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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 Board of Deposit 63 Improvement District 64 Flood Control District 65 Library District 68 Stadium District 69 Wednesday, November 07, 2018 9:30 AM Formal Meeting Minutes Wednesday, November 07, 2018 Page 2 of 68 1. INVOCATION - INVOCACIÓN 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, November 7, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; 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 Chevy, an eight year old senior stray. He brought Chevy today because he is an example of a dog that does not do well in a kennel environment and does not show well. Many people are fearful of him because of his size and his physical appearance. However, if he is out of the kennel, he is docile and curious and just wants somebody to pet him. He noted MCACC is introducing a new foster program in the shelter. It is free and they are in desperate need of 100 foster families for our dogs. If Chevy does not foster, his adoption fees are $25. PRESENTATIONS - PRESENTACIÓNES 5. MARICOPA COUNTY PARKS AND TRAILS PROCLAMATION Approve the Maricopa County Parks and Trails Month Proclamation. This proclamation recognizes November 2018 as Maricopa County Parks and Trails month. (C-06-19-165-M- 00) Fran McCarroll, Clerk of the Board read the following proclamation: PROCLAMATION Maricopa County Parks and Trails Month November 2018 WHEREAS, the Maricopa County Board of Supervisors (Board) established a County regional park system in 1954 to meet the recreational needs of a rapidly expanding metropolitan region and conserve a part of the County’s natural heritage for current and future generations; and WHEREAS, Maricopa County’s regional park system has grown to become one of the largest regional park systems in the nation, with more than 120,042 acres of park land and 872 miles of trails; and Formal Meeting Minutes Wednesday, November 07, 2018 Page 3 of 68 WHEREAS, the Board is committed to conserving the unique characteristics of the County’s natural heritage while providing visitors and local residents quality recreational services, facilities, trails, programs; and WHEREAS, the Board approved and adopted the Maricopa County Regional Trail System Plan in 2004 to provide a shared use, non-motorized trail system to connect the Maricopa County Regional Parks; and WHEREAS, the Board authorized the development of an initial 315-mile loop known as “the Maricopa Trail” and dedicated the first segment in April 2007 that connected Spur Cross Ranch Conservation Area with Cave Creek Regional Park; and WHEREAS, the Board desires to recognize the completion and dedication of the full 315-mile Maricopa Trail. NOW, THEREFORE, BE IT PROCLAIMED that the Board: 1. Applauds and values the former Maricopa County Trails Commission members, partners and stakeholders, previous and current Maricopa County Parks and Recreation Advisory Commission members, and previous and current member of the Board of Supervisors for their vision and proactive approach in providing a regional trail system. 2. Recognizes the dedication and commitment to ensure that the Maricopa Trail was constructed thus providing users a gateway to metropolitan areas, municipal trails, communities, and neighborhoods with multi-modal corridors. 3. Reaffirms the Board’s commitment to a robust system of trails both in the County Parks and throughout the region. 4. Encourages Maricopa County residents to visit a Maricopa County regional park and/or recreate on the Maricopa Trail on National Take a Hike Day on November 17, 2018. The Board therefore proclaims November 2018 as Maricopa County Parks and Trails month in celebration of the completion of the 315-mile Maricopa Trail loop and the Parks and Recreation Advisory Commission’s efforts to protect Maricopa County’s natural and cultural resources for future generations to enjoy. ADOPTED by the Maricopa County Board of Supervisors, Maricopa County, Arizona, this 7th day of November 2018. /s/ Steve Chucri, Chairman of the Board, District 2 /s/ Denny Barney, Supervisor, District 1 /s/ Bill Gates, Supervisor, District 3 /s/ Clint Hickman, Supervisor, District 4 /s/ Steve Gallardo, Supervisor, District 5 ATTEST: /s/ Fran McCarroll, Clerk of the Board Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 07, 2018 Page 4 of 68 PLANNING AND ZONING AGENDA AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN ***The Board of Supervisors will now consider matters related to Planning and Zoning*** CONSENT AGENDA - AGENDA DE CONSIENTA PZ-1. ALCOHOL AND DRUG RECOVERY CENTER Case #: Z2018044 Supervisor District: 4 Applicant /Owners: Nate Vollmuth, Paces Lodging Corporation / Surprise Airpark LLC, Kevin Christianson and Surprise Commercial Development LLC Request: Special Use Permit (SUP) for Group Care Facility in the Rural-43 zoning district Site Location: Generally located approximately 3,500 feet to the southeast of the Lone Mountain Rd. alignment and 251st Ave. alignment in the Morristown area Commission Recommendation: On 10/11/18, the Commission voted 7-0 to recommend approval of Z2018044 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in general conformance with the site plan entitled “Recovery Center”, consisting of 3 pages, stamped received on September 19, 2018, except as modified by the following conditions. b. Development of the site shall be in general conformance with the Narrative Report entitled “Maricopa County –SUP Application Recovery Center”, consisting of 5 pages, dated revised September 18, 2018, and stamped received September 19, 2018, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. A Grading and Drainage Plan. The Maricopa County Zoning Ordinance (MCZO) requires that all commercial submittals be prepared by a Civil Engineer registered in the State of Arizona. (MCZO 1205.7.2). 2. Provide the required retention volume for the 100 year, 2 hour storm event, plus one (1) foot of freeboard, for the disturbed (new) SUP area. Provide documentation that the retention basin(s) will drain within 36 hours. (MCZO 1205.7.6-2.a & c). 3. Provide a run off coefficient based on Table 6.3 of the Maricopa County Drainage Policies and Standards. 4. Based on the information submitted, the proposed addition(s) will extend into or close to an existing wash. A drainage report to determine the flows and water surface elevations within the wash will be required to set the buildings finished floor elevation (1 to 2 feet above the water surface elevation) and or any re-grading or other improvements required for protection. The need for scour protection along the buildings’ edge may also be required. d. The following Maricopa County Environmental Services Department (MCESD) condition Formal Meeting Minutes Wednesday, November 07, 2018 Page 5 of 68 shall apply: 1. New water source approval and new septic system notice of intent to discharge (NOID) approval. e. This Special Use Permit shall expire November 7, 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. f. The Recovery Center shall be limited to a maximum of 40 patients, and shall be limited to a total number of employees of 46. g. 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. h. Prior to occupying the existing residence or any portion thereof for any use associated with the Special Use Permit, the applicant shall obtain a Building Permit 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. i. 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. j. 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-44-19-053-M-00) Motion to concur with the Planning Commission recommendation subject to conditions ‘a’ – ‘j’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-2. BIG O TIRE STORE Case #: Z2018058 Supervisor District: 1 Applicant /Owner: Marty Flood, A&E Solutions LLC / LB&K Properties INC Request: Zone Change from Rural-43 to C-2 Commercial Unit Plan of Development (CUPD) Formal Meeting Minutes Wednesday, November 07, 2018 Page 6 of 68 Site Location: Generally located 1,735 feet east of the northeast corner of Riggs Rd. and McQueen Rd. on the north side of Riggs Rd. in the Chandler area Commission Recommendation: On 10/11/18, the Commission voted 7-0 to recommend approval of Z2018058 subject to conditions ‘a’ – ‘e’: a. Development of the site shall be in general conformance with the narrative report entitled “Big O Tire Store”, consisting of 3 pages, stamped received on September 10, 2018. b. The following Maricopa County Engineering condition shall apply: 1. The applicant is subject to any and all development requirements by the City of Chandler for access from Riggs Road. c. The following C-2 CUPD standard shall apply: 1. Screening: Minimum 6’ (h) solid wall except along portions of the northwest and southeast property lines as shown in site plan exhibit. d. 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. e. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-19-054-M-00) Motion to concur with the Planning Commission recommendation subject to conditions ‘a’ – ‘e’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-3. REEMS RANCH Case #: MCP2018004 Supervisor District: 4 Applicant /Owner: Brian Greathouse, Burch & Cracchiolo, P.A. / Reems Ranch, LLC Request: Military Compatibility Permit (MCP) without a precise Plan of Development (POD). Per Arizona Revised Statutes the proposed land use has been deemed to be compatible and consistent with the high noise or accident potential of a Military Airport or Ancillary Military Facility. Site Location: Generally located approx. ¼ mile south of the southeast corner of Northern Ave. and Reems Road in the Glendale area Formal Meeting Minutes Wednesday, November 07, 2018 Page 7 of 68 Commission Recommendation: On 10/11/18, the Commission voted 7-0 to recommend approval of MCP2018004 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in general conformance with the Narrative Report entitled “Reems Ranch”, consisting of 32 pages, dated August 29, 2018, and stamped received August 31, 2018, except as modified by the following conditions. b. The following land uses shall be allowed within the 70 – 84 Ldn pursuant to MCZO: Ldn 70-74 Transportation, Communications and Utilities 1. Railroad and rapid rail transit 2. Highway and street right-of-way 3. Motor vehicle parking 4. Communications (noise sensitive) 5. Utilities 6. Other transportation, communications, and utilities Commercial/Retail Trade 1. Wholesale trade 2. Building materials – retail 3. General merchandise – retail 4. Food – retail 5. Automotive and marine 6. Apparel and accessories – retail 7. Eating and drinking places 8. Furniture and home furnishings – retail 9. Other retail trade Personal & Business Services 1. Finance, insurance, real estate 2. Personal services 3. Business services 4. Repair services 5. Contract construction services 6. Indoor recreation services 7. Other services Industrial/manufacturing 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Professional, scientific and controlling instruments 15. Miscellaneous manufacturing Formal Meeting Minutes Wednesday, November 07, 2018 Page 8 of 68 Public and Quasi-Public Services 1. Government services 2. Cultural activities, including churches 3. Medical and other health services 4. Cemeteries 5. Nonprofit organizations 6. Correctional facilities 7. Other public and quasi-public services Outdoor Recreation 1. Playgrounds and neighborhood parks 2. Community and regional 3. Spectator sports, incl. arenas 4. Golf courses and riding stables 5. Water based recreational areas 6. Resort and group camps 7. Auditoriums and concert halls 8. Outdoor amphitheaters and music shells Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Fishing activities and related services 5. Permanent open space 6. Water areas (not incidental to farming) Ldn 75-79 Transportation, Communications and Utilities 1. Railroad and rapid rail transit 2. Highway and street right-of-way 3. Motor vehicle parking 4. Communications (noise sensitive) 5. Utilities 6. Other transportation, communications, and utilities Commercial/Retail Trade 1. Wholesale trade 2. Building materials – retail 3. General merchandise – retail 4. Food – retail 5. Automotive and marine 6. Apparel and accessories – retail 7. Eating and drinking places 8. Furniture and home furnishings – retail 9. Other retail trade Personal & Business Services 1. Finance, insurance, real estate 2. Personal services 3. Business services 4. Repair services 5. Contract construction services 6. Indoor recreation services Formal Meeting Minutes Wednesday, November 07, 2018 Page 9 of 68 7. Other services Industrial/manufacturing 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Professional, scientific and controlling instruments 15. Miscellaneous manufacturing Public and Quasi-Public Services 1. Government services 2. Cemeteries 3. Correctional facilities Outdoor Recreation 1. Golf courses and riding stables 2. Water based recreational areas 3. Outdoor amphitheaters and music shells Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Permanent open space Ldn 80-84 Transportation, Communications and Utilities 1. Railroad and rapid rail transit 2. Highway and street right-of-way 3. Motor vehicle parking 4. Other transportation, communications, and utilities Commercial/Retail Trade 1. Wholesale trade 2. Building materials – retail Personal & Business Services 1. Repair services Industrial/manufacturing 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures Formal Meeting Minutes Wednesday, November 07, 2018 Page 10 of 68 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Miscellaneous manufacturing Public and Quasi-Public Services 1. Correctional facilities Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Permanent open space c. Other restrictions on the Site shall include: 1. No new ponds or water features; and 2. No new buildings or improvements or expansion of buildings for uses that result in the release of any substance into the air that would impair visibility or otherwise interfere with operating aircraft, such as any of the following: ii. Steam, dust and smoke. iii. Direct or indirect reflective light emissions. iv. Electrical emissions that would interfere with aircraft and Air Force communications or navigational aid systems or aircraft navigational equipment. v. The attraction of birds or waterfowl such as operation of sanitary landfills or maintenance of feeding stations. vi. Explosive facilities or similar activities. d. All buildings subject to noise attenuation as per ARS § 28-8482(B). e. The following Rural-43 MAAMF standards shall apply: 1. Height: 100’ (Developer shall submit FAA form 7460-1 to the FAA Regional Office to establish allowable building heights) 2. Front yard: 25’ 3. Rear yard: 15’ 4. Side yard: 15’ 5. Street side yard: 25’ 6. Front/Rear Setback between Ldn 80-84 – Ldn 75-79: 0’/0’ 7. Front/Rear Setback between Ldn 75-79 – Ldn 70-74: 0’/0’ 8. Lot Coverage: 60 percent of individual parcels 9. Screening: Loading docks and outdoor storage within 100’ of a residential district must be screened by a 6’ high CMU wall; Perimeter fencing can be chain-link 10. Signage: Per MCZO Chapter 11, Sections 1403 and 1404 11. Parking: Per MCZO Chapter 11, Sections 1102.1.4 and 1102.1.5. 12. Lot Area: 35,000 sq. ft. 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, Formal Meeting Minutes Wednesday, November 07, 2018 Page 11 of 68 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-44-19-055-M-00) Motion to concur with the Planning Commission recommendation subject to conditions ‘a’ – ‘f’ by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-4. ZANJERO TRAILS INFRASTRUCTURE PLAT Case #: S2017037 Supervisor District: 4 Applicant/Owner: Hilgart Wilson / Maricopa Water District Request: Replat of Parcels 35A, 36, and 37B for Infrastructure Plat to dedicate rights-of- way for 189th Ave. from Parcel 37B to Bethany Home Rd. and Bethany Home Rd. from Perryville Rd. to the Beardsley Canal. Site Location: Generally located just south of the southwest corner of Bethany Home Rd. and Perryville Rd. Staff Recommendation: Approval (C-44-19-057-M-00) Supervisor Hickman asked this item be continued to a later date. Motion to continue by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-5. ZANJERO TRAILS PHASE 1C, PARCEL 35A PHASE 1 Case #: S2018009 Supervisor District: 4 Applicant/Owner: Hilgart Wilson / Maricopa Water District Request: Replat of Zanjero Trails infrastructure Plat Phase 1C - Parcel 35A Phase 1 containing 72 residential lots, and 2 tracts in the R1-6 RUPD zoning district Site Location: Generally located just south of the southwest corner of Bethany Home Rd. and Perryville Rd. Staff Recommendation: Approval (C-44-19-056-M-00) Supervisor Hickman asked this item be continued to a later date. Formal Meeting Minutes Wednesday, November 07, 2018 Page 12 of 68 Motion to continue by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-6. ZANJERO TRAILS PHASE 1C, PARCEL 36 PHASE 1 Case #: S2018001 Supervisor District: 4 Applicant/Owner: Hilgart Wilson / Maricopa Water District Request: Replat of Zanjero Trails infrastructure Plat Phase 1C - Parcel 36 Phase 1 containing 50 residential lots, and 3 tracts in the R-2 RUPD zoning district Site Location: Generally located just south of the southwest corner of Bethany Home Rd. and Perryville Rd. Staff Recommendation: Approval (C-44-19-059-M-00) Supervisor Hickman asked this item be continued to a later date. Motion to continue by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-7. ZANJERO TRAILS PHASE 1C, PARCEL 36 PHASE 2 Case #: S2018002 Supervisor District: 4 Applicant/Owner: Hilgart Wilson / Maricopa Water District Request: Replat of Zanjero Trails Infrastructure Plat - Phase 1C Parcel 36 Phase 2 containing 63 residential lots and 2 tracts in the R-2 RUPD zoning district Site Location: Generally located just south of the southwest corner of Bethany Home Rd. and Perryville Rd. Staff Recommendation: Approval (C-44-19-058-M-00) Supervisor Hickman asked this item be continued to a later date. Motion to continue by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-8. ZANJERO TRAILS PHASE 1C, PARCEL 37B Case #: S2017035 Formal Meeting Minutes Wednesday, November 07, 2018 Page 13 of 68 Supervisor District: 4 Applicant/Owner: Hilgart Wilson / Maricopa Water District Request: Replat of Zanjero Trails Infrastructure Plat - Phase 1C Parcel 37B containing 58 residential lots and 4 tracts in the R1-6 RUPD zoning district Site Location: Generally located just south of the southwest corner of Bethany Home Rd. and Perryville Rd. Staff Recommendation: Approval (C-44-19-060-M-00) Supervisor Hickman asked this item be continued to a later date. Motion to continue by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta NOTE: Agenda items #7, #8, #9 and #10 were taken out of order and heard before agenda item #6. 7. IMPACT STATEMENT HEARING FOR THE PROPOSED HACIENDA GRANADA 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 Hacienda Granada 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: Lot 111, Lots 113 through 120, Lots 125 through 136, and Tracts “A” and “B” of HACIENDA GRANADA UNIT 2, a Subdivision of part of Tract “B” Gilliland Galey Ranch, in the Northwest Quarter of Section 19, 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 55 of Maps, Page 17; TOGETHER WITH That part of abandoned Right-of-Way as described per City of Phoenix Resolution Number 20413 as recorded in the Office of the County Recorder of Maricopa County, Arizona, per Document number 2006-1196117; TOGETHER WITH Lots 142 through 167 of HACIENDA GRANADA UNIT 3, a Subdivision of part of Tracts “A” and “C” Gilliland Galey Ranch, in the Northwest Quarter of Section 19, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record Formal Meeting Minutes Wednesday, November 07, 2018 Page 14 of 68 in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 61 of Maps, Page 20; TOGETHER WITH Lots 168 through 252 of HACIENDA GRANADA UNIT 4, a Subdivision of part of Tract “B” Gilliland Galey Ranch, in the Northwest Quarter of Section 19, 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 12; TOGETHER WITH Lots 1 and 2, and Tract “A” of ADDISON MANOR, a Replat of Lot 112 of HACIENDA GRANADA UNIT 2, according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 55 of Maps, Page 17; located in the Northwest Quarter of Section 19, 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 1309 of Maps, Page 7. (Supervisorial District 3) (C-06-19-113-M-00) Matthew Taunton, resident, registered to speak in favor of this item only if necessary. Joseph Slezak, resident, stated that Hacienda Granada is a neighborhood next to the Arcadia area. He stated the benefits of creating this irrigation water delivery district and expressed his support of the formation of this special taxing district. Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 8. IMPACT STATEMENT HEARING FOR THE PROPOSED ORCHID PARK 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 Orchid Park Irrigation Water Delivery District. The Board of Supervisors will hear those who appear for and against the proposed district and shall determine whether the creation of the district will promote public health, comfort, convenience, necessity, or welfare. If the Board determines that the public health, comfort, convenience, necessity, or welfare will be promoted, it shall approve the district impact statement, a bond of $250, and authorize the persons proposing the district to circulate petitions within the following proposed boundaries of the district: Lots 1 through 46 and Tract “A” of ORCHID PARK, a Subdivision of the Southeast Quarter of the Northeast Quarter of Section 31, Township 3 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 67 of Maps, Page 13; EXCEPT the following described property: Commencing at the East Quarter Corner of said Section 31; Thence North 89 Degrees 58 Minutes 39 Seconds West along the East-West Midsection line of said Section 31, a distance of 334.34 Feet to a Subdivision Corner of said ORCHID PARK; Formal Meeting Minutes Wednesday, November 07, 2018 Page 15 of 68 Thence North 00 Degrees 00 Minutes 00 Seconds East along the East line of said ORCHID PARK and along the East line of said Tract “A”, a distance of 167.93 Feet to an intersection with the Easterly Extension of the South line of said Lot 12; Thence continuing North 00 Degrees 00 Minutes 00 Seconds East a distance of 67.07 Feet to the Southwest Corner of Lot 6 of BRENTWOOD NORTH, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, Recorded in Book 185 of Maps, Page 15, said point being the POINT OF BEGINNING; Thence South 86 Degrees 07 Minutes 37 Seconds West, a distance of 1.14 Feet to the East line of said Lot 12; Thence Continuing South 86 Degrees 07 Minutes 37 Seconds West, a distance of 6.80 Feet; Thence North 00 Degrees 36 Minutes 58 Seconds East, a distance of 86.47 Feet to the North Line of said Lot 12; Thence South 89 Degrees 58 Minutes 20 Seconds East along said North line, a distance of 5.87 Feet to the Northeast corner of said Lot 12; Thence Continuing South 89 Degrees 58 Minutes 20 Seconds East, a distance of 1.14 Feet to the East line of said Tract “A”; Thence South 00 Degrees 00 Minutes 00 Seconds West along said East line, a distance of 85.93 Feet to the POINT OF BEGINNING. TOGETHER WITH Lots 1 through 11 of ORCHID ACRES a Subdivision of the Northeast Quarter of Section 31, Township 3 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 81 of Maps, Page 33; EXCEPT the North 3.80 Feet of Lot 11, ORCHID ACRES; EXCEPT the West 34.80 Feet thereof. TOGETHER WITH That portion of the Southeast Quarter of the Northeast Quarter of Section 31, Township 3 North, Range 3 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the Southeast Corner of the Northeast Quarter of the Northeast Quarter of said Section 31; Thence South 00 Degrees 02 Minutes 30 Seconds West along the East line of said Section 31, a distance of 10 Feet to the POINT OF BEGINNING; Thence North 89 Degrees 03 Minutes 00 Seconds West a distance of 242.03 Feet; Thence South 00 Degrees 02 Minutes 30 Seconds West parallel to the East line of said Section 31, a distance of 183.66 Feet; Thence South 89 Degrees 57 Minutes 30 Seconds East 242 Feet to a point on the East line of said Section 31; Thence North 00 Degrees 02 Minutes 30 Seconds East along the East line of said Section 31, 180 Feet to the POINT OF BEGINNING. (Supervisorial District 3) (C-06-19-115-M-00) Formal Meeting Minutes Wednesday, November 07, 2018 Page 16 of 68 Carlos Gonzales, resident, explained the difficulty encountered in collecting funds to make a significant repair to the delivery system. He said the formation of an irrigation water delivery district will be the most equitable way to maintain their delivery system. Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 9. PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED EAST COUNTRY CLUB DR IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-3423 and § 48-3424, convene the scheduled public hearing regarding the petitions filed for the formation of the proposed East Country Club Dr. Irrigation Water Delivery District, as they have been determined to be signed by a majority of the owners of the acreage within the proposed district. Pursuant to A.R.S. § 48-3424, any land owner within the boundaries of the proposed district may appear and object to the organization thereof, or to the inclusion of the land owners property therein. The Board will hear and consider all comments in favor or against the organization of the district and decide whether to approve or reject the organization of the district within the boundaries proposed in the petition or with modified boundaries. If the Board decides to proceed with the organization of the district, the Clerk is directed to publish a notice and post copies of the notice describing the boundaries of the proposed district and fix a date of November 28, 2018, a date not less than 20 days after the publications and postings are completed. Written protests against the organization may be filed by owners of a majority of the acreage with the proposed district boundaries. If no protest is filed, or if one is filed and found insufficient, an order establishing the district shall be entered and will include the appointment of the following three (3) Trustees of the district as set forth in the petition: Martha Carey-Lee Bob Karber Don Skypeck Lots 3 through 24 of COUNTRY CLUB PLACE, a Subdivision of the Southwest Quarter of Section 28, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 9 of Maps, Page 24; EXCEPT any portion of said Lots that has been Dedicated as Right of Way; TOGETHER WITH That part of the Southwest Quarter of Section 28, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Beginning at the Northeast corner of Lot 10, of COUNTRY CLUB PLACE, according to Book 9 of Maps, Page 24, records of Maricopa County, Arizona; thence North 80 feet along the Easterly boundary line of said COUNTRY CLUB PLACE, Thence South 89 degrees, 59 minutes, 30 seconds West along a line 80 feet North of and parallel with the North line of said Lot 10 a distance of 140 feet to the intersection with the extension of the West line of said Lot 10, Thence South along said extension a distance of 80 feet to the Northwest corner of said Lot 10, Thence East along the North line of said Lot 10 to the True Point of Beginning; TOGETHER WITH Formal Meeting Minutes Wednesday, November 07, 2018 Page 17 of 68 That part of the Southwest Quarter of Section 28, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Beginning at the Northeast corner of Lot 8, of COUNTRY CLUB PLACE, according to Book 9 of Maps, Page 24, records of Maricopa County, Arizona; said corner being the Northwest corner of the parcel herein described, run thence East on a prolongation of the North line of Lot 8, COUNTRY CLUB PLACE, a distance of 31.58 feet; Thence South 46 degrees, 30 minutes, 30 seconds West along a line which is the Northeasterly projection of the Southeasterly Line of Lot 8, COUNTRY CLUB PLACE 43.58 feet to a point, said point being a corner of Lot 8, COUNTRY CLUB PLACE; Thence North 0 degrees, 05 minutes East along the East line of said Lot 8 a distance of 30 feet to the True Point of Beginning. The district consists of 15.769 acres. (Supervisorial District 3) (C-06-19-137-M-00) Martha Carey-Lee, resident, thanked the Board for their approval and stated the people in the new district are very happy this district was allowed to be formed. Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 10. PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED ORANGE VALLEY ESTATES IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-3423 and § 48-3424, convene the scheduled public hearing regarding the petitions filed for the formation of the proposed Orange Valley Estates Irrigation Water Delivery District, as they have been determined to be signed by a majority of the owners of the acreage within the proposed district. Pursuant to A.R.S. § 48-3424, any land owner within the boundaries of the proposed district may appear and object to the organization thereof, or to the inclusion of the land owners property therein. The Board will hear and consider all comments in favor or against the organization of the district and decide whether to approve or reject the organization of the district within the boundaries proposed in the petition or with modified boundaries. If the Board decides to proceed with the organization of the district, the Clerk is directed to publish a notice and post copies of the notice describing the boundaries of the proposed district and fix a date of November 28, 2018, a date not less than 20 days after the publications and postings are completed. Written protests against the organization may be filed by owners of a majority of the acreage with the proposed district boundaries. If no protest is filed, or if one is filed and found insufficient, an order establishing the district shall be entered and will include the appointment of the following three (3) Trustees of the district as set forth in the petition: Erin Campbell Tanya Spelts Dwayne Douglas Lots 1 through 55, ORANGE VALLEY ESTATES, a Subdivision of the North Half of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 61 of Maps, Page 47; TOGETHER WITH Formal Meeting Minutes Wednesday, November 07, 2018 Page 18 of 68 Tract 11, RICHARDSON TRACT, a Subdivision of the Southwest Quarter of the Southwest Quarter & the South Half of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 18 of Maps, Page 6; EXCEPT that part described as follows; BEGINNING at the Northwest corner of said Lot 11, Thence South along the West line thereof 132.72 feet; Thence East 105 feet; Thence North 132.72 feet; Thence West along the North line of said Lot 11, a distance of 105 feet to the Point of Beginning; TOGETHER WITH Lots 1, 2, 3, 6, and 7, EASTSIDE ESTATES, a Re-subdivision of Tract 12 of RICHARDSON TRACT, a Subdivision of record, as recorded in Book 18 of Maps, Page 6, Maricopa County Records, and being a portion of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 163 of Maps, Page 14; TOGETHER WITH Lots 1 through 27, OSBORN ESTATES, a Subdivision of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 63 of Maps, Page 23; TOGETHER WITH Lots 28 through 60, OSBORN ESTATES II, a Subdivision of Tracts ‘A’, ‘B’, & ‘C’, of OSBORN ESTATES, a Subdivision of record, as recorded in Book 63 of Maps, Page 23, Maricopa County Records, and the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 68 of Maps, Page 37; TOGETHER WITH Lots 236 through 239, HIDDEN VILLAGE FIVE, a Subdivision of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 69 of Maps, Page 9; TOGETHER WITH The West 193.67 feet of the North 254 feet as measured along the West line of the Northwest Quarter of the Northeast Quarter of the Northeast quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian of Maricopa County, Arizona; TOGETHER WITH That part of abandoned OSBORN ROAD Right-of-Way as described per City of Phoenix Resolution Numbers 20470 and 20208 as recorded in the Office of the County Recorder of Maricopa County, Arizona, per Document numbers 2005-0352252 and 2007-0282293. The district consists of 36.120 acres. (Supervisorial District 2) (C-06-19-146-M-00) Debra Manika, resident, spoke in opposition to the formation of this district. She provided her history of irrigation in the area. She said she is not really opposed to having a fund for irrigation repairs. She stated that recently, people from the Formal Meeting Minutes Wednesday, November 07, 2018 Page 19 of 68 neighborhood came on her property to replace a pipe but did not have a structure replaced. She claimed neighbors did not get proper notice of the formation of this district and that there were no postings in the district. Chairman Chucri asked if the hearing was properly posted in the proposed district. Ms. McCarroll explained the procedure and the Clerk’s Office collaboration with Planning and Zoning to erect hearing notices in the proposed districts. She informed the Board, there was photographic documentation that the postings were placed within the proposed district boundaries and within the statutory time limits. Michael Warzynski, resident, thanked the Board and their staff in responding to questions he had from a previous hearing on this matter. He characterized his opposition as a soft one because irrigation systems help neighborhoods in many ways. His issues are with some of the statutory requirements. He claims neighbors will be put in a precarious position because the laws are very archaic. Budgeting is an opportunity for problems. He said he would like to see the County make a study of this process and identify where the pitfalls are that might leave an irrigation water delivery district vulnerable to attack. He asked the letter he submitted be made a part of the record. Dwayne Douglas, resident, spoke in support of forming this district. The neighborhood has been operating on a volunteer basis to repair the irrigation system. They have had to ask for money to make repairs and have had 60% participation. He said the benefit of forming a district is the cost burden of system repairs would be spread out among all neighbors. He reiterated his support and asked the Board to approve this district. Chairman Chucri noted that the hearing notices were properly posted and SRP considers the system to be in fair condition. However, he is going to ask this hearing be continued until November 28, 2018. He instructed those in opposition to obtain clarification from the proponents about their concerns. He will recommend the Board move forward at the next formal Board meeting. Motion to continue by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 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. APPROVE: SPECIAL EVENT LICENSE FOR SUN CITY WEST TENNIS CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Ronald John Wambach for Sun City West Tennis Club at 13800 West Deer Valley Drive, Sun City West, Arizona 85375 to be held on Sunday, February 10, 2019 from 5:00 pm to 8:00 pm (Supervisorial District 4) (C-06-19-152-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. DENY: SPECIAL EVENT LICENSE FOR BLAKE’S MIRACLE Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application Formal Meeting Minutes Wednesday, November 07, 2018 Page 20 of 68 filed by Lana Elizabeth Whitehead for Blake’s Miracle at 1901 North Alma School Road, Mesa, Arizona 85201 to be held on the following dates: Saturday, November 10, 2018, from 10:00 am to 2:00 am Sunday, November 11, 2018, from 6:00 am to 2:00 am (Supervisorial District 1) Planning and Development recommends denial: Subject site is zoned RU-43. Accordingly, this event requires approval of a Temporary Use Permit (TUP). TUP application was never received. (C-06-19-181-L-00) Motion to deny by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo NOTE: Agenda items #7, #8, #9 and #10 were taken out of order and heard prior to agenda item #6. 7. IMPACT STATEMENT HEARING FOR THE PROPOSED HACIENDA GRANADA 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 Hacienda Granada 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: Lot 111, Lots 113 through 120, Lots 125 through 136, and Tracts “A” and “B” of HACIENDA GRANADA UNIT 2, a Subdivision of part of Tract “B” Gilliland Galey Ranch, in the Northwest Quarter of Section 19, 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 55 of Maps, Page 17; TOGETHER WITH That part of abandoned Right-of-Way as described per City of Phoenix Resolution Number 20413 as recorded in the Office of the County Recorder of Maricopa County, Arizona, per Document number 2006-1196117; TOGETHER WITH Lots 142 through 167 of HACIENDA GRANADA UNIT 3, a Subdivision of part of Tracts “A” and “C” Gilliland Galey Ranch, in the Northwest Quarter of Section 19, 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 20; TOGETHER WITH Lots 168 through 252 of HACIENDA GRANADA UNIT 4, a Subdivision of part of Tract “B” Gilliland Galey Ranch, in the Northwest Quarter of Section 19, 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 12; Formal Meeting Minutes Wednesday, November 07, 2018 Page 21 of 68 TOGETHER WITH Lots 1 and 2, and Tract “A” of ADDISON MANOR, a Replat of Lot 112 of HACIENDA GRANADA UNIT 2, according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 55 of Maps, Page 17; located in the Northwest Quarter of Section 19, 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 1309 of Maps, Page 7. (Supervisorial District 3) (C-06-19-113-M-00) 8. IMPACT STATEMENT HEARING FOR THE PROPOSED ORCHID PARK 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 Orchid Park Irrigation Water Delivery District. The Board of Supervisors will hear those who appear for and against the proposed district and shall determine whether the creation of the district will promote public health, comfort, convenience, necessity, or welfare. If the Board determines that the public health, comfort, convenience, necessity, or welfare will be promoted, it shall approve the district impact statement, a bond of $250, and authorize the persons proposing the district to circulate petitions within the following proposed boundaries of the district: Lots 1 through 46 and Tract “A” of ORCHID PARK, a Subdivision of the Southeast Quarter of the Northeast Quarter of Section 31, Township 3 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 67 of Maps, Page 13; EXCEPT the following described property: Commencing at the East Quarter Corner of said Section 31; Thence North 89 Degrees 58 Minutes 39 Seconds West along the East-West Midsection line of said Section 31, a distance of 334.34 Feet to a Subdivision Corner of said ORCHID PARK; Thence North 00 Degrees 00 Minutes 00 Seconds East along the East line of said ORCHID PARK and along the East line of said Tract “A”, a distance of 167.93 Feet to an intersection with the Easterly Extension of the South line of said Lot 12; Thence continuing North 00 Degrees 00 Minutes 00 Seconds East a distance of 67.07 Feet to the Southwest Corner of Lot 6 of BRENTWOOD NORTH, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, Recorded in Book 185 of Maps, Page 15, said point being the POINT OF BEGINNING; Thence South 86 Degrees 07 Minutes 37 Seconds West, a distance of 1.14 Feet to the East line of said Lot 12; Thence Continuing South 86 Degrees 07 Minutes 37 Seconds West, a distance of 6.80 Feet; Thence North 00 Degrees 36 Minutes 58 Seconds East, a distance of 86.47 Feet to the North Line of said Lot 12; Formal Meeting Minutes Wednesday, November 07, 2018 Page 22 of 68 Thence South 89 Degrees 58 Minutes 20 Seconds East along said North line, a distance of 5.87 Feet to the Northeast corner of said Lot 12; Thence Continuing South 89 Degrees 58 Minutes 20 Seconds East, a distance of 1.14 Feet to the East line of said Tract “A”; Thence South 00 Degrees 00 Minutes 00 Seconds West along said East line, a distance of 85.93 Feet to the POINT OF BEGINNING. TOGETHER WITH Lots 1 through 11 of ORCHID ACRES a Subdivision of the Northeast Quarter of Section 31, Township 3 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 81 of Maps, Page 33; EXCEPT the North 3.80 Feet of Lot 11, ORCHID ACRES; EXCEPT the West 34.80 Feet thereof. TOGETHER WITH That portion of the Southeast Quarter of the Northeast Quarter of Section 31, Township 3 North, Range 3 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the Southeast Corner of the Northeast Quarter of the Northeast Quarter of said Section 31; Thence South 00 Degrees 02 Minutes 30 Seconds West along the East line of said Section 31, a distance of 10 Feet to the POINT OF BEGINNING; Thence North 89 Degrees 03 Minutes 00 Seconds West a distance of 242.03 Feet; Thence South 00 Degrees 02 Minutes 30 Seconds West parallel to the East line of said Section 31, a distance of 183.66 Feet; Thence South 89 Degrees 57 Minutes 30 Seconds East 242 Feet to a point on the East line of said Section 31; Thence North 00 Degrees 02 Minutes 30 Seconds East along the East line of said Section 31, 180 Feet to the POINT OF BEGINNING. (Supervisorial District 3) (C-06-19-115-M-00) 9. PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED EAST COUNTRY CLUB DR IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-3423 and § 48-3424, convene the scheduled public hearing regarding the petitions filed for the formation of the proposed East Country Club Dr. Irrigation Water Delivery District, as they have been determined to be signed by a majority of the owners of the acreage within the proposed district. Pursuant to A.R.S. § 48-3424, any land owner within the boundaries of the proposed Formal Meeting Minutes Wednesday, November 07, 2018 Page 23 of 68 district may appear and object to the organization thereof, or to the inclusion of the land owners property therein. The Board will hear and consider all comments in favor or against the organization of the district and decide whether to approve or reject the organization of the district within the boundaries proposed in the petition or with modified boundaries. If the Board decides to proceed with the organization of the district, the Clerk is directed to publish a notice and post copies of the notice describing the boundaries of the proposed district and fix a date of November 28, 2018, a date not less than 20 days after the publications and postings are completed. Written protests against the organization may be filed by owners of a majority of the acreage with the proposed district boundaries. If no protest is filed, or if one is filed and found insufficient, an order establishing the district shall be entered and will include the appointment of the following three (3) Trustees of the district as set forth in the petition: Martha Carey-Lee Bob Karber Don Skypeck Lots 3 through 24 of COUNTRY CLUB PLACE, a Subdivision of the Southwest Quarter of Section 28, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 9 of Maps, Page 24; EXCEPT any portion of said Lots that has been Dedicated as Right of Way; TOGETHER WITH That part of the Southwest Quarter of Section 28, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Beginning at the Northeast corner of Lot 10, of COUNTRY CLUB PLACE, according to Book 9 of Maps, Page 24, records of Maricopa County, Arizona; thence North 80 feet along the Easterly boundary line of said COUNTRY CLUB PLACE, Thence South 89 degrees, 59 minutes, 30 seconds West along a line 80 feet North of and parallel with the North line of said Lot 10 a distance of 140 feet to the intersection with the extension of the West line of said Lot 10, Thence South along said extension a distance of 80 feet to the Northwest corner of said Lot 10, Thence East along the North line of said Lot 10 to the True Point of Beginning; TOGETHER WITH That part of the Southwest Quarter of Section 28, Township 2 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Beginning at the Northeast corner of Lot 8, of COUNTRY CLUB PLACE, according to Book 9 of Maps, Page 24, records of Maricopa County, Arizona; said corner being the Northwest corner of the parcel herein described, run thence East on a prolongation of the North line of Lot 8, COUNTRY CLUB PLACE, a distance of 31.58 feet; Thence South 46 degrees, 30 minutes, 30 seconds West along a line which is the Northeasterly projection of the Southeasterly Line of Lot 8, COUNTRY CLUB PLACE 43.58 feet to a point, said point being a corner of Lot 8, COUNTRY CLUB PLACE; Thence North 0 degrees, 05 minutes East along the East line of said Lot 8 a distance of 30 feet to the True Point of Beginning. The district consists of 15.769 acres. (Supervisorial District 3) (C-06-19-137-M-00) 10. PETITIONS HEARING FOR THE FORMATION OF THE PROPOSED ORANGE VALLEY ESTATES IRRIGATION WATER DELIVERY DISTRICT Formal Meeting Minutes Wednesday, November 07, 2018 Page 24 of 68 Pursuant to A.R.S. § 48-3423 and § 48-3424, convene the scheduled public hearing regarding the petitions filed for the formation of the proposed Orange Valley Estates Irrigation Water Delivery District, as they have been determined to be signed by a majority of the owners of the acreage within the proposed district. Pursuant to A.R.S. § 48-3424, any land owner within the boundaries of the proposed district may appear and object to the organization thereof, or to the inclusion of the land owners property therein. The Board will hear and consider all comments in favor or against the organization of the district and decide whether to approve or reject the organization of the district within the boundaries proposed in the petition or with modified boundaries. If the Board decides to proceed with the organization of the district, the Clerk is directed to publish a notice and post copies of the notice describing the boundaries of the proposed district and fix a date of November 28, 2018, a date not less than 20 days after the publications and postings are completed. Written protests against the organization may be filed by owners of a majority of the acreage with the proposed district boundaries. If no protest is filed, or if one is filed and found insufficient, an order establishing the district shall be entered and will include the appointment of the following three (3) Trustees of the district as set forth in the petition: Erin Campbell Tanya Spelts Dwayne Douglas Lots 1 through 55, ORANGE VALLEY ESTATES, a Subdivision of the North Half of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 61 of Maps, Page 47; TOGETHER WITH Tract 11, RICHARDSON TRACT, a Subdivision of the Southwest Quarter of the Southwest Quarter & the South Half of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 18 of Maps, Page 6; EXCEPT that part described as follows; BEGINNING at the Northwest corner of said Lot 11, Thence South along the West line thereof 132.72 feet; Thence East 105 feet; Thence North 132.72 feet; Thence West along the North line of said Lot 11, a distance of 105 feet to the Point of Beginning; TOGETHER WITH Lots 1, 2, 3, 6, and 7, EASTSIDE ESTATES, a Re-subdivision of Tract 12 of RICHARDSON TRACT, a Subdivision of record, as recorded in Book 18 of Maps, Page 6, Maricopa County Records, and being a portion of the Northwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 163 of Maps, Page 14; TOGETHER WITH Formal Meeting Minutes Wednesday, November 07, 2018 Page 25 of 68 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. The district consists of 36.120 acres. (Supervisorial District 2) (C-06-19-146-M-00) Transportation – Transportación 11. ROAD FILE DECLARATIONS - DECLARACIONES DE CARRETERA Approve, by resolution, petitions to open and declare the following roads into the county highway system. This action will serve as notice of the Board of Supervisors’ acceptance of all U.S. Patent easements, reservations, rights-of-way or properties along the alignments into the Maricopa County highway system and will also authorize the maintenance and acquisition of the necessary rights-of-way through donation, purchase, or condemnation. a. ROAD FILE NO. A595 Convene a hearing for Road File No. A595 to Open and Declare the following described alignment into the County Transportation System. Therefore, pursuant to provisions in A.R.S. A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A595. Legal description is identified as Formal Meeting Minutes Wednesday, November 07, 2018 Page 26 of 68 Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (General Vicinity: 71st Avenue and Lower Buckeye Road and in Unincorporated Maricopa County. Supervisory District No. 5) (C-64-19-051-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. ROAD FILE NO. A565 Convene a hearing for Road File No. A565 to Open and Declare the following described alignment into the County Transportation System. Therefore, pursuant to provisions in A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A565. Legal description is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (General Vicinity: Hawes Road and McDowell Road and in Unincorporated Maricopa County. Supervisor District No. 2) (C-64-19-053-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo c. ROAD FILE NO. A566 Convene a hearing for Road File No. A566 to Open and Declare the following described alignment into the County Transportation System. Therefore, pursuant to provisions in A.R.S. A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A566. Legal description is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (General Vicinity: Mawson Road and 82nd Street and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-054-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo d. ROAD FILE NO. A569 Convene a hearing for Road File No. A569 to Open and Declare the following described alignment into the County Transportation System. Therefore, pursuant to provisions in A.R.S. A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A569. Legal description is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. Formal Meeting Minutes Wednesday, November 07, 2018 Page 27 of 68 (General Vicinity: Hermosa Vista Drive and Raven Street and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-055-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo e. ROAD FILE NO. A576 Convene a hearing for Road File No. A576 to Open and Declare the following described alignment into the County Transportation System. Therefore, pursuant to provisions in A.R.S. A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A576. Legal description is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (General Vicinity: Marguerite Avenue and 114th Street and in Unincorporated Maricopa County. Supervisory District No. 2) (C-64-19-056-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo f. ROAD FILE NO. A579 Convene a hearing for Road File No. A579 to Open and Declare the following described alignment into the County Transportation System. Therefore, pursuant to provisions in A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A579. Legal description is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (General Vicinity: Galveston Street and Mountain Road and in Unincorporated Maricopa County. Supervisor District No. 2) (C-64-19-057-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo g. ROAD FILE NO. 5917 Convene a hearing for Road File No. 5917 to Open and Declare the following described alignments into the County Transportation System. The Maricopa County Department of Transportation has inspected and approved/accepted the developer constructed roads within the Valley View #4 recorded in in Book 124 of Maps 13, MCR and has recommended that the Board of Supervisors adopt the resolution accepting the roads in the subdivision into the County road system, Except Culver Street (Melrose Avenue), 76th Place and Hermosa Vista Drive. Formal Meeting Minutes Wednesday, November 07, 2018 Page 28 of 68 (General Vicinity: 76th Street and Hermosa Vista Drive and known as Valley View #4. Supervisory District No. 2) (C-64-19-049-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo h. ROAD FILE NO. 5920 Convene a hearing for Road File No. 5920 to Open and Declare the following described alignments into the County Transportation System. The Maricopa County Department of Transportation has inspected and approved/accepted the developer constructed roads within the Rancho Cabrillo, Parcel B recorded in MCR 890-27 and has recommended that the Board of Supervisors adopt the resolution accepting the roads in the subdivision into the County road system. (General Vicinity: Jomax Road and Dysart Road and known as Rancho Cabrillo, Parcel B; Supervisory District No. 4) (C-64-19-052-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Air Quality 12. AQ-2018-001-INCORPORATION BY REFERENCE 2017-2018 Pursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of incorporating federal standards into Maricopa County Air Pollution Control Regulations: Rule 360 (New Source Performance Standards), Rule 370 (Federal Hazardous Air Pollutant Program), Rule 371 (Acid Rain), and Appendix G (Incorporated Materials). Following the public hearing, the Board is requested to adopt the incorporations into the Maricopa County Air Pollution Control Regulations. Upon Board approval, this item will become effective 11/07/2018. The Maricopa County Air Quality Department (MCAQD) is proposing to revise Rules 360, 370, 371, and Appendix G by incorporating federal regulations and documents promulgated by the U.S. Environmental Protection Agency (EPA): New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), Acid Rain and other parts of Title 40 Code of Federal Regulations. The proposed action will include amending the incorporation by reference date from July 1, 2017, to July 1, 2018, in each of the rules and appendix to remain current with federal regulations. The adoption of the proposed amendments to Maricopa County Air Pollution Control Regulations Rules 360, 370, 371 and Appendix G is necessary prior to requesting the EPA’s delegation of authority to the MCAQD for the implementation and enforcement of the federal regulations and documents. These amendments should not have an economic impact on businesses in Maricopa County and should not impose additional costs on the regulated community, small businesses, political subdivisions, and members of the public beyond that already incurred by reason of federal or state rule or law. The costs of compliance with these rules have already occurred and were considered when the federal and state rules or laws were Formal Meeting Minutes Wednesday, November 07, 2018 Page 29 of 68 proposed and adopted. Permit fees are not changing due to this action. No written comments were received regarding this rulemaking. One phone inquiry was received requesting information on what NSPS and NESHAP subparts were incorporated in this rulemaking. The MCAQD verbally provided the specific information. A Notice of Final Rulemaking will be distributed per normal procedures once approved. (C-85-19-007-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 13. AQ-2013-001-RULE 316 (NONMETALLIC MINERAL PROCESSING) Pursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of proposed amendments of Maricopa County Air Pollution Control Regulations Rule 316 (Nonmetallic Mineral Processing) and the associated proposed revision to the Arizona State Implementation Plan (SIP). Following the public hearing, the Board is requested to adopt the proposed amendments to the rule and to approve submission of the amended rule as a revision to the Arizona SIP. Upon Board approval, this item will become effective 11/07/2018. The Maricopa County Air Quality Department (MCAQD) is proposing to revise Rule 316 (Nonmetallic Mineral Processing) and is proposing to submit the revised rule as a revision to the Arizona SIP. Rule 316 was adopted to control emissions of particulate matter from sand and gravel plants, hot mix asphalt plants, and concrete batch plants. Rule 316 requires compliance with emission limits and implementation of control measures. Rule 316 also includes requirements for training, monitoring, recordkeeping, and reporting. Rule 316 was adopted on July 6, 1993 and revised three times thereafter to incorporate requirements prescribed by the Clean Air Act and the Environmental Protection Agency (EPA). The MCAQD is proposing to revise Rule 316 for the following reasons: to clarify the applicability and several requirements of Rule 316; to consolidate applicable requirements for nonmetallic mineral processing and related operations in a single rule; to incorporate EPA approved alternative control measures and test methods; to ensure the rule applies equitably to similar operations; to correct a deficiency that was noted by the EPA when Rule 316 was approved; to update the compliance schedule for rumble grates; and to address safety concerns identified by stakeholders. Permit fees are not changing due to this action. (C-85-19-006-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Clerk of the Court - Secretario de la Corte 14. APPOINTMENTS Pursuant to A.R.S. § 12-283, approve the official appointment of the following deputies, clerks, and assistants of the Clerk of the Superior Court. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231. Formal Meeting Minutes Wednesday, November 07, 2018 Page 30 of 68 Effective September 24, 2018 Heather Marie Azurin, Deputy Clerk Glenda Obdulia Bernal de Villa, Deputy Clerk Miguel Marin, Deputy Clerk Michelle Diane Messmer, Deputy Clerk Maria Salud Navayra Patterson, Deputy Clerk Effective October 8, 2018 Rebecca Elvir Calles, 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-16-19-005-9-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Supervisor Hickman recognized Mike Branham, Constable, Arrowhead Justice Precinct. Ayes: Barney, Chucri, Gates, Hickman, Gallardo Constables - Condestables 15. GRANT FUND FROM CONSTABLE ETHICS, STANDARDS AND TRAINING BOARD FOR NEW CONSTABLE EQUIPMENT Approve the application and acceptance of grant funds from Constable Ethics, Standards and Training Board, (CESTB CNA19-201), in the not-to-exceed amount of $7,297 for the purpose of Equipment Grant. The Grant award begins upon date fully executed and ends on June 30, 2019. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The grant allows a 0% rate for indirect costs, or $0 which may be incurred by the Constables or Maricopa County for the administration of this grant. The Maricopa County Department of Finance has calculated the Constable’s composite indirect cost rate at 8.7% or $635. The recoverable indirect cost of administering this grant is $0; the non-recoverable indirect cost is $635. Upon receipt of funds and pursuant to A.R.S. § 42-17106(B), approve revenue and expenditure appropriation, adjustments to the Constables (250) General Fund (100) Non- Recurring Non-Project (NRNP) associated with the grant in the amount of $7,297 for FY19. 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 budget adjustment does not alter the budget containing the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. § 42-17105. Grant funding will allow purchase uniforms and safety equipment for new constables. The CESTB grant award is non-reoccurring but has been awarded to the department in previous years. This grant does not require an in-kind match; indirect costs are not recoverable-indirect costs will be absorbed within the department’s budget; and ongoing cash contributions are also not required. The grant award is not a mandated function but provides a benefit to the citizens by allowing equipment refreshes for Constables in Maricopa County. The grant award is competitive. There are no costs that will need to be absorbed by the department’s operating budget. (C-25-19-001-G-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 07, 2018 Page 31 of 68 16. GRANT FUND FROM CONSTABLE ETHICS, STANDARDS AND TRAINING BOARD FOR EQUIPMENT FOR MULTIPLE INTERACTIVE LEARNING OBJECTIVE Approve the application and acceptance of grant funds from Constable Ethics, Standards and Training Board, (CESTB CNA19-207), in the not-to-exceed amount of $15,990 for the purpose of Equipment Grant. The Grant award begins upon date fully executed and ends on June 30, 2019. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The grant allows a 0% rate for indirect costs, or $0 which may be incurred by the Constables or Maricopa County for the administration of this grant. The Maricopa County Department of Finance has calculated the Constable’s composite indirect cost rate at 8.7% or $1,391. The recoverable indirect cost of administering this grant is $0; the non-recoverable indirect cost is $1,391. Upon receipt of funds and pursuant to A.R.S. § 42-17106(B), approve revenue and expenditure appropriation, adjustments to the Constables (250) General Fund (100) Non- Recurring Non-Project (NRNP) associated with the grant in the amount of $15,990 for FY19. 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 budget adjustment does not alter the budget containing the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. § 42-17105. Grant funding will allow purchase of upgraded Multiple Interactive Learning Objective (MILO) interactive digital force-options simulator as required by AZPOST. The CESTB grant award is non-reoccurring but has been awarded to the department in previous years. This grant does not require an in-kind match; indirect costs are not recoverable-indirect costs will be absorbed within the department’s budget; and ongoing cash contributions are also not required. The grant award is not a mandated function but provides a benefit to the citizens by allowing equipment refreshes for Constables in Maricopa County. The grant award is competitive. There are no costs that will need to be absorbed by the department’s operating budget. (C-25-19-002-G-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo County Attorney - Procurador del Condado 17. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE - COUNTY ATTORNEY Pursuant to A.R.S. § 11-409, approve the official appointment of the following deputies and assistants of the Maricopa County Attorney. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231. July 2, 2018 Patricia Cordova - Diversion Program Bureau Chief October 8, 2018 Jon’Nett Barksdale - Legal Support Specialist Erendira Bautista - Records Specialist Kara Bishop - Advocate Alicea Cragwell - Paralegal John Garcia - Records Specialist Schkella Haskins - Restitution Specialist Formal Meeting Minutes Wednesday, November 07, 2018 Page 32 of 68 Jeffrey Olson - Advocate Anthony Polse - Attorney Elaina Rooper - Attorney Stephany Torres - Records Specialist October 22, 2018 Jacquelyn Jackson - Paralegal Jennifer Lockerby - Attorney Maria McKee - Attorney Chinue Moore - Records Specialist Tracey Pierre - Advocate April Siegel - Advocate Samantha Tonto - Paralegal Kristen Trohkimoinen - Legal Support Assistant John Vivian - Diversion Program Evaluator The County Attorney is an Officer of the County, as enumerated in A.R.S. § 11-401, and pursuant to A.R.S. § 11-409, such an enumerated County Officer may appoint deputies and assistants with the consent of the Board of Supervisors. (C-19-19-020-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 18. REPLACEMENT WARRANTS – CHECK ENFORCEMENT PROGRAM Approve the issuance of replacement warrants for county warrants related to the Check Enforcement Program that have been outstanding for more than one year. Necessary affidavits have been filed with the Board. The Maricopa County Attorney’s Office (MCAO) Check Enforcement Program endeavors to make victims of bad check writers financially whole by pursuing restitution and holding offenders accountable. This service is offered free of charge to individuals and merchants who have gone unpaid due to insufficient funds. When restitution has been received, the MCAO Check Enforcement Program issues a warrant to the victim. Unfortunately in some cases, warrants are returned to MCAO or remain uncashed because of an address change, an incorrect address on file or changes in merchant ownership. MCAO requests the issuance of replacement warrants to these victims in the total amount of $5,941.21. These funds will directly impact victims of bad check writers by making them financially whole. (C-19-19-021-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 19. AMENDMENT TO DRUG, GANG, AND VIOLENT CRIME CONTROL GRANT FROM THE ARIZONA CRIMINAL JUSTICE COMMISSION Approve the amendment to the grant agreement from the Arizona Criminal Justice Commission (ACJC) for the FY 2018-2019 Drug, Gang, and Violent Crime Program. The amendment to ACJC Grant Number DC-19-027 is required in order to comply with the provisions imposed by the Department of Justice (DOJ) related to notification and access requirements for the Department of Homeland Security (DHS). These requirements are part of the lawsuit, Chicago v. Sessions that delayed the release of the FFY 2017 Byrne Justice Assistance Grant. The DOJ released the federal funding to those jurisdictions that were not part of the lawsuit but mandated compliance with the notification and access requirements. For any jurisdiction to receive federal funding from the Byrne Justice Formal Meeting Minutes Wednesday, November 07, 2018 Page 33 of 68 Assistance Grant, these two provisions must be included in the grant agreement. Authorize the Chairman to sign all documents related to this grant agreement. The original grant agreement that was previously approved by the Board of Supervisors on 6/27/2018 included two provisions related to amending the grant agreement. Provision number five included the ability to modify the agreement through a written amendment signed by the ACJC Director and the grantee. Also, provision number seven included a statement that ACJC may amend the agreement to reflect any additional special conditions imposed by BJA in the FFY 2017 Byrne JAG federal grant agreement. (C-19-18-060-G-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Sheriff - Alguacil 20. DONATION FROM RECYCLE 1 Accept the cash donation of $273 from Recycle 1 designated for the Sheriff's Office Animal Safe Haven (MASH). (C-50-19-030-D-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 21. PERMANENT ADDITIONS TO FLEET Approve 18 permanent additions to the County Fleet as funded in the FY 2019 budget for assignment to the Sheriff’s Office (D500). Specific vehicle information will be furnished following vehicle acquisition and deployment. Fund 100, General Fund, Compliance (MEL1): Ten (10) sedans to include radios and lights for use by Professional Standards Bureau investigators for an estimated value of $401,000. Also, per A.R.S. 38.538.03 approve exemptions from markings and undercover registrations. Fund 100, General Fund, (1001): 1) One (1) 4 x4 one-ton pickup truck with shell, vault, emergency lighting, radios and MDC for use as a Bomb Squad vehicle for SWAT for an estimated value of $120,000. Also, per A.R.S. 38.538.03 approve exemptions from markings and undercover registrations. 2) Five (5) side-by-side ATV’s with an estimated value of $13,000 each for $65,000 to be used by the Lakes Division. 3) One (1), 4 x 4 one-ton pickup truck with emergency lighting, radios, computer, and a gooseneck trailer hitch with a 2” lift to be used by the Lakes Division as a dive truck with an estimated value of $65,000. Fund 255, Detention Fund, (1001) One (1) electric scissor lift that can lift 500 pounds 25 vertical feet with an estimated value of $12,000 to be used in the food factory. Vehicle replacements for these items will be funded by the respective General Fund and Detention Fund replacement program at the end of useful life. (C-50-19-029-V-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 07, 2018 Page 34 of 68 22. EXEMPTIONS FROM MARKINGS AND ISSUANCE OF UNDERCOVER LICENSE PLATES FOR REPLACEMENT UNDERCOVER FLEET VEHICLES GOING INTO SERVICE Approve per A.R.S. §38-538.03 exemptions from markings and undercover license plate designations for fourteen (14) county fleet replacement vehicles going into service that will be assigned for use by undercover detectives in the Sheriff’s Office. Board approval for exemption from markings is vehicle specific, good for one year and is non-transferrable. These requests apply to new fleet detective vehicles going into service that replace vehicles being retired from the fleet due to age and/or condition. A confidential list with vehicle information will be provided to the Clerk of the Board following Board approval. (C-50-19-032-V-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 23. ONE TIME ADDITIONS TO FLEET OF ABANDONED VEHICLES Approve three, one-time additions to fleet of abandoned vehicles for which the cases have been completed. 1. One (1) 2004 car hauler trailer, VIN - AZ350406, valued at $2,500, with an estimated annual operating cost of $1,000 to be used by the Sheriff's Impound Lot. 2. One (1) 2013 Pace box trailer, VIN-AZ 40LFB1017YP056954, valued at $4,000 with an estimated annual operating cost of $1,000 to be used by detectives in Sheriff's Office District III. 3. One (1) 2013 Lucas box trailer, VIN-AZ338184, to be used in Sheriff's Office District VI, valued at $4,000. Combined annual operating expense ($3,000) plus the combined estimated one-time costs to restore these items to road-safe standards ($3,750) will be absorbed within the Sheriff's Office (D500) General Fund (100) operations. These are one-time additions to fleet that will be retired at the end of useful life with no funding from the General Fund for replacement. (C-50-19-031-V-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 24. INTERGOVERNMENTAL SERVICES AGREEMENT WITH DEER VALLEY UNIFIED SCHOOL DISTRICT #97 FOR FEDERAL DIESEL EMISSIONS REDUCTION ACT (DERA) STATE CLEAN DIESEL GRANT PROGRAM Approve and authorize the Chairman to execute an Intergovernmental Services Agreement between the Maricopa County Air Quality Department (MCAQD) and the Deer Valley Unified School District #97 for MCAQD to provide up to $149,636 in federal DERA sub- award funding to Deer Valley Unified School District #97 for the replacement of four diesel powered school buses. This Agreement will provide up to $149,636 in funds to support the State Clean Diesel Formal Meeting Minutes Wednesday, November 07, 2018 Page 35 of 68 Program and benefit air quality by replacing four 2001 model year diesel school buses with four new 2019 ultra-low sulfur diesel buses. Matching funds of 75% will be provided by Deer Valley Unified School District #97. The program is consistent with Maricopa County Air Quality Department’s (MCAQD) mission “to provide clean air to Maricopa County residents and visitors so they can live, work, and play in a healthy environment.” (C-85-19-009-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 25. MOU WITH TURBINE ALLOYS, LLC FOR FEDERAL DIESEL EMISSIONS REDUCTION ACT STATE CLEAN DIESEL GRANT PROGRAM Approve and authorize the Chairman to execute a Memorandum of Understanding (MOU) between the Maricopa County Air Quality Department (MCAQD) and Turbine Alloys, LLC for MCAQD to provide up to $49,580 in federal Diesel Emissions Reduction Act (DERA) sub-award funding to Turbine Alloys for the replacement of two legacy diesel powered heavy-duty trucks. This MOU will provide up to $49,580 in funds to support the State Clean Diesel Program and benefit air quality by replacing one 2004 and one 2006 model year heavy-duty diesel trucks with two new 2018 cleaner diesel burning trucks. Matching funds of 75% will be provided by Turbine Alloys. The program is consistent with Maricopa County Air Quality Department’s (MCAQD) mission “to provide clean air to Maricopa County residents and visitors so they can live, work, and play in a healthy environment.” (C-85-19-010-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 26. DONATION FROM KENDA SEAVERS ON BEHALF OF THE ANIMAL LOVERS OF LAVEEN FOR ADOPTION FEES Accept the restricted monetary donations of $1,100 and $2,075 from Kenda Seavers, on behalf of the Animal Lovers of Laveen, to be used in sponsorship of 127 animal adoption fees. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-19-047-D- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 27. DONATIONS FROM ARIZONA ANIMAL RESCUE MISSION (AARM) Accept the following restricted monetary donations totaling $38,780 from the Arizona Animal Rescue Mission (AARM): Formal Meeting Minutes Wednesday, November 07, 2018 Page 36 of 68 *$5,000 in sponsorship of 200 animal adoption fees; *$5,000 to cover costs and expenses related to Animal Care & Control's transport program, including necessary medical testing kits, gas, food & lodging. *$25,000 to supplement the Best Friends grant accepted by the Board on August 1, 2018 (C-79-19-007-G-00). This donation supplements the program to enhance the adoption of pit bull and pit bull mix dogs by providing for supplies, medical tests, and adoption promotions. *$3,780 in payment of an invoice for paving and painting at the East shelter. 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-79-19-048-D- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 28. NEW HOPE AGREEMENT WITH LOVE FOR DOGS Approve an agreement between Love For Dogs and Maricopa County, administered by Maricopa County Animal Care and Control, to allow said rescue to transfer animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag, and new owner transfer fee within the first year of transfer for each dog three months of age or older at no cost to the Contractor. The cost for these services is $51 for each animal transferred in FY 2019 and $52 for each animal transferred thereafter. Animal Care and Control estimates 12 New Hope transfers over the term of the agreement for a total of $616. The term of this agreement is November 1, 2018 through October 31, 2019. (C-79-19-049-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Emergency Management - Administración de Emergencia 29. 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 city: City of Tempe. 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 $9,528. 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 Formal Meeting Minutes Wednesday, November 07, 2018 Page 37 of 68 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 expired on June 30, 2018. Currently there are 2 cities and towns that are awaiting the approval of the IGA through their council. (C-15-18-008-3-05) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Finance - Finanzas 30. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 10/05/2018 through 10/18/2018, 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-06-19-162-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 31. ACCEPT TRIBAL GAMING FUNDS FROM THE GILA RIVER INDIAN COMMUNITY Pursuant to A.R.S. §5-601.02, authorize acceptance and pass-through of funds from the Gila River Indian Community for following programs in the not-to-exceed amount of $531,524.54 ($443,524.54 in FY 2019, $68,000.00 in FY 2020, $20,000.00 in FY 2021). On March 21, 2018, the Board authorized submission of these applications to the Gila River Indian Community. Arizona Museum of Natural History Free The Dinosaur FY 2019 Award: $30,000.00 Big Brothers Big Sisters of Central Arizona (BBBSAZ) Big Futures Program FY 2019 Award: $35,000.00 Bridging AZ Furniture Bank Veterans Furniture Project FY 2019 Award: $12,000.00 FY 2020 Award: $12,000.00 Duet: Partners In Health & Aging Aging With Dignity Through Escorted Transportation FY 2019 Award: $36,000.00 FY 2020 Award: $36,000.00 First Place® AZ First Place®-Phoenix Residential Security and Safety Program FY 2019 Award: $74,000.00 HonorHealth Foundation HonorHealth Medical Forensic Nurse Examiner Program Formal Meeting Minutes Wednesday, November 07, 2018 Page 38 of 68 FY 2019 Award: $20,070.00 ICM Food & Clothing Bank Children's Nutrition Program FY 2019 Award: $20,000.00 FY 2020 Award: $20,000.00 FY 2021 Award: $20,000.00 Local First Arizona Foundation Fuerza Local in rural Arizona FY 2019 Award: $48,000.00 Marc Community Resources Employment Training Automatic Door Openers and Computers/SmartBoards FY 2019 Award: $27,900.00 Native American Community Health Center, Inc. dba NATIVE HEALTH Mesa Medical Expansion Project FY 2019 Award: 74,344.54 notMYkid Amplif(i): Peer-to-Peer Prevention Education Programming FY 2019 Award: $30,000.00 Opportunity4Kids Out-of-School Time Development Project FY 2019 Award: $6,210.00 The grant award is one time and there is no cash or in-kind match requirement. Indirect costs are not applicable to Tribal Gaming Grants. Future ongoing cash contributions are not required after the grant period. The grant award is not a mandated function and the services provided by this grant benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development. The grant award is competitively bid and determined by the Gila River Indian Community. There are no costs that will need to be absorbed by the department’s operating budget. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. (C- 18-18-010-G-01) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Services - Servicios Humanos 32. RESCIND AND APPROVE IGA WITH TOWN OF WICKENBURG FOR WORKFORCE DEVELOPMENT AND TRAINING SERVICES Request the following actions: 1. Rescind action taken by the Board of Supervisors on September 19, 2018 to enter into an Intergovernmental Agreement (IGA) between the Town of Wickenburg (Town) and Maricopa County (County) (C-22-19-007-3-00), administered by its Human Services Department, Workforce Development Division for workforce development services. The Formal Meeting Minutes Wednesday, November 07, 2018 Page 39 of 68 Town requested changes to the Agreement in the following areas: 7.0 Termination and 13.0 General Indemnification. Changes were made to the Agreement as requested. 2. Approve a retroactive financial IGA with Town of Wickenburg. The purpose of this Agreement is to integrate the County’s Workforce Innovation and Opportunity Act (WIOA) program service delivery into the Town’s library system. The Parties agree to support workforce development and training efforts that will enable the Town’s employers to attract and retain top talent and to provide adult and youth services. Service activities are delivered within the Town’s Library located at 164 E Apache St, Wickenburg, AZ 85390 (“Town’s Library”). The Town shall compensate the County on a monthly basis for program service delivery. The total compensation amount shall not exceed $43,122.44 for the period of July 1, 2018 to June 30, 2019. Upon approval by the Parties, the Agreement shall be retroactive from July 1, 2018 to June 30, 2019. The Agreement may be extended for three (3) additional one (1) year terms upon acceptance and approval by the Parties. This is a resource sharing agreement, and does not have grant requirements. 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. Therefore, the indirect cost rate is 22.9% for salaries and employee related expenses. The Agreement funding amount is $43,122.44 of which $35,087.42 is for salaries and employee related expenses. The estimated recoverable indirect rate costs are $8,035.02 with $0 being unrecoverable. Budget adjustments will be made when the Indirect rate costs has been fully negotiated and shall be retroactive to July 1, 2018. Funds received from this Agreement do 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 Agreement through future grant reconciliation. This Agreement does not contain General Funds. Supervisor District: 4 (C-22-19-007-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 33. PARTICIPATION IN THE 114TH PARTNERSHIP’S SPARK 101 PROGRAM Approve the Maricopa County Workforce Development Board (WDB) to participate in 114th Partnership’s Spark 101 Program activities. 114th Partnership is a national non-profit organization and Spark 101 is a program that helps young people make the connection between in demand skills and viable careers in communities. The Spark 101 Program features career snapshot videos that are 1-minute introductions to high opportunity careers designed to inspire next step action for youth including but not limited to increased engagement with education, college and career counseling, career planning platforms and employer connections. Participation in the Spark 101 Program will include employer focused design sessions to Formal Meeting Minutes Wednesday, November 07, 2018 Page 40 of 68 produce three Snapshot prototype videos to be hosted, promoted and tracked via the AZ@WORK system to successfully connect youth to education and employment in the Maricopa County Local Workforce Development Area (LWDA). Also request the following items: 1. Approve a non-financial commitment with 114th Partnership; 2. Authorize the Human Services Department Director to sign all documents related to the activities. Participation in the Spark 101 Program shall be for a one-year period beginning November 1, 2018 to October 31, 2019. The WDB will work to identify the in demand sectors that will be featured in the Spark 101 program activities. Supervisor District: All (C-22-19-013-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 34. AMENDMENT TO IGA WITH CITY OF GLENDALE FOR HOME INVESTMENT PARTNERSHIPS ACTIVITIES Approve non-financial Amendment No. 3 to the Intergovernmental Agreement between City of Glendale (City) and Maricopa County (County) administered by its Human Services Department. The purpose of the Amendment is to address the following: A. Extend the contract termination date of the Agreement from June 30, 2018 to June 30, 2019. Extending the Agreement termination date will provide the County with additional time to complete the Agreement close out process. The Parties also agree that all work performed or costs incurred or expended under the previously approved scope of work remain reimbursable under the terms of the Agreement. The County shall reimburse the City on a Net 0 payment standard. This agreement is subject to A.R.S. §38-511. This Amendment is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-14-063-3-00). The City’s housing activities meet all HOME Investment Partnerships Program requirements for the required period of affordability. This item does not impact the General Fund. All other terms and conditions of the original Agreement and previous Amendments remain the same and in full force and effect as approved and amended. Supervisor District: 4 (C- 22-15-042-3-03) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 35. RECERTIFICATION OF THE MARICOPA COUNTY LOCAL WORKFORCE DEVELOPMENT BOARD Request that the Board of Supervisors approve the submission of a Recertification of the Formal Meeting Minutes Wednesday, November 07, 2018 Page 41 of 68 Maricopa County Local Workforce Development Board (WDB) to Arizona Department of Economic Security (DES) for the Program Year (PYs) 2018-2019 as required by Workforce Innovation and Opportunity Act (WIOA). Through this approval, the Board of Supervisors authorizes the following: • Board of Supervisors’ Chairman, as Chief Elected Official (CEO) to sign the LWDB Recertification Request • Board of Supervisors’ Chairman and WDB Chairman to sign the recertification and certifies that: o Appointment of members, as described in WIOA Section 107(a) - (c), performed successfully and sustained fiscal integrity during PYs 2016-17, and developed and implemented strategies to improve and continuously strengthen the ARIZONA@WORK system in accordance with WIOA; and o Compliance with the LWDB Assurances contained with this request. • Submit Recertification packet to DES Also request authorization for the Chairman to sign all future documents related to recertification of the Maricopa County Workforce Development Board. All documents will receive legal review prior to processing for signatures and will be filed with the Clerk of the Board’s office. Maricopa County has been designated a Local Workforce Development Area in compliance with Section 106 (b)(1)(A) of the Workforce Innovation and Opportunity Act. Maricopa County is responsible for increasing the employment, job retention, and earnings of Maricopa County residents through activities designed to improve the skill sets of the workforce. The Maricopa County Workforce Development Board Recertification request serves as formal notification to the Governor, Workforce Arizona Council, and DES of Maricopa County‘s request for Recertification for the PY 2018-2019 period. The County contracts with DES, through IGA’s (C-22-16-004-3 and C-22-19-002-3) for the County to deliver WIOA activities in Maricopa County, excluding the City of Phoenix. Supervisory District: All (C-22-19-014-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Procurement Services - Servicios de Adquisiciones 36. CENTRAL COURTS RENOVATION DESIGN (190001-ROQ) Approve the Contract for Award at a not-to exceed amount of $679,350. The purpose of the contract is to provide professional design services for the renovation and design of the 12th and 13th floors in the Central Courts with the option to add additional floors as required. (C-73-19-010-5-00) Arrington Watkins Architects. Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 37. INTAKE TRANSFER AND RELEASE FACILITY DETENTION FACILITY-DESIGN (15063-ROQ) Formal Meeting Minutes Wednesday, November 07, 2018 Page 42 of 68 Approve Change Order #8 with Arrington Watkins Architects for the Inmate Transfer and Release Facility in an amount not-to-exceed $135,100 from $14,156,117.88 to $14,291,217.88 as requested by Facilities Management Department. The purpose of this increase is to provide to Maricopa County additional construction administration services. The current estimated date of Final Completion as of this Change Order will be November 8, 2021. (C-73-16-019-5-03) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Public Health - Salud Pública 38. AMENDMENT TO RFP CONTRACT WITH CITY OF TEMPE FOR ARIZONA HEALTH ZONE-SNAP-ED NUTRITION SERVICES Approve Amendment No. 1 to RFP Contract MA D860 180168 between City of Tempe and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for Arizona Health Zone, Supplemental Nutrition Assistance Program – Education (SNAP-Ed) services. The Contract period is extended from October 1, 2018 through September 30, 2019 with funding in the not-to-exceed amount of $311,901 for a 2-year cumulative amount of $673,802. The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of five (5) years, (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six (6) months after expiration). In addition, replace Exhibit A, Pricing Sheet, with the revised Exhibit A; replace Exhibit B, Scope of Work, with the revised Exhibit B, and add 3.3.5: if contractor is under budget at 6, 7, 8, 9, or 10 months by more than $10,000, contractor must submit a written plan on proposed reallocation of funds within 30 days of request by funder. Upon failure to submit such plan, MCDPH will withhold payment of invoice until a written plan is received by funder. Failure to respond to the request within 60 days may result in cancellation of the contract. Maricopa County’s indirect rate for FY 2018-19 is 18.9%. This Contractor is a sub-recipient and is not subject to indirect charges. Funding for this contract is made available by the United States Department of Agriculture (USDA) (CFDA 10.561) via the Arizona Health Zone IGA with Arizona Department of Health Services approved October 10, 2018 as C- 86-16-020-3-03. This Contractor was a successful respondent to PH RFP 171202 issued by the Maricopa County Department of Public Health. This Contract was procured under Section MC1-330 of the Maricopa County Procurement Code. (C-86-18-029-3-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 39. AMENDMENT TO RFP CONTRACT WITH DESERT MISSION, INC FOR ARIZONA HEALTH ZONE SERVICES Approve Amendment No. 1 to RFP Contract MA D860 180157 between Desert Mission, Inc. and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for Arizona Health Zone (previously AzNN), Supplemental Nutrition Assistance Program – Education (SNAP-Ed) and Local Incentive Award (LIA) Services. The Contract period is extended from October 1, 2018 through September 30, 2019 with Formal Meeting Minutes Wednesday, November 07, 2018 Page 43 of 68 funding in the not-to-exceed amount of $67,725 for a 2-year cumulative amount of $160,450. The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of five (5) years, (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six (6) months after expiration). In addition, replace Exhibit B, Scope of Work, with the revised Exhibit B. Maricopa County’s indirect rate for FY2018-19 is 18.9%. This Contractor is a sub-recipient and is not subject to indirect charges. Funding for this contract is made available by the United States Department of Agriculture (USDA) (CFDA 10.561) via the Arizona Health Zone IGA with Arizona Department of Health Services approved October 10, 2018 as C- 86-16-020-3-03. This Contractor was a successful respondent to PH RFP 171202 issued by the Maricopa County Department of Public Health. This Contract was procured under Section MC1-330 of the Maricopa County Procurement Code. (C-86-18-027-3-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 40. AMENDMENT TO CONTRACT WITH AMERICAN LUNG ASSOCIATION IN ARIZONA FOR AZ SMOKE-FREE LIVING Approve Amendment No. 6 to Request for Proposal (RFP) Contract between the American Lung Association in Arizona (ALAA), an Arizona Corporation and Maricopa County by and through its Department of Public Health (MCDPH), for the purchase of Smoke-Free Living Facilities services. The American Lung Association (ALA) in Arizona goals are to decrease exposure to secondhand smoke in homes by increasing access to smoke-free multi-unit housing option and to increase awareness among the public, healthcare community, and decision makers of the health risks and economic impact of poor air quality. The contract is amended as follows: A. 1.0. Contact Term, 1.1, extend the contract term for one (1) year, beginning on the 1st day of November, 2018 and ending the 31st of October, 2019. (This is the final year in the 5 year maximum term.) B. 6.28, Incorporation of Documents: 6.28.1 Exhibit A, Pricing, replace with an updated Exhibit A, Pricing, Budget Narrative for budget period November 1, 2018 through October 31, 2019 and budget amount of $626,000; 6.28.2 Exhibit B, Scope of Work, Detailed Work Plan replace with an updated Exhibit B, Scope of Work, Detailed Work Plan. All other terms and conditions of the original contract and its amendments shall remain in full force and effect. Maricopa County’s indirect rate for FY 2018-19 is 18.9%. This Contractor is a sub-recipient and is not subject to indirect charges. This program is funded by the Arizona Multi-Housing Project IGA, ADHS15-084012, through the Arizona Department of Health Services. Funding was approved on 12/10/2014 as C-86-15-053-3-00. Formal Meeting Minutes Wednesday, November 07, 2018 Page 44 of 68 This Contractor is a successful respondent to a Request for Proposal PH RFP 15-006 issued by the Maricopa County Department of Public Health. Funding for this Contract is provided through an IGA between Maricopa County through its Department of Public Health, and Arizona Department of Health Services (ADHS) and does not increase the County general fund budget. (C-86-15-054-3-06) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 41. AMENDMENT TO CONTRACT WITH ARIZONA MULTIHOUSING ASSOCIATION FOR AZ SMOKE-FREE LIVING Approve Amendment No. 4 to Contract between the Arizona Multihousing Association (AMA) and Maricopa County by and through its Department of Public Health (MCDPH), for the purchase of Smoke-Free Living Facilities services. The AMA goals are to decrease exposure to secondhand smoke in homes by increasing access to smoke-free multi-unit housing option and to increase awareness among the public, healthcare community, and decision makers of the health risks and economic impact of poor air quality. The contract is amended as follows: A. 1.0. Contact Term, 1.1, extend the contract term for one (1) year, beginning on the 1st day of November, 2018, and ending the 31st day of October, 2019; B. 6.28, Incorporation of Document, 6.28.1 Exhibit A, Pricing, Compensation/Fees, Total Amount, increase the Total Amount to an aggregate not-to-exceed amount from $373,664.64 to $485,664.64 (an increase of $112,000.00 for the budget period November 1, 2018 to October 31, 2019); C. 6.28, Incorporation of Document, 6.28.2 Exhibit B, Scope of Work, replace with an updated Exhibit B, Revised Scope of Work; Maricopa County’s indirect rate for FY 2018-19 is 18.9%. This Contractor is a sub-recipient and is not subject to indirect charges. This program is funded by the Arizona Multi-Housing Project IGA, ADHS15-084012, through the Arizona Department of Health Services. Funding was approved on 12/10/2014 as C-86-15-053-3-00. All other terms and conditions of the original contract and its amendments shall remain in full force and effect. This Contractor is a successful respondent to a Request for Proposal PH RFP 15-013 issued by the Maricopa County Department of Public Health. Funding for this Contract is provided through an IGA between Maricopa County through its Department of Public Health, and Arizona Department of Health Services (ADHS) and does not increase the County general fund budget. (C-86-15-072-3-05) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 42. AMENDMENT TO IGA FOR ARIZONA MULTI HOUSING PROJECT WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Approve Amendment 4 to Intergovernmental Agreement (IGA) ADHS15-084012 between Formal Meeting Minutes Wednesday, November 07, 2018 Page 45 of 68 Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Office of Tobacco & Chronic Disease Prevention, to provide education/outreach and prevention services to ensure all people living in Maricopa County and surrounding communities have access to smoke-free living facilities. Funding is in the not-to-exceed amount of $819,640 for the budget period of November 1, 2018 through October 31, 2019. This is the final year of the maximum 5 year term. 1. Pursuant to Terms and Conditions, Provision Four (4), Contract Administration and Operation, subsection 4.2, Contract Renewal, this agreement is hereby extended through October 31, 2019, the fifth and final year. The grant award is in the 5th year of its 5 year term and it is expected to continue. The award was not competitive. Cash or in-kind match is not required. The grant award is not a mandated function but provides a benefit to the citizens through the education and prevention services directed at achieving smoke free rental units. The Department of Public Health’s Indirect Rate for FY 2018-19 is 18.9%. The pass-thru amount is $737,618, which is not subject to indirect cost. Per this IGA, the indirect costs shall not exceed 15% of total personnel and employee related expenses in the amount of $59,952, therefore $8,993 is recoverable and $4,045 is unrecoverable. Indirect costs not recoverable will be subsidized by the MCDPH indirect cost pool. 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-86-15-053-3-06) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 43. RESCIND AND APPROVE AMENDMENT TO RFP CONTRACT WITH DELTA DENTAL PLAN OF ARIZONA FOR DENTAL INSURANCE SERVICES Rescind an action taken on September 19, 2018 for item (C-86-13-061-3-07) for retroactive Amendment No. 7 to Request for Proposal (RFP) Contract between Delta Dental Plan of Arizona and Maricopa County through its Department of Public Health for the provision of dental insurance services to individuals affected by HIV/AIDS. The rescind action was due to additional language being required on the amendment document. The original amendment No. 7 was not signed. Also, approve a retroactive Amendment No. 7 to Request for Proposal (RFP) Contract between Delta Dental Plan of Arizona and Maricopa County through its Department of Public Health for the provision of dental insurance services to individuals affected by HIV/AIDS. This amendment will change under Section 6.28 Incorporation of Documents, 6.28.1 Exhibit A, Pricing, Page 15, Dental Benefits Proposal to the following: 1.) Proposed effective date: March 1, 2016 and 2.) Annual Maximum Benefits: the increased amount from $3,500.00 to $5,000.00, will be approved by the Maricopa County Ryan White Program. All other terms and conditions of the original contract and its amendments shall remain in full force and effect. Delta Dental Plan of Arizona is a successful recipient of Request for Proposal contract pursuant to PH RFP 13-006, dated March 1, 2013. Formal Meeting Minutes Wednesday, November 07, 2018 Page 46 of 68 Funding for this Contract is provided by a grant from the Federal Department of Health and Human Services, Health Resources and Services Administration (HRSA), the Ryan White (RW) Comprehensive HIV/AIDS Treatment modernization Acts of 2006 and the Maricopa County General Government Department, Ryan White Part A Program and will not affect the County general fund. (C-86-13-061-3-08) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 44. IMPLEMENTATION AGREEMENT WITH NURSE FAMILY PARTNERSHIP FOR THE NURSE FAMILY PARTNERSHIP PROGRAM Approve a retroactive Implementation Agreement (IA) between Nurse Family Partnership (NFP), a Colorado Nonprofit Corporation and Maricopa County by and through its Department of Public Health (MCDPH), Office of Family Health (OFH) for implementation of the evidence-based Nurse Family Partnership® Program. This IA is effective November 1, 2018 through October 31, 2021 with a total not-to-exceed fee schedule amount of $104,145, which includes automatic extensions until terminated by either party. The retroactive status was due to final edits by NFP. The breakdown of the annual fee schedule below will apply: Year 1, November 1, 2018 – October 31, 2019: $33,433; Year 2, November 1, 2019 – October 31, 2020: $34,833; Year 3, November 1, 2020 – October 31, 2021: $35,879. Fees for NFP training/education services will be billable and paid through grant funding from Arizona Department of Health Services. The grant award for the Nurse-Family Partnership Home Visitation in South Phoenix was approved by the Board on February 15, 2017, as C-86-17-049-3-00. Procurement authority is Prior Designation – MC1-102C. (C- 86-19-021-3-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 45. NOTICE OF AWARD WITH HEALTH RESOURCES AND SERVICES ADMINISTRATION FOR HEALTHY START INITIATIVE (HSI): ELIMINATING DISPARITIES IN PERINATAL HEALTH Approve Notice of Award (NOA) No. (6 H49MC00174-18-00), Grant No. (H49MC00174), Healthy Start Initiative (HSI): Eliminating Disparities in Perinatal Health, from Department of Health and Human Services, (DHHS), Health Resources and Services Administration (HRSA) to Maricopa County through its Department of Public Health (MCDPH), South Phoenix Healthy Start (SPHS), to provide funding for the Healthy Start program. This NOA for a total not-to-exceed amount of $755,459.00, for the budget period November 1, 2018 through March 31, 2019. 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 $120,086.00, 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. The HSI grant award is reoccurring and has been awarded to the department in previous Formal Meeting Minutes Wednesday, November 07, 2018 Page 47 of 68 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. 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- 86-02-165-2-41) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 46. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR EMERGENCY PREPAREDNESS PROGRAM Approve retro-active fixed-price Amendment No. 5 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), EPP, Office of Preparedness and Response (OPR) to provide additional funding for Linkages to Care – National Center for Injury Prevention and Control (NCIPC); Maricopa Mosaic Program Evaluation – NCIPC; Information Management – NCIPC; Vulnerability Assessment – NCHHSTP; Biosurveillance – Special Projects; Syndromic Surveillance – Special Projects; and General Tasks. 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 five (5); 2.) The Contract Price Sheet is revised to include the Price sheet of this Amendment five (5). The retroactive status is due to late processing of this amendment at ADHS. The additional funding amount is $714,562.00, bringing the current cumulative IGA budget amount from $2,714,054.00 to $3,428,616.00. The price sheet budget period for this amendment is September 1, 2018 through August 31, 2019. The IGA term begins July 1, 2016 and terminates June 30, 2021. Maricopa County Department of Public Health’s Indirect Rate for FY2018-19 is 18.9%. The indirect costs are estimated at $113,585.00, 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. The EPP grant award will be reoccurring and has been awarded to the department in previous years. This grant has an indirect cost that is fully recoverable; and 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. Formal Meeting Minutes Wednesday, November 07, 2018 Page 48 of 68 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-86-16-112-3-05) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 47. AMENDMENT TO CONTRACT WITH DESERT MISSION FOR AZ HEALTH ZONE, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM Approve a retro-active extension to the year 1 agreement to allow for modification of the Scope of Work between Desert Mission and Maricopa County by and through its Department of Public Health (MCDPH). This agreement provides funding for Arizona Health Zone, Supplemental Nutrition Assistance Program – Education (SNAP-Ed) and Local Incentive Award (LIA) Services. The extension is for 90 days; revising the expiration date from September 30, 2018, to November 30, 2018. The Scope of Work is revised to include: Desert Mission will conduct focus groups and collect surveys with clients who use the Food Bank to assess the acceptance and implementation of a new nutrition policy that is based on Feeding America’s, “Foods to Encourage” (F2E) model. The Price Sheet remains in the amount of $92,725, however, this action details the FY18- 19 amount of $63,639. The Price Sheet is revised and replaced with the Price Sheet in this Amendment. This Contractor is a sub-recipient and is not subject to indirect charges. Funding for this contract is made available by the United States Department of Agriculture (USDA) (CFDA 10.561) via the Arizona Health Zone IGA with Arizona Department of Health Services approved October 10, 2018 as C-86-16-020-3-03. This Contractor was a successful respondent to a Notice of Intent issued by the Maricopa County Department of Public Health pursuant to PH RFP 180157. This Contract was procured under Section MC1-330 of the Maricopa County Procurement Code. (C-86-18- 027-3-02) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Real Estate - Bienes Raíces 48. REVOCABLE LICENSE AGREEMENT P-50314 WITH KEN SHEELY RANCHES PARTNERS Approve and authorize the Chairman to execute Amendment No. 1 to Revocable License Agreement P-50314 with Ken Sheely Ranches Partners (“Licensee”) for Licensee’s restricted use of the County’s Southwest Regional Center site at 103rd Avenue and Van Buren in Avondale, Arizona (the “Premises”). Formal Meeting Minutes Wednesday, November 07, 2018 Page 49 of 68 The Agreement will permit Licensee continued use of the Premises for farming from January 1, 2019 through December 31, 2019. Licensee’s consideration for use of the Property is $950.00 and the use will keep the property free of weeds and other noxious plants and will maintain the Premises in compliance with ordinances, regulations and statutes pertaining to airborne particulate matter. Either Party may terminate the Agreement with 180-day written notice to the other. (C-70-18-002-M-01) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation - Transportación 49. 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-06-19-192-7-00) A. DD-10857 Project #: TT008 – Warner Rd & L202 – Assessor’s Parcel #: 304-31- (DS) 023 (Portion) – Warranty Deed – D&G Development, LLC for the sum of $10.00. B. DD-10857 Project #: TT008 – Warner Rd & L202 – Assessor’s Parcel #: 304-31- (DS) 023 (Portion) – Purchase Agreement and Escrow Instructions D&G Development, LLC. Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 50. 2019 MEETING SCHEDULE Adopt the 2019 Board of Supervisors' Meeting Schedule. In Addition, authorize the Clerk of the Board to make edits or changes, as required by scheduling conflicts or modifications, to the meeting schedule as necessary throughout the year. Additional meetings will be posted separately by the Clerk of the Board in compliance with the Open Meeting Law. (C-06-19-187-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 07, 2018 Page 50 of 68 Industrial Development Authority - Autoridad para el Desarrollo Industrial 51. ADOPT A RESOLUTION APPROVING THE ISSUANCE OF BONDS FOR THE BENEFIT OF LAKEWOOD APARTMENTS LLC Adopt a Resolution to approve the proceedings of The Industrial Development Authority of the County of Maricopa for the issuance of its Multifamily Housing Revenue Bonds (Village at Lakewood Apartments Project), Series 2018 in one or more tax-exempt and/or taxable series in an aggregate principal amount not to exceed $40,000,000. (C-94-19-006-4-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ ~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix, amenos que de otromodo notado~ Clerk of the Board - Secretaria de la Junta 52. SETTING OF HEARING FOR THE PROPOSED VENTURA MANOR IRRIGATION WATER DELIVERY DISTRICT IMPACT STATEMENT 1. Pursuant to A.R.S. § 48-261 and § 48-263, set a hearing date to receive the impact statement for the proposed Ventura Manor Irrigation Water Delivery District. The hearing date is set for Wednesday, December 12, 2018 at 9:30 a.m., 205 W. Jefferson, Phoenix, AZ 85003. 2. Pursuant to A.R.S. § 48-261(C), approve a bond in the amount of $250 to be filed with the Board by the persons proposing the district to cover cost incurred by the County if the district is not organized. The Clerk of the Board of Supervisors shall post a notice of the hearing in at least three conspicuous public places in the area of the proposed district and shall publish a notice twice in a daily newspaper at least ten days before the hearing. A notice of hearing will be sent to each property owner within the proposed district boundaries. At the hearing on December 12, 2018, the Board will hear those who appear for and against the proposed district and shall determine whether the district will promote public health, comfort, convenience, necessity, or welfare. If the Board of Supervisors determines that the public health, comfort, convenience, necessity, or welfare will be promoted, it shall approve the impact statement and authorize the persons proposing the district to circulate petitions within the following proposed boundaries of the district: Lots 1 through 48 of VENTURA MANOR, a Subdivision of the Northwest Quarter of the Southwest Quarter of Section 31, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 30 of Maps, Page 43. (Supervisorial District 3) (C-06-19-157-M-00) Formal Meeting Minutes Wednesday, November 07, 2018 Page 51 of 68 Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 53. PUBLIC SERVICE FRANCHISE - LIBERTY UTILITIES (LITCHFIELD PARK WATER & SEWER) CORP. - RUSSELL RANCH SOUTH EXPANSION Pursuant to A.R.S. §40-283, set a public hearing for Wednesday, December 12, 2018, to solicit comments and consider the application by Liberty Utilities (Litchfield Park Water & Sewer) Corp., for a public service franchise to provide waste water utility services to the residents of Russell Ranch South residing in Maricopa County. The hearing will also consider whether the applicant is able to adequately maintain facilities in county rights-of- way. (Supervisory District No. 4). (C-06-19-169-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 54. PUBLIC SERVICE FRANCHISE - LIBERTY UTILITIES (LITCHFIELD PARK WATER & SEWER) CORP. – LUKE LANDING & LUKE LAND 58 Pursuant to A.R.S. §40-283, set a public hearing for Wednesday, December 12, 2018, to solicit comments and consider the application by Liberty Utilities (Litchfield Park Water & Sewer) Corp., for a public service franchise to provide domestic water and waste water utility services to the residents of Luke Landing & Luke Land 58 residing in Maricopa County. The hearing will also consider whether the applicant is able to adequately maintain facilities in county rights-of-way. (Supervisory District No. 4). (C-06-19-170-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 55. PUBLIC SERVICE FRANCHISE – EPCOR WATER ARIZONA INC. Pursuant to A.R.S. §40-283, set a public hearing for Wednesday, December 12, 2018, to solicit comments and consider the application by EPCOR Water Arizona Inc., for a public service franchise to provide domestic water and waste water utility services to the residents of Anthem, Sun City Tierra Del Rio, NE Agua Fria, Sun City, Sun City West, Agua Fria, Luke 303 Wastewater, Russell Ranch, Verrado, Chaparral and Paradise Valley, residing in Maricopa County. The hearing will also consider whether the applicant is able to adequately maintain facilities in county rights-of-way. (Supervisory District Nos. 2, 3, 4). (C- 06-19-171-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 56. DEANNEXATION FROM TOWN OF GILBERT AND ANNEXATION TO CITY OF CHANDLER Formal Meeting Minutes Wednesday, November 07, 2018 Page 52 of 68 Pursuant to A.R.S. § 9-471.02, schedule a public hearing for Wednesday, December 12, 2018, at the Board of Supervisors' Auditorium, 205 W. Jefferson regarding ordinances filed to de-annex approximately 4.2518 acres of Cooper Road right-of-way, generally located between Knox Road and Galveston Street from the Town of Gilbert (Ordinance No. 2656) and annex same to the City of Chandler (Ordinance No. 4822). (Supervisorial District 1). (C-06-19-172-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 57. DEANNEXATION FROM TOWN OF GILBERT AND ANNEXATION TO TOWN OF QUEEN CREEK Pursuant to A.R.S. § 9-471.02, schedule a public hearing for Wednesday, December 12, 2018, at the Board of Supervisors' Auditorium, 205 W. Jefferson regarding ordinances filed to de-annex a 0.1633 acre parcel located at Ocotillo Road and Power Road from the Town of Gilbert (Ordinance No. 2626) and annex same to the Town of Queen Creek (Ordinance No. 671-18). (Supervisorial District 1). (C-06-19-186-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Planning and Development - Planificación y Desarrollo 58. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the November 28, 2018 Board Meeting: (C-44-19-047-M-00) DMP2018006 – Desert Whisper – Mod of Conditions – Dist. 5 Z2018086 – Arrington Billboard – Major Amendment – Dist. 2 Z2018063 – Superstition Manor – Major SUP Amendment – Dist. 2 Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation – Transportación 59. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0076 Set a hearing for January 16, 2019 for Road File No. PAB-0076 to consider the request to abandon a portion of a Federal Patent Easement Number #1201803 lying in the Northwest quarter of Section 5 – T5N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of Cloud Road and Central Avenue, and known as Assessor Parcel 211-53-052A. 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 Formal Meeting Minutes Wednesday, November 07, 2018 Page 53 of 68 days prior to the hearing date. Supervisory District No. 3 (C-64-19-068-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Parks and Recreation 60. ARIZONA PUBLIC SERVICE COMPANY UTILITY EASEMENT AT BUCKEYE HILLS REGIONAL PARK Set a hearing for December 12, 2018, to solicit comments and consider the approval to grant a non-exclusive utility easement, without a public auction pursuant to A.R.S. 11-251 (9), to Arizona Public Service Company (APS), and its successors and assigns, in, upon, over, under, through and across portions of the County’s properties known as APN, 401- 04-034, 401-04-038, 401-04-033, 401-90-007, 401-90-008, 401-90-009, 401-90-010, 401- 90-001, 401-90-002, 401-90-005, 401-90-011; and AUTHORIZE the Chairman of the Board to execute all necessary documents approved by Counsel to grant such easement. This item is located in Supervisorial District 5. This easement is necessary to provide electric service to Buckeye Hills Regional Park and will energize the General Joe Foss Public Shooting Range as well as the Maricopa County Sheriff’s Office Training Range and related water utilities. This easement will grant APS the right to construct, reconstruct, replace, repair, operate, and maintain electrical lines for the transmission and distribution of electricity (and for all other purposes connected therewith). In adherence with the Maricopa County Park Land Disposal Policy and Procedure (Policy A2610), public hearings were held on October 8, 2018, and October 16, 2018. No public comments were received. In addition, this utility easement provides electricity for the benefit and support of park lands, therefore there is no compensation received from APS. The Parks and Recreation Advisory Commission at their October 16, 2018, regular meeting voted unanimously to recommend the easement be set for a public hearing and be subsequently approved by the Board of Supervisors. (C-30-19-007-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 61. COST PER FELONY CASE ANNUAL REPORT Pursuant to A.R.S. §11-584(B)(2), receive the cost per felony case annual report as Formal Meeting Minutes Wednesday, November 07, 2018 Page 54 of 68 submitted by the Office of the Legal Advocate; Office of the Legal Defender, Office of the Public Defender of Maricopa County. (C-06-19-155-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 62. CIVIL PENALTY APPEALS – FOR APPROVAL Pursuant to A.R.S. §42-12052, for property owners who satisfied the requirements of primary residence status: 1. Approve property owners' appeals of a civil penalty assessment, direct the Assessor to reclassify the subject properties to class three, and waive the civil penalty. 2. Approve the related resolutions associated with changing the legal classification to class 3 (owner occupied) pursuant to A.S.R. §42-12003 and apply State Aid Credit, if applicable. 3. Direct the Treasurer to make conforming corrections to the property owners’ tax bills and send notifications of the change in tax liability. List of recommended parcels is attached and will be on file in the Clerk of the Board's Office in accordance with LAPR approved retention schedule. (C-06-19-167-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 63. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF TRUSTEES FOR RANCHOS JARDINES IWDD NO. 34 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Ranchos Jardines IWDD No. 34: 1. Cancel the election scheduled to be held on November 21, 2018; 2. Appoint Darren Farar, Dan Davis and Aaron Kutchinsky as Trustees to fill the expired terms. The appointed Trustees shall serve a two year term effective January 1, 2019 through December 31, 2020, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial District 1). (C-06-19-153-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 64. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF DIRECTORS FOR ELECTRICAL DISTRICT NO. 8 Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16- 410(A) and the letter received from Electrical District No. 8 1. Cancel the election scheduled to be held on January 12, 2019; 2. Appoint Marvin John, Division 4; C. W. Adams, Division 7; and Denton Ross, Division 10 as Directors to fill the expired terms. The appointed Directors shall serve three year terms commencing January 12, 2019 Formal Meeting Minutes Wednesday, November 07, 2018 Page 55 of 68 through January 11, 2022 OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial Districts 4 & 5). (C-06-19-163-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 65. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF TRUSTEES FOR SUMMER MESA IWDD NO. 50 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Summer Mesa IWDD No. 50: 1. Cancel the election scheduled to be held on November 21, 2018; 2. Appoint Scott Grainger, Jon Hanna and Bob Knicely as Trustees to fill the expired terms. The appointed Trustees shall serve a two year term effective January 1, 2019 through December 31, 2020, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial District 2). (C-06-19-178-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 66. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF TRUSTEES FOR LONG MANOR IWDD NO. 52 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16-410(A) and the letter received from Long Manor IWDD No. 52: 1. Cancel the election scheduled to be held on November 21, 2018; 2. Appoint Beverly Cassata, Carol Stotko and Anna Herbert as Trustees to fill the expired terms. The appointed Trustees shall serve a two year term effective January 1, 2019 through December 31, 2020, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial District 3). (C-06-19-189-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 67. CHECK ENFORCEMENT FUND QUARTERLY REPORT In accordance with A.R.S. §13-1811(F) County Bad Check Trust Fund, receive the quarterly financial report from the County Attorney of all revenues and expenditures from the Check Enforcement Fund for the periods of July 2018 through September 2018. Report is on file in the Clerk of the Board’s office and retained in accordance with ASLAPR approved retention schedule. (C-06-19-182-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 68. DONATIONS Formal Meeting Minutes Wednesday, November 07, 2018 Page 56 of 68 In accordance with County Policy A2805, accept the monthly donation reports received from Maricopa County Sheriff's Office for August 2018 and September 2018, for a Cash Value of $1,403 and non-cash value of $3,692.58. (C-06-19-149-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 69. DUPLICATE WARRANTS Pursuant to A.R.S §11-632, approve and ratify the issuance of duplicate warrants to replace county warrants and school warrants which were either lost or stolen. Necessary affidavits have been filed with the Board. (C-06-19-176-7-00) Name Warrant No Amount Dept/School Marcial Rodriguez 22607463 427.01 Court Security Manuel Murillo 3700080091 461.75 Agua Fria Union Center for Teacher Effectiveness 3700078151 6050.00 Union Elementary Caruso Turley Scott Inc 3010009472 2985.00 Facilities Shadowman Sports 3700076252 3099.16 Agua Fria Union Nutri-Link Technologies, Inc. 3700061267 1785.00 Litchfield Elementary Apple Computer, Inc. 3700089441 675.53 Avondale Elementary Samantha Price 22607493 712.12 Elections Ashley Johanneck 22607427 852.88 Central Services Bethany Sollenberger 380017108 247.50 County Attorney Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 70. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held November 8, 2017; December 13, 2017; June 13, 2018; September 11, 2018; October 17, 2018; and October 24, 2018. (C-06-19-168-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 71. SECURED/UNSECURED TAX ROLL CORRECTIONS Pursuant to A.R.S. §§42-15155, 16002, 16215, 16258, and 19118, approve requests from the Assessor for corrections of the Secured Tax Rolls Resolutions, as attached and on file in the Clerk of the Board's office in accordance with LAPR retention guidelines. This reflects actual tax dollar corrections to the County tax rolls due to administrative corrections of the Assessor and as a result of property tax appeals. (C-06-19-183-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 72. STALE DATED WARRANTS Pursuant to A.R.S. §11-644 the Board of Supervisors finds that claims presented, are Formal Meeting Minutes Wednesday, November 07, 2018 Page 57 of 68 legitimate and that claimants have demonstrated good and sufficient reason for failure to present the original check or warrant within the allotted time. Accordingly, the claims are allowed. (C-06-19-177-7-00) Name Warrant No Amount Dept/School Canyon Paint & Supply Co 380005369 3564.00 County Attorney Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 73. 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-06-19-188-7-00) 2018: ST2018-000425; TX2018-000752; 2018/2019: TX2017-000841; 2019: ST2018-000004; ST2018-000121; ST2018-000572 Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 74. TREASURER'S COLLECTIONS AND INVESTMENT SUMMARY FOR JULY 2018 Pursuant to A.R.S. § 11-501, accept the Treasurer's Statement of Collections and Investment reports for July 2018, as on file in the Clerk of the Board's Office and retained in accordance with Arizona State Library Archives and Public Record (ASLAPR) approved retention schedule. (C-43-19-013-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 75. TAX ABATEMENT 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-43-19-014-M- 00) 983-11-105 2014 $533.63 Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES ~ Supervisor Gates left the meeting ~ County Attorney A-1. MOON VALLEY COUNTRY CLUB, INC. AND MVCC ACQUISITION, INC. V. MARICOPA COUNTY TX2016-001252 Formal Meeting Minutes Wednesday, November 07, 2018 Page 58 of 68 Accept the plaintiff’s Offer of Judgment for the 2017 tax year in TX2016-001252 to accept an aggregate 2017 full cash value of $3,100,000 for parcels 208-27-341B, 208-27-348B, 208-27-340 and 208-27-283A, all as outlined in the Plaintiff’s Offer of Judgment dated October 12, 2018.” This item was discussed in Executive Session on November 5, 2018. (C-19-19-023-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Hickman, Gallardo Recused: Gates ~ Supervisor Gates returned to the meeting ~ A-2. APPROPRIATION ADJUSTMENT FOR COUNTY ATTORNEY SPECIAL REVENUE FUND Pursuant to A.R.S. $42-17106(B), approve the following transfer of expenditure authority within the FY 2019 Budget: 1) Increase the expenditure authority in the County Attorney (D190) RICO (213) Non- Recurring, Non-Project (NRNP) budget by $78,000 for Investigations Costs - Evidence Acquisition. 2) Increase the expenditure authority in the County Attorney (D190) RICO (213) Non- Recurring, Non-Project (NRNP) budget by $12,500 for Other Capital Expenditures - Electronics. 3) Increase the expenditure authority in the County Attorney (D190) RICO (213) Non- Recurring, Non-Project (NRNP) budget by $39,000 for Training and Conferences. 4) Decrease the expenditure authority for the Non Departmental (D470) Non Departmental Grants Fund (249) Non Recurring Non Project (NRNP) by $129,500. The County Attorney has identified several initiatives that will enhance the public’s safety. These projects are of a one-time nature and will be resolved by the end of the 2018-2019 fiscal year. The County Attorney proposes to utilize $129,500 in existing fund balance of the County Attorney (190) RICO (213) fund. These actions will have a County-wide net impact of zero and they do not alter the budget constraining the expenditure of local revenue duly adopted by the Board pursuant to A.R.S. §42-17105. This expenditure appropriation budget increase will allow the County Attorney to utilize accumulated fund balance to respond to the extraordinary needs of the organization that directly impact public safety and expend such non-recurring funds for programs and services of limited terms and duration. (C-19-19-022-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Risk Management A-3. RUSSELL WALKER, ET AL VS. SHERIFF PAUL PENZONE, CV15-00226-PHX-SPL Approve the Settlement in the amount of $1,437,500 between Maricopa County and Formal Meeting Minutes Wednesday, November 07, 2018 Page 59 of 68 Plaintiff(s), in Russell Walker, et al vs. Maricopa County, concerning US District Court No., C 15-00226-PHX-SPL. Authorize the Chairman to sign any necessary documents upon review and approval as to form by assigned legal counsel. This item was discussed in Executive Session on November 5, 2018. (C-75-19-006-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo A-4. SNYDER VS MARICOPA COUNTY, ET AL, CV16-01929-PHX-SRB(BSB) Approve the Settlement in the amount of $475,000 between Maricopa County and Plaintiff(s), in Snyder, et al vs. Maricopa County, concerning State of Arizona Superior Court, CV16-01929-PHX-SRB(BSB). Authorize the Chairman to sign any necessary documents upon review and approval as to form by assigned legal counsel. This item was discussed in Executive Session on November 5, 2018. (C-75-19-007-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo 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 76. Public comment on matters pertaining to Maricopa County government. Please limit comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board members may not discuss matters raised under this public comment portion of the meeting; however, an individual Board member may respond to criticism made by those who have addressed the Board, ask staff to review an issue raised or may ask that the matter be placed on a future agenda. (Public comment is at the discretion of the Chairman.) Comentarios del público sobre las materias relacionadas con el gobierno del Condado de Maricopa. Por favor límite comentarios a dos minutos. Tenga en cuenta que de conformidad con el Derecho de Reunión Abierta de Arizona, miembros de la Junta no podrán abordar las cuestiones planteadas en esta parte de comentario público de la reunión, sin embargo, un miembro de la Junta individuo puede responder a las críticas de 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 speakers present for this meeting. 77. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Gallardo commented that the 2018 elections are partially over. There was a record number of people participating not only in Maricopa County but across the state. Formal Meeting Minutes Wednesday, November 07, 2018 Page 60 of 68 He said he cannot wait to see what the final outcomes will be and noted the Elections Department is working hard to get the results out. Supervisor Hickman thanked the Elections Department employees and the County volunteers who helped out throughout the day as well as our citizens who gave up a day in their life to defend democracy. Supervisor Gates recognized Andrea Cummings who was called to duty on behalf of the Board of Supervisors to court last night. He thanked Joy Rich and everybody who came out for the first annual Maricopa County 5K run at the Durango Campus. He commented that he did not come in first place. He thanked everyone on staff who will be at the New River area plan meeting tonight. He looks forward to hearing from the residents in New River and to get their thoughts on what they want that area to look like in the future. Supervisor Barney thanked the thousands of poll workers who gave a long day of time that enabled everyone else to vote, which is a sacred privilege. The reality is there is still a lot of work to be done concerning elections. Chairman Chucri focused his comments on veterans and them being unsung heroes. He said he is very grateful for the Human Services Campus and what is done for those who can't help themselves. He thanked Fields Moseley, Communications Director, and his team for the Veterans Ceremony this morning. He thanked the veterans in the audience for their service to our country. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, November 07, 2018 Page 61 of 68 BOARD OF DEPOSIT - JUNTA DE DEPÓSITO The Board of Directors of Maricopa County Board of Deposit, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, November 7, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. BD-1. 2019 MEETING SCHEDULE Adopt the 2019 Board of Supervisors' Meeting Schedule. In Addition, authorize the Clerk of the Board to make edits or changes, as required by scheduling conflicts or modifications, to the meeting schedule as necessary throughout the year. Additional meetings will be posted separately by the Clerk of the Board in compliance with the Open Meeting Law. (C-06-19-187-M-00) Motion to approve by Director Gates, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, November 07, 2018 Page 62 of 68 IMPROVEMENT DISTRICTS AGENDA AGENDA DE DISTRITO DE MEJORAMIENTO The Board of Directors of Maricopa County Improvement Districts, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, November 7, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. I-1. 2019 MEETING SCHEDULE Adopt the 2019 Board of Directors' Meeting Schedule. In Addition, authorize the Clerk of the Board to make edits or changes, as required by scheduling conflicts or modifications, to the meeting schedule as necessary throughout the year. Additional meetings will be posted separately by the Clerk of the Board in compliance with the Open Meeting Law. (C-06-19-187-M-00) Motion to approve by Director Barney, seconded by Director Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, November 07, 2018 Page 63 of 68 FLOOD CONTROL DISTRICT AGENDA AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES The Board of Directors of the Flood Control District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, November 7, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. F-1. AMENDMENT TO INVITATION FOR BIDS - SIDE INLET PIPES REHABILITATION, NEW RIVER LEVEES, OLIVE AVENUE TO GRAND AVENUE Authorize an amendment to re-advertise the Invitation for Bids (IFB) for a new Contract FCD 2018C027 (formerly FCD 2018C009) for (Project), Side Inlet Pipes Rehabilitation, New River Levees, Olive Avenue to Grand Avenue Project and award of the contract to the lowest, responsible bidder, if the bid is not more than ten percent (10%) over the engineer’s estimate. This project was previously advertised on July 6, 2018. Due to the bids exceeding the engineers estimate by more than 10% the first solicitation effort was cancelled. This Agenda Item impacts Supervisor District 4. (C-69-18-039-5-01) Motion to approve by Director Gates, seconded by Director Hickman Supervisor Gates expressed his thanks to the Flood Control District for their work during the third wettest month in Arizona history. Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-2. IGA WITH THE UNITED STATES GEOLOGICAL SURVEY FOR WATER RESOURCES INVESTIGATIONS Approve Intergovernmental Agreement (IGA) FCD 2018A015, between the United States Geological Survey [Agreement #19ZFJFA1100 (USGS)] and the Flood Control District of Maricopa County (District), for the period of October 1, 2018 to September 30, 2019, for collection of stream flow data on local watersheds throughout Maricopa County. The total cost of the IGA is $355,360. The District’s costs under this agreement will be $209,580, with the USGS contributing the remaining $145,780. Payments from the District are to be made quarterly. The agreement covers costs associated with the maintenance, collection, and publication of stream flow data and river reach characteristics at nine continuous stream flow monitoring stations and 22 peak flow monitoring sites throughout Maricopa County. This agreement further will develop and evaluate long term flood histories on watercourses in Maricopa County, and provide information critical to the determination of the risk of flooding in these watercourses. The information generated by the USGS’s ongoing work is vital to the safety of Maricopa County residents, and to the continuing hydrologic studies performed by the District. This agenda item impacts all Supervisorial Districts. (C-69-19-007-3-00) Motion to approve by Director Gates, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-3. MINUTES Formal Meeting Minutes Wednesday, November 07, 2018 Page 64 of 68 Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meetings held November 8, 2017; December 13, 2017; and June 13, 2018. (C-06- 19-173-7-00) Motion to approve by Director Gates, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-4. REAPPOINTMENT TO THE FLOOD CONTROL DISTRICT CITIZENS' ADVISORY BOARD Approve the official reappointment of Gregg Monger to the Flood Control District Citizens' Advisory Board, representing Supervisorial District 2. The term of reappointment will be effective November 16, 2018 through November 15, 2023. (C-06-19-160-7-00) Motion to approve by Director Gates, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-5. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements and right-of-way acquisition documents, appraisal and relocation assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements, excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood Control purposes. A. Hidden Valley Basins – TD Project #: 117.01.31 – FCD Item #: F00365 – APN: 300-81-018B – Right of Entry Agreement for Flood Control Purposes – from Jack John McNamara and Hope Alice McNamara to the Flood Control District of Maricopa County for the sum of $500.00. (C-06- 19-191-7-00) Motion to approve by Director Gates, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-6. 2019 MEETING SCHEDULE Adopt the 2019 Board of Directors' Meeting Schedule. In Addition, authorize the Clerk of the Board to make edits or changes, as required by scheduling conflicts or modifications, to the meeting schedule as necessary throughout the year. Additional meetings will be posted separately by the Clerk of the Board in compliance with the Open Meeting Law. (C-06-19-187-M-00) Motion to approve by Director Gates, 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. Formal Meeting Minutes Wednesday, November 07, 2018 Page 65 of 68 ______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, November 07, 2018 Page 66 of 68 LIBRARY DISTRICT AGENDA AGENDA DEL DISTRITO DE BIBLIOTECA The Board of Directors of Maricopa County Library District, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, November 7, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. L-1. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District meetings held December 13, 2017 and June 13, 2018. (C-06-19-174-7-00) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo L-2. 2019 MEETING SCHEDULE Adopt the 2019 Board of Directors' Meeting Schedule. In Addition, authorize the Clerk of the Board to make edits or changes, as required by scheduling conflicts or modifications, to the meeting schedule as necessary throughout the year. Additional meetings will be posted separately by the Clerk of the Board in compliance with the Open Meeting Law. (C-06-19-187-M-00) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, November 07, 2018 Page 67 of 68 STADIUM DISTRICT AGENDA AGENDA DEL DISTRITO DE ESTADIO The Board of Directors of Maricopa County Stadium District, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, November 7, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Official Record Keeper; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. S-1. COMPREHENSIVE ANNUAL FINANCIAL REPORT Accept the Comprehensive Annual Financial Report of the Maricopa County Stadium District which includes an independent Auditor’s Report for the fiscal year ended June 30, 2018 prepared by Clifton Larson Allen, LLP and pursuant to A.R.S. §48-4231(D), file a certified copy with the State Auditor General. (C-06-19-156-7-00) Motion to approve by Director Gates, seconded by Director Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo S-2. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Stadium District meetings held December 13, 2017 and June 13, 2018. (C-06-19-175-7-00) Motion to approve by Director Gates, seconded by Director Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo S-3. RECEIVE QUARTERLY REPORT FROM AZPB LIMITED PARTNERSHIP Pursuant to paragraph 13 of the Binding MOU between the Maricopa County Stadium District and AZPB Limited Partnership, receive the quarterly report from AZPB Limited Partnership regarding disbursements from the Chase Field Reserve Account covering the period of July 1, 2018 to September 30, 2018. (C-06-19-179-M-00) Motion to approve by Director Gates, seconded by Director Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo S-4. LEGAL SERVICES STADIUM DISTRICT (171162-CI) Authorize and approve a three (3) year renewal of the Competition Impracticable Contract(s) (171162-SS) with the following firms; Gammage & Burnham and Williams & Lopatto, PLLC for legal services for the Maricopa County Stadium District from January 11, 2019 to January 10, 2022 and increase the expenditure authorization by $200,000 from $1,010,000 to $1,210,000. (C-73-17-023-3-02) Motion to approve by Director Gates, seconded by Director Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo S-5. 2019 MEETING SCHEDULE Adopt the 2019 Board of Directors' Meeting Schedule. Formal Meeting Minutes Wednesday, November 07, 2018 Page 68 of 68 In Addition, authorize the Clerk of the Board to make edits or changes, as required by scheduling conflicts or modifications, to the meeting schedule as necessary throughout the year. Additional meetings will be posted separately by the Clerk of the Board in compliance with the Open Meeting Law. (C-06-19-187-M-00) Motion to approve by Director Gates, seconded by Director Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Steve Chucri, Chairman of the Board ATTEST: _______________________________ Fran McCarroll, Official Record Keeper