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Board Members Bill Gates, Chairman, District 3 Clint Hickman, Vice Chairman, District 4 Jack Sellers, District 1 Steve Chucri, District 2 Steve Gallardo, District 5 County Manager Joy Rich "The mission of Maricopa County is to Clerk of the Board Fran McCarroll provide regional leadership and fiscally 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 Housing Authority of Maricopa County and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control District 52 Library District 54 Stadium District 57 Board of Deposit No Meeting Wednesday, May 22, 2019 9:30 AM Formal Meeting Minutes Wednesday, May 22, 2019 Page 2 of 57 1. INVOCATION - INVOCACIÓN The invocation was offered by Jeremy Reeder, Deputy Director, Maricopa County Library District. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA The Pledge of Allegiance to the flag was led by Jeremy Reeder, Deputy Director, Maricopa County Library District. 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, May 22, 2019, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, District 1; Steve Chucri, District 2 (entered late); Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Jose Santiago, Maricopa County Animal Care and Control (MCACC) introduced Leia who is approximately two years old and has only three legs. The shelters have almost 800 animals at present. He encouraged people to attend the adoption event May 25-27, 2019. They are hosting a 50% off sale during that time. For more information call 602-506-PETS or visit www.pets.maricopa.gov. 5. EMPLOYEE SERVICE AWARDS Acknowledge and present the following employees, who have provided 30 or more years of public service to Maricopa County, with service award plaques recognizing their years of service and contributions to the residents of Maricopa County. (C-31-19-043-M-00) 30 YEARS James Meyer Kim Ong Juan Martinez Michael Babicky Dana Dowling Lydia Moreno Timothy Potratz Jennie Smith Machrina Leach 35 YEARS Mary Riden 40 YEARS Diana Shepherd Formal Meeting Minutes Wednesday, May 22, 2019 Page 3 of 57 Jan Plank, Director, Human Resources Department, presented a short biography about to each employee and recognized their accomplishments. There was a photo opportunity with the Board of Supervisors. 30 Years Adult Probation James Meyer Kim Ong County Attorney’s Office Juan Martinez Superior Court Michael Babicky Dana Dowling Lydia Moreno Timothy Potratz Juvenile Probation Jennie Smith Public Health Machrina Leach 35 Years County Assessor’s Office Mary Riden 40 Years Human Services Diana Shepherd Timothy Potratz and Jennie Smith achieved 30 years of service but were not present. 6. PROCLAMATION FOR JENNIFER TOTH: AMERICAN PUBLIC WORKS ASSOCIATION TOP TEN PUBLIC WORKS LEADER OF THE YEAR Approve a Proclamation to recognize Jennifer Toth for her American Public Works Association Top Ten Public Works Leader of the Year, 2019 award. (C-06-19-478-M-00) Fran McCarroll, Clerk of the Board, read the following proclamation recognizing Jennifer Toth, Director of Transportation and County Engineer, for her award from the American Public Works Association Top Ten Public Works Leader of the Year for 2019. PROCLAMATION Jennifer Toth: American Public Works Association Top Ten Public Works Leader of the Year WHEREAS, Jennifer Toth has been named an American Public Works Association (APWA) Top Ten Public Works Leader of the Year in 2019 recognizing exemplary leadership and service in the public works industry; and, WHEREAS, APWA is a professional association of public work agencies, private companies and individuals dedicated to promoting professional excellence and public awareness through its 63 chapters in North America and more than 30,000 Formal Meeting Minutes Wednesday, May 22, 2019 Page 4 of 57 members; and, WHEREAS, Jennifer’s integrity, courage and vision have set her apart. Jennifer is continuously on the leading edge of transportation trends which has opened the door for national leadership opportunities and has shown her to be a role model for transportation professionals; and, WHEREAS, Jennifer has demonstrated her commitment to being a positive role model for others by mentoring women in the transportation industry and has established MCDOT’s mentoring program, partnering program and educational classes for aspiring engineers; and, WHEREAS, Jennifer’s leadership has brought Maricopa County recognition nationally with MCDOT’s commitment to transportation innovation through its leadership with several jurisdictions to establish adaptive signal control technology to improve travel times and commuter safety; and, WHEREAS, Jennifer has repeatedly demonstrated by her actions that the safety of MCDOT employees is paramount, Jennifer has implemented safety campaigns and has created the MCDOT Safety Now recognition program; NOW THEREFORE, BE IT RESOLVED, that the Maricopa County Board of Supervisors, does hereby recognize Jennifer Toth for her APWA Top Ten Public Works Leaders of the Year, 2019 award during National Public Works Week. We pay tribute to Jennifer and to our public works professionals, field crews, operators, engineers, managers and employees and recognize the substantial contributions they make to provide connections that improve peoples’ lives. DATED this 22nd Day of May, 2019 /s/ Bill Gates, Chairman, District 3 /s/ Clint Hickman, Vice Chairman, District 4 /s/ Jack Sellers, Supervisor, District 1 /s/ Steve Chucri, Supervisor, District 2 /s/ Steve Gallardo, Supervisor, District 5 ATTEST: /s/ Fran McCarroll, Clerk of the Board ~ Supervisor Chucri entered the meeting ~ Chairman Gates commended Ms. Toth for her focus on safety and the priority she places on this aspect of public works. He also noted her contributions to innovation, particularly in his district, with connected vehicles. He noted she is on the cutting edge and has been recognized by experts in the field. He said this contribution has the potential to make traffic jams a thing of the past. He commented on his pleasure working with her team. Supervisor Sellers noted he first met Ms. Toth when she was the State Engineer for the Arizona Department of Transportation (ADOT). He commended her for being an inspiration to young engineers and stated he is particularly impressed with the MCDOT mentoring program she implemented. He said what is most impressive is her leadership in the area of transportation innovation and her work on automated vehicle technology. Formal Meeting Minutes Wednesday, May 22, 2019 Page 5 of 57 Joy Rich noted Ms. Toth is universally admired and respected by all of her colleagues. Ms. Rich commended her for mentoring, especially women, in this field. She thanked Ms. Toth for joining the MCDOT team. Supervisor Gallardo congratulated Ms. Toth for this accomplishment. He commented when he joined the Board of Supervisors he was not well versed with transportation and all of the infrastructure that goes along with it. He thanked her and her team for the help they have given him. He shared an experience he had with Ms. Toth that illustrated the knowledge she has and her willingness to share it. Supervisor Hickman thanked Ms. Toth for being so responsive to requests regarding transportation issues to this Board. People contact the County for different things. Constituents consistently talk about roads especially in rural areas and MCDOT is admired for rural road maintenance. He thanked Ms. Toth for her service with Maricopa County. Supervisor Chucri stated he met Ms. Toth for the first time while she was with the State and there were some horrible floods. He said she was immediately involved with the problems. He noted the proclamation is indicative of who she is with the County but also who she is as a person. He noted her quiet leadership without seeking recognition. He thanked her for her work with MCDOT and stated the award was well deserved. Jennifer Toth thanked everyone for the kind words and stated it is truly humbling to be recognized on a national and local level. She thanked the Board and Joy Rich for the opportunity and the trust given her to lead the MCDOT team. She noted it takes all 400 employees who work for MCDOT. She said it is an honor to be a part of Maricopa County and to represent the County and MCDOT. Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Planning and Development 7. LUKE LANDING SUBDIVISION ASSURANCE AGREEMENT AND RESOLUTION Approve Luke Landing Subdivision Assurance Agreement with MPC Luke, LLC and Maricopa County. This agreement serves as part of the subdivision’s assurance as required by Arizona Revised Statutes §11-821(C) and must be approved by the Board of Supervisors prior to approval of the Final Plat for Luke Landing (case number S2018012). This agreement to be recorded as required pursuant to A.R.S. §11-1101. Approve by Resolution, the proposed Luke Landing Subdivision Assurance Agreement with MPC Luke, LLC and Maricopa County, and authorize the Chairman to execute the Agreement as submitted. This agreement serves as part of the subdivision’s assurance as required by Arizona Revised Statutes §11-821(C) and must be approved by the Board of Supervisors prior to approval of the Final Plat for Luke Landing (case number S2018012). (Supervisor District 4). (C-44-19-117-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo PLANNING AND ZONING AGENDA AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN Formal Meeting Minutes Wednesday, May 22, 2019 Page 6 of 57 ***The Board of Supervisors will now consider matters related to Planning and Zoning*** CONSENT AGENDA - AGENDA DE CONSIENTA PZ-1. 303 & GLENDALE INDUSTRIAL Case #: Z2018073 Supervisor District: 4 Applicant / Owner: Toby Rogers, Butler Design Group / Everest Holdings Request: Plan of Development for an industrial warehouse in the Rural-43 MAAMF overlay zoning district and IND-2 IUPD zoning district Site Location: Generally located at the southwest corner of Loop 303 and Glendale Ave. Commission Recommendation: On 4/25/19, the Commission voted 6-0 to recommend approval of Z2018073 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Approval for a Plan of Development: Loop 303 & Glendale Avenue Proposed Industrial Development”, consisting of 1 full-size sheet, dated March 8, 2019, and stamped received March 19, 2019, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Barclay 303 Industrial”, consisting of 5 pages, dated February 27, 2019, and stamped received March 19, 2019, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. The Owner shall provide a total half-width of right-of-way for the following roadway: Glendale Avenue 65 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 Glendale Avenue. Roadway must meet County Standards in effect at the time they are constructed. A waiver from this requirement may be requested from MCDOT. d. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. e. 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. f. The granting of this change in use of the property has been at the request of the Formal Meeting Minutes Wednesday, May 22, 2019 Page 7 of 57 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 Plan of Development. The Plan of Development enhances the value of the property above its value as of the date the Plan of Development is granted and reverting to the prior zoning results in the same value of the property as if the Plan of Development had never been granted. (C-44-19-119-M-00) Motion to concur with the recommendation of the Planning Commission subject to conditions “a” – “f” for approval by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo PZ-2. FALCON VIEW II Case #: S2016010 Supervisor District: 4 Applicant / Owner: Ed DePinto / Everest Holdings Request: Final Plat for 22 residential lots and 2 tracts in the R1-10 RUPD zoning district Site Location: Generally located 605’ south of Glendale Ave. and 660’ west of 125th Ave. in the Glendale area Staff Recommendation: Approval (C-44-19-120-M-00) Motion to concur with the recommendation of the Planning Staff for approval by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo PZ-3. LUKE LANDING Case #: S2018012 Supervisor District: 4 Applicant / Owner: Matthew Cawley / MPC Luke LLC Request: Final Plat containing 168 residential lots and 15 tracts in the R-5 RUPD zoning district Site Location: Generally located at the northwest corner of Glendale Ave. and 127th Ave. in the Glendale area Staff Recommendation: Approval (C-44-19-121-M-00) Motion to concur with the recommendation of the Planning Staff for approval by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 22, 2019 Page 8 of 57 PZ-4. FOOTHILLS CENTER CONDOMINIUMS Case #: S2018022 Supervisor District: 3 Applicant / Owner: Jason Fronstin / 7th St. & Carefree, LLC Request: Replat of existing commercial condominium building Site Location: Generally located at the southeast corner of Carefree Highway and 7th Street in the Desert Hills area Staff Recommendation: Approval (C-44-19-122-M-00) Motion to concur with the recommendation of the Planning Staff for approval by Supervisor Hickman, seconded by Supervisor Chucri Jason Fronstin, applicant, was present to speak only if necessary. Ayes: Sellers, Chucri, Gates, Hickman, Gallardo PZ-5. THUNDER MOUNTAIN DRAINAGE EASEMENTS, LOTS 41, 53 AND 89 Case #: S2018039 Supervisor District: 2 Applicant / Owners: Marc C. Brown, New World Properties Inc. / Terrazzo Homes Request: Replat of drainage easements on lots 41, 53 and 89 within Thunder Mountain Estates Site Location: Generally located at the northeast corner of McDowell Rd. and Hawes Rd. in the Thunder Mountain Estates subdivision Staff Recommendation: Approval (C-44-19-124-M-00) Motion to concur with the recommendation of the Planning Staff for approval by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo PZ-6. TROON TONTO VERDE PARCEL 1 Case #: S2019001 Supervisor District: 2 Formal Meeting Minutes Wednesday, May 22, 2019 Page 9 of 57 Applicant / Owner: Dan Pottinger / Taylor Morrison Request: Replat of Lot 1 and 20 of Tonto Verde Parcel 1 Site Location: Generally located at the southwest corner of Rio Verde Dr. and Forest Rd. in Rio Verde Staff Recommendation: Approval (C-44-19-123-M-00) Motion to concur with the recommendation of the Planning Staff for approval by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 8. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR This is the time scheduled for a public hearing on the applications for liquor licenses. At this hearing, the Board of Supervisors will determine the recommendation to the State Liquor Board as to whether the State Liquor Board should grant or deny the license. a. SPECIAL EVENT LICENSE FOR YOUTH OUTDOORS UNLIMITED Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Shawn Eric Pepper for Youth Outdoors Unlimited at 16802 Northeast Highway 88, Tortilla Flat, Arizona, 85219 to be held on the following dates and times: (Supervisorial District 2) (C-06-19-460-L-00) Friday, June 7, 2019 from 11:00 am to 10:30 pm Saturday, June 8, 2019 from 9:00 am to 11:00 pm Sunday, June 9, 2019 from 9:00 am to 11:00 pm Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo b. SPECIAL EVENT LICENSE FOR ANTHEM ROTARY FOUNDATION / ROTARY CLUB OF ANTHEM Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Samuel T. Crump for Anthem Rotary Foundation / Rotary Club of Anthem at 41703 North Gavilan Peak Parkway, Anthem, Arizona 85086 to be held on Wednesday, July 3, 2019 from 3:00 pm to 10:00 pm. (Supervisorial District 3) (C- 06-19-468-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo c. TEMPORARY EXTENSION OF PREMISES/PATIO FOR WELL DONE GRILL AT CANYON LAKE Pursuant to A.R.S. § 4-207.01, approve an application filed by Shawn Eric Pepper Formal Meeting Minutes Wednesday, May 22, 2019 Page 10 of 57 for a Temporary Extension of Premises/Patio of a Series 12 Liquor License for Well Done Grill at Canyon Lake at 16802 Northeast Highway 88, Tortilla Flat, Arizona, 85219 for June 7, 2019 to June 9, 2019. (Supervisorial District 2) (C-06- 19-461-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo d. NEW LICENSE FOR DOLLAR GENERAL STORE #19475 Pursuant to A.R.S. § 4-201, approve an application filed by William Henry Conley for a New Series 10 Liquor License for Dollar General Store #19475 at 10920 South Tuthill Road, Buckeye, Arizona 85326. (AZ 59568) (Supervisorial District 5) (C-06-19-425-L-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Hickman, Gallardo Nays: Gates 9. PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED COUNTRY CLUB ESTATES IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-3423 and § 48-3424, convene the scheduled public hearing regarding the petitions filed for the formation of the proposed Country Club Estates Irrigation Water Delivery District, as they have been determined to be signed by a majority of the owners of the acreage within the proposed district. Pursuant to A.R.S. § 48-3424, any land owner within the boundaries of the proposed district may appear and object to the organization thereof, or to the inclusion of the land owners property therein. The Board will hear and consider all comments in favor or against the organization of the district and decide whether to approve or reject the organization of the district within the boundaries proposed in the petition or with modified boundaries. If the Board decides to proceed with the organization of the district, the Clerk is directed to publish a notice and post copies of the notice describing the boundaries of the proposed district and fix a date of June 21, 2019, a date not less than 20 days after the publications and postings are completed. Written protests against the organization may be filed by owners of a majority of the acreage with the proposed district boundaries. If no protest is filed, or if one is filed and found insufficient, an order establishing the district shall be entered and will include the appointment of the following three (3) Trustees of the district as set forth in the petition: Gunn McKay Dan Jarvis Jody Menzel 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 Formal Meeting Minutes Wednesday, May 22, 2019 Page 11 of 57 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; 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-06-19-449-M-00) Dan Jarvis was present to speak in favor only if necessary. Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 10. IMPACT STATEMENT HEARING FOR THE PROPOSED EVERGREEN IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-261 and § 48-263, convene the scheduled public hearing on the impact statement for the proposed Evergreen 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 Formal Meeting Minutes Wednesday, May 22, 2019 Page 12 of 57 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: The West Half of the East Half of the Southwest Quarter, of Section 15, 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; EXCEPT the South 758.30 Feet of the East 223.40 Feet thereof. TOGETHER WITH The West 115 Feet of the East Half of the East Half of the Southwest Quarter, of Section 15, 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; EXCEPT the South 758.30 Feet thereof; and Except the North 688.12 Feet Thereof; TOGETHER WITH Lot 1, of BEVILLE VILLA, a Subdivision of the Northeast Quarter of the Southwest Quarter of Section 15, 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 88 of Maps, Page 40. (Supervisorial District 2) This item was continued from the April 24, 2019 meeting. (C-06-19-371-M-00) Peter Vargas, resident, thanked the Board for the opportunity to speak in favor of this item. He gave an update on events that occurred since the meeting continued from last month. On May 18, 2019 there was a neighborhood meeting held at the SRP building. A few of the homeowners remained opposed but most were in favor of the district formation. He thanked Stephanie Berry and Sonia Lipkin for facilitating the meeting. He expressed his appreciation for the wisdom in continuing the item and asked the item be moved forward. Jeremy Bohr, resident, stated his concern about continuing perpetual flood irrigation. He stated he feels this is a good way to put an official process in place and to plan ahead so funds are available to make necessary repairs. This process seems to be as close to a democratic process as possible. He feels the property owners have been informed of the meetings and no information was withheld. This will help with keeping irrigation water flowing. He wants accountability and oversight and this structure will provide this. He reviewed concerns of some property owners and was satisfied these concerns are addressed by statute. William Gosney, Barbara Bingham and Nancy Le wanted to speak in favor, only if necessary. Heather Scantlebury, resident, wanted to speak in opposition only if necessary. Her comments are in an email that was distributed to the Supervisors prior to the meeting. Supervisor Chucri commented that this process is progress, not perfection. The item is a part of the democratic process that allows petitions to be circulated for signatures to see if there are enough property owners wanting to move the process forward. He thanked the Clerk of the Board for the work done by consulting the County Attorney’s office to make sure the process is abundantly clear to the property owners. Fran McCarroll provided information on three issues brought up in the previous meeting concerning elections, fees and dissolution. She noted that elections for the Formal Meeting Minutes Wednesday, May 22, 2019 Page 13 of 57 trustees are held every two years on the third Wednesday in November. However, she said elections can be cancelled if the number of candidates is equal to the number of open positions, and she explained the statute governing election cancellations. Fees charged by the County for the formation of an irrigation water delivery district (IWDD) was a concern. She noted the statute requires a $250 bond be posted to cover the hard costs such as mailing of notices, postings and publications in the newspaper. If any funds are left following the formation effort, they are refunded to the proposed district. She explained there is a statute that states the Board of Supervisors may establish fees for work performed by the County. The Clerk’s Office considers this to be a part of its statutory duties and does not charge any fees. Likewise, the Treasurer’s Office does not charge any fees to administer funds for the IWDDs. Ms. McCarroll noted that prior to 2006 the statute required the signatures of 100% of the property owners within a district in order to dissolve the district. In 2006 the statute changed signature requirements for dissolution from 100% to a majority of the property owners’ signatures to dissolve a district. Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Heather Scantlebury, resident, spoke after the vote and thanked Ms. McCarroll for addressing some of her concerns. She wanted to inform the Board of a packet she received from SRP last year that is not distributed to property owners unless it is requested. She noted that some of the laws she spoke about that were incorrect, were the laws provided to her by SRP. Supervisor Chucri thanked Ms. Scantlebury for the information and stated his office would contact SRP to make sure any information about IWDDs distributed by them is correct. Supervisor Gallardo suggested a pamphlet or guide be assembled by the Clerk’s Office to distribute to property owners within a proposed district. Supervisor Chucri stated he would support that idea. Ms. McCarroll informed the Board that her office has put together a two page document with frequently asked questions and one that provides a timeline for the formation of a proposed district that is being sent out with the Notices of Hearing for impact statement approval such as this one. 11. IMPACT STATEMENT HEARING FOR THE PROPOSED ARDEN ESTATES IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-261 and § 48-263, convene the scheduled public hearing on the impact statement for the proposed Arden Estates 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 Formal Meeting Minutes Wednesday, May 22, 2019 Page 14 of 57 proposed boundaries of the district: Lots 1 through 49 of ARDEN ESTATES UNIT ONE, a Subdivision of the Northwest Quarter of Section 13, 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 119 of Maps, Page 12; EXCEPT any part of said ARDEN ESTATES UNIT ONE lying within Lots 1 through 8 of CANTERBURY PLACE, a Subdivision of Lots 23 thru 25, and a portion of Lots 16 thru 18, & 22 of “ARDEN ESTATES UNIT ONE” according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 211 of Maps, Page 17; TOGETHER WITH Lots 32 through 44 of KIRK ESTATES, a Subdivision of the Northwest Quarter of Section 13, 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 160 of Maps, Page 10; TOGETHER WITH Lots 1 through 8 of CANTERBURY PLACE, a Subdivision of the Northwest Quarter of Section 13, 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 211 of Maps, Page 17. (Supervisorial District 2) This item was continued from the April 24, 2019 meeting. Recommended amendments attached. (C-06-19-385-M-00) Dan Millett, resident, explained this item was continued from the previous hearing and the proponents of the district formation were asked to meet with neighbors and try to resolve the issues that were discussed at the previous hearing. He informed the Board the issues were resolved. He noted the advantages of flood irrigation and asked for the opportunity to circulate petitions. Elaine Rosendhal and Pamela Andrews were in favor of the formation but did not wish to speak. Elizabeth Meacham, resident, stated she was bewildered after attending the previous hearing. She said she now understands this will be good for the neighborhood and will not turn into a Homeowners Association (HOA). Supervisor Chucri thanked those present for this item. Motion to approve the revised impact statement to exclude the following parcels from the proposed district boundaries and reduce the budget from $4,600 to $2,500 by Supervisor Chucri: APN 137-03-294D DAY BRIAN M/JULEE TR 920 N Harris Dr APN 137-03-287 RONDEAU JEROME ROMEO 1554 E Elmwood Cir APN 137-03-293 WHEELER DAMON/COLLEEN 1555 E Elmwood Cir APN 137-03-288 ADAMS RICHARD J JR 1536 E Elmwood Cir Motion was seconded by Supervisor Hickman. Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Transportation – Transportación Formal Meeting Minutes Wednesday, May 22, 2019 Page 15 of 57 12. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0085 Convene a hearing for Road File No. PAB-0085 to consider the request to abandon a portion of a Federal Patent Easement Number #1148893 lying in the Southwest, quarter of Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona 15th Avenue and Parsons Road, and known as Assessor Parcel 210-10-002B. Notice conditions and the request for comment requirements have been met. Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P- 34 and Maricopa County Department of Transportation Procedure # P5203, it is recommended by the Department of Transportation Director, that the Board of Supervisors resolves to abandon (a portion of) a Federal Patent Easement, Road File No. PAB-0085. Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. Supervisory District No. 3 (C-64-19-148-M-01) Karen Campbell was present in support of the item and asked to speak only if necessary. Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Internal Audit - Auditoría Interna 13. INTERNAL AUDIT DEPARTMENT'S ANNUAL AUDIT PLAN AND ANNUAL RISK ASSESSMENT Approve the Internal Audit Department's Annual Audit Plan and Annual Risk Assessment for FY20 (C-23-19-003-M-00) Chairman Gates thanked Mike McGee, County Auditor, for his presence. Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Clerk of the Court - Secretario de la Corte 14. 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. Formal Meeting Minutes Wednesday, May 22, 2019 Page 16 of 57 Effective April 8, 2019 James Aaron Waslo, Deputy Clerk Kelly L. Marquez, Deputy Clerk Renee Lianna Hernandez, Deputy Clerk Lisa Renee Dalka, Deputy Clerk Mayra Alejandra Antelo, Deputy Clerk Sagrario Hernandez Perez, Deputy Clerk Effective April 15, 2019 Uday Sitaram Shetty, Deputy Clerk Samantha Leah Morris, Deputy Clerk Effective April 22, 2019 Irma Rivera, Deputy Clerk Angelita Rose Sherman, Deputy Clerk Zenaida Anahi Molina, Deputy Clerk Christopher Nicholas Chesny, Deputy Clerk Lamaar Raynard Overton, Deputy Clerk Nikita Shere Wise, Deputy Clerk Effective April 29, 2019 Mayra Lizeth De La Rosa, 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-16-19-010-9-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Sheriff - Alguacil 15. AGREEMENT AND ACCEPTANCE OF FUNDING FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) PROGRAM Approve the Agreement and acceptance of funding from the Office of National Drug Control Policy (ONDCP) Award Number G19SA0005A, for the High Intensity Drug Trafficking Area (HIDTA) Program in the amount of $641,666 for Maricopa County. The term of this funding is from January 1, 2019 to December 31, 2020. This is a reimbursement grant. MCSO is not obligated to continue the program after the funding period and there is no match requirement. This amount represents 100% of the stated budget requirements. Additional funding is not anticipated. The funding award is recurring and the Sheriff’s Office has participated in HIDTA since approximately 1998. This award is competitive and enhances mandated functions. The Maricopa County Sheriff’s Office (MCSO) is the Fiduciary of these funds for Maricopa County. MCSO will receive a total of $531,889: $73,648 for Intelligence and $458,241for Interdiction. The Maricopa County Attorney’s Office will receive $109,777 for Investigation. The Sheriff’s Office indirect rate is 18.3% and is applicable to the award amount of $531,889 for a non- recoverable amount of $97,335.69 to be absorbed by the General Fund. The County Attorney’s Office indirect rate is 13.5% and is applicable to the award amount of $109,777 for a non-recoverable amount of $14,819.90. Formal Meeting Minutes Wednesday, May 22, 2019 Page 17 of 57 The MCSO General Fund liability for direct payroll expenses not covered by the Grant is estimated to be $220,524 and is budgeted. 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. The HIDTA Program is sponsored/funded by the Office of National Drug Control Policy (ONDCP). These grant funds are to support and enhance activities in accordance with the approved ONDCP HIDTA Program Policy and Budget Guidance (PPBG). The majority of this award is directed to salaries and overtime ($506,203) with the remaining amount of $135,463 being designated for communications, vehicle leases, investigative and office supplies, and travel and training. (C-50-19-079-G-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 16. EXEMPTIONS FROM MARKINGS AND ISSUANCE OF UNDERCOVER LICENSE PLATES FOR REPLACEMENT UNDERCOVER FLEET VEHICLES GOING INTO SERVICE Approve per A.R.S. §38-538.03 exemptions from markings and undercover license plate designations for twenty-five (25) county fleet replacement vehicles that are assigned for detective and investigative use in the Sheriff’s Office. Board approval for exemption from markings is vehicle specific, good for one year, and does not automatically transfer to replacement vehicles. These vehicles are replacements for vehicles being retired due to age and/or condition. The list is on file in the Clerk of the Board's office and retained in accordance with LAPR approved retention schedule. (C-50- 19-078-V-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 17. AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWN OF CAREFREE Approve Amendment 1 to the Agreement for Law Enforcement Services between the Town of Carefree and Maricopa County on behalf of the Sheriff’s Office with an effective date of July 1, 2019 and upon approval by the Board of Supervisors and the Town of Carefree. The County and the Town entered into an Agreement executed May 24, 2017 (C-50-17- 096-3-00). Amendment #1 is presented to amend Section III, Reimbursement Costs and Charges, to coincide with changes to Worksheet Exhibit A to be effective with FY 2020. The amendment changes the following: 1) The format of Worksheet Exhibit A. to acknowledge certain MGT recommendations; 2) the FTE staffing Requirements table changing the Deputy to Sergeant ratio from 9:1 to 8:1 to acknowledge change implemented several years ago resulting from Court Compliance; 3) the way ammunition charges are calculated from the previous year costs to an average of the four previous year actual costs to eliminate wide variances; 4) adds recovery for monthly I-phone service charges; and 5 ) adds a 3% administrative service charge applicable to operating costs, excluding one-time Formal Meeting Minutes Wednesday, May 22, 2019 Page 18 of 57 items beginning July 1, 2019 and each year thereafter to recover certain indirect costs. The impact of this charge to the Town of Carefree contract for FY 2020 is $12,433.78. The Town of Carefree contracts for .30 of a beat of service and the FY 2020 cost is $426,893.05. Costs are updated annually by February 20. The Sheriff has been providing law enforcement service to the Town of Carefree for more than 20 years. (C-50-17-096-3- 01) Supervisor Chucri stated he understood the County has been providing services above and beyond what is stated in the agreements with the various cities and towns. This item will better align the services provided in the previous agreements. Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Supervisor Sellers noted the Town of Queen Creek is supportive of this item. Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 18. AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH TOWN OF CAVE CREEK Approve Amendment 1 to the Agreement for Law Enforcement Services between the Town of Cave Creek and Maricopa County on behalf of the Sheriff’s Office with an effective date of July 1, 2019 and upon approval by the Board of Supervisors and the Town of Cave Creek. The County and the Town entered into an Agreement executed August 13, 2018 (C-50-19-006-3-00). Amendment #1 is presented to amend Section II, Scope of Services, and Section III, Reimbursement Costs and Charges, to coincide with changes to Worksheet Exhibit A to be effective with FY 2020. The amendment changes the following: 1) the scope of service to include the Spur Cross Conservation area, previously handled in a separate agreement with Maricopa County Parks, that increases the number of Patrol Deputies from 2.05 FTE to 3.05 FTE and the beat of service from .41 to .61; 2) the format of Worksheet Exhibit A. to acknowledge certain MGT recommendations; 3) the FTE staffing Requirements table changing the Deputy to Sergeant ratio from 9:1 to 8:1 to acknowledge change implemented several years ago resulting from Court Compliance; 4) the way ammunition charges are calculated from the previous year costs to an average of the four previous year actual costs to eliminate wide variances; 5) adds recovery for monthly I-phone service charges; and 6 ) adds a 3% administrative service charge applicable to operating costs, excluding one-time items beginning July 1, 2019 and each year thereafter to recover certain indirect costs not previously recovered. The impact of this charge to the Town of Cave Creek contract for FY 2020 is $22,187.08. The Town of Cave Creek contracts for .61 of a beat of service and the FY 2020 cost is $761,756.27. Costs are updated annually by February 20. The Sheriff has been providing law enforcement service to the Town of Cave Creek for more than 20 years. (C-50-19-006-3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 19. AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES AGREEMENT WITH TOWN OF GUADALUPE Approve Amendment 1 to the Agreement for Law Enforcement Services between the Town Formal Meeting Minutes Wednesday, May 22, 2019 Page 19 of 57 of Guadalupe and Maricopa County on behalf of the Sheriff’s Office with an effective date of July 1, 2019 and upon approval by the Board of Supervisors and the Town of Guadalupe. The County and the Town entered into an Agreement executed June 28, 2018 (C-50-18-077-3-00). Amendment #1 is presented to amend Section III, Reimbursement Costs and Charges, to coincide with changes to Worksheet Exhibit A to be effective with FY 2020. The amendment changes the following: 1) The format of Worksheet Exhibit A. to acknowledge certain MGT recommendations; 2) the FTE staffing Requirements table changing the Deputy to Sergeant ratio from 9:1 to 8:1 to acknowledge change implemented several years ago resulting from Court Compliance; 3) the way ammunition charges are calculated from the previous year costs to an average of the four previous year actual costs to eliminate wide variances; 4) adds recovery for monthly I-phone service charges; and 5 ) adds a 3% administrative service charge applicable to operating costs, excluding one-time items beginning July 1, 2019 and each year thereafter to recover certain indirect costs not previously recovered. The impact of this charge to the Town of Guadalupe contract for FY 2020 is $56,253.42. The Town of Guadalupe contracts for 1.66 beats of service and the FY 2020 cost is $1,931,367. Costs are updated annually by February 20. The Sheriff has been providing law enforcement service to the Town of Guadalupe for more than 20 years. (C-50-18-077- 3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 20. AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH TOWN OF YOUNGTOWN Approve Amendment 1 to the Agreement for Law Enforcement Services between the Town of Youngtown and Maricopa County on behalf of the Sheriff’s Office with an effective date of July 1, 2019 and upon approval by the Board of Supervisors and the Town of Youngtown. The County and the Town entered into an Agreement executed June 7, 2018 (C-50-18-073-3-00). Amendment #1 is presented to amend Section III, Reimbursement Costs and Charges, to coincide with changes to Worksheet Exhibit A to be effective with FY 2020. The amendment changes the following: 1) The format of Worksheet Exhibit A. to acknowledge certain MGT recommendations; 2) the FTE staffing Requirements table changing the Deputy to Sergeant ratio from 9:1 to 8:1 to acknowledge change implemented several years ago resulting from Court Compliance; 3) the way ammunition charges are calculated from the previous year costs to an average of the four previous year actual costs to eliminate wide variances; 4) adds recovery for monthly I-phone service charges; and 5 ) adds a 3% administrative service charge applicable to operating costs, excluding one-time items beginning July 1, 2019 and each year thereafter to recover certain indirect costs not previously recovered. The impact of this charge to the Town of Youngtown contract for FY 2020 is $33,206. The Town of Youngtown contracts for 1 beat of service and the FY 2020 cost is $1,140,072. Costs are updated annually by February 20. The Sheriff has been providing law enforcement service to the Town of Youngtown since December 2011. (C-50-18-073- 3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 22, 2019 Page 20 of 57 21. AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH GOODYEAR Approve Amendment 1 to the Agreement for Law Enforcement Services between the City of Goodyear and Maricopa County on behalf of the Sheriff’s Office with an effective date of July 1, 2019 and upon approval by the Board of Supervisors and the City of Goodyear. The County and the City entered into an Agreement executed June 27, 2018 (C-50-18-076-3- 00). Amendment #1 is presented to amend Section III, Reimbursement Costs and Charges, to coincide with changes to Worksheet Exhibit A to be effective with FY 2020. The amendment changes the following: 1) The format of Worksheet Exhibit A. to acknowledge certain MGT recommendations; 2) the FTE staffing Requirements table changing the Deputy to Sergeant ratio from 9:1 to 8:1 to acknowledge change implemented several years ago resulting from Court Compliance; 3) the way ammunition charges are calculated from the previous year costs to an average of the four previous year actual costs to eliminate wide variances; 4) adds recovery for monthly I-phone service charges; and 5 ) adds a 3% administrative service charge applicable to operating costs, excluding one-time items beginning July 1, 2019 and each year thereafter to recover certain indirect costs not previously recovered. The impact of this charge to the City of Goodyear contract for FY 2020 is $7,393. The City of Goodyear contracts for .24 of a beat of service and the FY 2020 cost is $253,838. Costs are updated annually by February 20. The Sheriff has been providing law enforcement service to the City of Goodyear for a specific area of the County that was annexed by the City approximately 12 years ago. (C-50-18-076-3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 22. AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE TOWN OF FOUNTAIN HILLS Approve Amendment 1 to the Agreement for Law Enforcement Services between the Town of Fountain Hills and Maricopa County on behalf of the Sheriff’s Office with an effective date of July 1, 2019 and upon approval by the Board of Supervisors and the Town of Fountain Hills. The County and the Town entered into an Agreement executed August 6, 2012 (C-50-12-084-3-00). Amendment #1 is presented to amend Section III, Reimbursement Costs and Charges, to coincide with changes to Worksheet Exhibit A to be effective with FY 2020. The amendment changes the following: 1) The format of Worksheet Exhibit A. to acknowledge certain MGT recommendations; 2) the FTE staffing Requirements table changing the Deputy to Sergeant ratio from 9:1 to 8:1 to acknowledge change implemented several years ago resulting from Court Compliance; 3) the way ammunition charges are calculated from the previous year costs to an average of the four previous year actual costs to eliminate wide variances; and 4) adds a 3% administrative service charge applicable to operating costs, excluding one-time items beginning July 1, 2019 and each year thereafter to recover certain indirect costs not previously recovered. The impact of this charge to the Town of Fountain Hills contract for FY 2020 is $136,185. The Town of Fountain Hills contracts for 3.80 beats of service and the FY 2020 cost is Formal Meeting Minutes Wednesday, May 22, 2019 Page 21 of 57 $4,675,700. Costs are updated annually by February 20. The Sheriff has been providing law enforcement service to the Town of Fountain Hills for more than 20 years. (C-50-12- 084-3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 23. AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH TOWN OF GILA BEND Approve Amendment 1 to the Agreement for Law Enforcement Services between the Town of Gila Bend and Maricopa County on behalf of the Sheriff’s Office with an effective date of July 1, 2019 and upon approval by the Board of Supervisors and the Town of Gila Bend. The County and the Town entered into an Agreement executed July 25, 2012 (C-50-12- 088-3-00). Amendment #1 is presented to amend Section III, Reimbursement Costs and Charges, to coincide with changes to Worksheet Exhibit A to be effective with FY 2020. The amendment changes the following: 1) the format of Worksheet Exhibit A. to acknowledge certain MGT recommendations; 2) the FTE staffing Requirements table changing the Deputy to Sergeant ratio from 9:1 to 8:1 to acknowledge change implemented several years ago resulting from Court Compliance; 3) the way ammunition charges are calculated from the previous year costs to an average of the four previous year actual costs to eliminate wide variances; and 4) adds a 3% administrative service charge applicable to operating costs, excluding one-time items beginning July 1, 2019 and each year thereafter to recover certain indirect costs not previously recovered. The impact of this charge to the Town of Gila Bend contract for FY 2020 is $15,697. The Town of Gila Bend contracts for .45 of a beat of service and the FY 2020 cost is $538,941. Costs are updated annually by February 20. The Sheriff has been providing law enforcement service to the Town of Gila Bend for more than 20 years. (C-50-12-085-3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 24. AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH CITY OF LITCHFIELD PARK Approve Amendment 1 to the Agreement for Law Enforcement Services between the City of Litchfield Park and Maricopa County on behalf of the Sheriff’s Office with an effective date of July 1, 2019 and upon approval by the Board of Supervisors and the City of Litchfield Park. The County and the City entered into an Agreement executed July 25, 2012 (C-50-12-088-3-00). Amendment #1 is presented to amend Section III, Reimbursement Costs and Charges, to coincide with changes to Worksheet Exhibit A to be effective with FY 2020. The amendment changes the following: 1) the format of Worksheet Exhibit A. to acknowledge certain MGT recommendations; 2) the FTE staffing Requirements table changing the Deputy to Sergeant ratio from 9:1 to 8:1 to acknowledge change implemented several years ago resulting from Court Compliance; 3) the way ammunition charges are calculated from the previous year costs to an average of the four previous year actual costs to eliminate wide variances; and 4) adds a 3% administrative service charge applicable to operating costs, excluding one-time items beginning July 1, 2019 and each year thereafter to recover certain indirect costs not previously recovered. The impact of this charge to the City of Litchfield Park contract for FY 2020 is $24,962. Formal Meeting Minutes Wednesday, May 22, 2019 Page 22 of 57 The City of Litchfield Park contracts for .75 of a beat of service and the FY 2020 cost is $857,049. Costs are updated annually by February 20. The Sheriff has been providing law enforcement service to the City of Litchfield Park for more than 20 years. (C-50-12-088-3- 01) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 25. AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE TOWN OF QUEEN CREEK Approve the Agreement for Law Enforcement Service between the Town of Queen Creek and Maricopa County on behalf of the Sheriff’s Office effective retroactive to January 1, 2019 through June 30, 2022, with up to three, one-year, automatic renewals. This Agreement replaces and supersedes any existing Agreement for Law Enforcement Services between the two parties, the most recent being that certain Agreement for Law Enforcement Services between the parties executed on; August 27, 2014 (C-50-15-008-3- 00) and Amendment 1 (C-50-15-008-3-01) effective April 1, 2015, Amendment 2 (C-50-15- 008-3-02) effective July 1, 2016, and Amendment 3 (C-50-15-008-3-03) retroactively effective to July 1, 2017. The Agreement increases level of service to 5.4 beats beginning the second half of FY 2019, January 1, 2019 through June 30, 2019. This increase in level of service results in the establishment of two additional law enforcement officer positions; two additional law enforcement sergeants; and one additional law enforcement lieutenant, plus vehicles and equipment. This Agreement also provides a second increase in level of service beginning with FY 2020, July 1, 2019, to six (6) full beats, resulting in the establishment of three additional law enforcement officer positions plus vehicles and equipment. The Town will be charged on a pro-rated basis for both FY 2019 and FY 2020 until contracted staffing levels are met. This Agreement includes a provision for the Town to request invoice credit in situations where staffing levels are not met due to long term (three consecutive months or more) vacancies or employee leaves of absence. The annualized value of this Agreement for FY 2019 is $7,124,083.48, subject to pro- rating, plus estimated one-time costs of $281,917 that will be deferred to FY 2020 due to timing of contract implementation. The annualized value of this contract for FY 2020 is $8,309,671.94, subject to pro-rating, plus estimated one-time costs of $281,814. The FY 2020 total includes the 3% charge applied to operating, new to this Agreement. Also approve six, (6) additions to fleet for which the Town will reimburse the County full vehicle purchase and get ready costs. The Town will subsequently and continually fund vehicle replacement through charges included in the annualized costs in the cost Worksheet Exhibit A (as is the case with all agreements). This Agreement can be canceled without cause with a 12-month notice. Costs are updated annually by February 20. The Sheriff’s Office has been providing Law Enforcement Service to the Town of Queen Creek for over 20 years. This Agreement, if approved, will be supported with 52 MCSO employees. (C-50-19-080-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 22, 2019 Page 23 of 57 COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 26. AMENDMENT TO LICENSE AGREEMENT WITH THE CITY OF PHOENIX FOR AIR QUALITY MONITORS AT FIRE STATION NO. 40 Approve and authorize the Chairman to execute Amendment No. 4 to Non-Exclusive License Agreement for Air Quality Monitors at Fire Station No. 40, P-50172, with the City of Phoenix, for non-exclusive use of space at Fire Station No. 40 at 3838 N. 83rd Avenue, Phoenix, AZ The Agreement will allow the County Air Quality Department continued use of the site for air quality monitoring purposes for a term of one (1) year as well as allow for counterpart signatures. The term will commence July 6, 2019 and expire July 5, 2020, unless terminated earlier as provided in the Agreement. This is the fourth of five (5) one (1) year extensions. There is no cost to the County. Either Party may terminate the Agreement with a 30-day notice to the other party. (C-85-11-028-3-04) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 27. NEW HOPE AGREEMENT WITH DESERT LABRADOR RETRIEVER RESCUE, INC. Approve an agreement between Desert Labrador Retriever Rescue, Inc. and Maricopa County, administered by Maricopa County Animal Care and Control, to allow said rescue to transfer animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag, and new owner transfer fee within the first year of transfer for each dog three months of age or older at no cost to the Contractor. The cost for these services is $51 for each animal transferred in FY 2019 and $52 for each animal transferred thereafter. Animal Care and Control estimates 36 New Hope transfers over the term of the agreement for a total of $1,871. The term of this agreement will commence upon approval and execution by the Board and expire following a three (3) year period. (C-79-19-100-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 28. NEW HOPE AGREEMENT WITH ANGELS SAVING THOSE IN NEED, INC. Approve an agreement between Angels Saving Those In Need, Inc. and Maricopa County, administered by Maricopa County Animal Care and Control, to allow said rescue to transfer animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag, and new owner transfer fee within the first year of transfer for each dog three months of age or older at no cost to the Contractor. The cost for these services is $51 for each animal transferred in FY 2019 and $52 for each animal transferred thereafter. Animal Care and Control estimates 36 New Hope transfers Formal Meeting Minutes Wednesday, May 22, 2019 Page 24 of 57 over the term of the agreement for a total of $1,871. The term of this agreement will commence upon approval and execution by the Board and expire following a three (3) year period. (C-79-19-101-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 29. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR ZDENEK BLABLA D/B/A ALPINE KENNELS Approve kennel permit K20-000039 pursuant to A.R.S. §11-1009 for Zdenek Blabla d/b/a Alpine Kennels, 29416 N. 161st Avenue, Surprise, AZ 85387 in District 4 for a one-year period beginning the first day of the month following Board approval. The cost of a kennel permit is $350. The total amount received for this kennel permit application is $350. (C-79- 19-102-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 30. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR GENIA GRAVES D/B/A GRAVES LABRADOR RETRIEVERS Approve kennel permit K19-000068 pursuant to A.R.S. §11-1009 for Genia Graves d/b/a Graves Labrador Retrievers, 24439 N. 195th Avenue, Surprise, AZ 85387 in District 4 for a one-year period beginning the first day of the month following Board approval. The cost of a kennel permit is $350. The total amount received for this kennel permit application is $350. (C-79-19-103-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 31. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR BOBBIE NICHOLS D/B/A BOBBIE'S BULLIES Approve kennel permit K19-000070 pursuant to A.R.S. §11-1009 for Bobbie Nichols d/b/a Bobbie's Bullies, 3223 S. Brice, Mesa, AZ 85212 in District 2, for a one-year period beginning the first day of the month following Board approval. The cost of a kennel permit is $350. The total amount received for this kennel permit application is $350. (C-79-19-105- 3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 32. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR STACY KIRSHNER D/B/A KIRSHNER'S FOSTERS Approve kennel permit K19-000069 pursuant to A.R.S. §11-1009 for Stacy Kirshner d/b/a Kirshner's Fosters, 153 N. 193rd Drive, Buckeye, AZ 85326 in District 4 for a one-year period beginning the first day of the month following Board approval. The cost of a kennel permit is $350. The total amount received for this kennel permit application is $350. (C-79- 19-104-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 22, 2019 Page 25 of 57 33. DONATION FROM TWO PUPS WELLNESS FUND FOR MICROCHIPS Accept the restricted donation in the amount of $510 from Two Pups Wellness Fund, through the Arizona Community Foundation, for the purchase of microchips to be used for stray dogs being returned to their owners, providing them with an important piece of identification. 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-79-19-106-D-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 34. DONATION FROM ALMOST THERE FOSTER CARE FOR MICROCHIPS Accept the restricted donation in the amount of $540 from Almost There Foster Care for the purchase of microchips to be used for stray dogs being returned to their owners, providing them with an important piece of identification. 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-79-19-107-D-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 35. DONATION FROM HOPE EMERGENCY ANIMAL RESCUE (H.E.A.R.) FOR MEDICAL TESTING AND TREATMENT Accept the monthly restricted donation of $1,000 from H.E.A.R. for the testing and treatment of MCACC shelter animals with Valley Fever and Tick Fever, as set forth in the Memorandum of Understanding approved by the Board of Supervisors on January 9, 2019 (C-79-19-062-M--00). 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-79-19-108-D-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 36. DONATION FROM LOVEPUP FOUNDATION FOR MICROCHIPS Accept the restricted donation in the amount of $16,399 from LovePup Foundation for the purchase of microchips, allowing the shelter animals to receive this important piece of identification. Donation funds are not local revenues for the purpose of the constitutional expenditure Formal Meeting Minutes Wednesday, May 22, 2019 Page 26 of 57 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-79-19-109-D-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Emergency Management - Administración de Emergencia 37. MOU WITH RUBIO'S COASTAL GRILL Approve a Memorandum of Understanding between Rubio's Coastal Grill and Maricopa County through the Department of Emergency Management, for the purpose of offering an incentive (one Free Food Item selected by Rubio's) to persons who download the Ready.Maricopa.gov Preparedness app. This Memorandum of Understanding is non- financial and is effective from May 22, 2019 until June 10, 2019. (C-15-19-010-3-00) Motion to approve by Supervisor Sellers, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Enterprise Technology - Tecnología Empresarial 38. AMENDMENT TO CABLE TELEVISION LICENSE AGREEMENT WITH WESTERN HOLDINGS, EXTENDING AGREEMENT Approve Amendment No. 1 to an Agreement between Western Broadband, LLC, A Delaware Limited Liability Company (Western Holdings) and Maricopa County through the Enterprise Technology. The purpose of this amendment is to extend the current agreement that is set to expire on or about June 16, 2019. This amendment is non-financial and is effective from June 15, 2019 until June 30, 2020. All other terms and conditions of the Agreement remain in full force and effect. Western Broadband, LLC, a Delaware Limited Liability Company, dba Orbital Communications, is a current Cable Television License holder in Maricopa County. Their service area is mainly the unincorporated community of Sun Lakes. Their 15 year license agreement is set to expire on June 16, 2019. The County and Orbital have been in discussions concerning license renewal for some time. Their current license agreement is in good standing and their franchise fee payments are current. As a license holder, Orbital pays the County a franchise fee that equals 5% of their gross revenues from traditional cable video services only. During this same period of time, the State of Arizona has passed legislation that will allow cable television companies to be regulated by the State instead of the local authorities. This has already taken place in incorporated cities and towns and appears to be making its way through discussions to be incorporated for counties. By extending this current license agreement, the County and Orbital can understand if the county legislation will pass at the state level. If it does, the County would no longer need to have a license agreement. The County will still collect franchise fees for us of the County's right-a-ways but no other authority would be required. It should be noted that with all of the deregulation of cable television companies through the past several years, the County has no real authority to regulate traditional cable Formal Meeting Minutes Wednesday, May 22, 2019 Page 27 of 57 television services at this time. (C-76-05-003-1-01) Motion to approve by Supervisor Sellers, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Finance - Finanzas 39. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 04/19/2019 through 05/02/2019, 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-06-19-466-7-00) Motion to approve by Supervisor Sellers, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Human Resources - Recursos Humanos 40. MARICOPA COUNTY EMPLOYEE LEAVE POLICY (HR2415) REVISION Approve a revision to the Maricopa County Employee Leave Policy (HR2415) effective May 22, 2019. This revision changes Recognition Leave to accommodate a variety of regular daily shifts; removes the requirement to submit a summary of annual Recognition Leave to the DCM/ACMs; clarifies that Bereavement Leave is prorated for eligible part-time employees; clarifies that employees summoned for jury duty and waiting for notification to report are not eligible for jury duty leave while waiting to call in; prevents employees from frontloading vacation time in the last pay period of the calendar year to cover vacation hours taken in January of the following year. This policy applies to all employees of Maricopa County elected offices and appointed departments as well as the Flood Control District of Maricopa County and the Maricopa County Library District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C- 06-18-393-6-00, approved on April 1, 2018. This policy does not apply to Elected Officials. (C-31-17-039-6-03) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Human Services - Servicios Humanos 41. EXPERIENTIAL EDUCATION PARTNERSHIP AGREEMENT WITH MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT Approve a non-financial Experiential Education Partnership Agreement (“Agreement”) with Maricopa County Community College District (“MCCCD”) and Maricopa County (“Agency”) administered by the Human Services Department, Early Education Division – Head Start program. Through this Agreement, MCCCD students will be provided with opportunities for all forms of learning or serving through off-campus experiences, including service learning, Formal Meeting Minutes Wednesday, May 22, 2019 Page 28 of 57 corporative education, internships, externships, and volunteering services with the Head Start program. This Agreement applies to all MCCCD “Colleges.” The Agreement effective date shall begin on June 1, 2019 and shall remain in place until terminated by either Party. Approval of this item will not impact the County General Fund. Supervisory District: All (C- 22-19-030-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 42. DATA SHARING AGREEMENTS WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR HUMAN SERVICES DEPARTMENT PROGRAM ACTIVITIES Approve three (3) non-financial Data Sharing Agreements (DSA) between Arizona Department of Economic Security (DES) and Maricopa County, administered by its Human Services Department. The Human Services Department (HSD) Divisions must access DES’ Arizona Technological Eligibility Computer System (“AZTECS”) database to determine client eligibility for HSD’s administered programs. DES requires a separate DSA for each division/program that must access DES’ database as funding and program services have different requirements. Each DSA is valid for 5 years from date of last approved signature unless something occurs to necessitate a new DSA be completed. Request approval and authorization for the Chairman to sign the following J-119 Single Division Data-Sharing Agreements: • 1775041 for Community Services Division • 1775044 for Housing and Community Development Division • 1775043 for Workforce Development Division HSD’s programs must conduct verification of eligibility before assistance can be provided by HSD program. HSD utilizes the results to determine if low-income individuals/families are eligible for programs administered by HSD. HSD conducts research in areas such as: Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance to Families (TANF), income of household members, Employment, Unemployment Compensation, Wages, Child Support or other State sponsored benefits, and U.S. Citizenship/lawful presence. Access to the DES database systems is critical to meeting contract performance. Supervisory District: All (C-22-19-031-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 43. AMENDMENT EXTENSIONS TO WORK EXPERIENCE AGREEMENTS Approve a template or substantially similar Amendment No. 1 to Work Experience Agreements (WEX) with local businesses that provide eligible program participants with Formal Meeting Minutes Wednesday, May 22, 2019 Page 29 of 57 opportunities to develop workplace skills in workplace settings. The local businesses referred to “Work Experience Training Partner” or “Partner”. The Agreements are non- financial and designed to enable program participants to establish a work history, demonstrate success in a work environment by developing skills that lead to unsubsidized employment. The template for Amendment No. 1 would allow for extensions to the Agreement term. The Agreements are subject to statutory language of A.R.S. §38-511 and incorporate the same by reference. In accordance with Workforce Innovation and Opportunity Act (WIOA) Title I- B regulations, Work Experience (WEX) opportunities are planned, structured learning experience that will contribute to the achievement of the participant’s employment goals through measurable training components that occur in a workplace setting for a specified period of time. A WEX may take place in the private for-profit sector, the non-profit sector, or the public sector. Also, request approval and authorization for the Human Services Department Director to sign Amendments these extension Amendments. This approval will allow for processing WEX Amendments and place program participants in training opportunities once Amendments are executed by the Parties. Prior to execution, all WEX agreements will be processed for approval by the Human Services assigned attorney and, when executed, will be submitted to the Clerk of the Board’s office for filing. By approving this item, local businesses currently engaged in WEX activities will continue to provide individuals with structured learning opportunities. The County, as a designated Local Workforce Development Area (LWDA) and is the recipient of U.S. Department of Labor WIOA funds. The Human Services Department through its Workforce Development Division Arizona@Work Maricopa County, administers WIOA program activities. The Workforce Development staff work to identify local businesses that are willing to have program participants in their worksites. WEX program participants will receive minimum wage during the hours they are actively involved in worksite training. Participants will be paid through the Staffing Services and Related Services Solutions Contract with ACRO Service Corporation, Serial 16111 RFP. Supervisory District: All (C-22-18-039-3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 44. APPLICATION TO THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A NON-FEDERAL SHARE WAIVER FOR THE EARLY HEAD START EXPANSION GRANT Approve the submittal of an application to the U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), Grant No. 09HP000105 for a Non-Federal Share Waiver. The Maricopa County Head Start program will request a reduction to the grant’s required Non-Federal Share (NFS). The current required NFS is $483,833. The application proposes to reduce NSF by $266,108.15 and if the reduction is approved the new NFS shall be $217,724.82. The reduced NFS is for the grant period of August 1, 2018 to July 31, 2019. If the application for this waiver is approved, the grant award will not be impacted and will remain at the current amount of $1,935,330 for the period of August 1, 2018 to July 31, 2019. Formal Meeting Minutes Wednesday, May 22, 2019 Page 30 of 57 Maricopa County was awarded the Early Head Start Expansion grant in March 1, 2017 through August 31, 2021 to expand the number and quality of learning opportunities for infants and toddlers through partnerships with Child Care providers. The Head Start program identifies NFS through the valuation of donated goods, and facilities and services provided by parents and community volunteers. Factors that impacted the NFS collection include: • Delay in opening a licensed classroom The Head Start's plan to generate sufficient NFS for the remainder of the grant period include: • Donation of use of a web-based portal for a 3 month period • Collection of discounts and expenses from Childcare Providers, which benefit program participants • Identifying services from Quality Rating system that is supporting child care partners (C- 22-17-060-G-06) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 45. ANNUAL ACTION PLAN FOR HUD FUNDED ACTIVITIES AND RECEIPT OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDS Approve the following items regarding the U.S. Department of Housing and Urban Development (HUD) funded activities: 1. Approve the FY 2019-2020 Annual Action Plan for U.S. Department of Housing and Urban Development (HUD) funded activities: Community Development Block Grant (CDBG); HOME Investment Partnerships Program (HOME); and Emergency Solutions Grant (ESG). The Annual Action Plan (AAP) identifies proposed projects to be undertaken in order to implement the FY 2015-2020 Five-Year Consolidated Plan. The AAP also includes the Maricopa HOME Consortium and the Maricopa Urban County Annual Action Plans FY 2019-2020 in year five under the Five-Year Consolidated Plan. Submittal of AAP is a HUD requirement. HUD notified the County of fund allocations for fiscal year 2019-2020. The AAP activities are based on the HUD allocations and prior year’s un-programed funds as well as prior year’s program income. Funds will be spent over multiple years per allowable regulations and may be reallocated if necessary and with input through the Citizen Participation Plan as approved by the Board of Supervisors. 2. Approve receipt of FY2019-20 HUD total funds in the amount of $7,574,322 allocated per program: • $2,989,846 Community Development Block Grant (CDBG) • $4,332,645 HOME Investment Partnerships Program (HOME) • $251,831 Emergency Solutions Grant (ESG) 3. Approve the receipt of HOME Consortium Program Income funds totaling $416,097.39 which was generated by prior year HUD agreements and activities. $16,028.99 of the program income was generated by Maricopa County and will be used on Maricopa County HOME projects, the remaining $400,068.40 was generated by the HOME Consortium and will be used on Consortium projects. The total HOME Consortium Grant FY 19-20 allocation includes $4,332,645 and $416,097.39 of program income from all Consortium members for a total of $4,748,742.39. Formal Meeting Minutes Wednesday, May 22, 2019 Page 31 of 57 4. Approve the expenditure of $374,205 in previously approved CDBG funds that were not allocated/un-programmed and will be utilized in FY19-20 program year projects. The total Urban County CDBG Grant FY 19-20 allocation includes $2,989,846 and $374,205 of prior year funds for a total of $3,364,051. 5. Approve the receipt of Program Income generated by the HUD funded agreements and activities in the amount not-to-exceed $500,000. Funding period of availability shall be July 1, 2019 through June 30, 2020. This program income shall be utilized for allowable programmatic and administrative activities. 6. Authorize the Human Services Department Director to submit the referenced plans and sign all documents related to the grant funds. Maricopa County is the recipient of annual, reoccurring, non-competitive HUD funding. The Human Services Department FY2020 approved provisional indirect cost rate is 22.2% of salaries and employee related expenses from the U.S. Department of Health and Human Services. The total grant funds are $7,574,322 of which $609,140 is for salaries and benefits. The total estimated indirect costs and fully recoverable are $135,229. ESG funds do not have salaries and benefits included in the grant award. Budget adjustments will be made when the Indirect rate costs has been fully negotiated and shall be retroactive to July 1, 2019. 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. The approval of this funding does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant A.R.S. §42-17105. The services provided by the grant funds are not mandated services but are a benefit to County residents by providing funding to communities that improve infrastructure and increase affordable housing. Receipt of the grant funds do not require match funds or future or ongoing contributions at the end of the funding availability period. Approval of this item shall not impact the County General Fund. The overall grant budget will be adjusted as necessary to accommodate this grant through a future grant reconciliation. Supervisory District: All (C-22-16-032-G-05) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 46. AMENDMENT TO LEASE AGREEMENT WITH 2150 COUNTRY CLUB, LLC Approve, and authorize the Chairman to execute non-financial Amendment No. 8 to Lease Agreement L-7330 between 2150 Country Club, LLC, an Arizona limited liability company, Lessor, and Maricopa County, Lessee, for leased space at 2150-1 S. Country Club Drive, Suite 7, Mesa AZ. This Amendment authorizes the County to make modifications to the front reception, lobby and waiting area at the leased Premises for the Human Services Department, Head Start office. Formal Meeting Minutes Wednesday, May 22, 2019 Page 32 of 57 The improvements are for ADA access into the Head Start office, remove glass barriers, replace flooring and paint the entry area. The changes will allow for ease of entry into building and greater mobility in the front office area. All work will be performed and manage by a Maricopa County contracted vendor under (Serial #14007 RFP). The modifications and improvements will be at the County sole cost and shall be funded by U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), (Grant No. 09CH010385/C-22-16-011-G-00). Supervisory District: 2 (C-22-03-110-4-11) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Parks and Recreation - Parques y Recreación 47. AMENDMENT TO IGA WITH YAVAPAI COUNTY Approve and authorize the Chairman to execute Amendment #1 to Intergovernmental Agreement (Agreement) between Maricopa County (Maricopa) and Yavapai County (Yavapai) (Amendment). This Amendment addresses revisions to the costs for Yavapai County’s Criminal Justice System and Maricopa County’s law enforcement occurring in Yavapai County within the Lake Pleasant Regional Park, as provided for in Section 2 and Section 3 (respectively) of the Agreement. Maricopa and Yavapai both acknowledge that Maricopa has not utilized Yavapai to provide the criminal justice system services as contemplated in the original Agreement since the 2011 revision to A.R.S. §22-301. Accordingly, payment of the annual flat fee under the initial Agreement, Section 2, ceased - as it was no longer properly due and payable. Maricopa and Yavapai wish to amend the Agreement to provide for payment for services at a predetermined rate, as they are actually rendered as of July 1st following the execution of this Agreement and thereafter as of July 1st of each fiscal year during which this Agreement remains in effect. As provided in, A.R.S. §22-301 as revised, Maricopa County law enforcement officers may now cite misdemeanors and criminal offenses punishable by a fine or imprisonment, which occur in Yavapai County with the Lake Pleasant Regional Park to Maricopa County Court System. All other provisions of the Agreement shall remain in full force and effect. This item is located in Supervisory District #4. (C-30-19-017-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 48. ADMINISTRATIVE PAYMENT CHANGES TO MARICOPA COUNTY EMPLOYEE ANNUAL PARK PASS DISCOUNT PROGRAM Approve administrative payment changes to the Maricopa County employee discount for the Maricopa County Parks and Recreation annual passes by eliminating the payroll deduction process in favor of a one-time yearly discount applied at the time the pass is purchased. The end cost to the employee remains unchanged. Originally approved in January 2012 (C-30-12-017-M-00), the Maricopa County employee discount for Maricopa County Parks and Recreation annual passes was set up via a payroll Formal Meeting Minutes Wednesday, May 22, 2019 Page 33 of 57 deduction. As the program has progressed, Parks and Central Payroll has been challenged with the administrative work associated with the set-up and tracking of these annual pass cards. Changing the payment process from a recurring payroll deduction to a one-time payment with an employee discount will significantly reduce the administrative workload associated with payroll deduction set-up and tracking. (C-30-12-017-M-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Procurement Services - Servicios de Adquisiciones 49. MARICOPA COUNTY ADMINISTRATION BUILDING RE-STACK (190035-ROQ) Approve and authorize the execution of Change Order #1 in an amount of $1,322,422.00, increasing the contract from $205,800 to $1,528,222.00 between Dekker Perich & Sabatini (Architects) and Maricopa County to add additional architectural and engineering services to existing contract for the Maricopa County Administration Building Re-Stack project. Services to include: additional design development, construction document services, and construction administration services. These additional services to be applied from design development phase through contract administration and project completion. (C-73-19-029- 5-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 50. AUTO BODY REPAIR; CARS AND LIGHT TRUCKS (190233-S) Approve the contract for award at an estimate of $1,600,000.00 over two (2) years until May 31, 2021 with four (4) additional years of renewal options. The effective date of the contract will be May 8, 2019. The purpose of the contract is to provide to Maricopa County a multi-vendor contract with qualified providers for automobile repair for County owned passenger cars and light trucks. This contract will cover all accident claims over one- thousand dollars per vehicle. However, the County may at its option choose to utilize this contract for vehicle repairs under one-thousand dollars. It is requested by the Risk Management that the Board of Supervisors approve the subject award to the Lowest Responsible Responsive Bidder as recommended. (C-73-19-027-3- 00) Courtesy Chevrolet GMPH One, Inc. DBA: Southwest Collision Formal Meeting Minutes Wednesday, May 22, 2019 Page 34 of 57 Ray Mobilia, Ace Auto Collision, is opposed to this item. He said he received a call from Kevin Tyne, Procurement Services, stating the Board was going to move forward on the bid for this item. He explained his opposition to the pricing in the accepted bid. Kevin Tyne, Director, Procurement Services, explained the bid from Ace Auto Collision was not a valid bid because they did not follow the full solicitation requirements as advertised. The requirements have not changed since previous bids when Ace Auto Collision was awarded the bid. He said Mr. Mobilia’s claims concerning pricing did not paint a complete picture of the new contract value. He stated the department recommends moving forward for approval. Chairman Gates asked Mr. Tyne to talk about any actions the County is going to be taking concerning any changes moving forward with this item. Mr. Tyne responded the County Manager has made clear the priority and the department will look into it. He noted this was a multi-award solicitation that would be awarded. This enables the department to make changes if they determine over the course of this year the value is not there. The County would be able to re-solicit this item and possibly go out for bids if the County needed additional vendors. Supervisor Hickman wanted to make sure the County was following procedure and not crippling local vendors. He stated Procurement Services answered his questions. Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Public Defense Services - Servicios de Defensa Pública 51. CORRECTION TO EXEMPTION FROM VEHICLE GOVERNMENTAL DECALS AND PLATES FOR OFFICE OF THE PUBLIC DEFENDER Correct the action taken on April 24, 2019, under agenda item C-52-19-002-M-00 to approve the issuance of non-governmental license plates and exemption from county markings for two 2019 Ford Focus. The vehicle make and model originally listed as 2019 Ford Focus should be corrected to 2019 Ford Taurus. (C-52-19-002-M-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 52. APPLY AND ACCEPT EDWARD J. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT/ DRUG ENFORCEMENT ACCOUNT BYRNE FUNDING Approve the application and acceptance of grant funds from the Edward J. Byrne Memorial Justice Assistance Grant/Drug Enforcement Account (DEA) in the amount not-to-exceed $280,000. The department budgeted $198,515 through the normal annual budget process. Notice of the final funding amount from the grantor should be received in July 2019. Grant funds will be used to partially fund the salaries of attorneys providing legal representation for defendants with drug related charges. The grant award supports mandated legal representation per the United States Constitution. The grant award is competitively pursued and other eligible agencies may or may not apply for this grant award. The grant award begins on July 1, 2019 and ends on June 30, 2020. The Public Defender indirect rate for FY2020 is 11.7%. Unrecoverable indirect costs are estimated to be Formal Meeting Minutes Wednesday, May 22, 2019 Page 35 of 57 $32,760. The grant award is reoccurring and has been awarded to the department for the past 29 years. The cost of the positions supported by this grant for FY2019-20 total $370,791. If awarded, the grant will cover up to $280,000 and the remaining amount (which includes the in-kind match requirement) will be absorbed by the department’s general fund budget. In the event that the department does not receive funding in future years, grant expenditures will be absorbed by the department’s general fund budget. Funding for this agreement is provided by a Grant from the Edward J. Byrne Memorial Justice Assistance Grant/Drug Enforcement Account (DEA). The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. (C-52-19-003- M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Public Health - Salud Pública 53. AMENDMENT TO IGA WITH ARIZONA BOARD OF REGENTS ON BEHALF OF THE UNIVERSITY OF ARIZONA FOR EPIDEMIOLOGY SERVICES Approve an amendment to the Intergovernmental Agreement (IGA) between the Arizona Board of Regents for and on behalf of the University of Arizona (UofA), Sponsored Project Services and Maricopa County by and through its Department of Public Health (MCDPH) to provide continued funding for epidemiology services by the U of A Student Aid for Field Epidemiology Response (SAFER) team, to MCDPH. The agreement amount is $134,000.00 for the year 2 budget period July 1, 2019 through June 30, 2020. The IGA term is July 1, 2018 through June 30, 2023. This IGA is exempt from procurement procedures pursuant to Section MC1-1001 of the Maricopa County Procurement Code. (C-86-18-071-3-01) Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 54. AMENDMENT TO CONTRACT WITH DIGNITY HEALTH FOR COMMUNITY HEALTH NEEDS ASSESSMENT REPORT Approve Amendment 6 to the Contract for services between Dignity Health and Maricopa County by and through its Department of Public Health (MCDPH), Office of Epidemiology (OE), in order to continue participating in the Community Health Needs Assessment (CHNA). OE will continue to provide a CHNA to Dignity Health locations. The contract is amended as follows: A. Coversheet, 3. Contract Amount is changed to an aggregate, not-to-exceed (NTE) total amount from $290,000.00 to $360,000.00 (increased $70,000.00 for the budget period July 1, 2019 through June 30, 2020); B. Coversheet, 6. Expiration Date is extended to June 30, 2020. (The Contract term cannot be extended beyond June 30, 2020.) Formal Meeting Minutes Wednesday, May 22, 2019 Page 36 of 57 The Department of Public Health’s FY 2018-19 indirect rate for fee fund is 12.1%; indirect costs are estimated at $7,556 all of which is fully recoverable. Fee for service 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 fee fund budget will be adjusted as necessary to accommodate these fees through a future reconciliation. Funding for these fees will be provided by the health clinics, hospitals, and other entities and will not affect the County general fund. (C-86-15-049-3-08) Motion to approve by Supervisor Sellers, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Real Estate - Bienes Raíces 55. SALE OF REAL PROPERTY TO THE CITY OF AVONDALE Approve and authorize the Chairman to execute a Purchase Agreement and Escrow Instructions, Special Warranty Deed, and all other required documents approved by legal counsel for the sale of County owned real property to the City of Avondale, without public auction pursuant to A.R.S. § 11-251. This item is located in Supervisor District 5. THIS ACTION REQUIRES UNANIMOUS CONSENT OF THE BOARD On June 13, 2018, the Maricopa County Board of Supervisors approved agenda item no. C-78-18-017-3-00 which declared APN 101-01-016 and APN 101-01-017 as excess to the County’s needs and approved the sale of the property. The City of Avondale agrees to pay one million, one hundred and fifty thousand ($1,150,000.00) dollars to purchase the parcel identified as APN 101-01-016 located adjacent to the Avondale City complex. Escrow will be opened after approval of this agenda by the Board of Supervisors and close of escrow shall occur no later than one hundred twenty (120) business days after the escrow opening date. The remaining parcel identified as APN 101-01-017 will be offered for sale by public auction, pursuant to A.R.S. § 11-251, at a later date. (C-78-19-017-3-00) Motion to approve by roll call vote made by Supervisor Gallardo, seconded by Supervisor Hickman The Clerk called the roll with the following result. Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 56. TERMINATION OF INTERGOVERNMENTAL AGREEMENTS Approve the Termination of Intergovernmental Agreements (IGAs) between Maricopa County and the City of Avondale and authorize the Chairman to execute all documents associated with the termination of the IGAs. This item is located in Supervisor District 5. The City of Avondale and Maricopa County have entered into several Intergovernmental Agreements (IGAs) associated with due diligence and land purchase activities for a Formal Meeting Minutes Wednesday, May 22, 2019 Page 37 of 57 proposed shared southwest regional government complex (reference numbers C70-02- 089-2-00/Recording Number 2002-0392449, C70-02-089-2-00/Recording Number 2002- 0392449, C-18-03-006-2-00/Recording Number 2002-11344429 and C18-03-028-2- 00/Recording Number 2003-0703121). Because the purpose of the IGAs have been fulfilled and/or the IGAs are no longer necessary, both parties desire to terminate the IGAs described above. The IGA’s referenced in this agenda will be terminated upon full execution of the Termination of Intergovernmental Agreements document. (C-78-19-016-3- 00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 57. AMENDMENT TO LEASE AGREEMENT AND AMENDMENT TO SUBLEASE AGREEMENT Approve and authorize the Chairman to execute Amendment No. 1 to Lease Agreement MC-10185 with Community Bridges, Inc., an Arizona non-profit corporation, as Lessee for continued use of the County owned facility at 358 East Javelina Avenue in Mesa, AZ as a behavior health triage facility; and approve and authorize the Chairman to execute Amendment No. 1 to a Sublease between Community Bridges, Inc. as Sub-lessor and United Food Bank, Inc. as Sub-lessee, now MC-10191, for United Food Bank’s continued use of space at the subject site. Amendment No. 1 to the Lease and Amendment No. 1 to the Sublease will each become effective upon execution and will extend the terms of the Lease and Sublease approximately three (3) years, from December 15, 2021 to December 31, 2024. Either the Lease or the Sublease may be terminated with 180 days’ prior written notice to the other party; however, the County, as Lessor, may not give notice to terminate the Lease or the Sublease and Community Bridges, as Sub-lessor, may not give notice to terminate the Sublease until on or after January 1, 2022. If the Lease is terminated the Sublease will also terminate via 180 days’ prior written notice. Amendment No. 1 to the Sublease also authorizes Sub-lessee, at Sub-lessee’s sole cost and expense, to construct certain improvements to the Sublet Premises. Both Lessee and Sub-lessee are responsible for all operational, maintenance and repair costs associated with use of the facility. Supervisory District: 2 (C-18-11-024-1-01) THIS ACTION REQUIRES UNANIMOUS CONSENT OF THE BOARD. Motion to approve by roll call vote made by Supervisor Chucri, seconded by Supervisor Sellers The Clerk called the roll with the following result. Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Risk Management - Gestión de Riesgos 58. TRANSFER OF RECYCLING PROGRAM AND ASSETS To facilitate the transfer of the recycling program from the Risk Management department to the Facilities Management department approve the following: 1. The sale of Risk Recycling assets totaling $124,965.58 from the Risk Management department to the Facilities Management department to be completed prior to June 30, Formal Meeting Minutes Wednesday, May 22, 2019 Page 38 of 57 2019 and approve the transfer of two Risk Recycling FTE’s from the Risk Management department to the Facilities Management department effective July 1, 2019. 2. A fund transfer of $124,965.58 from the General Fund (100) in the Facilities Management budget to the Risk Trust Fund (675) in the Risk Management budget. 3. An increase to the Risk Management (D750) Risk Trust Fund (675) Operating (OPER) revenue budget in the amount of $124,966. 4. An increase to the Non Departmental (D470) Non Departmental Grants (249) Operating (OPER) expenditure budget in the amount of $124,966. 5. Offsetting revenue and expenditure adjustments in Eliminations (D980) Eliminations Fund (900) Operating (OPER). Attached is a spreadsheet detailing estimated value of assets. (C-75-19-013-2-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Gates, Hickman, Gallardo ~ Chairman Gates recused himself and left the meeting ~ Transportation - Transportación 59. AGREEMENT WITH ROOSEVELT IRRIGATION DISTRICT (RID) FOR PALO VERDE ROAD BRIDGE REPLACEMENT PROJECT Approve the agreement provided by Roosevelt Irrigation District (RID) for the relocation of the check structure downstream of the bridge to upstream, and relocation of the on-bank delivery structures and related piping and appurtenances upstream of the bridge. This is for their engineering services and plan review, and post design costs associated with MCDOT project TT0549. Additional RID project costs include a fee for RID project administration, a RID License to construct fee, and the JOC construction costs. The Roosevelt Irrigation District has agreed to construct their own irrigation check structure and canal lining in order to relocate their facilities outside the County’s road improvement project limits. It is necessary to have this work completed during the scheduled 2019 canal dry-up period in order to ensure the scheduled road and bridge construction can take place during the scheduled FY 2020 construction date. Based on the final costs associated with the RID work, formal Board approval is necessary. Supervisory District No. 4 (C-64-19-175-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Sellers, Chucri, Hickman, Gallardo Recused: Gates ~ Chairman Gates returned to the meeting ~ 60. ANNEXATION BY THE CITY OF PEORIA: ORDINANCE 2019-05 Pursuant to A.R.S. §9-471(N), approve the annexation by the City of Peoria of County right-of-way within: Pinnacle Peak Road from 70th Avenue to 75th Avenue, in accordance with Ordinance No. 2019-05. Formal Meeting Minutes Wednesday, May 22, 2019 Page 39 of 57 (General Vicinity: Pinnacle Peak Road from 70th Avenue to 75th Avenue. Supervisory District No. 4) (C-64-19-170-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 61. SALE OF EXCESS PROPERTY TO GF PROPERTIES, LLC Approve the sale of excess property D22282-EX, to GF PROPERTIES, LLC an Arizona limited liability company for $300,000. GF PROPERTIES was the successful bidder at the April 10, 2019 public auction. MCDOT utilizes its Disposition Program on all excess properties to evaluate them for the best potential of sales or leasing, depending on current market information. This parcel was declared excess land on April 20, 2016 via agenda item C-64-16-100-M-00 and was sold at public auction at market value, as determined by appraisal. Once executed by all parties, the Purchase Agreement and Escrow Instruction & the Special Warranty Deed will be placed in escrow which is due to close on or before August 2, 2019. Supervisory District No. 4 (C-64-19-171-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 62. ADOPT A ROAD PROGRAM Approve and authorize the Maricopa County Department of Transportation to rebrand its current Adopt a Highway program, making it Adopt a Road, which will allow the program to be more distinctive to the Maricopa County transportation system and to develop procedures for the implementation of the program. The Maricopa County transportation system includes more than 21-hundred miles of paved arterial roadways and local streets. MCDOT has a direct interest in reducing litter on those roadways, and since 1990, has granted permission to individuals, families, and community organizations to adopt segments of the County roads deemed appropriate by the agency. Participating groups clean-up litter on those adopted segments at least two (2) times per year at no direct cost to the County. The groups are then acknowledged on recognition signs placed near the beginning of their adopted segment. Because the program is specific to the Maricopa County roadway system, and not the Arizona State highway system, MCDOT would like to rebrand the program from Adopt a Highway to Adopt a Road, separating it from any similar agency programs, and allowing MCDOT to promote and recruit more groups to participate in the County program. Supervisory Districts: All (C-64-19-180-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 63. NEW TRAFFIC CONTROLS ON BUSH HIGHWAY Approve new traffic controls (No Stopping, Standing, Parking Any Time) on unincorporated right-of-way at the following locations: Formal Meeting Minutes Wednesday, May 22, 2019 Page 40 of 57 1. A No Stopping, Standing, Parking Any Time Zone on Bush Highway from 0.90 miles south of Granite Reef Dam Road to 0.35 miles south of Granite Reef Dam Road (both sides). 2. A No Stopping, Standing, Parking Any Time Zone on Bush Highway from 1.10 miles west of Phon D Sutton Road to 0.90 miles west of Phon D Sutton Road (both sides). 3. A No Stopping, Standing, Parking Any Time Zone on Bush Highway from 0.40 miles west of Phon D Sutton Road to 0.20 miles west of Phon D Sutton Road (both sides). 4. A No Stopping, Standing, Parking Any Time Zone on Bush Highway from 0.15 miles west of Coon Bluff Road to 0.15 miles east of Coon Bluff Road (both sides). 5. A No Stopping, Standing, Parking Any Time Zone on Bush Highway from 0.70 miles west of Usery Pass Road to 0.50 miles west of Usery Pass Road (both sides). 6. A No Stopping, Standing, Parking Any Time Zone on Bush Highway from 1.55 miles west of Stewart Mountain Dam Road to .75 miles west of Stewart Mountain Dam Road. (Both Sides) This traffic control change is the result of a Traffic Engineering safety study conducted by MCDOT at the request of the Maricopa County Sheriff’s Office. Vehicles are parking on the shoulder of the road on the approach to the Central Arizona Project Canal Bridge which is at the crest of the hill. This causes safety issues due to limited sight distance for approaching vehicles and pedestrians crossing Bush Highway. This traffic control change is also the result of a Traffic Engineering safety study conducted by MCDOT and is supported by the Maricopa County Sheriff’s Office. Vehicles are parking in the road/shoulder areas to observe and take pictures of the horses within the crossing areas. This agitates the horses and causes them to become confused and aggressive. In the interest of public safety these signs are warranted. Supervisory District No. 2 (C-64-19- 179-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 64. NEW TRAFFIC CONTROLS ON AMELIA AVENUE Approve new traffic controls (No Parking 6:30 am To 10:00 am Monday Thru Friday School Days Only) on unincorporated right-of-way at the following locations: 1. A No Parking 6:30 am To 10:00 am Monday Thru Friday School Days Only Zone on Amelia Avenue from 180 feet east of 201st Ave to 815 feet east of 201st Avenue (north side only) 2. A No Parking 6:30 am To 10:00 am Monday Thru Friday School Days Only Zone on Amelia Avenue from 1255 feet west of 201st Avenue to 201st Avenue (north side only) 3. A No Parking 6:30 am To 10:00 am Monday Thru Friday School Days Only Zone on Amelia Avenue from 950 feet west of 201st Avenue to 660 feet east of 201st Avenue (south side only) 4. A No Parking 6:30 am To 10:00 am Monday Thru Friday School Days Only Zone on 201st Drive from 315 feet south of Amelia Avenue to Amelia Avenue (both sides) These new traffic controls are the result of a Traffic Engineering Study conducted at the Formal Meeting Minutes Wednesday, May 22, 2019 Page 41 of 57 request of the residents. Vehicles parked on Maricopa County right-of-way are causing obstructions to the traveling public. In the interest of public safety these signs are warranted. Supervisory District No. 4 (C-64-19-178-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 65. RESCIND TRAFFIC CONTROLS ON FREEDOM WAY Rescind existing traffic controls (Designated School Crossing) on unincorporated right-of- way at the following location: 1. A DESIGNATED SCHOOL CROSSING on Freedom Way 10 feet north of Whitman Drive (This rescinds the Designated School Crossing dated July 26, 2000) This agenda item is the result of an agreement between the Deer Valley Unified School District Superintendent, the Principal of Anthem Elementary School and the Maricopa County Department of Transportation to remove the existing Designated School Crossing and install a Multi-Way Stop at this intersection. Supervisory District No. 3 (C-64-19-177-M- 00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 66. CHANGE IN TRAFFIC CONTROLS AT COLBY STREET AND 54TH STREET Approve a change in traffic controls (All Way Stop) on unincorporated right-of-way at the following location: 1. An All Way Stop (from a Two-Way east/west Stop) at Colby Street and 54th Street (This partially rescinds the 54th Street Through Street resolution dated May 26, 1964). This traffic control change is the result of a Traffic Engineering safety study conducted by MCDOT at the request of the residents. After evaluating current traffic volumes, accident records and sight distance it was determined that warrants were met for a multi-way stop. Supervisory District No. 2 (C-64-19-181-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 67. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements, right-of-way documents, and relocation assistance for highway and public purposes as authorized by road file resolutions or previous Board of Supervisors’ action. (C-06-19- 483-7-00) A. BNSF Project #: TT0497 – Olive Ave (Citrus to Cotton) – Memorandum of (JR) Easement – BSNF Rail Company. Formal Meeting Minutes Wednesday, May 22, 2019 Page 42 of 57 B. MWD Project #: TT0497 – Olive Ave (Citrus to Cotton) – MWD Lateral 9 (JR) and Lateral 9 Sub lateral C – Easement – Maricopa County C. D23787 Project #: TT0562 – Olive Ave (Sarival Avenue to Reems Road) (WJ) Assessor’s Parcel #: 501-48-004G, 501-48-004T – Warranty Deed – Woolf Family Enterprises for the sum of $1,015,543.00 D. D23787 Project #: TT0562 – Olive Ave (Sarival Avenue to Reems Road) (WJ) Assessor’s Parcel #: 501-48-004G, 501-48-004T – Purchase Agreement – Woolf Family Enterprises E. D23787-1 Project #: TT0562 – Olive Ave (Sarival Avenue to Reems Road) (WJ) Assessor’s Parcel #: 501-48-004G, 501-48-004T – Temporary Construction Easement – Woolf Family Enterprises for the sum of $33,134.00. F. DD10868 Project #: TT0008 – Broadway and Verrado Assessor’s Parcel #: (MC) 502-46-013 – Warranty Deed – Arizona Public Service for the sum of $10.00. G. DD10868 Project #: TT0008 – Broadway and Verrado Assessor’s Parcel #: (MC) 502-46-013 – Purchase Agreement – Arizona Public Service Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 68. APPOINTMENT OF PUBLIC FIDUCIARY Pursuant to A.R.S. § 14-5601A and the Arizona Code of Judicial Administration Sec. 7- 202E(2)(d), approve, by Resolution, the appointment of Lina Garcia as the Maricopa County Public Fiduciary. The term of the appointment will be effective May 20, 2019. With this appointment, the current Interim Public Fiduciary Shawnie Patterson will return to her position as Fiduciary Supervisor in the Office of the Public Fiduciary. The Clerk announced an amendment to this item. Shawnie Patterson remains as designated principle while Ms. Garcia completes her licensing. Approval of this agenda item also appoints Lina Garcia to the position of Director of the Office of the Public Fiduciary. (C-94-19-012-9-00) Motion to approve with the amendment by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ ~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix, Formal Meeting Minutes Wednesday, May 22, 2019 Page 43 of 57 amenos que de otromodo notado~ Planning and Development - Planificación y Desarrollo 69. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the June 12, 2019 Board Meeting: (C-44- 19-110-M-00) MCP2018003 – RF Pipeline – MCP with Plan of Development – Dist. 4 Z2019017 – Enclave at Anthem Senior Living – SUP Major Amendment – Dist. 3 Z2018124 – Laborde Property – Zone Change – Dist. 2 Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Transportation – Transportación 70. ROAD FILE NO. A635 Set a hearing for June 26, 2019 for Road File No. A635 to Open and Declare the following described alignments into the County Transportation System. The Department of Transportation Director has recommended that Cooper Road from Alamosa Drive to Riggs Road be declared and accepted into the MCDOT road system. (General Vicinity: Cooper Road and Riggs Road and in Unincorporated Maricopa County. Supervisory District No. 1) (C-64-19-174-M-00) Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 71. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0091 Set a hearing for August 21, 2019 for Road File No. PAB-0091 to consider the request to abandon a portion of a Federal Patent Easement Number #1150302 lying in the Northwest quarter of Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of Yearling Road and 19th Avenue, and known as Assessor Parcels 210-11-003F and 210-11-003G. 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-64-19-173-M-00) Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri Formal Meeting Minutes Wednesday, May 22, 2019 Page 44 of 57 Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Environmental Services 72. MARICOPA COUNTY TRANSFER STATION FEE REVISIONS (ES-2019-001) Pursuant to A.R.S. §11-251.08, 11-251.13, and 36-184(B)(5), set a public hearing for July 31, 2019 to solicit comments and consider the adoption of proposed revisions to the Maricopa County Environmental Health Code to incorporate phased transfer station fee increases. Upon Board approval of this item, the fee increases will become effective 07/31/2019 and will occur in two phases. The first phase will begin 07/31/2019 and the second phase will begin 07/31/2020. The Maricopa County Board of Health (BOH) reviewed and discussed proposed revisions to transfer station fees (EROP Case ES-2019-001/Maricopa County Transfer Station Fee Revisions) at a public meeting held at 3:00 p.m. on Monday, April 22, 2019, at the Board of Supervisors Conference Room, 301 West Jefferson Avenue, 10th Floor, Phoenix, Arizona 85003. The attached Report to the BOH includes the fee changes and is also accessible at https://www.maricopa.gov/3563/Active-Regulatory-Process. Transfer station operational expenses have increased as a result of additional citizen demand, which in turn has caused a revenue deficit for Maricopa County Waste Resources and Recycling (MCWRR). To maintain compliance with A.R.S § 49-741, which requires providing or ensuring solid waste public facility services are available for citizens, MCWRR fee changes are proposed. (C-88-19-009-2-00) Motion to approve by Supervisor Sellers, seconded by Supervisor Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 73. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held August 8, 2018; February 25, 2019; March 27, 2019; April 5, 2019; April 10, 2019; and May 1, 2019. (C-06-19-458-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 74. 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-06-19-469-7-00) Name Warrant No Amount Dept/School Barbara A Bartlett 22603731 115.50 Elections Barbara A Bartlett 22607227 121.00 Elections Formal Meeting Minutes Wednesday, May 22, 2019 Page 45 of 57 Donald L Hill 2300756 244.91 Adult Probation Jason Marcotte 22571963 443.63 Human Resources Name Warrant No Amount Dept/School Gregory W Thompson 22646871 1,164.68 Sheriff Corey Jones 3700153289 287.72 Buckeye Union APS 3010018184 29,043.00 Transportation Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 75. 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-06-19-470-7-00) Name Warrant No Amount Department Dale Brandser 863233 1,934.30 Treasurer Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 76. CIVIL PENALTY APPEALS Approve the waiver of the civil penalty assessment applied pursuant to A.R.S. 42-12052 on the attached list of parcels for the 2018 Tax year. The notices required before such penalty may be enforced under that statute were returned by USPS as undeliverable, depriving property owners of the required notice of classification change and right to appeal. 1. Approve property owners' appeals of a civil penalty assessment, and direct the Assessor to waive the civil penalty. 2. Approve the related resolutions associated with waiving the civil penalty. 3. Direct the Treasurer to make conforming corrections to the property owners’ tax bills and send notifications of the change in tax liability. List of recommended parcels is attached and will be on file in the Clerk of the Board's Office in accordance with LAPR approved retention schedule (C-06-19-474-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 77. HEAD START MONTHLY REPORT Receive the Head Start report for March 2019 submitted by the Human Services Department. Report includes information on: (C-06-19-467-7-00) Program Enrollment Number of Children served with Disabilities Program eligible children on waitlist Funding Amount and Expenditures Meals served Formal Meeting Minutes Wednesday, May 22, 2019 Page 46 of 57 Parent education & Volunteer hours Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 78. PRECINCT COMMITTEEMEN Pursuant to A.R.S. §16-821, authorize the appointment and cancellation of appointment of Precinct Committeemen. List is on file in the Clerk of the Board’s Office and retained in accordance with ASLAPR approved retention schedule. (C-06-19-481-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 79. 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-06-19-476-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo 80. 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-06-19-479-7-00) 2017/2018: TX2017-001764; 2019: ST2019-000282; TX2018-000912; TX2018-001141 Motion to approve by Supervisor Hickman, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES Transportation A-1. MARICOPA COUNTY V. NORMAN MICHAEL HALE, CV2017-007513 Approve settlement of Maricopa County v. Norman Michael Hale, CV2017-007513, in the amount of $44,000 plus statutory interest. This item was heard in Executive Session on May 20, 2019. (C-64-19-184-S-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 22, 2019 Page 47 of 57 County Attorney A-2. FILE AN OFFER OF JUDGMENT IN COSENTINO V. ACRITELLI, ET AL., SUPERIOR COURT CV2017-056341 Authorize counsel to file an Offer of Judgment in the case of Cosentino v. Acritelli, et al., Superior Court CV2017-056341 as directed in Executive Session on May 20, 2019. (C-06- 19-480-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Human Services Department A-3. LEASE AGREEMENT WITH VALOR ON EIGHTH, LLC Approve, and authorize the Chairman to execute financial Lease No. L-7485 between Maricopa County (Lessee) and Valor on Eighth, LLC, a Wisconsin limited liability company registered to do business in Arizona (Lessor), for exclusive use of 1,535 square feet of office/classroom and playground space at the Valor on 8th housing complex located at 1001 East 8th Street, Tempe, AZ. This classroom and playground area will be utilized by the Head Start program to provide services to children ages 0-5 years. The Lease term is approximately sixty-two (62) months, commencing upon full execution by both parties to expire June 30, 2024, with an option to renew for two (2) additional five (5) year terms upon mutual consent. The County shall pay: $1.00 per year for Base Rent; $100 per month for utilities for the period from the effective date through June 30, 2020 and; $500 per month for utilities or the County’s Proportionate Share of the actual cost of utilities consumed, whichever is the lesser, for the period of July 1, 2020 to June 30, 2021, and from July 1, 2021 until the end of the lease term, the County shall pay the County’s Proportionate Share of the actual cost of utilities consumed. The Lessor authorizes the County to make modifications/improvements to the building structure and surrounding area as depicted in Exhibit “D”, to accommodate State Child Care Licensing requirements for the Head Start program. All work will be performed and manage by a Maricopa County contracted vendor under (Serial #14007 RFP). The modifications and improvements will be at the Lessee’s sole cost and shall be funded by U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), (Grant No. 09CH010385/C-22-16-011-G-00). Either Party may terminate the Lease via 90-day written notice to the other. Should Lessor terminate the Lease, Lessor shall reimburse County the amount paid for the Tenant Improvements prorated for the remaining months of the initial Term of the Lease. Approval of this Agreement will not impact the County general fund. Supervisory District: 1 (C-22-19-029-1-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 22, 2019 Page 48 of 57 Sheriff A-4. AMEND ACTION, RESCIND ACTION AND ADOPT MOU BETWEEN THE BOARD OF SUPERVISORS AND THE MARICOPA COUNTY SHERIFF'S OFFICE Amend action taken by the Board of Supervisors on January 30, 2019, by extending the deadline to May 28, 2019 for the Board of Supervisors and the Maricopa County Sheriff's Office (MCSO) to enter into a Memorandum of Understanding (MOU) that delineates the roles, responsibilities and expectations of all parties related to design, construction, and future operating and maintenance expenses involving a new MASH facility. (C-50-19-043- G-00 and C-50-19-043-G-01). Rescind action taken by the Board of Supervisors on February 27, 2019, to adopt a Memorandum of Understanding (MOU) between the Board of Supervisors and the Maricopa County Sheriff's Office (MCSO) (C-06-19-299-M-00). Adopt a Memorandum of Understanding (MOU) between the Board of Supervisors and the Maricopa County Sheriff’s Office (MCSO) that delineates the roles, responsibilities and expectations of all parties related to design, construction, and future operating and maintenance expenses involving a new MASH facility. The MOU includes the County’s forecasted financial obligation and options available to the Board in the event of insufficient funding received through private donations. Any gap in funding is to be garnered through donations via a non-profit organization with a qualified 501(c)(3) status. This item was heard in Executive Session on March 25, 2019. (C-06-19-299-M-02) Motion to approve by Supervisor Chucri, seconded by Supervisor Sellers Ayes: Sellers, Chucri, Gates, Gallardo Nays: Hickman MEETING RECESSED Chairman Gates recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Chairman Gates reconvened the Board of Supervisors. CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 81. 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.) 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 Formal Meeting Minutes Wednesday, May 22, 2019 Page 49 of 57 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.) Chairman Gates asked Jennifer Toth to come forward and have a photograph with the Board of Supervisors. Christine Wilson, resident, is a precinct committeeman in Scottsdale. She said Supervisor Chucri attended a meeting she was at and explained the differences in elections and how they were handled. She was made aware there is a possibility that some of the election duties might be taken away from the Recorder’s Office and reassigned under the Board of Supervisors. She said she was not pleased with how the 2018 elections were handled and she is concerned about voter fraud. She said she knows poll watchers who claim to have witnessed things that were not right. She asked her concerns be looked into to avoid these problems from happening again. Kathleen Angelos, resident, said she is a newly appointed committeeman in Scottsdale. She stated she wants the Board of Supervisors to take back the ballot integrity responsibilities for elections. She said she is concerned people might quit voting if the ballots are not handled properly. Ed Bufford, resident, stated he is a precinct committeeman and veteran and he thinks the Recorder is doing a good job. He had thought someone would contact him about animal licensing. He said licensing could be increased if volunteers went out in a friendly community service manner. He said he wanted to speak with someone about the law that does not allow a license to be issued without rabies documentation. He provided statistics about the number of animals denied a license because of the need for proof of rabies vaccinations. 82. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Sellers noted he and Supervisor Chucri attended the groundbreaking for the Gilbert public safety training facility. He said the Flood Control District has played a significant role in furthering the use of this property. He attended the grand opening of the light rail extension last weekend. He participated in the Fitness Walk with Supervisor Gallardo. He also attended the Women in Leadership Celebration and one of the women receiving an award was Camille Castillo, a good friend who is the Superintendent of the Chandler Unified School District. Supervisor Chucri apologize for not being present to congratulate those receiving service awards this morning and Jennifer Toth. He noted his son graduated from the 8th grade. He was in Chicago and talked about the future of the restaurant business. He said it is remarkable how well Arizona is doing. He said there is still going to be 18 more months of good growth in Maricopa County. He said statistics show that Maricopa County is growing 70% faster than the closest comparable county, Clark County, NV. He said it is Arizona Restaurant Week and encouraged everyone to go out to eat this week. He thanked Page Gonzales and Nicole Bendle for the excellent job they have done with the formation of IWDDs. Chairman Gates commented how exceptional the growth is in the County. He wished his Chief of Staff, Laura Etter, a happy birthday. He noted his oldest daughter graduates Formal Meeting Minutes Wednesday, May 22, 2019 Page 50 of 57 from high school on Saturday. The District 3 meeting was held in New River yesterday and he and Zach Schira were in attendance. Laura Etter met with the Arizona Department of Real Estate in that area as it relates to illegal lot splitting. He had a good meeting this morning with the Greater Phoenix Economic Council who had great insight on what is going on in the community. His next County Coffee will be held on June 6, 2019 in Sunnyslope at the North Mountain Brewery and his guest will be the new mayor of Phoenix, Kate Gallegos. Supervisor Hickman noted how important everyone’s kids are to them. He is looking forward to Supervisor Chucri’s son and his son attending school together. He also noted that former Supervisor Andy Kunasek’s son will be one grade ahead of his son and Supervisor Chucri’s son at the same school. He also noted his son will be in a championship baseball game tomorrow in Litchfield Park. He talked about Memorial Day and asked everyone to remember those who gave their lives for our freedoms. Supervisor Gallardo commended the tentative budget. He offered his congratulations again to Jennifer Toth and her accomplishment. He stated his baseball team did not make it to the championship, but they will be ready for next year. He announced he will be speaking at three graduations ceremonies this year. His office is going to work with the City of Phoenix again on water events for the summer. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _____________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, May 22, 2019 Page 51 of 57 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, May 22, 2019, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, District 1; Steve Chucri, District 2; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. F-1. RESOLUTION FOR DETENTION BASIN AT TOWN OF QUEEN CREEK EAST PARK SPORTS COMPLEX Adopt Resolution FCD 2019R001 for the Detention Basin at the Town of Queen Creek East Park Sports Complex (the PROJECT), authorizing the Director of the Flood Control District of Maricopa County to negotiate and prepare intergovernmental agreements and/or agreements with identified cost-share partners, other municipalities, agencies and others, as appropriate, for cost sharing, rights-of-way acquisition, design, construction, construction management and future operation and maintenance of the PROJECT, each of which agreements shall be subject to the ratification and approval of this Board. The PROJECT’S multi-use, regional detention basin and channel will provide 100-year flood protection. This Agenda Item impacts Supervisorial District 1. (C-69-19-029-6-00) Motion to approve by Director Sellers, seconded by Director Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo F-2. IGA FOR DETENTION BASIN AT THE TOWN OF QUEEN CREEK EAST PARK SPORTS COMPLEX Adopt Intergovernmental Agreement (IGA) FCD 2019A003 for the Detention Basin at the Town of Queen Creek East Park Sports Complex (the PROJECT), between the Flood Control District of Maricopa County (DISTRICT) and the Town of Queen Creek (TOWN). IGA establishes cost-sharing, rights-of-way acquisition, design, utility relocations, construction, construction management, and operation and maintenance responsibilities for the project. The PROJECT’S multi-use, regional detention basin and channel will provide 100-year flood protection. The cost sharing will be 50/50. The TOWN will be the lead project partner and will own and maintain the PROJECT. Agenda Item impacts Supervisorial District 1. (C-69- 19-030-3-00) Motion to approve by Director Sellers, seconded by Director Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo F-3. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meeting held on March 27, 2019. (C-06-19-471-7-00) Motion to approve by Director Sellers, seconded by Director Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 22, 2019 Page 52 of 57 F-4. 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. Rawhide Wash – GH PCN #: 122.01.30 – APN #: 212-08-126 – Right of Entry Agreement – Happy Valley Ranch Homeowners to Flood Control District of Maricopa County for the sum of $500.00 B. McMicken Dam – PM Project #: 202.02.31 – Item #:19-001-134N2W – Temporary Construction Easement – from Maricopa County Municipal Water Conversation District Number One to Flood Control District of Maricopa County. (C-06-19-484-7-00) Motion to approve by Director Sellers, seconded by Director Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _____________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, May 22, 2019 Page 53 of 57 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, May 22, 2019, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, District 1; Steve Chucri, District 2; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. L-1. PUBLIC HEARING FOR PROPOSED REVISION TO MARICOPA COUNTY LIBRARY DISTRICT FINES AND FEES SCHEDULE Convene the scheduled public hearing to consider and adopt the proposed revision to the Fines and Fees Schedule for the Library District, effective upon Board approval. The proposed revision is the elimination of overdue fines. All other fees remain unchanged. Proposed Fines and Fees Schedule 1. Non-resident Card Fee: $50.00/year; $25.00/6 months 2. Curiosity Card Fee (for computer use only): $5.00/month 3. Library Card Replacement Fee: $2.00 4. Material Replacement Fee: Cost of item lost or damaged 5. Material Processing Fee: $5.00 per item that is lost or damaged 6. Nonsufficient Funds Check Fee: $25.00 plus any bank fees 7. ILL Fee: $6.00/item received 8. Overdue Fines: i. Books, audio books, magazines, CDs: $0.20/day ii. DVDs, Blu- rays: $1.00/day iii. ILL: $2.00/day 9. Maximum Fines: The maximum overdue fine for a DVD is $10.00 per loan period. The maximum overdue fine for a book, magazine, or CD is $5.00 per loan period. (C-65-19-016-M-00) Chairman Gates explained this item was to remove late fees. The Library District is doing an incredible job and he believes people should be encouraged to read. Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo L-2. LEASE AGREEMENT WITH RECREATION CENTERS OF SUN CITY Approve and authorize the Chairman to execute new Lease Agreement L-7483 with Recreation Centers of Sun City, Inc., for Maricopa County Library District’s occupancy at the following two (2) locations: (“Premises 1”) Sun City Library, 16828 N. 99th Ave, Sun City, Arizona with 13,675 rentable square feet (RSF) of building space and (“Premises 2”) Fairway Library, 10600 W. Peoria Avenue, Sun City, Arizona with a combined 4,365 RSF for Rooms 143 and 144. This agreement, from time to time, will require administrative action including execution of documents. To carry out the intent of the Lease, the Director of the Maricopa County Library District, the Assistant County Manager for Maricopa County, and the Real Estate Director for Maricopa County each are hereby given the authority and charged with the responsibility for proper administration of this Agreement. This agreement continues a long-standing community relationship with Recreation Centers Formal Meeting Minutes Wednesday, May 22, 2019 Page 54 of 57 of Sun City, Inc. to provide library services to residents of the Sun City area. The lease term commences on July 1, 2019 and will expire June 30, 2024. The Agreement may be terminated pursuant to A.R.S. § 38-511 or for non-appropriation of funds. The Library District agrees to pay full service rent of Ten Dollars ($10.00) per year plus expenses for the installation and all recurring charges for telephone and internet services on the Premises. This new Lease Agreement combines and replaces two former leases, L-7452 (C-65-14- 051-M-00) which will expire June 30, 2019 and L-7412 (C-65-10-010-M-01) which will expire on June 30, 2020. (C-65-19-018-1-00) Motion to approve by Director Chucri, seconded by Director Hickman Director Hickman asked Jeremy Reeder to let Cindy Kolaczynski, County Librarian, know he appreciated this amendment placing the two libraries in Sun City under one umbrella. He also thanked the owner of the Wildlife World Zoo, Mickey Olson, who changed the entrance fees to “free child admission.” Ayes: Sellers, Chucri, Gates, Hickman, Gallardo L-3. TERMINATION OF LEASE Approve and authorize the termination of Lease Agreement L-7412 (Lease) between Maricopa County Library District (Lessee) and Recreation Centers of Sun City, Inc. (Lessor) and execute all necessary documents to terminate the Lease. The parties entered into Lease L-7412 for Maricopa County Library District’s occupancy of the Fairway Branch Library, 10600 W. Peoria Avenue, Sun City, Arizona, on December 16, 2009 (C-65-10-010-M-00) and subsequently amended to extend the term of occupancy through June 30, 2020 (C-65-10-010-M-01). The parties are mutually agreeing to terminate the Lease effective June 30, 2019 because Lease L-7412 is being superseded by lease agreement L-7483. The new lease is being processed via separate action. (C-65-10-010-M- 02) Motion to approve by Director Chucri, seconded by Director Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo L-4. AMENDMENT TO IGA BETWEEN MARICOPA COUNTY LIBRARY DISTRICT AND THE CITY OF LITCHFIELD PARK Approve and authorize Amendment No. 2 to the Intergovernmental Agreement G-30213 (“IGA”) between Maricopa County Library District (“District”) and the City of Litchfield Park (“City”) for the operation of a public library at 101 W. Wigwam Blvd., Litchfield Park, Arizona (“Premises”). City and District wish to exercise the second of two (2) five (5) year renewal options; clarify maintenance, insurance and termination provisions; and update the notice address for the Maricopa County Real Estate Department. The amendment is effective from July 1, 2019 and expires June 30, 2024. Upon approval by the Board of Directors, the IGA may be terminated by District or City at the end of any fiscal year due to non-appropriation of funds without any penalty or liability to City or District. If the agreement is terminated by either party, or expires, then District shall, within sixty (60) days from the termination date or expiration date, remove all of its personal property from the Premises and return the building to City in a good and clean condition that is as similar as possible to the condition of the building at the time of execution of the amendment to the IGA, normal wear and tear excepted. The IGA is also subject to termination by either District or City pursuant to the provisions of Arizona Revised Statutes §38-511, without any penalty or liability to City or District. (C-65-09-021-M-02) Formal Meeting Minutes Wednesday, May 22, 2019 Page 55 of 57 Motion to approve by Director Chucri, seconded by Director Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo L-5. DONATION TO THE LIBRARY DISTRICT FOR THE 2019 SUMMER READING PROGRAM Approve and accept 213 free child admission coupons donated by Wildlife World Zoo - totaling $4,579.50 ($21.50 per coupon) to be used for the MCLD 2019 Summer Reading Program. (C-65-19-017-D-00) Motion to approve by Director Chucri, seconded by Director Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo L-6. DONATIONS In accordance with County Policy A2508, accept the monthly donation report received from Library District (MCLD) for April 2019 in the amount of $6,757.16 (Non-Cash Value.) (C-06-19-465-7-00) Motion to approve by Director Chucri, seconded by Director Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo L-7. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District meeting held on March 27, 2019. (C-06-19-472-7-00) Motion to approve by Director Chucri, seconded by Director Hickman Ayes: Sellers, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _____________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, May 22, 2019 Page 56 of 57 STADIUM DISTRICT AGENDA AGENDA DEL DISTRITO DE ESTADIO The Board of Directors of the Stadium District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, May 22, 2019, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Jack Sellers, District 1; Steve Chucri, District 2; Steve Gallardo, District 5. Also present: Fran McCarroll, Official Record Keeper; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. S-1. ASSIGNMENT OF SUNS PARKING AGREEMENT TO AZPB LIMITED PARTNERSHIP Approve and direct the Maricopa County Stadium District Executive Director to execute the Assignment of Agreement between the Maricopa County Stadium District (the “District”) and AZPB Limited Partnership (“AZPB”) to transfer, assign and convey the District’s rights and obligations to AZPB under the Agreement for Use of Parking Garage at Chase Field (“Parking Agreement”). The Parking Agreement, dated August 23, 2017, between the District, AZPB, and Suns Legacy Partners, L.L.C. (“Suns”), outlines the use of 370 parking spaces in the Chase Field parking garage for the Suns’ employees. This Assignment Agreement shall release the District from all of its rights and obligations under the Parking Agreement. Under the Parking Agreement, the District is obligated to provide the Suns 370 parking spaces in the Chase Field parking garage, for which the Suns are obligated to pay a flat fee for their use. As Chase Field and its operations are under the sole control and responsibility of AZPB per the Binding Memorandum of Understanding dated May, 2, 2018 (“Binding MOU”), this Assignment of Agreement is necessary to properly release the District from the Parking Agreement and assign the District’s rights and responsibilities to AZPB in line with the Binding MOU. (C-20-19-009-M-00) Motion to approve by Director Gallardo, seconded by Director Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo S-2. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Stadium District meeting held on March 27, 2019. (C-06-19-473-7-00) Motion to approve by Director Gallardo, seconded by Director Chucri Ayes: Sellers, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 22, 2019 Page 57 of 57 MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _____________________________ Bill Gates, Chairman of the Board ATTEST: _______________________________ Fran McCarroll, Official Record Keeper