permit Narrative”, consisting of 20 full sized sheets, dated September 19, 2022, except as modified by the following conditions. c. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. d. The following standard shall apply: 1. Min. Distance from Another Billboard: 500’ e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. f. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-23-127-X-00) Motion to concur with Commission recommendation for approval subject to conditions ‘a’ through ‘g’ by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Formal Meeting Minutes 11/16/2022 Page 9 of 56 ~ Note: Item 11 would be continued as noted at the beginning of the meeting ~ PLANNING AND ZONING REGULAR HEARINGS - AUDIENCIAS DE AGENDA REGULAR 11. THE VILLE – APARTMENT TOWNHOMES Case #: Z2022068 Supervisor District: 4 Applicant & Owner: Ashley Marsh, Gammage & Burnham, P.L.C. / Gregory Living Trust Request: Zone change with overlay from Rural-43 to R-4 RUPD for future multi-family residential development Site Location: Generally located ¼ mile east of the northeast corner of 75th Ave. and Thunderbird Rd. in the Peoria area Commission Recommendation: On 9/22/22, the Commission voted 7-1, to recommend approval of Z2022068 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “The Ville – Apartment Townhomes”, consisting of one full-size sheet, dated June 20, 2022, and stamped received June 22, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “The Ville – Apartment Townhomes”, consisting of 14 pages, dated June 22, 2022, and stamped received June 22, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. APNs 200-68-020L, 200-68-020P and 200-68-020S are located within the jurisdiction of the City of Peoria (strip annexed) who must approve any zone change proposal within their confines. 2. Thunderbird Rd. and 73rd Ave. are within the jurisdiction of the City of Peoria. The applicant is responsible for coordinating with the City to review any traffic impact, right-of- way dedication, permitting or roadway improvement requirements. 3. Without the submittal of a Plan of Development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 4. Engineering review of re-zone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards, and best practices at the time of application for construction. d. The following R-4 RUPD development standards shall apply: 1. Maximum height of 30’ for structures. Formal Meeting Minutes 11/16/2022 Page 10 of 56 2. Minimum 20’ perimeter setback from any zoning boundary or adjacent street, excluding any refuse enclosure or parking spaces form a zoning boundary. 3. Minimum standard parking space widths of 9½’ and depths of 20’. However, parking spaces may overhang two feet into a landscape strip or pedestrian walkway, but any parking spaces that protrude over a pedestrian walkway shall maintain at least a four-foot-wide clearance to allow for pedestrian access. e. Prior to a precise plan of development or final plat approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre- annexation service agreement with the City of Peoria that identifies the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider. f. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. This item was continued from the October 19, 2022 meeting. (C-44-23-098-X-00) Motion to continue to the January 25, 2023 meeting by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES If you would like to send a comment or question regarding one of the statutory hearing items, please send email to Agenda.Comments@maricopa.gov Clerk of the Board Statutory Hearings - Audiencias Legales de la Secretaria de la Junta Chairman Gates asked the Clerk if there were any registered speakers or comments received for item 12 or item 13. The Clerk said none were received. 12. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR This is the time for a public hearing on the applications for liquor licenses. At this hearing, the Board of Supervisors will determine the recommendation to the State Liquor Board as to whether the State Liquor Board should grant or deny license. a. LOCATION AND OWNER TRANSFER FOR THE VENUE AT FARNSWORTH HALL Formal Meeting Minutes 11/16/2022 Page 11 of 56 Pursuant to A.R.S. § 4-203, approve an application for a Location and Owner Transfer of a Series 07 Liquor License from SuperFarm Speak Easy LLC to Jeffrey Craig Miller for The Venue at Farnsworth Hall from 3703 North 69th Street #1, Scottsdale, Arizona 85251 to 6159 East University Drive, Mesa, Arizona 85205. (AZ 211260) (Supervisorial District 2) (C-06-23-262-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo b. NEW LICENSE FOR RAM’S MARKET Pursuant to A.R.S. § 4-201, approve an application filed by Ramsin Hirmis for a New Series 10 Liquor License for Ram’s Market at 10050 West Bell Road, Suite 10/11, Sun City, Arizona 85351. (AZ 210056) (Supervisorial District 4) (C-06-23-264-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 13. PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED DON JO ACRES IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-261, § 48-3423 and § 48-3424, convene the scheduled public hearing regarding the petitions filed for the formation of the proposed Don Jo Acres Irrigation Water Delivery District, as they have been determined to be signed by a majority of the owners of the acreage within the proposed district. Pursuant to A.R.S. § 48-3424, any landowner within the boundaries of the proposed district may appear and object to the organization thereof, or to the inclusion of the landowners’ property therein. The Board will hear and consider all comments in favor or against the organization of the district and decide whether to approve or reject the organization of the district within the boundaries proposed in the petition or with modified boundaries. If the Board decides to proceed with the organization of the district, the Clerk is directed to publish a notice and post copies of the notice describing the boundaries of the proposed district and fix a date of December 6, 2022, a date not less than 20 days after the publications and postings are completed. Written protests against the organization may be filed by owners of a majority of the acreage with the proposed district boundaries. If no protest is filed, or if one is filed and found insufficient, an order establishing the district shall be entered and will include the appointment of the following three (3) Trustees of the district as set forth in the petition: Christina Jones Melissa Pimentel Lynn Spuhler The legal description of the proposed irrigation water delivery district is as follows: Lot 1 of LE-DON-JO-ACRES, a Subdivision of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 33 of Maps, Page 35; EXCEPT the West 151 feet of said Lot 1; Formal Meeting Minutes 11/16/2022 Page 12 of 56 TOGETHER WITH Lot 2 of LE-DON-JO-ACRES, a Subdivision of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 33 of Maps, Page 35; EXCEPT the West 153 feet of said Lot 2; TOGETHER WITH Lot 3 of LE-DON-JO-ACRES, a Subdivision of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 33 of Maps, Page 35; EXCEPT the West 153 feet of said Lot 3; TOGETHER WITH The East 268 Feet of Lot 4 of LE-DON-JO-ACRES, a Subdivision of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 33 of Maps, Page 35; TOGETHER WITH That part of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; Commencing at the Southwest corner of said Section 16; Thence East along the South line of said Southwest Quarter 454.85 Feet to the Point of Beginning; Thence North along the East line of LE DON JO ACRES, according to Book 33 of Maps, Page 35, records of Maricopa County, Arizona; a distance of 660.22 Feet to a point on the North line of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of said Section 16; Thence East along the North line of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of said Section 16, a distance of 132 Feet; Thence South, parallel to the East line of said LE DON JO ACRES, a distance of 660.22 Feet to a point on the South line of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of said Section 16; Thence West along the South line of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of said Section 16, a distance of 132 Feet to the Point of Beginning; EXCEPT the South 170.22 Feet Thereof; TOGETHER WITH STAPLES MANOR, a Subdivision of the South Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 81 of Maps, Page 28; TOGETHER WITH The North 302 Feet of the East 139.6 Feet of the South Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; Formal Meeting Minutes 11/16/2022 Page 13 of 56 TOGETHER WITH Lots 13 through 19, Lots 50 through 53, Lots 68 through 74, Lots 81 and 82, Lots 92 through 94, Lots 107 through 109 of EMERSON MANOR, a Subdivision of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 59 of Maps, Page 20; TOGETHER WITH That portion of abandoned alley per fee MCR 2002-0428354 TOGETHER WITH The West 348 Feet of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, lying Southerly of EMERSON MANOR, a Subdivision of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 59 of Maps, Page 20; and also lying Northerly of LE-DON-JO-ACRES, a Subdivision of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 33 of Maps, Page 35; EXCEPTING therefrom the following described property; BEGINNING at the Northwest Corner of said LE-DON-JO-ACRES, thence East along the North line of said LE-DON-JO-ACRES a distance of 157 Feet, Thence North parallel to and 190 Feet East of the West Line of the Southwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, a distance of 85.50 Feet, Thence East 43 Feet, Thence North parallel to and 233 Feet East of the West line of said Southwest Quarter of Section 16 a distance of 65.50 Feet, Thence West 80.50 Feet, Thence North 131 Feet parallel to and 152.50 Feet East of the West line of said Southwest Quarter of Section 16, Thence West 152.50 Feet to the West line of said Southwest Quarter of Section 16, Thence South along said West Line to the Westerly Extension of the North line of said LE-DON-JO-ACRES, Thence East to the Point of Beginning. Supervisorial District 1 (C-06-23-272-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Transportation Statutory Hearings - Audiencias Legales de Transportación Chairman Gates asked the Clerk if there were any registered speakers or comments received for item 14 or item 15. The Clerk said none were received. 14. ROAD FILE DECLARATIONS - DECLARACIONES DE CARRETERA Approve, by resolution, petitions to open and declare the following roads into the county highway system. This action will serve as notice of the Board of Supervisors’ acceptance of all U.S. Patent easements, reservations, rights-of-way or properties along the alignments into the Maricopa County highway system and will also authorize the maintenance and acquisition of the necessary rights-of-way through donation, purchase, or condemnation. Formal Meeting Minutes 11/16/2022 Page 14 of 56 a. ROAD FILE NO. A714 Convene a hearing for Road File No. A714 to Open and Declare the following described alignment into the County Transportation System. In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A714. Legal description and map or plat identified as Exhibit "A” is attached. (General Vicinity: MC85 and Beloat Rd and lying in Supervisor District 4) (C-64-23-123-X-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo b. ROAD FILE NO. A715 Convene a hearing for Road File No. A715 to Open and Declare the following described alignment into the County Transportation System. In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A715. Legal description and map or plat identified as Exhibit "A” is attached. (General Vicinity: 195th Ave and Indian School Rd and lying within Supervisor District 4.) (C-64-23-124-X-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 15. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0170 Convene a hearing for Road File No. PAB-0170 to consider the request to abandon a portion of a Federal Patent Easement Number 1147087 lying in the Southeast quarter of Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in the general vicinity of Happy Valley Road and 9th Avenue and known as Assessor Parcel Number 210-09-019. Notice conditions and the request for comment requirements have been met. Supervisory District No. 3 (C-64-23-056-X-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Formal Meeting Minutes 11/16/2022 Page 15 of 56 COUNTY OFFICERS - OFICIALES DE CONDADO Clerk of the Board - Secretaria de la Junta 16. SPECIAL EVENT LICENSE FOR SOUTHWEST WILDLIFE CONSERVATION CENTER Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Michael Patrick Nolan for Southwest Wildlife Conservation Center at McDowell Mountain Regional Park at 16300 McDowell Mountain Drive, Fort McDowell, Arizona 85264 to be held on Saturday, December 3, 2022 from 8:00 am to 12:00 am. (Supervisorial District 2) (C-06-23-344-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo County Attorney - Procurador del Condado 17. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE-COUNTY ATTORNEY Pursuant to A.R.S.§11-409 and A.R.S.§11-403, approve the official appointment of the following deputies, special deputies, and assistants of the Maricopa County Attorney. August 18, 2022 Michael Sabbah Rule 39 October 3, 2022 Sheri Curro Legal Support Specialist Jatonn Gee Advocate Michelle MacDougall Office Assistant Specialized Stephanie Medina Legal Support Specialist Ronald Palmer Background Investigator Benita Simon Legal Support Assistant October 17, 2022 Oscar E. Del Cid Zamudio Legal Support Clerk Ryan Davis Legal Support Assistant Madisyn Denaro Legal Support Assistant Jesus Espinoza Paralegal Jerome Fenton Deputy County Attorney Gabrielle Garcia Legal Support Assistant Jordan Littlepage Legal Support Clerk Jourdan Rassas Deputy County Attorney Monica Skaff Paralegal (C-19-23-045-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Formal Meeting Minutes 11/16/2022 Page 16 of 56 ~ Note: Item 18 was taken out of order and heard after item 20 ~ 18. MOU BETWEEN MARICOPA COUNTY ATTORNEY’S OFFICE AND MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH Approve the Memorandum of understanding (MOU) between Maricopa County Attorney’s Office (MCAO) and Maricopa County Department of Public Health (MCDPH) to establish MCAO’s Opioid Use—Felony Diversion Program (OU-FDP) Pilot. The purpose of the MOU is to use MCDPH Justice Reinvestment Funds to fund this Pilot project. The funds are to be used for defendants who are deemed eligible for the diversion program by a Deputy County Attorney assigned to a Family Violence Bureau AND are uninsured/underinsured. The goal of this Pilot is to provide the defendant an opportunity to opt in for therapeutic interventions to address a substance use disorder rather than be prosecuted and convicted of a felony offense. In addition, the Pilot provides wraparound services to the defendant’s family to ensure the family unit may stay together if it is safe for the child/children. The term of this MOU shall become effective November 21, 2022 and shall remain in effect until November 21, 2025. Referrals to the Pilot will conclude on May 1, 2024, therefore permitting eighteen (18) months for a defendant to complete the program by the MOU expiration date. The MOU shall remain effective unless terminated by either party in writing, terminate the instrument in whole, or in part, at any time before the date of expiration. The MOU may be extended upon the written approval of both parties. The mutual benefit for the parties is to develop a program that supports offenders in need of treatment, while strengthening family resiliency and reducing recidivism. Defendants will receive the support they need to be successful in life and with their family. MCDPH will pay for up to 50 enrolled defendants. Should the number of defendants exceed 50, the Director of Diversion Strategies Group shall contact MCDPH to discuss additional funding. (C-19-23-051-X-00) Dianne Barker, resident, was registered to speak but was not present in the auditorium. Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 19. BUDGET ADJUSTMENT FOR THE EXTENSION OF FUNDING AGREEMENT FOR FELONY PRE-TRIAL INTERVENTION PROGRAM Approve extension of the funding agreement between the Administrative Office of the Courts on behalf of the Arizona Supreme Court and the Maricopa County Attorney's Office for Felony Pre-Trial Intervention Program for FY2023, in the amount of $25,879. Also approve the following budget adjustment: Pursuant to A.R.S. §42-17106, increase the expenditure authority for the FY2023 County Attorney (D190) County Attorney Grants Fund (219) Non-Recurring Non-Project (NRNP) by an amount of $25,879. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. Formal Meeting Minutes 11/16/2022 Page 17 of 56 The approval of this action does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The Agreement becomes effective upon execution and shall remain in effect through June 30, 2023. In accordance with paragraph 1, page 2, of the agreement, the grant allows a 0% rate for indirect costs or $0 that may be incurred by the County Attorney's Office for the administration of this grant. The County Attorney's Office has an indirect cost rate 22.35% for FY23, the recoverable indirect cost of administering these additional grant funds is $0; the non-recoverable indirect cost for the additional funds is $5,783.96. (C-19-20-056-M-03) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 20. AMEND COMPETITION IMPRACTICABLE CONTRACTS FOR SAGE COUNSELING AND AVERTEST LLC, DBA AVERHEALTH Increase the expenditure amounts for competition impracticable contracts (CI) with Sage Counseling, Inc. (220221-CI) and Avertest LLC DBA Averhealth (220222-CI) and the addition of the Opioid Use—Felony Diversion Program Pilot Program as follows: 1. Sage Counseling, Inc. - increase the contract amount by $80,390.90 for the Opioid Use— Felony Diversion Pilot Program from $2,485,000 to $2,565,390.90. 2. Avertest LLC, DBA Averhealth - increase the contract amount by $32,140 from $300,000 to $332,140 to provide additional testing services for the various diversion programs for the Maricopa County Attorney's Office (MCAO). The increased expenditures will be funded utilizing funding from Maricopa County department of Public Health Justice Reinvestment Funds to be approved 11/16/2022 (C-19- 23-051-X-00). The Maricopa County Department of Public Health funding is available through November 21, 2025. MCAO is adding an Opioid Use – Felony Diversion Program (OU-FDP) Pilot project to assist up to 50 defendants during the pilot period with funding from Maricopa County Department of Public Health. Additional funding may be available from Maricopa County Department of Public Health if the number of defendants exceeds the estimated number of budgeted participants. ARPA funding will be used as long as ARPA funding is available. The CI's were approved with agenda item C-19-22-108-X-00. (C-19-22-108-X-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Formal Meeting Minutes 11/16/2022 Page 18 of 56 Sheriff - Alguacil 21. AMENDMENT TO SUBGRANTEE AGREEMENT FROM THE ARIZONA DEPARTMENT OF HOMELAND SECURITY – PROJECT #210811-02 Approve Amendment #1 to the Subgrantee Agreement from the Arizona Department of Homeland Security, Project #210811-02. This amendment extends the expiration date of the Agreement from September 30, 2022, until December 31, 2022. All other terms and conditions are the same. Approval of this item allows additional time to complete the purchase of the portable radio headsets, command dual radio, and a MEMO MESH network radio. The original award amount of $76,900 was approved by the BOS on October 20, 2021, in Action C-50-22-260- X-00. This funding award is not recurring and there is no match requirement. It was competitively bid. The purpose for which it is being used it is not a mandated function. (C-50-22-260-X-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 22. APPROPRIATION ADJUSTMENT FOR A.R.S. §42-1733 (SCHOOL SAFETY PILOT PROGRAM) In accordance with A.R.S. §42-17106(B), authorize the following budget appropriation adjustment(s): Increase the revenue and expenditure appropriation in the FY 2023 Sheriff’s (D500) Grant Fund (251) Nonrecurring (NRNP) budget by an additional $3,050,000. There were two prior appropriation adjustments, one for $2,085,800, approved on October 20, 2021 (C-50-22-259-X-00) and the other for $14,200 on August 31, 2022 (C-50-22-259-X-01). Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation and therefore, expenditures of these revenues are not prohibited by the budget law. This request does not alter the budget constraining the expenditures of local revenues adopted by the Board of Supervisors pursuant to A.R.S. § 42-17105. The MCSO received a State funding appropriation for FY 2021-2022 per S.B. 1729 of the Fifty-fifth Legislature to use in accordance with A.R.S. § 41-1733 for a school safety pilot program for interoperability. The State Treasurer is charged with administering this fund and funds are eligible to the sheriff of a county that establishes a school safety pilot program and may be used only for a school safety pilot program that meets criteria outlined in the Statute (attached). This will be pass through funding for authorized school interoperability projects. This state appropriation for a pilot school safety program may be reoccurring. There is no cash or in-kind match for this appropriation, nor is it applicable. Indirect cost recovery is not applicable. Future ongoing cash contributions are not applicable or are unknown. The appropriation is not a mandated function. The funding is non-competitive. There are no costs that will need to be absorbed by the department’s operating budget. (C-50-22-259-X-02) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 23. MOU WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR JOINT TRAINING Approve a Memorandum of Understanding (MOU) between Arizona Department of Public Safety and Maricopa County (MCSO) for purpose of conducting joint law enforcement training concerning the use of specialty law enforcement equipment referred to as “Grappler”. The effective date of this agreement is the date it is adopted by the Parties and shall Formal Meeting Minutes 11/16/2022 Page 19 of 56 terminate June 30, 2024. This is a non-financial Agreement. Each party is responsible for its own costs and liability. The IGA may be terminated at any time by either party with thirty (30) days written notice. (C-50-23-083-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 24. OVERTIME FUNDING FROM US DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION FOR THE JOINT TERRORISM TASK FORCE Approve acceptance of overtime funding for FFY 2023 in association with the Memorandum of Understanding (MOU) between the Federal Bureau of Investigations (FBI) and the Maricopa County Sheriff’s Office (MCSO). Acceptance of this agreement was approved by the Board of Supervisors on August 1, 2018 under C-19-004-G-00. The FY23 reimbursement funding began retroactively October 1, 2022 and will terminate September 30, 2023. The funding award is reoccurring and was awarded to the Sheriff’s Office the last four years. There is no match requirement. The Sheriff’s Office indirect cost rate for FY23 is 12.30%, applicable to the award amount of $19,840.75. There are no capital expenses, for an indirect cost base of $19,840.75 and indirect costs of $2,440.41. The $2,440.41 in indirect costs will be absorbed by the General Fund. There are no future or ongoing contributions required after the grant period ends. This is not a mandated function although it supports the MCSO public safety mandate and provides a benefit to the citizens by responding to serious incidents involving hostages and/or individuals which have been identified as having involvement in serious criminal offenses and/or terrorist activities. The grant award is not competitively bid. This agreement reimburses 100% of the salary portion of overtime costs ($19,840.75) for the employee assigned to this task force. The employer related costs (ERE)--FICA/Medicare and Retirement, estimated to be $16,749.56, will be absorbed by the MCSO General Fund (100) operating budget. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. (C-50-23-085-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 25. OVERTIME FUNDING FROM US DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION FOR THE DESERT HAWK VIOLENT CRIME TASK FORCE Approve the Notice of Limits for FY23 State and Local Overtime Reimbursements and acceptance of up to $158,726 in reimbursement funding from the US Department of Justice, Federal Bureau of Investigation for eight officers assigned to FBI managed task forces. The FBI Desert Hawk Violent Crime Task Force agreement commenced October 1, 2017 and will continue for an indefinite period until terminated by one or both parties. Acceptance of this agreement was approved by the Board of Supervisors on December 13, 2017, in Action C-18-038-G-00. The FY23 reimbursement funding is retroactive to October 1, 2022 and terminates September 30, 2023. The Sheriff’s Office indirect cost rate for FY23 is 12.30%. Unrecoverable indirect costs have been calculated as up to $19,523.30. The unrecoverable indirect cost of up to $19,523.30 Formal Meeting Minutes 11/16/2022 Page 20 of 56 will be covered by the department General Fund. This agreement is recurring, non- competitive and does not require a match. The agreement does not require on-going cash contributions after the period end date. This is not a mandated function although it supports the MCSO public safety mandate to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence such as murder and aggravated assault, robbery, and violent street gangs, as well as to intensely focus on the apprehension of dangerous fugitives where there is or may be a federal investigative interest. This agreement reimburses 100% of the salary portion of overtime costs ($158,726) for the employees assigned to this task force. The employer related costs (ERE)--FICA/Medicare and Retirement, estimated to be $133,996.48, will be absorbed by the MCSO General Fund (100) operating budget. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. (C-50-23-086-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 26. RESCIND AND REPLACE MOU WITH USDA FOR US FOREST SERVICE LAW ENFORCEMENT OFFICER’S DEPUTIZATION Rescind and replace action taken by the Board of Supervisors on 10/19/2022 under C-50- 23-050-X-00 concerning MOU with United States Department of Agriculture (USDA) for US Forest Service Law Enforcement Officers Deputization and replace with this motion: Approve a Memorandum of Understanding (MOU) between the Maricopa County Sheriff’s Office and the USDA, Forest Service Tonto National Forest (22-MU-11031200-207). This MOU establishes a general framework for cooperation between the U.S. Forest Service and MCSO to further mutual law enforcement interest and allow U.S. Forest Service Law Enforcement Officer’s Deputization by the Maricopa County Sheriff’s Office. This is a non- financial MOU and is effective as of the last signature date written on the MOU and for five years thereafter. This MOU can be unilaterally terminated in whole, or in part by either side, in writing, at any time before the expiration date. (C-50-23-050-X-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 27. LICENSE FOR THE USE OF SPACE WITH RIO VERDE FIRE DISTRICT Approve a License for the Use of Real Property between the Rio Verde Fire District and Maricopa County on behalf of the Sheriff’s Office that permits MCSO to have dedicated office space at the new Rio Verde FD station/Public Safety Building located at 17619 E. Rio Verde Dr. Rio Verde, AZ 85263. The Rio Verde community is located in unincorporated Maricopa County. With increased population and continuous growth, it would be mutually beneficial to have office space available for MCSO in responding to calls for service. No prisoners will be permitted in the facility. This is a non-financial agreement. This agreement is effective retroactive to October 25, 2022 or upon opening of new station whichever is earliest and continues through December 31, 2030. This agreement may be cancelled at any time after at least 30 days written or emailed notice to the other party. (C-50-23-087-X-00) Formal Meeting Minutes 11/16/2022 Page 21 of 56 Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 28. ADDITIONS TO FLEET-MOBILE LIGHT TOWER TRAILERS Approve one-time additions to fleet of two (2) Baldor "Power Lite", single axle, mobile diesel- powered light tower trailers as follows: 1) County asset 160, estimated value of $10,000, and 2) County asset 161, with an estimated value of $13,000. Annual operating expense is anticipated to be less than $1,000 to be absorbed by the Sheriff’s Office budget. These items were originally acquired by Public Health in 2010 and 2011 for use at Points of Distribution (PODS) in conjunction with Arizona Department of Homeland Security objectives. Public Health's distribution protocols were changed since COVID and the mobile light tower trailers are no longer relevant for that use. Public Health supports the transfer of these items to MCSO for use in Major Crimes. The trailers will be retired at the end of useful life with no funding from the general fund for replacement. (C-50-23-084-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 29. ONE-TIME ADDITION TO FLEET OF BOAT TRAILERS Approve the one-time addition to the fleet of two (2) 25’ Galvanized Boat Trailers for the two (2) new 25’ Safe Boats approved in action item C-50-23-052-X-00 by the BOS on October 19, 2022. The estimated value per Safe Boat in the original agenda included a trailer for each. The source of funding for these items is the Arizona Boating Law Enforcement Safety Fund (AZBLESF), with funding provided as a result of ARS §5-383. These are one-time additions to fleet and will be retired at the end of their useful lives, with no funding from the general fund for replacement. (C-50-23-052-X-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 30. ONE-TIME ADDITION TO FLEET OF SPECIALIZED MISSION VEHICLE Approve the one-time addition to fleet of one (1) new Specialized Mission Vehicle/Polaris Ranger XP1000 with an estimated value of $36,342. This vehicle will assist the Rapid Response Team (RRT) and Chemical, Biological, Radiological, and Nuclear Explosive (CBRNE) teams during incident responses. This vehicle will be purchased with RRT Sustainment funding awarded through the Arizona Department of Homeland Security. Funding was approved by the Board on October 19, 2022, in Action C-50-23-055-X-00. This vehicle will be retired at the end of its useful life with no funding from the General Fund for replacement. (C-50-23-055-X-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo JUDICIAL BRANCH - PODER JUDICIAL Adult Probation - Libertad Condicional de Adultos Formal Meeting Minutes 11/16/2022 Page 22 of 56 31. ADDITIONS TO FLEET The Adult Probation and Juvenile Probation Departments are asking that the Board of Supervisors approve the permanent addition of sixty-nine vehicles to the County Fleet. An attachment to this agenda item contains the list of year, make, model, and VIN numbers of all vehicles. The probation departments also request that the Board direct County Equipment Services to determine the future replacement cycles and costs, and request associated funding as required. The transfer includes fifty-seven vehicles which are currently provided by the State of Arizona, who in turn charges Adult Probation for lease, repair, and fuel costs. The proposed Equipment Grant Agreement transfers the vehicles to the Adult Probation Department without a charge by the State. There is an estimated $64,277.55 for vehicle onboarding costs and an additional $236 for the transfer of licenses / transfer of title from the State to the County for a total of $64,513.55 to be paid by the General Fund (100) of the Adult Probation Department (D110). Future ongoing costs for maintenance, fuel, and repair will be absorbed in the existing General Fund (100), Adult Probation Department (D110) budget. The transfer includes twelve vehicles which are currently provided by the State of Arizona, who in turn charges Juvenile Probation for lease, repair, and fuel costs. The proposed Equipment Grant Agreement transfers the vehicles to the Juvenile Probation Department without a charge by the State. There is an estimated $13,073.40 for vehicle onboarding costs and an additional $48.00 for the transfer of licenses / transfer of title from the State to the County for a total of $13,121.40 to be paid from the General Fund (100) by the Juvenile Probation Department (D270). Future ongoing costs for maintenance, fuel, and repair will be absorbed in the existing General Fund (100), Juvenile Probation Department (D270) budget. Pursuant to A.R.S. § 38-538-03, Exemption from markings and non-government license plates will be required for all vehicles transferred. (C-11-23-000-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn 32. AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE APPROVAL AND BUDGET ADJUSTMENTS Approve the following uses of American Rescue Plan Act (ARPA) funding consistent with the Board of Supervisors approved priorities. Emergency Management -COVID Response Ongoing Database Management increase by $263,441 for a new estimated amount of $423,441 Human Services -Homelessness Navigation and Additional Housing Services increase by $493,756 for a new estimated amount of $3,093,756 -Non-Profit Assistance Program increase by $149,892 for a new estimated amount of $13,886,444 Formal Meeting Minutes 11/16/2022 Page 23 of 56 -Internal Case Management, Intensive Case Management, and Supplies increase by $906,265 for a new estimated amount of $3,279,265 -IT Platform for Data Analysis increase by $2,500,000 for a new estimated amount of $4,500,000 -Homeless Shelter and Services for Bridge (Hotel) Shelters increase by $4,810,000 for a new estimated amount of $46,563,710 -Emergency Repairs and HVAC increase by $10,000,000 for a new estimated amount of $18,650,000 -Apprenticeship Expansion Program estimated at $12,000,000 -Reduce Career Readiness for Employer Services Initiative by $2,724,751 for a new estimated amount of $2,275,249 -Reduce Workforce Support for Job Seeker Initiative by $507,245 for a new estimated amount of $15,013,573 -Workforce Support for Career, College, and Credentials Initiative increase by $327,850 for a new estimated amount of $10,327,850 Correctional Health -COVID Response Ongoing increase by $634,028 for a new estimated amount of $2,195,982 Office of Medical Examiner -Case Information Specialists for Caseloads increase by $5,497,323 for a new estimated amount of $8,461,573 Human Resources -Human Resource Oversight for ARPA increase by $712,862 for a new estimated amount of $1,190,362 Public Fiduciary -Support for vulnerable populations increase by $3,604,893 for a new estimated amount of $5,984,893 Public Defense Services -Criminal Case Staffing increase by $7,881,517 for a new estimated amount of $11,876,344 Public Health -COVID Response Ongoing Staffing increase by $6,284,428 for a new estimated amount of $15,304,428 -COVID Response Ongoing Contact Tracing increase by $3,708,926 for a new estimated amount of $6,458,926 -Public Health Surveillance Modernization/Informatics System Improvements increase by $2,169,190 for a new estimated amount of $4,370,190 -Substance Use and Mental Health Data Trend Analysis increase by $1,386,730 for a new estimated amount of $2,216,730 -WIC Service Enhancements increase by $1,608,599 for a new estimated amount of $3,608,599 -Public Health Clinic Locations increase by $9,000,000 for a new estimated amount of $38,000,000 -Opioid Substance Use Initiative estimated at $3,702,000 -Reduce Behavioral Health Community Needs Assessment from $500,000 to $0 Assistant County Manager -Valleywise Recruitment and Retention Premium Pay for Behavioral Health Inpatient Capacity estimated at $10,600,000 -Graduate Nurse Practice Readiness Pilot Project increase by $4,337,944 for a new estimated amount of $5,087,944 Formal Meeting Minutes 11/16/2022 Page 24 of 56 Also, authorize the Office of Budget and Finance to make the following adjustments to revenue and expenditure authority in FY 2024 Recommended for the Coronavirus Fiscal Recovery Fund (Fund 296) Non Recurring Non Project (NRNP) budgets in the following departments: Emergency Management (D150): $263,441 Human Services (D220): $27,955,767 Correctional Health (D260): $634,028 Office of Medical Examiner (D290): $5,497,323 Human Resources (D310): $712,862 Public Fiduciary (D340): $3,604,893 Public Defense Services (D560): $7,881,517 Public Health (D860): $27,359,873 Assistant County Manager (D950): $14,937,944 Also, Pursuant A.R.S. 42-17106(B), adjust the following department Revenue appropriations in FY 2023 for the American Rescue Plan Act Fund (296), Non Recurring Non Project (NRNP) budgets. Expenditure appropriations were adjusted in the CIP reconciliation item on 10/19/2022 C-18-23-039-X-00. Adult Probation (D110); $961,358 Emergency Management (D150): $(399) Office of Budget and Finance (D180): $1,059 County Attorney (D190): $2,862,274 County Manager (D200): $494,033 Human Services (D220): $1,918,932 Correctional Health (D260): $351,531 Office of Medical Examiner (D290): $575,139 Parks and Recreation (D300): $(501,452) Human Resources (D310): $543,522 Public Fiduciary (D340): $496,970 Public Defense Services (D560): $637,613 Procurement Services (D730): $97,399 Public Health (D860): $(20,158,524) Assistant County Manager -D950 (D950): $574,275 Non Departmental (D470): $11,146,270 Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the Budget Law. Approval of this action does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-95-23-027-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Formal Meeting Minutes 11/16/2022 Page 25 of 56 COUNTY OFFICES AND DEPARTMENTS - DEPARTAMENTOS Y OFICINAS DEL CONDADO Environmental Services - Servicios Ambientales 33. BOARD OF HEALTH FEE WAIVER REIMBURSEMENT Approve a fund transfer of $6,740 from the General Fund (100) to the Environmental Services Environmental Health Fund (506). The purpose of the transfer is to reimburse Environmental Services for Fee Waivers approved by the Board of Health pursuant to C-88- 12-010-7-00. Pursuant to A.R.S. §42-17106B, authorize the transfer of FY2023 expenditure authority in the amount of $6,740 from Non Departmental (D470) General Fund (100) Non Recurring Non Project (NRNP) Contingency (4711) to Non Departmental (D470) General Fund (100) Non Recurring Non Project (NRNP) Other Programs (4712) to the line item titled “Board of Health Fee Waiver Fund Transfer” for the reimbursement of the Environmental Services fee waivers approved by the Board of Health. Also authorize an increase in revenue authority in the amount of $6,740 in Environmental Services (D880) Environmental Services Environmental Health Fund (506) Non Recurring Non Project (NRNP) and increase expenditure authority in the amount of $6,740 in Non Departmental (D470) Grants Fund (249) Non Recurring Non Project (NRNP) with offsetting revenue and expenditure adjustments in Eliminations (D980) Eliminations Fund (900) Non Recurring Non Project (NRNP). This action will have a net zero impact on the overall County budget. (C-88-23-004-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Equipment Services - Servicios de Equipo 34. TRANSFER VEHICLE FROM PARKS AND RECREATION TO EQUIPMENT SERVICES DEPARTMENT A) The Transfer of vehicle M1209 2012 Kubota RTV500 from the Parks & Recreation Department (D300) to the (D740) Equipment Services Department. This transfer is not an increase to the Equipment Services fleet. They are replacing 888 B) A one-time Non-Recurring Transfer of $8,000 from the Equipment Services Fund (654) to the Parks Enhancement Fund (241). C) Increase the FY2023 revenue authority for Parks & Recreation (D300) Parks Enhancement Fund (241) Non-Recurring (NRNP) in the amount of $8,000. D) Increase the expenditure authority for the Equipment Services Department (D740) Equipment Services Fund (654) Non-Recurring (NRNP) in the amount of $8,000. E) Offsetting revenue and expenditure adjustments for the fund transfer in the Eliminations (D980) Eliminations Fund (900) Non-Recurring (NRNP) in the amount of $8,000. F) In addition, with no reduction to Parks & Recreation, vehicle M1209 was replaced by 80122. G) This transfer eliminates sending to auction and using the remaining life expectancy in another County department. (C-74-23-003-X-00) Formal Meeting Minutes 11/16/2022 Page 26 of 56 Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 35. TRANSFER VEHICLE FROM AIR QUALITY TO THE SHERIFF'S OFFICE A) The Transfer of vehicle 411412 2014 Ford F450 Crane Truck from Air Quality Department (D850) to the Sheriff's Office (D500). This transfer was an increase to the Sheriff's Office fleet. A request was submitted by the Sheriff's Office for a one-time addition to the fleet on agenda # C-50-23-024-X-00. B) A one-time Non-Recurring Transfer of $36,000 from the Sheriff's Office General Fund (100) to the Air Quality Fees Fund (504). C) Increase the FY 2023 revenue authority for Air Quality (D850) Air Quality Fees Fund (504) Non-Recurring (NRNP) in the amount of $36,000. D) Increase the FY 2023 expenditure authority for the Sheriff's Office (D500) General Fund (100) Non-Recurring (NRNP) in the amount of $36,000. E) Decrease the FY 2023 expenditure authority for the Non-Departmental (D470) General Fund (100) Non-Recurring (NRNP) “Contingency” (4711) in the amount of $36,000. F) Increase the FY 2023 expenditure authority for the Non-Departmental (D470) Non- Departmental Grants Fund (249) Non-Recurring (NRNP) “Contingency” (4711) in the amount of $36,000. G) Offsetting revenue and expenditure adjustments for the fund transfer in the Eliminations (D980) Eliminations Fund (900) Non-Recurring (NRNP) in the amount of $36,000. H) In addition, with no reduction to Air Quality Fleet, vehicle 411412 was replaced by 312260. (C-74-23-002-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Finance - Finanzas 36. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 10/14/2022 through 10/27/2022, from the operating funds to clearing funds including payroll, journal entries, allocations, loans, and paid claims and authorize the issuance of the appropriate related warrants. Pursuant to A.R.S. §11-217(D) and A.R.S. §11-623, said warrants and claims are on file in the Clerk of the Board’s office and retained in accordance with LAPR approved retention schedule. (C-18-23-053-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Formal Meeting Minutes 11/16/2022 Page 27 of 56 Human Resources - Recursos Humanos 37. MARKET RANGES Pursuant to A.R.S §11-251 (38) and 251 (51), approve the addition, replacement, and/or deletion of Market Ranges to the authorized comprehensive listing of employee compensation Market Ranges previously approved by the Board of Supervisors and approve the addition and/or replacement of bi-weekly stipends for management/professional assignments (MPA) based upon the employee’s full-time equivalent (FTE) status. Range Update: Surveillance Officer $23.55 $31.40 $48,984 $65,312 (C-31-23-032-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 38. EXCEPTION TO THE VACATION CARRYOVER LIMIT Approve an exception to the vacation carryover limit outlined in the Maricopa County Employee Leave Policy (HR2415) for employees in the Recorder’s Office and Elections Department. This exception will allow these employees to carry over their excess vacation hours (greater than 240 hours for classified employees and 320 hours for unclassified employees) from calendar year 2022 into calendar year 2023. The demands of the 2022 general election have limited the ability of these employees to use their vacation in 2022. This carryover will allow them to use their vacation in 2023 during a non-general election year. • Vacation Carryover Expiration Date: December 31, 2023 • Vacation Payout: Any unused hours carried over will not be paid out at separation. (C-31-23-034-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Human Services - Servicios Humanos 39. AMENDMENT TO IGA WITH TOWN OF GILA BEND Approve financial Amendment No. 2 to an Intergovernmental Agreement (“Agreement”) between the Town of Gila Bend (“Subrecipient”) and Maricopa County (the “County”) administered by its Human Services Department. The County and the Subrecipient are referred to collectively as the “Parties.” The purpose of the Agreement is for the Subrecipient to renovate the Gila Bend Community Center and to reconstruct sewer lines in the town. The purpose of this Amendment No. 1 is to address the following: Revise Section 3 (Work Statement), Paragraph 3.0 Scope of Work B to revise to Subparagraph 3.1 (Project Description) to add: 3.1.1 The Subrecipient shall procure professional services related to the Town of Gila Bend’s Municipal Wastewater System (WWS), specifically to conduct field inventory, mapping, and documentation of the existing WWS, audit the capacity and integrity, and to develop a Formal Meeting Minutes 11/16/2022 Page 28 of 56 Capacity, Management, Operations and Maintenance (CMOM) program. Funding for this activity will be funded by the ARPA funds provided in the original Agreement, no other County provided funds will be utilized by the Subrecipient to pay for these activities. The Agreement is amended to incorporate the changes contained in this Amendment No. 2. All other terms and conditions of the Agreement and Amendment No. 1 shall remain unchanged and in full force and effect as executed by the Parties. This Amendment No. 2 shall be effective upon approval and signature by both Parties. This Amendment does not have financial impact. Supervisory Districts 5 (C-22-22-050-X-02) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 40. AMENDMENT TO IGA WITH MESA UNIFIED SCHOOL DISTRICT Approve Amendment No. 1 to the Intergovernmental Agreement between Mesa Unified School District and Maricopa County administered by its Human Services Department Head Start program (C-22-20-065-3-01/G-30200). The purpose of the Amendment is to address the following: A. Extend the Agreement term from June 30, 2023 to June 30, 2025. B. Revise section 26.0 (Collaboration Activities), subsection 26.8.1 which lists community- based locations where Head Start program activities are provided withing the District’s boundaries. C. Revise section 27.0 (Facility Use) to remove subsection 27.2.5 in its entirety which removed a site where Head Start program activities are no longer provided. D. Pursuant to Section 27.0 (Facility Use), subsection 27.10, (Renovations), implement required Tenant Improvements that will address renovations to the classrooms and restrooms at the following 2 locations: a. Lowell Elementary School, 920 East Broadway, Mesa 85201 b. Lindbergh Elementary School, 930 South Lazone, Mesa 85204 E. The County shall contract with a vendor to make the necessary renovations in the 2 locations listed above. The County’s costs shall not exceed an amount of $44,200 for the renovations. This Amendment is subject to A.R.S. §38-511. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the original Agreement remain the same and in full force and effect as approved and amended. Supervisory District: 2 (C-22-20-065-3-01) Formal Meeting Minutes 11/16/2022 Page 29 of 56 Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 41. AMENDMENT TO THE AGREEMENT WITH ARIZONA COMMUNITY ACTION ASSOCIATION DBA WILDFIRE FOR UTILITY ASSISTANCE PROGRAM Approve Amendment No. 1 to the revenue Agreement between Arizona Community Action Association DBA Wildfire, an Arizona nonprofit corporation (Wildfire) and Maricopa County, administered by its Human Services Department. The purpose of this Agreement is for Wildfire to provide the County with funding for the administration of weatherization services, utility repair and replacement, utility deposits and bill assistance (Utility Assistance) to low- income residents of Maricopa County. The purpose of the Amendment is to revise the funding allocation to the following: • Utility Repair Replacement Deposit (URRD) Direct service funds to be decrease from $400,873.00 to $367,466.67. Program delivery to increase to $73,493.33 from $40,087.00 The total funding for the URRD allocation does not change and remains at $440,960. Reimbursement period for the Agreement shall begin on July 1, 2022, through June 30, 2023. Supervisory District: All (C-22-22-115-X-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 42. AMENDMENT TO THE AGREEMENT WITH ARIZONA DEPARTMENT OF HOUSING FOR WEATHERIZATION ASSISTANCE PROGRAM Approve Amendment No. 1 to the revenue Agreement between Arizona Department of Housing (ADOH) and Maricopa County administered by its Human Services Department. The purpose of the Agreement is for the County to administer the Weatherization Assistance Program (WAP). ADOH shall provide the County with funds to administer the WAP. The purpose of Amendment No. 1 is to address the following: A. ADOH Scope of Work has changed for the DOE to fund 200% or below the Federal Poverty Guidelines. LIHEAP to fund 200% or below of Federal Poverty Guidelines as published annually. B. The LIHEAP funding has been increased by $682,536 from $442,822 to $1,125,358. C. Revise Section 6 (Scope of Work) with Attachment A and replace it with the attached revised Attachment A: weatherization measures increased to 107 units occupied by low- income households in Maricopa County outside of the City of Phoenix. D. Revise Section 7.1 (Performance Report) with Attachment B and replace it with the attached revised Attachment B. E. Revise Section 8 (Schedule of Completion) with Attachment B and replace it with the attached revised Attachment B. F. Revise Section 9 (Budget) with Attachment C and replace it with the attached revised Attachment C. G. Revise Section 13 (Compensation and Method of Payment) with Attachment D and replace it with the attached revised Attachment D. The funds will be utilized to provide Formal Meeting Minutes 11/16/2022 Page 30 of 56 The funding availability period is retroactive to July 1, 2022, through June 30, 2023. The County shall provide installation/repair of energy efficiency measures to dwellings occupied by low-income households in Maricopa County, excluding dwellings located within the incorporated city limits of the City of Phoenix. The priority population for the Weatherization Assistance Program is persons who are particularly vulnerable such as the elderly, persons with disabilities, families with children, high residential energy users, and households with high-energy burdens. The Agreement is amended to incorporate the changes contained in this Amendment No. 1. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. Amendment No. 1 shall be effective upon approval and signature by both Parties. Acceptance of this Agreement will not impact the County General Fund. FY2023: $682,536: Revenue & Expenditures Supervisory District: All (C-22-23-001-X-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 43. ACCEPTANCE OF GRANT FUNDS FROM U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR EARLY HEAD START PROGRAMS Approve the receipt of grant increase funds from the U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), Grant No. 09CH012079-02-01 in the amount not-to-exceed $520,680. The awarded funds are for Cost of Living Allowance (COLA) and Quality Improvement increases for Head Start and Early Head Start program operations. The COLA increase $265,624 for Head Start and $178,230 for Early Head Start, and Quality Improvement increases are $41,999 for Head Start and $34,827 for Early Head Start. The Human Services Department submitted an application to the Office of Head Start for COLA and quality improvements in May 2022. The funds were awarded through a non- competitive process as Maricopa County is a recipient of the current grant. The increase funds are a one-time award for the budget period of July 1, 2022 thru June 30, 2023. The project period of the Grant began on July 1, 2021 thru June 30, 2026. The grant requires a non-federal share (NFS) match of the total approved project costs. The total required NFS for FY2023 is $4,941,192 and shall remain unchanged for the budget period of July 1, 2022 thru June 30, 2023. NFS is generated through in-kind donations of goods and services as well as parent volunteering. The OHS has approved a non-federal match waiver for the federal funds awarded for COLA and Quality Improvement funds. The grant funding for the budget period of July 1, 2022, to June 30, 2023 shall be increased to $20,285,449. Upon approval of receipt of funds, the overall grant funds amount for the project period shall be increased to $25,226,641. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the revenues is not prohibited by the budget law. Formal Meeting Minutes 11/16/2022 Page 31 of 56 This Grant award does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall budget will be adjusted as necessary to accommodate the grant funding through a future reconciliation. Acceptance of the grant funds will not impact the County General Fund. FY 2023 Revenue & Expenditures: $520,680. Supervisory District: All (C-22-22-174-X-06) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 44. RESCIND ACTION AND REPLACE AMENDMENT TO IGA WITH CITY OF CHANDLER FOR THE DELIVERY OF EMERGENCY RENTAL ASSISTANCE ACTIVITIES Approve the following: 1. Rescind the action taken by the Board of Supervisors on August 17, 2022, to Approve Amendment No. 1 to the financial Intergovernmental Agreement between City of Chandler (City) and Maricopa County, administered by its Human Services Department (County or Subrecipient). The City provided the County with American Rescue Plan Act Rental Assistance (ERA) funding in the amount of $13,150,000. The City provided the County with ERA 1.0 funding amount of $6,850,000 under Assistance Listing Number (ALN) 21.023, and ERA 2.0 funding amount of $6,300,000 under ALN 21.027. The County administers rental and utility assistance services to residents of the city of Chandler and its unincorporated areas, that have been impacted by the COVID pandemic. 2. Approval of the revised Amendment No. 1 which will address the following: A. Decrease the Agreement amount from $13,150,000 to $12,480,329. B. Revise paragraph 6.0 (Funding), to address the following: 1. Increase ERA 1.0 funding by $673,750 from $6,850,000 to $7,523,750. a. Rental and Utility assistance is increased by $561,343 from $6,300,000 to a minimum of $6,861,343. b. Administrative costs is increased by $112,407 from $550,000 to a maximum of $662,407. 2. Decrease ERA 2.0 funding by $1,343,421.88 from $6,300,000 to $4,956,579. a. Rental and Utility assistance is decreased from $1,745,306 from $6,300,000 to a minimum of $4,554,694. b. Administrative costs is increased from $0 to a maximum $401,885. The Agreement is amended to incorporate the changes contained in this Amendment No. 1. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. This Amendment No. 1 shall be effective upon approval and signature by the Parties. Supervisory District: 1 (C-22-22-062-X-02) Formal Meeting Minutes 11/16/2022 Page 32 of 56 Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Parks and Recreation - Parques y Recreación 45. AMENDMENT TO USE MANAGEMENT AGREEMENT WITH JUNIOR NATIONAL FOUNDATION Approve and execute the Amendment Six to the Use Management Agreement (“Agreement”) between Maricopa County (“County”) and Junior National Foundation (“Concessionaire”) (C- 30-04-027-1-06). The purpose of Amendment Six is to address, among other things, the improvement and expansion of the existing Tres Rios Golf Course. The effective date of the Agreement shall be the date executed by Maricopa County. Term of the agreement is through December 31, 2050, with one option to renew for twenty-five (25) years. Supervisory District: 5 (C-30-04-027-1-07) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 46. AMENDMENT TO ESTRELLA MOUNTAIN REGIONAL PARK MASTER PLAN TO ADD 18-HOLE GOLF COURSE AND MODIFICATIONS TO MULTIPLE USE TRAILS Approve and execute an Amendment to the Estrella Mountain Regional Park Master Plan (the “Master Plan”) for expansion to the existing Tres Rios Golf facility. The expansion will include a Junior National 18-hole golf course and new clubhouse, which requires re-routing specific sections of existing multiple-use trails (namely the Quail, Baseline, Saddle, and Rainbow Valley trails) at Estrella Mountain Regional Park (“Park”). The reroutes will not decrease the approximate forty-three (43) miles of trails in the park. The Master Plan was first written in 1965, updated in 1988 and last updated and approved by the Maricopa Board of Supervisors (the "Board") on June 8, 2016 (C#-30-16-020-P-00). The map of the new Junior National 18-hole golf complex will be added as an Amendment to the Master Plan. The addition of the new facilities will use less than one percent (1%) of the 19,800-acre park. At its meeting on November 15, 2022, the Maricopa County Parks and Recreation Advisory Commission voted to recommend that the Board approve this Amendment to the Master Plan. Supervisory District #5 (C-30-23-013-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Supervisor Hickman thanked RJ Cardin, Director of Parks and Recreation for the work done on this project that has the potential to bring junior golfers to the region. Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 47. AMENDMENT TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY AT USERY MOUNTAIN REGIONAL PARK Approve and execute Amendment 1 to the License Agreement for Use of Real Property between Maricopa County, a political subdivision of the state of Arizona, and the Flood Formal Meeting Minutes 11/16/2022 Page 33 of 56 Control District of Maricopa County, a political subdivision of the State of Arizona. This Amendment One shall be effective retroactive as of July 31, 2022. Either party may terminate this Agreement without cause by giving thirty (30) days’ advance written notice to the other of intent to terminate. Supervisory District #4. (C-30-13-004-3-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 48. PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Approve and execute a Purchase Agreement and Escrow Instructions (PSA) between Maricopa County (County), the Town of Cave Creek (Town), and Desert Foothills Land Trust, Inc, an Arizona nonprofit corporation (DFLT), for the purchase of 29.9 acres of real property as attached to PSA as Exhibit A (Properties), from DFLT, and authorize the Chairman to execute all other documents required to purchase the Properties without further Board action provided the terms are in substantial conformance with the PSA and approved by legal counsel. Maricopa County Assistant County Manager and Real Estate Director for Maricopa County are authorized to administer the PSA. The County and Town will contribute equal refundable Purchase Deposit in the amount of $362,500 each into a non-interest-bearing account with an escrow agent. Upon the close of escrow, funds will be made available to DFLT only for the purchase of the Properties. The County and the Town, upon obtaining title to the Properties from DFLT, shall record a Conservation Easement (Conservation Easement) on the Properties in favor of DFLT, a form of which is attached to PSA as Exhibit C. This land to be purchased is in Supervisory District 2 (C-30-23-012-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 49. DISTRIBUTION DESIGN AND CONSTRUCTION CONTRACT WITH SRP FOR SAN TAN MOUNTAIN REGIONAL PARK Approve and execute a Design and Construction Contract (Contract) between Maricopa County (County) and Salt River Project Agricultural and Improvement District (SRP) in order to provide electrical distribution design and construction for the Goldmine Trailhead at San Tan Mountain Regional Park. The cost of providing the electrical design and construction is $11,484.12. Also authorize the Director of Maricopa County Parks and Recreation Department to execute additional documents in connection with the Contract as required to facilitate the electrical distribution design and construction. This item is located in Supervisory District 1. (C-30-23-014-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Formal Meeting Minutes 11/16/2022 Page 34 of 56 Procurement Services - Servicios de Adquisiciones 50. 220265-S, ASPHALT SERVICE AND REPAIR Approve the contract for award at an estimate of $10,000,000.00 over one year until November 30, 2023 with five one-year renewal options. The effective date of the contract will be December 1, 2022. The purpose of the contract is to provide to Maricopa County Maricopa County a source of contractors to perform asphalt pavement maintenance and repair activities consisting of crack sealing, crack filling, asphalt pavement removal and replacement, application of preservative seals, slurry seal, micro surfacing, pavement overlay, hot in-place recycling, pavement markings, and other maintenance related items as needed by the Maricopa County Department of Transportation to maintain, improve and preserve county roadways. Cactus Transport Inc Dba: Cactus Asphalt M.R. Tanner Construction, LLC Nesbitt Contracting Co. Inc Southwest Slurry Seal LLC S & S Paving & Construction Sunland Asphalt & Construction LLC Dba: Sunland Asphalt Talis Construction Corporation ViaSun Corporation VSS International Inc Weems Asphalt LLC (C-73-23-034-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 51. 230025-RFP, TEMPORARY MEDICAL PERSONNEL Approve the contract for award at an estimate of $15,300,000.00 over three years until November 30, 2025 with three year renewal options. The effective date of the contract will be November 16, 2022. The purpose of the contract is to provide to Maricopa County Correctional Health Services qualified Temporary Medical Personnel (TMP) to provide professional health care services to incarcerated patients on an as needed basis at nine clinic locations across six different jails. 22nd Century Technologies Inc Acadia Workforce, Inc dba Nursing Group AnyPlace Management and Diagnostics Inc. dba Anyplace MD, Inc BuzzClan LLC Cell Staff, LLC Compunnel Software Group, Inc Compu-Vision Consulting, Inc. Concentric Healthcare Cross Country Staffing Inc dba Medical Staffing Network Delta T Group Phoenix Inc Diskriter, Inc DRWantedcom LLC Health Advocates Network, Inc. dba Staff Today Jackson & Coker Locum Tenens, LLC LanceSoft, Inc. LocumTenens.com LLC Medical Staffing Services, Inc. dba Equiliem Healthcare Formal Meeting Minutes 11/16/2022 Page 35 of 56 Syra Health Corp Tryfacta Inc ZenTech Consulting LLC (C-73-23-043-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 52. 230034-ITN, RECYCLING SERVICES Approve the contract for award at an estimate of $100,000.00 over two years until November 30, 2024 with four one-year renewal options. The effective date of the contract will be December 1, 2022. The purpose of the contract is to provide to Maricopa County Recycling department a list of qualified vendors for recycling services needed for office paper, cardboard, comingled office recycling, appliances, automotive materials, lighting ballasts, batteries, cloth, computer equipment, electronics, foam, furniture, ink and toner, lamps, paper products, plastic, scrap metal, styrofoam, wood pallets, writing instruments, and other products as determined. Jose Angel Recycling Westech Recyclers (C-73-23-041-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Public Health - Salud Pública 53. PURCHASE ORDER TO IGA WITH ARZONA DEPARTMENT OF HEALTH SERVICES FOR EGISP-A CLINICAL SURVEILLANCE AND TESTING PROJECT Approve a retroactive Purchase Order (PO) for Intergovernmental Agreement (IGA) Contract No. CTR045915 between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health. The goal of eGISP (Enhanced Gonococcal Isolate Surveillance Project) is to monitor antimicrobial susceptibility trends in the US by performing resistance testing on a sample of men and women. The PO is in the not-to-exceed amount of $52,848.00 for the budget period August 1, 2022, through July 31, 2023. This is year three (3) of the contract term and it goes through July 31, 2024. The term of the Contract shall not exceed five (5) years, terminating July 31, 2024, and it is not certain whether it will reoccur. The award was non-competitive and there is no cash or in-kind match required. This is a mandated function; should this grant be discontinued ongoing cash contributions may be required. The Department of Public Health indirect rate for FY2023 is 17.24%. The full indirect costs are estimated at $7,771.23 all of which is recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Program costs not covered by the grant will be subsidized by the MCDPH indirect cost pool. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation.(C-86-20-013-3-03) Formal Meeting Minutes 11/16/2022 Page 36 of 56 Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 54. PURCHASE ORDER FOR IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR DENTAL SEALANT SERVICES PROGRAM Approve a retroactive Purchase Order (PO) No. PO0000457744-1 for Intergovernmental Agreement (IGA) No. ADHS037987 between Arizona Department of Health Services (ADHS) and Maricopa County through its Department of Public Health (MCDPH), Office of Oral Health (OOH). This PO0000457744-1 replaces PO0000457744. Moreover, PO0000457744 was never presented to the Board for an approval. Funding amount for the budget period of July 1, 2022, through December 31, 2022 is $74,700.00. The Silver Diamine Fluoride services is no longer provided. The term of the contract started on July 1, 2022, through December 31, 2022. MCDPH’s indirect rate for FY23 is 17.24%. Indirect costs are estimated at $10,984.54 all of which is recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and future indirect costs will be collected at the corresponding rate. (C-86-18-060-3-16) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 55. PARTNERSHIP AGREEMENT WITH PEORIA UNIFIED SCHOOL DISTRICT FOR IMMUNIZATION PROGRAM Approve the Partnership Agreement (PA) between Maricopa County, by and through the Department of Public Health (MCDPH) and partner School District, Peoria Unified School District (PUSD). This Agreement will become effective at Board Approval for both parties for the period of August 1, 2022, through May 31, 2023. This PA shall automatically renew annually with written confirmation by both parties and either party may terminate at any time. This PA is non-financial. The purpose of this Agreement is to develop a framework of cooperation between MCDPH and PUSD to provide childhood and the seasonal influenza vaccines to students who are uninsured, insured and the seasonal influenza vaccine for adult who are uninsured and insured. (C-86-23-066-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 56. OPIOID SETTLEMENT FUND EXPENDITURE APPROVAL Approve the use of Public Health Opioid Settlement Funds by Correctional Health Services. The total not-to-exceed amount of $1,500,000 will be used to support the Substance Misuse Treatment Program in the following manner: 1. Offer buprenorphine initiation and maintenance treatment to patients with Opioid Use Disorder and provide a bridge supply upon patient release. a. Sublocade – REMS drug, must tolerate 7 days 8-24mg sublingual Subutex first. i. ~1600/month/patient, 3/1/2022 – 9/21/2022 there were a total of 2,424 orders for 607 distinct patients. 2. Staff for substance misuse treatment program. a. Addictionologists/MRT Psychiatrist Formal Meeting Minutes 11/16/2022 Page 37 of 56 i. Leaders of the Addictions teams; one for each end of the week; provide direct services. b. Midlevel Providers/ MRT Nurse Practitioner i. Each provider can oversee 100 patients; can be regular providers working under supervision of the Addictionologists; work out of ITR seeing patients identified with substance abuse disorders but will also go to other jails for follow ups as indicated. (C-86-23-067-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 57. PH RFP 230062 CONTRACTS FOR COMMUNITY OUTREACH ENGAGEMENT FOR UNDERSERVED POPULATIONS Pursuant to MC1-329 of the Maricopa County Procurement Code, authorize the Chairman of the Board of Supervisors to execute one or more Public Health Request for Proposal (PH RFP) contracts, in a form approved by the County Attorney’s Office, to one or more successful bidders in response to PH RFP 230062, Community Outreach and Engagement for Underserved Populations. The awarded contracts aim to address health disparities that were either created or worsened by the COVID-19 pandemic. Successful respondents will be awarded funds to be used to purchase supplies and materials to expand/implement outreach and engagement strategies intended to impact physical and/or mental health in under served communities within Maricopa County. The RFP was released on October 13, 2022, and responses are due by 2:00 pm on November 1, 2022. A Public Health Evaluation Committee will review all responses received utilizing evaluation criteria included in the RFP and select those most advantageous to Maricopa County. The anticipated amount to be distributed among all selected Contractors is $1,000,000. Initial contracts will be for a four-month period beginning December 1, 2022, and ending March 31, 2023. If additional funds become available, awards resulting from this solicitation may be amended and/or extended based on the need for continuous services as well as satisfactory Contractor performance. These agreements will be funded by the COVID-19 Health Improvement Plan - Disparities Grant. Should the funding source cease and alternate funding not be available, Section 4.2 of the RFP, Availability of Funds, will apply allowing for a change or termination of the agreement. (C-23-13-54-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 58. PH RFP 230064 CONTRACTS FOR COMMUNITY ADVISORY BOARDS FOR HEALTH IMPROVEMENT PLANNING Pursuant to MC1-329 of the Maricopa County Procurement Code, authorize the Chairman of the Board of Supervisors to execute one or more Public Health Request for Proposal (PH RFP) contracts, in a form approved by the County Attorney’s Office, to one or more successful bidders in response to PH RFP 230064, Community Advisory Boards for Regional Health Improvement Planning. The awarded contracts aim to address health disparities that were either created or worsened by the COVID-19 pandemic. Contracts will be issued to multiple community-based agencies to attend and actively participate in Maricopa County’s existing Community Advisory Boards (CAB) for the purpose of helping to create a Regional Health Improvement Plan. These additional agencies are needed in order to represent certain populations that were identified as being under-represented in the existing CABs. Formal Meeting Minutes 11/16/2022 Page 38 of 56 The RFP was released on October 15, 2022, and responses are due by 2:00 pm on November 8, 2022. A Public Health Evaluation Committee will review all responses received utilizing evaluation criteria included in the RFP and select those most advantageous to Maricopa County. Contractors shall be paid $1,000 per month (paid out as $3,000 per quarter) for their active participation in the CAB and fulfillment of all expectations as listed in the Scope of Work. The total number of awarded contracts will be dependent on the number of responses received, the populations and communities proposed, and the results of the evaluation committee. It is anticipated that the maximum amount to be spent on all awarded contracts shall not exceed $1,000,000 and contracts shall begin January 1, 2023 and run through May 31, 2024. If additional funds become available, awards resulting from this solicitation may be amended and/or extended based on the need for continuous services as well as satisfactory Contractor performance. These agreements will be funded by the COVID-19 Health Improvement Plan - Disparities Grant. Should the funding source cease and alternate funding not be available, Section 4.2 of the RFP, Availability of Funds, will apply allowing for a change or termination of the agreement. (C-23-13-55-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Real Estate - Bienes Raíces 59. AGREEMENT AND SITE-SPECIFIC SUPPLEMENTAL AGREEMENT WITH AMERICAN MEDICAL RESPONSE OF MARICOPA, LLC Approve and execute an Agreement and a Site-Specific Supplemental Agreement with American Medical Response of Maricopa, LLC (“AMR”) for the co-location of the radio communications equipment. The Site-Specific Supplemental Agreement is related to the County-owned Thompson-Peak Radio Tower Site. The radio communication site is in Supervisorial District 2 (C-78-23-028-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Transportation - Transportación 60. AGREEMENT WITH RECREATION CENTERS OF SUN CITY WEST, INC. FOR SUPPORT SERVICES Approve the Agreement between Maricopa County and Recreation Centers of Sun City West, Inc. detailing services provided by each party within Maricopa County right-of-way. This Agreement formalizes the partnership between Maricopa County and the Recreation Centers of Sun City West, Inc. Under the Agreement, the parties will coordinate the services provided within Maricopa County right-of-way, including developing an annual work plan detailing expected projects for each upcoming fiscal year for planning and budgeting purposes. Supervisory District No. 4 (C-64-23-151-X-00) Formal Meeting Minutes 11/16/2022 Page 39 of 56 Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 61. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements, right-of-way documents, and relocation assistance for highway and public purposes as authorized by road file resolutions or previous Board of Supervisors’ action. A. Dove Valley Road from 163rd Ave to 171st Ave - SO Item #: D24176 – Project #: TT0611 – State of Arizona A1. Right of Way (C-78-23-026-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 62. SOLAR POWER ELECTRICAL SYSTEM AGREEMENT WITH SUN STREAMS PVS, LLC Approve the Solar License for private solar companies to place facilities within the public Right-of-Way delivering solar energy to Public Service entities that provide power to the residents of Maricopa County. The Solar Applicant has provided proof that they are able to conduct business in the State of Arizona, and the signatory of the license has the legal authority to enter the Company into this agreement. Supporting documentation has been verified by the Maricopa County Attorney’s Office. This location is in Supervisory District No. 4. (C-06-23-352-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ ~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix, amenos que de otromodo notado~ Clerk of the Board Setting of Hearings - Configuración de Audiencias de la Secretaria de la Junta 63. SETTING OF HEARING FOR THE SUBMITTED PETITIONS TO FORM JANET ROSE IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-3423, set a hearing date to accept the petitions filed for the formation of the proposed Janet Rose Irrigation Water Delivery District as they have been determined to be signed by a majority of the owners of acreage within the proposed boundaries of the district. The hearing is set for Wednesday, December 7, 2022 at 9:30 a.m. The Board will order the Clerk of the Board to publish the petitions and the notice of hearing twice in a newspaper, the last not being less than 10 days before the hearing and post five Formal Meeting Minutes 11/16/2022 Page 40 of 56 (5) copies of the petitions and notice within the proposed district boundaries in conspicuous places within the proposed district boundaries described as: The South 200 feet of the North 397 feet of Lot 17, ORANGE HEIGHTS, a Subdivision of the South Half, of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 5 of Maps, Page 2; TOGETHER WITH The North 152 feet of the East 311.57 feet of the South Half of Lot 19, ORANGE HEIGHTS, a Subdivision of the South Half, of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 5 of Maps, Page 2; TOGETHER WITH The North 217.50 feet of the South 453 feet of Lot 23, ORANGE HEIGHTS, a Subdivision of the South Half, of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 5 of Maps, Page 2; EXCEPT the West 152 feet thereof. TOGETHER WITH Lot 24, ORANGE HEIGHTS, a Subdivision of the South Half, of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 5 of Maps, Page 2; TOGETHER WITH Lots 1 through 16 of ROSE GARDENS UNIT TWO, a Subdivision of the Southeast Quarter of the Southeast Quarter, of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 69 of Maps, Page 29; TOGETHER WITH Lots 1 through 12 of ROSE GARDENS UNIT THREE, a Subdivision of the Southeast Quarter of the Southeast Quarter, of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 69 of Maps, Page 45; TOGETHER WITH Lots 1 through 16 of JANET MANOR, a Subdivision of the Southeast Quarter, of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 70 of Maps, Page 35; TOGETHER WITH Lots 1 through 14 of ROSE LANE ESTATES, a Subdivision of the South Half, of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 68 of Maps, Page 43; TOGETHER WITH Lots 1 through 7 of ROSE LANE MANOR, a Subdivision of the Southeast Quarter, of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according Formal Meeting Minutes 11/16/2022 Page 41 of 56 to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 74 of Maps, Page 33; TOGETHER WITH That portion of abandoned alley as described per Docket 11701, Page 147, and Docket 12093, Page 1383. TOGETHER WITH Lots 1 through 3 of SERRANO PARK, a Subdivision of the Southeast Quarter, of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 227 of Maps, Page 7. Supervisorial District 3 (C-06-23-354-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Planning and Development Setting of Hearings - Configuración De Audiencias de Planificación y Desarrollo 64. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the December 7, 2022 Board Hearing: Z2021162 – Brown Family Project – ZC with Overlay – Dist. 1 CPA2022009 – Hyder Energy Center Project – Major CPA – Dist. 5 CPA2022010 – Harquahala Sun III – Major CPA – Dist. 5 Z2022141 – Cowboy Mounted Shooting Training with Half Loads – SUP – Dist. 5 Z2022100 – Black Rock Coffee – ZC – Dist. 3 Z2020011 – Eagletail Airstrip – Mod. of Conditions – Dist. 5 (C-44-23-109-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Transportation Setting of Hearings - Configuración De Audiencias de Transportación 65. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0215 Set a hearing for January 25, 2023 for Road File No. PAB-0215 to consider the request to abandon a portion of a Federal Patent Easement Number #1194926 lying in the #1194926 lying in the Southwest quarter of Section 09 – T4N, R1E of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in the general vicinity of Mariposa Grande and 97th Avenue and known as Assessor Parcel Number 201-16-016F. Supervisory District No. 4 (C-64-23-149-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Formal Meeting Minutes 11/16/2022 Page 42 of 56 66. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0214 Set a hearing for January 25, 2023 for Road File No. PAB-0214 to consider the request to abandon a portion of a Federal Patent Easement Number #1198279 lying in the Northwest quarter of Section 7 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in the general vicinity of Hatfield Road and 114th Avenue and known as Assessor Parcel Number 201-22-028E. Supervisory District No. 4 (C-64-23-150-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board Consent Agenda - Secretaria de la Junta Agenda de Consienta 67. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF DIRECTORS FOR ELECTRICAL DISTRICT NO. 8 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Electrical District No. 8: 1. Cancel the election scheduled to be held on January 7, 2023. 2. Appoint Billy Hickman, F. Ronald Raynor, and Greg Pierce as Directors to fill the expired terms. The appointed Trustees shall serve a two-year term effective January 7, 2023 through January 6, 2026, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial District 4). (C-06-23-324-X-00) Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 68. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF TRUSTEES FOR BROADLAND RANCHES GREENFIELD IWDD NO. 39 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Broadland Ranches Greenfield IWDD No. 39: 1. Cancel the election scheduled to be held on November 16, 2022. 2. Appoint Garry Johnson, Tim Ravine, and David Rodriguez to fill the expired terms. The appointed Trustees shall serve a two-year term effective January 1, 2023 through December 31, 2024, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial District 1). (C-06-23-348-X-00) Formal Meeting Minutes 11/16/2022 Page 43 of 56 Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 69. DUPLICATE WARRANTS Pursuant to A.R.S § 11-632, approve and ratify the issuance of duplicate warrants to replace county warrants and school warrants which were either lost or stolen. Necessary affidavits have been filed with the Board. (C-06-23-322-X-00) Name Warrant No Amount Dept/School Jeremy Fielder 3700486539 1,475.98 Avondale Elementary Dist. #44 Cheryl Jean Quitoriano 3700582271 325.98 Queen Creek Dist. #95 Cheryl Jean Quitoriano 3700586497 325.98 Queen Creek Dist. #95 Alexus Dibrell 3700486537 1,909.81 Avondale Elementary Dist. #44 Tiger Mtn Foundation 3010108805 650.00 Environmental Services BMD Printing and Business Services 3700566252 3,261.39 Saddle Mountain Dist. #90 Nayda Lopez 3010116146 4,550.00 Human Services Ironwood Estates Apartments 3010125538 4,963.32Human Services Jessica Padilla 3700486565 738.05 Avondale Elementary Dist. #44 Mary J Morganthal 3700583928 3,172.50 Balsz Elementary Dist. #31 AZ Secretary of State HAVA Division 3010123767 43.00 Human Services Clarke Location Service LLC 3010126584 7,052.84 Human Services Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 70. STALE DATED WARRANTS Pursuant to A.R.S. §11-644 the Board of Supervisors finds that claims presented, are legitimate and that claimants have demonstrated good and sufficient reason for failure to present the original check or warrant within the allotted time. Accordingly, the claims are allowed. (C-06-23-321-X-00) Name Warrant No Amount Dept/School Old Republic Title Company 931256 1,439.45 Treasurer Old Republic Title Company 928697 613.97 Treasurer Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 71. MARICOPA COUNTY HEAD START PROGRAM SEPTEMBER 2022 REPORT Receive the Head Start report for September 2022 submitted by the Human Services Department. (C-22-23-042-X-00) Report includes information on: • Program Enrollment • Number of Children Served with Disabilities • Program Eligible Children on Waitlist Formal Meeting Minutes 11/16/2022 Page 44 of 56 • Funding Amount and Expenditures • Parent Education & Volunteer Hours Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 72. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meeting held on April 1, 2021; April 13, 2021; September 9, 2021; January 5, 2022; January 10, 2022; January 12, 2022; June 20, 2022; July 25, 2022; September 12, 2022; October 13, 2022. (C-06-23-320-X-00) Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 73. SECURED/UNSECURED TAX ROLL CORRECTIONS Pursuant to A.R.S. §§42-15155, 16002, 16215, 16258, and 19118, approve requests from the Assessor for corrections of the Secured Tax Rolls Resolutions, as attached and on file in the Clerk of the Board's office in accordance with LAPR retention guidelines. This reflects actual tax dollar corrections to the County tax rolls due to administrative corrections of the Assessor and as a result of property tax appeals. (C-06-23-329-X-00) Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 74. DONATIONS PARKS AND RECREATION In accordance with County Policy A2508, accept the monthly donation report received from Parks and Recreation for October 2022, for Cash Value of $1,306.83. (C-06-23-345-X-00) Motion to approve by Supervisor Clint Hickman, seconded by Supervisor Steve Gallardo Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo BOARD OF SUPERVISORS ADDENDUM - ADÉNDUM DE LA JUNTA DE SUPERVISORES County Attorney 75. QUARTERLY RICO EXPENDITURE APPLICATION (FY 2023 Q3) Pursuant to A.R.S.§13-2314.03E, approve the County Attorney FY2023 3rd Quarter RICO expenditure application in the total amount of $70,000.00 (State). This item was heard in the executive session on November 14, 2022. (C-19-23-046-X-00) Formal Meeting Minutes 11/16/2022 Page 45 of 56 Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 76. INITIATE LITIGATION REGARDING A PUBLIC RECORDS REQUEST TO THE ATTORNEY GENERAL’S OFFICE Authorize the initiation of litigation regarding a public records request to the Arizona Attorney General's Office. This matter was heard in executive session on Nov. 14, 2022. (C--23-1371-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo MEETING RECESSED Chairman Gates recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Chairman Gates reconvened the Board of Supervisors. CALL TO THE PUBLIC - LLAMADO AL PUBLICO 88. Public comment on matters pertaining to Maricopa County government. Please limit comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board members may not discuss matters raised under this public comment portion of the meeting; however, an individual Board member may respond to criticism made by those who have addressed the Board, ask staff to review an issue raised or may ask that the matter be placed on a future agenda. (Public comment is at the discretion of the Chairman.) If you would like to send a written comment, please send email to agenda.comments@maricopa.gov . Written comments will be summarized at the meeting noting the topic or topics. All written comments will be forwarded to each Board Office for their review. Comentarios del público sobre las materias relacionadas con el gobierno del Condado de Maricopa. Por favor limite sus comentarios a dos minutos. Tenga en cuenta que de conformidad con el Derecho de Reunión Abierta de Arizona, miembros de la Junta no podrán abordar las cuestiones planteadas en esta parte de comentario público de la reunión, sin embargo, un miembro de la Junta individuo puede responder a las críticas de quienes se han ocupado de la Junta, pida al personal para examinar una cuestión planteada o puede pedir que la cuestión se incluya en una agenda de futuro. (Comentario público es a discreción del Presidente.) Si le gustaría mandar sus comentarios por escrito favor de enviarlos por correo electrónico a agenda.comments@maricopa.gov. Comentarios escritos se resumirán en la reunión tomando nota del tema o temas. Todos los comentarios escritos se remitirán a cada Oficina de la Junta para su revisión. Chairman Gates explained the guidelines for Public Comment as directed by the Arizona Revised Statute, reminding the audience that Public Comment is at the Formal Meeting Minutes 11/16/2022 Page 46 of 56 discretion of the Chairman. He said it is important for the Board to hear from the public and so he is making Public Comment available for this meeting. Dianne Barker, resident came forward. Chairman Gates interrupted Ms. Barker to say there was a technical problem and the YouTube feed was lost (10:13 a.m.). There was an informal break in the meeting while the problem was resolved. The pause was approximately 7 minutes. Chairman Gates informed the audience that the YouTube live feed was still down, but the meeting was being recorded. Ms. Barker continued and said she was interested in talking with Jeff Fine, Clerk of the Court. She talked about his service in the military and her father who also served. Ms. Barker said his background lends to a good fit in the courts. She mentioned the Pilot Diversion Program for Opioids that was covered on item 18 of this meeting and said she thought that is a good program. The following speakers came forward to express their opinions and thoughts on the November 8, 2022 Election. Most of the comments were critical of the Board and the Certification of the election considering the equipment problems on Election Day. Many believed Arizona was the “laughingstock” of the Country, that the Board were criminals, and they should hold a new election with one day of voting and no machines to tabulate ballots. Karen Gresham, spoke in favor of the elections and thanked the Board. Ann Wallack, spoke in favor of the elections and said Maricopa County has done a great job with many dedicated election workers. Anita Gregolynsky, poll worker, was critical of the election because she asked questions about ballot harvesting and was instructed not to ask. Betty Daily, poll worker, spoke and was critical of process. Sandy Holler was called on but not present. Scott Miller, poll worker, was critical of the proof of citizenship process. Raquel Cantacessi stated the Board lost credibility when Chairman Gates and Recorder Richer opened a Political Action Committee (PAC) in 2021 to defeat MAGA candidates. John Chadwick spoke critically of the elections and talked about ballot size being a problem and the existence of “Zuckerbucks”. Sheila Roberts, poll worker, spoke critically of the elections due to the lack of transparency. Robert Canterbury, 20-year navy veteran, was critical of the elections and said Arizona was the “laughingstock” after the 2020 elections and still is because nothing was corrected. He announced he would be running to replace District 4, Clint Hickman in 2024. Formal Meeting Minutes 11/16/2022 Page 47 of 56 Martin Quezada, said he has been a candidate for various seats during his political career in Arizona and he believes that while he did not always win, the elections have been administered fairly, efficiently, justly, and professionally. He thanked the Board. Sarah O’Neill, poll worker, spoke about her experience of the seeming discrepancies of ballots from Door #3 and there were 200 extra ballots than voters that checked in. Patricia Meade, poll worker, was critical of elections and thought it curious they ran out of paper and toner in the republican poll centers. She also questioned why the Board got a raise in pay. Chris Hamlet, Air Force veteran and electioneer, he said the election was a fraud and should be redone in one day, paper ballots and count all ballots in one day. Matt Baker, was critical of elections and talked about his dissatisfaction with using Door #3 to put ballots in. Kimberly Burleson was critical of elections and said the technological problems were a result of the people who program the tabulators not a random snafu. Barbara Jennings said she helped in the audit after the 2020 election and said she saw many discrepancies. She was a poll worker in the November 8, 2022 election. Michelle Dillard was critical of elections. She said the Board admitted to gross misconduct during the election and so the results cannot be certified. She disputed the chain of custody with ballots in Door #3. She stated she put in a records request to Elections in June and has not received the records. Jeff Zink, congressional candidate District 3, said certain media outlets have not been granted access. He said exit polls showed 56% of voters exiting were Republican but, in his race, he did not gain any advantage and Republicans did not win in three major races. Jeff Caldwell, Vista Precinct Committeeman Captain, talked about 10’s of thousands disenfranchised voters, reported long wait lines, and problems with checking in and out of vote centers. Kathleen Falcon talked about Arizona always being a red state and now it is not and something is wrong. She said unethical behavior is going on. ~ Supervisor Sellers left the meeting and would not return ~ Thomas Greiner, poll worker for the first time, said the experience was a very positive one and the voters he encountered were pleasant. The wait line reporting feature seemed to work well as he had people show up at his vote center having left a busy one. Catherine Hopkins, election worker in the Recorder’s Office, said she had a positive experience over the past six months working with the elections process and learning how it operates. John Leggat, resident, handed an affidavit to the Clerk for the Board. He expressed concern with the state of our republic. He said he felt betrayed and discouraged by the actions of the elected officials. Formal Meeting Minutes 11/16/2022 Page 48 of 56 Lissette Lent was critical of the elections. She touched on the printer issues and the Door #3 issue. She believed there were thousands of disenfranchised voters. Michael Schafer was critical of elections saying there was a dereliction of duty by the Board, and the voting machines were not accredited. He said there needs to be a nullification, revote and a hand count. Nancy Schriber, Chair of the Maricopa County Democratic Party, spoke in support of the election process. She said as the Chair, she and the Republican Chair were part of the many steps taken to ensure that every vote on every ballot was counted. Ari Bradshaw was critical of the election stating there was voter suppression. He asked about the shift in timeline that Chairman Gates established, why the printers did not work, and he wanted the accreditation of the tabulation equipment made public. Andy Kunasek, spoke in support of the elections saying he believes the election processes that have been developed were fair and accessible to all citizens. He said as a lifelong republican, he was troubled by the sentiment of the opposition that is damaging to our free and democratic republic. Jonah Landry is a first-time voter and feels like his voice is not being heard. He said the equipment problems on election day created long lines and potentially disenfranchised some voters. He proposed a run-off election on December 6 that would not include the equipment. Channa Gonzalez was an election clerk and reported several voters who came to her vote center had been to other vote centers that had equipment problems. She wanted accountability for the problems. Chairman Gates thanked everyone for coming to the meeting today and stated this is what democracy is about. He said the Board would now move on to the next item, Supervisors’ Summary of Current Events. SUMMARY OF CURRENT EVENTS - EL RESUMEN DE TEMAS DE ACTUALIDAD 89. Supervisors'/County Manager's summary of current events - Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Gallardo thanked everyone for coming in and expressing their views on the election. He talked about his 14-year career in the Elections Department and stated he knows the dedication, hard work and long hours of the elections team. The focus was safe, secure elections. He talked about technology and how that has changed the processes. Supervisor Gallardo said it is not legal for the Board to just “nullify the election”, saying it takes 16 Senators and 31 House members to pass a bill. He said the valid concerns need to be brought to the legislature if change is to occur. He thanked the entire elections staff and volunteers who helped provide a safe secure election. Supervisor Galvin thanked everyone for coming to express their feelings and frustrations and thanked the poll workers and volunteers for sharing their firsthand experience. When the Board learned about problems, the election workers got busy rectifying the problem. Supervisor Galvin echoed Supervisor Gallardo’s comment on the legislature being where change will occur. The Board of Supervisors are required to follow state law. If citizens want change in election laws, it starts with the state Formal Meeting Minutes 11/16/2022 Page 49 of 56 legislature where there will be debate and deliberation with a goal of avoiding unintended consequences. Supervisor Hickman said he and the Board endeavor to have open minds and not be defensive. A vital function of democracy is to run an election that is accurate. He stated the Board will not sacrifice accuracy for speed. When asked why we cannot do it like Florida, the answer was simple: their laws are different. Supervisor Hickman thanked everyone who came in today to speak their voice. He said the Board respects the citizens and will investigate the issues that occurred to avoid it happening again. Supervisor Hickman appreciated Chairman Gates’ response when he learned of the printer problem and made a public announcement to let the people know the Board was aware. He commented on the changes in elections that have occurred over the last eight years in response to the citizen’s needs. Registered voters can vote in a variety of ways which includes universal vote centers available across the County. Chairman Gates thanked everyone who came to the meeting today and thanked the election workers for their input. The information provided will be considered as the Board gets ready to Canvass (certify) the election. Chairman Gates said the timing of counting votes is not out of the ordinary, historically, the vote counting takes approximately 12 days and as of today, it has been eight days. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ___________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Amy Loper, Deputy Clerk of the Board Formal Meeting Minutes 11/16/2022 Page 50 of 56 FLOOD CONTROL DISTRICT AGENDA - AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES The Board of Directors for the Flood Control District convened in Formal Session at 9:30 AM on Wednesday, November 16, 2022, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, Director, District 1; Thomas Galvin, Director, District 2; Steve Gallardo, Director, District 5. Also present: Amy Loper, Deputy Clerk; Joy Rich, County Manager; Andrea Cummings, Legal Counsel; Kelly Gardiner, Minutes Coordinator; Mia Vargas, Minutes Coordinator. 77. AMENDMENT TO LICENSE AGREEMENT FOR USE OF REAL PROPERTY AT USERY MOUNTAIN REGIONAL PARK Approve, and execute Amendment 1 to the License Agreement for Use of Real Property between Maricopa County, a political subdivision of the State of Arizona, and the Flood Control District of Maricopa County, a political subdivision of the State of Arizona. This Amendment One shall be effective retroactive as of July 31, 2022. Either party may terminate this Agreement without cause by giving thirty (30) days’ advance written notice to the other of intent to terminate. Supervisory District #4 #2 (C-69-13-014-8-01) Director Hickman noted before the vote that item 77 is in District 2 not in District 4 as noted on the agenda. The correction is indicated with a strike through of the incorrect information and the correct information underlined. Motion to approve by Director Clint Hickman, seconded by Director Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 78. IGA WITH THE TOWN OF FOUNTAIN HILLS FOR THE COURTSIDE VILLA-DEUCE CT. AND PARCEL F: DRAINAGE IMPROVEMENTS PROJECT Approve Intergovernmental Agreement (IGA) FCD 2022A014 for the Courtside Villa-Deuce Ct. and Parcel F Drainage Improvements Project between the Town of Fountain Hills (Town) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $95,000. The District’s estimated share of the Project cost is $71,250 and is limited to $1,000,000; the Town’s estimated share of the Project cost is $23,750. The Town will operate and maintain the completed Project. This Agreement shall become effective as of the date it has been executed by all PROJECT PARTNERS and shall expire two years from that date, or upon Project completion, whichever occurs first. The Town proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2023. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003C (C-69-09-062-6-03). The Project will reduce the flood hazard to a property that has experienced historic flooding. This Agenda Item impacts Supervisorial District 2. (C-69-23-020-X-00) Motion to approve by Director Clint Hickman, seconded by Director Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Formal Meeting Minutes 11/16/2022 Page 51 of 56 79. IGA WITH THE TOWN OF FOUNTAIN HILLS FOR THE GRAND BLVD. AND ROSITA DRIVE DRAINAGE IMPROVEMENTS PROJECT Approve Intergovernmental Agreement (IGA) FCD 2022A013 for the Grand Blvd. and Rosita Drive Drainage Improvements Project between the Town of Fountain Hills (Town) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $290,000. The District’s estimated share of the Project cost is $217,500 and is limited to $500,000; the Town’s estimated share of the Project cost is $72,500. The Town will operate and maintain the completed Project. This Agreement shall become effective as of the date it has been executed by all PROJECT PARTNERS and shall expire two years from that date, or upon Project completion, whichever occurs first. The Town proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2023. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003C (C-69-09-062-6-03). The Project will reduce the flood hazard to a property that has experienced historic flooding. This Agenda Item impacts Supervisorial District 2. (C-69-23-021-X-00) Motion to approve by Director Clint Hickman, seconded by Director Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 80. IGA WITH THE CITY OF LITCHFIELD PARK FOR THE DOWNTOWN STORM DRAIN PROJECT PHASES 4 AND 5 Approve Intergovernmental Agreement (IGA) FCD 2022A012 for the Litchfield Park Downtown Storm Drain Project Phases 4 and 5 (Project) between the City of Litchfield Park (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $5,247,500. The District’s estimated share of the Project cost is $3,410,875 and the City’s estimated share of the Project cost is $1,836,625. This Agreement is for the Construction, Construction Management, and Operation and Maintenance of the Project, and shall become effective as of the date it has been executed by all PROJECT PARTNERS and shall expire ten years from that date, or upon completion of these Project activities, whichever occurs first. This Agenda Item impacts Supervisorial District 4 and 5. (C-69-23-022-X-00) Motion to approve by Director Clint Hickman, seconded by Director Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 81. CHANGE ORDER TO CONTRACT FOR PRE-CONSTRUCTION SERVICES CMAR FOR VINEYARD FRS REHABILITATION PROJECT Approve Change Order No. 6 to Contract FCD 2014C014 for Pre-Construction Services CMAR for Vineyard FRS Rehabilitation Project. Change Order No. 6 for Pre-Construction Services CMAR Contract FCD2014C014 adds funds in the amount of $500,000.00 to the existing contract increasing the value of the contract to $2,250,000.00. The additional funds are required to proceed with developing acceptable filter compaction requirements for District dams that are reasonable and acceptable to the Arizona Department of Water Resources. Part of this funding will also allow the District to potentially use this CMAR for Vineyard FRS Phase 3. Change Order No. 6 will not add additional days to the contract. Contract FCD 2014C014 ends August 30, 2025. Formal Meeting Minutes 11/16/2022 Page 52 of 56 Vineyard Road FRS is one of three earthen FRSs located in northwestern Pinal County, east of the Central Arizona Project (CAP) canal and south of Baseline Road. These three FRSs work as a hydraulically connected system, where the impoundment water from all three FRSs discharges to one outlet, the Powerline Floodway. The Powerline, Vineyard Road, and Rittenhouse FRSs Rehabilitation or Replacement Project was a District sponsored planning study which analyzed alternatives and selected a preferred alternative that would; correct the dam deficiencies, maintain the flood control benefits to downstream properties, and comply with NRCS and state dam safety requirements. The selected alternative for Vineyard Road FRS involves raising and rehabilitating the structure. The raising and rehabilitation of the 5-mile long Vineyard Road FRS involves reconstructing 2 emergency spillway reinforced concrete structures, raising the embankment, constructing a filter for the entire length of the structure, reconstructing the principal outlet, and erosion protection measures. This Agenda Item impacts Supervisorial District 1 & 2. (C-69-15-008-5-02) Motion to approve by Director Clint Hickman, seconded by Director Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 82. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meeting held on January 12, 2022. (C-06-23-325-X-00) Motion to approve by Director Clint Hickman, seconded by Director Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 83. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements and right-of-way acquisition documents, appraisal and relocation assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements, excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood Control purposes A. East Maricopa Floodway Reach 5 - MDH FCD Parcel #: N-2266 – FCD Permit #: 2021P267 – APN: 304-30-026E ptn. – Flood Control District of Maricopa County A1. Non-Exclusive Utility Easement B. Arizona Canal Diversion Channel Reach 2 - MDH FCD Parcel #: T-297-1 and T-298 – FCD Permit #: 2021P316– APN: 149-12-005D and 149- 12-004K ptns. – Flood Control District of Maricopa County B1. Non-Exclusive Utility Easement (C-78-23-027-X-00) Motion to approve by Director Clint Hickman, seconded by Director Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo Formal Meeting Minutes 11/16/2022 Page 53 of 56 MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ___________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Amy Loper, Deputy Clerk of the Board Formal Meeting Minutes 11/16/2022 Page 54 of 56 LIBRARY DISTRICT AGENDA - AGENDA DEL DISTRITO DE BIBLIOTECA The Board of Directors for the Library District convened in Formal Session at 9:30 AM on Wednesday, November 16, 2022, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, Director, District 1; Thomas Galvin, Director, District 2; Steve Gallardo, Director, District 5. Also present: Amy Loper, Deputy Clerk; Joy Rich, County Manager; Andrea Cummings, Legal Counsel; Kelly Gardiner, Minutes Coordinator; Mia Vargas, Minutes Coordinator. 84. DONATIONS TO THE MARICOPA COUNTY LIBRARY DISTRICT FOR THE 2022 SUMMER READING PROGRAM Accept and approve retroactively donations for the Maricopa County Library District 2022 Summer Reading Program with a total non-cash value of $843,184.65 as follows: 26,000 Arizona State Park passes ($182,000.00 value); 2,300 Bahama Bucks kids shaved ice coupons for the Perry, Queen Creek & Southeast Regional library locations ($10,097.00 value); 800 Batch Cookies free cookie coupons for the Southeast Regional library ($2,800 value); 902 Blackbear Diner free kids meal coupons for the Perry & Southeast Regional library locations ($7,216.00 value); 1 Childsplay basket of books & family four pack of tickets ($225.00 value); 65 Childsplay 2-ticket vouchers ($4,550.00 value); 65 Harkins Theatres prize packs – 4 loyalty cups/4 movie tickets/2 popcorns ($4,868.50 value); 1,500 Harkins Theatres loyalty cup coupons for the Queen Creek library750 pe ($11,250.00 value); 100 Hurricane Harbor admission passes ($2,999.00 value); 16 Lego Discovery/Sea Life admission passes ($280.00); 750 Lou Malnati’s personal pan pizza coupons for the Perry, Queen Creek and Southeast Regional library locations ($9,112.50 value); 100 McDonald’s Happy Meal coupons for the Fountain Hills library ($329.00 value); 100 McDonald’s ice cream coupons for the Fountain Hills library ($100.00 value); 50 McDonald’s Happy Meal coupons for the Gila Bend library ($164.50 value); 50 McDonald’s ice cream coupons for the Gila Bend library ($50.00 value); 15,000 Peter Piper Pizza personal pizza coupons ($53,850.00 value); 14,512 Phoenix Mercury admission tickets ($362,800.00 value); 20,000 Raising Canes 32 oz drink coupons ($36,800.00 value); 15,000 Rubios kids meal coupons ($86,400.00 value); 15,000 Rubios chips/guacamole coupons ($61,350.00 value); 935 Sonic of Phoenix small slushie coupons for El Mirage, Hollyhock, Fairway, Sun City, North Valley Regional, Northwest Regional and Asante library locations ($1,206.15 value); 1,300 Whataburger junior burger coupons for the Queen Creek and Southeast Regional library locations ($4,537.00); 8 Super Bowl Host Committee Super Bowl Experience for 2 families of 4 ($200.00 value) (C-65-23-006-X-00) Motion to approve by Director Jack Sellers, seconded by Director Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 85. DONATIONS TO MARICOPA COUNTY LIBRARY DISTRICT In accordance with County Policy A2508, please retroactively accept the monthly donation report received from Library District (MCLD) in the amount of $4,199.02(Non-Cash Value), broken out as follows: $2,398.19 (Non-Cash Value) for August 2022 and $1,800.83 (Non- Cash Value) for September 2022. (C-65-23-007-X-00) Formal Meeting Minutes 11/16/2022 Page 55 of 56 Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo 86. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District meeting held on January 12, 2022 (C-06-23-326-X-00) Motion to approve by Director Jack Sellers, seconded by Director Clint Hickman Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ___________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Amy Loper, Deputy Clerk of the Board Formal Meeting Minutes 11/16/2022 Page 56 of 56 STADIUM DISTRICT AGENDA - AGENDA DEL DISTRITO DE ESTADIO The Board of Directors for the Stadium District convened in Formal Session at 9:30 AM on Wednesday, November 16, 2022, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, Director, District 1; Thomas Galvin, Director, District 2; Steve Gallardo, Director, District 5. Also present: Amy Loper, Official Record Keeper; Joy Rich, County Manager; Andrea Cummings, Legal Counsel; Kelly Gardiner, Minutes Coordinator; Mia Vargas, Minutes Coordinator. 87. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Stadium District meeting held on January 5, 2022. (C-06-23-327-X-00) Motion to approve by Director Steve Gallardo, seconded by Director Thomas Galvin Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ___________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Amy Loper, Official Record Keeper