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Board Members Steve Chucri, Chairman, District 2 Bill Gates, Vice Chairman, District 3 Denny Barney, District 1 Clint Hickman, District 4 Steve Gallardo, District 5 County Manager Joy Rich "The mission of Maricopa County is to Clerk of the Board 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 40 Flood Control District 41 Library District 43 Stadium District 44 Board of Deposit No Meeting Wednesday, May 09, 2018 9:30 AM Formal Meeting Minutes Wednesday, May 09, 2018 Page 2 of 45 Chairman Chucri introduced Veronica Lumpkin, a Detective with the Phoenix Police Department. Supervisor Gallardo said Officer Lumpkin has been a great friend, she is one of the finest Detectives for the City of Phoenix and noted she is also a small business owner. He thanked Officer Lumpkin for her presence at public events held within District 5 where she can be found greeting the public. 1. INVOCATION - INVOCACIÓN Officer Veronica Lumpkin, a Detective with the Phoenix Police Department, offered the invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Officer Veronica Lumpkin, a Detective with the Phoenix Police Department, led the assemblage in the Pledge of Allegiance to the flag. 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, May 09, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; and Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; 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 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Jose Santiago, Maricopa County Animal Care and Control (MCACC), presented Swifty in honor of Taylor Swift who is currently in town. Swifty is a four year old stray that is considered a shelter superhero because her adoption fee will assist four other shelter animals. She is available for a $150.00 adoption fee at the West Valley Shelter located at 2500 S. 27th Avenue, Phoenix, AZ 85009. He said the shelter held an event on Saturday, May 5, 2018 and adopted out over 250 dogs from both shelters. The event was held to prepare the shelters for the summer months when it typically gets overcrowded. For information concerning adoptions, contact 602-506-PETS or visit www.pets.maricopa.gov. Formal Meeting Minutes Wednesday, May 09, 2018 Page 3 of 45 PRESENTATIONS - PRESENTACIÓNES 5. 2018 MARICOPA COUNTY STORMWATER POLLUTION PREVENTION POSTER CONTEST Presentation regarding the 2018 Maricopa County Stormwater Pollution Prevention Poster Contest. Marcella McDonald, Stormwater Program Supervisor Katrece Swenson, Stormwater Program Outreach Coordinator Presentation regarding the acknowledgement of 3rd-4th and 5th-6th grade winners of the 2018 Maricopa County Stormwater Poster Contest. The Board will present the winners of each grade category with a special award certificate. (C-88-18-010-P-00) Chairman Chucri introduced Marcella McDonald, Stormwater Program Supervisor and Katrece Swenson, Stormwater Program Outreach Coordinator. Ms. McDonald thanked the Board for the opportunity to present the County Environmental Services Department Stormwater Quality Program 2018 Stormwater Pollution Awareness Poster Contest. Stormwater runoff is the leading cause of water pollution in the United States. The goal of the annual poster contest is to raise awareness about stormwater pollution prevention through education and art. The poster contest theme was, “Be in the Stormwater Know: Where Does it Go?” She noted how proud the County is of the students who participated to express their knowledge and their creativity through their posters. Staff presented the stormwater program to 111 schools within 15 cities which resulted in 376 poster entries. Ms. Swenson thanked the following community members for sponsoring the program: Arizona State Parks, Desert Botanical Garden, County Library District, County Parks and Recreation, Phoenix Suns and Wildlife World Zoo and Aquarium. She thanked the teachers and schools for the support of the contest and for providing water pollution education. She thanked the families for their support of the students and thanked the artists for their submissions. The following students were recognized as the top poster winners within their respective grade: 3rd/4th Grade Category 4th 1st Place Jorge Castillo Stevenson Elementary Mrs. Johnson Grade 4th 2nd Place Leigha Cottam New River Elementary Mrs. Clover Grade 4th Paradise Valley 3rd Place Whitney Bagley Mrs. Noland Grade Christian Prep 5th/6th Grade Category Samantha 5th 1st Place Guzman Freedom Elementary Mrs. Mittler Grade Hernandez Kaelynn 5th Canyon Springs 2nd Place Mrs. Hansen Torcuato Grade Elementary Inezsiny Lyn 6th 3rd Place Kerr Elementary Mrs. Johnson Valenzuela Grade Formal Meeting Minutes Wednesday, May 09, 2018 Page 4 of 45 The Board congratulated all of the participants and awardees. A photo was taken with the Board and the contestant winners who were present. Ms. Swenson concluded the presentation by thanking the Board and stating the posters would be used in the educational calendars and showcased in the FY 2019 outreach campaign. It is their pleasure to continue the tradition of the outreach program in hopes of making sure that all waterways are clean and safe for the enjoyment and safety of everyone. 6. TOM MANOS OUTSTANDING SERVICE AWARD Presentation regarding the TOM MANOS OUTSTANDING SERVICE AWARD. In April of 2016, the Maricopa County Board of Supervisors created the Tom Manos Outstanding Service Award to recognize the legacy of public service left by retired County Manager Tom Manos. This includes his ability to achieve consensus on the most tenuous of issues; his service on a local and state level in budget and finance; his tireless work on behalf of the homeless; his support of regulatory reform; and his unwavering commitment to improving the justice system through Smart Justice. (C-20-18-003-P-00) Chairman Chucri explained that the presentation is for the Tom Manos Outstanding Service Award in honor of Mr. Manos who was a great County leader and for his outstanding service. Joy Rich, County Manager, stated two years ago the award was created to annually honor an employee who emulates the values and character that Tom Manos showed while he was the County Manager. Mr. Manos valued exceptional customer service and efficient government operations but he also was a constant servant to the community. His volunteerism continues today and that is what the award is all about. She said there were 21 individuals that were nominated by their supervisors or co-workers. Ms. Rich announced the 2018 recipient: Stephany Gallegos. Ms. Rich stated the following about Stephany Gallegos: She has served more than 16 years with Animal Care and Control and has trained nearly 85% of the field staff. She served in the Army National Guard from 2005 to 2013. She was deployed in 2009 to Irag during Operation Enduring Gratitude and earned a medal for her service. Today Ms. Gallegos serves on the Honor Guard for fallen officers throughout the nation and is Formal Meeting Minutes Wednesday, May 09, 2018 Page 5 of 45 affiliated with eight different organizations. In addition, Ms. Gallegos mentors children within the community on the importance of being upstanding citizens with integrity and selfless service through the Nightly Virtues Group. Finally, Ms. Gallegos assists in rebuilding homes for Veterans, partakes in history reenactments at libraries and schools, clog dances for Pound Animals In Need. Stephany Gallegos has distinguished herself as a County employee and a member of the community. Chairman Chucri called upon Tom Manos to present the award and thanked him for leading by example. Tom Manos thanked the Board and noted it was a pleasure to present the award. He spoke of a recent luncheon with Stephany Gallegos and stated she is an amazing person. She has an incredibly difficult job at Animal Care and Control. She is in a field truck all day and 90% of the citizens she visits are not happy to see her but she maintains that positive attitude, she continues to love to come to work and has a passion for the job. Helping people is hardwired with Ms. Gallegos and it made him think of all the wonderful County employees because public service is not the glitziest of businesses but it is a business that impacts people’s lives and Stephany Gallegos definitely does that. Mr. Manos presented the award to Stephany Gallegos and photos were then taken with the Board and County Manger. Chairman Chucri thanked Stephany Gallegos and applauded her for her work and commitment to Maricopa County. 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. GIRLE PROPERTY Case #: S2018010 Supervisor District: 1 Formal Meeting Minutes Wednesday, May 09, 2018 Page 6 of 45 Owner: David A. Girle Request: Resolution to abandon a 10’ Public Utility Easement (PUE)/Irrigation Easement due to proposed and existing structures within said easements Site Location: 2509 W. Loughlin Dr. Chandler, Arizona – Lot #53 of Caballos Ranchitos 2 subdivision Staff Recommendation: Approval (C-44-18-074-M-00) Planning and Development Staff approached to answer questions or concerns regarding items PZ-1 through PZ-5. Motion to concur with Planning Staff recommendation to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-2. WHITE TANK FOOTHILLS PHASE 2 INFRASTRUCTURE PLAT Case #: S2007002 Supervisor District: 4 Applicant/Owner: Coe Van Loo / Northern Citrus, LLP Request: Infrastructure Plat for Phase 2 (Parcels 11, 12, 13, 14, 15, 16, 17 and 18) Site Location: Generally located at the southeast corner of Perryville Road and Olive Avenue in the Surprise area Staff Recommendation: Approval (C-44-18-075-M-00) Motion to concur with Planning Staff recommendation to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-3. WHITE TANK FOOTHILLS PARCEL 17 Case #: S2007005 Supervisor District: 4 Applicant/Owner: Coe Van Loo / Northern Citrus, LLP Request: Final Plat containing 106 residential lots and 23 tracts in the R1-7 RUPD and Rural-43 zoning districts Site Location: Generally located at the southeast corner of Perryville Road and Olive Avenue in the Surprise area Staff Recommendation: Approval (C-44-18-076-M-00) Motion to concur with Planning Staff recommendation to approve by Supervisor Barney, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, May 09, 2018 Page 7 of 45 Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-4. WHITE TANK FOOTHILLS PARCEL 18 Case #: S2007006 Supervisor District: 4 Applicant/Owner: Coe Van Loo / Northern Citrus, LLP Request: Final Plat containing 124 residential lots and 15 tracts in the R1-6 RUPD and Rural-43 zoning districts Site Location: Generally located at the southeast corner of Perryville Road and Olive Avenue in the Surprise area Staff Recommendation: Approval (C-44-18-077-M-00) Motion to concur with Planning Staff recommendation to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo REGULAR AGENDA - AGENDA REGULAR PZ-5. YEARLING BEHAVIORAL HEALTH RESIDENTIAL FACILITY Case #: Z2016091 Supervisor District: 3 Applicant/Owner: Daniel Istrate, Kontexture, LLC / Tariq Rana Request: Special Use Permit (SUP) to operate a Behavioral Health Residential Facility for up to 16 residents Site Location: 512 W. Yearling Rd., approximately 330’ east of 7th Ave. on the north side of Yearling Rd. Commission Recommendation: On 4/12/18, the Commission voted 6-0 to recommend Denial of Z2016091. (C-44-18-073-M-00) Supervisor Gates asked that Planning and Development staff give an overview of the item. Darren Gerard, Deputy Director of Planning and Development, gave an overview of the facility which is situated on approximately 1.2 acres. The level of opposition to the special use permit has triggered a supermajority vote for approval. He gave a brief history of the item noting that the property has had confirmed land uses in the past as a group home for elderly care or elderly disabled care facility. Planning and Development staff acknowledge the site has never operated in conformance with current zoning. They have operated a group care facility as an institution-like use where the residents do not live in a single family-like or shared-household setting and residents are offered medical treatment for behavioral issues. The existing use is for 10 residents in a group care home and the applicant wishes to expand it to 16 residents as a behavioral group care facility. A group home is essentially a single family residence in an appropriate Formal Meeting Minutes Wednesday, May 09, 2018 Page 8 of 45 residential setting. A group care facility must be carefully located in rural residential zoning. It would be more appropriate adjacent to institutional facilities such as churches or other houses of worship. In this instance the existing single family residence sits closer to the north and west property lines. They received a variance a number of years ago as a single family residence but this type of setting makes it less appropriate to move the institutional use closer to these residences than normally even a residence would sit. There is accessibility concerns and the Planning and Development concerns were outlined in the report. He noted the Planning Commission has unanimously recommended denial of the special use permit request. Supervisor Gallardo asked for more detail on the location. Mr. Gerard responded it is 512 W. Yearling Road which is east of 7th Avenue and north of Happy Valley Road. Spencer Scharff, representative for the applicant, thanked the Board for giving him an opportunity to present for the applicant and Ascend Behavioral Health and Wellness, the operator of the group home. He noted the applicant was issued a group home approval in 2014 and 2017 for the property. In 2016, Ascend Behavioral Health and Wellness became the tenant. Ascend operates group homes for individuals with mental illness and is licensed as well as regulated by the Arizona Department of Health Services (ADHS). He spoke of a doctor, who inspected the property and is a staff member for the ADHS Division of Behavioral Health, who commented that it is one of the best group homes he has seen. He spoke of individuals with mental illness, their struggles, how Ascend Behavioral Health and Wellness assists the individuals and of the property owner’s desired use of the property. He said it is a moral obligation and legal obligation for the Board to approve the permit. Mr. Scharff noted the following objections that have been raised regarding the property and rebuttals to them: 1. The area is strictly rural single family residences. He noted commercial industrial operations that are operating in the RU-43 County Island and the specific types of businesses. (The inserted map shows this property and other commercial properties in the area.) Formal Meeting Minutes Wednesday, May 09, 2018 Page 9 of 45 2. Another objection is that the facility is in “a single family area and it is contrary to the intent and purpose of the Maricopa County Comprehensive Plan and Zoning Ordinance.” Mr. Scharff said the zoning ordinance outlines the principal uses for Rural 43 as “principal uses permitted in this zoning district includes both farm and non-farm animals, residential uses, farms, recreational and institutional uses.” A residential group care facility is thus consistent with the ordinance outlined principal uses. The most recent Maricopa County Comprehensive Plan Vision 2030 emphasizes the importance of consistent land use decisions. He referenced previously Board approved special use permits that are not consistent to the planning and zoning ordinance. He referenced the differences between behavioral health inpatient and facility definitions. He noted permissible uses and requested the Board approve a reasonable accommodation under the Fair Housing Act. The approval would consist of a special use permit for a Behavioral Health Residential Facility for up to 10 residents at the location. Chairman Chucri asked for clarification of the change from 16 residents to 10 residents. Mr. Scharff responded they are trying to be as reasonable as possible, appreciate the significant concerns from the neighborhood and would like to be good stewards as neighbors. Chairman Chucri noted the following residents who registered in opposition, but did not wish to speak: Cliff Cyphers Karie Engstler James Bellinger Abe Schlabach Julia Gunter Mary Schlabach Linda Kelly Karen Cyphers, resident, spoke in opposition of the item and noted inaccuracies in the application submitted as well as the following site plan discrepancies: a sidewalk is noted when in fact it is a dirt path and pavers; staff parking in existing garage when in fact all employees and guests park in the 33 foot road easement; nine bedrooms identified on the floor plan with eight used by clients and one by staff when in fact one Formal Meeting Minutes Wednesday, May 09, 2018 Page 10 of 45 bedroom is utilized by Peter Duah, a renter who does not work at the facility. She asked that the applicant request be denied and the house return to the six bed group home status for RU-43. Supervisor Gates asked Ms. Cyphers her opinion on the applicant change of request to a 10 bed facility. Ms. Cypers stated she is still in opposition. Doug McCarthy, resident, spoke in opposition to the item. He noted the services that are provided at the facility do not fall under the guidelines of a group home nor does the neighborhood have the infrastructure to support the usage. He noted documented concerns from community residents and they oppose the continued operation of the facility. The community residents agree with the Planning Commission recommendation of denial of the applicant’s request. He showed photos of the facility noting the following issues: limited roadways, poor drainage, no street lighting, no municipal water and impassable roads in cases where the fire department has access difficulties. He thanked the Board for their time. Robin McDermott, resident, spoke in opposition to the item. She said everyone within the community utilizes a well system and noted many of the wells have gone dry. Adding any group home, whether it be 10 or 16 beds, is a strain on the aquifer. Residents are already hauling water in. To have a facility with 10-16 patients, staff and the renter is a lot of individuals on 1.2 acres in a residential area. The residents in the area pool funds together to pave the roads as they are not maintained by a municipality or county. The added traffic has caused substantial strain, and there has been no discussion or concession from the applicant to contribute to funding the paving of the roads. She noted she has a special needs child on a ventilator and is aware of the consequences of when the power goes out in the area. She described the power outage issues and said the issues should be considered with a request for a facility housing 10-16 patients. She said the septic systems were developed 14 years ago for single family residents which do not accommodate a facility housing 10-16 patients, staff and others. She pointed out that one of the facilities that the applicant representative compared this application to is located in Wickenburg, Arizona, and it contains 43 acres, not 1.2 acres in a residential area. Not all things which appear equal are in fact equal. Pam Letner, resident, spoke in opposition to the item. She stated she has been a resident since 1980 and noted her concerns due to no municipal water or sewer service in the area. There is no fire protection for the area. She said the residents pay for the maintenance of roads, however, there is a lot of area between homes that is dry and susceptible to fires, which are a major concern of the residents. She explained the dynamics of the access roads to the residential roads. Supervisor Gates asked Mr. Scharff to approach to respond to residents’ concerns or comment on additional items for the Board to consider. Mr. Scharff stated the ordinance allows a group home for 10 residents by right. To the extent that there are objections concerning the impacts of having a 10 resident group home on water wells, etc., should be taken into account, but should not trample the property rights of his clients as they have the right to have 10 residents at the property. He stated his clients are willing to limit the number of vehicles accessing the property at one time as they would like to be good neighbors. He noted the applicants are not asking to install a sign as they do not intend to, and do not want people to know that the property is a different type of home. He noted other commercial operations in the county island have signs that indicate the type of commercial operation located on the property. He noted it is important as zoning is about the residential appearance and the Formal Meeting Minutes Wednesday, May 09, 2018 Page 11 of 45 applicants are not asking to change the residential appearance. It is a matter of whether individuals with mental illness can use the property, live there and call it their home. He stated the Board is attuned to property rights of individuals that should not be trampled, and his clients feel their rights have been trampled. He noted the Bill of Rights that are associated with County regulations and stated the County should never initiate discussions about waiving those rights. That is something that occurred with Planning and Development by asking the clients to waive their right to have notice of inspections as part of a compliance agreement. He noted serious concerns about the issue as the Board must have concerns as well. Supervisor Barney noted there is a distinction of what is allowed under the statutes and noted there is a difference between a 10 person group home for elderly or disabled and a 10 person behavioral health home. He asked Planning and Development staff to explain the distinction as one requires a special use permit and one does not, but what is the distinction in utilization. Mr. Gerard concurred with Supervisor Barney’s comment that one is a single family like setting where the residents are living together as a single housekeeping unit while the other uses treatments. The residents do not live together as they would live together as an institutional unit. They may not have free association and there are several factors that are considered in determining if it’s a single housekeeping unit. A single family-like setting/housekeeping unit also requires a long term setting which Planning and Development looks at as being a one-year period. It is not as if someone is placed there for a short duration of a couple of months. Again, the group home is a permitted use in RU-43 and does not require a special use permit. There would be no reason for a special use permit for approval if they were to operate a group home for 10 or fewer. If they are going to operate for more than 10 residents or a group care facility where there is treatment, shorter term duration, and institutional or a non-single housekeeping setting this would require a special use permit. Supervisor Barney asked if the 55 and older condition in the statute for a group home is for minors, disabled or elderly. He asked where the drug rehabilitation center fits in and if it fits under a group home designation or does it fit under a behavioral health facility. That is the fine distinction that the Board needs to understand. Carol Johnson, Director of Planning and Development, stated it does qualify for handicapped individuals. Handicapped status falls under that provision for group home status. Supervisor Barney asked about the age limitation. Ms. Johnson responded that age is not a factor. It really has to do with how the residents are living, for what duration, the type of setting and what activities take place in the home. Through the investigation the department learned the applicants have used this home as a “central” location. When they have group outings, residents from other homes they own are brought to this location. Those that do not go on the outing are left at this location. They also have staff meetings at the location. All of those type of operational characteristics are not consistent with a group home but are consistent with a group care facility. Mr. Scharff clarified it is not a drug rehabilitation facility as it is classified as a behavioral health residential facility. The important point is the ordinance requires that anyone operating a group home, by right, needs a license by the state. The applicant has repeatedly asked the department to identify the appropriate license for a residential group home for people with a mental illness. The only state license, least restrictive in the residential-like setting, is a behavioral health residential facility. Now the department has said that because that license requires treatment it cannot be, by right, Formal Meeting Minutes Wednesday, May 09, 2018 Page 12 of 45 a group home. Because of this, it appears that the group home ordinance does not allow individuals with mental illness as a qualified disability to live in a group home. If the County is aware of the license that would be appropriate, the applicant would gladly seek the license. Ms. Johnson asked that Wayne Peck, Deputy County Attorney, be allowed to speak on the issue. Mr. Peck stated he would address three legal issues. The first is the license. The ordinance does not require a license if the State funds the residents. He further explained that if all of the residents were funded through the State and the residence was a group home it would satisfy the requirement. As for the property rights, in Maricopa County, if each member of the household is related, you qualify as a single family. If you are an unrelated group and no more than five living in a single family housekeeping unit, which has the characteristics of being a single family, then you can occupy a single family residence by right. All of this relates to the use of the property, which the ordinance is focused upon. As far as requirements related to the disabled or the handicapped, the ordinance goes further and says if you are handicapped, you can have up to 10 unrelated people; but again they have to live as a single housekeeping unit. A behavioral health institution does not have those requirements and this facility is licensed as a behavioral health institution. As a behavioral health institution its use is outside of the requirements of the ordinance and a special use permit, which is a discretionary legislative decision, is required. Mr. Scharff stated that the Fair Housing Act requires the County to provide reasonable accommodations to allow people with disabilities the same rights that people without disabilities would have to housing. Mr. Peck explained that in the context of zoning, it means that if a ramp must be installed to enter the premises and the setback in the ordinance is 30 feet yet the ramp is within 20 feet, it would be a reasonable accommodation to make. The Fair Housing Act specifically provides that it does not take away the Board’s ability to zone. In other words, the Board does not have to grant a use that is inappropriate in a particular residential area because of the fact that the residents are handicapped. Supervisor Hickman questioned if the use of the wording “long term” is a County term or if it is statutory. Mr. Gerard stated the wording is stated in the ordinance and per directive it is viewed as a period of at least 12 months or greater. Supervisor Gates thanked everyone who presented. He noted it was helpful in giving the Board the information needed to make a decision. He thanked Mr. Peck for clarification from a legal standpoint and getting the Board focused on the fact that it is a zoning decision. There are many residents in opposition to the item; it has been made clear that 10 individuals can be there in a specific situation. This particular request is for a special use permit for a behavioral health residential facility. He has visited the location and the photos shown during the presentation reflected the beautiful area that is a rural location. He noted the proximity to the City of Phoenix and Deer Valley Airport but it is rural. He looked at the facts regarding long track record of non-conformance at the location, and has taken it into consideration as it relates to future activities and performance by the applicant. His decision is based on the information presented and the many comments of opposition from those present, phone calls and emails received regarding the item. Supervisor Gates made a motion to concur with the Planning Commission recommendation to deny the request for a Special Use Permit (SUP) to operate a Behavioral Health Residential Facility, case Z2016091. Motion was seconded by Supervisor Barney. Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 09, 2018 Page 13 of 45 STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 7. 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. AGENT CHANGE AND ACQUISITION OF CONTROL FOR RAVEN'S VIEW Pursuant to A.R.S. § 4-202(C) and 4-203(F), approve an application filed by Kymberly Michelle Westhoff for an Agent Change and Acquisition of Control from Thomas Vernon Rawles for the Raven's View at 42016 North Old Mine Road, Cave Creek, Arizona 85331. (AZ 07076008) (Supervisorial District 2). (C-06-18-381-L-00) Chairman Chucri asked the Clerk if there were any registered speakers regarding items 7.a. through 7.b. and there were none. Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. SPECIAL EVENT LICENSE FOR SCW BOOMERS CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Lisa Carmela Vines for SCW Boomers Club at 14401 R.H. Johnson Boulevard, Sun City West, Arizona 85375 to be held on Sunday, May 13, 2018 from 8:00 am to 12:00 pm (Supervisorial District 4) (C-06-18-431-L-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo ~ Fran McCarroll, Clerk of the Board, left the meeting ~ ~ Debra Schaffer, Deputy Clerk of the Board, entered the meeting ~ Transportation – Transportación 8. 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. A562 Convene a hearing for Road File No. A562 to Open and Declare the following described alignment into the County Transportation System. Formal Meeting Minutes Wednesday, May 09, 2018 Page 14 of 45 Therefore, pursuant to provisions in A.R.S. A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A562. 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: Olive Avenue and Sarival Avenue and in Unincorporated Maricopa County. Supervisory District No. 4) (C-64-18-109-M-01) Chairman Chucri asked the Clerk if there were any registered speakers regarding items 8.a. and 8.b. and there were none. Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. ROAD FILE NO. A563 Convene a hearing for Road File No. A563 to Open and Declare the following described alignment into the County Transportation System. Therefore, pursuant to provisions in A.R.S. A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A563. 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: Miller Road and Tonopah-Salome Highway and in Unincorporated Maricopa County. Supervisory District No. 4) (C-64-18-108-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Animal Care and Control Services 9. PUBLIC HEARING TO ADJUST FEES FOR MARICOPA COUNTY ANIMAL CARE AND CONTROL Pursuant to A.R.S. §11-251.08 and §11-251.03, convene the scheduled public hearing, to solicit comments and consider the adoption of proposed changes to the Maricopa County Animal Care and Control Fee Schedule. The License Fees for Altered Dog will increase from the June 1, 2018 fee of $21 to $22 effective July 1, 2019. Also upon Board approval, authority is granted to the Animal Care and Control Director and/or designee to waive fees as needed according to established procedures and guidelines. These instances may be due to overcrowding, the possibility of wide-spread disease, and donated and/or sponsored fees. Upon Board approval, this item will become effective June 1, 2018. (C-79-18-119--00) By this action, the Department wishes to: 1. Adjust the Adoption – Sliding Scale (Dogs and Cats) fee from the current $0 - $150 to $0 - $300. 2. Delete the Exchange Fees for Dogs and Cats 3. Increase the License – Altered Dog and Unaltered Dog fees to $21 and $55 respectively. Increase the Altered Dog License fee to $22 on July 1, 2019. Formal Meeting Minutes Wednesday, May 09, 2018 Page 15 of 45 4. Increase the License – Altered Dog for Senior Person from $6 to $10. 5. Increase the License – Duplicate fee from $4 to $5. 6. Increase the License – Transfer of Ownership fee from $4 to $5. 7. Increase the License Penalty – Altered from $2 to $3 per month. 8. Increase the License Penalty – Unaltered from $4 to $6 per month. 9. Add two fees: License via Web for Altered Dog and Unaltered Dog at $19 and $50 respectively. 10. Adjust the Microchip Fee from $25 to a sliding scale of $0 to $25. 11. Adjust the Impound – Third Offense or More fee from $45 to $90. 12. Adjust the Owner Relinquishment fee from $51 to a sliding scale of $0 to $75. 13. Adjust Rabies Vaccination Clinic fee from $20 to a sliding scale of $15 - $25. 14. Adjust 4-1 Dog Vaccination fee from $23 to a sliding scale of $15 – $25. Rename the fee to DA2PP Vaccination. 15. Add Euthanasia – Owner Witnessed fee of $100. 16. Adjust the Parasite Control fee from $14 to a sliding scale of $14 to $50. 17. Adjust the Kennel Permit fee from $328 to $350. Chairman Chucri asked the Clerk if there were any registered speakers regarding item 9 and there were none. Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO County Attorney - Procurador del Condado 10. EXEMPTION FROM MARKINGS OF REPLACEMENT FLEET VEHICLE Pursuant to A.R.S. § 38-538-03 and §28-2511(A), approve the issuance of non- governmental license plates and exemptions from county markings for five (5) undercover vehicles. These vehicles are replacing five (5) vehicles that were used for law enforcement investigative purposes. Vehicle details and identification numbers will be kept on file with the Clerk of the Board's office in accordance with LAPR retention guidelines. These vehicles were purchased in accordance with Maricopa County’s vehicle replacement process. The replacements were acquired using General Government (D470) General fund (100) monies through the Equipment Services department. The County Attorney agrees to reimburse General Government Equipment Services for any applicable cost differences of upgrading the class of vehicle from that of the one it replaced. The replacements were deemed critical by equipment services due to excessive mileage and/or the age of the vehicles which made it cost prohibitive to acquire replacement parts with which to maintain them. As this action involves the replacement of existing vehicles in the fleet, therefore expenditures for the operation and maintenance of the vehicles will continue to be absorbed by the County Attorney's general fund budget with zero net impact. As the vehicles being replaced are currently exempt from markings and governmental Formal Meeting Minutes Wednesday, May 09, 2018 Page 16 of 45 license plates, the Maricopa County Attorney's Office requests that the replacement vehicles also be exempt from County markings and issued regular Arizona license plates as provided in accordance with A.R.S. § 38-538.03 and A.R.S. § 28-2511(A). This will ensure that they can be used in furtherance of their law enforcement mission. (C-19-18- 054-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 11. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE Pursuant to A.R.S. § 11-409, approve the official appointment of the following deputies and assistants of the Maricopa County Attorney. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231. March 26, 2018 Karl Martin – Detective April 9, 2018 Katherine Enriquez – Detective Anthony Hibbing – Detective Ruby Rios – Advocate April 16, 2018 Jennifer Davis – Executive Receptionist Allyson Primack – Attorney April 23, 2018 John Kozeliski – Detective Ira Williams – Lieutenant Natasha Williams – Legal Support Clerk Debbie Wunderly – Legal Support Clerk The County Attorney is an Officer of the County, as enumerated in A.R.S. § 11-401, and pursuant to A.R.S. § 11-409, such an enumerated County Officer may appoint deputies and assistants with the consent of the Board of Supervisors. (C-19-18-053-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Elections - Elecciones 12. CANVASS OF THE SPECIAL GENERAL ELECTION HELD ON APRIL 24, 2018 FOR CONGRESSIONAL DISTRICT 8 Canvass the election returns for the April 24, 2018 Special General Election in accordance with the Official Results prepared by the Maricopa County Elections Department. The Maricopa County Elections Department has prepared the Official Returns from all county precincts, declaring the vote for the Special General Election held on April 24, 2018 Formal Meeting Minutes Wednesday, May 09, 2018 Page 17 of 45 The Elections Department requests that the Board of Supervisors canvass these returns and approve the Official Canvass for this election pursuant to A.R.S. §16-642. The Board of Supervisors is required to canvass these returns within twenty days following the Special General Election. The Official Canvass is on file with the Clerk of the Board of Supervisors and retained in accordance with ASLAPR approved retention schedule. (C-21-18-005-7- 00) Chairman Chucri recognized the presence of Adrian Fontes, County Recorder and noted his appreciation of the work done on the item. Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Supervisor Hickman thanked the Elections Department for the tireless, hard work done on the item. He noted the compressed timeline and his appreciation for the Boards work on the item. He said the election went well. Supervisor Gallardo echoed Supervisor Hickman’s statement. He said it was a good sign that there were only 138 provisional ballots that were not valid. He noted the number of out of precinct voters shows that ballot-on-demand works and assists in reducing the number of provisional ballots. He thanked the Elections Department for their work on the item and noted the compressed timeline. Supervisor Gates echoed previous comments and noted his gratitude. It was a challenging and unforeseen situation. He said was a good outlook to the elections in a few months. Ayes: Barney, Chucri, Gates, Hickman, Gallardo Sheriff - Alguacil 13. RESCIND ACTION TO ACCEPT FUNDING FROM THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR PROJECT AUTOMATED LICENSE PLATE RECOGNITION Rescind action taken on February 21, 2018 to approve a Subgrantee Agreement – Reallocation and acceptance of up to $84,000 in grant funding from the Arizona Department of Homeland Security (AZDOHS) for Homeland Security Grant Program, Project Automated License Plate Recognition (ALPR) -160812-05. Funding for this project was originally requested in FY 2016. Changes in departmental priorities and resource allocation prevent MCSO from moving forward with this project. The Grantor has been notified. (C-50-18-049-G-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO Assistant County Manager - Sub Directora de Condado - Shelby Scharbach 14. NON-OBJECTION LETTER FOR FOREIGN TRADE ZONE BOUNDARY EXPANSION FOR CONAIR CORPORATION Formal Meeting Minutes Wednesday, May 09, 2018 Page 18 of 45 Approve a “non-objection” letter for the application for the inclusion of Conair Corporation. – Parcel Numbers 142-59-073 and 142-59-074 as a Foreign Trade Zone (FTZ) site within the Greater Maricopa Foreign Trade Zone, Inc.’s General-Purpose Zone No. 75A; and authorize the Chairman to sign said “non-objection” letter. The letter will be directed to the Foreign Trade-Zone Board, U.S. Department of Commerce. (C-94-18-011-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 15. AMENDMENT TO LICENSE AGREEMENT WITH CITY OF PHOENIX FOR AIR QUALITY MONITOR AT DEER VALLEY AIRPORT Approve Amendment No. 1 Non-exclusive License Agreement with City of Phoenix to execute Option to Exercise First Renewal Period to Right of Entry and Access Agreement (P-50263) for Air Quality Monitor at Phoenix Deer Valley Airport, 702 West Deer Valley Road, Phoenix, AZ 85027. The Agreement will allow the County Air Quality Department continued use of the site for air quality monitoring purposes for a term of one (1) year. The term retroactively commenced March 11, 2018 and expires March 10, 2019, unless terminated earlier as provided in the Agreement. This is the first of two (2) one (1) year extensions by mutual agreement of the Parties. There is no cost to the County. Either Party may terminate the Agreement with a 90-day notice to the other party. (C-85-15-019-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 16. NEW HOPE AGREEMENT WITH GHOST TOWN DOGS 1, INC. D/B/A GHOST TOWN DOG RESCUE Approve an agreement between Ghost Town Dogs 1, Inc. d/b/a Ghost Town Dog Rescue and Maricopa County, through Maricopa County Animal Care and Control, to allow Ghost Town Dog Rescue, under the New Hope Program, to transfer animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag, and new owner transfer fee within the first year of transfer for each dog three months of age or older at no cost to the Contractor. The cost for these services is $55 for each animal transferred. Animal Care and Control estimates 47 New Hope transfers over the term of the agreement for a total of $2,585. The term of this agreement is June 1, 2018 through May 31, 2019. (C-79-18-133-3-00) Formal Meeting Minutes Wednesday, May 09, 2018 Page 19 of 45 Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 17. NEW HOPE AGREEMENT WITH TRINITY PAWS, AZ DOG ADOPTIONS, LLC Approve an agreement between Trinity Paws, AZ Dog Adoptions, LLC and Maricopa County, through Maricopa County Animal Care and Control, to allow Trinity Paws, AZ Dog Adoptions, LLC, under the New Hope Program, to transfer animals that have been deemed eligible for the program. Maricopa County will provide a rabies vaccination, dog license tag, and new owner transfer fee within the first year of transfer for each dog three months of age or older at no cost to the Contractor. The cost for these services is $55 for each animal transferred. Animal Care and Control estimates 1080 New Hope transfers over the term of the agreement for a total of $59,400. The term of this agreement is June 1, 2018 through May 31, 2021. (C-79-18-134-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 18. IGA WITH THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY FOR ANIMAL CONTROL SERVICES Approve an Intergovernmental Agreement (IGA) between Maricopa County, through Maricopa County Animal Care & Control, and the Salt River Pima-Maricopa Indian Community (SRPMIC) for Animal Control Services. This IGA is effective from the date of execution through September 30, 2022, for services from October 1, 2017 through September 30, 2022. SRPMIC has requested to contract for five (5) years with Maricopa County Animal Care & Control for basic animal control field services. SRPMIC agrees to pay $17,159 for services as set forth in Appendix B of the IGA, based on full cost recovery for the actual level of services for the initial fiscal year. For the remaining fiscal years payment from SRPMIC will be based on full cost recovery and will be adjusted according to field service levels and budgets for those years. (C-79-18-135-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 19. IGA WITH SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY FOR SHELTER SERVICES Approve an Intergovernmental Agreement (IGA), between Maricopa County, through Maricopa County Animal Care & Control, and the Salt River Pima-Maricopa Indian Community (SRPMIC) for shelter services. This IGA is effective from the date of execution through September 30, 2022, for services from October 1, 2017 through September 30, 2022. (C-79-18-128-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Budget Office - Oficina de Presupuestos 20. MOU BETWEEN BUDGET OFFICE AND HUMAN SERVICES Approve a Memorandum of Understanding (MOU), between the Maricopa County Budget Formal Meeting Minutes Wednesday, May 09, 2018 Page 20 of 45 Office and Maricopa County Human Services Department, that allows the Budget Office to compensate Human Services for time spent providing case management services through their SAIL program for the County Residual Care program that the Budget Office administers. (C-49-18-040-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Contract Counsel - Abogado de Contrato 21. EXEMPTION FROM VEHICLE GOVERNMENTAL DECALS AND PLATES FOR OFFICE OF THE PUBLIC DEFENDER Pursuant to A.R.S. 38-538-03 and §28-2511(A), approve the issuance of non- governmental license plates and exemption from county markings for one 2018 Ford Focus. This replacement vehicle, 211802, will be used for felony case investigation, witness interviews, and crime scene investigation. The nature of these activities requires the vehicle be unmarked. A detailed cross-referenced list of vehicle identification numbers is kept on file with the Clerk of the Board of Supervisors office in accordance with LAPR retention guidelines. (C-52-18-001-V-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 22. EXEMPTION FROM VEHICLE GOVERNMENTAL DECALS AND PLATES FOR PUBLIC DEFENSE SERVICES Pursuant to A.R.S. 38-538-03 and §28-2511(A), approve the issuance of non- governmental license plates and exemption from county markings for two 2018 Ford Focus. These replacement vehicles, 211803 and 211804, will be used by departmental Process Servers primarily to serve legal documents for the indigent defense offices. The nature of these activities requires the vehicles to be unmarked. A detailed cross-referenced list of vehicle identification numbers is kept on file with the Clerk of the Board of Supervisor's office in accordance with the LAPR retention guidelines. (C-56-18-007-V-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Equipment Services - Servicios de Equipo 23. TRANSFER FORKLIFT FROM MCSO TO ELECTIONS DEPARTMENT Approve the following: A) The transfer of forklift 537, a 2016 Hyster Forklift from Detention Fund(255) to General Fund (100). B) A one-time Operating Transfer of $27,000 from the General Fund (100) to the Detention Fund (255). This action can be absorbed within the current FY2018 Equipment Services (D740) Replacement General Fund (100) Operating (OPER) budget appropriation. Forklift 537 no longer meets the requirements for the Sheriff's Office. This forklift will replace the Elections Department forklift 521 that was identified as replacement eligible through General Fund replacement program. (C-74-18-005-V-00) Formal Meeting Minutes Wednesday, May 09, 2018 Page 21 of 45 Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Finance - Finanzas 24. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 04/06/2018 through 04/19/2018, from the operating funds to clearing funds including payroll, journal entries, allocations, loans, and paid claims and authorize the issuance of the appropriate related warrants. Pursuant to A.R.S. §11-217(D) and A.R.S. §11-623, said warrants and claims are on file in the Clerk of the Board’s office and retained in accordance with LAPR approved retention schedule. (C-06-18-426-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Resources - Recursos Humanos 25. REVISIONS TO POLICY B7020 - ATTORNEY LOAN REPAYMENT ASSISTANCE Approve the revisions to the Maricopa County Attorney Loan Repayment Assistance policy B7020, effective March 28, 2017, as approved by the County Manager. These revisions removed reimbursements under the program being subject to deductions by the Arizona State Retirement System (ASRS). This policy was originally approved by the Board on February 24, 2010 (C-49-10-035-6- 00), and modified on April 24, 2013 (C-31-13-015-6-00) and on December 9, 2015 (C-16- 016-6-00). The County Manager approved the modifications contained current version of the policy on March 28, 2017. (C-06-18-392-6-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 26. EMPLOYEE DISCOUNT VENDOR DONATION In accordance with the County’s Policy for Receiving Donations (A2508), approve and accept a cash donation of $1,828.87 from the Smart Circle International LLC. After Board approval and acceptance of these donations, the total amount will be deposited into the County’s General Fund. The Smart Circle International LLC is a member of the Employee Services Management Association (ESMA) of Greater Phoenix, a nonprofit association that serves as the County’s employee discount program. The County’s relationship with ESMA was originally approved by the Board on the 10/30/2000 agenda (C-31-01-015-8-00). With every employee discount purchase made by County employees, the Smart Circle International LLC makes a donation to the County. (C-31-18-044-6-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 27. 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 Formal Meeting Minutes Wednesday, May 09, 2018 Page 22 of 45 compensation Market Ranges previously approved by the Board of Supervisors and approve the addition and/or replacement bi-weekly stipends for management/professional assignments (MPA) based upon the employee’s full-time equivalent (FTE) status. (C-31- 18-043-6-00) Salary Range Updates: Administrative Supervisor: $21.00-$33.45 ($43,680-$69,576) Administrative/Operations Specialist: $14.89-$24.00 ($30,971-$49,920) Air Quality Engineer: $31.30-$45.20 ($65,104-$94,016) Air Quality Engineering Supervisor: $37.95-$55.55 ($78,936-$115,544) Audit Appraisal Supervisor: $30.00-$42.90 ($62,400-$89,232) Bailiff: $13.40-$22.15 ($27,872-$46,072) Call Center Representative: $13.40-$22.40 ($27,872-$46,592) Call Center Supervisor: $21.00-$33.45 ($43,680-$69,576) Clerk of Board Assistant: $16.92-$24.00 ($35,194-$49,920) Clerk of Board Management Assistant: $21.45-$30.00 ($44,616-$62,400) Clerk of Board Specialist: $14.10-$22.40 ($29,328-$46,592) Communications Manager (Criminal Justice): $36.65-$56.00 ($76,232-$116,480) Conference Officer: $18.75-$31.85 ($39,000-$66,248) Criminal Intelligence Supervisor: $29.55-$44.50 ($61,464-$92,560) Development Services Supervisor: $21.00-$33.45 ($43,680-$69,576) Development Services Technician: $13.40-$22.40 ($27,872-$46,592) Development Services Technician Senior: $14.89-$24.00 ($30,971-$49,920) Emergency Services Planner: $21.65-$37.95 ($45,032-$78,936) Emergency Services Planner Senior: $30.00-$42.74 ($62,400-$88,899) Engineer: $31.30-$45.20 ($65,104-$94,016) Engineer Associate: $26.20-$39.50 ($54,496-$82,160) Engineer Associate Senior: $29.15-$42.30 ($60,632-$87,984) Engineer Senior: $35.50-$51.20 ($73,840-$106,496) Engineering Drainage Manager: $39.35-$57.15 ($81,848-$118,872) Engineering Manager: $40.80-$58.75 ($84,864-$122,200) Engineering Supervisor: $37.95-$55.55 ($78,936-$115,544) Finance Support Supervisor: $24.35-$43.00 ($50,648-$89,440) Grant/Contract Administrator: $21.00-$35.95 ($43,680-$74,776) Grant/Contract Administrator Supervisor: $26.00-$43.00 ($54,080-$89,440) Human Resources Support Supervisor: $23.75-$43.00 ($49,400-$89,440) Judicial Staff Supervisor: $21.00-$33.45 ($43,680-$69,576) Justice System Clerk: $13.40-$22.40 ($27,872-$46,592) Justice System Clerk Associate: $12.75-$20.70 ($26,520-$43,056) Justice System Clerk Senior: $14.89-$24.00 ($30,971-$49,920) Justice System Supervisor: $21.00-$33.45 ($43,680-$69,576) Office Assistant Specialized: $13.40-$22.40 ($27,872-$46,592) Payroll Specialist (County): $19.25-$27.30 ($40,040-$56,784) Payroll Specialist Lead (County): $21.75-$30.75 ($45,240-$63,960) Payroll/Time and Labor Specialist: $20.50-$29.00 ($42,640-$60,320) Program Coordinator:$18.64-$35.00 ($38,771-$72,800) Recruiter: $20.00-$31.15 ($41,600-$64,792) Reprographic Technician: $13.90-$20.60 ($28,912-$42,848) Risk Environmental Analyst Senior: $31.00-$43.75 ($64,480-$91,000) Risk Management Manager: $35.95-$52.85 ($74,776-$109,928) Safety Associate: $20.30-$28.95 ($42,224-$60,216) Safety Specialist: $25.35-$40.65 ($52,728-$84,552) Vital Records Specialist: $13.40-$22.40 ($27,872-$46,592) Vital Records Supervisor: $21.00-$33.45 ($43,680-$69,576) Formal Meeting Minutes Wednesday, May 09, 2018 Page 23 of 45 Salary Ranges To Inactivate: Budget Administrator: $39.64-$58.25 ($82,451-$121,160) Employee Records Specialist: $13.40-$22.15 ($27,872-$46,072) Employee Records Supervisor: $22.80-$33.32 ($47,424-$69,306) Managing for Results Facilitator: $25.41-$36.36 ($52,853-$75,629) Water Quality Supervisor**: $28.29-$40.45 ($58,843-$84,136) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Services - Servicios Humanos 28. RESCIND AND APPROVE IGA WITH CITY OF SCOTTSDALE FOR PROGRAM YEAR 2016 HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS Rescind action taken by the Board of Supervisors on January 11, 2017 to enter into an Intergovernmental Agreement with the City of Scottsdale, a member of the Maricopa HOME Consortium. Approve an IGA with City of Scottsdale. The purpose of the IGA is for the County through its Human Services Department to provide the City of Scottsdale with HOME Investment Partnerships Program funds in the amount not-to exceed $219,957 to purchase and rehabilitate one new permanent, affordable rental home, including administration costs. The term of the IGA is from May 9, 2018 to September 30, 2019. The original agreement was forwarded for signature, but the document was not returned. The original agreement is replaced with a new IGA and Scope of Work. This agreement does not impact the County General Funds. Supervisory District: 2 (C-22- 17-044-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 29. AMENDMENT TO LEASE AGREEMENT WITH BAR/JCR PHX FLEX INVESTORS, LLC Approve, and authorize the Chairman to execute, Amendment No. 7 to Lease No. L-7330 with BAR/JCR PHX Flex Investors, LLC, a Delaware Limited Liability Company (Lessor), for 10,623 square feet of office/classroom space located at 2150-1 South Country Club Drive, Mesa, Arizona (Premises). The Landlord has need of County space to accommodate another suite. The County will acquiesce and gain 66 square feet of storage space and be moved with all associated improvements at no cost to the County. Amendment 7 will increase the Premises by 66 square feet and extend the term of the current lease by 20 months, expiring June 30, 2021. The existing rate of $18.50/sf plus rental tax will remain the same until increased for the last 18 months to $19.50/sf plus rental tax. The County will receive one month gratis rent consideration for accepting the move request. County may terminate the lease pursuant to A.R.S. § 38-511 or for non-availability of funds. All other terms and conditions of the original agreement, as modified by subsequent lease amendments, remain the same and in full force and effect. (C-22-03-110-4-08) Formal Meeting Minutes Wednesday, May 09, 2018 Page 24 of 45 Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Parks and Recreation - Parques y Recreación 30. IGA WITH THE ARIZONA GAME AND FISH COMMISSION RELATING TO MARICOPA COUNTY PARKS Approve an Intergovernmental Agreement between Arizona Game and Fish Commission (AG&F) and Maricopa County that will allow the County and AG&F to work collaboratively for the common purpose of maintaining, improving and managing outdoor recreation opportunities and wildlife resources and their habitat and educating the public. This Agreement will enable the County, through its Parks and Recreation Department, to work cooperatively with the AG&F for maintaining, improving and managing outdoor recreation opportunities and wildlife resources and their habitat and educating the public regarding the same. Both Parties desire to establish a process to develop and implement collaborative partnership programs and projects. This Agreement details the process for the Parties to assist one another with programs, projects and activities that further the mission and vision of both entities. This Agreement will become effective as of the date it is executed by all Parties. Term of this Agreement is five years and may be renewed on written agreement by the Parties for two additional five year terms. This item is located in Supervisorial District #4. (C-30-18- 020-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 31. DONATIONS FOR PARKS AND RECREATION Accept the restricted monetary donations of a $1,000 from Bob Logan for a memorial bench to be placed within Usery Mountain Regional Park; and a $1,000 from Charity Rhynard and a $1,000 from Cynthia Billings for memorial benches to be placed within White Tank Mountain Regional Park. (C-30-18-021-D-00) Donation revenue funds are deposited into Fund 243 as they are received. Donation funds are not local revenues for the purpose of constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Procurement Services - Servicios de Adquisiciones 32. BULK FUEL PURCHASE AND DELIVERY (180218-C) Approve the contract for award at an estimate of $8,000,000.00 over an initial one (1) year term until 4/30/19 with four (4) additional one-year renewal options. The effective date of the contract will be 5/9/18. The purpose of the contract is to provide to Maricopa County with fuel for its various fleet assets at county fueling stations. (C-73-18-038-3-00) Formal Meeting Minutes Wednesday, May 09, 2018 Page 25 of 45 It is requested by the EQUIPMENT SERVICES that the Board of Supervisors approve the subject award to the MULTIPLE AWARD as recommended. Pro Petroleum Inc. Senergy Petroleum LLC Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 33. MCSO CANTEEN FOOD ITEMS (180213-C) Approve the contract for award at an estimate of $3,500,000.00 over one (1) year until May 31, 2019 with four (4) one-year renewal options. The effective date of the contract will be June 1, 2018. The purpose of the contract is to provide to Maricopa County Sheriff’s Office with a source of food for jail canteen operations. (C-73-18-039-3-00) It is requested by the MARICOPA COUNTY SHERIFF’S OFFICE that the Board of Supervisors approve the subject award to the MULTIPLE AWARD as recommended. Keefe Group LLC dba Keefe Supply Co. Kellogg Supply Inc. Performance Food Group dba Vistar Phoenix Union Supply dba Food Express USA Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Public Health - Salud Pública 34. ROTATION TRAINING AGREEMENT WITH PRIORITY NUTRITION CARE, LLC Approve the Intern Rotation Training Agreement with Priority Nutrition Care, LLC to allow students to participate in learning experiences at the Maricopa County Department of Public Health. The agreement is non-financial, and the term is to be from April 1, 2018 through June 30, 2022. This agreement will allow dietetic interns from PNC to complete unpaid educational rotations with the WIC program and other programs, and to sustain a working partnership with MCDPH. (C-86-18-067-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 35. AMENDMENT TO AGREEMENT WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Approve Amendment No. 1 to the Delegation Agreement between Arizona Department of Health Services (ADHS) and Maricopa County (MCDPH). This agreement authorizes the political subdivision of Maricopa County, through its Departments of Public Health (MCDPH) and Environmental Services (MCESD), to exercise functions, powers, and duties bestowed on ADHS by provision of law. The County, through MCESD, shall be responsible for ‘Food Safety and General Sanitation Control’ and ‘Pure Food Control’. The County, through MCDPH, shall be responsible for ‘Smoke-Free Arizona Act’. This amendment recognizes the position of Acting Director at MCDPH. In addition, the Formal Meeting Minutes Wednesday, May 09, 2018 Page 26 of 45 expiration date is amended to June 30, 2032, with the option of extending. This agreement may be terminated in whole or in part by the Director or the County, effective ninety (90) days after either the Director or the County provides written termination by certified mail to the other. This agreement is non-financial. As a political subdivision of this State, the County through its MCDPH and MCESD will carry out delegated functions, powers, and duties on behalf of ADHS. This Agreement, being non-financial, has no effect on the County general fund. (C-86-17-068-3-01) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 36. IGA WITH CREIGHTON SCHOOL DISTRICT FOR THE DEVELOPMENT OF SHARED USE OF DISTRICT ASSETS DURING NON-SCHOOL HOURS Approve an Intergovernmental Agreement (IGA) between Creighton School District and Maricopa County by and through its Department of Public Health (MCDPH). The purpose of this IGA is to provide funding to schools to develop shared use of school district assets. Shared use, sometimes called joint use or community use, occurs when an entity agrees to open their doors for use by the neighborhood. While many equate shared use with playgrounds, shared use can also include the creative reuse of vacant land, athletic fields, classrooms, and many other underutilized facilities. The County agrees to provide funding from its IGA Healthy People, Healthy Communities Grant (532 8672 TUPV 1001 TOBPREV FY17) for the Program, and the School District agrees to distribute funds to the participating schools and to provide reports on school progress toward Program goals. Funding is in the not-to-exceed amount of $20,000.00 for the budget period beginning May 11 through June 22, 2018. (C-86-18-068-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 37. CONTRACT WITH INSTITUTE FOR HEALTHCARE IMPROVEMENT ‘100 MILLION HEALTHIER LIVES SCALE 2.0’ (SPREADING COMMUNITY ACCELERATORS THROUGH LEARNING AND EVALUATION) Approve two (2) Awards and Contracts between the Institute for Healthcare Improvement (IHI) and Maricopa County by and through its Department of Public Health on behalf of Health Improvement Partnership of Maricopa County (HIPMC). IHI will be providing MCDPH with contract funding for the continued participation in the SCALE Regions of Solutions project. This phase of the project will consist of 2 contract periods: Contract Period 1 will provide funding in the amount of $21,000 for the contract Period January 1, 2018 through April 30, 2018, at which time the contract will be extended. Contract Period 2 will provide funding in the amount of $30,000, plus additional funds in the amount of $6,500 for travel, planning, and implementing ‘Community Health Improvement Academies’ (CHILAs). Participation in Contract Period 2 is not guaranteed and is contingent upon satisfactorily meeting the deliverables of Contract Period 1. Performance will be reviewed regularly. Total funding for the Phase 2 project is not-to-exceed $57,500.00. Maricopa County Department of Public Health’s indirect rate for FY 2017-18 is 16.6%. The grant allows 12% indirect costs, estimated at $6,161.00. Unrecoverable indirect costs are estimated at $2,362 and will be subsidized by the Department’s indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the Formal Meeting Minutes Wednesday, May 09, 2018 Page 27 of 45 future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from the Robert Wood Johnson Foundation and will not affect the County’s general fund. (C-86-18-069-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Risk Management - Gestión de Riesgos 38. AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR TEMPORARY ACCESS AND USAGE OF ADOT-OWNED PROPERTY Approve an Agreement between Arizona Department of Transportation and Maricopa County through Risk Management, for the purpose of Temporary Access and Usage of ADOT-Owned Property for CDL test site #2896. This Agreement is non-financial and is effective from April 25, 2018 until December 31, 2018. (C-75-18-007-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation - Transportación 39. BUDGET ADJUSTMENT FOR FISCAL YEAR 2017-2018 TRANSPORTATION IMPROVEMENT PROGRAM Approve an amendment to the Department of Transportation (D640) FY 2018 – 2022 five- year Transportation Improvement Program (Fund 234), Year 1 (FY 2017 – 2018) by decreasing the capital expenditure budget for the Transportation System Management (TMAN) Project by $12,000,000 and increasing the System Preservation and Reconstruction (SPAR) Project by the same amount. Supervisor Districts No. 1, 2, 3, 4, and 5 For fiscal year 2017-2018 the Board of Supervisors approved the Department of Transportation capital budget of $131,756,231 with the condition that any movement of budget funds between projects must be approved by the Board. The requested adjustment is necessary to realign project budgets to provide funding to more closely match the year-end projected expenditure amounts. These adjustments result in a net impact of zero and do not change the duly adopted budget as approved by the Board of Supervisors. (C-64-18-120-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 09, 2018 Page 28 of 45 40. CHANGE ORDER NO. 4 WITH HDR ENGINEERING INC. FOR ADDITIONAL DESIGN SERVICES FOR GILBERT ROAD BRIDGE AT SALT RIVER Approve Change Order No. 4 for $1,698,721.45 with HDR Engineering, Inc., Contract No. 2015-039 for additional design services for Gilbert Road Bridge at the Salt River, MCDOT Project No. TT0339. Additional design services and extended design period are required due to extending the main Gilbert Road Bridge from 1,445 feet to 3,685 feet; adding a new 450 foot bridge “Northern Reliever Bridge”; preparing new 60% plans, specifications, and cost estimate; additional effort to complete 95%, 100% sealed submittals with new project definition; and providing Post Design services. Funds are budgeted in Transportation Improvement Program MAG ALCP, Sub-Project TT0339. The project will replace the existing two-lane bridge and low flow crossing with a new bridge of 3685 feet and an additional 450 foot Northern Reliever Bridge which will provide an all-weather crossing over the Salt River and connect to SR87. Supervisory District No. 2 (C-64-18-128-5-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 41. NEW TRAFFIC CONTROLS ON 124TH DRIVE Approve new traffic controls (Stop Signs) on unincorporated right-of-way at the following location: 1. A TWO-WAY STOP on 124th Drive at Eveningside Drive for Northbound and Southbound traffic. This agenda item is the result of an engineering study being conducted to install Stop signs on County roadways. Supervisory District No. 4 (C-64-18-126-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 42. NEW TRAFFIC CONTROLS IN THE SAVANNAH SUBDIVISION Approve new traffic controls (Stop Signs) on unincorporated right of way at the following locations: 1. A One Way Stop on Colter Court at Oregon Avenue for westbound traffic. 2. A One Way Stop on Marshall Avenue at Missouri Avenue for southbound traffic. 3. A One Way Stop on San Miguel Avenue at 184th Drive for eastbound traffic. This agenda item is the result of an engineering study being conducted at the request of the Home Owners Association to install Stops in the Savannah subdivision. Supervisory District No. 4 (C-64-18-125-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 43. NEW TRAFFIC CONTROLS ON 107TH AVENUE Approve new traffic controls (No Stopping, Standing, Parking Any Time) on unincorporated Formal Meeting Minutes Wednesday, May 09, 2018 Page 29 of 45 right-of-way at the following location: 1. A NO STOPPING, STANDING, PARKING ANY TIME ZONE on 107th Avenue from 2725 feet north of Pinnacle Peak Road to Hatfield 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-64-18-124-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 44. CHANGE IN TRAFFIC CONTROLS ON I 17 FRONTAGE ROAD Approve a change in traffic controls (Speed Limits) on unincorporated right-of-way at the following location: 1. A 45 MPH SPEED LIMIT ZONE (from a 30/40/50 MPH SPEED LIMIT ZONE) on I 17 Frontage Road from Plymouth Drive to New River Road (North). (This completely rescinds the 30 MPH speed limit zone dated February 2, 1987, the 40 MPH speed limit zone dated February 2, 1987 and the 50 MPH speed limit zone dated July 22, 1985). This agenda item is the result of a Traffic Engineering Study to install Speed Limit signs due to a change in the configuration of this section of roadway. Supervisory Districts No. 3 (C-64-18-123-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 45. CHANGE IN TRAFFIC CONTROLS ON ALSUP AVENUE Approve a change in traffic controls (Speed Limits) on unincorporated right-of-way at the following location: 1. A 40 MPH SPEED LIMIT ZONE (from a 45 MPH SPEED LIMIT ZONE) on Alsup Avenue from Bethany Home Road north to Maryland Avenue. (This partially rescinds the 45 MPH speed limit zone dated May 22, 1989) This agenda item is the results of completion of a MCDOT’s Safety Improvement Project to reduce speeds in areas that have changed from rural to urban. Supervisory Districts No. 4 (C-64-18-122-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 46. CHANGE IN TRAFFIC CONTROLS ON INDIAN SCHOOL ROAD Approve a change in traffic controls (Speed Limits) on unincorporated right-of-way at the following locations: 1. A 40 MPH SPEED LIMIT ZONE (from a 50 MPH SPEED LIMIT ZONE) on Indian School Road from .25 miles east of 387th Avenue to .25 miles east of 379th Avenue. (This partially rescinds the 50 MPH speed limit zone dated October 15, 1979 and completely rescinds the 45 MPH speed limit zone dated July 6, 1988). Formal Meeting Minutes Wednesday, May 09, 2018 Page 30 of 45 2. A 50 MPH SPEED LIMIT ZONE on Indian School Road from .25 mile east of 379th Avenue to 339th Avenue. This agenda item is the result of a Traffic Engineering Study being conducted to install Speed Limit signs on County roadways that have Schools adjacent to the road. Supervisory District No. 4 & 5 (C-64-18-121-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 47. 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- 18-451-7-00) A. D23412 Project #: TT0497 – Olive Avenue (Citrus Road to Cotton Lane) (JR) Assessor’s Parcel #: 502-83-151A – Special Warranty Deed – NEC Citrus & Olive, LLC for the sum of $21,593.00. B. D23412-1 Project #: TT0497 – Olive Avenue (Citrus Road to Cotton Lane) (JR) Assessor’s Parcel #: 502-83-151A – Temporary Construction Easement and Agreement for Highway Purposes – NEC Citrus & Olive, LLC for the sum of $4,151.00. C. D23412 Project #: TT0497 – Olive Avenue (Citrus Road to Cotton Lane) (JR) Assessor’s Parcel #: 502-83-151A – Purchase Agreement and Escrow Instructions – NEC Citrus & Olive, LLC. D. D23497-2 Project #: TT0560 – Butterfield Wash – Assessor’s Parcel #: 402- (JR) 03-011X – Drainage Easement – Camelback 240 Acres, LP for the sum of $4,000.00. E. D23497 Project #: TT0560 – Butterfield Wash – Assessor’s Parcel #: 402- (JR) 03-011X – Purchase Agreement and Escrow Instructions Camelback 240 Acres, LP. Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 48. RESIGNATION AND REAPPOINTMENT FROM THE BOARD OF HEALTH Accept the resignation of Kip D. Steill, serving as a Member At-Large, from the Board of Health effective March 1, 2018. Approve the official reappointment of Don Cassano, representing District 1, to the Board of Formal Meeting Minutes Wednesday, May 09, 2018 Page 31 of 45 Health. The term of reappointment will be effective as of the date of Board approval through December 31, 2021. (C-06-18-428-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Supervisor Barney thanked Don Cassano for continuing to serve and thanked Kip D. Steill for his many years of service. Ayes: Barney, Chucri, Gates, Hickman, Gallardo 49. REAPPOINTMENT TO THE TRAVEL REDUCTION PROGRAM REGIONAL TASK FORCE Approve the reappointment of Sheila Johnson, representing Supervisorial District 5, to the Travel Reduction Program Regional Task Force. The term is from the date of Board approval through January 31, 2020. (C-06-18-448-7-00) Motion to approve by Supervisor Gallardo. Supervisor Gallardo thanked Sheila Johnson for her continued service. Motion was seconded by Supervisor Barney. Ayes: Barney, Chucri, Gates, Hickman, Gallardo SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ ~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix, amenos que de otromodo notado~ Clerk of the Board - Secretaria de la Junta 50. DEANNEXATION FROM CITY OF MESA AND ANNEXATION TO TOWN OF GILBERT Pursuant to A.R.S. § 9-471.02, schedule a public hearing for Wednesday, June 13, 2018, at the Board of Supervisors' Auditorium, 205 W. Jefferson regarding ordinances filed to deannex an approximately 0.35 acre parcel located near the intersection of East Inverness Avenue and North Higley Road from the City of Mesa (Ordinance No. 5416) and annex to the Town of Gilbert (Ordinance No. 2640). (Supervisorial District 2). (C-06-18-429-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Planning and Development - Planificación y Desarrollo 51. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the May 23, 2018 Board Meeting: (C-44- 18-072-M-00) Formal Meeting Minutes Wednesday, May 09, 2018 Page 32 of 45 Z2018017 – Hanger Haciendas – Mod of Conditions – Dist. 5 MCP2018001 – EH KEMF Cotton 303, LLC – MCP Mod of Conditions – Dist. 4 Z2018013 – EH KEMF Cotton 303, LLC - POD – Dist. 4 Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 52. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held May 22, 2017; October 23, 2017; October 25, 2017; January 10, 2018; February 5, 2018; and March 5, 2018. (C-06-18-415-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 53. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Parks and Recreation for April 2018, for a Cash Value of $1,011.18. (C-06-18-434-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 54. 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-06-18-418-7-00) Name Warrant No Amount Office Depot 480011211 40,449.12 Anthony Gammage 3700009034 491.09 Patrick A Grote 180044308 387.86 Mark Flatten 170069910 490.46 Sherri L. Shepard 22555289 1,212.76 Dion Jones 3700010362 489.50 Shamimara Rahman 3700010080 243.36 Laura Lamb 3700005713 385.92 Aleeda Nelson 22558435 1,175.11 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 09, 2018 Page 33 of 45 55. 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-06-18-449-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 56. PROPERTY RE-CLASSIFICATION APPEALS - FOR APPROVAL Pursuant to A.R.S. §42-12052, approve the property owners' appeal to re-classify properties, which have satisfied the requirements of occupancy status, and re-classify the properties to class three properties (owner occupied). Direct the County Assessor to re- classify the properties to class three (owner occupied), pursuant to A.R.S. §42-12003. List kept on file in the Clerk of the Board’s Office in accordance with LAPR retention guidelines. (C-06-18-447-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 57. 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-06-18-432-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 58. 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-06-18-419-7-00) Name Warrant No Amount Kammer Enterprises 370015883 100.00 Linda Lee Poole 370017010 368.00 Linda Lee Poole 370017011 70.61 Jose A Aispuro 370016397 22.46 Helene Maria Wilt 370005066 20.24 Alejandra Garcia 370012641 2,340.34 Rebecca Frankenberger 360007401 40.00 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, May 09, 2018 Page 34 of 45 59. 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-06-18-446-7-00) 2017: TX2016-000948; TX2016-0001254; 2018: ST2017-000015; ST2017-000077; ST2017-000101; ST2017-000373; ST2018- 000064; TX2017-001769 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 60. 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-43-18-045-M- 00) 112-33-010 2015 $770.87 155-25-001R 2017 $40,019.39 160-25-203 2010-2014 $13,512.35 215-23-002A 2010 $3,114.95 301-70-009M 2007-2012 $39,666.91 501-27-032 2013 $547.93 502-24-001X 2012-2014 $221.75 502-64-542 2008-2014 $33,220.42 502-64-543 2008-2014 $36,530.78 960-24-931 2004-2013 $828.80 961-41-150 1987 $705.91 970-98-554 2013 $159.85 990-77-615 2014 $763.07 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 Board of Supervisors Formal Meeting Minutes Wednesday, May 09, 2018 Page 35 of 45 A-1. STATEMENT OF INTENT WITH AVONDALE, BUCKEYE, GOODYEAR, MESA, PHOENIX, AND TEMPE, THE GILA RIVER INDIAN COMMUNITY, THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY AND THE SALT RIVER PROJECT FOR THE RIO SALADO 2.0 PROJECT Approve a non-binding, non-financial draft Statement of Intent (SOI) between Maricopa County, the cities of Avondale, Buckeye, Goodyear, Mesa, Phoenix, and Tempe, the Gila River Indian Community, the Salt River Pima-Maricopa Indian Community and the Salt River Project Agricultural Improvement and Power District for the Rio Salado 2.0 Project. This approval is subject to endorsement of the final version of the document by staff and the County Attorney’s Office. Rio Salado 2.0 is Senator John McCain’s vision to continue the revitalization of the Salt-Gila River corridor from Mesa to Buckeye. This document states that the parties will collaborate on the planning, design and implementation of projects in the riverbed in order to drive economic development, create recreational opportunities, conserve and recharge groundwater, control flooding and provide habitat for birds and wildlife. (C-06-18-456-3-00) Chairman Chucri said the project is a great idea and forward-thinking. He noted that Senator John McCain’s office representative was unable to be present but it is a great vision for the Rio Salado project and Arizona. Supervisor Gallardo concurred with Chairman Chucri’s comments. He noted the many years of the questionable state of the Rio Salado area. With the support of Senator McCain and Arizona State University they were able to bring all the stakeholders together from all levels of government to come up with a plan. He noted his gratitude for the efforts made on the item. He stated the project is going to take some time. He is in support of Maricopa County taking part in the project to make sure it is a successful and long-term benefit to Arizona. Supervisor Hickman stated the mayors of the communities that are involved realize how much economic development can occur along the Gila River in tandem with community benefits. He thanked City of Buckeye Mayor, Jackie Meck, for his extensive work regarding the Gila River flood issues. He also thanked Maricopa County Department of Transportation and Jennifer Pokorski, Director of the Ombudsman Office for their work on the item. Supervisor Gates stated he is excited to see the County involved as well. He noted that while a City of Phoenix Councilmember he had conversations with Senator McCain about this plan. He was unable to attend the kickoff event but was told that Chairman Chucri did a fantastic job representing the County. Supervisor Barney said he looked forward to seeing the item move forward and to learn more about the project. He noted each District is a part of the project. Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Services A-2. WORK EXPERIENCE AGREEMENTS Approve a template or substantially similar Work Experience Agreements with local businesses that will provide eligible program participants with opportunities to develop workplace skills in workplace settings. The local businesses will be referred to “Work Formal Meeting Minutes Wednesday, May 09, 2018 Page 36 of 45 Experience Partner” or “Partner”. The Agreements are non-financial and are designed to enable program participants to establish a work history and/or demonstrate success in a work environment by developing skills that lead to unsubsidized employment. The Agreements will be with local businesses and the term of each Agreement shall be for one (1) year and effective upon signature by both parties. The Agreements are subject to statutory language of A.R.S. §38-511 and incorporate the same by reference. In accordance with Workforce Innovation and Opportunity Act (WIOA) Title I-B regulations, Work Experience (WEX) opportunities are planned, structured learning experience that will contribute to the achievement of the participant’s employment goals through measurable training components that occur in a workplace setting for a specified period of time. A WEX may take place in the private for-profit sector, the non-profit sector, or the public sector. Also request approval and authorization for the Chairman or the Human Services Department Director to sign Agreements. This approval will allow for processing WEX Agreement and place program participants in training opportunities once Agreements are executed by the Parties. Prior to execution, all WEX agreements will be processed for approval by the Human Services assigned attorney and submitted to the Clerk of the Board’s office for filing. The County, as a designated Local Workforce Development Area (LWDA) and is the recipient of U.S. Department of Labor WIOA funds. The Human Services Department through its Workforce Development Division Arizona@Work Maricopa County, administers WIOA program activities. The Workforce Development staff will work to identify local businesses that are willing to have program participants in their worksites. WEX program participants will receive minimum wage during the hours they are actively involved in worksite training. Participants will be paid through the Staffing Services and Related Services Solutions Contract with ACRO Service Corporation, Serial 16111 RFP. Supervisory District: All (C-22-18-039-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Risk Management A-3. KENNY HARRIS V. MARICOPA COUNTY ET. AL. Approve the Settlement in the amount of $640,000 between Maricopa County and Plaintiff(s), in Kenny Harris v. Maricopa County et. al., concerning Superior Court of the State of Arizona for Pinal County No.CV201301653. Authorize the Chairman to sign any necessary documents upon review and approval as to form by assigned legal counsel. This item was discussed in Executive Session on March 5, 2018. (C-75-18-008-S-00) Motion to approve by Supervisor Gates, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo ~ Supervisor Hickman declared a conflict of interest and left the dais ~ Transportation A-4. MARICOPA COUNTY V. EMC HOLDINGS, LLC, ET AL., CV2017-005954 Approve settlement of Maricopa County v. EMC Holdings, LLC, et al., CV2017-005954, in the amount of $579,219.00 plus statutory interest. Formal Meeting Minutes Wednesday, May 09, 2018 Page 37 of 45 This item was heard in Executive Session on May 7, 2018. (C-64-18-129-S-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Gallardo Recuse: Hickman ~ Supervisor Hickman returned to the dais ~ MEETING RECESSED Chairman Chucri recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Chairman Chucri reconvened the Board of Supervisors. CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 61. Public comment on matters pertaining to Maricopa County government. Please limit comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board members may not discuss matters raised under this public comment portion of the meeting; however, an individual Board member may respond to criticism made by those who have addressed the Board, ask staff to review an issue raised or may ask that the matter be placed on a future agenda. (Public comment is at the discretion of the Chairman.) Comentarios del público sobre las materias relacionadas con el gobierno del Condado de Maricopa. Por favor límite comentarios a dos minutos. Tenga en cuenta que de conformidad con el Derecho de Reunión Abierta de Arizona, miembros de la Junta no podrán abordar las cuestiones planteadas en esta parte de comentario público de la reunión, sin embargo, un miembro de la Junta individuo puede responder a las críticas de quienes se han ocupado de la Junta, pida al personal para examinar una cuestión planteada o puede pedir que la cuestión se incluya en una agenda de futuro. (Comentario público es a discreción del Presidente.) There were no public comments. 62. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Gates thanked special guest Senator Brophy McGee for speaking at the County Coffee held on Thursday, May 3, 2018. He noted her commitment to speak after spending all night at the Capitol passing the State budget. She is a great example of a committed public official. Supervisor Gates thanked the Government Relations staff for their commitment to attending the legislative session on behalf of the County. He noted the importance and meaning of the “Walk To Wellness” that took place today at 7:00 a.m. with nearly 1000 Formal Meeting Minutes Wednesday, May 09, 2018 Page 38 of 45 County and City of Phoenix employees in attendance. He thanked the Communications staff for their organization of the event. Chairman Chucri thanked the Stadium District counsel for their work. He stated Maricopa County has been ranked the fastest growing county in America for two consecutive years and with that opportunity comes great responsibility. The Board and County elected officials came together at a recent strategic planning meeting to make sure Maricopa County is being put first as we endeavor to move forward over the next few years. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, May 09, 2018 Page 39 of 45 IMPROVEMENT DISTRICT AGENDA AGENDA DE DISTRITO DE MEJORAMIENTO The Board of Directors of the Improvement District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, May 09, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, District 1; Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, 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. I-1. ADOPT A RESOLUTION FOR SOLARE RANCH PHASE 2 STREET LIGHTING IMPROVEMENT Adopt a Resolution approving the type of lights and rate for the Solare Ranch Phase 2 Street Lighting Improvement District and declaring intention to enter into contract for purchase of energy, and then appoint the Superintendent of Streets as District Engineer. The Solare Ranch Phase 2 Street Lighting Improvement District was organized by the Board of Supervisors on December 13, 2017. The District’s purpose is to purchase energy for the lighting of public streets and parks within the area. The District is located in the vicinity of Dysart Rd and Glendale Avenue. Supervisor District 4 (C-64-18-119-M-00) Motion to approve by Director Barney, seconded by Director Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, May 09, 2018 Page 40 of 45 FLOOD CONTROL DISTRICT AGENDA AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES The Board of Directors of the Flood Control District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, May 09, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; and Steve Gallardo, District 5. Also present: Debra Schaffer, Deputy Clerk of the Board; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. F-1. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meeting held on October 25, 2017. (C-06-18-416-7-00) Motion to approve by Director Barney, seconded by Director Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-2. CONTRACT WITH DIBBLE ENGINEERING FOR NORTH MESA AREA DRAINAGE MASTER STUDY/PLAN – DOWNTOWN Award Contract FCD 2018C004 On-Call Services for the North Mesa Area Drainage Master Study/Plan – Downtown to Dibble Engineering to provide professional engineering services. The contract will be effective for 730 calendar days from the date of execution or the expenditure of $850,000.00, whichever comes first. The Flood Control District of Maricopa Country (District) and Consultant will mutually agree to a detailed scope of work for each work assignment. This is a qualifications-based selection in accordance with the Maricopa County Procurement Code, Article 5, Paragraph 504 and Article 5 Procurement Procedures Manual, Chapter II – Section 2. The North Mesa Area Drainage Master Study/Plan (ADMS/P) will identify and quantify flood hazards for approximately 19.6 square miles of western Mesa. The study area boundaries are approximately the Mesa city boundary to the west and north, the Consolidated Canal to the east, and the US 60 freeway to the south. The goal of the ADMS/P is to reduce flood risks for residents and businesses within the study area by identifying flood hazards, informing the community of these hazards, and providing residents and businesses with options that they can implement to reduce their flood risks. The District will develop two- dimensional hydrologic and hydraulic models using current topographic mapping. Other tasks include data collection on past storm and flooding events and public outreach. A second phase of this study may be included in this contract to include identifying structural or non-structural solutions to reduce flood risks. This Agenda Item impacts Supervisor Districts 1 and 2. (C-69-18-035-5-00) Motion to approve by Director Barney, seconded by Director Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-3. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Formal Meeting Minutes Wednesday, May 09, 2018 Page 41 of 45 Approve easements and right-of-way acquisition documents, appraisal and relocation assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements, excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood Control purposes. A. Durango Regional Conveyance Channel – (Per Resolution # FCD 2011R001) – JWR Project #: 565.04.33 – FCD Item #: F00096 – APN: 101-30-876 – Temporary Construction Easement and Agreement for Flood Control Purposes – from Hurley Ranch Community Association to the Flood Control District of Maricopa County for the sum of $925.00. B. Durango Regional Conveyance Channel – (Per Resolution # FCD 2011R001) – JWR Project #: 565.04.33 – FCD Item #: F00106 – APN: 104-53-771 – Temporary Construction Easement and Agreement for Flood Control Purposes – from Fowler Elementary School District No. 45 to the Flood Control District of Maricopa County. C. Durango Regional Conveyance Channel – (Per Resolution # FCD 2011R001) – JWR Project #: 565.04.33 – FCD Item #: F00228 – APN: 101-30-714A – Temporary Construction Easement and Agreement for Flood Control Purposes – from Union Elementary School District No. 62 to the Flood Control District of Maricopa County. (C-06-18-452-7-00) Motion to approve by Director Barney, seconded by Director Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, May 09, 2018 Page 42 of 45 LIBRARY DISTRICT AGENDA AGENDA DEL DISTRITO DE BIBLIOTECA The Board of Directors of the Library District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, May 09, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; and Steve Gallardo, District 5. Also present: Debra Schaffer, Deputy Clerk of the Board; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. L-1. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District meetings held October 25, 2017 and January 10, 2018. (C-06-18-417-7-00) Motion to approve by Director Gates, seconded by Director Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Steve Chucri, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, May 09, 2018 Page 43 of 45 STADIUM DISTRICT ADDENDUM - ADÉNDUM DEL DISTRITO DE ESTADIO The Board of Directors of the Stadium District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, May 09, 2018, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Bill Gates, Vice Chairman, District 3; Denny Barney, District 1; Clint Hickman, District 4; and Steve Gallardo, District 5. Also present: Debra Schaffer, Official Record Keeper; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. SA-1. MEMORANDUM OF UNDERSTANDING BETWEEN THE ARIZONA DIAMONDBACKS AND THE MARICOPA COUNTY STADIUM DISTRICT Consideration and final approval of a binding Memorandum of Understanding (MOU) between the Maricopa County Stadium District and AZPB Limited Partnership (the Diamondbacks) regarding the use, repair and operation of Chase Field, as specifically outlined in the MOU. Litigation between the parties is resolved according to the terms of the MOU. The MOU shall be effective upon the signatures of all parties. (C-06-18-455-3-00) This item was heard in Executive Session on May 7, 2018. Technical Changes to Binding MOU dated May 8, 2018 1. Paragraph 5 (First Sentence) – (i) Rearrange the definition of “Qualifying Work” by deleting “repairs or replacements to existing scoreboards or audio/video systems” and replacing it with “work needed for purposes of preserving life and safety”. 2. Paragraph 5 (First Sentence) – (iv) Rearrange the definition of “Qualifying Work” by deleting “work needed for purposes of preserving life and safety” and replacing it with “repairs of replacements to existing scoreboards or audio/video systems”. 3. Paragraph 5 (Third Sentence) – Capitalize the “r” in “Reserve”. 4. Paragraph 6 (Third Sentence) – Add end parenthesis after “the Reserve Account”. 5. Paragraph 6 (Select Artists Table) – Modify the date of the WWE Event on the last row, second column of the table to reflect January 27, 2019 instead of January 29, 2019. 6. Paragraph 6 (Sixth Sentence) – Insert the date of the Activities Agreement as March 20, 1996. 7. Paragraph 9 (First Sentence) – Add a period to the end of the first sentence after the word Team. 8. Paragraph 9 (Second Sentence) – Insert “by the District” in the following sentence “If the District is not a party to ongoing litigation, arbitration or mediation three (3) years following the date of the Binding MOU, the amount held back by the District shall be deposited into the Reserve Account.” 9. Paragraph 9 (Fourth Sentence) – Insert the phrase “Notwithstanding the foregoing,” at the beginning of the sentence. 10. Paragraph 9 (Fourth Sentence” – Replaced the word “Reserve” with the word “District’s”. 11. Paragraph 9 (Fourth Sentence) – Inserted the phrase “at all times” at the end of the sentence. 12. Paragraph 12 (First Sentence) – Added a period to the end of the first sentence after the parentheses. 13. Paragraph 12 (Third Sentence) – Deleted the phrase “(which shall equal at least $500,000.00)” that defined a minimum amount of funds in the Reserve Account upon the termination of the Binding MOU. Formal Meeting Minutes Wednesday, May 09, 2018 Page 44 of 45 14. Paragraph 13 (Second Sentence) – Deleted parenthesis at the beginning of the sentence. 15. Paragraph 13 (Second Sentence) – Replace all references to the word “repair” with the word “work”. 16. Paragraph 13 (Second Sentence) – Deleted parenthesis at the end of the sentence. 17. Paragraph 18 (Second Sentence) – Replaced the word “Arizona” with the word “Chase Field”. Dianne Barker, resident, spoke in favor of the item and noted the benefits to taxpayers of mediating from litigation to a workable plan. She noted important elements within the document such as mass transportation and collaboration of remodeling. She noted other downtown projects, possible loopholes and the need to move the item forward. Chairman Chucri said history is always a good guide and the Board clearly sees the importance of the issue as it has been ongoing for a number of years. He credited the success of former Supervisor Jim Bruner in bringing Major League Baseball (MLB) to Maricopa County. He noted the extent of the original agreement and his conversations with Mr. Bruner on the issues. The County found the least erroneous way to bring the issue to a close, and that is where the Board is today. The County is striking a balance between the needs of the taxpayer and the needs of the Arizona Diamondbacks to hopefully ensure baseball continues in Maricopa County for many years to come. The proposal is not perfect but it captures what is good for the County, community, taxpayers and for the Team. Director Gallardo stated he has evaluated the pros and cons, as with every issue, in finding what is good for the taxpayers. This is a partnership and the Board wants to insure that baseball continues in Maricopa County and to support the Team. He noted the importance of moving forward, to continue to have dialog with the Team and for the parties to work in good faith to do what is right for the taxpayers as the Stadium belongs to the taxpayers. As a Board, they have been elected to represent the taxpayers on these types of efforts. He concurred with Chairman Chucri’s statement in that the proposal is not perfect, but anytime negotiations are made both sides will not be 100% happy and he understands that. Moving forward he would like the County and Arizona Diamondbacks to work with the City of Phoenix on the importance of keeping baseball in Downtown Phoenix. He would like to ensure that MLB stays in the Valley. He will support the item and would like continued efforts in working together so that baseball stays within the Valley and that it stays in Downtown Phoenix for fans and taxpayers. This is a good step in moving forward. Chairman Chucri stated the Board acknowledges the stadium is in District 5 and thanked Director Gallardo for his comments. Director Hickman noted the importance of Chairman Churi reaching out to speak with the team as it showed the good faith of the County. He noted the importance of a contract and the taxpayers thought a 30-year contract was signed. He said he understood the advantages and disadvantages of the MOU. He noted the following issues he has with the item: MLB will become a party instead of a signatory and the reimbursement factor. He also noted the following: how the Board upheld the importance of public safety and expenditures; old versus new Team ownership; and the importance of upholding the current contract. He stated he is grateful for the efforts made in keeping MLB in Arizona but he is still not comfortable with the item. Formal Meeting Minutes Wednesday, May 09, 2018 Page 45 of 45 Director Barney explained what has transpired from multiple conversations held with the team since 2014. The point was to bring expectations together where an agreement could be made in the best interest of the taxpayer. He concurred with Director Gallardo’s comments that it is a partnership between the taxpayers and the Team with the Board sitting in on behalf of the taxpayers on the issue. He spoke on Director Hickman’s comment on the importance of a contract. He said the objective was to find a reasonable resolution to keep MLB in Maricopa County. He noted his gratitude for the efforts made on the issues to move forward and continue to move the County in a way that everyone can be proud of. He said he is in support of the item and said it is not perfect but both parties have come a long way to find some harmony which can be accomplished with this item. Director Gates noted his gratitude for the leadership taken by members of the Board. He explained the timeline of his involvement started as he took office. He said the proposal is an opportunity to become partners with the Team. He stated the proposed document contains two important issues: keeping MLB in Arizona and protecting the investment of the taxpayers in Chase Field. It is not a perfect contract but it: clarifies the relationship; gets the County out of the stadium management business; allows the taxpayers to continue to own the stadium; gives the Team an incentive to invest in the building to lead to a better experience for fans; and no new taxpayer dollars will be used towards the stadium. He noted concerns on the life and safety provisions and specifically insisted on them being included in the agreement. He spoke on the provision of keeping MLB as a party to the agreement and references of good faith. Motion was made by Director Gates to approve the Binding Memorandum of Understanding (MOU) that we are adopting on May 9, 2018 with the proposed technical changes dated May 8, 2018 and additionally giving the Chairman of the Stadium District Board of Directors the authority to approve technical/non-substantive corrections and clarifications as may be necessary and are consistent with and do not alter the intent and the purpose of the approved Binding MOU, seconded by Director Barney. Ayes: Barney, Chucri, Gates, Gallardo Nays: Hickman MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Steve Chucri, Chairman of the Board ATTEST: ________________________________ Fran McCarroll, Official Record Keeper