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Special Meeting Minutes Wednesday, September 06, 2017 Board Members 9:45 AM Denny Barney, Chairman, District 1 Steve Chucri, Vice Chairman, District 2 BOARD OF SUPERVISORS Bill Gates, District 3 Maricopa County, Arizona Clint Hickman, District 4 (and the Boards of Directors of the Flood Control Steve Gallardo, District 5 District, Library District, Stadium District, Improvement Districts, Housing Authority of Maricopa County, Housing Authority of Maricopa County and/or Board of County Manager Deposit) Joy Rich Clerk of the Board "The mission of Maricopa County is Fran McCarroll to provide regional leadership and fiscally responsible, necessary Meeting Location public services to its residents so they can enjoy living in healthy Board of Supervisors Conference Room/ and safe communities” Sullivan Conference Room 301 W. Jefferson, 10th Floor Phoenix, AZ 85003 BOARD OF SUPERVISORS The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Special Session at 9:45 AM on Wednesday, September 6, 2017, in the Supervisors’ Conference Room, 301 W. Jefferson, 10th Floor, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2 (entered late); Bill Gates, District 3; Clint Hickman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Joy Rich, County Manager; and Andrea Cummings, Deputy County Attorney. Minutes compiled by Lori Medaris, Minutes Coordinator. PRESENTATION 1. 2018 PRIMARY AND GENERAL ELECTION CYCLES Presentation regarding the Election Plan for the 2018 Primary and General Election Cycles. Included will be the general Election Plan and some cost estimates regarding personnel and equipment. (C-06-18-062-P-00) Adrian Fontes, Maricopa County Recorder Rey Valenzuela, Elections Director Adrian Fontes, County Recorder, and Rey Valenzuela, Elections Director, began the presentation explaining their concept of the needs of the front office (polling places, etc.) and the back office (ballot counting). Mr. Fontes explained the options under the law for voting locations for general elections: 1. Precinct-based polling locations (one polling place per precinct) 2. Co-located or consolidated polling location of precincts adjacent to each other 3. Vote centers (aka Ballot Centers) Maricopa County has traditionally used options 1 and 2 for general elections. Mr. Fontes stated his goal is to use vote centers for the 2018 general election. He would like to use ballot centers in the 2017 election as a “proof of concept” so the Board can see the savings this option would provide for the County. Special Meeting Summary Wednesday, September 06, 2017 Page 2 of 6 Mr. Fontes explained that the current voting equipment has become so outdated that the department can no longer find parts. He stated the entire inventory of voting equipment for the precincts needs to be replaced at a cost of approximately $30-$35 million. Prior to 2019 the Recorder plans to reach out to major contractors with a request for information (RFI) asking for necessary information on new equipment, ballot imaging, lease-purchase options, etc. In 2019 they would progress from a RFI to a request for proposal (RFP) in order to use the new equipment in 2019 for small jurisdictional elections. The end goal is to update technology and transition to Ballot Centers, ensure security of the ballots and provide a positive voter experience. Mr. Fontes stated they expect to implement this plan for both front and back offices over a three-year period and he expects to save approximately one-half of what was originally estimated. ~ Supervisor Chucri entered the meeting ~ Ray Valenzuela reiterated that the Board is most familiar with options 1 and 2. He explained that option 3, the ballot centers, was used in the Presidential Preference Election and has been used in several places in Arizona successfully. He noted that Maricopa County has not been able to implement this option because the current technology being used is over 15 years old and is unable to support voting centers. Mr. Valenzuela provided several problems with the current voting system and several positives with transitioning to voting centers. Mr. Valenzuela explained that the new equipment could handle about 4,000 ballot styles and can print ballots in only eight seconds. The current equipment is limited to 12 ballot styles. The major impediment has been the age of the equipment. Mr. Valenzuela also explained that candidate rotation is one of the ballot styles. Mr. Fontes noted that the County would save $7.6 million using ballot centers because the machines used in Central Count would be bigger and more robust. Chairman Barney requested that the focus for today be on the front end – Election Day. Mr. Valenzuela explained that Ballot Centers can reduce the number of voting sites because sites would be created to handle multiple precinct areas. This would conceivably reduce the number of provisional ballots which would save research time on the back end. He commented that out-of-precinct issues would be eliminated because they could do a change of address on the fly. Discussion was held about like-sized communities in comparison with Maricopa County that use Ballot Centers such as Orange County, Florida; Orange County, CA; Denver, CO; and the entirety of Washington State. Also included in the discussion was the service that provides voters the ability to track their ballot status and the mechanics of the service. This is a third party service customized in-house. In response to a question about the ability of the local jurisdiction to choose between precinct voting or an all-mail election Mr. Fontes stated the jurisdictions were not given the choice, the only option was all-mail. Mr. Valenzuela stated that the goal is to be able to provide a ballot on demand at each Ballot Center and explained the time frames they expect to implement the Ballot Special Meeting Summary Wednesday, September 06, 2017 Page 3 of 6 Centers for the 2018 Primary and General elections: There will be three phases of Ballot Center sites: o 28-day sites: 4 standard sites open 27 days prior to the election with 6 check-in times o 11-day sites: 5 mega sites and 7 standard sites open 10 days prior to the election with 12 and 6 check-in lines o 5-day sites: 12 standard sites open 4 days prior to the election with 6 check-in lines o This is a total of 27 ballot center sites open on election day from 6:00 a.m. to 7:00 p.m. Countywide: o 6+ Standard Sites at 27 days prior to and including Election Day (28 day sites) o 10 Mega Sites (1 per 200,000 voters) at 10 days prior to and including Election Day (11 day sites) o 100 Standard Sites at 4 days prior to and including Election Day (5 day sites) There will be two Mega Sites in each Supervisorial District. With this plan the results will be a reduction in election costs and the enhancement of the voter’s experience: Election Day becomes the last day to vote in person versus the only day Allows for extended hours for several days instead of just on Election Day Fewer sites allows the Department to set them in perpetuity Removes long lines for voters (100 voters check-in under new system equals 15 minutes and open for in person voting throughout the weekend before Election Day) Negates almost all past obstacles formerly experienced by voters Discussion ensued on interaction between poll workers and the voters, the expectations of increased voting by mail and signature verification. Chairman Barney stated the Board now had enough information to help them in asking the questions that needed to be asked. Supervisor Chucri emphasized the Board’s responsibility to make the right decision and stated he still had concerns about the Ballot Centers. Supervisor Gallardo expressed his concerns about just 116 voting sites stating he was unsure this would be a sufficient number of sites. Supervisor Hickman requested a report with the positive and negative feedback from the Election Department’s meetings with community officers. Chairman Barney had concerns about the printers to be used for printing ballots. He wanted information from other entities about their experience with the printers, and he would like a narrative about the meetings the Election Department is holding as a part of the Department’s outreach program. ~ Supervisor Gallardo left the meeting ~ Special Meeting Summary Wednesday, September 06, 2017 Page 4 of 6 2. EXECUTIVE SESSION Vote to convene in Executive Session to consider the items on the Special Executive Agenda dated September 06, 2017, for Board of Supervisors and relevant Special Districts pursuant to the statutory authority listed for each item. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman Absent: Gallardo ~ Supervisor Gallardo returned to the meeting during the Executive Session ~ Open Session Reconvened: After discussion on the items on the Executive Agenda Chairman Barney called the meeting back to order in Open Session. OPEN SESSION BOARD OF SUPERVISORS 3. MELENDRES V. ARPAIO (PENZONE), CV-07-2513-GMS AND RELATED APPEALS. Take action as discussed in Executive session regarding Melendres v. Arpaio (Penzone) CV-07-2513-GMS. Such action may include approval of a contract and associated funding. (C-06-18-088-3-00) Motion made by Supervisor Chucri, seconded by Supervisor Hickman, and carried unanimously (5-0) to approve a contract with BrownGreer, PLC, to serve as the Third Party Administrator for the Victim Compensation Plan process and, approve the establishment of an outside bank account to be used by BrownGreer, PLC to facilitate payment of victim compensation claims submitted pursuant to the Court Order Regarding Victim Compensation. Additionally, approve expenditures of $75,000 for startup costs and $200,000 for the Notice Program. Also, authorize the Department of Finance to provide the initial deposit of $500,000 into this account, and make additional deposits as necessary in accordance with the Order. In addition, approve the related budget adjustments to accommodate this funding. All actions as more fully outlined in the contract and the associated agenda information forms, C-49-18-005-3-00 and C-49-18-006-2-00. These are the two referenced agenda items: C-49-18-005-3-00 Approve a contract with BrownGreer, PLC to serve as the Third Party Administrator for the Victim Compensation Plan process management associated with the claims submitted pursuant to the Order Regarding Victim Compensation, dated August 19, 2016, in the matter of Melendres v Arpaio CV-07-2513. BrownGreer, PLC is contracted as the Third Party Administrator for the review, administration and processing of Victim Compensation claims in the above matter. The term of the contract is effective from the date approved by the Board of Supervisors until Special Meeting Summary Wednesday, September 06, 2017 Page 5 of 6 the Services have been concluded, unless previously terminated pursuant to the terms of the agreement. This contract allows for the advertising costs associated with the claims, administration fees, as well as a per claim processing fee. FY 18: $375,000 (estimate). C-49-18-006-2-00 In compliance with the Establishing Administrative Bank Accounts (A2504), approve the establishment of an outside bank account to be used by BrownGreer, PLC to facilitate the payments of Victim Compensation claims submitted pursuant to the Order Regarding Victim Compensation, dated August 19, 2016, in the matter of Melendres, et al. v Arpaio, et al, CV-07-2513. Also authorize the Department of Finance to provide the initial deposit of $500,000 for the established Administrative Bank Account and authorize Finance to make additional deposits, as necessary, in accordance with the order. The Department of Finance will ensure that the account is established in compliance with the Establishing Administrative Bank Accounts Policy. Also approve the following adjustments to the Non-Departmental (D470) General Fund (100) Compliance – Non Recurring (MEL1) FY 2018 budget: a) Decrease the expenditure budget for the Non Departmental (D470) General Fund (100) Compliance (MEL1) in the line “Criminal Justice Contingency” (4711) by $1,000,000. b) Increase the Non Departmental (D470) General Fund (100) Compliance – Non Recurring (MEL1) in a new line “Melendres Victim Compensation Claims and Administration” (4712) by $1,000,000. The Finance Department is requesting approval to establish an outside bank account in compliance with the Establishing Administrative Bank Accounts Policy (A2504), the designee(s) recommends approval for the establishment of these accounts. BrownGreer is contracted as the Third Party Administrator for the review, administration and processing of these claims. The County will have “view” oversight of the established bank account but will not be a signer on the account. Ayes: Barney, Chucri, Gates, Hickman, Gallardo 4. ACTION RELATED TO HB 2477 Take action related to HB 2477 regarding procedures related to RICO processes as discussed or directed in Executive Session, September 6, 2017. (C-06-18-086-M-00) Motion by Supervisor Gates, seconded by Supervisor Gallardo to engage Arthur Eaves as the outside counsel regarding County Attorney use of RICO funds. Motion passed unanimously (5-0). Ayes: Barney, Chucri, Gates, Hickman, Gallardo 5. MARICOPA COUNTY V. EL PASO NATURAL GAS CO., ET AL, CV2014-006045 Take action in response to the Offer of Judgment served on Maricopa County in this matter, consistent with discussions in Executive Session on August 21, 2017 and September 6, 2017. (C-64-18-029-S-00) Supervisor Hickman made a motion that counsel for Maricopa County be authorized to accept the Defendants’ Offer of Judgment dated August 7, 2017, in the case of Special Meeting Summary Wednesday, September 06, 2017 Page 6 of 6 Maricopa County v. El Paso Natural Gas Company L.L.C., et al, CV2014-006045. Motion was seconded by Supervisor Gallardo. 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