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Board Members Steve Chucri, Chairman, District 2 Bill Gates, Vice Chairman, District 3 Denny Barney, District 1 Clint Hickman, District 4 Steve Gallardo, District 5 County Manager Joy Rich "The mission of Maricopa County is to Clerk of the Board 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 101 Library District 105 Stadium District 106 Board of Deposit No Meeting Wednesday, August 01, 2018 9:30 AM Formal Meeting Minutes Wednesday, August 01, 2018 Page 2 of 105 1. INVOCATION - INVOCACIÓN Richard Sumner, Air Quality Division Manager, offered the invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Phil McNeely, Air Quality Director, led the assemblage in the Pledge of Allegiance to the flag. 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Arizona convened in Formal Session at 9:30 a.m., on Wednesday, August 1, 2018, in the Supervisors’ Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; and 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 Fudge, a senior female dog at the West Shelter. She is about 10 years old. There are just under 1,000 animals in the shelters right now. There have been a number of events held recently that have helped with some of the stress in the shelters. He acknowledged Safeway/Albertson’s and the Love Pup organization who after hearing of the overcrowding situation, donated 25,000 pounds of food for the animals. He stated the shelters use about 300 pounds of food a day. Fudge is available at the West Shelter located at 2500 W. 27th Avenue, Phoenix, AZ 85009. For more information please call 602-506-PETS or visit www.pets.maricopa.gov. Chairman Chucri acknowledged this would be the final meeting for MaryEllen Sheppard who has served Maricopa County for 37 years. He wished her the very best as she goes forward. Formal Meeting Minutes Wednesday, August 01, 2018 Page 3 of 105 PRESENTATIONS - PRESENTACIÓNES 5. CHILD SUPPORT AWARENESS MONTH AUGUST 2018 Approve and proclaim the month of August 2018 as Child Support Awareness month. (C- 06-19-012-M-00) Fran McCarroll, Clerk of the Board, read the following proclamation to the Board: PROCLAMATION CHILD SUPPORT AWARENESS MONTH AUGUST 2018 WHEREAS, Maricopa County desires to join the state of Arizona and the Nation in recognizing August as Child Support Awareness Month, and to reaffirm its commitment to strengthening Arizona’s families by providing child support services; and WHEREAS, Child Support Awareness Month salutes the diligent working parents who spend time with their children and who make regular child support payments to safeguard their children’s future; and WHEREAS, community partnerships serve children and families through a variety of programs and targeted resources, while encouraging individual responsibility and greater self-sufficiency; and WHEREAS, strengthening individuals and families with an emphasis on fiscal responsibility promotes the safety and well-being of children, provides stability, and provides opportunities to improve the lives of children; and WHEREAS, with state, local, and tribal child support programs, along with the legislature, and courts all rallying to improve collaborative efforts for families, an informed parent can help make the child support system work well; and WHEREAS, Maricopa County and the AZ Department of Economic Security, Division of Child Support Services, are committed to putting Arizona’s children first, and to serving Arizonans with excellence, respect, integrity and kindness; NOW THEREFORE, the Maricopa County Board of Supervisors hereby proclaims the month of August 2018 as CHILD SUPPORT AWARENESS MONTH. PASSED AND ADOPTED this 1st day of August, 2018. /s/ Steve Chucri, Chairman Maricopa County Board of Supervisors ATTEST: /s/ Fran McCarroll Clerk of the Board of Supervisors Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo PLANNING AND ZONING AGENDA Formal Meeting Minutes Wednesday, August 01, 2018 Page 4 of 105 AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN ***The Board of Supervisors will now consider matters related to Planning and Zoning*** CONSENT AGENDA - AGENDA DE CONSIENTA PZ-1. RINCON STORAGE ON CURRY Case #: Z2018026 Supervisor District: 1 Applicant/Owner: Jason Ottman / Jo’s Place LLC Request: Zone change from IND-2 to IND-2 Industrial Unit Plan of Development (IUPD) Site Location: Generally located approx. 310’ east of the intersection (SEC) of Scottsdale Rd. and Curry Rd. in the Tempe area Commission Recommendation: On 6/14/18, the Commission voted 7-0 to recommend approval of Z2018026 subject to conditions ‘a’ – ‘j’: a. Development of the site shall comply with the Site Plan entitled “RKAA Architects, Inc., Proposed Self Storage”, consisting of one (1) full-size sheet, stamped received May 2, 2018 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Rincon Storage, Curry Rd., Proposed Rezone from IND-2 to IND-2 IUPD”, consisting of 3 pages, stamped received March 29, 2018, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. 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. All driveways and parking areas shall be paved unless there is a dust control plan approved by the Maricopa County Air Quality Department (MCAQ). g. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. Formal Meeting Minutes Wednesday, August 01, 2018 Page 5 of 105 h. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. i. The following IND-2 IUPD standard shall apply: 1. Parking: 27 Standard and 2 ADA j. The IUPD overlay is applied to restrict the use of the site. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. (C-44-19-003-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘j’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-2. STORAGE AT ANTHEM, LLC Case #: Z2018041 Supervisor District: 3 Applicant/Owner: Stephen C. Earl, Earl, Curley and Lagarde P.C. / Storage at Anthem, LLC Request: Modification of conditions ‘l’ and ‘m’ of Special Use Permit (SUP) – Z2008025 for a facility including mini-storage, outdoor RV and boat storage along with truck rental in the C-O CUPD/PAD zoning district Site Location: Approximately 1,478’ north of the intersection (NWC) of Daisy Mountain Dr. and Gavilan Peak Pkwy. in the Anthem area Commission Recommendation: On 6/14/18, the Commission voted 7-0 to recommend approval of Z2018041 subject to conditions ‘a’ – ‘r’: a. Development of the site shall comply with the site plan entitled, “Anthem Self Storage”, consisting of 1 full-size page, dated July 24, 2017 and stamped approved ‘substantial conformance’, except as modified by the following conditions. b. Development of the site shall be in conformance with the narrative report entitled, “Minor Site Plan Amendment to Zoning Case Z2008025”, consisting of 2 pages, dated stamped approved on June 21, 2017, except as modified by the following conditions. c. Development of the site shall comply with the Landscape Plan entitled, “Americor Investment Grp. Self Storage Anthem, consisting of 1 full-size sheet, dated revised June 24, 2008, and date stamped received July 21, 2008, except as modified by the following stipulations. All trees shall be double staked when installed. d. A corrective plat or affidavit of correction will be required to change the location of the utility easement prior to issuance of a zoning clearance for the subject site. e. The applicant/owner will be required to process a minor land division of the 0.88 acre parcel within 30 days of BOS approval of the SUP case Z2008025. The stipulation is based upon the review completed by Drainage for the SUP application which excluded the 0.88 Formal Meeting Minutes Wednesday, August 01, 2018 Page 6 of 105 acre region. f. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. g. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. h. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. i. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of zoning clearance or Final Plat approval, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. j. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire Department servicing the site. k. The applicant or his successor shall obtain approval of any development plans from the Office of the Arizona State Fire Marshal prior to any construction. l. Major changes to the Site Plan and narrative report shall be processed as a revised application, with approval by the Board of Supervisors upon recommendation of the Planning and Zoning Commission. Minor changes may be administratively approved by the Planning and Development Department. Major changes to the project may require a new Citizen Participation Process as determined by the Planning and Development Department. m. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). n. Noncompliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. o. 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 stipulations. p. Storage units shall be leased for personal storage only and shall not be used for commercial purposes. q. Rental trucks shall be limited to two (2) and shall be parked out of external view. r. Propane tank shall be used for mini-storage unit and RV/boat storage lessees only. (C- Formal Meeting Minutes Wednesday, August 01, 2018 Page 7 of 105 44-19-004-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘r’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-3. LAKE PLEASANT 5000 Case #: DMP2018003 Supervisor District: 4 Applicant/Owner: Susan E. Demmitt, Gammage & Burnham PLC / Lake Pleasant 5000 Request: Modification of conditions ‘kk(2)’, ‘ll’, ‘mm’ to the Lake Pleasant 5000 Development Master Plan (ref. #DMP2005012 & DMP2012003) Site Location: North of State Highway 74 approx. between 187th Ave. and 211th Ave. in the Morristown area Commission Recommendation: On 6/14/18, the Commission voted 7-0 to recommend approval of DMP2018003 subject to conditions ‘a’ – ‘ll’: a. Development and use of the site shall comply with the narrative report titled Lake Pleasant 5000 Development Master Plan dated revised August 10, 2007 and stamped received August 13, 2007, consisting of 174 pages, as well as all appendices and all figures and tables except as modified by the following stipulations. b. Changes to the Lake Pleasant 5000 Development Master Plan with regard to use and intensity, or the stipulations approved by the Maricopa County Board of Supervisors, shall be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Commission. Revised applications shall be in accordance with the applicable Development Master Plan Guidelines, zoning ordinance, and subdivision regulations in effect at the time of amendment application. The Maricopa County Planning and Development Department may administratively approved minor changes to the Lake Pleasant 5000 Development Master Plan as outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of amendment. Non-compliance with the approved Lake Pleasant 5000 Development Master Plan, including the narrative report, maps, exhibits, or approved stipulations, constitutes a violation in accordance with the Maricopa County Zoning Ordinance. c. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of DMP2012003 which details the status of this project, including progress on obtaining necessary entitlements, licenses, and permits; compliance with the conditions of approval; compliance with the approved narrative report; compliance with the approved land use plan; and justification as to how the approved land use plan still represents appropriate land use planning for the property and unincorporated Maricopa County in accordance with the goals and policies in its comprehensive and applicable area plan. This report shall be scheduled for public hearing by the Maricopa County Board of Supervisors (Board), upon recommendation by the Maricopa County Planning and Zoning Commission (Commission), to consider whether the planning justification for this DMP is still present, and whether the land use designations associated with this DMP still represent appropriate and better long-term land use planning in accordance with the goals and policies of the Maricopa County Comprehensive Plan and applicable area plan. If the Formal Meeting Minutes Wednesday, August 01, 2018 Page 8 of 105 Board rescinds this DMP and reverts the current land use designations back to Proposed Open Space (0-1 du/ac), all entitlements associated with this project that were conditional pursuant to the Maricopa County Zoning Ordinance may also be considered by the Board, upon recommendation by the Commission, for reversion to the prior entitlements. In such an event, the comprehensive plan land use map, area plan land use map, and, as applicable, zoning map shall be altered to reflect Board action. d. Prior to approval of any zoning change for the Lake Pleasant 5000 Development Master Plan, the master developer shall enter into a development agreement with Maricopa County. Further, prior to approval of any zone change this development agreement shall be signed by both the master developer and the designated Maricopa County representative(s) and provided to the Maricopa County Planning and Development Department for public record. e. The Lake Pleasant 5000 master homeowners association shall be responsible for the maintenance and upkeep of all private roads, public open spaces and amenities; washes; parks; roadway median landscaping; landscaping within public rights-of-way; all pedestrian, bicycle, and multi-use paths; and other community amenities. f. Prior to approval of each final plat for the Lake Pleasant 5000 Development Master Plan, the master developer shall submit to the Maricopa County Planning and Development Department a landscape inventory and salvage plan which identifies and assesses the native vegetation within the development parcels, and which determines the preservation and disposition for each of the selected native vegetation. g. Concurrent with each preliminary plat application for the Lake Pleasant 5000 Development Master Plan, the master developer shall provide documentation as to how the preliminary plat complies with the Maricopa County Bicycle Transportation Plan. h. Concurrent with each preliminary plat application for the Lake Pleasant 5000 Development Master Plan, the master developer shall provide documentation as to how the preliminary plat complies with the Maricopa Regional Trail plan as applicable. i. All irrigation water supplied for common and open space areas and lakes shall be provided entirely by a renewable supply of water, such as treated effluent, surface water, or Central Arizona Project (CAP) water, within three years after issuance of the first building permit. Interim water for the purposes noted may be supplied by groundwater and shall comply with all Arizona Department of Water Resources regulations. Proof of conversion from groundwater to a renewable water supply shall be provided to the Maricopa County Planning and Development Department within the three year requirement. j. The total number of residential dwelling units for the Lake Pleasant 5000 Development Master Plan shall not exceed 8,500 residential units. To help ensure compliance, the cumulative number of dwelling units permitted to that point shall be identified on each preliminary and final plat. k. Until annexation of the entire Lake Pleasant 5000 takes place, the master developer shall notify all future residents that they are not located within an incorporated city or town, and therefore will not be represented by, or be able to petition a citizen-elected municipal Formal Meeting Minutes Wednesday, August 01, 2018 Page 9 of 105 government. Notification shall also state that residents will not have access to most municipally-managed services. Such notice shall be included on all plats, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC&Rs). l. Until such time that high school district organization takes place, notification shall be provided to future residents that they are not located within an organized high school district, and that high school students will have to attend a high school either in the Town of Wickenburg, the City of Surprise, or the City of Peoria. Such notification shall also identify which high schools have capacity and have agreed to accept students from the Lake Pleasant 5000 development, and identify the approximate distance to the respective high school. This notification shall be placed on all plats, be permanently posted on the front door of all home sales offices on not less than an 8½ x 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs). m. All park facilities shall be completed concurrent with any residential development within a respective parcel(s) as shown on each plat. Park facilities and amenities shall be identified on all applicable plats, and are subject to review by the Maricopa County Planning and Development Department. n. Not less than 1,889 acres shall be reserved for Dedicated/Non-Developable Open Space (DOS) in the locations depicted on the Land Use Display Plan and Exhibit #17. No development shall be allowed in such areas, and any disturbance in such areas is subject to approval by the Maricopa County Planning and Development Department. o. Not less than 233 acres shall be reserved for Recreational Open Space (ROS) land use in the locations depicted on the Land Use Display Plan and Exhibit #17. This includes a minimum 20-acre community park and three neighborhood parks at a minimum of 10 acres each, and 34 pocket/mini- parks in the general locations identified on Exhibit #18. Each of these pocket/mini-parks shall be a minimum of one acre in size. At the time of each preliminary plat submittal, the master developer shall include a description of the status of the cumulative ROS acreage completed with respect to the requirements outlined in this stipulation. Park facilities and amenities shall be identified on all plats, and a description of these facilities and amenities shall also be submitted with each applicable preliminary plat to the Maricopa County Planning and Development Department. p. Unless otherwise agreed to in writing by the applicable school district, not less than three school sites, each a minimum of 15 gross acres, shall be reserved for schools at the locations identified on the Land Use Display Plan and Exhibit #14.2. To help ensure compliance, at the time of each preliminary plat submittal the master developer shall include a description of the status of the required number and acreage referenced in this stipulation. The schools shall be completed concurrent with residential development in the applicable service area. Compliance shall be documented by the applicant and filed with the Maricopa County Planning and Development Department. q. Prior to approval of any preliminary plat for the Lake Pleasant 5000 Development Master Plan, the applicant shall provide the Maricopa County Planning and Development Department with the design guidelines referenced in the narrative report. r. Prior to any zoning change for the Lake Pleasant 5000 Development Master Plan, the applicant shall enter into a pre-annexation service agreement with the City of Surprise for wastewater service. This agreement shall be signed by both parties and provided to the Formal Meeting Minutes Wednesday, August 01, 2018 Page 10 of 105 Maricopa County Planning and Development Department. s. Prior to any zoning change for the Lake Pleasant 5000 Development Master Plan, the applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and Certificate of Convenience and Necessity (CC&N) from the Circle City Water Company demonstrating commitment to serve the entire Lake Pleasant 5000 Development Master Plan. t. Prior to any zoning change for the Lake Pleasant 5000 Development Master Plan, the applicant shall submit to the Maricopa County Planning and Development Department verification of approval by the Maricopa Association of Governments (MAG) of a 208 amendment as requested by the City of Surprise. u. Prior to any zone change for the Lake Pleasant 5000 Development Master Plan, the applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter from the Circle City/Morristown Fire Department demonstrating commitment to serve the entire Lake Pleasant 5000 Development Master Plan. The master developer shall also make arrangements for completion of all necessary fire stations concurrent with development in the applicable service area. The master developer shall provide written confirmation from the Circle City/Morristown Fire Department demonstrating compliance with this requirement and provided to the Maricopa County Planning and Development Department. v. Not less than 78 acres shall be reserved for Mixed Use Employment Centers in the locations depicted on the ‘Land Use Display Plan’ and Exhibit #14.2. To help ensure consistency with the Maricopa County Development Master Plan Guidelines for balanced land use, no residential or retail commercial uses are allowed in these parcels. At the time of each preliminary plat submittal, the master developer shall provide a written letter outlining the status of development of the Mixed Use Employment Centers with respect to the requirements outlined in this stipulation. w. No less than 100 acres shall be reserved for Mixed-Use in the locations depicted on the ‘Land Use Display Plan’ and Exhibit #14.2. To help ensure consistency with the Maricopa County Development Master Plan Guidelines for balanced land use, no less than (37%) of each Mixed-Use parcel shall be reserved for office employment uses that are consistent with those allowed in Maricopa County’s C-O zoning classification. This requirement is subject to the following conditions: a. With (37%) of each Mixed-Use parcel reserved for non-retail office employment uses, the remaining acreage of such parcel may be developed for other residential and retail commercial uses in advance of the non-retail office employment uses. If more than 37% of any Mixed-Use parcel is developed for non-retail office employment uses, equivalent acreage offsets (or other offsets calculated as set forth below or as determined by Planning and Development Department staff) for the portion of non-retail office employment uses in excess of 37% shall be applied in determining percentage of non-retail office employment uses in other Mixed-Use parcels. b. Determination of the percentage of land use on Mixed Use parcels may be calculated by one of the following: i. On the basis of acreage occupied by or reserved for non-retail office employment, residential, and retail commercial uses ii. On the basis of gross square feet of leasable space (retail commercial and non-retail employment uses) or lot space (residential) iii. On such other basis as may be determined and set forth in the required Development Agreement between Maricopa County and the master developer iv. On such other equitable basis as may be determined by Planning and Development Formal Meeting Minutes Wednesday, August 01, 2018 Page 11 of 105 Department staff, such as the following: 1. A determination that mid- to high-rise non-retail office employment development creates a high number of non-retail office employment jobs 2. A reduction of dwelling units in Lake Pleasant 5000 may decrease the number of non- retail office employment jobs required. 3. If one or both of such conditions exist, staff may adjust the 37 acres (37%) minimum requirement for non-retail office employment uses to no less than 25% administratively. x. At the time of each preliminary plat submittal, the master developer shall provide a written letter outlining the status of development of the Mixed-Use parcels with respect to the requirements outlined in stipulation x. y. Not less than three (3) acres shall be reserved to facilitate an emergency response station for the Circle City/Morristown Fire Department and the Maricopa County Sheriff’s Office to be located at the site identified on the Land Use Display Plan and Exhibit #14.2. Written confirmation from the Circle City/Morristown Fire Department and the Maricopa County Sheriff’s Office that the three acre site is sufficient to meet their emergency response needs shall be provided to the Maricopa County Planning and Development Department prior to any zoning change for the Lake Pleasant 5000 Development Master Plan. If additional emergency response stations are necessary or if the proposed site is requested by either agency to be relocated, the applicant shall process an amendment to this development master plan in accordance with Maricopa County’s Development Master Plan Guidelines. z. Prior to approval of the first final plat for the Lake Pleasant 5000 Development Master Plan, the applicant shall enter into an agreement with the Bureau of Land Management (BLM) regarding enclosure of and access from the Lake Pleasant 5000 Development Master Plan to adjacent BLM-administered lands. Such agreement shall be signed by both the applicant and the BLM and provided to the Maricopa County Planning and Development Department for public record. aa. The Lake Pleasant 5000 Development Master Plan shall be developed sequentially as identified on the phasing exhibit. bb. Development shall be prohibited on hillside slopes of 20% or greater unless approved by the Maricopa County Board of Supervisors. Building envelopes shall be used for any development on slopes of 15% or greater, in which no disturbance shall be allowed outside of such envelopes. On slopes greater than 15%, residential building height shall be limited to 20 feet and single-story; non-residential building height shall be limited to 25 feet. In those cases in which staff determines that one story construction would result in more visual disturbance to the local condition, staff may approve building heights through use of terraces or stories that better blend and engage the physical form of the slope itself. cc. At the time of each precise plan submittal, the applicant shall provide elevation plans and renderings which show the layout and design of all buildings, structures, and signs. dd. Prior to approval of any zoning change for the Lake Pleasant 5000 Development Master Plan, the applicant shall submit the cultural resources inventory, referenced as report number 04-1061 and dated January 17, 2004 as prepared by EnviroSystems Management, Inc. and included in the appendix, to the State Historic Preservation Office (SHPO) for review and comment. If warranted based on the survey results, SHPO may recommend that archaeological testing be performed to evaluate the potential impacts of development on cultural resources or to establish their eligibility for inclusion in the National or State Registers of Historic Places. If historic properties cannot be avoided by Formal Meeting Minutes Wednesday, August 01, 2018 Page 12 of 105 development activities, then SHPO may further recommend that a data recovery (excavation) program be implemented or that archaeological monitoring take place during construction. ee. Prior to approval of each preliminary plat for the Lake Pleasant 5000 Development Master Plan, the master developer shall submit to the Maricopa County Planning and Development Department a landscaping inventory and salvage plan which identifies and assesses the native trees and cacti within the parcels identified on the plat, and which determines the preservation/disposition for each of the selected native trees and cacti. ff. Prior to approval of any zoning change for the Lake Pleasant 5000 Development Master Plan, and within three (3) years from the date of DMP approval by the Board of Supervisors, the applicant shall secure written confirmation from the Arizona State Land Department (ASLD) that legal access across ASLD-administered land to the site is granted. Such written confirmation shall be provided to the Maricopa County Planning and Development Department. If such written confirmation cannot be secured within the three year requirement, this development master plan shall be scheduled for public hearing by the Maricopa County Board of Supervisors, upon recommendation by the Maricopa County Planning and Zoning Commission, to consider revocation of the adopted development master plan. gg. The following Drainage Administration stipulation shall apply: 1. The applicant and developer agree to employ retention basin bleed-off at a rate that does not exceed 2 cfs where the traditional percolation method is not possible and at a depth that will drain the retention basins within 36 hours. hh. The following Maricopa County Environmental Services Department stipulations shall apply: 1. Maricopa County Environmental Services Department support is predicated on the City of Surprise owning and operating the wastewater treatment facilities, and the Circle City Water Company owning and operating the water facilities. If either infrastructure system changes, then the approval of the Water and/or Sewer Master Plans may be voided, and support from the Maricopa County Environmental Services Department may also be voided. 2. Maricopa County Environmental Services Department requires that FINAL water and sewer master plans must be submitted, under application and fee, for review and approval prior to approval of the first preliminary plat. ii. The following Flood Control District of Maricopa County stipulations shall apply: 1. At the time of preliminary plat, all watercourses over 50 cfs shall be delineated as floodplain, and must be shown as such on all preliminary plats. 2. All structures within the future delineated floodplain shall be one (1) foot above the encroached water surface elevation, which will need to be determined by a floodplain delineation. All structures within the floodplain will require a Floodplain Use Permit. jj. The following Maricopa County Sheriff’s Office stipulation shall apply: 1. Prior to any zoning change for the Lake Pleasant 5000 Development Master Plan, the master developer shall enter into a development agreement with the Maricopa County Sheriff’s Office. This development agreement shall include, but not necessarily be limited Formal Meeting Minutes Wednesday, August 01, 2018 Page 13 of 105 to, the master developer’s requirement to donate at no cost to the county for use by the Maricopa County Sheriff’s Office separate office space (the size to be determined in the required development agreement) for an on-site law enforcement building(s) for the Sheriff’s Office to conduct day-to-day business related to providing law enforcement services to the Lake Pleasant 5000 Development Master Plan and surrounding areas. The office space, complete with tenant improvements per Maricopa County Sheriff’s Office requirements, and associated parking shall be provided no later than two (2) years from the opening of the first model home complex within the DMP, or as agreed to in the development agreement. This development agreement shall also include, but not necessarily be limited to, the master developer’s requirement to pay for start up costs and interim fees for law enforcement services associated with the property unless it is annexed into a municipality or until a full law enforcement service contract is otherwise implemented. This development agreement shall be signed by both the master developer and the Maricopa County Sheriff’s Office and provided to the Maricopa County Planning and Development Department for public record kk. The following Maricopa County Department of Transportation stipulations shall apply: 1. The Applicant has provided a Traffic Impact Study (TIS). The TIS must be approved before subsequent approval of any roadway improvement plans. The TIS shall be updated prior to any zoning approvals and/or final plat approvals and with each development phase to reflect current conditions and any changes to the development plan. The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The TIS shall address the timing, including “trigger” points for when design should begin, and “thresholds” by which time construction should be complete. The project must comply with all recommendations in the MCDOT-approved TIS. 2. The Development Agreement shall be executed prior to any zoning (rezoning) or preliminary plat approval. The Development Agreement shall be an enforceable contract, regardless of annexation. 3. The Applicant shall provide the ultimate full or half-width of right-of way for all public roadways, consistent with the Maricopa County Major Streets and Routes Plan or as otherwise approved by MCDOT. Right-of-way shall be provided as follows: A.) All arterial roads (principal and minor): 130 Feet B.) All major collector roads: 80 Feet C.) All minor collector roads: 60 Feet The above references interior and perimeter roads. (The project boundary is the centerline of all perimeter roadways and/or roadway alignments.) Full-width right-of-way shall be provided where the entire roadway is within the development (interior roadways). Half- width right-of-way shall be provided where “half” of the roadway is within the development (perimeter roadways). Additional right-of-way shall be dedicated at any intersections where future dual left turn lanes are possible. The widened right-of-way section shall accommodate the length of the left turn lane, including reverse curves. 4. The Applicant shall be responsible for design and construction of the ultimate full-width of all interior roadways, and the ultimate half-width of all perimeter roadways, unless approved otherwise by MCDOT. All roadways must meet county standards in effect at the time they are improved. Half-width roadways must be designed so as to safely carry two- way traffic until the ultimate roadway is constructed. Roadway improvement plans must be approved and permitted by MCDOT. The Applicant shall relocate well site(s) and/or provide additional right-of-way, as approved by MCDOT, in the event of conflict with any Formal Meeting Minutes Wednesday, August 01, 2018 Page 14 of 105 transportation facilities. 5. With regard to the provision of access to and from the DMP project, the Applicant shall provide a minimum of two access points to each development phase and/or subdivision unit: • At least one of the two access points shall be paved, all-weather access at the time of the opening of the first sales models of such phase and/or subdivision unit. Such access point shall be the primary access. • The secondary access is not required to be paved nor all-weather access until warranted by a TIS. 6. The Applicant shall not locate elementary or middle schools on arterial roads. (The schools may not “back up” to arterials.) Pedestrian routes to school shall be planned so if necessary, the route to school shall only cross arterials at signalized intersections. 7. The Applicant shall design the development to promote pedestrian, bicycle and other alternative modes of transportation to public (including commercial) facilities within and adjacent to the site, by means in addition to the roadway system. Crossings of arterials at other than signalized intersections may be required to be grade separated. The Applicant shall prepare a comprehensive multimodal transportation and circulation plan (the “Multimodal Plan”) which addresses public transit, bicycle, pedestrian, golf cart, trail, equestrian, and other alternative uses. The Multimodal Plan must be approved before the subsequent approval of any roadway improvement plans. 8. If streetlights are provided, installation shall be provided by the Applicant. If streetlights are within public rights-of-way, a Street Light Improvement District (SLID) or comparable authority shall be established to provide operation and maintenance. The Applicant should contact the Office of the Superintendent of Streets (602-506-8797) to initiate the SLID process. 9. The Applicant shall design landscaping to comply with all county requirements and to conform to the MCDOT Roadway Design Manual, Chapter 9. The Applicant (or as assigned to the Home Owner’s Association (HOA)) shall be responsible for maintenance of landscaping within public rights-of-way within the DMP area (not within the State Trust Land). If the Applicant chooses to construct landscaping within the State Trust Land, the Applicant or some party other than Maricopa County shall maintain same. 10. The Applicant shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 11. The Applicant shall comply with all applicable local, state and federal requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.) 12. The Applicant shall consult with ADOT (Prescott District) regarding access and improvements to SR 74. The Applicant shall provide written documentation of ADOT’s approval and requirements. 13. The Applicant shall provide (or document existing) right-of-way and construct new improvements along “211th Avenue” and “198th Avenue” from the project boundary to SR 74. It is assumed that one of these alignments will serve as all-weather access to the project and that the other will serve as unpaved secondary/emergency access. The secondary/emergency access route shall be monitored for air quality and appropriate mitigation measures shall be taken as necessary. No connection from/to SR74 and LP5K other than 198th Avenue and 211th Avenue shall be required so long as the maximum Formal Meeting Minutes Wednesday, August 01, 2018 Page 15 of 105 density for LP5K as set forth in this DMP is not exceeded. 14. The Applicant shall consult with the City of Surprise regarding transportation issues. The Applicant shall provide written documentation of Surprise’s comments. ll. The property owner and their successors waive claim for dimunition in value if the County takes action to rescind approval of this development master plan due to non- compliance with any of the approved stipulations or other conditions of approval. (C-44-19- 005-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘ll’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-4. HASSAYAMPA RANCH Case #: DMP2018004 Supervisor District: 4 Applicant/Owner: Susan E. Demmitt, Gammage & Burnham PLC / Hassayampa Ranch Phoenix ASLI V LLP Request: Modification of conditions ‘gg’ and ‘ii’ to the Hassayampa Ranch Development Master Plan (ref. #DMP2016001, DMP2011001 & DMP2005007) Site Location: North of Indian School Rd. alignment, south of Bethany Home Rd. alignment, west of 323rd Ave. alignment, and east of 343rd Ave. alignment Commission Recommendation: On 6/14/18, the Commission voted 7-0 to recommend approval of DMP2018004 subject to conditions ‘a’ – ‘kk’: a. Development and use of the site shall comply with the narrative report titled “Development Master Plan for Hassayampa Ranch” dated revised October 27, 2006 and stamped received November 1, 2006, consisting of 93 pages, all appendices, and all figures and tables except as modified by the following stipulations. b. Changes to the Hassayampa Ranch Development Master Plan with regard to use and intensity, or the stipulations approved by the Maricopa County Board of Supervisors, shall be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Commission. Revised applications shall be in accordance with the applicable Development Master Plan Guidelines, zoning ordinance, and subdivision regulations in effect at the time of amendment application. The Maricopa County Planning and Development Department may administratively approve minor changes to the Hassayampa Ranch Development Master Plan as outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of amendment. Non-compliance with the approved Hassayampa Ranch Development Master Plan, including the narrative report, maps, exhibits, or approved stipulations, constitute a violation in accordance with the Maricopa County Zoning Ordinance. c. The master developer shall make arrangements for completion of all necessary fire stations concurrent with development in the applicable service area. Compliance shall be documented by the fire district/service provider and filed with Maricopa County. Formal Meeting Minutes Wednesday, August 01, 2018 Page 16 of 105 d. The master developer shall submit a written report every 5 years from the date of Board of Supervisors approval of DMP2016001. The status report shall include a description of compliance with the conditions of approval of DMP2016001. The status report shall also include location of approved construction, the total number of units permitted and platted, locations of developed parcels, location of parcels under construction, location of parcels sold to other developers, status of infrastructure development, current project density using both constructed and approved devilling units, location of any amendments made to the master plan, the status and ration of non-residential property, and such other information as may be reasonably requested by the Maricopa County Planning and Development Department. This report shall be reviewed by staff to determine whether the project remains in compliance with the approved conditions, or whether to schedule the matter for review by the Commission for recommendation to the Board. This condition shall remain in effect until all final plats have been approved for this development. e. Prior to approval of any zoning change, the master developer shall enter into a development agreement with Maricopa County. Further, prior to approval of any zoning change this development agreement shall be signed by both the master developer and the designated Maricopa County representative(s) and provided to the Maricopa County Planning and Development Department for public record. f. The Hassayampa Ranch master homeowners association shall be responsible for the maintenance of all private roads; public open spaces and amenities; washes; parks; roadway median landscaping; landscaping within public rights-of-way; all pedestrian, bicycle, and multi-use paths; and other community amenities. g. Concurrent with each preliminary plat application, the master development shall provide documentation as to how the preliminary plat complies with the Maricopa Regional Trail plan. h. Concurrent with each preliminary plat application, the master developer shall provide documentation as to how the preliminary plat complies with the Maricopa County Bicycle Transportation Plan. i. All irrigation water supplied for common and open space areas and lakes shall be provided entirely by a renewable supply of water, such as treated effluent, surface water, or Central Arizona Project (CAP) water, within three years after issuance of the first building permit. Interim water for the purposes noted may be supplied by groundwater and shall comply with all Arizona Department of Water Resources regulations. Proof of conversion from groundwater to a renewable water supply shall be provided to the Maricopa County Planning and Development Department within the three year requirement. j. The total number of residential dwelling units for the Hassayampa Ranch Development Master Plan shall not exceed 5,707 residential units. To help ensure compliance, the cumulative number of dwelling units permitted to that point shall be identified on each preliminary and final plat. k. The Hassayampa Ranch Development Master Plan is subject to all Maricopa County Standards and regulations in effect at the time of zoning and platting. l. All future zoning change applications for non-residential development require a Planned Development (P.D.) overlay. m. The master developer shall be responsible for the installation of all major elements of infrastructure in accordance with the Maricopa County standards in effect at the time of Formal Meeting Minutes Wednesday, August 01, 2018 Page 17 of 105 platting. n. The master developer shall provide neighborhood access to commercial and mixed use parcels via open space, pedestrian paths, bicycle paths, or other non-arterial street connections. Such access shall be identified on all plats and precise plans of development. o. Each mixed-use center development providing over 50 parking spaces shall assign at least 10 percent of the spaces to priority parking for car pools. Such spaces shall be identified on all precise plans of development. p. Unless otherwise agreed to in writing by the applicable school districts, not less than two (2) elementary schools, totaling 26.4 acres, shall be reserved in the locations and of the sizes identified on the Hassayampa Ranch Development Master Plan land use plan. To help ensure compliance, at the time of each preliminary plat submittal the master developer shall include a description of the status of the required number and type of schools and acreage referenced in this stipulation. Elementary Schools are prohibited from fronting on arterial streets. q. The master developer shall notify all future residents that they are not located within an incorporated municipality, and therefore will not be represented by or be able to petition a citizen-elected municipal government. Notification shall also state that residents will not have access to municipally-managed services such as police, fire, parks, water, sewer, libraries, and refuse collection. Such notice shall be included on all final plats, be permanently posted on the front door of all home sales offices on not less than an 8½ by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC&Rs). r. Prior to approval of the first final plat, the master developer shall establish Covenants, Conditions, and Restrictions (CC&Rs) for the Hassayampa Ranch DMP. These CC&Rs shall include age restrictions as outlined in the narrative report referenced in stipulation ‘a.’ It shall be the responsibility of the Homeowner’s Association to enforce these restrictions. Failure to comply with this stipulation will be considered substantial non-compliance with this DMP as referenced in stipulations ‘a’ and ‘b’ and grounds for the Maricopa County Board of Supervisors, upon recommendation by the Maricopa County Planning and Zoning Commission, to consider revoking the approved development master plan and any associated zoning changes. s. All park facilities shall be completed concurrently with residential development within the respective parcel(s) shown on each plat. Park facilities and amenities shall be identified on all applicable plats, and are subject to review by the Maricopa County Planning and Development Department. t. Not less than 364 acres shall be reserved for Recreational Open Space land use in the locations depicted on the Hassayampa Ranch Development Master Plan land use plan. This includes no less than 52 acres for neighborhood parks and community recreation centers, and a minimum of 38 mini/pocket parks at a minimum of one acre each. At the time of each preliminary plat submittal, the master developer shall include a description of the status of the cumulative Recreational Open Space acreage completed to that point with respect to the requirements outlined in this stipulation. A description of the types of recreational amenities that will be included in the Recreational Open Space shall also be submitted with each applicable preliminary plat to the Maricopa County Planning and Development Department. u. Not less than 412 acres shall be reserved for Dedicated/Non-Developable Open Space in the locations depicted on the Hassayampa Ranch Development Master Plan land use Formal Meeting Minutes Wednesday, August 01, 2018 Page 18 of 105 plan. At the time of each preliminary plat submittal, the master developer shall include a description of the status of the cumulative Dedicated/Non-Developable Open Space set aside to that point with respect to the requirements outlined in this stipulation. No development shall be allowed in these areas, and any disturbance to such areas is subject to approval by the Maricopa County Planning and Development Department. v. Not less than two community recreation centers, 2.7 and 6.6 acres respectively, shall be reserved at the locations identified on the Hassayampa Ranch Development Master Plan land use plan. w. The Hassayampa Ranch Development Master Plan shall be developed sequentially as identified on the phasing exhibit. All parcels depicted on this exhibit as “Active Adult” shall be age-restricted, and shall include no less than 1,971 of the 5,707 total residential units allowed. To help ensure compliance, the cumulative number of age-restricted dwelling units permitted to that point shall be identified on each preliminary and final plat. x. Prior to any zoning change, the applicant shall provide the Maricopa County Planning and Development Department with a “will serve” letter for fire protection from the Tonopah Valley Fire District or another qualified public or private service provider demonstrating commitment to serve the entire Hassayampa Ranch Development Master Plan. y. Not less than 40.8 acres (or equivalent measurement) shall be reserved for Mixed-Use land uses. To help ensure consistency with the Maricopa County Development Master Plan Guidelines for balanced land use, no less than 30 of the 40.8 acres (or equivalent measurement) shall be reserved for non-residential and non-retail commercial uses. At the time of each preliminary plat and precise plan submittal for the applicable parcels, the master developer shall include a description of the status of the cumulative acreage of the non-residential and non-retail commercial uses completed to date as required per this stipulation. z. Not less than 27.1 acres shall be reserved for a Community Retail Center. To help ensure consistency with the Maricopa County Development Master Plan Guidelines for balanced land use, no less than ten (10) of the 27.1 acres shall be zoned C-O. At the time of each precise site plan submittal for the applicable parcels, the master developer shall include a description of the status of cumulative acreage of C-O zoned to date as required per this stipulation. aa. Not less than 4 acres shall be reserved to facilitate an emergency response station for the fire district and the Maricopa County Sheriff’s Office to be located at the site identified on the land use exhibit. Written confirmation from the Tonopah Valley Fire District (or selected fire service provider) and the Maricopa County Sheriffs Office that the 4 acre site is sufficient to meet their response needs shall be provided to the Maricopa County Planning and Development Department prior to any zoning change. If additional emergency response stations are necessary or if the proposed site is requested by either agency to be relocated, the applicant shall process a major amendment to this DMP which is subject to Board of Supervisors approval. bb. Prior to any zoning change, the applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and an approved certificate of convenience and necessity (CC&N) from Global Water Resources which demonstrates a willingness and capability to serve the entire Hassayampa Ranch Development Master Plan. cc. The applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and verification of approval by the Maricopa Association of Governments (MAG) of a 208 Amendment from Global Water Resources. The “will serve” Formal Meeting Minutes Wednesday, August 01, 2018 Page 19 of 105 letter shall demonstrate a willingness and capability to serve the entire Hassayampa Ranch Development Master Plan with wastewater service. The required MAG 208 amendment shall be approved by MAG prior to any zoning change. dd. Development shall be prohibited on hillside slopes of 20% or greater slope unless approved by the Maricopa County Board of Supervisors. Building envelopes shall be used for any development on slopes of 15% or greater, in which no disturbance shall be allowed outside such envelopes unless approved by the Maricopa County Board of Supervisors. ee. Prior to approval of each preliminary plat, the master developer shall submit a landscaping inventory and salvage plan which identifies and assesses the native trees and cacti within the applicable platted parcels, and which determines the preservation/disposition for each of the selected native trees and cacti to the Maricopa County Planning and Development Department. ff. The following Maricopa County Department of Transportation stipulations shall apply: 1. The applicant shall provide a Traffic Impact Study (TIS) prior to the first final plat approval and with each development phase to reflect current conditions and any changes to the development plan. The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The TIS must be approved before subsequent approval of any roadway improvement plans. Additional lane capacity on offsite alignments will be reviewed with each resubmittal of the TIS. The project must comply with all recommendations in the MCDOT-approved TIS. 2. The applicant shall design, construct, and install the transportation infrastructure necessary to serve the property as demonstrated by any TIS submitted by the applicant and approved by MCDOT pursuant to item1 above, and as further detailed within a Development Agreement between the applicant and Maricopa County. The Development Agreement shall be an enforceable contract, regardless of annexation. 3. The applicant shall provide the ultimate full or half-width of right-of-way for all public roadways as follows: A. Bethany Home Road: 65 feet (entire north boundary of project) B. Camelback Road: 100 feet and 200 feet C. Indian School Road: 65 feet D. 343rd Avenue: 65 feet E. 339th Avenue: 200 feet (the applicant shall dedicate 200 feet of right-of-way for 339th Avenue from Camelback Road to Bethany Home Road. Compensation for any dedication in excess of the 130 feet may be credited toward the developer’s contribution. The applicant shall reserve an additional 100 feet of right–of-way on the west side of the 200 feet of right-of-way for 339th Avenue [the “Reserved Area”] for possible expansion of 339th Avenue for freeway purposes. Said reservation shall remain until December 31, 2007 [the “Reservation Period”]. During the Reservation Period, the Reserved Area may not be developed for any use except utilities, landscaping, staging, or excess parking. Should Maricopa County elect to require the dedication of all or any portion of the Reserved Area, compensation for such dedication shall be credited toward the developer’s contribution). F. 335th Avenue: 80 feet G. 331st Avenue: 65 feet and 130 feet (from Indian School Road to Camelback Road) H. East/West Collector Road: 80 feet The above references interior and perimeter roads (the project boundary is the centerline of all perimeter roadways and/or roadway alignments). Full width right-of-way shall be provided where the entire roadway is within the development (interior roadways). Half- Formal Meeting Minutes Wednesday, August 01, 2018 Page 20 of 105 width right-of-way shall be provided where “half” of the roadway is within the development (perimeter roadways). Additional right-of-way shall be dedicated at any intersection where future dual left turn lanes are possible. The widened right-of-way section shall accommodate the length of the left turn lane, including reverse curves. 4. Unless approved otherwise by MCDOT, the applicant shall be responsible for design and construction of the ultimate full-width of all interior roadways, and the ultimate half- width of all perimeter roadways, except that the applicant shall only be responsible for the construction of the ultimate half-width of Bethany Home Road from the western boundary of Hassayampa Ranch to 339th Avenue. All roadways must meet county standards in effect at the time they are improved. Half-width roadways must be designed so as to safely carry two-way traffic until the ultimate roadway is constructed. 5. The applicant is responsible for assuring paved access to their site at the time of the first final plat. 6. The applicant shall provide all-weather access to all parcels and lots, and on all arterial roadways. Not withstanding the foregoing, no all-weather access is required to be provided to Parcel 38, provided it is designated as undeveloped open space. 7. The applicant shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 8. The applicant shall not locate elementary or middle schools fronting or siding on arterial roads. Pedestrian routes to school (Safe Routes To School Program) shall be planned so if necessary, school routes shall only cross arterials at signalized intersections or at grade separated crossings. 9. The applicant shall design the development to promote pedestrian, bicycle, and other alternative modes of transportation to public facilities within and adjacent to the site (i.e. bus bays, electric vehicles, shared accommodations, internal trail systems, etc). Trail system crossings of arterials at other than signalized intersections shall be grade separated. 10. If streetlights are provided, installation shall be provided by the applicant. If streetlights are within public rights-of-way, a Street Light Improvement District (SLID) or comparable authority shall be established to provide operation and maintenance. The applicant should contact the Office of the Superintendent of Streets (602-506-8797) to initiate the SLID process. 11. The applicant shall design landscaping to comply with all MCDOT requirements and to conform to Chapter 9 of the MCDOT Roadway Design Manual. The applicant (or as assigned to the Home Owner’s Association (HOA) shall be responsible for maintenance of landscaping within public rights-of-way. 12. The applicant shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 13. The applicant shall comply with all applicable local, state, and federal requirements (dust control, noise mitigation, AZPDES, 404 permitting, etc.). 14. The applicant shall consult with ADOT regarding access to the I-10 freeway. The applicant shall provide written documentation of ADOT’s review and response. 15. If required by the MCDOT approved TIS referred to in item 1 above, the applicant shall provide right-of-way and construct a roadway along 339th Avenue from Camelback Road south to Indian School Road. 16. Throughout the DMP process, the applicant is required to make certain right-of-way dedications and provide certain roadway construction. Pending the completion of the Interstate 10 – Hassayampa Valley Roadway Framework Study, and completion of other similar studies, MCDOT may determine that such rights-of-way and/or roadway construction may not be necessary. gg. The following Maricopa County Department of Emergency Management stipulations shall apply: Formal Meeting Minutes Wednesday, August 01, 2018 Page 21 of 105 1. Adequate coverage by the existing Outdoor Warning Siren System for the Palo Verde Nuclear Generation Station is required. Otherwise, the applicant shall be responsible for installation of adequate additional sirens providing for adequate coverage for the Hassayampa Ranch Development Master Plan. The applicant shall obtain information on existing siren coverage from the Maricopa County Department of Emergency Management. If existing coverage is inadequate, the master developer shall provide funding to cover expenses of installing new sirens. Palo Verde Nuclear Generating Station will coordinate installation of the sirens. Siren coverage must meet the standards set forth in CODE OF FEDERAL REGULATIONS FEMA RULE 44 – PART 350. Adequate siren coverage shall be provided prior to the occupation of any proposed buildings/residences. 2. Prior to any zoning change, the applicant shall consult with the Maricopa County Department of Emergency Management to determine if the proposed development adversely impacts the existing Palo Verde evacuation plan. If the proposed development adversely impacts the evacuation plan results, then the applicant shall ensure that adequate provisions (street and road widening, interchanges, etc.) are provided to ensure evacuation assumptions and requirements are met. 3. The applicant shall ensure that public safety information regarding nuclear emergencies is initially provided to any new residents or building occupants. The applicant shall obtain this information from the Palo Verde Nuclear Generating Station – Emergency Planning Department. All costs associated with the duplication and dissemination of the initial distribution shall be assumed by the applicant. Thereafter, the Palo Verde Nuclear Generating Station will provide this public safety information annually. hh. The following Maricopa County Sheriff’s Office stipulation shall apply: 1. Prior to any zoning change, the master developer shall enter into a development agreement with the Maricopa County Sheriff’s Office. This development agreement shall include, but not necessarily be limited to, the master developer’s requirement to donate at no cost to the county, for use by the Maricopa County Sheriff’s Office, separate office space (the size to be determined in the development agreement) for an on-site law enforcement building for the Sheriff’s Office to conduct day-to-day business related to providing law enforcement services to Hassayampa Ranch and surrounding areas. The office space complete with tenant improvements per Maricopa County Sheriff’s Office requirements and associated parking shall be provided not later than two (2) years from the opening of the first model home complex within the DMP, or as agreed to in the development agreement. This development agreement shall also include, but not necessarily be limited to, the master developer’s requirement to pay for start up costs and interim fees for law enforcement services associated with the property unless it is annexed into an incorporated municipality or until a full law enforcement service contract is otherwise implemented. This development agreement shall be signed by both the master developer and the Maricopa County Sheriff’s Office, and provided to the Maricopa County Planning and Development Department for public record. ii. The master developer shall notify future residents that they are located within the vicinity of a military training route with the following notification: “You are buying a home or property within the vicinity of a military training route, and may be subject to direct overflights and noise by Luke Air Force Base and other military jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 over flights per day, although Luke’s primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft Formal Meeting Minutes Wednesday, August 01, 2018 Page 22 of 105 transient to and from the Barry M. Goldwater Gunnery Range, and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base’s normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends.” Such notification shall be permanently posted in front of all home sales offices on not less than a 3 foot by 5 foot sign, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, be included in all covenants, conditions, and restrictions (CC&Rs), and be included in the public report. jj. The property owner and their successors waive claim for diminution in value if the County takes action to rescind approval of this Development Master Plan due to noncompliance with any of the approved stipulations. kk. Approval of this Development Master Plan with Protected Development Rights does not guarantee any specific zoning entitlement within the identified land use category. (C-44-19- 007-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘kk’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-5. BLUE SKY ASSETS LLC Case #: Z2017003 Supervisor District: 5 Applicant/Owner: Kimberly Larsen / Blue Sky Assets LLC Request: Zone Change from Rural-43 to C-1 Commercial Unit Plan of Development (CUPD) Site Location: Generally located approx. 250’ south of the intersection (SEC) of Dobbins Rd. and 51st Ave. in the Laveeen area Commission Recommendation: On 6/14/18, the Commission voted 7-0 to recommend approval of Z2017003 subject to conditions ‘a’ – ‘f’: a. The following Maricopa County Engineering (MCDOT) condition shall apply: 1. The applicant must preserve 25 feet of right-of-way along the east side of 51st Ave. for possible future road improvements. If (future) public improvements necessitate removal of the existing septic leach field within the existing or future ROW, such removal, replacement Formal Meeting Minutes Wednesday, August 01, 2018 Page 23 of 105 or other provision for sanitary sewer service shall be done at no expense to Maricopa County. b. The following Maricopa County Environmental Services Department (MCESD) condition shall apply: 1. Provide minor plan review application to the MCESD Onsite Program. c. The following C-1 CUPD standards shall apply: 1. 8’ (h) chain link fencing adjacent to rural or residential zoning districts. 2. Site Visibility Triangle (SVT) requirements waived adjacent to existing driveways. d. The CUPD overlay is applied to restrict the use of the site. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. 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 applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-19-009-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘f’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-6. NORTH MOUNTAIN ESTATES Case #: S2017025 Supervisor District: 2 Applicant/Owner: Brandon Riddick / 11th and Cloud, LLC Request: Final Plat containing 13 lots and a shared driveway access easement, with a waiver to the requirement for a public water system Site Location: Generally located at the southeast corner of Cloud Rd. and 11th Ave. in the Desert Hills area Formal Meeting Minutes Wednesday, August 01, 2018 Page 24 of 105 Staff Recommendation: Approval (C-44-19-006-M-00) Motion to concur with the Staff recommendation for approval by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-7. CROWN TEMPE TOWN LAKE Case #: Z2018004 Supervisor District: 1 Applicant /Owner: Declan Murphy, Coal Creek Consulting for T-Mobile / Thompson McAldon Request: Modification of Condition ‘h’ of Special Use Permit (SUP) Z2003010 for an addition of a Microwave dish to a Wireless Communication Facility in the IND-2 zoning district Site Location: Generally located approx. 168’ north of the intersection of Gilbert Dr. and Mary St. in the Tempe area Commission Recommendation: On 6/28/18, the Commission voted 6-0 to recommend approval of Z2018004 subject to conditions ‘a’ – ‘k’: a. Development and use of the site shall be in substantial conformance with the site plan entitled "SUN DEVIL AZ0022". Consisting of one ( 1) full-size sheet, dated May 12, 2003 and stamped by the registered architect May 14, 2003, and stamped received May 15, 2003, except as modified by the following stipulations. b. Development and use of the site shall be in substantial conformance with the narrative report entitled "Project Narrative" consisting of three (3) pages, stamped received May 15, 2003, except as modified by the following stipulations. c. Major changes to the Plan of Development (site plan and narrative report) shall be processed as a revise d application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by Planning and Development Department staff. d. Non-compliance with the plan of development (the site plan and narrative report) or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Commission to take action in accordance with the Maricopa County Zoning Ordinance. e. A building permit must be issued and final inspections completed within two years. A status report including photographs of the tower and facility shall be submitted within two (2) years of approval by the Board of Supervisors, or when fully equipped and finished - whichever occurs first. f. No antenna arrays shall be greater than five feet (8') in width and under no conditions will a catwalk type of array be permitted. Failure to comply with this requirement shall constitute non-compliance with the plan of development and shall be considered a zoning Formal Meeting Minutes Wednesday, August 01, 2018 Page 25 of 105 code violation. Immediate removal of the offending antenna array shall then be required, and a Major Amendment shall be required before a larger antenna array would be permitted. g. The monopole together with all antennas and attachments will not exceed 84' in height as measured from base ground level, minimal in nature. h. All cabling between equipment on the ground and antennas on the tower shall be internal and not be allowed to run external to the tower, unless covered and be the same color as the tower. I. Three additional, future carriers will be allowed with an Administrative Amendment to the Plan of Development, subject to the same stipulations and the ability to locate within the existing ground equipment area. Under these conditions co-location could be administratively approved by staff of the Planning and Development Department. j. Prior to construction a drainage clearance must be obtained from the Flood Control District of Maricopa County. k. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation or the Flood Control District of Maricopa County may be grounds for the Commission to take action in accordance with the Maricopa County Zoning Ordinance. (C-44-19-008-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘k’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-8. DISCOUNT TIRE Case #: Z2018012 Supervisor District: 3 Applicant /Owner: Nick Wood, Snell & Wilmer L.L.P. / Brent VanDeman, Halle Properties, L.L.C. Request: Modification of Conditions to the C-2 Zoning (cases Z97-48 & Z2006038) to allow the installation of attached signage Site Location: Generally located 125’ east of the SEC of Carefree Hwy. and 7th St. in the Desert Hills area Commission Recommendation: On 6/28/18, the Commission voted 6-0 to recommend approval of Z2018012 subject to conditions ‘a’ – ‘l’ of (Z97-48), and ‘a’ – ‘m’ (Z2006038): Modification of Conditions to Z97-48 with conditions ‘a’ – ‘l’. a. Development of the site is to be in accordance with a precise plan, which is generally consistent with the concept narrative report entitled “Narrative Report for southeast corner of 7th Street and Carefree Highway”, consisting of three sheets, dated December 8, 1997, Formal Meeting Minutes Wednesday, August 01, 2018 Page 26 of 105 and stamped received May 8, 1998, except as modified by the following stipulations. b. Development of the site is to be in accordance with a precise narrative report, generally consistent with the concept narrative report entitled “Narrative Report for southeast corner of 7th Street and Carefree Highway”, consisting of four pages, dated (revised) December 5, 1997, and stamped received May 8, 1998, except as modified by the following stipulations. c. Prior to issuance of any permits for development of any phase or portion of the site, a precise plan of development and narrative report must be approved by the Board of Supervisors, upon recommendation of the Planning and Zoning Commission. d. Landscaping of the site shall be generally in conformance with the conceptual landscape plan submitted for this request entitled “Landscape Plan – Zone Change request (Ruaral- 43 to C-2 P.D.) for the SEC of 7th Street and Carefree Highway”, consisting of 1 sheet (sheet two of three of the submitted site plan), dated December 8, 1996, and stamped received December 8, 1997. A final landscape plan, along with screening, wall and sign details, shall be submitted along with the precise plan of development and narrative report for any phase or portion of the site. e. All buildings shall be architecturally compatible, and shall be finished on all sides. The architectural theme utilized on the site shall be compatible with the surrounding area in conformance with the Carefree Highway Scenic Corrido Study. Architectural details, including building elevations, shall be submitted along with the precise plan of development and narrative report for any phase or portion of the site. f. Development of any phase or portion of the site shall be conditioned upon connection to the wastewater treatment facility proposed for the northwest corner of 7th Street and Carefree Highway, or other non-septic provision for wastewater treatment that meets with staff approval. Evidence of an agreement to connect, or other provision, is to be submitted to staff along with the precise plan of Development and narrative report for any phase or portion of the site. g. Development of any phase or portion of the site shall include the installation of a dry sewer system to provide for the future connection to any public or private sewer system that is installed within 300 feet of the subject site. In addition, the applicant/property owner agrees to participate in any sewer improvement district formed in the area. Finally, at the time a public or private sewer system is made available to the subject site, the applicant/property owner is to connect to the sewer system and begin the process to discontinue use of the wastewater treatment facility. h. Dedication of additional right-ow-way to bring the total half-width dedication to 75’ for Carefree Highway is to occur within 6 months of approval of this request by the Board of Supervisors, and prior to issuance of any zoning clearance. Evidence of completion of the required dedication shall be provided to staff for the file by the applicant/property owner. I. Development of the site shall include, and the Precise Plan of Development shall reflect, the following: I. Half-street improvements (including paving, curb, gutter, and sidewalk) to Carefree Highway and 7th Street (as required along the site’s frontage). II. Driveways are to be located in accordance with the requirements of the Carefree Highway Scenic Corridor Study and the Maricopa County Department of Transportation. Formal Meeting Minutes Wednesday, August 01, 2018 Page 27 of 105 III. Site landscaping, parking and screening are to be provided in accordance with the requirements of the Carefree Highway Scenic Corridor Study and Maricopa County. IV. Improvement, grading, drainage, and retention plans, and final drainage report are to be submitted to approved by the Maricopa County Flood Control District. V. A Traffic Impact Report shall be submitted to and approved by the Maricopa County Department of Transportation. VI. All interior parking, driveway and circulation areas are to be paved, with curbing provided. VII. All detached signs shall be monument style signs, designed and constructed to complement the buildings, and shall be multi-tenant signs only. Location, design, size and quantity of all detached signs shall be in accordance with the requirements of the Carefree Highway Scenic Corridor Study and the Zoning Ordinance. Billboards or any similar-type off-site advertising signs shall be prohibited. VIII. All roof-mounted equipment shall be screened by a continuous parapet roof. IX. When possible, all transformers, back-flow prevention devises, utility boxes and all other utility-related, ground-mounted equipment, are to be painted to complement the development and are to be screened with landscape material where possible. X. All trash dumpster enclosures are to be constructed and finished to complement the buildings. XI. All outdoor lighting shall conform with Section 2318 of the Maricopa County Zoning Ordinance. XII. Development and use of the site is to comply with requirements for fire hydrant placement and other fire protection as deemed necessary by the applicable fire department. j. Major changes to the concept plan shall be processed as a revised application, with approval by the Board of Supervisors upon recommendation of the Planning and Zoning Commission. Minor changes may be administratively approved by the Planning and Development Department. k. Non-compliance with the conditions of approval will be treated as a violation in accordance with Article XXIX (Violation and Penalty) of the Maricopa County Zoning Ordinance. Further, non-compliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Article XXVII, Section 2806 (Conditional Zoning). l. Any underground fuel storage tanks on site shall be located outside of the designated plod plain. Modification of Conditions to Z2006038 with conditions ‘a’ – ‘m’. a. Development of the site shall comply with the site plan entitled “Plan of Development for Discount Tire” consisting of four (4) full-size sheets, dated revised May 23, 2018, and stamped received May 25, 2018, except as modified by the following stipulations. Formal Meeting Minutes Wednesday, August 01, 2018 Page 28 of 105 b. Development shall be in conformance with the narrative report entitled “Discount Tire Modification of Conditions Narrative Report”, consisting of five (5) pages, dated May 25, 2018, and stamped received May 25, 2018, except as modified by the following stipulations. c. All trees shall be double-staked when installed. Landscaping shall be native and Sonoran Desert plant species. d. A continuous parapet shall screen all roof-mounted equipment. e. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be screened from view. f. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. Development of the site shall include the installation of a dry sewer system to provide for the future connection to any public or private sewer system that is installed within 300 feet of the subject site. In addition, the applicant and his successors shall participate in the Desert Hills Sanitary Improvement District. Finally, at the time that a public or private sewer system is made available to the subject site, the applicant/property owner is to connect to the sewer system and begin the process to discontinue use of the wastewater treatment facility. I. Prior to building permit issuance the owner shall show evidence of water service to the site as deemed appropriate by the Maricopa County Environmental Services Department (MCESD). This may be in the form of an agreement between the owners of Tuscani Pointe allowing connection to their existing water service sharing a meter or guarantee of a new service/tap and meter for connecting to Desert Hills Water Company, or setting up a portable tank/pump system for hauled water temporarily, using an approved water hauler from an approved water source until the new service/tap & meter are available. j. Development and use of the site shall comply with requirements for fire hydrant placement and other fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of zoning clearance, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. k. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire Department servicing the site. l. Major changes to the site plan and narrative report shall be processed as a revised application, with approval by the Board of Supervisors upon recommendation of the Planning and Zoning Commission. Minor changes may be administratively approved by the Formal Meeting Minutes Wednesday, August 01, 2018 Page 29 of 105 Planning and Development Department. m. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). (C-44-19-015-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘l’ of (Z97-48) and ‘a’-‘m’ of (Z2006038) by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-9. LUKE LAND SELF STORAGE Case #: Z2018023 Supervisor District: 4 Applicant /Owner: Jack Gilmore, Gilmore Planning & Landscape Architecture / Luke Lewis, Luke Land 58, LLC Request: Zone Change from R-5 RUPD to C-2 Site Location: Generally located north of Glendale Ave., approx. ¼-mile east of Dysart Rd. in the Glendale area. Commission Recommendation: On 6/28/18, the Commission voted 6-0 to recommend approval of Z2018023 subject to conditions ‘a’ – ‘g’: a. Development of the site shall comply with the exhibit entitled “Case #Z2018023, Preliminary Site Plan” consisting of 1 full-size sheet, dated May 7, 2018 and stamped received May 7, 2018 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Luke Land Self Storage, R-5 RUPD to C-2”, consisting of 9 pages, dated May 7, 2018, and stamped received May 7, 2018, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter from Rural Metro Fire Department 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. d. The following Planning Engineering conditions shall apply: 1. The applicant shall provide a total half-width of right-of-way for Glendale Ave. as determined by the City of Glendale. 2. Construct ultimate half-width improvements on Glendale Ave. as required by the City of Glendale. e. The C-2 zoning approval is conditional per Maricopa County Zoning Ordinance Article 304.6. Within five (5) years of Board of Supervisors’ approval there shall be administrative approval of a Plan of Development for the commercial site or the zoning may be considered for reversion to R-5 RUPD at public hearing of the Board of Supervisors after recommendation by the Planning and Zoning Commission, unless within such time the property is annexed by the City of Glendale. Formal Meeting Minutes Wednesday, August 01, 2018 Page 30 of 105 f. Noncompliance with any Maricopa County Regulation or condition of approval shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property owner to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, a hearing shall be scheduled with the Board of Supervisors for consideration to revert the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-19-014-M-00) Chairman Chucri commented on items PZ-9 to PZ-11 pertaining to proximity to a mine stating there are existing issues. He asked his colleagues to make sure there is enough of a buffer between these two distinct and separate entities and to make sure they do not have unintended consequences as there have been in other parts of the County. Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘g’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-10. LUKE LAND SELF STORAGE Case #: Z2018024 Supervisor District: 4 Applicant /Owner: Jack Gilmore, Gilmore Planning & Landscape Architecture / Luke Lewis, Luke Land 58, LLC Request: Special Use Permit (SUP) for an RV and boat storage facility in the R-5 RUPD Zoning District Site Location: Generally located approx. ¼-mile east of Dysart Rd. and 440 feet north of Glendale Ave. in the Glendale area Commission Recommendation: On 6/28/18, the Commission voted 6-0 to recommend approval of Z2018024 subject to conditions ‘a’ – ‘g’: a. Development of the site shall comply with the exhibit entitled “Case #Z2018024, Preliminary Site Plan” consisting of 1 full-size sheet, dated May 7, 2018,and stamped received May 7, 2018, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Luke Land Self Storage, Special Use Permit”, consisting of 10 pages, dated May 7, 2018, and stamped received May 7, 2018, except as modified by the following conditions. Formal Meeting Minutes Wednesday, August 01, 2018 Page 31 of 105 c. This Special Use Permit shall expire 20 years from the date of approval by the Board of Supervisors (August 1, 2038), or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. d. 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 following Planning Engineering conditions shall apply: 1. The applicant shall provide a total half-width of right-of-way for Glendale Ave. as determined by the City of Glendale. 2. Construct ultimate half-width improvements on Glendale Ave. as required by the City of Glendale. f. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. g. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-19-016-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘g’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-11. LUKE LAND SELF STORAGE Case #: MCP2018002 Supervisor District: 4 Applicant /Owner: Jack Gilmore, Gilmore Planning & Landscape Architecture / Luke Lewis, Luke Land 58, LLC Request: Military Compatibility Permit (MCP) for a RV and boat storage facility in the R-5 MAAMF overlay zoning district and within the 65 ldn Site Location: Generally located approx. ¼-mile east of Dysart Rd. and 2,200 feet north of Glendale Ave. in the Glendale area Formal Meeting Minutes Wednesday, August 01, 2018 Page 32 of 105 Commission Recommendation: On 6/28/18, the Commission voted 6-0 to recommend approval of MCP2018002 subject to conditions ‘a’ – ‘f’: a. Development of the site shall comply with the exhibit entitled “Case # MCP2018002, Preliminary Site Plan” consisting of 1 full-size sheet, dated May 7, 2018,and stamped received May 7, 2018, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Luke Land Self Storage, Military Compatibility Permit”, consisting of 10 pages, dated May 7, 2018, and stamped received May 7, 2018, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. The following Planning Engineering conditions shall apply: 1. The applicant shall provide a total half-width of right-of-way for Glendale Ave. as determined by the City of Glendale. 2. Construct ultimate half-width improvements on Glendale Ave. as required by the City of Glendale. e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. f. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the MCP. The MCP enhances the value of the property above its value as of the date the MCP is granted and reverting to the prior zoning results in the same value of the property as if the MCP had never been granted. (C-44-19-013-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘f’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-12. HORIZON PEDIATRIC THERAPY Case #: Z2018029 Formal Meeting Minutes Wednesday, August 01, 2018 Page 33 of 105 Supervisor District: 4 Applicant /Owner: William Allison, Withey Morris, PLC / DJMFA Enterprises, LLC Request: Special Use Permit (SUP) to operate a Group Care Facility within the Rural-43 Zoning District Site Location: Generally located approx. 130’ from the NWC of Deer Valley Rd and 87th Ave. in the Peoria area Commission Recommendation: On 6/28/18, the Commission voted 6-0 to recommend approval of Z2018029 subject to conditions ‘a’ – ‘h’: a. Development of the site shall comply with the Site Plan entitled “8717 W. Deer Valley Rd“, consisting of 1 full-size sheets, dated March 5, 2018, and stamped received May 30, 2018, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Horizon Pediatric Therapy SUP”, consisting of 13 pages, dated May 29, 2018, and stamped received May 30, 2018, except as modified by the following conditions. c. This Special Use Permit shall expire 30 years from the date of approval by the Board of Supervisors (August 1, 2048), or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. d. The following SUP deviations shall apply: 1. Location of signage for the facility within 4’ of the front property line. 2. Location of a 6’ wall within the eastern boundary of the property, within a Sight Visibility Triangle. e. 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. f. The applicant/owner shall obtain Building Permits to retrofit the existing residence to meet current commercial building code requirements as applicable and shall obtain a Certificate of Occupancy for the retrofitted building prior to occupancy. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or Formal Meeting Minutes Wednesday, August 01, 2018 Page 34 of 105 expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-19-011-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘h’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-13. 7TH STREET COMMERCIAL BUILDING Case #: Z2018037 Supervisor District: 3 Applicant /Owner: Leodra Bowdell, Phoenix Permit Service, LLC / North Mountain Developers, LLC Request: Modification of Conditions ‘a’, ‘b’, ‘c’, and ‘e’ to the C-2 PD Zoning (Case #Z98- 100) to permit a commercial development without an Improvement District sewer system Site Location: Generally located 250’ north of the NWC of Carefree Hwy. and 7th St. in the Desert Hills area Commission Recommendation: On 6/28/18, the Commission voted 6-0 to recommend approval of Z2018037 subject to conditions ‘a’ – ‘i’: a. Development and use of the site shall comply with the conceptual site plan entitled “Carefree New River Neighborhood Center”, consisting of 1 sheet, dated January 7, 1999, and stamped received January 28, 1999, excluding parcel number 211-53-062A whereas this parcel is subject to a new site plan dated 9-25-2017, and is inclusive of only this parcel’s development, except as modified by the following stipulations. b. Development and use of the site shall comply with the narrative report entitled “Carefree Desert Hills Neighborhood Center”, consisting of 4 pages, dated (revised) January 8, 1999, and stamped received January 11, 1999, excluding parcel number 211-53-062A whereas this parcel is subject to a new development narrative dated 9-25-2017, which is solely for this parcel, except as modified by the following stipulations. c. Any precise plan request shall comply with the Carefree Highway Scenic Corridor study standards, excluding parcel number 211-53-026A with in regards to public Water and Sewer requirements, to be modified to allow on-site septic and private water sources subject to Maricopa County approval. d. Non-compliance with the plan of development (the site plan and narrative report) or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. e. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. The onsite septic system designs will be submitted to MCESD for approval. Wastewater discharge will consist of typical sewage only, and will not include any motor oil, gasoline, paint, varnish, solvent, pesticide, fertilizer, or other material not generally associated with Formal Meeting Minutes Wednesday, August 01, 2018 Page 35 of 105 toilet flushing, food preparation, laundry, or personal hygiene (AAC R18-9-A309.7a). 2. For this zoning case no floor drains allowed for the Veterinary hospitals, clinics and kennels for dogs, cats and small animals. 3. Medical clinics and surgical hospitals for farm animal (horse, cattle and other farm animal) – No floor drains allowed. 4. The owner will abandon the septic systems and connect to a public sewer system when one is available, and participate in a fair share of the public sewer system funding. 5. Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. The owner/developer shall prepare a Stormwater Site Plan (SWPPP) and obtain approval by MCESD prior to construction. (A separate submittal to MCESD is required.) 6. Upon completion of construction, the owner shall fulfill MCESD post-construction permit requirements. This will include appropriate operation and maintenance requirements. f. The property owner shall submit a ‘will serve’ from the Daisy Mountain Fire Department 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. g. At the time of each precise Plan of Development the applicant shall demonstrate compliance with the Carefree Highway Scenic Corridor Study Design Standards. h. The following Maricopa County Department of Environmental Services Department (MCESD) conditions shall apply: i. 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. (C-44-19- 010-M-00) Motion to concur with the recommendation of the Planning Commission for approval subject to conditions ‘a’-‘i’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo REGULAR AGENDA - AGENDA REGULAR PZ-14. DOLLAR GENERAL Dollar General Case #: Z2017105 Supervisor District: 5 Applicant/Owner: Gary Johnson, Archicon Architecture / Dan Biswas, Simon CRE Request: Zone Change from R1-35 to C-2 CUPD Site Location: Generally located on the west side of Tuthill Rd. (203rd Ave.), approx. 400 ft. south of Elliott Rd. in Rainbow Valley Formal Meeting Minutes Wednesday, August 01, 2018 Page 36 of 105 Commission Recommendation: On 6/14/18, the Commission voted 4-3 to recommend denial of Z2017105. (C-44-19-012-M-00) Paul Gilbert, representing the applicant, stated his client is requesting rezoning of the property in the Rainbow Valley area to commercial for a Dollar General store. The Planning Commission had concerns with the Rainbow Valley Area Plan. He pointed out the following: 1. The plan is 15 years old and could probably use an update. The property size for this item is less than 10 acres and therefore does not trigger an amendment to the plan to go forward. Staff calls for efficient land uses integrated with the transportation system. He quoted from the staff report that the site is a proper site for commercial use. He also stated the plan has language that underscores and vindicates this zoning request. 2. Mr. Gilbert noted the highlighted portion of the Rainbow Valley Area Plan in the handout provided. The key point is that additional commercial properties may be feasible in the future based on residents’ needs. The plan then goes on in detail about the criteria such sites need to meet. In this case the Dollar General meets the criteria. Mr. Gilbert stated a report has been submitted that demonstrates a need for a commercial general store and the applicant would not have tried to build on this site if there was not a need. He acknowledged the opposition to this item but mentioned there is support as well. Mr. Gilbert said that the history of this case is instructive. The applicant originally tried to rezone further south and was asked to move north toward the river. There was a split decision of the Planning Commission against rezoning in that particular area. The Commission spoke about the need to amend the Rainbow Valley Plan rather than considering the item. The Commissioners who voted against this item were not a part of the West Valley. The applicant is asking to amend this application from C-2 zoning to C-1. Mr. Gilbert concluded by asking this request be approved. Supervisor Barney stated that the excerpt from the Rainbow Valley Plan seems incongruent with Item 2 in the staff report. Darren Gerard, Deputy Director, Planning and Zoning, responded by agreeing with the summary given by Mr. Gilbert. The staff report was based on three area plan policies and he outlined these plans but based their recommendation on a specific policy about commercial zoning being located north of the river. Mr. Gerard reviewed what the Commissioners' concerns were in voting against this item. The location of the site is mid-block; This proposed store will only occupy a portion of the parcel; what would the other portion be used for? Concerns with the C-2 zoning versus C-1. Joy Rich, County Manager, stated that this was a policy and not an ordinance. Supervisor Barney reiterated his concern about the inconsistencies and stated there is a need to update this plan. Jennifer Pokorski, Planning and Zoning Director, said the department is looking at updating these area plans. Stacie Norby, resident, stated she is in favor of the Dollar General being built. It would be fast, convenient and close to her. When asked how close she lived to this site, she responded five miles. Amy Caldwell, resident, lives about four miles from the proposed site and her mother and father live within a mile. They are elderly and it is difficult for them to travel farther to shop. It would be nice to have a general store nearby to meet their needs. The Formal Meeting Minutes Wednesday, August 01, 2018 Page 37 of 105 community would be improved by Dollar General and they are proceeding with what the community asked for. Leslee Cook, resident, lives near the sight. She supports the project because of time and money spent traveling to get ordinary items. Convenience is a big consideration. Steve Cook, resident, lives near the sight and supports the building of this store. The applicant has moved as they were asked. Jennifer Brown, resident, stated she lives about five miles from the site and considers this is a good use for this location. The Dollar General was founded on serving rural communities with convenient shopping. Chairman Chucri listed the names of those opposed to this item but did not want to speak: Karen Bedell Chip Nassoiy Geraldine Walls Holly Hoff David Newton representing Simon Cre, the property owner, was in favor of the item but did not wish to speak. Michael Todd, resident, is opposed to this item. He said the Rainbow Valley Plan does not call for commercial development. He purchased his property for its rural location and there is no need for commercial properties in the area. He claimed the intersection of Elliott and Tuthill is not an arterial intersection. He asked the Board to please look closely at the petitions in favor of the item for valid signatures. Mr. Todd stated Dollar General was not a good community partner as there is often offensive debris in the parking lots of these stores in other locations and gave other examples that showed untidy and dangerous items in the store presentation. Emergency exits were being blocked by large boxes that could not be easily moved. He reiterated there was no need for a commercial business in this area. Dee Nassoiy, resident, stated she lives on Rustler Road in the Rainbow Valley area. It is a small rural neighborhood. There were 600 signatures obtained against the building of a Dollar General. She understands the Rainbow Valley Plan does not make allowances for any commercial zoning in the area. She listed her major concerns for this item without a responsible plan in place. She said there are better locations for commercial development and this is the only way into Rainbow Valley. She stated public safety is an issue because the Sheriff's Office is already spread thin without the Dollar General being susceptible to burglary. The neighborhood cannot support the store and this will only end up leaving a vacant building to be vandalized. She asked the Board to deny the request. Kelly Schrum, resident, stated she is a realtor and that this area is not a booming area. It is a small community and she wants it to stay a small neighborhood. They are all accustomed to doing their shopping in town. Dollar General does not carry what most grocery stores do. She is concerned if this property is rezoned, this will allow more commercial businesses to be built on it. She said there is only about 1,500 residents in this area which is not enough business to support the store. She stated there is not an allowance for commercial property in the Rainbow Valley area because commercial businesses were not to be allowed. This intersection is the only entry and exit for the neighborhood if a store is built here she has real concerns about traffic and horses. She asked the Board to deny this request. Formal Meeting Minutes Wednesday, August 01, 2018 Page 38 of 105 Lisa Collins, resident, stated she has the same concerns as those speaking in opposition prior to her, but she wants her voice heard. She said she moved to Rainbow Valley knowing there was no commercial zoning. She lives out there because she does not want a city life. She wants her grandchildren to have the rural experience, yet she is concerned their safety will be compromised with commercial zoning. The Sheriff's Office is already spread very thin. She is opposed to this item. Supervisor Gallardo stated he has followed the progress of this application from the beginning and knows the first proposal was withdrawn. He thanked everyone for coming in to speak. He visited the area where the Dollar General is proposing to be built and found it to be somewhat like Laveen. He reviewed the attributes of the area. He spoke about the growth in Laveen and about the development in the West Valley. He has heard both sides of this issue but noted that new development is coming. The fastest growing County in the country will have more of these issues. He is aware of the problems with the plan in the area. He acknowledged the concerns with the C-2 zoning, but the applicant has agreed to C-1 zoning. Motion to approve with the amendment to change zoning from the requested C-2 to C-1 CUPD by Supervisor Gallardo, seconded by Supervisor Barney Supervisor Barney reiterated his earlier comments that the plans for areas such as Rainbow Valley need to be reviewed and updated by the Planning and Zoning Department so plans such as these will not fall through the cracks. Ayes: Barney, Chucri, Gates, Hickman, Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 6. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR This is the time scheduled for a public hearing on the applications for liquor licenses. At this hearing, the Board of Supervisors will determine the recommendation to the State Liquor Board as to whether the State Liquor Board should grant or deny the license. a. NEW LICENSE FOR FILIBERTO’S MEXICAN FOOD Pursuant to A.R.S. § 4-201, approve an application filed by Theresa June Morse for a New Series (12 ) Liquor License for Filiberto’s Mexican Food at 10777 West Grand Avenue, Sun City, Arizona 85351. (AZ Application 22301) (Supervisorial District 4) (C-06-18-489-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. NEW LICENSE FOR WELL DONE GRILL Pursuant to A.R.S. § 4-201, approve an application filed by Shawn Eric Pepper for a New Series (12 ) Liquor License for Well Done Grill at 16802 Northeast Highway 88, Tortilla Flat, Arizona 85219. (AZ Application 22221) (Supervisorial District 2) (C-06-18-492-L-00) Formal Meeting Minutes Wednesday, August 01, 2018 Page 39 of 105 Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo c. AGENT CHANGE AND ACQUISITION OF CONTROL FOR COCO’S #181 Pursuant to A.R.S. § 4-202(C) and 4-203(F), approve an application filed by Andrea Dahlman Lewkowitz for an Agent Change and Acquisition of Control from Earl Basil Lemrick for the COCO'S #181 at 9801 West Bell Road, Sun City, Arizona 85351. (AZ 12070506) (Supervisorial District 4) (C-06-18-498-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo d. SPECIAL EVENT LICENSE FOR EAST VALLEY COMPOSITE MOUNTAIN BIKE TEAM Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Curtis Barrett for East Valley Composite Mountain Bike Team at Usery Mountain Regional Park at 3939 North Usery Pass Road, Mesa, Arizona 85207 to be held on Saturday, November 3, 2018 from 10:00 am to 10:00 pm. (Supervisorial District 2) (C-06-19-011-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 7. IMPACT STATEMENT HEARING FOR THE PROPOSED ORANGE VALLEY 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 Orange Valley 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 proposed boundaries of the district: (Supervisorial District 2) Lots 1 through 55, ORANGE VALLEY ESTATES, a Subdivision of the North Half of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 61 of Maps, Page 47; TOGETHER WITH Tract 11, RICHARDSON TRACT, a Subdivision of the Southwest Quarter of the Southwest Quarter & the South Half of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 18 of Maps, Page 6; EXCEPT that part described as follows; BEGINNING at the Northwest corner of said Lot 11, Thence South along the West line thereof 132.72 feet; Thence East 105 feet; Thence North 132.72 feet; Thence West along Formal Meeting Minutes Wednesday, August 01, 2018 Page 40 of 105 the North line of said Lot 11, a distance of 105 feet to the Point of Beginning; TOGETHER WITH Lots 1, 2, 3, 6, and 7, EASTSIDE ESTATES, a Re-subdivision of Tract 12 of RICHARDSON TRACT, a Subdivision of record, as recorded in Book 18 of Maps, Page 6, Maricopa County Records, and being a portion of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 163 of Maps, Page 14; TOGETHER WITH Lots 1 through 27, OSBORN ESTATES, a Subdivision of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 63 of Maps, Page 23; TOGETHER WITH Lots 28 through 60, OSBORN ESTATES II, a Subdivision of Tracts ‘A’, ‘B’, & ‘C’, of OSBORN ESTATES, a Subdivision of record, as recorded in Book 63 of Maps, Page 23, Maricopa County Records, and the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 68 of Maps, Page 37; TOGETHER WITH Lots 236 through 239, HIDDEN VILLAGE FIVE, a Subdivision of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 69 of Maps, Page 9; TOGETHER WITH The West 193.67 feet of the North 254 feet as measured along the West line of the Northwest Quarter of the Northeast Quarter of the Northeast quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian of Maricopa County, Arizona; TOGETHER WITH That part of abandoned OSBORN ROAD Right-of-Way as described per City of Phoenix Resolution Numbers 20470 and 20208 as recorded in the Office of the County Recorder of Maricopa County, Arizona, per Document numbers 2005-0352252 and 2007-0282293. (C- 06-18-504-M-00) Tanya Spelts, resident, spoke in support of the irrigation water delivery district. She has been a volunteer in the community raising funds to keep the irrigation system operating. She spoke about some homeowners not being able to afford making large repairs needed on their portion of the system. In the past they have asked for contributions to help with repairs and maintenance in order to keep the system from being shut down. She talked about eco climate and heat reduction due to the greenery that is a result of flood irrigation. She said the neighborhood may have to abandon the irrigation system if the district cannot be formed. She asked the Board to please approve the impact Formal Meeting Minutes Wednesday, August 01, 2018 Page 41 of 105 statement so they can move forward with the formation of this district. Michael Warzynski, resident, stated he is not necessarily against a district being formed in the neighborhood. He has a problem with the impact statement not pointing out the negative considerations in the formation of a district. One of the negatives is that A.R.S. 48-3447 requires abandoning the irrigation system to the district and owners have to declare their part of the system is in fair condition which owners cannot do. If the system is not in fair condition, the power of the agency is only to assess or take that irrigation system from the property owner. Section H of the impact statement has only positive comments. No one has taken a look at parts of the system presumed to be in fair condition. This will lead to people having to make repairs at their own expense because the board of trustees will not be able to repair a system that is not certified as being in fair condition when the district is formed. Supervisor Gates asked Mr. Warzynski if people might sign a petition misunderstanding what they were signing. Mr. Warzynski said he felt the impact statement was incomplete suggesting it should possibly include information about the statement “fair condition.” Supervisor Gates told the Clerk of the Board that he wanted to make sure as the Board moves forward that a proper impact statement has been submitted. He asked if there could be a short continuance to have the opportunity to dig into these issues. Chairman Chucri asked the Clerk if they could move this item forward and make corrections later. Fran McCarroll, Clerk of the Board, stated the impact statement that was presented followed the form directed by statute. There is one particular section that deals with injuries resulting from the proposed district. So when someone is proposing the formation of a district they are supposed to present the benefits and injuries to the property owners if it is formed. What is most common with these impact statements and in this particular case, the injury that they present is that there would be a property tax increase of approximately $41.53 per year on a typical sized property. The issue being brought up by Mr. Warzynski about being property owners being able to certify that their part of the irrigation system may or may not be in good repair is not necessarily one of the sections of the impact statement. She noted that the proponents were present. They may be able to answer the particular question about sections that are in need of repair or the item can be continued to the next meeting so some of the concerns Mr. Warzynski has can be answered. Chairman Chucri stated he would like to move forward with this item. He said he would be happy to meet with Mr. Warzynski and discuss his problems because he thinks there is time to correct the concerns before approving the formation of the district. Ms. McCarroll clarified this action did not approve the formation of the proposed district but gave permission for the proponents to circulate petitions. Supervisor Barney agreed that this action was just starting the process although much work has been done. He asked if the Board approved the impact statement, would it be able to then amend the impact statement at a later time. Ms. McCarroll stated it would not be an actual amendment to the impact statement. It could be additional information provided along with the circulation of the petitions. Motion to approve by Supervisor Gates, seconded by Supervisor Barney Formal Meeting Minutes Wednesday, August 01, 2018 Page 42 of 105 Ayes: Barney, Chucri, Gates, Hickman, Gallardo 8. IMPACT STATEMENT HEARING FOR THE PROPOSED RANCHO VENTURA 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 Rancho Ventura 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. Lots 664 through 708 of RANCHO VENTURA TRACT NO. 23, a Subdivision of the East half of the Northeast Quarter of Section 31, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 62 of Maps, Page 7; TOGETHER WITH Lots 709 through 738 of RANCHO VENTURA TRACT NO. 24, a Subdivision of the East half of the Northeast Quarter of Section 31, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 63 of Maps, Page 21; TOGETHER WITH Lots 739 through 768 of RANCHO VENTURA TRACT NO. 25, a Subdivision of the East half of the Northeast Quarter of Section 31, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 64 of Maps, Page 30; TOGETHER WITH Lots 769 through 798 of RANCHO VENTURA TRACT NO. 26, a Subdivision of the East half of the Northeast Quarter of Section 31, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 65 of Maps, Page 32; TOGETHER WITH Lots 799 through 828 of RANCHO VENTURA TRACT NO. 27, a Subdivision of the East half of the Northeast Quarter of Section 31, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 66 of Maps, Page 36; TOGETHER WITH Lots 829 through 858 of RANCHO VENTURA TRACT NO. 28, a Subdivision of the East half of the Northeast Quarter of Section 31, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 68 of Maps, Page 42; TOGETHER WITH Lots 859 through 871 and Lots 874 through 888 of RANCHO VENTURA TRACT NO. 29, a Subdivision of the East half of the Northeast Quarter of Section 31, Township 2 North, Formal Meeting Minutes Wednesday, August 01, 2018 Page 43 of 105 Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 69 of Maps, Page 43; TOGETHER WITH The North 125 Feet of the South 2,212 Feet of the East 80 Feet of the West 110 Feet of the East half of the Northeast Quarter of Section 31, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; EXCEPTING therefrom that part lying Northwesterly of a curve having a radius of 20 feet concave Southeasterly and tangent to the North line and the West line of the above described property; TOGETHER WITH The North 125 Feet of the South 2,212 Feet of the East 80 Feet of the West 190 Feet of the East half of the Northeast Quarter of Section 31, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. (Supervisorial District 3) (C-06-18-510-M-00) Dave Koger, resident, explained the problems within his proposed district. He took over collecting funds and overseeing repairs when he moved into the neighborhood. As other blocks began having problems they began looking for a long term solution and looked at the formation of an irrigation water delivery district. After speaking to staff with Salt River Project (SRP), the City of Phoenix, the Clerk of the Board’s Office and checking on support in the neighborhood, it was decided this would be the best action to take. He asked the Board to please approve this item. Lisa Banen wished to speak in favor of the item only if necessary. Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO NOTE: Agenda item #14, 15 and 16 were taken out of order and heard before agenda item #9. 14. COMPENSATION OF ELECTION AND TALLY BOARD OFFICERS Formal Meeting Minutes Wednesday, August 01, 2018 Page 44 of 105 Approve the schedule of hourly rates of compensation for election and tally board officers effective August 1, 2018. Under Arizona Revised Statutes 16-536, the compensation of the election and tally board officer shall be fixed by the Board of Supervisors. The last increase was on July 1, 2016. (C-21-19-002-7-00) Adrian Fontes, County Recorder, spoke about Proposition 206 and how it changed the election and tally board officers’ hourly rates. He noted that the changes have been included and approved in the FY 18-19 budget. The hourly rates are in compliance with the state law. Supervisor Hickman asked if anything is being done differently with this vote. He also asked if the process is being handled differently from previous years. Mr. Fontes responded that things were being handled differently. He stated his office has been working with the County Attorney’s Office to make sure they are in compliance with state law. The approval of this item will bring the County into compliance. Mr. Fontes then gave examples of the differences. Supervisor Barney asked for confirmation that this item is giving minimum wages to the election employees required by state law which also requires the Board of Supervisors’ approval. Mr. Fontes confirmed this and stated there will be approximately 3,000 election employees that will get approximately a $60 raise from the previous year. Chairman Chucri stated this action is to be compliant with Proposition 206. Supervisor Hickman asked if the Recorder’s Office had a written legal opinion from the County Attorney’s Office elated to this action. Mr. Fontes explained his office supplied the Chiefs of Staff the emails between Randall Pennington in the County Attorney’s Office and his office explaining his opinion, but if the Board would like him to obtain an official legal opinion, he will do so. Chairman Chucri said he did not see a need to burden the County Attorney’s Office with this task. Supervisor Barney said he thought this needed to be moved forward. Supervisor Gallardo said that one of the biggest challenges in an election is to get people to work the election and the compensation is well earned. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 15. SALT RIVER PROJECT LAND USE LICENSE Approve License Agreement P-50325 with Salt River Project Agricultural Improvement and Power District (SRP), for temporary use of parking space on parcel APN 122-22-930 located at 324 South 2nd Avenue, Phoenix, Arizona. This license agreement is required to provide an additional parking area near Maricopa County Elections’ MCTEC Office to meet a portion of the parking demands for staff and volunteers working the upcoming Primary and General election. The term of the license will commence on or about August 1, 2018, and expire on November 30, 2018. The County will be responsible for ensuring the parking area is in compliance with applicable air quality rules and regulations. As consideration, the County will pay a one-time fee of $ 4,055.00 plus applicable taxes. (C-21-19-003-M-00) Formal Meeting Minutes Wednesday, August 01, 2018 Page 45 of 105 Mr. Fontes explained this item is for the rental of a parking lot across the street from the warehouse. They will be employing approximately 3,000 people to work the upcoming election and the parking lot will allow for the additional parking needed. Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 16. POLLING PLACES, ELECTION/TALLY BOARDS FOR PRIMARY AND GENERAL ELECTION 2018 Pursuant to A.R.S. §§16-411 and 16-531, for the Primary and General elections to be conducted August 28, 2018 and November 6, 2018: 1) Approve polling places for each precinct, including designation of polling places in adjacent precincts due to the lack of a suitable polling place available within a precinct; authorize the Director of Elections to select and designate additional polling places if needed due to changes or unavailability of polling places; 2) Approve the appointment of election boards and tally boards necessary to conduct the election upon selection by the Director of Elections and filing with the Clerk of the Board of Supervisors, and authorize payment of election board communication expenses in the amount set by the Director for polling places without telephone access. The list of polling places is on file with the Clerk of the Board of Supervisors and retained in accordance with LAPR approved Retention Schedule. The Board of Supervisors is required by state law to designate a reasonable and adequate number of polling places for the Primary and General election (A.R.S. §16-411) and to appoint members of election and tally boards for the elections (A.R.S. §16-531). The list of polling places are on file with the Clerk of the Board of Supervisors. The proposed board action approves the polling places for these elections, makes the required finding for those precincts where a suitable polling place is not available in a voting precinct, but where accessible polling places are nearby in adjacent precincts, and authorizes the Elections Director to designate additional locations if needed due to changes or unavailability of polling places. The proposed board action also approves the appointment of election board and tally boards to conduct the election; these appointments are made by the Elections Director and filed with the Clerk of the Board of Supervisors and retained in accordance with LAPR approved Retention Schedule. This action also authorizes the Election Director to pay election board communications expenses in the amount set by the Director for polling places without telephone access. This board action also authorizes 1) amended and updated filings with the Clerk of the Board of polling places including designations of polling places as voting centers and polling places (jointly), and 2) amended and updated filings with the Clerk of the Board of election board and tally boards needed to conduct the elections. (C-21-19-001-7-00) Mr. Fontes noted his office has been working with the Supervisors’ staff as they transition into the new cyclic system which won a national award. They have also had great feedback from voters. He talked about the Congressional District 8 election which condensed the timeframe for preparation. There are over 500 polling places confirmed with a small number unconfirmed. He stated today is the first day of early voting for the August 28, 2018 primary election. There are seven early voting locations open. Phase II begins August 18, 2018 and there will be another nine voting places opened. He said there has never been a complete Polling List approved before. He addressed the appointment of election boards and polling places list stating the most up-to-date information was given out today. He thanked Candice Copple, Chief of Staff, District 1 Formal Meeting Minutes Wednesday, August 01, 2018 Page 46 of 105 for her help locking down Latter Day Saints (LDS) polling places. Supervisor Gates noted District 3 has been working with schools as well and his staff have been happy to help. He thanked Mr. Fontes for his office letting District 3’s office know that polling places were needed. Supervisor Hickman stated he has received calls about polling places for the Tartesso Precinct asking why they now had to drive around the White Tank Mountains to vote. He still has school districts to talk to in order to have a truly great election. Mr. Fontes assured the Board his office was still looking for polling places. Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Clerk of the Court - Secretario de la Corte 9. OFFICIAL APPOINTMENTS OF THE CLERK OF THE SUPERIOR COURT Pursuant to A.R.S. § 12-283, approve the official appointment of the following deputies, clerks, and assistants of the Clerk of the Superior Court. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231. Effective June 18, 2018 Vanessa Coronado, Deputy Clerk Shellee Dorene Gabrych, Deputy Clerk Belinda Diana Jones, Deputy Clerk Maria Lynn Kerwin, Deputy Clerk Catrina Willis, Deputy Clerk Effective July 2, 2018 Tennille R. Burns, Deputy Clerk Samuel Eli Castaneda Jr., Deputy Clerk Natalya Sergeyevna Fjeld, Deputy Clerk Cindy Elizabeth Reyes, Deputy Clerk Melissa Lynne Myers, Deputy Clerk Annette Ortiz, Deputy Clerk Keisha Renee Afflalo Wallace, Deputy Clerk Effective July 16, 2018 June DelCerro Moreno, Deputy Clerk Mckenzie Elvalee Moyer, Deputy Clerk Sharricka Yvette Owens, Deputy Clerk Kimberly Lopez Sandoval, Deputy Clerk Elpiniki Alexandra Schwenke, Deputy Clerk Georgia Isho Shamon, Deputy Clerk Santana Gabrielle Spivey, 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-16-19-001-9-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Constables - Condestables Formal Meeting Minutes Wednesday, August 01, 2018 Page 47 of 105 10. AMENDMENT TO CONSTABLE SALARIES Approve an amendment to Constable Salaries agenda item C-25-18-003-M-00 that was approved on June 13, 2018. This amendment is revised to remove the Dreamy Draw Precinct, which is not in this election cycle and add White Tank Precinct that was missed in error. Pursuant to A.R.S. § 11-424.01(A) ”fix the salaries for the Constables in 16 precincts Agua Fria, Arrowhead, Downtown, East Mesa, Encanto, Hassayampa, Kyrene, Manistee, McDowell Mountain, North Valley, San Marcos, South Mountain, University Lakes, West Mesa, West McDowell, White Tank at $48, 294 and $67,000 commencing a four year term on January 1, 2019. Constables upon their first election will receive salaries of $48,294. Constables upon their re-election will receive salaries of $67,000. These precincts set for salary adjustments have more the 16,000 registered voters. (C-25-18-003-M-01) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo County Attorney - Procurador del Condado 11. APPROPRIATION ADJUSTMENT FOR COUNTY ATTORNEY SPECIAL REVENUE FUND Pursuant to A.R.S. 42-17106(B), approve the transfer of expenditure appropriation between Non Departmental (D470), Non Departmental Grants Fund (249) and the County Attorney (D190) Victim Compensation Interest Fund (269). This action will require the following budget adjustments: Approve an increase in the expenditure authority in the FY 2019 County Attorney (D190) Victim Compensation Interest Fund (269) Non-Recurring Non-Project (1001) in the amount of $100,000. Approve a decrease in the expenditure authority in FY 2019 Non Departmental (D470) Non Departmental Grants Fund (249) Non-Recurring Non-Project (1001) in the line "Unreserved Contingency" in the amount of $100,000. These actions will have a County-wide net impact of zero. The approval of this action does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-19-19-001-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 12. FEDERAL EQUITABLE SHARING AGREEMENT - COUNTY ATTORNEY Approve the FY 2018-19 Federal Equitable Sharing Agreement and FY 2018 Annual Certification Report between the Maricopa County Attorney's Office (agency) and the U. S. Department of the Treasury and the U. S. Department of Justice. This report accounts for federal equitable sharing funds received from the U. S. Department of the Treasury or the U. S. Department of Justice. The term of this agreement commences October 1, 2018 and expires September 30, 2019. Authorize the Chairman of the Board of Supervisors to sign all documents related to this certification report and agreement. Formal Meeting Minutes Wednesday, August 01, 2018 Page 48 of 105 Federal Sharing Agreements are entered into between the Federal Government, the Maricopa County Attorney’s Office and the Maricopa County Board of Supervisors. It sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds and any interest earned thereon, which are equitably shared with participating agencies. (More commonly known as RICO funds). The Federal Annual Certification reports revenue and expenditures through June 30, 2018. (C-19-19-002-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 13. VICTIMS’ RIGHTS GRANT FUNDING FROM ARIZONA ATTORNEY GENERAL Approve receipt of FY 2018-2019 grant funds from the State of Arizona, Office of the Attorney General, in the amount of $363,001. These grant funds will support the direct costs of implementing victims’ rights laws pursuant to Arizona Revised Statues Title 13, Chapter 40 and Title 8, Chapter 3, Article 7, that impact prosecutorial agencies as an entity type. This agreement commenced, retroactively, July 1, 2018 and terminates on June 30, 2019. In accordance with Victims’ Rights Program Guidelines, Section IV, page 5, the grant allows a 0% rate for indirect costs, or $0 that may be incurred by the County Attorney’s Office of Maricopa County for the administration of this grant. The Maricopa County Attorney’s Office FY 2019 composite indirect cost rate is 13.5%, or $49,005. The recoverable indirect cost of administering this grant is $0; the non-recoverable indirect cost is $49,005. This grant is non-competitive and does not require a match. The grant award does not require on-going cash contributions after the grant period end date. Authorize the Chairman of the Board of Supervisors, or designee, to sign all documents related to this award. Grant revenues are not "local revenues" for the purpose of the constitutional expenditure limitation, and therefore expenditure of the funds is not prohibited by the budget law. This award agreement is in the amount of $363,001. This award will ensure that victims of crime are notified of the progress of criminal proceedings. This grant will expire at the end of the agreement. There is no long-term expectation of continued funding for this grant; however, the County Attorney’s Office has been receiving grant funds from the Attorney General’s office for victim services since FY 96/97, the most recent award was for FY 17/18 in the amount of $495,000. (C-19-19-004-G-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Elections - Elecciones NOTE: Agenda item #14 was taken out of order and heard before agenda item #9. 14. COMPENSATION OF ELECTION AND TALLY BOARD OFFICERS Approve the schedule of hourly rates of compensation for election and tally board officers effective August 1, 2018. Under Arizona Revised Statutes 16-536, the compensation of the election and tally board officer shall be fixed by the Board of Supervisors. The last increase was on July 1, 2016. (C-21-19-002-7-00) NOTE: Agenda item #15 was taken out of order and heard before agenda item #9. Formal Meeting Minutes Wednesday, August 01, 2018 Page 49 of 105 15. SALT RIVER PROJECT LAND USE LICENSE Approve License Agreement P-50325 with Salt River Project Agricultural Improvement and Power District (SRP), for temporary use of parking space on parcel APN 122-22-930 located at 324 South 2nd Avenue, Phoenix, Arizona. This license agreement is required to provide an additional parking area near Maricopa County Elections’ MCTEC Office to meet a portion of the parking demands for staff and volunteers working the upcoming Primary and General election. The term of the license will commence on or about August 1, 2018, and expire on November 30, 2018. The County will be responsible for ensuring the parking area is in compliance with applicable air quality rules and regulations. As consideration, the County will pay a one-time fee of $ 4,055.00 plus applicable taxes. (C-21-19-003-M-00) NOTE: Agenda item #16 was taken out of order and heard before agenda item #9. 16. POLLING PLACES, ELECTION/TALLY BOARDS FOR PRIMARY AND GENERAL ELECTION 2018 Pursuant to A.R.S. §§16-411 and 16-531, for the Primary and General elections to be conducted August 28, 2018 and November 6, 2018: 1) Approve polling places for each precinct, including designation of polling places in adjacent precincts due to the lack of a suitable polling place available within a precinct; authorize the Director of Elections to select and designate additional polling places if needed due to changes or unavailability of polling places; 2) Approve the appointment of election boards and tally boards necessary to conduct the election upon selection by the Director of Elections and filing with the Clerk of the Board of Supervisors, and authorize payment of election board communication expenses in the amount set by the Director for polling places without telephone access. The list of polling places is on file with the Clerk of the Board of Supervisors and retained in accordance with LAPR approved Retention Schedule. The Board of Supervisors is required by state law to designate a reasonable and adequate number of polling places for the Primary and General election (A.R.S. §16-411) and to appoint members of election and tally boards for the elections (A.R.S. §16-531). The list of polling places are on file with the Clerk of the Board of Supervisors. The proposed board action approves the polling places for these elections, makes the required finding for those precincts where a suitable polling place is not available in a voting precinct, but where accessible polling places are nearby in adjacent precincts, and authorizes the Elections Director to designate additional locations if needed due to changes or unavailability of polling places. The proposed board action also approves the appointment of election board and tally boards to conduct the election; these appointments are made by the Elections Director and filed with the Clerk of the Board of Supervisors and retained in accordance with LAPR approved Retention Schedule. This action also authorizes the Election Director to pay election board communications expenses in the amount set by the Director for polling places without telephone access. This board action also authorizes 1) amended and updated filings with the Clerk of the Board of polling places including designations of polling places as voting centers and polling places (jointly), and 2) amended and updated filings with the Clerk of the Board of election board and tally boards needed to conduct the elections. (C-21-19-001-7-00) Formal Meeting Minutes Wednesday, August 01, 2018 Page 50 of 105 Sheriff - Alguacil 17. AGREEMENT FOR LAW ENFORCEMENT SERVICE WITH THE TOWN OF CAVE CREEK Approve an Agreement for Law Enforcement Services between the Town of Cave Creek and Maricopa County on behalf of the Sheriff's Office. This Agreement is effective July 1, 2018 through June 30, 2021 with up to three successive one-year renewals. The contracted level of Service for this Agreement is .41 beats with a contract value of $496,562.56. This Agreement can be terminated without cause with (6) months written notice to the other party. MCSO has contracted with the Town of Cave Creek for Law Enforcement Services for at least 20 years. This Agreement supersedes all prior agreements. The Sheriff's Office recovers contract law enforcement service costs using a uniform methodology for: 1) personnel including hourly pay and benefits for patrol deputies, detectives, law enforcement supervision, district clerical and dispatch. Overtime and special pay are also recovered. 2) supplies and rent including uniform allowance, ammunition costs, and District supplies and services; 3) communications and information technology including monthly radio, communications and data charges, and applicable information system licenses and maintenance; 4) vehicles and equipment including mileage and depreciation of the vehicle and its equipment to allow for future replacement; and 5) one-time equipment as applicable and approved by amendment. (C-50-19-006-3- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 18. DONATION Accept the donation of $2,293.85 from the Friends of the Phoenix Public Library to the Sheriff's Office for its MASH (MCSO Animal Safe Haven) unit. This funding will be used toward the care and treatment of animals that become part of the Sheriff's custody resulting from criminal animal abuse situations. (C-50-19-003-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 19. IGA WITH FORT MCDOWELL YAVAPAI NATION FOR MUTUAL PROTECTION AND ASSISTANCE Approve an Intergovernmental Agreement (IGA) between the Fort McDowell Yavapai Nation and Maricopa County for the mutual protection and assistance in law enforcement. This IGA allows for the Sheriff’s Office and the Nation to cooperate and assist each other when requested so long as the request does not conflict with officer’s or deputy’s duties. This is a non-financial Agreement. Each party is responsible for its own costs and liability. Formal Meeting Minutes Wednesday, August 01, 2018 Page 51 of 105 The term of this IGA is December 1, 2018 to November 30, 2021. The IGA may be terminated at any time by either party with thirty (30) days written notice. This replaces the current three-year agreement which expires November 30, 2018 (C-50- 16-020-M-00). (C-50-19-002-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 20. IGA WITH PHOENIX POLICE DEPARTMENT FOR 911 BACK-UP SERVICES Approve the non-financial Intergovernmental Agreement for emergency back-up services between Maricopa County on behalf of the Sheriff's Office and City of Phoenix on behalf of the Police Department, for formalizing the relationship between the Sheriff’s Office and Phoenix Police Department to ensure 911 calls are properly routed during an event the Sheriff’s Office Communications Division is unable to answer these calls due to an emergency. The term of this Intergovernmental Agreement is five (5) years from the date of execution and may be renewed with five (5) year terms until terminated by either party by providing a sixty (60) day notice. (C-50-19-005-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 21. MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL BUREAU OF INVESTIGATION Approve the Memorandum of Understanding (MOU) between the Federal Bureau of Investigation (FBI) and the Maricopa County Sheriff’s Office (MCSO). This MOU outlines the mission of the Joint Terrorism Task Forces (JTTFs), and formalizes the relationship between the FBI and MCSO, which will govern the process by which MCSO employees are detailed to work with the FBI as part of the JTTF. The term of this MOU is indefinite, but may be terminated at any time by a 60-day written notice of intent. This MOU supersedes the current MOU, entered into in April 2004 in agenda # C-50-04-052-00. The purpose of the JTTF is to ensure that there is a robust capability to deter, defeat and respond vigorously to terrorism in the U.S. or against any U.S. interest through the combined utilization of federal, state, local and tribal agencies that are involved in fighting terrorism to coordinate and share information and resources. (C-50-19-004-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 22. SCHOOL SAFETY PROGRAM COOPERATIVE AGREEMENT WITH QUEEN CREEK UNIFIED SCHOOL DISTRICT Approve School Safety Program FY 2019 Cooperative Agreement between Queen Creek Unified School District (QCUSD), Queen Creek High School and MCSO. This Agreement outlines assurances required by the Arizona Department of Education for its School Safety Program (SSP). This is a non-financial agreement effective April 15, 2018 for the 2018 -19 school year. The Town of Queen Creek contracts with the Queen Creek Unified School District (QCUSD) to provide a School Resource Officer (SRO) position at the High School. The Town of Queen Creek also contracts with Maricopa County on behalf of the Sheriff's Office for Law Enforcement Service, which includes 2.19 SRO positions. This Cooperative Agreement is a requirement for the SSP for the Law Enforcement Agency to acknowledge Formal Meeting Minutes Wednesday, August 01, 2018 Page 52 of 105 the responsibilities it shares in having an employee assigned to this role. (C-50-19-001-3- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 23. SUBGRANTEE AGREEMENT WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2016 HOMELAND SECURITY GRANT PROGRAM Approve a Subgrantee Agreement – Reallocation and acceptance of up to $93,916 in continued grant funding from the Arizona Department of Homeland Security (AZDOHS) for the 2018 Homeland Security Grant Program, MCSO RRT (Rapid Response Team) CBRNE (chemical, biological, radiological and nuclear) Sustainment Project -160812-06. The term of this award is July 1, 2018 through June 30, 2019. These 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 Sheriff’s Office indirect cost rate for FY19 is 18.3%. Unrecoverable indirect costs associated with this Agreement are estimated to be $2,667.41 on $14,576 of the expenditures. There will be capital equipment purchased for $79,340 that is excluded from the indirect cost calculation. Approval of this project will enable the Sheriff’s Office to purchase equipment for the Rapid Response and CBRN Team to enhance their capabilities when responding to High Risk / All-Hazards Events. The department does not have an in-kind match requirement. The grant award does not require ongoing cash contributions after the grant period end date. The grant award is a mandated function. As part of the Arizona Department of Homeland Security’s UASI (Urban Area Security Initiative) Program, our department must participate in the Regional Response Team (RRT) to assist in preventing, protecting against, mitigating, responding to, and recovering from acts of terrorism. The grant award is competitively bid and other eligible agencies may or may not bid on this grant award. (C-50-19-007-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo School Superintendent - Superintendente de Escuelas 24. IGA'S WITH VARIOUS SCHOOL DISTRICTS FOR ELECTION SERVICES Approve (57) FY 2018 - 2023 Intergovernmental Agreements (IGAs) between Maricopa County on behalf of the Maricopa County School Superintendent (MCSS) and various school districts within Maricopa County for election services. The Maricopa County School Superintendent's Office will obtain agreements with each participating school district. Executed agreements will be kept on file in the Office of Maricopa County School Superintendent. MCSS will be responsible for delivering duplicate originals of agreements to the named school districts. Each IGA shall become effective from and after the date of its execution and expire five (5) years from its execution. Approve the form of the IGA as presented which outlines the responsibilities of each of the Formal Meeting Minutes Wednesday, August 01, 2018 Page 53 of 105 parties to conduct school district elections in Maricopa County pursuant to A.R.S. §15- 301(C); ARS 15-302(A)(7) and (8), and A.R.S. §15-342(13). This Intergovernmental Agreement (IGA) provides a binding agreement between Maricopa County on behalf of the Maricopa County School Superintendent (MCSS) and a school district (hereafter referred to as the School District) for elections services. Maricopa County is authorized to enter into this IGA under A.R.S. §11-952 for the purposes of exercising joint powers or contracting for services. Any amendment/revisions to the form will be brought back to the Board of Supervisors (BOS) for consideration/approval. (C-37-18-066-3-ZZ) Agua Fria Union High School District #216 C-37-18-009-3-00 Aguila Elementary District #63 C-37-18-010-3-00 Alhambra Elementary District #68 C-37-18-011-3-00 Arlington Elementary District #47 C-37-18-012-3-00 Avondale Elementary District #44 C-37-18-013-3-00 Balsz Elementary District #31 C-37-18-014-3-00 Buckeye Elementary District #33 C-37-18-015-3-00 Buckeye Union High School District #201 C-37-18-016-3-00 Cartwright Elementary District #83 C-37-18-017-3-00 Cave Creek Unified District #93 C-37-18-018-3-00 Chandler Unified District #80 C-37-18-019-3-00 Creighton Elementary District #14 C-37-18-020-3-00 Deer Valley Unified District #97 C-37-18-021-3-00 Dysart Unified District #89 C-37-18-022-3-00 East Valley Institute of Technology District #401 C-37-18-023-3-00 Fountain Hills Unified District #98 C-37-18-024-3-00 Fowler Elementary District #45 C-37-18-025-3-00 Gila Bend Unified District #24 C C-37-18-026-3-00 Gilbert Unified District #41 C-37-18-027-3-00 Glendale Elementary District #40 C-37-18-028-3-00 Glendale Union High School District #205 C-37-18-029-3-00 Higley Unified District #60 C-37-18-030-3-00 Isaac Elementary District #5 C-37-18-031-3-00 Kyrene Elementary District #28 C-37-18-032-3-00 Laveen Elementary District #59 C-37-18-033-3-00 Liberty Elementary District #25 C-37-18-034-3-00 Litchfield Elementary District #79 C-37-18-035-3-00 Littleton Elementary District #65 C-37-18-036-3-00 Madison Elementary District #38 C-37-18-037-3-00 Mesa Unified District #4 C-37-18-038-3-00 Mobile Elementary District #86 C-37-18-039-3-00 Morristown Elementary District #75 C-37-18-040-3-00 Murphy Elementary District #21 C-37-18-041-3-00 Nadaburg Unified District #81 C-37-18-042-3-00 Osborn Elementary District #8 C-37-18-043-3-00 Palo Verde Elementary District #49 C-37-18-044-3-00 Paloma Elementary District #94 C-37-18-045-3-00 Paradise Valley Elementary District #69 C-37-18-046-3-00 Pendergast Elementary District #92 C-37-18-047-3-00 Peoria Unified District #11 C-37-18-048-3-00 Phoenix Elementary District #1 C-37-18-049-3-00 Phoenix Union High School District #210 C-37-18-050-3-00 Formal Meeting Minutes Wednesday, August 01, 2018 Page 54 of 105 Queen Creek Unified District #95 C-37-18-051-3-00 Riverside Elementary District #2 C-37-18-052-3-00 Roosevelt Elementary District #66 C-37-18-053-3-00 Saddle Mountain Unified District #90 C-37-18-054-3-00 Scottsdale Unified School District #48 C-37-18-055-3-00 Sentinel Elementary District #71 C-37-18-056-3-00 Tempe Elementary District #3 C-37-18-057-3-00 Tempe Union High School District #213 C-37-18-058-3-00 Tolleson Elementary District #17 C-37-18-059-3-00 Tolleson Union High School District #214 C-37-18-060-3-00 Union Elementary District #62 C-37-18-061-3-00 Washington Elementary District #6 C-37-18-062-3-00 West-MEC #402 C-37-18-063-3-00 Wickenburg Unified District #9 C-37-18-064-3-00 Wilson Elementary District #7 C-37-18-065-3-00 Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Treasurer - Tesorero 25. OFFER ON PREVIOUSLY OFFERED TAX DEEDED LAND PARCEL 135-21-050F Pursuant to A.R.S. § 42-18303(E), accept the cash offer of $200.00 from the City of Mesa on the following Tax Deeded Land parcel(s) for which the following conditions apply: The Board of Supervisors may accept an offer from, and sell real property held by this state by tax deed to, the county or a city, town or special taxing district in the county for a public purpose related to transportation or flood control. The Board of Supervisors shall convey the deed and apportion the monies received in the transaction in the manner prescribed by this section. Parcel Number – 135-21-050F Date Previously Offered – Mar/Apr 2016 Purchaser / Name for the Deed – City of Mesa Amount of Offer – $200.00 If the Board accepts the offer on the subject property, direct the Treasurer’s Office accept payment and prepare the Quit Claim Deed to convey the property to winning bidder and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42-18303(C), the proceeds of the winning bid shall be paid to the county treasurer. After deducting and distributing interest, penalties, fees and costs charged against the parcel, the treasurer shall apportion the remainder according to ARS 42-18303(C). The subject property lies within Supervisorial District 1. Crossroads are N. Alma School Road and W. Rio Salado parkway. (C-43-19-003-M-00) Formal Meeting Minutes Wednesday, August 01, 2018 Page 55 of 105 Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 26. OFFER ON PREVIOUSLY OFFERED TAX DEEDED LAND PARCEL 130-36-001C Accept the cash offer of $1,000.00 from Spencer Bell, on the following Tax Deeded Land parcel: A.R.S.§42-18303(A) allows the county to sell property in the county held by the State by tax deed to the highest bidder for cash except as provided in subsections E and F of this section. Date Previously Offered – 03/24 to 04/07/2016 Parcel Number – 130-36-001C Purchaser / Name for the Deed – Spencer Bell Amount of Offer – $1,000.00 If the Board accepts the offer on the subject property, direct the Treasurer’s Office accept payment and prepare the Quit Claim Deed to convey the property to winning bidder and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42-18303(C), the proceeds of the winning bid shall be paid to the county treasurer. After deducting and distributing interest, penalties, fees and costs charged against the parcel, the treasurer shall apportion the remainder according to ARS 42-18303(C). The subject property lies within Supervisorial District 02. Crossroads are N. Hayden Road and W. Thomas Rd. (C-43-19-004-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 27. OFFERS ON PREVIOUSLY OFFERED TAX DEEDED LAND PARCEL 142-75-001S Pursuant to A.R.S. § 42-18303, consider the two cash offers, or any additional cash bids which may be offered at the Board meeting, on the following Tax Deeded Land parcel. A.R.S.§42-18303 allows the county to sell property in the county held by the State by tax deed to the highest bidder for cash. Parcel Number – 142-75-001S Date Previously Offered – 03/24 to 04/07/2016 Offer #1 Purchaser / Name for the Deed – Leonard Dyer dba Fresh Home Resolution, LLC Amount of Offer – $125.00 Offer #2 Purchaser / Name for the Deed – City of Glendale Amount of Offer -- $500.00 If the Board accepts one of the two offers on the subject property, direct the Treasurer’s Office accept payment and prepare the Quit Claim Deed to convey the property to winning bidder and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42- 18262(A), the proceeds of the winning bid shall be paid to the county treasurer. After Formal Meeting Minutes Wednesday, August 01, 2018 Page 56 of 105 deducting and distributing interest, penalties, fees and costs charged against the parcel, the treasurer shall apportion the remainder according to ARS 42-18303(C). If no bid is accepted by the Board, direct the Treasurer’s Office to refund all monies. The subject property lies within Supervisorial District 4. Crossroads are N. 107th Ave and W. Northern Ave. (C-43-19-002-M-00) Motion to approve Offer No. 2 by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO Assistant County Manager - Sub Directora de Condado - MaryEllen Sheppard 28. APPOINTMENTS TO THE RYAN WHITE PLANNING COUNCIL Approve the following appointment/ re-appointment to the Ryan White Planning Council for a three (3) year term, effective on the first day of the month following BOS approval: Appointment: Merlin Gross Reappointment: Jimmy Borders Consistent with Article III of the Bylaws of the Phoenix EMA Ryan White Planning Council and after satisfactory completion of the pre-screening processes approved by the Maricopa County Board of Supervisors for existing and new Planning Council members, the County Manager recommends the appointment of Merlin Gross and the reappointment of Jimmy Borders for three (3) year terms, effective on the first day of the month following BOS approval. The Membership Committee of the Ryan White Planning Council has confirmed that the individuals listed above represent membership categories consistent with the Council Bylaws and federally mandated membership requirements. (C-95-19-001-9-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 29. APPOINTMENT OF MARICOPA COUNTY WORKFORCE DEVELOPMENT BOARD MEMBER Request approval for the following action regarding the Maricopa County Workforce Development Board (MCWDB) as set forth below: 1. Appoint the following individual to the Business Representatives Mandatory Category for the term effective upon approval to June 30, 2021: David Drennon, Executive Vice President for Arizona Lodging & Tourism Association The MCWDB is established and receives its authority in accordance with the Workforce Innovation and Opportunity Act (WIOA), which was signed into law on July 22, 2014 as Public Law 113-128. The Maricopa County Board of Supervisors (BOS) shall have final authority. Supervisor District: All Districts. (C-95-18-005-9-06) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, August 01, 2018 Page 57 of 105 COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 30. AGREEMENT WITH U.S. DEPARTMENT OF HOMELAND SECURITY FOR BIOWATCH PROGRAM The grant award is reoccurring and has been awarded to the department in previous years. The cash or in-kind match is not applicable, indirect cost (26.3%) is fully recoverable, ongoing cash contributions not applicable. The grant award is not mandated and the activities are 100% financially supported by the grant from DHS. The Air Quality Department works with Department of Homeland Security to protect the citizens of Maricopa County by operating a network of biological samplers. The grant award is non- competitively bid. There are no costs that will need to be absorbed by the department’s operating budget. Approve an Agreement between the United States Department of Homeland Security (DHS) and Maricopa County through the Air Quality Department, in the not-to-exceed amount of $677,877. This Agreement is funded by a grant from the DHS (Award Number 06OHBIO00003-02-00) with the purpose of continuing funding for the thirteenth year of the BioWatch program. The BioWatch program includes an ambient air monitoring network to sample air pollution in a variety of settings, assess health and welfare effects, assist in determining sources of air pollution; and to carry out the provisions of the US EPA, the Federal Clean Air Act and Amendments, Arizona Revised Statutes, and County Air Pollution Control Regulations that are intended to correct, remove, minimize or prevent air pollution within Maricopa County. The Agreement is effective from July 1, 2006 until June 30, 2021, while the budget is retroactively effective from July 1, 2018 until June 30, 2019. Project budgets are applied for annually. The Agreement allows the Air Quality Department $153,967 in indirect costs with direct charges of $491,910. The award includes equipment expenses of $32,000 which are excluded from the indirect cost recovery. The recoverable indirect cost of administering this grant is $153,967; the non-recoverable indirect cost is $0. 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. A budget adjustment is not required.Maricopa County Air quality is responsible for the daily collection of the ambient air quality samples for the BioWatch Program within Maricopa County. The DHS has dedicated a portion of its budget to be used for funding under the “Homeland Security BioWatch Program: Field Operations & Sample Collection Activities.” This grant has been awarded and approved by the Board of Supervisors for several consecutive funding cycles. Recent agenda items include: (C-85-16-012-G-02) C-85-16-012-G-02, FY2018 DHSBW GY18 C-85-16-012-G-00, FY2017 DHSBW GY17 C-85-14-005-G-02, FY2016 BW16 C-85-14-004-G-00, FY2015 BW15 Formal Meeting Minutes Wednesday, August 01, 2018 Page 58 of 105 Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 31. AGREEMENT WITH US ENVIRONMENTAL PROTECTION AGENCY AIR POLLUTION CONTROL PROGRAM CLEAN AIR ACT SECTION 105 GRANT The grant award is reoccurring and has been awarded to the department in previous years. The cash or in-kind match is not applicable, indirect cost is fully recoverable, ongoing cash contributions not applicable. The grant award is mandated by the EPA Clean Air Act, Section 105. The grant award is non-competitively bid. There are no costs that will need to be absorbed by the department’s operating budget. Approve an Agreement between the US Environmental Protection Agency and Maricopa County through the Air Quality Department in the not-to-exceed amount of $1,118,452. This agreement is funded by a grant from the US Environmental Protection Agency, Award ID# A-00905218-0 and is the first installment of the federal funding of $875,854 with the remainder of the funding expected to be released in a subsequent amendment. This agreement is retroactively effective from October 1, 2017 to September 30, 2018. The FY2018 Air Quality composite indirect rate of 31.30% will be applied to the direct charges of $851,830. The recoverable indirect cost of administering this grant is $266,622; the non- recoverable indirect cost is $0. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation; therefore, expenditures of these revenues are not prohibited by the budget law. A budget adjustment is not required. (C-85-19-001-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 32. LEASE AGREEMENT BETWEEN AG-POP CS 3838 OWNER, LLC AND MARICOPA COUNTY Approve and authorize the Chairman to execute financial Lease Agreement L-7479 between Maricopa County (Lessee) and AG-POP CS 3838 OWNER, LLC, an Arizona registered limited liability company (Lessor) for exclusive use of 26,098 square feet (sf) of office space located at 3800 North Central Avenue, Phoenix, Arizona. This full service lease agreement is for the lease of space within 3800 North Central Avenue, Phoenix which consists of approximately 5,220 sf within Suite 1200, 10,439 sf in Suite 1400 and 10,439 sf in Suite 1700 (26,098 total sf). The County has the right of early occupancy upon execution of the lease. The term of the lease will commence on December 1, 2018, and expire on December 31, 2021 at a rate of $21 per square foot with an annual $0.50 per square foot escalation and will include one free month’s rent. County parking for 141 employee spaces are included gratis (which includes 25 spaces for County overnight vehicles). The County shall have the right to extend the term of the lease for up to two (2) additional one (1) year terms. There are no early termination provisions in the lease except in the case that the Lessor is in default, A.R.S. § 38-511 and non- appropriations of Funds. Lessor is to provide turnkey tenant improvements at no additional cost to the County. (C-85-19-002-1-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Formal Meeting Minutes Wednesday, August 01, 2018 Page 59 of 105 Ayes: Barney, Chucri, Gates, Hickman, Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 33. ACCEPT GRANT FUNDS FROM BEST FRIENDS ANIMAL SOCIETY Approve the acceptance of grant funds from Best Friends Animal Society in the amount not to exceed $25,000 for purpose of funding Animal Care and Control’s Adoption Fees, Microchip Fees and the cost of dog food. The grant award begins on July 5, 2018 and ends on July 1, 2019. The Animal Care and Control indirect rate for FY 2019 is 16.47%. Total grant indirect costs are estimated to be $4,120 and are not recoverable. a) Authorize the Department Appointed Authority and/or Designee to sign the Grant Acceptance Agreement and other grant-related documents such as reporting requirements, etc. as applicable. b) Approve a one-time transfer from Animal Care and Control Grant Fund (573) to the Animal Care and Control Shelter Fund (572) in the amount of $22,500. This will allow funds to be used to pay for adoption events and micro chipping fees. c) In accordance with ARS 42-17106(B), authorize the following revenue and expenditure budget adjustments: a. Increase the revenue and expenditure authority in the Animal Care and Control (D790) Animal Care and Control Grant Fund (573) Non-Recurring Non-Project (NRNP) appropriation unit by $25,000. b. Increase the Revenue authority in the Animal Care and Control (790) Animal Care and Control Shelter Fund (572) Non Recurring Non Project (NRNP) appropriation unit by $22,500. c. Increase the Expenditure authority in the Non Departmental (470) Non Departmental Grant Fund (249) Non Recurring Non Project appropriation unit by $22,500. d. Adjust the Eliminations (980) Eliminations Fund (900) Non Recurring Non Project (NRNP) revenue and expenditure budget by ($22,500) to offset the fund transfer. 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. Funding for this agreement is provided by a grant from Best Friends Animal Society. At this time, this grant award is non-recurring. The grant award does not require a cash contribution nor an in-kind contribution. There are no future or ongoing contributions required after the grant period ends. The grant award does provide funding for mandated services and supplies, which is free adoption, microchips and dog food for at least 500 pit bull and pit bull mix dogs. The grant award was not competitively bid. (C-79-19-007-G-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 34. DONATION FROM BISSELL PET FOUNDATION Accept the restricted donation of $33,877.35 from the Bissell Pet Foundation to sponsor 253 animal adoptions during the Bissell Pet Foundation Empty the Shelter event held on May 5, 2018. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The Formal Meeting Minutes Wednesday, August 01, 2018 Page 60 of 105 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-79-18-152-D- 00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 35. DONATION FROM ONE LOVE PIT BULL FOUNDATION AND TWO PUPS WELLNESS FUND Accept the in-kind donation of two (2) portable coolers from One Love Pit Bull Foundation and Two Pups Wellness Fund valued at $3,064.26. (C-79-18-154-D-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 36. DONATION FROM ONE LOVE PIT BULL FOUNDATION AND TWO PUPS WELLNESS FUND Accept the monetary donation of $6,132 from One Love Pit Bull Foundation and Two Pups Wellness Fund used for payment of two hundred ninety-two (292) dog licensing fees during an adoption event. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. This donation is being made to promote adoptions at both the East and West shelter locations by funding the licensing fees for adopted dogs during an adoption event. (C-79- 19-002-D-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 37. DONATION FROM ARIZONA ANIMAL RESCUE MISSION INC. Accept the restricted monetary donation of $4,410 from Arizona Animal Rescue Mission Inc. to be used for payment of 210 dog licensing fees during a fee-waived adoption event held on June 9 - 10, 2018. This donation was made to promote adoptions at both the East and West shelter locations by funding the $21 licensing fee per adopted dog during a fee-waived adoption event. (C- 79-19-001-D-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, August 01, 2018 Page 61 of 105 38. DONATION FROM TWO PUPS WELLNESS FUND THROUGH THE ARIZONA COMMUNITY FOUNDATION Accept the restricted monetary donation of $10,000 from Two Pups Wellness Fund, through the Arizona Community Foundation, to be used for medical and veterinarian expenses as needed for shelter animals. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. This donation is being funded for the purpose of treating animals whose medical needs require additional or supplemental treatment that cannot be provided by Maricopa County Animal Care & Control. (C-79-19-003-D-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 39. DONATIONS OVER $250 FOR JUNE 2018 Accept the unrestricted monetary donations of $400 from the Central Arizona Project, $500 from Sharon Calton, $500 from Jennifer Gluth, $500 from Jerod King, $720 from Almost There Foster Care Rescue, and $900 from Anthony Hamilton for the care of the animals. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-19-004-D- 00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 40. NEW HOPE AGREEMENT WITH SAN TAN ANIMAL RESCUE INC. Approve an agreement between San Tan Animal Rescue, Inc. and Maricopa County, administered by Maricopa County Animal Care and Control, to allow San Tan Animal Rescue, Inc. 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 seven (7) New Hope transfers over the term of the agreement for a total of $358. The term of this agreement is August 1, 2018 through July 31, 2019. (C-79-18-151-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 41. NEW HOPE AGREEMENT WITH WHO SAVED WHO RESCUE Approve an agreement between Who Saved Who Rescue and Maricopa County, Formal Meeting Minutes Wednesday, August 01, 2018 Page 62 of 105 administered by Maricopa County Animal Care and Control, to allow Who Saved Who 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 24 New Hope transfers over the term of the agreement for a total of $1,226. The term of this agreement is August 1, 2018 through July 31, 2019. (C-79-19-005-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 42. NEW HOPE AGREEMENT WITH VERDE VALLEY HUMANE SOCIETY INC Approve an agreement between Verde Valley Humane Society, Inc. and Maricopa County, administered by Maricopa County Animal Care and Control to allow Verde Valley Humane Society, Inc. 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 96 New Hope transfers over the term of the agreement for a total of $4,904 The term of this agreement is August 1, 2018 through July 31, 2019. (C-79-19-006-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Budget Office - Oficina de Presupuestos 43. FY 2019 BUDGET ADJUSTMENT FOR PAY FOR PERFORMANCE PAY PLAN ADJUSTMENTS Pursuant to A.R.S. §42-17106(B), approve the following transfer of expenditure authority: 1. Increase the FY 2019 General Fund (100) expenditure budgets by the amount indicated for the departments and appropriation unit groups listed under the General Fund (100) heading on the attached schedule, totaling $12,552,650 in Base adjustments and $601,789 in One-Time adjustments, and 2. Decrease the expenditure authority for the Non Departmental (D470) General Fund (100) Operating (OPER) Contingency (4711) in the line "Pay for Performance" by $12,552,650 in Base adjustments and $601,789 in One-Time adjustments, for a net impact of zero. 3. Increase the FY 2019 Detention Fund (255) expenditure budgets by the amount indicated for the departments and appropriation unit groups listed under the Detention Fund (255) heading on the attached schedule, totaling $5,167,856 in Base adjustments, and $170,564 in One-Time adjustments, and 4. Decrease the expenditure authority for the Non Departmental (D470) Detention Fund (255) Operating (OPER) Contingency (4711) in the line "Pay for Performance" by Formal Meeting Minutes Wednesday, August 01, 2018 Page 63 of 105 $5,167,856 in Base adjustments and $170,564 in One-Time adjustments, for a net impact of zero. 5. Direct the Budget Office to reverse the One-Time adjustments in the FY 2020 Baseline budget appropriations, and 6. Increase the revenue and expenditure authority for the Public Defense (D520) Public Defender Grants Fund (233) Operating (OPER) budgets by $9,287, and 7. Decrease the revenue and expenditure authority for the Non Departmental (D470) Non Departmental Grants Fund (249) Operating (OPER) Unassigned Contingency (4711) by $9,287. These changes are necessary to appropriate funding to department budgets for the Performance-Based Retention Pay Plan adjustments implemented July 2, 2018. The Public Defense Grant Fund has received additional revenue to cover the PFP increase in that fund. (C-49-18-059-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Emergency Management - Administración de Emergencia 44. EMERGENCY MANAGEMENT IGA TO ASSIST CITIES AND TOWNS WITH THEIR EMERGENCY OPERATIONS PLANS Approve Intergovernmental Agreements between Maricopa County through the Department of Emergency Management and the following cities/towns/tribes: Town of Cave Creek, City of Chandler, City of Glendale, and City of Goodyear. The purpose of this Intergovernmental Agreement is to assist in the process of disaster recovery. Each Intergovernmental Agreement is effective from July 1, 2018 until June 30, 2023. FY19 revenue for the cities/towns/tribes listed will be $32,224. Fifteen years ago, the Maricopa County Department of Emergency Management (MCDEM) entered into Intergovernmental Agreements (IGAs) with various cities and towns in the County to assist them with their emergency management programs. C-15-04-001-2-ZZ, originally approved on July 2, 2003, allows the Department of Emergency Management to assist the cities and towns in developing their Emergency Operations Plan, conducting exercises and training, educating the public, as well as providing a variety of other related technical and administrative services and guidance to develop and maintain state and federal mandated emergency plans and programs. These IGAs were renewed in 2013 under C-15-13-012-3-00, 01, 02, respectively dated 6/5/13, 8/7/13 and 1/21/2015. The cities and towns pay an annual assessment to MCDEM based on their population. The current agreements will expired June 30, 2018. Currently there are 6 cities and towns that are awaiting the approval of the IGA through their council. (C-15-18-008-3-03) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Environmental Services - Servicios Ambientales Formal Meeting Minutes Wednesday, August 01, 2018 Page 64 of 105 45. LEASE AGREEMENT BETWEEN AG-POP CS 3838 OWNER, LLC AND MARICOPA COUNTY Approve and authorize the Chairman to execute financial Lease Agreement L-7480 between Maricopa County (Lessee) and AG-POP CS 3838 OWNER, LLC, an Arizona registered limited liability company (Lessor) for exclusive use of 15,659 square feet (sf) of office space located at 3800 North Central Avenue, Phoenix, Arizona. This full service lease agreement is for the lease of space within 3800 North Central Avenue, Phoenix which consists of approximately 10,439 sf within Suite 300 and 5,220 sf in Suite 1220 (15,659 total sf). The County has the right of early occupancy upon execution of the lease. The term of the lease will commence on December 1, 2018, and expire on December 31, 2021 at a rate of $21 per square foot with an annual .50 per square foot escalation and will include one free month’s rent. County parking for 85 employee spaces included gratis (which includes 31 spaces for County overnight vehicles). The County shall have the right to extend the term of the lease for up to two (2) additional one (1) year terms. There are no early termination provisions in the lease except in the case that the Lessor is in default, A.R.S. § 38-511 and non-appropriations of Funds. Lessor is to provide turnkey tenant improvements at no additional cost to the County. (C-88-19-001-1-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Finance - Finanzas 46. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 06/08/2018 through 07/12/2018, from the operating funds to clearing funds including payroll, journal entries, allocations, loans, and paid claims and authorize the issuance of the appropriate related warrants. Pursuant to A.R.S. §11-217(D) and A.R.S. §11-623, said warrants and claims are on file in the Clerk of the Board’s office and retained in accordance with LAPR approved retention schedule. (C-06-19-009-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Resources - Recursos Humanos 47. EMPLOYEE DISCOUNT VENDOR DONATION In accordance with the County’s Policy for Receiving Donations (A2508), approve and accept a cash donation of $144.40 from the Smart Circle International LLC and $600.00 from Arizona Corporate Events, Inc. After Board approval and acceptance of these donations, the total amount will be deposited into the County’s General Fund. The Smart Circle International LLC and Arizona Corporate Events, Inc. are members of the Employee Services Management Association (ESMA) of Greater Phoenix, a nonprofit association that serves as the County’s employee discount program. The County’s relationship with ESMA was originally approved by the Board on the 10/30/2000 agenda (C-31-01-015-8-00). With every employee discount purchase made by County employees, a donation to the County is made. (C-31-19-001-D-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, August 01, 2018 Page 65 of 105 Ayes: Barney, Chucri, Gates, Hickman, Gallardo 48. PERSONNEL AGENDA FOR THE JUDICIAL BRANCH (01/01/2018 TO 07/01/2018) Approve the Judicial Branch Personnel Agenda for the period of 01/01/2018 to 07/01/2018 consistent with the agenda item C-49-07-038-6-00 approved on April 18, 2007. The personnel agenda is on file in the Office of the Clerk of the Board in accordance with LAPR retention guidelines. (C-31-18-049-6-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 49. PERSONNEL AGENDA FOR MARICOPA COUNTY (01/01/2018 TO 07/01/2018) Approve the Maricopa County Personnel Agenda for the period of 01/01/2018 to 07/01/2018 consistent with the agenda item C-49-07-038-6-00 approved on April 18, 2007. The personnel agenda is on file in the Office of the Clerk of the Board in accordance with LAPR retention guidelines. (C-31-18-048-6-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Services - Servicios Humanos 50. ACCEPTANCE OF GRANT FUNDS FROM U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR EARLY HEAD START-CHILD CARE PARTNERSHIP PROGRAM Approve the acceptance of grant funds from the U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), Grant No. 09HP004-04-00 in the amount not-to-exceed $2,582,360 for the delivery of Early Head Start Child Care Partnership services. The grant award begins July 1, 2018 through June 30, 2019. This grant action awards $2,521,061 for Early Head Start operations and $61,299 for training and technical assistance for the budget period. The grant award is non-competing continuation and is for the 4th year of a fifty-four (54) month project period. The term of the grant period began January 1, 2015 through June 30, 2019. No ongoing contributions are required after the grant period ends. The Department has been providing Head Start services in Maricopa County since 1966. The Human Services Department FY2019 Indirect cost rate has not been fully negotiated, but the U.S. Department of Health and Human Services has approved the use of the FY2018 indirect cost rate to be used. Therefore, the indirect cost rate is 22.9% for salaries and employee related expenses. The total grant funds are $2,582,360 of which $535,366 is for salaries and benefits. The total estimated indirect costs are $122,599 and fully recoverable. Budget adjustments will be made when the Indirect rate costs has been fully negotiated and shall be retroactive to July 1, 2018. The grant requires a 20% non-federal share match of the total approved project costs. The total non-federal share for the grant award period is $ 645,590 which is provided through in-kind donations of goods and services as well as parent volunteering. Formal Meeting Minutes Wednesday, August 01, 2018 Page 66 of 105 The grant award is not a mandated function but provides a benefit to the citizens by providing 160 eligible children and their families with high quality care, education, and supportive services and by integrating Head Start performance standards into childcare organizations throughout the community. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The Office of Head Start requires the Maricopa County Board of Supervisors Chairman to sign all grant applications, applications for additional funds, as well as amendments to grant applications. Amendments are required if the program needs to transfer funds between budget line items in an aggregate amount of $250,000 or more. Maricopa County was awarded grant funds from U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), Grant No. 09HP004 in January 2015 to provide quality of learning opportunities to 160 infants and toddlers through partnerships with contracted Child Care providers. Acceptance of the grant funds will not impact the County General Fund. 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. The Board of Supervisors approved (C-22-18-032-P-00) the submission of the Grant application to the Office of Head Start on March 19, 2018. The Human Services Department submitted the grant application on April 1, 2018. (C-22-15-036-G-10) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 51. ACCEPTANCE OF GRANT FUNDS FROM U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR HEAD START & EARLY HEAD START PROGRAM Approve the acceptance of grant funds from the U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), Grant No. 09CH010385-03-00 in the amount not-to-exceed $13,451,788 for the delivery of Head Start and Early Head Start program services. The grant award begins July 1, 2018 through June 30, 2019. The grant award is a non-competing continuation and is for the 3rd year of a five (5) year project period. The term of the grant period began July 1, 2016 through June 30, 2021. No on-going contributions are required after the grant period ends. The Department has been providing Head Start services since 1966. The Human Services Department FY2019 Indirect cost rate has not been fully negotiated, but the U.S. Department of Health and Human Services has approved the use of the FY2018 indirect cost rate to be used. Therefore, the indirect cost rate is 22.9% for salaries and employee related expenses. The total grant funds are $13,451,788 of which $9,315,233 is for salaries and benefits. The total estimated indirect costs are $2,133,188 and fully recoverable. Budget adjustments will be made when the Indirect rate costs has been fully negotiated and shall be retroactive to July 1, 2018. The grant requires a 20% non-federal share match of the total approved project costs. The total non-federal share for the grant award period is $3,362,947 which is provided through Formal Meeting Minutes Wednesday, August 01, 2018 Page 67 of 105 in-kind donations of goods and services as well as parent volunteering. The grant award is not a mandated function but provides a benefit to the citizens by providing services to eligible children from 0-5 years old and their families. The approved Head Start enrollment is 807 and Early Head Start enrollment is 182. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The Office of Head Start requires the Maricopa County Board of Supervisors Chairman to sign all grant applications, applications for additional funds, as well as amendments to grant applications. Amendments are required if the program needs to transfer funds between budget line items in an aggregate amount of $250,000 or more. Maricopa County was awarded the Head Start and Early Head Start grant from U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), Grant No. 09CH010385-03-00 on July 1, 2016 to June 30, 2021 to provide Head Start program services. Acceptance of the grant funds will not impact the County General Fund. 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. The Board of Supervisors approved (C-22-18-032-P-00) the submission of the Grant application to the Office of Head Start on March 19, 2018. The Human Services Department submitted the grant application on April 1, 2018 and submitted a revised budget application on May 16, 2018. (C-22-16-011-G-07) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 52. AMENDMENT TO LEASE AGREEMENT WITH BOYS AND GIRLS CLUB OF EAST VALLEY Approve and execute Amendment No 4 to Lease Agreement No. L-7339 with Boys & Girls Clubs of the East Valley, Lessor, for use of classroom space for the Head Start program, located at 44 North Oak Street, Gilbert, 85233, and delegate authority to both the Deputy County Manager for Maricopa County and the Real Estate Director to perform administrative actions, including execution of documents, and to periodically carry out the intent of the Lease. Amendment No. 4 (“Amd 4”) will extend the term of the existing lease 60 months, from September 1, 2018 to August 31, 2023, unless terminated earlier as provided for in the agreement. The monthly base rent during the lease extension remains unchanged at $425.00 plus rental tax. Janitorial, utilities and maintenance are Lessor paid. Amd 4 will update Notice information for both Parties and provide a Subordination Non-Disturbance Agreement form. All other terms and conditions remain unchanged. Either Party may terminate the Agreement with 90-days written notice to the other. Supervisory District: 2 (C- 22-04-107-4-04) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 53. IGA WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR WORKFORCE INNOVATION AND OPPORTUNITY ACT ACTIVITIES Formal Meeting Minutes Wednesday, August 01, 2018 Page 68 of 105 Approve a financial Intergovernmental Agreement (Agreement) with Arizona Department of Economic Security (DES) and Maricopa County, administered by its Human Services Department. The purpose of the Agreement is for the County to administer Workforce Innovation and Opportunity Act Title I (WIOA) program activities in Maricopa County, excluding the City of Phoenix. DES shall provide the County with Program Year 2018/Fiscal Year 2019 funding in an amount-not-to-exceed $14,151,506. The period of funding availability is July 1, 2018 through June 30, 2020. The Agreement term shall be retroactive to July 1 2018 through June 30, 2023. The Human Services Department FY2019 Indirect cost rate has not been fully negotiated, but the U.S. Department of Health and Human Services has approved the use of the FY2018 indirect cost rate to be used. Therefore, the indirect cost rate is 22.9% for salaries and employee related expenses. The total Agreement funds are $14,151,506 of which $6,121,165 is for salaries and benefits. The total estimated indirect costs are $1,401,746 and fully recoverable. Budget adjustments will be made when the Indirect rate costs has been fully negotiated and shall be retroactive to July 1, 2018. There is no in-kind or cash match required. No future or on-going contributions are required after the grant period ends. This grant award via IGA is reoccurring and has been awarded to the Department for more than 24 years, which includes previous federal legislative iterations. This is not a mandated service and the IGA is not competitively bid, but rather the Governor of Arizona delegates Maricopa County (outside the City of Phoenix) to be a local workforce area and the Maricopa County Board of Supervisors to be the Chief Elected Officials. The funds are provided under the Workforce Innovation and Opportunity Act (WIOA) Title I Federal program from the U.S. Department of Labor. As such, the funds are subject to all the provisions of Public Law 113-128 as well as any guidance issued by the U.S. Department of Labor and DES. Funding expenditure timeframes vary and are dependent upon the Catalog of Federal Domestic Assistance (CFDA) WIOA Title I assigned to the funding: Adult-CFDA 17.258 $3,962,665; Youth-CFDA 17.259 $4,280,797; Dislocated Worker/RR-CFDA 17.278 $5,908,044. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and Therefore, expenditure of the revenues is not prohibited by the budget law. This Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate the Agreement funding through a future reconciliation. (C-22-19-002-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Justice Systems Planning - Planificación de Sistemas de Justicia 54. 2017 EDWARD BYRNE MEMORIAL JUSTICE GRANT 1. Accept the award for grant funding from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. FY 2017 Local Solicitation (2017-H2175-AZ-DJ) in the total amount of $1,001,144. Formal Meeting Minutes Wednesday, August 01, 2018 Page 69 of 105 2. Authorize the IGA (C-95-18-001-G-00) between Maricopa County and the Cities of Phoenix and Mesa. The IGA is required pursuant to the grant application. This IGA includes negotiated reallocation to Maricopa of $274,144 and $727,000 in funds reallocated to the City of Mesa ($127,000) and the City of Phoenix ($600,000). Grant awards are to be expended within four (4) year period of time, starting retroactively on October 1, 2016 and ending September 30, 2020. The JAG grant does allow up to 10 percent of the award for the administrative costs associated with administering JAG funds, which includes indirect costs, and Maricopa County has been designated as the fiscal agent for this consortium and municipalities. 3. Authorize and Approve the Chairman of the Board of Supervisors to execute the IGA C- 95-18- 001-G-00, including approval for the Chair to sign the Certification of Assurances for the 2017 JAG Funds. 4. Approve the distribution of 2017 JAG funding among five (5) county departments. Maricopa County will receive $274,144 through this grant. The Assistant County Manager’s Office will receive $74,144; Adult Probation will receive $40,000; The County Attorney’s Office will receive $40,000; The Sheriff’s Office will receive $40,000; The Office of the Medical Examiner will receive $40,000, and Juvenile Probation will receive $40,000. 5. Approve the waiver of administration costs above 7.4% of funding allocated to Assistant County Manager/Justice System planning and Information. Administrative costs over 7.4% are being waived so that the majority of the grant funding can be sub-granted to partner agencies, per the IGA (C-95-18-001- G-00). Recovery of Indirect costs for remaining county departments (Adult Probation, County Attorney, Sheriff’s Office, Office of the Medical Examiner and Juvenile Probation) and sub-recipients is not allowed. Assistant County Manager/Justice System Planning and Information (JSPI) FY 2019 indirect rate is 47.1%. JSPI will receive a total of $74,144 for grant administration, which includes $34,921.82 indirect cost recover, which is allowable. Adult Probation will receive a total of $40,000; at their FY 2019 indirect rate of 13.3%, their indirect costs are $5,320, all of which is unallowable. The County Attorney’s Office will receive a total of $40,000; at their FY 2019 indirect rate of 13.5%, their indirect costs are $5,400, all of which is unallowable. Juvenile Probation will receive a total of $40,000; at their FY 2019 indirect rate of 23.3%, their indirect costs are $9,320, all of which is unallowable. The Office of the Medical Examiner will receive a total of $40,000; at their FY 2019 indirect rate of 20.9%, their indirect costs are $8,360, all of which is unallowable The Sheriff’s Office will receive a total of $40,000; at their FY 2019 indirect rate of 18.3%, their indirect costs are $7,320, all of which is unallowable. Total indirect costs are $70,642 of which $34,922 is recoverable and $35,720 is unallowable. The unrecoverable indirect costs will be absorbed by each departments’ operating budget. 6. Pursuant to A.R.S. 42-17106 (B), approve the following a. Increase the revenue and expenditure authority in the Assistant County Manager (D950) Non Departmental Grant (249) Operating (OPER) in the amount of $801,144. Grant revenues are not local revenues for the purpose of constitutional expenditure limitation, and therefore, expenditure of the funds in not prohibited by the budget laws. This budget adjustment does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S §42-17105. The grant award is reoccurring and has been awarded to the department previously. The department has no in-kind match requirement or ongoing cash contributions during the grant award period. The grant allows up to 10% for administration which includes indirect costs. The grant award is not a mandated function but provides a benefit to the citizens by providing states and units of local governments with critical funding necessary to support a range of program areas including law enforcement, prosecution and court programs, Formal Meeting Minutes Wednesday, August 01, 2018 Page 70 of 105 prevention and education programs, corrections and community corrections, drug treatment and enforcement, crime victim and witness initiatives, and planning, evaluation, and technology improvement programs. The grant award is competitively bid and other eligible agencies may or may not bid on this grant award. Any unallowable indirect costs will be absorbed by the departments. The grant award will begin 10/1/2016 and end 9/30/2020. D950 will retain $74,144. The grant allows up to 10% for administration, which includes indirect costs. The Maricopa County Department of Finance has calculated the Assistant County Manager - Department D950’s composite indirect cost rate at 47.1% ($34,922). (C-95-18-001-G-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Parks and Recreation - Parques y Recreación 55. AMENDMENT TO USE MANAGEMENT AGREEMENT WITH CASEY AT THE BAT Approve Amendment Two to the Use Management Agreement between Maricopa County and Casey at the Bat (C-30-08-027-1-00) exercising the last renewal option through June 30, 2023. Amendment Two continues the operation, management and maintenance of the Paradise Valley concession site known as Casey at the Bat, and exercises the final five-year renewal option. Term of the Agreement is extended through June 30, 2023. The Fee Payment Schedule to the County is also hereby amended to extend the fees to be paid to the County through June 30, 2023, with fee adjustments based on the five year incremental increases per the original Fee Payment Schedule. The activities for this concession is located in Supervisory District 3. (C-30-08-027-1-03) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 56. DONATION FROM WET ‘N’ WILD PHOENIX Accept the restricted non-monetary donations of 400 admission tickets ($17,596 value) from Wet ‘n’ Wild Phoenix for the Parks and Recreation’s 2018 Interpretive Ranger summer programs and social media contest prizes. (C-30-18-025-D-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 57. DONATION FROM JOHANNA WOOD Accept the restricted monetary donations of $1,000 from Johanna Wood for a memorial bench to be placed within San Tan Mountain Regional Park. Donation revenue funds are deposited into Fund 243 as they are received. Donation funds are not local revenues for the purpose of 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 Formal Meeting Minutes Wednesday, August 01, 2018 Page 71 of 105 local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-30-19-001-D- 00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Public Health - Salud Pública 58. AGREEMENT WITH SHARE OUR STRENGTH, INC. Approve a non-financial Partnership Agreement (PA) between Share our Strength, Inc. and Maricopa County by and through its Department of Public Health (MCDPH) to provide the Cooking Matters course within the community. Cooking Matters helps end childhood hunger by empowering families to make healthy food choices. Their programs help parents and caregivers struggling with limited food budgets learn how to shop for and cook healthy and affordable meals. Cooking Matters is a campaign of Share Our Strength, an organization working to end hunger and poverty. Walmart is the national sponsor of Share Our Strength’s Cooking Matters. (C-86-19-003-3-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 59. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR EMERGENCY PREPAREDNESS PROGRAM Approve a retroactive, Amendment No. 4 to Intergovernmental Agreement (IGA) Agreement No. (ADHS17-133194), Emergency Preparedness Program (EPP) between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Office of Preparedness and Response (OPR) to provide funding for an emergency preparedness program services. Also, pursuant to Terms and Conditions, Provision 6. Contract Changes, Section 6.1 Amendments, Purchase Orders and Changes Orders, 1.) The Scope of Work is revised to add the Scope of Work of this Amendment four (4); 2.) The Contract Price Sheet is revised to include the Price sheet of this Amendment Four (4); and 3.) Attachment A is added to the Scope of Work of this Amendment Four (4). The retroactive status is due to the processing time of the grant at ADHS. The EPP grant award is reoccurring and has been awarded to the department in previous years. This grant has a 10% in-kind match, indirect cost is fully recoverable, ongoing cash contributions are not required. The grant award is not a mandated function but provides a benefit to the citizens by targeting the local health departments to insure they have the capability to become prepared to respond to a major response/evacuation in the event of an act of terrorism or disease outbreak. The grant award is non-competitive. There are no costs that will need to be absorbed by the department’s operating budget. The cumulative budget amount is $2,714,054.00. The price sheet budget period One (1) is from July 1, 2018 through June 30, 2019. The IGA term begins July 1, 2016 and terminates June 30, 2021. The retro-active is due to recent issuance of this amendment by ADHS. The price sheet budget lines are the following: • Public Health Emergency Preparedness (PHEP): $1,721,122.00 •Cities Readiness Initiative (CRI): 992,932.00 Maricopa County Department of Public Health’s Indirect Rate for FY2018-19 is 18.9%. The Formal Meeting Minutes Wednesday, August 01, 2018 Page 72 of 105 indirect costs are estimated at $431,418, which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-16-112-3-04) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 60. AMENDMENT TO CONTRACT WITH DIGNITY HEALTH FOR COMMUNITY HEALTH NEEDS ASSESSMENT REPORT Approve Amendment 4 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 provide a CHNA to Dignity Health. The contract is amended as follows: A. Coversheet, 3. Contract Amount is changed to an aggregate, not-to-exceed (NTE) total amount from $220,000.00 to $290,000.00 (increased $70,000.00 for the budget period July 1, 2018 through June 30, 2019); B. Coversheet, 6. Expiration Date is extended to June 30, 2019. C. Section III, Work Statement, Service Goals A, County agrees to add three (3) additional sites as follows: 1. Arizona Spine and Joint Hospital- 4620 E Baseline Rd, Mesa, AZ 85206 2. Arizona General Hospital – Mesa-9130 E Elliot Rd, Mesa, AZ 85212 3. Kindred Rehabilitation Hospital- 1515 W. Chandler Blvd. Chandler, AZ 85224 D. Section IV. Compensation, 1. Compensation A., remove and replace with the following: A. Subject to the availability of funds, the Hospital shall pay the County for the services described herein for a sum not to exceed $70,000 over the budget period of July 1, 2018 through June 30, 2019. E. Section IV. Compensation, 1. Compensation B., remove and replace with the following: B. The Hospital shall pay the County an aggregate amount not to exceed (NTE) $290,000 for the term of this Contract. 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 Formal Meeting Minutes Wednesday, August 01, 2018 Page 73 of 105 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-86-15-049-3-06) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 61. AMENDMENT TO IGA WITH DEER VALLEY UNIFIED SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICE Approve Amendment 2 to the Intergovernmental Agreement (IGA) between Deer Valley Unified School District and Maricopa County by and through its Department of Public Health (MCDPH) for continued participation in the School-based Tobacco Use Prevention and Education Services; School Health Index (SHI) and School Health Implementation Plan (SHIP). The above named IGA is hereby amended as specified below: A. Additional funding in the amount of $7,500.00 for the budget period beginning September 1, 2018 and ending May 31, 2020, for a total, not-to-exceed amount of $16,000.00 for the IGA term of September 1, 2017 through May 31, 2020. B. Replace Attachment A with the Revised Attachment A. All other terms and conditions of the original contract and its amendments shall remain in full force and effect. This program is funded by the HPHC Integrated IGA through ADHS. It is non-competitive and is expected to reoccur. MCDPH has been receiving this grant since 2015. There is no cash or in-kind match required nor is there any future, on-going contributions needed. Program services supported by the grant are not mandated but benefit citizens through efforts to develop ‘Healthy Communities’ with interventions at the community or society level, targeting policy, systems, and environmental approaches that shape the communities in which we live, and with the development of ‘Healthy People’ through interventions at the individual level, targeting individual behavior and promoting the making of healthy choices. MCDPH’s indirect rate for FY2018-19 is 18.9%. The indirect costs are estimated at $560,180 ($326,886 for Tobacco, $88,012 for HAPI-CD, $47,528 for HAWP, $7,432 for PHHS, $36,534 for TPP and $53,788 for MCH), all of which is recoverable. The PHHS Block Grant portion deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect costs reimbursement. $7,432 indirect is recoverable, while $6,614 is not recoverable and will be subsidized by the MCDPH indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. (C-86-18-014-3-02) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, August 01, 2018 Page 74 of 105 62. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR WIC SERVICES Approve Amendment No. 11 to Intergovernmental Agreement (IGA) Combined, Cost Reimbursement Contract No. (ADHS14-053007), Women, Infants and Children (WIC), Breastfeeding Peer Counseling (BFPC), Farmer’s Market Nutritional Program (FMNP), and On-line Nutritional Educational Discussion Session (ONEDS) Services, between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Office of WIC Service (OWS) to provide additional funding for WIC Services. Pursuant to the Terms and Conditions, Provision Six (6), Contract Changes, Sub Section 6.1, Amendments, Purchase Orders and Change Orders, the WIC Services price sheet hereby amended to reflect a 0.9% increase to the Registered Dietician Supplement line item. The WIC grant award is reoccurring and has been awarded to the department in previous years. This grant does not require an in-kind match; indirect cost is fully recoverable; and ongoing cash contributions are also not required. The grant award is not a mandated function but provides a benefit to the citizens by providing vouchers for approved foods (milk, cheese, cereals, peanut butter, eggs, infant formula, and juice etc.) for low-income pregnant, post-partum, breast-feeding women, infants, and children up to five (5) years of age. Clients also receive nutrition and breast-feeding education and referrals to applicable social services. The grant award is competitive. There are no costs that will need to be absorbed by the department’s operating budget. The Price Sheet is increased by $8,960, bringing the total from $8,901,440.00 to $8,910,400.00, for the budget period effective October 1, 2017 through September 30, 2018. The term of the IGA is October 1, 2013 through September 30, 2018. All other provisions of this agreement shall remain in their entirety. Maricopa County Department of Public Health’s Indirect Rate for FY2018-19 is 18.9%. The additional indirect costs are estimated at $1,424, which are fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-14-023-3-21) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 63. AMENDMENT TO COMBINED IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HEALTHY PEOPLE HEALTHY COMMUNITIES Formal Meeting Minutes Wednesday, August 01, 2018 Page 75 of 105 Approve Amendment No. 7 to Intergovernmental Agreement (IGA) Combined Fixed Price Contract (No. ADHS16-102232) between Arizona Department of Health Services (ADHS), Healthy People Healthy Communities and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for the Tobacco, Health in Arizona Policy Initiative – Chronic Disease (HAPI-CD), Healthy Arizona Worksite Program (HAWP), Preventive Health and Health Service (PHHS) block grant, Teen Pregnancy Prevention (TPP), and Maternal and Child Health (MCH). This grant funds work to promote county- wide health changes and maximize the public health impact. The Price Sheet is for a total not-to-exceed amount of $3,559,090.00, for the budget period July 1, 2018 through June 30, 2019. The term of the Agreement is July 1, 2015 through June 30, 2020. The individual program are: Action Plan-All Programs: 250,366.00 Tobacco: 1,953,618.00 HAPI-CD: 536,746.00 HAWP: 282,038.00 PHHS: 81,750.00 TPP: 183,868.00 MCH: 270,704.00 In addition, the Scope of Work is replace with the revised Scope of Work; and, Exhibit C is replaced with the revised Exhibit C. The HPHC Integrated IGA through ADHS. It is non-competitive and is expected to reoccur. MCDPH has been receiving this grant since 2015. There is no cash or in-kind match required nor is there any future, on-going contributions needed. Program services supported by the grant are not mandated but benefit citizens through efforts to develop ‘Healthy Communities’ with interventions at the community or society level, targeting policy, systems, and environmental approaches that shape the communities in which we live and with the development of ‘Healthy People’ through interventions at the individual level, targeting individual behavior and promoting their making healthy choices. MCDPH’s indirect rate for FY2018-19 is 18.9%. The indirect costs are estimated at $560,180 ($326,886 for Tobacco, $88,012 for HAPI-CD, $47,528 for HAWP, $7,432 for PHHS, $36,534 for TPP and $53,788 for MCH), all of which is recoverable. The PHHS Block Grant portion deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect costs reimbursement. $7,432 indirect is recoverable, while $6,614 is not recoverable and will be subsidized by the MCDPH indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-15-112-3-08) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, August 01, 2018 Page 76 of 105 64. AMENDMENT TO IGA WITH FOWLER ELEMENTARY SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICE Approve an amendment to the Intergovernmental Agreement (IGA) between Fowler Elementary School District and Maricopa County by and through its Department of Public Health (MCDPH) to provide year 2 funding to one elementary school for School-based Tobacco Use Prevention and Education Services; School Health Index (SHI) and School Health Implementation Plan (SHIP). Funding is in the amount of $2,500.00 for the budget period September 1, 2018 through August 31, 2019 for a not to exceed amount of $7,000.00 for the IGA term of September 1, 2017 through May 31, 2020. This program is funded by the HPHC Integrated IGA through ADHS. It is non-competitive and is expected to reoccur. MCDPH has been receiving this grant since 2015. There is no cash or in-kind match required nor is there any future, on-going contributions needed. Program services supported by the grant are not mandated but benefit citizens through efforts to develop ‘Healthy Communities’ with interventions at the community or society level, targeting policy, systems, and environmental approaches that shape the communities in which we live and with the development of ‘Healthy People’ through interventions at the individual level, targeting individual behavior and promoting their making healthy choices. MCDPH’s indirect rate for FY2018-19 is 18.9%. The indirect costs are estimated at $560,180 ($326,886 for Tobacco, $88,012 for HAPI-CD, $47,528 for HAWP, $7,432 for PHHS, $36,534 for TPP and $53,788 for MCH), all of which is recoverable. The PHHS Block Grant portion deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect costs reimbursement. $7,432 indirect is recoverable, while $6,614 is not recoverable and will be subsidized by the MCDPH indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. (C-86-18-013-3-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 65. CONTRACT WITH SOUTHWEST HUMAN DEVELOPMENT FOR NURSE FAMILY PARTNERSHIP - HOME VISITATION Approve retroactive contract with between Southwest Human Development (SWHD), Nurse Family Partnership (NPR), Home Visitation (HV) and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for the Nurse Family Partnership (NFP) program for the East Maricopa Region. The SWHD NFP program will adopt and implement the NFP model in the East Maricopa Region to provide comprehensive community health nursing services to eligible women and their families. The retroactive status is due to the pending receipt and final execution of the funding grant. This contract is funded through an Arizona Early Childhood Development and Health Board (AECDHB), First Things First (FTF), Home Visitation, Nurse Family Partnership, East Maricopa grant. The FTF grant award is recurring and has been awarded in previous Formal Meeting Minutes Wednesday, August 01, 2018 Page 77 of 105 years. This grant does not require an in-kind match; has a maximum of 10% indirect cost reimbursement as delegated in the Grant Agreement; and ongoing cash contributions are also not required. The grant award is not a mandated function but provides a benefit to the citizens by providing intensive family support to 50 high risk pregnant women. In addition, age-appropriate developmental and sensory screenings will be provided to 50 children of enrolled families throughout the first 2 years of their life. The grant award is competitive. There are no costs that will need to be absorbed by the department’s operating budget. The funding for the budget period of July 1, 2018 through June 30, 2019 is in the not-to- exceed amount of $146,971. The term of this Agreement is July 1, 2018 through June 30, 2022 unless terminated, cancelled or extended. The parties may renew this Agreement for up to three (3) additional twelve (12) month extensions. This SWHD contractor is subject to the Maricopa County Procurement Code pursuant to Section MCI-328, (PH NOI 002). (C-86-19-004-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 66. CONTRACT WITH PUBLIC HEALTH FOUNDATION ENTERPRISES, INC., DBA HELUNA HEALTH IN ASSOCIATION WITH INSTITUTE FOR HEALTHCARE IMPROVEMENT Approve a retro-active contract between Public Health Foundation Enterprises, Inc., DBA Heluna Health in association with the Institute for Healthcare Improvement (IHI), and Maricopa County by and through its Department of Public Health for continued funding of the SCALE Regions of Solutions project. This agreement is retro-active due to late issuance of contract by Grantor. Funding in the amount of $36,220 for the budget period May 1, 2018 through April 30, 2019. The grant award may or may not be reoccurring. Cash or in-kind match is not required and ongoing cash contributions are not required. The grant award is not a mandated function but provides a benefit to the citizens with efforts to equip communities with skills and resources. Find more on benefits under 'Additional Information'. The grant award was competitively bid. Maricopa County Department of Public Health’s indirect rate for FY 2018-19 is 18.9%. The grant allows 12% indirect costs, estimated at $3,881. Unrecoverable indirect costs are estimated at $2,231 and will be subsidized by the Department’s indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from the Robert Wood Johnson Foundation and will not affect the County’s general fund. (C-86-19-005-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, August 01, 2018 Page 78 of 105 67. GRANT AWARD AND AGREEMENT WITH VITALYST HEALTH FOUNDATION FOR SOUTH PHOENIX HEALTHY START Approve and Accept a Programmatic Grant Award and agreement between Vitalyst Health Foundation (VHF) and Maricopa County by and through its Department of Public Health (MCDPH), South Phoenix Healthy Start (SPHS) to funding for a doula program. This funding will support SPHS to facilitate and augment an existing doula program in the Estrella Jail Systems. Funding is in the not-to-exceed amount of $50,000 for a one year budget period beginning at execution of the agreement by all parties. The VHF grant award is a one-time grant, with a possible recurring future term and is awarded to the department this year. This grant does not require an in-kind match; indirect cost is fully recoverable; and ongoing cash contributions are also not required. The grant award is not a mandated function but provides a benefit to the citizens by providing quality health care for incarcerated women in the Estrella Jail Systems that might improve attachment and parenting behaviors, and reduce recidivism. The grant award is competitive. There are no costs that will need to be absorbed by the department’s operating budget. MCDPH’s indirect rate for FY 2018-19 is 18.9%. The full indirect costs are estimated at $7,948, all of which is fully-recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-86-19- 007-G-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 68. IGA WITH FOWLER ELEMENTARY SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICE Approve an Intergovernmental Agreement (IGA) between Fowler Elementary School District and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for School-based Tobacco Use Prevention and Education Services; School Health Index (SHI) and School Health Implementation Plan (SHIP). Funding is in the not- to-exceed amount of $9,000.00 for the budget period August 1, 2018 through May 31, 2021. The IGA term is August 1, 2018 through May 31, 2021. This Program is funded the HPHC Integrated IGA through ADHS. It is non-competitive and is expected to reoccur. MCDPH has been receiving this grant since 2015. There is no cash or in-kind match required nor is there any future, on-going contributions needed. Program services supported by the grant are not mandated but benefit citizens through efforts to develop ‘Healthy Communities’ with interventions at the community or society level, targeting policy, systems, and environmental approaches that shape the communities in which we live and with the development of ‘Healthy People’ through interventions at the Formal Meeting Minutes Wednesday, August 01, 2018 Page 79 of 105 individual level, targeting individual behavior and promoting their making healthy choices. MCDPH’s indirect rate for FY2018-19 is 18.9%. The indirect costs are estimated at $560,180 ($326,886 for Tobacco, $88,012 for HAPI-CD, $47,528 for HAWP, $7,432 for PHHS, $36,534 for TPP and $53,788 for MCH), all of which is recoverable. The PHHS Block Grant portion deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect costs reimbursement. $7,432 indirect is recoverable, while $6,614 is not recoverable and will be subsidized by the MCDPH indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. (C-86-18-102-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 69. IGA WITH SCOTTSDALE UNIFIED SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICE Approve an Intergovernmental Agreement (IGA) between Scottsdale Unified School District and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for School-based Tobacco Use Prevention and Education Services; School Health Index (SHI) and School Health Implementation Plan (SHIP). Funding is in the not-to- exceed amount of $4,500.00 for the budget period beginning August 1, 2018 through May 31, 2021. This program is funded by the HPHC Integrated IGA through ADHS. It is non-competitive and is expected to reoccur. MCDPH has been receiving this grant since 2015. There is no cash or in-kind match required nor is there any future, on-going contributions needed. Program services supported by the grant are not mandated but benefit citizens through efforts to develop ‘Healthy Communities’ with interventions at the community or society level, targeting policy, systems, and environmental approaches that shape the communities in which we live and with the development of ‘Healthy People’ through interventions at the individual level, targeting individual behavior and promoting their making healthy choices. MCDPH’s indirect rate for FY2018-19 is 18.9%. The indirect costs are estimated at $560,180 ($326,886 for Tobacco, $88,012 for HAPI-CD, $47,528 for HAWP, $7,432 for PHHS, $36,534 for TPP and $53,788 for MCH), all of which is recoverable. The PHHS Block Grant portion deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect costs reimbursement. $7,432 indirect is recoverable, while $6,614 is not recoverable and will be subsidized by the MCDPH indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. The Maricopa County Department of Public Health (MCDPH) is funded by ADHS to identify effective strategies and implement school-based tobacco use prevention services for Maricopa County as part of the MCDPH comprehensive tobacco control program. (C-86- 19-001-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, August 01, 2018 Page 80 of 105 70. IGA WITH PHOENIX ELEMENTARY SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICE Approve an Intergovernmental Agreement (IGA) between Phoenix Elementary School District and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for School-based Tobacco Use Prevention and Education Services; School Health Index (SHI) and School Health Implementation Plan (SHIP). Funding is in the not- to-exceed amount of $9,000.00 for the budget term beginning August 1, 2018 through May 31, 2021. The IGA term is August 1, 2018 through May 31, 2021. This program is funded by the HPHC Integrated IGA through ADHS. It is non-competitive and is expected to reoccur. MCDPH has been receiving this grant since 2015. There is no cash or in-kind match required nor is there any future, on-going contributions needed. Program services supported by the grant are not mandated but benefit citizens through efforts to develop ‘Healthy Communities’ with interventions at the community or society level, targeting policy, systems, and environmental approaches that shape the communities in which we live and with the development of ‘Healthy People’ through interventions at the individual level, targeting individual behavior and promoting their making healthy choices. MCDPH’s indirect rate for FY2018-19 is 18.9%. The indirect costs are estimated at $560,180 ($326,886 for Tobacco, $88,012 for HAPI-CD, $47,528 for HAWP, $7,432 for PHHS, $36,534 for TPP and $53,788 for MCH), all of which is recoverable. The PHHS Block Grant portion deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect costs reimbursement. $7,432 indirect is recoverable, while $6,614 is not recoverable and will be subsidized by the MCDPH indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. The Maricopa County Department of Public Health (MCDPH) is funded by ADHS to identify effective strategies and implement school-based tobacco use prevention services for Maricopa County as part of the MCDPH comprehensive tobacco control program. (C-86- 19-006-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 71. LETTER OF AGREEMENT WITH VITALYST HEALTH FOUNDATION FOR HYPERTENSION AND CARDIOVASCULAR DISEASE PREVENTION Approve a Letter of Agreement between Vitalyst Health Foundation (Vitalyst) and Maricopa County by and through its Department of Public Health (MCDPH), Office of Community Health Innovations (OCHI) to provide additional funding for the ‘Community Health Re- Imagined’, a program to prevent and decrease the incidence of hypertension and cardiovascular disease. The increased funding is in the amount of $210,000.00 for the budget term July 1, 2018 through June 30, 2021. The initial funding is in the amount of $70,000.00 for the budget period July 1, 2018 through June 30, 2019. The Vitalyst grant is entering its second 3-year term. There is no cash or in-kind matching requirement and on-going contributions are not required. The grant program is not a mandated service but serves the citizenry of Maricopa County with its Million Hearts 2022 Chronic Disease Self-Management Education program. This is a competitive grant opportunity. MCDPH’s indirect rate for FY 2018-19 is 18.9%. The full indirect costs are Formal Meeting Minutes Wednesday, August 01, 2018 Page 81 of 105 estimated at $33,381, all of which is fully-recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. MCDPH will not be required to subsidize the project. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-86-16- 048-3-02) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 72. NOTICE OF AWARD WITH HEALTH RESOURCES AND SERVICES ADMINISTRATION FOR HEALTHY START INITIATIVE Approve Notice of Award (NOA) No. (6 H49MC00174-17-03), Grant No. (H49MC00174), Healthy Start Initiative (HSI): Eliminating Disparities in Perinatal Health, from Department of Health and Human Services, (DHHS), Health Resources and Services Administration (HRSA) to Maricopa County through its Department of Public Health (MCDPH), South Phoenix Healthy Start (SPHS) to provide carryover of an unobligated balance in the amount of $94,640 from budget period November 11, 2016 – October 31, 2017 for the Healthy Start program. The HSI grant award is reoccurring and has been awarded to the department in previous years. This grant does not require an in-kind match; indirect cost is fully recoverable; and ongoing cash contributions are also not required. The grant award is not a mandated function but provides a benefit to the citizens in perinatal case management services, health education events and learning opportunities, and community referrals to women and their families in the large urban Maricopa County communities of South Phoenix, Maryvale, and Laveen. The grant award is competitive. There are no costs that will need to be absorbed by the department’s operating budget. This additional carryover fund for a total not-to-exceed amount of $94,640, bringing the total amount from $1,813,789 to $1,908,429 for the budget period November 1, 2017 through October 31, 2018. The project period is June 1, 2002 through March 31, 2019. The Department of Public Health’s indirect rate for FY 2018-19 is 18.9%. The additional full Indirect costs are estimated at $15,044, all of which is allowable. Departmental Indirect Rates are reestablished at the beginning of each fiscal year and the future Indirect Rate will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by HRSA and will not affect the County’s General Fund. (C- 86-02-165-2-39) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 73. PURCHASE ORDER FOR IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Formal Meeting Minutes Wednesday, August 01, 2018 Page 82 of 105 FOR DENTAL SEALANT PROGRAM Approve a retroactive second Purchase Order (PO) No. (ADHS18-175153:1) for Intergovernmental Agreement (IGA) No. ADHS18-175153, Office of Oral Health (OOH) Dental Sealant Services between Arizona Department of Health Services (ADHS) and Maricopa County through its Department of Public Health (MCDPH), Office of Oral Health (OOH) to provide additional funding for the Dental Sealant (DS) Program. The retroactive status is due to additional ADHS negotiation with their grantors. The Dental Sealant (DS) grant award is reoccurring and has been awarded to the department in previous years. This grant does not require an in-kind match; indirect cost is fully recoverable; and ongoing cash contributions are also not required. The grant award is not a mandated function but provides a benefit to the citizens by providing the DS services necessary to promote oral health and provide authorized preventive dental services to at- risk children in Maricopa County. The grant award is competitive. There are no costs that will need to be absorbed by the department’s operating budget. The PO effective period is January 1,2018 through December 31, 2018, for the additional amount of $45,975, bringing the total not to exceed amount from $394,347 to $440,322. The term for this IGA is January 1, 2018 through December 31, 2022. MCDPH’s Indirect Rate for FY 2018-19 is 18.9%. The increased indirect costs are estimated at $7,308, all of which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rate. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This IGA does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funds for this grant are provided by ADHS and do not increase the County’s general fund. (C-86-18- 060-3-03) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 74. RESCIND LEASE AGREEMENT P-50310 WITH MARICOPA COUNTY SPECIAL HEALTHCARE DISTRICT, MARICOPA INTEGRATED HEALTH SYSTEM Rescind the action taken by the Board on October 25, 2017 for item (C-86-18-035-1-00) for Lease Agreement No. P-50310 between MarIcopa County Special Healthcare District, Maricopa Integrated Health System (MIHS) and Maricopa County. The rescind action is necessary due to MIHS senior leadership decided not move forward with the lease agreement. The original IGA was not signed by MIHS. (C-86-18-035-1-01) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 75. RESCIND AND APPROVE REVISED IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR TUBERCULOSIS CONTROL PROGRAM Rescind approval of item C-86-18-080-3-00, approved on 12/13/2017, and approve revised Formal Meeting Minutes Wednesday, August 01, 2018 Page 83 of 105 Intergovernmental Agreement (IGA) ADHS19-206652 between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH) for the Tuberculosis Control Program. The Price Sheet is in the not-to- exceed amount of $281,650.00 for the budget period July 1, 2018 through June 30, 2019. The IGA term is July 1, 2018 through June 30, 2023. Revised is the ADHS contract number only. This grant award is non-competitive and reoccurring and has been awarded to the Department for many years. It is a mandated service and there is no matching requirement. On-going contributions are not required. The Department of Public Health’s indirect rate for FY2019 is 18.9%. Indirect costs are estimated at $44,770.00, all of which is fully recoverable. There are no costs that will need to be absorbed by the MCDPH operating budget. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funds for this Agreement are provided by ADHS and do not affect the County’s general fund. (C-86- 19-002-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Real Estate - Bienes Raíces 76. GRANT EASEMENT TO SOUTHWEST GAS CORPORATION Approve and authorize the granting of an easement without a public auction pursuant to A.R.S. 11-251 (9), in consideration of $1.00 and other good and valuable consideration, to Southwest Gas Corporation (SWG), its successors and assigns, for the distribution of natural gas (and for all other purposes connected therewith) in, upon, over, under across through and along the easement parcel, and authorize the Chairman of the Board to execute all necessary documents approved by Counsel to grant such easement. THIS ITEM REQUIRES THE UNANIMOUS CONSENT OF THE BOARD. This easement is necessary to relocate a portion of an existing gas line for the 225 Madison project. (C-78-19-001-3-00) Motion to approve by roll call vote by Supervisor Hickman, seconded by Supervisor Gallardo The Clerk called the roll with the following results: Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation - Transportación 77. AGREEMENT WITH MARICOPA ASSOCIATION OF GOVERNMENTS FOR NORTHERN PARKWAY: EL MIRAGE ALTERNATIVE ACCESS Formal Meeting Minutes Wednesday, August 01, 2018 Page 84 of 105 Approve the Project Agreement between Maricopa County and Maricopa Association of Governments (MAG) for Northern Parkway: El Mirage Alternative Access. Also approve the receipt and expenditure of MAG reimbursements in the amount programmed by MAG for this project currently or as adjusted in the future. The purpose of the agreement is to identify and define the responsibilities of Maricopa County and MAG relating to designated project. Maricopa County Department of Transportation will act as the lead agency for all aspects of the Project in conjunction with the Northern Parkway Executive Committee. The project will design and construction for the Northern Parkway El Mirage Alternative Access. Funds are budgeted in the Transportation Department (640) Transportation Capital Project Fund (234) for MAG ALCP (ALCP) Project, sub-project TT0498. The estimated total cost for the project is $4,040,000. The County’s estimated cost share contribution is $1,125,091.The federal funds estimated cost share contribution is $2,914,909. This Agreement authorizes the Parties to make cost adjustments necessary for inflation or otherwise required. Supervisory District No. 4. (C-64-19-008-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 78. BID AND AWARD FOR US 80 AT THE BUTTERFIELD WASH Approve for the solicitation of bids for the Maricopa County Department of Transportation’s construction of a permanent stormwater protection of the downstream side of the low-water wash crossing of Old US 80 at the Butterfield Wash. Award the contract to the lowest responsive bidder, provided that the lowest bid does not exceed the Engineer’s estimate by more than ten percent. Funds will be budgeted through the Maricopa County Transportation Department (D640) Transportation Capital Projects Fund (234) Traffic Management (TMAN), Sub-Project TT0560. The proposed project will construct permanent stormwater erosion protection for the downstream side of the low-water wash crossing of Old US 80 at the Butterfield Wash. This wash is located approximately 7 miles north of Gila Bend in Section 4 of T5S, R4W, within District 5 of Maricopa County, Arizona. Supervisory District No. 5. (C-64-18-142-5-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 79. CHANGE IN TRAFFIC CONTROLS ON BASELINE ROAD Approve a change in traffic controls (Speed Limits) on unincorporated right-of-way at the following location: 1. A 30 MPH SPEED LIMIT ZONE (from a 35 MPH SPEED LIMIT ZONE) on Baseline Road from 1st Avenue East to Maricopa County Route 85. (This partially rescinds the 35 Formal Meeting Minutes Wednesday, August 01, 2018 Page 85 of 105 MPH speed limit zone dated August 9, 1971). This agenda item is the result of a Traffic Engineering Study conducted at the request of the residents. Supervisory Districts No. 4 (C-64-18-134-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 80. CHANGE IN TRAFFIC CONTROLS ON MOUNTAIN ROAD Approve a change in traffic controls (Speed Limits) on unincorporated right-of-way at the following location: 1. A 40 MPH SPEED LIMIT ZONE (from a 45 MPH SPEED LIMIT ZONE) on Mountain Road from Williams Field Road to Galveston Street. (This completely rescinds the 45 MPH speed limit zone dated November 20, 1991.) 2. A 40 MPH SPEED LIMIT ZONE (from a 35 MPH SPEED LIMIT ZONE) on Mountain Road from Galveston Street to Ray Road. (This completely rescinds the 35 MPH speed limit zone dated December 9, 2015.) This agenda item is the result of a Traffic Engineering Study conducted at the request of the residents. Supervisory District No. 2. (C-64-18-135-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 81. CHANGE IN TRAFFIC CONTROLS ON BETHANY HOME ROAD Approve a change in traffic controls (Speed Limits) on unincorporated right-of-way at the following location: 1. A 35 MPH SPEED LIMIT ZONE (from a 45 MPH SPEED LIMIT ZONE) on Bethany Home Road from Perryville Road to 183rd Avenue. (This partially rescinds the 45 MPH speed limit zone dated December 17, 1997). This agenda item is the result of a Traffic Engineering Study requested by the Agua Fria Union High School District to lower the posted speed limit approaching their newly constructed school. Supervisory District No. 4. (C-64-18-136-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 82. NEW TRAFFIC CONTROLS ON 96TH WAY Approve new traffic controls (Yield Signs) on unincorporated right-of-way at the following location: 1. A ONE-WAY YIELD on 96th Way at Sunland Avenue for southbound traffic. This agenda item is the result of an engineering study being conducted to install Yield signs on county roadways. Supervisory District No. 2. (C-64-18-137-M-00) Formal Meeting Minutes Wednesday, August 01, 2018 Page 86 of 105 Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 83. NEW TRAFFIC CONTROLS ON GRAND AVENUE Approve new traffic controls (No Stopping, Standing, Parking Any Time) on unincorporated right-of-way at the following location: 1. A NO STOPPING, STANDING, PARKING ANY TIME on Grand Avenue from 102nd Avenue to 101st Avenue. (North Side Only) This agenda item is the result of a Traffic Engineering Study conducted at the request of the MCSO. 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-64-18-138-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 84. NEW TRAFFIC CONTROLS ON WHITMAN DRIVE Approve new traffic controls (No Stopping, Standing, Parking Any Time) on unincorporated right-of-way at the following locations: 1. A No Stopping, Standing, Parking Any Time Zone on Whitman Drive from Courage Trail to Freedom Way (Both sides). This agenda item is the result of a Traffic Engineering Study conducted at the request of the Maricopa County Sheriff’s Office, the Principle of Anthem Elementary School and the Deer Valley School District. Parents are parking their vehicles on both sides of the roadways and are causing safety issues when they walk their children across and from behind parked vehicles in front of the traveling public. In the interest of public safety these signs are warranted. Supervisory District No. 3. (C-64-18-140-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 85. NEW TRAFFIC CONTROLS ON HASTINGS WAY Approve new traffic controls (No Stopping, Standing, Parking Any Time) on unincorporated right-of-way at the following locations: 1. A No Stopping, Standing, Parking Any Time Zone on Hastings Way from Hickok Trail to 150 feet west of Kuralt Drive (Both sides). 2. A No Stopping, Standing, Parking Any Time Zone on Kuralt Drive from Clearview Trail/Lost Legend Drive to Hastings Way (Both sides). 3. A No Stopping, Standing, Parking Any Time Zone on Noble Hawk Way from Kuralt Drive to Hastings Way (Both sides). Formal Meeting Minutes Wednesday, August 01, 2018 Page 87 of 105 This agenda item is the result of a Traffic Engineering Study conducted at the request of the Principle of Diamond Canyon Elementary School. Parents are parking their vehicles on both sides of the roadways and are causing safety issues when they walk their children across and from behind parked vehicles in front of the traveling public. In the interest of public safety these signs are warranted. Supervisory District No. 3. (C-64-18-139-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 86. NEW TRAFFIC CONTROLS IN THE EAST VALLEY SUBDIVISION ON EDGEWOOD AVENUE Approve new traffic controls (Stop Signs) on unincorporated right-of-way at the following locations: 1. A ONE-WAY STOP on Edgewood Avenue at 98th Street for eastbound traffic. 2. A ONE-WAY STOP on Flossmoor Avenue at 98th Street for eastbound traffic. 3. A ONE-WAY STOP on 97th Place at Flossmoor Avenue for southbound traffic. 4. A ONE-WAY STOP on 97th Place at 97th Street for westbound traffic. 5. A TWO-WAY STOP on 95th Way at Evangeline Avenue for northbound and southbound traffic. 6. A TWO-WAY STOP on 95th Street/Escondido Avenue at Evangeline Avenue for northbound and southbound traffic. 7. A TWO-WAY STOP on 96th Place at Sunland Avenue for northbound and southbound traffic. 8. A TWO-WAY STOP on Frito Avenue at Sunland Avenue for northbound and southbound traffic. 9. A TWO-WAY STOP on 98th Street at Sunland Avenue for northbound and southbound traffic. 10. A TWO-WAY STOP on 96th Place at Frito Avenue for northbound and southbound traffic. 11. All Traffic to stop before entering or crossing a THROUGH STREET within the prescribed limits of: Edgewood Avenue from 100 Feet east of 96th Street to 100 Feet west of 98th Street. This agenda item is the result of an engineering study requested by the residents of this subdivision. These new stop signs meet the minimum warrants per the Manual on Uniform Traffic Control Devices. Supervisory District No. 2. (C-64-18-141-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 87. IGA WITH CITY OF TOLLESON FOR THE TRAFFIC SIGNAL INSTALLATION AT MC85 HIGHWAY AND 79TH AVENUE Formal Meeting Minutes Wednesday, August 01, 2018 Page 88 of 105 Approve the Intergovernmental Agreement between Maricopa County and the City of Tolleson for the Traffic Signal Installation at MC85 Highway (Buckeye Road) and 79th Avenue. Under the Intergovernmental Agreement, the agencies will coordinate the improvements, which include installing a traffic signal based on meeting warrants after Maricopa County Department of Transportation completed a traffic signal warrant study. Funds are budgeted in FY2018-2019 Transportation Department (640) Transportation Capital Project Fund (234) for Transportation System Management (TMAN) Project, sub- project TT0553. The estimated total cost for the project is $428,000, with the City of Tolleson and Maricopa County each paying for one-third (1/3) of the cost. Based on the terms in the agreement, the County’s estimated cost share contribution is $142,667.The City’s estimated cost share contribution is $142,667. The remaining one- third of the cost will be contributed by City of Phoenix through improvement by developers or in-lieu payments made by the developers and required to be transferred to the County through a separate intergovernmental agreement (C-16-099-M-01) approved by the Board on November 29, 2017. The County is the lead agency for the Project and this Agreement does not affect the existing Intergovernmental Agreement between the County and the City of Phoenix for the roadway project. That Intergovernmental Agreement requires the design of the roadway to City of Phoenix standards, but signalization and drainage designs to County standards. Supervisory District No. 5 (C-64-19-001-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 88. 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- 024-7-00) A. D23445 Project #: TT0561 – Olive Avenue (SR 303 to Sarival) – Assessor’s (JR) Parcel #: 501-48-004G – Warranty Deed – Woolf Family Enterprises LP – for the sum of $395,000.00 B. D23445-1 Project #: TT0561 – Olive Avenue (SR 303 to Sarival) – Assessor’s (JR) Parcel #: 501-48-004G – Temporary Construction Easement and Agreement for Highway Purposes – Woolf Family Enterprises LP – for the sum of $12,930.00 C. D23445-2 Project #: TT0561 – Olive Avenue (SR 303 to Sarival) – Assessor’s (JR) Parcel #: 501-48-004G – Drainage Easement – Woolf Family Enterprises LP – for the sum of $17,500.00 D. D23445 Project #: TT0561 – Olive Avenue (SR 303 to Sarival) – Assessor’s (JR) Parcel #: 501-48-004G – Purchase Agreement and Escrow Instructions – Woolf Family Enterprises LP Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Formal Meeting Minutes Wednesday, August 01, 2018 Page 89 of 105 Board of Supervisors - Junta de Supervisores 89. APPOINTMENTS TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Approve the appointment of Anita Norton to the Community Development Advisory Committee (CDAC) as the El Mirage alternate representative. The term of appointment will be effective August 1, 2018 through June 30, 2020. Approve the appointment of Roy Delgado to the Community Development Advisory Committee (CDAC) as the El Mirage primary representative. The term of reappointment will be effective August 1, 2018 through June 30, 2020. (C-06-19-001-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 90. APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD Approve the appointment of Philip A. Clement to the Transportation Advisory Board representing Supervisorial District 2. The term of the appointment will be September 1, 2018 through August 31, 2021. (C-06-19-002-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 91. RESIGNATION FROM THE MERIT SYSTEMS COMMISSION Accept the resignation of John Lewis, representing Supervisorial District 3, from the Merit Systems Commission effective July 31, 2018. (C-06-18-517-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 92. RESIGNATION FROM THE TRANSPORTATION ADVISORY BOARD Accept the resignation of Ted Geisler from the Transportation Advisory Board as a representative from District 2, effective August 31, 2018. (C-06-19-014-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 93. APPOINTMENT TO THE DEFERRED COMPENSATION COMMITTEE Approve the appointment of Lee Ann Bohn, representing Supervisorial District 3, to the Deferred Compensation Committee. The term of the appointment will be effective as of the date of Board approval. (C-06-19-019-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, August 01, 2018 Page 90 of 105 ~ Supervisor Gates left the meeting ~ Industrial Development Authority - Autoridad para el Desarrollo Industrial 94. ADOPT A RESOLUTION APPROVING THE ISSUANCE OF BONDS FOR THE BENEFIT OF GREATHEARTS ARIZONA Adopt a resolution approving the proceedings of The Industrial Development Authority of the County of Maricopa for the issuance of its Education Facility Revenue Bonds (GreatHearts Arizona Energy Projects), Series 2018 in one or more tax-exempt and/or taxable series in an aggregate principal amount not to exceed $4,000,000. (C-94-19-001-4- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Hickman, Gallardo Recused: Gates ~ Supervisor Gates returned to the meeting ~ SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ ~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix, amenos que de otromodo notado~ Planning and Development - Planificación y Desarrollo 95. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the August 15, 2018 Board Meeting: Z2018047 – Dave’s Arena and Horse Camp – Mod of Conditions – Dist. 5 (C-44-19-001-M- 00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation – Transportación 96. ROAD FILE NO. A593 Set a hearing for August 29, 2018 for Road File No. A593 to Open and Declare the following described alignments into the County Transportation System. Formal Meeting Minutes Wednesday, August 01, 2018 Page 91 of 105 The Department of Transportation Director has recommended that Recker Road from Gail Drive to 328.96 feet North of Gail Drive be declared and accepted into the MCDOT road system. General Vicinity: Recker Road and Gail Drive and in Unincorporated Maricopa County. Supervisory District No. 1. (C-64-19-005-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 97. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0063 Set a hearing for October 10, 2018 for Road File No. PAB-0063 to consider the request to abandon a portion of a Federal Patent Easement Number #1221552 lying in the Southwest quarter of Section 27 – T7N, R2E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of Sunset Drive and 41st Avenue, and known as Assessor Parcel 202-12-053. 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-64-19-002-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 98. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0071 Set a hearing for October 10, 2018 for Road File No. PAB-0071 to consider the request to abandon a portion of a Federal Patent Easement Number #1199757 lying in the Southwest quarter of Section 29 – T6N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of 7th Avenue and Lavitt Lane, and known as Assessor Parcel 211-23-036E. 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-64-19-003-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 99. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0072 Formal Meeting Minutes Wednesday, August 01, 2018 Page 92 of 105 Set a hearing for October 10, 2018 for Road File No. PAB-0072 to consider the request to abandon a portion of a Federal Patent Easement Numbers #1218729 and 1219882 lying in the Southwest quarter of Section 27 – T7N, R2E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of Sunset Drive and 41st Avenue, and known as Assessor Parcels 202-12-052B and 202-12-057F. 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-64-19-004-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 100. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0070 Set a hearing for October 10, 2018 for Road File No. PAB-0070 to consider the request to abandon a portion of a Federal Patent Easement Number #1150143 lying in the Southwest quarter of Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of 17th Avenue and Briles Road, and known as Assessor Parcels 210-11-015F. 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-64-19-006-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 101. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0075 Set a hearing for October 10, 2018 for Road File No. PAB-0075 to consider the request to abandon a portion of a Federal Patent Easement Number #1150289 lying in the Southwest quarter of Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of 17th Avenue and Quartz Rock Road, and known as Assessor Parcels 210-11-009B. 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 Formal Meeting Minutes Wednesday, August 01, 2018 Page 93 of 105 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-64-19-007-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 102. DONATIONS In accordance with County Policy A2508, accept the monthly donation report received from Parks and Recreation for June 2018, for a Cash Value of $111.50. (C-06-18-508-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 103. DONATIONS In accordance with County Policy A2508, accept the monthly cash donation reports received from the Sheriff's Office as follows: March 2018, $1,056.06; April 2018, $100.00; and May 2018, $1,658.85 for a total cash value of $ 2,814.91. Also accept monthly non- cash donation reports from the Sheriff's Office as follows: March, $2,044.56, April: $1,155.25; May, $1,326; and June, $1,951.50 for a total non-cash value of $6,477.31. (C- 06-19-007-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 104. 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-06-18-521-7-00) Name Warrant No Amount Dept/School Reshmie Kottoor 180006550 788.08 Laveen Elementary Kelley Baysinger 480012349 8.00 Liberty Elementary Crynn Solace 480003510 49.59 Liberty Elementary APARK Brand Marketing 3700014699 600.00 Tolleson Union Jimmy Baker 3700035877 464.81 Tolleson Union Xavier Alexander Larranaga 3700035878 497.50 Tolleson Union Northern Arizona University - 3700003038 140.00 Tolleson Union Education Technology Consortium Krista McDowell 180006433 456.71 Laveen Elementary Kristie Rogers 180006581 900.66 Laveen Elementary Formal Meeting Minutes Wednesday, August 01, 2018 Page 94 of 105 Tracy L. Moore 45236646 721.80 Fowler Elementary Mireya Velasquez 3700036649 100.00 Higley Unified Lezley Lynn Shepherd 3010001717 148.43 Dept 190 Fund 219 Sherry Wozniak 180006466 627.91 Laveen Elementary Henry Schein 480047653 432.54 Higley Unified Brenda Miller 3700043319 470.70 Laveen Elementary Rosetta J Bidne 22564896 125.00 Elections Karen Wagner 45236624 789.73 Fowler Elementary Jason Alexander Rodriguez 3700048046 233.46 Litchfield Elementary Alejandro Luna 3700042314 5979.84 Tolleson Union AASBO 18100066 175.00 Alahambra Elementary Robin Petrowski 280000031 10753.45 County Attorney John J. Christy 3700050112 152.48 Buckeye Union Affiliated Forensic Lab Inc VC-7493 380011931 550.00 Contract Counsel Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 105. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE BOARD OF TRUSTEES FOR WINDSOR SQUARE IWDD NO. 27 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Windsor Square IWDD No. 27: 1. Cancel the election scheduled to be held on November 21, 2018; 2. Appoint Linda Pollack, Philip Sheinbein and Barry Oleksak to fill the expired terms. The appointed trustees shall serve two year terms effective January 1, 2019 through December 31, 2020, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial District 3). (C-06-19-008-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 106. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held October 17, 2016; August 7, 2017; August 16, 2017; August 21, 2017; October 2, 2017; November 27, 2017; December 11, 2017; January 4, 2018; February 7, 2018; February 8, 2018; April 11, 2018; May 7, 2018; May 23, 2018; June 28, 2018. (C-06-19-003-7-00) Formal Meeting Minutes Wednesday, August 01, 2018 Page 95 of 105 Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 107. MAIL BALLOT ELECTION FOR WESTERN MEADOWS IRRIGATION DISTRICT Approve a mail ballot election for the Western Meadows Irrigation District to be conducted in compliance with Section 558, et seq. of Title 16 of the Arizona Revised Statutes. (Supervisorial District 3) (C-06-18-509-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 108. 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-06-19-015-7-00) 2018: TX2017-000539; 2019: ST2018-000067; ST2018-000423; Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 109. 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-06-18-519-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 110. 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-06-18-503-7-00) Name Warrant No Amount Dept/School Melissa McClure 370008734 480.00 Planning and Development Banner Occupational Health 360030379 185.67 Risk Management Services Gabino Flores Sanchez 370021394 23.92 County Attorney D&S Real Estate 370023028 13,182.05 Transportation Formal Meeting Minutes Wednesday, August 01, 2018 Page 96 of 105 Management, LLC Michael L. Brewer 370022225 25.00 County Attorney Michael L. Brewer 370022226 9.66 County Attorney Charles & Julie Whitaker c/o 855123 2,030.25 Treasurer Integral Property Tax Svc Charles & Julie Whitaker c/o 858347 1,929.27 Treasurer Integral Property Tax Svc Banner Occupational 360030477 202.00 Sheriff Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 111. TAX ABATEMENTS Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to ARS 42-18353 for the parcel numbers, tax years and amounts as listed below: (C-43-19-001-M- 00) 960-24-215 2013 $381.59 961-78-481 2014 $207.07 961-93-361 2013 $320.16 962-22-731 2016 $235.10 962-80-752 2015-2016 $226.48 962-91-344 2012-2014 $123.49 963-24-893 2014-2016 $198.91 963-97-586 2016-2017 $283.93 964-38-419 2014 $192.06 965-59-817 2015, 2017 $233.51 971-69-128 2015 $173.87 982-85-426 2016-2017 $274.69 983-49-668 2012-2016 $570.68 983-56-199 2013-2014 $964.10 169-03-065 2014 $2,593.27 173-61-128 2010-2014 $2,962.14 175-10-092 2009-2014 $43,899.08 216-79-015Z 2012, 2014 $795.30 304-95-504E 2007-2012 $343.00 400-58-075 2002-2005 $709.58 Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo 112. TREASURER'S COLLECTIONS AND INVESTMENT SUMMARY FOR MAY 2018 Pursuant to A.R.S. § 11-501, accept the Treasurer's Statement of Collections and Investment Reports for May 2018, as on file in the Clerk of the Board's Office and retained in accordance with Arizona State Library Archives and Public Record (ASLAPR) approved retention schedule. (C-43-18-060-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, August 01, 2018 Page 97 of 105 Ayes: Chucri, Gates, Barney, Hickman, Gallardo 113. PROPERTY RE-CLASSIFICATION APPEALS - FOR APPROVAL Pursuant to A.R.S. §42-12052, approve the property owners' appeal to re-classify properties, which have satisfied the requirements of occupancy status, and re-classify the properties to class three properties (owner occupied). Direct the County Assessor to re- classify the properties to class three (owner occupied), pursuant to A.R.S. §42-12003. List kept on file in the Clerk of the Board’s Office in accordance with LAPR retention guidelines. (C-06-19-020-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Gates, Barney, Hickman, Gallardo BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES County Attorney A-1. PETITION TO THE U.S. SUPREME COURT Authorize filing a Petition for Writ of Certiorari to the United States Supreme Court in the case U.S. v. County of Maricopa and Paul Penzone, D.C. No 2:12-cv-00981-ROS (9th Cir.). This item was heard in executive session on July 30, 2018. (C-19-19-005-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo A-2. APPROVE COUNTY ATTORNEY QUARTERLY RICO EXPENDITURE APPLICATION Pursuant to A.R.S. 13-2314.03E, approve the County Attorney quarterly RICO expenditure application in the total amount of $547,000 for the state and federal expenditure request. This item was heard in Executive Session on July 30, 2018. (C-06-19-025-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING RECESSED Chairman Chucri recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Chairman Chucri reconvened the Board of Supervisors. CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 114. Public comment on matters pertaining to Maricopa County government. Please limit Formal Meeting Minutes Wednesday, August 01, 2018 Page 98 of 105 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 quienes se han ocupado de la Junta, pida al personal para examinar una cuestión planteada o puede pedir que la cuestión se incluya en una agenda de futuro. (Comentario público es a discreción del Presidente.) There were no public speakers at this meeting. 115. Supervisors'/County Manager's summary of current events Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Gallardo noted that District 5 had a busy summer. It started with a water event and his office partnered with the City of Phoenix and other agencies to host a resource fair in the community. This introduced families to the different resources available to them as residents. He noted the number of people that attended these fairs ranged from 400 to 4,000. He recognized County staff and City of Phoenix staff that have been wonderful with their participation. There is a possibility they might do this again next year. Supervisor Gates noted the great work performed by all who have responded to problems that have been caused by the monsoon storms. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, August 01, 2018 Page 99 of 105 Formal Meeting Minutes Wednesday, August 01, 2018 Page 100 of 105 FLOOD CONTROL DISTRICT AGENDA AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES The Board of Directors of the Flood Control District of Maricopa County, Arizona convened in Formal Session at 9:30 a.m., on Wednesday, August 1, 2018, in the Supervisors’ Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; and 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. IGA WITH CITY OF MESA FOR LAZONA AND BROADWAY PROJECT Approve Intergovernmental Agreement (IGA) FCD 2017A006 for the Lazona and Broadway Drainage Project (Project [#699]) between the City of Mesa (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $702,024. The District’s estimated share of the Project cost is $250,000 and is limited to $250,000; the City’s estimated share of the Project cost is $452,024. The City will operate and maintain the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2018/19. The Project was recommended, scoring 6th among 12 submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003A (C-69-09-062-6-01). The Project consists of the installation of underground storm drains and inlets. The Project will reduce flows that have caused documented historic flooding to one residential property and to roadways in the vicinity of the Project. This Agenda Item impacts Supervisorial District 2. (C-69-18-043-3-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-2. IGA WITH CITY OF MESA FOR VENTURE OUT DRAINAGE PROJECT Approve Intergovernmental Agreement (IGA) FCD 2018A005 for the Venture Out Drainage Project (Project [#699]) between the City of Mesa (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $1,155,912. The District’s estimated share of the Project cost is $250,000 and is limited to $250,000; the City’s estimated share of the Project cost is $905,912. The City will operate and maintain the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2018/19. The Project was recommended, scoring 3rd among 12 submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003A (C-69-09-062-6-01). The Project consists of the installation of underground storm drains and inlets. The Project Formal Meeting Minutes Wednesday, August 01, 2018 Page 101 of 105 will reduce flows that have caused documented historic flooding to 36 residential properties and to roadways in the vicinity of the Project. This Agenda Item impacts Supervisorial District 2. (C-69-18-044-3-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-3. IGA WITH CITY OF MESA FOR 64TH STREET AND HALIFAX DRAINAGE PROJECT Approve Intergovernmental Agreement (IGA) FCD 2018A006 for the 64th Street and Halifax Drainage Project (Project [#699]) between the City of Mesa (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $876,000. The District’s estimated share of the Project cost is $250,000 and is limited to $250,000; the City’s estimated share of the Project cost is $626,000. The City will operate and maintain the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2018/19. The Project was recommended, scoring 7th among 12 submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003A (C-69-09-062-6-01). The Project consists of the installation of underground storm drains and inlets. The Project will reduce flows that have caused documented historic flooding to two residential properties and to roadways in the vicinity of the Project. This Agenda Item impacts Supervisorial District 2. (C-69-18-045-3-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-4. DECLARE/SELL EXCESS PARCEL - FCD N-2269-07-EX Pursuant to A.R.S. §48-3603, the Flood Control District requests the Board of Directors declare as excess two (2) parcels. Conveyance documents for the sale of the parcels will be presented to the District Board of Directors for acceptance and signature at time of sale. Parcel information: 1. FCD N-2269-07-EX is situated at the northwest corner of Elliot Rd & the RWCD ROW line. FCD N-2269-08-EX is situated on the southwest corner of Elliot Rd & the RWCD ROW line. 2. Assessor Parcel Number: N-2269-07-EX (Not Assessed), consisting of 0.214 acres (9,306 sq. ft.); N-2269-08-EX is Assessor’s Parcel No. 304-17-001B, consisting of 0.289 acres (12,569 sq. ft.). 3. N-2269-07-EX is unzoned and N-2269-08-EX is zoned “LC” (limited commercial)-City of Mesa. These Items are located in Supervisory District #2. The District utilizes its Disposition Program on all excess properties to evaluate them for the best potential of sales or leasing, depending on current market information. The property would be sold at market value, as determined by appraisal, unless to another Formal Meeting Minutes Wednesday, August 01, 2018 Page 102 of 105 agency for public purposes, at market value without auction. (C-69-19-001-8-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-5. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meetings held February 7, 2018 and April 11, 2018. (C-06-19-004-7-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-6. PERSONNEL AGENDA FOR THE FLOOD CONTROL DISTRICT (01/01/2018 TO 07/01/2018) Approve the Flood Control District Personnel Agenda for the period of 01/01/2018 to 07/01/2018 consistent with the agenda item C-49-07-038-6-00 approved on April 18, 2007. The personnel agenda is on file in the Office of the Clerk of the Board in accordance with LAPR retention guidelines. (C-31-18-051-6-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo FLOOD CONTROL DISTRICT ADDENDUM ADÉNDUM DE DISTRITO DE CONTROL DE INUNDACIONES FA-1. AMENDMENT TO SETTLEMENT AND TOLLING AGREEMENT WITH JSH TIME LLC Approve an amendment to the settlement and tolling agreement between JSH Time, LLC, and The Flood Control District of Maricopa County. This amendment preserves the status quo and tolls any limitation periods, as well as clarifying aspects of the Right-of-Way documents and indemnity agreement, all as outlined and described in the amendment. Relocation of this private waterline was needed to accommodate repairs to the Powerline and Vineyard flood retarding structures. Settlement agreement document is subject to final approval by the County Attorney’s Office. This item was discussed in executive session on July 30, 2018 (C-69-18-007-S-02) Item continued to a future meeting MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. Formal Meeting Minutes Wednesday, August 01, 2018 Page 103 of 105 ______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, August 01, 2018 Page 104 of 105 LIBRARY DISTRICT AGENDA AGENDA DEL DISTRITO DE BIBLIOTECA The Board of Directors of the Maricopa County Library District, Arizona convened in Formal Session at 9:30 a.m., on Wednesday, August 1, 2018, in the Supervisors’ Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; and 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. DONATIONS In accordance with County Policy A2508, accept the monthly donation report received from Library District for May 2018, for a Non-Cash Value of $12,777.26 and for June 2018, for a Non-Cash Value of $7,856.80. (C-06-19-013-7-00) Motion to approve by Director Hickman, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo L-2. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District meetings held February 7, 2018; April 11, 2018; and May 23, 2018. (C-06-19-005-7-00) Motion to approve by Director Hickman, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo L-3. PERSONNEL AGENDA FOR THE LIBRARY DISTRICT (01/01/2018 TO 07/01/2018) Approve the Library District Personnel Agenda for the period of 01/01/2018 to 07/01/2018 consistent with the agenda item C-49-07-038-6-00 approved on April 18, 2007. The personnel agenda is on file in the Office of the Clerk of the Board in accordance with LAPR retention guidelines. (C-31-18-050-6-00) Motion to approve by Director Hickman, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, August 01, 2018 Page 105 of 105 STADIUM DISTRICT AGENDA AGENDA DEL DISTRITO DE ESTADIO The Board of Directors of the Maricopa County Stadium District, Arizona convened in Formal Session at 9:30 a.m., on Wednesday, August 1, 2018, in the Supervisors’ Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; and 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. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Stadium District meetings held February 7, 2018 and April 11, 2018. (C-06-19-006-7-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: ________________________________ Fran McCarroll, Official Record Keeper