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Board Members Denny Barney, Chairman, District 1 Steve Chucri, Vice Chairman, District 2 Bill Gates, District 3 Clint Hickman Steve Chucri, District 4 Steve Gallardo, District 5 County Manager Joy Rich "The mission of Maricopa County is to Clerk of the Board provide regional leadership and fiscally Fran McCarroll responsible, necessary public services to Meeting Location its residents so they can enjoy living in Supervisors' Auditorium healthy and safe communities” 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control District 37 Library District 42 Stadium District No Meeting Board of Deposit No Meeting Wednesday, May 10, 2017 9:30 AM Formal Meeting Summary Wednesday, May 10, 2017 Page 2 of 41 Supervisor Chucri introduced Father Salamy who would be offering the invocation and Mary Ellen Sheppard who would lead the Pledge of Allegiance to the flag. 1. INVOCATION - INVOCACIÓN Father Salamy, Pastor of the St. George Antiochian Orthodox Church offered the invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Mary Ellen Sheppard, Assistant County Manager, led the assemblage in the Pledge of Allegiance to the flag. ~Supervisor Gallardo entered the meeting~ 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, May 10, 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; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Melissa Gable, Maricopa County Animal Care and Control (MCACC), introduced Timmy, an eight month old Chihuahua mix available for adoption for a nominal fee of $20.00 at the West Shelter, 2500 W. 27th Ave., Phoenix, AZ 85009. She spoke of the recent expansion of kennel space and about an event being held at the shelter on Saturday, May 13, 2017. For more information contact 602-506-7387 or visit www.pets.maricopa.gov. 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. CROWN CASTLE CHANDLER Case #: Z2016046 Supervisor District: 1 Applicant/Owner: Michael Campbell / Crown Atlantic Company Formal Meeting Summary Wednesday, May 10, 2017 Page 3 of 41 Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) - 180’ (h) guyed lattice tower in the Rural-43 zoning district Site Location: Generally located ½ mile to the southwest of Queen Creek Rd. and Higley Rd. in the Gilbert area. Commission Recommendation: On April 13, 2017, the Commission voted 6-0 to recommend approval of Z2016046 subject to conditions ‘a’ – ‘k’: a. Development of the site shall comply with the Zoning Exhibit entitled “Crown Castle”, consisting of six (6) full-size sheets, stamped received February 27, 2017, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Crown Castle”, consisting of four (4) pages, stamped received February 27, 2017, except as modified by the following conditions. c. The maximum height of the Wireless Communication Facility shall be limited to 180’ (h) including attachments. d. The maximum diameter of antenna arrays shall not exceed 20’-6”. e. The maximum diameter of microwave dishes shall not exceed 8’ f. 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. g. This Special Use Permit shall expire 25 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. h. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by staff of the Planning and Development Department. i. Noncompliance with the Special Use Permit (the site plan and narrative report) or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. j. 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. k. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Formal Meeting Summary Wednesday, May 10, 2017 Page 4 of 41 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-44-17-096-M-00) Motion to concur with Planning Commission recommendation to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-2. 71ST & THUNDERBIRD Case #: Z2016099 Supervisor District: 4 Applicant/Owner: Courtland Communities / Mark Schreiber Request: Zone change from Rural-43 to R1-10 RUPD Site Location: Located at the northwest corner of Thunderbird Road and 71st Avenue in the Peoria area Commission Recommendation: On April 13, 2017, the Commission voted 6-0 to recommend approval of Z2016099 subject to conditions ‘a’ – ‘m’: a. Development of the site shall comply with the conceptual site plan entitled “71st Avenue and Thunderbird”, consisting of 1 full-size sheet, dated January 2017 and stamped received February 14, 2017 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Courtland Communities 71st Avenue and Thunderbird Road”, consisting of 8 pages, dated February 14, 2017, and stamped received February 14, 2017 except as modified by the following conditions. c. The following R1-10 RUPD standards shall apply: 1. Front yard: 10’ (setback for side entry garage or forward living product; Front yard setback may be reduced by up to 5-feet at knuckles, cul-de-sacs, and roadway tapers such that an 18-foot driveway (measured from back of sidewalk) is provided and that all other Zoning District Standards are met.) 2. Side Yard: 5’/10’ (15’ min. total separation) 3. Rear yard: 15’ 4. Lot coverage: 55% All other standards if the R1-10 zoning district shall remain unchanged. d. The applicant/property owner shall submit a ‘will serve’ letter from the Peoria Fire Department 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. Formal Meeting Summary Wednesday, May 10, 2017 Page 5 of 41 e. The following Maricopa County Department of Environmental Services Department (MCESD) conditions shall apply, unless such time the property is annexed by the City of Peoria: 1. A separate Approval to Construct (ATC) for public water and sewer be submitted to MCESD for approval. 2. Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. The owner/developer shall prepare a Stormwater Site Plan and obtain approval by MCESD prior to construction. (A separate submittal to MCESD is required.) 3. Upon completion of construction, the owner shall fulfill MCESD post-construction requirements. This will include appropriate operation and maintenance requirements. f. The following Engineering conditions shall apply: 1. It is understood that the subject premises will be annexed into the City of Peoria in order to obtain water and sewer service. All local and offsite right-of-way and street improvements shall conform to the City of Peoria standards or requirements. 2. Unless such time the property is annexed by the City of Peoria, maximum retention basin depth shall be 3 feet plus one (1) foot of freeboard. Depths in excess of this requirement shall require implementation of safety measures (i.e. pool barrier type fencing). 3. A Traffic Impact Study to address traffic impacts and roadway improvements required to support the proposed development must be submitted with the Preliminary Plat application(s). g. The R1-10 RUPD zoning approval is conditional per Maricopa County Zoning Ordinance Article 304.6 for a period of five (5) years. Within five (5) years of Board of Supervisors’ approval there shall be Final Plat approval for the residential site or the zoning may be considered for reversion to Rural-43 at public hearing of the Board of Supervisors after recommendation by the Planning and Zoning Commission, unless within such time the property is annexed by the City of Peoria. h. Noncompliance with any Maricopa County Regulation or condition of approval shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. 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 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 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. Formal Meeting Summary Wednesday, May 10, 2017 Page 6 of 41 j. The project shall provide for 7% useable open space and 12% minimum total open space, each measured by the net area of the project. An amenity area shall be provided that is appropriate for the project and reviewed and accepted by the City. This may include items such as a ramada, barbecue, seating area, and/or playground structure. k. A 30’ right-of-way dedication shall be made to the City of Peoria for the half-street of 71st Avenue and the roadway shall be constructed to match the Redfield Estates subdivision to the north. The right-of-way dedication shall be widened to accommodate the intersection improvements at 71st Avenue and Thunderbird Road. l. The southern entrance shall be revised to meet the development standards of the City of Peoria for private gated entries. The northern entrance is acceptable as reflected on the site plan dated January 2017. A reduced section at the southern entrance may be accepted by the City if an alternative is presented to and approved by the City. m. Upon annexation into the City of Peoria, the internal street section shall be a private tract consisting of a 32’ roadway (measured from back-of-curb to back-of-curb) and 5’ sidewalks on each side. The private roadway tract shall be 42’ wide to accommodate the roadway. (C-44-17-098-M-00) Motion to concur with Planning Commission recommendation to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-3. SUPERSTITION CRUSHING Case #: Z2016107 Supervisor District: 1 Applicant/Owner: Tim R. Nielson / Deloris Walker Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located at the northeast corner of Loop 202 (Red Mountain Fwy.) and Country Club Drive in the Mesa area Commission Recommendation: On April 13, 2017, the Commission voted 6-0 to recommend approval of Z2016107 subject to conditions ‘a’ – ‘h’: a. Development of the site shall comply with the exhibit entitled “Zone Change for Superstition Crushing Co.”, consisting of 1 full-size sheet, dated February 8, 2017 and stamped received February 9, 2017 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Narrative Report”, consisting of 4 pages, dated February 8, 2017 and stamped received February 9, 2017 except as modified by the following conditions. c. The following IND-2 IUPD standards shall apply: 1. Side Yard: 0’ 2. Screening: 6’ open chain link fence All other standards of the IND-2 zoning district shall apply. Formal Meeting Summary Wednesday, May 10, 2017 Page 7 of 41 d. The applicant/property owner shall submit a ‘will serve’ letter from Rural Metro Fire Department 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. e. Until such time as the site is served by public water and sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. f. The IND-2 IUPD zoning approval is conditional per Maricopa County Zoning Ordinance Article 304.6 for a period of either (a) one year from the date of Board of Supervisors approval within which time there shall be final approval of a building permit for the existing repair shelter or any other structures as applicable, or (b) six months from the date of Board of Supervisors approval within which time the applicant shall obtain legal non- conforming status for the existing repair shelter. Any other structures in addition to the repair shelter and the chain-linked fence shall require building permits. The applicant shall also provide an encroachment permit from ADOT for the shelter and the chain link fence. Failure to obtain said permits may be grounds for reversion to Rural-43 at public hearing of the Board of Supervisors after recommendation by the Planning and Zoning Commission, unless within such time the property is annexed by the City of Mesa. g. Noncompliance with any Maricopa County Regulation or condition of approval shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. 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. h. 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 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-44-17-097-M-00) Motion to concur with Planning Commission recommendation to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo REGULAR AGENDA - AGENDA REGULAR Formal Meeting Summary Wednesday, May 10, 2017 Page 8 of 41 PZ-4. 30209 & 30019 N. 144TH ST. RUPD OVERLAY 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 Formal Meeting Summary Wednesday, May 10, 2017 Page 9 of 41 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. This item was continued from the April 26, 2017 meeting. (C-44-17-082-M-00) The following residents registered in support of item PZ-4: Susanne McGlashan, Sean Backus, Cassy Fitch, Chris Culbreth, Barbara Johnson Gary Hayes spoke on behalf of the applicant. He noted he appreciated the work of District 3 which contributed to finding a resolution that works for both the applicant and local residents. Supervisor Chucri thanked Mr. Hayes for his work. He noted it is about progress not perfection. He thanked all involved for finding a compromise on the best use of the property, and the residents for their presence. Motion to concur with Planning Commission recommendation to approve as amended by Supervisor Chucri and as noted below (additions are underlined and updates have strikeouts): 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. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised Narrative Report that references the change in maximum lot coverage to 12%. c. The following Rural-190 RUPD standard shall apply: Maximum Lot Coverage: 12% 20%. All other standards of the Rural-190 zoning district shall remain. Joy Rich, County Manager, noted the Sheriff’s Office is now comfortable to move forward with the item. Chairman Barney thanked everyone for their involvement in finding a resolution. The motion was seconded by Supervisor Hickman. Ayes: Barney, Chucri, Gates, Hickman, Gallardo PZ-5. ORDINANCE P-10 FOR ADULT ORIENTED BUSINESSES AND ADULT SERVICE PROVIDERS Case #: TA2016006 Formal Meeting Summary Wednesday, May 10, 2017 Page 10 of 41 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. This item was continued from the April 26, 2017 meeting. (C-44-17-081-M-00) Motion to concur with Planning Commission recommendation to approve 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 5. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR This is the time scheduled for a public hearing on the applications for liquor licenses. At this hearing, the Board of Supervisors will determine the recommendation to the State Liquor Board as to whether the State Liquor Board should grant or deny the license. a. NEW LICENSE FOR AGUILA VALLEY MARKET Pursuant to A.R.S. § 4-201, approve an application filed by Marcos Enriquez for a New Series 10 Liquor License for Aguila Valley Market at 50903 West US Highway 60, Aguila, Arizona 85320. (AZ 10076859) (Supervisorial District 4) (C-06-17-400- L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. NEW LICENSE FOR CARIOCA SHELL #52 Pursuant to A.R.S. § 4-201, approve an application filed by Howard Everett Magee for a New Series 10 Liquor License for Carioca Shell #52 at 3906 West New River Road, New River, Arizona 85087. (AZ 10076857) (Supervisorial District 3) (C-06- 17-389-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo c. NEW LICENSE FOR GIANT RUSTIC PIZZA Pursuant to A.R.S. § 4-201, approve an application filed by John Andrew Wunder Formal Meeting Summary Wednesday, May 10, 2017 Page 11 of 41 for a New Series 12 Liquor License for Giant Rustic Pizza at 39508 North Daisy Mountain Drive Suite 158, Anthem, Arizona 85086. (AZ 1207A954) (Supervisorial District 3) (C-06-17-409-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Planning and Development 6. STREET NAME CHANGE FROM DEAD HORSE PASS TO KINDER CROSSING PASS Convene the scheduled public hearing to change the name of N Dead Horse Pass to N 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. (C-44-17-099-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation – Transportación 7. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0048 Convene a hearing for Road File No. PAB-0048 to consider the request to abandon a portion of a Federal Patent Easement Number #1204463 lying in the Northeast quarter of Section 15 – T5N, R4E of the Gila and Salt River Meridian, Maricopa County, Arizona. In the general vicinity of: North 67th Street and East Ranch Road, Assessor Parcel 216-50- 177. Notice conditions and the request for comment requirements have been met. 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-0048. 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. Supervisory District No. 2 (C-64-17-079-M-01) Motion to approve by Supervisor Hickman, 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 Clerk of the Board - Secretaria de la Junta 8. APPLICATION FOR ANTHEM FIREWORKS DISPLAY Pursuant to A.R.S. § 36-1603, approve an application for a fireworks display filed by Randy Reyman of Reyman Pyrotechniques/Any Pyro. The event will be located at the Anthem Formal Meeting Summary Wednesday, May 10, 2017 Page 12 of 41 Community Park at 41703 North Gavilan Peak Parkway, Anthem, Arizona 85086 on Monday, July 3, 2017 at 9:00 pm. (Supervisorial District 3) (C-06-17-437-L-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo County Attorney - Procurador del Condado 9. REPLACEMENT OF FLEET VEHICLES AND EXEMPTION FROM MARKINGS Pursuant to A.R.S. § 38-538-03 and §28-2511(A), approve the issuance of non- governmental license plates and exemptions from county markings for six (6) undercover vehicles. These vehicles are replacing six (6) vehicles that are used for law enforcement investigative purposes. Vehicle details and identification numbers will be kept on file according to LAPR retention guidelines: with the Clerk of the Board. These vehicles were purchased in accordance with Maricopa County’s vehicle replacement process. The replacement was acquired using General Government (Agency 470) General fund (100) monies through the Equipment Services department. These replacements were deemed critical by equipment services due to excessive mileage and/or the age of the vehicle which made it cost prohibitive to acquire replacement parts with which to maintain the vehicle. As this action involves the replacement of existing vehicles in the fleet, expenditures for the operation and maintenance of the vehicles will continue to be absorbed by the County Attorney's general fund budget with zero net impact. As the vehicles being replaced are currently exempt from markings and governmental license plates, the Maricopa County Attorney's Office requests that the replacement vehicles purchased also be exempt from County markings and issued regular Arizona license plates as provided in accordance with A.R.S. § 38-538.03 and A.R.S. § 28-2511(A). This will ensure that they can be used in furtherance of their law enforcement mission. (C- 19-17-046-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Sheriff - Alguacil 10. CASH DONATION FROM PHOENIX CEMENT COMPANY Approve the acceptance of a $2,500 cash donation to the Maricopa County Sheriff’s Office from Phoenix Cement Company. This donation is designated to help fund the Volunteer Awards Ceremony recognizing Posse volunteers that is scheduled in May in Phoenix at the El Zaribah Shrine. (C-50-17-093-D-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 11. PEPPERBALL LAUNCHER TRADE-IN Formal Meeting Summary Wednesday, May 10, 2017 Page 13 of 41 Pursuant to the Maricopa County Procurement Code, MC1-803, approve the trade-in of thirty (30) non-functioning SA200 Pepperball Launchers for a credit of $26 each and a total value of $780. These items are obsolete with replacement parts that are difficult to locate and expensive. The trade-in credit will be used toward a purchase of more modern replacement devices that will be purchased this fiscal year. A list of the serial numbers for the items being traded is attached. These items are used in the Sheriff's Training Division for training officers. (C-50-17-094-M- 00) Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo Treasurer - Tesorero 12. OFFER ON PREVIOUSLY OFFERED TAX DEEDED LAND PARCEL Pursuant to A.R.S. §42-18303(A), consider the cash offer of $282.10 from Michael Bystrom, or additional bids as offered at the Board meeting, on the following Tax Deeded Land parcel: Date Previously Offered – April 7, 2016 Parcel Number – 138-51-028 Purchaser / Name for the Deed – Michael Bystrom Amount of Offer – $282.10 A.R.S. §42-18303 states that the County may sell real property in the county held by the State by tax deed to the highest bidder for cash except as provided in subsections E and F of this section. If the Board votes to sell the subject property, direct that the Treasurer’s Office accept payment and prepare the deed to convey the property sold and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42-18262, the proceeds from the sale will revert to the County General Fund. The Treasurer recommends to the Board of Supervisors that an offer be accepted. The subject property lies within Supervisorial District 2. Crossroads are S. Country Club Drive and W. Broadway Road. (C-43-17-043-M-00) The Clerk asked if there were any additional bids and there were none. Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo JUDICIAL BRANCH - PODER JUDICIAL Superior Court - Tribunal Superior 13. APPOINTMENT OF ATTORNEY AS SUPERIOR COURT JUDGE PRO TEMPORE The Superior Court respectfully requests the Board of Supervisors approve the appointment of Attorney MaryAnne Majestic as Superior Court Judge Pro Tempore in accordance with Arizona Revised Statutes § 12-141. This serves the interests of judicial Formal Meeting Summary Wednesday, May 10, 2017 Page 14 of 41 economy and promotes sound caseflow management. This attorney would serve as a Superior Court Judge Pro Tempore without any compensation other than that to which she is entitled as an on-call and part-time commissioner of the Superior Court in Maricopa County. The appointment will be for the period commencing June 1, 2017 through June 30, 2018. (C-80-17-011-2-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Animal Care and Control Services - Servicios de Control y Cuidado de Animales 14. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR CHARLES “E” SHABAZ Approve kennel permit K18-000062 pursuant to A.R.S. §11-1009 for Charles “E” Shabazz, 2529 E Culver Street, Phoenix, AZ 85008 in District 5 for the term of May 1, 2017 through April 30, 2018. The cost of a kennel permit is $328. (C-79-17-053-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Contract Counsel - Abogado de Contrato 15. PARTICIPATE IN EXTERNSHIP PROGRAM WITH CREIGHTON UNIVERSITY Authorize the offices in Public Defense Services (PDS) to participate in Externship Program(s) with Creighton University. With this agenda item, the Board of Supervisors is approving, in substantial form, a contract template to be executed by the individual Extern(s) hereafter referred to as “Students” and supervising attorney(s) in the offices in PDS. The offices in PDS, if approved for this action, will be authorized to have Student(s) assigned from Creighton University and to execute all necessary individual contracts through May 9, 2022. At that time, continued Board approval of the program may be requested. No compensation will be provided by Maricopa County to the Student(s). In providing services to a PDS office, the Student (s) shall be deemed to be volunteer(s) of the office. Notwithstanding the foregoing, some volunteers may receive financial aid in the form of federal work study funds. In that instance, volunteers receive payment directly from the University. Authorize PDS to execute federal work study forms substantially similar to the templates attached hereto permitting the volunteers to receive federal work study funds from the University. Experienced attorneys employed by the PDS offices will serve as the supervisors and mentors for Student(s) provided by Creighton University. All services to be provided by the Student(s) shall be performed under the direct supervision, direction, and control of a supervising attorney. Suitable office space and administrative and other support services will be provided by the offices for the Student(s). The Student(s) shall be subject to all of the departmental policies, procedures, and practices except as provided with respect to compensation and benefits or as otherwise determined by the departments. Maricopa County shall cover the Student(s) and the services provided by the Student(s) under any applicable risk insurance policies on the same basis as a volunteer of the department. Approval of this agenda item will serve as Board authorization and acceptance of individual externship agreements entered into under the established Creighton University Extern Formal Meeting Summary Wednesday, May 10, 2017 Page 15 of 41 Program(s) through May 9, 2022. Individual agreements between the University and the office(s) may allow for extensions or renewals. Approval of this agenda item will further serve as Board authorization and acceptance of the provisions of the agreements extended or renewed through May 9, 2022. There are no notable costs associated with the Programs; therefore there is no need for recovery of indirect costs. (C-56-17-007-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 16. PARTICIPATE IN EXTERNSHIP PROGRAM WITH WILLIAMETTE UNIVERSITY Authorize the offices in Public Defense Services (PDS) to participate in Externship Program(s) with Williamette University. With this agenda item, the Board of Supervisors is approving, in substantial form, a contract template to be executed by the individual Extern(s) hereafter referred to as “Students” and supervising attorney(s) in the offices in PDS. The offices in PDS, if approved for this action, will be authorized to have Student(s) assigned from Williamette University and to execute all necessary individual contracts through May 9, 2022. At that time, continued Board approval of the program may be requested. No compensation will be provided by Maricopa County to the Student(s). In providing services to a PDS office, the Student(s) shall be deemed to be volunteer(s) of the office. Experienced attorneys employed by the PDS offices will serve as the supervisors and mentors for Student(s) provided by Williamette University. All services to be provided by the Student(s) shall be performed under the direct supervision, direction, and control of a supervising attorney. Suitable office space and administrative and other support services will be provided by the offices for the Student(s). The Student(s) shall be subject to all of the departmental policies, procedures, and practices except as provided with respect to compensation and benefits or as otherwise determined by the departments. Maricopa County shall cover the Student(s) and the services provided by the Student(s) under any applicable risk insurance policies on the same basis as a volunteer of the department. Approval of this agenda item will serve as Board authorization and acceptance of individual externship agreements entered into under the established Williamette University Extern Program(s) through May 9, 2022. Individual agreements between the University and the office(s) may allow for extensions or renewals. Approval of this agenda item will further serve as Board authorization and acceptance of the provisions of the agreements extended or renewed through May 9, 2022. There are no notable costs associated with the Programs; therefore there is no need for recovery of indirect costs. (C-56-17-008-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Services - Servicios Humanos 17. AMENDMENT TO THE IGA WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY Approve revenue Amendment No. 5 to the Intergovernmental (IGA) between Arizona Department of Economic Security (DES) and Maricopa County, administered by its Human Services Department. The purpose of Amendment No. 5 is for DES to provide the County with funding for Case Management and Community Services activities. The funding for Case Management is $3,591,323 and for Community Services is $977,885. The funding availability period is July 1, 2017 through June 30, 2018. The total funding amount for Amendment No. 5 is $4,569,208. Formal Meeting Summary Wednesday, May 10, 2017 Page 16 of 41 Pursuant to the Terms and Conditions, Section 32.0 Levels of Service, the Amendment adds the initial Case Management Service Budget and Community Services Service Budget for the period of July 1, 2017 through June 30, 2018 as follows: Per the Community Action Network (CAN) Alert issued on March 17, 2017, the Case Management contract reimbursement ceiling for the period of July 1, 2017 through June 30, 2018 is $3,591,323. Per the Community Action Network (CAN) Alert issued March 17, 2017, the Community Services contract reimbursement ceiling for the period of July 1, 2017 through June 30, 2018 is $ 977,885. The Agreement term began on July 1, 2015 and ends on June 30, 2020. The FY2018 Human Services Department approved indirect cost rate from the U.S. Department of Health and Human Services is 20.4% of salaries and employee related expenses. The total Amendment funds are $4,569,208, of which $941,626 is for salaries and benefits. The total estimated indirect costs are $192,092. 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 amendment through future grant reconciliation. This amendment does not impact County funds. (C-22-15-064-3-05) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Parks and Recreation - Parques y Recreación 18. AMENDMENT TO IGA WITH CITY OF PEORIA FOR MARICOPA TRAIL SEGMENT 12 Approve Intergovernmental Agreement (IGA) Amendment Two between the City of Peoria (City) and Maricopa County (County) for adding responsibilities for trail signage maintenance. The IGA was entered into between the County and the City on August 8, 2008 (C-30-08- 036-5-00) to establish a partnership between the County and City to construct a multi- modal trail section as an alternative transportation route through the west valley communities from White Tank Mountain Regional Park to Lake Pleasant Regional Park (Maricopa Trail Section 12). The Amendment One provided an alternate route for a section of Maricopa Trail Segment 12 and provided for other administrative changes. This Amendment Two defines the County’s and City’s responsibilities for trail signage maintenance along this section of the Maricopa Trail, Segment 12. (Supervisorial District No. 4) (C-30-08-036-5-02) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Summary Wednesday, May 10, 2017 Page 17 of 41 Procurement Services - Servicios de Adquisiciones 19. SECURITY BUILDING PARKING GARAGE (16043-SS) Approve the assignment of all rights and responsibilities for the operation of the parking garage adjacent to the Security Building from ACE Parking Systems to AmeriPark LLC. The purpose of the Month-to-Month rentals is to provide employees/visitor parking at the Security Building. Month—to-Month rental of the individual parking spaces is at an estimated cost of $300,000 per year until January 31, 2021. The start date is effective February 1, 2017 and the new end date will be January 31, 2021. (C-73-16-016-7-02) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Public Health - Salud Pública 20. PURCHASE ORDER FOR IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR DENTAL SEALANT PROGRAM Approve modified Purchase Order (PO) ADHS13-037845:7 for Intergovernmental Agreement (IGA) No. ADHS13-037845, Dental Sealant Services, between Arizona Department of Health Services (ADHS), and Maricopa County through its Department of Public Health (MCDPH), Office of Oral Health, to provide funding for the Dental Sealant Program. Additional funding is in the amount of $70,000.00 (Item 8) for services to be provided January 1, 2017 through December 31, 2017. The contract term is effective January 1, 2013 through December 31, 2017. Terms and conditions set forth in the bid, quotation, or purchase order are incorporated herein by reference and become a part of this order. MCDPH’s Indirect Rate for FY 2016-17 is 15.1%. The increased indirect costs are estimated at $9,183, all 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 rate. 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 IGA 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. Funds for this grant are provided by ADHS and do not increase the County’s general fund. (C-86-13-064-3-13) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 21. AGREEMENT WITH WESLEY COMMUNITY AND HEALTH CENTER FOR WIC RELATED SERVICES Approve and execute Agreement P-50301 with Wesley Community and Health Center (WCHC) for the purpose of providing WIC and other support services to families (Clientele) on WCHC premises located at 1625 N. 39th Avenue, Phoenix, AZ 85009. This Agreement will begin as of May 15, 2017 and end on May 14, 2019. Thereafter, this Agreement will be automatically renewed for an additional one (1) year term beginning on May 15, 2019 and ending on May 14, 2020. There is no charge to the County or County clients. (C-86-17- 066-L-00) Formal Meeting Summary Wednesday, May 10, 2017 Page 18 of 41 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 22. MOU WITH MARICOPA COUNTY SPECIAL HEALTH CARE DISTRICT DBA MARICOPA INTEGRATED HEALTH SYSTEM AND MARICOPA MEDICAL CENTER Approve a Memorandum of Understanding (MOU) between Maricopa Integrated Health System (MIHS) and Maricopa Medical Center and Maricopa County by and through its Department of Public Health (MCDPH), Healthcare for the Homeless, to establish arrangements for hospitalization, health care related services, including specialty care services, discharge planning, and patient tracking in order to assure appropriate communication and continuity of care for Health Center patients who receive health care and inpatient services (collectively “Hospital Services”) from Hospital. The term of this MOU shall commence on May 15, 2017 and expire December 31, 2017 with an option to renew per section IV. (C-86-17-067-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Real Estate - Bienes Raíces 23. COMMUNICATIONS FACILITIES LICENSE AGREEMENT WITH COX COMMUNICATIONS AND UNITED FOOD BANK FOR ACCESS TO COUNTY PROPERTY Approve and authorize the Chairman to approve a Communications Facilities License Agreement (the “Agreement”) between COX and United Food Bank (UFB) for the installation of communication and data line/equipment on County Property at 358 E. Javelina Ave., Mesa. The County, as owner of the property, leases the property to Community Bridges, Inc. pursuant to lease MC-10185, C-18-11-024-4-1-00 and that Community Bridges subleases a portion of that property to United Food Bank pursuant to sublease C-18-024-4-1-00. United Food Bank has need of upgraded communications connection pursuant to an agreement with COX who is asking for approval by the County as property owner. The installation is at no cost or obligation to the County. The term of the Agreement shall commence upon approval of the Board of Supervisors and signature of the Chairman of the Board and expire five (5) years later. The term will automatically renew for consecutive one (1) year terms unless COX or UFB provide sixty (60) day notice of their intent to not to renew prior to the end of any renewal term. Either Party may terminate the Agreement with ninety (90) days’ notice to the other. Community Bridges, Inc., as Lessee and Sublessor, will also concur with the Agreement. (C-70-17-016-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Summary Wednesday, May 10, 2017 Page 19 of 41 Transportation - Transportación 24. AGREEMENT WITH SUN CITY PRIDES, INC. FOR SUPPORT SERVICES Approve the Agreement between Maricopa County and Sun City PRIDES, Inc. (PRIDES) detailing services provided by each party within Maricopa County right-of-way. The term of the Agreement will not exceed five (5) years unless extended by appropriate actions by the County and the PRIDES. Either party may terminate this Agreement at any time prior to the expiration date by furnishing the other party with a sixty (60) day written notice. Either party may change the current level of service being provided by providing the other party with thirty (30) days notice. The purpose of this Agreement is to update a 2008 Letter of Agreement between the parties that outlined specific items and services provided by each party. This Agreement formalizes the volunteer role and activities performed by the PRIDES. Under the Agreement, the parties will coordinate the services provided within Maricopa County right- of-way, including developing an annual work plan detailing expected projects for each upcoming fiscal year for planning and budgeting purposes. (Supervisory District No. 4) (C- 64-17-118-M-00) Supervisor Hickman stated that this is an update to the current arrangement, and thanked the Sun City Prides who often deliver shovel-ready projects. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 25. CONTRACT WITH QUEEN CREEK IRRIGATION DISTRICT FOR IMPROVEMENTS TO RIGGS ROAD - POWER ROAD TO HAWES ROAD Approve and authorize the Chairman of the Board to execute the contract between Maricopa County (County) and the Queen Creek Irrigation District (QCID) to relocate QCID facilities within the project limits of Project TT0406: Riggs Road- Power Road to Hawes Road. The estimated cost for completing the work is $4,051,163.42. Final invoicing will not exceed 10% of the estimated cost. Funds are available in Transportation (640), Transportation Capital Project Fund (234), County Arterials (ARTS) Project, Sub-Project TT0406. The purpose of this relocation effort is to move QCID facilities out from under roadway improvement occurring on Riggs between Power Road and Hawes Road and to relocate QCID facilities located in the intersection of Sossaman Road and Riggs Road. This project will require QCID to remove approximately 9000 feet of 48” Cast in Place pipe and replace it with 8500’ of 36” and 48” RGRCP pipe. This project is necessary because Riggs Rd. will be a major traffic artery in the community. This will be part of building Riggs Rd. to a five lane section from Power Rd. to Hawes Rd. QCID is a major irrigation water provider in the local community and helping them relocate their facility so as to provide continued service to this area allows the area to continue to grow and develop. (Supervisory District No. 1) (C-64-17-110-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 26. IGA WITH CITY OF GOODYEAR TO WAIVE TRAFFIC CONTROL PERMIT FEES Approve the Intergovernmental Agreement between Maricopa County and City of Goodyear to waive traffic control permit fees in certain situations. Under the Formal Meeting Summary Wednesday, May 10, 2017 Page 20 of 41 Intergovernmental Agreement, the agencies will agree to reciprocally waive traffic control permit fees for projects meeting specific requirements. The Agreement will remain in effect through June 30, 2021 unless extended by appropriate actions by the County and City. Either party may terminate this Agreement at any time prior to the expiration date by furnishing the other party with a thirty (30) day written notice. This Agreement will allow for traffic control permit fees to be waived when the City has a project adjacent to or near County right-of-way, the County is not a partner to the project, and the City needs to place traffic control in County right-of-way for appropriate notice and safety. The traffic control permit fees would be waived for County projects meeting the same conditions. Both parties are required to submit traffic control plans and follow standard permitting requirements. The review of the traffic control permit application plans would be expedited by both parties to allow for timely project delivery. (Supervisory District No. 4 and 5) (C-64-17-098-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 27. IGA WITH GILA RIVER INDIAN COMMUNITY FOR IMPROVEMENTS TO BASELINE ROAD FROM 91ST AVENUE TO 77TH AVENUE ALIGNMENT Approve the Intergovernmental Agreement between Maricopa County and the Gila River Indian Community (Community) for Improvements to Baseline Road from 91st Avenue to 77th Avenue Alignment. Under the Intergovernmental Agreement, the Community will install, operate, and maintain street lights within County right-of-way on Baseline Road from 91st Avenue east to the Community border at approximately the 77th Avenue alignment. The Community is the lead agency for this project and will be responsible for design, construction, operation, and maintenance of all street lights installed. The Community plans to install three (3) street lights at this time. Future street lights are contingent upon funding. All costs associated with design, construction, operation, and on-going maintenance will be incurred by the Community. The County is not contributing financially to the project. Supervisory District No. 5 (C-64-17-111-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 28. CONNECTED VEHICLE POOLED FUND STUDY Approve request for the Maricopa County Department of Transportation (MCDOT) to join the Connected Vehicle Pooled Fund Study (PFS) entitled “Program to Support the Development and Deployment of Connected Vehicle Applications,” a U.S. Department of Transportation (USDOT) vehicle initiative. Additionally approve MCDOT’s annual membership contribution of $25,000 per year for five years (FY17-FY21), in which the USDOT funding program will entitle MCDOT to participate in the study as a Core Member and vote on official business and project Formal Meeting Summary Wednesday, May 10, 2017 Page 21 of 41 opportunities funded by USDOT. Funds for the membership are programmed in the Department of Transportation Operating Fund (fund 232) for Sub-project TE024, MCDOT Intelligent Transportation System (ITS). Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. The approval of this requested action does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. Section 42-17105. MCDOT has been utilizing its membership in the Connected Vehicle PFS Program since FY2011 (C-91-11-053-G-00) and has leveraged potentially transformative capabilities of this technology with its own ITS activities. MCDOT is recognized nationally for its leadership in ITS programs, such as Connected Vehicle and SMARTDrive technology. Specifically, the Connected Vehicle PFS funded the development and implementation of the Multi Modal Intelligent Traffic Signal Systems (MMITSS) project at MCDOT’s Anthem Test Bed. (C-64-17-120-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 29. NEW TRAFFIC CONTROLS ON TRIUMPH COURT Approve new traffic controls (No Stopping, Standing, Parking Any Time) on unincorporated right-of-way at the following location: 1. A NO STOPPING, STANDING, PARKING ANY TIME ZONE on Triumph Court from 360 feet west of Gavilan Peak Parkway to Gavilan Peak Parkway. (South Side Only) This agenda item is the result of a Traffic Engineering Study conducted at the request of the residents. Vehicles parked on Maricopa County right-of-way are causing obstructions to the traveling public. In the interest of public safety these signs are warranted. (Supervisory District No. 3) (C-64-17-113-M-00) Supervisor Gates thanked McDot for their quick work on this project regarding a concern that was raised by constituents recently. Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 30. NEW TRAFFIC CONTROLS ON MONTGOMERY ROAD Approve new traffic controls (Stop Signs) on unincorporated right-of-way at the following location: 1. A TWO-WAY STOP on Montgomery Road at 60th Street for eastbound and westbound traffic. This agenda item is the result of an engineering study being conducted to install Stop signs on county roadways. (Supervisory District No. 2) (C-64-17-112-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Summary Wednesday, May 10, 2017 Page 22 of 41 31. NEW TRAFFIC CONTROLS ON 128TH AVENUE Approve new traffic controls (No Stopping, Standing, Parking Any Time) on unincorporated right-of-way at the following location: 1. A NO STOPPING, STANDING, PARKING ANY TIME ZONE on 128th Avenue from Marble Drive to Keystone Drive (both sides). This agenda item is the result of a Traffic Engineering Study conducted at the request of the residents. Vehicles parked on Maricopa County right-of-way are causing obstructions to the traveling public. In the interest of public safety these signs are warranted. Supervisory District No. 4 (C-64-17-114-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 32. NEW TRAFFIC CONTROLS ON PATTON ROAD FROM 299TH AVENUE TO CROZIER ROAD Approve new traffic controls (Stop Signs) on unincorporated right-of-way at the following locations: 1. All Traffic to stop before entering or crossing a THROUGH STREET within the prescribed limits of: Patton Road from 100 Feet west 299th Avenue to Crozier Road. This traffic control change is the result of an engineering study being conducted at the request of the residents to install stop signs on the new intersections along Patton Road. (Supervisory District No. 4) (C-64-17-107-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 33. CHANGE IN TRAFFIC CONTROLS ON RAINBOW ROAD Approve a change in traffic controls (Four Way Stop) on unincorporated right-of-way at the following locations: 1. An All Way Stop (from a Two-Way north/south Stop) at Maricopa County Route 85 and Rainbow Road. 2. An All Way Stop (from a Two-Way north/south Stop) at Maricopa County Route 85 and Verrado Way. This agenda item is the result of an in-house safety study conducted by MCDOT. After evaluating current traffic volumes and accident records it was determined that warrants were met for a multi-way stop. (Supervisory District No. 4) (C-64-17-106-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 34. CHANGE IN TRAFFIC CONTROLS ON CLOUD ROAD Formal Meeting Summary Wednesday, May 10, 2017 Page 23 of 41 Approve a change in traffic controls (Speed Limits) on unincorporated right-of-way at the following locations: 1. A 45 MPH SPEED LIMIT ZONE (from a 50 MPH SPEED LIMIT ZONE) on Cloud Road from 15th Avenue to 7th Street. (This rescinds the 50 MPH speed limit zones dated June 19, 1989 and August 14, 1989). 2. A 45 MPH SPEED LIMIT ZONE (from a 50 MPH SPEED LIMIT ZONE) on Cloud Road from 16th Street to 28th Street. (This rescinds the 50 MPH speed limit zones dated November 6, 1989 and September 17, 1990). This agenda item is the result of a request from the residents to lower the speed limit on Cloud Road to match the other arterials in the New River and Desert Hills area. (Supervisory District No. 3) (C-64-17-108-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 35. CHANGE IN TRAFFIC CONTROLS ON PATTON ROAD Approve a change in traffic controls (Speed Limits) on unincorporated right-of-way at the following locations: 1. A 50 MPH SPEED LIMIT ZONE (from a 55 MPH SPEED LIMIT ZONE) on Patton Road from 299th Avenue to 1.5 miles east of 299th Avenue. 2. A 50 MPH SPEED LIMIT ZONE (from a 55 MPH SPEED LIMIT ZONE) on Patton Road from 3.0 miles east of 299th Avenue to 235th Avenue. 3. A 45 MPH SPEED LIMIT ZONE (from a 55 MPH SPEED LIMIT ZONE) on Patton Road from 235th Avenue east to 211th Avenue. (This rescinds the 55 MPH speed limit zone dated January 07, 1991). 4. A 45 MPH SPEED LIMIT ZONE (from a 35 MPH SPEED LIMIT ZONE) on Patton Road from 0.05 miles west of 203rd Avenue Bypass to 207th Avenue. (This rescinds the 35 MPH speed limit zone dated January 07, 1991). 5. A 45 MPH SPEED LIMIT ZONE (from a 35 MPH SPEED LIMIT ZONE) on Patton Road from 207th Avenue to 203rd Avenue. (This rescinds the 35 MPH speed limit zone dated March 15, 1982). These traffic control changes are the result of an Engineering Study conducted at the request of the residents to lower the posted speed limits on Patton Road. (Supervisory District No. 4) (C-64-17-109-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 36. CHANGE ORDER TO CONTRACT WITH STANLEY CONSULTANTS, INC. Approve Change Order No. 10 for $252,395.61 with Stanley Consultants, Contract 2013- 041 for additional design services for Northern Parkway (Dysart Road to 111th Avenue). Additional design services and extended design period are required due the updates made Formal Meeting Summary Wednesday, May 10, 2017 Page 24 of 41 by the Northern Parkway executive committee and incorporates design changes which address concerns regarding drainage for an adjacent property. This project will provide a capacity enhancement to the Northern Parkway on the current Northern Ave alignment between Dysart Rd and 111th Ave. The project includes constructing a new bridge over the Agua Fria River. Continue the Northern Parkway from Dysart to 111th Ave. Concept is to build east and west bound frontage roads in this phase along with the Agua Fria River bridge, providing for a new all-weather river crossing and two-lanes each direction. (Supervisory District No. 4) (C-64-17-121-5-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 37. 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-06-17-469-7-00) A. D22558 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (GL) Expansion – Warranty Deed – Assessor’s Parcel #: 101-20-423 – Sansone-Avondale, LLC for the sum of $58,715.00. B. D22558 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JRW) Expansion – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 101-20-423 – Sansone-Avondale, LLC. C. D22566 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JR) Expansion – Warranty Deed – Assessor’s Parcel #: 101-14- 002A, 002B, 008L – GR and DV Properties, LLC for the sum of $23,550.00. D. D22566-1 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JR) Expansion – Temporary Construction Easement and Agreement for Highway Purposes – Assessor’s Parcel #: 101-14-002A, 008L – GR and DV Properties, LLC for the sum of $4,834.00. E. D22566-2 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JR) Expansion – Drainage Easement – Assessor’s Parcel #: 101-14- 002A – GR and DV Properties for the sum of $15,262.00 F. D22566 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JR) Expansion – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 101-14-002A, 002B, 008L – GR and DV Properties,. G. D22585 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JRW) Expansion – Warranty Deed – Assessor’s Parcel #: 101-02-005- A – BSE, LLC for the sum of $4,898.00. H. D22585-1 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JRW) Expansion – Temporary Construction Easement and Agreement for Highway Purposes – Assessor’s Parcel #: 101-02-005-A – BSE, LLC for the sum of $6,275.00. Formal Meeting Summary Wednesday, May 10, 2017 Page 25 of 41 I. D22585 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (JRW) Expansion – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 101-02-005-A – BSE, LLC. J. D22588 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (PM) Expansion – Special Warranty Deed – Assessor’s Parcel #: 101- 05-013B – Circle K Stores Inc. for the sum of $8,844.00. K. D22588-2 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (PM) Expansion – Drainage Easement – Assessor’s Parcel #: 101-05- 013B – Circle K Stores Inc. for the sum of $349,399.00. L. D22588 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane D22588-2 Expansion – Purchase Agreement and Escrow Instructions – (PM) Assessor’s Parcel #: 101-05-013B – Circle K Stores Inc. M. D22589-2 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (PM) Expansion – Drainage Easement – Assessor’s Parcel #: 101-05- 013A, 013C – Buckeye Road and 99th Avenue Holdings LLC for the sum of $196,332.00. N. D22589-2 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (PM) Expansion – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 101-05-013A, 013C – Buckeye Road and 99th Avenue Holdings LLC. O. D22664 Project #: TT345 – MC85 at 83rd Avenue & Center Turn Lane (SS) Expansion – Special Warranty Deed – Assessor’s Parcel #: 101- 11-989 – 8300 Buckeye, LLC for the sum of $1,096,696.00. P. D22664 Project #: TT345 – MC85 at 83rd Avenue & Center Turn Lane (SS) Expansion – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 101-11-989 – 8300 Buckeye, LLC. Q. D22671 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (KGR) Expansion – Special Warranty Deed – Assessor’s Parcel #: 101- 05-001S – Holsum Bakery, Inc. for the sum of $4,820.00. R. D22671-1 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (KGR) Expansion – Temporary Construction Easement and Agreement for Highway Purposes – Assessor’s Parcel #: 101-05-001S “Easement Area” – Holsum Bakery, Inc. for the sum of $1,365.00. S. D22671-1 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (KGR) Expansion – Temporary Construction Easement and Agreement for Highway Purposes – Assessor’s Parcel #: 101-05-001S “Work Area” – Holsum Bakery, Inc. for the sum of $5,793.00. T. D22671 Project #: TT0511 – MC85 at 83rd Avenue & Center Turn Lane (KGR) Expansion – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 101-05-001S – Holsum Bakery, Inc. U. D22709 Project #: TT0345 – MC85 at 83rd Avenue & Center Turn Lane Formal Meeting Summary Wednesday, May 10, 2017 Page 26 of 41 (SS) Expansion – Special Warranty Deed – Assessor’s Parcel #: 101- 11-977 – 8300 Buckeye, LLC for the sum of $3,123.00. V. D22709-1 Project #: TT0345 – MC85 at 83rd Avenue & Center Turn Lane (SS) Expansion – Temporary Construction Easement and Agreement for Highway Purposes – Assessor’s Parcel #: 101-11-977 – 8300 Buckeye, LLC for the sum of $1,390.00. W. D22709 Project #: TT0345 – MC85 at 83rd Avenue & Center Turn Lane (SS) Expansion – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 101-11-977 – 8300 Buckeye, LLC. X. D23252-1 Project #: TT0406 – Riggs Road (Power Road to Hawes Road) – (RES) Temporary Construction Easement and Agreement for Highway Purposes – Assessor’s Parcel #: 304-90-398P – Queen Creek Unified School District for the sum of $824.00. Y. D23346-1 Project #: TT0497 – Olive Avenue (Citrus Road to Cotton Lane) (JRW) – Temporary Construction Easement and Agreement for Highway Purposes – Assessor’s Parcel #: 502-10-976A & 502- 10-977A – Edward & Sherri Rees for the sum of $9,377.71. Administrative correction to agenda regarding Warranty Deed and Purchase Agreement and Escrow Instructions – Items “F” and “G” on the April 26, 2017 Formal Agenda C-06-17-449-7-00: Project #: TT0410 – 29th Avenue (Irvine Road to Desert Hills) – Warranty Deed and Purchase Agreement and Escrow Instructions for Maureen Katherine Mcllroy to correct Assessor’s Parcel # to 203-34-030L. Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 38. MAIL BALLOT ELECTION FOR FOUNTAIN HILLS SANITARY DISTRICT Approve a mail ballot election for the Fountain Hills Sanitary District to be conducted in compliance with Section 558, et seq. of Title 16 of the Arizona Revised Statutes. (Supervisorial District 2) (C-06-17-452-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo 39. APPOINTMENT TO INDUSTRIAL DEVELOPMENT AUTHORITY BOARD OF DIRECTORS Approve the appointment of Jim Rounds, representing District 1, to the Industrial Development Authority Board of Directors. The term is from the date of Board approval through December 17, 2017. (C-06-17-454-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates Formal Meeting Summary Wednesday, May 10, 2017 Page 27 of 41 Ayes: Barney, Chucri, Gates, Hickman, Gallardo 40. RESIGNATION OF JUSTICE OF THE PEACE JIMMIE HERNANDEZ Accept the resignation of Jimmie Hernandez, Justice of the Peace for the Downtown Justice Court, effective May 12, 2017, pursuant to his letter of resignation dated May 1, 2017. Also, direct the Clerk of the Board to accept resumes and cover letters from those interested in filling this vacancy. Details regarding submission of resumes and letters will be posted on the Clerk of the Board’s website and distributed by the Communications Office. (C-06-17-466-7-00) Supervisor Gallardo thanked Jimmie Hernandez for his years of service and wished him well on his retirement. Motion to approve by Supervisor Gallardo, seconded by Supervisor Gates 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~ Transportation – Transportación 41. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0039 Set a hearing for July 26, 2017 for Road File No. PAB-0039 to consider the request to abandon a portion of a Federal Patent Easement Number 1156135 lying in the Northwest quarter of Section 6 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of West Yearling Road and North 17th Avenue Assessor Parcel 210-11-019B. Notice conditions and the request for comment requirements have been met. Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the hearing by certified mail shall be sent to the applicant and all abutting property owners no less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be the first board meeting no less than 60 days from the date the Board sets the hearing. In addition, a notice shall be posted in the area of the proposed abandonment no less than 60 days prior to the hearing date. Supervisory District No. 3 (C-64-17-119-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Summary Wednesday, May 10, 2017 Page 28 of 41 42. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0050 Set a hearing for July 26, 2017 for Road File No. PAB-0050 to consider the request to abandon a portion of a Federal Patent Easement Number 1197957 lying in the Southeast quarter of Section 8 – T4N, R1E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of West Avenida Del Sol and North Lake Pleasant Parkway, known as Assessor Parcel 201-08-048A. Notice conditions and the request for comment requirements have been met. Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the hearing by certified mail shall be sent to the applicant and all abutting property owners no less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be the first board meeting no less than 60 days from the date the Board sets the hearing. In addition, a notice shall be posted in the area of the proposed abandonment no less than 60 days prior to the hearing date. Supervisory District No. 4 (C-64-17-116-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 43. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0053 Set a hearing for July 26, 2017 for Road File No. PAB-0053 to consider the request to abandon a portion of a Federal Patent Easement Number #1209182 lying in the Southwest quarter of Section 35 – T6N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. General vicinity of East Lazy Lizard Lane and North 28th Street and known as Assessor Parcel 211-67-030D. Notice conditions and the request for comment requirements have been met. Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and Maricopa County Department of Transportation Procedure #P5203, a NOTICE of the hearing by certified mail shall be sent to the applicant and all abutting property owners no less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be the first board meeting no less than 60 days from the date the Board sets the hearing. In addition, a notice shall be posted in the area of the proposed abandonment no less than 60 days prior to the hearing date. Supervisory District No. 2 (C-64-17-117-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 44. DONATIONS In accordance with County Policy A2805, accept the donation report received from Human Services Department for March 2017, for a Cash Value of $353 from Carter's babies and kids located in Gilbert, AZ. (C-06-17-450-7-00) Formal Meeting Summary Wednesday, May 10, 2017 Page 29 of 41 Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 45. DUPLICATE WARRANTS Pursuant to A.R.S §11-632, approve and ratify the issuance of duplicate warrants to replace county warrants and school warrants which were either lost or stolen. Necessary affidavits have been filed with the Board. (C-06-17-451-7-00) Name Warrant No Amount Helen Wong 22420593 140.00 Jade Granillo 216706490 30.00 Dominos Pizza 470066797 909.06 Isabella Torrez 160079338 28.18 Cesar B. Othon 470084572 120.00 Gary Butch 22406372 635.54 Lifetouch National School 470065175 2,714.80 Heather Heilesen 160082844 40.25 Ramon Garavito Jr 470045038 90.00 Ben George 470066267 66.09 Ben George 470060059 160.88 Claudette Rael 160086347 145.67 Concetta N Murphy 22438818 140.00 CHC INC 370005225 5,424.00 Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 46. 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-06-17-465-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 47. SECURED/UNSECURED TAX ROLL CORRECTIONS Formal Meeting Summary Wednesday, May 10, 2017 Page 30 of 41 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-06-17-438-7-00) Phase Tax Year Tax Difference Number 2014 0269 -4,803.54 2013 0336 -350.60 2016 0088 4,500.08 2015 0196 -4,270.58 2012 0346 -686.92 2013 0337 -167,692.76 2014 0270 -27,976.34 2015 0197 -121,351.38 2016 0089 -474,598.82 2014 0271 4,655.88 2015 0198 15,039.82 2016 0090 -31,523.44 2015 0199 -23,413.40 2014 0272 -23,966.18 2016 0092 -45,595.04 2015 0200 -6,113.64 2014 0273 -661.08 2015 0189 -9,889.66 2014 0264 -7,404.62 2016 0093 -25,799.12 2015 0202 -13,364.82 2016 0091 22,453.36 2014 0274 48,156.34 2015 0201 40,331.40 Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 48. SETTLEMENT/RESOLUTION OF PROPERTY TAX CASES AND CLAIMS Formal Meeting Summary Wednesday, May 10, 2017 Page 31 of 41 Pursuant to A.R.S. §§42-16201 through 16258, approve the settlement/resolution of tax cases and claims as listed. (C-06-17-462-7-00) 2004/2005/2006/2007/2008/2009/2010/2011/2012/2013/2014/2015: TX2008-000519(2004/2005/2006/2007); TX2009-000041(2008); TX2012-000051(2009/2010); TX2011-001015(2011/2012); TX2015-000017(2013); TX2015-000001(2014); TX2015-000115(2015) 2015: TX2015-000345; TX2016-000875; 2017: ST2017-000122; TX2016-001268; TX2016-001304; Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 49. STALE DATED WARRANTS Pursuant to A.R.S. §11-644 the Board of Supervisors finds that claims presented, are legitimate and that claimants have demonstrated good and sufficient reason for failure to present the original check or warrant within the allotted time. Accordingly, the claims are allowed. (C-06-17-453-7-00) Name Warrant No Amount Peridot Collections 837897 529.96 Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo 50. 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- 17-042-M-00) 200-66-011 2009 $41,888.38 980-25-472 2008 $406.01 982-77-578 2007 $1,263.65 Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES Assessor's Office Formal Meeting Summary Wednesday, May 10, 2017 Page 32 of 41 A-1. MARICOPA COUNTY V. DORADO CAPITAL INVESTMENTS, LLC, TX2016-000045 Authorize dismissal of County's appeal from an adverse decision of the State Board of Equalization on classification in the matter of Maricopa County v. Dorado Capital Investments, LLC, TX2016-000045. This matter was heard in executive session on May 8, 2017. (C-12-17-006-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo A-2. MARICOPA COUNTY V. DQCANTADA RANCH, LLC, TX2017-000169 (SMALL CLAIMS CASE NO. ST2017-000214) Authorize the County's appeal to the Tax court from an adverse decision of the State Board of Equalization in the matter of Maricopa County v. DQCantada Ranch, LLC, TX2017- 000169 (Small Claims Case No. ST2017-000124) This matter was heard in executive session on May 8, 2017. (C-12-17-005-M-00) Motion to approve by Supervisor Gates, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Board of Supervisors A-3. CORRECTION TO THE TAX ROLL FOR BRUCE AND KIMBERLY TRESSLER Pursuant to A.R.S. § 42-16254(C), approve the taxpayer’s request to correct the 2016 tax roll on the residential property, APN #217-08-377, owned by Bruce and Kimberly Tresslar. The Board hereby directs the Treasurer to correct the tax roll as follows: The 2016 Full Cash Value shall be changed to $905,900. The 2016 Limited Property Value set at $650,000. After correcting the tax roll the Treasurer shall recalculate the taxes owed and send an amended tax bill, or any taxes that have been overpaid shall be refunded pursuant to A.R.S. § 42-16259. (C-06-17-471-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo A-4. RICHARD FINLEY ET AL., V. MARICOPA COUNTY AND FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, ET AL., CV2015-005614 Authorize counsel for Maricopa County in Richard Finley et al., v. Maricopa County and Flood Control District of Maricopa County, et al., CV2015-005614, to decline Plaintiffs’ Offer of Judgment to Defendant Maricopa County dated April 25, 2017; further, authorize counsel for Maricopa County to serve one or more Offers of Judgment on Plaintiffs in Richard Finley et al., v. Maricopa County and Flood Control District of Maricopa County, et Formal Meeting Summary Wednesday, May 10, 2017 Page 33 of 41 al., CV2015-005614 in a total amount not to exceed $2,061,650.00, each such Offer of Judgment to be apportioned among some or all of the individual Plaintiffs, in the discretion of counsel, based upon the information available at that time. This item was heard in Executive Session on May 8, 2017. (C-64-17-123-S-00) Dianne Barker, resident, registered to speak on items A-4 and A-6. She also stated her approval of items A-7 and A-4. She is interested in drainage and noted taxpayers spend a lot of money on storm water runoff. She recognized Arizona State University for working with bioswales to reclaim the storm water runoff for harvesting and vegetation. Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo A-5. CONFLICT OF INTEREST WAIVER FOR LEWIS, ROCA ROTHGERBER AND CHRISTIE Approve a request for a waiver of conflict of interest by the Lewis, Roca, Rothgerber and Christie law firm for the sole purpose of allowing the firm to represent USBC Real Estate LLC successor in interest to a Parking Agreement with the County and an estoppel regarding the Parking Agreement in support of USBC’s refinancing of the Parking Garages which are subject to the Parking Agreement. This item was discussed in executive session on May 8, 2017. (C-06-17-470-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo A-6. REAPPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Approve the reappointment of Marshall Hunt to the Community Development Advisory Committee, representing Supervisorial District 2. The term of reappointment will be from July 1, 2017 through June 30, 2018. (C-06-17-473-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo A-7. APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Approve the appointment of Martin Quezada to the Community Development Advisory Committee, representing District 5. The term of the appointment will be effective from date of Board appointment to June 30, 2017. (C-06-17-474-7-00) Supervisor Gallardo thanked Senator Quezada for his presence and willingness to serve. He is a practicing attorney and serves on several boards in the community. Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING RECESSED Chairman Barney recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Formal Meeting Summary Wednesday, May 10, 2017 Page 34 of 41 Chairman Barney reconvened the Board of Supervisors. CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 51. 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 discrepancies with the two minute speaking time and requested that the Board of Supervisors act on changes to a County Ordinance. Dianne Barker, resident, spoke about open meeting law and the two minute speaking time given to speakers. 52. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Gallardo spoke about the DiamondBacks Jam event which gives nearly 1600 children the opportunity to see a baseball game for free. He thanked the Phoenix Police Department, Phoenix Suns, County staff and DiamondBacks for their continued support of the event. Supervisor Hickman spoke regarding a recent Farm City Breakfast he attended and thanked the Board for their attendance at Farm Bureau Meetings. Supervisor Gates thanked Sheriff Paul Penzone for his attendance as a recent County Coffee event held at North Mountain Brewing Company. Formal Meeting Summary Wednesday, May 10, 2017 Page 35 of 41 Supervisor Chucri noted an upcoming Farm Bureau Meeting. Chairman Barney spoke on the success of meetings held in Washington D.C. with Federal Agencies and noted it gave those in attendance an opportunity to hear the needs of Maricopa County. 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 Summary Wednesday, May 10, 2017 Page 36 of 41 FLOOD CONTROL DISTRICT AGENDA AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES The Board of Directors of the Flood Control District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, May 10, 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; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. F-1. QUIT CLAIM DEED FOR DOWNTOWN CHANDLER DRAINAGE SYSTEM Approve and execute an original Quit Claim Deed from The Flood Control District to Natividad L. Martinez. The parcel is located: 1. 386 W. Fairview Street. Chandler, AZ 85225 2. Assessor Parcel Number 303-19-124N In 2000 the Flood Control District recorded resolution FCD199R018 covering the Downtown Chandler Drainage System. The resolution authorizes and directs the Chief Engineer and General Manager of the Flood Control District to negotiate Intergovernmental Agreements with the City of Chandler and other parties for the Downtown Chandler Drainage System. (Supervisorial District No. 1) (C-69-17-026-8-00) Motion to approve by Director Chucri, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-2. IGA WITH THE CITY OF PHOENIX FOR THE 52ND STREET AND TURQUOISE AVENUE PROJECT Approve Intergovernmental Agreement (IGA) FCD 2017A007 for the 52nd Street and Turquoise Avenue Project between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $390,000. The District’s estimated share of the Project cost is $250,000 and is limited to $250,000; the City’s estimated share of the Project cost is $140,000. The City 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 that date, or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2017/18. The Project was recommended, scoring 4th among 15 submittals by various municipalities. 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 the flood hazard to Maricopa County Assessor’s Parcel Numbers (APN) 168-05-042, 168-05-113, and 168-05-041 that have experienced historic flooding. (Supervisorial District 3) (C-69-17-031-3-00) Motion to approve by Director Chucri, seconded by Director Gates Formal Meeting Summary Wednesday, May 10, 2017 Page 37 of 41 Director Gates noted there are several items that are examples of projects within District 3 that are a representation of a good impact on people’s lives. Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-3. IGA WITH THE CITY OF PHOENIX FOR THE GROVERS AVENUE AT 53RD PLACE AND 55TH PLACE PROJECT Approve Intergovernmental Agreement (IGA) FCD 2017A008 for the Grovers Avenue at 53rd Place and 55th Place Project between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $360,000. The District’s estimated share of the Project cost is $250,000 and is limited to $250,000; the City’s estimated share of the Project cost is $110,000. The City 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 that date, or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2017/18. The Project was recommended, scoring 3rd among 15 submittals by various municipalities. 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 the flood hazard to several properties that have experienced historic flooding. (Supervisorial District 3) (C-69-17-032-3-00) Motion to approve by Director Chucri, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-4. IGA WITH CITY OF PHOENIX FOR THE ALMERIA AREA DRAINAGE IMPROVEMENT PROJECT Approve Intergovernmental Agreement (IGA) FCD 2017A009 for the Almeria Area Drainage Improvement Project between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $466,000. The District’s estimated share of the Project cost is $250,000 and is limited to $250,000; the City’s estimated share of the Project cost is $216,000. The City 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 that date, or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2017/18. The Project was recommended, scoring 1st among 15 submittals by various municipalities. 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 the flood hazard to several properties that have experienced historic flooding. (Supervisorial District 3) (C-69-17-030-3-00) Motion to approve by Director Chucri, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Summary Wednesday, May 10, 2017 Page 38 of 41 F-5. IGA WITH CITY OF PHOENIX FOR THE 47TH AVENUE AND WALTANN LANE PROJECT Approve Intergovernmental Agreement (IGA) FCD 2017A010 for the 47th Avenue and Waltann Lane Project between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $750,000. The District’s estimated share of the Project cost is $250,000 and is limited to $250,000; the City’s estimated share of the Project cost is $500,000. The City 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 that date, or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2017/18. The Project was recommended, scoring 6th among 15 submittals by various municipalities. 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 the flood hazard to several properties that have experienced historic flooding. (Supervisorial District 4) (C-69-17-029-3-00) Motion to approve by Director Chucri, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-6. IGA WITH CITY OF PHOENIX FOR THE 1346 E FLOWER STREET PROJECT Approve Intergovernmental Agreement (IGA) FCD 2017A011 for the 1346 E Flower Street Project between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $903,000. The District’s estimated share of the Project cost is $250,000 and is limited to $250,000; the City’s estimated share of the Project cost is $653,000. The City 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 that date, or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2017/18. The Project was recommended, scoring 5th among 15 submittals by various municipalities. 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 the flood hazard to several properties that have experienced historic flooding. (Supervisorial District 3) (C-69-17-028-3-00) Motion to approve by Director Chucri, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-7. CONSTRUCTION MANAGER AT RISK FOR CAVE BUTTES DAM MODIFICATION PROJECT – AUXILIARY OUTLET TUNNEL PRE-CONSTRUCTION Authorize the Flood Control District of Maricopa County (District) to issue a Request for Qualifications for a qualified construction manager/general contractor to provide Construction Manager at Risk (CMAR) services under Contract (2017C008) for the Cave Formal Meeting Summary Wednesday, May 10, 2017 Page 39 of 41 Buttes Dam Modification Project – Auxiliary Outlet Tunnel Pre-Construction (Project) and award a Pre-Construction services contract to the successful respondent not to exceed $400,000. Authorize the Flood Control District Board of Directors Flood Control District to award the pre-construction services contract FCD 2017C008 to the selected respondent and pending negotiation of a mutually acceptable Guaranteed Maximum Price, to award one or more construction services contracts to the selected respondent. The estimate total cost of the contracts is $8,000,000. This is a qualification-based selection in accordance with Maricopa County Procurement Code, Article 5, Paragraph 504(F) and Article IV of the Maricopa County Procedures Manual. The Flood Control District of Maricopa County has initiated design work for modifications to Cave Buttes Dam under a consultant contract with URS. While this dam has no Arizona Department of Water Resources (ADWR) dam safety deficiencies, the District intends to implement dam safety improvements to the existing Cave Buttes Dam. The dam safety improvements consist of a new auxiliary outlet tunnel and pipeline under Dike No. 1, gated inlet structure, outlet structure, and associated inlet/outlet channelization, which will decrease the time for the ponded storm water behind the dam to drain. This is a complex project and, as such, the District will select the Construction Contract based on qualifications to provide valuable input to the design effort (pre-construction services) under the Construction Management At Risk contracting method. The future construction cost is currently estimated to be eight million dollars. (Supervisorial District 3) (C-69-17-033-5-00) Fran McCarroll, Clerk of the Board of Supervisors, noted a change in wording from Flood Control District to Flood Control District Board of Directors (change noted in the strike out and new wording underlined). Motion to approve as amended by Director Chucri, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-8. 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. Formal Meeting Summary Wednesday, May 10, 2017 Page 40 of 41 A. McMicken Outfall Channel – (Per Resolution # FCD 1999R016) – HL FCD Parcel #: Portion of TW-52F – FCD Permit #: 2011P046 – ADOT Project: 303L MA 020 H6896 – ADOT Parcel #: 7-11746 – Permanent Roadway Easement from Flood Control District of Maricopa County to the State of Arizona Department of Transportation for the sum of $10.00. (C-06-17-468-7-00) Motion to approve by Director Chucri, seconded by Director Gates Ayes: Barney, Chucri, Gates, Hickman, Gallardo FLOOD CONTROL DISTRICT ADDENDUM ADÉNDUM DE DISTRITO DE CONTROL DE INUNDACIONES FA-1. RICHARD FINLEY ET AL., V. MARICOPA COUNTY AND FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, ET AL., CV2015-005614 Authorize counsel for the Flood Control District in Richard Finley et al., v. Maricopa County and Flood Control District of Maricopa County, et al., CV2015-005614, to decline the Offer of Judgment to Defendant Flood Control District of Maricopa County dated April 25, 2017. This item was heard in Executive Session on May 8, 2017. (C-69-17-035-S-00) Motion to approve by Director Chucri, 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 Formal Meeting Summary Wednesday, May 10, 2017 Page 41 of 41 LIBRARY DISTRICT AGENDA AGENDA DEL DISTRITO DE BIBLIOTECA The Board of Directors of the Library District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, May 10, 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; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. L-1. DONATIONS In accordance with County Policy A2805, accept the monthly donation reports received from Library District for February 2017, for a Non-Cash Value of $8,608.75 and Cash Value of $173.00 and for March 2017, for a Non-Cash Value of $9,875.27 and Cash Value of $208.75. (C-06-17-440-7-00) Motion to approve by Director Hickman, 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