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Board Members Denny Barney, Chairman, District 1 Steve Chucri, Vice Chairman, District 2 Bill Gates, District 3 Clint Hickman, District 4 Steve Gallardo, District 5 County Manager Joy Rich "The mission of Maricopa County is to Clerk of the Board Fran McCarroll provide regional leadership and fiscally responsible, necessary public services to Meeting Location its residents so they can enjoy living in Supervisors' Auditorium healthy and safe communities” 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts Housing Authority of Maricopa County and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control District 70 Library District 74 Stadium District No Meeting Board of Deposit No Meeting Wednesday, April 26, 2017 9:30 AM Formal Meeting Minutes Wednesday, April 26, 2017 Page 2 of 73 1. INVOCATION - INVOCACIÓN Ron Gomez, MCSO Liaison Officer, offered the invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Ron Gomez, 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, April 26, 2017, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Bill Gates, District 3; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Amy Goodloe, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES A-1. APPOINTMENT FOR LEGISLATIVE STATE REPRESENTATIVE DISTRICT 22 Pursuant to A.R.S. § 41-1202, receive the names of the three qualified electors as candidates to fill the vacancy for the Legislative District 22 State Representative seat as determined by the Legislative District 22 Precinct Committeemen and appoint one of the candidates from the list to fill the vacancy created by the resignation of State Representative Phil Lovas. (C-06-17-447-7-00) The three candidate names submitted by the District are: Frank Carroll Ben Toma John Heep Agenda item A-1 was taken out of order and heard prior to the following agenda item, #4. Chairman Barney welcomed and thanked Representatives Mesnard and Livingston and Senator Burges for coming to the meeting. He thanked Supervisor Hickman for his leadership on the appointment. Supervisor Hickman thanked the State Legislators for their attendance. He explained that the District 22 Precinct Committeemen met recently and nominated three very qualified candidates for consideration for this appointment. He noted his appreciation to the candidates and to Representative Phil Lovas for his service. Supervisor Hickman pointed out that a previous Board had appointed Mr. Lovas. All three of these current nominees have submitted paperwork to run for election to this seat. After stating that he had interviewed all three candidates, Supervisor Hickman nominated Ben Toma as the Representative for Legislative District 22. This nomination was seconded by Supervisor Chucri. Ayes: Barney, Chucri, Gates, Hickman, Gallardo Chairman Barney thanked Mr. Toma for his willingness to serve and asked the Board to take a moment for a picture with Mr. Toma. Ben Toma, newly appointed Legislative District 22 State Representative, thanked the Board for the opportunity and honor to serve in this capacity. Formal Meeting Minutes Wednesday, April 26, 2017 Page 3 of 73 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Melissa Gable, Maricopa County Animal Care and Control (MCACC), introduced Truman, a seven-year-old Maltese mix available for an adoption fee of $20.00 at the West Shelter. She thanked everyone in the community for coming out to the shelter for the free adoption event and indicated, they had over 800 dogs and cats between both shelter locations and after the event 495 animals were adopted. Chairman Barney acknowledge the presence of the following elected officials: Sheriff Paul Penzone and Assessor Paul Petersen. PRESENTATIONS – PRESENTACIÓNES Environmental Services 5. 2017 MARICOPA COUNTY STORMWATER POLLUTION PREVENTION POSTER CONTEST Presentation regarding the acknowledgement of 3rd-4th and 5th-6th grade winners of the 2017 Maricopa County Storm water Pollution Prevention Poster Contest. The Board will present the winners of each grade category with a special award certificate. Ken Conklin, Environmental Services Division Manager (C-88-17-015-P-00) Ken Conklin, Division Manager of Maricopa County Environmental Services, presented the 2017 Maricopa County Storm Water Pollution and Awareness Poster Contest Winners. He stated the effort to educate the public and have the community involved in storm water pollution continues on its eighth year of the poster contest for students in grades 3 through 6. Mr. Conklin thanked the Board for their support and the following sponsors: Wildlife World Zoo and Aquarium, Children’s Museum of Phoenix, Desert Botanical Garden, Maricopa County Parks, Maricopa County Library District, as well as the parents, teachers and students for their participation. He stated an educational presentation was provided throughout the year and students were challenged to create posters that represent the theme “Be a Storm Water Pollution Hero.” Prizes were awarded for first, second, and third place in two categories, 3rd and 4th then 5th and 6th grade. Carl Acosta, Supervisor of Environmental Services, presented the awards to the winners. Third and Fourth Grades 1st Place: Juliana Larson, Paradise Valley Christian Prep, 4th Grade 2nd Place: Juliana Dahlgren, Paradise Valley Christian Prep, 4th Grade 3rd Place: Alexandro Saenz, Kerr Elementary, 4th Grade Fifth and Sixth Grades 1st Place: Daniel Duarte, Stevenson Elementary, 5th Grade 2nd Place: Kendall Black, Lake Pleasant Elementary, 6th Grade 3rd Place: Kenneth Sheets, Lake Pleasant Elementary, 6th Grade Chairman Barney congratulated the winners and invited the Board to take pictures with the winners. Formal Meeting Minutes Wednesday, April 26, 2017 Page 4 of 73 Human Resources 6. EMPLOYEE SERVICE AWARDS Acknowledge and present the following employees, who have provided 30 or more years of public service to Maricopa County, with service award plaques recognizing their years of service and contributions to the residents of Maricopa County. Thirty Years Jan Price, Clerk of the Court, hire date December 29, 1986 Gary W. Schwartz, Planning and Development, hire date December 22, 1986 Michelle Detrick, Sheriff's Office, hire date October 8, 1984 Tracy Haggard, Sheriff's Office, hire date December 9, 1985 Jerome T. Hepp, Sheriff's Office, hire date November 2, 1986 Peter Renik, Sheriff's Office, hire date November 17, 1986 Charles Klenner, Flood Control, hire date November 3, 1986 Shelby Brown, Flood Control, hire date December 1, 1986 Maridel Soileau, Clerk of the Court, hire date November 24, 1986 Thirty-five Years Gary J. Tassi, Adult Probation, hire date May 22, 1979 Pete Roman, Clerk of the Court, hire date April 7, 1982 Alba C. Edmondson, Procurement, hire date February 17, 1982 Forty Years David W. Lopez, Human Services, hire date December 23, 1976 (C-31-17-030-M-00) Awards were presented to each employee, with the following unable to attend: Pete Roman, Clerk of the Court, hire date April 7, 1982 and Shelby Brown, Flood Control, hire date December 1, 1986. Chairman Barney thanked and congratulated the employees for their years of service and stated they have been a great tribute to the 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. DESERT TRAILS MOBILE HOME & RV PARK Case #: Z2015077 Supervisor District: 2 Applicant/Owner: John Williams / J&D Enterprises, LLC Request: Modification of Conditions for Special Use Permit (SUP) Z2011117 for a Recreational Vehicle (RV) Park in the R-5 zoning district Site Location: Generally located at the northwest corner of 4th Ave. & Mountain Rd. in the Mesa area Formal Meeting Minutes Wednesday, April 26, 2017 Page 5 of 73 Site Size: Approximately 4.08 acres County Island Status: Class 1a (Apache Junction & Mesa) Additional Comments: There are no outstanding conditions from reviewing agencies. The City of Mesa offered no objection to this use. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval of Z2015077 subject to conditions ‘a’ – ‘j’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Civil Grading & Drainage Plan, Desert Trails Mobile Home and RV Park”, consisting of 6 full-size sheets, stamped received September 25, 2015, except as modified by the following conditions. b. This approval constitutes a Plan of Development for a Mobile Home Park in the R-5 zoning district. Mobile homes shall be located within the parcel as indicated on the zoning exhibit referenced in condition 'a' or if in accordance with the requirements of the Maricopa County Zoning Ordinance, Sec. 1203, Arts. 1303.1.1 - 1303.1.5 shall be considered to be in substantial conformance with the zoning exhibit. c. This approval constitutes a Special Use Permit for an RV Park. Travel trailers and recreational vehicles shall be located within the parcel as indicated on the zoning exhibit referenced in condition 'a' or if in accordance with the requirements of the Maricopa County Zoning Ordinance, Sec. 1301, Arts. 1301.1.17.1 - 1301.1.17.2 shall be considered to be in substantial conformance with the zoning exhibit. d. This Special Use Permit is not subject to expiration. e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. f. The following Maricopa County Environmental Services conditions shall apply: 1. Abandonment permit for the existing septic system must be obtained. 2. New Notice of Impending Development permit must be obtained, for possible septic permitting requirements associated with the project. 3. Storm Water - The proposed project is located within the urbanized area regulated by the Maricopa County Storm water Quality Program and requires a storm water approval and permit. g. A Park Model may occupy a recreational vehicle designated space provided it does not exceed 400 sq. ft. Park Models Alternatives exceeding 400 sq. ft. shall occupy spaces intended for mobile homes. h. The following Engineering conditions shall apply: 1. The 585 linear ft. flood wall is required along the east side of the site per permit B201003914 must be completed within 90 days of Board of Supervisors approval. Formal Meeting Minutes Wednesday, April 26, 2017 Page 6 of 73 2. Plans & calculations for Building Permits B201003914 and B201102340 must be updated based the plans submitted with this application; and as follows: a. The size of the bleed-off pipe must be increased to 18 inches per Maricopa County Drainage Policies and Standards (DPS) 6.10.10. b. The first flush volume calculation must be revised in accordance with DPS 6.4.1 (equation 6.1). The runoff coefficient for first flush = 1.0. Sections 3.2 and 4.2 of the Drainage Report must be revised accordingly. c. A profile of the bleed-off pipe must be provided. d. Details of the orifice plate must be provided. e. A cross section from the western drainage channel through the new retention basin (including the existing wall) must be provided. f. Adding a second valley gutter and basin inflow chute near the northern part of the new retention basin should be considered so that all flow is not concentrated at the southern location(s). g. The basin overflow elevation must be indicated in relation to the lowest allowable MH FFE. 1. With the revisions to Building Permits B201003914 and B201102340, the driveways onto 4th Avenue must be improved to current MCDOT roadway design standards (Ref. Section 7.6 of the MCDOT Roadway Design Manual). 2. Half-width improvements with pavement, curb, gutter and sidewalk to Mountain Road and 4th Avenue shall be deferred for two additional years after approval of this SUP Amendment. 3. The applicant shall obtain permits from MCDOT for any work in the S. Mountain Road and/or 4th Avenue right-of-ways. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. j. This case supersedes all previous conditions/stipulations of Special Use Permit Z2011117. This case is a Special Use Permit for a RV Park and a Plan of Development for a Mobile Home Park in the R-5 zoning district. (C-44-17-075-M-00) Formal Meeting Minutes Wednesday, April 26, 2017 Page 7 of 73 Motion to concur with Planning Commission recommendation for approval by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-2. HUNTER WORKING K-9 Case #: Z2016036 Supervisor District: 3 Applicant/Owner: Earl, Curley & Lagarde PC/Chad Hunter Request: Special Use Permit (SUP) to allow dog kennel, training and boarding facility in the Rural-43 zoning district Site Location: Generally located 920 feet west of the northwest corner of Cave Creek Road and Forest Pleasant Place in the Cave Creek Area Site Size: Approximately 4.77 acres County Island: Yes (Phoenix) Additional Comments: All concerns from reviewing County agencies are addressed with recommended conditions. Approval of this Special Use Permit will allow the use to continue as a dog kennel, training and boarding facility. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval of Z2016036 subject to conditions ‘a’ – ‘j’: Provided the following conditions are met: a. Development of the site shall comply with the site plan entitled “Hunter Working K-9”, consisting of 1 full-size sheet, dated February 1, 2017, and stamped received February 7, 2017, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Hunter Working K-9”, consisting of 27 pages, dated September 9, 2017, and stamped received September 21, 2016 except as modified by the following conditions. c. This Special Use Permit shall expire 25 years from the date of approval by the Board of Supervisors or for a period of 90 or more consecutive days after termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. d. The applicant/owner shall submit a written report outlining the status of the development at the end of 5 years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. e. The owner shall apply for building permits for all existing structures. The owner shall receive final inspections on all existing structures from Planning and Development within one year from Board of Supervisors approval of Z2016036. f. The following Engineering conditions shall apply: Formal Meeting Minutes Wednesday, April 26, 2017 Page 8 of 73 1. Provide onsite retention for the 100-year, 2-hour storm for the entire site, including adjacent half-street right-of-way. Please note that a foot of freeboard in the retention basins will be required. 2. Provide a minimum of 8-foot berm width between all horizontal retention basin inundation limits and adjacent wash inundation limits. 3. Driveway paving for the business driveway from the property line to the paved roadway shall be constructed to MCDOT standards. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. j. The parking area shall be paved or topped with a dust-proofing material acceptable to Maricopa County Department of Air Quality. (C-44-17-090-M-00) Motion to concur with Planning Commission recommendation for approval by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-3. RONNING RESIDENCE Case #: Z2016097 Supervisor District: 1 Applicant/Owner: Diane Ronning Request: Zone Change from R-4 to Rural-43 RUPD Site Location: Generally located 620-ft. east of Recker Rd., on the South side of Mews Rd. alignment, in the Chandler Heights area (Parcel number: 304-88-007G) Site Size: Approximately 1.26 acres Formal Meeting Minutes Wednesday, April 26, 2017 Page 9 of 73 County Island Status: Town of Queen Creek, Town of Gilbert, Gila River Native American Community Additional Comments: This zone change is considered part of the Chandler Heights Rural- 43 RUPD (ref: Z2005006) Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval of Z2016097 subject to condition ‘a’: Provided the following condition is met: a. Subject to all conditions, including the Rural-43 RUPD use regulations and development standards outlined in BOS approval of Z2005006 on 5/3/06, including the following Rural- 43 RUPD development standards: 1. Average lot area per dwelling unit: 43,560 sq. ft. 2. Minimum lot area: 35,000 sq. ft. 3. Minimum lot width: 120’ 4. Maximum lot coverage: 20% 5. Minimum Distance between buildings: 15’ 6. Minimum Front setback: 20’ 7. Minimum Rear setback: 25 8. Minimum Side setback: 5’ 9. Minimum Street-side setback: 10’ 10. Maximum building height: 30’ 11. Accessory Dwelling Units: One (1) secondary dwelling unit allowed with MCESD approval of liquid waste disposal system. (C-44-17-089-M-00) Motion to concur with Planning and Commission’s for approval by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-4. LOOP 303 & EL MIRAGE ROAD Case #: Z2016071 Supervisor District: 4 Applicant/Owner: EPS Group, INC/CRG Financial Partners, LLC Request: Zone Change from C-S Plan of Development (PD) to R1-6 Residential Unit Plan of Development (RUPD) Site Location: Generally located at the southeast corner of Pinnacle Peak Rd. and El Mirage Rd. in the Peoria area Site Size: 20.21 ac. County Island Status: Surprise and Peoria Additional Comments: This zone change request is in conjunction with Preliminary Plat for Loop 303 & El Mirage Road, case # S2016023. Commission Recommendation: On 3March 30, 2017, the Commission voted 6-0 to Formal Meeting Minutes Wednesday, April 26, 2017 Page 10 of 73 recommend approval of case number subject to conditions ‘a’ – ‘f’: Provided the following conditions are met: a. Development of the site shall comply with the Zoning Exhibit entitled “Preliminary Plat for El Mirage and Loop 303,” consisting of 3 full-size sheets, dated January 10, 2017 and stamped received January 10, 2017 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Loop 303 and El Mirage Road R1-6 RUPD Rezone Narrative”, consisting of 15 pages, dated January 10, 2017 and stamped received January 10, 2017 except as modified by the following conditions. c. The following R1-6 RUPD standards shall apply: 1. Average Lot Area per dwelling Unit: 7,443 sq. ft. 2. Minimum Lot Area: 5,175 sq. ft. 3. Minimum Lot Width: 45’ 4. Maximum Lot Coverage 50% 5. Height: 30’/2 Stories 6. Front Yard Setback: 15’ to livable/20’ to garage face/20’ side load garage 7. Side Yard: 5’ 8. Street-side Yard: 10’ 9. Rear Yard Setback: 20’ 10. Parking Spaces: 2 Spaces 11. Maximum Height Perimeter Wall/Fencing: 8’ d. All buildings are subject to noise attenuation as per ARS § 28-8482(B). e. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. Prior to approval of Final Plat, Approvals to Construct must be issued by MCESD for the onsite water and sewer infrastructure necessary to support this project. 2. Prior to approval of Final Plat, Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. If required, the owner/developer shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain approval by MCESD prior to construction. (A separate submittal to MCESD would be required.) If required, upon completion of construction, the owner shall fulfill MCESD requirements and obtain a post-construction stormwater permit. 3. If applicable, the site plan shall contain a note designating the entity responsible for operation and maintenance of the on-lot stormwater management facilities consistent with an approved operation and maintenance plan. f. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property owner to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, a hearing shall be scheduled with the Board of Supervisors for consideration to revert the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the Formal Meeting Minutes Wednesday, April 26, 2017 Page 11 of 73 property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-17-087-M-00) Motion to concur with Planning Commission recommendation for approval by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-5. PHO DAISY MOUNTAIN (EPCOR WATER PROPERTY) Case #: Z2016048 Supervisor District: 3 Applicant/Owner: Rob Jones/EPCOR Water Arizona, Inc. Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) - 73’ (h) monopole in the Rural-43 zoning district Site Location: Generally located ¼ mile to the northeast from the northeast corner of Daisy Mountain Dr. and Parker Ct. in the Anthem area. Site Size: Approximately 0.012 acres County Island Status: N/A Additional Comments: A letter was received from the NRDHCA with concerns with the proposed monopole. The applicant provided responses to the NRDHCA letter. The letters were provided as a handout at the Planning and Zoning Commission and are included as attachments to this report. Commission Recommendation: On March 30, 2017, the Commission voted 6 - 0 to recommend approval of Z2016048 subject to conditions ‘a’ –‘i’: Provided the following conditions are met: a. Development of the site shall comply with the Zoning Exhibit entitled “Verizon PHO Daisy Mountain”, consisting of seven (7) full-size sheets, stamped received July 7, 2016, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Verizon wireless PHO West Wing”, consisting of three (3) pages, stamped received July 7, 2016, except as modified by the following conditions. c. The maximum height of the Wireless Communication Facility shall be limited to 73’ (h) including attachments. d. A Minor Amendment shall be required to co-locate future carriers on the Wireless Communication Facility. e. A building permit and drainage clearance shall be obtained conforming to current Planning and Development requirements. Formal Meeting Minutes Wednesday, April 26, 2017 Page 12 of 73 f. This Special Use Permit shall expire 20 years from the date of approval by the Board of Supervisors, inactivity of the use for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. The applicant/owner shall submit a written report outlining the status of the development at the end of 20 years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-17-085-M-00) Motion to concur with Planning Commission recommendation for approval by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-6. COOPER AZ WCF Case #: Z2016092 Supervisor District: 1 Applicant/Owner: American Tower Delaware Corp c/o Busch Law Firm/ 13012 E. Chandler Heights LLC Requests: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) – 103.5 (h) tower in the Rural-43 zoning district Site Location: Generally located at the northeast corner of Chandler Heights Rd. and 130th St. alignment in the Chandler area Site Size: 3,500 sq. ft. of a 2.43 acre site Density: N/A County Island Status: Yes (City of Chandler) Additional Comments: There are no outstanding conditions from reviewing agencies and Formal Meeting Minutes Wednesday, April 26, 2017 Page 13 of 73 no known opposition to the request. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval of Z2016092 subject to conditions ‘a’ – ‘i’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “ATC Site Name: Cooper AZ”, consisting of 7 full-size sheets, stamped received January 23, 2017, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Renewal Application for a Wireless Communication Facility – Case Number: Z2016092”, consisting of 12 pages, stamped received January 23, 2017, except as modified by the following conditions. Within 30 days of BOS approval, the applicant shall provide staff with an update site plan correcting the incorrect elevations as provided on sheet “C-102”. c. The maximum height of the Wireless Communication Facility shall be limited to 103.5’ (h) including attachments. d. Future carriers may co-locate on the Wireless Communication Facility if co-location does not increase overall tower height. Any change to these elements will require an amendment to the Special Use Permit. e. This Special Use Permit shall expire 20 years from the date of approval by the Board of Supervisors, inactivity of the use for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. f. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by staff of the Planning and Development Department. g. Non-compliance with the Special Use Permit (the site plan and narrative report) or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to Formal Meeting Minutes Wednesday, April 26, 2017 Page 14 of 73 the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-17-084-M-00) Motion to concur with Planning and Commission’s for approval by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-7. DIMARK, LLC Case #: CPA2014007 Supervisor District: 2 Applicant/Owner: Dimark LLC Requests: Comprehensive Plan Amendment (CPA) to change the East Mesa Area Plan land use designation from Urban Residential/High (0 – 25 d.u./ac.) to Neighborhood Retail. CPA approval is by Resolution Site Location: Generally located approximately 660’ east of the northeast corner of 85th Pl. and Apache Tr. in the Mesa area Site Size: 1.99 acres Density: N/A County Island Status: No Additional Comments: There are no outstanding conditions from reviewing agencies. City of Mesa opposition email included with P&Z report attached. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval of CPA2014007 subject to conditions ‘a’ – ‘c’: Provided the following conditions are met: a. Development of the site shall be in conformance with the Narrative Report entitled “Dimark, LLC Outdoor Equipment, Vehicle, RV, and Mini Storage”, consisting of 9 pages including the land use exhibit, dated stamped received October 22, 2015, except as modified by the following conditions. b. The land use designation of Neighborhood Retail approved as part of CPA2014007 shall be subject to the time limits set forth in the subsequent Special Use Permit, and shall change to the previous Urban Residential/High (0-25 d.u./ac.) land use designation upon Special Use Permit expiration or removal. c. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property owner to enjoy uses in excess of those permitted by the land use existing on the date of application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of application. It is, therefore, stipulated and agreed that such change due to the failure to comply with any conditions does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to Formal Meeting Minutes Wednesday, April 26, 2017 Page 15 of 73 such change. (C-44-17-073-M-00) RESOLUTION OF AMENDMENT Maricopa County Board of Supervisors Vision 2030, Maricopa County Comprehensive Plan Resolution Amending the Maricopa County East Mesa Area Plan– Case Number: CPA2014007 April 26, 2017 BE IT RESOLVED by the Maricopa County Board of Supervisors as follows: WHEREAS, Maricopa County adopted its Comprehensive Plan in accordance with Arizona Revised Statutes to help bring about coordinated physical development consistent with the present and future needs of Maricopa County; and WHEREAS, Maricopa County recognizes the importance of having a comprehensive plan amendment process so that this plan can be responsive and flexible to meet the changing conditions of Maricopa County; and WHEREAS, Maricopa County has procedures to determine when comprehensive plan amendments are necessary, how comprehensive plan amendments are processed, and at what point comprehensive plan amendments can be presented at a public hearing by the Board of Supervisors, upon recommendation by the Planning and Zoning Commission; and WHEREAS, Arizona Revised Statutes requires that amendments to the Comprehensive Plan be approved by resolution of the Board of Supervisors; and WHEREAS, the Maricopa County Board of Supervisors has carefully considered this comprehensive plan amendment, has held a public hearing regarding this comprehensive plan amendment, and finds that this comprehensive plan amendment constitutes an overall improvement to the Maricopa County Comprehensive Plan, the East Mesa Area Plan, and to Maricopa County in general. NOW, THEREFORE BE IT RESOLVED that the comprehensive plan amendment for case number CPA2014007, is hereby approved this 26th day of April 2017. Formal Meeting Minutes Wednesday, April 26, 2017 Page 16 of 73 /s/ Denny Barney, Chairman of the Board /s/ Fran McCarroll, Clerk of the Board /s/ Darren Gerard, Deputy Director of Planning and Development Department A copy of this resolution is on file in the Clerk of the Board’s Office. Motion to concur with Planning Commission recommendations for approval by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-8. DIMARK, LLC Case #: Z2014078 Supervisor District: 2 Applicant/Owner: Dimark LLC Request: A Special Use Permit for a Neighborhood Retail for General Outdoor Equipment, Vehicle, RV and Mini Storage in the R1-8 & C-3 zoning districts Site Location: Generally located approx. 660’ east of the northeast corner of 85th Pl. & Apache Tr. in the Mesa area Site Size: Approximately 1.99 acres County Island Status: N/A Additional Comments: The City of Mesa provided an email expressing concern. The City of Mesa provided water in accordance to a Utility Service Agreement. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval of Z2014078 subject to conditions ‘a’ – ‘j’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Dimark LLC”, consisting of two (2) full-size sheets, dated May 17, 2016, and stamped received June 29, 2016, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Second revised project narrative report”, consisting of 10 pages, dated June 24, 2016, and stamped received June 29, 2016, except as modified by the following conditions. c. The property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. The following Engineering Review Conditions shall apply: 1. The applicant shall demonstrate coordination and permit approval for access to Apache Trail. Formal Meeting Minutes Wednesday, April 26, 2017 Page 17 of 73 2. Retention basins holding more than 1’ depth of runoff shall have positive method of percolation, either proven bottom percolation rate or drywell construction. e. The applicant shall demonstrate coordination and permit approval for access to Apache Trail. f. This Special Use Permit shall expire 20 years from the date of approval by the Board of Supervisors for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. g. The owner shall submit a written report outlining the status of the development at the end of 5 years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. h. A Major Amendment to the Special Use Permit shall be required to develop the second phase of the property. i. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. j. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-17-074-M-00) Motion to concur with Planning Commission recommendations for approval by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-9. 30209 & 30019 N. 144TH ST. RUPD OVERLAY Formal Meeting Minutes Wednesday, April 26, 2017 Page 18 of 73 Case #: Z2016094 Supervisor District: 2 Applicant/Owner: Law Offices of Garry D. Hayes / Rick Ziehl & Kelsey Karis; Ray LaCroix & Cindi Cox Request: RUPD overlay in the Rural-190 zoning district to increase maximum lot coverage. Site Location: 30209 & 30019 North 144th St., approximately 655’ from the northeast corner of 144th St. and Dixileta Dr. in the Rio Verde area Site Size: Approximately 15 acres County Island Status: N/A Additional Comments: Staff has received additional letters of opposition and 22 letters of support from surrounding property owners after the Staff Report to the Planning and Zoning Commission was published. The letters were presented at the Planning and Zoning Commission Hearing as a handout to the Commissioners and are attached to this report. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval of case number subject to conditions ‘a’ – ‘e’: Provided the following conditions are met: a. Development of the site shall be in conformance with the Narrative Report entitled 3029 & 30019 N. 144th St, consisting of 4 pages, dated November 23, 2016 and stamped received November 28, 2016, except as modified by the following conditions. b. The following Planning Engineering condition shall apply: 1. Any new site disturbance shall require (building) permits from Maricopa County Planning and Development Department. In addition, disturbance on APN 219-40-021U will require a Floodplain Use Permit. c. The following Rural-190 RUPD standard shall apply: 1. Maximum Lot Coverage: 20%. All other standards of the Rural-190 zoning district shall remain. d. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. e. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value Formal Meeting Minutes Wednesday, April 26, 2017 Page 19 of 73 of the property as if the Zone Change had never been granted. (C-44-17-082-M-00) Motion to continue item to May 10, 2017 by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-10. C-3 NIGHTCLUBS Case #: TA2016002 Supervisor District: All Applicant/Owner: Commission-initiated Request: A Text Amendment to the Maricopa County Zoning Ordinance to clarify ordinance language regarding adult oriented facilities within the C-3 zoning. Additional Comments: Proposed verbatim language is attached to the Commission report. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval. (C-44-17-086-M-00) SECTION 805.C-3 (General Commercial Zoning District) Proposed verbatim language is (language to be added is underscored, language to be deleted is struck-through): ARTICLE 805.2 USE REGULATIONS: A building or premise shall be used only for the following: 9. Dance halls and nightclubs, including outdoor amplified music, except adult oriented facilities as defined under Chapter 2 of this ordinance may not have outdoor music or entertainment. Motion to concur with Planning Commission recommendation and as amended with modifications by approval by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-11. RUNWAY AND LANDING STRIPS Case #: TA2016003 Supervisor District: All Applicant/Owner: Commission-initiated Request: A Text Amendment to the Maricopa County Zoning Ordinance to clarify ordinance language regarding article 1111.3, Runway and Landing Strips. Additional Comments: Proposed verbatim language is attached to the Commission report. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval. (C-44-17-088-M-00) Proposed verbatim language is (language to be added is underscored, language to be deleted is struck-through): Formal Meeting Minutes Wednesday, April 26, 2017 Page 20 of 73 SECTION 1111. Additional Height Regulations ARTICLE 1111.3 RUNWAYS AND LANDING STRIPS: Buildings or structures or any portions thereof, except for navigational aids, shall not be located in the obstacle free zone (“OFZ”) which shall be defined as an area which is 60 feet wide along each side of the edge of the runway of an e or proposed runway or landing strip and 250 feet wide centered along the projected runway center line at a distance of 200 feet from the end or ends of an existing or proposed runway or landing strip where takeoff and landing is either executed or proposed. A runway protection zone (“RPZ”) shall be located at the end or ends of the existing or proposed runway or landing strip where takeoff or landing is either executed or proposed which shall be a trapezoidal area which is 200 feet beyond the ends of the runway and centered along the projected runway centerline. The RPZ shall be 1,000 feet long. The width of the RPZ closest to the end of the runway or landing strip shall be 250 feet. The width of the RPZ furthest from the end of the runway or landing strip shall be 450 feet. Within the RPZ, buildings or structures or any portions thereof shall not be erected to exceed a height that would interfere with the takeoff or landing of a plane with a glide angle of one foot vertical for every 20 feet horizontal, such glide angle to be computed as beginning at the RPZ boundary which is closest to the end of the runway. The OFZ or RPZ should be located entirely on the same lot or parcel as the runway or landing strip. In any instance where any portion of the OFZ or RPZ of a runway or landing strip extends beyond the lot or parcel of property containing the runway or landing strip, written consent or avigation easements must be obtained from all property owners in which the OFZ or RPZ may wholly or partially lie. The provisions of this paragraph may be waived for any-private airport subject to if it will not conflict with any applicable regulation of the Federal Aviation Administration or Department of Defense requirement. Motion to concur with Planning and Commission’s for approval by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-12. HOME OCCUPATION / SALES, GARAGE / YARD DEFINITIONS Case #: TA2016004 Formal Meeting Minutes Wednesday, April 26, 2017 Page 21 of 73 Supervisor District: All Request: Text Amendment to the Maricopa County Zoning Ordinance, Chapter 2, Section 201 Additional Comments: Proposed verbatim language is attached to the Commission report. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval. (C-44-17-091-M-00) Proposed verbatim language is (language to be added is underscored, language to be deleted is struck-through): ARTICLE 201.2 Definitions: HOME OCCUPATION, RESIDENTIAL: An accessory use of a dwelling property that involves very limited manufacture, provision, or sale of goods and/or services as outlined in the Use Regulations of Rural and Single Family Residential Zoning Districts. This use may be administratively approved subject to conditions. Garage/yard sales or home parties, that are held for the sale of goods or services, are not considered a home occupation provided these sales do not exceed six in one year. A residential home occupation is only permitted per the standards contained in the Rural and Single-Family Zoning Districts. HOME OCCUPATION, COTTAGE INDUSTRY: An accessory use of a dwelling property that involves limited manufacture, provision or sale of goods and/or services. This is a use that does not meet the conditions of a Residential Home Occupation and thus requires legislative approval of a Special Use Permit by the Board of Supervisors. Garage/yard sales or home parties that are held for the sale of goods or services are not considered a home occupation provided these sales do not exceed six in one year. A cottage industry is a more intense use than a residential home occupation and is only permitted per the standards contained in the Special Use Section in Rural Zoning Districts. Sales, Garage / Yard: Garage/yard sales or home parties that are held for the sale of goods or services at a dwelling are not considered a home occupation provided these sales do not exceed six individual days in one year. Motion to concur with Planning and Commission recommendation for approval by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-13. ADULT ORIENTED FACILITIES DEFINITION Case #: TA2016005 Formal Meeting Minutes Wednesday, April 26, 2017 Page 22 of 73 Supervisor District: All Applicant/Owner: Commission-initiated Request: A Text Amendment to the Maricopa County Zoning Ordinance definition of Adult Oriented Facilities to reference the Maricopa County Ordinance for Adult Oriented Businesses and Adult Service Providers (P-10). Additional Comments: Proposed verbatim language is attached to the Commission report. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval. (C-44-17-080-M-00) Proposed verbatim language is (language to be added is underscored, language to be deleted is struck-through): SECTION 201. DEFINITIONS ADULT ORIENTED FACILITIES: Any use of land or building / structure subject to the Maricopa County Ordinance for Adult Oriented Businesses and Adult Service Providers. Which shall include the following: 1. Adult Arcade (also known as "peep show"): Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe "specified sexual activities" or "specified anatomical areas." 2. Adult Bookstore or Adult Video Store: A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas"; or b. Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified service activities" or "specified anatomical areas" and still be categorized as "adult book store" or "adult video store". Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult book store or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas". 3. Adult Live Entertainment Establishment: An establishment, which features: a. Persons who appear in a state of nudity; or b. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or c. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "Specified sexual activities" or "specified anatomical areas." Formal Meeting Minutes Wednesday, April 26, 2017 Page 23 of 73 4. "Adult" Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are predominantly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." 5. "Adult" Theater: A theater, concert hall, auditorium, or similar commercial establishment which predominantly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." 6. Massage Establishment: Any establishment having its place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any massage activities defined as: Any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol. This definition shall not apply to: a. Persons authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, or naturopathy; b. Registered nurses, licensed practical nurses or technicians, when acting under the supervision of a licensed physician or osteopath; c. Persons employed or acting as trainees for any bona fide amateur, semiprofessional or athlete or athletic team; d. Persons authorized by the laws of this state as barbers or cosmetologists, provided their activity is limited to the head, face, or neck. 7. Nude Model Studio: Any place where a person who appears in a state of nudity, or who displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Arizona or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates education programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure: a. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and b. Where in order to participate in a class a student must enroll at least three days in advance of the class; and c. Where no more than one nude or semi-nude model is on the premises at any One time. SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following: 1. Human genitals in a state of sexual stimulation or arousal. 2. Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation, or sodomy. 3. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts. 4. Excretory functions as part of or in connection with any of the activities set forth in 1. Through 3. Above. SPECIFIED ANATOMICAL AREAS: Formal Meeting Minutes Wednesday, April 26, 2017 Page 24 of 73 The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals, and may include: 1. Less than completely and opaquely covered: a. Human genitals, pubic region; b. Breasts below a point immediately above the top of the areola. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Motion to concur with Planning Commission recommendation for approval by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-14. ORDINANCE P-10 FOR ADULT ORIENTED BUSINESSES AND ADULT SERVICE PROVIDERS Case #: TA2016006 Supervisor District: All Applicant/Owner: Commission-initiated Request: A Text Amendment to update the P-10 Adult Oriented Businesses and Adult Service Providers Ordinance to align with new departmental procedures. The Maricopa County Sheriff’s Office is now responsible for implementing this ordinance and not the Planning and Development Department. Additional Comments: Proposed verbatim language is attached to the Commission report. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval. Recommended to continue this item to the May 10, 2017 meeting. (C-44-17-081-M-00) Proposed verbatim language is (language to be added is underscored, language to be deleted is struck-through): ORDINANCE P-10 FOR ADULT ORIENTED BUSINESSES AND ADULT SERVICE PROVIDERS SECTION 2. DEFINITIONS Director means the director of Maricopa County Planning and Development Department or the Director's designee. SECTION 4. ADMINISTRATION a) The administration of this ordinance, including the duty of prescribing forms, is vested in the Sheriff Director, except as otherwise specifically provided. The County Sheriff shall render such assistance in the administration and enforcement of this ordinance as may be requested by the Director. b) License or permit applications made pursuant to this ordinance shall be submitted to the Sheriff Director who shall grant, deny, suspend or revoke licenses or permits in accordance with the provisions of this ordinance. SECTION 6. APPLICATION FOR ADULT ORIENTED BUSINESS LICENSE Formal Meeting Minutes Wednesday, April 26, 2017 Page 25 of 73 a) An applicant for an adult oriented business license shall file at the office of the Sheriff Director an application, signed under oath by the applicant and notarized, accompanied by the fee required under section 21. An applicant or other person whose fingerprints and photograph are required under paragraph C may, at his option, be photographed and fingerprinted at the office of the Sheriff or other law enforcement agency. An application shall be deemed complete when the Sheriff Director has received the required fees, all information required in paragraph C, fingerprints of the applicant and a photograph of the applicant's face, and, in the case of a corporation or other business organization, a photograph and fingerprints of all persons for whom information is required under paragraph C of this section. The purpose for obtaining these fingerprints and photographs is to obtain a state and federal records check. The Sheriff's Office and the Department of Public Safety are authorized to exchange this information with the Federal Bureau of Investigation. d) The information provided pursuant to subparagraphs 5 and 6 of paragraph C of this section shall be supplemented in writing by certified mail to the Sheriff Director within ten working days of a change of circumstances which would render the information originally submitted false or incomplete. e) As requested by the director, the The Sheriff shall investigate and confirm information supplied by the applicant. SECTION 9. CONFIDENTIALITY The information provided by an applicant in connection with the application for a license or permit under this ordinance is confidential and shall be maintained in confidence by the Sheriff Director. SECTION 10. GRANT OR DENIAL OF LICENSE OR PERMIT a) Upon receipt of a complete application for an adult oriented business license, the Sheriff Director shall issue to the applicant a temporary business license. Within forty five days after receipt of a complete application for an adult oriented business license, the Sheriff Director shall mail to the applicant a regular license or a notice of intent to deny. If the Sheriff Director fails to do so, the license shall be deemed granted. b) Upon receipt of an application for an adult oriented business manager permit or an adult service provider permit, including all information required by sections 7(b) and 8(b), payment of the required fees and completion of photograph and fingerprinting requirements of section 6, the Sheriff Director shall issue to the applicant a temporary permit. Within thirty days after issuance of a temporary permit, the Sheriff Director shall mail to the applicant a regular permit or a notice of intent to deny. If the Sheriff Director fails to do so, the permit shall be deemed granted. c) The Sheriff Director shall grant a regular license or permit to an applicant who has completed all requirements for application, unless the Sheriff Director finds any of the following conditions noted below. For purposes of this paragraph, a person required to submit information pursuant to section 6(c) shall be deemed an applicant. SECTION 12. ADULT SERVICE PROVIDER OR MANAGER WORK IDENTIFICATION CARD The Sheriff Director shall provide a work identification card to all adult service providers and adult oriented business managers. The card shall contain a photograph of the Formal Meeting Minutes Wednesday, April 26, 2017 Page 26 of 73 permittee, the number of the permit issued to that permittee and the date of expiration of the permit. SECTION 13. ADULT SERVICE BUSINESS: OPERATING REQUIREMENTS k) A sign, in a form to be prescribed by the Sheriff Director summarizing the provisions of subparagraphs c, d, j, and l of this section, shall be posted near the entrance of an adult service business in such a manner as to be clearly visible to patrons upon entry. SECTION 16. SUSPENSION OF LICENSE OR PERMIT The Sheriff Director shall suspend a license or permit for a period of ten days if the licensee or permittee is convicted of violating a provision of this ordinance. SECTION 17. REVOCATION OF LICENSE OR PERMIT The Sheriff Director shall revoke a license or permit issued pursuant to this ordinance if the licensee or permittee: SECTION 18. PROCEDURES FOR DENIAL. REVOCATION. NONRENEWAL OR SUSPENSION: APPEAL If the Sheriff Director determines that grounds exist for denial, suspension or revocation of a license or permit under this ordinance, he/she shall notify the applicant, licensee or permit tee (respondent) in writing of his/her intent to deny, suspend or revoke, including a summary of the grounds therefore. The notification shall be by certified mail to the address on file with the Sheriff Director. Within ten working days of receipt of such notice, the respondent may provide to the Sheriff Director in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended or revoked and may include a request for a hearing. If a response is not received by the Sheriff Director in the time stated, the notification shall be the final administrative action of denial, suspension or revocation and notice of such will be sent to the permittee or licensee within five working days after the expiration of the period for submitting a response. Within five working days after receipt of a response, the Sheriff Director shall either withdraw the intent to deny, suspend or revoke, and send notification of the withdrawal to the respondent in writing by certified mail, or shall schedule a hearing before a hearing officer and send notification to the respondent in writing by certified mail of the date, time and place of the hearing. If the Sheriff Director fails to send a timely notification either withdrawing the intent or scheduling a hearing, The intent to deny, suspend or revoke shall be deemed withdrawn. The hearing, if requested, shall be scheduled not less than fifteen or more than thirty working days after receipt by the Sheriff Director of the request for a hearing. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel. If respondent is represented by counsel, attorneys' fees shall be at the expense of respondent. The rules of evidence shall not apply. Respondent shall have the burden of proving by a preponderance of the evidence that the denial, suspension or revocation was arbitrary or capricious and an abuse of discretion. The hearing officer shall render a written decision within five working days after completion of the hearing and shall mail a copy of the decision by certified mail to the address of the respondent on file with the Sheriff Director. If more than forty five days elapse between receipt by the Sheriff Director of a request for a hearing and mailing by the hearing officer of a final decision to the respondent, a decision in favor of the applicant, licensee or permittee shall be deemed to have been rendered. In the case of an intent to revoke, suspend or nonrenewal a license or permit, or to deny a regular license or permit, the permittee or licensee may continue to function under the regular or temporary license or permit pending receipt of the final decision of the hearing officer. The decision shall be final at the end of five working days after it is mailed and shall constitute final administrative action. Formal Meeting Minutes Wednesday, April 26, 2017 Page 27 of 73 SECTION 20. LICENSE AND PERMIT RENEWAL a) A license or permit may be renewed by filing an application for renewal in writing with the Sheriff Director. The application shall contain the information required to be submitted with an original application, including fingerprints and a photograph, provided that, a renewal application need not contain any other information that has been provided in a previous application and has not changed since the time of the most recent application. An application for license renewal shall be received by the Sheriff Director not less than forty five days before the expiration of the license. An application for permit renewal shall be received by the Sheriff Director before expiration of the permit. b) The Sheriff Director may deny an application for renewal for the reasons and in accordance with the procedures set forth in Section 10. SECTION 21. FEES d) A duplicate or certified copy of a license, permit or identification card shall be issued by the Sheriff Director upon payment of a fee of ten dollars ($10). Motion to continue item to May 10, 2017 by Supervisor Chucri, seconded by Supervisor Gallardo Motion to concur with Planning Commission recommendation for approval by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-15. ORDINANCE P-16, MILITARY AIRPORT ZONING Case #: TA2016010 Supervisor District: All Applicant/Owner: Tiffany & Bosco, P.A. Request: A Text Amendment to add language to The 1978 Military Airport Zoning Ordinance for the Unincorporated Area of Maricopa County to allow for rezoning of properties within the Airport Zoning Districts when it is no longer applicable due to military airbase closure. Additional Comments: Proposed verbatim language is attached to the Commission report. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval. (C-44-17-079-M-00) Proposed verbatim language is (language to be added is underscored, language to be deleted is struck-through): Article IV. APPLICABILITY Section 402. Applicability to Non-Military Airports Formal Meeting Minutes Wednesday, April 26, 2017 Page 28 of 73 When a military airbase is decommissioned to a non-military airport for municipal, public or private operations the purpose of this ordinance is no longer applicable. In such event an owner of property subject to an Airport District zoning designation may seek an amendment, or a zone change, as outlined in Section 304 of the Zoning Ordinance for the Unincorporated Area of Maricopa County (Maricopa County Zoning Ordinance). Motion to concur with the Planning Commission’s recommendation for approval by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-16. CALDWELL COUNTY BBQ ZONE CHANGE Case #: Z2016106 Supervisor District: 1 Applicant/Owner: Tiffany & Bosco, PA/ A & S Capitol, LLC Request: Zone Change from AD-2 to C-1 Site Location: Generally located west of the northwest corner of Power Road and Nunnelley Road Site Size: 36,590 Square feet County Island Status: Town of Gilbert Additional Comments: This zone change request is in conjunction with the Text Amendment to update the 1978 Military Zoning Ordinance for the Unincorporated Areas of Maricopa County, case # TA2016010. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval of case number subject to conditions ‘a’ – ‘f’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled Caldwell County BBQ, consisting of one (1) full-size sheet, dated March 2, 2017 and stamped received March 3, 2017 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled A&S Capitol, LLC - Caldwell County BBQ, consisting of 6 pages, dated February 27, 2017, and stamped received February 27, 2017, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services from Gilbert County Island Fire District for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. If a shared access agreement is unable to be coordinated with the property to the west, a site visibility easement will be needed prior to construction. e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. Formal Meeting Minutes Wednesday, April 26, 2017 Page 29 of 73 f. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-17-078-M-00) Motion to concur with the Planning Commission’s recommendation for approval by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-17. REPLAT VERDE RIVER UNIT ONE Case #: S2016014 Supervisor District: 2 Applicant/Owner: HilgartWilson / Tegavah Construction, LP Request: Replat of Verde River Unit One consisting of 22 residential lots and 1 tract in the R1-10 zoning district. Site Location: Generally located at the northeast corner of Rio Verde Drive and 172nd Street Site Size: 15.38 acres County Island Status: N/A Additional Comments: Staff considers this Final Plat Replat to be in substantial conformance with the approved Trilogy at Verde River Unit One Final Plat (S2005032). The overall lot and tract layout has remained in substantial conformance. There is an ADWR Certificate associated with this Final Plat and is certified under #27-700729.0002. The Final Plat Replat consists of the removal and change of drainage easements across existing lots. The Final Plat (S2016014) meets all applicable subdivision regulations and zoning regulations of the R1-10 zoning district. Recording fees will be furnished at the time of Final Plat recordation. All requirements of the Maricopa County Department of Transportation, the Maricopa County Environmental Services Department, the Flood Control District of Maricopa County, and the Drainage Review Division of the Maricopa County Planning and Development Department have been met. Staff Recommendation: Approve (C-44-17-077-M-00) Motion to concur with the Planning Commission’s recommendation for approval by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, April 26, 2017 Page 30 of 73 REGULAR AGENDA - AGENDA REGULAR PZ-18. GROUP HOME/GROUP CARE FACILITY DEFINITIONS Case #: TA2016001 Supervisor District: All Applicant: Commission-initiated Request: Text Amendment to the Maricopa County Zoning Ordinance, Chapter 2, Section 201 Site Location: Countywide Comments: One email of support was received from the New River-Desert Hills Community Association, dated December 1, 2016. One letter of concern was received from the East Valley Property Rights Coalition. Concerns were addressed with the proposed language. Additional Comments: One key factor in differentiating between a Group Home and a smaller Group Care Facility is the definition language in Group Home speaking to “living together as a single housekeeping unit in a long term, family-like environment”. To further clarify this differentiation, it may be appropriate to remove verbiage of “as their primary residence” from the definition of Group Care Facility. This verbiage will not always be applicable and thus its inclusion will lead to confusion of interpretation. Therefore, Board may wish to consider omitting verbiage from the proposed text amendment as recommended by the Commission, so that the definition of Group Care Facility reads as follows: GROUP CARE FACILITY: A dwelling unit shared by any class of patient residents under supervised care who do not qualify as a Group Home. Proposed verbatim language as recommended by the Commission is noted below. The Commission’s motion included revised language to the definition of Group Home from that in the staff report. The Commission recommendation is noted below in final format: ARTICLE 201.2 Definitions: ADJUDICATED PERSON: A person who is actively on parole or probation and ordered by court or regulatory agency to reside at a specific address. Two or more such persons (who are not spouses or minor children related by blood or adoption) at the same address shall be considered a Group Care Facility. FAMILY: An individual or two (2) or more persons related by blood, marriage, or adoption, and usual servants, living together as a single housekeeping unit in a dwelling unit, or a group of not more than five (5) persons, who need not be related, living together as a single housekeeping unit in a dwelling unit. (This definition shall also include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.) GROUP CARE FACILITY: A dwelling unit shared as their primary residence by any class of patient residents under supervised care who do not qualify as a Group Home. GROUP HOME: A dwelling unit shared as their primary residence by minors, handicapped Formal Meeting Minutes Wednesday, April 26, 2017 Page 31 of 73 or elderly persons, living together as a single housekeeping unit, in a long term, family-like environment in which staff persons provide on-site care, training, or support for the residents. Such homes or services provided therein shall be licensed by, certified by, approved by, registered with, funded by or through, or under contract with the State. (Group homes shall not include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.) Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval as noted above. (C-44-17-095-M-00) Darren Gerard read the proposed amendment for the record. GROUP CARE FACILITY: A dwelling unit shared as their primary residence by any class of patient residents under supervised care who do not qualify as a Group Home. Proposed verbatim language is (language to be added is underscored, language to be deleted is struck-through): ARTICLE 201.2 Definitions: ADJUDICATED PERSON: A person who is actively on parole or probation and ordered by court or regulatory agency to reside at a specific address. Two or more such persons (who are not spouses or minor children related by blood or adoption) at the same address shall be considered a Group Care Facility. FAMILY: An individual or two (2) or more persons related by blood, marriage, or adoption, and usual servants, living together as a single housekeeping unit in a dwelling unit, or a group of not more than five (5) persons, who need not be related, living together as a single housekeeping unit in a dwelling unit. (This definition shall also include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.) GROUP CARE FACILITY: A dwelling unit shared by any class of patient residents under supervised care who do not qualify as a Group Home. GROUP HOME FOR THE HANDICAPPED AND ADULT CARE: A dwelling unit shared as their primary residence by minors, handicapped or elderly persons, living together as a single housekeeping unit, in a long term, family-like environment in which staff persons provide on-site care, training, or support for the residents. Such homes or services provided therein shall be licensed by, certified by, approved by, registered with, and funded by or through, or under contract with the State. (Group homes shall not include homes for the developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.) Motion to concur with the Planning Commission’s recommendation for approval as amended with modifications by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-19. HOME OCCUPATIONS Case #: TA2016007 Supervisor District: All Formal Meeting Minutes Wednesday, April 26, 2017 Page 32 of 73 Applicant: Commission-initiated Request: Text amendment to the Maricopa County Zoning Ordinance, Chapters 2, 5, 6 & 13 regarding Home Occupations. Site Location: Countywide Additional Comments: Proposed verbatim language as recommended by the Commission is that included in the staff report to the Commission. One email of support was received from the New River-Desert Hills Community Association, dated December 1, 2016. One letter of concern was received from the East Valley Property Rights Coalition. These concerns were addressed in the recommended language. Subsequent discussion with an individual external to EROP resulted in his request for added language to permit outdoor activity of a benign nature. His request was not discussed at the Commission hearing nor included in the Commission recommendation. Additional language has also been provided to clarify the type of vehicles considered to be commercial suppliers. In order to incorporate limited outdoor activity and clarify commercial suppliers as part of a Home Occupation, the Board may wish to consider additional language in four Articles as shown below in final format: Modification to proposed MCZO, Arts. 501.2.10.c & 601.2.8.c: c. The business shall be conducted entirely within a completely enclosed building, other than allowance for limited outdoor storage per item ‘n’ below. Physical business activity other than storage may occur within the area described per item ‘n’ below except that no mechanical equipment or power tools shall be operated out of doors, and in no instance shall any outdoor activity exceed the height of screening and not to exceed eight (8) feet. Modification to proposed MCZO, Arts. 501.2.10.l & 601.2.8.l: l.p. Deliveries from commercial suppliers (vehicle weight greater than 10,000 lbs.) shall not restrict traffic circulation and shall occur between 8:00 a.m. and 5:00 p.m., Monday through Friday. Commission Recommendation: On March 30, 2017, the Commission voted 6-0 to recommend approval. (C-44-17-094-M-00) Darren Gerard read the proposed amendment with modifications for the record. Proposed verbatim language is (language to be added is underscored, language to be deleted is struck-through): SECTION 501. RURAL-190 (Rural Zoning District) ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 10. Home occupations, cottage industry, subject to the following: SECTION 601. R1-35 (Single-Family Residential Zoning District) ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 8. Home occupations, cottage industry, subject to the following: Formal Meeting Minutes Wednesday, April 26, 2017 Page 33 of 73 a. The entrepreneur of a home occupation shall reside in the dwelling on the property in which the business operates. b. No one other than the residents of the dwelling shall be employed in the conduct of the home occupation. The number of persons who are employed in connection with the occupants, but who are non-residents of the dwelling on the property in which the business operates, shall not exceed three. c. The business shall be conducted entirely within a completely enclosed dwelling building, other than allowance for limited outdoor storage per item ‘n’ below. Physical business activity other than storage may occur within the area described per item ‘n’ below except that no mechanical equipment or power tools shall be operated out of doors, and in no instance shall any outdoor activity exceed the height of screening and not to exceed eight (8) feet. d. The total area used in the conduct of the business shall not exceed 15% or 250 square feet of the habitable dwelling area, whichever is less. e. There shall be no signs, advertising, display or other indications of the home occupation on the premises. f. The residential address of the business shall not be listed in any business directory or in any advertising. g. Direct sales of products from display shelves or racks is prohibited. However, a customer may pick up an order previously made by telephone or at a sales meeting. d.h. The home occupation shall not interfere with the delivery of utilities or other services to the area. e.i The business shall not generate any noise (if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance), vibration, smoke, dust, odors, heat, glare, or electrical interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes. f.j. No mechanical equipment or power tools shall be used except that used for normal household purposes if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance. g.k. No toxic, explosive, flammable, radioactive, or other similar material shall be used, sold, or stored on the site. h.l. There shall be no change to the residential appearance of the premises, except that a separate business entrance shall be permitted. A maximum four (4) square foot sign shall be permitted, and the sign shall otherwise meet the requirements of Article 1402.2 of this Ordinance including the creation of separate or exclusive business entrance(s). i.m. Unless a passenger vehicle accessory to the residence or an employee, not No more than one vehicle used in commerce shall be permitted in connection with the home occupation. Said vehicle shall be stored in an enclosed garage at all times and shall have no more than two axles. j.n. The number of customers, clients or students on the premises shall not exceed one five at any time. k.o. No non-resident employees, customers, clients or students shall be permitted on the premises for business purposes between the hours of 10:00 p.m. and 7:00 a.m. l.p. Deliveries from commercial suppliers (vehicle weight greater than 10,000 lbs.) shall not occur more than once a month, shall not restrict traffic circulation and shall occur between 8:00 a.m. and 5:00 p.m., Monday through Friday. q. Any outdoor display or storage of materials, goods, supplies, or equipment shall be prohibited. m.r. If the home occupation requires that any non-resident employees, customers, Formal Meeting Minutes Wednesday, April 26, 2017 Page 34 of 73 clients or students visit the property, a minimum of one (1) additional off-street parking space shall be provided per Chapter 11, Section 1102 of this Ordinance. For the purpose of providing said parking space, tandem parking is permissible. The maximum number of additional off-street parking spaces permitted shall be six. n. The outdoor storage of materials shall be limited to a maximum of 25% of total lot area and shall not be located within any required front or street side yard. Any outdoor storage shall be completely fenced with a solid masonry wall or wood fence to obstruct the view to a height equal to the elevation of the tallest materials to be stored with a maximum height of stored materials of eight feet. o. All outdoor lighting shall be shielded so as not to direct or reflect light upon adjoining land, shall not be constructed within 20 feet of any adjoining property under other ownership, and shall not exceed 20 feet in height. p. A Home Occupation Conditional Use Permit issued to one person shall not be transferable to any other person; is not attached to the land; and is not transferable from one place of residence to another. q. The home occupation shall not begin operation without an approved Conditional Use Permit per Section 1303 of this Ordinance. However, if these conditions cannot be met, a Special Use Permit per Section 1301 of this Ordinance shall be required. SECTION 1301. SPECIAL USES ARTICLE 1301.1. SPECIAL USES: The Board of Supervisors may permit as a Special Use any of the following uses in any zoning district unless otherwise specified in this Section: 18. Home occupations, cottage industry that do not meet the conditions of Article 501.2.10 in Rural Zoning Districts or that do not meet the conditions of Article 601.2.8 in Single-Family Residential Zoning Districts subject to the following requirements: provided the entrepreneur shall reside in the dwelling on the property in which the business operates. 1. The entrepreneur of the cottage industry shall reside in the dwelling unit in which the business operates. 2. The number of persons who are employed in connections with the occupants, but who are non-residents of the dwelling, shall not exceed three. 3. The cottage industry may be conducted either within the dwelling or an accessory structure, or both. Not more than 50% of the combined floor area of the dwelling and any accessory structure(s) shall be used in the conduct of the cottage industry. The square footage of the cottage industry shall not exceed the square footage of the dwelling. 4. Only one sign for the cottage industry may be permitted. Such sign shall not exceed 16 square feet in area. Such sign shall be nonilluminated. Such sign may be placed flat against the wall of a building or such sign may be a freestanding monument sign, but the height of such sign shall not exceed 12 feet for a wall sign and six feet for a monument sign. 5. The business shall be conducted in an enclosed building, and any commercial vehicle used in conjunction with the cottage industry conducted on the lot shall be limited to one and shall be parked within an enclosed building when not in use. 6. Adequate off-street parking shall be provided in accordance with the standards of Chapter 11, Section 1102. Herein (including design and paving of parking areas), and the maximum number of parking spaces permitted shall be six. 7. The outdoor storage of materials shall be limited to a maximum of 25% of total lot area and shall not be located within any required front or street side yard. Any outdoor storage shall be completely fenced with a solid masonry wall to Formal Meeting Minutes Wednesday, April 26, 2017 Page 35 of 73 obstruct the view to a height equal to the elevation of the tallest materials to be stored with a maximum height of stored materials of eight feet. 8. Any property for which a Special Use for a cottage industry is approved shall front on and have direct access to a paved road accepted for maintenance by the County Highway Department or other governmental agency. 9. Any outdoor lighting on a property approved for a cottage industry use shall be directed on site and shall conform to the shielding requirements for outdoor lighting as specific in Chapter 11, Section 1112. Herein. 10. A Cottage Industry Special Use Permit issued to one person shall not be transferable to any other person; is not attached to the land; and is not transferable from one place of residence to another. 11. Direct sales of products from display shelves or racks is allowed provided such sales are specifically approved as part of the Special Use. However, a customer may pick up an order previously made by telephone or at a sales meeting. 12. The cottage industry shall not interfere with the delivery of utilities or other services to the area. 13. The business shall not generate any noise, vibration, smoke, dust, odors, heat, glare, or electrical interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes. 14. The owner or operator of a cottage industry shall obtain a cottage industry permit from the Zoning Inspector prior to initiating business activity on the premises. 15. There shall be no variance or waiver from these requirements except by unanimous vote of all members of the Board of Supervisors. 16. The recommendation of the Commission may consist of additional reasonable requirements including but not limited to the following: a. The number of non-resident employees, clients, customers or students visiting the site. b. The hours of operation. c. Deliveries to the site. d. The types of materials used in the business. e. The types and amounts of materials, products and services sold by the business. f. The types and amounts of materials manufactured by the business. g. The types, amounts and locations of materials stored for use by the business. h. The types and sizes of vehicles used in the business. i. Parking requirements. j. Screening. k. Landscaping. l. Signs. m. Paved access. n. Lighting. Supervisor Chucri thanked the staff for working on this item Motion to concur with the Planning Commission’s recommendations for approval as amended with modifications by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta Formal Meeting Minutes Wednesday, April 26, 2017 Page 36 of 73 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. PERSON TRANSFER FOR ROADRUNNER RESTAURANT AND SALOON Pursuant to A.R.S. § 4-203, approve an application for a Person Transfer of a Series 6 Liquor License from Jeffery Allen Riggs, Agent/Owner of JNJ Ventures LLC to Jeffery Allen Riggs and Jennifer Beeman, Trustees of RRS Trust the sole member of Gavilan Holdings, LLC for Roadrunner Restaurant & Saloon at 47801 North Black Canyon Highway, New River, Arizona 85087. (AZ 06070118) (Supervisorial District 3) (C-06-17-381-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. SPECIAL EVENT LICENSE FOR KIWANIS CLUB OF NEW RIVER Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Cynthia M. Faber for Kiwanis Club of New River at 48606 North 17th Avenue, New River, Arizona, 85087 to be held on Saturday, May 13, 2017 from 4:00 pm to 10:00 pm (Supervisorial District 3) (C-06-17-439-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Parks and Recreation 8. PROPOSED REVISIONS OF THE MARICOPA COUNTY PARKS AND RECREATION DEPARTMENT USER FEE SCHEDULE Pursuant to A.R.S. §11-251.08 and 11-251.13, convene the scheduled public hearing, to solicit comments and consider the adoption of proposed changes to the Maricopa County Parks and Recreation Department User Fee Schedule. Upon Board approval, this item will become effective May 1, 2017. By this action, the Department wishes to: 1. adopt a $5/person general admission fee for users of the Hassayampa River Preserve Conservation area for users over 12 years old; 2. remove the room restriction on the meeting room fee, thereby allow meeting room fees charged to be consistent across the park system. Upon Board approval, these fee changes will become effective May 1, 2017, except as to members of the Friends of Hassayampa and The Nature Conservancy who will pay the new fees on January 1, 2018 as more fully detailed below. The adoption of a Hassayampa River Preserve entrance fee is in anticipation of the transfer of the Hassayampa River Preserve property from The Nature Conservancy (TNC) to the County by the end of April. Upon closing, the County will begin full operations and maintenance of the Preserve. TNC currently charges $5.00 per person admission for the general public; $3.00 per adult for TNC members with children 12 and under admitted free; and free entry for each member of the Friends of Hassayampa and holders of a TNC, Arizona Chapter Pass (limit 2 adults/pass). Maricopa County proposes one fee for all parties; $5.00 per person with children under 12 admitted for free. However, pursuant to Formal Meeting Minutes Wednesday, April 26, 2017 Page 37 of 73 the County’s Operations Plan with TNC, current members of Friends of Hassayampa, holders of TNC, Arizona Chapter Passes and TNC Members, will pay fees currently charged by TNC through December 31, 2017. After that time, general admission fee will be $5.00/person for all entrants, except children 12 and under are free. This entry fee and the remaining fee changes will enable the Department to apply any changes in fees to off-set park operations and maintenance. The Parks and Recreation Commission held a public meeting regarding the proposed fee revisions on September 20, 2016. No comments were received from the public. The meeting was advertised on the Parks’ website and in the parks. Changes to the Parks’ fees schedule must be scheduled for public hearing pursuant to A.R.S. §§11-251.08 and 11- 251.13. (C-30-17-020-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation – Transportación 9. 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. Motion to approve by Supervisor Gates, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo a. ROAD FILE NO. A551 Convene a hearing for Road File No. A551 to Open and Declare the following described alignment into the County Transportation System. Therefore, pursuant to provisions in A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A551. 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: Dove Valley Road and 10th Street and in Unincorporated Maricopa County. Supervisory District No. 3) (C-64-17-093-M-01) 10. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0042 Convene a hearing for Road File No. PAB-0042 to consider the request to abandon a portion of a Federal Patent Easement Number #1199878 lying in the W2 of the NE4 of the NW4 of the NW4 of Section 35 – T6N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of Joy Ranch Road and 26th Street, and known as Assessor Parcel 211-67-003K. Notice conditions and the request for comment requirements have been met. Formal Meeting Minutes Wednesday, April 26, 2017 Page 38 of 73 Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P- 34 and Maricopa County Department of Transportation Procedure # P5203, it is recommended by the Department of Transportation Director, that the Board of Supervisors resolves to abandon a portion of a Federal Patent Easement, Road File No. PAB-0042. Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. This item was continued from the April 12, 2017 Formal meeting. Supervisory District No. 3 (C-64-17-075-M-01) Motion to approve by Supervisor Gates, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Sheriff - Alguacil 11. ONE-TIME ADDITIONS TO SHERIFF’S FLEET Approve one-time additions to fleet of two (2) redlined vehicles, a 2007 Ford Expedition valued at $5,385, and a 2009 Ford Expedition valued at $8,152 to be used in the Sheriff's Special Weapons and Tactics (SWAT) Division. The purpose of these vehicles is for on-call use by the Negotiations Unit to respond to critical incidents which will keep the department compliant and maintain National and Federal Bureau of Investigations (FBI) standards. Annual combined vehicle operational costs are anticipated to be $14,000 and will be funded by the General Fund. These vehicles will be retired at the end of their useful life with no funding from the General Fund for replacement. These vehicles will have minimal County markings and Government license plates. (C-50-17-090-V-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 12. INCREASE TO COMPETITION IMPRACTICABLE PROCUREMENT WITH IBM FOR COPLINK SOFTWARE SUPPORT Approve an increase of $1.3 million for a total of $2 million to the Competition Impracticable (CI) Procurement, in accordance with Maricopa County Procurement Code, Section MCI- 351, with IBM to provide annual support for CopLink software as per contract 13149-CI, effective September 10, 2014 and expiring September 30, 2019. This item is grant funded through the Arizona Department of Homeland Security and was initially approved by the Board of Supervisors on October 8, 2014 in an agenda with an attached CI for $700,000 and first year (FY 2015) expenditure impact of $162,000. The AZLink structure has changed since the initial CI. Maricopa County's node now includes the City of Phoenix and City of Tucson, where originally they were independent nodes providing service to various cities and towns. This consolidation has resulted in CopLink funding previously directed to those jurisdictions now being directed to Maricopa Formal Meeting Minutes Wednesday, April 26, 2017 Page 39 of 73 County. Approval of this item will allow the Sheriff's Office to continue utilizing the CopLink system using the current vendor. This procurement covers 5 years of maintenance and data interface development (MCSO Data Source Integration Maintenance Services). The CopLink system is proprietary software of which only IBM can provide support. This contract is terminable at any time if grant funding ceases. In the event of termination, the County shall be liable for payment only for services rendered prior to the effective date of the termination. (C-50-15-025-M-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 13. IGA WITH CITY OF TEMPE FOR DETENTION ACADEMY TRAINING Approve an Intergovernmental Agreement between City of Tempe and Maricopa County through the Sheriff's Office, in the not-to-exceed amount of $150 per academy participant. The purpose of this IGA is to allow City of Tempe Detention recruits to attend Sheriff’s Detention Training Academies. This IGA is effective from November 1, 2016 until June 30, 2020. The Sheriff's Office conducts several detention academies throughout the year. The cost is for supplies. (C-50-17-091-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 14. IGA WITH MOHAVE COUNTY SHERIFF’S OFFICE FOR DETENTION ACADEMY TRAINING Approve an Intergovernmental Agreement between Mohave County Sheriff’s Office and Maricopa County through the Sheriff's Office, in the not-to-exceed amount of $150 per academy participant. The purpose of this IGA is to allow Mohave County Sheriff’s Office Detention recruits to attend Maricopa County Sheriff’s Detention Training Academies. This IGA is effective from May 1, 2017 until June 30, 2020. The Maricopa County Sheriff's Office conducts several detention academies throughout the year. The cost is for supplies. (C-50- 17-092-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Superintendent of Schools - Education Service Agency - Superintendente de Escuelas - Agencia de Servicio de Educación 15. AMENDMENT TO IGA WITH GOVERNOR'S OFFICE OF YOUTH, FAITH AND FAMILY FOR YOUTH ENGAGEMENT PROGRAM Approve Amendment No. 1 of the Intergovernmental Agreement between the Governor's Office of Youth, Faith and Family and Maricopa County through the Education Service Agency (MCESA) in the amount of $20,000. This IGA is effective from October 1, 2016 to September 30, 2017. This provides funding for MCESA to continue work with the School Districts for a Youth Engagement program. Authorize the Chairman of the Board of Supervisors, or designee, to sign all documents related to this award. The department's indirect cost rate for FY 2017 is 9.6%. The recoverable indirect cost of administering this grant is $1,751.82; the non-recoverable indirect cost is $0.00. Grant revenues are not "local revenues" for the purpose of the constitutional expenditure limitation, and therefore expenditure of the funds is not prohibited by the budget law. This Formal Meeting Minutes Wednesday, April 26, 2017 Page 40 of 73 budget request does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-37-16-016-G-01) Motion to approve by Supervisor Gates, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo Treasurer - Tesorero 16. STATEMENT OF COLLECTIONS AND INVESTMENT SUMMARY REPORT FOR MARCH 2017 Pursuant to A.R.S. § 11-501, accept the Treasurer's Statement of Collections and Investment Reports for March 2017, as on file in the Clerk of the Board's Office and retained in accordance with Arizona State Library Archives and Public Record (ASLAPR) approved retention schedule. (ADM4006) (C-43-17-041-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 17. OFFER ON TAX DEEDED LAND PARCEL PREVIOUSLY OFFERED Pursuant to A.R.S. §42-18303(E), accept the cash offer of $1,000.00 from the City of Phoenix on the following Tax Deeded Land parcel(s) for which the following conditions apply: Date Previously Offered – March/April 2016 Parcel Number – 206-04-006G Purchaser / Name for the Deed – City of Phoenix, a municipal corporation Amount of Offer – $1,000.00 The Board of Supervisors may accept an offer from, and sell real property held by this state by tax deed to, the county or a city, town or special taxing district in the county for a public purpose related to transportation or flood control. The Board of Supervisors shall convey the deed and apportion the monies received in the transaction in the manner prescribed by this section. Direct that the Treasurer’s Office accept payment and prepare the deed to convey the properties sold and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42-18262, the proceeds from the sale in the total amount of $1,000.00 will revert to the County General Fund. The Treasurer recommends to the Board of Supervisors that the offer be accepted. The subject property lies within Supervisorial District 3 and has the following crossroads: N. 27th AVE and W. Deer Valley Road (C-43-17-040-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 18. INTERGOVERNMENTAL SERVICE AGREEMENT WITH ARIZONA DEPARTMENT OF Formal Meeting Minutes Wednesday, April 26, 2017 Page 41 of 73 ENVIRONMENTAL QUALITY FOR VOLUNTARY VEHICLE REPAIR PROGRAM Approve an Intergovernmental Service Agreement between Arizona Department of Environmental Quality (ADEQ) and Maricopa County through the Air Quality Department, for the purpose of allowing ADEQ to administer the Voluntary Vehicle Repair Program (“VVRP”) on behalf of Maricopa County, as required by A.R.S. §49-474.03. As part of this Agreement, the “Board of Supervisors” are acting under the authority of A.R.S. §11-952 to enter into this agreement. This Intergovernmental Agreement is non-financial and is effective from April 26, 2017 until June 30, 2018. The Voluntary Vehicle Repair and Retrofit Program (VVRRP) was enacted (Laws 1998, Chapter 217, § 19) to provide assistance to the owners of vehicles that were 12 years old or older to help them comply with the requirement to successfully repair vehicles that had failed emissions inspections. Arizona law (A.R.S. §49-474.03) requires Maricopa County and Pima Counties to operate and administer a VVRRP in Area A and Area B (A.R.S. §49- 541) and to coordinate the program with the Arizona Department of Environmental Quality (ADEQ) and the Arizona Department of Transportation (ADOT). The program is required to provide for quantifiable emission reductions based on actual emissions testing performed on the vehicle before and after repair. The VVRP (including the 18 month pilot) which began in January 1999, repaired or retrofitted nearly 13,000 vehicles that failed emissions tests. Virtually all were light-duty gasoline vehicles. While diesels are eligible for the program, only three diesel-powered vehicles were repaired during the decade in which the program operated. For the first nine years of the program, 850 to over 1,100 vehicles were repaired or retrofitted each year. (The retrofit portion is no longer part of the program since retrofit kits are no longer manufactured). The program has been renamed as the Voluntary Vehicle Repair Program (VVRP). In the final two years, with much reduced funding, a total of 1,221 vehicles were involved in the program. This Agreement will allow ADEQ to implement the VVRP on behalf of Maricopa County. The Agreement terminates June 30, 2018. (C-85-17-020-3-00) Chairman Barney stated this is a program that they are bringing back and hopefully will be able to attain the standards. Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 19. DONATION FROM ARIZONA COMMUNITY FOUNDATION Accept the restricted monetary donation of $2,000.00 from Arizona Community Foundation of Phoenix, AZ to fund medical and surgical needs of animals in the shelter and animals that have the potential to end up in the shelter. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-17-052-M- 00) Formal Meeting Minutes Wednesday, April 26, 2017 Page 42 of 73 Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 20. DONATION FROM PET FINDER FOUNDATION FOR PLAY YARD RENOVATIONS Accept the restricted monetary donation of $4,635 from Pet Finder Foundation of Tucson, AZ to fund play yard renovations at the West Shelter. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-17-050-M- 00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 21. DONATION FROM NINA MASON PULLIAM CHARITABLE TRUST Accept the restricted monetary donation from Nina Mason Pulliam Charitable Trust of Phoenix, AZ to fund an animal transport vehicle. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Maricopa County Animal Care and Control received $50,000 in a restricted donation to purchase an animal transport vehicle that will be used primarily to transport animals out of the County. (C-79-17-049-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 22. ADDITION OF VEHICLE TO FLEET Approve a one-time addition to the fleet for an animal transport vehicle, valued not to exceed $50,000. This vehicle will be used mainly to transport animals out of the County. This is a one-time vehicle purchase using restricted donation funds. The vehicle will be retired at the end of its useful life. No general fund monies will be used. The funding for the vehicle was generated from a restricted donation agenda C-79-17-049-M-00. (C-79-17- 051-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 23. NEW HOPE AGREEMENT WITH HELPING ANIMALS LIVE ON DBA HALO Approve an agreement between Helping Animals Live On dba HALO, a 501(C)3 corporation and Maricopa County to allow Helping Animals Live On under the New Hope Program to rescue 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 rescue for each dog three months of age or older at no cost to Formal Meeting Minutes Wednesday, April 26, 2017 Page 43 of 73 the Contractor. The cost for these services is $41 for each animal rescued. Animal Care and Control estimates 300 new hope rescues over the term of the agreement, for a total of $12,300. The term of this Agreement is through June 30, 2017. (C-79-17-048-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo Enterprise Technology - Tecnología Empresarial 24. AMENDMENT TO FY 2017 NON DEPARTMENTAL CAPITAL LEASE DEBT SERVICE FUND BUDGET In accordance with A.R.S. §42-17106(B), authorize the following amendment to the FY 2017 Non Departmental (D470) Budget: 1) Increase the expenditure authority for the Capital Lease Debt Service Fund (321) Desktop Laptop Replacement (DLRP) by $169,060 from $2,926,394 to $3,095,454; and 2) Decrease the expenditure authority in the Non Departmental Grants Fund (249) Non Recurring/Non Project (1001) in the line “Unreserved Contingency” (4711) in the amount of $169,060. The FY 2017 budget for the DLRP debt expense was adopted with an estimated debt service payment. The final debt service payment amount has been finalized which requires an increase to this budget. Funding exists in the Debt Service Fund to pay this additional expense. (C-41-17-003-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Finance - Finanzas 25. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 03/24/2017 through 04/06/2017, from the operating funds to clearing funds including payroll, journal entries, allocations, loans, and paid claims and authorize the issuance of the appropriate related warrants. Pursuant to A.R.S. §11-217(D) and A.R.S. §11-623, said warrants and claims are on file in the Clerk of the Board’s office and retained in accordance with LAPR approved retention schedule. (C-06-17-428-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Resources - Recursos Humanos 26. MARKET RANGES Pursuant to A.R.S §11-251 (38) and 251 (51), approve the addition, replacement, and/or deletion of Market Ranges to the authorized comprehensive listing of employee compensation Market Ranges previously approved by the Board of Supervisors and approve the addition and/or replacement stipends for management/professional assignments (MPA). (C-31-17-034-6-00) Formal Meeting Minutes Wednesday, April 26, 2017 Page 44 of 73 Ranges: Appraiser - Analytic: $20.87-$29.39 ($43,410-$61,131) Appraiser - Analytic Senior: $23.72-$34.34 ($49,338-$71,427) Appraiser - Field: $15.74-$22.62 ($32,739-$47,050) Appraiser - Field Senior: $16.56-$23.81 ($34,445-$49,525) Appraiser Manager: $34.50-$48.97 ($71,760-$101,858) Appraiser Supervisor: $30.19-$42.38 ($62,795-$88,150) County Manager's Special Assistant : $47.12-$80.76 ($98,010-$167,981) Director - Budget: $51.03-$84.39 ($106,142-$175,531) Director - Finance: $51.03-$84.39 ($106,142-$175,531) Director - Human Resources: $51.03-$84.39 ($106,142-$175,531) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 27. REVISIONS TO MARICOPA COUNTY EMPLOYEE MERIT SYSTEM ELIGIBILITY GUIDELINES 1) Modify the Maricopa County Employee Merit System Eligibility Guidelines approved by the Board June 24, 2015 by adding an additional guideline; “Other positions as approved by the Board”. 2) Allow Appraiser Supervisor positions to be excluded from the County’s Employee Merit System. These changes are effective May 8, 2017. The Merit System Eligibility Guidelines were originally approved by the Board on June 24, 2015 (C-31-15-042-6-00). (C-31-15-042-6- 01) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 28. ASSESSOR’S OFFICE SELF-FUNDED UNCLASSIFIED INCENTIVE As part of the Assessor’s Office reorganization and self-funded market adjustments to address recruitment and retention issues (effective May 8, 2017), allow the Assessor to increase Appraiser Supervisor and Appraiser Manager market adjustments an additional 5% if they convert to unclassified. (C-31-17-035-6-00) Chairman Barney noted his appreciation to Paul Petersen, Assessor, for eliminating 10 positions in order to meet the needs of the office. Supervisor Chucri stated there was a period two years ago when Mr. Petersen eliminated positions in order to move forward with his business plan. Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, April 26, 2017 Page 45 of 73 Human Services - Servicios Humanos 29. AMENDMENT TO AGREEMENT WITH ARIZONA COMMUNITY ACTION ASSOCIATION FOR WEATHERIZATION ASSISTANCE PROGRAM Approve revenue Amendment No. 2 to the Agreement between Arizona Community Action Association (ACAA) and Maricopa County, administered by its Human Services Department (MCHSD). Amendment No. 2 amends the Agreement effective date to May 1, 2017 and the expiration date to March 30, 2018, effectively adding an additional program year, PY 2017-18. The Amendment allocates additional funds for PY 2017-18 in an amount not to exceed $271,220 for the Salt River Project Low-Income Weatherization Assistance Program. The Amendment funding expenditure period begins on May 1, 2017 through March 31, 2018. Program expenditures are: $226,016.67 for Direct Services and $45,203.33 for Program Delivery. The Amendment limits 5% of funds or $13,561 to be used for Health & Safety. Unexpended funds from PY 2016-17 will not be available for PY 2017-18 projects. The Indirect rate for FY17 for the Human Services Department approved by U.S. Department of Health and Human Services is 20.4% of personnel costs. However, this Agreement allows for a maximum of 20% program delivery collection for a total amount of $45,203.33, which is applied toward indirect cost recovery. The program delivery for FY17 is $8,218.79 and FY18 is $36,984.54, respectively. This agreement does not contain County General funds. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. The approval of this funding does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through future budget reconciliation. (C-22-15-067-3- 02) Motion to approve by Supervisor Chucri, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 30. AMENDMENT TO AGREEMENT WITH GUADALUPE COMMUNITY DEVELOPMENT CORPORATION FOR HOME INVESTMENT PARTNERSHIPS PROGRAM Approve Amendment No. 1 to the Agreement between Guadalupe Community Development Corporation (GCDC) and Maricopa County administered by its Human Services Department. The purpose of the Amendment is to extend the agreement term from May 26, 2017 to December 31, 2018. Extending the agreement will provide GCDC with additional time to complete the previously approved Work Statement. The Agreement is funded by a grant from the U.S. Department of Housing and Urban Development (HUD). There is no impact to the General Fund. The purpose of the agreement is for GCDC to construct four (4) single family homes for purchase by low- income eligible home buyers in the Town of Guadalupe. The extension will allow GCDC to complete the project approved by the HOME Investment Partnerships Program Consortium and approved by the Board of Supervisors on April 22, 2015. The housing activities meet all HOME Investment Partnerships Program requirements for the required period of affordability. Maricopa County is the lead agency for the Maricopa HOME Consortium. The Board of Supervisors approved the Agreement (C-22-15-057-00) with GCDC on April 22, 2015. (C-22-15-057-3-01) Formal Meeting Minutes Wednesday, April 26, 2017 Page 46 of 73 Motion to approve by Supervisor Chucri, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 31. AMENDMENT TO IGA WITH CITY OF AVONDALE FOR HOME INVESTMENT PARTNERSHIPS PROGRAM Approve non-financial Amendment No. 2 to the Intergovernmental Agreement (IGA) (C-22- 14-043-3-00) between the City of Avondale, a member of the Maricopa HOME Consortium, and Maricopa County administered by its Human Services Department. The purpose of the Amendment is to extend the agreement term from June 30, 2017 to December 31, 2017. Extending the agreement will provide the City with additional time to complete the previously approved Work Statement. The IGA is funded by a grant from the U.S. Department of Housing and Urban Development (HUD). There is no impact to the General Fund. The City of Avondale will provide home buyer assistance to eligible families through this IGA. The extension will allow for the City to complete the project approved by the HOME Investment Partnership Program Consortium and approved by the Board of Supervisors on December 11, 2013. The housing activities meet all HOME Investment Partnerships Program requirements for the required period of affordability. Maricopa County is the lead agency for the Maricopa HOME Consortium. (C-22-14-043-3-03) Motion to approve by Supervisor Chucri, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 32. IGA WITH HOUSING AUTHORITY OF MARICOPA COUNTY FOR COFFELT LAMOREAUX COMMUNITY CENTER Approve a financial Intergovernmental Agreement (Agreement) between Maricopa Housing Authority of Maricopa County (HAMC) and Maricopa County administered by it Human Services Department. The purpose of this Agreement is to house County staff at the Coffelt Lamoreaux housing development complex, Coffelt Lamoreaux Community Center (the “Property”) to assist residents by coordinating service delivery and providing referrals to programs that will assist residents with job searches, food security, utility assistance and education, Head Start programs, and services for youth and elderly. HAMC will provide funding to the County for costs associated with County staff being located in the Coffelt Lamoreaux Community Center. The term of this agreement begins May 1, 2017 and ends on April 30, 2019. Current funding for is for $16,989 for the period of May 1, 2017 to December 31, 2017. Funding for subsequent years will be provided through future Amendments. The Agreement funding is $16,989 is for cost reimbursement of salaries and employee related expenses (ERE) only, and does not allow for indirect cost. The total indirect cost is estimated at $3,466 based on FY2017 Human Services Department's negotiated U.S. Department of Health and Human Services indirect cost rate of 20.4%. Therefore, $0 is recoverable and $3,466 is unrecoverable. The Agreement is subject to statutory language of A.R.S. §38-511 which is incorporated by reference. The Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The County will be reimbursed for allowable expenditures under this Agreement. The overall grant budget will be adjusted as necessary to accommodate this increase through a future reconciliation. Funding for this Amendment does not contain any County General Funds. (C-22-17-061-3- 00) Formal Meeting Minutes Wednesday, April 26, 2017 Page 47 of 73 Motion to approve by Supervisor Chucri, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Management and Budget - Administración y Presupuesto 33. REIMBURSEMENT FUNDS FROM UNITED STATES TREASURY FOR HEALTH PLAN BENEFITS PAID BY MARICOPA MANAGED CARE SYSTEMS Accept monetary reimbursement checks in the total amount of $6,478.55 from the United States Treasury for recovery activities in connection with claims paid by Arizona Health Care Cost Containment System (AHCCCS) and its Health Plans and Program Contractors as total plan claims and deposit into the General Fund (100). Maricopa Managed Care Systems provided health benefits to indigent residents until 2005. The Recovery Unit (RU) of Health Management Systems (HMS) has verified that these claims are total plan claims and that AHCCCS has no re-insurance interest in these cases and is not due this recovery money. HMS has forwarded the check to Maricopa County as reimbursement for these total plan claims. All liens associated to similar claims were released in FY 2014. (C-49-17- 020-2-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Parks and Recreation - Parques y Recreación 34. PERMANENT ADDITION TO THE FLEET Approve the permanent addition to the fleet of a 4x4 pickup truck for Parks and Recreation, Hassayampa River Preserve/Vulture Mountains Cooperative Recreation Area. The vehicle will be used to provide transportation through the area for repair, maintenance, and management of restrooms, buildings, trails, and other park amenities. (C-30-17-026-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Procurement Services - Servicios de Adquisiciones 35. AMENDMENT TO CONTRACT WITH ESRI CANADA LIMITED FOR CAMA SOFTWARE SOLUTION (13129-1-RFP) Approve Amendment No. 1 to Contract 13129-1-RFP between Esri Canada Limited and the Maricopa County. The amendment is necessary to clarify, revise and replace certain sections of the Contract to include deliverables, the acceptance and approval process, and the creation of a Software Subscription Agreement. (C-73-17-017-7-01) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 36. PHASE 2 CONTRACT WITH HENSEL PHELPS CONSTRUCTION FOR INTAKE TRANSFER AND RELEASE FACILITY DETENTION FACILITY-CONSTRUCTION (15062-CMR) Approve and authorize the execution of a Phase 2 Contract for GMP 2 (Grading and Drainage) in an amount not to exceed $8,072,108.00. The effective date of the contract for Formal Meeting Minutes Wednesday, April 26, 2017 Page 48 of 73 Grading and Drainage will begin when the Notice to Proceed is issued by the Facilities Management Department. The purpose of the Phase 2, GMP 2 is to allow the contractor to begin grading and drainage construction services for the Intake Transfer & Release Facility Detention Facility. (C-73-16-046-5-01) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 37. JOB ORDER CONTRACTS WITH AMERICAN CONSERVATION EXPERIENCE AND NORTHWEST WOODLAND SERVICES, INC. FOR MARICOPA AND SUN CIRCLE TRAILS (171057-JOC) Approve and authorize the execution of two (2) Job Order Contracts (JOC) between Maricopa County and American Conservation Experience (ACE), and Northwest Woodland Services, Inc. in an amount not-to-exceed $120,000.00 in total per year for a three (3) year term with two (2) one-year renewal options. The effective date of the contract will be April 26, 2017. The purpose of the contracts are to provide hiking trail construction and maintenance on the Maricopa and Sun Circle Trails. (C-73-17-035-5-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 38. CONTRACT WITH AREA AGENCY ON AGING REGION ONE FOR RYAN WHITE PART A SERVICES CASE MANAGEMENT CENTRAL ELIGIBILITY (171117-RFP) Approve the contract for award with Area Agency on Aging Region One at an estimate of $1,350,000.00 over three (3) years until April 30, 2020 with a three (3) year renewal option. The effective date of the contract will be April 26, 2017. The purpose of the contract is to provide to Maricopa County and Pinal County the services for Case Management Category of Central Eligibility including screening and processing applications and assisting with and providing other services as specified within the scope of work. (C-73-17-034-3-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Public Health - Salud Pública 39. AMENDMENT TO CONTRACT WITH CIRCLE THE CITY FOR TUBERCULOSIS RELATED CARE SERVICES Approve Amendment No. 1 to Contract to a Public Health Request for Proposal (PH RFP 12-031) between Circle the City (CTC) and Maricopa County through its Department of Public Health (MCDPH) for the use of Tuberculosis Isolation Rooms and Related Care Services. • The Contract term is extended to August 12, 2018 • Section 6.23 shall be deleted in its entirety • The Pricing Sheet is replaced with the Revised Pricing Sheet. The daily rate is increased to $274 per person/per day, for a not to exceed amount of $39,855 for the budget period August 13, 2017 through August 12, 2018, at which time this Contract expires. All other terms and conditions of this Contract remain in full force and effect. Formal Meeting Minutes Wednesday, April 26, 2017 Page 49 of 73 PH RFP 12-031 was procured under Section MC1-330 of the Maricopa County Procurement Code, Competitive Sealed Proposals. This contractor was the successful respondent to a Request for Proposal issued by the MCDPH on August 13, 2012. The BOS approved PH RFP 12-031 and the item was endorsed by Facility Review Committee on September 27, 2012. (C-86-13-019-3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 40. PURCHASE ORDER TO CONTRACT WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HIGH RISK PERINATAL PROGRAM/NEWBORN INTENSIVE CARE PROGRAM COMMUNITY NURSING PROGRAM Approve modified Purchase Order (ADHS14-074958:3) for Request for Proposal (RFP) Contract (No. ADHS14-074958), High Risk Perinatal Program (HRPP) Community Nursing between the Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH) to provide additional funding for HRPP Newborn Intensive Care Program. The total contract amount is increased from $555,000 to $615,500 (an additional $60,500) for the budget period July 1, 2016 through June 30, 2017. The Contract effective term is from July 1, 2014 to June 30, 2017. All other terms and conditions remain in full force and effect. The retroactive is due to the late of issuance of the PO by ADHS. The Department of Public Health indirect rate for FY17 is 15.1%. The indirect costs are estimated at $7,937, all of which are fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This 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 grant will be provided by ADHS and will not affect the County’s general fund. (C-86-15-021-3-06) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 41. NOTICE OF AWARD WITH DEPARTMENT OF HEALTH AND HUMAN SERVICES, PUBLIC HEALTH SERVICES, OFFICE OF GRANTS MANAGEMENT FOR ADOLESCENT HEALTH SERVICES CAPACITY BUILDING TIER 1A PROGRAM Approve a Notice of Award for a post award amendment to Cooperative Agreement (CA) (TP1AH000129-02-01), Maricopa County Teen Pregnancy Prevention Capacity Building – Tier 1A, between the Department of Health and Human Services (DHHS), Public Health Services (PHS), Office of Grants Management (OGM), Office of Adolescent Health (OAH) and Maricopa County through its Department of Public Health (MCDPH), to provide increased funding for a Teen Pregnancy Prevention Program (TPP). This TPP program will impact the teen birth rate by building the capacity of established youth-serving organizations to provide quality, evidence-based teen pregnancy prevention programming. All prior terms and conditions remain in effect unless specifically removed. This increased funding amount is an unobligated (carryover) balance from prior budget period, July 1, 2015 through June 30, 2016. The unobligated balance of $224,804.40 will Formal Meeting Minutes Wednesday, April 26, 2017 Page 50 of 73 be added to the current budget amount of $749,999, bringing the total not to exceed amount to $974,803.40, for the budget period July 1, 2016 through June 30, 2017. The project period for this CA is from July 1, 2015 through June 30, 2020. MCDPH’s indirect rate for FY 2016-17 is 15.1%. The additional full indirect costs are estimated at $29,492 of which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-86-16-006-3-03) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 42. GRANT RENEWAL AMENDMENT TO GRANT AGREEMENT WITH ARIZONA EARLY CHILDHOOD DEVELOPMENT AND HEALTH BOARD, FIRST THINGS FIRST FOR SERVICE COORDINATION OF FIND HELP PHOENIX PROGRAM Approve Grant Renewal Amendment (GRA-MULTI-16-0787-01-Y3) to Grant Agreement (GRA-MULTI-16-0787-01) between Arizona Early Childhood Development and Health Board (AECDHB), First Things First (FTF), Service Coordination and Maricopa County by and through its Department of Public Health (MCDPH) to provide grant funding to support the Find Help Phoenix (FHP) program. FHP social worker personnel will implement and maintain the FindHelpPhx.org (EncuentraAyudaPhx.org) web-site to empower residents and families with children 0-5 years of age, in Maricopa County to find the free health and social service resources from medical and legal to youth services and volunteering. Also, the service area will be East Maricopa, Northwest Maricopa, Southwest Maricopa, Southeast Maricopa, Phoenix South and Phoenix North regions. The grant fund is for the not-to-exceed amount of $100,000 for contract period, July 1, 2017 through June 30, 2018. This Grant deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect cost reimbursement as delegated in the Grant Agreement. MCDPH indirect rate for FY2016-2017 is 15.1%. The full indirect costs are estimated at $13,727 of which $9,091 is recoverable and $4,636 is unrecoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this grant will be provided by First Things First and will not affect the County general fund. (C-86-16-004-3-02) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, April 26, 2017 Page 51 of 73 43. COMMUNITY PARTNERSHIP AGREEMENT WITH CHILD CRISIS ARIZONA EARLY HEAD START FOR ORAL HEALTH PROGRAM Approve a non-monetary Community Partnership Agreement between Maricopa County, by and through its Department of Public Health, Office of Oral Health, and Child Crisis Arizona Early Head Start, to provide oral health screenings, education, and fluoride varnish applications to children 0-5, and oral health screenings and education to pregnant women. (C-86-17-065-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 44. CONTRACT WITH SCOTTSDALE HEALTHCARE HOSPITALS DBA HONORHEALTH FOR COMMUNITY HEALTH NEEDS ASSESSMENT REPORT Approve a Contract for Services between Scottsdale Healthcare Hospitals, dba HonorHealth, and Maricopa County by and through its Department of Public Health (MCDPH) for participating in the Community Health Needs Assessment(s) (CHNA). HonorHealth shall pay the County for the services described a sum not to exceed $10,000 per hospital, per year, for a total not-to-exceed amount of $180,000 ($60,000 annually) over the 3-year term. a. $10,000 each for HonorHealth Deer Valley Medical Center, HonorHealth John C. Lincoln Medical Center, HonorHealth Scottsdale Shea Medical Center, HonorHealth Scottsdale Osborn Medical Center, HonorHealth Scottsdale Thompson Peak Medical Center. b. $5,000 each for HonorHealth Greenbaum Surgical Specialty Hospital and HonorHealth Rehabilitation Hospital based on the number of beds in each facility not exceeding 75. The term of this Contract is July 1, 2017 through June 30, 2020. The Department of Public Health’s FY2016-17 indirect rate for fee fund is 12%, indirect costs are estimated at $19,287 and are fully recoverable. Previously, the Department of Public Health would (at no charge) provide hospitals and Federally Qualified Health Centers (FQHCs) with extensive data requests and reports to support CHNA requirements. As requests for data became more extensive, PH was unable to meet the demand while also meeting other Department obligations. (C-86-17-064-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 45. FACILITIES USE REVOCABLE LICENSE AGREEMENT WITH ST. MARY’S FOOD BANK ALLIANCE Approve and authorize the Chairman to execute Facilities Use Revocable License Agreement (FURL) P-50302, with St. Mary’s Food Bank Alliance, an Arizona non-profit corporation (SMFBA) for use of space at thirteen (13) Maricopa County Department of Public Health Women, Infant and Children (MCDPH-WIC) clinics. Authorize the Department Director, or his designee, as provided in Article 4.3 of the agreement, authority to change the time, date or location of the use so long as there is no cost to the County and the location is one of the facilities approved in the agreement. Formal Meeting Minutes Wednesday, April 26, 2017 Page 52 of 73 The agreement term will begin June 5, 2017 and expire July 31, 2017, unless terminated earlier as provided for in the agreement. Either Party may terminate the agreement with 30 days’ notice to the other. The FURL will allow St. Mary's’ Food Bank Alliance to provide a Summer Meal Service Program to youth under age 18 at the MCDPH-WIC facilities. The thirteen WIC facilities are located at: 1. Broadway Clinic, 635 E. Broadway Rd., Mesa, AZ, 85204 2. Downtown Clinic, 1645 E. Roosevelt St., Phoenix, AZ 85006 3. Glendale Clinic, 5141 W. Lamar Rd., Glendale, AZ 85301 4. Maryvale Clinic, 6850 W. Indian School Rd., Phoenix, AZ 85033 5. Mesa Clinic, 430 N. Dobson Road, Mesa, AZ 85201 6. St. Mary’s Clinic, 3003 W. Thomas Road, Phoenix, AZ 85017 7. Sunnyslope Clinic, 8828 N. Central Ave., Phoenix, AZ 85020 8. 48th Street Clinic, 2737 W. Southern Ave., Ste. 10, Tempe, AZ 85282 9. Seventh Avenue Clinic, 1260 S. 7th Ave., Phoenix, AZ 85007 10. Avondale Clinic, 950 E. Van Buren St., Avondale, AZ 85323 11. Thunderbird Clinic, 5422 W. Thunderbird Rd., #6, Glendale, 85306 12. Baywood Clinic, 6641 E. Baywood Ave., C1 & C2, Mesa, 85206 13. Chandler Clinic, 3002 N. Arizona Ave., #13, Chandler, 85225 (C-86-17-063-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 46. MOU WITH ST. VINCENT DE PAUL FOR ADULT IMMUNIZATION SERVICES Approve and authorize the Chairman to execute a MOU between Maricopa County, by and through its Department of Public Health (MCDPH), and St. Vincent de Paul for the provision of adult vaccinations. MCDPH will provide vaccine support, education on storage of the vaccine, and instruction on proper reporting. St. Vincent de Paul will administer the vaccine and complete the appropriate reporting. The agreement term will begin May 1, 2017 and expire April 30, 2020, unless terminated earlier as provided for in the agreement. There is no cost to the County or presenting clientele. The Immunization facility is located at St. Vincent de Paul, 420 W. Watkins Road, Phoenix, AZ 85003. (C-86-17-062-3-00) Supervisor Chucri thanked St. Vincent de Paul and noted his appreciation for the services offered. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 47. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR TOBACCO EDUCATION AND PREVENTION SERVICES Approve Amendment No. 1 to Intergovernmental Agreement (IGA) Contract No. (ADHS14- 072483), Tobacco Education and Prevention Services (TEPS), between the Arizona Department of Health Services and Maricopa County by and through its Department of Public Health to extend the term and revise, replace and add, additional provisions. The IGA will be amended, effective date of the final signature unless otherwise specified as follows: 1. Pursuant to Special Terms and Conditions, Provision Four (4) Contract Administration and Operation 4.2, Contract Renewal, the Contract is hereby extended through June 30, 2018. Formal Meeting Minutes Wednesday, April 26, 2017 Page 53 of 73 2. Pursuant to Terms and Condition of the Agreement, Provision Six (6), Contract Changes, Item 6.1, Amendments, Purchase Orders and Change Orders; Terms and Conditions, Provision Seventeen (17), Health Insurance Portability and Accountability Act of 1996 (HIPAA) is revised and replace with Provision Seventeen (17) of this Amendment One (1). 3. Pursuant to Terms and Conditions of the Agreement, Provision Six (6), Contract Changes, Item 6.1, Amendments, Purchase Orders and Change Order; Provisions Twenty (20), The Federal Funding Accountability and Transparency Act (FFATA or Transparency Act – P.L. 109-282, as amended by section 6202(a) of P.L. 110-252), is hereby added to the Terms and conditions. 4. Pursuant to Terms and Conditions of the Agreement, Provision Six (6), Contract Changes, Item 6.1, Amendments, Purchase Orders and Change Order; Provisions Twenty (21) Contracting; Procurement; Investment; Prohibitions, is hereby added to the Term and Conditions. All other provisions of this agreement remain unchanged. (C-86-15-002-3-02) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 48. IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR EMERGENCY PREPAREDNESS RESPONSE-ZIKA Approve Intergovernmental Agreement (IGA) Agreement No. (ADHS17-163348) between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Office of Preparedness and Response (OPR) to provide funding for ‘Epidemiology and Laboratory Capacity – Zika’. The cost reimbursement Price Sheet is for the budget period July 1, 2017 through June 30, 2018, for the budget amount of $1,288,000.00. The IGA term begins July 1, 2017 and terminates June 30, 2022. Maricopa County Department of Public Health’s Indirect Rate for FY2016-17 is 15.1%. The indirect costs are estimated at $168,973 which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-17-061-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, April 26, 2017 Page 54 of 73 Real Estate - Bienes Raíces 49. SITE SPECIFIC SUPPLEMENTAL AGREEMENT WITH ARIZONA PUBLIC SERVICE COMPANY FOR SHAW BUTTE COMMUNICATIONS SITE APPROVE, and authorize the Chairman to execute, all documents associated with Site Specific Supplemental Agreement (SSSA) P-50265 to allow the County to construct, install, operate and maintain communications facilities at the Shaw Butte Site as allowed per Master Agreement P-50260 (C-70-16-007-3-00) with Arizona Public Service Company (APS) and authorize the County to become a member of the Shaw Butte Users Association. This SSSA P-50260 allows Maricopa County the right to construct, install, operate, and maintain wireless communication equipment at the APS-owned wireless communication site atop Shaw Butte. This SSSA P-50260 will support the implementation of the County’s Radio System Upgrade Project. All funding for costs associated with the construction, installation and start-up of wireless communication equipment at the Shaw Butte site as contemplated by this SSSA P-50260 as well as any APS reimbursements are part of the County’s Radio System Upgrade Project budget. This agenda item also authorizes the County’s participation in the Shaw Butte Users Association. (C-70-17-015-3-00) Supervisor Gates noted the project will improve communication and the height of the tower on Shaw Butte will increase. It will not have a negative impact on quality of life and will assist first responders. Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 50. AMENDMENT TO LEASE-PURCHASE AGREEMENT WITH THE HUMAN SERVICES CAMPUS, INC. Approve and authorize the Chairman to execute, a Fifth Amendment to the Lease- Purchase Agreement (“Agreement”) between the County and the Human Services Campus, Inc., as successor in interest to Human Service Campus LLC, to allow: i) real property identified as parcels APN 112-06-072, APN 112-06-073, APN 112-06-074, APN 112-05-109G, and APN 112-05-132 to be included as Leased Land as defined in the Agreement; ii) adjust the form of Deed to specify deed restrictions and account for modifications to the legal description of the real property; and iii) improvements situated on the subject parcels listed above to be included as Improvements as defined in the Agreement. In addition, the Fifth Amendment to the Agreement sets the amount of Base Rent and the amount of Additional Rent owed to Lessor by Lessee to the amounts paid to date, confirms the parties agree the Lessee’s option to purchase the Leased Property per Section 14 of the Agreement has been properly exercised, and specifies terms for transfer of the real property to the Human Services Campus, Inc. via Deed. Pursuant to the Agreement, as amended, APPROVE the conveyance of the subject parcels APN 112-06-091A, APN 112-06-072, APN 112-06-073, APN 112-06-074, APN 112-05-109G, and 112-05-132 to the Human Services Campus, Inc. without public auction, and AUTHORIZE the Chairman to execute all necessary documents to transfer the subject fixed asset to the Human Services Campus, Inc. The original Lease-Purchase Agreement was approved by the Board of Supervisors on January 18, 2006 (C-18-06-030-4-00) and was amended via the First Amendment approved by the Board on April 19, 2006 (C-18-06-041-0-00); via the Second Amendment approved by the Board on October 18, 2006 (C-18-07-007-0-00); via the Third Amendment Formal Meeting Minutes Wednesday, April 26, 2017 Page 55 of 73 approved by the Board on October 23, 2013 (C-18-06-030-4-01); and via the Fourth Amendment approved by the Board on February 17, 2016 (C-18-06-030-4-04. This Fifth Amendment to the Agreement allows the facility known as the Men’s Overflow Shelter to be included in the Campus’ improvements, allows the land upon which the Men’s Overflow Shelter is situated to be included in the Leased Land for the Campus, and allows the adjacent Jackson West parcel and an adjacent remnant parcel to be included in the Leased Land. Additionally, this Fifth Amendment to the Agreement acknowledges that the parties agree that the Base Rent and Additional Rent obligation at set forth under the Agreement is equal to the amounts paid to date and that the Lessee’s option to purchase the Leased Land has been exercised allowing for the County’s conveyance of the Real Property to the Lessee. This Fifth Amendment to the Agreement also requires the Human Services Campus, Inc. to enter into a $0 per year lease with the County to accommodate existing County staff that are currently occupying space in the Improvements and providing services in support of the existing Healthcare for the Homeless grant. THIS ITEM REQUIRES A UNANIMOUS APPROVAL OF THE BOARD. (C-18-06-030-4-05) Supervisor Gates stated approval of the item does not affect the County’s commitment to do great work with Human Services. He recognized that homelessness is a regional issue and the County has an important role. Supervisor Chucri stated this is a complement to previous actions and recognized Penny Taylor, Valley of the Sun United Way, and Mike McQuaid, Board President of Human Services Campus, Inc., for their work on the project. He stated that great leaders will continue the mission. Supervisor Gallardo stated there are still areas of land that would provide assistance to the Human Services Campus. He stated the County is engaged and would like to have the State as well as more lawmakers discussing homelessness. Ms. Taylor registered her support of the item. Mr. McQuaid expressed his thanks to the County and the Board for their consistent support. He reminded the Board that the County assembled the property and established the Campus when Governor Brewer and others were on the Board of Supervisors. This action follows through on the plan from the beginning to hand off the campus to this new Board. Supervisor Hickman stated homelessness is a regional problem. This is the County’s invitation for cities to work together to show support financially, physically and morally. He thanked Mr. McQuaid and Board. Chairman Barney thanked Mr. McQuaid for his support and stated this was a natural progression that was started in 2006 and has now became a part of the community services which need to be available in the homeless program. It is a continuation of the great work the County is doing. Motion by roll call vote to approve by Supervisor Chucri, seconded by Supervisor Hickman Clerk called the roll with the following result: Ayes: Barney, Chucri, Gates, Hickman, Gallardo 51. AMENDMENT TO FACILITY USE AGREEMENT WITH MARICOPA COUNTY LIBRARY DISTRICT FOR USE OF SPACE Formal Meeting Minutes Wednesday, April 26, 2017 Page 56 of 73 Approve and execute Amendment No. 5 to Intergovernmental Facilities Use Agreement (G- 30121) between Maricopa County Library District (“District”) and Maricopa County (“County”) for use of the County PNI Warehouse for storage of District property, located at 1920 South Lewis in Mesa. Renewal of Facilities Use Agreement No. G30121 will allow the District continued use of County warehouse storage space in the PNI warehouse building to store library fixtures, furniture and equipment. The square footage will be reduced from 4,000 to 2,000. The annual utility reimbursement from the District will be reduced from $2,000.00 to $700.00. The current agreement expires May 30, 2017. Amendment No. 5 will extend the term two (2) years and expire May 30, 2019. Either party may terminate the Agreement with a 90- day written notice to the other. THIS ITEM REQUIRES A UNANIMOUS APPROVAL OF THE BOARD OF SUPERVISORS. (C-18- 09-052-1-05) Motion to approve by roll call vote by Supervisor Chucri, seconded by Supervisor Hickman Clerk called the roll with the following result: Ayes: Barney, Chucri, Gates, Hickman, Gallardo Risk Management - Gestión de Riesgos 52. ADDITION OF VEHICLE TO THE FLEET Approve the addition to the fleet for one vehicle (truck) to be purchased by Equipment Services for the Risk Management Department from available funding in the FY17/18 budget in an amount not to exceed $40,000. This action is pending the approval of the FY 2018 budget. The purpose of adding a vehicle to the fleet is to equip the Risk Recycling program to provide recycling services to County facilities. This vehicle will be used to pull a specialty recycling trailer purchased in FY16/17. This purchase will coincide with the addition of one employee in the recycling program in FY17/18 and will result in an increase by one in the County fleet. (C-75-17-004-2-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation - Transportación 53. AMENDMENT TO IGA WITH CITY OF PEORIA, CITY OF SURPRISE AND FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR 115TH AVENUE AND UNION HILLS DRIVE DRAINAGE IMPROVEMENTS PROJECT Approve Amendment Number One (Amendment) to IGA FCD 2014A002 (Agreement) for rights-of-way acquisition, utility relocations, construction, construction management, and operation and maintenance of the 115th Avenue and Union Hills Drainage Improvements Project among the City of Peoria (Peoria), the City of Surprise (Surprise), Maricopa County (County), and the Flood Control District of Maricopa County (District). The Agreement was approved by the Maricopa County Board of Supervisors January 29, 2015 and recorded as Maricopa County Recorder Number 2015-0074133. The Amendment revises the cost-share reimbursement schedules of Peoria and Surprise Formal Meeting Minutes Wednesday, April 26, 2017 Page 57 of 73 to correspond with funding availability. Surprise will reimburse the District one-quarter its estimated cost-share each fiscal year, beginning in Fiscal Year 2018. Peoria will reimburse the District its full cost-share no later than Fiscal Year 2021. The estimated total cost of components associated with this Agreement and Amendment is updated to $9,700,000, including construction management to be completed by District staff. Per the original Agreement, the County will cost share $367,000 for Phase 2 of the Project and the remaining Project costs will be shared by the District (50%), Peoria (25%), and Surprise (25%). There is no change to the cost-share terms for the County in the Amendment. As a party to the original Agreement, the County must consider and be a party to any amendments to the Agreement. Supervisory District No. 4 (C-64-15-070-M-01) Supervisor Hickman stated the grading system that they use for projects through communities is working for more improvements to protect the community. Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 54. ANNEXATION (RIGHT OF WAY) BY THE CITY OF SURPRISE Pursuant to A.R.S. §9-471(N), approve the annexation by the City of Surprise of County right-of-way within: Peoria Avenue from Sarival Road to Reems Road, in accordance with Ordinance No. 2017-06. (General Vicinity: Peoria Avenue and Sarival Road. Supervisory District No. 4) (C-64-17- 096-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 55. BID AND AWARD FOR PAVING PROJECT: LAVEEN AREA Approve the solicitation of bids for the Maricopa County Department of Transportation’s construction of paving 0.62 miles of roadway to mitigate dust pollution on Olney Avenue, 31st Avenue, and 45th Avenue. Award the contract to the lowest responsive bidder, provided that the lowest bidder does not exceed the Engineer’s estimate by more than ten percent. Funds will be budgeted through the Transportation Department (D640) Transportation Capital Projects fund (234) Dust Mitigation (DMIT) Project, Sub-Project TT0458. The proposed project will pave 0.62 miles of roadway to mitigate dust pollution on three gravel roadway segments: Olney Avenue from the 33rd Ave alignment to 31st Ave, 31st Avenue from Olney Ave to McNeil St, and 45th Avenue from Estrella Drive to Gumina Ave. Supervisory District No. 5 (C-64-17-103-5-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 56. BID AND AWARD FOR ASPHALT-RUBBER MILL & RESURFACE, PAVEMENT PRESERVATION PROJECT Approve the solicitation of bids for the Maricopa County Department of Transportation's Asphalt-Rubber Mill & Resurface, Pavement Preservation Project. Award the contract to the lowest responsive responsible bidder, provided that the lowest responsive responsible Formal Meeting Minutes Wednesday, April 26, 2017 Page 58 of 73 bidder does not exceed the Engineer’s estimate by more than ten percent. Funds will be budgeted through the Transportation Department (D640) Transportation Capital Projects fund (234) System Preservation and Reconstruction (SPAR) Project, Sub-Project TT0558. This project consists of overlaying the existing road surfaces with new Asphalt-Rubber concrete pavement. These measures are necessary due to the deteriorating pavement on these roads and will extend the useful performance life of these roads. Resurfacing and delineating these roads will provide structurally sound, smooth-riding, and safe roadways for the traveling public. The project consists of approximately 31 lane miles (258,000 square yards) of various arterial roads. Supervisory District No. 3 & 4 (C-64-17-104-5-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 57. ROAD ABANDONMENT: ROAD FILE NO. AB-293 Pursuant to A.R.S. §28-7214, adopt Resolution AB-293 to abandon a portion of 28th Street in the vicinity of Lazy Lizard Lane by extinguishing a portion of the easement which was conveyed to Maricopa County by means of an Easement and Agreement for Highway Purposes on August 11, 1993 and recorded by the Maricopa County Recorder as recorded by the Maricopa County Recorder in Instrument No. 1993-0531731. Abandon road at the request of the property owner. (General Vicinity of 28th Street and Lazy Lizard Lane at 36608 N. 28th Street, Cave Creek and known as Assessor parcel 211-67-030D. Supervisory District No. 2) (C-64-17-099-M- 00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 58. ROAD ABANDONMENT: ROAD FILE NO. AB-294 Pursuant to A.R.S. §28-7214, adopt Resolution AB-294 to abandon a portion of 7th Avenue in the vicinity of Tanya Road by extinguishing a portion of the easement which was conveyed to Maricopa County by means of an Easement and Agreement for Highway Purposes on August 13, 1975 and recorded by the Maricopa County Recorder as recorded by the Maricopa County Recorder in Docket 11287, page 211. Abandon road at the request of the property owner. (General Vicinity of 7th Avenue and Tanya Road at (vacant land) and known as Assessor parcel 211-23-015. Supervisory District No. 3) (C-64-17-102-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 59. ROAD ABANDONMENT: ROAD FILE NO. AB-295 Pursuant to A.R.S. §28-7214, adopt Resolution AB-295 to abandon a portion of 102nd Street in the vicinity of McLellan Road by extinguishing a portion of the easement which was conveyed to Maricopa County by means of an Easement and Agreement for Highway Purposes on December 26, 1978 and recorded by the Maricopa County Recorder as recorded by the Maricopa County Recorder in Docket 13345, page 711. Formal Meeting Minutes Wednesday, April 26, 2017 Page 59 of 73 Abandon road at request of property owner. (General Vicinity of 102nd Street and McLellan Road at (vacant land) and known as Assessor parcel 220-02-020H. Supervisory District No. 2) (C-64-17-100-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 60. ROAD ABANDONMENT: ROAD FILE NO. AB-296 Pursuant to A.R.S. §28-7214, adopt Resolution AB-296 to abandon a portion of Dove Valley Road in the vicinity of 140th Street by extinguishing a portion of the easement which was conveyed to Maricopa County by means of a Dedication on January 28th, 1982 and recorded by the Maricopa County Recorder as recorded by the Maricopa County Recorder in Docket 15795, page 663. Abandon road at the request of the property owner. (General Vicinity of Dove Valley Road and 140th Street at (vacant land) and known as Assessor parcel 219-36-020U. Supervisory District No. 2) (C-64-17-101-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 61. 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-06-17-449-7-00) A. D22559 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JRW) Expansion – Warranty Deed – Assessor’s Parcel #: 101-20-424 – Madrid Place Homeowners Association for the sum of $876.00. B. D22559-1 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JRW) Expansion – Temporary Construction Easement and Agreement for Highway Purposes – Assessor’s Parcel #: 101-20-424 – Madrid Place Homeowners Association for the sum of $925.00. C. D22559 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JRW) Expansion – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 101-20-424 – Madrid Place Homeowners Association. D. D22587 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JR) Expansion – Warranty Deed – Assessor’s Parcel #: 101-03- 006M – Orchards Development Enterprises, LLC for the sum of $19,977.00. E. D22587 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JR) Expansion – – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 101-03-006M Orchards Development Enterprises, LLC. F. D22954 Project #: TT410 – 29th Avenue (Irvine Road to Desert Hills) – (KR) Warranty Deed – Assessor’s Parcel #: 203-32-030L – Maureen Formal Meeting Minutes Wednesday, April 26, 2017 Page 60 of 73 Katherine McIlroy for the sum of $7,973.04 G. D22954 Project #: TT410 – 29th Avenue (Irvine Road to Desert Hills) – (KR) Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 203-32-030L – Maureen Katherine McIlroy. H. D23372 C-64-17-015-M-00 – Project #: MRN01 – Decatur Street (GS) Maintenance and Storage Site – Special Warranty Deed – Assessor’s Parcel #: 218-07-088 and 218-07-022Z – Arizona Department of Transportation. Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 62. APPOINTMENT TO THE DEFERRED COMPENSATION COMMITTEE Approve the appointment of Ben Henry, representing Supervisorial District 3, to the Deferred Compensation Committee. The term of the appointment will be effective as of the date of Board approval. (C-06-17-413-7-00) Supervisor Gates stated his gratefulness to those who volunteer their time to the Boards and Commissions. Supervisor Hickman concurred with Supervisor Gates’ statement. Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 63. APPOINTMENT TO THE MERIT SYSTEMS COMMISSION Approve the appointment of John Balitis to the Merit Systems Commission representing Supervisorial District 3. The term of appointment will be from date of Board approval through December 31, 2020. (C-06-17-443-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 64. APPOINTMENT TO THE TRAVEL REDUCTION PROGRAM REGIONAL TASK FORCE Approve the Appointment of Brandy Wells, representing Supervisorial District 3, to the Travel Reduction Program Regional Task Force. The term is from the date of Board approval through January 31, 2019. (C-06-17-420-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 65. APPOINTMENT TO THE TRAVEL REDUCTION PROGRAM REGIONAL TASK FORCE Formal Meeting Minutes Wednesday, April 26, 2017 Page 61 of 73 Approve the appointment of Jean Connell, representing Supervisorial District 4, to the Travel Reduction Program Regional Task Force. The term of the appointment is from the date of Board approval through January 31, 2018. (C-06-17-432-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 66. REAPPOINTMENT TO THE CITIZENS' AUDIT ADVISORY COMMITTEE Approve the reappointment of Barbara Coppage to the Citizens' Audit Advisory Committee, representing Supervisorial District 3. The term of the appointment will be from date of Board approval through April 16, 2019. (C-06-17-433-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 67. REAPPOINTMENT TO THE STATE BOARD OF EQUALIZATION Approve the reappointment of Ronald Gawlitta to the State Board of Equalization, representing Supervisorial District 3. The term of the reappointment will be from date of Board approval to December 31, 2020. (C-06-17-431-7-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman 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 68. IMPACT STATEMENT FOR THE PROPOSED SHERWOOD MESA IRRIGATION WATER DELIVERY DISTRICT 1. Pursuant to A.R.S. § 48-261 and § 48-263, set a hearing date to receive the impact statement for the proposed Sherwood Mesa Irrigation Water Delivery District. The hearing date is set for Wednesday, May 24, 2017 at 9:30 a.m. 2. Pursuant to A.R.S. § 48-261(C), approve a bond in the amount of $250 to be filed with the Board by the persons proposing the irrigation water delivery district to cover cost incurred by the County if the irrigation water delivery district is not organized. The Clerk of the Board of Supervisors shall post a notice of the hearing in at least three conspicuous public places in the area of the proposed irrigation water delivery district and shall publish a notice twice in a daily newspaper at least ten days before the hearing. At the hearing on May 24, 2017, the Board will hear those who appear for and against the proposed irrigation water delivery district and shall determine whether the irrigation water delivery district will promote public health, comfort, convenience, necessity, or welfare. If the Board of Supervisors determines that the public health, comfort, convenience, necessity, or welfare will be promoted, it shall approve the impact statement and authorize the persons proposing the irrigation water delivery district to circulate petitions. The proposed district is located in the Sherwood Mesa Subdivision and Sherwood Mesa Formal Meeting Minutes Wednesday, April 26, 2017 Page 62 of 73 Subdivision Unit 2 combined adjacent subdivisions in Phoenix, Arizona. A map of the proposed boundaries is available in the Office of the Clerk of the Board of Supervisors on the Clerk’s web site. The district consists of 43.486 acres and 185 lots. (Supervisorial District 2) (C-06-17-414-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Planning and Development - Planificación y Desarrollo 69. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the May 10, 2017 Board Meeting: Z2016046 – Crown Chandler – Special Use Permit – Dist. 1 Z2016107 – Superstition Crushing – Zone Change – Dist. 1 Z2016099 – 71st & Thunderbird – Zone Change – Dist. 4 (C-44-17-072-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 70. STREET NAME CHANGE FROM DEAD HORSE PASS TO KINDER CROSSING PASS Approve setting a public hearing for 9:30 a.m., Wednesday, May 10, 2017 to change the name of Dead Horse Pass to Kinder Crossing Pass, within the approved Trilogy at Verde River subdivision Phase 3 Unit 3A. This street alignment does not currently affect any residents or assigned addresses. The alignment serves as a connector between E. Fort Verde Rd and N. Verde River Way East and is located within the Northwest quarter of Sec 25, T5N, R6E. The roadway is .08 miles in length. Supervisor District 2. (C-44-17-093-M- 00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 71. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from the Sheriff's Office for March 2017, for a Cash Value of $2,636.68 and the Non-Cash Value of $2,258.56. (C-06-17-436-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 72. 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 Formal Meeting Minutes Wednesday, April 26, 2017 Page 63 of 73 affidavits have been filed with the Board. (C-06-17-418-7-00) Name Warrant No Amount Tracy Bass 170057226 832.45 Arizona School Board 470069198 163,651.00 Association Insurance Trust Ferguson Air Cold Supply 470034939 1,275.18 Name Warrant No Amount Walter Harvey 22419722 165.00 Yamile M Bonilla 22440063 165.00 Marcus Knight 460106897 65.00 Learning Forward 470046283 600.00 Arizona Therapy Providers 370017529 2,222.08 James Pena 70000686 975.42 Alexis Speegle 22470282 1,082.99 Tasha Howard 70000675 799.52 Tab Office Resources LLC 370015491 1,737.16 Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 73. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held January 18, 2017. (C-06-17-430-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 74. 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-06-17-445-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 75. 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. 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-06-17-427-7-00) Phase Tax Year Tax Difference Number 2016 0083 -428.08 Formal Meeting Minutes Wednesday, April 26, 2017 Page 64 of 73 2015 0191 -410.52 2016 0085 -1,153,232.42 2015 0193 -304,640.96 2014 0266 -2,025.32 2013 0335 -120.86 2016 0084 -3,126.80 2015 0192 -2,856.00 2014 0265 -2,139.36 2013 0334 -3,080.38 2016 0087 -1,754.08 2015 0195 -2,203.86 2014 0268 -2,277.48 2016 0086 -1,417.96 2015 0194 -431.88 2014 0267 -568.62 Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 76. 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-06-17-442-7-00) 2004/2005/2006/2007/2008/2009/2010/2011/2012/2013/2014/2015: TX2008-000518(2004/2005/2006/2007); TX2009-000091(2008); TX2012-000053(2009/2010); TX2013-000399(2011); TX2012-000576)2012); TX2015-000018(2013); TX2015-000002(2014); TX2015-000116(2015) 2014: TX2015-000007; 2015: TX2015-000925; 2017: ST2016-000488; TX2016-000138; TX2016-001251; TX2016-001277; TX2016- 001301; Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 77. TAX ABATEMENTS Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to A.R.S. §42-18353 for the parcel numbers, tax years and amounts as listed below: (C-43- 17-039-M-00) 960-89-953 2014 $156.59 963-93-433 2009-2015 $922.61 965-44-028 2013, 2015 $277.56 968-38-401 2014-2015 $366.01 970-98-741 2008-2009 $935.87 980-25-491 2008 $336.62 980-25-507 2008 $463.45 980-25-516 2008 $406.01 Formal Meeting Minutes Wednesday, April 26, 2017 Page 65 of 73 980-25-525 2008 $406.01 980-25-534 2008 $463.45 980-25-543 2008 $406.01 980-25-552 2008 $463.45 980-25-561 2008 $406.01 980-25-580 2008 $487.37 980-25-599 2008 $463.45 981-98-330 2008 $386.38 982-11-709 2004-2012 $436.06 982-59-257 2006-2007 $4,093.74 Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES Agenda item A-1 was taken out of order and heard prior to agenda item #4. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Board of Supervisors A-1. APPOINTMENT FOR LEGISLATIVE STATE REPRESENTATIVE DISTRICT 22 Pursuant to A.R.S. § 41-1202, receive the names of the three qualified electors as candidates to fill the vacancy for the Legislative District 22 State Representative seat as determined by the Legislative District 22 Precinct Committeemen and appoint one of the candidates from the list to fill the vacancy created by the resignation of State Representative Phil Lovas.( C-06-17-447-7-00) The three candidate names submitted by the District are: Frank Carroll Ben Toma John Heep Human Services A-2. DISPOSITION AND PURCHASE OF VEHICLES FOR THE HUMAN SERVICES DEPARTMENT VEHICLE FLEET Request authorization to dispose of the assets assigned to the Maricopa County Human Services Department Head Start program utilizing the following strategies: 1. Sell the vehicles to other Maricopa County department; and/or 2. Sell vehicles at auction. The following vehicles are part of the Maricopa County Human Services Department fleet, and have fully depreciated in value. Vehicle Identification Number/County # Year/Make/Model Est. Fair Market Value 1FTNE24L56DA61580/31688 2006 FORD E250 $5323 1FTNE24L76DA61581/31694 2006 FORD E250 $6156 Formal Meeting Minutes Wednesday, April 26, 2017 Page 66 of 73 1G1ND52J93M653932/52301 2003 CHEVROLET MALIBU $2005 2GCEC19W6T1166459/32602 1996 CHEVROLET Pickup $3284 The vehicles are at their County maintenance point limit and have high mileage. The Department will utilize the County auction system to dispose of the vehicles. The anticipated funds will be used to offset the cost of replacement vehicles. Also request approval to purchase three (3) replacement vehicles for the Early Education Division. 1 Compact SUV valued at $21,836 and 2 Cargo Vans (.5 ton) valued at $28,838 each This disposition of four (4) vehicles and purchase of three (3) vehicles will have a net reduction of the Human Services Department fleet from 27 to 26 vehicles. The costs for the Vans include purchase cost of: $28,838 x 2 = $57,676. County processing and operation costs (maintenance and fuel) are estimated at: $800 + $5000 x 2 = $11,600. Total estimated cost of $69,276 will be provided through a grant from the U.S. Department of Health and Human Services/Administration for Children and Families/Office of Head Start 09CH010385-Head Start-Early Head Start (C-22-16-011-G-01). The vans shall be utilized by Head Start’s maintenance staff to transport large items such as: classroom furniture and supplies, office furniture, cleaning supplies, and tools for classroom and playground maintenance. The costs for the Ford Escape include purchase cost of: $21,836. County processing and operation costs (maintenance and fuel) are estimated at: $800 + $3275 = $4,075. Total estimated cost: $25,911 and will be purchased utilizing grant 09HP000105-01-Early Head Start Expansion (C-22-17-060-G-00). The vehicle will be utilized for expansion of the Early Head Start program, which includes additional staff and locations. An additional 96 children and their families will receive services. The funds for the smaller vehicle was written into this specific grant, and subsequently approved by the Office of Head Start. This item will not impact the County’s General Fund. (C-22-17-062-V-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING RECESSED Chairman Barney recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Chairman Barney reconvened the Board of Supervisors. Formal Meeting Minutes Wednesday, April 26, 2017 Page 67 of 73 CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 78. 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.) John Rusinek, resident, spoke about the two minute warning timer and reminded the Board of the importance of their Oath of Office. Dianne Barker, resident, thanked Supervisor Gates for riding his bike to work on Bike to Work Day week. She attended a meeting at John Rusinek’s residence and decided to use Share the Ride. She asked that the Board interact with trip reduction administration to see what can be done to clean up the air. 79. SUPERVISORS’/COUNTY MANAGER’S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Gates noted upcoming events: meeting at North Mtn. Brewery in Sunny Slope, on May 4th where Sheriff Penzone will be joining him. He stated he has another meeting at the same place on May 8th for a non-partisan event with City of Phoenix Mayor Stanton and City Councilwoman Debra Stark. Supervisor Hickman stated his Farm County Breakfast, will be at the Kerr Dairy in Buckeye. Sheriff Penzone will be attending the meeting to discuss patrol and coverage protection in unincorporated areas. Chairman Barney noted he recently attended a Farm County Breakfast. He thanked Supervisor Gates, Supervisor Gallardo, Sheriff Penzone, and County Recorder Adrian Fontes for attending the Bike to Work Day. Formal Meeting Minutes Wednesday, April 26, 2017 Page 68 of 73 MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Denny Barney, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board 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, April 26, 2017, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Bill Gates, District 3; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Amy Goodloe, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. F-1. DECLARE/SELL EXCESS PARCELS Pursuant to A.R.S. §48-3603, the Flood Control District requests the Board of Directors declare as excess five (5) parcels. Conveyance documents for the sale of the parcels will be presented to the District Board of Directors for acceptance and signature at time of sale. Parcel information: Formal Meeting Minutes Wednesday, April 26, 2017 Page 69 of 73 1. FP-054 Location: 46741 N 32nd Ave New River, AZ 85087 Assessor Parcel Number 202-11-020E, consisting of 3 acres (130,680 sq. ft.) Maricopa County zoning is RU-43 2. FP-005 Location: Address Not Assigned, New River, AZ 85087 Assessor Parcel Number 202-11-020F, consisting of 1 acre (43,560 sq. ft.) Maricopa County zoning is RU-43 3. FP-047 Location: Address Not Assigned, New River, AZ 85087 Assessor Parcel Number 202-11-023C, consisting of 2.58 acres (112,200 sq. ft.) Maricopa County zoning is RU-43 4. FP-029 Location: Address Not Assigned, New River, AZ 85087 Assessor Parcel Numbers 202-11-011B, consisting of 0.51 acres (21,998 sq. ft.) Assessor Parcel Numbers 202-11-024, consisting of 1 acre (43,560 sq. ft.) Assessor Parcel Numbers 202-11-025C, consisting of 1 acre (43,560 sq. ft.) Maricopa County zoning is RU-43 5. FP-001 Location: Address Not Assigned, New River, AZ 85087 Assessor Parcel Numbers 202-11-025E, consisting of 1.5 acres (65,340 sq. ft.) Maricopa County zoning is RU-43 The District utilizes its Disposition Program on all excess properties to evaluate them for the best potential of sales or leasing, depending on current market information. The staff has determined the parcels are excess to the District’s needs. The properties would be sold at public auction at market value, as determined by appraisal, unless to another agency for public purposes, at market value without auction. This item (collective) is located in Supervisory District No. 3. (C-69-17-024-8-00) Motion to approve by Director Gallardo, seconded by Director Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-2. IGA WITH THE TOWN OF GUADALUPE FOR THE CALLE SAHUARO PROJECT Approve Intergovernmental Agreement (IGA) FCD 2017A018 for the Calle Sahuaro Project between the Town of Guadalupe (Town) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $302,805. The District’s estimated share of the Project cost is $227,104 and is limited to $250,000; the Town’s estimated share of the Project cost is $75,701. The Town will operate and maintain the completed Project This Agreement shall become effective as of the date it has been executed by all Project Partners and shall expire two years from the date, or upon Project completion, whichever occurs first. The Town proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2016/2017. The Project was recommended, scoring 11th among 15 submittals by various municipalities. The Town has requested that the Project be moved to FY 2018 due to funding issues, therefore IGA FCD 2017A018 rescinds and replaces IGA FCD 2016A002. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003A (C-69-09-062-6-01). The Project will reduce flows that have caused documented historic flooding to one residential property. This Agenda Item impacts Supervisorial District 5. (C-69-17-025-3-00) Formal Meeting Minutes Wednesday, April 26, 2017 Page 70 of 73 Motion to approve by Director Gallardo, seconded by Director Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-3. AMENDMENT IGA WITH CITY OF PEORIA, CITY OF SURPRISE AND MARICOPA COUNTY FOR RIGHTS-OF-WAY ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION MANAGEMENT, AND OPERATION AND MAINTENANCE OF THE 115TH AVENUE AND UNION HILLS DRIVE DRAINAGE IMPROVEMENTS PROJECT Approve Amendment Number One, Intergovernmental Agreement (IGA) FCD 2014A002A to IGA FCD 2014A002 for rights-of-way acquisition, utility relocations, construction, construction management, and operation and maintenance of the 115th Avenue and Union Hills Drive Drainage Improvements Project (Project [#450]) among the City of Peoria (Peoria), the City of Surprise (Surprise), Maricopa County (County), and the Flood Control District of Maricopa County (District). This IGA amendment revises the cost-share reimbursement schedules of the Project Partners to correspond with funding availability. Surprise will reimburse the District 25% of its estimated cost-share each fiscal year beginning in FY 2018 and the remainder of its cost-share on or around July 1, 2020, or sooner based on funding availability. Peoria will reimburse the District its full cost-share no later than FY 2021, or sooner based on funding availability. The estimated total cost of components associated with this IGA is updated to $9,700,000, including construction management to be accomplished by District staff. Per the original IGA, the County will cost- share $367,000 for Phase 2 of the Project and the remaining Project costs will be shared 50%/25%/25% by the District and Peoria and Surprise. The District, in cooperation with Peoria and Surprise, completed the Glendale/Peoria Area Drainage Master Plan Update (ADMPU) 107th Avenue and Union Hills Drive Design Concept Report (DCR). The DCR recommended the Project to mitigate flooding in the 115th Avenue, Union Hills Drive, and 107th Avenue area. The Project was also recommended in the FY 2012/2013 CIP Prioritization Procedure. This Agenda Item impacts Supervisorial District 4. (C-69-15-027-3-01) Motion to approve by Director Gallardo, seconded by Director Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-4. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements and right-of-way acquisition documents, appraisal and relocation assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements, excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood Control purposes. A. Loop 303 Outfall Drainage System – (Per Resolution # FCD 1999R016) – HL Project #: 470.14.31 – FCD Parcel #: F00289 – APN: 502-43-002K – Release and Extinguishment of Temporary Construction Easement made by the Flood Control District of Maricopa for the sum of $10.00. B. Osborn Road Storm Drain Outfall – (Per Resolution # FCD 98-11) – HL Formal Meeting Minutes Wednesday, April 26, 2017 Page 71 of 73 Item #: 9901.002, 004, 006, 008 – APN: 129-26-001F; 128-49-002E; 124-49-061 (a portion); 130-50-001J (a portion) – Termination of Easement and Assignment of Easement Rights from Flood Control District of Maricopa County to the City of Scottsdale for the sum of $10.00. (C-06-17-448-7-00) Motion to approve by Director Gallardo, seconded by Director Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo FLOOD CONTROL DISTRICT ADDENDUM ADÉNDUM DE DISTRITO DE CONTROL DE INUNDACIONES FA-1. SETTLEMENT OF ADVANCED PROPERTY TAX LIENS, INC. V. TOAN X NGUYEN, FLOOD CONTROL DISTRICT OF MARICOPA COUNTY ET AL. Approve the settlement agreement dated April 26, 2017 in the matter of Advanced Property Tax Liens, Inc. v. Toan X. Nguyen, Flood Control District of Maricopa County et al., Pinal County Superior Court, Case No. CV2017-00202. Authorize a redemption payment of Certificate of Purchase (CP#320995) relating to Pinal County tax parcel 509-05-012B pursuant to A.R.S. § 42-18206 in the amount of $1,163.92 for past due taxes to the Pinal County Treasurer and payment of attorney’s fees and costs incurred by Plaintiff in the amount of $1,480.50 to Kessler Law Offices. This matter was heard in Executive Session on April 24, 2017. (C-69-17-027-S-00) Motion to approve by Director Gallardo, seconded by Director Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Denny Barney, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, April 26, 2017 Page 72 of 73 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, April 26, 2017, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Bill Gates, District 3; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Amy Goodloe, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. L-1. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Library District for January 2017, for a Non-Cash Value of $8,254.69 and a Cash Value of $59.75. (C-06-17-416-7-00) Motion to approve by Director Hickman, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo L-2. AMENDMENT TO FACILITY USE AGREEMENT WITH MARICOPA COUNTY FOR USE OF SPACE Approve and execute Amendment No. 5 to Intergovernmental Facilities Use Agreement (G- 30121) between Maricopa County Library District (“District”) and Maricopa County Formal Meeting Minutes Wednesday, April 26, 2017 Page 73 of 73 (“County”) for use of the County PNI Warehouse for storage of District property, located at 1920 South Lewis in Mesa. Renewal of Facilities Use Agreement No. G30121 will allow the District continued use of warehouse storage space in the PNI warehouse Building to store library fixtures, furniture and equipment. The square footage will be reduced from 4,000 to 2,000. The annual utility reimbursement from the District will be reduced from $2,000.00 to $700.00, The current agreement expires May 30, 2017. Amendment No. 5 will extend the term two (2) years and expire May 30, 2019. Either party may terminate the Agreement with a 90-day written notice to the other. (C-65-09-015-3-05) Motion to approve by Director Hickman, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Denny Barney, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board