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Board Members Steve Chucri, Chairman, District 2 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 54 Library District 56 Stadium District No Meeting Board of Deposit No Meeting Wednesday, December 12, 2018 9:30 AM Formal Meeting Minutes Wednesday, December 12, 2018 Page 2 of 55 Chairman Chucri introduced Mike McQuaid, President of Lodestar Day Resource Center Board of Directors. 1. INVOCATION - INVOCACIÓN Mike McQuiad offered the Invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Mike McQuiad 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, December 12, 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 Talia Offord, Legal Counsel. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Jose Santiago, Maricopa County Animal Care and Control, presented Jared, who came into the shelter with debris lodged in his throat, which caused breathing issues. Veterinarian Dr. Hilby performed a tracheotomy on him and he is now able to breathe without obstructions. Jared is an example of animals that are given a fighting chance to live from the work of Veterinarian. He is available for adoption at the West Shelter located at 2500 W. 27th Ave., Phoenix, AZ 85009. For information concerning adoptions, contact 602-506-PETS or visit www.pets.maricopa.gov. ~ Supervisor Gallardo entered the meeting ~ Chairman Chucri commented on a system that is working and reforms that the Board has approved are making a difference. He said there were 4,000 fewer animals that went through the shelters in 2018 which proves that efforts made to the organization’s programs are working. PRESENTATIONS - PRESENTACIÓNES 5. DONATIONS FROM THE EAST SIDE ELVES Accept the in-kind donations of collars, toys, and treats valued at $7,371 from the East Side Elves. (C-79-19-054-D-00) Formal Meeting Minutes Wednesday, December 12, 2018 Page 3 of 55 Chairman Chucri spoke of the leadership of Mary Martin, Director of Maricopa County Animal Care and Control. Within her leadership 4,000 fewer animals have remained in the shelters and he commented on the efforts made in public communication. He congratulated staff on their efforts in saving animals’ lives. Mary Martin thanked the representatives of East Side Elves for their presence and noted they are an amazing group. Callie Best, East Shelter Division Manager, said the group started in 2015 by raising money to launder soiled shelter laundry. She said in 2016 $10,000 was raised to launder 4,600 loads. In 2017, the group became a non-profit organization and donated $11,000 worth of collars, microchips, enrichment items, sponsored training sessions, and provided financial assistance to families. In 2018, more than $32,000 was donated in supplies to the shelter. Ms. Best thanked the East Side Elves for their dedication to the shelter. Chairman Chucri invited those present to come forward for a photo opportunity and thanked the East Side Elves for their shelter donations and time. Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo Chairman Chucri asked the Clerk if there were any changes to the agenda. There were none. PLANNING AND ZONING AGENDA AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN ***The Board of Supervisors will now consider matters related to Planning and Zoning*** Chairman Chucri asked the Clerk if there were any speakers for items PZ-1 through PZ- 11. There were none. CONSENT AGENDA - AGENDA DE CONSIENTA PZ-1. RANCHO CABRILLO Case #: Z2018077 Supervisor District: 4 Applicant /Owner: Matthew J. Mancini PE, 3engineering, LLC / Rancho Cabrillo Development LLC Request: Modification of Conditions to a Zone Change to amend the RUPD development standards for parcels H, I, J, and K Formal Meeting Minutes Wednesday, December 12, 2018 Page 4 of 55 Site Location: Generally located southwest and northwest of the corner of Happy Valley Rd. and El Granada Blvd. in the Peoria area Commission Recommendation: On 11/8/18, the Commission voted 7-0 to recommend approval of Z2018077 subject to conditions ‘a’ – ‘c’: a. Development and use of the site shall comply with the Narrative Report entitled “Rancho Cabrillo – Zoning Modification of Condition Narrative”, consisting of 7 pages, dated stamped received October 12, 2018, except as modified by the following conditions. b. The following changes to the R1-6 RUPD PAD and R1-7 RUPD PAD zoning district development standards shall apply for Rancho Cabrillo Parcels H, I, J, and K: 1. Maximum lot coverage - 55% for parcels H, I, J, and K 2. Minimum front setback - 10’/18’ (10’ livable and side loaded garage, 18’ for front facing garage) for parcels H, I, J, and K 3. Minimum lot width – 45’ for parcels H, J, and K c. Compliance with Z2006069 conditions/stipulations of approval, as applicable, shall be maintained. (C-44-19-065-M-00) Chairman Chucri asked the Clerk if there were any speakers for items PZ-1 through PZ- 11. There were none. Motion to concur with the Planning Commission recommendation for approval subject to conditions ‘a’ – ‘c’ by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo PZ-2. WHITE MOUNTAIN TRUCKING Case #: Z2018067 Supervisor District: 5 Applicant /Owner: Nick Sherman, LGE Design Group / Alta Vista 9 LLC Request: Zone change from Rural-43 to IND-2 Industrial Unit Plan of Development (IUPD) Site Location: Generally located at the southwest corner of Alta Vista Rd. and 75th Ave. in the Phoenix area Commission Recommendation: On 11/8/18, the Commission voted 7-0 to recommend approval of Z2018067 subject to conditions ‘a’ – ‘i’: a. Development of the site shall comply with the zoning exhibit entitled “White Mountain Trucking”, consisting of one (1) full-size sheet, stamped received October 24, 2018, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “White Mountain Trucking”, consisting of two (2) pages, stamped received August 22, 2018, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial Formal Meeting Minutes Wednesday, December 12, 2018 Page 5 of 55 construction permit submittal. d. All driveways and parking areas shall be paved unless there is a dust control plan approved by the Maricopa County Air Quality Department (MCAQ). e. The following Planning Engineering conditions shall apply: 1. The Owner shall provide dedication of an additional 22’ for a total of 55’ half-width of right-of-way for the following roadway South 75th Avenue 22 feet All such dedications shall be in fee and free of all liens and encumbrances. Prior to acceptance of such dedication, the applicant shall provide the County an owner’s title insurance policy issued to the County, the MCDOT environmental checklist and any and all other requirements as set forth in the “MCDOT Right-of-Way Dedications Reference Guide”. Until Maricopa County has accepted said dedication, all responsibilities, including but not limited to maintenance and repair for the property to be dedicated shall be that of the applicant. 2. Construct ultimate half-width improvements on South 75th Avenue. Roadway must meet County Standards in effect at the time they are constructed. A waiver from this requirement may be requested from MCDOT. f. The following IND-2 IUPD screening standards shall apply: 1. 6' (h) chain link with slats along the north and west property lines 2. 3' (h) block wall to screen parking along the southern property line (approx. 120 linear feet) 3. 6’ (h) block wall along the southern property line 4. 8' (h) block wall along east property line g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. h. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. 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-44-19-066-M-00) Motion to concur with the Planning Commission recommendation for approval subject to conditions ‘a’ – ‘i’ by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo Formal Meeting Minutes Wednesday, December 12, 2018 Page 6 of 55 PZ-3. SUN STREAMS IV SOLAR PROJECT Case #: CPA2018005 Supervisor District: 5 Applicant /Owner: Max Bakker, Sun Streams 4 LLC / Arizona State Land Department, c/o Ray Moore Request: Major Comprehensive Plan Amendment to change the land use designations in the Old US Highway 80 Area Plan from ‘Large Lot Residential’ (1-2 d.u./ac.) and ‘Small Lot Residential’ (2-5 d.u./ac.) to ‘Utilities’ to accommodate an expansion of the Sun Streams utility scale solar project. CPA approval is by Resolution. Site Location: Generally located between 347th Ave. alignment to the east, 355th Ave. alignment to the west, Elliot Rd. alignment to the north, and Cactus Rose Rd. alignment to the south, in the Arlington area Commission Recommendation: On 11/8/18, the Commission voted 7-0 to recommend approval of CPA2018005 subject to conditions ‘a’ – ‘c’: a. Development and use of the site shall comply with the narrative report entitled “Sun Streams IV Solar Project” including all exhibits dated May 2018 and stamped received May 31, 2018, except as modified by the following conditions. b. The land use designation of utilities approved as part of case CPA2018005 shall be subject to the time limits set forth in the subsequent zone change, and shall change to the previous Small Lot Residential and Large Lot Residential land use designations if the zone change reverts back to Rural-43. c. The applicant is proposing to develop a photovoltaic solar electric generating facility which, pursuant to the Maricopa County Comprehensive Plan, necessitates a change in the land use designation from Small Lot Residential and Large Lot Residential to Utilities. The proposal by the applicant represents a comprehensive approach to the subject property and will allow the applicant to pursue the proper entitlements pursuant to state law so that they can lawfully operate in unincorporated Maricopa County. This particular proposal is an appropriate plan for the property and is consistent with the overall intention of the comprehensive. However, in the event that the zone change for this particular proposal is not approved by Maricopa County Board of Supervisors (BOS) within five (5) years from the date of Board approval of this comprehensive plan amendment, this amendment shall no longer be effective as the planning justification for this comprehensive plan amendment will no longer be present. In such instance, a change of the land use designation from Utilities to Small Lot Residential and Large Lot Residential will occur, and all comprehensive plan land use maps shall be altered to reflect as such, because this represents superior long-range planning by Maricopa County. (C-44-19-067-M-00) Motion to concur with the Planning Commission recommendation for approval subject to conditions ‘a’ – ‘c’ by Resolution by Supervisor Hickman, seconded by Supervisor Barney Formal Meeting Minutes Wednesday, December 12, 2018 Page 7 of 55 RESOLUTION OF AMENDMENT Maricopa County Board of Supervisors Vision 2030, Maricopa County Comprehensive Plan Resolution Amending the Maricopa County Comprehensive Plan - Case Number: CPA2018005 December 12, 2018 BE IT RESOLVED by the Maricopa County Board of Supervisors as follows: WHEREAS, Maricopa County adopted its Comprehensive Plan in accordance with Arizona Revised Statutes to help bring about coordinated physical development consistent with the present and future needs of Maricopa County; and WHEREAS, Maricopa County recognizes the importance of having a comprehensive plan amendment process so that this plan can be responsive and flexible to meet the changing conditions of Maricopa County; and WHEREAS, Maricopa County has procedures to determine when comprehensive plan amendments are necessary, how comprehensive plan amendments are processed, and at what point comprehensive plan amendments can be presented at a public hearing by the Board of Supervisors, upon recommendation by the Planning and Zoning Commission; and WHEREAS, Arizona Revised Statutes requires that amendments to the Comprehensive Plan be approved by resolution of the Board of Supervisors; and WHEREAS, the Maricopa County Board of Supervisors has carefully considered this comprehensive plan amendment, has held a public hearing regarding this comprehensive plan amendment, and finds that this comprehensive plan amendment constitutes an overall improvement to the Maricopa County Comprehensive Plan, and to Maricopa County in general. NOW, THEREFORE BE IT RESOLVED that the comprehensive plan amendment for case number CPA2018005, is hereby approved this 12th day of December 2018. /s/ Steve Chucri, Chairman /s/ Fran McCarroll, Clerk of the Board /s/ Jennifer Pokorski, Director of Planning and Development Ayes: Chucri, Gates, Barney, Hickman, Gallardo PZ-4. ZANJERO TRAILS Case #: DMP2018005 Supervisor District: 4 Formal Meeting Minutes Wednesday, December 12, 2018 Page 8 of 55 Applicant /Owner: Stephen Anderson, Gammage & Burnham / Maricopa County Municipal Water Conservation District 1 Request: Development Master Plan (DMP) amendment to site plan to change land use designation for Parcel 33 (14.4 acres) from ‘Commercial Retail Center’ to ‘Single Family Residential (2-5 d.u./ac.) and to modify conditions of approval Site Location: Generally located at the southeast corner of Jackrabbit Trail (195th Ave.) and Bethany home Rd., in the Buckeye planning area Commission Recommendation: On 11/8/18, the Commission voted 7-0 to recommend approval of DMP2018005 subject to conditions ‘a’ – ‘jj’: a. Development shall comply with the Development Master Plan document entitled “Zanjero Trails Development Master Plan”, a bound document, dated revised November 8, 2004, including all exhibits, maps, and appendices and as further modified by the revised DMP Narrative Report entitled, “Zanjero Trails, Development Master Plan Amendment (DMP2018005) dated August 31, 2018 and stamped received September 10, 2018 consisting of 11 pages with updated Land Use Map (Figure 10). Within 30 days of Board of Supervisors approval, the applicant shall submit a revised Development Master Plan document reflecting all changes recommended by the Planning and Zoning Commission and approved by the Board of Supervisors. b. Changes to the Zanjero Trails Development Master Plan with regard to use and intensity, or 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 Zanjero Trails Development Master Plan, including the 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. All stipulations of approval shall remain in effect in the event of a change in name of the Zanjero Trails Development Master Plan. d. If the initial final plat has not been approved within five (5) years from the date of approval of DMP2009002, this development master plan will be scheduled for public hearing by the Maricopa County Board of Supervisors, upon recommendation by the Maricopa County Planning and Zoning Commission, to consider revocation of the adopted development master plan. Further, should this development master plan be rescinded, all zoning and other entitlement changes approved as part of the Zanjero Trails Development Master Plan shall also be considered for revocation by the Board of Supervisors, upon recommendation of the Commission, to the previous entitlements. e. Prior to approval of any final plat, the master developer shall enter into a development agreement with Maricopa County that addresses short- and long-term service, infrastructure, operation, maintenance, and financial assurance needs of Maricopa County agencies necessary to provide adequate services and infrastructure to future residents of the Zanjero Trails Development Master Plan. Further, prior to approval of any final plat this Formal Meeting Minutes Wednesday, December 12, 2018 Page 9 of 55 development agreement shall be signed by both the master developer and the designated Maricopa County representative(s) and provided to the Maricopa County Planning and Development Department for public record. Maricopa County reserves the right to modify the development agreement if it is determined that such changes are necessary due to changing circumstances or conditions, although such modifications are subject to approval by the Board of Supervisors. The master developer may also petition for modifications, which are also subject to Maricopa County Board of Supervisors approval. f. No development shall occur in unincorporated Maricopa County after the date or timeframe identified in the preannexation agreement between the Maricopa Water District and the City of Surprise, entitled “Pre-Annexation Development Agreement (Zanjero Trails)” consisting of 24 pages and recorded with the Maricopa County Recorders Office February 26, 2004 (Docket no. 04-0191607). This preannexation agreement shall be signed by both the Zanjero Trails master developer and the City of Surprise. g. Prior to approval of any final plats, the master developer shall provide the Maricopa County Planning and Development Department with a written document, signed by both the master developer and each of the applicable school districts, which acknowledges that the master developer has met the school districts’ needs for servicing future residents of the Zanjero Trails Development Master Plan. This includes written confirmation from all applicable school districts that the school locations, types, and acreages shown are acceptable, and that no high school site(s) are necessary within the Zanjero Trails Development Master Plan. h. The master developer shall notify future homeowners that they are located within the State-defined “Territory in the Vicinity of a Military Airport” with the following language: “You are buying a home or property in the “vicinity of a military airport” as described by State of Arizona statute A.R.S. §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct overflights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 overflights 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 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. For further information, please check the Luke Air Force Base website at www.luke.af.mil/urbandevelopment.” Such notification shall be recorded on all final plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. Formal Meeting Minutes Wednesday, December 12, 2018 Page 10 of 55 In addition, all habitable buildings constructed within this project shall be constructed with a minimum R18 exterior wall assembly, a minimum of R30 roof and ceiling assembly, dual- glazed windows and solid wood, foam-filled fiberglass or metal doors to the exterior to achieve a maximum interior noise level of 45 decibels. i. The Zanjero Trails master homeowners association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and amenities, washes, parks, roadway median landscaping, landscaping within public rights-of-way, and all pedestrian, bicycle, and multi-use paths. j. 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. k. All irrigation water supplied for common/open space areas and lakes 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. l. The Zanjero Trails Development Master Plan shall be developed sequentially as depicted on the phasing diagram contained in the Zanjero Trails Development Master Plan narrative report. m. The total number of residential dwelling units for the Zanjero Trails Development Master Plan shall not exceed 7,664. The total number of dwelling units for the Zanjero Trails Master Plan in unincorporated Maricopa County south of Peoria Avenue shall not exceed 6,420 number as indicated in the Zanjero Trails Land Use Plan (parcel chart) dated October 5, 2004. To help ensure compliance, the cumulative number of single and multifamily dwelling units within unincorporated Maricopa County and the City of Surprise, in relation to the identified limit, shall be identified on all plats. n. Residential development shall be prohibited on areas with a slope of 15% or greater. o. The master developer shall submit a written report to the Maricopa County Planning and Zoning Commission outlining the status of the Zanjero Trails Development Master Plan every five (5) years following Board of Supervisors approval of case DMP2009002. The status report shall discuss development progress, including the total number of units built and platted, locations of areas/parcels under construction, status of infrastructure development, status of non-residential property, progress on how the stipulations of approval are being implemented, and any other information as required by the Maricopa County Planning and Development Department. p. Until annexation of the entire master plan takes place, the master developer shall notify all future Zanjero Trails 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, Formal Meeting Minutes Wednesday, December 12, 2018 Page 11 of 55 wastewater, libraries, and refuse collection. Such notice shall be included on all final plats, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC&Rs). q. All park facilities shall be completed concurrent with any residential development of a respective parcel shown on each plat. Park facilities and amenities shall be identified on all applicable plats, and are subject to review by the Maricopa County Planning and Development Department. r. Not less than 23.5 acres shall be reserved for Recreational Open Space (ROS) land use in the general locations depicted on Figure 12 Proposed Land Use Map contained in the Zanjero Trails Development Master Plan narrative report. Each ROS shall be a minimum of 6.5 acres in size and have community amenities, including multi-purpose sports fields sized for soccer and/or baseball use, two (2) playgrounds (tot lots), basketball court (4 half courts) and three (3) ramadas with picnic tables and barbeque grills. Further, the project shall have not less than twenty-nine (29) mini-park sites in the general locations depicted on Figure 15A Conceptual Landscape Plan contained in the Zanjero Trails Development Master Plan narrative report. Each mini-park shall be a minimum of one (1) acre in size and include recreational amenities, including, as a minimum, a small multi-purpose play field, playground (tot lot) and ramada with barbeque grill and 2 picnic tables. At the time of each preliminary plat submission, the master developer shall include a description of the status of the cumulative ROS acreage and mini-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. s. Not less than fifty (50) acres shall be reserved for general commercial land uses and not less than fifteen (15) acres shall be reserved for commercial office uses. Three (3) Commercial Office parcels of five (5) acres each, one on each of Camelback Road, Olive Avenue and Peoria Ave. To help ensure compliance, at the time of each preliminary plat submission the master developer shall include a description of the status of the cumulative number of general commercial and commercial office acreage with respect to the sixty-five (65) acre requirement. t. Unless otherwise agreed to by the applicable school districts, not less than four (4) school sites and a minimum of 48 cumulative net acres shall be reserved for schools. To help ensure compliance, at the time of each preliminary plat submission the master developer shall include a description of the status of the required number and acreage noted in this stipulation. u. The master developer shall provide non-vehicular multi-use trails along Perryville Road and along all east-west arterials. Such trails shall be identified on all plats and are subject to approval by Maricopa County. v. Prior to approval of the first final plat, the master developer shall provide a “will serve” letter and a Certificate of Convenience and Necessity from a qualified public or private water and wastewater provider demonstrating commitment to serve the entire Zanjero Trails Development Master Plan with water and wastewater service, which is subject to approval by the Maricopa County Department of Environmental Services. w. Prior to approval of the first final plat, the master developer shall provide a “will serve” letter for electric power service from Arizona Public Service or another qualified public or private utility demonstrating commitment to serve the entire Zanjero Trails Development Master Plan, which is subject to approval by the Maricopa County Planning and Formal Meeting Minutes Wednesday, December 12, 2018 Page 12 of 55 Development Department. x. Prior to approval of the first final plat, the master developer shall provide a “will serve” letter for fire protection from Rural Metro Corporation or another qualified public or private fire service provider demonstrating commitment to serve the entire Zanjero Trails Development Master Plan, which is subject to approval by the Maricopa County Planning and Development Department. y. Prior to approval of the first final plat, the master developer shall provide a “will serve” letter for telephone service from a qualified public or private telephone provider demonstrating commitment to serve the entire Zanjero Trails Development Master Plan, which is subject to approval by the Maricopa County Planning and Development Department. z. Prior to approval of the first final plat, the master developer shall provide a “will serve” letter for refuse collection from a qualified public or private collection provider demonstrating commitment to serve the entire Zanjero Trails Development Master Plan, which is subject to approval by the Maricopa County Planning and Development Department. aa. An archaeological survey of the subject property shall be conducted prior to approval of any preliminary plat to locate and evaluate any cultural resources on the site. Once complete, a report of the results shall be provided to the Arizona SHPO for review and comment before any ground disturbing activities related to development are initiated. The applicant shall perform an archaeological analysis to evaluate the eligibility of cultural resource sites for the National or State Register of Historic Places. If Register eligible properties cannot be avoided by development activities, then the Arizona SHPO shall determine if a data recovery (excavation) program is necessary. Should federal permits be required for the project, then any archaeological work performed must meet the Secretary of Interior Standards, and will be subject to the National Historic Preservation Act. bb. A quality of life assessment of $377 per unit shall be made available to the Maricopa County Library District to be used for operational purposes only. Arrangements can be made for this assessment to be paid on a per unit basis at the time of building permit for the individual units. cc. One hundred fifty dollars ($150) per house will be paid by the developer as each residential unit at the time the building permit is issued to a fund trails and park/recreational facilities enhancement and maintenance. The County shall deposit and hold all receipts in the parks enhancement fund for the specific purposes stated above. All interest earned on the fund shall remain an asset of the fund. dd. A 110’ natural landscape setback shall be provided as measured from the center-line of Olive Ave. within the Zanjero Trails Development Master Plan area. ee. The following Department of Transportation stipulations shall apply to development of Zanjero Trails: 1. An approved traffic impact analysis shall be on file with the Maricopa County Department of Transportation. The analysis shall include development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The analysis shall be updated with each phase to reflect existing conditions and any changes to the development plan. 2. The traffic analysis shall be updated prior to the first final plat approval to reflect current Formal Meeting Minutes Wednesday, December 12, 2018 Page 13 of 55 conditions. Additional lane capacity on offsite alignments will be reviewed with each resubmittal of the traffic analysis. The Applicant shall provide a financial assurance to guarantee the offsite improvements that are recommended in their approved analysis. Subsequent updates of the traffic analysis will be required by the Maricopa County Department of Transportation if changing conditions warrant. 3. Developer shall contribute their proportionate share of offsite regional roadway improvements, based upon their proposed 9,974 total residential units. An area study shall be provided to determine the regional transportation needs and the appropriate contribution. Roadways shall meet county standards in effect at the time they are improved. 4. A development agreement or comparable document shall be executed within 90 days of DMP approval or prior to any, rezoning or preliminary plat approval. This agreement shall further detail transportation issues, including phasing of offsite roadway improvements and proportionate regional contributions referenced in item 3 above. 5. Developer is responsible for assuring paved access to their site at the time of the first final plat. Any improvements to the regional system necessary to provide paved access shall be credited to the developer’s contribution referred to in item 3 above. 6. Applicant shall be responsible for submitting their arterial street network to the MAG Transportation Improvement Program for conformity analysis. Approval is required prior to commencing construction. 7. All proposed primary routes (principal arterials or greater) must be consistent with a county approved transportation plans. 8. All-weather access shall be provided to all parcels and on all arterial roadways. 9. A minimum of two (2) access points shall be provided and available to each development phase and/or subdivision unit. 10. An underground conduit system (or comparable technology) shall be provided within the rights-of-way throughout the development to integrate traffic signals and for future ITS uses. 11. Provide neighborhood access to commercial areas by means other than using the arterial street network. 12. Use of neighborhood electric vehicles shall be accommodated in this development. Routes and other design features shall be established, as necessary, to provide safe and efficient circulation in conformance with prevailing laws and requirements at time each phase is submitted for approval. 13. Bike lanes shall be included on all arterial and major collector alignments and meet county standard. A bicycle circulation plan shall be provided with each phase of development. 14. Development should be designed to promote pedestrian and bicycle use and alternative modes of transportation to public facilities within and adjacent to the site, (e.g., bus bays, park-and-ride lots, internal trail systems). 15. Street lighting installation shall be the responsibility of the developer. A Street Light Formal Meeting Minutes Wednesday, December 12, 2018 Page 14 of 55 Improvement District or comparable authority shall be established to provide operation and maintenance. 16. Landscaping shall conform to Chapter 9 of the MCDOT Roadway Design Manual. Maintenance of landscaping within public rights-of-way shall be the responsibility of the applicant. 17. Provide the ultimate full or half-width rights-of-way on all arterials consistent with the Maricopa County Major Streets and Routes Plan. 18. A construction traffic circulation plan shall be provided and approved by Maricopa County Department of Transportation prior to commencing construction. 19. Applicant shall employ appropriate procedures during construction to comply with Maricopa County dust control requirements. 20. This project is subject to the Arizona Pollutant Discharge Elimination System (AZPDES) requirements administered by the Arizona Department of Environmental Quality (ADEQ). 21. Development shall comply with all recommendations of MCDOT-approved Traffic Impact Statement. ff. The following Environmental Services Department stipulations shall apply to development of Zanjero Trails: 1. Prior to the approval of the first preliminary plat, comprehensive master plans for providing water and sewer services for this project shall be submitted to and approved by MCESD. 2. Prior to the approval of any final plat, plans for on-site and off-site water and sewer infrastructure, in accordance with the comprehensive master plan, shall be submitted to and approved by MCESD. gg. Prior to approval of the first Preliminary Plat, the following issues will need to be resolved acceptable to the Flood Control District in the Preliminary Drainage Report: 1. The Master Drainage Study is currently using the future conditions model assuming the White Tanks FRS #3 North Inlet Channel will be constructed. However, if this project is not constructed by the Flood Control District and Maricopa Water District, the Master Drainage Study will need to be updated to reflect the correct hydrology. This may cause the need for affected phases to be re-platted. 2. The drainage conveyance systems for the Master Plan will need to use the District’s Rational Method to estimate the flow. The HEC-1 model is not appropriate due to the size and shape of the development. 3. The White Tanks FRS #3 North Inlet Channel Project will generate the Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) application to FEMA. However, this will not be accomplished until after the channel along the Beardsley Canal is constructed, which is currently scheduled for completion in 2006. Prior to the CLOMR/LOMR, the properties located within the existing floodplain will need to elevate the finished floors one (1) foot above the encroached base flood elevation, and obtain a Floodplain Use Permit from the Regulatory Division of the Flood Control District or an acceptable temporary diversion structure. Formal Meeting Minutes Wednesday, December 12, 2018 Page 15 of 55 4. An additional floodplain has been delineated within the project area by the Flood Control District as part of the Perryville Road Study. This floodplain has not been submitted to FEMA because the White Tanks FRS #3 North Inlet Channel Project will eliminate this floodplain. However, this floodplain will have to be accounted for by the preliminary drainage report by elevating the properties one (1) foot above the encroached base flood elevation. These properties will also need a floodplain use permit if constructed before the completion of the White Tanks FRS #3 North Inlet Channel Project. 5. The master planned community will also need to address the current 545 cfs breakout flowing southeast of Beardsley Canal and Olive Avenue. This can be done by delineating the breakout, adjust the phasing of construction subsequent to LOMR acceptance by FEMA, providing a temporary dike to divert the existing breakout, or another solution acceptable to the Flood Control District. 6. Include all calculations for the designs in the appendices. 7. Include a digital copy of the drainage map that will include retention basin footprints, time of concentration paths, existing and proposed contours, and basin delineations. hh. There shall be no bougainvillea permitted in common area landscaping adjacent to equestrian or multi-use trails. ii. 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. jj. Drainage review of planning and/or zoning 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 the Drainage Regulation and design policies and standards. (C- 44-19-068-M-00) Motion to concur with the Planning Commission recommendation for approval subject to conditions ‘a’ – ‘jj’ by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo PZ-5. ZANJERO TRAILS Case #: Z2018059 Supervisor District: 4 Applicant /Owner: Stephen Anderson, Gammage & Burnham / Maricopa County Municipal Water Conservation District 1 Request: Zone change from C-2 CUPD PAD to R1-6 RUPD PAD & amend R1-6 RUPD standards for Parcel 34 Site Location: Generally located at the southeast corner of Jackrabbit Trail (195th Ave.) and Bethany home Rd., in the Buckeye planning area Commission Recommendation: On 11/8/18, the Commission voted 7-0 to recommend approval of Z2018059 subject to conditions ‘a’ – ‘o’: Formal Meeting Minutes Wednesday, December 12, 2018 Page 16 of 55 a. Development of the site shall comply with the Narrative and Zoning Exhibits entitled “Zanjero Trails”, consisting of 12 full-size sheet, and stamped received September 10, 2018, except as modified by the following conditions. b. All zoning conditions of approval shall remain in effect in the event of a change in the name of the Zanjero Trails master planned community. c. The R1-6 RUPD shall be subject to a Planned Area Development (PAD) Overlay Zone. Zoning district boundary lines shall be reflected on the subdivision plats or precise plan of development approvals. d. The following R1-6 RUPD standards shall apply to Parcel 34: 1. Height: 30’/ 2 stories 2. Front Yard: 20’ may be reduced to 10’ for side entry garages or forward living spaces 3. Side Yard: 5’ 4. Street-side Yard: 10’ 5. Rear Yard: 15’ 6. Lot Area: 5,175 sq. ft. 7. Lot Width: 45’ 8. Average Lot Area per Dwelling Unit – 6,500 sq. ft. 9. Lot Coverage: 55% for 45’ wide lots only 10. Parking Spaces: 2 11. Walls: 6’ (h) privacy wall w/max. 7’ column above a max. 3’ retaining wall 12. Maximum Height of Subdivision 6’ Monument: 10’ (h) Primary – 6’-8” Secondary 13. Maximum Subdivision Sign Area: 70 sq. ft. Primary - 24 sq. ft. Secondary e. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. f. All interior streets within the proposed development are to be constructed to minimum County standards. g. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. h. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. i. Prior zoning clearance or Final Plat approval, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District, servicing the site. j. 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. k. Variations to the development standards as indicated in the approved Unit Plan of Development (UPD) table may be varied by the Board of Adjustment in accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO). l. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the Formal Meeting Minutes Wednesday, December 12, 2018 Page 17 of 55 conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). m. 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 Zone Change as set forth in the Maricopa County Zoning Ordinance. n. 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. o. Applicant shall provide a traffic statement with each preliminary plat application that evaluates and confirms the assumptions and results of the approved Traffic Impact Analysis for Zanjero Trails. (C-44-19-069-M-00) Motion to concur with Planning Commission recommendation for approval subject to conditions ‘a’ – ‘o’ by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo PZ-6. TRILOGY AT VERDE RIVER UNIT 8A PHASE III Case #: S2018015 Supervisor District: 2 Applicant /Owner: HilgartWilson / Tegavah Construction, LP Request: Replat containing 11 residential lots and 1 tract in the R1-6 RUPD Residential Unit Plan of Development (RUPD) Planned Area of Development (PAD) zoning district Site Location: Generally located approximately 950’ northwest of the northwest corner of Verde River Way East and Rio Verde Drive, in the Rio Verde area Staff Recommendation: Approval (C-44-19-070-M-00) Motion to concur with Planning Staff recommendation for approval by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo PZ-7. ZANJERO TRAILS INFRASTRUCTURE PLAT Case #: S2017037 Supervisor District: 4 Applicant/Owner: HilgartWilson / Maricopa Water District Formal Meeting Minutes Wednesday, December 12, 2018 Page 18 of 55 Request: Replat of Parcels 35A, 36, and 37B for Infrastructure Plat to dedicate rights-of- way for 189th Ave. from Parcel 37B to Bethany Home Rd. and Bethany Home Rd. from Perryville Rd. to the Beardsley Canal. Site Location: Generally located just south of the southwest corner of Bethany Home Rd. and Perryville Rd. Staff Recommendation: Approval (C-44-19-057-M-00) Motion to concur with Planning Staff recommendation for approval by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo PZ-8. ZANJERO TRAILS PHASE 1C, PARCEL 35A PHASE 1 Case #: S2018009 Supervisor District: 4 Applicant/Owner: HilgartWilson / Maricopa Water District Request: Replat of Zanjero Trails infrastructure Plat Phase 1C - Parcel 35A Phase 1 containing 72 residential lots, and 2 tracts in the R1-6 RUPD zoning district Site Location: Generally located just south of the southwest corner of Bethany Home Rd. and Perryville Rd. Staff Recommendation: Approval (C-44-19-056-M-00) Motion to concur with Planning Staff recommendation for approval by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo PZ-9. ZANJERO TRAILS PHASE 1C, PARCEL 36 PHASE 1 Case #: S2018001 Supervisor District: 4 Applicant/Owner: HilgartWilson / Maricopa Water District Request: Replat of Zanjero Trails infrastructure Plat Phase 1C - Parcel 36 Phase 1 containing 50 residential lots, and 3 tracts in the R-2 RUPD zoning district Site Location: Generally located just south of the southwest corner of Bethany Home Rd. and Perryville Rd. Staff Recommendation: Approval (C-44-19-059-M-00) Motion to concur with Planning Staff recommendation for approval by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo PZ-10. ZANJERO TRAILS PHASE 1C, PARCEL 36 PHASE 2 Formal Meeting Minutes Wednesday, December 12, 2018 Page 19 of 55 Case #: S2018002 Supervisor District: 4 Applicant/Owner: HilgartWilson / Maricopa Water District Request: Replat of Zanjero Trails Infrastructure Plat - Phase 1C Parcel 36 Phase 2 containing 63 residential lots and 2 tracts in the R-2 RUPD zoning district Site Location: Generally located just south of the southwest corner of Bethany Home Rd. and Perryville Rd. Staff Recommendation: Approval (C-44-19-058-M-00) Motion to concur with Planning Staff recommendation for approval by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo PZ-11. ZANJERO TRAILS PHASE 1C, PARCEL 37B Case #: S2017035 Supervisor District: 4 Applicant/Owner: HilgartWilson / Maricopa Water District Request: Replat of Zanjero Trails Infrastructure Plat - Phase 1C Parcel 37B containing 58 residential lots and 4 tracts in the R1-6 RUPD zoning district Site Location: Generally located just south of the southwest corner of Bethany Home Rd. and Perryville Rd. Staff Recommendation: Approval (C-44-19-060-M-00) Motion to concur with Planning Staff recommendation for approval by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta Chairman Chucri asked the Clerk if there were any speakers for items 6.a. and 6.b. There were none. 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. Formal Meeting Minutes Wednesday, December 12, 2018 Page 20 of 55 a. PERSON AND LOCATION TRANSFER FOR FRY’S FOOD & DRUG #86 Pursuant to A.R.S. § 4-203, approve an application for a Person and Location Transfer of a Series 07 Liquor License from Leonard Pinuelas to Jeffrey Craig Miller for Fry’s Food & Drug #86 from 5055 West Ray Road Suit 2, Chandler, Arizona 85226 to 19403 North R H Johnson Boulevard, Sun City West, Arizona 85375. (AZ 36341) (Supervisorial District 4) (C-06-19-194-L-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo b. SPECIAL EVENT LICENSE FOR ROCKIN' THRU THE YEARS DANCE CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Nancy Belle Nixon for Rockin’ Thru the Years Dance Club at 14801 North 103rd Avenue, Sun City, Arizona 85351 to be held on Monday, December 31, 2018 from 7:30 pm to 12:00 am (Supervisorial District 4) (C-06-19-222-L-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo Chairman Chucri asked the Clerk if there were any speakers for items 7 through 11. There were none. 7. PUBLIC SERVICE FRANCHISE - LIBERTY UTILITIES (LITCHFIELD PARK WATER & SEWER) CORP. - RUSSELL RANCH SOUTH EXPANSION Pursuant to A.R.S. §40-283, convene the scheduled public hearing, to solicit comments and consider the application by Liberty Utilities (Litchfield Park Water & Sewer) Corp., for a public service franchise to provide waste water utility services to the residents of Russell Ranch South, generally located between Perryville Road and 183rd Avenue north of Camelback Road and south of the existing Savannah subdivision residing in Maricopa County near the city limits of City of Litchfield Park. The hearing will also consider whether the applicant is able to adequately maintain facilities in county rights-of-way. Upon Board approval, authorize the Chairman to sign the Franchise Resolution. (Supervisory District No 4). (C-06-19-169-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 8. PUBLIC SERVICE FRANCHISE - LIBERTY UTILITIES (LITCHFIELD PARK WATER & SEWER) CORP. – LUKE LANDING & LUKE LAND 58 Pursuant to A.R.S. §40-283, convene the scheduled public hearing, to solicit comments and consider the application by Liberty Utilities (Litchfield Park Water & Sewer) Corp., for a public service franchise to provide domestic water and waste water utility services to the residents of Luke Landing & Luke Land 58, generally located between El Mirage Road and Dysart Road north of Glendale Avenue residing in Maricopa County near the city limits of City of Glendale. The hearing will also consider whether the applicant is able to adequately maintain facilities in county rights-of-way. Upon Board approval, authorize the Chairman to sign the Franchise Resolution. (Supervisory District No 4). (C-06-19-170-7-00) Formal Meeting Minutes Wednesday, December 12, 2018 Page 21 of 55 Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 9. PUBLIC SERVICE FRANCHISE – EPCOR WATER ARIZONA INC. Pursuant to A.R.S. §40-283, convene the scheduled public hearing, to solicit comments and consider the application by EPCOR Water Arizona Inc., for a public service franchise to provide domestic water and waste water utility services to the residents of Anthem, Sun City Tierra Del Rio, NE Agua Fria, Sun City, Sun City West, Agua Fria, Luke 303 Wastewater, Russell Ranch, Verrado, Chaparral and Paradise Valley, residing in Maricopa County. The hearing will also consider whether the applicant is able to adequately maintain facilities in county rights-of-way. Upon Board approval, authorize the Chairman to sign the Franchise Resolution. (Supervisory District No 2,3,4). (C-06-19-171-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 10. DEANNEXATION FROM TOWN OF GILBERT AND ANNEXATION TO CITY OF CHANDLER Pursuant to A.R.S. § 9-471.02, convene the scheduled public hearing regarding ordinances filed to deannex approximately 4.2518 acres of Cooper Road right-of-way, generally located between Knox Road and Galveston Street from the Town of Gilbert (Ordinance No. 2656) and annex to the City of Chandler (Ordinance No. 4822). Upon determining that the statutory requirements have been satisfied and upon the holding of the public hearing, order that the territory be deannexed from the Town of Gilbert and that the same territory be annexed to the City of Chandler as specified in the two ordinances. (Supervisorial District 1). (C-06-19-172-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 11. DEANNEXATION FROM TOWN OF GILBERT AND ANNEXATION TO TOWN OF QUEEN CREEK Pursuant to § A.R.S. 9-471.02, convene the scheduled public hearing regarding ordinances filed to deannex a 0.1633 acre parcel located at Ocotillo Road and Power Road from the Town of Gilbert (Ordinance No. 2626) and annex to the Town of Queen Creek (Ordinance No. 671-18). Upon determining that the statutory requirements have been satisfied and upon the holding of the public hearing, order that the territory be deannexed from the Town of Gilbert and that the same territory be annexed to the Town of Queen Creek as specified in the two ordinances. (Supervisorial District 1). (C-06-19-186-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 12. IMPACT STATEMENT HEARING FOR THE PROPOSED VENTURA MANOR IRRIGATION WATER DELIVERY DISTRICT Formal Meeting Minutes Wednesday, December 12, 2018 Page 22 of 55 Pursuant to A.R.S. § 48-261 and § 48-263, convene the scheduled public hearing on the impact statement for the proposed Ventura Manor 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 48 of VENTURA MANOR, a Subdivision of the Northwest Quarter of the Southwest Quarter of Section 31, 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 30 of Maps, Page 43. (Supervisorial District 3) (C-06-19-158-M-00) Chairman Chucri asked if there were any speakers present for item 12. The Clerk responded there were two speakers registered to speak in favor of the item. Samuel Kelsall IV, resident in favor, has lived in the Ventura Manor District with his family for 52 years. He spoke of the history of the subdivision, which dates to 1940, noting the irrigation system was installed at that time. He spoke of the expenses pertaining to maintaining the system and the utility interface. Mr. Kelsall said the neighborhood consists of generations of families. Ted Kaercher, resident in favor, has lived in the Ventura Manor District for 34 years. He spoke of the financial impacts of maintaining the irrigation system. He said it is an aging system and anticipates future repairs. He said he approves of the irrigation water delivery district as it will allow funds to accumulate for repairs rather than burden residents with requests for funds to fix emergency repairs. He thanked the Board for their assistance on the formation of the district. Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 13. PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED COLLEGE PARK WEST 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 College Park West Irrigation Water Delivery District, as they have been determined to be signed by a majority of the owners of the acreage within the proposed district. Pursuant to A.R.S. § 48-3424, any land owner within the boundaries of the proposed district may appear and object to the organization thereof, or to the inclusion of the land owners property therein. The Board will hear and consider all comments in favor or against the organization of the district and decide whether to approve or reject the organization of the district within the boundaries proposed in the petition or with modified boundaries. If the Board decides to proceed with the organization of the district, the Clerk is directed to publish a notice and post copies of the notice describing the boundaries of the proposed district and fix a date of January 2, 2019, a date not less than 20 days after the publications and postings are completed. Formal Meeting Minutes Wednesday, December 12, 2018 Page 23 of 55 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: James Roundy Nick Oliver Debra McCoy Lots 699 through 746 of COLLEGE PARK COUNTRY ESTATES UNIT 4, a Subdivision of the Southeast Quarter of the Southwest Quarter of Section 6, Township 1 South, Range 6 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 184 of Maps, Page 11; TOGETHER WITH Lot 1 of GILBERT CHRISTIAN CHURCH, being a portion of the Southwest Quarter of Section 6, Township 1 South, Range 6 East, of the Gila and Salt River Base and Meridian according to the Map of Dedication in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 335 of Maps, Page 47. The district consists of 32.139 acres. (Supervisorial District 2) (C-06-19-207-M-00) Chairman Chucri asked if there were any speakers for item 13. The Clerk responded Debra McCoy, resident, was registered in favor of item 13 and available to speak if necessary. Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo Parks and Recreation 14. ARIZONA PUBLIC SERVICE COMPANY UTILITY EASEMENT AT BUCKEYE HILLS REGIONAL PARK Convene a scheduled public hearing, to solicit comments and consider the approval to grant 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 portions of the County’s properties known as APN, 401- 04-034, 401-04-038, 401-04-033, 401-90-007, 401-90-008, 401-90-009, 401-90-010, 401- 90-001, 401-90-002, 401-90-005, 401-90-011; 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 to Buckeye Hills Regional Park and will energize the General Joe Foss Public Shooting Range as well as the Maricopa County Sheriff’s Office Training Range and related water utilities. 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). In adherence with the Maricopa County Park Land Disposal Policy and Procedure (Policy A2610), public hearings were held on October 8, 2018, and October 16, 2018. No public comments were received. In addition, this utility easement provides electricity for the benefit and support of park lands, therefore there is no compensation received from APS. Formal Meeting Minutes Wednesday, December 12, 2018 Page 24 of 55 The Parks and Recreation Advisory Commission at their October 16, 2018, regular meeting voted unanimously to recommend the easement be set for a public hearing and be subsequently approved by the Board of Supervisors. THIS ITEM REQUIRES THE UNANIMOUS CONSENT OF THE BOARD. (C-30-19-008-M- 00) Motion to approve by roll call vote by Supervisor Gallardo, seconded by Supervisor Hickman Supervisor Hickman thanked R.J. Cardin and Reid Spaulding for their work on the project. The range is used by both public and the Sheriff’s Office. He spoke of the lack of utilities and use of generators at the facility. Supervisor Gallardo thanked staff for their work and partners for their involvement on the item. The Clerk called the roll with the following result: Ayes: Chucri, Gates, Barney, Hickman, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Clerk of the Court - Secretario de la Corte 15. APPOINTMENTS Pursuant to A.R.S. § 12-283, approve the official appointment of the following deputies, clerks, and assistants of the Clerk of the Superior Court. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231. Effective October 22, 2018 Sparkle T. Herring, Deputy Clerk Adrianna Villela, Deputy Clerk Lizette Gallardo, Deputy Clerk Effective November 5, 2018 Yanica Monique Wilson, Deputy Clerk India Nechele Bridges, Deputy Clerk Cristina Toledo Aniceto, Deputy Clerk Amanda Rose Roberts, Deputy Clerk Effective November 19, 2018 Korenna Lorraine Tessier-Pothier, Deputy Clerk The Clerk of the Superior Court, pursuant to A.R.S. § 12-283, and in accordance with procedures established by the Board of Supervisors, may appoint deputies, clerks, and assistants. Further, the appointment shall be in writing. (C-16-19-006-9-00) Formal Meeting Minutes Wednesday, December 12, 2018 Page 25 of 55 Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo County Attorney - Procurador del Condado 16. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE - COUNTY ATTORNEY Pursuant to A.R.S. § 11-409, approve the official appointment of the following deputies and assistants of the Maricopa County Attorney. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231. September 24, 2018 Jessica Garcia - Legal Support Specialist November 5, 2018 Joann Sands - Systems & Network Admin Supervisor Christina Laing - Legal Support Supervisor Yvonne Nunez - Legal Support Specialist Rebecca Bendinelli - Legal Support Clerk Luis Figueroa - PC/LAN Technician Ryan Hernandez - Legal Support Assistant Noemi Santiago - Advocate Debra Shinabarger - Legal Support Assistant November 19, 2018 Rachael Bollig - Attorney Cynthia Thomas - Attorney Andrea Prigmore - Attorney Christabel Tan - Attorney Seema Kassab - Attorney Catherine Fu - Attorney Alexander Christensen - Attorney Amanda Petersen - Attorney Alexander Vanscoy - Attorney Elizabeth Schmitt - Attorney Nashly Horn - Attorney Zachary Graham - Attorney Mark White - Attorney Grace Ku-Richards - Diversion Program Contract Compliance Administrator Selma Beathea - Legal Support Specialist Cali Storer - Paralegal The County Attorney is an Officer of the County, as enumerated in A.R.S. § 11-401, and pursuant to A.R.S. § 11-409, such an enumerated County Officer may appoint deputies and assistants with the consent of the Board of Supervisors. (C-19-19-029-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 17. NATIONAL CRIMINAL HISTORY IMPROVEMENT PROGRAM (NCHIP) GRANT FROM THE ARIZONA CRIMINAL JUSTICE COMMISSION Approve receipt of grant funds from the Arizona Criminal Justice Commission (ACJC) for Formal Meeting Minutes Wednesday, December 12, 2018 Page 26 of 55 the National Criminal History Improvement Program in the amount of $218,809.00. These grant funds are provided to enhance efforts to improve criminal history records and information. This grant agreement, ACJC number NCP 18-20-001, will commence on January 1, 2019 and will terminate on December 31, 2020. In accordance with the agreement, page 6, paragraph 35, these funds will not be used for any indirect or administrative costs that may be incurred by the Maricopa County Attorney’s Office or Maricopa County for the administration of this grant. Thus, the grant allows a 0% rate for indirect costs, or $0 that may be incurred for the administration of this grant. The Maricopa County Attorney’s Office FY 2019 composite indirect cost rate is 13.5%, or $29,539.22. The recoverable indirect cost of administering this grant is $0 and the non- recoverable indirect cost is $29,539.22. Non-recoverable indirect costs will be covered by the departmental general fund budget. This grant is competitive and does not require on- going cash contributions after the grant period end date. Authorize the Chairman of the Board of Supervisors, or designee, to sign all documents related to this award. Grant revenues are not "local revenues" for the purpose of the constitutional expenditure limitation, and therefore expenditure of the funds is not prohibited by the budget law. This award agreement is in the amount of $218,809.00 in Federal dollars under CFDA 16.554 awarded to the Arizona Criminal Justice Commission by the U. S. Department of Justice. This grant requires a 10 percent match, which the County Attorney can provide through the salary and benefits of various personnel, totaling $24,312.00. The total project cost is $243,121.00. These funds are used to support mandated services to reduce the agency’s backlog of arrest disposition records. This grant is a one-time award with no expectation of continued funding. However, the County Attorney’s Office has received funding under this grant program since 2009. This grant will expire at the end of the award period unless prior written approval for an extension has been obtained from the Arizona Criminal Justice Commission. Payment of these grant funds are conditioned upon the availability of funds appropriated for the payment of such obligation. (C-19-19-031-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 18. GRANT FUNDS FROM BUREAU OF JUSTICE ASSISTANCE Approve receipt of grant funds from the Bureau of Justice Assistance through the National Sexual Assault Initiative program in the amount of $1,500,000. These funds are to provide resources for the follow up investigation and prosecution related to the testing of backlogged sexual assault kits (SAKs) in the possession of law enforcement agencies in Maricopa County, to implement protocols for the investigation and prosecution of sexual assaults, and to promote strategies to permanently eliminate a backlog of untested SAKs in Maricopa County. This grant agreement will commence retroactively on October 1, 2018 and terminate on September 30, 2021. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The grant does not allow for indirect costs for which the County is eligible. The Maricopa County Attorney's Office's composite indirect cost rate for FY19 is 13.5%, or $202,500. The recoverable indirect cost of administering this grant is $0; the non-recoverable indirect cost is $202,500. Non-recoverable indirect costs will be covered by the departmental general fund budget. This grant is competitive and does not require a match or on-going cash contributions after the grant period end date. Pursuant to A.R.S. §42-17106, approve appropriation adjustment(s) resulting in a net Formal Meeting Minutes Wednesday, December 12, 2018 Page 27 of 55 increase to revenue and expenditures of $91,679 in FY 2018-2019 County Attorney (D190) Grants Fund (219) Operating (1000) budget. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of these revenues is not prohibited by the budget law. This request does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The Maricopa County Attorney’s Office was previously awarded two grants from the Bureau of Justice Assistance through the National Sexual Assault Initiative program for the testing of backlogged SAKs in the possession of law enforcement agencies in Maricopa County and to provide some resources to coordinate the project and investigate and prosecute sexual assault offenders. The current grant award of $1,500,000 will be used in conjunction with the previous grant awards to achieve the overall goals of the National Sexual Assault Initiative program. These funds are used to support mandated services to test all sexual assault kits, conduct investigations and prosecute offenders. This grant is a one-time award with no expectation of continued funding. (C-19-19-030-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 19. 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 $13,060 for Other Capital Expenditures- Construction. 2) Increase the expenditure authority in the County Attorney (D190) RICO (213) Non- Recurring, Non-Project (NRNP) budget by $21,000 for Training and Conferences. 3) Increase the expenditure authority in the County Attorney (D190) RICO (213) Non- Recurring, Non-Project (NRNP) budget by $20,000 for Other Operating Expenses – Software. 4) 1) Increase the expenditure authority in the County Attorney (D190) RICO (213) Non- Recurring, Non-Project (NRNP) budget by $30,000 for Other Operating Expenses – Equipment Maintenance. 5) Decrease the expenditure authority for the Non Departmental (D470) Non Departmental Grants Fund (249) Non Recurring Non Project (NRNP) by $84,060. The County Attorney has identified initiatives that will enhance the public’s safety. These projects are of a one-time nature and will be resolved by the end of the 2018-2019 fiscal year. The County Attorney proposes to utilize $84,060 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 Formal Meeting Minutes Wednesday, December 12, 2018 Page 28 of 55 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-19-19-032-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo Sheriff - Alguacil 20. ADMINISTRATIVE CORRECTION REGARDING ONE-TIME ADDITIONS TO FLEET Correct the action taken on November 7, 2018 under agenda item C-50-19-031-V-00 regarding one-time additions to fleet of abandoned vehicles. The year of vehicle number 2. Pace Box Trailer, originally listed as 2013, should be corrected to 2000. (C-50-19-031-V- 01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 21. ACCEPTANCE OF FUNDING FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM Approve acceptance of Supplement #2 in the amount of $99,189.60 to the Grant Award with the Office of National Drug Control Policy (ONDCP) Award Number G18SA0005A, for the High Intensity Drug Trafficking Area (HIDTA) Program. This supplement the Maricopa County Sheriff’s Office HIDTA MCDST CY18 award amount from $362,315 to $461,504.60. The term of this funding, January 1, 2018 to December 31, 2019, is unchanged. The HIDTA Program is sponsored/funded by the Office of National Drug Control Policy (ONDCP). This funding is recurring and has been awarded to the Sheriff’s Office since 1998. The Sheriff Office indirect rate for FY19 is 18.3%. The recoverable amount for indirect costs is zero; the non-recoverable cost is $18,151.70, to be absorbed by the General Fund. There is no matching requirement and there are no future or ongoing contributions required after the grant period ends. This is a non-competitive award. Funding will be used for overtime, equipment and supplies to support the Sheriff’s public safety mandate through efforts to reduce illegal drug use with the interruption of drug trafficking. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. This funding represents a reprogramming of HIDTA funding from the City of Tucson to the Maricopa County Sheriff's Office and is designated to: 1) fund personnel, 2) procure a canine, and 3) procure cell phones for members of the HIDTA task force. These grant funds support and enhance activities in accordance with the approved ONDCP HIDTA Program Policy and Budget Guidance (PPBG). (C-50-18-056-G-02) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 22. COMPETITION IMPRACTICABLE WITH SILVUS TECHNOLOGIES Approve a competition impracticable procurement with Silvus Technologies in the not-to- Formal Meeting Minutes Wednesday, December 12, 2018 Page 29 of 55 exceed amount of $35,700 for a one-year period. Silvus Technologies is the only company with compatible equipment to existing equipment that has been installed in MCSO helicopters (MIMO) that will facilitate the transmission of video surveillance from MCSO helicopters by providing a means to power, stabilize, monitor, control and record surveillance footage in the most demanding environments. This will be funded within the Sheriff's Office budgeted General Fund (100). (C-50-19-036-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 23. APPROPRIATION TRANSFER Pursuant to A.R.S. §42-17106B, authorize the following not-to-exceed transfer of expenditure authority within the FY 2019 budget: a) Decrease the expenditure authority in the Non Departmental (D470) Detention Fund (255) Non Recurring Non Project (NRNP) budget line "MCSO Bull System Maintenance" (4711) by an amount not-to-exceed $1,338,249 and b) Increase the expenditure authority in the Sheriff’s Office (D500) Detention Fund (255) Non Recurring Non Project (NRNP) budget by an amount not to exceed $1,338,249 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 not-to-exceed expenditure appropriation increase will allow the Sheriff’s Office to fund the extension of the maintenance of the current jail management information system (Bull system) through the end of FY 2019. A new jail management information system is being implemented and the current system will need to be maintained until the implementation is complete. If at year-end, the MCSO Detention Fund budget savings are not sufficient to support this additional expenditure, budget expenditure authority will be transferred up to the amount of the approved transfer. (C-50-19-038-2-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 24. M.A.S.H. UNIT CASH AND NON-CASH DONATION Accept cash donations designated for the Sheriff’s Animal Safe Haven (MASH) that were $250 or greater from the month of October 2018 as follows: Elk Smith, $500; Kathleen Maffei, $300; Cora Bronstein, $500; Gayle Drennan, $500; Barret Myers, $335; Michael D. McLaughlin, $300; Marie Peck and Fetch Foundation, $250; Law Offices of Scott M Clark, PC, $250; Jack C and Eleanor I. Tuerk, $1,000; and Erica Eustace, $550. The total value of these cash donations is $4,485. Also accept non-cash donations designated for the Sheriff’s Animal Safe Haven (MASH) that were $1,000 in value or greater from the month of October 2018 as follows: Vanessa Van Wyk--cans, pillow beds, treats roped toys, and plush toys valued at $2,684; Rainbow Valley Animals Search and Rescue, cat litter, cat food and dog food valued at $1,255; Max and Neo Dog Gear--bowls, leash, and martingales (90 items) valued at $1,299; Michele Schirru--litter, kitten food, oatmeal shampoo and 15 Karanda beds valued at $1,485; Arizona Animal Rescue Mission (c/o Lisa Klimczak)—50 Karanda beds, 50 large dog bowls, 25 large bags of cat litter valued at $3,300. The total value of these non-cash Formal Meeting Minutes Wednesday, December 12, 2018 Page 30 of 55 donations is $10,023. (C-50-19-039-D-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 25. ADMINISTRATIVE CORRECTION REGARDING IGA WITH CITY OF CHANDLER FOR DETENTION ACADEMY Correct the action taken on November 28, 2018 under agenda item C-50-19-035-3-00 regarding IGA with City of Chandler for Detention Academy. The term originally listed as September 1, 2018 until June 30, 2020 should be corrected to September 1, 2018 until August 31, 2019. (C-50-19-035-3-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 26. TRANSFER OF RED LINED PATROL VEHICLE TO FRANKLIN POLICE AND FIRE HIGH SCHOOL Per A.R.S. § 11-251 (9) approve granting without public auction the sale and transfer to the Franklin Police and Fire High School County vehicle #321217, a red-lined 2012 Chevrolet Tahoe with approximately 125,000 miles plus the light bar emergency lights, center console, sire, siren controller, push bar, and prisoner cage in consideration of one dollar ($1.00). Franklin Police and Fire High School is one of eighteen high schools in the Phoenix Union High School District. It prepares students for careers in law enforcement and firefighting/emergency medical services. The curriculum includes traffic stops in a training environment. This item requires unanimous consent of the Board. This equipment would provide a realistic and effective training tool for Franklin Police and Fire High School. This is a unique opportunity to engage students and expose them to the MCSO brand. This action is expected to enhance recruitment of future deputy and detention officer candidates. The long-term value to Maricopa County of this action is expected to exceed the value of the forfeited auction proceeds that are estimated to be between $8,000 and $10,000. (C-50-19-037-M-00) Motion to approve by roll call vote by Supervisor Barney, seconded by Supervisor Hickman The Clerk called the roll with the following result: Ayes: Chucri, Gates, Barney, Hickman, Gallardo School Superintendent - Superintendente de Escuelas 27. SCHOOL DISTRICT BOUNDARIES TRANSCRIPT Pursuant to A.R.S. §15-442, accept the filing of the transcript of the boundaries for each school district within Maricopa County, as submitted by the Maricopa County School Superintendent. The boundaries reflected in the transcript shall remain the legal boundaries of the districts until changed and filed as provided by law. The transcript of the Formal Meeting Minutes Wednesday, December 12, 2018 Page 31 of 55 school district boundaries is on file in the Office of the Clerk of the Board of Supervisors and retained in accordance with LAPR approved retention schedule. (C-37-19-003-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo Treasurer - Tesorero 28. OFFERS ON PREVIOUSLY OFFERED TAX DEEDED LAND PARCEL 143-37-075 Pursuant to A.R.S. § 42-18303, consider the two cash offers, or any additional cash bids which may be offered at the Board meeting, on the following Tax Deeded Land parcel. A.R.S.§42-18303 allows the county to sell property in the county held by the State by tax deed to the highest bidder for cash. Parcel Number – 143-37-075 Date Previously Offered – April 2018 Offer #1 Purchaser / Name for the Deed – Leonard Dyer dba Fresh Home Resolution, LLC Amount of Offer – $125.00 Offer #2 Purchaser / Name for the Deed – Naser Pakzadeh Amount of Offer -- $320.00 If the Board accepts one of the two offers on the subject property, direct the Treasurer’s Office accept payment and prepare the Quit Claim Deed to convey the property to winning bidder and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42- 18303(C), the proceeds of the winning bid shall be paid to the county treasurer. After deducting and distributing interest, penalties, fees and costs charged against the parcel, the treasurer shall apportion the remainder according to ARS 42-18303(C). If no bid is accepted by the Board, direct the Treasurer’s Office to refund all monies. The subject property lies within Supervisorial District 5. Crossroads are N. 59th Ave and W. Glendale Ave. (C-43-19-020-M-00) There were no additional bids. Motion to approve Offer #2 from Naser Pakzadeh in the amount of $320.00 by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo JUDICIAL BRANCH - PODER JUDICIAL Justice Courts - Tribunales de Justicia 29. APPOINTMENT OF JUSTICE OF THE PEACE PRO TEMPORE FOR JUSTICE COURTS IN MARICOPA COUNTY Pursuant to A.R.S. § § 22-121, approve the appointment of the following individual as a Pro Tem Justice of the Peace for the period January 1, 2019 through December 31, 2019: Formal Meeting Minutes Wednesday, December 12, 2018 Page 32 of 55 Fred Arnett (C-24-19-004-9-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn 30. REVISIONS TO ARIZONA@WORK MARICOPA COUNTY LOCAL WORKFORCE DEVELOPMENT AGENCY STRATEGIC PLAN FOR 2016-2020 Approve revisions to the ARIZONA@WORK Maricopa County Local Workforce Development Agency (LWDA) Strategic Plan for 2016-2020. The revised Plan includes a full update to Section 1 of the nine-part Plan: the revisions provides regional economic condition analysis and influences strategic planning of the Maricopa County Workforce Development Board (MCWDB), changes were needed due to factors such as local area characteristics, population and demographic data as well as in- demand growth, labor market rankings. WIOA requires each Workforce Development Board, in partnership with the local Chief Elected Official (CEO), to develop and submit to the state a comprehensive four-year plan. The initial LWDA four-year plan (July 1, 2016 to June 30, 2020) (C-22-17-033-M-00) was submitted in November 2016 and provides a framework of the LWDA goals and strategies to fulfill the mission and vision of WIOA. The revised Plan was release for public comment for a thirty (30) day period which began on October 17, 2018 through November 16, 2018. No public comments were received. Maricopa County, exclusive of the City of Phoenix, is a designated LWDA under the federal Workforce Innovation and Opportunity Act (WIOA). As a designated LWDA, services are administered by the Maricopa County Human Services Department, Workforce Development Division, ARIZONA@WORK Maricopa County. WIOA services include career and training opportunities, to adults, youth, and employers to meet the needs of workforce development in the local area. The ARIZONA@WORK Maricopa County Local Workforce Development Agency (LWDA) Strategic Plan for 2016-2020 supports the alignment strategy described in the Arizona State Plan in accordance with WIOA Section 102(b)(1)(E), and otherwise is consistent with the Arizona State Plan. Maricopa County Workforce Development Board (MCWDB) shall comply with WIOA Sections 106(c) and 108 in the preparation and submission of the Plan. The nine distinct sections of the Plan cover analysis, goals and strategies, workforce system partners, access, employer engagement in coordination with economic development, program service delivery, performance and continuous improvement, as well as complaint and grievance procedures. Supervisor District: All (C-95-19-006-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo Formal Meeting Minutes Wednesday, December 12, 2018 Page 33 of 55 COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Animal Care and Control Services - Servicios de Control y Cuidado de Animales 31. OCTOBER MONETARY DONATIONS OVER $250 Accept the unrestricted monetary donations totaling $7,081.55 for the care of the animals. 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-79-19-055-D-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 32. DONATION FROM ANONYMOUS DONOR Accept the unrestricted monetary donation in the amount of $254,035.06 bequeathed by a donor who asked to remain anonymous. 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-79-19-056-D-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 33. DONATION FROM THE BISSELL PET FOUNDATION FOR SPONSORED ADOPTION FEES Accept the restricted monetary donation in the amount of $12,242 from the Bissell Pet Foundation for use in sponsoring the adoption fees of 154 shelter animals. 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-79-19-057-D-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 34. DONATIONS FROM ONE LOVE PIT BULL FOUNDATION FOR ADOPTION FEES Accept the restricted monetary donations from One Love Pit Bull Foundation of $3,801 and $1,050, for a total of $4,851, in sponsorship of adoption fees for 223 shelter animals. Donation funds are not local revenues for the purpose of the constitutional expenditure Formal Meeting Minutes Wednesday, December 12, 2018 Page 34 of 55 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-79-19-059-D-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 35. DONATION FROM TWO PUPS WELLNESS FUND FOR MICROCHIPS Accept the restricted monetary donation of $1015 from Two Pups Wellness Fund, through the Arizona Community Foundation, for the sponsorship of microchips for dogs returned to their owners. 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-79-19-060-D-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 36. ONE-TIME ADDITION TO FLEET Approve a one-time addition to the fleet of an animal transport vehicle, the value of which is not to exceed $25,000. This vehicle will be used to transfer animals between the East and West shelters, as well as transport animals out of the county. This is a one-time vehicle purchase using restricted donation funds approved by the Board on October 24, 2018 (C- 79-19-046-D-00). No general fund monies will be used for the purchase of this vehicle. This vehicle will be retired at the end of its useful life. Annual operating and maintenance costs are estimated to be $3,000 and will be funded by donation and fee revenue in the Animal Control License/Shelter Fund 572. (C-79-19-058- V-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo Budget Office - Oficina de Presupuestos 37. FY 2019 BUDGET ADJUSTMENT FOR LEGAL COSTS Pursuant to A.R.S. 42-17106(B), approve the following transfers for expenditure authority in FY 2019: 1. Increase the FY 2019 expenditure authority for the Non Departmental (D470) Detention Fund (255) Graves Non Recurring (GRV1) in the line “Graves v. Arpaio Legal Costs” (4712) by $300,000. 2. Decrease the FY 2019 expenditure authority for the Non Department (D470) Detention Fund (255) Non Recurring (NRNP) in the line “Unreserved Contingency” (4711) by $300,000. These actions will have a County-wide impact of zero and they do not alter the budget Formal Meeting Minutes Wednesday, December 12, 2018 Page 35 of 55 constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Approval of this action will provide the additional funding needed for legal costs related to the Graves lawsuit. (C-49-19-007-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo Finance - Finanzas 38. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 11/09/2018 through 11/22/2018, 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-06-19-215-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo Human Resources - Recursos Humanos 39. AMEND PREMIUM PAY RATES Amend the Maricopa County Premium Pay Rates. Human Resources recommends creating an Emergency Dispatch Acting Supervisor Differential for Emergency Dispatchers assigned to serve as acting supervisors. This differential is designed to incentivize dispatchers to cover during supervisor absences. (C-31-19-022-6-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo Human Services - Servicios Humanos 40. AMENDMENT TO LEASE AGREEMENT WITH HOUSING FOR HOPE, INC Approve and authorize the Chairman to execute non-financial Amendment No. 6 to Lease Agreement L-7410 with Housing for Hope, Inc., as successor in interest to Community Asset Resource Enterprise (CARE) Partnership to make specific improvements to the playground area. The purpose of this amendment is to memorialize the improvements to resolve playground surface issues at a Head Start location site. The Human Services Department, Head Start Program (HSD) received grant funds (09CH010385-03-02) to make improvements to the playground area (C-22-16-011-G-09). The improvements will ensure the Head Start program continues to meet mandated Head Start program requirements. The playground improvements are grant funded at no cost to the County. This Lease will expire September 30, 2019. Supervisory District: 2 (C-22-10-044-1-07) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, December 12, 2018 Page 36 of 55 Ayes: Chucri, Gates, Barney, Hickman, Gallardo Procurement Services - Servicios de Adquisiciones 41. AIRCRAFT AIRFRAME, ENGINE, AVIONICS, SHOP SUPPLIES & GENERAL HELICOPTER/AIRCRAFT PARTS & SERVICES (190142-S) Approve the contract for award at an estimate of $1,500,000.00 over two (2) years until December 31, 2020 with three (3) one-year renewal options. The effective date of the contract will be January 1, 2019. The purpose of the contract is to provide to Maricopa County aircraft parts, accessories & repair services that are FAA certified as required for the Maricopa County Sheriff’s Office aircraft and helicopter fleet. It is requested by the MCSO that the Board of Supervisors approve the subject award to the Multiple Award as recommended. (C-73-19-013-3-00) Able Aerospace Services Aeromaritime America Inc. Aero Products Component Services Aviall Services Inc. Dallas Airmotive, Inc. Hangar One Avionics Heliponents Inc. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 42. ORACLE PRODUCTS AND SERVICES (180233-RFP) Approve the contract for award at an estimate of $1,000,000 for five years until November 30, 2023 with five one-year renewal options. The effective date of the contract will be December 12, 2018. The purpose of the contract is to provide a purchasing agreement for the acquisition of Oracle products and services. It is requested by the OPS that the Board of Supervisors approve the subject award to the Most advantageous as recommended. (C-73-19-012-3-00) DLT Solutions LLC Mythics, Inc. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo Public Health - Salud Pública 43. AMENDMENT TO IGA WITH ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY FOR ECONOMIC ANALYSIS Approve an Amendment No. 2 to IGA between Arizona Board of Regents (ABOR), a body corporate, for and on behalf of Arizona State University (ASU) and Maricopa County by Formal Meeting Minutes Wednesday, December 12, 2018 Page 37 of 55 and through its Department of Public Health (MCDPH), Office of Epidemiology, to fund and establish a program for economic analysis. The amendment amount is $35,000, for an aggregate not-to exceed amount of $105,000, for the budget period February 1, 2019 through January 31, 2020. Also, this amendment also includes an up-dated Exhibit A to establish payments for each month. All other terms and conditions of the original Agreement and its amendments shall remain in full force and effect. This Intergovernmental Agreement was procured under Section MC1-1001 of the Maricopa County Procurement Code. (C-86-17-045-3-02) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 44. AMENDMENT TO COMBINED IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HEALTHY PEOPLE HEALTHY COMMUNITIES Approve Amendment No. 8 to Intergovernmental Agreement (IGA) Combined Fixed Price Contract (No. ADHS16-102232) between Arizona Department of Health Services (ADHS), Healthy People Healthy Communities and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for the Tobacco, Health in Arizona Policy Initiative – Chronic Disease (HAPI-CD), Healthy Arizona Worksite Program (HAWP), Preventive Health and Health Service (PHHS) block grant, Teen Pregnancy Prevention (TPP), and Maternal and Child Health (MCH). This grant funds work to promote county- wide health changes and maximize the public health impact. The Price Sheet is for a total not-to-exceed amount of $3,804,340.00, of which $245,250 is additional funds for the budget period July 1, 2018 through June 30, 2019. This funding covers the final 3 quarters of the budget period for programs within the Preventive Health and Health Services Block Grant. The Healthy People, Healthy Communities grant award is in its first 5 year term, ending June 30, 2020, and is anticipated to be reoccurring. There is no cash or in-kind match required. The grant award is non-competitive and on-going contributions are not required. Though not mandated, services are a benefit to citizens of Maricopa County by providing interventions for Healthy Communities with policy, systems and environmental approaches that shape the communities in which we live. Healthy People are interventions at the individual level, targeting individual behavior and promoting healthy choices. MCDPH’s indirect rate for FY2018-19 is 18.9%. The PHHS Block Grant deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect costs reimbursement. $22,295.00 indirect is recoverable, while $19,843.00 is not recoverable and will be subsidized by the MCDPH indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. 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-86-15-112-3-09) Formal Meeting Minutes Wednesday, December 12, 2018 Page 38 of 55 Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 45. AMENDMENT TO LEASE AGREEMENT L-7444 WITH A NEW LEAF, INC FOR WIC CLINIC Approve and authorize the Chairman to execute Amendment No. 1 to Lease Agreement L- 7444 with A New Leaf, Inc., as successor in interest to The Prehab Foundation, Inc., (C-86- 14-055-1-01) for County use of approximately 5,000 square feet of office and clinic space for WIC and Immunization facility at 635 East Broadway Road, Mesa, AZ 85204. The current 5-year term expires 12-31-2018. If approved, the new lease term will commence 1-1-2019 and expire 12-31-2023. The lease rate will increase from $10.50/sf to $12.00 per square foot plus rental tax. Utilities and maintenance are Lessor paid. There is a one-time fee for shared cost of signage to the property of up to $3,500 that will be pro- rated over 24 months. The County may terminate the lease for non-appropriation of funds at any fiscal year end or by giving 90-days prior written notice to terminate. (C-86-14-055- 1-02) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 46. AMENDMENT TO DATA USE AGREEMENT WITH CHILDREN’S HOSPITAL CORPORATION D/B/A BOSTON CHILDREN’S HOSPITAL Approve Amendment No. 1 to non-financial Data Use Agreement (Agreement) for Research between Children’s Hospital Corporation d/b/a Boston Children’s Hospital (BCH) and Maricopa County by and through its Department of Public Health (MCDPH), Disease Control, will extend this Agreement for two additional years and provide for access to anonymized data collected by Boston Children’s Hospital. Also, this Agreement shall be effective upon signature by all parties and shall remain in effect for two (2) years from the effective date. All other terms and conditions from the original Agreement still apply. The Office of Epidemiology routinely requests and receives data from hospitals and healthcare providers in the course of disease investigations. (C-86-18-040-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 47. AMENDMENT TO LEASE AGREEMENT L-7466 WITH WITH VEDRES FAMILY INVESTMENT PARTNERSHIP, LP FOR WIC CLINIC SPACE Approve and execute Amendment No 1 to Lease Agreement No. L-7466 with Vedres Family Investment Partnership, LP, Lessor, for 4,243 square feet of office and clinic space for a Public Health WIC clinic located 2737 W. Southern Avenue, Suite 10, Tempe, AZ. Amendment No. 1 will add language to the lease that will address, clarify and append the Agreement, namely the remit Due Date, Lessor to provide an invoice as required by the Program funding authority and address late payment fees. All other terms and conditions of the Agreement remain unchanged. (C-86-17-001-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo Formal Meeting Minutes Wednesday, December 12, 2018 Page 39 of 55 48. AMENDMENT TO CONTRACT WITH SOUTHWEST HUMAN DEVELOPMENT FOR COMPREHENSIVE COMMUNITY HEALTH NURSING SERVICES Approve a retroactive pre-designated Amendment No. 1 to Contract between Southwest Human Development (SWHD) and Maricopa County through its Department of Public Health, Office of Family Health for comprehensive community health nursing services to eligible women and their families through the Nurse Family Partnership Program (NFP). The retroactive status is due to late receipt of the funding notice from Arizona Department of Health Services (ADHS) and the implementation of their new procurement system. The not-to-exceed (NTE) aggregate amount is $707,802.43, increased by $236,302 for the budget term of October 1, 2018 through September 30, 2019. The contract term is October 1, 2017 through September 30, 2022. This Contract is funded through an ADHS IGA grant, Nurse Family Partnership for Maternal, Infant and Early Childhood Home Visiting (MIECHV) (ADHS17-155910)) and does not affect the County general fund. This subcontractor is subject to the Maricopa County Procurement Code pursuant to Section MC1-102C, as they are a prior designated subcontractor. (C-86-18-048-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 49. PURCHASE ORDER TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Approve a retro-active Purchase Order (PO) (ADHS14-053007:24) to Intergovernmental Agreement (IGA) Combined, Cost Reimbursement Contract No. (ADHS14-053007), Women, Infants and Children (WIC), Breastfeeding Peer Counseling (BFPC), Farmer’s Market Nutritional Program (FMNP), and On-line Nutritional Educational Discussion Session (ONEDS) Services, between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Office of WIC Service (OWS) to provide additional funding to WIC Services to increase the Registered Dietician Supplement line item. The retro-active status is due to the late issuance of the PO and the installation of a new procurement system by ADHS. The WIC grant award is reoccurring and has been awarded to the department in previous years. This grant does not require an in-kind match; indirect cost is 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 vouchers for approved foods (milk, cheese, cereals, peanut butter, eggs, infant formula, and juice etc.) for low-income pregnant, post-partum, breast-feeding women, infants, and children up to five (5) years of age. Clients also receive nutrition and breast-feeding education and referrals to applicable social services. The grant award is competitive. There are no costs that will need to be absorbed by the department’s operating budget. The Price Sheet is increased by $10,000.00, bringing the total from $8,901,440.00 to $8,920,400.00, for the budget period effective October 1, 2017 through September 30, 2018. The term of the IGA is October 1, 2013 through September 30, 2018. All other provisions of this agreement shall remain in their entirety. Maricopa County Department of Public Health’s Indirect Rate for FY2018-19 is 18.9%. The additional indirect costs are estimated at $1,590.00, 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. Formal Meeting Minutes Wednesday, December 12, 2018 Page 40 of 55 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-86-14-023-3-22) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 50. PURCHASE ORDER FOR IGA WITH ADHS FOR THE NURSE-FAMILY PARTNERSHIP Approve a retro-active Purchase Order (PO) (PO0000010501) for Inter-Governmental Agreement (IGA) Contract No. (ADHS17-155910), Nurse Family Partnership (NFP) for Maternal, Infant, and Early Childhood Home Visiting (MIECHV), between the Arizona Department of Health Services (ADHS) and Maricopa County through its Department of Public Health (MCDPH) to provide funding for the NFP MIECHV program. The retro-active status is due to the late issuance of the PO by ADHS and the implementation of their new procurement system. The PO amount is for not to exceed total amount from $815,761.50, for the PO effective period of October 1, 2018 through September 30, 2019. The Contract term is May 1, 2017 through April 30, 2022. The Department of Public Health FY 2018-19 indirect rate is 18.9%; therefore, indirect costs are estimated at $92,109, all of which is recoverable. The pass thru amount of $236,302 is not subject to indirect. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. The NFP MIECHV IGA award is reoccurring and has been awarded to the department for many years. This grant does not require an in-kind match; indirect cost is fully recoverable; and ongoing cash contributions are also not required. The IGA award is not a mandated function but provides a benefit to the citizens of Maricopa County to deliver evidence based home visiting models to communities identified to be at risk. The award is competitive. 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 revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this grant will be provided by ADHS and will not affect the County general fund. (C-86- 17-049-3-03) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 51. PUBLIC USE DATA AGREEMENT WITH HOUSING AUTHORITY OF MARICOPA COUNTY FOR CHILDHOOD LEAD POISONING DATA Formal Meeting Minutes Wednesday, December 12, 2018 Page 41 of 55 Approve non-financial Public Use Data Agreement (PUDA), between Housing Authority of Maricopa County and Maricopa County by and through its Department of Public Health Services (MCDPH), Office of Family Health Services (FHS) to facilitate childhood lead poisoning data gathering project. In the proposed project, childhood blood lead levels data reported in Maricopa County (MC) will be used to determine locations for environmental testing on dwelling units in MC to which the Lead Safe Housing Rule Subparts, H, L, and M apply. If environmental treatment and/or remediation is necessary, it will be completed by the responsible owner. All results will be reported by HAMC to MCDPH and ADHS. This PUDA is in response to (C-86-17-032-3-02), Memorandum of Understanding (MOU), HU756005, Amendment No. 2, Exhibit P – Childhood Lead Poisoning Data. MOU HU756005 is in response to U.S. Department of Housing and Urban Development, Lead- Safe Housing Rule (24 CFR 35, Subpart L). (C-86-19-024-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 52. REQUEST FOR PROPOSAL CONTRACT WITH DELTA DENTAL PLAN OF ARIZONA FOR DENTAL INSURANCE SERVICES Approve Request for Proposal (RFP) Contract 190140 between the Delta Dental Plan of Arizona (DDPA) and Maricopa County through its Department of Public Health (MCDPH) for the provision of dental insurance services to individuals affected by HIV/AIDS. The term for this Contract is 03/01/2019 through 02/29/2022 and the Contract amount is not-to- exceed $6,000,000. Funding for this Contract is provided by a grant from the Federal Department of Health and Human Services, Health Resources and Services Administration (HRSA), the Ryan White (RW) Comprehensive HIV/AIDS Treatment Modernization Acts of 2006 and the Maricopa County General Government Department, Ryan White Part A Program and will not affect the County general fund. 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 Contract does not alter the budget constraining expenditures of the local revenues duly adopted by the Board pursuant to A.R.S. 42- 17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-86-19-025-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo 53. SOLE SOURCE SERVICE CONTRACT WITH THE ARIZONA PARTNERSHIP FOR IMMUNIZATION (TAPI) FOR BILLING IMMUNIZATIONS SERVICES Approve this Sole Source Service Contract between The Arizona Partnership for Immunization (TAPI) and Maricopa County by and through its Department of Public Health (MCDPH). This Contract will establish a program that would coordinate public health clinics so that Maricopa County can be compensated for immunizations administered to clients with current health insurance. Included in this Contract is a Business Associate Agreement. Also, this Contract will generate revenue for MCDPH a projected amount of $1,700,000 for funding period January 1, 2019 through December 31, 2019. The term of the Contract is January 1, 2019 to December 31, 2023. Fund (265) has been appropriated in FY2019. MCDPH’s indirect rate for Fee Funds for FY 2018-19 is 12.1%. The full indirect costs are estimated at $183,496 all of which is fully recoverable. (C-86-19-023-3-00) Formal Meeting Minutes Wednesday, December 12, 2018 Page 42 of 55 Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo Real Estate - Bienes Raíces 54. ADDENDUM TO PURCHASE AGREEMENT WITH THE STATE OF ARIZONA Approve and authorize the Chairman to execute Addendum No. 1 to Terms of Excess Land Purchase Agreement and Receipt for Deposit executed on October 22, 2018 (C-78-19- 002-3-01) by and between the State of Arizona, acting through its Department of Transportation, and Maricopa County, for the purchase of APN 139-49-001M and 139-49- 001Y. The purpose of this Addendum is to extend, at no additional cost to the County, the escrow closing date to May 1, 2019 to allow the State additional time to vacate the properties before the County takes title to the properties, thus eliminating the need for the assignment of lease; and to rescind the Assignment and Assumption of Lease executed on October 19, 2018 by and between the State of Arizona, acting through its Department of Transportation, and Maricopa County. This item is located in Supervisory District 2. On August 29, 2018 the Board authorized the Chairman to execute a Letter of Intent to purchase APN 139-49-001M and 139-49-001Y (located adjacent to the County’s Southeast Regional Campus) from the State of Arizona for the purchase price of $1,314,900 (C78-19- 002-3-00) plus closing cost not to exceed $2,000. On October 10, 2018, the Board authorized the Chairman to execute all documents to consummate the sale and transfer of the two (2) parcels to Maricopa County (C-78-19-002-3-01). An Assignment and Assumption of Lease was executed as part of the required documents to convey the State- owned land to the County. (C-78-19-002-3-02) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Chucri, Gates, Barney, Hickman, Gallardo Transportation - Transportación 55. COMPETITION IMPRACTICABLE TO AZTEC ENGINEERING FOR DESIGN SERVICES Request approval of the attached single source competition impractical form, for design services to Aztec Engineering for additional work on project TT0248 Deer Valley Road. Additional services include lighting design for the two roundabout intersections, update to all plans to current year standards, and adjustment to project centerline to address discrepancy between year 2006 survey and present day survey benchmarks. The Chief Procurement Officer can approve procurements up to $100,000. This request is over $100,000 and must be submitted as an agenda item to the Board of Supervisors for consideration. Supervisory District No. 4 (C-64-19-083-5-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 56. ROAD ABANDONMENT: ROAD FILE NO. AB-316 Pursuant to A.R.S. §28-7214, adopt Resolution AB-316 to abandon portions of the easement which was conveyed to Maricopa County by means of an Easement for Highway Formal Meeting Minutes Wednesday, December 12, 2018 Page 43 of 55 Purposes on April 20, 1966, recorded in Docket 6011, page 106, Maricopa County Recorder. Abandon a portion of the road at the request of the property owner. (General Vicinity of Vine Avenue and Mountain Road, and abutting Assessor parcel 220- 73-005T. Supervisory District No. 2) (C-64-19-080-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 57. REAPPOINTMENT TO THE PLANNING AND ZONING COMMISSION Approve the reappointment of Broc C. Hiatt to the Planning and Zoning Commission, representing Supervisorial District 2. The term of the reappointment will be January 1, 2019 through December 31, 2022. (C-06-19-212-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 58. APPOINTMENT AND REAPPOINTMENT TO THE PARKS AND RECREATION ADVISORY COMMISSION Approve the appointment of Jack Stapley to the Parks and Recreation Advisory Commission as Member At-Large, Chairman Nominee. The term of the appointment will be effective as of January 1, 2019 through December 31, 2020. Approve the reappointment of Thomas Rhoades to the Parks and Recreation Advisory Commission, representing District 2. The term of the reappointment will be effective as of January 1, 2019 through December 31, 2020. Approve the reappointment of Eric Mears to the Parks and Recreation Advisory Commission, representing Supervisorial District 3. The term of the reappointment will be effective January 1, 2019 through December 31, 2020. (C-06-19-213-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 59. RESIGNATION AND APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Approve the resignation of Rui Pereira from the Community Development Advisory Committee, representing the Town of Wickenburg. The resignation will be effective as of December 3, 2018. Approve the appointment of Rui Pereira to the Community Development Advisory Committee, representing District 4. The term of the appointment will be effective as of the Board of Supervisor approval through June 30, 2019. (C-06-19-214-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, December 12, 2018 Page 44 of 55 Ayes: Chucri, Gates, Barney, Hickman, Gallardo SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ ~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix, amenos que de otromodo notado~ Clerk of the Board - Secretaria de la Junta 60. SETTING OF HEARING FOR THE PROPOSED COUNTRY CLUB ESTATES IRRIGATION WATER DELIVERY DISTRICT IMPACT STATEMENT 1. Pursuant to A.R.S. § 48-261 and § 48-263, set a hearing date to receive the impact statement for the proposed Country Club Estates Irrigation Water Delivery District. The hearing date is set for Wednesday, January 16, 2019 at 9:30 a.m., 205 W. Jefferson, Phoenix, AZ 85003. 2. Pursuant to A.R.S. § 48-261(C), approve a bond in the amount of $250 to be filed with the Board by the persons proposing the district to cover cost incurred by the County if the district is not organized. The Clerk of the Board of Supervisors shall post a notice of the hearing in at least three conspicuous public places in the area of the proposed district and shall publish a notice twice in a daily newspaper at least ten days before the hearing. A notice of hearing will be sent to each property owner within the proposed district boundaries. At the hearing on January 16, 2019, the Board will hear those who appear for and against the proposed district and shall determine whether the district will promote public health, comfort, convenience, necessity, or welfare. If the Board of Supervisors determines that the public health, comfort, convenience, necessity, or welfare will be promoted, it shall approve the impact statement and authorize the persons proposing the district to circulate petitions within the following proposed boundaries of the district: Lots 9 through 12, Lots 17 through 103, of COUNTRY CLUB VILLAGE, a Subdivision of part of the Northwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 64 of Maps, Page 50; TOGETHER WITH Lots 112 through 120, Lots 200 through 207, Lots 211 through 221, Lots 223 through 230, Lots 232 through 234, of COUNTRY CLUB ESTATES, a Subdivision of part of the Northwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 65 of Maps, Page 39; TOGETHER WITH Lots 121 through 133, Lots 190 through 199, of COUNTRY CLUB ESTATES PLAT THREE, a Subdivision of part of the Northwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 82 of Maps, Page 35; Formal Meeting Minutes Wednesday, December 12, 2018 Page 45 of 55 TOGETHER WITH Lots 134 through 137, Lots 164 through 189, of COUNTRY CLUB ESTATES PLAT FOUR, a Subdivision of part of the Northwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 86 of Maps, Page 2; TOGETHER WITH Lots 13 through 16, of a REPLAT OF LOTS 1, 2, 3, 4, 5, 13, 14, 15 & 16 of COUNTRY CLUB VILLAGE, a Subdivision of part of the Northwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 90 of Maps, Page 12; TOGETHER WITH Lots 1 through 22, of WESTWOOD VILLA, a Subdivision of part of the Northwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 122 of Maps, Page 40; TOGETHER WITH The South Half of the North Half of the Southwest Quarter of the Northwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian, Except the West 107 Feet Thereof; TOGETHER WITH The West 263 Feet of the North Half of the North Half of the Southwest Quarter of the Northwest Quarter of Section 16, Township 1 North, Range 5 East, of the Gila and Salt River Base and Meridian, Except the West 67 Feet of the North 211.44 feet Thereof, and also Except the West 107 Feet of the South 119 Feet Thereof. (C-06-19-219-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Chucri, Gates, Barney, Hickman, Gallardo Transportation – Transportación 61. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0086 Set a hearing for February 13, 2019 for Road File No. PAB-0086 to consider the request to abandon a portion of a Federal Patent Easement Number #1215571 lying in the Southeast quarter of Section 21 – T1S, R2W, of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of Ray Road and Rainbow Valley Road, and known as Assessor Parcel 400-53-022B. 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 Formal Meeting Minutes Wednesday, December 12, 2018 Page 46 of 55 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. 5 (C-64-19-082-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Chucri, Gates, Barney, Hickman, Gallardo 62. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0068 Set a hearing for February 13, 2019 for Road File No. PAB-0068 to consider the request to abandon a portion of a Federal Patent Easement Number #1174984 lying in the Northwest quarter of Section 6 – T4N, R3E, of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of 19th Avenue and Jomax Road, and known as Assessor Parcel 210-11-025V. 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-64-19-081-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Chucri, Gates, Barney, Hickman, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 63. 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-06-19-206-7-00) Name Warrant No Amount Dept/School Angelique Scott 3700073350 564.78 Avondale Maxine Hill 3700095393 364.50 Agua Fria Union Beth L Colman 3010017064 953.42 Human Resources Formal Meeting Minutes Wednesday, December 12, 2018 Page 47 of 55 Clinton School District #32 380013833 125.00 County Attorney Jesus Betancourt Lopez 3700080105 46.87 Agua Fria Union Ewing Irrigation Products Inc 3700066408 20.55 Agua Fria Union Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 64. DONATIONS In accordance with County Policy A2508, accept the monthly donation report received from Parks and Recreation for November 2018, for a Cash Value of $433.46. (C-06-19-226-7- 00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 65. 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-06-19-211-7-00) Name Warrant No Amount Dept/School Rangel Raquel 855290 303.83 Treasurer Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 66. 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-06-19-216-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 67. RICO FUNDS QUARTERLY REPORT Pursuant to A.R.S. § 13-2314.01(F) and 13-2314.03(G), receive the RICO Funds Quarterly Reports regarding asset forfeiture funds for the anti-racketeering revolving funds, from the following entities: (C-06-19-217-7-00) City of Mesa Police Department City of El Mirage Police Department Formal Meeting Minutes Wednesday, December 12, 2018 Page 48 of 55 City of Goodyear Police Department City of Chandler Police Department City of Glendale Police Department Town of Gilbert Police Department Maricopa County Sheriff’s Office Maricopa County Attorney’s Office Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 68. 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-43-19-018-M- 00) 301-12-114 2009-2015 $2,538.34 301-12-115 2007-2015 $3,136.55 303-19-005A 2013 $11,316.45 934-72-408 2001 $8,952.18 Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 69. HEAD START MONTHLY REPORT Receive the Head Start report for July, August and September 2018 submitted by the Human Services Department. (C-06-19-210-7-00) Report includes information on: Program Enrollment Number of Children served with Disabilities Program eligible children on waitlist Funding Amount and Expenditures Meals served Parent education & Volunteer hours Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 70. TREASURER'S COLLECTIONS AND INVESTMENT SUMMARY FOR OCTOBER 2018 Pursuant to A.R.S. § § 11-501, accept the Treasurer's Statement of Collections and Investment Reports for October 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-43-19-019-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo 71. 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-06-19-224-7-00) 2013/2014/2015/2016/2017: tx2016-000938; Formal Meeting Minutes Wednesday, December 12, 2018 Page 49 of 55 2018: ST2018-000078; ST2018-000426; 2018/2019: ST2018-000007; ST2018-000097; ST2018-000099; ST2018-000103; ST2018- 000115; 2019: ST2018-000079; ST2018-000091 Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES County Attorney A-1. MOONDANCE FUNDING, LLC AND BRIAN STUMPF Authorize Maricopa County to institute legal action against Moondance Funding, LLC and Brian Stumpf for violation of Arizona Revised Statutes and the Maricopa County Envrionmental Health Code. This authorization is in accordance with information provided at the Executive Session of Maricopa County Board of Supervisors held on December 10, 2018. (C-19-19-033-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo A-2. FILING COMPLAINT IN U.S. DISTRICT COURT Authorize outside counsel, Keller Rohrback LLP, to file a complaint in U.S. District Court for the District of Arizona seeking damages to Maricopa County caused by the malfeasance, including false claims and other misrepresentations, of defendants who caused such harm, including opioid manufacturers and distributors. This item was discussed in Executive Session on December 10, 2018. (C-06-19-231-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo A-3. FILING OF A WRIT OF CERTIORARI Ratify the filing of a Petition for Writ of Certiorari to the United State Supreme Court in the case, Melendres, et al. v. Maricopa County, et al. (CV-07-2513-PHX-GMS); Melendres v. Paul Penzone, C.A. No. 16-16661 (9th CIR.). This item was heard in Executive Session on November 26, 2018. (C-06-19-232-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo Human Resources A-4. CLERK OF THE BOARD Approve the salary adjustment for Fran McCarroll, Clerk of the Board, to a rate of $69.63 Formal Meeting Minutes Wednesday, December 12, 2018 Page 50 of 55 effective December 17, 2018. This item was discussed in executive session on December 10, 2018. (C-31-19-024-6-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo A-5. COUNTY MANAGER Approve the salary adjustment for Joy Rich, County Manager, to a rate of $123.00 effective December 17, 2018. This item was discussed in executive session on December 10, 2018. (C-31-19-025-6-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo Procurement Services A-6. P25 RADIO SYSTEM INFRASTRUCTURE UPGRADE (AMENDMENT #2) 12030-RFP 1. Authorize and approve Amendment #2 with Motorola Solutions, Inc., a Delaware Corporation. The amendment extends the Contract for a period of Ten (10) Years until June 30, 2031 and allows for the purchase of maintenance services for all current sites built-out under the Contract and for the purchase of a minimum of 6,687 various subscriber units. The estimated cost of the maintenance service and subscriber units is $71,089,727, plus tax. 2. Authorize and approve an increase in the Contact expenditure limit of $63,000,000 from $129,617,706 to $192,617,706. This Contract increase along with the remaining balance from the original Contract authorization is sufficient Contract authority to permit payment of all Contract obligations inclusive of Amendment #2. (C-73-13-077-7-04) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, 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 72. Public comment on matters pertaining to Maricopa County government. Please limit comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board members may not discuss matters raised under this public comment portion of the meeting; however, an individual Board member may respond to criticism made by those who have addressed the Board, ask staff to review an issue raised or may ask that the matter be placed on a future agenda. (Public comment is at the discretion of the Chairman.) Formal Meeting Minutes Wednesday, December 12, 2018 Page 51 of 55 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.) There were no public speakers. 73. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Gallardo noted the meeting was the last before the holidays and wished everyone Happy Holidays. He thanked Chairman Chucri for his leadership of the Board. Supervisor Hickman wished everyone a safe and Merry Christmas. He thanked Chairman Chucri for his leadership of the Board, District 2 staff for always keeping all of the Districts updated and thanked District 4 staff for their continued hard work. Supervisor Gates noted the meeting was being streamed live on YouTube for the first time. He spoke of the kickoff of the Air Quality Burn Cleaner and Burn Better Program and the Retrofit Program. He wished everyone Happy Holidays and Merry Christmas. He thanked Chairman Chucri for his leadership and the many accomplishments throughout the year. Supervisor Barney thanked Chairman Chucri for his leadership, tenacity, vision, patience and noted challenging issues throughout the year. He spoke of the Board’s ability to come together on many issues and Chairman Chucri’s leadership was critical to that. He thanked District 2 staff for their work and noted the tremendous amount of work for any Chairman’s staff. Joy Rich, County Manager, thanked the Board for a tremendous year and thanked Chairman Chucri for his leadership. She noted the Chairman’s challenge to staff on initiatives and thanked staff for all of their work throughout the year. She said there are many remarkable County staff, which has been shown by the Chairman’s initiatives. Chairman Chucri thanked staff and remarked that Dr. Johnston, Director of the Medical Examiner’s Office, for reaching accreditation. He spoke of past difficulties of keeping the Medical Examiner’s Office staffed. He wished everyone Happy Holidays. He spoke of a past memory with his mother when she stated, “we are placed on this earth to serve each other”. He noted the importance of the statement and thanked his colleagues for the opportunity to serve as Chairman. He said the accomplishments of the Board would not be successful without the assistance of the staff. He wished everyone Happy Holidays and a Merry Christmas. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. Formal Meeting Minutes Wednesday, December 12, 2018 Page 52 of 55 ______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, December 12, 2018 Page 53 of 55 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, December 12, 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 Talia Offord, Legal Counsel. F-1. JOINT USE AGREEMENT BETWEEN THE CITY OF PEORIA AND THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Approve Joint Use Agreement (JUA) FCD 2018G002 for the Recreational Use of Paloma Community Park at New River Dam between the City of Peoria (City) and the Flood Control District of Maricopa County (District). The JUA details the necessary coordination and responsibilities of each party for the use of a portion of the New River Dam project area by the City for recreational purposes such as the proposed Paloma Community Park (“the PROJECT”) and potential future recreational features. All costs for development, maintenance, and operation of recreational features at New River Dam under this agreement shall be borne by the City. There is no cost to the District. The City has formally requested the District to allow development and use a portion of the New River Dam project area for recreational and multi-use facilities and activities, and associated utilities that will cross over New River Dam Dike No. 1. The City is planning and designing for the PROJECT proposed to be located within the limits of the New River Dam project area, within Maricopa County Assessor Parcel Number (“APN”) 201-19-008. The District intends to provide a non-exclusive use agreement for recreation to the City at no cost. The US Army Corps of Engineers (USACE) has determined that a Section 408 permit is required for the PROJECT. In partnership with the City, has applied for a Section 408 Permit for the PROJECT. Existing IGA FCD2016A001 between the City and the District has allowed for the City to provide funds to the District for expedition of the USACE 408 Permit process. Potential future improvements by the City under this agreement will be permitted through the District’s ROW Use Permit process. This Agenda Item impacts Supervisorial District 4. (C-69-19-009-3-00) Motion to approve by Director Gates, seconded by Director Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo F-2. DECLARE/SELL EXCESS PARCEL MAGNOLIA MH PARK Pursuant to A.R.S. §48-3603, the Flood Control District requests the Board of Directors declare four (4) parcels as excess to the needs of the Flood Control District. Conveyance documents for the sale of the parcels will be presented to the District Board of Directors for acceptance and signature at time of sale. Parcel information: 1. Parcels are located approximately ½ mile north of Deer Valley Rd, east of 27th Ave, within the Magnolia MH Park. 2. Assessor Parcel numbers 209-04-070B,D,F,G 3. Zoning R-4A, City of Phoenix This item is located in Supervisory District 4. Formal Meeting Minutes Wednesday, December 12, 2018 Page 54 of 55 The District utilizes its Disposition Program on all excess properties to evaluate them for the best potential of sales or leasing, depending on current market information. The property would be sold to the highest bidder via public auction with the starting bid at market value, as determined by appraisal, unless sold to another agency, at market value without auction. (C-69-19-010-8-00) Motion to approve by Director Gates, seconded by Director Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo F-3. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements and right-of-way acquisition documents, appraisal and relocation assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements, excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood Control purposes. A. Hidden Valley Basins – DS Project #: 117.01.31 – FCD Item #: F00364, F00368 – APN: 300-08-955, 300-08-956 – Right of Entry Agreement – from Ernest Linsenmeyer to the Flood Control District of Maricopa County for the sum of $1,000.00. B. Powerline Floodway – HL Permit #: 2014P033 – FCD Parcel: F-2522 – APN:312-13-379, 304-89-674, 304-50-880 – Non-Exclusive Ingress and Egress Easement and Agreement – from Bella Via Community Association, c/o AAM, LLC to the Flood Control District of Maricopa County for the sum of $10.00. (C-06-19-225-7-00) Motion to approve by Director Gates, seconded by Director Hickman Ayes: Chucri, Gates, Barney, 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, December 12, 2018 Page 55 of 55 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, December 12, 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 Talia Offord, Legal Counsel. L-1. HONORARIUM AGREEMENT WITH TANGLED BANK STUDIOS FOR ACTIVITIES ASSOCIATED WITH THE SOUTHEAST REGIONAL LIBRARY'S PARTNERSHIP Approve and accept the honorarium of $500 from Tangled Bank Studios for educational and outreach activities associated with the Southeast Regional Library's partnership for an interactive exhibit, book display and educational materials about ecology and the environment. This display would be within the youth area for the purpose of engaging the public to learn more about nature through a Tangled Bank Studios film entitled "Backyard Wilderness" and the December bio-blitz in the Gilbert Riparian Preserve. (C-65-19-007-M- 00) Motion to approve by Director Barney, seconded by Director Gallardo Ayes: Chucri, Gates, Barney, Hickman, Gallardo L-2. DONATION FROM FRIENDS OF THE SUN CITY LIBRARIES, INC. Approve and accept a check (#2148) in the amount of $12,000.00 from Friends of the Sun City Libraries, Inc. for a district-wide Morningstar subscription. (C-65-19-008-D-00) Motion to approve by Director Barney, seconded by Director Gallardo Ayes: Chucri, Gates, Barney, 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