Extracted text (via pymupdf_layout)
117548 characters
Board Members Denny Barney, Chairman, District 1 Steve Chucri, Vice Chairman, District 2 Bill Gates, District 3 Clint Hickman Steve Chucri, District 4 Steve Gallardo, District 5 County Manager Joy Rich "The mission of Maricopa County is to Clerk of the Board provide regional leadership and fiscally Fran McCarroll responsible, necessary public services to Meeting Location its residents so they can enjoy living in Supervisors' Auditorium healthy and safe communities” 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control District 43 Library District No Meeting Stadium District No Meeting Board of Deposit No Meeting Wednesday, November 08, 2017 9:30 AM Formal Meeting Minutes Wednesday, November 08, 2017 Page 2 of 47 1. VETERANS DAY CELEBRATION Fields Moseley, Communications Director, noted there are more than 1,300 County Veteran and Reservist employees. There are more than half a million veterans living in Arizona. He asked the audience to stand for the Presentation of the Colors. Presentation of the Colors was performed by Maricopa County Sheriff’s Office Honor Guard. National Anthem was sung by Michael Rubino of Human Resources Department. a. INVOCATION - INVOCACIÓN Invocation was offered by Marine Corp Veteran, Matt McClymonds of Office of Enterprise Technology Department. b. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Pledge of Allegiance was offered by Lt. George Acritelli of Maricopa County Sheriff’s Office and his son. America the Beautiful was played on bagpipes by Len Wood, piping instructor at the Phoenix Irish Cultural Center. Mr. Moseley asked all Veterans in attendance to stand to be acknowledged. He introduced the elected officials present and invited Chairman Barney to give opening comments. Chairman Barney offered his gratitude to all Veterans and noted the following: Approximately 275,000 veterans in Maricopa County More than 1,300 veterans and reservists work for Maricopa County Every year on Veterans Day, our parks hold a Military Service Appreciation Day and waive fees for Veterans at our county parks – I hope some of the vets in the audience today will take advantage of this on Saturday Not every veteran receives a warm welcome home – The county is committed to helping all of our veterans build a life at home Maricopa County is involved in numerous programs to get veterans assistance if they need it, including workforce reentry through Arizona at Work Office and funding of other reentry efforts through our Industrial Development Authority. Some other examples of areas where the County focuses efforts and resources: Justice System – the Maricopa County Veterans Court is an interagency, collaborative effort focused on veterans in the criminal justice system. Housing Assistance - Veterans participating in the Maricopa County Home in Five program receive an extra 1% on the down payment and closing costs for a home. Formal Meeting Minutes Wednesday, November 08, 2017 Page 3 of 47 Numerous County departments participate every year in the StandDown event at Veterans Memorial Coliseum working with veterans to complete community service and get their driver’s licenses, providing employment assistance, etc. Employment – The County is a designated Arizona Veteran Supportive Employer by the Arizona Department of Veterans’ Services and the Arizona Coalition for Military Families. We work to connect service members, veterans and their family members to employment, training, and resources. “Navigators” throughout the County are trained and available to assist our veterans. c. KEYNOTE SPEAKER: Maj. Gen. Michael T. McGuire, Director of the Department of Emergency and Military Affairs Mr. Moseley introduced the keynote speaker Major General Michael T. McGuire, Director of the Arizona Department of Emergency and Military Affairs and Adjutant General for Arizona. He manages the day-to-day activities of Arizona’s Army and Air National Guard, joint programs and the Division of Emergency Management. Prior to assuming his current duties, he served as the 162nd Fighter Wing Commander. Maj. Gen. Michael T. McGuire is a Fighter Weapons School Graduate and a Command Pilot with more than 4,000 flying hours, 250 combat and combat-support flying hours. He received his Commission from the United States Air Force Academy. Major General Michael T. McGuire addressed the assemblage. Amazing Grace was played on bagpipes by Len Wood. Mr. Moseley thanked the key speakers and everyone in attendance. He closed the event by thanking all Veterans for their service and asked that everyone reflect on Veterans Day as a celebratory day to remember all Veterans. Retiring of the Colors was performed by Maricopa County Sheriff’s Office Honor Guard. 2. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, November 08, 2017, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2 (via phone); Bill Gates, District 3; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Debra Schaffer, Deputy Clerk of the Board; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES 3. 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 Prince, an eight-week-old Chihuahua. He will be available for adoption in the next week at the West Shelter, 2500 W. 27th Ave., Phoenix, AZ 85009. Mr. Santiago noted that a recent plea to the general public on the overcrowding of the shelter resulted with 521 animals being adopted. For more information contact 602-506-7387 or visit www.pets.maricopa.gov. Formal Meeting Minutes Wednesday, November 08, 2017 Page 4 of 47 Chairman Barney thanked Mr. Santiago and stated that the Board is very pleased with the progress that MCACC continues to make. NOTE: Agenda item #9 was taken out of order and heard before agenda item #PZ-1. Elections - Elecciones 9. IGA WITH ARIZONA SECRETARY OF STATE FOR COSTS RELATED TO MEMBERSHIP IN THE ELECTRONIC REGISTRATION INFORMATION CENTER Approve an intergovernmental agreement (IGA) between Maricopa County and the Secretary of State to secure the State’s membership in the Electronic Registration Information Center (ERIC). ERIC is a multistate partnership that uses a sophisticated and secure data-matching tools to improve the accuracy and efficiency of state voter registration systems. Through participation in ERIC, the Secretary of State and County Recorders can compare official data on eligible voters—such as voter and motor vehicle registrations, U.S. Postal Service addresses, and Social Security death records—to keep voter rolls more complete and up to date in accordance with their duties under the National Voter Registration Act of 1993 (“NVRA”). ERIC will provide the State and Counties with (1) data on individuals who are eligible, but not registered to vote, which will be used for targeted mailings, and (2) voter registration list maintenance reports regarding in-state and out-of-state movers, duplicate registrations, voters who are deceased, and National Change of Address information. This IGA will commence on the date of execution and will continue until terminated. Maricopa County will pay the one time membership fee for ERIC in the amount of $25,000; prorated annual dues in an amount not to exceed $20,000 for FY 2017-2018; and annual dues in an amount not to exceed $30,000 for each year thereafter. (C-36-18-003-3-00) Chairman Barney recognized the presence and noted his appreciation to the following elected officials: Michele Reagan, Secretary of State and Adrian Fontes, County Recorder. Wesley Harris, resident, stated he is a member of the Republican Party (GOP) At-Large. As a Precinct Committeeman, he is familiar with the election process and voter role. He stated his concern that the County is going to pay for services that the County already utilizes and it seems to work fine. He stated there are two systems already available and asked why the County is paying for another service when it is not needed. He questioned the proposed system functions. Chairman Barney asked if the Board had any questions and there were none. Motion to approve by Supervisor Gallardo. Supervisor Gallardo stated that it is important for the County to keep election technology up-to-date. This is a great opportunity for the State and County to work together to ensure best practices are available to the public. He commended Secretary of State Michele Reagan and County Recorder Adrian Fontes. Motion seconded by Supervisor Hickman. Supervisor Hickman spoke regarding the large population of Maricopa County and the Elections Department needs a fully functioning system. He noted that the County and State are working together to make the elections better. Formal Meeting Minutes Wednesday, November 08, 2017 Page 5 of 47 Ayes: Barney, Chucri, Gates, Hickman, Gallardo Chairman Barney thanked Secretary Reagan for working collaboratively with the County on this issue. 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. FAIRHAVEN RV PARK Case #: Z2017049 Supervisor District: 4 Applicant/Owners: Watson Civil Engineering, LLC / Antonio Birrueta Request: Special Use Permit (SUP) to renovate an existing RV Park in the Rural-43 zoning district Site Location: Generally located at the southeast corner of 523rd Ave and Hwy 60 in the Aguila area Commission Recommendation: On 10/5/17, the Commission voted 6-0 to recommend approval of Z2017049 subject to conditions ‘a’ – ‘k’: a. Development of the site shall comply with the Site Plan entitled “Fairhaven RV Park”, consisting of 3 full-size sheets, stamped received August 1, 2017, except as modified by the following conditions. However, within 30 days of Board of Supervisors approval the applicant shall submit a revised Site Plan indicating the roadways within the RV Park as gravel, to be consistent with the Narrative Report. b. Development of the site shall be in conformance with the Narrative Report entitled “Fairhaven RV Park”, consisting of 8 pages, stamped received September 21, 2017, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. This Special Use Permit shall expire November 8, 2037, upon inactivity of the use for a period of 90 or more consecutive days, 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. e. The applicant/owner shall submit a written report outlining the status of the development at the end of 5 years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. Formal Meeting Minutes Wednesday, November 08, 2017 Page 6 of 47 f. The following Planning Engineering Conditions shall apply: 1. Required retention volume for the 100 year, 2 hour storm event shall be provided for any new improvements within the SUP area. 2. For any improvements to any existing buildings, structure valuation calculations and improvement cost estimates shall be submitted at time of permitting to establish if the 50% substantial improvement threshold has been reached. 3. Floodplain Use Permits shall be applied for with any development of this property. Development to be in accordance with the Floodplain Regulations for Maricopa County. 4. The operation of this site as an RV Park within a FEMA SFHA shall comply with requirements of Section 601 of the Floodplain Regulations for Maricopa County. g. The following MCESD Conditions shall apply: 1. Contact - ONSITE WASTEWATER PROGRAM 602-506-0372 and obtain appropriate permits and approvals. 2. Submit an application with engineered plans for the RV Park and the water and sewer services supporting it must be submitted under application and fee and approved. 3. Once the water and sewer facilities have been approved for the RV park, then Submit application for the operating permit (from MCESD, this is separate from the SUP that you need to get from the Planning Department) must be submitted and approved. h. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by the Planning and Zoning Commission. Minor changes may be administratively approved by the Planning and Development Department. i. Non-compliance with the Special Use Permit (the site plan and narrative report) or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. j. Non-compliance 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. k. 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-44-18-031-M-00) Planning and Development Staff approached to answer questions or concerns regarding item PZ-1 and PZ-2. Chairman Barney asked the Board if there were any questions and there were none. Motion to concur with the Planning Commission’s recommendation for approval by Formal Meeting Minutes Wednesday, November 08, 2017 Page 7 of 47 Supervisor Hickman, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-2. PHO SHADOW RIDGE WCF Case #: Z2017067 Supervisor District: 4 Applicant/Owners: Shaw and Associates, PLC / Maricopa County Municipal Water Conservation District #1 Request: Special Use Permit (SUP) to construct an 80’ monopole Wireless Communication Facility (WCF) and related equipment in the R1-6 RUPD zoning district Site Location: Generally located approximately 0.5 mi. west of Perryville Rd and Peoria Ave. in the Waddell area. Commission Recommendation: On 10/5/17, the Commission voted 6-0 to recommend approval of Z2017067 subject to conditions ‘a’ – ‘i’: a. Development of the site shall comply with the Site Plan entitled “Verizon Pho Shadow Ridge HS”, consisting of 6 full-size sheets, stamped received August 25, 2017, except as modified by the following conditions. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised site plan showing the antenna array diameter for the WCF is 20’. b. Development of the site shall be in conformance with the Narrative Report entitled “Pho Shadow Ridge Wireless Communication Facility”, consisting of 8 pages, stamped received August 25, 2017, except as modified by the following conditions. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised narrative indicating the antenna array diameter of the WCF is 20’. c. The maximum height of the Wireless Communication Facility shall be limited to 80’, including all antennas/attachments, except for a lightning rod. d. A Minor SUP Amendment shall be required to co-locate future carriers on the Wireless Communication Facility. e. This Special Use Permit shall expire on November 8, 2037, upon inactivity of the use for a period of 90 or more consecutive days, 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. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by the Planning and Zoning Commission. Minor changes may be administratively approved by the Planning and Development Department. g. Non-compliance with the Special Use Permit (the site plan and narrative report) or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a Formal Meeting Minutes Wednesday, November 08, 2017 Page 8 of 47 revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, 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-44-18-030-M-00) Motion to concur with the Planning Commission’s recommendation for approval by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 4. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR This is the time scheduled for a public hearing on the applications for liquor licenses. At this hearing, the Board of Supervisors will determine the recommendation to the State Liquor Board as to whether the State Liquor Board should grant or deny the license. a. NEW LICENSE FOR THE REPLAY SPORTS GRILL Pursuant to A.R.S. § 4-201, approve an application filed by Brian Charles Benson for a New Series 12 Liquor License for The Replay Sports Grill at 3668 West Anthem Way Suite B132, Anthem, Arizona, Arizona 85086. (AZ 1207B169) (Supervisorial District 3) (C-06-18-112-L-00) Chairman Barney asked the Clerk if there were any registered speakers regarding items 4.a. through 4.j. and there were none. Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. NEW LICENSE FOR WESTERNER GROCERIES Pursuant to A.R.S. § 4-201, approve an application filed by Marisol Hernandez for a New Series 10 Liquor License for Westerner Groceries at 51321 West Highway 60, Aguila, Arizona 85320. (AZ 10076932) (Supervisorial District 4) (C-06-18-139-L-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 08, 2017 Page 9 of 47 c. ACQUISITION OF CONTROL FOR BASHAS #128 Pursuant to A.R.S. § 4-203(F), approve an application filed by Michael Joseph Basha for an Acquisition of Control for the Bashas #128 located at 13940 West Meeker Boulevard, Sun City West, Arizona 85378. (AZ 09070060) (Supervisorial District 4) (C-06-18-126-L-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo d. ACQUISITION OF CONTROL FOR BASHAS #130 Pursuant to A.R.S. § 4-203(F), approve an application filed by Michael Joseph Basha for an Acquisition of Control for the Bashas #130 located at 5115 North Dysart Road, Litchfield Park, AZ 85340. (AZ 09070374) (Supervisorial District 4) (C- 06-18-133-L-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo e. ACQUISITION OF CONTROL FOR BASHAS #43 Pursuant to A.R.S. § 4-203(F), approve an application filed by Michael Joseph Basha for an Acquisition of Control for the Bashas #43 located at 10325 East Riggs Road, Sun Lakes, Arizona 85248. (AZ 09070691) (Supervisorial District 1) (C-06- 18-134-L-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo f. PERSON TRANSFER FOR AGUILA'S HIDAWAY SALOON Pursuant to A.R.S. § 4-203, approve an application for a Person Transfer of a Series 6 Liquor License from Carolyn Victoria Diebol to Javier Jimenez Aguila for Aguila's Hidaway Saloon at 24202 West Highway 85, Buckeye, Arizona 85326. (AZ #06070332) (Supervisorial District 4) (C-06-18-136-L-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo g. 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 J. Wambach for Sun City West Tennis Club at 13800 West Deer Valley Drive, Sun City West, Arizona 85375 to be held on Sunday, February 11, 2018 from 5:00 pm to 8:00 pm (Supervisorial District 4) (C-06-18-168-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo h. SPECIAL EVENT LICENSE FOR MESA UNITED WAY Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by William R. James for Mesa United Way at 1548 Leisure World, Mesa, Formal Meeting Minutes Wednesday, November 08, 2017 Page 10 of 47 Arizona 85206 to be held on Thursday, November 9, 2017 from 7:00 am to 2:00 pm. (Supervisorial District 2) (C-06-18-178-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo i. SPECIAL EVENT LICENSE FOR GILBERT PROMOTIONAL CORPORATION Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Janette S. Melgaard for Gilbert Promotional Corporation at 26601 South Val Vista Drive, Gilbert, Arizona 85298 to be held on the following dates and times: (C- 06-18-179-L-00) Friday, November 10, 2017 from 5:00 pm to 9:00 pm Saturday, November 11, 2017 from 3:00 pm to 9:00 pm Sunday, November 12, 2017 from 12:00 pm to 5:00 pm. (Supervisorial District 1) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo j. SPECIAL EVENT LICENSE FOR THEATRE WEST Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Frances P. DeWell for Theatre West at 13800 West Deer Valley Drive, Sun City West, Arizona 85375 to be held on Tuesday, December 5, 2017 from 10:00 am to 2:00 pm. (Supervisorial District 4) (C-06-18-180-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation – Transportación 5. 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. A553 Convene a hearing for Road File No. A553 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. A553. 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 08, 2017 Page 11 of 47 (General Vicinity: MC85 Highway and Liberty School Road and in Unincorporated Maricopa County. Supervisory District No. 4) (C-64-18-042-M-01) Chairman Barney asked the Clerk if there were any registered speakers regarding items 5 and 6 and there were none. Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. ROAD FILE NO. A554 Convene a hearing for Road File No. A554 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. A554. 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: MC85 Highway and Liberty School Road and in Unincorporated Maricopa County. Supervisory District No. 4) (C-64-18-041-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo c. ROAD FILE NO. A555 Convene a hearing for Road File No. A555 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. A555. 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: Fremont Road and Jackrabbit Trail and in Unincorporated Maricopa County. Supervisory District No. 4) (C-64-18-040-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 6. RESOLUTION 2001-01, PERMITS TO WORK IN DEDICATED MARICOPA COUNTY RIGHT-OF-WAY Amend Resolution 2001-01, Permits to Work in Dedicated Maricopa County Right-of-Way, to comply with recently enacted Arizona House Bill 2365 (HB 2365). This amendment adds Exhibit C which provides the Schedule of Permit Fees and Rates related to small wireless structures and facilities as directed in HB 2365. Adoption of the proposed amendment is following the expedited Enhanced Regulatory Outreach Program and was recommended for adoption by the Transportation Advisory Formal Meeting Minutes Wednesday, November 08, 2017 Page 12 of 47 Board on August 15, 2017. Supervisory District - All (C-64-18-030-M-01) 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 Board - Secretaria de la Junta 7. REQUEST REGARDING NAMING SEGMENTS OF U.S. 60 "THE GOVERNOR ROSE MOFFORD MEMORIAL HIGHWAY" In response to a request from the Arizona State Board on Geographic and Historic Names, indicate that the Maricopa County Board of Supervisors has no objection to the application for the designated segments of the U.S. 60 in Arizona be named, “Governor Rose Mofford Memorial Highway:” The specific segments are: (C-06-18-164-8-00) •Mile Post 31 to Mile Post 214.5, Quartzsite to east of Florence Junction, and •Mile Post 240.5 to Mile Post 401, west of Miami to the New Mexico border near Springerville Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Clerk of the Court - Secretario de la Corte 8. APPOINTMENTS Pursuant to A.R.S. § 12-283, approve the official appointment of the following deputies, clerks, and assistants of the Clerk of the Superior Court. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231. Effective September 25, 2017 Nancy R. Brandenburg, Deputy Clerk LaCandace Monique Dandridge, Deputy Clerk Layci Marie Dewey, Deputy Clerk Annali G. Guillen, Deputy Clerk Mary Jo Held, Deputy Clerk Brittanny Nicole Lipkin, Deputy Clerk Cornesha Mitchell, Deputy Clerk Christina Eve Ramirez, Deputy Clerk Ana Lilia Rodriguez, Deputy Clerk Beth Anne Sanchez, Deputy Clerk Graciela Torrecillas, Deputy Clerk Rochelle Marie Woodson, Deputy Clerk Effective October 23, 2017 Shenika Dancy, Deputy Clerk Mark Allen Macaulay, Deputy Clerk Formal Meeting Minutes Wednesday, November 08, 2017 Page 13 of 47 Aida Araceli Plascencia, Deputy Clerk Dulce Adilene Torres, Deputy Clerk Effective November 06, 2017 Eddie Charles Levins, 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-16-18-003-9-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo NOTE: Agenda item #9 was taken out of order and heard before agenda item #PZ-1. Elections - Elecciones 9. IGA WITH ARIZONA SECRETARY OF STATE FOR COSTS RELATED TO MEMBERSHIP IN THE ELECTRONIC REGISTRATION INFORMATION CENTER Approve an intergovernmental agreement (IGA) between Maricopa County and the Secretary of State to secure the State’s membership in the Electronic Registration Information Center (ERIC). ERIC is a multistate partnership that uses a sophisticated and secure data-matching tools to improve the accuracy and efficiency of state voter registration systems. Through participation in ERIC, the Secretary of State and County Recorders can compare official data on eligible voters—such as voter and motor vehicle registrations, U.S. Postal Service addresses, and Social Security death records—to keep voter rolls more complete and up to date in accordance with their duties under the National Voter Registration Act of 1993 (“NVRA”). ERIC will provide the State and Counties with (1) data on individuals who are eligible, but not registered to vote, which will be used for targeted mailings, and (2) voter registration list maintenance reports regarding in-state and out-of-state movers, duplicate registrations, voters who are deceased, and National Change of Address information. This IGA will commence on the date of execution and will continue until terminated. Maricopa County will pay the one time membership fee for ERIC in the amount of $25,000; prorated annual dues in an amount not to exceed $20,000 for FY 2017-2018; and annual dues in an amount not to exceed $30,000 for each year thereafter. (C-36-18-003-3-00) Sheriff - Alguacil 10. AMENDMENT TO SUBGRANTEE AGREEMENT FROM THE ARIZONA DEPARTMENT OF HOMELAND SECURITY – PROJECT #160205-01 Approve Amendment #1 to the Subgrantee Agreement from the Arizona Department of Homeland Security, Project #160205-01. This amendment extends the expiration date of the Agreement from September 30, 2017 until March 31, 2018. The original Agreement (C-50-17-044-G-00) was approved by the Board of Supervisors on November 2, 2016 with term of October 1, 2016 through September 30, 2017. This Amendment extends the amount of time available to the project which will enable the Formal Meeting Minutes Wednesday, November 08, 2017 Page 14 of 47 Sheriff’s Office to complete the purchase of computer software modules, services and maintenance/support for the AZLink/CopLink Project. (C-50-17-044-G-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 11. DONATION OF K9 TO ARIZONA DEPARTMENT OF CORRECTIONS Pursuant to the Maricopa County Procurement Code, MC1-803, approve the donation of K9 Rommel, a four (4) year-old Czechoslovakian Shepard, to the Arizona Department of Corrections (AZDOC). MCSO SWAT Division has transitioned to dual purpose dogs. Rommel was tested for dual purpose however was only able to serve in a single capacity. AZDOC has a need for a single purpose dog in Safford, Arizona and Rommel would be an ideal match for their needs. (C-50-18-033-M-00) Motion to approve by roll call vote by Supervisor Hickman, seconded by Supervisor Gallardo The Clerk called the roll with the following result: Ayes: Barney, Chucri, Gates, Hickman, Gallardo Treasurer - Tesorero 12. OFFER ON TAX DEEDED LAND PARCEL PREVIOUSLY OFFERED 214-08-267 Pursuant to A.R.S. § 42-18303, consider the cash offer of $281.70 from Austin Gurule, or additional bids as offered before or at the Board meeting, on the following Tax Deeded Land parcel: Date Previously Offered – 03/24 to 04/07/2016 Parcel Number – 214-08-267 Purchaser / Name for the Deed – Austin and Charlotte Gurule Amount of Offer – $281.70 The subject property lies within Supervisorial District 03. Crossroads are N. Cave Creek Road and E. Bell Rd. If the Board votes to accept the original or a subsequent bid, direct that the Treasurer’s Office to accept payment and prepare the deed to convey the property(ies) sold and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42-18262, the proceeds from the sale in the total amount of the sale will revert to the County General Fund. (C-43-17-051-M-00) Chairman Barney asked if there were any additional bids and there were none. Motion to approve offer from Austin and Charlotte Gurule in the amount of $281.70 by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Supervisor Gallardo asked if it was the only offer received. Chairman Barney responded that it was the only offer received and all statutory requirements of notice to the public were followed. Formal Meeting Minutes Wednesday, November 08, 2017 Page 15 of 47 JUDICIAL BRANCH - PODER JUDICIAL Superior Court - Tribunal Superior 13. APPOINT SUPERIOR COURT COMMISSIONER AS SUPERIOR COURT JUDGE PRO TEMPORE Approve the appointment of Court Commissioner Lindsay P. Abramson as a Superior Court Judge Pro Tempore in accordance with Arizona Revised Statutes §12-141. The appointment will be for the period commencing November 6, 2017 through June 30, 2018. In order to obtain greater flexibility in the use of Court Commissioners, the Superior Court customarily has all Court Commissioners appointed as Superior Court Judges Pro Tempore so they may, on occasion, hear contested matters. This serves the interest of judicial economy and promotes sound caseflow management. Court Commissioner Lindsay P. Abramson would serve as a Superior Court Judge Pro Tempore without any additional compensation other than that to which he/she is entitled as a Court Commissioner. (C-80-18-004-2-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 08, 2017 Page 16 of 47 COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Animal Care and Control Services - Servicios de Control y Cuidado de Animales 14. IGA WITH TOWN OF GILBERT FOR ANIMAL CONTROL FIELD SERVICES Approve an Intergovernmental Agreement (IGA) between the Town of Gilbert and Maricopa County through Maricopa County Animal Care & Control. The contract is to provide the Town of Gilbert with animal control field services as determined in the contract. The Town agrees to pay estimated $79,992 for enforcement of rabies/animal control in accordance with City/Town Rabies/Animal Ordinance with Leash Law based on full cost recovery for actual level of service. The term of the contract is from July 1, 2016 through June 30, 2019. (C-79-18-085-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Correctional Health - Salud Correccional 15. MOU BETWEEN HUMAN SERVICES AND CORRECTIONAL HEALTH SERVICES FOR PARTICIPATION IN EXCHANGING PROTECTED HEALTH INFORMATION Approve a Memorandum of Understanding (MOU) between Maricopa County Department of Human Services (HSD) and Maricopa County Department of Correctional Health Services (CHS), for the purpose of outlining and governing each party’s role in the sharing of Protected Health Information (PHI). This MOU will grant HSD access to reports containing limited PHI maintained by CHS for the purpose of continuity of care and treatment in an effort to reduce recidivism. HSD agrees that any PHI obtained from CHS shall be used or disclosed only as authorized by law and as outlined in this MOU for public health, research, and as part of treatment services for CHS patients. This MOU is non-financial and is effective from the day it is fully executed and will continue until either agency provides thirty (30) days prior written notice with intent to terminate. Under the Health Insurance Portability and Accountability Act (HIPAA), PHI is defined as any information about health status, provision of health care or any individually identifiable information including Social Security Number, Age, Sex, Date Of Birth, Patient Identification Number, Medical Record Documentation either paper or electronic, diagnosis, procedural information and any other information directly linked and identifiable to a specific individual under the care, safety and medical supervision of CHS. (C-26-18-003-3- 00) Chairman Barney noted this item is regarding data sharing to assist in the ongoing effort to reduce recidivism. Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Finance - Finanzas Formal Meeting Minutes Wednesday, November 08, 2017 Page 17 of 47 16. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 09/29/2017 through 10/19/2017, 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-06-18-174-7-00) Wesley Harris, resident, spoke in opposition of items 9 and 16. He noted the importance of items being reviewed prior to the date of the meeting. Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 17. APPLY AND ACCEPT TRIBAL GAMING FUNDS FROM SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY AND APPROPRIATED BUDGET ADJUSTMENT Pursuant to A.R.S. §5-601.02, authorize Maricopa County through the Department of Finance to submit 21 applications to the Salt River Pima-Maricopa Indian Community for Tribal Gaming Grant funds for County departments and community non-profits as listed below. These funds are for government or non-profit services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development. The total amount of funds requested will not exceed $1,083,083.00. Pursuant to A.R.S. §5-601.02, authorize acceptance and pass-through of funds from the Salt River Pima-Maricopa Indian Community for the 21 programs listed below in the not-to- exceed amount of $829,000.00 in FY 2018. Arizona Diamondbacks Foundation Arizona Diamondbacks Science of Baseball - STEM Education Initiative Requested Amount: $35,000.00 FY 2018 Award: $35,000.00 Arizona Science Center Hands-On Science Discovery Programming for Low-Income Youth Requested Amount: $150,000.00 FY 2018 Award: $45,000.00 Circle the City Medical Respite Care for People Experiencing Homelessness Requested Amount: $50,000.00 FY 2018 Award: $50,000.00 Duet: Partners in Health and Aging Improving Life for Elders, Grandparents and Grandchildren Requested Amount: $7,500.00 FY 2018 Award: $10,000.00 Fighter Country Partnership FCP "Top Three Programs" Requested Amount: $20,000.00 Formal Meeting Minutes Wednesday, November 08, 2017 Page 18 of 47 FY 2018 Award: $20,000.00 First Place AZ First Place Phoenix Appliances Requested Amount: $51,000.00 FY 2018 Award: $51,000.00 Foothills Caring Corps Foothills Caring Corps Inc. Requested Amount: $20,000.00 FY 2018 Award: $25,000.00 Maricopa Community Colleges Foundation MCCD Student Success Initiatives Requested Amount: $90,000.00 FY 2018 Award: $75,000.00 Maricopa County Human Services Department Homeowner Rehabilitation for Veterans with Disabilities Requested Amount: $75,000.00 FY 2018 Award: $75,000.00 Native American Connections NAC Homeless Support Services Requested Amount: $50,000.00 FY 2018 Award: $50,000.00 Opportunity4Kids Leveling the Playing Field in Arizona! Requested Amount: $20,000.00 FY 2018 Award: $20,000.00 Paz De Cristo Community Center Shower Program Requested Amount: $27,583.00 FY 2018 Award: $30,000.00 Society of St. Vincent De Paul Maintenance Truck Requested Amount: $40,000.00 FY 2018 Award: $40,000.00 Southwest Human Development Birth to Five Helpline/Fussy Baby Program Requested Amount: $25,000.00 FY 2018 Award: $15,000.00 Southwest Wildlife Conservation Center Southwest Wildlife Conservation Center Educational Programming Requested Amount: $22,000.00 FY 2018 Award: $13,000.00 St. Mary's Food Bank St. Mary's Del Webb Warehouse Renovation Requested Amount: $50,000.00 Formal Meeting Minutes Wednesday, November 08, 2017 Page 19 of 47 FY 2018 Award: $50,000.00 The Leukemia & Lymphoma Society LLS Local Travel Assistance Program Requested Amount: $50,000.00 FY 2018 Award: $50,000.00 The Salvation Army Phoenix Family Services Emergency Assistance Program (Rental Assistance) Requested Amount: $50,000.00 FY 2018 Award: $50,000.00 Translational Genomics Research Institute Accelerating Precision Medicine Requested Amount: $150,000.00 FY 2018 Award: $50,000.00 United Service Organizations USO Arizona Requested Amount: $75,000.00 FY 2018 Award: $25,000.00 United States Veterans Initiative (U.S. Vets Phoenix) Food for Homeless Veterans Requested Amount: $25,000.00 FY 2018 Award: $50,000.00 Approve an increase to the FY 2018 budget for Finance (D180) Non Departmental Grants Fund (249) Non Recurring Non Project (NRNP) revenues and expenditures appropriated budget in the amount of $754,000. This budget adjustment does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Also, authorize the execution of the attached Intergovernmental Agreement (IGA). Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. The Tribal Gaming Fund awards do not allow recovery of indirect costs. (C-18-18-006-G-00) Wesley Harris, resident, spoke in opposition of the item. He stated that he does not agree with the stated uses when utilizing tax dollars. Supervisor Gates explained that the item is not utilizing tax dollars; it is giving approval for entities to request to apply for and receive gaming funds for their purposes. Chairman Barney explained the Board is used as a statutory portal for the proceeds that are mandated to be contributed back to the community based on the gaming compact. The Board does not make the decision as to who applies for the gaming funds and for how much. That decision is made by the sovereign nation. By statutory authority, this is more of an administrative action. Supervisor Gallardo said the compact was voted in favor for by voters in 2002 and the Board is just the pass through. He appreciates the watchful eye and there is a process in place that the Board must follow. Formal Meeting Minutes Wednesday, November 08, 2017 Page 20 of 47 Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Resources - Recursos Humanos 18. CONTRACT WITH R ELLIS CONSULTING LLC FOR ADP AND HUMAN RESOURCE INFORMATION SYSTEMS PROJECT MANAGEMENT SUPPORT Approve a Competition Impracticable contract with R Ellis Consulting LLC, effective December 1, 2017 to December 31, 2018, in an amount not to exceed $150,000. The purpose of this contract is for ADP and Human Resources Information Systems (HRIS) support services. (C-31-18-013-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 19. MARKET RANGES Pursuant to A.R.S §11-251 (38) and 251 (51), approve the addition, replacement, and/or deletion of Market Ranges to the authorized comprehensive listing of employee compensation Market Ranges previously approved by the Board of Supervisors and approve the addition and/or replacement stipends for management/professional assignments (MPA). (C-31-18-014-6-00) Ranges: Parks Maintenance Worker: $14.50-$21.45 ($30,160-$44,616) Public Works Crew Leader: $18.80-$27.35 ($39,104-$56,888) Public Works Equipment Operator: $16.75-$23.75 ($34,840-$49,400) Public Works Field Supervisor: $20.70-$30.10 ($43,056-$62,608) Public Works Heavy Equipment Operator: $17.75-$25.55 ($36,920-$53,144) Public Works Heavy Equipment Operator Senior: $18.80-$27.35 ($39,104-$56,888) Public Works Maintenance Worker: $14.50-$21.45 ($30,160-$44,616) Public Works Roadway Division Manager: $37.10-$57.55 ($77,168-$119,704) Public Works Roadway Technician: $16.75-$23.75 ($34,840 -$49,400) Public Works Superintendent: $33.55-$49.85 ($69,784-$103,688) Public Works Supervisor: $24.55-$36.25 ($51,064-$75,400) Quality Assurance Analyst: $22.07-$35.31 ($45,906-$73,445) Research Director: $40.50-$65.45 ($84,240-$136,136) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 08, 2017 Page 21 of 47 Human Services - Servicios Humanos 20. AMENDMENT TO THE AGREEMENT WITH ARIZONA DEPARTMENT OF HOUSING FOR WEATHERIZATION ASSISTANCE PROGRAM Approve a financial Amendment to the Agreement between the Arizona Department of Housing (ADOH) and Maricopa County administered by its Human Services Department for the Weatherization Assistance Program. ADOH has incorporated Amendment 001 and Amendment 002 into one Amendment document. The purpose of the Amendment is to address the following: • Amendment 001 removes Southwest Gas funding from the Agreement (-$126,603). • Amendment 002 increases LIHEAP award by $329,758 for a total LIHEAP award of $1,041,077. • The Contract expiration remains the same. The additional LIHEAP funding will increase the unit scope of work for LIHEAP by 8 units for 138 total LIHEAP units. • Replaces the following sections of the Agreement o Scope of Work o Amended Performance Report/Schedule of Completion o Budget o Request for Payment All other portions of the Agreement remain unchanged. The Amendment shall be effective beginning on the date of execution by ADOH and shall remain in effect until June 30, 2018, unless terminated sooner, extended or otherwise amended. The negotiated Human Services Department FY2018 indirect cost rate with the U. S. Department of Health and Human Services is 22.9% of personnel and benefits related costs. The funding increase is $329,758 of which $3,320.59 is for personnel costs. The total recovered allowable indirect cost is $760.41 and the unrecoverable indirect cost is $0. The weatherization grant funds total is now $1,291,590. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. The approval of this funding does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through future budget reconciliation. This agreement does not contain County General Funds. Supervisor District: 1-5 (C-22-17- 072-3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 08, 2017 Page 22 of 47 21. AGREEMENT WITH ARIZONA DEPARTMENT OF HOUSING FOR SOUTHWEST GAS FUNDS FOR WEATHERIZATION ASSISTANCE PROGRAM Approve a financial Agreement between the Arizona Department of Housing (ADOH) and Maricopa County administered by its Human Services Department for the Weatherization Assistance Program. The purpose of the Agreement is for ADOH to provide the County with Southwest Gas funds for the provision of Weatherization services. The Agreement funding total is $38,334. This Agreement is retroactive back to July 1, 2017 and effective upon execution by the County and ADOH, and shall remain in effect until December 31, 2017 unless sooner terminated, extended or otherwise amended in accordance with the terms of this Agreement. The negotiated Human Services Department FY2018 indirect cost rate with the U. S. Department of Health and Human Services is 22.9% of personnel and benefits related costs. The total grant funds are $38,334 of which $2,807.16 is for personnel costs. The total recovered allowable indirect cost is $642.84 and the unrecoverable indirect cost is $0. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. The approval of this funding does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through future budget reconciliation. This agreement does not contain County General Funds. Supervisor District: 1-5. (C-22- 18-020-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 22. MOU BETWEEN MARICOPA COUNTY HUMAN SERVICES DEPARTMENT AND MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES FOR PARTICIPATION IN EXCHANGING PROTECTED HEALTH INFORMATION Approve a Memorandum of Understanding (MOU) between Maricopa County Human Services Department (HSD) and Maricopa County Department of Correctional Health Services (CHS), for the purpose of outlining and governing each party’s role in the sharing of Protected Health Information (PHI). This MOU will grant HSD access to reports containing limited PHI maintained by CHS for the purpose of continuity of care and treatment in an effort to reduce recidivism. HSD agrees that any PHI obtained from CHS shall be used or disclosed only as authorized by law and as outlined in this MOU for public health, research, and as part of treatment services for CHS patients. This MOU is non-financial and is effective from the day it is fully executed and will continue until either party provides thirty (30) days prior written notice to the other party with intent to terminate. Under the Health Insurance Portability and Accountability Act (HIPAA), PHI is defined as Formal Meeting Minutes Wednesday, November 08, 2017 Page 23 of 47 any information about health status, provision of health care or any individually identifiable information including Social Security Number, Age, Sex, Date Of Birth, Patient Identification Number, Medical Record Documentation either paper or electronic, diagnosis, procedural information and any other information directly linked and identifiable to a specific individual under the care, safety and medical supervision of CHS. Request approval for the Human Services Department Director to sign the MOU on behalf of HSD. A fully executed copy of the MOU will be provided to the Clerk of the Board’s office. District: ALL (C-22-18-021-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Management and Budget - Administración y Presupuesto 23. CONTRACT WITH GREATER PHOENIX CHAMBER OF COMMERCE FOR NONPROFIT ECONOMIC DEVELOPMENT FUNDING IN FY2017/2018 Approve a Contract between Greater Phoenix Chamber of Commerce and Maricopa County Administered by its Budget Office, in an amount not-to-exceed $146,805. The purpose of this Contract is to provide FY 2018 non-profit economic development funding to the Greater Phoenix Chamber of Commerce for purposes to include the Phoenix Forward Initiative. This Contract is effective from July 1, 2017 until June 30, 2018. (C-49-18-007-3- 00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 24. CONTRACT WITH GREATER PHOENIX ECONOMIC COUNCIL FOR NONPROFIT ECONOMIC DEVELOPMENT FUNDING IN FY2017/2018 Approve a Contract between Greater Phoenix Economic Council (GPEC) and Maricopa County, administered by its Budget Office, in an amount not-to-exceed $629,808. The purpose of this Contract is to provide FY 2018 non-profit economic development funding to the Greater Phoenix Economic Council (GPEC) for purposes to include regional marketing and promotion to improve the region’s business image, industry prospecting to diversify the economy through the attraction and expansion of desirable business and industry in key economic clusters, and facilitating regional economic development collaborations to build a strong business climate and develop an effective regional economic development network of organizations with a common vision and mission. This Contract is effective from July 1, 2017 through June 30, 2018. (C-49-18-008-3-00) Dianne Barker, resident, spoke regarding the reinstallation of male members to the Greater Phoenix Economic Council (GPEC), in support of helping the economic interests. The item is utilizing over half a million dollars and asked that the County be comprehensive to seek females who are also qualified as GPEC members. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 08, 2017 Page 24 of 47 25. CONTRACT WITH GREATER PHOENIX CONVENTION AND VISITORS BUREAU FOR NONPROFIT ECONOMIC DEVELOPMENT FUNDING IN FY2017/2018 Approve a Contract between Greater Phoenix Convention and Visitors Bureau and Maricopa County administered by its Budget Office, in an amount not-to-exceed $222,431. The purpose of this Contract is to provide FY 2018 non-profit economic development funding to the Greater Phoenix Convention and Visitors Bureau for purposes to include attracting conventions, conferences and meetings; marketing and communications; the promotion of leisure travel; and other related activities. This Contract is effective from July 1, 2017 until June 30, 2018. (C-49-18-009-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Planning and Development - Planificación y Desarrollo 26. IGA WITH MARICOPA COUNTY SPECIAL HEALTH CARE DISTRICT FOR COUNTY TO ISSUE BUILDING PERMITS AND PERFORM SAFETY INSPECTIONS FOR CONSTRUCTION Approve an Intergovernmental Agreement between Maricopa County Special Health Care District, a political subdivision of the State, and the Maricopa County Planning and Development Department to allow the Planning and Development Department to provide plan review, permitting, and building safety inspection services for construction submitted to it by the District for its Care Reimagined program design and construction process. The Planning and Development Department will review, permit and inspect construction submittals in accordance with applicable Board-approved construction codes and fee schedules. This Agreement shall commence on the date it is executed by the Chairman of the Maricopa County Board of Supervisors and shall be for a period of twenty five (25) years unless sooner terminated by either Party. (C-44-18-033-M-00) Chairman Barney thanked County staff for their work on the item. He noted the cost savings, efficiencies and effectiveness of the agreement. Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Procurement Services - Servicios de Adquisiciones 27. ARCHITECTURAL SERVICES ON-CALL (180007-ROQ) Approve Contracts for Award between Maricopa County &: Arrington Watkins Architects, and EMC2 Architects Planners respectively each at a not-to-exceed amount of $3,000,000. ($6,000,000) Total Award over three (3) years with two (2) one (1) year options for renewal. The purpose of the contracts is to provide professional architectural services, on-call, and construction administration services for County government, judicial, and detention facilities. (C-73-18-021-5-00) Formal Meeting Minutes Wednesday, November 08, 2017 Page 25 of 47 Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 28. MARICOPA COUNTY ANIMAL WELFARE IMPROVEMENTS (180001-ROQ) Approve a contract for award to Line and Space, LLC in an amount not to exceed $1,894,000 for professional design services for building improvements to the Durango Animal Care and Control Facility located in Phoenix, Arizona. (C-73-18-020-5-00) Supervisor Hickman noted he is looking forward to seeing what the designer proposes as the project progresses. Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 29. P25 RADIO SYSTEM INFRASTRUCTURE UPGRADE, TRADE-IN AND VALUE INCREASE AUTHORIZATION (12030-RFP) Approve a value increase to county contract serial 12030 for the purchase of, and related services for, up to 145 radios in an amount not-to-exceed $445,000.00. In addition, authorize the trade-in of County owned radios being replaced as part of the purchase. Details of this purchase and the trade-in of County-owned radios are contained in the proposal from Motorola to Maricopa County, dated August 28, 2017. (C-73-13-077-7-02) Motion to approve by Supervisor Hickman, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Public Health - Salud Pública 30. CONTRACT WITH CITY OF TEMPE FOR ARIZONA NUTRITION NETWORK SERVICES, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM – EDUCATION AND LOCAL INCENTIVE AWARD SERVICES Approve the 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 Nutrition Network (AzNN), Supplemental Nutrition Assistance Program – Education (SNAP- Ed) and Local Incentive Award (LIA) Services. The Contract is for a term of one (1) year date beginning October 1, 2017 and ending September 30, 2018. 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). The funding amount is not-to-exceed $361,901.00 for the budget period October 1, 2017 through September 30, 2018. Maricopa County’s indirect rate for FY2017-18 is 16.6%. This Contractor is a subrecipient and is not subject to indirect charges. 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-86-18-029-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 31. NOTICE OF AWARD WITH HEALTH RESOURCES AND SERVICES ADMINISTRATION Formal Meeting Minutes Wednesday, November 08, 2017 Page 26 of 47 FOR HEALTHY START INITIATIVE: ELIMINATING DISPARITIES IN PERINATAL HEALTH Approve Notice of Award (NOA) No. (5 H49MC00174-17-00), 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, Healthy Start (HS), to provide grant funding for the South Phoenix Healthy Start (SPHS) program. SPHS will provide perinatal case management services, health education events and learning opportunities, and community referrals to women and their families in the large urban communities of South Phoenix and Maryvale. This funding is for a total not-to-exceed amount of $375,356, for the budget period November 1, 2017 through October 31, 2018. The project period is June 1, 2002 through March 31, 2019. The financial assistance this period reflects 18.77% of the total approved budget as authorized under the Continuing Resolution. The remainder of funds is forthcoming pending signed appropriation. The Department of Public Health’s indirect rate for FY2017-18 is 16.6 %. The full Indirect costs are estimated at $45,575, all of which is allowable. The pass thru amount of $55,236 is not subject to indirect. Departmental Indirect Rates are reestablished at the beginning of each fiscal year and the future Indirect Rate will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by HRSA and will not affect the County’s General Fund. (C- 86-02-165-2-36) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 32. PURCHASE ORDER FOR AZ NUTRITION NETWORK, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM – EDUCATION (SNAP-ED) AND LOCAL IMPLEMENTATION SERVICES Approve a Purchase Order (PO) for Contract No. (ADHS16-106547) between Arizona Department of Health Services (ADHS), Arizona Nutrition Network (AzNN), Supplemental Nutrition Assistance Program – Education (SNAP-Ed) and Local Implementation (LIA) Services and Maricopa County through its Department of Public Health (MCDPH) to provide funding for AZNN SNAP-Ed program. The purpose is to provide nutrition education and obesity prevention programs to SNAP-Ed participants and those who are eligible to an effort to improve healthy lifestyle choice and reduce the risk of chronic disease. The budget period is October 1, 2017 through September 30, 2018 for the PO budget amount of $2,213,178.00. The initial term of this grant began October 1, 2015 through September 30, 2018. ADHS shall have the right, at its sole option, to renew the Grant, in two additional one (1) year increments, not to exceed a total Grant term of five (5) years. MCDPH’s indirect rate for FY 2017-18 is 16.6%. The full indirect costs are estimated at $250,360 of which is fully recoverable. The pass thru amount of $454,626.00 is not subject to indirect. Departmental indirect rates are reestablished at the beginning of each fiscal Formal Meeting Minutes Wednesday, November 08, 2017 Page 27 of 47 year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-16-020-3-02) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Real Estate - Bienes Raíces 33. REVOCABLE LICENSE AGREEMENT P-50314 WITH KEN SHEELY RANCHES PARTNERS Approve, and authorize the Chairman to execute, 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”). License Agreement P-50314 will permit the Licensee to use the Property for farming from November 8, 2017 through December 31, 2018. Licensee’s consideration for use of the Property is $950.00. License will keep the property free of weeds and other noxious plants and will maintain the Property in compliance with ordinances, regulations and statutes pertaining to airborne particulate matter. (C-70-18-002-M-00) Chairman Barney noted the item is to permit farming of land around the Southwest Justice Courts which will assist in keeping the area green and is a productive use of land. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation - Transportación 34. ANNEXATION (RIGHT OF WAY) BY THE TOWN OF QUEEN CREEK Pursuant to A.R.S. §9-471(N), approve the annexation by the Town of Queen Creek of County right-of-way within: Ocotillo Road from 182nd Street Alignment to Power Road, in accordance with Ordinance No. 641-17. (General Vicinity: Ocotillo Road and Power Road. Supervisory District No. 1) (C-64-18-050- M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 35. NEW TRAFFIC CONTROLS ON PALO VERDE ROAD Approve new traffic controls (No Stopping, Standing, Parking 7:00 AM to 3:30 PM School Days) on unincorporated right-of-way at the following location: 1. A NO STOPPING, STANDING, PARKING 7:00 AM to 3:30 PM SCHOOL DAYS ZONE Formal Meeting Minutes Wednesday, November 08, 2017 Page 28 of 47 on Palo Verde Road from Old US 80 to 920 feet north of Old US 80 (east side only). 2. A NO STOPPING, STANDING, PARKING 7:00 AM to 3:30 PM SCHOOL DAYS ZONE on Palo Verde Road from Old US 80 to 680 feet north of Old US 80 west side only). This agenda item is the result of a Traffic Engineering Study conducted at the request of the Palo Verde Elementary School Principal and Superintendent. Parent’s vehicles are parked on Maricopa County right-of-way causing sight obstructions to the vehicles entering and existing the Bus Drop-Off area. In the interest of public safety these signs are warranted. Supervisory District No. 4 (C-64-18-051-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 36. NEW TRAFFIC CONTROLS ON 107TH AVENUE Approve new traffic controls (No Stopping, Standing, Parking Any Time) on unincorporated right-of-way at the following location: 1. A NO STOPPING, STANDING, PARKING ANY TIME ZONE on 107th Avenue from 1215 feet to 2725 feet north of Pinnacle Peak Road (both sides). This agenda item is the result of a Traffic Engineering Study conducted at the request of the City of Peoria. Vehicles are parked on Maricopa County right-of-way causing safety concerns to all using this section of road. In the interest of public safety these signs are warranted. Supervisory District No. 4 (C-64-18-053-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 37. NEW TRAFFIC CONTROLS ON BROADWAY ROAD Approve a change in traffic controls (All Way Stop) on unincorporated right-of-way at the following location: 1. An All Way Stop (from a One-Way southbound Stop) at Broadway Road and 79th Avenue. This agenda item is the result of a Traffic Engineering safety study conducted by MCDOT at the request of the City of Phoenix and the Transportation Systems Management Division Manager. After evaluating current traffic volumes, accident records and sight distance it was determined that warrants were met for a multi-way stop. Supervisory District No. 5 (C- 64-18-052-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 38. 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-06-18-192-7-00) Formal Meeting Minutes Wednesday, November 08, 2017 Page 29 of 47 A. DD-10837 Project Name: NFSC Striker Complex – Assessor’s Parcel #: (SS) 304-30-031c – Drainage Easement – T. Golden Foundation B. DD-10839 Project #: TL008 – Happy Valley Rd – Assessor’s Parcel #: (JRW) 503-53-022F (Portion) – Warranty Deed William Lyon Homes, Inc. for the sum of $10.00. C. DD-10839 Project #: TL008 – Happy Valley Rd – Assessor’s Parcel #: (JRW) 503-53-022F (Portion) – Purchase Agreement and Escrow Instructions – William Lyon Homes, Inc. D. D22516-1 Project #: TT0347 – Northern Parkway II Assessor’s Parcel #: (KGR) 142-75-002D, 501-99-004E Temporary Construction Easement and Agreement for Highway Purposes – City of Glendale for the sum of $2,142.00. E. D22574-1 Project #: TT0345 – MC85 at 83rd Avenue and Center Turn (JR) Lane Expansion – Assessor’s Parcel #: 104-32-009A, 011A, 006C, 007E – Temporary Construction Easement and Agreement for Highway Purposes – CH Realty VII-WPC I Phoenix West 79th, LLC for the sum of $3,389.00. F. D23195-1 Project #: TT0511 – MC85 at 83rd Avenue and Center Turn (SS) Lane Expansion – Assessor’s Parcel #: 101-12-643, 101-12- 644 – Temporary Construction Easement for SRP Pole Bracing and Agreement for Highway Purposes – Smith's Food and Drug Centers, Inc. for the sum of $1,964.00. G. D23195-1 Project #: TT0511 – MC85 at 83rd Avenue and Center Turn (SS) Lane Expansion – Assessor’s Parcel #: 101-12-643, 101-12- 644 – Temporary Construction Easement and Agreement – Smith's Food and Drug Centers, Inc. for the sum of $21,600.00. H. D23195-2 Project #: TT0511 – MC85 at 83rd Avenue and Center Turn (SS) Lane Expansion – Assessor’s Parcel #: 101-12-643, 101-12- 644 – Drainage Easement Smith's Food and Drug Centers, Inc. for the sum of $878,400.00. I. D23195 Project #: TT0511 – MC85 at 83rd Avenue and Center Turn (SS) Lane Expansion – Assessor’s Parcel #: 101-12-643, 101-12- 644 – Purchase Agreement and Escrow Instructions – Smith's Food and Drug Centers, Inc. J. D23391-1 Project #: TT0534 – MC85 & Rainbow Road– Assessor’s (KGR) Parcel #: 504-44-018 – Temporary Construction Easement and Agreement for Highway Purposes – Rainbow & Monroe 480, LLC for the sum of $1,947.00. K. D23461-2 Project #: TT0408 – Palm Lane Drainage Project Parcel #: (SS) 219-23-013A – Drainage Easement Don G. Peters, Trustee – for the sum of $1,300.00 L. D23461-2 Project #: TT0408 – Palm Lane Drainage Project Parcel #: (SS) 219-23-013A – Purchase Agreement and Escrow Instructions – Don G. Peters, Trustee. Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Formal Meeting Minutes Wednesday, November 08, 2017 Page 30 of 47 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 39. SETTING OF HEARING FOR THE PROPOSED MADISON GROVES 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 Madison Groves Irrigation Water Delivery District. The hearing date is set for Wednesday, November 29, 2017 at 9:30 a.m. 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. At the hearing on November 29, 2017, 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. Lots 1 through 38, ORANGO PLACE, a Subdivision of the East half of the Northwest quarter of the Northeast Quarter of Section 9, 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 43 of Maps, Page 11; TOGETHER WITH Lots 1 through 19, GREENWAY GARDENS, a Subdivision of the East half of the Northwest quarter of the Northeast Quarter of Section 9, 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 43 of Maps, Page 29; TOGETHER WITH Lots 3 through 48, SQUAW PEAK HEIGHTS NO. 3, a Subdivision of the West half of the Northwest quarter of the Northeast Quarter of Section 9, 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 51 of Maps, Page 12; Formal Meeting Minutes Wednesday, November 08, 2017 Page 31 of 47 TOGETHER WITH Lots 1 and 2, LEISURE ESTATES, a Replat of Lots 1 and 2, SQUAW PEAK HEIGHTS NO. 3, as recorded in Book 51 of Maps, Page 12; Replat located in the West half of the Northwest quarter of the Northeast Quarter of Section 9, 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 476 of Maps, Page 25; TOGETHER WITH The East 348.80 feet of the South 313 feet as measured along the South line of the East half of the Northwest quarter of the Northeast Quarter of Section 9, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian of Maricopa County, Arizona. (Supervisorial District 3) (C-06-18-156-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation – Transportación 40. ROAD FILE NO. 5914 Set a hearing for December 13, 2017 for Road File No. 5914 to Open and Declare the following described alignments into the County Transportation System. (General Vicinity: Glendale Road and Dysart Road and known as Solare Ranch Subdivision. Supervisory District No. 4) (C-64-18-054-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 08, 2017 Page 32 of 47 41. SOLARE RANCH PHASE 2 STREET LIGHTING IMPROVEMENT DISTRICT It is recommended by the Superintendent of Streets that the Board of Supervisors set a hearing for December 13, 2017, at 9:30am. to establish the Solare Ranch Phase 2 Street Lighting Improvement District. A Petition with the requisite number of signatures has been presented requesting the Establishment of the Solare Ranch Phase 2 Street Lighting Improvement District. The petition meets the necessary requirements and a hearing to organize the district must be set by the Board of Supervisors. (Signature Percentage: 63% by real property owners) The district is located in the vicinity of Dysart Rd and Glendale Avenue. (C-64-18-056-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 42. DUPLICATE WARRANTS Pursuant to A.R.S §11-632, approve and ratify the issuance of duplicate warrants to replace county warrants and school warrants which were either lost or stolen. Necessary affidavits have been filed with the Board. (C-06-18-159-7-00) Name Warrant No Amount Maria D. Lopez 22514474 991.84 Dance Gallerie Performance Center 470063040 700.00 Melissa Flores Salas 170032373 159.43 Camaron Hallford 170032383 146.66 Evelin Nunez 170032422 114.60 Sijuola Ade Shabazz 170032442 109.99 Jamie Rico 170032436 126.58 Josie Julio Rosas 170039335 372.28 Centurylink 470028842 45,349.55 Sarah Klivans 170032399 1,119.35 Joshua Jandreau 170032393 1,576.18 Gary D Cluff 380005518 225.00 Vanguard Truck Center of Phoenix 380005491 300,010.00 Benjamin Karren 170032398 215.01 Teresa D Sims 170032444 1,046.12 Bright Future Stars 370025244 14,997.43 Garrett Maier 170037537 1,101.85 Jacob Bunch 170033265 589.18 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, November 08, 2017 Page 33 of 47 Ayes: Barney, Chucri, Gates, Hickman, Gallardo 43. CANCELLATION OF ELECTION AND APPROVE APPOINTMENT TO THE BOARD OF DIRECTORS OF THE WESTERN MEADOWS IRRIGATION DISTRICT Pursuant to A.R.S. §16-410(A) and the letter received from the Western Meadows: 1. Cancel the election scheduled to be held on November 14, 2017; 2. Appoint Scot Reemelin who filed nomination petitions to fill the expired terms. The appointed Director shall serve a three year term effective January 1, 2018 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-06-18-146-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 44. CANCELLATION OF ELECTION AND APPROVE APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE AGUILA IRRIGATION DISTRICT Pursuant to A.R.S. §16-410(A) and the letter received from the Aguila Irrigation District: 1. Cancel the election scheduled to be held on November 14, 2017; 2. Appoint Chris Franks, Division 1; Dan Dempsey, Division 2; and Stephen Martori, Division 3, who filed nomination papers to fill the expired terms. The appointed Directors shall serve three year terms effective January 1, 2018 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 4). (C-06-18-158-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 45. CANCELLATION OF ELECTION AND APPROVE APPOINTMENTS TO THE BOARD OF TRUSTEES OF THE SUN VIEW ESTATES II IWDD NO. 54 Pursuant to A.R.S. §16-410(A) and the letter received from the Sun View Estates II IWDD No. 54: 1. Cancel the election scheduled to be held on November 15, 2017; 2. Appoint Nicholas Udall, Jon Cooley and Wade Eagar who filed nomination papers to fill the expired terms. The appointed Trustees shall serve two year terms effective January 1, 2018 through December 31, 2019, 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-06-18-161-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 46. CANCELLATION OF ELECTION AND APPROVE APPOINTMENT TO THE BOARD OF Formal Meeting Minutes Wednesday, November 08, 2017 Page 34 of 47 DIRECTORS OF THE QUEEN CREEK IRRIGATION DISTRICT Pursuant to A.R.S. §16-410(A) and the letter received from the Queen Creek Irrigation District: 1. Cancel the election scheduled to be held on November 14, 2017; 2. Appoint Steven Sossaman who filed nomination papers to fill the expired term. The appointed Director shall serve a three year terms effective January 1, 2018 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-06-18-162-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 47. CANCELLATION OF ELECTION AND APPROVE APPOINTMENTS TO THE BOARD OF TRUSTEES OF THE CIRCLE G OCOTILLO IWDD NO. 47 Pursuant to A.R.S. §16-410(A) and the letter received from the Circle G Ocotillo IWDD No. 47: 1. Cancel the election scheduled to be held on November 15, 2017; 2. Appoint Patricia Grantham and W. Reed Fenton who filed nomination papers to fill the expired terms. The appointed Trustees shall serve a two year terms effective January 1, 2018 through December 31, 2019, 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-06-18-163-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 48. CANCELLATION OF ELECTION AND APPROVE APPOINTMENTS TO THE BOARD OF TRUSTEESS OF THE MORRISON RANCH IWDD NO. 49 Pursuant to A.R.S. §16-410(A) and the letter received from the Morrison Ranch IWDD No. 49: 1. Cancel the election scheduled to be held on November 15, 2017; 2. Appoint Howard C. Morrison, Scott Morrison, and Dawnie Stewart who filed nomination papers to fill the expired terms. The appointed Trustees shall serve three year terms effective January 1, 2018 through December 31, 2019, 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-06-18-165-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 49. CANCELLATION OF ELECTION AND APPROVE APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE HARQUAHALA VALLEY POWER DISTRICT Formal Meeting Minutes Wednesday, November 08, 2017 Page 35 of 47 Pursuant to A.R.S. §16-410(A) and the letter received from the Harquahala Valley Power District: 1. Cancel the election scheduled to be held on December 5, 2017; 2. Appoint Wade C. Ferguson, Stephen Martori, William K. Perry and Brandon Wolfswinkel who filed nomination papers to fill the expired terms. The appointed Trustees shall serve two year terms effective January 1, 2018 through December 31, 2019, 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 5). (C-06-18-166-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 50. CANCELLATION OF ELECTION AND APPROVE APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE SAN TAN IRRIGATION DISTRICT Pursuant to A.R.S. §16-410(A) and the letter received from the San Tan Irrigation District: 1. Cancel the election scheduled to be held on November 14, 2017; 2. Appoint Kyle Taylor who filed a nomination petition to fill the expired term. The appointed Director shall serve a three year term effective January 1, 2018 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-06-18-176-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 51. PROCLAMATION: TEEN CHALLENGE OF ARIZONA DAY Proclaim November 17, 2017 as Teen Challenge of Arizona Day. (C-06-18-160-P-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 52. PRECINCT COMMITTEEMEN Pursuant to A.R.S. §16-821, authorize the appointment and cancellation of appointment of Precinct Committeemen. List is on file in the Clerk of the Board’s Office and retained in accordance with ASLAPR approved retention schedule. (C-06-18-189-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 53. SECURED/UNSECURED TAX ROLL CORRECTIONS Pursuant to A.R.S. §§42-15155, 16002, 16215, 16258, and 19118, approve requests from the Assessor for corrections of the Secured Tax Rolls Resolutions, as attached and on file in the Clerk of the Board's office in accordance with LAPR retention guidelines. This reflects actual tax dollar corrections to the County tax rolls due to administrative corrections of the Assessor and as a result of property tax appeals. (C-06-18-169-7-00) Formal Meeting Minutes Wednesday, November 08, 2017 Page 36 of 47 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 54. 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-06-18-188-7-00) 2017/2018: TX2017-000107; 2018: ST2017-000091; ST2017-000127; ST2017-000130; ST2017-000379 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 55. STALE DATED WARRANTS Pursuant to A.R.S. §11-644 the Board of Supervisors finds that claims presented, are legitimate and that claimants have demonstrated good and sufficient reason for failure to present the original check or warrant within the allotted time. Accordingly, the claims are allowed. (C-06-18-175-7-00) Name Warrant No Amount Tanya Perez 370001572 10,000.00 Lundmark, Barberich, La Mont & Slavin, P.C. 360024663 259.00 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 56. TAX ABATEMENTS Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to ARS 42-18353 for the parcel numbers, tax years and amounts as listed below: (C-43-18-018-M- 00) 141-66-437N 2007-2014 $11,226.07 502-27-014P 2005-2014 $5,229.29 502-27-014Q 2008-2014 $2,687.10 503-55-031 2001-2010 $9,936.24 503-55-031 2011-2014 $1,085.82 962-49-037 2008 $103.92 962-57-306 2004-2008 $186.23 964-39-668 2012-2013 $105.55 980-54-447 1999-2008 $7,473.64 980-54-447 2009-2013 $2,393.97 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES County Attorney Formal Meeting Minutes Wednesday, November 08, 2017 Page 37 of 47 ~ Supervisor Gates declared a conflict of interest and left the dais ~ A-1. GALLAGHER & KENNEDY, P.A. V. CITY OF PHOENIX, ET AL., CV-16-04447-PHX-JJT (D. ARIZ.) Approve the filing of third party complaints on behalf of Maricopa County in Gallagher & Kennedy, P.A. v. City of Phoenix, et al., CV-16-04447-PHX-JJT (D. Ariz.); and Spinnaker Holdings, LLC, et al. v. City of Phoenix, et al., 2:16-cv-04448-DKD (D. Ariz). This item was discussed in executive session on November 6, 2017. (C-19-18-022-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Hickman, Gallardo Recuse: Gates ~ Supervisor Gates returned to the dais ~ A-2. U.S. DEVELOPMENT LAND, LLC V. MCDOT AND MC CV2017-014026 Approve dismissal of Maricopa County in U.S. Development Land, LLC v. MCDOT and Maricopa County (No.CV :2017-014026). McDot will be dismissed as a non jural entity, the County will hold the assurance funds until, in accordance with an order of the court, the funds will be released as directed by the court, and the County will be dismissed from the litigation. This matter was discussed in executive session on November 6, 2017. (C-19-18-023-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 08, 2017 Page 38 of 47 A-3. PAYMENT REGARDING JUDGMENT ON TAXATION OF COSTS (“TAXATION JUDGMENT”) IN THE MATTER OF PUENTE ARIZONA V JOSEPH M. ARPAIO, ET AL., NO. CV-14-01356-PHX-DGC (D. ARIZ.) Approve payment pursuant to the Judgment on Taxation of Costs, ordered in the matter of Puente Arizona v Joseph M. Arpaio, et al., No. CV-14-01356-PHX-DCG (D. Ariz.) as ordered and signed on August 21, 2017, also approve the following adjustments for use of contingency dollars: a) Decrease the expenditure budget for Non-Departmental (D470) General Fund (100) Non Recurring Non Project (1001) in the line "Unreserved Contingency" (4711) in the amount of $19,594.78. b) Increase the expenditure budget in the Non-Departmental (D470) General Fund (100) Non Recurring Non Project (1001) in the line “Judgments” (4742) by $19,594.78. 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. Also direct the Department of Finance to issue payment according to the Order, signed August 21, 2017 in the matter of Puente Arizona v Joseph M. Arpaio, et al., No. CV—14- 01356-PHX-DCG (D. Ariz.). Approval of this action will allow payment of the Taxation Judgment ordered in in the matter of Puente Arizona v Joseph M. Arpaio, et al., No. CV—14-01356-PHX-DCG (D. Ariz.). This matter was discussed in executive session on November 6, 2017. (C-19-18-024-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo A-4. PAYMENT REGARDING FINAL JUDGMENT ON ATTORNEY’S FEES IN THE MATTER OF WHITE MOUNTAIN HEALTH CENTER, INC. V. WILLIAM MONTGOMERY, MARICOPA COUNTY, ET AL., CASE NO. CV2012-053585 Approve payment pursuant to the Final Judgment on Attorney’s Fees against Maricopa County in Superior Court and the separate Appellate Court Order Awarding Attorney’s Fees on Appeal, ordered in the matter of White Mountain Health Center, Inc. v. William Montgomery, Maricopa County, et al., Case No. CV2012-053585 (appellate court case numbers CA-CV 12-0831, 13-0697, and 14-0372) and also approve the following adjustments for use of contingency dollars: a) Decrease the expenditure budget for Non-Departmental (D470) General Fund (100) Non Recurring Non Project (1001) in the line "Unreserved Contingency" (4711) in an amount not to exceed $290,000. b) Increase the expenditure budget in the Non-Departmental (D470) General Fund (100) Non Recurring Non Project (1001) in the line “Judgments” (4742) by an amount not to exceed $290,000. The not to exceed amount is based upon: Formal Meeting Minutes Wednesday, November 08, 2017 Page 39 of 47 - the April 15, 2014 judgment of $193,700.02, plus annual interest at 4.25%, plus - the April 10, 2017 award of $58,969, plus annual interest at 5%. 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. Also direct the County Attorney’s office to advise the Budget Office and the Department of Finance when final amounts are known. Also direct the Department of Finance to issue payment according to the Final Judgment on Attorney’s Fees Against Maricopa County entered by the Superior Court on April 15, 2014 in the matter of White Mountain Health Center, Inc. v. William Montgomery, Maricopa County, et al., Case No. CV2012-053585 and a separate Appellate Court Order Awarding Attorney’s Fees on Appeal issued April 10, 2017 in the same matter (appellate court case numbers CA-CV 12-0831, 13-0697, and 14-0372). This matter was discussed in executive session on November 6, 2017. (C-19-18-025-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Assessor A-5. CHIEF DEPUTY ASSESSOR MANAGEMENT INCENTIVE Approve the Chief Deputy Assessor Management Incentive Plan as discussed in Executive Session on November 6, 2017. (C-12-18-002-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING RECESSED Chairman Barney recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Chairman Barney reconvened the Board of Supervisors. Formal Meeting Minutes Wednesday, November 08, 2017 Page 40 of 47 CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 57. 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.) Wesley Harris, resident, complimented the Board on their friendliness which he does not receive from other governmental entities. He noted the agenda items connected with the previous Sheriff Joe Arpaio and the $70 million dollars that it has cost the taxpayers. He spoke about two former employees currently involved in litigation with the County. He noted his concern that millions of taxpayer dollars continue to be used for litigation. John Rusinek, resident, commented on the Veterans Day ceremony and Veteran problems. He noted his experience while serving in the Navy and Salt River Project (SRP). He spoke about his issues with dust control and zoning within his neighborhood. Dianne Barker, resident, spoke in support of the relocation of Environmental Services. She noted Maricopa County is number one in growth within the United States and needs sensible regulation in industry and transportation. She spoke on better air quality and the desire of individuals to move to Arizona because of its beauty. Salvador Reza, resident, spoke regarding inmates on a hunger strike within the County jail. He noted the taxpayer cost of meals versus litigation issues regarding the previous Sheriff Joe Arpaio. He asked the Board for assistance in solving the hunger strike issue. Kimberly Owens, resident, spoke regarding the repurposing of tent city. She stated her family has owned and operated a business near tent city for over 55 years. She is against the residential component of repurposing tent city. She said she is concerned with the issue and is hopeful for a more transparent process to allow the public to attend committee meetings regarding the issue. Jeff Blilie of Beus Gilbert representing Precision Components, spoke in opposition of the repurposing of tent city on behalf of his clients. He noted the location is a major industrial hub with unique rail access. He noted the businesses, neighborhoods and schools within the vicinity of the tent city location. He spoke regarding problems with homelessness within the area. He stated a neighborhood meeting would be held at the Murphy School District Community Center on Thursday, November 16, 2017, from 5:00 p.m. to 7:00 p.m. He then pointed out the locations of tent city, Precision Components and residential areas on a map. Formal Meeting Minutes Wednesday, November 08, 2017 Page 41 of 47 Diane Ortiz Parsons, resident, spoke in opposition of election redistricting. She noted the high cost and complications from enlarging precincts. She noted her concerns regarding the County Recorder. 58. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Gallardo noted a happy Veterans Day to all. Supervisor Hickman noted a happy Veterans Day to all and acknowledged Paul Petersen, County Assessor. Supervisor Gates noted a happy Veterans Day to all and said he would be spending the day with his 94 year old grandfather who is a WWII Veteran. He thanked all of the Veterans in attendance at the Veterans ceremony. He spoke regarding a water issue in New River, Arizona, in which the City of Phoenix will no longer provide water to nearly 1,500 residents. He thanked EPCOR Water Arizona Inc. for agreeing to provide water to New River residents via a standpipe in Anthem, Arizona. He stated he requested authority from the Arizona Corporation Committee for EPCOR to assist in providing the services and was happy to report it was approved. He thanked everyone who have been supportive in the New River issue. Supervisor Chucri thanked the Chairman, Members and the Clerk for the accommodations to attend the meeting telephonically. He thanked all Veterans for their service and congratulated Supervisor Gates for resolving the New River issue. Chairman Barney noted Marc Community Resources Inc. in the east valley marked their 60th anniversary celebration. He and Supervisor Chucri were honored to be present to receive County recognition for the work the County has done. He recently attended the Tempe State of the City event that outlined the vision in Tempe. He noted the County Supervisors Association (CSA) Summit was held in Maricopa County and thanked everyone who assisted in planning the event. He said Governor Ducey was in attendance at the luncheon and a legislative platform was passed for CSA. The event hosted 59 Board of Supervisors throughout the State of Arizona and it was a great opportunity to showcase Maricopa County. The Chairman spoke on Governor Ducey’s Executive Order regarding new hiring procedures. He said the State of Arizona is the largest hiring entity in Arizona while Maricopa County is the 6th largest hiring entity in Arizona. He spoke regarding the Executive Order of the Second Chance Box pertaining to recidivism. He explained the Executive Order and asked Joy Rich, County Manager, to look into the County getting behind the initiative as well. It would be a decision made through the Board of Supervisors and it would be a great opportunity to add to the effort of the Board towards Smart Justice and reducing recidivism. He thanked those who participated in the Veterans Day ceremony and noted his gratitude for all Veterans for their service. Formal Meeting Minutes Wednesday, November 08, 2017 Page 42 of 47 MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Denny Barney, Chairman of the Board ATTEST: ___________________________________ Debra Schaffer, Deputy Clerk of the Board Formal Meeting Minutes Wednesday, November 08, 2017 Page 43 of 47 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 08, 2017, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2 (via phone); Bill Gates, District 3; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Debra Schaffer, Deputy Clerk of the Board; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. F-1. RESOLUTION FCD 2018R001 2017 FLOODPLAIN REGULATIONS FOR MARICOPA COUNTY Pursuant to A.R.S. §§48-3603 and §48-3609, convene the scheduled public hearing, to solicit comments and consider the adoption of and enforcement of Resolution FCD 2018R001 regarding the 2017 Floodplain Regulations for Maricopa County. Upon the Flood Control District Board of Directors approval, these items will become effective November 8, 2017. Pursuant to A.R.S. §48-3603 and §48-3609 the Flood Control District Board of Directors are directed to adopt and enforce Resolution FCD 2018R001, 2017 Floodplain Regulations for Maricopa County. The A.R.S. also directs the Flood Control District of Maricopa County (District) to provide floodplain management to communities that have elected not to assume their own floodplain management and all unincorporated areas within Maricopa County. It is the purpose of the Floodplain Regulations to comply with A.R.S. §48 3609 and 44 CFR Ch.1. et seq. (pertaining to the National Flood Insurance Program) to promote and protect the health, peace, safety, comfort, convenience, and general welfare of the residents within the jurisdictional area of Maricopa County, Arizona, to minimize public and private losses due to flood conditions in specific areas, and to enable Maricopa County and its residents to participate in the National Flood Insurance Program, receive Federal Disaster Assistance, obtain flood insurance and reduce the cost of flood insurance. The Floodplain Administrator, as designated by the Flood Control District Board of Directors, shall be the Chief Engineer and General Manager of the Flood Control District of Maricopa County who shall administer and enforce these Regulations, Fees and Licensing Time Frames. This agenda item impacts all supervisorial districts. (C-69-18-011-6-01) Chairman Barney thanked Bill Wiley, Chief Engineer, Flood Control District, and his staff for their work on items F-1 through F-3. He appreciated the progress that has been made. The Board appreciates the efforts made to bring the items to this point. A continuance of the items have been requested and it does not compromise the Board nor does it affect any other regulating bodies of government under which the Board receives mandates and directive. He asked if there were any comments. Director Hickman thanked Mr. Wiley and Arizona Rock Products Association (ARPA) members for participating in the work sessions pertaining to the items. He noted that continuing the items to December 13, 2017 should give enough time to address any questions. Motion was made by Director Hickman to continue the item to the December 13, 2017 meeting, seconded by Director Gates Director Gates concurred with Director Hickman’s comments. He noted the importance Formal Meeting Minutes Wednesday, November 08, 2017 Page 44 of 47 and his gratitude that everyone is willing to take another look at the items and make sure they are approved correctly. He respects the County process and the communication with the regulated community so continuing the items will assist to address all questions. Director Chucri concurred with Director Hickman’s comments. He noted he would like to make sure the items are approved correctly but he also would not like to drag the items into 2018. Chairman Barney noted the Board appreciates the work and feedback from Mr. Wiley. He noted his gratitude to ARPA for their support. The industry has been grateful for the opportunity to weigh-in through the Enhanced Regulatory Outreach Program (EROP) process. He asked how long the process has taken and asked Mr. Wiley to come forward to explain the process. Bill Wiley, Chief Engineer, Flood Control District, explained that the County is partially a regulatory agency that must meet mandates from the Federal Emergency Management Agency (FEMA) who delegates authority to Arizona Department of Water Resources (ADWR). The County is audited every three years and is asked to meet mandates. These items started with the audit over two years ago. The audit was completed last year and the County has been revising the items as part of the audit. Subsequently, there were changes to State Law and a task force was assembled that came up with additional recommendations. By combining all the elements together, the County is trying to accommodate the regulations for every entity. Recent questions regarding the regulations have prompted the request to continue the items to make sure the items are approved correctly. The County will still need to meet the audit but continuing the items for one month will give sufficient time to address the questions. Mr. Wiley thanked the Board for their support on the items. Director Hickman spoke on solidifying the support of a moratorium on rules and regulations as they affect the County. One of the things that occurred was that the County was able to make a stakeholder process and EROP which the County went forward on. He then asked Mr. Wiley to speak regarding the moratorium. Mr. Wiley responded that the County is not adding regulations as part of the moratorium. The County is simply making requirements of federal law which are allowed under the moratorium. The proposed regulations of items F-1 through F-3 will actually reduce fees and some of the requirements. The state requirement of the model ordinance that is used to audit all Flood Control Districts has come out subsequent to the County’s last rule process. This is what has prompted the continuance to make sure the County meets all requirements. Chairman Barney stated it has also given the County a chance to cleanup some of the regulations. It is an evolutionary process and he thanked Mr. Wiley for his work and leadership. He noted most of the input given has been addressed and the County is doing better at managing the regulations that protect the public but also allows businesses to continue running effectively. Chairman Barney asked if there was anyone from the public that would like to speak on the items. There were none. Chairman Barney read the following statement received by Steve Trussell, Executive Director of the Arizona Rock Products Association (ARPA), “while ARPA is pleased with the progress we made in working with Flood Control District on these issues over the past few years we’ve recognized that others continue to have concerns with the current Formal Meeting Minutes Wednesday, November 08, 2017 Page 45 of 47 draft and have requested additional time to work through these issues with the Flood Control District. ARPA has no objection to continuing the adoption of the final regulations for 30 days to give all concerned time to address those issues.” Chairman noted he is not sure what will happen in the next 30 days, but the request has been made to take one last look at the regulations before approving them. Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-2. RESOLUTION FCD 2018R002 2017 FLOODPLAIN REGULATIONS - FEE SCHEDULE Pursuant to A.R.S. §§48-3603 and §48-3609, convene the scheduled public hearing, to solicit comments and consider the adoption of and enforcement of Resolution FCD 2018R002 Fee Schedule. Upon the Flood Control District Board of Directors approval, these items will become effective November 8, 2017. Pursuant to A.R.S. §48-3603 and §48-3609 the Flood Control District Board of Directors are directed to adopt and enforce Resolution FCD 2018R002 Fee Schedule, and Resolution. The A.R.S. also directs the Flood Control District of Maricopa County (District) to provide floodplain management to communities that have elected not to assume their own floodplain management and all unincorporated areas within Maricopa County. It is the purpose of the Floodplain Regulations to comply with A.R.S. §48 3609 and 44 CFR Ch.1. et seq. (pertaining to the National Flood Insurance Program) to promote and protect the health, peace, safety, comfort, convenience, and general welfare of the residents within the jurisdictional area of Maricopa County, Arizona, to minimize public and private losses due to flood conditions in specific areas, and to enable Maricopa County and its residents to participate in the National Flood Insurance Program, receive Federal Disaster Assistance, obtain flood insurance and reduce the cost of flood insurance. The Floodplain Administrator, as designated by the Flood Control District Board of Directors shall be the Chief Engineer and General Manager of the Flood Control District of Maricopa County who shall administer, enforce, and amend the Fee Schedule for the Floodplain Regulations. This agenda item impacts all supervisorial districts. (C-69-18-011-6-02) Motion to continue the item to the December 13, 2017 meeting by Director Hickman, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-3. RESOLUTION FCD 2018R003 LICENSING TIME FRAMES FOR THE 2017 FLOODPLAIN REGULATIONS Pursuant to A.R.S. §§48-3603 and §48-3609, convene the scheduled public hearing, to solicit comments and consider the adoption of and enforcement of Resolution FCD 2018003 Licensing Time Frames. Upon the Flood Control District Board of Directors approval, these items will become effective November 8, 2017. Pursuant to A.R.S. §48-3603 and §48-3609 the Flood Control District Board of Directors are directed to adopt and enforce Resolution FCD 2018003 Licensing Time Frames. The A.R.S. also directs the Flood Control District of Maricopa County (District) to provide floodplain management to communities that have elected not to assume their own floodplain management and all unincorporated areas within Maricopa County. It is the purpose of the 2017 Floodplain Regulations to comply with A.R.S §48 3609 and 44 CFR Ch.1. et seq. (pertaining to the National Flood Insurance Program) to promote and Formal Meeting Minutes Wednesday, November 08, 2017 Page 46 of 47 protect the health, peace, safety, comfort, convenience, and general welfare of the residents within the jurisdictional area of Maricopa County, Arizona. To minimize public and private losses due to flood conditions in specific areas, and to enable Maricopa County and its residents to participate in the National Flood Insurance Program (NFIP), receive Federal Disaster Assistance, obtain flood insurance and reduce the cost of flood insurance. The Floodplain Administrator, as designated by the District’s Board of Directors shall be the Chief Engineer and General Manager of the District who shall administer licensing timeframes and amend the timeframes as needed. This agenda item impacts all supervisorial districts. (C-69-18-011-6-03) Motion to continue the item to the December 13, 2017 meeting by Director Hickman, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-4. IGA WITH MARICOPA COUNTY MUNICIPAL WATER CONSERVATION DISTRICT NUMBER ONE FOR RECONSTRUCTION OF BEARDSLEY CANAL AT MCMICKEN DAM OUTLET CHANNEL Approve Intergovernmental Agreement (IGA) FCD2018A002 between the Flood Control District of Maricopa County (District) and Maricopa County Municipal Water Conservation District Number One (MWD) for the design and construction of a new Beardsley Canal siphon and related canal improvements (Project [#202]). This IGA establishes responsibilities with respect to project design, rights-of-way, construction, and construction management. The reconstruction and location of the dam’s new emergency spillway, principal outlet and outlet channel will require the existing Beardsley Canal siphon to be relocated further east. MWD is the owner and lead agency for the reconstruction work. The District is solely responsible for all costs related to the modification, replacement and relocation of existing MWD facilities. The estimated total cost of the project is $5,949,788. The McMicken Dam, Outlet Channel and Outlet Wash were studied as part of the Wittmann Area Drainage Plan Update (Entellus 2004) and the McMicken Dam Project Alternatives Analysis (Entellus 2008). The studies’ recommendations included rehabilitation of the dam embankment, reconstruction of the dam’s emergency spillway and principal outlet, and reconstruction of the outlet channel. These items are herein collectively referred to as the McMicken Dam Rehabilitation Project. This Agenda Item impacts Supervisorial District 4. (C- 69-18-014-3-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, November 08, 2017 Page 47 of 47 F-5. IGA WITH THE UNITED STATES GEOLOGICAL SURVEY FOR WATER RESOURCES INVESTIGATIONS Approve Intergovernmental Agreement (IGA) FCD 2018A003, between the United States Geological Survey [Agreement #18MAZ03700 (USGS)] and the Flood Control District of Maricopa County (District), for the period of October 1, 2017 to September 30, 2018, to continue collecting data on local watersheds. The total cost of the IGA is $346,600. The District’s costs under this Agreement will be $205,000 with the USGS contributing the remaining $141,600. Payments from the District are to be made quarterly. This Agreement 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-69-18-015-3-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-6. 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. (C-06-18-193-7-00) A. White Tanks #4 – (Per Resolution # FCD 1999R016) – HL FCD Parcel #: TW4-31B – FCD Permit #: 2013P060 – APN 502-62-001N – Non-Exclusive Drainage Easement – from Flood Control District of Maricopa County to Arizona Water Company for the sum of $1,693.00. Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Denny Barney, Chairman of the Board ATTEST: ___________________________________ Debra Schaffer, Deputy Clerk of the Board