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Board Members Steve Chucri, Chairman, District 2 Bill Gates, Vice Chairman, District 3 Denny Barney, District 1 Clint Hickman, District 4 Steve Gallardo, District 5 County Manager Joy Rich "The mission of Maricopa County is to Clerk of the Board provide regional leadership and fiscally Fran McCarroll responsible, necessary public services to Meeting Location its residents so they can enjoy living in Supervisors' Auditorium healthy and safe communities” 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control District 48 Library District 50 Stadium District No Meeting Board of Deposit No Meeting Wednesday, October 24, 2018 9:30 AM Formal Meeting Minutes Wednesday, October 24, 2018 Page 2 of 50 Supervisor Gates introduced Jill Hicks stating he has known her for many years. She is part of Schools Connect, and was a liaison for the Washington Elementary School District. She helped organize the Business Outreach Group that often has 300 to 400 participants. He said she is a supporter of education in the District 3 Moon Valley Area and thanked Ms. Hicks for her presence. 1. INVOCATION - INVOCACIÓN Jill Hicks offered the Invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Jill Hicks led the assemblage in the Pledge of Allegiance to the Flag. 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, October 24, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; and Denny Barney, District 1. Absent: Clint Hickman, District 4; and Steve Gallardo, District 5. Also present: Debra Schaffer, Deputy Clerk of the Board; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Jose Santiago, Maricopa County Animal Care and Control (MCACC), presented three- sibling Chihuahua puppy mixes containing one male and two females. They would be available in two weeks for a $300.00 adoption fee each at the West Valley Shelter located at 2500 S. 27th Avenue, Phoenix, AZ 85009. The money from the adoptions would assist in saving 21 other animals within the shelter. For information concerning adoptions, contact 602-506-PETS or visit www.pets.maricopa.gov. PRESENTATIONS - PRESENTACIÓNES 5. EMPLOYEE SERVICE AWARDS Acknowledge and present the following employees with service award plaques recognizing their 30 or more years of public service and contributions to the residents of Maricopa County. (C-31-19-011-M-00) 30 YEARS Edgar R. Dunn Ana Gorbenko Bill Grimes Jose Morales Marty Scott Formal Meeting Minutes Wednesday, October 24, 2018 Page 3 of 50 Cindi Barocas Leslie Ebratt Anna M. Unterberger John W. Taradash Susan Wesch 35 YEARS Sara Esperanza Fierro 40 YEARS Saul Soto Chairman Chucri spoke regarding the presentation of awards for employees who have served for 30 or more years. He introduced Jan Plank, Director of Human Resources, as the presenter of the awards. Ms. Plank presented service recognition awards to the following employees who had photos taken with the Board of Supervisors, their department heads and supervisors. 30 Years of Service Edgar R. Dunn Equipment Services Ana Gorbenko Flood Control *Bill Grimes Department of Transportation Jose Morales Department of Transportation Marty Scott Department of Transportation Cindi Barocas Adult Probation Leslie Ebratt Adult Probation Anna M. Unterberger Public Defender’s Office John W. Taradash Public Defender’s Office Susan Wesch Public Defender’s Office 35 Years of Service Sara Esperanza Fierro Public Defender’s Office 40 Years of Service Saul Soto Animal Care and Control * Employee not present Chairman Chucri stated it is rewarding to see so many talented employees and it is a testimony of why Maricopa County is such a special place. He thanked and congratulated all of the award recipients. Formal Meeting Minutes Wednesday, October 24, 2018 Page 4 of 50 Chairman Chucri noted that items PZ-2 and PZ-3 would be taken separately and not during the Planning and Zoning Consent Agenda section. PLANNING AND ZONING AGENDA AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN ***The Board of Supervisors will now consider matters related to Planning and Zoning*** CONSENT AGENDA - AGENDA DE CONSIENTA PZ-1. CROWN PIR 826663 Case #: Z2018036 Supervisor District: 5 Applicant /Owner: Michael Campbell, Crown Castle / MGM Enterprises, PIR LLC Request: Special Use Permit (SUP) renewal for an existing Wireless Communication Facility in the Rural-43 zoning district Site Location: Generally located 1,700’ southeast of the intersection of Southern Ave. and Avondale Blvd. in the Avondale area Commission Recommendation: On 9/20/18, the Commission voted 9-0 to recommend approval of Z2018036 subject to conditions ‘a’ – ‘h’: a. Development of the site shall comply with the Site Plan entitled “Crown Castle BUN # 826663 “, consisting of 7 full-size sheets, stamped received July 12, 2018 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “CAMPBELL A&Z, LLC Special Use Project Narrative”, consisting of six (6) 8.5” x 11” pages dated April 9, 2018, revised July 9, 2018 and stamped received July 12, 2018, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. Drainage Clearance will need to be obtained prior to issuance of a building permit(s). d. The maximum height of the Wireless Communication Facility shall be limited to 80’. e. A Minor SUP Amendment shall be required to co-locate future carriers on the Wireless Communication Facility. f. This Special Use Permit shall expire 25 years (October 24, 2043) from the date of approval by the Board of Supervisors for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. Formal Meeting Minutes Wednesday, October 24, 2018 Page 5 of 50 h. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-19-049-M-00) Motion to concur with the Planning Commission recommendation for approval subject to conditions ‘a’ – ‘h’ by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo NOTE: Agenda item PZ-4 was taken out of order and heard before agenda items PZ-2 and PZ-3. PZ-4. MAP OF DEDICATION FOR EL MIRAGE ROAD @ COLDWATER RANCH, PARCEL 1 Case #: S2018030 Supervisor District: 4 Applicant/Owner: HilgartWilson, LLC / Courtland Communities Request: Map of Dedication for a segment of El Mirage Rd. Site Location: Generally the east half of the El Mirage Rd. alignment south of Jomax Rd. alignment Staff Recommendation: Approval (C-44-19-052-M-00) Motion to concur with Planning Staff recommendation for approval by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo NOTE: Agenda item PZ-3 was taken out of order and heard before agenda item PZ-2. Formal Meeting Minutes Wednesday, October 24, 2018 Page 6 of 50 PZ-3. JOHNSON CORNERS @ 99TH & NORTHERN Case #: Z2017011 Supervisor District: 4 Applicant /Owner: Stephen W. Anderson, Gammage & Burnham / 99th & Northern, LLC, Michael Rasmussen Request: Zone Change from Rural-43 to C-2 Site Location: Located at the southeast corner of 99th Ave. and Northern Ave. in the Glendale area Commission Recommendation: On 9/20/18, the Commission voted 9-0 to recommend approval of Z2017011 subject to conditions ‘a’ – ‘h’: a. Development of the site shall substantially comply with the Zoning Exhibit entitled “Johnson Corners @ 99th & Northern”, consisting of one full-size sheet, undated, and stamped received April 17, 2018, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Johnson Corners @ 99th & Northern”, consisting of ten pages, August 8, 2018, and stamped received August 8, 2018, 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 drainage design, site access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A Traffic Impact Study (TIS) must be submitted to Maricopa County, the City of Peoria and the City of Glendale with the Plan of Development (POD) application for this site. The TIS must be approved by each of the above jurisdictions prior to approval of a POD. Access to Northern Avenue (at the 98th Avenue alignment/Park West) shall be prohibited unless it is justified by a TIS approved by the County, City of Peoria and the City of Glendale. 3. The Owner must dedicate, to the County, 65 feet of right-of-way along the site’s frontage of 99th Avenue and Northern Avenue within six (6) months of the date of BOS approval of this case, or prior to POD approval and zoning clearance for construction permitting, whichever occurs first. The ultimate half-street improvements for 99th Avenue and Northern Avenue; and timing of construction of said improvements will be determined prior to POD approval. 4. The planned Northern Parkway’s final alignment has yet to be determined. The Northern Parkway’s alignment may significantly impact the site’s design as shown on the “illustrative plan” submitted with the application. This re-zoning approval in no way approves any part of said “illustrative plan”. d. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. Formal Meeting Minutes Wednesday, October 24, 2018 Page 7 of 50 f. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowners. The granting of this approval allows the property owners 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, a hearing shall be scheduled with the Board of Supervisors for consideration to revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. h. C-2 zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6. The applicant, or their successor, must obtain approval of a Plan of Development (POD) or zoning clearance within two (2) years of the date of C-2 zoning approval by the Board of Supervisors (BOS). The applicant, or their successor, must obtain and complete initial construction permitting for commercial occupancy within three (3) years of BOS approval. Also, within two (2) years of BOS approval, the applicant, or their successor, shall have entered into a pre-annexation agreement and utility service agreement with the City of Glendale. The applicant, or their successor, shall submit an annual status report prior to the anniversary of original BOS approval. The report shall demonstrate status of the project and compliance with the conditional zoning schedule of development deadlines. If this conditional zoning development schedule is not met, the conditional zoning will be scheduled for public hearing before the BOS, after recommendation from the Planning and Zoning Commission, for consideration of reversion of the zoning to Rural-43. (C-44-19-051- M-00) Planning and Development Staff approached to answer questions or concerns regarding items PZ-2 and PZ-3. David Williams, Planning Administrator for City of Glendale, submitted a letter of opposition to place on file with the Clerk of the Board of Supervisors. He noted the intent of the City of Glendale to annex the property in the future because of its proximity to the Westgate Entertainment District, which is located within the City of Glendale. He noted opposition to County entitlement of the property and would prefer the City of Glendale rezoning and entitlement process to follow annexation policy for growth management purposes, coordinating infrastructure needs and design compatibility with the City of Glendale. The City of Glendale requires the property to be annexed in order to obtain city services. Steven Anderson, spoke on behalf of the applicant regarding Mr. Williams comments. The request is a land use case and there is no final development or plat for the property. He noted the request correlates with the current commercial land use in the area. City of Glendale’s concern was expected and he acknowledged that infrastructure would need to take place within the City of Glendale. The applicant is in full agreement that the annexation occur as part of the development. Both the Planning and Development Staff and the Commission recommended the case for approval. He said the City of Glendale submitted a letter at the Planning and Development hearing but they did not appear. Prior to the hearing there was no opposition voiced by the City of Glendale. He Formal Meeting Minutes Wednesday, October 24, 2018 Page 8 of 50 explained that in 1997, the City of Glendale became the first valley municipality to adopt a citizen participation ordinance as part of their zoning code, which was designed to identify concerns early on in the process. He finds it ironic that the City of Glendale is voicing their opposition at the last possible moment. The case has been in process for nearly two years due to circumstances of which he explained. In September of 2016, the case was presented to the City of Glendale and they submitted an email to the County in March 2017, with no indication of opposition at that time although they expressed a preference of annexation. In April 2018, a mailing was sent to the City of Glendale from the applicant and there was no response. In May 2018, a traffic study was submitted to the City of Glendale and there was no response. In June 2018, he spoke to Sam McAllen, City of Glendale Development Services Director. He noted his discontent when in September 2018, opposition was received from the City of Glendale after they had many opportunities to respond earlier in the process. He reiterated there is a stipulation that addresses the City of Glendale’s issue of annexation, which will be done at the appropriate step in the process. Supervisor Barney noted the Board’s appreciation of the partnerships with all political subdivisions of the State. He questioned the City of Glendale’s opposition when there is a stipulation that states that within two years the applicant would need to approach the City of Glendale with an agreement. Mr. Williams responded that the Glendale City Council has an adopted annexation policy. Rezoning and entitlement is a component of that policy. The applicant has been aware since May 2018 of the City of Glendale’s opposition to the project. The City of Glendale also opposed the project during the Planning and Development process. It is a matter of doing the entitlements the City of Glendale way to be consistent with the aesthetics of the surrounding community. The City of Glendale agrees with the land use as proposed. It is simply a matter of following the City of Glendale’s adopted policy, having the development reviewed and approved by the City of Glendale. Supervisor Barney asked the Planning and Development staff if once the property is annexed into the City of Glendale if the applicants must comport with their ordinance. Jennifer Pokorski, Director of Planning and Development, responded the applicant would have the County zoning requirements grandfathered in when they are annexed by the City of Glendale. Supervisor Barney asked if the issue is about the requirements not comporting with what the City of Glendale would like to see. Mr. Williams responded there would be no City of Glendale land use entitlement, density or intensity review post a Maricopa County action to rezone the property. Supervisor Barney said the applicant is coming to City of Glendale either way but the question is whether the City of Glendale can live with the C-2 zoning applied to this applicant. Mr. Williams stated if it is the wish of the Board, the City of Glendale will make the best of the situation to work with the property owner to have a high quality development. The City of Glendale wanted to express their preference on the review processes. Ms. Pokorski reviewed the item and noted staff approval of the land use for the location. To address the City of Glendale’s concerns, the request is a conditional rezoning, which states the applicant must have a pre-annexation and utility service agreement with the City of Glendale within 2 years. If the deadline is not met, the case can come back to Formal Meeting Minutes Wednesday, October 24, 2018 Page 9 of 50 the Board to possibly revert the property back to the Rural 43 zoning. Chairman Chucri stated that is fair and pragmatic. Motion to concur with the Planning Commission recommendation for approval subject to conditions ‘a’ – ‘h’ by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo PZ-2. SKY EXTRACTION FACILITY Case #: Z2018070 Supervisor District: 1 Applicant /Owner: Benjamin Tate, Withey Morris, PLC / Grace Capital Investment Corporation Request: Special Use Permit (SUP) for an Interim Industrial use to allow medical marijuana extraction at an existing dispensary, for sale to third party license dispensaries Site Location: Generally located on the south side of Elliot Rd., between I-10 and 51st St. in the Phoenix/Ahwatukee area Commission Recommendation: On 9/20/18, the Commission voted 9-0 to recommend approval of Z2018070 subject to conditions ‘a’ – ‘e’: a. Development of the site shall be in general conformance with the Site Plan entitled “Sky Extraction Facility SUP Interim Industrial“, consisting of 1 full-size sheet, dated August 8, 2018, and stamped received August 17, 2018, except as modified by the following conditions. b. Development of the site shall be in general conformance with the Narrative Report entitled “Sky Extraction SUP Interim Industrial Project Narrative”, consisting of 13 pages, dated August 17, 2018, and stamped received August 17, 2018, except as modified by the following conditions. c. This Special Use Permit shall expire 10 years from the date of approval by the Board of Supervisors (October 24, 2028) for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. d. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. e. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that Formal Meeting Minutes Wednesday, October 24, 2018 Page 10 of 50 either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-19-050-M-00) Supervisor Barney asked the applicant representative to move to the front to address any questions and asked the Planning and Development staff to give a review of the item. Jennifer Pokorski, Director of Planning and Development, reviewed the item noting the necessity of the Special Use Permit. The Planning and Zoning Commission recommended approval for 10 years. After discussion of the item with Supervisor Barney and internal staff, it was found that there is a lack of clarity on the zoning ordinance. Approval of the Special Use Permit for 2 years would give the applicant an opportunity to either relocate the facility, rezone the facility or seek a text amendment. It will allow time to find clarity on the use and if it is allowed in commercial zoning. Amending the zoning ordinance is a public process that will follow the guidelines for public stakeholder input as noted in the Enhanced Regulatory Outreach Program and would ultimately require approval by the Board. Staff is recommending approval of the Special Use Permit be approved for 2 years to allow the applicant to move forward in the process. Supervisor Barney thanked Ms. Pokorski for the overview of the item. He stated Benjamin Tate was present to speak. Benjamin Tate, representative for the applicant Zone Land Holdings, noted he is present to answer any questions. Supervisor Barney noted the intent of the County to appropriately manage and regulate the request. The County is working with the applicant by providing a path to move forward in the process in order to protect the integrity of the zoning ordinance. He spoke of his conversation with representatives of the applicant regarding the item and the expiration change from 10 years to 2 years. He stated he is prepared to move the item forward as stated by Ms. Pokorski’s amendment to accept all of the stipulations presented by the Planning Commission with the amendment of 2 years. Mr. Tate thanked the Board for their support and noted the applicant’s concern of the uncertainty the amendment creates. He said the applicant is looking forward to working with staff and moving forward in the process. Supervisor Barney noted staff is ready to work with the applicant to move forward in the process. He spoke about balancing the needs of the applicant and integrity of the zoning code. Motion was made by Supervisor Barney to concur with the Planning Commission recommendation for approval as amended subject to conditions ‘a’ – ‘e’ with revision to condition ‘c’ as noted in the following proposed verbatim language (language to be added is underscored, language to be deleted is struck-through): Formal Meeting Minutes Wednesday, October 24, 2018 Page 11 of 50 c. This Special Use Permit shall expire 102 years from the date of approval by the Board of Supervisors (October 24, 20280) for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. Motion was seconded by Supervisor Gates. Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo NOTE: Agenda item PZ-3 was taken out of order and heard before agenda item PZ-2. PZ-3. JOHNSON CORNERS @ 99TH & NORTHERN Case #: Z2017011 Supervisor District: 4 Applicant /Owner: Stephen W. Anderson, Gammage & Burnham / 99th & Northern, LLC, Michael Rasmussen Request: Zone Change from Rural-43 to C-2 Site Location: Located at the southeast corner of 99th Ave. and Northern Ave. in the Glendale area Commission Recommendation: On 9/20/18, the Commission voted 9-0 to recommend approval of Z2017011 subject to conditions ‘a’ – ‘h’: a. Development of the site shall substantially comply with the Zoning Exhibit entitled “Johnson Corners @ 99th & Northern”, consisting of one full-size sheet, undated, and stamped received April 17, 2018, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Johnson Corners @ 99th & Northern”, consisting of ten pages, August 8, 2018, and stamped received August 8, 2018, 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 drainage design, site access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A Traffic Impact Study (TIS) must be submitted to Maricopa County, the City of Peoria and the City of Glendale with the Plan of Development (POD) application for this site. The TIS must be approved by each of the above jurisdictions prior to approval of a POD. Access to Northern Avenue (at the 98th Avenue alignment/Park West) shall be prohibited unless it is justified by a TIS approved by the County, City of Peoria and the City of Glendale. 3. The Owner must dedicate, to the County, 65 feet of right-of-way along the site’s frontage of 99th Avenue and Northern Avenue within six (6) months of the date of BOS approval of this case, or prior to POD approval and zoning clearance for construction permitting, whichever occurs first. The ultimate half-street improvements for 99th Avenue and Northern Avenue; and timing of construction of said improvements will be determined prior to POD approval. Formal Meeting Minutes Wednesday, October 24, 2018 Page 12 of 50 4. The planned Northern Parkway’s final alignment has yet to be determined. The Northern Parkway’s alignment may significantly impact the site’s design as shown on the “illustrative plan” submitted with the application. This re-zoning approval in no way approves any part of said “illustrative plan”. d. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. f. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowners. The granting of this approval allows the property owners 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, a hearing shall be scheduled with the Board of Supervisors for consideration to revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. h. C-2 zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6. The applicant, or their successor, must obtain approval of a Plan of Development (POD) or zoning clearance within two (2) years of the date of C-2 zoning approval by the Board of Supervisors (BOS). The applicant, or their successor, must obtain and complete initial construction permitting for commercial occupancy within three (3) years of BOS approval. Also, within two (2) years of BOS approval, the applicant, or their successor, shall have entered into a pre-annexation agreement and utility service agreement with the City of Glendale. The applicant, or their successor, shall submit an annual status report prior to the anniversary of original BOS approval. The report shall demonstrate status of the project and compliance with the conditional zoning schedule of development deadlines. If this conditional zoning development schedule is not met, the conditional zoning will be scheduled for public hearing before the BOS, after recommendation from the Planning and Zoning Commission, for consideration of reversion of the zoning to Rural-43. (C-44-19-051- M-00) NOTE: Agenda item PZ-4 was taken out of order and heard before agenda items PZ-2 and PZ-3. Formal Meeting Minutes Wednesday, October 24, 2018 Page 13 of 50 PZ-4. MAP OF DEDICATION FOR EL MIRAGE ROAD @ COLDWATER RANCH, PARCEL 1 Case #: S2018030 Supervisor District: 4 Applicant/Owner: HilgartWilson, LLC / Courtland Communities Request: Map of Dedication for a segment of El Mirage Rd. Site Location: Generally the east half of the El Mirage Rd. alignment south of Jomax Rd. alignment Staff Recommendation: Approval (C-44-19-052-M-00) STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 6. 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. SPECIAL EVENT LICENSE FOR SOUTHWEST WILDLIFE CONSERVATION CENTER Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Nicole Marie Julien for Southwest Wildlife Conservation Center at Usery Mountain Regional Park at 3939 North Usery Pass Road, Mesa, Arizona 85207 to be held on Saturday, November 17, 2018 from 8:00 am to 2:00 am. (Supervisorial District 2) (C-06-19-134-L-00) Chairman Chucri asked the Clerk if there were any registered speakers regarding items 6.a. through 6.e. and there were none. Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo b. SPECIAL EVENT LICENSE FOR SOUTHWEST WILDLIFE CONSERVATION CENTER Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Nicole Marie Julien for Southwest Wildlife Conservation Center at McDowell Mountain Regional Park at 16300 McDowell Mountain Park Drive, Scottsdale, Arizona 85268 to be held on Saturday, December 1, 2018 from 8:00 am to 1:00 am. (Supervisorial District 2) (C-06-19-135-L-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Formal Meeting Minutes Wednesday, October 24, 2018 Page 14 of 50 Absent: Hickman, Gallardo c. SPECIAL EVENT LICENSE FOR GILBERT PROMOTIONAL CORPORATION Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Edward Clark Musgraves for Gilbert Promotional Corporation at 26601 South Val Vista Drive, Gilbert, Arizona 85298 to be held on the following dates and times: (Supervisorial District 1) (C-06-19-140-L-00) Friday, November 16, 2018 from 4:00 pm to 10:00 pm Saturday, November 17, 2018 from 12:00 pm to 10:00 pm Sunday, November 18, 2018 from 12:00 pm to 6:00 pm Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo d. 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 Samuel T. Crump for Anthem Rotary Foundation / Rotary Club of Anthem at 41703 North Gavilan Peak Parkway, Anthem, Arizona 85086 to be held on Saturday, November 3, 2018 from 10:00 am to 5:00 pm. (Supervisorial District 3) (C- 06-19-148-L-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo e. SPECIAL EVENT LICENSE FOR ST. STEVENS CATHOLIC CHURCH Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Eric Houseknecht for St. Stevens Catholic Church at 24827 South Dobson Road, Sun Lakes, Arizona 85248 to be held on Friday, October 26, 2018 from 4:00 pm to 9:00 pm. (Supervisorial District 1) (C-06-19-154-L-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 7. IMPACT STATEMENT HEARING FOR THE PROPOSED COLLEGE PARK WEST IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-261 and § 48-263, convene the scheduled public hearing on the impact statement for the proposed College Park West Irrigation Water Delivery District. The Board of Supervisors will hear those who appear for and against the proposed district and shall determine whether the creation of the district will promote public health, comfort, Formal Meeting Minutes Wednesday, October 24, 2018 Page 15 of 50 convenience, necessity, or welfare. If the Board determines that the public health, comfort, convenience, necessity, or welfare will be promoted, it shall approve the district impact statement, a bond of $250, and authorize the persons proposing the district to circulate petitions within the following proposed boundaries of the district: Lots 699 through 746 of COLLEGE PARK COUNTRY ESTATES UNIT 4, a Subdivision of the Southeast Quarter of the Southwest Quarter of Section 6, Township 1 South, Range 6 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 184 of Maps, Page 11; TOGETHER WITH Lot 1 of GILBERT CHRISTIAN CHURCH, being a portion of the Southwest Quarter of Section 6, Township 1 South, Range 6 East, of the Gila and Salt River Base and Meridian according to the Map of Dedication in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 335 of Maps, Page 47. (Supervisorial District 2) (C-06- 19-073-M-00) Debra McCoy, representing College Park West Irrigation Water Delivery District, thanked the Board. She spoke in favor of the item and noted the benefits of an irrigation district. Chairman Chucri thanked Ms. McCoy for her presence and for her comments in favor of the item. Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Transportation – Transportación 8. ROAD FILE DECLARATIONS - DECLARACIONES DE CARRETERA Approve, by resolution, petitions to open and declare the following roads into the county highway system. This action will serve as notice of the Board of Supervisors’ acceptance of all U.S. Patent easements, reservations, rights-of-way or properties along the alignments into the Maricopa County highway system and will also authorize the maintenance and acquisition of the necessary rights-of-way through donation, purchase, or condemnation. a. ROAD FILE NO. A594 Convene a hearing for Road File No. A594 to Open and Declare the following described alignment into the County Transportation System. Therefore, pursuant to provisions in A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A594. Legal description is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. Formal Meeting Minutes Wednesday, October 24, 2018 Page 16 of 50 (General Vicinity: Sections 25 & 26, T5S, R4W; Sections 13, 14, 21, 22, 23, 28, 29 & 30, T5S, R3W; Sections 7, 8, 9, 12, 13, 14, 15, 16, & 18, T5S, R2W; Sections 5, 7 & 8, T5S, R1W and in Unincorporated Maricopa County. Supervisory District No. 5) (C-64-19-033-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 9. GRANITE VISTA PHASE 1B STREET LIGHTING IMPROVEMENT DISTRICT Establish the Granite Vista Phase 1B Street Lighting Improvement District. The district’s purpose is to purchase energy for the lighting of public streets and parks within the area. On September 19, 2018, the Board set October 24, 2018 at 9:30 a.m. as the date and time to hold the Hearing to Establish the Granite Vista Phase 1B Street Lighting Improvement District. A Petition with the requisite number of signatures has been presented requesting the Establishment of the Granite Vista Phase 1B Street Lighting Improvement District. (Signature Percentage: 75% by real property owners) The district is located in the vicinity of Cotton Lane and Northern Avenue. Supervisor District 4 (C-64-19-045-7-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Sheriff - Alguacil 10. EXEMPTIONS FROM MARKINGS AND ISSUANCE OF UNDERCOVER LICENSE PLATES FOR REPLACEMENT UNDERCOVER FLEET VEHICLES Approve per A.R.S. §38-538.03 exemptions from markings and undercover license plate Formal Meeting Minutes Wednesday, October 24, 2018 Page 17 of 50 designations for fifteen (15) county fleet replacement vehicles going into service that are designated for detective and investigative use in the Sheriff’s Office. Board approval for exemption from markings is vehicle specific, good for one year, and does not automatically transfer to replacement vehicles. These vehicles are replacements for vehicles being retired due to age and/or condition. Confidential vehicle information will be provided to the Clerk of the Board's office and retained in accordance with ASLAPR approved retention schedule. (C-50-19-020-V-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 11. DONATION TO MCSO OF WEAPONS CLEARING BARRELS Accept the donation of two (2) weapons clearing barrels (APC-100PPM Armor Piercing Containment Systems) including the Safe-Eject and Laminated Poster (Portable Pedestal) for a total value of $1,999.90 from Rich Langner, President/CEO of Concept Development Corporation in Fountain Hills, Arizona. These items are designed to enhance workplace safety. They allow for firearms carrying individuals to have a place to clear their weapons if they have a round of ammunition "in the chamber" without posing a danger to others. These weapons clearing barrels will be placed in headquarters and Professional Standards Bureau lobbies. (C-50-19-021-D-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 12. MOU WITH CITY OF PHOENIX FOR SHARING LAW ENFORCEMENT INFORMATION Approve a Memorandum of Understanding between City of Phoenix Police Department and Maricopa County through the Sheriff's Office, for the purpose of information sharing (AZLINK) so that public safety is enhanced and critical infrastructure is protected. This Memorandum of Understanding is non-financial and is effective upon the date it is fully executed and will continue until June 30, 2020 or until either agency provides thirty (30) days prior written notice with intent to terminate. AZLink is a cooperative program among multiple law enforcement agencies for sharing confidential law enforcement information through CopLink. Participating agencies are eligible to receive homeland security grant funding for equipment and technology that facilitates connectivity. MCSO is an AZLink hub. (C-50-19-022-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 13. AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR RAPID RESPONSE TEAM-CBRNE SUSTAINMENT PROJECT Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the Arizona Department of Homeland Security, RRT-CBRNE Sustainment (RRTSUST) Agreement Number 18-AZDOHS-HSGP-180810-01 in the amount of $32,420 for the award Formal Meeting Minutes Wednesday, October 24, 2018 Page 18 of 50 period beginning October 1, 2018 and terminating on September 30, 2019. This Agreement may be terminated by any of the parties by written notice to the other parties thirty (30) business days prior to termination. The funding award is recurring and has been awarded to the Sheriff’s Office for the past eight years. There is no match requirement. The Sheriff’s Office indirect cost rate for FY19 is 18.3%, applicable to the award amount of $32,420 less capital expenses of $24,972 for an indirect cost base of $7,448 and indirect costs of $1,362.98. Indirect costs are unallowable by the terms of this Agreement unless applied for and approved in writing (page 6, Allowable Costs Section, letter A), and $1,362.98 in indirect costs will be absorbed by the General Fund. There are no future or ongoing contributions required after the grant period ends; however, property (items) purchased with these funds must remain available to the unit for the duration of its existence and/or the useful life of the item. This is not a mandated function although it supports the MCSO public safety mandate and provides a benefit to the citizens by responding to serious incidents involving hostages and/or individuals which have been identified as having involvement in serious criminal offenses and/or terrorist activities. This is a competitive award. The Maricopa County Sheriff’s Office is one of several local law enforcement agencies in the Phoenix metro area that participate in this effort. This is reimbursement funding that will be used to purchase non-capital and capital equipment. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. (C-50-19-023-G-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 14. AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR RADIOLOGICAL AND NUCLEAR DETECTION SUPPORT CAPABILITY Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the Arizona Department of Homeland Security, Radiological and Nuclear Detection Support Capability (RADNUCDS) Investigative/Strategic Agreement Number 18-AZDOHS-HSGP- 180206-01 in the amount of $19,680 for the award period beginning October 1, 2018 and terminating on September 30, 2019. This Agreement may be terminated by any of the parties by written notice to the other parties thirty (30) business days prior to termination. The funding award is non-recurring and has been awarded to the Sheriff’s Office for the first time this year. There is no match requirement. The Sheriff’s Office indirect cost rate for FY19 is 18.3%, applicable to the award amount of $19,680 with no capital expenses for an indirect cost base of $19,680 and indirect costs of $3,601.44. Indirect costs are unallowable by the terms of this Agreement unless applied for and approved in writing (page 6, Allowable Costs Section, letter A), and $3,601.44 in indirect costs will be absorbed by the General Fund. There are no future or ongoing contributions required after the grant Formal Meeting Minutes Wednesday, October 24, 2018 Page 19 of 50 period ends; however, property (items) purchased with these funds must be used for authorized purposes as described in the grant application and may be used in the program or project for which it was acquired for as long as needed whether or not the program or project continues to be supported by federal grant funds. This is not a mandated function although it supports the MCSO public safety mandate and provides a benefit to the citizens by ensuring that adequate capabilities exist to prevent, protect against, mitigate the effects of, respond to, and recover from incidents involving radiological accidents and incidents, resulting in a more safe and secure community. This is a competitive award. The Maricopa County Sheriff’s Office is one of several local law enforcement agencies in the Phoenix metro area that participate in this effort. This is reimbursement funding that will be used to purchase non-capital equipment. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. (C-50-19-024-G-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 15. AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR AZLINK SUSTAINMENT AND INTEGRATION PROJECT Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the Arizona Department of Homeland Security, AZLink Sustainment and Integration (AZLNKMAINT) (FFY2019 from SHSP allocation) Agreement Number 18-AZDOHS-HSGP- 180206-02 in the amount of $125,000 for the award period beginning October 1, 2018 and terminating on September 30, 2019. This Agreement may be terminated by any of the parties by written notice to the other parties thirty (30) business days prior to termination. The funding award is recurring and has been awarded to the Sheriff’s Office for the past six years. There is no match requirement. The Sheriff’s Office indirect cost rate for FY19 is 18.3%, applicable to the award amount of $125,000 with no capital expenses for an indirect cost base of $125,000 and indirect costs of $22,875.00. Indirect costs are unallowable by the terms of this Agreement unless applied for and approved in writing (page 6, Allowable Costs Section, letter A), and $22,875.00 in indirect costs will be absorbed by the General Fund. There are no future or ongoing contributions required after the grant period ends; however, property (items) purchased with these funds must remain available to the unit for the duration of its existence and/or the useful life of the item. This is not a mandated function although it supports the MCSO public safety mandate and provides a benefit to the citizens by providing information and intelligence sharing among law enforcement agencies to prevent and/or respond to acts of terrorism or hazardous incidents, as well as assist with communications during a disaster. This is a competitive award. The Maricopa County Sheriff’s Office is one of several local law enforcement agencies in the Phoenix metro area that participate in this effort. This is reimbursement funding that will be used to purchase non-capital and capital equipment. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. (C-50-19-025-G-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Formal Meeting Minutes Wednesday, October 24, 2018 Page 20 of 50 Absent: Hickman, Gallardo 16. AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR AZLINK SUSTAINMENT AND INTEGRATION PROJECT Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the Arizona Department of Homeland Security, AZLink Sustainment and Integration (AZLNKMAINT - FFY2019 from UASI allocation) Agreement Number 18-AZDOHS-HSGP- 180810-04 in the amount of $125,000 for the award period beginning October 1, 2018 and terminating on September 30, 2019. This Agreement may be terminated by any of the parties by written notice to the other parties thirty (30) business days prior to termination. The funding award is recurring and has been awarded to the Sheriff’s Office for the past six years. There is no match requirement. The Sheriff’s Office indirect cost rate for FY19 is 18.3%, applicable to the award amount of $125,000 with no capital expenses for an indirect cost base of $125,000 and indirect costs of $22,875.00. Indirect costs are unallowable by the terms of this Agreement unless applied for and approved in writing (page 6, Allowable Costs Section, letter A), and $22,875.00 in indirect costs will be absorbed by the General Fund. There are no future or ongoing contributions required after the grant period ends; however, property (items) purchased with these funds must remain available to the unit for the duration of its existence and/or the useful life of the item. This is not a mandated function although it supports the MCSO public safety mandate and provides a benefit to the citizens by providing information and intelligence sharing among law enforcement agencies to prevent and/or respond to acts of terrorism or hazardous incidents, as well as assist with communications during a disaster. This is a competitive award. The Maricopa County Sheriff’s Office is one of several local law enforcement agencies in the Phoenix metro area that participate in this effort. This is reimbursement funding that will be used to purchase non-capital and capital equipment. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. (C-50-19-026-G-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 17. AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR TLO SUSTAINMENT AND ADDITION TO FLEET WITH EXEMPTIONS FROM MARKINGS Approve the Agreement and acceptance of grant funds to the Sheriff’s Office from the Arizona Department of Homeland Security, TLO Sustainment (TLOSUST) Agreement Number 18-AZDOHS-HSGP-180810-03 in the amount of $81,035 for the award period beginning October 1, 2018 and terminating on September 30, 2019. This Agreement may be terminated by any of the parties by written notice to the other parties thirty (30) business days prior to termination. The funding award is recurring and has been awarded to the Sheriff’s Office for the past eleven years. There is no match requirement. The Sheriff’s Office indirect cost rate for FY19 is 18.3%, applicable to the award amount of $81,035 less capital expenses of $62,000 for an indirect cost base of $19,035 and indirect costs of $3,483.41. Indirect costs Formal Meeting Minutes Wednesday, October 24, 2018 Page 21 of 50 are unallowable by the terms of this Agreement unless applied for and approved in writing (page 6, Allowable Costs Section, letter A), and $3,483.41 in indirect costs will be absorbed by the General Fund. There are no future or ongoing contributions required after the grant period ends; however, property (items) purchased with these funds must remain available to the unit for the duration of its existence and/or the useful life of the item. This is not a mandated function although it supports the MCSO public safety mandate and provides a benefit to the citizens by integrating information sharing and dissemination to ensuring that adequate capabilities exist to prevent, protect against, mitigate the effects of, respond to, and recover from incidents involving radiological accidents and incidents, resulting in a more safe and secure community. This is a competitive award. The Maricopa County Sheriff’s Office is one of several local law enforcement agencies in the Phoenix metro area that participate in this effort. This is reimbursement funding that will be used to purchase non-capital and capital equipment. Also approve a permanent addition to fleet of a 4 x 4 Terrorism Liaison Officer (TLO) vehicle to be initially funded with these grant funds and replaced at the end of its useful life with General Funds from the vehicle replacement pool. Direct the Budget Office to adjust the Operating Vehicle Replacement Fund as necessary to accommodate this vehicle being added to the permanent fleet. Annual estimated operating costs projected to begin in FY 2020 will be $6,500 to be paid from the Sheriff’s Office General Fund appropriation. Also approve per A.R.S. 38-538.03 exemption from markings and the issuance of a non- government license plate. This vehicle will be used for enforcement disaster preparedness assignments where governmental anonymity is required to accomplish the mission. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. (C-50-19-028-G-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 18. IGA WITH SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY REGARDING SWORN BASIC TRAINING ACADEMY Approve an Intergovernmental Agreement between Salt River Pima-Maricopa Indian Community on behalf of the Salt River Police Department and Maricopa County by and through the Maricopa County Sheriff’s Office (MCSO) regarding the Maricopa County Sheriff’s Office Sworn Basic Training Academy. The term of this Agreement is October 1, 2018 to June 30, 2021 and is effective when signed by the parties. It can be canceled for any reason by either party with a two (2) months notice. This Agreement allows Salt River Police Department recruits to participate in scheduled Sheriff's Sworn Basic Training Academies at a cost of $500 per registrant. (C-50-19-027-3- 00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Formal Meeting Minutes Wednesday, October 24, 2018 Page 22 of 50 Air Quality - Calidad del Aire 19. AMENDMENT TO AGREEMENT WITH US ENVIRONMENTAL PROTECTION AGENCY TO MONITOR PM2.5 Approve an Agreement between the US Environmental Protection Agency (EPA) and Maricopa County through the Air Quality Department in the not-to-exceed amount of $121,245. This assistance amendment is funded by a grant from the US Environmental Protection Agency, Award ID# PM-99T08801-9 which increases the federal funding by $121,245. The grant award is reoccurring and has been awarded to the department since 2014. The cash or in-kind match is not applicable, indirect cost is fully recoverable, ongoing cash contributions not applicable. The grant activity is mandated by the Clean Air Act utilizing the 2012 Particulate Matter (PM) National Ambient Air Quality Standards (NAAQS). The activities are 100% financially supported by the grant from EPA. The Air Quality Department works with EPA to monitor air quality through data collection and analysis of fine particulate matter. The grant award is non-competitively bid. There are no costs that will need to be absorbed by the departments operating budget. The Agreement is effective from April 1, 2014 until March 31, 2019, while the budget is retroactively effective from April 01, 2018 to March 31, 2019. Project budgets are applied annually. All other terms and conditions of the Agreement remain in full force and effect. The FY2018 Air Quality composite indirect rate of 31.3% will be applied to the direct charges of $37,506. Indirect costs of $11,739 are fully recoverable. A capital equipment expense of $72,000 is included. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation; therefore, expenditures of these revenues are not prohibited by the budget law. A budget adjustment is not required. (C-85-15-002-G-04) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 20. AGREEMENT AMENDMENT WITH US ENVIRONMENTAL PROTECTION AGENCY TO ADMINISTER STATE CLEAN DIESEL GRANT PROGRAM Approve an agreement amendment between the US Environmental Protection Agency (USEPA) and Maricopa County through the Air Quality Department (MCAQD) in the not-to- exceed amount of $414,882. This agreement is funded by a grant from the USEPA, Award ID# 99T63001, which increases the MCAQD federal funding by $414,882 as modification 2. 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, 2018 to September 30, 2019, while the budget is retroactively effective from October 1, 2017 to September 30, 2019. Project budgets are Formal Meeting Minutes Wednesday, October 24, 2018 Page 23 of 50 applied annually. All other terms and conditions of the Agreement remain in full force and effect. The FY 2019 Air Quality composite indirect rate of 31.3% will be applied to the direct charges of $71,100. The contract with the Grantor allows a recoverable indirect cost of administering this grant of $22,255. An amount of up to $321,527 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, 2018 to September 30, 2019. 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. (C-85-18-009-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 21. AMENDMENT TO AGREEMENT WITH MARICOPA ASSOCIATION OF GOVERNMENTS FOR THE TRAVEL REDUCTION PROGRAM Approve Amendment No. 4 to an Intergovernmental Agreement between Maricopa Association of Governments (MAG) (Agreement 656) and Maricopa County through the Air Quality Department in the not-to-exceed amount of $962,347. The purpose of this agreement is to fund the Unified Planning Work Program and revise the scope of services. This agreement is effective retroactively from October 1, 2018 to September 30, 2019. All other terms and conditions of the Intergovernmental Agreement remain in full force and effect. The Intergovernmental Agreement (IGA) between Maricopa Association of Governments (MAG) (Agreement 656) and Maricopa County through the Air Quality Department is reoccurring and has been approved by the Board of Supervisors in previous years. The cash or in-kind match is not applicable, indirect cost is fully recoverable, ongoing cash contributions not applicable. The IGA is not mandated and the activities are 100% financially supported by the IGA from MAG. The IGA does not go through the bid process. There are no costs that will need to be absorbed by the departments operating budget. An amount of up to $356,683.45 will be passed through to the Regional Public Transportation Authority (RPTA) as an external service provider upon separate agenda and approval for services provided between October 1, 2018 and September 30, 2019. The Department's FY2019 authorized indirect cost rate is 26.3%. All indirect costs are allowable and fully recoverable. Indirect costs will be applied to the County retained amount of $605,663.55. The total direct costs are $479,544; recoverable indirect costs are $126,120. This item has been budgeted and approved by the Board of Supervisors with the adoption of the FY2019 Air Quality Department budget. The amount applicable to FY2020 will be presented in the annual department budget request. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditures of these revenues are not prohibited by the budget law. This Agreement is funded with Federal Funds, CFDA#20.205. (C-85-10-014-3-11) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Formal Meeting Minutes Wednesday, October 24, 2018 Page 24 of 50 22. AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY FOR TRAVEL REDUCTION PROGRAM SERVICES (MAG- EXPANSION) Approve an Agreement between Regional Public Transportation Authority and Maricopa County through the Air Quality Department, in the not-to-exceed amount of $356,683.45. The purpose of this Intergovernmental Agreement is to pass through Travel Reduction Program funds for major employer urban travel reduction efforts. This Intergovernmental Agreement is retroactively effective from October 1, 2018 until September 30, 2019. (C-85- 18-008-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 23. DONATION FROM ONE LOVE PIT BULL FOUNDATION FOR ADOPTION FEES Accept the restricted monetary donation of $2,700 from One Love Pit Bull Foundation to be used in payment of 108 dog adoption fees. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-19-044-D- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 24. DONATIONS OVER $250 FOR SEPTEMBER Accept the unrestricted monetary donations over $250 from Blue Cross Blue Shield of Arizona ($400), Roger Ellis ($400), Almost There Foster Care Rescue ($490), Lance Blanchard ($500), and Jacqueline Page ($1,193) for a total of $2,983 for the care of the animals. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-19-045-D- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 25. DONATION FROM ARIZONA ANIMAL RESCUE MISSION (AARM) FOR A TRANSPORT VEHICLE Accept the restricted monetary donation in the amount of $25,000 from the Arizona Animal Formal Meeting Minutes Wednesday, October 24, 2018 Page 25 of 50 Rescue Mission (AARM) for the purchase of an animal transport van. The vehicle will not be an addition to the fleet, but will replace an existing vehicle. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Animal Care & Control received $25,000 in a restricted donation to purchase an animal transport van that will be used primarily to transport animals out of the County. (C-79-19- 046-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Budget Office - Oficina de Presupuestos 26. CAPITAL IMPROVEMENT AND ONE-TIME FUNDING RECONCILIATION FY 2019 In accordance with A.R.S. 42-17106(B), authorize the following amendment to the FY 2019 Annual Budget and 5 Year CIP Non Departmental (D470) Budget: 1) Increase the Intergovernmental Capital Project Fund (422) Vulture Mountain (VMTN) by $16,514 from $93,292 to $109,806. This action will reconcile the expenditures in FY 2018 that were less than the forecast at that time and the total project budget remains at $181,015. 2) Decrease the County Improvement Fund (440) Radio System (RDIO) by $2,116,728 from $28,090,378 to $25,973,650. This action will reconcile the expenditures in FY 2018 that were more than the forecast at that time and the total project budget remains at $131,351,230. 3) Decrease the General Fund County Improvement Fund (445) Animal Care Expansion Durango (ACED) by $216,079 from $4,408,000 to $4,191,921. This action will reconcile the expenditures in FY 2018 that were more than the forecast at that time and the total project budget remains at $4,500,000. 4) Decrease the General Fund County Improvement Fund (445) Adult Probation Black Canyon (APBL) by $250,156 from $2,516,062 to $2,265,906. This action will reconcile the expenditures in FY 2018 that were more than the forecast at that time and the total project budget remains at $3,357,000. 5) Decrease the General Fund County Improvement Fund (445) Adult Probation Southport (APSP) by $38,613 from $3,331,186 to $3,292,573. This action will reconcile the expenditures in FY 2018 that were more than the forecast at that time and the total project budget remains at $3,498,000. 6) Decrease the General Fund County Improvement Fund (445) East Court Improvements (ECIM) by $742,233 from $1,467,326 to $725,093. This action will reconcile the expenditures in FY 2018 that were more than the forecast at that time and the total project Formal Meeting Minutes Wednesday, October 24, 2018 Page 26 of 50 budget remains at $23,256,356. 7) Increase the General Fund County Improvement Fund (445) Maricopa Regional Trail System (MRTS) by $9,053 from $396,038 to $405,091. This action will reconcile the expenditures in FY 2018 that were less than the forecast at that time and the total project budget remains at $5,185,000. 8) Increase the General Fund County Improvement Fund (445) Hassayampa (PHA1) by $123,741 from $264,000 to $387,741. This action will reconcile the expenditures in FY 2018 that were less than the forecast at that time and the total project budget remains at $1,264,000. 9) Decrease the General Fund County Improvement Fund (445) Lake Boundary Fencing (PLBF) by $12,989 from $468,400 to $455,411. This action will reconcile the expenditures in FY 2018 that were more than the forecast at that time and the total project budget remains at $638,400. 10) Increase the General Fund County Improvement Fund (445) Lake Playground at Discovery Center (PPDC) by $2,612 from $597,388 to $600,000. This action will reconcile the expenditures in FY 2018 that were less than the forecast at that time and the total project budget remains at $600,000. 11) Decrease the General Fund County Improvement Fund (445) McDowell Restroom at Four Peaks (PR4P) by $7,901 from $517,251 to $509,350. This action will reconcile the expenditures in FY 2018 that were more than the forecast at that time and the total project budget remains at $550,000. 12) Decrease the General Fund County Improvement Fund (445) Vulture Mountain (VMTN) by $23,100 from $82,014 to $58,914. This action will reconcile the expenditures in FY 2018 that were more than the forecast at that time and the total project budget remains at $275,000. 13) Decrease the Detention Fund County Improvement Fund (455) Intake Transfer Release Jail (ITRJ) by $11,174,542 from $101,174,542 to $90,000,000. This action will reconcile the expenditures in FY 2018 that were more than the forecast at that time and the total project budget remains at $185,000,000. 14) Decrease the Technology Capital Improvement Fund (460) Infrastructure Refresh Ph II (TIR2) by $1,097,603 from $5,359,634 to $4,262,031. This action will reconcile the expenditures in FY 2018 that were more than the forecast at that time and the total project budget remains at $70,006,266. 15) Increase the expenditure authority in the Non Departmental (D470) Non Departmental Grants Fund (249) Non Recurring Non Project (NRNP) in the line “Unassigned” (4711) in the amount of $15,528,024. Also, in accordance with A.R.S. 42-17106(B), authorize the following amendment to the FY 2019 Non Recurring County Department Budgets: 16) Increase the budget for Clerk of the Board (D060) General Fund (100) SIRE Hyland Conversion (SHC1) by $25,452 from $163,619 to $189,071. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 17) Increase the budget for Clerk of the Superior Court (D160) General Fund (100) COSC RFR System Replacement (RFR1) by $181,506 from $288,000 to $469,506. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 18) Increase the budget for Human Services (D220) General Fund (100) Non Recurring Non Project (NRNP) by $44,159 from $195,608 to $239,767. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 19) Decrease the budget for Medical Examiner (D290) General Fund (100) OME Case Management (CME1) by $96,000 from $386,831 to $290,831. This action will reconcile expenditures in FY 2018 that were more than forecast at the time. 20) Decrease the budget for Medical Examiner (D290) General Fund (100) OME Case Records (CRS1) by $2,737 from $64,776 to $62,039. This action will reconcile expenditures in FY 2018 that were more than forecast at the time. Formal Meeting Minutes Wednesday, October 24, 2018 Page 27 of 50 21) Increase the budget for Parks and Recreation (D300) General Fund (100) Non Recurring Non Project (NRNP) by $10,000 from $30,000 to $40,000. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 22) Increase the budget for Parks and Recreation (D300) General Fund (100) Park Restrooms Upgrades (PKRR) by $50,000 from $10,000 to $60,000. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 23) Decrease the budget for Enterprise Technology (D410) General Fund (100) Cyber Security Non Recurring (CYB1) by $21,179 from $597,836 to $576,657. This action will reconcile expenditures in FY 2018 that were more than forecast at the time. 24) Decrease the budget for Enterprise Technology (D410) General Fund (100) Cyber Security Major Maintenance (CYBS) by $34,865 from $349,105 to $314,240. This action will reconcile expenditures in FY 2018 that were more than forecast at the time. 25) Decrease the budget for Enterprise Technology (D410) General Fund (100) Desktop Laptop Replacement (DLRP) by $17,149 from $105,024 to $87,875. This action will reconcile expenditures in FY 2018 that were more than forecast at the time. 26) Decrease the budget for Enterprise Technology (D410) General Fund (100) Enterprise Data Center Systems (EDCS) by $1,045 from $2,434,004 to $2,432,959. This action will reconcile expenditures in FY 2018 that were more than forecast at the time. 27) Decrease the budget for Enterprise Technology (D410) General Fund (100) Enterprise Data Networking (EDNK) by $2,387,973 from $11,363,844 to $8,975,871. This action will reconcile expenditures in FY 2018 that were more than forecast at the time. 28) Increase the budget for Enterprise Technology (D410) General Fund (100) Microsoft Active Directory (MAD1) by $257 from $1,066,929 to $1,067,186. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 29) Increase the budget for Non Departmental (D470) General Fund (100) Melendres Non Recurring (MEL1) by $567,696 from $964,588 to $1,532,284. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 30) Increase the budget for Office of Contract Counsel (D560) General Fund (100) Capital Post Conviction Relief Backlog (PCR1) by $212,284 from $2,521,921 to $2,734,205. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 31) Decrease the budget for Facilities Management (D700) General Fund (100) Elevator Renovations (ELV1) by $348,538 from $3,000,000 to $2,651,462. This action will reconcile expenditures in FY 2018 that were more than forecast at the time. 32) Increase the budget for Facilities Management (D700) General Fund (100) Non Recurring Non Project (NRNP) by $8,820 from $8,532 to $17,352. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 33) Increase the budget for Assistant County Manager 950 (D950) General Fund (100) Non Recurring Non Project (NRNP) by $39,335 from $374,044 to $413,379. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 34) Increase the budget for Non Departmental (D470) General Fund (100) Non Recurring Non Project (NRNP) in the line “Unreserved and General Contingency” (4711) by $1,769,977 to maintain balance in the General Fund. 35) Decrease the budget for Correctional Health (D260) Detention Fund (255) Iron Mountain Records Projects (IRN1) by $3,542 from $63,123 to $60,571. This action will reconcile expenditures in FY 2018 that were more than forecast at the time. 36) Increase the budget for Correctional Health (D260) Detention Fund (255) Non Recurring Non Project (NRNP) by $32,169 from $314,000 to $346,169. This action will reconcile expenditures in FY 2018 that were less than forecast at the time. 37) Decrease the budget for Non Departmental (D470) Detention Fund (255) Graves Non Recurring (GRV1) by $19,003 from $80,175 to $61,172. This will reconcile expenditures in FY 2018 that were more than forecast at the time. 38) Decrease the budget for Non Departmental (D470) Detention Fund (255) Non Recurring Non Project (NRNP) in the line “Unreserved Contingency” (4711) by $9,624 to maintain balance in the Detention Fund. Formal Meeting Minutes Wednesday, October 24, 2018 Page 28 of 50 39) Increase the budget for Non Departmental (D470) Waste Management Fund (210) Non Recurring Non Project (NRNP) by $20,325 from $534,236 to $554,561. This will reconcile expenditures in FY 2018 that were less than forecast at the time. 40) Decrease the budget for Animal Care and Control (D790) Animal Control Field Operations Fund (574) Non Recurring Non Project (NRNP) by $13,929 from $500,000 to $486,071. This will reconcile expenditures in FY 2018 that were more than forecast at the time. 41) Decrease the budget for Enterprise Technology (D410) Telecommunications Fund (681) Non Recurring Non Project (NRNP) by $26,541 from $190,583 to $164,042. This will reconcile expenditures in FY 2018 that were more than forecast at the time. 42) Increase the expenditure authority in the Non Departmental (D470) Non Departmental Grants Fund (249) Non Recurring Non Project (NRNP) in the line “Unassigned” (4711) in the amount of $20,145. Also, pursuant to A.R.S. pursuant to A.R.S. §42-17106(B), approve the following transfer of expenditure authority: 43) Decrease the FY 2019 General Fund (100) expenditure budgets by the amount indicated for the departments and appropriation unit groups listed under the General Fund (100) heading on the attached schedule, totaling $6,790 in Base adjustments, and 44) Increase the expenditure authority for the Non Departmental (D470) General Fund (100) Operating (OPER) Contingency (4711) in the line "Pay for Performance" by $6,790 in Base adjustments for a net impact of zero. 45) Direct the Budget Office to reverse the adjustments in the FY 2020 Baseline budget appropriations. (C-49-19-006-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Emergency Management - Administración de Emergencia 27. GRANT FUNDS FROM ARIZONA STATE DEPARTMENT OF HOMELAND SECURITY FOR SATELLITE CONNECTIVITY Approve the acceptance of grant funds from Arizona State Department of Homeland Security, (FFY18 SHSGP), in the not-to-exceed amount of $2,808 for the purpose of continuing satellite data service on the regional mobile satellite to provide backup network connectivity. The grant period for this grant is October 1, 2018 through September 30, 2019. The Maricopa County Department of Finance has calculated the Department of Emergency Management's composite indirect cost rate for FY19 is 6.8%. Total grant indirect costs are estimated to be $190.94 and are not recoverable. Emergency Management will absorb these indirect costs within their general budget. The grant award is non-recurring, the department has to apply every year however, we have received the grant for the past three years. The department does not have an in-kind match requirement for this grant. The grant award is not a mandated function but it is the department responsibility to provide backup satellite communications for the county Emergency Operations Center and other locations within Maricopa County. The grant is awarded through the Arizona State Homeland Security Department- State Homeland Security Grant Program (SHSGP), which is a competitive grant program. Maricopa County jurisdictions compete for projects based off the State grant initiatives. Maricopa County has spearheaded the grant for the mobile satellite for the use during outages within Maricopa County or disaster occurring outside Maricopa County. Each year Maricopa County applies for recurring cost of the satellite data plan. Maricopa County does not have to fund any Formal Meeting Minutes Wednesday, October 24, 2018 Page 29 of 50 additional costs for the program. Additionally, in accordance with A.R.S.42-17106(B), authorize the following amendments to the FY 2019 Emergency Management (D150), Emergency Management Fund (215) Budget: a) Increase the revenue and expenditure authority for Emergency Management (D150) Emergency Management Fund (215) Non Recurring Non Project (NRNP) by an amount not to exceed $2,808. Funding for this agreement is provided by a Grant from State of Arizona Department of Homeland Security in the amount not to exceed $2,808. The overall grant budget will be adjusted as necessary to accommodate this grant through future reconciliation. 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. The approval of this action does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-15-18-005-G-01) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 28. GRANT FUNDS FROM BUREAU OF LAND MANAGEMENT FOR FUELS REDUCTION PROJECT Approve the acceptance of grant funds from Bureau of Land Management (BLM), in the not-to-exceed amount of $20,000 for the purpose of Fuels Reductions Projects as identified in the Maricopa County Community Wildfire Protection Plan (CWPP). The grant period for this grant is August 26, 2018 through August 25, 2021. The Maricopa County Department of Finance has calculated the Department of Emergency Management's composite indirect cost rate for FY19 is 6.8%. Total grant indirect costs are estimated to be $1,360 and are not recoverable. Emergency Management will absorb these indirect costs within their general budget. The grant award is non-recurring, the department has to apply for the non-competitive grant that is awarded to counties with a CWPP, we have received the grant in the past for Fuels Projects that impacted County Parks, Jurisdiction within Maricopa County. The department does not have an in-kind match requirement for this grant. The grant award is not a mandated function but it is the department responsibility to assist jurisdiction or county land to provide assistance with fuels reduction cleanup in order to prevent fires that will cross over to federal lands. The grant is awarded direct from BLM through the Hazardous Fuels Reduction for Rural Communities, P: 109-54, 2018 Annual Appropriation Act. Maricopa County has coordinated cleanup projects over the past 12 years in the areas of Buckeye, Goodyear, Wickenburg, Fountain Hills, Rio and Tonto Verde. Maricopa County does not have to fund any additional costs for the program. Additionally, in accordance with A.R.S.42-17106(B), authorize the following amendments to the FY 2019 Emergency Management (D150), Emergency Management Fund (215) Budget: a) Increase the revenue and expenditure authority for Emergency Management (D150) Emergency Management Fund (215) Non Recurring Non Project (NRNP) by an amount not to exceed $10,000. Funding for this agreement is provided by a Grant from Bureau of Land Management Formal Meeting Minutes Wednesday, October 24, 2018 Page 30 of 50 (BLM) in the amount not to exceed $20,000. The overall grant budget will be adjusted as necessary to accommodate this grant through future reconciliation. 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. The approval of this action does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-15-19-001-G-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 29. GRANT FUNDS FROM ARIZONA STATE DEPARTMENT OF HOMELAND SECURITY FOR RENEWAL OF EMERGENCY PLANS SOFTWARE Approve the acceptance of grant funds from Arizona State Department of Homeland Security, (FFY18 SHSGP), in the not-to-exceed amount of $85,000 for the MaricopaRegionPrepares.com subscription renewal. This is a Continuity of Operations Planning (COOP) software package for all jurisdictions within Maricopa County. The grant period for this grant is October 1, 2018 through September 30, 2019. The Maricopa County Department of Finance has calculated the Department of Emergency Management's composite indirect cost rate for FY19 is 6.8%. Total grant indirect costs are estimated to be $5,780 and are not recoverable. Emergency Management will absorb these indirect costs within their general budget. The grant award is non-recurring, the department has to apply every year however, we have received the grant for the past three years. The department does not have an in-kind match requirement for this grant. The grant award is not a mandated function but is a department strategic goal to have all county department with a viable Continuity of Operation Plan (COOP). The grant is awarded through the Arizona State Homeland Security Department- State Homeland Security Grant Program (SHSGP), which is a competitive grant program. Maricopa County jurisdictions compete for projects based off the State grant initiatives. Maricopa County has spearheaded the grant for Emergency Operations Plans (EOP)/COOP software Project for all county department and jurisdictions within Maricopa County. Each year Maricopa County applies for recurring cost of the software maintenance and training funds. Maricopa County does not have to fund any additional costs for the program. Additionally, in accordance with A.R.S.42-17106(B), authorize the following amendments to the FY 2019 Emergency Management (D150), Emergency Management Fund (215) Budget: a) Increase the revenue and expenditure authority for Emergency Management (D150) Emergency Management Fund (215) Non Recurring Non Project (NRNP) by an amount not to exceed $73,000. Funding for this agreement is provided by a Grant from State of Arizona Department of Homeland Security in the amount not to exceed $85,000. The overall grant budget will be adjusted as necessary to accommodate this grant through future reconciliation. 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. The approval of this action does not alter the budget constraining the expenditures of local Formal Meeting Minutes Wednesday, October 24, 2018 Page 31 of 50 revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-15-18-004-G-01) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Finance - Finanzas 30. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 09/21/2018 through 10/04/2018, 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-06-19-143-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Human Resources - Recursos Humanos 31. 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 bi-weekly stipends for management/professional assignments (MPA) based upon the employee’s full-time equivalent (FTE) status. (C-31- 19-012-6-00) Ranges: Epidemiology & Health Informatics Manager MRTs: $41.50 -$58.30 ($86,320 - $121,264) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Human Services - Servicios Humanos 32. AMENDMENT TO IGA WITH CITY OF SCOTTSDALE FOR HOME INVESTMENT PARTNERSHIPS ACTIVITIES Approve financial Amendment No. 1 to the Intergovernmental Agreement between City of Scottsdale (City) and Maricopa County (County) administered by its Human Services Department. The purpose of the Amendment is to address the following: A. Increase funding to the City from $219,957 of 2016/2017 HOME funds to encompass $219,039 of 2017/2018 HOME funds for a total of $438,996. B. Insert an additional Work Statement (2017 Work Statement) for the City to acquire, Formal Meeting Minutes Wednesday, October 24, 2018 Page 32 of 50 rehabilitate and rent an additional single family home to a low-income family. Funding for this Work Statement shall not exceed $219,039. The 2017 Work Statement shall have a completion date of September 30, 2021. C. All work performed or costs incurred or expended under the previously approved Work Statement (2016 Work Statement) remains reimbursable under the terms of the original Agreement. D. Section IV, Compensation, Subsection D, Reimbursement is amended to reference total funding of $438,996, rather than $219,957. This Amendment is funded by a grant from the U. S. Department of Housing and Urban Development (HUD). The City’s housing activities meet all HOME Investment Partnerships Program requirements for the required period of affordability. Funding is included in the FY2019 budget and does not impact the General Fund. This agreement is subject to A.R.S. §38-511. All other terms and conditions of the original agreement remain the same and in full force and effect as approved and amended. Supervisor District: 2 (C-22-17-044-3-02) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 33. LICENSE AGREEMENT FOR USE OF REAL PROPERTY WITH CORNERSTONE SOLUTIONS INC. JOB CORPS SERVICES Approve and execute a financial License Agreement P-50329 (“Agreement”) for Use of Real Property with Cornerstone Solutions, Inc. - Job Corps Services (FN) (“Licensee”) for use of County controlled property at 1840 N. 95th Avenue, #160, Phoenix, AZ 85037, to share costs associated with case management services to clientele in the ARIZONA@WORK Maricopa County One-Stop Career Center. The term of the Agreement will commence retroactively to July 1, 2018 and expire June 30, 2019. The Agreement may be extended for 5 1-year terms by mutual written agreement. Licensee will pay for space and pro-rated costs of consumable items, utilities, security services, copier/printer and common area maintenance. Either Party may terminate the Agreement with a 30-day written notice the other. Licensee shall pay a monthly base rent amount and pro rata facility operation costs. Licensee shall remit payments on a quarterly basis. Licensee’s payment amount shall not exceed $4,000 ($3088.80 base rent + .44%) for the Agreement term. All funds collected under this Agreement will be applied against the costs associated to the operation of the One Stop Career Center. Any necessary budget adjustments to accommodate this item will be made through a future reconciliation. This Agreement does not contain any County General Funds. Supervisory District: All (C-22-19-012-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 34. AMENDMENT TO THE AGREEMENT WITH THE CITY OF TOLLESON FOR CDBG ACTIVITIES Formal Meeting Minutes Wednesday, October 24, 2018 Page 33 of 50 Approve a non-financial Amendment No. 1 to the Agreement between the City of Tolleson and Maricopa County administered by its Human Services Department. The purpose of the Amendment is to remove and replace Section I. paragraph W. INSURANCE. The City of Tolleson requested a reduction in the insurance thresholds based on contract negotiations with a selected Housing Rehabilitation Management firm that the City is contracting with. Through this Amendment, the Insurance thresholds requirements will be reduced. The reduction of customary insurance limits was reviewed by Maricopa County Risk Management to allow for a reduction to the insurance threshold. This Amendment is subject statutory language of A.R.S. §38-511 which is incorporated by reference. Supervisor District: 5 (C-22-19-006-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Procurement Services - Servicios de Adquisiciones 35. SOUTHPORT ADULT PROBATION CENTER ADDITION/REMODEL (190022-DBB) Approve and authorize the execution of a Design Bid-Build construction contract between Maricopa County and TSG Constructors, LLC, (Cave Creek, AZ) in an amount not-to- exceed $2,090,000.00 to provide general construction services for the addition, and improvements to the Southport Adult Probation Center, located in Phoenix, AZ. (C-73-19- 008-5-00) TSG Constructors LLC Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 36. CONSTRUCTION EQUIPMENT RENTAL WITH OPERATOR (190025-S) Approve the contract for award at an estimate of $1,000,000.00 over two (2) years until October 31, 2020 with three (3) one-year renewal options. The effective date of the contract will be November 1, 2018. The purpose of the contract is to provide to Maricopa County rental of construction equipment, including operator and delivery. (C-73-19-009-3- 00) It is requested by the MCDOT that the Board of Supervisors approve the subject award to the Multiple Award as recommended. Lincoln Constructors, Inc. – 1st Call Qualex Construction, Inc. – 2nd Call Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Formal Meeting Minutes Wednesday, October 24, 2018 Page 34 of 50 Public Health - Salud Pública 37. IGA WITH CREIGHTON ELEMENTARY SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICE Approve an Intergovernmental Agreement (IGA) between Creighton Elementary School District and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for School-based Tobacco Use Prevention and Education Services; School Health Index (SHI) and School Health Implementation Plan (SHIP). Funding is in the not- to-exceed amount of $4500.00 for the budget period beginning October 15, 2018 through September 30, 2019. The IGA term is October 15, 2018 through May 31, 2021. This program is funded by the HPHC Integrated IGA through ADHS. Funding was approved on 8/1/2018 as C-86-15-112-3-08. (C-86-19-020-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 38. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Approve an amendment to the Intergovernmental Agreement (IGA) Contract No. ADHS17- 141746, between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health. The effective date remains January 1, 2018 through December 31, 2018. The Contract term is effective from January 1, 2017 through December 31, 2021. The IGA is amended as follows: 1.Pursuant to Terms and Conditions, Provision Six (6), Contract Changes, Item 6.1, Amendments, Purchase Orders and Change Orders, the Contract is hereby amended as follows: 1.1. The Price Sheet is revised and replaced with the Price Sheet in this Amendment. The total Price Sheet remains the same, the line item changes are due to a decrease in Personnel. New line item added due to collaboration with other organizations to implement STD promotion and prevention educations activities. The Price Sheet remains in the amount of $115,808.00, however, this action details the FY18/19 amount of $56,365. This grant award is reoccurring and has been awarded to the department in previous years. It is non-competitive and there is no cash or in-kind match required. The grant award is a mandated function; should it be discontinued, it is not known whether on-going contributions would be required. This grant deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 15% of salaries and employee related expenses. Salaries and employee related expenses are estimated to be $46,483. The Department of Public Health’s indirect rate for FY2018 is 18.9%. Total indirect expenses based on this portion of the award ($56,365) are estimated to be $8,960 of which $6,972 is recoverable and $1,988 is not recoverable and will be subsidized 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. Formal Meeting Minutes Wednesday, October 24, 2018 Page 35 of 50 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-86-13- 003-3-09) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 39. RESCIND ACTION REGARDING EXPANSION SPACE FOR LEASE L-7471 WITH EASTERN-COLUMBIA PROPERTIES, LP Rescind the action taken by the Board of Supervisors on September 19, 2018 which approved Amendment No. 1 to Lease L-7471 between Maricopa County (Lessee) and Eastern-Columbia Properties, LP (Lessor), for additional office and clinic space located at 3320 East Broadway Road, Suite A200, Phoenix, AZ 85040 (the “Premises”) and to affirm that the original Lease L-7471 approved by the Board on September 20, 2017 (C-86-18- 020-1-00) remains in full force and effect via a Letter Agreement. The County and Lessor entered into Amendment No. 1 to Lease L-7471 on September 19, 2018 so Maricopa County Public Health Healthy Start Program could expand its leased area from 5,320 square feet to 7,776 square feet. Prior to taking occupancy of the additional space (scheduled for November 1, 2018), the Program was made aware that the federal grant earmarked for the additional space is to be significantly reduced in the near future. The County and Lessor are mutually agreeable to rescinding Amendment No. 1 at no cost to the County, and affirming the original Lease. (C-86-18-020-1-02) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Transportation - Transportación 40. IGA WITH THE CITY OF BUCKEYE FOR FIRE PREEMPTION EQUIPMENT OPERATION AND MAINTENANCE Approve the Intergovernmental Agreement between Maricopa County and the City of Buckeye for the installation, operation, and maintenance of fire preemption equipment on County-owned traffic signal at Sun Valley Parkway and Canyon Springs Boulevard. Either Party may terminate this Agreement at any time prior to the expiration date by furnishing the other Party with a thirty (30) day written notice. The purpose of this Agreement is to define the responsibilities of each Party related to the purchasing, installation, and maintenance of fire preemption equipment as part of a City development signal installation project. The City is requiring the developer to install a traffic signal at Sun Valley Parkway and Canyon Springs Boulevard that will be owned, operated, and maintained by the County. Under this Agreement, the City shall direct the developer to purchase fire preemption equipment compatible with County traffic signals and controllers and install the equipment on the new signals. The County will provide routine maintenance upon completion of the Formal Meeting Minutes Wednesday, October 24, 2018 Page 36 of 50 project. The City will incur all costs associated with replacement parts needed as part of normal, routine maintenance. Supervisory District No. 4 (C-64-19-063-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 41. 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. (C-06- 19-161-7-00) A. D-23535-2 Project #: TT0559 – Rainbow Wash – Assessor’s Parcel #: 401- (JR) 66-015N, 401-66-015M – Drainage Easement – John Farms, LLLP, By: Insurance-2006, LLC, its General Partner for the sum of $400.00. B. D-23535 Project #: TT0559 – Rainbow Wash – Assessor’s Parcel #: 401- (JR) 66-015N, 401-66-015M – Purchase Agreement and Escrow Instructions – John Farms, LLLP, By: Insurance-2006, LLC, its General Partner. Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Industrial Development Authority - Autoridad para el Desarrollo Industrial 42. ADOPT A RESOLUTION APPROVING THE ISSUANCE OF BONDS FOR THE BENEFIT OF BENJAMIN FRANKLIN CHARTER SCHOOL – QUEEN CREEK Adopt a resolution approving the proceedings of The Industrial Development Authority of the County of Maricopa for the issuance of its Education Revenue Bonds (Benjamin Franklin Charter School Projects), Series 2018 A & B in one or more tax-exempt and/or taxable series in an aggregate principal amount not to exceed $80,000,000. (C-94-19-004- 4-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 43. ADOPT A RESOLUTION APPROVING THE ISSUANCE OF A NOTE FOR THE BENEFIT OF HERITAGE AT SURPRISE, LLC Adopt a resolution approving the proceedings of The Industrial Development Authority of the County of Maricopa for the issuance of its Multifamily Housing Revenue Note (Heritage at Surprise Project), Series 2018 in one or more tax-exempt and/or taxable series in an aggregate principal amount not to exceed $12,000,000. (C-94-19-005-4-00) Formal Meeting Minutes Wednesday, October 24, 2018 Page 37 of 50 Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ ~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix, amenos que de otromodo notado~ Clerk of the Board - Secretaria de la Junta 44. SETTING OF HEARING FOR THE PROPOSED SHERWOOD MESA IRRIGATION WATER DELIVERY DISTRICT IMPACT STATEMENT 1. Pursuant to A.R.S. § 48-261 and § 48-263, set a hearing date to receive the impact statement for the proposed Sherwood Mesa Irrigation Water Delivery District. The hearing date is set for Wednesday, November 28, 2018 at 9:30 a.m., 205 W. Jefferson, Phoenix, AZ 85003. 2. Pursuant to A.R.S. § 48-261(C), approve a bond in the amount of $250 to be filed with the Board by the persons proposing the district to cover cost incurred by the County if the district is not organized. The Clerk of the Board of Supervisors shall post a notice of the hearing in at least three conspicuous public places in the area of the proposed district and shall publish a notice twice in a daily newspaper at least ten days before the hearing. A notice of hearing will be sent to each property owner within the proposed district boundaries. At the hearing on November 28, 2018, the Board will hear those who appear for and against the proposed district and shall determine whether the district will promote public health, comfort, convenience, necessity, or welfare. If the Board of Supervisors determines that the public health, comfort, convenience, necessity, or welfare will be promoted, it shall approve the impact statement and authorize the persons proposing the district to circulate petitions within the following proposed boundaries of the district: Lots 1 through 35 of Sherwood Mesa a Subdivision of the West half of the Northwest Quarter of Section 24, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 65 of Maps, Page 50; TOGETHER WITH Lots 36 through 146 of Sherwood Mesa Amended a Subdivision of the West half of the Northwest Quarter of Section 24, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 66 of Maps, Page 27; TOGETHER WITH Lots 8 through 37 of Sherwood Mesa Unit 2 a Subdivision of the East half of the Northwest Quarter of Section 24, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 78 of Maps, Page 28. (Supervisorial District Formal Meeting Minutes Wednesday, October 24, 2018 Page 38 of 50 2) (C-06-19-132-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 45. SETTING OF HEARING FOR THE SUBMITTED PETITIONS TO FORM ORANGE VALLEY ESTATES IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-3423, set a hearing date to accept the petitions filed for the formation of the proposed Orange Valley Estates Irrigation Water Delivery District as they have been determined to be signed by the majority of the owners of acreage within the proposed boundaries of the district. The hearing is set for Wednesday, November 7, 2018 at 9:30 a.m. The Board will order the Clerk of the Board to publish the petitions and the notice of hearing twice in a newspaper, the last not being less than 10 days before the hearing and post five (5) copies of the petitions and notice within the proposed district boundaries in conspicuous places within the proposed district boundaries described as: Lots 1 through 55, ORANGE VALLEY ESTATES, a Subdivision of the North Half of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 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 61 of Maps, Page 47; TOGETHER WITH Tract 11, RICHARDSON TRACT, a Subdivision of the Southwest Quarter of the Southwest Quarter & the South Half of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 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 18 of Maps, Page 6; EXCEPT that part described as follows; BEGINNING at the Northwest corner of said Lot 11, Thence South along the West line thereof 132.72 feet; Thence East 105 feet; Thence North 132.72 feet; Thence West along the North line of said Lot 11, a distance of 105 feet to the Point of Beginning; TOGETHER WITH Lots 1, 2, 3, 6, and 7, EASTSIDE ESTATES, a Re-subdivision of Tract 12 of RICHARDSON TRACT, a Subdivision of record, as recorded in Book 18 of Maps, Page 6, Maricopa County Records, and being a portion of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 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 163 of Maps, Page 14; TOGETHER WITH Lots 1 through 27, OSBORN ESTATES, a Subdivision of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 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 63 of Maps, Page 23; TOGETHER WITH Lots 28 through 60, OSBORN ESTATES II, a Subdivision of Tracts ‘A’, ‘B’, & ‘C’, of OSBORN ESTATES, a Subdivision of record, as recorded in Book 63 of Maps, Page 23, Maricopa County Records, and the Southwest Quarter of the Northeast Quarter of the Formal Meeting Minutes Wednesday, October 24, 2018 Page 39 of 50 Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 68 of Maps, Page 37; TOGETHER WITH Lots 236 through 239, HIDDEN VILLAGE FIVE, a Subdivision of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 69 of Maps, Page 9; TOGETHER WITH The West 193.67 feet of the North 254 feet as measured along the West line of the Northwest Quarter of the Northeast Quarter of the Northeast quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian of Maricopa County, Arizona; TOGETHER WITH That part of abandoned OSBORN ROAD Right-of-Way as described per City of Phoenix Resolution Numbers 20470 and 20208 as recorded in the Office of the County Recorder of Maricopa County, Arizona, per Document numbers 2005-0352252 and 2007-0282293. (Supervisorial District 2) (C-06-19-147-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Planning and Development - Planificación y Desarrollo 46. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the November 7, 2018 Board Meeting: (C-44-19-042-M-00) MCP2018004 – Reems Ranch – Military Compatibility Permit – Dist. 4 Z2018044 – Alcohol & Drug Recovery Center – SUP – Dist. 4 Z2018058 – Big O Tires – Zone Change with Overlay – Dist. 1 Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Transportation – Transportación 47. ROAD FILE NO. A597 Set a hearing for November 28, 2018 for Road File No. A597 to Open and Declare the following described alignments into the County Transportation System. The Department of Transportation Director has recommended that the South half of Sunland Avenue from the Ellsworth Road to 96th Street; and also the West half of 96th Street from the Centerline of Southern Avenue to 98th Street to the Centerline of Sunland Avenue be declared and accepted into the MCDOT road system. Formal Meeting Minutes Wednesday, October 24, 2018 Page 40 of 50 (General Vicinity: Sunland Avenue and 96th Street and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-059-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 48. ROAD FILE NO. A580 Set a hearing for November 28, 2018 for Road File No. A580 to Open and Declare the following described alignments into the County Transportation System. The Department of Transportation Director has recommended that 6th Avenue from Elmont Drive to Meridian Road, EXCEPT for those areas that are within the following Roadways: Malcolm Drive and Emerald Drive; and also Emerald Drive from Center line of 6th Avenue to 5th Avenue be declared and accepted into the MCDOT road system. (General Vicinity: 6th Avenue and Emerald Drive and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-060-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 49. ROAD FILE NO. A581 Set a hearing for November 28, 2018 for Road File No. A581 to Open and Declare the following described alignments into the County Transportation System. The Department of Transportation Director has recommended that 100th Place from University Drive to Adobe Road be declared and accepted into the MCDOT road system. (General Vicinity: 100th Place and University Drive and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-061-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 50. ROAD FILE NO. A586 Set a hearing for November 28, 2018 for Road File No. A586 to Open and Declare the following described alignments into the County Transportation System. The Department of Transportation Director has recommended that Meridian Road from Brown Road to the North line of said Southeast quarter be declared and accepted into the MCDOT road system. (General Vicinity: Meridian Road and Brown Road and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-062-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Formal Meeting Minutes Wednesday, October 24, 2018 Page 41 of 50 51. ROAD FILE NO. A599 Set a hearing for November 28, 2018 for Road File No. A599 to Open and Declare the following described alignments into the County Transportation System. The Department of Transportation Director has recommended that 35th Avenue from Carver Rd to Elliot Rd be declared and accepted into the MCDOT road system. (General Vicinity: 35th Avenue from Carver Road to Elliot Road and in Unincorporated Maricopa County. Supervisory District No. 5) (C-64-19-066-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 52. 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-06-19-138-7-00) Name Warrant No Amount Dept/School David Charles Boylan III 22602254 188.87 Elections Felco Energy Solution SA 380007181 6724.52 Public Defender DE CV Michael D Strauber 380014895 330.00 Public Defense Services Attorney Desert Breeze 3700002239 6,612.26 Balsz Elementary Transportation, LLC Center for the Collaborative 45235546 1,965.60 Fowler Elementary Classroom Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 53. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT 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 13, 2018; 2. Appoint Ray Davis, Director to fill the expired term. The appointed Director shall serve a three year term effective January 1, 2019 through December 31, 2021, OR until his/her successor is elected and qualified. A person who is Formal Meeting Minutes Wednesday, October 24, 2018 Page 42 of 50 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-06-19-126-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 54. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE BOARD OF TRUSTEES FOR RANCHO DEL MONTE IWDD NO. 58 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Rancho Del Monte IWDD No. 58: 1. Cancel the election scheduled to be held on November 21, 2018; 2. Appoint Linda Phillips, Margaret Solares and John Curtis as Trustees to fill the expired terms. The appointed Trustees shall serve a two year term effective January 1, 2019 through December 31, 2020, 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-06-19-131-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 55. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF DIRECTORS FOR QUEEN CREEK IRRIGATION DISTRICT Approve the Cancellation of Election and Appointment of Director pursuant to A.R.S. §16- 410(A) and the letter received from Queen Creek Irrigation District: 1. Cancel the election scheduled to be held on November 13, 2018; 2. Appoint Michael Gantzel as Director to fill the expired term. The appointed Director shall serve a three year term effective January 1, 2019 through December 31, 2021, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial District 1). (C-06-19-133-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 56. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF TRUSTEES FOR LONGHORN RANCH IWDD NO. 51 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Longhorn Ranch IWDD No. 51: Formal Meeting Minutes Wednesday, October 24, 2018 Page 43 of 50 1. Cancel the election scheduled to be held on November 21, 2018; 2. Appoint Mike Zahn, Patrick Neylon and Donald H. Bilse as Trustees to fill the expired terms. The appointed Trustees shall serve a two year term effective January 1, 2019 through December 31, 2020, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial District 4). (C-06-19-144-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 57. CIVIL PENALTY APPEALS Pursuant to A.R.S §42-12052, approve appeals of a civil penalty assessment regarding property reclassification on properties which have met the statutory requirements, and deny appeals which have not met the statutory requirements. Direct the Assessor and Treasurer to make conforming changes to individual property classifications and tax bills. List is attached and will be on file in the Clerk of the Board's Office in accordance with LAPR approved retention schedule. (C-06-19-145-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo 58. SECURED/UNSECURED TAX ROLL CORRECTIONS Pursuant to A.R.S. §§42-15155, 16002, 16215, 16258, and 19118, approve requests from the Assessor for corrections of the Secured Tax Rolls Resolutions, as attached and on file in the Clerk of the Board's office in accordance with LAPR retention guidelines. This reflects actual tax dollar corrections to the County tax rolls due to administrative corrections of the Assessor and as a result of property tax appeals. (C-06-19-150-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES County Attorney A-1. RELEASE AND SETTLEMENT AGREEMENT IN THE MATTER OF MARY BRINK AND ALLOCATION AGREEMENT WITH THE ARIZONA STATE RETIREMENT SYSTEM Formal Meeting Minutes Wednesday, October 24, 2018 Page 44 of 50 1. Approve the Release and Settlement Agreement and mutual general release of alleged claims in the matter of Mary Brink Notice of Claim served March 2, 2018; 2. Approve the Allocation Agreement and mutual general release of alleged claims between Maricopa County and the Arizona State Retirement System and Board; 3. Direct the department of Finance to issue payment in the amount of $15,000.00 pursuant to the terms of the Release and Settlement Agreement and the Allocation Agreement; 4. Also approve the following adjustments for the use of contingency dollars: a. Decrease the expenditure budget for non-Departmental (D470) General Fund (100) Non Recurring Non Project (NRNP) in the line “Unreserved Contingency” (4711) in the amount of $15,000.00. b. Increase the expenditure budget in the Non-Departmental (D470) General Fund (100) Non Recurring Non Project (NRNP) in the line “Judgments” (4742) by $15,000.00. These actions will have County-wide net impact of zero and they do not alter the budget constraining the expenditure of local revenue duly adopted by the Board pursuant to A.R.S. §42-17105. This item was heard in Executive Session on October 22, 2018. (C-19-19-019-S-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo Transportation A-2. SETTLEMENT IN MARICOPA COUNTY V. JEWEL INVESTMENT CO., L.P., ET AL., CV2017-006571 Approve settlement of Maricopa County v. Jewel Investment Co., L.P., et al., CV2017- 006571, in the amount of $175,000 to defendant property owners and $2,000 to defendant Burlington Northern & Santa Fe Railway Company, together with statutory interest. This item was heard in Executive Session on October 22, 2018. (C-64-19-067-S-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo MEETING RECESSED Chairman Chucri recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Chairman Chucri reconvened the Board of Supervisors. CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 59. Public comment on matters pertaining to Maricopa County government. Please limit comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board Formal Meeting Minutes Wednesday, October 24, 2018 Page 45 of 50 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.) 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.) Catherine Dodd, resident, asked about the status of the following Planning and Zoning items regarding tiny homes: TA2016008; TA2016009; and TA2017009. She questioned the outcome of the items as they were moved to several meetings and she is directly affected by the outcome. 60. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Chairman Chucri wished Fields Moseley, Director of Office of Communications, a happy birthday. Supervisor Barney thanked Chairman Chucri for his leadership and wished Mr. Moseley a happy birthday. Supervisor Gates concurred with Supervisor Barney’s comments and stated his District’s monthly coffee would be held at the Deer Valley Airport on Thursday, November 1, 2018, at 8:00 a.m. The guest is Mike McGee, Maricopa County Internal Auditor. He addressed election workers who previously received emails regarding their recruitment but have yet to receive a phone call regarding training. He respectfully asked that the Recorder contact the individuals to inform them of training for the election. Joy Rich, County Manager, informed the Board that over 200 County employees would be gathering at the Durango Campus on Thursday, October 25, 2018, for a 5K run/walk organized by the Wellness staff. This is an opportunity for employees to celebrate fitness and to stay healthy. Chairman Chucri wished Supervisor Gallardo a speedy recovery and Mr. Moseley a happy birthday. He noted his gratitude to County employees. He spoke of the recent work of the auditing teams in regards to elections and ensuring training for volunteers. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board Formal Meeting Minutes Wednesday, October 24, 2018 Page 46 of 50 ATTEST: __________________________________ Debra Schaffer, Deputy Clerk of the Board Formal Meeting Minutes Wednesday, October 24, 2018 Page 47 of 50 FLOOD CONTROL DISTRICT AGENDA AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES The Board of Directors of the Flood Control District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, October 24, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; and Denny Barney, District 1. Absent: Clint Hickman, District 4; and Steve Gallardo, District 5. Also present: Debra Schaffer, Deputy Clerk of the Board; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. F-1. IGA WITH CITY OF PHOENIX FOR PALM LANE AND 30TH STREET Approve Intergovernmental Agreement (IGA) FCD 2018A014 for the Design, Construction, Utility Relocations, Rights-of-Way Acquisitions, Construction Management, and Operation and Maintenance of Palm Lane and 30th Street Drainage Improvements Project (Project #625), between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). The estimated total cost of components associated with this IGA is $2,400,000 with the cost shared at 50/50%. The Metro Area Drainage Master Plan (ADMP) watershed area mainly covers the older developed part of Phoenix, which lies south of the Arizona Canal and north of the Salt River, between Interstate 17 and the Papago Buttes. The project consists of a storm drain along the Palm Lane from 28th Place to 32nd Street, tying into an existing 57" storm drain trunk line, laterals, manholes, catch basins, and pavement. Approximately 30 residential and commercial properties experience flooding on a regular basis, and 10 of these have experienced structural damage. This Agenda Item impacts Supervisorial District 5. (C-69-19-005-3-00) Motion to approve by Director Gates, seconded by Director Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo F-2. RESOLUTION FOR PERMIT TO WORK IN FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REAL PROPERTY Adopt Resolution FCD 2018R013, Permit to Work in Flood Control District of Maricopa County Real Property, superseding the current Resolution FCD 2002R002. This resolution authorizes the Director of the Flood Control District to require application for a right-of-way permit and to issue such permits in accordance with the provisions of the Permit Use and Fee Schedule Exhibit A to Resolution FCD 2018R013. In summary, major modifications include the following: • Modifies references to the Chief Engineer & General Manager to “Director”. • Updates the application process to allow for on-line submittals. There is no longer the need to have each applicant submit six hard copies of documents for every review submittal. • Incorporates language regarding required US Army Corps of Engineers (USACE) Section Formal Meeting Minutes Wednesday, October 24, 2018 Page 48 of 50 408 reviews and permissions which includes an option for an applicant to fund USACE reviews. • Provides the District with discretion whether to assess after-the-fact (unauthorized work) fees. • Updates language on required permittee general liability insurance. • Modifies Real Estate terminology. • Better defines and provides clarifications to the fee schedule (Exhibit A). This Agenda Item impacts Supervisorial Districts 1,2,3,4 & 5 (C-69-19-006-6-00) Motion to approve by Director Gates, seconded by Director Barney Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: __________________________________ Debra Schaffer, Deputy Clerk of the Board Formal Meeting Minutes Wednesday, October 24, 2018 Page 49 of 50 LIBRARY DISTRICT AGENDA AGENDA DEL DISTRITO DE BIBLIOTECA The Board of Directors of the Library District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, October 24, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; and Denny Barney, District 1. Absent: Clint Hickman, District 4; and Steve Gallardo, District 5. Also present: Debra Schaffer, Deputy Clerk of the Board; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. L-1. DONATION FROM THE FOUNTAIN HILLS FRIENDS OF THE LIBRARY Approve and accept a check (#3017) in the amount of $1,300.00 from the Fountain Hills Friends of the Library for newspaper subscriptions for the Fountain Hills Library. The Friends of the Library continue to support the Library District in their communities. (C- 65-19-004-D-00) Motion to approve by Director Barney, seconded by Director Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo L-2. DONATIONS In accordance with County Policy A2508, accept the monthly donation report(s) received from Library District for September 2018 for $5,519.06. (C-06-19-142-7-00) Motion to approve by Director Barney, seconded by Director Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo L-3. GRANT-IN-AID FROM THE ARIZONA STATE LIBRARY, ARCHIVES AND PUBLIC RECORDS Approve the application and acceptance of grant funds from the Arizona State Library, Archives and Public Records in the amount not-to-exceed $25,000 for the purpose of professional development of staff through training, workshops, conferences and seminars. The grant award begins on July 1, 2018 and ends on June 30, 2019. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The Library District indirect rate for FY19 is 12.9%. Total grant indirect costs are estimated to be $3,225 and are not recoverable. The grant award is reoccurring and has been awarded to the department in previous years. The department does not have an in-kind match or ongoing contributions requirement. The grant award is not a mandated function but provides a benefit to the citizens by training staff to better meet the needs of Library District customers. The grant award is competitively bid or non-competitive- not applicable. There are no costs that will need to be absorbed by the department’s operating budget. This program is supported by the Arizona State Library, Archives & Public Records, a division of the Secretary of State, with funds appropriated by the Arizona State Legislature. (C-65-19-005-G-00) Motion to approve by Director Barney, seconded by Director Gates Formal Meeting Minutes Wednesday, October 24, 2018 Page 50 of 50 Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo L-4. GRANT-IN-KIND FROM THE ARIZONA STATE LIBRARY ARCHIVES & PUBLIC RECORDS Approve the application for and acceptance of a grant-in-kind from the Arizona State Library, Archives and Public Records in the amount not-to-exceed $5,000 in supplies to support STEM programs at the Northwest Regional Library and the Goodyear Library. The grant award begins on August 31, 2018 and ends on September 30, 2018. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The Library District indirect rate for FY19 is 12.9%. Total grant indirect costs are estimated to be $645 and are not recoverable. The grant award is one-time. The department does not have an in- kind match or ongoing contributions requirement. The grant award is not a mandated function but provides a benefit to the citizens expanding STEM programs offered by the Library District. The grant award is competitively bid or non-competitive- not applicable. There are no costs that will need to be absorbed by the department’s operating budget. This project is supported by the Arizona State Library, Archives & Public Records, a division of the Secretary of State, with federal funds from the Institute of Museum and Library Services. (C-65-19-006-G-00) Motion to approve by Director Barney, seconded by Director Gates Ayes: Barney, Chucri, Gates Absent: Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: __________________________________ Debra Schaffer, Deputy Clerk of the Board