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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 66 Library District 67 Stadium District No Meeting Board of Deposit No Meeting Wednesday, November 28, 2018 9:30 AM Formal Meeting Minutes Wednesday, November 28, 2018 Page 2 of 66 Chairman Chucri announced the passing of former Congressman Ed Pastor. Chairman Chucri stated Mr. Pastor previously served on the Board of Supervisors before he became a Congressman. He said the Board would share a few thoughts and asked the assemblage to partake in a moment of silence after the Boards’ comments to honor Mr. Pastor. Supervisor Hickman stated Mr. Pastor was a beacon of light to the community and was the first Mexican American to serve as an Arizona Congressman as well as having an outstanding record while serving as a County Supervisor. He recollected on a meeting he attended at the beginning of his Supervisory term and the speaker noted the best County Supervisor was Ed Pastor because he got things done with a sense of humor. Mr. Pastor is a model that the Board can emulate as he always made time for you regardless of political affiliation. He said Mr. Ed Pastor would be missed. Supervisor Gates concurred with Supervisor Hickman’s comments. He commented on the lack of civility in politics and discourse but Ed Pastor bucked the trend as an incredible public servant who worked in a way that the Board tries to emulate. He recalled when he spoke with Mr. Pastor as a Ping Golf employee with Lorena Ochoa, a Mexican professional golfer and women’s number one golfer at the time. He noted how excited and proud Mr. Pastor was of Ms. Ochoa’s accomplishment as a Latina golfer. Mr. Pastor’s commitment to public service lives on through his family, particularly through his daughter City of Phoenix Councilmember Laura Pastor. She has the same passion and carries on Mr. Pastor’s commitment to bi-partisanship and service. He said Ed Pastor was a great Arizonia gentleman. Supervisor Barney stated he did not have a long history with Ed Pastor but recalled a conversation he had with Mr. Pastor shortly after his successful election as Supervisor. The conversation did not seem like much at the time but as he watched him interact, serve, love and smile within the community through the years he realized that was the essence of Ed Pastor. He said Mr. Pastor would be missed. He said he is grateful for Mr. Pastor’s service and the honor he brought to those who choose to serve in public office. Chairman Chucri said he met Ed Pastor when he was 25 years old as a young staffer at the Capital and recalled how Mr. Pastor advised him to listen and learn. He noted Mr. Pastor may have been the lone Congressional Democrat at the time but he knew what and how to get things done, as it was the right thing to do. He spoke of Mr. Pastor’s family and said he was a quality individual as he truly cared and loved Arizona. He Formal Meeting Minutes Wednesday, November 28, 2018 Page 3 of 66 spoke of Supervisor Gallardo’s absence and noted he has been fielding calls since former Congressman Ed Pastor’s passing and he shared a close relationship with Mr. Pastor and his family. He asked the assemblage to stand for a moment of silence in honor of former Congressman Ed Pastor. 1. INVOCATION - INVOCACIÓN Fran McCarroll, Clerk of the Board of Supervisors, offered the invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Bruce Liggett, Director of Human Services, 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, November 28, 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; Denny Barney, District 1; Clint Hickman, District 4; Steve Gallardo, District 5 (entered late). Also present: Fran McCarroll, 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 Ben Swan, Maricopa County Animal Care and Control, presented Rudy, a five-month- old, male, Chihuahua mix. He is available for adoption at the West Shelter located at 2500 W. 27th Ave., Phoenix, AZ 85009. Mr. Swan thanked the volunteers who worked during the Thanksgiving holiday and for their donations of needed items for over 800 dogs. He announced an “Empty the Shelter” event would be held over the weekend with waived adoption fees thanks to Bissell. For information concerning adoptions, contact 602-506-PETS or visit www.pets.maricopa.gov. Formal Meeting Minutes Wednesday, November 28, 2018 Page 4 of 66 PRESENTATIONS - PRESENTACIÓNES 5. EMPLOYEE SERVICE AWARDS Acknowledge and present the following employees, who have provided 30 or more years of public service to Maricopa County, with service award plaques recognizing their years of service and contributions to the residents of Maricopa County. (C-31-19-014-M-00) 30 YEARS Diane Arens-Miller Manuel Molina Henry Brandimarte Kevin Kraayenbrink Burt Jorgensen Louis DiPietro Gary Byrne William (David) Garland Dawn Grigsby 35 YEARS Barbara White 40 YEARS Dante Proto Jan Plank, Director of Human Resources, presented each employee and recognized his or her accomplishments. There was a photo opportunity with the Board of Supervisors. ~ Supervisor Gallardo entered the meeting ~ County Attorney’s Department Dawn Grigsby, 30 years Burt Jorgensen, 30 years Sheriff’s Department Henry Brandimarte, 30 years William (David) Garland, 30 years Kevin R. Kraayenbrink, 30 years Dante L. Proto, 40 years Gary Byrne, 30 years Human Resources Department Manuel C. Molina, 30 years Office of Enterprise Technology Barbara E. White, 35 years Human Services Department Diane T. Arens-Miller, 30 years Louis DiPietro achieved 30 years of service but was not present. Chairman Chucri congratulated the employees and thanked them for their dedication. Formal Meeting Minutes Wednesday, November 28, 2018 Page 5 of 66 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. DESERT WHISPER Case #: DMP2018006 Supervisor District: 5 Applicant /Owner: Lindsay Schube, Gammage & Burnham, PLC / DB Desert Whisper Investments, LLC Request: Elimination of conditions ‘p’ and ‘aa’ to the Desert Whisper Development Master Plan (ref. #DMP2013003) Site Location: Generally located at the northwest corner of 363rd Ave. and Indian School Rd. in the Tonopah area Commission Recommendation: On 10/25/18, the Commission voted 6-0 to recommend approval of DMP2018006 subject to conditions ‘a’ – ‘y’: a. Development shall comply with the Development Master Plan document entitled “Desert Whisper Development Master Plan”, a bound document, dated January 30, 2008 and stamped received April 28, 2008, including all exhibits, maps, and appendices, except as modified by the following stipulations. b. Changes to the Desert Whisper Development Master Plan with regard to use and intensity, or changes to any of the stipulations approved by the Maricopa County Board of Supervisors, shall be processed as a revised application with approval by the Board of Supervisors upon recommendation by the Maricopa County Planning and Zoning Commission. Revised applications shall be in accordance with the applicable Development Master Plan Guidelines, subdivision regulations, and zoning ordinance in effect at the time of application(s) submission. The Maricopa County Planning and Development Department may approve minor changes administratively as outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of amendment. Non-compliance with the approved Desert Whisper Development Master Plan narrative report, maps, and exhibits, or the stipulations of approval will be treated as a violation in accordance with the provisions of the Maricopa County Zoning Ordinance. c. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of DMP2013003 which details the status of this project, including progress on obtaining necessary entitlements, licenses, and permits; compliance with the conditions of approval; compliance with the approved narrative report; compliance with the approved land use plan; and justification as to how the approved land use plan still represents appropriate land use planning for the property and unincorporated Maricopa County in accordance with the goals and policies in its comprehensive and applicable area plan. This report shall be scheduled for public hearing by the Maricopa County Board of Supervisors (Board), upon recommendation by the Maricopa County Planning and Zoning Commission (Commission), to consider whether the planning justification for this DMP is still present, and whether the land use designations associated with this DMP still Formal Meeting Minutes Wednesday, November 28, 2018 Page 6 of 66 represent appropriate and better long-term land use planning in accordance with the goals and policies of the Maricopa County Comprehensive Plan and applicable area plan. If the Board rescinds this DMP and reverts the current land use designations back to Rural (0-1 du/ac), all entitlements associated with this project that were conditional pursuant to the Maricopa County Zoning Ordinance may also be considered by the Board, upon recommendation by the Commission, for reversion to the prior entitlements. In such an event, the comprehensive plan land use map, area plan land use map, and, as applicable, zoning map shall be altered to reflect Board action. d. Prior to approval of any zone change, the master developer shall enter into a development agreement with Maricopa County. Further, prior to approval of any zone change this development agreement shall be signed by both the master developer and the designated Maricopa County representative(s), approved by the Board of Supervisors and provided to the Maricopa County Planning and Development Department for public record. e. The master developer shall be responsible for the construction of all public and private on-site roads within the Desert Whisper Development Master Plan. Further, the Desert Whisper homeowners association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and facilities, washes, parks, roadway median landscaping, landscaping with public rights-of-way, and all pedestrian, bicycle, and multi- use paths. f. Prior to approval of each final plat, the master developer shall submit to the Maricopa County Planning and Development Department a landscape inventory and salvage plan which identifies and assesses the native vegetation within the development parcels, and which determines the preservation/disposition for each of the selected native vegetation. g. Landscaping of all common areas and open spaces, except for identified recreational areas, within Desert Whisper shall consist of indigenous and near-native plant species of a xeriphytic nature. h. All irrigation water supplied for common/open space areas and/or lakes over ten (10) acres in size shall be provided entirely by a renewable supply of water, such as treated effluent, surface water, or Central Arizona Project (CAP) water, within five (5) years after issuance of the first building permit. Interim water for the purposes noted may be supplied by groundwater and shall comply with all Arizona Department of Water Resources regulations. Proof of conversion from groundwater to a renewable water supply shall be provided to the Maricopa County Planning and Development Department within the five year requirement. i. The Desert Whisper Development Master Plan shall be developed sequentially as depicted on the phasing diagram contained in the Desert Whisper Development Master Plan narrative report. j. The total number of residential dwelling units for the Desert Whisper Development Master Plan shall not exceed 2,943 dwelling units. To help ensure compliance, the cumulative number of dwelling units completed to date, in relation to the identified limit, shall be identified on all plats. k. The master developer shall notify all future Desert Whisper Development Master Plan residents that they are not located within an incorporated city or town, and therefore will not be represented by, or be able to petition a citizen-elected municipal government. Notification shall also state that residents will not have access to municipally-managed services such as police, fire, parks, water, wastewater, libraries, and refuse collection. Such notice shall be included on all final plats, be permanently posted on the front door of Formal Meeting Minutes Wednesday, November 28, 2018 Page 7 of 66 all home sales offices on not less than an 8-½ by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC&Rs). l. All park facilities shall be completed concurrently with residential development of the respective plat on which the park is shown. Park facilities and amenities shall be identified on all applicable plats, and are subject to review by the Maricopa County Planning and Development Department. m. Not less than 36 acres shall be reserved for Recreational Open Space (ROS) land use. Further, the project shall have not less than two (2) park sites as depicted on the land use plan. Further, not less than thirteen (13) pocket parks at least one (1) acre size each shall be provided. All parks shall include recreational amenities. At the time of each preliminary plat submission, the master developer shall include a description of the status of the cumulative ROS acreage and park numbers with respect to the requirements of this stipulation. A description of the types of recreational amenities that will be included in the ROS and mini-park areas shall also be submitted with all preliminary plats to the Maricopa County Planning and Development Department. n. Unless otherwise agreed to in writing by the applicable school districts, not less than one (1) school site and a minimum of 17 acres shall be reserved for a school at the site identified on the Desert Whisper land use plan. Said school shall not front on to arterial streets. o. The master developer shall provide major multi-use trails and minor pathways/trail connections as depicted on Figure 12 of the Desert Whisper Development Master Plan. Such trails and minor pathways/trail connections shall be identified on all plats and are subject to approval by Maricopa County. p. Prior to approval of the first preliminary plat or first Approval to Construct (whichever comes first), Final Water and Sewer Master Plans must be submitted, under application and fee, for the onsite water and sewer infrastructure to MCESD for approval. Approval of these final master plans will be required before any Final Plats will be approved by MCESD. q. The property owner and their successors waive claim for diminution in value if the County takes action to rescind approval of this Development Master Plan due to noncompliance with any of the approved stipulations. r. The following Maricopa County Drainage Review stipulations shall apply: 1. All development and engineering design shall be in conformance with the Drainage Regulation and current engineering policies, standards and best practices at the time of application for construction. No variance from the Drainage Regulations or drainage engineering design standards is granted or entitled under this DMP. 2. Drainage review of planning, zoning and/or Development Master Plan cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Drainage Regulation and design policies and standards. Modeling submitted with this DMP is for conceptual level analysis only. All plats shall be submitted with appropriate and detailed model to reflect the existing and proposed development conditions. Formal Meeting Minutes Wednesday, November 28, 2018 Page 8 of 66 3. Hydrology analysis for this development is dependent on the conditions of upstream area around Central Arizona Project. All flow data from this study will not be approved until FEMA approves the condition around the Central Arizona Project. Hydrology analysis will need to be re-done if FEMA approval is not granted. s. The following Maricopa County Department of Transportation stipulations shall apply: 1. The Applicant/Developer shall provide a Traffic Impact Study (TIS). The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The TIS must be approved before subsequent approval of any roadway improvement plans. The TIS shall be updated prior to the first final plat approval and with each development phase to reflect current conditions and any changes to the development plan. Additional lane capacity on offsite alignments will be reviewed with each resubmittal of the TIS. The project must comply with all recommendations in the MCDOT-approved TIS. The Applicant must provide an updated TIS prior to rezoning. 2. The Developer shall make a contribution to regional transportation infrastructure. The contribution shall be $3,281.00 per residential dwelling unit. The Developer may choose to construct off-site street improvements in lieu of payment of this contribution. Such off-site street improvements must be “system roadways,” must be all-weather facilities, must meet county standards in effect at the time they are improved, and must be pre-approved by MCDOT. MCDOT may require a Development Agreement to detail the specifics of construction, including phasing and timing. If the Developer chooses not to construct off- site regional roadway improvements, the Developer shall pay the contribution amount at the time individual building permits are issued, or per an alternate agreement as approved by MCDOT. 3. If required per item 2 above, a Development Agreement shall be executed prior to any zoning approval. The Development Agreement shall be an enforceable contract, regardless of annexation. 4. The Applicant/Developer shall provide the ultimate full or half-width of right-of way for all public roadways as follows: A.) Bethany Home Road: 65 feet (entire north boundary of project.) B.) Camelback Road: 70 feet and 140 feet with 30 feet of landscape/roadway/utility easement on each side. C.) Indian School Road: 65 Feet. D.) 371st Avenue: 65 Feet. E.) 363rd Avenue: 65 Feet The above references interior and perimeter roads. (The project boundary is the centerline of all perimeter roadways and/or roadway alignments.) Full-width right-of-way shall be provided where the entire roadway is within the development (interior roadways). Half- width right-of-way shall be provided where “half” of the roadway is within the development (perimeter roadways). Formal Meeting Minutes Wednesday, November 28, 2018 Page 9 of 66 At intersections where future dual left turn lanes are possible, right-of-way shall be increased at the intersection to 150-feet for arterials and 220-feet for parkways. This widened right-of way section shall accommodate dual left turn lengths (including reverse curves.) 5. The Developer shall be responsible for design and construction of the ultimate full-width of all interior roadways, and the ultimate half-width of all perimeter roadways, unless approved otherwise by MCDOT. A portion of these improvements may be creditable to the Developer’s contribution referred to in item 2. All roadways must meet county standards in effect at the time they are improved. Half-width roadways must be designed so as to safely carry two-way traffic until the ultimate roadway is constructed. 6. The Developer is responsible for assuring paved access to their site at the time of the first final plat. Improvements necessary to provide paved access may or may not be creditable to the Developer’s contribution referred to in item 2. 7. The Developer shall provide all-weather access to all parcels and lots, including an all weather access from I-10. 8. The Developer shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 9. The Developer shall not locate elementary or middle schools on arterial roads. 10. The Developer shall design the development to promote pedestrian, bicycle and other alternative modes of transportation to public facilities within and adjacent to the site (i.e., bus bays, electric vehicles, shared accommodations, internal trail systems, etc.) 11. If streetlights are provided, installation shall be provided by the Developer. If streetlights are within public rights-of-way, a Street Light Improvement District (SLID) or comparable authority shall be established to provide operation and maintenance. The Developer should contact the Office of the Superintendent of Streets (602-506-8797) to initiate the SLID process. 12. The Developer shall design landscaping to comply with all MCDOT requirements and to conform to Chapter 9 of the MCDOT Roadway Design Manual. The Developer (or as assigned to the Home Owner’s Association (HOA)) shall be responsible for maintenance of landscaping within public rights-of-way. 13. The Developer shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 14. The Developer shall comply with all applicable local, state and federal requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.) t. The following Flood Control District of Maricopa County stipulation shall apply: 1. Prior to approval of any development in the Palo Verde Zone “A“ delineation floodplains through the DMP limits, a detailed floodplain study must be completed and submitted to the Flood Control District for approval. The study will then be submitted to the Federal Emergency Management Agency for the Conditional Letter of Map Revision (CLOMR)/Letter of Map Revision (LOMR) process. Formal Meeting Minutes Wednesday, November 28, 2018 Page 10 of 66 u. The following Maricopa County Department of Emergency Management stipulation shall apply: 1. Any areas not covered by the existing Outdoor Warning Siren System used to alert residents within the 10-mile Emergency Planning Zone of the Palo Verde Nuclear Generating Station in time of emergency shall be required to include additional sirens, at the developer’s cost, in order to provide adequate warning for the residents of that development, using technical information concerning the siren system obtained from the Emergency Planning Department at the Palo Verde Nuclear Generating Station. In addition, adequate signage available from the Palo Verde Nuclear Generating Station Emergency Planning Department shall be required to be posted on the site to inform the public of the presence of a nuclear generating station in the vicinity and outlining actions to take upon receiving warning notification. v. The following Luke Air Force Base stipulation shall apply: 1. The master developer shall notify future residents that they are located within the vicinity of a military training route with the following notification: “You are buying a home or property within the vicinity of a military training route, and may be subject to direct overflights and noise by Luke Air Force Base and other military jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flights per year, at an average of approximately 170 over flights per day. Although Luke’s primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range, and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base’s normal flying hours extend from 7:00 A.M. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends.” Such notification shall be permanently posted in front of all home sales offices on not less than a 3 foot by 5 foot sign, be permanently posted on the front door of all home sales offices on not less that an 8½ inch by 11 inch sign, be included in all covenants, conditions, and restrictions (CC&Rs) and be included in the public report. w. Prior to any zoning change, the applicant shall submit to the Maricopa County Planning and Development a “will serve” letter and an approved Certificate of Convenience and Necessity (CC&N) from the Water Utility of Greater Tonopah which demonstrates a willingness and capability to serve the entire Desert Whisper Development Master Plan. x. Prior to any zoning change, the applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and verification of approval of a Maricopa Association of Governments (MAG 208) amendment from Balterra Sewer Corporation which demonstrates a willingness and capability to serve the entire Desert Whisper Development Master Plan. y. The Desert Whisper Development Master Plan is not a protected development right plan. (C-44-19-062-M-00) Planning and Development Staff were available to answer questions or concerns about the Planning items. Motion to concur with the Planning Commission recommendation for approval subject to conditions ‘a’ through ‘y’ by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 28, 2018 Page 11 of 66 PZ-2. ARRINGTON BILLBOARD Case #: Z2018086 Supervisor District: 2 Applicant /Owner: Arrington Outdoor Advertising LLC, c/o Carolyn Oberholtzer, Bergin, Frakes, Smalley and Oberholtzer, PLLC / PJT Enterprises, Pete Tode Request: Major Amendment to IND-2 IUPD zoning district development standards to allow increased billboard height and sign face area Site Location: Generally located approx. 880 ft. east of Country Club Dr., immediately north of Loop 202 (Red Mountain Fwy.), in the Mesa area Commission Recommendation: On 10/25/18, the Commission voted 6-0 to recommend approval of Z2018086 subject to conditions ‘a’ – ‘g’: a. Development of the site shall comply with the site plan entitled “Industrial Plan of Development”, consisting of one full-size sheet, dated October 12, 2018, and stamped received October 15, 2018, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Arrington Outdoor Advertising, LP”, consisting of 9 pages, dated October 15, 2018, and stamped received October 15, 2018, except as modified by the following conditions. c. In addition to the existing IND-2 IUPD development standards on the property, the following IND-2 IUPD standards shall apply for the off-site advertising sign: 1. Height of the off-site advertising sign: 65 feet (except that lighting fixtures may extend another four feet above the top of the sign) 2. Maximum sign face area: 672 square feet All other standards of the IND-2 IUPD zoning district shall remain. d. Billboard lighting shall adhere to MCZO Article 1112.3.2. Lighting shall be from the top down and fully shielded. e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of the IND-2 IUPD standards 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 the development standards for the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the development standards 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 Formal Meeting Minutes Wednesday, November 28, 2018 Page 12 of 66 application due to such revocation of the zone change. The zone change is granted and reverting to the prior development standards results in the same value of the property as if the zone change had never been granted. (C-44-19-063-M-00) Motion to concur with the Planning Commission recommendation for approval subject to conditions ‘a’ through ‘g’ by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-3. SUPERSTITION MANOR Case #: Z2018063 Supervisor District: 2 Applicant & Owner: John Burns, Burns Family Investments Request: Major Amendment to Special Use Permit #Z2012086 for Superstition Manor Site Location: Generally located at the northwest corner of Brown Rd. and Signal Butte Rd. in the east Mesa area Commission Recommendation: On 10/25/18, the Commission voted 6-0 to recommend approval of Z2018063 subject to conditions ‘a’ – ‘y’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Superstition Manor”, consisting of 2 full-size sheets, dated stamped received on October 9, 2018, except as modified by the following conditions. Within 30 days of Board approval, the applicant shall provide an updated site plan illustrating the 25’x25’ site visibility triangle (SVT) on the northeast corner of Brown Rd. and 107th St. b. Development of the site shall be in conformance with the Narrative Report entitled “Superstition Manor Inc./The Pavilions at Superstition Manor Inc.”, consisting of 16 pages, dated stamped received on October 22, 2018, except as modified by the following conditions. c. These listed conditions supersede all conditions of approval for Z2012086 as amended with Z20130113, Z2014021, and Z2014012. d. The Special Use Permit is for a wedding/event reception center, catering, and offsite event consulting and equipment rental storage. Said equipment rental shall be limited to materials used at the Superstition Manor event center. Auction events shall only be held indoors. Horse shows, motorcycle events, and similar events are prohibited without an approved Temporary Use Permit. Any event that cannot meet these conditions shall require a Temporary Use Permit. e. The Special Use Permit shall vary the R1-35 development standards to permit an 8’ high solid wall along all lot lines, and a 20’ minimum setback along the Signal Butte Rd. property line and 5’ along the Brown Rd. and 107th St. property lines. f. All landscaping shall be maintained and replaced as necessary to maintain the integrity of the proposal for the life of the Special Use Permit. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. The hours of operation (open to the public) for this facility shall be restricted to between Formal Meeting Minutes Wednesday, November 28, 2018 Page 13 of 66 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 11:00 p.m. on Friday and Saturday. New Years/New Eve hours of operations to 1:30 a.m. with music until 1:00 a.m. i. The maximum number of people on the property at any one time is limited to 550. There shall be no more than 550 persons on site at any given time. This includes guests, customers, staff, residents, visitors and any other persons. There may be multiple events at the same time. j. Security and parking attendants shall be provided for every event (or combination of concurrent/overlapping events) over 150 guests. k. No live amplified music or speakers are permitted outside other than during a wedding ceremony officiated by an individual authorized to perform weddings. Light background music is permitted. Amplified music inside shall not extend past 10:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday. Noise generated on site shall not exceed 55 dB average over a 10 minute period as measured outside the boundary of the special use permit. l. Outdoor parking lot lighting and wall lighting in excess of 60 watt incandescent or equivalent lumens shall be fully shielded and directed downward. Parking lot lighting, sign lighting, and wall lighting shall be turned off within 30 minutes after the event. This condition does not apply to outdoor light fixtures at the residential entrance to the building. There shall be no lighting on perimeter walls except at driveways. m. The designated onsite parking area must be paved with or use of recycled asphalt material that meets Air Quality standards with marked spaces. All guests, customers, customers, staff, residents, visitors and any other persons shall park in the designated parking area and not on the adjacent streets, proximate neighborhood streets, or offsite residential parcels; except that offsite event parking at nonresidential properties is permitted with a valet or shuttle service. n. Maricopa County Department of Transportation extends their recommendation with the following conditions: 1. Brown Rd. is a MCDOT maintained roadway classified as a principal arterial roadway. The MCDOT ROW requirement for an arterial roadway is 65 feet (half-width). Dedication of an additional 25 feet of ROW (40 feet existing) is required. Dedication of right-of-way must be completed before issuance of any building permits associated with this proposed expansion. 2. The project narrative references an emergency driveway access to Brown Road. This access must be shown on the preliminary grading and drainage plan. The driveway must be shown as locked and gated and identified as an emergency access. The driveway access must be asphalt or concrete with the 65’ right-of-way. o. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. p. The following Drainage Review conditions shall apply: 1. A Preliminary Grading and Drainage Plan has been submitted. The required retention volume (required and provided) for Basin 6 must be updated to include the entire parking Formal Meeting Minutes Wednesday, November 28, 2018 Page 14 of 66 area, which scales to about 50,900 ft2. The resultant required volume would equate to +/- 8,800 ft3. The plans indicate Basin 6’s volume as 7,434 ft3. 2. The following conditions must be included as part of any approval for this project: a. The minimum top width of earthen berms separating retention basins an drainage channels must be a minimum of eight (8) feet. b. Retention basins must drain within 36 hours. This will require new soil percolation testing or the installation of drywells prior to final drainage approval of the site improvements. c. The site must be graded so that all onsite areas will drain to a retention basin. d. Detailed grading and drainage plans will be required to be submitted for the issuance of building permits. Updated grading showing the ties to proposed onsite grading to existing offsite surrounding grades will be required at that time. 3. There are several open building permits on the subject premises. As a condition of any approval, all work associated with the open permits must be completed or, the permits must be terminated prior to issuance of any new building permits on the site. q. This Special Use Permit shall expire on November 28, 2038. r. The applicant/owner shall submit a written report outlining the status of the development annually from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. If the conditions of Special Use Permit approval have not been maintained the matter may be considered by the Board of Supervisors for revocation upon recommendation by the Planning and Zoning Commission. s. Event traffic exiting onto Signal Butte Road shall only be permitted turning right / southbound. Applicant shall address by signage, striping or physical barrier. There shall be no event traffic ingress/egress from Brown Rd. There shall be no event traffic ingress/egress onto 107th St other than for the purpose of secondary emergency access. t. The subject parcels must be consolidated prior to building permit approvals of the proposed expansion. u. The following MCESD conditions will apply: 1. Previous wastewater management design approvals limited the site usage to 250 maximum attendees per day. The proposed expansion requires review and approval of the existing and proposed septic systems. A new onsite wastewater permit is required for the installation or alteration of any septic system. In addition, a Minor Plan Review application is required for the evaluation of any existing septic system for its ability to accommodate the change in usage, which may determine that an alteration is required. Please note that if the design wastewater flow for the total facility is over 3,000 gallons per day, additional seepage pits cannot be permitted per Arizona Administrative Code R18-9-E323. Contact the Environmental Services Department Onsite Wastewater Program at 602-506-6616 or email at septicquestions@mail.maricopa.gov for possible permitting requirements associated with the expansion. 2. Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. If required, the Formal Meeting Minutes Wednesday, November 28, 2018 Page 15 of 66 owner/developer shall prepare a SWPPP and obtain approval by MCESD prior to construction. (A separate submittal to MCESD would be required.) If required, upon completion of construction, the owner shall fulfill MCESD requirements and obtain a post- construction stormwater permit. If applicable, the site plan shall contain a note designating the entity responsible for operation and maintenance of the on-lot stormwater management facilities consistent with an approved operation and maintenance plan. v. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. w. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). x. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. y. 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 is temporary and allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions and stipulations. In the event of the failure to comply with any condition or stipulation, 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 stipulations, 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-44-19-064-M-00) Motion to concur with the Planning Commission recommendation for approval subject to conditions ‘a’ through ‘y’ by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo REGULAR AGENDA - AGENDA REGULAR PZ-4. WHITE TANKS VISTAS Case #: Z2018051 Supervisor District: 4 Applicant/Owner: David Bohn, Westwood Professional Services / Verma MD2 Sonoran Ridge Estates 195/Northern Request: Zone Change from Rural-43 RUPD to R1-6 RUPD Site Location: Generally located 2,900’ west from the corner of Perryville Rd. and Northern Ave. in the Waddell area Formal Meeting Minutes Wednesday, November 28, 2018 Page 16 of 66 Commission Recommendation: On 9/6/18, the Commission voted 7-0 to recommend approval of Z2018051 subject to conditions ‘a’ – ‘e’: a. Development and use of the site shall comply with the Narrative Report entitled “White Tank Vistas”, consisting of 10 pages, dated stamped received July 13, 2018, except as modified by the following conditions. b. The following 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, 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. Right-of-Way dedications for perimeter streets will be required as follows with plat approval, unless otherwise waived by MCDOT: Northern Avenue: 65 feet Jackrabbit Trail: 70 feet 191st Avenue: 40 feet 3. Development of the site will require offsite right-of-way acquisition and roadway improvements to provide a minimum two (2) paved points of access. Road improvements shall meet the minimum requirements of MCDOT for each respective road classification. 4. A Traffic Impact Study to address traffic impacts and (additional) roadway improvements required to support the proposed development must be submitted with the Preliminary Plat application. 5. If required, submission of a CLOMR application to the Flood Control District must be made prior to or concurrent with the application for Preliminary Plat. c. The following R1-6 RUPD standards shall apply: 1. Minimum Lot Area: 4,950 sq. ft. 2. Minimum Lot Width: 45’ d. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the subdivision infrastructure permit or construction permit for each phase must be obtained. 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, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-19-045-M-00) Formal Meeting Minutes Wednesday, November 28, 2018 Page 17 of 66 Jennifer Pokorski, Director of Planning and Development, reviewed the item and noted Planning and Development received 245 notices of opposition, 3 letters of support, 26 letters in opposition were presented to the Clerk of the Board this morning. A supermajority vote is not triggered as there are 42 parcels within 300 feet of the proposed zone change and 10 are opposed. The remaining parcel owners within the 300 feet are either in support or did not respond to the public notice. Ms. Pokorski stated the main concerns of residents have been increased traffic, size of lots are not consistent with existing Sonoran Ridge Estates to the north, concerns about street lights and concerns on impacts to washes and drainage. The applicant has met with the residents to attempt to address the concerns and will present the outcome of the meetings to the Board. Based on the feedback from the meetings, resident concerns and conversations with the applicant Planning & Development staff has offered modified conditions to address the community concerns. Ms. Pokorski read the following conditions with amendments into the record for consideration by the Board (language to be added is underscored, language to be deleted is struck-through): a. Development and use of the site shall comply with the Narrative Report entitled “White Tank Vistas”, consisting of 10 pages, dated stamped received July 13, 2018, except as modified by the following conditions. Within 30 days of Board approval the narrative and exhibits shall be revised consistent with the one page exhibit entitled “Conceptual Site Plan White Tank Vistas” prepared stamped received November 20, 2018, except as modified by the following conditions. b. The following 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, 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. Right-of-Way dedications for perimeter streets will be required as follows with plat approval, unless otherwise waived by MCDOT: Northern Avenue: 65 feet Jackrabbit Trail: 70 feet 191st Avenue: 40 feet 3. Development of the site will require offsite right-of-way acquisition and roadway improvements to provide a minimum two (2) paved points of access. Road improvements shall meet the minimum requirements of MCDOT for each respective road classification. 4. A Traffic Impact Study to address traffic impacts and (additional) roadway improvements required to support the proposed development must be submitted with the Preliminary Plat application. 5. If required, submission of a conditional letter of map revision (CLOMR) application to the Flood Control District must be made prior to or concurrent with the application for Preliminary Plat. c. The following R1-6 RUPD standards shall apply: 1. Minimum Lot Area: 4,950 sq. ft. Maximum number of lots: 260 (2.36 d.u./ac.) Formal Meeting Minutes Wednesday, November 28, 2018 Page 18 of 66 2. Minimum Lot Width: 45’ 50’ (maximum of 33% of lots less than 60’ width, minimum of 40 lots at 90’ width) 3. Minimum open space: 37.5 acres (this common open space to be landcaped only with indigenous plant species). This shall include a minimum 150’ wide tract for natural open space along the boundary between White Tank Vista and Sonoran Ridge Estates. Major wash corridors (along the eastern boundary and bisecting from northwest to south-central) shall be set aside as natural open space with tract width determined by the 100-year flood water surface elevation plus one foot of free-board. 4. No lots less than 90’ width within 360’ of the Sonoran Ridge Estates boundary. 5. Maximum Building Height: 30’ / 2 stories. Two-story homes are limited to a maximum of 50% of the lots within White Tank Vista. 6. Minimum Dwelling Size: Single-family residences shall be at least 1,750 sf livable floor area for 33% of the units, but larger for other units. d. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the subdivision infrastructure permit or construction permit for each phase must be obtained. 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, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. f. If White Tank Vistas has interior streets that connect with the existing Sonoran Ridge Estates street network at gates (wrought-iron or architectural treatment consistent with existing gates in Sonoran Ridge Estates) it shall be for secondary emergency access only between White Tank Vistas and Sonoran Ridge Estates. g. There shall be no street lighting within private street tracts, except at street intersections. Street lighting at intersections shall be shielded and directed downward below the horizontal plane. h. Walls along the subdivision perimeter or along open space tracts shall be masonry with painted or integral color block, accented with two-toned desert palette by split face banding and columns. Chairman Chucri announced there were registered speakers present regarding item PZ- 4 and invited the applicant representative to approach the podium to speak. Jason Morris, spoke on behalf of the applicant, he thanked staff and District 4 for their continued involvement on the project. He noted the project has gone through significant changes during the last eight months. Mr. Morris reviewed the location, infrastructure and progressive development of the area. He spoke of the original concept of 329 lots, accommodations made to increase the lot size with a revised concept of 260 lots, Formal Meeting Minutes Wednesday, November 28, 2018 Page 19 of 66 location of State land, area land use, zoning and traffic within the area. He then reviewed the outreach approach with the community and the additional conditions. Supervisor Hickman thanked Mr. Morris for his work on the item. Supervisor Barney stated Planning and Development has a clarification. Ms. Pokorski explained a transposed number within the modified proposal should actually read the following: Minimum Rear Setback of 25 feet Minimum Side Setback (Interior) of 5 feet Dale Cline, resident since 2002 in opposition, stated he has not met with the applicant or their attorneys. He owns four properties containing two acres in the proposed vicinity. He said it was late when he learned of the proposal. Mr. Cline spoke regarding current residents being original investors, the amount of land the applicant owns in the area, increase in property value that the current residents have contributed to, non- contribution of property value by applicant, applicant purchase of land with knowledge of zoning status, and effects of new developments to the current residents such as the increase of water costs. Mr. Cline said he has been a long-term investor while the applicant has just sat on the land investing minimal taxes and now wants to invest in the property to make money. He said large developments hurt current residents by affecting their increase of costs, traffic, taxes and utilities. He noted discrimination between current residents and the applicant. Mr. Cline said current residents do not want increased taxes and that is why they live in the area. He said the applicant is developing in the County because it is cheaper and asked that the applicant be required to follow what the current plan is. Supervisor Hickman asked Mr. Cline if he owns the four properties within Granite Vista. Mr. Cline responded that he owns four properties in Clearwater Farms. Supervisor Hickman asked what the distance of his properties are from the requested development. Mr. Cline stated his properties are located at 181st, 175th and two properties located at 183rd Avenue noting one parcel is a vacant lot. Discussion ensued on the actual distance and it was determined that the development is about a half mile from his property located south of Northern Avenue. Cornell Davis, resident representing Clearwater Farms in opposition, said the development is within 300 feet of Clearwater Farms Subdivision. The subdivision was established in 1928 or 1929; residential development started in the 1970s; and the properties were divided between one to three acre parcels. He said he attended a meeting at Sonoran Ridge Estates after the Board postponed the item. During that meeting a discussion ensued regarding the development. Mr. Davis questioned possible traffic issues and was told Clearwater Farms residents do not count. He said he owns two properties within Clearwater Farms and residents bought their property knowing what the zoning was within the area. He said he is not against the building of new development but he does not agree with rezoning to high-density development, which brings traffic issues to the surrounding area. Supervisor Hickman requested the applicant return to address questions. Anita Verma, Marketing Director for Vermaland LLC, stated Vermaland is a family owned business. Vermaland obtained the property over 25 years ago. Formal Meeting Minutes Wednesday, November 28, 2018 Page 20 of 66 Supervisor Hickman asked Ms. Verma if Vermaland was the original owner when purchased as 1-acre parcels. Ms. Verma confirmed that they were. Supervisor Hickman noted discussions pertaining to planning and development cases. His spoke of discussions with Sonoran Ridge Estates residents and noted he is a firm advocate of property rights. He spoke of the different parcel sizes in Clearwater Farms and noted the rights of the residents. He explained the process from the initial development plan of 330 homes and the growing need for housing in the area. The proposed development plan meets the needs of the area and an expansion of a major arterial road that will assist with traffic in the area. He thanked the developer and residents for their work and input on the item. Motion to concur with the Planning Commission recommendation for approval subject to amended conditions ‘a’ through ‘h’ by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 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. NEW LICENSE FOR FRESKO A MEDITERRANEAN KITCHEN Pursuant to A.R.S. § 4-201, approve an application filed by Janna Singhisen Harris for a New Series 12 Liquor License for Fresko A Mediterranean Kitchen at 5033 East Elliot Road, Phoenix, Arizona 85044. (AZ #33655) (Supervisorial District 1) (C- 06-19-166-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. SPECIAL EVENT LICENSE FOR THEATRE WEST Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Frances P. DeWell for Theatre West at 13800 West Deer Valley Drive, Sun City West, Arizona 85375 to be held on Tuesday, December 4, 2018 from 10:00 am to 2:00 pm. (Supervisorial District 4) (C-06-19-205-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo c. SPECIAL EVENT LICENSE FOR MESA UNITED WAY Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by William R. James for Mesa United Way at 1548 Leisure World, Mesa, Arizona 85206 to be held on Friday, December 7, 2018 from 6:30 am to 2:30 pm. Formal Meeting Minutes Wednesday, November 28, 2018 Page 21 of 66 (Supervisorial District 2) (C-06-19-208-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 7. IMPACT STATEMENT HEARING FOR THE PROPOSED SHERWOOD MESA 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 Sherwood Mesa 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, 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 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 2) (C-06-19-164-M-00) The Clerk announced that John Bell, representative of Sherwood Mesa Irrigation Water Delivery District, was present in favor of the item and available to speak if necessary. Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 8. PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED ORANGE VALLEY ESTATES IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-3423 and § 48-3424, convene the scheduled public hearing regarding 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 a majority of the owners of the acreage within the proposed district. Formal Meeting Minutes Wednesday, November 28, 2018 Page 22 of 66 Pursuant to A.R.S. § 48-3424, any land owner within the boundaries of the proposed district may appear and object to the organization thereof, or to the inclusion of the land owners property therein. The Board will hear and consider all comments in favor or against the organization of the district and decide whether to approve or reject the organization of the district within the boundaries proposed in the petition or with modified boundaries. If the Board decides to proceed with the organization of the district, the Clerk is directed to publish a notice and post copies of the notice describing the boundaries of the proposed district and fix a date of November 28, 2018, a date not less than 20 days after the publications and postings are completed. Written protests against the organization may be filed by owners of a majority of the acreage with the proposed district boundaries. If no protest is filed, or if one is filed and found insufficient, an order establishing the district shall be entered and will include the appointment of the following three (3) Trustees of the district as set forth in the petition: Erin Campbell Tanya Spelts Dwayne Douglas 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; Formal Meeting Minutes Wednesday, November 28, 2018 Page 23 of 66 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 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. The district consists of 36.120 acres. This item was continued from the November 7, 2018 meeting. (Supervisorial District 2) (C-06-19-146-M-00) Debra Manika, resident of the Orange Valley Estates neighborhood since the 1980s, spoke of the orange orchards that had existed when she moved to the area, neighbors unable to attend the meeting due to work obligations, and 15 properties part of the proposed irrigation district that have abandoned their irrigation to zero scape. She noted her concern on the increase of costs for repairs and taxes. Ms. Manika said she incurred damages to her property from an irrigation repair by the Orange Valley Water Users Group, which is still in disrepair. She noted she has limited funds and said other residents may suffer the same. She spoke of her findings in reviewing the petitions, noted her concern that procedures were not properly followed and asked the Board not to approve moving the item forward. Hal Green, representing Orange Valley Estates Irrigation Water Delivery District and in favor of the item, said the property where he resides has been a part of his wife’s family since 1965. He noted the benefits of the irrigation district and his part in forming the district. He explained how the community suffers when repairs are necessary, the positives in formation of the district and the minimal cost to each owner at $4 to $5 per month. He asked the Board to approve moving the item forward. Chairman Chucri stated the following registered in favor of the item: Erin Campbell, Barry Paceley, Jill Green and Michelle Young. Barry Paceley, District 7 Salt River Project Elected Association Council Member, explained his representation of District 7 shareholders and residents. He explained SRP involvement dating back to the 1950s. He noted the irrigation systems in the proposed area are still viable and formation of the irrigation district would assist in sharing the expense in keeping value to the area. Formal Meeting Minutes Wednesday, November 28, 2018 Page 24 of 66 Chairman Chucri thanked everyone for their presence and comments on the item. He referred to the Clerk on the order and certification of the item. Fran McCarroll, Clerk of the Board, responded to Ms. Manika’s findings in regard to petitions noting the documents were verified by the Assessor’s Office by looking at the current ownership and explained that only one signature is counted per household. She stated she has a certification from the Assessor’s Office stating the petitioners have met all of the statutory requirements on this item. Chairman Chucri stated it is not the first time the Board has taken action on an irrigation district. He noted his personal experience on the use of irrigated lots and the nominal fees associated with an irrigation district. The item was continued from November 7, 2018 to make sure everything was in order and it is. Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation – Transportación 9. 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. A599 Convene a hearing for Road File No. A599 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. A599. 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. (General Vicinity: 35th Avenue from Carver Road to Elliot Road and in Unincorporated Maricopa County. Supervisory District No. 5) (C-64-19-066-M-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. ROAD FILE NO. A580 Convene a hearing for Road File No. A580 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 Formal Meeting Minutes Wednesday, November 28, 2018 Page 25 of 66 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. A580. 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. (General Vicinity: 6th Avenue and Emerald Drive and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-060-M-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo c. ROAD FILE NO. A581 Convene a hearing for Road File No. A581 to Open and Declare the following described alignment into the County Transportation System. Therefore, pursuant to provisions in A.R.S. 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. A581. 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. (General Vicinity: 100th Place and University Drive and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-061-M-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo d. ROAD FILE NO. A586 Convene a hearing for Road File No. A586 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. A586. 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. (General Vicinity: Meridian Road and Brown Road and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-062-M-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo e. ROAD FILE NO. A597 Convene a hearing for Road File No. A597 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 Formal Meeting Minutes Wednesday, November 28, 2018 Page 26 of 66 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. A597. 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. (General Vicinity: Sunland Avenue and 96th Street and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-059-M-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 10. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0080 Convene a hearing for Road File No. PAB-0080 to consider the request to abandon a portion of a Federal Patent Easement Number #1145720 lying in the West half of the Northeast quarter of the Northeast quarter of the Southwest quarter of Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of 16th Avenue and Yearling Road, and known as Assessor Parcels 210-10-025F. Notice conditions and the request for comment requirements have been met. Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P- 34 and Maricopa County Department of Transportation Procedure # P5203, it is recommended by the Department of Transportation Director, that the Board of Supervisors resolves to abandon a portion of a Federal Patent Easement, Road File No. PAB-0080. Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. Supervisory District No. 3 (C-64-19-034-M-01) Mitch Wagner, Intergovernmental Relations Supervisor for MCDOT, reviewed the item noting Century Link was opposed to the abandonment to the east so that is no longer an option. The north and west abandonments are both 33 feet and the County would retain 25 feet for future local road development. The patent easement abandonment before the Board is for 8 feet on each side. The Clerk announced that Daniel Istrate is registered in favor of the item. Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO County Attorney - Procurador del Condado 11. REPLACEMENT WARRANTS – CHECK ENFORCEMENT PROGRAM Approve the issuance of replacement warrants for county warrants to a victim related to the Check Enforcement Program that have been outstanding for more than one year. Necessary affidavits have been filed with the Board. Formal Meeting Minutes Wednesday, November 28, 2018 Page 27 of 66 The Maricopa County Attorney’s Office (MCAO) Check Enforcement Program endeavors to make victims of bad check writers financially whole by pursuing restitution and holding offenders accountable. These funds will directly impact the victim by making them financially whole. (C-19-19-025-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 12. ACCEPT FUNDING FROM US DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION FOR THE DESERT HAWK VIOLENT CRIME TASK FORCE Approve the Notice of Limits for FY19 State and Local Overtime Reimbursements and acceptance of up to $18,343.75 in reimbursement funding from the US Department of Justice, Federal Bureau of Investigation for officers assigned to FBI managed task forces. The FBI Desert Hawk Violent Crime Task Force agreement commenced February 1, 2018 and will continue for an indefinite period until terminated by one or both parties. Acceptance of this agreement was approved by the Board of Supervisors on February 21, 2018 under C-19-18-046-M-00. The FY19 reimbursement funding began retroactively October 1, 2018 and will terminate September 30, 2019. In accordance with paragraph 3 of the agreement, the agreement allows a 0% rate for indirect costs, or $0 that may be incurred by the County Attorney’s Office of Maricopa County for the administration of this agreement. This agreement is non-competitive and does not require a match. The agreement does not require on-going cash contributions after the period end date. Approval of this agreement allows for reimbursement of overtime paid to the detective assigned to the FBI Desert Hawk Violent Crime Task Force. The purpose of the agreement is to enhance the effectiveness of resources to identify and target for prosecution criminal enterprise groups. The County Attorney has cooperated with the FBI since 2005. (C-19-19- 026-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 13. ACCEPT FUNDING FROM US DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION FOR THE JOINT TERRORISM TASK FORCE Approve the Notice of Limits for FY19 State and Local Overtime Reimbursements and acceptance of up to $18,343.75 in reimbursement funding from the US Department of Justice, Federal Bureau of Investigation for officers assigned to FBI managed task forces. The FBI Joint Terrorism Task Force agreement commenced February 27, 2007 and will continue for an indefinite period until terminated by one or both parties. Acceptance of this agreement was most recently approved by the Board of Supervisors on December 10, 2014 under C-19-15-017-G-00. The FY19 reimbursement funding began retroactively October 1, 2018 and will terminate September 30, 2019. In accordance with paragraph 3 of the agreement, the agreement allows a 0% rate for indirect costs, or $0 that may be incurred by the County Attorney’s Office of Maricopa County for the administration of this agreement. This agreement is non-competitive and does not require a match. The agreement does not require on-going cash contributions after the period end date. Formal Meeting Minutes Wednesday, November 28, 2018 Page 28 of 66 Approval of this agreement allows for reimbursement of overtime paid to the detective assigned to the FBI Joint Terrorism Task Force. The purpose of the agreement is to ensure that a capability exists in Maricopa County to deter, defeat, and respond vigorously to terrorism through the joint investigation of suspected terrorist threats and sharing of information and intelligence. The County Attorney has cooperated with the FBI since 2005. (C-19-19-027-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Elections - Elecciones 14. EXCEPTION OF THE VACATION CARRYOVER LIMIT Approve the request for an exception of the vacation carryover limit as of December 31, 2018 for the following individuals: Adams, Richard C Altaha, Jasper Bolinger, John M Bunjevic, Deyan Ghazal, Nihay N Johnson, Brittney A Johnson, Christopher C Kish, Donna A Luna, Eliza K Manoz, Melissa E Morales, Gabriel Olguin, Hope M Passarelli, Kristine Podolnikov, Andriy V Radtke, Harry E Ramirez, Berta Ramirez, Gary Redmond, Colleen M Rickard, Paul W Rodenback, Joseph D Stewart, John D Suljagic, Nusreta Thompson, Tiernan A Tocci, Brendon W The request would allow not more than 200 hours in excess of the current accrued vacation limits of 240 or 320 hours to be used by March 31, 2019. Any excess hours that are not used by March 31 will transfer to the sick hours for each respective individual. Should the Board approve these exceptions, the employees will not be paid out for the excess vacation hours they are allowed to carryover should they voluntarily leave employment before these vacation hours are used or roll into the employees’ sick leave banks. Reasons for exception: The Maricopa County Elections Department has held six Elections in 2018: February (Special Primary Congressional District 8), March (City of Tempe Jurisdictional), April (Special General Election Congressional District 8), May (Town of Fountain Hills, Town of Formal Meeting Minutes Wednesday, November 28, 2018 Page 29 of 66 Queen Creek, and City of Surprise Jurisdictional), August (Primary Election Maricopa County), and November (General Election Maricopa County). Staff did not have time available to take off without disrupting the various Elections. (C-21-19-010-M-00) Chairman Chucri thanked the Recorder’s Office for working to make sure fiscal responsibility of elections was not disrupted. Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Sheriff - Alguacil 15. ACCEPTANCE OF ENTITLEMENT FUNDS FROM ARIZONA DEPARTMENT OF EDUCATION FOR THE 2019 COUNTY JAIL PROGRAM Approve acceptance of $142,188.72 in continued funding from the Arizona Department of Education, 2019 County Jails Education Program for the Maricopa County Sheriff’s Office Jail Education Program. This funding is recurring and has been awarded to the department for at least twenty years. A cash or in-kind match is not applicable. There is no future or ongoing contribution required following termination of the grant period. The Sheriff’s indirect cost rate is 18.3% for a total of $26,020.54 of which no amount is recoverable and $26,020.54 is non- recoverable. This funding is for a mandated function and provides supplies and services used for the Sheriff’s Office Jail Education Program that is mandated for all prisoners who are under the age of 18 and prisoners with disabilities who are under the age of 21 or younger who are confined in the County jail. The funding is legislated, formulaic and is non- competitive. 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. (C-50-19-033-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 16. ARIZONA DEPARTMENT OF EDUCATION FOR THE FY2019 INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) BASIC ENTITLEMENT REVISED Approve acceptance of a revised amount of $43,283.92 in continued grant funding from the Arizona Department of Education, for the FY2019 Individuals with Disabilities Education Act (IDEA) Basic Entitlement. This item replaces the MCSO’s original request, approved by the Board of Supervisors on May 23, 2018 (C-50-18-065-G-00) for $27,240.62. The term of this funding is from July 1, 2018 through June 30, 2019. This funding is recurring and records indicate that it has been awarded to the department since at least 2002. A cash or in-kind match is not applicable. There is no future or ongoing contribution required following termination of the grant period. The Sheriff’s indirect cost rate is 18.3% for a total of $7,072.28, of which a maximum of $4,637.56 is recoverable and $2,434.72 is non-recoverable. This funding is for a mandated function and provides contracted special education consulting services for staff training and IDEA implementation along with a variety of contracted professional services for juvenile inmates. The award is legislated, formulaic and is non-competitive. Grant revenues are not local revenues for the purpose of the constitutional expenditure Formal Meeting Minutes Wednesday, November 28, 2018 Page 30 of 66 limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. (C-50-19-034-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 17. AMENDMENT TO SUBGRANTEE AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2017 HOMELAND SECURITY GRANT PROGRAM, AZLINK SUSTAINMENT AND ENHANCEMENT PROJECT Approve Amendment 1 to the Subgrantee Agreement from the Arizona Department of Homeland Security (AZDOHS) Project 170204-02 for the 2017 Homeland Security Grant Program, AZLink Sustainment and Enhancement Project to extend the expiration date from September 30, 2018 to March 31, 2019. All other terms and conditions are the same. This award was approved October 25, 2017 (C-50-18-030-G-01). This Amendment extends the amount of time available to the project so that the Sheriff’s Office can complete the acquisition of computer software modules, services and maintenance/support to maintain interoperability through the AZLink/CopLink project. (C- 50-18-030-G-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 18. AMENDMENT TO SUBRECIPIENT AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE HOMELAND SECURITY GRANT PROGRAM, MCSO – MULTIPLE INPUT, MULTIPLE OUTPUT (MIMO) MESH NETWORK TECHNOLOGY FOR HELICOPTERS PROJECT Approve Amendment 1 to the Subrecipient Agreement from the Arizona Department of Homeland Security (AZDOHS), for the FY2017 Homeland Security Grant Program, MCSO – Multiple Input, Multiple Output (MIMO) Mesh Network Technology for Helicopters Project 170204-01 to extend the expiration date of the Agreement from September 30, 2018 to March 31, 2019. All other terms and conditions are the same. This award was approved November 29, 2017 (C-50-18-034-G-00). This Amendment extends the amount of time available to the project so that the Sheriff’s Office can complete the acquisition and installation ruggedized radio transmitters that will support high bandwidth data and radio communications to mount and deploy on MCSO helicopters. These devices are intended to improve communications both air-to-ground and air-to-air. (C-50-18-034-G-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 19. IGA WITH CITY OF CHANDLER FOR DETENTION ACADEMY TRAINING Approve an Intergovernmental Agreement between City of Chandler and Maricopa County through the Sheriff's Office in the not-to-exceed amount of $150 per academy participant. The purpose of this IGA is to allow City of Chandler recruits to attend Sheriff’s Detention Training Academies. This term of this IGA is September 1, 2018 until June 30, 2020 and is effective when all parties have signed the agreement. The Sheriff's Office conducts several detention academies throughout the year. The cost is for supplies. This agreement may be Formal Meeting Minutes Wednesday, November 28, 2018 Page 31 of 66 terminated by either party with a 30-day written notice. (C-50-19-035-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Treasurer - Tesorero 20. ANNUAL COLLECTIONS AND DELINQUENCY REPORT TAX COLLECTIONS Pursuant to A.R.S. § 42-18002, accept the Annual Collections and Delinquency Report submitted by the County Treasurer for FY 2017-2018. Report is on file in the Clerk of the Board's Office and retained in accordance with ASLAPR approved retention schedule. (C- 43-19-016-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo JUDICIAL BRANCH - PODER JUDICIAL Justice Courts - Tribunales de Justicia 21. AMENDMENT TO IGA WITH TOWN OF GILBERT FOR HIGHLAND JUSTICE COURT FACILITY Approve Amendment No. 1 to the Intergovernmental Agreement (IGA) between Town of Gilbert and Maricopa County through the Justice Courts, in the not-to-exceed amount of $1,344,334. Amendment No. 1 to the Intergovernmental Agreement (IGA) with the Town of Gilbert (Town) for the County’s use of space at the Town Center for the Highland Justice Court facility will extend the term of the agreement from January 1, 2019 through December 31, 2023. This Intergovernmental Agreement is effective from December 31, 2018 until December 31, 2023. Approve, and authorize the Chairman to execute, Amendment No. 1 to an Intergovernmental Agreement between the Town of Gilbert and Maricopa County for the Highland Justice Court facility to extend the term of the agreement through December 31, 2023. (C-24-14-001-3-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 22. APPOINTMENT OF JUSTICES OF THE PEACE PRO TEMPORE FOR JUSTICE COURTS IN MARICOPA COUNTY Pursuant to A.R.S. § § 22-121, approve the appointment of the following individuals and attorneys as a Pro Tem Justice of the Peace for the period January 1, 2019 through December 31, 2019. (C-24-19-003-9-00) Requested Pro Tem Appointments for MCJC: Adornetto, Charles Anderson, Lex Anderson, Mark Brown, Cheryl Borea, Karen Formal Meeting Minutes Wednesday, November 28, 2018 Page 32 of 66 Calender, Don Carrillo, Rachel Campbell, Douglas Costello, Frank Daicoff, Susan DiPiazza, Nicholas Feffer, Sonia Fletcher, Michael Frankel, Keith Fritz, Ashley Goodman, Louis Goodman, Jeremy Graham, William Guttell, Steven Holliday, Denise Hull, Andrew Hull, Joseph Jarvis, Robert Johnston, Sherwood Jones, Kyle Julien, Paul Kielsky, Michael Landau, Jerry Lorona, Jess Lue Sang, Michelle Lusk, Dennis Malka, Joseph McComish, John McMurry, C. Steven Melton, Robert Nelson, Keith Patrick, Lori Porter, Gerald Rahi-Loo, Malaika Rogers, Phil Rovinsky, Jeremy Sinclair, Dawn Smith, Terry Southern, E. Reid Sullivan, Eileen Tapia, Marcos Tasopulos, Christine Taylor, Benjamin Tolby, Quentin Warianka, Andrew Wawro, Michael Wirtjes, John Wolcott, Dean Wolf, Guy Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Superior Court - Tribunal Superior Formal Meeting Minutes Wednesday, November 28, 2018 Page 33 of 66 23. FILL THE GAP PLAN In accordance with the provisions of A.R.S. 12-102.02, subsection (C), authorize the Chairman of the Board of Supervisors to endorse and sign the FILL THE GAP plan submitted by the Presiding Judge of the Superior Court. In accordance with the instructions from the Administrative Office of the Courts, the plan has already been endorsed by the Presiding Judge of Superior Court, the Clerk of Superior Court, and the Presiding Justice of the Peace in Maricopa County. Per A.R.S. § 42-17106(B), also approve the following budget adjustments: a. Approve a decrease to the FY2019 Superior Court (D800) Superior Court Fill the Gap Fund (264) Operating (OPER) expenditure appropriation of $16,157. b. Approve a decrease to the FY2019 Superior Court (D800) Superior Court Fill the Gap Fund (264) Operating (OPER) revenue appropriation of $16,157. c. Approve an increase to the FY2019 Non Departmental (D470) Non Departmental Grants Fund (249) Operating (OPER) revenue & expenditure appropriations in the amount of $16,157. d. Approve an increase to the FY2019 Clerk of the Superior Court (D160) Clerk of the Superior Court Fill the Gap Fund (218) Operating (OPER) revenue appropriation of $38,772 e. Approve an increase to the FY2019 Clerk of the Superior Court (D160) Clerk of the Superior Court Fill the Gap Fund (218) Operating (OPER) expenditure appropriation of $38,772. f. Approve a decrease to the FY2019 Non Departmental (D470) Non Departmental Grants Fund (249) Operating (OPER) revenue & expenditure appropriations in the amount of $38,772. g. Approve an increase to the FY2019 Clerk of the Superior Court (D160) Clerk of the Superior Court Fill the Gap Fund (218) Non-Recurring (NRNP) expenditure appropriation of $16,128. h. Approve a decrease to the FY2019 Non Departmental (D470) Non Departmental Grants Fund (249) Non-recurring (NRNP) expenditure appropriation in the amount of $16,128. Pursuant to Arizona Revised Statues 12-102.02 the Presiding Judge, in coordination with the Chairman of the County Board of Supervisors, the Clerk of the Superior Court, and the Presiding Justice of the Peace are to submit a plan to the supreme court that details how the funding provided for the Maricopa County FILL THE GAP plan will assist in improving criminal case processing. (C-80-19-002-2-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn 24. IGA BETWEEN MARICOPA COUNTY AND MARICOPA COUNTY SPECIAL HEALTHCARE DISTRICT Approve a(n) Intergovernmental Agreement between Maricopa County Special Healthcare District and Maricopa County through the Assistant County Manager, in the not-to-exceed amount of $9,000,000. This Intergovernmental Agreement is funded by a grant from the Health Resources and Services Administration (H89HA11478) and the Arizona Department of Health Services, (ADHS18-172583). The purpose of this Intergovernmental Agreement Formal Meeting Minutes Wednesday, November 28, 2018 Page 34 of 66 is to provide medically necessary health care and support services for low-income individuals with HIV infection who do not have sufficient health care coverage or financial resources for coping with HIV/AIDS. This Intergovernmental Agreement is effective from March 1, 2019 until February 28, 2022. (C-95-19-005-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Animal Care and Control Services - Servicios de Control y Cuidado de Animales 25. DONATION FROM THE ARIZONA PET PROJECT FOR VOLUNTEER AND STAFF APPRECIATION Accept the restricted monetary donation of $300 from The Arizona Pet Project to be used for volunteer and staff appreciation and recognition. 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-79-19-050-D-00) Chairman Chucri noted his gratitude for the donations noted in items 25 through 27. Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 26. DONATION FROM TWO PUPS WELLNESS FUND FOR MEDICAL/VETERINARIAN EXPENSES Accept the restricted monetary donation of $10,000 from the Two Pups Wellness Fund, through the Arizona Community Foundation, to be used for medical and veterinarian expenses for shelter animals that require additional or supplemental treatment that cannot be provided by Animal Care & Control. 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-79-19-051-D-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 27. DONATION FROM TWO PUPS WELLNESS FUND FOR MICROCHIPS Accept the restricted monetary donation of $815 from Two Pups Wellness Fund, through the Arizona Community Foundation, for the purchase of microchips to be used for impounded dogs being returned to their owners. Formal Meeting Minutes Wednesday, November 28, 2018 Page 35 of 66 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-79-19-052-D-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 28. KENNEL PERMIT RENEWAL FOR BURTNER KENNELS Approve kennel permit K19-000036 pursuant to A.R.S. §11-1009 for Judy Burtner, dba as Burtner Kennels, 1509 N. 194th Avenue, Buckeye, AZ 85396 in District 4 for a one-year period beginning the first day of the month following Board approval. The cost of a kennel permit is $350. The total amount received for this kennel permit application is $350. (C-79- 19-053-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 29. AMENDMENT TO IGA WITH THE TOWN OF QUEEN CREEK FOR ANIMAL CONTROL SERVICES Approve and execute the First Amendment to an Intergovernmental Agreement (IGA) between the Town of Queen Creek and Maricopa County, administered through Animal Care & Control, for animal control field services. The amended terms are as follows: 1. The term of the IGA shall be extended through June 30, 2019, with services retroactive to July 1, 2018. 2. The Agreement will be automatically renewed for additional one (1)-year terms unless terminated as provided under Paragraph 3 of the Agreement. 3. Paragraph 15, Section B of the Agreement is striken and replaced by new text, as follows: Each party certifies it is not currently engaged in, and agrees for the duration of the Agreement, will not engage in, a boycott of Israel, as defined in A.R.S. §35-393. 4. The Town of Queen Creek will pay the sum of $24,255, based on full cost recovery, for services from July 1, 2018 through June 30, 2019, and upon automatic renewal of the Agreement, $25,788, for services from July 1, 2019 through June 30, 2020, as set forth in the attached Compensation Schedule. 5. All other terms and conditions of the IGA shall remain in full force and effect. (C-79-14- 020-3-01) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Emergency Management - Administración de Emergencia 30. GRANT FUNDS FROM ARIZONA STATE DEPARTMENT OF HOMELAND SECURITY FOR TRAINING AND EXERCISES FOR LOCAL GOVERNMENT Formal Meeting Minutes Wednesday, November 28, 2018 Page 36 of 66 Authorize Emergency Management to apply for grant funds from the Arizona State Department of Homeland Security, (FFY18 SHSGP), in the not-to-exceed amount of $150,000 for the regional use of training and exercise funds for all the jurisdictions within Maricopa County. The effective period is October 1, 2019 to September 30, 2020. This grant will be MOU'd to the Arizona Department of Emergency and Military Affairs (DEMA) upon receipts of award letter. Indirect costs are not applicable since Maricopa County Department of Emergency Management (MCDEM) will not accept the grant funding. DEMA will retain and manage the grant during the performance period. It is the intent of MCDEM to MOU the grant funds to DEMA to retain and manage the money. The grant is intended to support training and exercises for local government within Maricopa County. DEMA has offered to be the fiduciary manager of the local training funds for the local government within Maricopa County since they have a Training and Exercise Division dedicated to the developing, maintaining, and managing all training classes and exercises for the State of Arizona. (C-15-19-003-G-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 31. GRANT FUNDS FROM ARIZONA STATE DEPARTMENT OF HOMELAND SECURITY FOR SATELLITE CONNECTIVITY Authorize Emergency Management to apply for grant funds from the Arizona State Department of Homeland Security, FFY19 SHSGP, in the not-to-exceed amount of $4,000.00 for Satellite Connectivity. The grant period for this grant is October 1, 2019 through September 30, 2020. The Maricopa County Department of Finance has calculated the Department of Emergency Management's composite indirect cost rate at 6.8% or $272.00. The Department will not be recovering indirect costs off of this grant. The amount of unrecoverable indirect cost is $272.00. 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's 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 spear headed the grant for the mobile satellite for use during outages within Maricopa County or disasters occurring outside Maricopa County. Each year Maricopa County applies for recurring cost of the satellite date plan. Maricopa County does not have to fund any additional costs for the program. Emergency Management is responsible for implementing the County’s Emergency Operations Plan (EOP) for responding to disasters within Maricopa County. Telecommunications are an integral part in that response as MCDEM hosts a Crises Information Management System to our response partners. The fixed site satellite connection will provide a backup to our main telecommunication connection at the Emergency Operations Center. Using a satellite connection will decrease the likelihood the Emergency Operations Center (EOC) would be down due to a commercial telecommunications outage whether through natural or man-made causes. The mobile satellite connection will provide telecommunications for Reception Center or Shelter sites that will be coordinated by the department and can be leveraged for Continuity of Formal Meeting Minutes Wednesday, November 28, 2018 Page 37 of 66 Operations Plans (COOPs) by the department due to un-inhabitable conditions of the EOC whether during a response or steady state. Funding for this agreement is provided by a grant from the State of Arizona Department of Homeland Security in the amount not to exceed $2808. 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-15-19-002-G-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 32. GRANT FUNDS FROM ARIZONA STATE DEPARTMENT OF HOMELAND SECURITY FOR RENEWAL OF EMERGENCY PLANS SOFTWARE Authorize Emergency Management to apply for grant funds from Arizona State Department of Homeland Security, (FFY19 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, 2019 through September 30, 2020. The Maricopa County Department of Finance has calculated the Department of Emergency Management's composite indirect cost rate at 6.8% or $5780. The Department will not be recovering indirect costs off of this grant. The amount of unrecoverable indirect cost is $5780. 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 a department strategic goal to have all county departments with a viable Continuity of Operations 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 spear headed the grant for the Emergency Operations Plans (EOP)/COOP software project for all county departments and jurisdictions within Maricopa County. Each year Maricopa County applies for the recurring cost of the software maintenance and training funds. Maricopa County does not have to fund any additional costs for the program. The grant is intended to renew the MaricopaRegionPrepares.com subscription. This software tool benefits Maricopa County in developing Emergency Operations Planning (EOP), Continuity of Operations Planning (COOP), Continuity of Government (COG) Planning for local government. The Department was awarded a grant for the software in 2015, we are applying for a grant to cover the cost associated with the maintenance of the system. Funding for this agreement is provided by a grant from the State of Arizona Department of Homeland Security in the amount not to exceed $2808. The overall grant budget will be adjusted as necessary to accommodate this grant through future reconciliation. Formal Meeting Minutes Wednesday, November 28, 2018 Page 38 of 66 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-15-19-004-G-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Facilities Management - Administración de Instalaciones 33. AMENDMENT TO APS SOLAR RENEWABLE ENERGY CREDIT PURCHASE AGREEMENT Approve an amendment to the Solar Renewable Energy Credit Purchase Agreement Grid- Tied Photovoltaic System, APS Contract No. 18420 related to the installation of the Photovoltaic System at the Facilities Management Building Garage (Building No. 3311). Under the terms of the amended agreement, APS commits to purchasing certificates representing the Environmental Attributes associated with the energy produced by the rooftop solar photovoltaic system installed on the building. In turn, Maricopa County commits to producing a specific amount of solar energy on an annual basis for the remainder of the 17 year agreement. The total value of the Environmental Attributes is changed from $1,278,987 to $1,072,140, which will be paid to Maricopa County quarterly for 17 years. The original documents associated with the installation of the Photovoltaic System are attached as exhibits to the Credit Purchase Agreement No. 18420. In the event that the County does not produce the specific amount of energy, the County has the obligation under the Credit Purchase Agreement to pay APS for the deficiency. The actual cost of such deficiency would be the difference between the contract price and the price for APS to purchase credits elsewhere. Due to equipment limitations, the Facilities Management Department has reconfigured the photovoltaic generation system at the Facilities Management Building Garage which will now produce less electricity. This amendment will adjust the amount of the eligible production based incentives, payable quarterly for 17 years. The total value of the payments to the County is changed from $1,278,987 to $1,072,140. (C-70-19-002-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Finance - Finanzas 34. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 10/19/2018 through 11/08/2018, 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-06-19-204-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 28, 2018 Page 39 of 66 35. ACCEPT TRIBAL GAMING FUNDS FROM SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY Pursuant to A.R.S. §5-601.02, authorize Maricopa County through the Department of Finance to accept and pass-through Tribal Gaming Grant funds from the Salt River Pima- Maricopa Indian Community for the 26 programs listed below in the not-to-exceed amount of $1,189,536.41 in FY 2019. These funds are for government or non-profit services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development. A New Life Foundation Support children’s programs and coordination of service programs Requested Amount: $40,000.00 FY 2019 Award: $40,000.00 Alice Cooper Solid Rock Foundation Fund a healthy beverage station/nutrition grant Requested Amount: $25,000.00 FY 2019 Award: $25,000.00 Arizona Diamondback Foundation Provide after school programming for 100,000 students Requested Amount: $35,000.00 FY 2019 Award: $35,000.00 Arizona Heart Foundation AHF cardiovascular & diabetes community initiative Requested Amount: $50,000.00 FY 2019 Award: $50,000.00 Arizona Science Center Underwrite staffing, supplies, transportation for Science on Wheels, focused field trips Requested Amount: $35,000.00 FY 2019 Award: $35,000.00 Arizona State University Foundation Tutorial services and the INSPIRE summer bridge program at ASU Requested Amount: $82,786.41 FY 2019 Award: $82,786.41 Boys Hope Girls Hope Residential program Requested Amount: $25,000.00 FY 2019 Award: $25,000.00 Community Bridges Assist for programing and salary for the shelter to serve homeless adults Requested Amount: $40,000.00 FY 2019 Award: $40,000.00 Circle the City Assist with operating and capital budget for a new downtown Medical Respite Care program and facility Formal Meeting Minutes Wednesday, November 28, 2018 Page 40 of 66 Requested Amount: $50,000.00 FY 2019 Award: $50,000.00 Duet In-home assistance to homebound elders and programs-services for grandparents raising their children Requested Amount: $10,000.00 FY 2019 Award: $10,000.00 Fighter Country Partnership Fund Luke Air Force Base Monthly deployed family, re-integrated & pre-deployment events and FCP care packages Requested Amount: $20,000.00 FY 2019 Award: $20,000.00 Heard Museum Fund at no cost K-12 school tours Requested Amount: $25,000.00 FY 2019 Award: $25,000.00 Maricopa Community Colleges Foundation Outreach, recruitment and retention initiative to support underserved and vulnerable population Requested Amount: $100,000.00 FY 2019 Award: $100,000.00 Maricopa County Human Services Department Housing rehabilitation services to veterans Requested Amount: $75,000.00 FY 2019 Award: $75,000.00 Maricopa County Sheriff's Department To provide funding for the MCSO HQ Emergency Operation Room (EOR) Requested Amount: $ $75,000.00 FY 2019 Award: $75,000.00 Midwestern University Free vision & dental care to up to 350 people Requested Amount: $50,000.00 FY 2019 Award: $50,000.00 Native American Connections NAC Homeless support services Requested Amount: $25,000.00 FY 2019 Award: $25,000.00 Opportunity4Kids Provide low income youth scholarships for after school extracurricular Requested Amount: $20,000.00 FY 2019 Award: $20,000.00 Paz De Cristo Improvements to warehouse and dining room Formal Meeting Minutes Wednesday, November 28, 2018 Page 41 of 66 Requested Amount: $50,000.00 FY 2019 Award: $86,750.00 Society of St. Vincent De Paul - Phoenix Purchase a truck that services charity services throughout Arizona Requested Amount: $40,000.00 FY 2019 Award: $40,000.00 Southwest Human Development Birth to five helpline and fussy baby program Requested Amount: $15,000.00 FY 2019 Award: $15,000.00 Southwest Wildlife Conservation Center Assist with Southwest Wildlife Conservation Center’s Education Program Requested Amount: $15,000.00 FY 2019 Award: $15,000.00 St. Mary’s Food Bank Capital renovation project for St. Mary’s warehouse at their main distribution center Requested Amount: $75,000.00 FY 2019 Award: $125,000.00 The Leukemia & Lymphoma Society- AZ Patient travel assistance program Requested Amount: $50,000.00 FY 2019 Award: $50,000.00 United States Veterans Initiative (U.S. Vets Phoenix) Fund food for homeless veterans Requested Amount: $50,000.00 FY 2019 Award: $50,000.00 Veterans Medical Leadership Council Renovate USO service centers Requested Amount: $25,000.00 FY 2019 Award: $25,000.00 The grant award is one time and there is no cash or in-kind match requirement. Indirect costs are not applicable to Tribal Gaming Grants. Future ongoing cash contributions are not required after the grant period. The grant award is not a mandated function and the services provided by this grant benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development. The grant award is competitively bid and determined by the Salt River Pima-Maricopa Indian Community. There are no costs that will need to be absorbed by the department’s operating budget. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. (C- 18-19-002-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Resources - Recursos Humanos Formal Meeting Minutes Wednesday, November 28, 2018 Page 42 of 66 36. EMPLOYEE DISCOUNT VENDOR DONATION In accordance with the County’s Policy for Receiving Donations (A2508), accept a cash donation of $1,324.21 from the Smart Circle International LLC. After Board acceptance of this donation the total amount will be deposited into the County’s General Fund. The Smart Circle International LLC is a member of the Employee Services Management Association (ESMA) of Greater Phoenix, a nonprofit association that serves as the County’s employee discount program. The County’s relationship with ESMA was originally approved by the Board on the 10/30/2000 agenda (C-31-01-015-8-00). With every employee discount purchase made by County employees, a donation to the County is made. (C-31-19-013-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 37. WELLNESS INCENTIVE PLAN FY 20-21 Approve the continuation of the Wellness Incentive for FY 20-21. The Wellness Incentive Program will support employees and provide them with activities that assist with improving their health and well-being. (C-31-19-020-2-00) Maricopa County cares about the health and well-being of its employees and is committed to reducing healthcare costs and illness-related employee absences by continuing to provide them with an incentive program based on the latest evidence-based, best practices. Eligibility: Employees who are enrolled in a County-sponsored medical benefit plan Incentive: A reduction in medical benefit premiums of $60 per month Requirements: To earn the FY 20-21 incentive, eligible employees must complete three activities by June 30, 2020. - Online Health Assessment - Annual Preventive Exam and “My Numbers” Attestation - “Your Choice” Activity Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 38. VOLUNTARY BENEFITS RATES FOR FY 19-20 1. Approve continuation of the Employee Flexible Spending Program for the plan year July 1, 2019 through June 30, 2020. Approve any change in the annual contribution limit for 2019 as released by the IRS. 2. Approve the Maricopa County Employee Short-Term Disability Benefit rates for active employees as outlined on the attached Exhibit A. 3. Approve continuation of the Employee Assistance Program (EAP) for the plan year July 1, 2019 through June 30, 2020 as offered through the approved contract with Magellan Behavioral Health, Inc. (Serial No. 05063; eff. Date 7/1/2012), including rates as reflected on the attached Exhibit A. 4. Approve continuation of County-sponsored basic life and AD&D insurance benefits for Formal Meeting Minutes Wednesday, November 28, 2018 Page 43 of 66 eligible employees for the plan year July 1, 2019 through June 30, 2020 as offered through the approved contract with Minnesota Life Insurance Company DBA Securian (Serial No. 180138-S; eff. date 07/01/18), including rates as reflected on the attached Exhibit A. 5. Approve continuation of offering additional life and AD&D insurance benefits to eligible employees and dependents at employees’ sole expense for the plan year July 1, 2019 through June 30, 2020 as offered through the approved contract with Minnesota Life Insurance Company DBA Securian (Serial No. 180138-S; eff. date 07/01/18), including rates as reflected on the attached Exhibit A. The attached Exhibit A illustrates the monthly total employee cost for the benefit rates for active employees. Exhibit B includes each of the Employee Flexible Spending Account Plan Documents that were approved by the Board of Supervisors for FY 17-18. These documents remain unchanged and are included for reference purposes only. (C-31-19- 019-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 39. MEDICAL, PRESCRIPTION AND BEHAVIORAL HEALTH PLAN CHANGES AND RATES FOR FY 19-20 1. Approve the medical and prescription drug benefit plan design changes for the Employee Medical Insurance Program for the plan year from July 1, 2019 through June 30, 2020 as outlined on the attached Exhibit A. 2. Approve the Maricopa County Employee and Employer Medical Benefit rates for active employees for July 1, 2019 through June 30, 2020, as outlined on the attached Exhibit B. No premium increases are recommended for plan year 2019/2020. The attached Exhibit A describes plan changes to be effective July 1, 2019. Exhibit B illustrates the monthly total cost, employee cost and employer cost to support the medical, prescription, and behavioral health benefits for FY 19-20. (C-31-19-016-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 40. VISION BENEFIT RATES FOR FY 19-20 Approve the Maricopa County Employee and Employer Vision Benefit rates for active employees for July 1, 2019 through June 30, 2020 as outlined in the attached Exhibit A. No premium increases are recommended for plan year 2019/2020. The attached Exhibit A illustrates the monthly total cost, employee cost, and employer cost for the vision benefit for FY 19-20. (C-31-19-018-2-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 41. DENTAL BENEFIT RATES FOR FY 19-20 Approve the Maricopa County Employee and Employer Dental Benefit rates for active employees for July 1, 2019 through June 30, 2020 as outlined in the attached Exhibit A. No premium increases are recommended for plan year 2019/2020. The attached Exhibit A illustrates the monthly total cost, (Employee cost and Employer cost) for the benefit rates for active employees. (C-31-19-017-2-00) Formal Meeting Minutes Wednesday, November 28, 2018 Page 44 of 66 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 42. EMPLOYEE BENEFITS PLAN AND ADMINISTRATIVE CHANGES FOR FY 2019-20 Approve the Maricopa County Benefits Plan (Eighth Amendment and Restatement) document effective October 1, 2018, attached as Exhibit A. Approve the Maricopa County Benefits Plan (Ninth Amendment and Restatement) document effective July 1, 2019, attached as Exhibit B. The plan document governs how employee health and welfare benefits (such as medical, prescription, behavioral health, etc.) are administered. These documents supersede all previous plan documents. New or amended features are shown redlined with tracked changes attached for convenience as Exhibits C and D. The following is a summary of the substantive changes: Eighth Amendment – Effective October 1, 2018 • Dependent will not be added to coverage until satisfactory verification has been submitted and approved. Satisfactory verification must be submitted by no later than sixty (60) calendar days from the Change in Status. Appeal language added. See Exhibits A and C, Section 4.12(d). Ninth Amendment - Effective July 1, 2019 • Require submission of required documentation to satisfy a Dependent Audit within 45 calendar days of the date of Change in Status. See Exhibits B and D, Section 4.12(d). • If the employee fails to enroll within the thirty (30) calendar days following his Benefits Eligible Date, the Employee will be treated as having not elected to participate in this Plan. See Exhibits B and D, Section 5.4. The Maricopa County Benefits Plan document governs basic issues of plan eligibility, participation (enrollment), coverage, payroll withholding, and funding accounts pursuant to the Internal Revenue Code. The document does not define specific benefit programs, which are adopted by the Board of Supervisors in separate actions. (C-31-19-015-2-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 43. 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- 19-021-6-00) Formal Meeting Minutes Wednesday, November 28, 2018 Page 45 of 66 Updated Salary Ranges: Health Educator: $18.95-$32.05 ($39,416-$66,664) Health Educator Senior: $22.30-$35.15($46,384-$73,112) Health Educator Supervisor: $25.75-$39.15 ($53,560-$81,432) New Market Range Title: Inspector Senior: $24.75-$40.45 ($51,480-$84,136) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Services - Servicios Humanos 44. APPLICATION FOR EARLY HEAD START EXPANSION AND EARLY HEAD START CHILD CARE PARTNERSHIP GRANT Request approval for the Maricopa County Human Services Department (HSD) – Head Start Program to submit a grant application to the U.S. Department of Health and Human (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), for Funding Opportunity Number: HHS-2019-ACF-OHS-HP-1386 for Early Head Start Expansion and Early Head Start-Child Care Partnership Grants. The purpose of the grant is to expand access to high quality, comprehensive services to low-income infants and toddlers and their families through Early Head Start-Child Care (EHS-CC) Partnerships, or through the expansion of Early Head Start services. The Grant opportunity is open and competitive: eligibility is limited to public or private non-profit organizations, including faith-based organizations or for-profit organizations that can provide Early Head Start services to children and families. Entities operating Head Start programs are eligible to operate Early Head Start programs. In addition, request authorization for the Chairman to sign documents related to this Grant application. The County’s Head Start Program proposes expanding Child Care Partnership services in the east and west region of the County. The Grant application request is for $2,453,644. The Grant period shall begin March 1, 2019 and end on February 1, 2020 with a five-year project period. If awarded the grant, the Department will submit for funding on an annual basis. The Grant requires Non-Federal Share (NFS) match of the total approved project cost. The NFS match is estimated to be $613,411, which will be obtained through in-kind donations of services and parent volunteers. The Human Services Department FY2019 Indirect cost rate has not been fully negotiated; however, the U.S. Department of Health and Human Services has approved the use of the FY2018 indirect cost rate to be used until the rate is fully negotiated. Therefore, the FY2019 indirect cost rate is 22.9% for salaries and employee related expenses. The Grant application is for $2,453,644: $1,855,644 is anticipated for operational costs, of which $665,005 is for salaries and employee related expenses. The total estimated indirect costs are $152,286 and are recoverable. Budget adjustments will be made when the Indirect rate costs has been fully negotiated and shall be effective March 1, 2019. This Grant funding and any NFS match will not impact the Maricopa County General Funds. Formal Meeting Minutes Wednesday, November 28, 2018 Page 46 of 66 Once notified of funding award by DHHS, the Human Services Department will seek acceptance of funds from the Board of Supervisors in a separate agenda item. The Grant funding amount shall be $2,453,644 with $152,286 for Indirect and are recoverable, the required NFS match is anticipated to be $613,411. Maricopa County is a current recipient of a Child Care Partnership Grant that began on January 1, 2015 through June 30, 2019 and provides services to 160 eligible infants and toddler through partnerships with contracted Child Care providers. The services to be provided by the Head Start under this Grant are not a mandated function but provides a benefit to the citizens by providing eligible children with high quality Child Care and education by integrating Head Start performance measures. The measures provide children with learning opportunities to enhance development and help with preparing children to be school ready. No future or ongoing contributions are required after the grant period ends. Grant application is due November 30, 2018. Supervisory District: All (C-22-19-015-G-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 45. RESCIND AND APPROVE AGREEMENT WITH MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT FOR TRAINING Request the following actions: 1. Rescind action taken by the Board of Supervisors on October 10, 2018 to enter into an Intergovernmental Agreement (IGA) between Maricopa County Community College District (Contractor) and Maricopa County (County) (C-22-19-011-3-00) administered by its Human Services Department. The Contractor requested changes to section 13.0 General Indemnification and several typos. Changes were made to the Agreement as requested. 2. Approve a financial Intergovernmental Agreement “Agreement” with Maricopa County Community College District on behalf of Rio Salado College collectively referred to as “Contractor” and Maricopa County administered by its Human Services Department, collectively referred to as the “County”. The purpose of the Agreement is for the Contractor to provide training to childcare providers who require educational qualifications as a part of their contract with the Maricopa County Head Start Zero-Five Program. Contractor shall work to determine if individual staff members meet the Infant/Toddler (I/T) Child Development Associate education requirements as determined by the Council for Professional Recognition. The County shall reimburse the Contractor for training an amount not to exceed $30,000. The term of Agreement shall begin on December 1, 2018 through June 30, 2019. This Agreement may be extended by a written amendment for two (2) additional one (1) year terms, or portions thereof, with the agreement of the Parties. This Agreement is funded by grants from U.S. Department of Health and Human Services (C-22-15-036-G-00; C-22-16-011-G & C-22-17-060-G-00). This agreement does not impact the County General Funds. Supervisory District: All (C-22-19-011-3-01) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, November 28, 2018 Page 47 of 66 Ayes: Barney, Chucri, Gates, Hickman, Gallardo Procurement Services - Servicios de Adquisiciones 46. EMPLOYEE PREPAID DENTAL SERVICES (190174-S) Approve the contract for award at an estimate of $750,000.00 over 3 years. The effective date of the contract will be July 1st 2019. The purpose of the contract is to provide Maricopa County prepaid dental services for County employees and dependents currently enrolled in benefits plans. (C-73-19-011-3-00) It is requested by the Employee Benefits and Health that the Board of Supervisors approve the subject award to the Lowest Responsible Responsive Respondent as recommended. CIGNA Dental Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Public Health - Salud Pública 47. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR DIETETIC INTERNSHIP PROGRAM Approve Amendment No. 4 to Intergovernmental Agreement (IGA) Contract No. (ADHS15- 084210) between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH) to provide continued funding for the Dietetic Internship Program. The term of this Agreement is October 1, 2014 through September 30, 2019. The revised price sheet is effective October 1, 2018 to September 30, 2019 and includes the following changes: 1. The Dietetic Internship Price Sheet in Amendment 3 is hereby amended with the revised Dietetic Internship Price Sheet of this Amendment 4. The total budget amount remains $150,000.00. All Other Provisions of this agreement shall remain in their entirety. This grant award is reoccurring and has been awarded to the department for many years. There is no cash or in-kind match required and indirect costs are fully recoverable. Ongoing cash contributions will not be required. The grant award is not competitively bid. The department’s operating budget is not required to absorb any costs. The Department of Public Health’s Indirect Rate for FY2018-19 is 18.9%. Indirect costs are budgeted at $23,844.00 which are fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This 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 Formal Meeting Minutes Wednesday, November 28, 2018 Page 48 of 66 adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-15-061-3-04) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 48. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR AZ PRESCRIPTION DRUG OVERDOSE PREVENTION PROGRAM Approve an amendment to the Intergovernmental Agreement (IGA) Contract No. (ADHS16- 107742), Arizona Prescription Drug Overdose Prevention Program, between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Office of Healthcare Innovation (OHI), to provide continued funding for the implementation of the community prevention efforts of the Arizona Prescription Drug Misuse and Abuse Initiative using the Rx Drug Misuse & Abuse Initiative Community Toolkit. The amendment is effective September 1, 2018 through August 31, 2019 for a total budget amount of $200,000. The term of the contract is September 1, 2015 through August 31, 2020. This grant award is reoccurring and has been awarded to the department since 2015. There is no cash or in-kind match required and indirect cost is fully recoverable. Should this grant be discontinued, ongoing cash contributions will not be required. This grant award was not competitively bid and is not a mandated service. There are no costs that will need to be absorbed by the department’s operating budget. MCDPH’s indirect rate for FY 2018- 19 is 18.9%. The full indirect costs are estimated at $31,792 all of which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-16-039-3-04) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 49. AMENDMENT TO IGA WITH MARICOPA INTEGRATED HEALTH SYSTEM FOR SYSTEM OF COORDINATION – PERINATAL Approve Amendment 6 to the IGA, System of Coordination– Perinatal, between Maricopa County Special Healthcare District dba Maricopa County Integrated Health Systems (MIHS) and Maricopa County by and through its Department of Public Health (MCDPH), Healthy Start, to provide funding for the Healthy Start System of Care Coordination- Perinatal Program. This will allow a continuation of the system of care coordination that embeds Healthy Start services within the MIHS clinic-based team in order to increase access to quality perinatal, prenatal, inter-natal and pediatric health care for enrolled Healthy Start participants who receive their health care at the MIHS clinic locations within the Healthy Start service area. Also, this will be the final year of this IGA. The IGA is amended as follows: Formal Meeting Minutes Wednesday, November 28, 2018 Page 49 of 66 A. Page 1, Item 3: Agreement amount is changed to an aggregate, not-to-exceed amount from $776,680 to $860,970.76 (increased by $84,290.76 for the budget period November 1, 2018 through March 31, 2019); B. Year 5 Budget is replaced with the revised year 5 budget (Exhibit A) and budget narrative (Exhibit B). The five (5) month budget is for a total of $84,290.76; C. Section IV, Compensation, 1. Compensation, D. replace the first sentence with: The Agreement amount is not-to-exceed $84,290.76 for five (5) months of year five (5). MIHS is a sub-recipient of a Healthy Start grant, Notice of Award (NOA) No. (H49MC00174-15-00), Grant No. (H49MC00174), Healthy Start Initiative (HSI): Eliminating Disparities in Perinatal Health, from Department of Health and Human Services, (DHHS), Health Resources and Services Administration (HRSA). (C-86-15-076-3-06) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 50. GRANT AMENDMENT TO GOVERNMENT AGREEMENT WITH AZ EARLY CHILDHOOD DEVELOPMENT AND HEALTH BOARD (FIRST THINGS FIRST) FOR CHILD CARE HEALTH CONSULTATION Approve Grant Amendment No. 1 to Government Agreement (GA) (GRA-STATE-19-0970- 01), Quality First Childcare Health Consultation between Arizona Early Childhood Development and Health Board (AECDHB), First Things First (FTF) and Maricopa County by and through its Department of Public Health (MCDPH), Office of Community Wellness and Health Promotions to provide additional funding for Child Care Health Consultation (CCHC) program. The CCHC Program is comprised of specially trained registered nurses, designated as Child Care Health Consultants and the intent of this evidence based strategy is to provide CCHC services for child care centers and homes in Maricopa County. The CCHC GA is reoccurring and has been awarded to the department in previous years. This grant does not require an in-kind match; indirect cost is not fully recoverable; and ongoing cash contributions are also not required. The grant award is not a mandated function but provides a benefit to the citizens by providing tiered health consultation services in a culturally competent manner to state regulated child care centers and homes participating in Quality First and the Quality Improvement and Ratings System developed by the Early Childhood Development and Health Board . The award is competitive. There are no costs that will need to be absorbed by the department’s operating budget. The additional funding of $124,720, will bring the total not-to-exceed amount from $1,111,760 to $1,236,480, for the budget period of July 1, 2018 through June 30, 2019. The term of this GA is July 1, 2018 through June 30, 2022 unless terminated, cancelled or extended. The parties may renew this Agreement for up to three (3) additional twelve (12) month extensions. This Grant deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect cost reimbursement as delegated in the GA. MCDPH indirect rate for FY18-19 is 18.9%. The full indirect costs are estimated at $21,429 of which $11,338 is recoverable and $10,091 is unrecoverable. Departmental indirect rates are re-established at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues Formal Meeting Minutes Wednesday, November 28, 2018 Page 50 of 66 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. Funding for this Agreement is provided by a Grant from AECDHB FTF and will not affect the County’s general fund. (C-86-18-087-3-01) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 51. PARTNERSHIP AGREEMENT BETWEEN MARICOPA COUNTY AND WASHINGTON ELEMENTARY SCHOOL DISTRICT Approve a non-financial Partnership Agreement (PA) between Washington Elementary School District and Maricopa County by and through its Department of Public Health (MCDPH) to provide nutrition and physical activity education to schools with 50% or more of students receiving free or reduced school meals. This PA will be retro-active and in effect from October 1, 2018 through September 30, 2019, with automatic renewal for additional 1 year periods without action be either party. This agreement may be terminated by either party at any time. This program is supported by the Arizona Department of Health Services, AZ Health Zone- SNAP-Ed grant, approved 10/12/2018 as C-86-16-020-3-03. (C-86-19-022-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Real Estate - Bienes Raíces 52. NEW LANDOWNER AND LICENSOR UNDER LEASE L-7460 Approve an administrative change to Ground Lease Agreement L-7460 to recognize FCI Holdings, LLC, an Arizona limited liability company, as the new landowner and lessor for the county radio tower site located southeast of Table Mesa Road and Interstate 17. This item is located in Supervisors District 3. Pursuant to Section 17 of Ground Lease Agreement L-7460, approved by the Board of Supervisors via C-70-15-006-1-00, the County received formal notice on October 29, 2018, that FCI Holdings, LLC is the new landowner and lessor via Assignment of Ground Lease Agreement. All rent payments and notices required under the lease shall be sent to FCI Holdings, LLC, Attn: Mr. Mike Fann, P.O. Box 4359, Prescott, AZ 86302. (C-70-15-006-1- 01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 53. CITY OF PHOENIX PURCHASE OF REAL PROPERTY AND EASEMENTS FOR 27TH AVE IMPROVEMENT PROJECT Approve and authorize the Chairman to execute a Purchase Agreement and Escrow Instructions and all other required documents approved by legal counsel for the sale of County owned real property to the City of Phoenix, and the sale of easements to the City of Phoenix and Salt River Project Agricultural Improvement and Power District (SRPAI & PD), all without public auction pursuant to A.R.S. § 11-251, for the 27th Avenue Improvement Project. This item is located in Supervisor District 5. The City of Phoenix agrees to pay Fifty Thousand, One Hundred Eighty-One Dollars Formal Meeting Minutes Wednesday, November 28, 2018 Page 51 of 66 ($50,181) to purchase the County real property and easements required for the widening and improvements to 27th Avenue from Lower Buckeye Road to Buckeye Road. $47,470 of the purchase funds will be allocated to the General Fund and $2,711 will be allocated to the Highway User Revenue Fund. The County parcels impacted by the City of Phoenix project are APN 105-17-003W (Special Warranty Deed), 105-17-003X (Street Light Easement and Power Distribution Easement), 105-17-003Z (Sidewalk Easement, Temporary Construction Easement, Street Light Easement, and Power Distribution Easement), and 105-17-001M (Power Distribution Easement). (C-78-19-006-3-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 54. ARIZONA PUBLIC SERVICE (APS) GRANT OF EASEMENT Approve the granting of a non-exclusive utility easement, without a public auction pursuant to A.R.S. 11-251 (9), to Arizona Public Service Company (APS), and its successors and assigns, in, upon, over, under, through and across a portion of the County’s property identified as 225 Madison (APN 112-22-091A); and AUTHORIZE the Chairman of the Board to execute all necessary documents approved by Counsel to grant such easement. This item is located in Supervisorial District 5. This easement is necessary to provide electric service for 225 Madison. This easement will grant APS the right to construct, reconstruct, replace, repair, operate, and maintain electrical lines for the transmission and distribution of electricity (and for all other purposes connected therewith). (C-78-19-005-3-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Risk Management - Gestión de Riesgos 55. IRREVOCABLE STANDBY LETTER OF CREDIT WITH JPMORGAN CHASE BANK Approve amendment to the Irrevocable Standby Letter of Credit. An Amendment is now required for the new workers' compensation liability amount which is $12,937,811 that will be in place from January 1, 2019 through December 31, 2019. This amount will fluctuate annually as it is based on claims and reserves, with older claims closing and new claims opening. The Letter of Credit serves as security for the County's projected liability for worker's compensation claims. The Letter of Credit will be reserved against the County's existing Line of Credit. The line of Credit is restricted by the amount of the Letter of Credit. It is not expected there will be reason for the Letter of Credit to be drawn on; however, the Industrial Commission of Arizona requires the negotiable security. (C-75-09-006-2-11) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation - Transportación 56. BID AND AWARD FOR CONSTRUCTION OF ROADWAY CONNECTIVITY: CAMELBACK ROAD CROSSING BEARDSLEY CANAL Formal Meeting Minutes Wednesday, November 28, 2018 Page 52 of 66 Approve the solicitation of bids for the Maricopa County Department of Transportation’s construction of roadway connectivity for Camelback Road Crossing Beardsley Canal (approximately 193rd Drive to 189th Avenue), including drainage system, utilities relocations, curbs, gutters, sidewalks, retaining wall, asphalt concrete pavement, signing and striping. Award the contract to the lowest responsive bidder, provided that the lowest bidder does not exceed the Engineer’s estimate by more than ten percent. Funds will be budgeted through the Transportation Department (640) Transportation Capital Projects Fund (234) Capacity (CAPY) Project, Sub-Project TT0520. This project will construct Camelback Road over the Beardsley Canal to connect two discontinuous Camelback Roadway segments, improving the street network, in partnership with the Maricopa Water District (MWD). MWD forces will reconstruct the canal in approximately January 2019 in preparation for this project. Supervisory District No. 4 (C- 64-19-069-5-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 57. IGA WITH CITY OF SCOTTSDALE FOR THE EXCHANGE OF SERVICES (ENTENTE) Approve the Intergovernmental Agreement between Maricopa County and the City of Scottsdale for the exchange of services or reimbursement of services (Entente). The term of the Agreement will not exceed five years unless extended by appropriate actions by the County and the City. Either party may terminate this Agreement at any time prior to the expiration date of this Agreement by furnishing the other party with a thirty (30) day written notice. The purpose of this Intergovernmental Agreement is to identify and define both Parties’ respective roles in the execution of the responsibilities of specific maintenance tasks in areas that cross jurisdictional boundaries. The Agreement provides the opportunity to focus on specific maintenance tasks or emergency highway projects and the availability of the most economical resources by extending beyond jurisdictional or geographical boundaries. The application of the Agreement will benefit areas in the County and the City where certain types of routine maintenance or emergency highway project activities could be completed by the other party based on scheduled work within the area. Individual tasks performed by either party will be executed upon completion of a Letter of Agreement (LOA) approved and signed by the County Department of Transportation Director and the City Manager, or their designees. If the value of goods or services exchanged by the Parties is not of equal value, the total aggregate reimbursement to the respective Party will not exceed $200,000 per fiscal year. If no services are exchanged, there is no financial impact. An accounting mechanism will be utilized to track each LOA, as applicable, to identify specific tasks and services and to ensure the exchange of these services is of similar value. Supervisory District No. 2 (C-64- 19-070-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 58. IGA WITH ARIZONA STATE UNIVERSITY FOR RESEARCH-ORIENTED TRAFFIC & INTELLIGENT TRANSPORTATION SYSTEMS DEVELOPMENT STUDIES Formal Meeting Minutes Wednesday, November 28, 2018 Page 53 of 66 Approve the Intergovernmental Agreement (Agreement) between Maricopa County (MCDOT) and the Arizona Board of Regents, for and on behalf of Arizona State University (ASU), to provide Research-Oriented Traffic and Intelligent Transportation Systems (ITS) Development Studies. Also approve and delegate signature authority to MCDOT’s Director for subsequent, project-specific Task Orders under this Agreement. Such Task Orders will outline project details, such as deadlines, deliverables, funding requirements, schedule and any cost- sharing. This Agreement will act as a master document, under which project-specific Task Orders will be later approved by the partners upon their respective funding receipt and acceptance. This Agreement will support all funding sources. There is no fiscal impact at this time for this Agreement, as grants/federal funds are yet to be determined. As they come up, individual agenda items will be submitted for approval by the Board of Supervisors for the application, (if needed), acceptance and expenditures of such funds. Task Orders will then be expedited to better address ITS projects as they come up. 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 requested action does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. Section 42-17105. The terms of the agreement are in effect upon Board of Supervisors approval and shall remain in full force and effect for three years, except that it may be amended upon written agreement by the parties. This action impacts Supervisory District No. 1, 2, 3, 4 and 5 (C- 64-19-072-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 59. IGA WITH STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION FOR BRIDGE INSPECTIONS Approve the Intergovernmental Agreement (Agreement) between Maricopa County (County) and Arizona Department of Transportation (ADOT). The term of the Agreement is twenty five (25) years, unless extended by appropriate actions by the County and ADOT. Either party may terminate this Agreement upon a thirty (30) day written notice, after which the State will perform inspection responsibilities on behalf of the County. The purpose of this Agreement is to identify and define the Parties’ respective roles in the execution of the responsibilities outlined by ADOT under the National Bridge Inspection Standards (NBIS). The Agreement requires the County be responsible to inspect County-owned bridges in accordance with the NBIS and ADOT’s Bridge Inspection Guidelines. The County will be responsible for all costs incurred in performing the work as set forth in this Agreement. ADOT will provide the County access to ADOT’s bridge management software to record updated bridge inspection data for transmittal to the Federal Highway Administration. ADOT will utilize bridge data submitted by the County to fulfill the Federal requirements for National Performance Management measures (23 CFR 490) and to develop and Formal Meeting Minutes Wednesday, November 28, 2018 Page 54 of 66 implement an Asset Management Plan (23 CFR 515). Supervisory District: All (C-64-19- 078-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 60. ANNEXATION BY THE TOWN OF QUEEN CREEK Pursuant to A.R.S. §9-471(N), approve the annexation by the Town of Queen Creek of County right-of-way within: Riggs Road from Ellsworth Road to 1209.76 feet East of Ellsworth Road, in accordance with Ordinance No. 670-18. (General Vicinity: Riggs Road and Ellsworth Road. Supervisory District No. 1) (C-64-19- 077-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 61. CONSULTANT SERVICES CONTRACT FOR TRANSPORTATION SYSTEM PLAN 2040 Approval of the Transportation System Plan 2040 (TSP2040) Contract with Burgess & Niple, Inc. and Fee Proposal in the amount of $2,299,423.51. Funds will be budgeted through the Transportation Department (D640) Operating fund (232) Long Range Transportation Plan (TP022). Transportation System Plan 2040 will combine multiple planning level documents into a full comprehensive transportation plan. This combination of plan will provide a better resource in decision making for developers and county staff. This investment will create the necessary structure for efficient planning and programming to the benefit of all county roadway users. Supervisory District No. All (C-64-19-079-5-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Industrial Development Authority - Autoridad para el Desarrollo Industrial 62. ADOPT A RESOLUTION APPROVING THE ISSUANCE OF BONDS FOR THE BENEFIT OF SCOTTSDALE HEALTHCARE, D/B/A HONORHEALTH Adopt a resolution to approve the proceedings of The Industrial Development Authority of the County of Maricopa for the issuance of its Hospital Revenue Bonds (HonorHealth Project), Series 2018 in one or more tax-exempt and/or taxable series in an aggregate Formal Meeting Minutes Wednesday, November 28, 2018 Page 55 of 66 principal amount not to exceed $335,000,000. (C-94-19-007-4-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, 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~ Planning and Development - Planificación y Desarrollo 63. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the December 12, 2018 Board Meeting: (C-44-19-061-M-00) DMP2018005 – Zanjero Trails – Mod of Conditions – Dist. 4 Z2018059 – Zanjero Trails – Zone Change – Dist. 4 Z2018077 – Rancho Cabrillo – Mod of Conditions – Dist. 4 Z2018067 – White Mountain Trucking – Zone Change – Dist. 5 CPA2018005 – Sun Streams IV Solar Project – Major CPA – Dist. 5 Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation – Transportación 64. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0064 Set a hearing for February 13, 2019 for Road File No. PAB-0064 to consider the request to abandon a portion of a Federal Patent Easement Number #1218730 lying in the Southwest quarter of Section 27 – T7N, R2E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of 42nd Avenue and Sunset Drive, and known as Assessor Parcel 202-12-056A. Notice conditions and the request for comment requirements have been met. Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the hearing by certified mail shall be sent to the applicant and all abutting property owners no less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be the first board meeting no less than 60 days from the date the Board sets the hearing. In addition, a notice shall be posted in the area of the proposed abandonment no less than 60 days prior to the hearing date. Supervisory District No. 2 (C-64-19-071-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 65. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0087 Set a hearing for February 13, 2019 for Road File No. PAB-0087 to consider the request to abandon a portion of a Federal Patent Easement Number #1205958 lying in the Northeast quarter of Section 34 – T6N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of 22nd Street and Carlise Road, and known as Assessor Parcel Formal Meeting Minutes Wednesday, November 28, 2018 Page 56 of 66 211-69-017A. Notice conditions and the request for comment requirements have been met. Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the hearing by certified mail shall be sent to the applicant and all abutting property owners no less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be the first board meeting no less than 60 days from the date the Board sets the hearing. In addition, a notice shall be posted in the area of the proposed abandonment no less than 60 days prior to the hearing date. Supervisory District No. 3 (C-64-19-073-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 66. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0089 Set a hearing for February 13, 2019 for Road File No. PAB-0089 to consider the request to abandon a portion of a Federal Patent Easement Number #1150143 lying in the Northwest quarter of Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of 17th Avenue and Briles Road, and known as Assessor Parcel 210-11-015Q. Notice conditions and the request for comment requirements have been met. Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the hearing by certified mail shall be sent to the applicant and all abutting property owners no less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be the first board meeting no less than 60 days from the date the Board sets the hearing. In addition, a notice shall be posted in the area of the proposed abandonment no less than 60 days prior to the hearing date. Supervisory District No. 3 (C-64-19-074-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 67. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0090 Set a hearing for February 13, 2019 for Road File No. PAB-0090 to consider the request to abandon a portion of a Federal Patent Easement Number #1180516 lying in the Northwest quarter of Section 15 – T5N, R4E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of 64th Street and Maria Drive, and known as Assessor Parcel 216-50-026B. Notice conditions and the request for comment requirements have been met. Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the hearing by certified mail shall be sent to the applicant and all abutting property owners no less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be the first board meeting no less than 60 days from the date the Board sets the hearing. In addition, a notice shall be posted in the area of the proposed abandonment no less than 60 days prior to the hearing date. Supervisory District No. 2 (C-64-19-076-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 68. ROAD FILE NO. 5926 Set a hearing for January 16, 2019 for Road File No. 5926 to Open and Declare the Formal Meeting Minutes Wednesday, November 28, 2018 Page 57 of 66 following described alignments into the County Transportation System. The Maricopa County Department of Transportation has inspected and approved/accepted the developer constructed roads within the Luke Ranch Estates recorded in MCR 794-5 and has recommended that the Board of Supervisors adopt the resolution accepting the roads in the subdivision into the County road system. (General Vicinity: Glendale Avenue and 137th Avenue also known as Luke Ranch Estates. Supervisory District No. 4) (C-64-19-075-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 69. DUPLICATE WARRANTS Pursuant to A.R.S §11-632, approve and ratify the issuance of duplicate warrants to replace county warrants and school warrants which were either lost or stolen. Necessary affidavits have been filed with the Board. (C-06-19-184-7-00) Name Warrant No Amount Dept/School Student Television Network 3700043089 75.00 Agua Fria Union Christopher Rogers 22610032 861.89 Environmental Serv SunESolar XIV, LLC 480052864 7422.87 Liberty Elementary Kristen Anderson 3010014288 346.14 County Attorney Kamaldeep K Toor 380017787 3689.88 County Attorney Joseph Hernandez 3700097324 42.00 Agua Fria Union Robert Bogart 22603758 214.50 Elections Terry Loma 22602943 278.38 Elections Randal Scott Holmes 22604035 195.50 Elections Name Warrant No Amount Dept/School Dana Billig 22602213 192.50 Elections Kaitlin Alexandria Ward 22603583 502.15 Elections Ahtanya Riggs 22604319 265.88 Elections Vending Services 3700092542 1677.00 Tolleson Union Jamies Corrales 3700088478 579.35 Fowler Elementary Simon Consulting 3010011578 240.00 Contract Counsel Ronald Downham 22603893 247.25 Elections Monica Nelson 380010045 223.31 County Attorney Cintas FAS Lockbox 636525 3700083722 1145.17 Paloma Elementary Animal Medical Center 380009578 364.76 County Attorney Soliant Health 3700072528 4,070.25 Litchfield Elementary Gary Vasko 3700082520 746.32 Tolleson Union Formal Meeting Minutes Wednesday, November 28, 2018 Page 58 of 66 Gary Vasko 3700088887 242.91 Tolleson Union Photomart Corp 3700091897 554.64 Avondale Elementary Danielle Parkin 22612557 530.46 Sheriffs Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 70. STALE DATED WARRANTS Pursuant to A.R.S. §11-644 the Board of Supervisors finds that claims presented, are legitimate and that claimants have demonstrated good and sufficient reason for failure to present the original check or warrant within the allotted time. Accordingly, the claims are allowed. (C-06-19-185-7-00) Name Warrant No Amount Dept/School Zuhra LLC 370023967 310.00 Environmental Serv Security Title Agency 846241 407.72 Treasurer Monica Nelson 380008394 159.51 County Attorney Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 71. DONATIONS In accordance with County Policy A2508, accept the monthly donation report received from Parks and Recreation for October 2018, for a Cash Value of $250.07. (C-06-19-196-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 72. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held June 11, 2018; August 20, 2018; November 5, 2018; November 13, 2018; and November 14, 2018. (C-06-19-198-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 73. BOUNDARY CHANGE TO THE WINDSOR SQUARE IRRIGATION WATER DELIVERY DISTRICT NO. 27 Pursuant to A.R.S. § 48-3427 approve the boundary changes being made to the Windsor Square Irrigation Water Delivery District No. 27 to include the following: Lots 25 and 27 of Block 7, of WINDSOR SQUARE, a Subdivision of part of the South Half of the Southeast Quarter of Section 17, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 20 of Maps, Page 37. (Supervisorial District 3) (C-06-19-190-V-00) Formal Meeting Minutes Wednesday, November 28, 2018 Page 59 of 66 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 74. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE BOARD OF DIRECTORS FOR ELECTRICAL DISTRICT NO. 7 Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16- 410(A) and the letter received from Electrical District No. 7: 1. Cancel the election scheduled to be held on January 12, 2019; 2. Appoint Lomand Beals, Matthew Woolf and Ronald Gass as Directors to fill the expired terms. The appointed Directors shall serve three year terms commencing January 12, 2019 through January 11, 2022 OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial Districts 4). (C-06-19-193-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 75. 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-06-19-201-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 76. 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-06-19-199-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 77. TAX ABATEMENTS Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to ARS 42-18353 for the parcel numbers, tax years and amounts as listed below: (C-43-19-017-M- 00) 141-85-125 2015 $15.11 147-01-001Y 2007 $2,016.63 302-19-007L 2008-2014 $9,734.69 Formal Meeting Minutes Wednesday, November 28, 2018 Page 60 of 66 960-16-554 2003-2007 $851.50 960-39-998 2002-2011 $885.02 960-39-998 2012-2014 $190.43 960-61-326 2009-2014 $1,277.08 960-82-120 2015-2017 $103.54 961-42-059 2016 $316.09 962-25-671 2005-2014 $1,057.19 962-49-019 2008, 2014 $77.25 962-58-626 2016 $214.49 962-80-832 2010-2014 $874.86 963-70-949 2014 $169.89 964-09-373 2013 $54.81 965-57-115 2014 $96.98 967-34-891 2014 $178.50 970-83-195 2010-2017 $819.11 970-98-886 2012-2017 $2,558.23 983-50-838 2009-2014 $3,045.54 983-53-393 2010-2014 3,865.16 983-56-804 2014 $162.39 983-72-924 2013-2014 $41.63 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 78. TREASURER'S COLLECTIONS AND INVESTMENT SUMMARY FOR AUGUST AND SEPTEMBER 2018 Pursuant to A.R.S. § 11-501, accept the Treasurer's Statement of Collections and Investment Reports for August and September 2018, as on file in the Clerk of the Board's Office and retained in accordance with Arizona State Library Archives and Public Record (ASLAPR) approved retention schedule. (C-43-19-015-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 79. SETTLEMENT/RESOLUTION OF PROPERTY TAX CASES AND CLAIMS Pursuant to A.R.S. §§42-16201 through 16258, approve the settlement/resolution of tax cases and claims as listed. (C-06-19-209-7-00) 2018: TX2017-000518 2018/2019: ST2018-000096; TX2018-000284 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES Formal Meeting Minutes Wednesday, November 28, 2018 Page 61 of 66 County Attorney A-1. APPROPRIATION ADJUSTMENT FOR COUNTY ATTORNEY SPECIAL REVENUE FUND Pursuant to A.R.S. $42-17106(B), approve the following transfer of expenditure authority within the FY 2019 Budget: 1) Increase the expenditure authority in the County Attorney (D190) RICO (213) Non- Recurring, Non-Project (NRNP) budget by $25,125 for External Publications and Communications - Communications. 2) Decrease the expenditure authority for the Non Departmental (D470) Non Departmental Grants Fund (249) Non Recurring Non Project (NRNP) by $25,125. The County Attorney has identified an initiative that will enhance the public’s safety. This project is of a one-time nature and will be resolved by the end of the 2018-2019 fiscal year. The County Attorney proposes to utilize $25,125 in existing fund balance of the County Attorney (190) RICO (213) fund. These actions will have a 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 expenditure appropriation budget increase will allow the County Attorney to utilize accumulated fund balance to respond to the extraordinary needs of the organization that directly impact public safety and expend such non-recurring funds for programs and services of limited terms and duration. (C-19-19-024-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Sheriff A-2. AMENDMENT TO SOLE SOURCE CONTRACT WITH COMPUCOM SYSTEMS Approve Amendment No. 3 to sole source contract #11134-SS between CompuCom Systems, Inc. and Maricopa County, Arizona for the purchase of hardware maintenance and support of the Bull (now Atos) Novascale system dated December 14, 2011 and effective December 17, 2011. The parties agree to exercise a renewal option in Section 1.2 for six (6) months through June 30, 2019. The value of this contract amendment is not to exceed $67,329 plus applicable tax. This extension will coincide with the Atos contract 14071-SS end date for monthly licensing fees and services. CompuCom is the only Atos authorized US vendor certified to work on the Bull (Atos) mainframe, that supports the Jail Management System (JMS). Maricopa County is not aware of any other vendor that possesses the proprietary information necessary to provide the maintenance and support for this solution. (C-50-12- 040-M-03) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 28, 2018 Page 62 of 66 A-3. AMENDMENT TO SOLE SOURCE CONTRACT WITH ATOS IT SOLUTIONS AND SERVICES, INC. Approve an Amendment to the Sole Source Contract by and between Maricopa County and Atos IT Solutions and Services, Inc. (formerly Bull H.N.) (14071-SS) for monthly licensing fees and services that extends the contract beginning December 18, 2018 for up to six (6) months on a month to month basis through June 30, 2019. Atos agrees to a 10% discount on all fees should the County commit for all products and services through June 30, 2019 and agrees to pay the fees in advance within 30 days after the start of the term. The value of this contract is not to exceed $1,114,012 plus applicable tax. This contract is necessary to support the current Sheriff's Office Jail Management System (JMS) that is being replaced with the implementation of (SHIELD). Approval of this item will allow MCSO to continue operating the current Jail Information Management System (JMS). This procurement covers monthly licensing fees, and yearly disaster recovery fees. Funding for this item is set aside in FY 2019 Non Departmental, Non Recurring for the Detention Fund contingency. The Sheriff’s Office must maintain the existing system until implementation of the new information management system is complete. (C-50-15-014-M-02) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Risk Management A-4. KRAMER VS MARICOPA COUNTY AND PENZONE, CV2016-016687 Approve the Settlement in the amount of $300,000 between Maricopa County and Plaintiff(s), in Kramer vs. Maricopa County, concerning State of Arizona Superior Court, CV2016-016687. Authorize the Chairman to sign any necessary documents upon review and approval as to form by assigned legal counsel. This item was discussed on in Executive Session November 5, 2018. (C-75-19-008-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, 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 80. Public comment on matters pertaining to Maricopa County government. Please limit comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board members may not discuss matters raised under this public comment portion of the meeting; however, an individual Board member may respond to criticism made by those who have Formal Meeting Minutes Wednesday, November 28, 2018 Page 63 of 66 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.) Brad Heward, resident and fifth generation native Arizonian, spoke on the poor handling of the recent election. He stated he was unable to attend the special meeting regarding elections and spoke on aggravated identity fraud as it pertains to voter fraud. He said he would like the voter rolls to be reviewed and documented so laws may be enforced if any laws were violated. The review of documents would be specifically for identity fraud, forgery, providing false information to government agencies, voter fraud, ballot harvesting and RICO Law violations. Chairman Chucri stated the Attorney’s Office would follow-up on the request after the meeting. 81. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Gallardo commented on the passing of former Congressman Ed Pastor. He said Mr. Pastor served as a Board member, served the State of Arizona well and was a great Statesman. He has been a dear friend for many years and helped Supervisor Gallardo during his first campaign to run for State Legislature. Through the years they both joined walks together, phone banking, etc. He spoke of Mr. Pastor’s service for Arizona, the amount of money he assisted in bringing to Arizona and was a great champion for Arizona. Mr. Pastor touched the lives of many individuals and will be missed. He offered condolences to Mr. Pastor’s family. Supervisor Gates informed the public of the December 5, 2018 Coffee Chat with guest speaker Mary Martin, Director of Maricopa County Animal Care and Control, and guests are encouraged to bring toys for homeless pets at the shelters. He spoke of a recent trip to New York City to watch his daughters participate in the World Championship of Mock Trial and noted his congratulations to his oldest daughter who ranked 4th. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Formal Meeting Minutes Wednesday, November 28, 2018 Page 64 of 66 Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, November 28, 2018 Page 65 of 66 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, November 28, 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; Denny Barney, District 1; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. F-1. PURCHASE AGREEMENT FOR ADOBE DAM PROJECT-ADOBE 8 LOTS P-2271-EX Approve and execute an original Purchase Agreement and Escrow Instructions together with a Special Warranty Deed by and between The Flood Control District of Maricopa County, a political subdivision of the State of Arizona, Grantor and C & C LAWNGATE, L.L.C., an Arizona limited liability company, Grantee. The parcel is located: Northeast corner of 47th Ave. & Pinnacle Peak Road; Assessor Parcel Number 205-12-144 through 151 The Board utilizes its Disposition Program on all excess properties to evaluate them for the best potential of sales or leasing, depending on current market information. On October 22, 2014 the Board of Directors declared Item No. P-2271-EX excess land by Agenda Item C- 69-15-02-8-00. This property was sold at public auction on October 31, 2018 to C & C LAWNGATE, L.L.C., an Arizona limited liability company for the appraised value of $1,269,000.00. This item is located in Supervisorial District #3 (C-69-19-008-8-00) Motion to approve by Director Gates, seconded by Director Barney Ayes: Barney, Chucri, Gates, 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: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, November 28, 2018 Page 66 of 66 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, November 28, 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; Denny Barney, District 1; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. L-1. DONATIONS In accordance with County Policy A2508, accept the monthly donation report received from Library District for October 2018 for $7,275.94. (C-06-19-200-7-00) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Barney, Chucri, Gates, 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: ____________________________ Fran McCarroll, Clerk of the Board