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Board Members Clint Hickman, Chairman, District 4 Jack Sellers, Vice Chairman, District 1 Steve Chucri, District 2 Bill Gates, District 3 Steve Gallardo, District 5 County Manager Joy Rich "The mission of Maricopa County is to provide Clerk of the Board regional leadership and fiscally responsible, Fran McCarroll necessary public services to its residents so they can enjoy living in healthy and safe Meeting Location communities” 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 or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control District 80 Library District 83 Stadium District 84 Board of Deposit No Meeting Wednesday, September 16, 2020 9:30 AM Formal Meeting Minutes Wednesday, September 16, 2020 Page 2 of 84 BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES ~ Vice Chairman Sellers was Acting Chairman for this meeting in Chairman Hickman’s absence ~ 1. INVOCATION - INVOCACIÓN Vice Chairman Sellers asked Supervisor Gallardo to introduce Francisca Montoya who would offer the invocation telephonically. Supervisor Gallardo welcomed Ms. Montoya, stating they had a longtime friendship and working relationship and she is currently the District 5 appointee to the Planning and Zoning Commission. He said her community involvement over the past 30 years has been invaluable and he thanked her for all the ways she has contributed to the community. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Francisca Montoya led the Pledge of Allegiance to the Flag telephonically. 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, September 16, 2020, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Jack Sellers, Vice Chairman, District 1; Steve Chucri, Supervisor, District 2 (telephonically); Bill Gates, Supervisor, District 3; Steve Gallardo, Supervisor, District 5. Absent: Clint Hickman, Chairman, District 4. Also present: Fran McCarroll, Clerk; Joy Rich, County Manager; Andrea Cummings, Legal Counsel (telephonically); Kelly Gardiner, Minutes Coordinator. 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL - PRESENTACIÓN DE ANIMALES DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Vice Chairman Sellers introduced Maricopa County Animal Care and Control (MCACC) and their Foster Dog and Cat program. There are currently 73 animals being fostered with 41 families. Oakley is a six-year-old male and very active, playful and well behaved. He is always looking for the next adventure whether that is a ride in the car, a run or a swim. Oakley (#A3890361) is looking for a forever home. He is neutered, microchipped and is current on his vaccinations. Please call (602) 560-7387 for more details about Oakley or other animals in the Foster Program. Vice Chairman Sellers asked the Clerk if there were any changes or corrections to the agenda. The Clerk replied there were none. Vice Chairman Sellers stated there were two presentations scheduled for this meeting and they would be heard out of order. The first presentation was from Election’s Directors Scott Jarrett and Rey Valenzuela. ~ Agenda items #24 and #77 were taken out of order and heard sequentially prior to agenda item #5 ~ Formal Meeting Minutes Wednesday, September 16, 2020 Page 3 of 84 24. PRESENTATION AND ADOPTION OF THE ELECTION DAY AND EMERGENCY VOTING PLAN 1) Presentation by Scott Jarrett and Rey Valenzuela of the Board of Supervisors' Election Day and Emergency Voting Plan and the Recorder's Early Voting Election Plan for the November 2020 General Election. 2) Adopt the Board of Supervisors' Election Day and Emergency Voting Plan for the November 2020 General Election. (C-21-21-007-X-00) Scott Jarrett, Director of Election Day and Emergency Voting and Rey Valenzuela, Elections Director presented an update for the upcoming November General Election. Mr. Jarrett stated that part of the planning strategy is looking back in the election cycle to see what worked and look for ways to improve. He said that four elections have been conducted in Maricopa County since the pandemic began and with each election, there have been lessons learned which enable the Elections Department to refine the process. The staff input is considered as well as information from other jurisdictions. Formal Meeting Minutes Wednesday, September 16, 2020 Page 4 of 84 Mr. Jarrett said only a few jurisdictions have held elections during the current pandemic. He reviewed the above slide and highlighted the challenges and the strategies being implemented. Mr. Jarrett stated the staff is prepared and confident but recognize there will be challenges that arise as Election Day draws near and the ongoing collaboration with the various communities is important. Challenges include adequate number of polling places, poll workers and voter safety. Mr. Jarrett reviewed the slide on forecasting turnout. The considerations are noted, and he said the emphasis is having the resources ready to handle the maximum number of voters in Early Voting and In-Person Voting on election day. Historically the trend has been toward early voting. He said this data is important when planning for this General Election. Formal Meeting Minutes Wednesday, September 16, 2020 Page 5 of 84 Mr. Jarrett reviewed the above slide, “November Turnout Projections.” The projections are a compilation of data points that include historic data from previous elections, specific ballot content, increases in voter registration and requests for Permanent Early Voter List (PEVL). All of these factors influence the data analysis. The added concerns around COVID-19 make it more difficult to project both turn-out and potential problems. The Elections Department relies on the data analysis for guidance. These projections are generated to make sure adequate resources are available for this election. Supervisor Gates asked about PEVL voters who take their ballot to the polling location on election day and how those voters impact election day turnout. Mr. Jarrett said those voters would be able to drop their ballot into a secure drop box and not have to stand in line or go into the polling place. The PEVL and early-drop-off-individuals are not part of the Election Day Polling numbers, but are estimated to be 300,000 - 400,000 people. He said the Elections Department is continuing to encourage people to drop off their ballot early if possible, to minimize the lines or crowds. Mr. Jarrett introduced Mr. Rey Valenzuela who would present the next set of slides. Formal Meeting Minutes Wednesday, September 16, 2020 Page 6 of 84 Mr. Valenzuela reviewed the slide, “Voter Registration & PEVL.” He said there are daily updates regarding the early voting registration numbers and the PEVL Voters. The increases seen indicate that the messaging to the public is being received and there have been 17,000 voters added in the last few days. Mr. Valenzuela reviewed the “Early Voting” slide and addressed the concerns about returning the ballot by mail. He said the post office is prepared to handle the increased volume of mail and the public can track their ballot, giving them some assurance that their vote is counted. The last day to request a ballot was Friday October 23, 2020. Mr. Valenzuela stated the importance of getting the ballot in the mail by October 27, 2020, which is seven days ahead of election day. “ A Safe, secure, and transparent election” is the goal. The consistent message to the public has been to encourage ballot drop off and avoid election day lines. Formal Meeting Minutes Wednesday, September 16, 2020 Page 7 of 84 Vice Chairman Sellers asked how it is determined who receives the mailer to register for PEVL. Mr. Valenzuela said registered voters not on the PEVL are sent mailers. He added there are 3rd party solicitors sending out registration forms. Mr. Valenzuela cautioned voters regarding unauthorized Elections envelopes. If it is not from Maricopa County Elections, he said people should not fill it out or mail it to the sender. Mr. Valenzuela reviewed the next slide, “Ballot by Mail.” The security of elections is outlined in the five items listed on the slide. BeBallotReady.Vote gives the voter the ability to review their information and ballot status. Signature Verification is secure and if there is a question as to the validity of the signature, the Elections Department will call the voter on the phone. Supervisor Chucri asked two questions: Approximately how long would it take to signature validate and tabulate the drop-off ballots if there were 300,000 ballots. Mr. Valenzuela used an example saying the signature validating of 500,000 ballots can be done in approximately 24 hours. If there is a question about the validity of a signature, a phone call is made to the voter and the voter will have 5 business days to come in to substantiate (cure) the ballot. The same 5-day cure period applies to those who did not provide proof of identity at the polls. The second question asked was if a PEVL ballot is presented at the polling place, is a new ballot issued to the voter? Mr. Valenzuela said the voter registration data base and associated Site books were created in-house and they provide real-time data. He said the system knows how many ballots have been issued to a voter and will only accept one. A new ballot cannot be issued unless the previous ballots are voided. Mr. Jarrett stated a PEVL ballot cannot be tabulated at the Vote Centers as those tabulation machines will not tabulate an early ballot, therefore, a new ballot would be generated to replace the PEVL ballot presented. Formal Meeting Minutes Wednesday, September 16, 2020 Page 8 of 84 The slide, “In-Person Voting Options,” was reviewed by Mr. Jarrett. He explained the variety of options for voters who want to vote in-person on election day or vote early at one of the Vote Centers according to the phased opening days, allowing for increased efficiencies. The Vote Anywhere model creates the most flexibility, so voters have options. Mr. Jarrett reviewed the slide, Strategies to Improve Access. He detailed the increased number of Vote In-Person locations. Partnering with retail shopping spaces and sports arenas has been a benefit for all. Supervisor Chucri asked about security of drop boxes. Mr. Jarrett reviewed the three different types of drop boxes as outlined above and the procedures to keep the ballots secure until they arrive at the Elections Department. Boxes in government buildings are monitored during the day and bipartisan teams/couriers pick up and transport the contents at the end of each day. He Formal Meeting Minutes Wednesday, September 16, 2020 Page 9 of 84 said strict protocols are adhered to ensuring the bins and contents are not tampered with. Drive through drop boxes will always be manned. The ballots will be transported by bi-partisan teams at the end of each shift with the same level of security as mentioned above. The goal is to make it easy and secure for election day. All Vote Centers have a drop box. Drop boxes will stand alone and have hours of operations. The transport protocols apply to these drop boxes also. Supervisor Gates asked how many boxes there will be. Mr. Jarrett said there will be two boxes at each location and each box holds approximately 1000 ballots. He assured Supervisor Gates there would be teams available to pick up full boxes and deliver an empty one if necessary. Mr. Jarrett reviewed the slide, “Vote Center Location Information.” He said the designated webpage listed on the screen is for the public to use to find the nearest location or to check wait times by zip code. Voters can also call Elections/Star Call Center to check wait times for any Vote Center. Supervisor Gates asked about other options for spreading the word on social media or digital billboards. Mr. Jarrett said the Elections Communication staff have a plan in place to transmit wait times on social media if the wait time exceeds 30 minutes. Mr. Jarrett said there are strategies in place to keep lines under 30 minutes. Formal Meeting Minutes Wednesday, September 16, 2020 Page 10 of 84 Mr. Jarrett reviewed the next slide, “Informing Voters.” Timed strategies for keeping the voters informed was the emphasis. “Three Phased Media Campaign” shows the variety of strategies to be used to keep the public informed. He said the customized dashboard, BeBallotReady.Vote is the best for voter information. The “Implementing Safety Protocols” slide was reviewed by Mr. Jarrett who stated they are teaming up with Public Health for CDC guidance and implementation of safety protocols. There will be 300 temporary staff brought in to assist in the election as safety is a top priority. Formal Meeting Minutes Wednesday, September 16, 2020 Page 11 of 84 Mr. Jarrett reviewed the above slide, “Tabulation & Reporting.” The new tabulation system improvements include ballot style and speed of counting ballots. Along with the increased speed of 6000-8000 per hour counting, the memory is not limited to six hours a day as with the previous system. An additional development for elections is the Legislature has passed a bill, allowing ballot tabulation to start 14 days ahead of the November 4 election. By encouraging voters to vote their ballot early, the elections department can begin counting and the results will be available sooner. The goal is to release an elections results statement to the press every day after election day at 7:00pm. The final deadline for curing ballot signature issues comes five business days following the election. This allows for provisional ballots to be confirmed and the cure period for voters to confirm their signature if necessary. Mr. Jarrett reviewed slide 13, “Collaborating with Partners.” He said there has been so much support from volunteers, employees, and the community. He emphasized the New Formal Meeting Minutes Wednesday, September 16, 2020 Page 12 of 84 Partners who have offered Vote Centers or Drive-By drop box locations. Mr. Jarrett expressed his appreciation for the many contributors to this election process. Supervisor Gates asked about Electioneering at the Drop Boxes. Mr. Jarrett said there are no Electioneering regulations at the drop box locations because no “voting” is taking place. The only regulation would be that those locations do not have any activity impede the drop off process. He referred to a “Safety Zone” where political observers or media could congregate. Mr. Jarrett reviewed the slide. “Key Dates.” He clarified all early ballots go out in the mail on October 7 and amail-ballot can be requested as late as October 23 and the ballot will go out in the mail. Supervisor Gallardo said this is the most comprehensive Election Plan he has ever seen. He mentioned the Electioneering as being an important issue and does not want to impede the voter’s ability to vote. Supervisor Gallardo talked about the signature verification issue and reminded the Elections Department to be diligent with signature verification so that every vote that is cast, is counted. He spoke about the sports arenas who have stepped up and offered those resources. Supervisor Gallardo acknowledged there will be lines on election day and asked if there will be line Marshalls. Mr. Jarrett said there will be Marshalls to monitor the lines. Mr. Jarrett said the media campaign being sponsored in part by CARES Act funding also helps to keep the public up-to-date on the elections process. Supervisor Gallardo said it is important to keep the public informed on the results after the polls close and using the media with frequent updates is great. Formal Meeting Minutes Wednesday, September 16, 2020 Page 13 of 84 Vice Chairman Sellers thanked Mr. Jarrett and Mr. Valenzuela for their presentation. Motion to adopt the Board of Supervisors' Election Day and Emergency Voting Plan for the November 2020 General Election by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 77. APPROVE THE FOLLOWING CHANGES TO THE CARES ACT BUDGET 1. Add $40,000,000 to the “Supporting Small Businesses” budget to allow for expansion of the existing small business program. 2. Add $6,250,000 to the “Homelessness Response and Prevention” budget to allow for expansion of the existing rental assistance program. 3. Add $5,000,000 to the “Providing Essential Health and Emergency Response” budget for the schools support program. 4. Reduce the “Making County Services and Workspaces Safe” budget by $30,000,000. 5. Reduce the “Ongoing Emergency Preparedness and Response” line within the “Providing Essential Health and Emergency Response” budget by $21,250,000. 6. Allocate $6,000,000 in the “Supporting Individuals and Families” budget to a new utility assistance program. 7. Allocate $3,000,000 in the “Supporting Individuals and Families” budget to a new foodbank support program. (C-06-21-174-X-00) Formal Meeting Minutes Wednesday, September 16, 2020 Page 14 of 84 Vice Chairman Sellers introduced Lee Ann Bohn, Assistant County Manager who presented the CARES Act Budget revisions. The “Current CARES Allocation” slide was reviewed by Ms. Bohn. She stated there will be some new and expanded programs and Human Services will be making some recommendations. The five categories and current budget for each is listed here. She said the recommendations in each of these will be shared later in the presentation. Ms. Bohn reviewed the “Small Business Program Expansion” slide. She said there were some recommendations because the initial $23 million was nearly expended. Human Services consulted Arizona Community Foundation to get a recommendation on how to support more businesses. Ms. Bohn said there was a need to change the requirement which stated that businesses receiving benefits from one source could not receive benefits from another. It was determined that the different sources of financial assistance supported different aspects of the business: for example – Payroll Protection vs Formal Meeting Minutes Wednesday, September 16, 2020 Page 15 of 84 Operational Funding. Another change that was approved by the Board was to extend the limit of funds received from $10,000 to $25,000. These changes resulted in expending the $23 million, so the request is for $40 million in additional funding and to extend the deadline to the end of October. Vice Chairman Sellers asked how the newer businesses would be handled whose start date in early 2019 or 2020 would not have a year-over-year revenue comparison. Ms. Bohn said the current requirement is “to be in business prior to January 1, 2019.” She said they are looking at programs to help those businesses that do not fall in that timeframe and help them with unmet expenses. Ms. Bohn said the Board allocated $5 million in the last budget revision for Non-Profit Assistance. She introduced Bruce Liggett, Human Services Director to review the above slide. Mr. Liggett spoke about the scope of this program which is, providing basic services. These services include employment assistance, clothing, shelter, hot meals, and transportation. Formal Meeting Minutes Wednesday, September 16, 2020 Page 16 of 84 Ms. Bohn reviewed the above slide, “School Support-Tackling the Digital Divide.” She said the Board previously allocated $20 million to this effort. She said the need and numbers in this category are diverse and Human Services is requesting an additional $5 million. Human Services is working with partners to develop a strategy to deploy technology including laptops and hotspots to those students and families in need. Supervisor Gallardo asked about a “tiered system” where those most in need get assistance first. Ms. Bohn said this approach is insightful and needs to be considered as well as the districts in remote regions where internet access is even more of a challenge. Mr. Liggett talked about the two programs related to homelessness. The first being “Rental Assistance Expansion.” The Board previously allocated $30 million to the program and so far they have been able to assist 1200 households. A number have already received the assistance, and many are in the processing queue for payment. He said there are areas in the County that did not have access to Rental Assistance Formal Meeting Minutes Wednesday, September 16, 2020 Page 17 of 84 programs. Mesa is one example and the $6.5 million revision will allow further expansion and serve additional families in need. The second program reviewed by Mr. Liggett was, “Foodbank Assistance Program,” as seen on the above slide. The County has been working with Angie Rodgers, President of the Arizona Food Bank Network (AZFBN). AZFBN is an experienced organization that works closely with foodbanks large and small. Ms. Rodgers is very familiar with all the foodbanks and distribution processes in Maricopa County and is helping to coordinate the effort. This relationship with AZFBN will allow the County to move quickly to serve those in need. Mr. Liggett reviewed the slide, “Utility Assistance Program.” He said the original plan was to bundle rental assistance and utility assistance and to merge the federal funds with County budgeted funds. However, he said that the federal funds were difficult to access and cumbersome to apply for. Therefore, Mr. Liggett is proposing an additional Formal Meeting Minutes Wednesday, September 16, 2020 Page 18 of 84 $6 million of CARES Act Funding to serve a larger audience. Supervisor Gates asked if the Utility Assistance Program would be retroactive. Mr. Liggett said the program will mirror the rental assistance which is retroactive back to March 1, 2020. Ms. Bohn summarized the presentation with this last slide. The column “Recommended Change” shows the reduction from two of the categories and those funds being reallocated to the categories that showed increased need. Supervisor Gallardo talked about the important issue of “food insecurity” and the need for foodbanks. Food insecurity has been an issue for a long time and has been made worse by the pandemic. He expressed his thanks to Ms. Bohn and Mr. Liggett for all the work toward community assistance. Supervisor Gates echoed the previous comments and said all the programs that have been put in place have really made a difference in helping our communities. He emphasized the Boards commitment to help small businesses. Supervisor Chucri expressed his thanks to Ms. Bohn, Mr. Liggett and County Manager, Joy Rich for the tremendous job they have all done. He said the County did not just throw money at the problem but developed a plan based on the need and adjusted that plan as needs changed. Motion to approve the changes to the CARES funding as presented by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 19 of 84 PLANNING AND ZONING HEARINGS - AUDIENCIAS DE PLANIFICACIÓN Y DESARROLLO PLANNING AND ZONING CONSENT HEARINGS - AUDIENCIAS DE CONSIENTA 5. ROSE ESTATES Case #: CPA2019013 Supervisor District: 4 Applicant / Owner: Jordan Rose, Rose Law Group, PC / Larry & Patricia Rose Request: Comprehensive Plan Amendment (CPA) to change the White Tanks/Grand Ave. Area Plan land use designation from Mixed-Use Employment, Open Space, and Small Lot Residential (2-5 du/ac) to Small Lot Residential (2-5 du/ac) and Open Space. CPA approval is by Resolution. Site Location: Northeast corner of the intersection of 115th Ave. (alignment) and Williams Dr. (alignment) in the Peoria area. Commission Recommendation: On 8/6/20, the Commission voted 6-0 to recommend approval of CPA2019013 subject to conditions ‘a’ – ‘d’: a. Development of the site shall be in substantial conformance with the CPA Land Use Exhibit, entitled “Rose Estates”, consisting of one (1) full sized sheet, dated June 2020, and stamped date received on June 10, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the CPA Narrative Report, entitled “Rose Estates”, consisting of 11 pages, dated June 2020, and stamp date received on June 10, 2020, except as modified by the following conditions. c. The total number of residential dwelling units on the site shall not exceed 440. d. 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 uses 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 land use designation 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 change of the land use. The land use enhances the value of the property above its value as of the date the land use change is granted and reverting to the prior land use designation results in the same value of the property as if the land use change had never been granted. This agenda item was continued from the September 2, 2020 Board of Supervisors Formal Meeting. (C-44-21-041-X-00) Formal Meeting Minutes Wednesday, September 16, 2020 Page 20 of 84 RESOLUTION OF AMENDMENT Maricopa County Board of Supervisors Vision 2030, Maricopa County Comprehensive Plan Resolution Amending the Maricopa County Comprehensive Plan – - White Tanks/Grand Avenue Area Plan Case Number: CPA2019013 September 16, 2020 BE IT RESOLVED by the Maricopa County Board of Supervisors as follows: WHEREAS, Maricopa County adopted its Comprehensive Plan and White Tanks/Grand Avenue Area Plan in accordance with Arizona Revised Statutes to help bring about coordinated physical development consistent with the present and future needs of Maricopa County; and WHEREAS, Maricopa County recognizes the importance of having a comprehensive plan amendment process so that this plan can be responsive and flexible to meet the changing conditions of Maricopa County; and WHEREAS, Maricopa County has procedures to determine when comprehensive plan amendments are necessary, how comprehensive plan amendments are processed, and at what point comprehensive plan amendments can be presented at a public hearing by the Board of Supervisors, upon recommendation by the Planning and Zoning Commission; and WHEREAS, Arizona Revised Statutes requires that amendments to the Comprehensive Plan be approved by resolution of the Board of Supervisors; and WHEREAS, the Maricopa County Board of Supervisors has carefully considered this comprehensive plan amendment, has held a public hearing regarding this comprehensive plan amendment, and finds that this comprehensive plan amendment constitutes an overall improvement to the Maricopa County Comprehensive Plan the - White Tanks/Grand Avenue Area Plan, and to Maricopa County in general. NOW, THEREFORE BE IT RESOLVED that the comprehensive plan amendment for case number CPA2019013, is hereby approved this 16th day of September 2020. /s/ Clint Hickman, Chairman /s/ Fran McCarroll, Clerk of the Board /s/ Jennifer Pokorski, Director of Planning and Development Motion to concur with Commission Recommendation for approval by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 21 of 84 6. ROSE ESTATES Case #: Z2019112 Supervisor District: 4 Applicant / Owner: Jordan Rose, Rose Law Group, PC / Larry & Patricia Rose Request: Zone change from Rural-43 to R1-6 RUPD Site Location: Northeast corner of the intersection of 115th Ave. (alignment) and Williams Dr. (alignment) in the Peoria area. Commission Recommendation: On 8/6/20, the Commission voted 6-0 to recommend approval of Z2019112 subject to conditions ‘a’ – ‘j’ with modification to condition ‘c.2’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit, entitled “Rose Estates”, consisting of one (1) full size sheet, dated June 2020, and stamp date received on June 10, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Zone Change Narrative Report, entitled “Rose Estates”, consisting of 10 pages, dated June 2020, and stamp date received on June 10, 2020, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots, drainage design, access, roadway widths and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Any approval and progression in the entitlement process is contingent on progression of MCDOT TIP TT0248 which includes extension of Williams Drive across the Agua Fria River to Deer Valley Road which is intended to provide access to the site. 3. A Traffic Impact Study must be submitted as part of the Preliminary Plat application. 4. Any new development on the subject premises must provide for at least two (2) paved accesses from the site to an improved public roadway. 5. Encroachment into FEMA Zone AE and FW floodplains/floodways is extremely restrictive. The applicant must address development requirements (e.g. CLOMR/LOMR) required to develop the site in the manner proposed as plans progress and are submitted to the County for further review and/or entitlement. 6. The applicant must address how public improvements, residences and other improvements necessary for development of the site (e.g. retention basins) will be protected from scour along the Agua Fria River (33,000 CFS) as development plans progress and are submitted to the County for further review and/or entitlement. A significant portion of the site outside of the regulatory floodplains is contained within a mapped lateral migration erosion zone. 7. Engineering review of re-zone cases are 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; Formal Meeting Minutes Wednesday, September 16, 2020 Page 22 of 84 MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. d. The following R1-6 RUPD standards shall apply: 1. Minimum Front Setback of 10 feet 2. Minimum Rear Setback of 15 feet 3. Minimum Lot Area of 5,175 square feet 4. Minimum Lot Width of 45 feet 5. Maximum Lot Coverage of 55% e. Prior to the approval of any Final Plat, the developer shall obtain a Certificate of 100-Year Assured Water Supply from the Arizona Department of Water Resources. f. Prior to the approval of any Final Plat, the developer shall abandon all Patent Easements on the site. g. All outdoor lighting shall conform to Section 1112 of the Maricopa County Zoning Ordinance. h. 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. i. 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. 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 if 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 never been granted. This agenda item was continued from the September 2, 2020 Board of Supervisors Formal Meeting. (C-44-21-043-X-00) Motion to concur with Commission Recommendation for approval by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 23 of 84 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 7. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR This is the time scheduled 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 the license. a. NEW LICENSE FOR BIG AZ MARKET #5 Pursuant to A.R.S. § 4-201, approve an application filed by Harun Ozcan for a New Series 10 Liquor License for Big AZ Market #5 at 4126 North 411th Avenue, Tonopah, Arizona 85354 (AZ 114615) (Supervisorial District 4) (C-06-21-052-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman b. NEW LICENSE FOR FLYING E SALOON Pursuant to A.R.S. § 4-201, approve an application filed by Opal Irene Brown for a New Series 11 Liquor License for Flying E Saloon at 2801 West Wickenburg Way, Wickenburg, Arizona 85390 (AZ 114604) (Supervisorial District 4) (C-06-21-061-X- 00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman c. SPECIAL EVENT LICENSE FOR ANTHEM ROTARY FOUNDATION / ROTARY CLUB OF ANTHEM Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Jo-Ann M. Greenstein for Anthem Rotary Foundation / Rotary Club of Anthem at 41703 North Gavilan Peak Parkway, Anthem, Arizona 85086 to be held on: Saturday, October 24, 2020 from 10:00 am to 4:00 pm Sunday, October 25, 2020 from 10:00 am to 4:00 pm (Supervisorial District 3) This agenda item was continued from the September 2, 2020 Board of Supervisors Formal Meeting. ITEM HAS BEEN WITHDRAWN BY THE APPLICANT (C-06-21-074-X-00) Item withdrawn by applicant. No action was taken. Formal Meeting Minutes Wednesday, September 16, 2020 Page 24 of 84 8. PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED OCOTILLO ESTATES 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 Ocotillo Estates 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 land owner within the boundaries of the proposed district may appear and object to the organization thereof, or to the inclusion of the land owners 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 October 6, 2020, 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: Lea Ann Hildebrandt Daniel Lonetti Steve Zeidman The legal description of the proposed irrigation water delivery district is as follows: The North Half of the South Half of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; TOGETHER WITH The East Half of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; TOGETHER WITH The East Half of the West Half of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; TOGETHER WITH The North Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; TOGETHER WITH The East 308 feet of the North Half of the South Half of the North Half of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; Formal Meeting Minutes Wednesday, September 16, 2020 Page 25 of 84 TOGETHER WITH The East 138 feet of the South Half of the South Half of the North Half of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; TOGETHER WITH The North Half of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; TOGETHER WITH The West Half of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; TOGETHER WITH The North 80 feet of the East 175 feet of the South 332 feet of the East Half of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; TOGETHER WITH The Northwest Quarter of the Southwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; TOGETHER WITH The Southwest Quarter of the Southwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT any part of said Southwest Quarter lying East of the West line of, MADISON GROVES MANOR, a Subdivision of the Southeast Quarter of the Northeast 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 482 of Maps, Page 29; TOGETHER WITH The North 207 feet of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT that part lying Southerly of the South lines of Lots 20, 21, and 22 of MADISON GROVES MANOR, a Subdivision of the Southeast Quarter of the Northeast 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 482 of Maps, Page 29; TOGETHER WITH The North Half of the Southeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT any part of said North Half lying within, MARYLAND VILLAGE EAST, a Subdivision of the Southeast Quarter of the Northeast 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 257 of Maps, Page 6; Formal Meeting Minutes Wednesday, September 16, 2020 Page 26 of 84 TOGETHER WITH The East Half of the Southwest Quarter of the Southeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT any part lying within the South 235.33 feet of said East Half; TOGETHER WITH The Southeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPT any part lying within the South 202 feet thereof. (Supervisorial District 3) (C-06-21-138-X-00) Vice Chairman Sellers asked the Clerk if there were any comments on items #7 or #8. The Clerk said regarding item #8, there were 13 people who were in favor of the formation of the district and one person on the telephone to answer questions if needed. There was no opposition on this item. Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Environmental Services Statutory Hearings 9. AMEND ENVIRONMENTAL HEALTH CODE REGULATIONS REGARDING PIGGERIES Pursuant to A.R.S. §36-184(B)(5) and §11-251.05, convene the scheduled public hearing to solicit comments and consider the adoption of proposed revisions to remove outdated piggery regulations from the MCEHC (EROP Case ES-2019-002/Repeal MCEHC Chapter XI, Regulation 2 - Piggeries). This item will become effective immediately upon Board of Supervisors approval. (C-88-21-004-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman COUNTY OFFICERS - OFICIALES DE CONDADO Board of Supervisors - Junta de Supervisores 10. REAPPOINTMENTS TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Approve the reappointment of Brannon Hampton and Wally Campbell to the Community Development Advisory Committee, representing the City of Goodyear as Primary Representative and Alternate Representative respectively. The term of the reappointment will be effective from the date of Board approval through June 30, 2021. (C-06-21-142-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 27 of 84 Sheriff - Alguacil 11. AGREEMENT WITH US DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR THE DEA PHOENIX DEA FORCE FFY2021 Approve the Agreement and acceptance of up to $38,360.50 from the U.S. Department of Justice, Drug Enforcement Administration for participation in the DEA Phoenix Task Force. This agreement is for two, one-year terms, the first term beginning October 1, 2020 to September 30, 2021 and the second term begins October 1, 2021 to September 30, 2022. The grant award is reoccurring and has been awarded to the Sheriff's Office since 1998. A cash or in-kind match is not applicable. There is no future or ongoing contribution required following termination of the grant period. The Sheriff’s indirect cost rate is 14.6% for a total of 5,600.63, none of which is recoverable per item 7. of the Agreement. The $5,600.63 unrecoverable indirect costs will be covered by the Sheriff's budgeted funds. The grant award is not a mandated function but provides a benefit to the citizens by enhancing public safety through illegal drug interdiction. The grant award is not competitively bid. This agreement reimburses overtime costs for two deputies assigned to the Phoenix Task Force, up to $19,180.25 per deputy for a total of $38,360.50. 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. Approval of this action will enhance disruption of the illicit drug traffic in Maricopa County and the State of Arizona by immobilizing targeted trafficking violators and organizations. (C-50-21-027-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 12. IGA WITH CITY OF EL MIRAGE FOR SWORN TRAINING ACADEMY Approve an Intergovernmental Agreement (IGA) between Maricopa County on behalf of the Sheriff’s Office (MCSO) and City of El Mirage regarding the Maricopa County Sheriff’s Office Sworn Basic Training Academy. This Agreement allows City of El Mirage law enforcement recruits to participate in scheduled MCSO Sworn Basic Training Academies at a cost of $750 per registrant. The term is July 1, 2020 through June 30, 2022 and will automatically renew up to two, one-year terms following the Initial Term unless terminated. It is effective when signed by the parties. (C-50-21-026-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 13. ACCEPT REIMBURSEMENT FROM US FOREST SERVICE Authorize acceptance of reimbursement funding in the amount of $13,463.33 from the US Forest Service to MCSO for pre-approved emergency work done in support of USFS Fire for the Sunflower and the Central-S/Bush/Daisy fires. The Forest Service has a limited amount of funding in its operations for such emergency incident response by other agencies. (C-50- 21-028-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 28 of 84 14. RESCIND AND REPLACE IGA WITH DES FOR DATA SHARING Rescind and replace the action taken on June 10, 2020 in item C-50-20-051-3-00 regarding IGA with DES for Data Sharing and the document that was approved with that action with the following action: Approve an Intergovernmental Agreement (IGA) with the Arizona Department of Economic Security (DES) for certain Jail Inmate Booking and Release data applicable to the Federal Regulations, Fleeing Felon in the Food and Nutrition Act of 2008, The State agency is required to verify there is an outstanding felony warrant on individuals and the jail information assists them in the matching process. This IGA is effective September 1, 2020 and remains in effect through August 31, 2023 or until terminated with a 90-calendar day notice by either party. (C-50-20-051-3-01) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman JUDICIAL BRANCH - PODER JUDICIAL Adult Probation - Libertad Condicional de Adultos 15. GRANT FROM DEPARTMENT OF JUSTICE (DOJ) OFFICE OF JUSTICE PROGRAMS BUREAU OF JUSTICE ASSISTANCE Approve the application and acceptance of grant funds from Department of Justice (DOJ) Office of Justice Programs Bureau of Justice in the amount of $284,251.00. The purpose of the grant is for Coronavirus Emergency Supplemental Funding. The grant period is from 1/20/20 through 1/31/2022. The Adult Probation Department indirect rate for FY20 is 12.7%, when this grant was prepared it was approved back in May 2020 during FY20. Total grant indirect costs are estimated to be $36,099.88 and are not recoverable. No matching amount is required. This is the first year for this grant and is currently not considered reoccurring. The grant award is not a mandated function but provides a safety benefit to the employees and citizen due the Covid pandemic. The grant will assist the Judicial Branch in purchasing PPE needs for the safety of employees and citizens. The grant award is competitively bid and other eligible agencies may or may not bid on this grant award. Upon receipt of funds and pursuant to A.R.S. §42-17106(B), approve revenue and expenditure budget appropriation adjustments to the Adult Probation (D110) Adult Probation Grants Fund (211) Operating (OPER) budget associated with the grant in the amount of $284,251 for FY 2021. 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. This budget adjustment does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C- 11-21-000-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 29 of 84 COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn 16. APPOINTMENTS AND RESIGNATION OF MARICOPA COUNTY WORKFORCE DEVELOPMENT BOARD MEMBERS Request approval for the following actions regarding the Maricopa County Workforce Development Board (MCWDB) as set forth below: 1. Appoint Brent Downs to the Workforce Representative Category serving as a Community Based Organization for the term effective upon Board approval to June 30, 2023. 2. Appoint Marcia J. Veidmark to the Business Representative Category - Small Business representative serving as a business owner in the construction industry for the term effective upon Board approval to June 30, 2023. 3. Appoint Erik Edward Cole to the Education and Training Representative Category serving as the Higher Education representative for the term effective upon Board approval to June 30, 2023. 4. Appoint Christine Colon, to the Governmental, Economic, and Community Development Category serving as the Vocational Rehabilitation representative for the term effective upon approval to June 30, 2023. 5. Accept the resignation of Charisse Ward, Arizona Department of Economic Security Vocational Rehabilitation in the Government, Economic, and Community Development Category. The MCWDB is established and receives its authority in accordance with the Workforce Innovation and Opportunity Act (WIOA), which was signed into law on July 22, 2014 as Public Law 113-128. The Maricopa County Board of Supervisors (BOS) shall have final authority. The Maricopa County Board of Supervisors approves the appointments and accepts the resignations of MCWDB members. Supervisory District: All Districts (C-22-21-033-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Supervisor Gates thanked Marcia Veidmark for her willingness to serve. COUNTY OFFICES AND DEPARTMENTS - DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 17. MODIFICATION 1 TO IGA WITH ASU EXTENSION Approve to extend the current agreement with ASU until July 1, 2026. The current agreement expires on June 30, 2021. There will be no additional funding added to the agreement. (C-85- 16-013-3-01) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 30 of 84 18. AGREEMENT WITH US ENVIRONMENTAL PROTECTION AGENCY TO ADMINISTER STATE CLEAN DIESEL GRANT PROGRAM Approve an agreement between the US Environmental Protection Agency (USEPA) and Maricopa County through the Air Quality Department (MCAQD) in the not-to-exceed amount of $520,724. This agreement is funded by a grant from the USEPA, Award ID# 99T85301, which increases the MCAQD federal funding by $520,724 dated August 18, 2020. The grant award is reoccurring and has been awarded to the department since 2016. The cash or in-kind match is not applicable, indirect cost is fully recoverable, ongoing cash contributions not applicable. The grant award is not a mandated function but provides a benefit to the citizens by supporting grant, rebate, and loan programs which are designed to achieve significant reductions in diesel emissions. The grant award is non-competitively bid. There are no costs that will need to be absorbed by the department’s operating budget. The Agreement is effective from October 1, 2019 to September 30, 2022. Project budgets are applied annually. All other terms and conditions of the Agreement remain in full force and effect. The Department's FY2019 authorized indirect cost rate at time of application was 23.4%. All indirect costs are allowable and fully recoverable. Indirect costs will be applied to the County retained, direct cost amount of $101,998; recoverable indirect costs are $23,868. An amount of up to $394,858 from this award will be passed through to a sub awardee(s) for vehicle replacement or retrofit during the state grant period from October 1, 2019 to September 30, 2022. 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. A budget adjustment is not required. This Agreement is funded with Federal Funds, CFDA# 66.040 State Clean Diesel Grant Program (B). (C-85-21-004-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Animal Care and Control Services - Servicios de Control y Cuidado de Animales 19. SECOND AMENDMENT TO AGREEMENT WITH CITY OF BUCKEYE FOR ANIMAL CONTROL SERVICES Approve and execute the Second Amendment to an Intergovernmental Agreement (IGA) for animal control services between the City of Buckeye (City) and Maricopa County (County), administered through Maricopa County Animal Care and Control (MCACC). The Second Amendment modifies the term of the Agreement, clarifies County Authority, and updates the menu of services provided to the City. All other terms and conditions of the Agreement shall remain in full force and effect. (C-79- 21-024-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 31 of 84 20. THIRD AMENDMENT TO AGREEMENT WITH CITY OF TEMPE FOR ANIMAL CONTROL SERVICES Approve and execute the Third Amendment to an Intergovernmental Agreement (IGA) for animal control services between the City of Tempe (City) and Maricopa County (County), administered through Maricopa County Animal Care and Control (MCACC). The Third Amendment modifies the term of the Agreement, clarifies County Authority, and updates the menu of services provided to the City. All other terms and conditions of the Agreement shall remain in full force and effect. (C-79- 21-025-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 21. NEW HOPE AGREEMENT WITH PEACEFUL PAWS Approve an agreement between Peaceful Paws Rescue and Maricopa County, administered by Maricopa County Animal Care and Control, to allow said rescue to transfer animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag, and new owner transfer fee within the first year of transfer for each dog three months of age or older at no cost to the Contractor. The cost for these services is $52 for each animal transferred in FY 2021 and thereafter. Animal Care and Control estimates thirty-six (36) New Hope transfers over the term of the agreement for a total of $1,872. The term of this agreement shall commence upon approval and execution by the Board and will expire following a three (3) year period. (C-79-21-026-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 22. NEW HOPE AGREEMENT WITH PAWS 4 A CAUSE Approve an agreement between Paws 4 a Cause Rescue and Maricopa County, administered by Maricopa County Animal Care and Control, to allow said rescue to transfer animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag, and new owner transfer fee within the first year of transfer for each dog three months of age or older at no cost to the Contractor. The cost for these services is $52 for each animal transferred in FY 2021 and thereafter. Animal Care and Control estimates thirty-six (36) New Hope transfers over the term of the agreement for a total of $1,872. The term of this agreement shall commence upon approval and execution by the Board and will expire following a three (3) year period. (C-79-21-027-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 32 of 84 Elections - Elecciones 23. ADOPT RESOLUTION FOR THE NOVEMBER GENERAL ELECTION PURSUANT TO A.R.S. §§16-411, ADOPT A RESOLUTION for the November 3, 2020 General Election authorizing the Director of Election Day and Emergency Voting to designate the use of: (1) vote centers on Election Day, November 3, 2020 (Exhibit A); (2) emergency voting centers for emergency voting starting at 5pm on Friday October 30, 2020 through Monday November 2, 2020 (Exhibit B); (3) the use of the accessible voting devices to provide out of precinct voters with the appropriate ballot to lawfully cast the ballot after they present identification as prescribed in section 16-579 (Exhibit C), (4) secure drop boxes at emergency vote centers, the Elections Department locations, and City Halls that are not large enough to host a vote center due to size restrictions and the lack of ability to implement physical distancing (Exhibit D). The list of vote centers and emergency voting centers and their hours of operation are on file with the Clerk of the Board of Supervisors and retained in accordance with LAPR approved retention schedule, and will be posted on the Election Department’s website subsequent to the Board’s approval. If a vote center established pursuant to this resolution becomes unavailable and there is not sufficient time for the Board of Supervisors to convene to approve an alternate location for that vote center, the Director of Election Day and Emergency Voting is authorized to make changes to the approved vote center location and shall notify the public and the Board of Supervisors regarding the change as soon as practicable. The alternate vote center shall be as close in proximity to the approved vote center location as possible. Due to COVID-19 challenges, if additional vote centers are identified between September 16, 2020 and Election Day beyond what is listed in exhibits (A) and (C) the Director of Emergency Voting and Election Day Voting can make these additions and notify the public and Board of Supervisors. The drop boxes will adhere to the security requirements established in the December 2019 Arizona Secretary of States Elections Procedures Manual and will be used to accept early ballots. Following Board approval, the list of drop boxes and their hours of operation will be on file with the Clerk of the Board of Supervisors and posted on the Election Department’s website. If a location authorized pursuant to this resolution becomes unavailable and there is not sufficient time for the board of supervisors to convene to approve an alternate location, the Director of Emergency Voting and Election Day is authorized to designate an alternate drop box location and shall notify the public and the board of supervisors of the change as soon as practicable. The alternate drop location box shall be close in proximity to the approved drop box location and adhere to the security requirements established in the December 2019 Arizona Secretary of States Elections Procedures Manual. Attachment – Emergency and Vote Center Resolution Exhibit A - List of Election Day Voting Centers Attachment Exhibit B - List of Emergency Voting Locations with Hours of Operation Exhibit C - List of Vote Centers that will have an accessible voting device Exhibit D - List of Secure Drop Boxes (C-21-21-006-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman RESOLUTION C-21-21-006-X-00 VOTE CENTERS RESOLUTION FOR THE NOVEMBER 2020 GENERAL ELECTION Formal Meeting Minutes Wednesday, September 16, 2020 Page 33 of 84 WHEREAS, A.R.S. § 16-411(B)(4) grants the Board of Supervisors authority to authorize the use of voting centers on election day in place of or in addition to specifically designated polling places; and WHEREAS, A.R.S. § 16-411(B)(5) grants the Board of Supervisors authority to authorize the use of emergency voting centers, to be used on specific days and times for a specific election. NOW, THEREFORE, BE IT RESOLVED that the Maricopa County Board of Supervisors adopts Resolution No. C-21-21-006-X-00 (“Vote Centers Resolution”) for the following purposes: 1. Authorizing the use of voting centers for the November 3, 2020, General Election as described in Exhibit A; and 2. Authorizing the use of emergency early voting centers for the November 3, 2020, General Election, with days and hours of operation as described in Exhibit B; and 3. Authorizing the use of accessible voting equipment within the election day vote centers for the November 3, 2020, General Election, as described in Exhibit C, to be used as voting centers should the need arise. 4. Authorizing the use of secure drop boxes for the November 3, 2020, General Election, as described in Exhibit D, to be used as voting centers should the need arise. BE IT FURTHER RESOLVED that in response to the exigencies resulting from the COVID-19 pandemic, the Director of Election Day and Emergency Voting is authorized to secure additional early voting, emergency voting, and election day voting locations and vote centers between September 16, 2020 and November 3, 2020 as they may become available to him, beyond those listed in exhibits (A) and (C), and notify the public and the Board of Supervisors as soon as practicable of any such additions. BE IT FURTHER RESOLVED that if any of the voting centers or emergency voting centers authorized by the Vote Centers Resolution becomes unavailable, the Board of Supervisors will, if time permits, convene to approve an alternate location for that emergency voting center; but, if time does not permit the Board of Supervisors to convene, the Director of Emergency Voting and Election Day Voting shall make the necessary change of location decisions and notify the public and Board of Supervisors. BE IT FURTHER RESOLVED that, if an alternate location for any voting centers or emergency voting centers must be selected, the alternate location shall be as close in proximity to the approved location as possible PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, on September 16, 2020. BOARD OF SUPERVISORS MARICOPA COUNTY /s/ Jack Seller, Vice Chairman Formal Meeting Minutes Wednesday, September 16, 2020 Page 34 of 84 ATTEST: /s/ Fran McCarroll, Clerk of the Board Approved as to form as within the powers and authority of Maricopa County under the laws of the State of Arizona. /s/ Joe LaRue, Deputy County Attorney Formal Meeting Minutes Wednesday, September 16, 2020 Page 35 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 36 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 37 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 38 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 39 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 40 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 41 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 42 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 43 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 44 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 45 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 46 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 47 of 84 Formal Meeting Minutes Wednesday, September 16, 2020 Page 48 of 84 ~ Agenda item #24 was taken out of order and heard after item #4 ~ 24. PRESENTATION AND ADOPTION OF THE ELECTION DAY AND EMERGENCY VOTING PLAN 1) Presentation by Scott Jarrett and Rey Valenzuela of the Board of Supervisors' Election Day and Emergency Voting Plan and the Recorder's Early Voting Election Plan for the November 2020 General Election. 2) Adopt the Board of Supervisors' Election Day and Emergency Voting Plan for the November 2020 General Election. (C-21-21-007-X-00) 25. APPROPRIATION ADJUSTMENT FOR ELECTIONS DEPARTMENT GRANT FUND In accordance with A.R.S 42-17106(B) approve a revenue and expenditure increase in the appropriated budget for the Elections Department (D210) Elections Grant Fund (248), Non- Recurring/Non-Project (NRNP) in the amount of $2,644,425 as identified on the Fiscal Year 2020-2021 Grant Summary Worksheet on file in the Office of the Clerk of the Board and retained in accordance with LAPR approved retention schedule. The appropriation adjustment brings the Elections Department Grant Fund (248) budget to the total amount of $2,996,553 The appropriation adjustment is necessary as the carry forward amounts of prior year grants and award amounts of new grants differ from the amount approved in the Fiscal Year 2020- 2021 Budget Appropriation. Grant revenues are not local revenues for the purpose of the Formal Meeting Minutes Wednesday, September 16, 2020 Page 49 of 84 constitutional expenditure limit, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this budget adjustment does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The Maricopa County Elections Department composite indirect cost rate for Fiscal Year 2020- 2021 is 68%. The recoverable indirect cost of administering this grant is $0. (C-36-21-002-X- 00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 26. REVOCABLE LICENSE AGREEMENT WITH MACERICH PARTNERSHIP, LP Approve and execute Revocable License Agreement P-50390 (Agreement) for use of real property with The Macerich Partnership, LP, a Delaware limited partnership registered in Arizona (Licensor) for use of multiple properties throughout Maricopa County for voting location; and approve and authorize the Deputy County Manager for Maricopa County or the Real Estate Director for Maricopa County, each individually and separately, to administer this Agreement as appropriate and necessary, which authority includes but is not limited to, execution of Notice documents. This Agreement is for the purpose of providing additional polling locations for the upcoming 2020 General election in order to meet the CDC’s recommended social distancing guidelines for staff, volunteers and citizens. The term will commence October 19, 2020 and expire November 7, 2020 unless terminated earlier as provided in the Agreement. Elections Department will have use of eight (8) locations as follows: Location Address Arrowhead Towne Center 7770 W. Arrowhead, Glendale, AZ 85308 Biltmore Fashion Park 2502 E. Camelback Rd Phoenix, AZ 85016 The Boulevard Shops 3111 W. Chandler Blvd, Chandler AZ 85226 Paradise Valley Mall 4568, E. Cactus Rd, Phoenix AZ SanTan Village 2218 E. Williams Field Rd, Ste 235, Gilbert AZ 85295 Superstition Springs Center 6555 E. Southern Ave, Mesa AZ 85206 Total license fee cost for all 6 locations is $32,551.04, including rental tax. Licensor may terminate this Agreement upon fourteen (14) days’ prior notice, or County may terminate pursuant to A.R.S. § 38-511. These locations fall under various Supervisory Districts. (C-36-21-000-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 27. LEASE AGREEMENT WITH AINA HOLDINGS Approve and execute Lease Agreement L-7509 (Agreement) with AINA Holdings, LLC (Lessor) for the use of 2,457 square feet of rental space located at 1909 E. Ray Rd., Suite 1, Chandler Arizona 85255; and approve and authorize the Deputy County Manager for Maricopa County or the Real Estate Director for Maricopa County, each individually and Formal Meeting Minutes Wednesday, September 16, 2020 Page 50 of 84 separately, to administer this Agreement as appropriate and necessary, which authority includes but is not limited to, execution of Subordination, Non-Disturbance and Attornment, Estoppel, and Notice documents. The purpose of this agreement is to allow Maricopa County (Lessee) exclusive use of the premises as a polling location and other associated activities/use/services for the upcoming 2020 General election. The term of the Agreement shall commence on the effective date, September 21, 2020, for a period of three (3) months expiring on December 20, 2020. Lessee agrees to pay as gross rent, in equal monthly installments in the sum of $8,333.33. Lessee is also responsible to reimburse Lessor for utility and maintenance costs for the premises. This Agreement is subject to A.R.S. § 38-511 and may be terminated due to non-appropriation of funds or by mutual agreement. Supervisory District – 1 (C-36-21-003-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Facilities Management - Administración de Instalaciones 28. 1280 DETENTION FACILITY NAMING - WATKINS JAIL Approve the Facilities Review Committee’s recommendation to officially name the newly constructed 1280 Detention Facility, The Watkins Jail. (C-70-21-000-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Finance - Finanzas 29. NON-OBLIGATION LETTER FOR FOREIGN TRADE ZONE FOR BALL METAL BEVERAGE CONTAINER CORPORATION INC. Approve a “non-objection” letter for Ball Metal Beverage Container Corporation Inc.’s (Ball Metal) request to transfer 34.79 acres within Site 15 of Foreign Trade Zone (FTZ) No. 277 and create a Subzone utilizing transferred acres. The 34.79 acres within Site 15 of FTZ No. 277 located at 15101 W. Peoria Avenue, Waddell, AZ 85355, within parcel 501-42-979, will be transferred from RRB Beverage Operations Inc. to Ball Metal. Parcel 501-42-979, owned by RRB Beverage Operations Inc., was previously authorized as an FTZ through Board agenda C-94-19-013-M-00 on June 26, 2019. In addition, Ball Metal will create an FTZ Subzone, combining their currently designated FTZ operation in Goodyear, AZ (Location 1) and the new 34.79 acres transferred from RRB Beverage Operation Inc. (Location 2) as a Subzone. Authorize the Chairman to sign said “non-objection” letter. The letter will be directed to the Foreign Trade-Zone Board, U.S. Department of Commerce. (C-18-21-014-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 51 of 84 30. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 08/14/2020 through 08/27/2020, 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- 18-21-018-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Human Resources - Recursos Humanos 31. EMPLOYEE DISCOUNT VENDOR DONATION In accordance with the County’s Policy for Receiving Donations (A2508), accept a cash donation of $528.46 from Smart Circle International LLC. After Board acceptance of this donation, the total amount will be deposited into the County’s General Fund. Smart Cirlce International LLC is a member of Benefairs, the County’s employee discount program provider. The County’s relationship with Benefairs was originally approved by the Board on the 03/13/2019 agenda (C-31-01-015-8-01). With every employee discount purchase made by County employees, a donation to the County is made. (C-31-21-013-X- 00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 32. 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. (C-31-21-014-X-00) New Market Range Title: Psychiatrist (Chief) $109.40-$139.00 ($227,552-$289,120) Range Updates: Head Start Family Support Specialist $15.00-$23.65 ($31,200-$49,192) IT Technical Support Manager $38.85-$63.60 ($80,808-$132,288) Nursing Director $52.20-$73.55 ($108,576-$152,984) Nursing Manager $43.45-$62.30 ($90,376-$129,584) Nursing Supervisor $37.75-$54.90 ($78,520-$114,192) Psychiatrist $94.35-$124.30 ($196,248-$258,544) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 52 of 84 Human Services - Servicios Humanos 33. ACCEPTANCE OF GRANT FUNDS FROM U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR EARLY HEAD START PROGRAM Approve the receipt of 5th year grant 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. 09HP000105-04-00. OHS provided a Notice of Award (NOA) for $1,843,849 for Maricopa County Early Head Start program activities. The Grant award of $1,843,849 is a non-competing continuation and is for the project period of September 1, 2020 through August 31, 2021. The grant funds are reoccurring for the Project Period that began on March 1, 2017 thru August 31, 2021. The funds will be utilized to provide Head Start services to 96 infants and toddlers. Funding for Grant No. 09HP000105 was competitive and was awarded to Maricopa County in March 2017. The purpose of the grant is for the County to increase the number of program participants (infants and toddlers) that receive quality of learning opportunities through partnerships with contracted Child Care providers. On June 2020, the Head Start program submitted a continuation funding application (C-22-17-060-G-08) to OHS. The grant requires a 20% non-federal share (NFS) match of the total grant award. The total NFS is $460,962 for the period of September 1, 2020 thru August 31, 2021. NFS is provided through in-kind donations of goods and services as well as parent volunteering. Upon approval of receipt of funds, the grant award amount for the project period shall be $8,894,302. The Human Services Department approved provisional indirect rate for FY2021 is 22.2% from the U.S. Department of Health and Human Services for salaries and employee related expenses. The Grant funding amount is $ 1,843,849 of which $477,937 is for salaries and employee related expenses. The estimated recoverable indirect rate costs are $106,102 and fully recoverable and effective as of September 1, 2020. Receipt of the grant funds does not require future or ongoing contributions by the County at the end of the project period. The services provided under this grant are not a mandated function but provides a benefit to the citizens by providing eligible children with high quality care and education by integrating Head Start performance measures. The measures provide children with learning opportunities to enhance development and help with preparing children to be school ready. The approved Head Start enrollment under this grant is 96 infants and toddlers. 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. This Agreement 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 2021: $1,536,541 Revenue & Expenditures FY 2022: $307,308 Revenue & Expenditures Supervisory District: All (C-22-17-060-G-10) Formal Meeting Minutes Wednesday, September 16, 2020 Page 53 of 84 Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 34. SUBMITTAL OF GRANT APPLICATION TO THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR EARLY HEAD START PROGRAMS Approve the Human Services Department Early Education Division Head Start Program to submit a competitive grant application to the U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), Grant No. HHS-2020-ACF-OHS-HP-1852. The Head Start Program is requesting $1,882,836 for the Early Head Start-Child Care Partnership (EHS-CCP) project to improve the quality care and education to children ages from birth to age three. Targeted service areas will include areas outside the City of Phoenix with highest numbers of unserved eligible children. The Human Services Department approved provisional indirect rate for FY2021 is 22.2% from the U.S. Department of Health and Human Services for salaries and employee related expenses. The anticipated Indirect cost is estimated at $64,094. The grant requires a 20% non-federal share (NFS) match of the total approved project costs. The estimated NFS for the grant $470,409. NFS is generated through in-kind donations of goods and services as well as parent volunteering. The total Project activity funds are anticipated to be $1,882,836 grant funds and $470,409 NFS for a total project amount of $2,353,245. Acceptance of the grant funds will not impact the County General Fund. Also request authorization for the Chairman to sign the OHS Standard Form (SF-424) upon approval of this item. Once notified of the grant award, the Human Services Department will request approval of the receipt of grant funding. Supervisory District: All (C-22-21-034-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 35. AMENDMENT TO IGA WITH MESA UNIFIED SCHOOL DISTRICT Approve Amendment No. 2 to the Intergovernmental Agreement “Agreement” between Mesa Unified School District and Maricopa County, administered by its Human Services Department. The purpose of Amendment No 2 is to address the following: 1. Extend the Agreement term: October 1, 2020 through September 30, 2021 (Extension Term) 2. The County shall reimburse Mesa Unified School District for food service delivery during the Extension Period for the not to exceed amount of $150,595. 3. Revise Section 28.0 Service Delivery to add items: a. Replace 28.11.2 Meal Count and Costs as listed. 4. Revise Section 29.0 Compensation, subsection 29.1 Funding a. Replace subsection 29.1.2 b. Replace subsection 29.1.3 Formal Meeting Minutes Wednesday, September 16, 2020 Page 54 of 84 5. Add to the Agreement Section 32.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 6. Add to the Agreement Section 33.00 SURVIVAL The Agreement is amended to incorporate the changes contained in this Amendment No. 2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. Funding for this Agreement is provided by (Head Start Grant No. 09HP000200 / C-22/20-003- G-00 and Child and Adult Care Food Program (CACFP) – C-22-14-027-G-07 FY: 2021 $112,946 FY: 2022 $37,649 Supervisory District: 1, 2 (C-22-20-008-3-02) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 36. AMENDMENT TO IGA WITH SCOTTSDALE UNIFIED SCHOOL DISTRICT Approve Amendment No. 2 to the Intergovernmental Agreement “Agreement” between Scottsdale Unified School District and Maricopa County, administered by its Human Services Department. The purpose of Amendment No 2 is to address the following: 1. Extend the Agreement term: October 1, 2020 through September 30, 2021 (Extension Term) 2. The County shall reimburse Scottsdale Unified School District for food service delivery during the Extension Period for the not to exceed amount of $679,740. 3. Revise Section 28.0 Service Delivery to add items: a. Replace 28.11.2 Meal Count and Costs as listed. 4. Revise Section 29.0 Compensation, subsection 29.1 Funding a. Replace subsection 29.1.2 b. Replace subsection 29.1.3 5. Add to the Agreement Section 32.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 6. Add to the Agreement Section 33.00 SURVIVAL The Agreement is amended to incorporate the changes contained in this Amendment No. 2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. Funding for this Agreement is provided by (Head Start Grant No. 09HP000200 / C-22-20-003- G-00 and Child and Adult Care Food Program (CACFP) – C-22-14-027-G-07 FY: 2021 $509,805 FY: 2022 $169,935 Supervisory District: 2 (C-22-20-009-3-02) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 55 of 84 37. AMENDMENT TO IGA WITH CITY OF TOLLESON FOR COMMUNITY ACTION PROGRAM ACTIVITIES Approve Amendment No. 6 to the financial Intergovernmental Agreement between the City of Tolleson (“Subrecipient”) and Maricopa County, administered by its Human Services Department. The County contracts with the Subrecipient for the provision of Community Action program (CAP) activities such as crisis case management and financial assistance services for residents of the Tolleson Community Service Area. The purpose of Amendment No. 6 is to address the following: A. The County shall provide the Subrecipient with funding for programs strictly related to the Subrecipient’s increase in number of COVID-19 cases within its jurisdiction. B. Funding for this Amendment is provided by Catalog of Federal Domestic Assistance (CFDA) 21.019 Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136. C. Community Action Program funding and activities shall include: 1. $40,000 for temporary staff and $10,000 for temporary staff to assist COVID-impacted residents connect to a procured hotel, a not-to-exceed amount of $50,000 and to provide assistance to eligible residents. D. Cultural Health Advocates project funding and activities shall include: 1. $80,000 for temporary, full or part-time Cultural Health Advocates to assist the City and the County in promoting effective COVID mitigation and prevention and provide information to special populations within the City. The foregoing paragraphs contain all the changes made by this Amendment No. 6. All other terms and conditions of the Agreement remain in full force and effect as amended by Amendment Nos. 1, 2, 3, 4, and 5. The County is empowered by A.R.S. §§ 11-201, 11-251, and 11-952 to enter into this Amendment No. 6 and has delegated to the undersigned the authority to execute this Amendment No. 6 on behalf of the County. The Subrecipient is empowered by A.R.S. §§ 9-240, 9-500.11, 11-952, and 46-241, et seq. to enter into this Amendment No. 6 and has by resolution delegated to the undersigned the authority to execute this Amendment No. 6 on behalf of the Subrecipient. This Amendment No. 6 shall be effective upon approval and signature by both Parties. FY2021: $130,000 Expenditures Supervisor District: 5 (C-22-16-042-3-06) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 38. DEVELOPER AGREEMENT WITH NEWTOWN COMMUNITY DEVELOPMENT CORPORATION Approve a financial Developer Agreement (Agreement) between Newtown Community Development Corporation (Newtown), a Community Housing Development Organization and Maricopa County administered by its Human Services Department. Formal Meeting Minutes Wednesday, September 16, 2020 Page 56 of 84 The purpose of the Agreement is for Newtown to acquire and rehabilitate five (5) single-family houses in Maricopa County’s Urban County cities or County islands. The completed homes will be sold to eligible low-income first-time homebuyers as part of Newtown’s Community Land Trust Program which will ensure the homes remain affordable in perpetuity. The County shall provide Newtown with a HOME Investment Partnerships Grant (HOME) funds in the amount not-to-exceed $540,000. The Agreement term begins on September 16, 2020 and will expire August 31, 2024. Also request authorization for the Human Services Department Director to approve and execute Administrative Change Orders and Addenda as identified in Section 2 (Special Provisions), Paragraph 18.0 (General Conditions). Administrative Change Orders and Addenda – The Human Services Department Director may a.) make changes within the general scope of the Agreement on behalf of the County through Administrative Change Orders, and b.) identify the single-family properties that are subject of Paragraph 2.0 (Scope of Work) of Section 3 (Work Statement) of this Agreement through Addenda. Both Administrative Change Orders and Addenda shall be approved and fully executed by the Human Services Department Director and the Executive Director of the Developer. This Agreement is funded by grants from the U. S. Department of Housing and Urban Development (HUD). Funding is included in the FY2021 budget and does not impact the General Fund. FY 2021: $540,000 Expenditures Supervisor District: All (C-22-21-035-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Procurement Services - Servicios de Adquisiciones 39. 200203-RFP, ASO DENTAL CLAIM ADMINISTRATOR FOR EMPLOYEE SELF INSURED GROUP PREFERRED PROVIDER ORGANIZATION (PPO) Approve the contract for award at an estimate of $1,100,000.00 over three (3) years and six (6) months, until June 30, 2024 with three (3) one-year renewal options. The effective date of the contract will be January 1, 2021. The purpose of the contract is to provide to Maricopa County an Administrative Services Only (ASO) dental claim administrator to provide a network (participating and non-participating providers), claims processing, customer service and reporting for a self-insured Group Preferred Provider Organization (PPO) dental plan. Cigna Dental Delta Dental of Arizona (C-73-21-021-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 57 of 84 40. 200242-CI, ON-SITE CLINICAL MEDICAL & SPECIALITY HEALTH SERVICES Approve a 5-year contract with a 5-year renewal option with District Medical Group in the amount of $5,730,000.00. The purpose of this contract is to pay for secondary affidavits from medical providers regarding individuals who receive court-ordered evaluations/treatment as required by Maricopa County Superior Court. The effective start date of the contract will be October 01, 2020. (C-73-21-019-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 41. 200201-C, ASPHALT, EMULSIFIED OIL, AND PETROLEUM RESIN Approve the contract for award at an estimate of $1,200,000.00 over Two years until September 30, 2022 with Four one-year renewal options. The effective date of the contract will be October 1, 2020. The purpose of the contract is to provide to Maricopa County with materials to ensure the integrity, longevity and maintenance of pavement and asphalt roadways through-out Maricopa County. Cactus Transport-Cactus Asphalt Musgrove Enterprises DBA: SealMaster Wright Asphalt Products Co (C-73-21-020-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 42. 200209-C, HEAVY DUTY TRUCK, CONSTRUCTION AND AGRICULTURAL, INDUSTRIAL FLEET AND EQUIPMENT PARTS, SERVICE AND ACCESSORIES Approve the contract for award at an estimate of $1,300,000 over one year until 09/30/2021 with four one-year renewal options. The effective date of the contract will be 10/01/2020. The purpose of the contract is to provide to Maricopa County a full line of parts, components, accessories, and services at contractor locations and in the field, for light-duty and heavy- duty fleet vehicles and construction, agricultural, and industrial equipment. The following vendors will be added once they have finalized their vendor registration with the County: A to Z Equipment Rentals Sales, Courtesy Auto of Mesa, Courtesy Carquest, Courtesy Chevrolet Isuzu Commercial Trucks, Lawson Products Inc, Los Angeles Truck Centers, Onsite Truck Equipment Repair, Parts Mart Inc, Southwestern Products Corporation, United Truck Equipment Inc, and W W Williams. Awarded Vendors: Vendor Name Balar Equipment Canyon State Bus Sales CP Company Cummins Sales and Service Drake Equipment Empire Southwest LLC Fleetpride Kenz Leslie of Arizona Lubrication Equipment and Supply Company RWC Group LLC Formal Meeting Minutes Wednesday, September 16, 2020 Page 58 of 84 Sanderson Ford The W. W. Williams Co. LLC - DBA Auto Safety House LLC Titan Machinery Inc (C-73-21-018-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Public Health - Salud Pública 43. AMENDMENT TO IGA WITH ARIZONA BOARD OF REGENTS ON BEHALF OF THE UNIVERSITY OF ARIZONA FOR EPIDEMIOLOGY SERVICES Approve a retro-active amendment to the Intergovernmental Agreement (IGA) between the Arizona Board of Regents for and on behalf of the University of Arizona (UofA), Sponsored Project Services and Maricopa County by and through its Department of Public Health (MCDPH) to provide continued funding for epidemiology services by the U of A Student Aid for Field Epidemiology Response (SAFER) team, to MCDPH. This amendment adds $170,131.00 to the budget period July 1, 2020 through June 30, 2021 per Attachment 1A for COVID-19 disease investigation. The cumulative amount for this period will-not-exceed $230,131. The IGA term is July 1, 2018 through June 30, 2023. Effective with this amendment, U of A will begin to collect indirect cost at the rate of 25% of total expense. In addition, this amendment modifies Section II.3. and II.4. and adds part D per the Attachment 1A. This IGA is exempt from procurement procedures pursuant to Section MC1-1001 of the Maricopa County Procurement Code. Funding for this amendment is provided by the ‘Coronavirus Aid, Relief, and Economic Security (CARES) Act’ which is to end December 30, 2020. Should the CARES Act funds cease on December 30, 2020, and if alternative funds are not available, County may suspend or cancel this agreement. (C-86-18-071-3-03) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 44. AMENDMENT TO IGA WITH ARIZONA STATE BOARD OF PHARMACY Approve Amendment No. 2 to Intergovernmental Agreement (IGA) between Arizona State Board of Pharmacy and Maricopa County by and through its Department of Public Health. The term of this Agreement is from September 1, 2019 through August 31, 2022. This amendment includes the following modifications: I. The above named IGA is hereby amended as specified on page 14, Section IV, Compensation. Revise to read in its entirety: Formal Meeting Minutes Wednesday, September 16, 2020 Page 59 of 84 1. COMPENSATION A. The Contractor shall submit a quarterly invoice on the last business day of the month following the end of each annual contract quarter. For year two (2), invoices should be sent on or before the following dates: a. December 31, 2020 (for quarter ending November 30, 2020) b. March 31, 2021 (for quarter ending February 29, 2021) c. May 31, 2021 (for quarter ending May 31, 2021) d. September 30, 2021 (for quarter ending August 31, 2021) Each subsequent year will adhere to this same schedule. II. All other terms and conditions of the original contract and its amendments shall remain in full force and effect. (C-86-20-024-3-02) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 45. CONTRACT WITH NEIGHBORHOOD OUTREACH ACCESS TO HEALTH FOR COMMUNITY HEALTH NEEDS ASSESSMENT REPORT Approve a retroactive Contract for Service between Neighborhood Outreach Access to Health (NOAH) and Maricopa County by and through its Department of Public Health (MCDPH) to participate in a Community Health Needs Assessment (CHNA). The purpose of the CHNA is to assess the public health needs of Maricopa County residents. Neighborhood Outreach Access to Health is a Federally Qualified Health Center (FQHC) and shall pay the County for services described, in yearly installments of $7,000 for year one, $10,000 for year two and $10,000 for year three, over the term of this contract for a total not-to-exceed amount of $27,000. The term of this Contract is from July 1, 2020 through June 30, 2023. The Contract may be extended for one (1) additional three-year period, not to exceed a total extended term of six (6) years The Department of Public Health’s FY20 indirect rate is 18.8%, indirect costs are estimated at $1,108 for year one (1), $1,582 for year two (2), and $1,582 for year three (3), and are fully recoverable. (C-86-21-052-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 46. CONTRACT WITH DIGNITY HEALTHCARE FOR COMMUNITY HEALTH NEEDS ASSESSMENT REPORT Approve a retroactive Contract for Service between Dignity Health and Maricopa County by and through its Department of Public Health (MCDPH) to participate in a Community Health Needs Assessment (CHNA). The purpose of the CHNA is to assess the public health needs of Maricopa County residents. Dignity Health is a Federally Qualified Health Center (FQHC), and shall pay the County for services described, in equal yearly installments of $89,000 over the term of the contract for a total not-to-exceed amount of $267,000. The term of this Contract is from August 1, 2020 through June 30, 2023. The Contract may be extended for one (1) additional three-year period, not to exceed a total extended term of six (6) years. The participating hospital facility locations under Dignity Health are: Formal Meeting Minutes Wednesday, September 16, 2020 Page 60 of 84 Hospitals • St. Joseph’s Hospital and Medical Center • St. Josephs’ Westgate • Chandler Regional Medical Center • Mercy Gilbert Medical Center • Arizona General – Laveen • Arizona General – Mesa Joint Ventures • Arizona Orthopedic Specialty Hospital (AOSH) • Arizona Spine and Joint • Kindred: Dignity Health East Valley Rehabilitation Hospital • OASIS $ The Department of Public Health’s FY20 indirect rate is 18.8%, indirect costs are estimated at $42,253 and are fully recoverable. (C-86-21-053-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 47. IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES (ADHS) FOR ‘HEPATITIS C TESTING AND PATIENT NAVIGATION’ Approve a cost reimbursement IGA and new grant funds from ADHS in the not-to-exceed amount of $223,664 for the purpose of increasing Hepatitis C testing, linkage to care and treatment among vulnerable populations in Maricopa County. The budget period is August 1, 2020 through July 1, 2021. The IGA term is August 1, 2020 through July 31, 2025. This is a new grant and it is not certain whether it will continue beyond the initial five-year term. The award was non-competitive and there is no cash or in-kind match required. This project is not mandated but provides a benefit to County residents through the provision of Hep C services. Should the grant be discontinued, ongoing cash contributions should not be required. The Department of Public Health indirect rate for FY2020-21 is 18.8%. Full indirect costs are estimated at $35,395, all of which is recoverable. Program costs not allocated to the grant will be covered by the MCDPH indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. 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-86-21-050-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 61 of 84 48. NOTICE OF INTENT TO CONTRACT WITH THE CENTERS FOR DISEASE CONTROL AND PREVENTION FOR TECHNICAL SERVICES IN SUPPORT OF TUBERCULOSIS EPIDEMIOLOGIC STUDIES CONSORTIUM Approve a Notice of Intent to Exercise Option Period 10 to Contract Award 200-2011- 41279/0001 between the Centers for Disease Control and Prevention (CDC) and Maricopa County by and through its Department of Public Health (MCDPH), Clinical Services, to provide additional funding for research and support of the CDC’s Tuberculosis Epidemiologic Studies Consortium (TBESC) program. This work aims to improve diagnosis and treatment of Latent TB Infection (LTBI). Option year 10 increases the total funded amount of this contract by $255,502 from $2,901,616.59 to $3,157,118.59 for the performance period September 29, 2020 through September 28, 2021. Authorize the Chairman to sign the modification document related to this action. This is the final year of the 10-year term beginning September 29, 2011 and ending September 28, 2021. This grant award is reoccurring and has been awarded to the department for several years. There is no cash or in-kind match required and indirect cost is fully recoverable. In the event the grant is discontinued, ongoing cash contributions may be required as this is a mandated function. The grant award is non-competitive. There are no costs that will need to be absorbed by the department’s operating budget. The Department of Public Health’s indirect rate for FY20-21 is 18.8% Indirect costs are estimated at $35,606 and are fully 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. 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. This Agreement 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. Funds for this Agreement are provided by the CDC and do not affect the County’s general fund. (C-86- 12-028-3-05) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 49. ACCEPTANCE AND USE OF GIFT CARDS FOR THE TUBERCULOSIS CONTROL INCENTIVE PROGRAM Approve the acceptance and use of gift cards provided by Arizona Department of Health Services (ADHS), to Maricopa County by and through its Department of Public Health (MCDPH), Tuberculosis Control Program. For FY21, the MCDPH TB Clinic received a donation of 600 cards at $10 each for a total value of $6,000. Gift card and voucher donations have been received by the TB program for a number of years. We expect them to continue. Match is not applicable nor will ongoing cash contributions be required should these cards cease to be provided. TB Services are a mandated function and donations such as these incentivize the treatment program. Awareness and treatment of TB patients is a benefit to our citizens. To our knowledge, the donations to the TB program are not given in a competitive manner. Program costs associated with the donations are absorbed by the TB programs grant budget. Administration costs are absorbed the department’s operating budget. MCDPH’s indirect rate for FY21 is 18.8%. This in-kind donation does not allow for indirect, therefore, indirect expense estimated at $1,128 are not recoverable. Formal Meeting Minutes Wednesday, September 16, 2020 Page 62 of 84 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. This donation 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 donation through a future reconciliation. Funding is provided by a donation from Walmart and ADHS and will not affect the County’s general fund. (C-86- 21-051-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 50. PURCHASE ORDER FROM ARIZONA DEPARTMENT OF HEALTH SERVICES FOR CLINICAL SERVICES CAPACITY PROGRAM Approve a Purchase Order (PO) for the Intergovernmental Agreement (IGA) Contract No. CTR043100, HIV Surveillance Capacity Expansion Program, between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH). The PO is for a not-to-exceed amount of $134,775 for the nine (9) month budget period April 1, 2020 through December 31, 2020. The term is April 1, 2019 to March 31, 2024. This is year 2 of the ADHS grant IGA. It is uncertain whether it will reoccur. Match is not required and though the grant award addresses a mandated function, it is uncertain whether on-going contributions would be required as there are other grants that address the mandate. This was awarded without a competitive grant process. The Department of Public Health’s indirect rate for FY 20-21 is 18.8%. Total indirect expenses are estimated to be $21,328 all of which is recoverable. All program costs are allocated to the grant so there should be no additional burden on the department’s operating budget. 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. 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-86-19-057-3-02) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 51. APPLY AND ACCEPT GRANT FUNDS FROM HEALTH SERVICE AND RESOURCES ADMINISTRATION FOR LIFE SAVING MEDICAL AND SUPPORT SERVICES Approve the application and acceptance of grant funds from Health Services and Resources Administration (HRSA) in the not-to-exceed amount of $10,285,279. In addition, $306,650 will be carried over from the previous grant year for a total of $10,591,929. The grant will provide continued lifesaving medical and support services to people living with HIV/AIDS. Authorize the Board Chairman to sign all documents related to these grant funds, as applicable. The non-competing continuation award period begins on March 1, 2021 and ends on February 28, 2022. Formal Meeting Minutes Wednesday, September 16, 2020 Page 63 of 84 The grant award is reoccurring and has been awarded to the department for many years. This is a non-competing continuation opportunity and there is no cash or in-kind match required. This is not a mandated service but provides a benefit to our citizens with the provision of health related and support services for up to 4500 People Living with HIV/AIDS. Should the grant cease, on-going contributions should not be required. The grant allows for the full indirect rate of 18.8%. Sub-recipient awards will total approximately $9,028,368 and are not subject to indirect. Indirect cost is estimated to be $247,432, all of which is recoverable. All program costs are allocated to the grant so there will be no additional burden on the department’s operating budget. 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-86-20-005-3-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Transportation - Transportación 52. AMENDMENT TO POLICY REGARDING ROAD BRIDGE CONDITION LEVELS Amend action taken on June 21, 2006 (C-64-02-262-5-02) to establish County policy for minimum road system condition levels per the requirement of the Governmental Accounting Standards Board Statement No. 34 using the modified approach for reporting infrastructure assets. Amend as follows: Road System – 75% of centerline miles with Overall Condition Index (OCI)≥70 and no more than 5% of centerline miles with OCI<55 The Department is using new asset management software to determine and manage pavement condition, Cartegraph OMS. Cartegraph uses a different method to determine pavement condition, Overall Condition Index (OCI). Cartegraph also continuously estimates OCI based on expected performance curves and pavement activity impacts. As a result, we are amending the road system rating to conform to the new methodology. The Department of Transportation is required to comply with the Governmental Accounting Standards Board Statement No. 34 for reporting infrastructure assets (e.g. roads, bridges). The Department elected to use the modified approach for reporting infrastructure assets which means infrastructure assets will not be depreciated as long as two requirements are met. First, the assets are managed using an asset management system. Second, the government documents that the infrastructure assets are being preserved approximately at (or above) a condition level established and disclosed by the Board of Supervisors. The condition levels established by the Board of Supervisors will be reported annually in the County’s Comprehensive Annual Financial Report (CAFR). This agenda item establishes the policy for minimum condition levels to be disclosed annually in the CAFR and amends the previously established pavement condition rating system to follow the Cartegraph based rating system. The condition of road pavement is measured using the Cartegraph rating system, which is based on the weighted averages of pavement surface distress factors using ASTM 6433. The Formal Meeting Minutes Wednesday, September 16, 2020 Page 64 of 84 Cartegraph system uses a measurement scale to evaluate OCI ranging from zero for a failed pavement to 100 for a pavement in perfect condition. The OCI is used to classify roads in very good or excellent condition (70-100), good condition (55-69), and fair or poor condition (less than 55). Pavement condition assessments are determined annually for arterial and collector roads and every other year for local and park roads. The Department of Transportation is in compliance with these condition ratings and no additional funding will be required to maintain the current condition rating. Supervisory District No. 1, 2, 3, 4 & 5 (C-64-02-262-5-03) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 53. BILL OF SALE FOR QUEEN CREEK DOMESTIC WATER IMPROVEMENT DISTRICT ASSETS Approve the Bill of Sale between Maricopa County and the Town of Queen Creek for the sale of the assets of the Queen Creek Domestic Water Improvement District of Maricopa County (QC Improvement District). On January 30, 2019, the Maricopa County Board of Supervisors, which is also the board of directors for the QC Improvement District, passed Resolution C-64-19-104-7-00 dissolving the QC Improvement District. As part of dissolving the QC Improvement District, Maricopa County may transfer all assets of the dissolved QC Improvement District to the Town of Queen Creek. Supervisory District No. 1 (C-64-21-027-X-00) The department requested item 53 be continued to the October 21, 2020 meeting. 54. CONTRACT WITH WSP USA, INC. FOR TONTO HILLS LOW VOLUME ROADS PROJECT FINAL DESIGN Approve the award of Contract with WSP USA Inc., to perform final design and post design services for Maricopa County Department of Transportation, Project No. TT0609, Tonto Hills Low Volume Roads, for a sum not-to-exceed six hundred and thirty four thousands seven hundred ninety-four dollars ($634,794). The Contract completion date shall be One thousand three hundred eighty five (1385) calendar days after the Notice to Proceed has been issued. Funds will be budgeted through the Transportation Department (D640) Transportation Capital Projects fund (234) Dust Mitigation (DMIT) Project, Sub-Project TT0609. Supervisory District No. 2 (C-64-21-028-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 55. QUIT CLAIM DEED AND THE ASSIGNMENT OF EASEMENT FOR EL MIRAGE RD. (NORTHERN AVE. TO PEORIA AVE.) Approve and sign the Quit Claim deed and the Assignment of Easement document to complete the transfer of project right of way to the City of El Mirage. These documents have been approved and signed by the City of El Mirage. This project was completed under Intergovernmental Agreement C-91-11-226-5-00 recorded in 2011-0586973, which required that all project right of way be annexed by the City upon completion of the project. As all right of way was already within City jurisdiction at the time of Formal Meeting Minutes Wednesday, September 16, 2020 Page 65 of 84 acquisition, the right of way is being transferred to the City through the Quit Claim Deed and Assignment of Easement. Supervisory District No. 4 (C-64-21-029-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 56. ANNEXATION BY THE TOWN OF GILBERT: ORDINANCE NO. 2776 Pursuant to ARS §9-471(N), approve the annexation by the Town of Gilbert of County right- of-way within: Higley Road (Indigo Road to EMF) in accordance with Ordinance No. 2776. Town of Gilbert has adopted Ordinance No. 2776 annexing County road right of way and has requested mutual consent of the Board of Supervisors pursuant to ARS §9-471(N). (General Vicinity Higley Road (Indigo Road to EMF). Supervisory District No. 1) (C-64-21- 031-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 57. ANNEXATION BY THE TOWN OF GILBERT: ORDINANCE NO. 2775 Pursuant to ARS §9-471(N), approve the annexation by the Town of Gilbert of County right- of-way within: Gilbert Road (Williams Road to Frye Road, in accordance with Ordinance No. 2775. Town of Gilbert has adopted Ordinance No. 2775 annexing County road right of way and has requested mutual consent of the Board of Supervisors pursuant to ARS §9-471(N). (General Vicinity Gilbert Road (Williams Road to Frye Road). Supervisory District No. 1) (C- 64-21-032-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 58. 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. D23653 (WJ) Project #: TT0583 – 20th Street (Cloud Rd to Tamar Rd) – Assessor’s Parcel #: 211-69-005L – Warranty Deed – Joseph Westerfield for the sum of $17,399.50. B. D23653 (WJ) Project #: TT0583 – 20th Street (Cloud Rd to Tamar Rd) – Assessor’s Parcel #: 211-69-005L – Purchase Agreement – Joseph Westerfield. C. D23666 (TD) Project #: TT0583 – 20th Street (Cloud Rd to Tamar Rd) – Assessor’s Parcel #: 211-69-016E – Warranty Deed – Joe Hines for the sum of $2000.00. Formal Meeting Minutes Wednesday, September 16, 2020 Page 66 of 84 D. D23666 (TD) Project #: TT0583 – 20th Street (Cloud Rd to Tamar Rd) – Assessor’s Parcel #: 211-69-016E – Purchase Agreement – Joe Hines. (C-78-21-009-X-00) Regarding item #58, Supervisor Gates thanked the Real Estate Department and Department of Transportation for their work on this project in paving a portion of 20th Street to help with dust mitigation. Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman INDUSTRIAL DEVELOPMENT AUTHORITY - AUTORIDAD PARA EL DESARROLLO INDUSTRIAL 59. ADOPT A RESOLUTION APPROVING THE ISSUANCE OF BONDS FOR THE BENEFIT OF OTTAWA UNIVERSITY Adopt a Resolution to approve the proceedings of The Industrial Development Authority of the County of Maricopa for the issuance of its Tax-Exempt and/or Taxable Educational Facilities Revenue Bonds (Ottawa University), Series 2020 in an aggregate amount not to exceed $41,000,000 (C-18-21-013-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman A RESOLUTION OF THE MARICOPA COUNTY BOARD OF SUPERVISORS APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF MARICOPA OF ONE OR MORE SERIES OF ITS TAX- EXEMPT AND/OR TAXABLE EDUCATIONAL FACILITIES REVENUE BONDS (OTTAWA UNIVERSITY), SERIES 2020, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $41,000,000 WHEREAS, The Industrial Development Authority of the County of Maricopa (the “Issuer”) is a nonprofit corporation designated a political subdivision of the State of Arizona incorporated with the approval of the County of Maricopa, empowered under the Industrial Development Financing Act, A.R.S. § 35-701 et seq. (the “Act”), to issue revenue bonds for the purposes set forth in the Act, including the making of secured or unsecured loans for the purpose of financing or refinancing the acquisition, construction, improvement or equipping of a “project” (as defined in the Act); WHEREAS, the Issuer proposes to issue one or more series of its tax-exempt and/or taxable Educational Facilities Revenue Bonds (Ottawa University), Series 2020 (the “Bonds”), in an aggregate principal amount not to exceed $41,000,000, for the benefit of Ottawa University (the “Borrower”), a Kansas nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), founded in 1865, that has two residential campuses: the legacy campus located in Ottawa, Kansas and the Surprise, Arizona campus that first welcomed students in 2017; WHEREAS, the proceeds of the Bonds will be loaned by the Issuer to the Borrower to (a) finance the acquisition and equipping of the residence hall and student union buildings Formal Meeting Minutes Wednesday, September 16, 2020 Page 67 of 84 located on its Surprise, Arizona campus (the “Facilities”), (b) finance or refinance the acquisition of certain equipment used by the Borrower on its Ottawa, Kansas and Surprise, Arizona campuses (the “Equipment”), (c) fund any required reserve funds, and (d) pay certain issuance expenses associated with the Bonds (collectively, the “Project”); WHEREAS, on September 8, 2020, the Issuer resolved (the “Issuer’s Resolution”) to issue the Bonds, the Issuer’s Resolution being conditioned upon, among other things, the granting of approval to the issuance of the Bonds by the Maricopa County Board of Supervisors; WHEREAS, the Issuer’s Resolution has been made available to the Maricopa County Board of Supervisors, and the Issuer’s Resolution has been duly considered this date; WHEREAS, the Issuer’s Resolution authorizes, among other things, the issuance and sale of the Bonds, the execution and delivery of a Bond Indenture, and related financing documents as well as such other documents as required for the issuance of the Bonds; WHEREAS, the terms, maturities, provisions for redemption, security, and sources of payment for the Bonds are set forth in the Bond Indenture and in the form of the Bonds; WHEREAS, copies of the documents providing for the issuance of the Bonds have been made available to the Maricopa County Board of Supervisors, together with the Issuer’s Resolution; WHEREAS, the Maricopa County Board of Supervisors have been informed that the documents have been reviewed by competent Bond Counsel, Engelman Berger, PC, and Bond Counsel has determined that the documents adequately meet the requirements of the Act and the Code; WHEREAS, pursuant to Section 35-721.B of the Act, the proceedings of the Issuer under which the Bonds are to be issued require the approval of the Maricopa County Board of Supervisors for the issuance of the Bonds; WHEREAS, pursuant to Section 147(f) of the Code, the Maricopa County Board of Supervisors must approve the issuance of the Bonds after a public hearing following reasonable public notice; WHEREAS, pursuant to Section 147(f) of the Code, following publication by posting on the Issuer’s website of a Notice of Public Hearing, a public hearing with respect to the Bonds and the location and nature of the Facilities to be financed was held by the Issuer on September 2, 2020, at the Maricopa County Administration Building, First Floor Lobby, 301 West Jefferson, Phoenix, Arizona (a copy of the Notice of Public Hearing is attached hereto and made a part of this Resolution); WHEREAS, a Report of Public Hearing regarding the Public Hearing held on September 2, 2020, has been presented to and considered by the Maricopa County Board of Supervisors; and WHEREAS, it is intended that this Resolution shall constitute approval by the Maricopa County Board of Supervisors with respect to the issuance of the Bonds pursuant to (a) Section 35-721.B of the Act, and (b) Section 147(f) of the Code; Formal Meeting Minutes Wednesday, September 16, 2020 Page 68 of 84 NOW, THEREFORE, BE IT RESOLVED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS, as follows: 1. The issuance by the Issuer of the Bonds in an aggregate principal amount not to exceed $41,000,000 is approved for all purposes under the Act, including specifically Section 35-721.B, and Section 147(f) of the Code. 2. The appropriate officers of the Maricopa County Board of Supervisors are hereby authorized and directed to do all such things to execute and deliver all such documents on behalf of the Maricopa County Board of Supervisors as may be necessary or desirable to effectuate the intent of this Resolution and the Issuer’s Resolution in connection with the issuance of the Bonds. ADOPTED AND APPROVED on September 16, 2020. /s/ Jack Sellers, Vice Chairman ATTEST: /s/ Fran McCarroll, Clerk of the Board 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~ Planning and Development Setting of Hearings - Configuración De Audiencias de Planificación y Desarrollo 60. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the October 7, 2020 Board Meeting: Z2020047 – The Flower Shop – SUP – Dist. 1 Z2020018 – 1017 West Happy Valley Rd. – SUP – Dist. 3 Z2020067 – Holt Property – Mod of Cond. – Dist. 5 MCP2020002 – Marbella West – MCP – Dist. 4 TA2019001 – Wireless Communication Facilities – Text Amendment - All Districts TA2019002 – Variance Timeframe – Text Amendment - All Districts TA2019003 – Home Based Business – Text Amendment - All Districts TA2019004 – C-2 Group Care Facilities – Text Amendment - All Districts (C-44-21-046-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Transportation Setting of Hearings - Configuración De Audiencias de Transportación 61. ROAD FILE NO. 2948-R Set a hearing for October 21, 2020 for Road File No. 2948-R to Open and Declare the following described alignments into the County Transportation System. Formal Meeting Minutes Wednesday, September 16, 2020 Page 69 of 84 The Department of Transportation Director has recommended that Southern Avenue from 51st Avenue to 37th Avenue be declared and accepted into the MCDOT road system. General Vicinity: Southern Avenue and 51st Avenue and in Unincorporated Maricopa County. Supervisor District No. 5 (C-64-21-030-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Steve Gallardo Absent: Clint Hickman CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board Consent Agenda - Secretaria de la Junta Agenda de Consienta ~ Supervisor Gates declared a conflict of interest for item #62 and left the dais ~ 62. SETTLEMENT/RESOLUTION OF PROPERTY TAX CASES AND CLAIMS Pursuant to A.R.S. §§42-16201 through 16258, approve the settlement/resolution of tax cases and claims as listed. 2019/2020: TX2019 001746 (Next Gen Black Canyon); 2020: ST2019-000043 (KJRE LLC); ST2020-000601 (Durango Farms); TX2019-001735 (AV Homes of Arizona); (C-19-21-017-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Steve Gallardo Absent: Clint Hickman Recused: Bill Gates ~ Supervisor Gates returned to the dais ~ 63. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF TRUSTEES FOR WINDSOR SQUARE IWDD NO. 27 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Windsor Square IWDD No. 27: 1.Cancel the election scheduled to be held on November 18, 2020. 2.Appoint Linda Pollack, Barry Oleksak, and Philip Sheinbein as Trustees to fill expired terms. The appointed Trustees shall serve a two year term effective January 1, 2021 through December 31, 2022, 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 3). (C-06-21-010-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 70 of 84 64. CANCELLATION OF ELECTION AND APPOINTMENT TO THE BOARD OF TRUSTEES FOR HOFFMAN TERRACE IWDD NO. 3 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Hoffman Terrace IWDD No. 3: 1. Cancel the election scheduled to be held on November 18, 2020. 2. Appoint Lee Walters and Joyce Moderow as Trustees to fill expired terms. The appointed Trustees shall serve a two year term effective January 1, 2021 through December 31, 2022, 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 3). (C-06-21-065-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 65. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE BOARD OF DIRECTORS FOR MARICOPA WATER DISTRICT NO. 1 Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16- 410(A) and the letter received from Maricopa Water District No. 1. 1. Cancel the election scheduled to be held on November 10, 2020; 2. Appoint Henry C. Conklin and Stanley H. Ashby as Directors to fill the expired terms. The appointed Directors shall serve a three year term commencing January 1, 2021 through December 31, 2023 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 Districts 4). (C-06-21-137-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 66. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE BOARD OF DIRECTORS FOR BUCKEYE WATER CONSERVATION & DRAINAGE DISTRICT Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16- 410(A) and the letter received from Buckeye Water Conservation & Drainage District. 1. Cancel the election scheduled to be held on November 10, 2020; 2. Appoint F. Ronald Rayner as Director Division #2 to fill the expired terms. The appointed Director shall serve a three year term commencing January 1, 2021 through December 31, 2023 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 Districts 4). (C-06-21-146-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 71 of 84 67. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE BOARD OF DIRECTORS FOR MCMICKEN IRRIGATION DISTRICT Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16- 410(A) and the letter received from McMicken Irrigation District. 1. Cancel the election scheduled to be held on November 10, 2020; 2. Appoint Karen Fletcher as Director At Large #2 to fill the expired terms. The appointed Director shall serve a three year term commencing January 1, 2021 through December 31, 2023 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 Districts 4). (C-06-21-147-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 68. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF TRUSTEES FOR RANCHO VENTURA IWDD NO. 65 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Rancho Ventura IWDD No. 65: 1. Cancel the election scheduled to be held on November 20, 2019. 2. Appoint Dave Koger, Matthew Bauer, and Andrea Forman as Trustees to fill expired terms. The appointed Trustees shall serve a two year term effective January 1, 2021 through December 31, 2022, 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 3). (C-06-21-160-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 69. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE BOARD OF DIRECTORS FOR WESTERN MEADOWS IRRIGATION DISTRICT Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16- 410(A) and the letter received from Western Meadows Irrigation District. 1. Cancel the election scheduled to be held on November 10, 2020; 2. Appoint Scott Remelin as Director to fill the expired terms. The appointed Director shall serve a three year term commencing January 1, 2021 through December 31, 2023 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 Districts 3). (C-06-21-162-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 72 of 84 70. 2020 REPORT OF ACTIVE SPECIAL TAXING DISTRICTS Pursuant to A.R.S. § 11-251.07, approve the 2020 Report of Active Special Taxing Districts existing under Title 48 in the County during the preceding year except those municipal and county improvement districts excluded per statute. The 2020 Report of Special Taxing Districts shall be on file in the Office of the Clerk of the Board and retained per ASLPR guidelines. (All Supervisorial Districts) (C-06-21-161-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 71. RICO FUNDS QUARTERLY REPORT Pursuant to A.R.S. § 13-2314.01(F) and 13-2314.03(G), receive the RICO Funds Quarterly Reports regarding asset forfeiture funds for the anti-racketeering revolving funds, from the following entities: (C-06-21-145-X-00) 2020 04-06 City of Mesa Police Department 2020 04-06 City of Scottsdale Police Department 2020 04-06 City of Goodyear Police Department 2020 04-06 City of Chandler Police Department 2020 04-06 City of El Mirage Police Department 2020 04-06 Maricopa County Sheriff's Office 2020 04-06 City of Glendale Police Department 2020 04-06 Maricopa County Attorney's Office 2020 04-06 Town of Gilbert PD and PO Department Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 72. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meeting held June 12, 2019; December 11, 2019; February 12, 2020; February 19, 2020; March 11, 2020; March 27, 2020; April 8, 2020; May 20, 2020; June 8, 2020; June 18, 2020; June 19, 2020; June 30, 2020; July 8, 2020; July 13, 2020; July 20, 2020; July 23, 2020; August 10, 2020; and August 24, 2020. (C-06-21-140-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 73 of 84 73. 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-06-21-164-X-00) Name Warrant No Amount Dept/School Samantha A Smiley 3700340650 1198.25 Littleton Elementary Karen Schuster 3700300766 100.00 West-MEC Elisabeth G Minzer 3700333783 99.97 Riverside Elementary Billy Bounds 3700306226 400.00 Liberty Elementary VISP Group LLC 3700295557 4578.61 Roosevelt Elementary Shadrick Jones 23020927 578.85 Human Services Craig Nelson 3010056368 1568.85 County Attorney Xavier G Bedolla 3700345180 1454.49 Morristown Elementary Miner Southwest 3700227079 726.00 Isaac Elementary Lauren Wolff 3700337906 934.46 Laveen Elementary Brady Industries 3700291145 59.31 West-MEC Daniela E Ball- 3700345100 580.00 Avondale Elementary Norman Image Stuff.com 3700260580 165.90 Isaac Elementary Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 74. CIVIL PENALTY APPEALS – FOR APPROVAL Pursuant to A.R.S. §42-12052, for property owners who timely satisfied the requirements of primary residence status: 1. Approve property owners' appeals of a civil penalty assessment, direct the Assessor to reclassify the subject properties to class three, and waive the civil penalty. 2. Approve the related resolutions associated with changing the legal classification to class 3 (owner occupied) pursuant to A.S.R. §42-12003 and apply State Aid Credit, if applicable. 3. Direct the Treasurer to make conforming corrections to the property owners’ tax bills and send notifications of the change in tax liability. List of recommended parcels is attached and will be on file in the Clerk of the Board's Office in accordance with LAPR approved retention schedule. (C-06-21-168-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Formal Meeting Minutes Wednesday, September 16, 2020 Page 74 of 84 75. DONATIONS In accordance with County Policy A2508, accept the monthly donation report received from Parks and Recreation for August 2020, for a Cash Value of $841.64. (C-06-21-169-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Supervisor Chucri said thank you for the donations received. BOARD OF SUPERVISORS ADDENDUM - ADÉNDUM DE LA JUNTA DE SUPERVISORES Board of Supervisors 76. CARES ACT EXPENDITURE APPROVAL Approve the following uses of CARES Act funding consistent with the Board of Supervisors approved priorities. (C-06-21-174-X-00) County Manager - Communications - Marketing of County COVID services for residents estimated at $200,000 Elections - Permanent Early Voter List mailer for General Election estimated at $150,000 Recorder - Website redesign to enhance online services for residents estimated at $150,000 Fire Districts – through ACM 950 - Sun City Fire and Medical COVID cost reimbursement estimated at $278,736 - Buckeye Valley Fire COVID cost reimbursement estimated at $202,489 Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman ~ Agenda item #77 was taken out of order and heard prior to item #5 ~ 77. APPROVE THE FOLLOWING CHANGES TO THE CARES ACT BUDGET 1. Add $40,000,000 to the “Supporting Small Businesses” budget to allow for expansion of the existing small business program. 2. Add $6,250,000 to the “Homelessness Response and Prevention” budget to allow for expansion of the existing rental assistance program. 3. Add $5,000,000 to the “Providing Essential Health and Emergency Response” budget for the schools support program. 4. Reduce the “Making County Services and Workspaces Safe” budget by $30,000,000. 5. Reduce the “Ongoing Emergency Preparedness and Response” line within the “Providing Essential Health and Emergency Response” budget by $21,250,000. Formal Meeting Minutes Wednesday, September 16, 2020 Page 75 of 84 6. Allocate $6,000,000 in the “Supporting Individuals and Families” budget to a new utility assistance program. 7. Allocate $3,000,000 in the “Supporting Individuals and Families” budget to a new foodbank support program. (C-06-21-174-X-00) Elections 78. LEASE AGREEMENT L-7506 WITH EC CROSSROADS II, LLC Approve and execute Lease Agreement L-7506 (Agreement) with EC Crossroads II, LLC (Lessor) for the use of 3,528 square feet of rental space located at 6750 W. Peoria Ave., Suite 138, Peoria Arizona 85345; and approve and authorize the Deputy County Manager for Maricopa County or the Real Estate Director for Maricopa County, each individually and separately, to administer this Agreement as appropriate and necessary, which authority includes but is not limited to, execution of Subordination, Non-Disturbance and Attornment, Estoppel, and Notice documents. The purpose of this agreement is to allow Maricopa County (Lessee) exclusive use of the premises as a polling location and other associated activities/use/services for the upcoming 2020 General election. The term of the Agreement shall commence on the effective date, September 21, 2020, for a period of three (3) months expiring on December 20, 2020. Lessee agrees to pay as gross rent, split into two equal installments, the sum of $25,000. Lessee is also responsible to reimburse Lessor for utility and maintenance costs for the premises. This Agreement is subject to A.R.S. § 38-511 and may be terminated due to non-appropriation of funds or by mutual agreement. This is located in Supervisory District 4. (C-36-21-008-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 79. LEASE AGREEMENT L-7508 WITH MORRIS FAMILY TRUST Approve and execute Lease Agreement L-7508 (Agreement) with Morris Family Trust Dated October 18, 2013 (Lessor) for the use of 1,540 square feet of rental space located at 1730 E. Warner Rd., Suite 3, Tempe Arizona 85284; and approve and authorize the Deputy County Manager for Maricopa County or the Real Estate Director for Maricopa County, each individually and separately, to administer this Agreement as appropriate and necessary, which authority includes but is not limited to, execution of Subordination, Non-Disturbance and Attornment, Estoppel, and Notice documents. The purpose of this agreement is to allow Maricopa County (Lessee) exclusive use of the premises as a polling location and other associated activities/use/services for the upcoming 2020 General election. The term of the Agreement shall commence on the effective date, September 21, 2020, for a period of approximately two (2) months expiring on November 10, 2020. Lessee agrees to pay as full-service gross rent, in two equal monthly installments the sum of $11,500 each. This Agreement is subject to A.R.S. § 38-511 and may be terminated due to non-appropriation of funds or by mutual agreement. This item is located in Supervisory District 1 (C-36-21-006-X-00) Formal Meeting Minutes Wednesday, September 16, 2020 Page 76 of 84 Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 80. APPROPRIATION ADJUSTMENT FOR GRANT FUNDING FROM STATE AZVOTESAFE Approve and authorize the Elections Department to submit application for the AZVoteSafe Election sub grant program administered by the Governor’s Office in coordination with the Secretary of State’s Office, and authorize the Chairman to approve the receipt of any and all such funds awarded. The program will support statewide and county elections agencies with funding to prevent, prepare for, and respond to the coronavirus outbreak, domestically or internationally, for the 2020 Federal election cycle. Elections remain the cornerstone of American democracy and the AZVoteSafe Program supports continued voter participation and efficient, secure, and safe elections during the COVID-19 outbreak. The grant does not allow for indirect costs for which the County is eligible. The Maricopa County Elections Department composite indirect cost rate for FY 21 is 68% or $1,510,197.04. The recoverable indirect cost of administering this grant is $0; the non-recoverable indirect cost is $1,510,197.04. Non-recoverable indirect costs will be covered by the departmental general fund budget. This grant is non-competitive and does not require a match or on-going cash contributions after the grant period end date. The grant award is nonrecurring and has not been awarded to the department in past years. The total amount of funds requested is $2,220,878.00. The grant period will cover the periods March 28th, 2020 through December 3rd, 2020. In accordance with A.R.S.42-17106(B), approve a revenue and expenditure appropriation adjustment increasing the FY 2020-21 Elections Department (210) Elections Grant Fund (248) Non-Recurring/Non-Project (NRNP) expenditures in the amount of $2,220,878.00. 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. This budget adjustment does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Maricopa County and the Elections Department are eligible to apply for and receive grant funding through various state agencies. Maricopa County must apply for these funds and the Board of Supervisors must duly authorize the application. (C-36-21-001-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Bill Gates Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman Parks and Recreation 81. SETTLEMENT AND MUTUAL RELEASE AGREEMENT WITH TRES RIOS GOLF, LLC Approve and execute the Settlement and Mutual Release Agreement (“Settlement”) between Maricopa County (“County”) and Tres Rios Golf, LLC (“Tres Rios”), On July 6, 2020, Tres Rios, a subsidiary of C-Bons International Golf Group (CBIGG) gave notice to the County of its intent to terminate their Use Management Agreement with the Formal Meeting Minutes Wednesday, September 16, 2020 Page 77 of 84 County (Agreement) early. Tres Rios is the concessionaire under the current Agreement, which expires in April 30, 2037. Under the terms of the Agreement the parties may mutually agree to terminate without cause upon one hundred and eighty (180) days’ notice by the party requesting the termination. On August 14, 2020, concessionaire notified the County that it planned to close Tres Rios Golf Course effective August 17, 2020 citing prolonged business losses at the course further complicated by the COVID-19 pandemic. Under the Settlement, the concessionaire will make a payment to the County totaling $33,870.99. This item was heard in executive session on August 10, 2020 and August 31, 2020. This item is located in Supervisory District: 5 (c-30-04-027-1-03) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 82. ASSIGNMENT OF USE MANAGEMENT AGREEMENT WITH TRES RIOS GOLF, LLC Approve and execute an Assignment of Use Management Agreement (Assignment Agreement) among Tres Rios Golf, LLC, and Southwest Golf Management, LLC, regarding the Use Management Agreement (UMA) between Maricopa County and Tres Rios Golf, LLC, originally approved on March 12, 1997 and as later amended. Pursuant to the Assignment Agreement, Maricopa County consents to the assignment of the UMA from Tres Rios Golf, LLC to Southwest Golf Management, LLC for the management, operation and maintenance of the Tres Rios Golf Course, all detailed in the UMA, as previously amended. This Assignment Agreement is the result of a solicitation (#210127-RFP Request for Proposals for Use Management Agreement for the Tres Rios Golf Course) released by the County on August 24, 2020. Southwest Golf Management, LLC’s principals have over 30 years of public and private golf course management expertise. They previously managed three golf courses in Arizona, one of which was just recently sold (Falcon Dunes) and currently manage three golf courses in California. This item was heard in executive session on August 10, 2020 and August 31, 2020. This item is located in Supervisory District: 5 (C-30-04-027-1-04) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 83. AMENDMENT FIVE TO USE MANAGEMENT AGREEMENT WITH SOUTHWEST GOLF MANAGEMENT, LLC Approve and execute Amendment Five to the Use Management Agreement between Maricopa County (“County”) and Southwest Golf Management, LLC (“Concessionaire”) (C- 30-04-027-1-05). The purpose of Amendment Five is to address, among other things, the following: (i) Concessionaire shall provide documentation to demonstrate adequate financing to complete phased improvement projects per Amendment Five Exhibit A; and Formal Meeting Minutes Wednesday, September 16, 2020 Page 78 of 84 (ii) Concessionaire shall establish a reserve fund that shall forfeit to Maricopa County upon termination for cause or default; and (iii) Amend the payment schedule; and (iv) Modify the term of the agreement through December 31, 2050; and (v) Other administrative actions. All other terms and conditions of the Agreement shall remain in full force and effect. This Amendment Five shall be effective upon approval and signature by both Parties. This item was heard in executive session on August 10, 2020 and August 31, 2020. The reduction in revenue has already been budgeted in FY21. This item is located in Supervisory District: 5 (C-30-04-027-1-05) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman MEETING RECESSED Vice Chairman Sellers recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Vice Chairman Sellers reconvened the Board of Supervisors. CALL TO THE PUBLIC - LLAMADO AL PUBLICO 91. 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.) For meetings held by webinar or similar programs: 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 límite 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.) Para juntas llevadas a cabo por medio de webinar o programas similares: comentarios por escrito serán resumidos durante la junta anotando el o los temas. Todo comentario por escrito será enviado a cada Oficina de Supervisores para su revisión. Formal Meeting Minutes Wednesday, September 16, 2020 Page 79 of 84 Vice Chairman Sellers asked the Clerk if there were any public comments. The Clerk reported there were 34 questions, comments, or concerns on mask regulations. There were 9 comments about the Maricopa County Animal Care and Control volunteer program and asking if it would start up again. SUMMARY OF CURRENT EVENTS - EL RESUMEN DE TEMAS DE ACTUALIDAD 92. Supervisors'/County Manager's summary of current events - Resumen de temas de actualidad de los Supervisores/Administrador del Condado Joy Rich reminded everyone to get the flu shot. Supervisor Chucri thanked Vice Chairman Sellers for Chairing the meeting in Chairman Hickman’s absence. He then left the meeting for the duration. Supervisor Gallardo thanked Vice Chairman Sellers for leading this meeting. Supervisor Gates said he attended the Bridge Forum with Vice Chairman Sellers and the discussion was on social justice and professional sports. The next Bridge Forum will be concerning mental health which is a very important subject as well. He said he is looking forward to speaking at the East Sunnyslope Neighborhood Association meeting on September 29, 2020 at 7 p.m. Due to COVID-19 recommendations, it will be an outdoor meeting. Vice Chairman Sellers said he dropped off a CARES check to Sun Lakes Fire District. The personnel who received the check for the unincorporated-area Fire District were very appreciative of the money. Vice Chairman Sellers recently attended the East Valley Partnership Transportation Committee meeting and said they are now referred to as the Critical Infrastructure and Transportation Committee. The name was changed to reflect the inclusion of water resources as part of their focus. The Clerk said the comments that were submitted under Public Comment would be forwarded to all the Districts offices. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _________________________________ Jack Sellers, Vice Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, September 16, 2020 Page 80 of 84 FLOOD CONTROL DISTRICT AGENDA - AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES The Board of Directors of the Flood Control District convened in Formal Session at 9:30 AM on Wednesday, September 16, 2020, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Jack Sellers, Vice Chairman, District 1; Steve Chucri, Director, District 2 (telephonic); Bill Gates, Director, District 3; Steve Gallardo, Director, District 5. Absent: Clint Hickman, Chairman, District 4. Also present: Fran McCarroll, Clerk; Joy Rich, County Manager; Andrea Cummings, Legal Counsel (telephonic); Kelly Gardiner, Minutes Coordinator. 84. RELEASE OF EASEMENT INTEREST REGARDING CERTAIN FLOOD CONTROL DISTRICT PARCELS Pursuant to FCD 1999R016, approve, and authorize execution of, the Release of Easement Interest to release the Flood Control District’s (District) beneficial interest in that certain Drainage Easement, recorded August 13, 1990 as document 90-0365462 in the Maricopa County Recorder’s Office (Easement), that is not needed for project purposes. The parcels are known as FCD Parcels R-245-FL and R-2-FCD The easement area: 1. Is located near the New River Channel project, north of Camelback Road, west of 107th Avenue. 2. Affects portions of Assessor Parcel Numbers 102-59-007H and 102-59-007G, acquired by FCD in 1994 and 1998 respectively. District staff has reviewed the City of Phoenix’s request to release the District’s beneficial interest in the Easement and has responded that the Easement is not needed for project purposes. This item is located in Supervisorial District #4. (C-69-21-021-X-00) Motion to approve by Director Bill Gates, seconded by Director Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 85. ON-CALL CONTRACT FOR NORTH PEORIA AREA DRAINAGE MASTER STUDY/PLAN UPDATE Award Contract FCD 2020C004 On-Call Services for the North Peoria Area Drainage Master Study and Plan Update to Stantec Consulting Services, Inc. to provide professional engineering services. The contract will be effective for 730 calendar days from the date of execution or the expenditure of $750,000.00, whichever comes first. The Flood Control District of Maricopa Country (District) and Stantec Consulting Services, Inc. will mutually agree to a detailed scope of work for each work assignment. This is a qualifications-based selection in accordance with the Maricopa County Procurement Code, Article 5, Paragraph 504 and Article 5 Procurement Procedures Manual, Chapter II – Section 2 The North Peoria ADMS/P Update will update and refine the findings of the original North Peoria ADMP completed in 2001 (FCD contract 99-45). The purpose of the North Peoria ADMS/P Update is to identify flooding problems due to recent land use changes within the watershed using updated 2-foot contour mapping. This Agenda Item impacts Supervisor Districts 3 and 4. (C-69-21-020-X-00) Formal Meeting Minutes Wednesday, September 16, 2020 Page 81 of 84 Motion to approve by Director Bill Gates, seconded by Director Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 86. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meeting held June 12, 2019; February 12, 2020; April 8, 2020; and May 20, 2020. (C-06-21- 144-X-00) Motion to approve by Director Bill Gates, seconded by Director Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 87. DECLARE/SELL EXCESS PARCEL RE PORTION OF FCD A022-006 Board of Directors declare a portion of one (1) parcel as excess to the needs of the District. Conveyance documents for the sale of the parcels will be presented to the District Board of Directors for acceptance and signature at time of sale. Parcel information: 1. South of W. Olive Ave. & West of N. Reems Rd. 2. Parcel Information: a. APN 501-48-004V/FCD Parcel A022-006, 32,000 sf or 0.73 acres +/-, Zoning PAD, Glendale The District utilizes its Disposition Program on all excess properties to evaluate them for the best potential of sales or leasing, depending on current market information. The property would be a direct sale to the Maricopa County Department of Transportation for the MCDOT project TT0562 - Olive Avenue: Sarival Avenue to Reems Road Roadway Widening for a minimum of market value, as determined by appraisal. This item is located in Supervisory District #4. (C-69-21-022-X-00) Motion to approve by Director Bill Gates, seconded by Director Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman 88. AGREEMENT WITH ARIZONA SPORTS COMPLEX REGARDING PAYMENT REDUCTION AND DEFERRAL Approve and authorize execution of Payment Reduction and Deferral Agreement which reduces rent payment by 50% and defers the due date for Arizona Sports Complex’s (ASC) quarterly payment in the amount of Twenty-Two Thousand Eight Hundred Dollars and No/100 ($22,800.00) to Eleven Thousand Four Hundred Dollars and No/100 ($11,400.00) that was due on April 1, 2020 to April 1, 2021. ASC leases a 5.583 acre portion of FCD Parcel P-6611 (APN 206-40-002) near Adobe Dam (west of 35th Avenue and south of Pinnacle Peak Rd). Under the terms of the ground lease with the District, ASC constructed and operates a 52,000sf sports and recreation building, an outdoor soccer arena and its associated parking lot. Formal Meeting Minutes Wednesday, September 16, 2020 Page 82 of 84 ASC's lease was amended in early 2020 (Amendment to Lease Agreement AD2004-01 Phase 1, recorded February 20, 2020, C-69-19-025-6-01) to extend the term of the lease, establish a new quarterly payment schedule, clarify maintenance responsibilities, and add a provision requiring annual structural inspections of the Lessee’s improvements. COVID-19 was already a global concern at the time the amendment was fully executed. To combat the spread of the COVID-19 pandemic, on March 17, 2020, following updated guidance from the Centers for Disease Control and Prevention, the Arizona Department of Health Services issued updated guidance that included preventing gatherings of 10 or more people, thereby further limiting certain types of recreation activities, leagues, and programs. In light of the statewide Executive Orders for closures and curtailed events which negate income at the leased property, on March 23, 2020, Lessee requested that Lessor consider abatement of rents and defer the quarterly payment due on April 1, 2020. This item is located in Supervisory District #3 (C-69-19-025-6-02) Motion to approve by Director Bill Gates, seconded by Director Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _________________________________ Jack Sellers, Vice Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, September 16, 2020 Page 83 of 84 LIBRARY DISTRICT AGENDA - AGENDA DEL DISTRITO DE BIBLIOTECA The Board of Directors of the Library District convened in Formal Session at 9:30 AM on Wednesday, September 16, 2020, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Jack Sellers, Vice Chairman, District 1; Steve Chucri, Director, District 2 (telephonic); Bill Gates, Director, District 3; Steve Gallardo, Director, District 5. Absent: Clint Hickman, Chairman, District 4. Also present: Fran McCarroll, Clerk; Joy Rich, County Manager; Andrea Cummings, Legal Counsel (telephonic); Kelly Gardiner, Minutes Coordinator. 89. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District meeting held June 12, 2019; April 8, 2020; and May 20, 2020. (C-06-21-143-X-00) Motion to approve by Director Steve Gallardo, seconded by Director Steve Chucri Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _________________________________ Jack Sellers, Vice Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, September 16, 2020 Page 84 of 84 STADIUM DISTRICT ADDENDUM - ADÉNDUM DEL DISTRITO DE ESTADIO The Board of Directors of the Stadium District convened in Formal Session at 9:30 AM on Wednesday, September 16, 2020, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Jack Sellers, Vice Chairman, District 1; Steve Chucri, Director, District 2 (telephonic); Bill Gates, Director, District 3; Steve Gallardo, Director, District 5. Absent: Clint Hickman, Chairman, District 4. Also present: Fran McCarroll, Official Record Keeper; Joy Rich, County Manager; Andrea Cummings, Legal Counsel (telephonic); Kelly Gardiner, Minutes Coordinator. 90. ADMINISTRATIVE CORRECTION FOR STADIUM DISTRICT ANNUAL AUDIT Approve the administrative correction to the Clifton Larson Allen LLP, June 30, 2020, Stadium District annual financial statement audit engagement letter originally approved on August 19, 2020 (C-18-21-005-X-00). The original engagement letter approved by the Board referenced Minnesota law, this reference was removed in the updated audit engagement letter. (C-18- 21-005-X-00) Motion to approve by Director Steve Chucri, seconded by Director Steve Gallardo Ayes: Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Absent: Clint Hickman MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _________________________________ Jack Sellers, Vice Chairman of the Board ATTEST: _______________________________ Fran McCarroll, Official Record Keeper