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Board Members Clint Hickman, Chairman, District 4 Andrew Kunasek, Vice Chairman, District 3 Denny Barney, District 1 Steve Chucri, District 2 Steve Gallardo, District 5 County Manager Joy Rich "The mission of Maricopa County is to Clerk of the Board Fran McCarroll provide regional leadership and fiscally responsible, necessary public services to Meeting Location its residents so they can enjoy living in Supervisors' Auditorium healthy and safe communities” 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts Housing Authority of Maricopa County and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District 59 Flood Control District 60 Library District 63 Stadium District 64 Board of Deposit No Meeting Wednesday, September 07, 2016 9:30 AM Formal Meeting Minutes Wednesday, September 07, 2016 Page 2 of 62 1. INVOCATION - INVOCACIÓN Deb Schaffer, Deputy Clerk of the Board, offered the invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Juanita Garza, Office of the Clerk of the Board led the assemblage in the Pledge of Allegiance to the flag. 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, September 07, 2016, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Andrew Kunasek, Vice Chairman, District 3; Denny Barney, District 1; Steve Chucri, District 2; Steve Gallardo, District 5 (entered late). Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES 4. PET SHOWCASE AND SNAPSHOT TOPIC 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 Spencer, a two year old Chihuahua mix. He is available for adoption from the Petite Pet Project located at the West Shelter, 2500 S. 27th Ave., Phoenix, Arizona 85009. For more information please contact 602-506-7387 or visit www.pets.maricopa.gov. Planning and Development - Planificación y Desarrollo 5. ZANJERO TRAILS (WINDROSE) - PHASE 1 DEVELOPMENT AGREEMENT Approve a Resolution authorizing execution of the Zanjero Trails (Windrose) Phase 1 Development Agreement among First American Title Insurance Company (Trustee), Maricopa County Municipal Water Conservation District (Beneficiary) and Maricopa County. This Development Agreement encompasses approximately 300 acres and would supplement the phased construction of the first phase of the Zanjero Trails Development Master Plan for Development Parcels 35B, 37, 40 and 43 related to on-site and off-site subdivision improvements. Phase 1 is bounded by Perryville Rd. to the east, Camelback Rd. to the south, Beardsley Canal along the west and Bethany Home Rd. alignment to the north. This agreement must be authorized by Resolution of the Board of Supervisors prior to approval of the Infrastructure Plat associated with the DMP. This agreement is to be recorded as required pursuant to A.R.S. §11-1101. (Supervisor District 4) (C-44-17-023-M- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney Absent: Gallardo 6. ZANJERO TRAILS (WINDROSE) - PHASE 1 THIRD PARTY TRUST ASSURANCE Formal Meeting Minutes Wednesday, September 07, 2016 Page 3 of 62 AGREEMENT Approve a Resolution authorizing execution of the Zanjero Trails (Windrose) Phase 1 Third Party Trust Assurance Agreement (the “Assurance Agreement”) among First American Title Insurance Company (Trustee), Maricopa County Municipal Water Conservation District (Beneficiary) and Maricopa County. This Assurance Agreement encompasses approximately 300 acres and would supplement the phased construction of the first phase of the Zanjero Trails Development Master Plan for Development Parcels 35B, 37, 40 and 43 related to off-site subdivision improvements. Phase 1 is bounded by Perryville Rd. to the east, Camelback Rd. to the south, Beardsley Canal along the west and Bethany Home Rd. alignment to the north. This Assurance Agreement must be authorized by Resolution of the Board of Supervisors prior to approval of the Infrastructure Plat associated with the DMP. This agreement is to be recorded as required pursuant to A.R.S. §11-1101. (Supervisor District 4) (C-44-17-024-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney Absent: Gallardo 7. ZANJERO TRAILS (WINDROSE) –PHASE 1 INTERIM DRAINAGE AND PUBLIC ACCESS EASEMENTS AND AGREEMENTS Approve and accept the first phase of the Zanjero Trails Interim Drainage and Public Access Easements and Agreements for Development Parcels 35A, 37B, 39, 41, 42, 44 and 45. In accordance with the provisions of the Zanjero Trails Development Agreement, approved by the Board on September 7, 2016, the developer is obligated to grant certain forms of temporary easements for (1) rights of access and (2) creation/maintenance of interim drainage facilities, to be used while the subdivision is under development. Maricopa County is a party to each of those easements, either as the grantee or in another role. Each of the easements is designed to be temporary and to remain in place only for so long as the development process warrants. At the end of that process each such easement it will be extinguished by the Developer once the Planning & Development Department has determined that such action is warranted. The Planning and Development Director will execute the extinguishment document on behalf of Maricopa County. (C-44-17-025-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney Absent: Gallardo PLANNING AND ZONING AGENDA AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN Formal Meeting Minutes Wednesday, September 07, 2016 Page 4 of 62 ***The Board of Supervisors will now consider matters related to Planning and Zoning.*** CONSENT AGENDA - AGENDA DE CONSIENTA PZ-1. WHITE TANK COOLING Case #: MCP2016001 Supervisor District: 4 Applicant/Owner: Withey Morris / White Tank Cooling, LLC Request: Military Compatibility Permit (MCP) with precise Plan of Development for temporary storage, packing and distribution of fresh produce and dry goods in the Rural-43 Military Airport and Ancillary Military Facility Overlay Zoning District – White Tank Cooling Site Location: Generally located at the northwest corner of Sarival Ave. and Ocotillo Rd. alignment in the Glendale area Commission Recommendation: On 8/4/16, the Commission voted 6-0 to recommend approval of MCP2016001 subject to conditions ‘a’ – ‘i’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “White Tank Cooling, LLC“, consisting of 3 full-size sheets, dated June 15, 2016, and stamped received June 29, 2016, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled, “White Tank Cooling”, consisting of 8 pages, dated revised June 28, 2016, and stamped received June 29, 2016, except as modified by the following conditions. c. The following Military Compatibility Permit standards shall apply: 1. Parking: 11 - standard 9’ x 18’ spaces, 1 ADA space, 12 truck parking spaces. 2. Wall signage shall be limited to a maximum of 15% of front face plane. 3. Monument signage shall be 8’ (h), sign face dimensions of 4’ x 8’ with 32 sq. ft. per face, double faced and illuminated with signs to be a minimum of 200’ apart. 4. Front yard setback: 20’ along Sarival Ave. d. The following Planning Engineering conditions shall apply: 1. At the time of building permit application, drywells must be provided for stormwater disposal. Refer to Standards 6.10.12 and 6.10.13 of the Maricopa County Drainage Policies and Standards. 2. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. e. The 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. Formal Meeting Minutes Wednesday, September 07, 2016 Page 5 of 62 f. All habitable buildings shall be subject to noise attenuation as per ARS § 28-8482(B). g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Military Compatibility Permit as set forth in the Maricopa County Zoning Ordinance. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, 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 Military Compatibility Permit. The Military Compatibility Permit enhances the value of the property above its value as of the date the Military Compatibility Permit is granted and reverting to the prior zoning results in the same value of the property as if the Military Compatibility Permit had never been granted. (C-44-17-011-M-00) Motion to concur with the recommendation of the Planning Commission by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney Absent: Gallardo PZ-2. ARIZONA AUTO SHIPPERS Case #: MCP2016003 Supervisor District: 4 Applicant/Owner: Desert Development Engineering, LLC / Arizona Auto Shippers Request: Military Compatibility Permit with a precise Plan of Development for proposed truck service and storage of semi-trucks and trailer parking, trailer/modular office, and shade canopy in the Rural-43 Military Airport and Ancillary Military Facility Overlay Zoning District and AD-2 Military Airport and Ancillary Military Facility Overlay Zoning District Site Location: Generally located at the northeast corner of Butler Dr. and 143rd Ave. in the Glendale area. Commission Recommendation: On 8/4/16, the Commission voted 6-0 to recommend approval of MCP2016003 subject to conditions ‘a’ – ‘i’: Provided the following conditions are met: a. Development of the site shall comply with the site plan entitled, “Arizona Auto Shippers MCP2016003”, consisting of four (4) full-size sheets, dated revised July 5, and stamped received July 6, 2016, except as modified by the following conditions. b. Development and use of the site shall comply with the narrative report entitled, “Arizona Formal Meeting Minutes Wednesday, September 07, 2016 Page 6 of 62 Auto Shippers Narrative Report”, consisting of seven (7) pages, dated revised July 5, 2016, and stamped received July 6, 2016, except as modified by the following conditions. c. The following Rural-43 & AD-2 Military Compatibility Permit standards shall apply: 1. Standard Parking Spaces: 0 2. ADA Parking Spaces: 0 3. Driveway/parking surface of compacted gravel d. The following Planning Engineering (Drainage, Flood Control, and Transportation) conditions shall apply: 1. Building permits shall be required for the required site grading. The permit application must include the existing fencing erected without a permit. 2. The site is almost wholly contained within a Special Flood Hazard Area (SFHA) (Floodplain – FEMA Zone A). As development plans progress for this site, provisions for compliance with the Maricopa County Floodplain Use Regulations must be addressed. Any habitable structures on the site must comply with the Floodplain Use Regulations for Maricopa County with respect to lower floor elevation (or in the case of a manufactured type building, the elevation of the lowest structural member). e. The following Maricopa County Department of Environmental Services Department (MCESD) condition shall apply: 1. Water and wastewater services shall be provided upon installation of the modular office trailer with appropriate permits to be obtained. f. All habitable buildings shall be subject to noise attenuation per ARS § 28-8482(B). g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Military Compatibility Permit as set forth in the Maricopa County Zoning Ordinance. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, 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 Military Compatibility Permit. The Military Compatibility Permit enhances the value of the property above its value as of the date the Military Compatibility Permit is granted and reverting to the prior zoning results in the same value of the property as if the Military Compatibility Permit had never been granted. (C-44-17-012-M-00) Motion to concur with the recommendation of the Planning Commission by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney Formal Meeting Minutes Wednesday, September 07, 2016 Page 7 of 62 Absent: Gallardo PZ-3. MESQUITE SOLAR NORTH Case #: CPA2016002 Supervisor District: 4 Applicant & Owner: SEP II, LLC Request: Comprehensive Plan Amendment (CPA) to the Old U.S. Highway 80 Area Plan to change the land use designation from Open Space to Utility. CPA approval is by Resolution. Site Location: Generally located at the northwest corner of Elliot Road and 399th Avenue. Commission Recommendation: On 8/4/16, the Commission voted 6-0 to recommend approval of CPA2016002 subject to conditions ‘a’ – ‘c’: Provided the following conditions are met: a. Development of the site shall be in conformance with the Narrative Report entitled “Mesquite Solar North Energy Project”, consisting of15 pages including the land use exhibit, dated stamped received June 9, 2016, except as modified by the following conditions. b. If the Board reverts the zoning back to Rural-190, this land use plan shall be considered for amendment to change the land use designation back to Open Space. c. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property owner to enjoy uses in excess of those permitted by the land use existing on the date of application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of application. It is, therefore, stipulated and agreed that such change due to the failure to comply with any conditions does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such change. (C-44-17-013-M-00) Motion to concur with the recommendation of the Planning Commission by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney Absent: Gallardo PZ-4. MESQUITE SOLAR NORTH Case #: Z2016017 Supervisor District: 4 Applicant & Owner: SEP II, LLC Formal Meeting Minutes Wednesday, September 07, 2016 Page 8 of 62 Request: Zone Change from Rural-190 to IND-2 Industrial Unit Plan of Development (IUPD) to allow for a solar energy facility – Mesquite Solar North Site Location: Generally located at the northwest corner of Elliot Road and 399th Avenue. Commission Recommendation: On 8/4/16, the Commission voted 6-0 to recommend approval of Z2016017 subject to conditions ‘a’ – ‘k’: Provided the following conditions are met: a. Development of the site shall be in conformance with the Site Plan entitled, “Mesquite Solar North”, consisting of 9 full-size sheets, stamped received June 10 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Mesquite Solar North Project Narrative Report”, consisting of 50 pages stamped received June 10, 2016, except as modified by the following conditions. c. There shall be a minimum 6’ (h) chain link fence around the site where slats/fabric would be provided along existing development along the private property parcels to the west. If further development of the surrounding parcels is to occur in the future, slats/fabric will need to be provided along the perimeters of these parcels. d. The applicant/property owner shall submit a ‘will serve’ letter from The Buckeye Valley Fire District 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. The following IND-2 IUPD standards shall apply: 1. Front Yard Setback – 0’ 2. Side Yard Setback – 0’ 3. Rear Yard Setback – 0’ 4. Setbacks for Major Streets, Section Line Roads, and Highways – 25’ for 395th Ave., 0’ for 403rd Ave., 25’ for Dobbins Rd. No service roads required for Elliot Rd. 5. Setbacks for Mid-Section Line Roads – 0’ for 399th Ave. No new interior roads along Mid-Section lines required within subject parcel 6. Setbacks for Local Streets – 0’ for Piedmont Rd. 7. Lot Coverage – 60% (not to include solar panels) 8. Industrial Uses within an enclosed building – waive requirement 9. Screening – Minimum 6’ (h) chain link fence (with 1’ height barb wire) 10. Parking – 0 spaces provided 11. Loading/un-loading – 0 spaces provided 12. Site Visibility Triangles – waive corner lot and screening restrictions within these SVT requirements (403rd & Dobbins, 403rd & Elliot, 395th & Piedmont, and 399th & Piedmont) f. The following MCDOT conditions shall apply: 1. Major construction deliveries shall be avoided during shift changes at the Palo Verde Nuclear Plant. 2. Reservation of right-of-way along the following roadway alignments shall be maintained: Dobbins Road: 25 feet (south side); 395th Avenue: 25 feet (west side) Formal Meeting Minutes Wednesday, September 07, 2016 Page 9 of 62 3. “Emergency Access Only” signage shall be provided on the gate at the western site access along Elliot Road will require a permit from MCDOT. 4. Any work within the right-of-way of Elliot Road will require a permit from MCDOT. g. The following Drainage conditions shall apply: 1. The Drainage Waiver submitted under application DRB2016001 must be approved. 2. All retention basins must drain within 36 hours. 3. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. h. The following Flood Control District conditions shall apply: 1. A Floodplain Use Permit will be required concurrent with the required building permit(s) for the site. 2. Pads for inverters and energy storage devices within the Zone A Floodplain must be elevated to the regulatory flood elevation. 3. Slats in perimeter chain link fencing within the Zone A Floodplain shall be elevated to the base flood elevation. 4. All development and engineering design shall be in conformance with the most current version of the Floodplain Use Regulations for Maricopa County. i. 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. j. The property owner/s and their successor waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. 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, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-17-014-M-00) Motion to concur with the recommendation of the Planning Commission by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney Absent: Gallardo PZ-5. MARBELLA HOMES SECTION 6 ASSEMBLAGE Formal Meeting Minutes Wednesday, September 07, 2016 Page 10 of 62 Case #: Z2016025 Supervisor District: 4 Applicant / Owner: Tiffany & Bosco, PA / John Wittrock Request: Zone Change from Rural-43 to R-5 Residential Unit Plan of Development (RUPD) Site Location: Generally located ¼ mile south of Jomax Rd. and east of 163rd Ave. in the Surprise area Commission Recommendation: On 8/4/16, the Commission voted 5-0-1 to recommend Approval of Z2016025 subject to conditions ‘a’ – ‘n’, with revised language for conditions ‘a’, ‘b’, ‘e-3’, ‘g-1’, ‘h’, and proposed new conditions ‘j’, ‘k’, ‘l’, ‘m’, and ‘n’ as provided in a handout from the applicant. Provided the following conditions are met: a. Development of the site shall comply with the Zoning Exhibit entitled “Paloma Creek – A Rezone from RU-43 to R-5 RUPD,” consisting of 1 full-size sheet, dated June 30, 2016 and stamped received July 1, 2016 except as modified by the following conditions. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised zoning exhibit to address changes as agreed upon by the City of Surprise. b. Development of the site shall be in conformance with the Narrative Report entitled “Z2016025 – Marbella Homes – Paloma Creek”, consisting of 18 pages, dated June 20, 2016, and stamped received July 1, 2016 except as modified by the following conditions. Within 30 days of Board of Supervisors approval, the applicant shall submit a revised narrative report to address changes as agreed upon by the City of Surprise. c. A Residential Unit Plan of Development (RUPD) is applied to the site specifically to limit the R-5 permitted uses to those acceptable to the Maricopa County Environmental Services Department (MCESD) until such time that either water and sewer services are provided or effective annexation by the City of Surprise. d. Unless the site is effectively annexed into the City of Surprise, a Final Plat is required prior to construction permitting. e. The following R-5 RUPD standards shall apply: 1. Single-Family Traditional (Detached SFR or Attached Townhome) 1. Height: 30’/2 Stories – Detached SFR, 40’/3 Stories – Attached SFR Townhome 2. Front Yard: 20’ 3. Side Yard: 5’ 4. Street-side Yard: 10’ 5. Rear Yard: 25’ – Detached SFR, 12’ – Attached SFR Townhome 6. Lot Area: 5,000 sq. ft. 7. Lot Width: 45’ – Detached SFR, 30’ – Attached SFR Townhome 8. Minimum Lot Area per Dwelling Unit: 5,000 sq. ft. – Detached SFR, 3,000 sq. ft. – Attached SFR Townhome 9. Maximum Lot Coverage: 60% 10. Parking Spaces: 2 Spaces 2. Neo- Traditional (Detached SFR or Attached Townhome) Formal Meeting Minutes Wednesday, September 07, 2016 Page 11 of 62 1. Height: 40’/3 Stories 2. Front Yard: 5’ 3. Side Yard: 5’ 4. Street-side Yard: 5’ or 2’; side-turn garage 5. Rear Yard: 5’ 6. Lot Area: 2,500 sq. ft. 7. Lot Width: 45’ – Detached SFR, 30’ – Attached SFR Townhome 8. Minimum Lot Area per Dwelling Unit: 2,500 sq. ft. 9. Maximum Lot Coverage: 60% - Detached SFR, 60% - Attached SFR 10. Parking Spaces: 2 Spaces 3. Commercial uses shall be prohibited in the R-5 RUPD Zoning District. f. All buildings are subject to noise attenuation as per ARS § 28-8482(B). g. The following Planning and Engineering Comments shall apply: 1. Without the submittal of a precise plan, no development approval is inferred by this review, including, but not limited to access, roadway alignments and required right-of-way dedications. These items will be addressed as development plans progress for further review and/or entitlement. 2. The site contains significant areas of Special Flood Hazard Areas (SFHA) (Floodways and Floodplains). As development plans progress for this site, provision for the natural drainage corridors to remain must be included with any design. Alternatively, alteration or relocation of the SFHAs must be approved by the Flood Control District of Maricopa County and FEMA through the CLOMR/LOMR process. 3. Submission of a CLOMR application to the Flood Control District must be prior to or concurrent with the application for preliminary plat or a precise plan of development to Planning & Development. 4. Approval of the CLOMR by FEMA must be obtained prior to the issuance of any building permits on the site. 5. Owner/developer shall be responsible for identifying and procuring any permit(s) for disturbance of, or work within, delineated jurisdictional (404) washes. h. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time annexation into the City of Surprise or an approved pre-annexation agreement must occur. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2016025, which details the status of this project, including progress on annexing into the City of Surprise. The status report to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for undeveloped parcels. Status reports will be required until completion of annexation occurs. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowners. The granting of this approval allows the property owners 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 Formal Meeting Minutes Wednesday, September 07, 2016 Page 12 of 62 condition, a hearing shall be scheduled with the Board of Supervisors for consideration to 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. j. Multi-family housing will not be allowed in the Development. k. Public Use Trails will be developed within the site and will connect to a regional system in accordance to the City of Surprise Parks and Trails Master Plan. l. The applicant shall work with the City of Surprise on a transition to lower density housing products adjacent to current Rural Neighborhoods. A density transition should follow the Character Areas consistent with the Character Area Compatibility table within the Surprise General Plan 2035. m. The applicant understands that the property lies within the water and wastewater service area of the City of Surprise. The City of Surprise will provide water and wastewater services upon successful annexation into the City in accordance with the terms of that annexation. The applicant will not seek the expansion of any other water or wastewater service provider’s CC&N into the subject property. n. The applicant agrees to work with the City of Surprise to create development standards that are acceptable to the City of Surprise. (C-44-17-015-M-00) Motion to concur with the recommendation of the Planning Commission by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney Absent: Gallardo PZ-6. TOY BARN ON LONE MOUNTAIN ROAD Case #: Z2016026 Supervisor District: 3 Applicant & Owner: Withey Morris PLC / Hugh L. and Diane J. Helm Request: Zone Change from Rural-43 to C-2 Commercial Unit Plan of Development (CUPD) for a garage condo facility Site Location: Generally located approximately 670’ west of the intersection of Lone Mountain Rd. and Cave Creek Rd. Commission Recommendation: On 8/4/16, the Commission voted 6-0 to recommend approval of Z2016026 subject to conditions ‘a’ – ‘i’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Preliminary Site Plan Cave Creek & Lone Mountain Storage” consisting of 1 full-size sheet, dated stamped Formal Meeting Minutes Wednesday, September 07, 2016 Page 13 of 62 received July 18, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Toy Barn II”, consisting of 9 pages, dated stamped received July 18, 2016 except as modified by the following conditions. c. The property owner shall submit a ‘will serve’ letter from the City of Phoenix for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. The following C-2 CUPD standards for the entire site shall apply: 1. Height: 40’ 2. Front Yard Setback: 10’ 3. Side Yard Setback: 0’ 4. Rear Yard Setback: 10’ 5. Minimum lot area: 6,000 sq. ft. 6. Minimum Lot Width: 60’ 7. Maximum Lot Coverage: 60% 8. Parking Spaces: 21 spaces (19 standard, 2 accessible) 9. Screening: 8’ height solid wall required alongside and rear property lines abutting rural or residential zoning districts. Except where a building is located along a property line. e. The following C-2 CUPD standards for platted lots or condo units shall apply: 1. Height: 40’ 2. Front Yard Setback: 0’ 3. Side Yard Setback: 0’ 4. Rear Yard Setback: 0’ 5. Minimum Lot Area: 0 sq. ft. 6. Minimum Lot Width: 0’ 7. Maximum Lot Area: 100% f. The following Planning Engineering conditions shall apply: 1. All retention basins must drain within 36 hours. 2. Detailed Grading and Drainage Plans shall be submitted with the application for building permits. 3. Improvements along Lone Mountain Road are subject to review and approval by the City of Phoenix. g. 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 to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Formal Meeting Minutes Wednesday, September 07, 2016 Page 14 of 62 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. i. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the subdivision infrastructure permit or construction permit for each phase must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2016026 which details the status of this project, including progress on obtaining subdivision infrastructure and/or construction permits. The status report to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for undeveloped parcels. Status reports will be required until completion of the initial subdivision infrastructure and/or construction permits for each zoning parcel (C-2 CUPD). (C-44-17-016-M-00) Motion to concur with the recommendation of the Planning Commission by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney Absent: Gallardo PZ-7. ZANJERO TRAILS INFRASTRUCTURE PLAT Case #: S2014017 Supervisor District: 4 Applicant & Owner: HilgartWilson / First American Title Insurance Company Request: Infrastructure Plat for Zanjero Trails Phase 1 which consists of 12 parcels and 1 tract Site Location: Approximately at the northwest corner of Perryville Rd. and Camelback Rd. Staff Recommendation: Approve (C-44-17-022-M-00) Motion to concur with the recommendations of Staff by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney Absent: Gallardo REGULAR AGENDA - AGENDA REGULAR ~ Supervisor Gallardo entered the meeting ~ PZ-8. KINDERLAND Case #: Z2015099 Formal Meeting Minutes Wednesday, September 07, 2016 Page 15 of 62 Supervisor District: 5 Applicant & Owner: Withey Morris PLC / Sandra Guerroro Request: Zone Change from Rural-43 to C-2 CUPD with a precise Plan of Development for a proposed preschool and day care center Site Location: Generally located approximately 970 ft. east of the intersection of 35th Avenue and Baseline Road in the Laveen area Commission Recommendation: On 8/4/16, the Commission voted 6-0 to recommend approval of Z2015099 subject to conditions ‘a’ – ‘j’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Site Plan”, consisting of 1 full-size sheet, dated April 12, 2016, and stamped received July 15, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “The Garden at Kinderland”, consisting of 36 pages, dated July 15, 2016, and stamped received July 15, 2016 except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter by Rural Metro for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. The following Planning conditions shall apply: 1) All retention basins must drain within 36 hours. 2) All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 3) Detailed Grading and Drainage Plans shall be submitted with the application for building permits. 4) Access to and improvements along Baseline Road are subject to review and approval by the City of Phoenix. e. The CUPD overlay is applied to restrict the use of the site. Until such time as the site is served by 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 shall be required prior to establishment of any non- residential use that requires potable water. f. The applicant/property owner shall provide a recorded copy of the 25’ access easement along the eastern parcel boundary as part of the initial construction permit submittal. g. 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. h. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. Formal Meeting Minutes Wednesday, September 07, 2016 Page 16 of 62 i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, 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. j. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years, within which time the construction permit must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2015099 which details the status of this project, including progress on obtaining construction permits. The status report is to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for the undeveloped parcel. Status reports will be required until completion of construction for the parcel. (C-44-17-017-M-00) Darren Gerard, Assistant Director, Planning and Development, provided background information noting this request is for a zone change for a proposed day care facility. He stated it is the recommendation of the Planning Commission to approve this item, subject to conditions “a” through “j”. He added that condition “e” requires the establishment of a public water system prior to the use of the proposed facility. He informed the Board there was opposition present at the meeting today. Jon Kimoto, resident, stated he was attending on behalf of the Laveen Planning Committee and provided a summary of a meeting with the applicant that resulted in the item failing to gain approval. Mr. Kimoto stated the Committee was generally in favor of the day care business and that the site plan is viable with some modifications. He believed this is a bad location for the day care stating numerous concerns about traffic, water and sewer accommodations, and the consequences of setting a precedent allowing a commercial property to be located close to residential properties. Donofen Sanchez, resident, noted his opposition to the property being just west of his property. His concerns include the proposed water and sewer utilities and the adverse effect they could have on neighbors such as their wells going dry and having to drill deeper for water. He stated that traffic will become worse than it already is because of the need for left turns. Ben Graff with Whitney Morris, representing Kinderland stated he has been in touch with the Laveen Planning Committee and he is confident the citizens’ concerns have been addressed. He said the site is an exceptional location for Kinderland because their plan is to provide education with daycare. Other facilities do not offer both. This will be good for the surrounding residential area. Mr. Graff noted the project is not under any violations with any of their facilities and has met all of Maricopa County regulations and standards. He thinks this will raise the standard for the properties in the area and Formal Meeting Minutes Wednesday, September 07, 2016 Page 17 of 62 encourage new construction in a blighted area. Mr. Graff explained that the owner of Kinderland owns the residential property next door to the project. He presented the design which provided details on setbacks; traffic control which shows the creation of an internal loop road on the property; and the provision of van or bus transportation which will help in reducing traffic volume. Septic and water concerns were addressed by applying for the services through the County where they must meet those high standards. Consultants have confirmed that the septic and water needs for the area are sufficient for the intended use. Mr. Graff stated that they are voluntarily placing this business at this location after the granting of any liquor licenses. Supervisor Kunasek specifically asked if they were going on the record that they have no intent to interfere with any liquor licenses. Mr. Graff responded they have no intent to interfere. Discussion was held by the Board about the traffic concerns in the area, the number of children and staff that would be using the facility, and how this use would affect other businesses in the area needing liquor licenses. Mr. Graff explained that the evaluation of the traffic consultant stated that Baseline Rd. has the capacity availability and with the internal design, traffic queues should be alleviated. Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 8. 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. SPECIAL EVENT LICENSE FOR ANTHEM ROTARY FOUNDATION / ROTARY CLUB OF ANTHEM Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Craighton T. Boates for Anthem Rotary Foundation / Rotary Club of Anthem at 3701 West Anthem Way, Anthem, Arizona 85086 to be held on Saturday, October 1, 2016 from 3:00 pm to 8:00 pm. (Supervisorial District 3) (C- 06-17-083-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo b. SPECIAL EVENT LICENSE FOR ANTHEM ROTARY FOUNDATION / ROTARY CLUB OF ANTHEM Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Craighton T. Boates for Anthem Rotary Foundation / Rotary Club of Anthem at 41703 North Gavilan Peak Parkway, Anthem, Arizona 85086 to be held Formal Meeting Minutes Wednesday, September 07, 2016 Page 18 of 62 on Saturday, October 22, 2016 from 10:00 am to 5:00 pm and Sunday, October 23, 2016 from 10:00 am to 5:00 pm. (Supervisorial District 3) (C-06-17-081-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo c. SPECIAL EVENT LICENSE FOR ANTHEM ROTARY FOUNDATION / ROTARY CLUB OF ANTHEM Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Craighton T. Boates for Anthem Rotary Foundation / Rotary Club of Anthem at 3701 West Anthem Way, Anthem, Arizona 85086 to be held on Wednesday, November 2, 2016 from 4:00 pm to 10:00 pm. (Supervisorial District 3) (C-06-17-084-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo d. SPECIAL EVENT LICENSE FOR ANTHEM ROTARY FOUNDATION / ROTARY CLUB OF ANTHEM Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Craighton T. Boates for Anthem Rotary Foundation / Rotary Club of Anthem at 41703 North Gavilan Peak Parkway, Anthem, Arizona 85086 to be held on Saturday, November 12, 2016 from 10:00 am to 4:00 pm. (Supervisorial District 3) (C-06-17-082-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo e. SPECIAL EVENT LICENSE FOR CATHOLIC DAUGHTERS OF THE AMERICAS Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Joyce Brannen Stalians for Catholic Daughters of the Americas at 14818 West Deer Valley Drive, Sun City West, Arizona 85375 to be held on Saturday, October 29, 2016 from 3:00 pm to 7:00 pm. (Supervisorial District 4) (C-06-17-074- L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo f. SPECIAL EVENT LICENSE FOR SCW ZYMURGY CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Randall Paul Pace for SCW Zymurgy Club at 19803 R.H. Johnson Boulevard, Building E2, Sun City West, Arizona 85375 to be held on Friday, September 23, 2016 from 3:00 pm to 9:00 pm. (Supervisorial District 4) (C-06-17- 053-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Formal Meeting Minutes Wednesday, September 07, 2016 Page 19 of 62 Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo g. SPECIAL EVENT LICENSE FOR SCW ZYMURGY CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Randall Paul Pace for SCW Zymurgy Club at 13800 Deer Valley Drive, Sun City West, Arizona 85375 to be held on Saturday, October 22, 2016 from 1:00 pm to 10:00 pm. (Supervisorial District 4) (C-06-17-057-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo h. SPECIAL EVENT LICENSE FOR SCW ZYMURGY CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Randall Paul Pace for SCW Zymurgy Club at 19803 R.H. Johnson Boulevard, Building E2, Sun City West, Arizona 85375 to be held on Friday, October 28, 2016 from 3:00 pm to 9:00 pm. (Supervisorial District 4) (C-06-17-055- L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo i. SPECIAL EVENT LICENSE FOR SCW ZYMURGY CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Randall Paul Pace for SCW Zymurgy Club at 19803 R.H. Johnson Boulevard, Building E2, Sun City West, Arizona 85375 to be held on Friday, November 25, 2016 from 3:00 pm to 9:00 pm. (Supervisorial District 4) (C-06-17- 054-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo j. SPECIAL EVENT LICENSE FOR SCW ZYMURGY CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Randall Paul Pace for SCW Zymurgy Club at 19803 R.H. Johnson Boulevard, Building E2, Sun City West, Arizona 85375 to be held on Friday, December 30, 2016 from 3:00 pm to 9:00 pm. (Supervisorial District 4) (C-06-17- 056-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo k. SPECIAL EVENT LICENSE FOR SCW BOOMERS CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Roberta Davidson for SCW Boomers Club at 14401 R.H. Johnson Boulevard, Sun City West, Arizona 85375 to be held on Tuesday, September 20, 2016 from 5:30 pm to 8:30 pm. (Supervisorial District 4) (C-06-17-085-L-00) Formal Meeting Minutes Wednesday, September 07, 2016 Page 20 of 62 Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Air Quality 9. AQ-2016-002-RULE 241 (MINOR NEW SOURCE REVIEW (NSR)) Pursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of AQ-2016-002-Rule 241 (Minor New Source Review (NSR)). Upon Board approval, this item will become effective September 7, 2016. Rule 241 provides a procedure for the review of new sources and modifications to existing sources of air pollution requiring permits or permit revisions for the protection of the national ambient air quality standards (NAAQS). Revisions proposed in Rule 241 include changing the threshold when new or modified stationary sources are required to apply Best Available Control Technology (BACT) and Reasonably Available Control Technology (RACT) from 25 tons per year to 40 tons per year for volatile organic compounds, nitrogen oxides, or sulfur dioxide. Stakeholders have requested that Rule 241 be revised to be consistent with the federal thresholds. (C-85-17-002-M-00) Fran McCarroll, Clerk of the Board advised the Board members of an amendment to this item. At the end of line 2 above add the following: …NSR)) “and submittal of the amended rule to the Arizona State Implementation Plan (SIP).” John Rusnik, resident, expressed his concerns about volatile organic compounds stating they should not go up in volume from what is the current standard. Dianne Barker, resident, stated she supports the amendment that requires new sources or modification to existing sources to be submitted to SIP. She also has concerns about the Loop 202 area being non-compliant in regard to particulates and the ozone. She claimed that the federal government is not doing a proper job and reviewed the lawsuit involved with this concern. Blue Crowley, resident, claimed that the grade of air quality over the last month has been failing because air quality did not meet standards for two-thirds of the month. He claimed the County Air Quality Department explains that it is not possible to meet standards because the standards are draconian. Mr. Crowley noted the County is not utilizing multi-modal opportunities which is why air quality violations are not being addressed. Phil McNeely, Air Quality Director, informed the Board that this adjustment was requested by the Stakeholders and that this particular amendment is a relaxation of the standards. It will impact air quality by one percent. An analysis has been done and the modeling indicates this will be a minor impact to the ozone, but will be a major positive impact to businesses and is favorable to economic growth. Discussion ensued about following the federal government standards and the benefits of aligning the County’s air quality standards with the Environmental Protection Agency (EPA). Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, September 07, 2016 Page 21 of 62 AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Clerk of the Board - Secretaria de la Junta 10. CANCELLATION OF ELECTION AND APPROVE APPOINTMENTS TO THE TONTO HILLS DOMESTIC WATER IMPROVEMENT DISTRICT BOARD OF DIRECTORS Pursuant to A.R.S. §16-410(A) and the letter received from the Tonto Hills Domestic Water Improvement District: 1. Cancel the election scheduled to be held on November 1, 2016; 2. Appoint Keith Peirce and William Victor who filed nominating papers to fill the expired term. The appointed Directors shall serve a four year terms effective January 1, 2017 through December 31, 2020, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office. (Supervisorial District 2) (C-06-17-047-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 11. CANCELLATION OF ELECTION AND APPROVE APPOINTMENTS TO THE WINDSOR SQUARE IWDD NO. 27 BOARD OF TRUSTEES Pursuant to A.R.S. § 16-410(A) and the letter received from the Windsor Square IWDD No. 27 Board of Trustees: 1. Cancel the election scheduled to be held on November 16, 2016; 2. Appoint Linda Pollock, Barry Oleksak and Philip Sheinbein who filed nominating papers to fill the expired terms on the Board of Trustees. The appointed Trustees shall serve a two year term effective January 1, 2017 through December 31, 2018, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. § 16-410(A) is fully vested with the powers and duties of the office as if elected to that office. (C-06-17-075-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 12. COUNTY FAIR RACING PERMIT FOR MARICOPA COUNTY FAIR Pursuant to A.R.S § 5-111, approve an application filed by Maricopa County Fair, Inc., for a County Fair Racing Permit to conduct County Fair Racing Meets at 1501 West Bell Road, Phoenix, Arizona 85023, on the following dates: (C-06-17-086-L-00) January 6, 2018 January 7, 2018 January 13, 2018 Formal Meeting Minutes Wednesday, September 07, 2016 Page 22 of 62 January 14, 2018 Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo County Attorney - Procurador del Condado 13. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE Pursuant to A.R.S. § 11-409, approve the official appointment of the following deputies and assistants of the Maricopa County Attorney. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A.R.S. § 38-231. June 20, 2016 Bonnie Frazier – Office Assistant Brooke Throngard – Paralegal July 18, 2016 Audrey Fargo – Legal Support Assistant Cristina Abramo – Legal Support Assistant Jill Green – Advocate Sylvia Perez – Human Resources Specialist Maira Vallejo – Legal Support Assistant August 1, 2016 Brenda Benyamin – Legal Support Assistant Steven Briggs – Attorney Sarah Davis – Attorney Beth Schneider – Attorney August 8, 2016 Kayla Holloway – Attorney Mary Plomin – Attorney August 15, 2016 Sarah Aguirre – Executive Receptionist Taylor Clark – Attorney Barry Giesemann – Detective Susan Schneider – Attorney August 29, 2016 Nicholas Cooksey – Paralegal Jacci Lastra – Paralegal Catalina Revis - Paralegal The County Attorney is an Officer of the County, as enumerated in A.R.S. § 11-401, and pursuant to A.R.S. § 11-409, such an enumerated County Officer may appoint deputies and assistants with the consent of the Board of Supervisors. (C-19-17-008-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, September 07, 2016 Page 23 of 62 14. FEDERAL EQUITABLE SHARING AGREEMENT AND ANNUAL CERTIFICATION REPORT Approve the FY 2016-17 Federal Equitable Sharing Agreement and FY 2016 Annual Certification Report between the Maricopa County Attorney's Office (agency) and the U. S. Department of the Treasury and the U. S. Department of Justice. This report accounts for federal equitable sharing funds received from the U. S. Department of the Treasury or the U. S. Department of Justice. The term of this agreement commences October 1, 2016 and expires September 30, 2017. Authorize the Chairman of the Board of Supervisors to sign all documents related to this certification report and agreement. Federal Sharing Agreements are entered into between the Federal Government, the Maricopa County Attorney’s Office and the Maricopa County Board of Supervisors. It sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds and any interest earned thereon, which are equitably shared with participating agencies. (More commonly known as RICO funds). The Federal Annual Certification reports revenue and expenditures through June 30, 2016. (C-19-17-007-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 15. AGREEMENT WITH US DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR THE DEA TASK FORCE FY2017 Approve the Task Force Agreement and acceptance any available reimbursement funding up to $17,753.00 from the US Department of Justice, Drug Enforcement Administration. The term of this agreement is October 1, 2016 through September 30, 2017. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The grant allows a 0% rate for indirect costs, or $0 which may be incurred by the County Attorney's Office or Maricopa County for the administration of this grant. The Maricopa County Attorney's Office's composite indirect cost rate is 15.2%, or $2,698.00. The recoverable indirect cost of administering this grant is $0; the non-recoverable indirect cost is $2,698.00. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. Also approve an increase to the revenue and expenditure authority in the County Attorney (D190) County Attorney RICO Grants Fund (219) Operating (1000) of $13,315 for FY 2017 and $4,438 for FY 2018. Approval of this agreement allows for reimbursement of overtime paid to the Maricopa County Attorney’s Office detective assigned to the DEA Task Force. The purpose of the agreement is to enhance disruption of the illicit drug traffic in Maricopa County and the State of Arizona by immobilizing targeted trafficking violators and organizations. The County Attorney has cooperated with the DEA since 1998. (C-19-17-010-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Elections - Elecciones Formal Meeting Minutes Wednesday, September 07, 2016 Page 24 of 62 16. ITEM WITHDRAWN (C-21-17-001-7-00) 17. DESIGNATION AND CANCELLATION OF SPECIAL DISTRICT ELECTIONS AND APPOINTMENT TO OFFICE Designate special districts as defined under Title 48 within Maricopa County which qualify for alternate procedure for electing the district governing board members for terms of office beginning December 1, 2016 for Fire districts and January 1, 2017 for Hospital and Community College districts. Cancel the November 8, 2016 elections for governing board members in those qualifying districts and appoint those candidates to serve the specified terms as governing board members. Also, declare vacant those positions where no nomination petitions for a candidate and no nominations for a write-in candidate have been filed to fill the position for which the election is being held. Such position shall be filled in accordance with laws governing the filling of those vacancies. Several special districts in Maricopa County are qualified for this action, as reflected on the 2016 List of Special Districts Qualifying for Alternate Election Procedures which is on file with the Clerk of the Board of Supervisors and retained in accordance with LAPR approved retention schedule; and included in the board materials. The Arizona Legislature offers an alternate procedure for electing the governing board members of a special district as defined under Title 48 (A.R.S. § 16-410). If the total number of persons who file a nomination petition as of August 10, 2016, or write in nomination paper as of August 24, 2016, is equal to or less than the number of positions to be filled for each office to be elected at the General Election, the County Board of Supervisors is authorized to cancel the election. The Board of Supervisors is also authorized to appoint those persons who filed a nomination petition or write in nomination paper to serve as a governing board member for the respective term. A person who is appointed pursuant to this section is fully vested with the powers and duties of the offices as if elected to that office. (C-21-17-003-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Sheriff - Alguacil 18. IGA WITH CITY OF PHOENIX FOR DETENTION ACADEMY TRAINING Approve an Intergovernmental Agreement between City of Phoenix and Maricopa County through the Sheriff's Office, in the not-to-exceed amount of $150 per academy participant. The purpose of this IGA is to allow City of Phoenix Detention recruits to attend Sheriff’s Detention Training Academies. This IGA is effective from June 1, 2016 until June 30, 2020. The Sheriff's Office conducts several detention academies throughout the year. The cost is for supplies. (C-50-16-115-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, September 07, 2016 Page 25 of 62 19. MOU WITH CITY OF GLENDALE FOR SHARING LAW ENFORCEMENT INFORMATION Approve a Memorandum of Understanding between City of Glendale on behalf of its Police Department and Maricopa County through the Sheriff's Office, for the purpose of enhancing the effectiveness of law enforcement to respond to criminal threats by increasing information sharing related to crime and criminal activities among federal, state, local and tribal law enforcement partners so that public safety is enhanced and the Nation’s critical infrastructure in Arizona is protected. This Memorandum of Understanding is non-financial and is effective from the day it is fully executed and will continue until either agency provides sixty (60) days prior written notice with intent to terminate. (C-50-17-010-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 20. MOU WITH CITY OF PHOENIX FOR SHARING LAW ENFORCEMENT INFORMATION Approve a Memorandum of Understanding between City of Phoenix on behalf of its Police Department and Maricopa County through the Sheriff's Office, for the purpose of enhancing the effectiveness of law enforcement to respond to criminal threats by increasing information sharing related to crime and criminal activities among federal, state, local and tribal law enforcement partners so that public safety is enhanced and the Nation’s critical infrastructure in Arizona is protected. This Memorandum of Understanding is non-financial and is effective from the day it is fully executed and will continue until either agency provides sixty (60) days prior written notice with intent to terminate. (C-50-17-011-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 21. MOU WITH CITY OF SURPRISE FOR SHARING LAW ENFORCEMENT INFORMATION Approve a Memorandum of Understanding between City of Surprise on behalf of its Police Department and Maricopa County through the Sheriff's Office, for the purpose of enhancing the effectiveness of law enforcement to respond to criminal threats by increasing information sharing related to crime and criminal activities among federal, state, local and tribal law enforcement partners so that public safety is enhanced and the Nation’s critical infrastructure in Arizona is protected. This Memorandum of Understanding is non-financial and is effective from the day it is fully executed and will continue until either agency provides sixty (60) days prior written notice with intent to terminate. (C-50-17-012-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 22. MOU WITH CITY OF YUMA FOR SHARING LAW ENFORCEMENT INFORMATION Approve a Memorandum of Understanding between City of Yuma on behalf of its Police Department and Maricopa County through the Sheriff's Office, for the purpose of enhancing the effectiveness of law enforcement to respond to criminal threats by increasing information sharing related to crime and criminal activities among federal, state, local and tribal law enforcement partners so that public safety is enhanced and the Nation’s critical infrastructure in Arizona is protected. This Memorandum of Understanding is non-financial and is effective from the day it is fully executed and will continue until either agency provides sixty (60) days prior written notice with intent to terminate. (C-50-17-014-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, September 07, 2016 Page 26 of 62 23. MOU WITH TOWN OF PARADISE VALLEY FOR SHARING LAW ENFORCEMENT INFORMATION Approve a Memorandum of Understanding between the Town of Paradise Valley and Maricopa County through the Sheriff's Office, for the purpose of enhancing the effectiveness of law enforcement to respond to criminal threats by increasing information sharing related to crime and criminal activities among federal, state, local and tribal law enforcement partners so that public safety is enhanced and the Nation’s critical infrastructure in Arizona is protected. This Memorandum of Understanding is non-financial and is effective from the day it is fully executed and will continue until either agency provides sixty (60) days prior written notice with intent to terminate. (C-50-17-021-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 24. COMPETITION IMPRACTICABLE CONTRACT WITH TANTUS SOLUTIONS GROUP, INC. FOR SYSTEM INTEGRATION SERVICE FOR THE SHIELD PROJECT Approve the award of a Competition Impracticable contract to Tantus Solutions Group, Inc. for the provision of integration services related to the implementation of a commercial off- the-shelf (COTS) New Jail Management System solution (New JMS). The initial contract term is three (3) years commencing on August 1, 2016 and ending on July 31, 2019. The contract contains options for two (2) annual renewals. The initial contract value, including estimated travel costs, shall be $3,109,100.00. System integration services are required to coincide with the solicitation process of 17002- RFP for SHIELD the new Jail Management System (JMS) Project and will continue with the yet to be determined awarded vendor. All services will be governed by individual task orders that are based upon the needs of the MCSO and the interaction with the eventual awarded vendor. Services will include gap analysis, data cleansing and migration, interface requirements and development, knowledge transfer, and related services. (C-50-17-013-M- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 25. MODIFICATION TO AGREEMENT WITH U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR THE DEA TASK FORCE FFY2016 Approve the Modification of the State and Local Task Force Agreement between the Drug Enforcement Administration Phoenix Field Office and Maricopa County Program Funded- State and Local Task Force Agreement. This Modification is changing the end date of the Agreement from September 29, 2016 to September 30, 2016. This change is to align with their Federal funding. This is the only change to the Agreement. Approval of this modification will allow for reimbursement of overtime through September 30, 2016 for the four deputies assigned to the DEA Task Force. (C-50-16-023-G-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 26. TEMPORARY ONE-TIME ADDITIONS TO FLEET FOR HOLIDAY MALL PATROL Formal Meeting Minutes Wednesday, September 07, 2016 Page 27 of 62 Authorize Equipment Services to retain up to 20 serviceable vehicles scheduled to be taken out of the Sheriff’s Office and County-wide fleet so they can be used for 2016 holiday mall patrol season which begins November 24, 2016 and concludes January 2, 2017. Fuel costs are estimated to be $3,500 and an allowance of up to $500 per vehicle for any necessary repair to put the vehicle into service will be funded by the Sheriff’s Office (500) General Fund (100). Approval of this item allows the Sheriff’s Office to assemble a temporary fleet of enforcement vehicles in anticipation of increased activity at the malls throughout the Valley during the holiday shopping season. Posse volunteers are generally used for these assignments. The increased presence is intended to deter crime and enhance response of certified deputies. (C-50-17-015-M-00) Blue Crowley, resident, expressed his skepticism for the need of Posse volunteers to patrol the malls in the County. Supervisor Kunasek explained that the Board of Supervisors has no authority to address what the Sheriff can or cannot do. The Board of Supervisors is a policy body that cannot address law enforcement. Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 27. ONE TIME ADDITION TO RICO FLEET, EXEMPTION FROM MARKINGS AND ISSUANCE OF UNDERCOVER REGISTRATION AND LICENSE PLATES Approve a one-time addition of one undercover vehicle to the Sheriff’s RICO fleet. This vehicle, valued at $22,000, was seized during a narcotics investigation and has been ordered by the Court for forfeiture. This vehicle will be used for undercover investigative purposes. Also approve per A.R.S. §38-538.03 exemption from markings and deep undercover registration. Operational costs, which will be funded through RICO (Fund 212), are anticipated to be $3,500. This vehicle will be retired at the end of its useful life with no funding from the general fund for its replacement. (C-50-17-017-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 28. ONE-TIME ADDITION TO RICO FLEET, EXEMPTION FROM MARKINGS AND ISSUANCE OF UNDERCOVER REGISTRATION AND LICENSE PLATES Approve a one-time addition to the Sheriff's RICO fleet. This vehicle, valued at $12,000, was seized during a fraud investigation and has been ordered by the Court for forfeiture. The vehicle will be used for undercover investigative purposes. Also approve per A.R.S. 38-538.03 exemption from markings and undercover Arizona registration and license plates. Operational costs, which will be funded through RICO (Fund 212), are anticipated to be $5,500 plus there will be a one-time lien payoff of $247.58. This vehicle will be retired at the end of its useful life and processed according to forfeiture guidelines with no funding from the general fund for its replacement. (C-50-17- 019-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Formal Meeting Minutes Wednesday, September 07, 2016 Page 28 of 62 Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 29. RESCIND AND REPLACE ACTION TO AMENDMENT TO MASTER SERVICES AGREEMENT WITH ARIZONA STATE UNIVERSITY FOR TRAFFIC STOP Rescind and replace action taken by the Board of Supervisors on August 3, 2016 under C- 50-15-071-M-02 and replace with this motion: Approve Second Amendment to the Master Services Agreement between the Arizona Board of Regents for and on behalf of Arizona State University and its Center for Violence Prevention and Community Safety and Maricopa County Board of Supervisors Acting on Behalf of the Maricopa County Sheriff's Office In the not-to-exceed amount of $176,820 for the purpose of developing MCSO’s capacity to audit traffic stop data and conduct trend analysis on traffic stops, traffic stop outcomes, and searches and seizures. This amendment is effective from July 1, 2016. All other terms and conditions of the Agreement remain in full force and effect. The Master Services base Agreement was approved by the Board of Supervisors on March 25, 2015 and established the relationship permitting the Sheriff’s Office to work with the Center for Violence Prevention and Community Safety at Arizona State University for the development of a traffic stop data information management program. The term of the Master Services Agreement is not to exceed five years from April 8, 2015. (C-50-15-071-M- 03) Blue Crowley, resident, claimed this item was in connection with the illegal traffic stops made by the Sheriff’s Department and he is hopeful this will bring clarity to the citizens of the County. Supervisor Barney explained that this action was only a format change and he expressed his appreciation for the work being done and how the data collected will present an opportunity for improvement. Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 30. ADMINISTRATIVE CORRECTION REGARDING THE IGA WITH GILA COUNTY FOR DETENTION ACADEMY TRAINING Approve the administrative correction to the action taken by the Board on August, 17, 2016, C-50-16-117-3-00 that approved an Intergovernmental Agreement between Gila County and Maricopa County through the Sheriff's Office. The purpose of this IGA is to allow Gila County detention recruits to attend Sheriff’s Detention Training Academies with the term effective June 1, 2016 until June 30, 2020. The purpose of this administrative correction is to correct the term expiration date from June 30, 2020 to June 30, 2019. (C-50-16-117-3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 31. AGREEMENT WITH U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR THE DEA TASK FORCE FFY2017 Approve the Agreement and acceptance of up to $71,012 in continued overtime reimbursement funding from the U.S. Department of Justice, Drug Enforcement Administration. This agreement shall be for two, one-year terms. This Agreement Formal Meeting Minutes Wednesday, September 07, 2016 Page 29 of 62 supersedes last year's Agreement (C-50-16-023-G-00), which had an expiration date of September 30, 2017. The first term of this agreement will run from October 1, 2016 to September 30, 2017, and the second term will run from October 1, 2017 to September 30, 2018. The agreement may be renewed for four, one-year renewal periods subject to the written agreement of the parties and the availability for federal funding. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. The Sheriff’s Office FY17 indirect cost rate is 19.8%. The unrecoverable indirect costs are estimated to be $14,060.38. This agreement reimburses 100% of the overtime costs ($71,012) and the employer related expenses (ERE) — FICA/Medicare and Retirement will be supported by HIDTA Forfeiture funds ($37,615). Approval of this agreement allows for reimbursement of up to $17,753 in overtime per deputy to each of the four deputies assigned to the DEA Task Force. This is a slight increase over the overtime reimbursement rate per deputy of $17,548 that was in the last agreement. The purpose of the agreement is to enhance disruption of the illicit drug traffic in Maricopa County and the State of Arizona by immobilizing targeted trafficking violators and organizations. The Sheriff’s Office has cooperated with the DEA since 1998. (C-50-17-020- G-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 32. MAINTENANCE OF EFFORT REDUCTION AND TRANSFER OF EXPENDITURE AUTHORITY WITHIN SHERIFF'S APPROPRIATION FOR COMPLIANCE WITH THE SECOND SUPPLEMENTAL PERMANENT INJUNCTION Authorize the Sheriff’s Office to reallocate its existing budget authority in order to meet the requirements of the Melendres v. Arpaio Second Supplemental Permanent Injunction and pursuant to ARS 42-17106(B), approve the following transfer of expenditure authority in the FY 2017 Revised Budget: 1. Reduce Sheriff’s Office (D500) General Fund (100) Operating (1000) expenditure appropriation in the amount of $3,320,370; 2. Reduce Sheriff’s Office (D500) Detention Fund (255) Operating (1000) expenditure appropriation in the amount of $4,700,420; 3. Increase The Sheriff’s Office (D500) General Fund (100) MCSO Judgment Order Operating (MEL0) appropriation by the amount of $8,020,790; In addition, pursuant to ARS 42-17106(B) approve the following transfer of expenditure authority in the FY 2017 Revised Budget for MCSO’s Non-Recurring costs associated with the Melendres v. Arpaio Second Supplemental Permanent Injunction: 4. Decrease Non Departmental (D470) General Fund (100) Non-Recurring (1001) in the line “Unreserved and General Contingency” (4711) by the amount of $1,739,363; 5. Increase the Sheriff’s Office (D500) General Fund (100) Non-Recurring MCSO Judgment Order Non-Recurring (MEL1) appropriation by the amount of $1,739,363; Formal Meeting Minutes Wednesday, September 07, 2016 Page 30 of 62 In addition, authorize a decrease in the budgeted Above Base Maintenance of Effort transfer from the General Fund to the Detention Fund by $4,700,420, from $32,609,533 to $27,909,113. Pursuant to ARS 42-17106(B), this action requires the approval of the following budget adjustments 6. Decrease the Non-Department (D470) Detention Fund (D255) Gen Fund to Detention Fund Maintenance of Effort Above Base (Q002) Operating (1000) revenue appropriation in the amount of $4,700,420 7. Decrease the Non-Department (D470) General Fund (100) Gen Fund to Detention Fund Maintenance of Effort Above Base (1000) Operating (1000) expenditure appropriation in the amount of $4,700,420. These actions will be offset by a reduction in Eliminations. (C-50-17-018-2-00) Blue Crowley, resident, commented that it is good that the Sheriff’s Office is now working to be compliant with the judge’s order. Discussion was held concerning the immediacy of this matter and the appreciation that the Sheriff’s Office is taking the responsibility for paying the costs involved to be compliant in response to the Second Supplemental Permanent Injunction. Board members shared their views that the Sheriff’s Department is moving in the right direction, but there remains a great amount of discussion for long term resolutions. Jerry Sheridan, Chief Deputy Sheriff, commented on the target changes that move and expand, but the many other variables beyond the funding issues involved with this directive. He explained there are many people involved in moving this along and thus it moves very slowly. The Department is working very hard to work quicker in meeting the requirements. This item is before the Board because the Department was short on time for determining how to fund this action, but they will continue to look into this and other areas that can be changed to resolve the problem. Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Treasurer - Tesorero 33. TAX DEEDED LAND SALE Pursuant to A.R.S. § 42-18303, 1) accept high bid on property offered for sale by auction on March 24, 2016 through April 9, 2016 as listed below, and 2) direct that a deed be prepared to convey the property sold. (C-43-17-004-7-00) Bidder: Kenneth P. Keegan Parcel Number: 141-51-011N Bid Amount: $504.00 Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo JUDICIAL BRANCH - PODER JUDICIAL Justice Courts - Tribunales de Justicia Formal Meeting Minutes Wednesday, September 07, 2016 Page 31 of 62 34. EARLY TERMINATION OF LEASE AGREEMENT WITH CITY OF BUCKEYE Approve the early termination of Lease L-7456 and authorize the Clerk of the Board to process the Notice of Early Termination to City of Buckeye, Arizona, Lessor. The County is constructing the Southwest Regional Justice Center which will house several regional justice courts. The White Tank – Buckeye Justice Court, currently occupying leased premises at 21699 W. Yuma Road in Buckeye, will be relocating into the new Southwest Justice Center necessitating early termination of Lease L-7456. Section 3.1 of the Lease Agreement allows for early termination with 90-days written notice. Upon finalization, by Justice Court Administration, of the scheduled relocation date, the Clerk of the Board will, upon notice from Real Estate, process the early termination notice document to provide the Lessor with required 90-day written notice of early termination. (C-24-15-002-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 35. EARLY TERMINATION OF LEASE AGREEMENT WITH PHOENIX SANTA FE PARTNERS, LP Approve the early termination of Lease L-7134 and authorize the Clerk of the Board to process the Notice of Early Termination to Phoenix Santa Fe Partners, LP, Lessor. The County is constructing the Southwest Regional Justice Center which will house several regional justice courts. The Maryvale Justice Court, currently occupying leased premises at 4622 W. Indian School Road in Phoenix, will be relocating into the new Southwest Justice Center necessitating early termination of Lease L-7134. Section 13 of the Lease Agreement allows for early termination with 90-days written notice. Upon finalization, by Justice Court Administration, of the scheduled relocation date, the Clerk of the Board will, upon notice from Real Estate, process the early termination notice document to provide the Lessor with required 90-day written notice of early termination. (C-24-97-002-4-12) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 36. IGA WITH ARIZONA DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE DIVISION FOR USE OF REGIONAL JUSTICE COURTS Approve and authorize the Chairman to execute Intergovernmental Agreement G-30189 (IGA) with the State of Arizona Motor Vehicle Department (MVD) for use of County Regional Court Centers (5) to provide public access to ServiceArizona computer kiosks for accessing MVD-affiliated services. The term of the IGA will commence upon execution by both Parties and expire five (5) years thereafter. The term may be extended for one (1) year (or greater) by written agreement. The County, through Justice Courts Administration, will be responsible for providing the internet routers and DSL lines that will connect the kiosks to the MVD system. Either Party may terminate the IGA for cause or convenience with thirty (30) days prior written notice to the other. (C-24-17-001-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Formal Meeting Minutes Wednesday, September 07, 2016 Page 32 of 62 Air Quality - Calidad del Aire 37. MODIFICATION TO AGREEMENT WITH ARIZONA STATE UNIVERSITY FOR USE OF GRADUATE STUDENT TO CONDUCT AIR SAMPLES STUDY Approve Modification No. 1 to Agreement between Arizona State University (ASU) and Maricopa County through the Air Quality Department (MCAQD) previously approved on September 9, 2015. This modification will extend the agreement six (6) months to February 16, 2017 with no additional financial obligation; all other terms and conditions of the Agreement remain unchanged. The Agreement between ASU and the MCAQD provides that each entity will furnish 50% of the funding to support a graduate student project to compare the chemical makeup of air samples collected and reported by the Arizona Department of Environmental Quality with the MCAQD’s emissions inventory. This analysis will determine if the MCAQD’s inventory appropriately apportions emissions to major categories of air pollution sources. The results of this research will help the MCAQD develop more accurate and precise inventories which is critical to understanding how to achieve healthful air quality with appropriate and cost-effective emissions control strategies. This agreement is retroactively effective from August 17, 2015 until February 16, 2017. (C-85-16-001-3-01) Blue Crowley, resident, commented on the earlier hearing and the comments made that we live in the desert. He stated the problem is not with the dust but with volatile organic compounds that affect the ozone. He said he is hopeful the Board will learn from what Arizona State University (ASU) reports on this subject. Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 38. AMENDMENT TO AGREEMENT WITH U.S. ENVIRONMENTAL PROTECTION AGENCY TO MONITOR PM2.5 Approve an Agreement between the US Environmental Protection Agency and Maricopa County through the Air Quality Department in the not-to-exceed amount of $53,145. This amendment is funded by a grant from the US Environmental Protection Agency, Award ID# PM-99T08801-4 which increases the federal funding by $53,145. This amendment is retroactively effective from April 01, 2016 to March 31, 2017. All other terms and conditions of the Agreement remain in full force and effect. The FY2015-16 Air Quality composite indirect rate of 22.6% will be applied to the direct charges of $43,348 Indirect costs of $9,797 are fully recoverable. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation; therefore, expenditures of these revenues are not prohibited by the budget law. A budget adjustment is not required. (C-85-15-002-G-02) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 39. AMENDMENT TO THE AGREEMENT WITH U.S. ENVIRONMENTAL PROTECTION AGENCY AIR POLLUTION CONTROL PROGRAM CLEAN AIR ACT SECTION 105 GRANT Approve an Agreement between the US Environmental Protection Agency and Maricopa County through the Air Quality Department in the not-to-exceed amount of $1,094,817. This amendment is funded by a grant from the US Environmental Protection Agency, Award ID# A-00905216-0. The purpose of this Agreement is to continue support for activities related to improved air quality. Formal Meeting Minutes Wednesday, September 07, 2016 Page 33 of 62 This agreement is retroactively effective from October 1, 2015 to September 30, 2016. All other terms and conditions of the Agreement remain in full force and effect. The FY2015-16 Air Quality composite indirect rate of 22.6% will be applied to the direct charges of $892,999. The recoverable indirect cost of administering this grant is $201,818; the non- recoverable indirect cost is $0. This is a continuation of the grant approved under C-85-15- 001-G-00. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation; therefore, expenditures of these revenues are not prohibited by the budget law. A budget adjustment is not required. (C-85-17-006-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 40. LICENSE AGREEMENT WITH HIGLEY UNIFIED SCHOOL DISTRICT NO. 60 FOR USE OF REAL PROPERTY Approve, and authorize the Chairman to execute License Agreement P-50274 between Higley Unified School District No. 60 (Licensor) and Maricopa County (County) for County to locate and install a monitoring station for the purpose of measuring ozone, wind speed and direction, temperature and relative humidity and pressure on property owned by Licensor located at approximately 3391 E. Vest Avenue in Gilbert Arizona. County shall install and maintain the monitor equipment at no cost to Licensor. County shall pay an annual fee of $2,400.00 (Twenty Four Hundred Dollars) license fee. The term of the License Agreement shall be for a period of approximately five (5) years commencing upon execution by the Chairman of the Board of Supervisors and expire September 30, 2021. The term of the License Agreement may be extended for 2 (two) additional five (5) year terms upon mutual agreement of the Parties. Either Party may terminate the License Agreement with a 90-day notice to the other. (C-85-17-007-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 41. DONATIONS FROM CENTRAL AZ PROJECT, JAK KONRAD, SUN CITY PET CLUB, ROBERT WISNIEWSKI, JOYCE LESNIEWSKI AND GREGORY MERREL Accept monetary donations totaling $3,800 from Central AZ Project $400, Jak Konrad $900, Sun City Pet Club $500, Robert Wisniewski $500, Joyce Lesniewski $500 and Gregory Merrel $1,000 for the care of animals. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-17-011-D- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 42. DONATION FROM FRIENDS OF ANIMAL CARE & CONTROL TO FUND THE Formal Meeting Minutes Wednesday, September 07, 2016 Page 34 of 62 MARICOPA COUNTY SNAP PROGRAM Accept the restricted monetary donation from Friends of Animal Care & Control (FACC’s) of Phoenix, AZ to fund the Maricopa County Spay/Neuter Voucher Program in the amount of $26,250. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-17-010-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Contract Counsel - Abogado de Contrato 43. REQUIREMENTS CONTRACT WITH COMMUNITY BRIDGES, INC. FOR LEGAL DEFENDER HOLISTIC DEFENSE PROGRAM Approve the Requirements Contract with Community Bridges, Inc. and Maricopa County by and through the Office of the Legal Defender (OLD). This is a non-financial agreement between the parties. The term of this Agreement shall become effective upon the last signature and shall continue to be in effect for the stated length of the contract (one year) unless extended by mutual agreement or until terminated by either party. The OLD Holistic Defense Program Pilot Project is designed to assist clients who are represented by OLD in both dependency proceedings and criminal proceedings. The clients selected for this program will have a reasonable prospect for probation and to re- unify with their children. This program is designed to provide the clients with the assistance they need to be successful as soon as possible after their first contact with the justice system. Justice System Planning and Information (JSPI) will monitor performance measures to determine the viability of the project. (C-56-17-001-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Employee Benefits and Health - Beneficios a los Empleados y la Salud 44. GRANT FUNDS FROM HEALTH SERVICES AND RESOURCES ADMINISTRATION FOR LIFE-SAVING MEDICAL AND SUPPORT SERVICES FOR PEOPLE LIVING WITH HIV/AIDS Approve the application for, and acceptance of, grant funds from Health Services and Resources Administration (HRSA), (H89HA11478), in a not-to-exceed amount not to exceed $9,557,927 for the purpose of providing lifesaving medical and support services to people living with HIV/AIDS, plus $383,416 additional that the grantor allows for carryover from the previous year, for a total of $9,941,343. The grant award begins on March 1, 2016 and ends on February 28, 2017. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The Employee Benefits and Health Department indirect cost rate is 21.8%, which calculates to $256,604.44 and is applied to items that are not passed through to sub-recipients; the full estimated indirect cost is recoverable from the grant. Grant revenues are not local revenue for the purpose of the constitutional expenditure limitation, and therefore expenditure of these funds is not prohibited by budget laws. The Ryan White Part A program received funds from the Health Services and Resources Administration (HRSA), under Part A of the Ryan White Treatment Modernization Act of Formal Meeting Minutes Wednesday, September 07, 2016 Page 35 of 62 2006, to provide services to people infected with, or affected by HIV/AIDS. The grant provides contracts with HIV and AIDS service organizations which deliver/enhance health related and support services for HIV positive/affected persons. These services include, but are not limited to, case management, counseling, outpatient health services, food and nutrition services, legal services, transportation and cost sharing. Pursuant to federal statue, 85% ($8,124,238) of the grant funds must be passed through to contractors as well as the entire amount of Carryover funding ($383,416). HRSA’s allowable administration includes: 10% of grant award for Administration and Planning Council Support ($955,793); and 5% of grant award for Clinical Quality Management ($477,896). HRSA allows for indirect costs which are included in the 10% allowed for Administration. The Ryan White Part A program serves up to 3,500 People Living with HIV/AIDS in Maricopa and Pinal Counties, and is the “Payer of Last Resort” for their primary medical care. The Ryan White Act requires that funding be provided to the county in each state that has the largest number of people diagnosed with HIV/AIDS living in an eligible metropolitan area. By providing continuity of care, people living with HIV/AIDS maintain a measurable lower viral load and are thus less likely to transmit the virus to other individuals. (C-39-17-001-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Enterprise Technology - Tecnología Empresarial 45. EXCEPTION TO SPECIAL WORK ASSIGNMENT POLICY Approve an exception to the Special Work Assignment (SWA) Policy (B7001) to allow Craig Thompson, a Programmer Analyst Senior/Lead in the Office of Enterprise Technology, to receive a special work assignment during his first six (6) months of employment. The SWA Policy states “Any probationary, classified, contract or unclassified (but not including temporary) employee may be eligible for an SWA as long as he/she has been in his/her position for at least 6 months.” After Mr. Thompson was hired, it was determined he could contribute to the critical conversion of the County’s budget and finance system to CGI. His knowledge, skills, and abilities allowed him to be an important member of the CGI conversion team. An SWA will allow the County to retain this key employee. (C-41-17-001-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Equipment Services - Servicios de Equipo 46. GM FUEL ECONOMY OFFER Accept GM’s offer of $1,500 per vehicle for 6 County vehicles which had erroneous EPA- estimated fuel economy window labels. The offer requires that the County execute a release, which will prohibit the County from, among other things, participating in any of the pending class action suits regarding the fuel economy issue. (C-74-17-001-M-00) Supervisor Chucri stated he had a conflict regarding this matter. Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Barney, Gallardo Recused: Chucri Finance - Finanzas Formal Meeting Minutes Wednesday, September 07, 2016 Page 36 of 62 47. EXCEPTION TO SPECIAL WORK ASSIGNMENT POLICY Approve an exception to the Special Work Assignment (SWA) Policy (B7001) to allow Amanda Zibell, a Business/Systems Analyst Senior/Lead in the Department of Finance, to receive a special work assignment during her first six (6) months of employment. The SWA Policy states “Any probationary, classified, contract or unclassified (but not including temporary) employee may be eligible for an SWA as long as he/she has been in his/her position for at least 6 months.” After Ms. Zibell was hired, it was determined she could contribute to the critical conversion of the County’s budget and finance system to CGI. Her knowledge, skills, and abilities allowed her to be an important member of the CGI conversion team. An SWA will allow the County to retain this key employee. (C-18-17-003- M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 48. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 07/22/2016 through 08/18/2016, from the operating funds to clearing funds including payroll, journal entries, allocations, loans, and paid claims and authorize the issuance of the appropriate related warrants. Pursuant to A.R.S. §11-217(D) and A.R.S. §11-623, said warrants and claims are on file in the Clerk of the Board’s office and retained in accordance with LAPR approved retention schedule. (C-06-17-077-7-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Government Relations - Relaciones Gubernamentales 49. ACCEPT TRIBAL GAMING FUNDS FROM FORT MCDOWELL YAVAPAI NATION FOR THE MARICOPA COUNTY EDUCATION SERVICE AGENCY’S STEM PRO LIVE! PROGRAM AND APPROPRIATED BUDGET ADJUSTMENT Pursuant to A.R.S. §5-601.02, authorize acceptance of funds from the Fort McDowell Yavapai Nation for the Maricopa County Education Service Agency’s STEM Pro Live! Program in the amount of $6,540.53 for FY 2017. On April 20, 2016, the Board authorized submission of this application to Fort McDowell Yavapai Nation. Also, authorize the Chairman to execute all documents related to this grant which may include an Intergovernmental Agreement (IGA), Grant-in-Aid Agreement, or similar documents. Approve an increase to the FY 2017 budget for the Maricopa County Education Service Agency (D370) Grant Fund (715) Operating (1000) revenues and expenditures appropriated budget in the amount of $6,541. MCESA’s indirect cost rate for FY 2017 is 9.6%. The Tribal Gaming Fund awards do not allow recovery of indirect costs. MCESA’s indirect cost recovery is 9.6% and therefore it estimates unrecoverable indirect costs of $627.94. (C-20-16-029-G-01) Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Human Resources - Recursos Humanos Formal Meeting Minutes Wednesday, September 07, 2016 Page 37 of 62 50. AMEND PREMIUM PAY RATES Amend the Premium Pay Rates applicable to all employees paid through the Maricopa County payroll system. Human Resources recommends the creation of an OIC/Warrants/SIMS Differential. This action is consistent with the Maricopa County Compensation Plan (B7000) and Multilingual Pay Policy (B7005). (C-31-13-024-6-06) Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 51. MARKET RANGES Pursuant to A.R.S §11-251 (38) and 251 (51), approve the addition, replacement, and/or deletion of Market Ranges to the authorized comprehensive listing of employee compensation Market Ranges previously approved by the Board of Supervisors and approve the addition and/or replacement stipends for management/professional assignments (MPA). (C-31-17-003-6-00) Ranges: Claims Adjuster: $22.36-$35.65 ($46,509-$74,152) Claims Adjuster Senior: $28.45-$40.90 ($59,176-$85,072) Executive Assistant to Director: $18.09-$28.40 ($37,627-$59,072) Executive Assistant to Elected Official: $21.84-$33.00 ($45,427-$68,640) Executive Assistant to Executive Officer: $21.84-$33.00 ($45,427-$68,640) Fingerprint and Records Manager: $36.00-$50.80 ($74,880-$105,664) Fingerprint Manager: $31.15-$43.75 ($64,792-$91,000) Fingerprint Supervisor: $22.55-$31.10 ($46,904-$64,688) Head Start Family Support Specialist: $13.65-$21.10 ($28,392-$43,888) Head Start Site Supervisor: $17.75-$25.75 ($36,920-$53,560) Head Start Teacher: $15.30-$22.05 ($31,824-$45,864) Head Start Teacher (Bachelor's): $16.15-$23.40 ($33,592-$48,672) Management Assistant: $18.10-$28.40 ($37,648-$59,072) Planner Associate: $20.75-$28.25 ($43,160-$58,760) Property and Evidence Custodian: $17.70-$23.65 ($36,816-$49,192) Real Property Specialist Senior: $27.50-$40.45 ($57,200-$84,136) Risk Environmental Analyst Senior: $30.35-$42.75 ($63,128-$88,920) Risk Management Manager: $34.25-$49.60 ($71,240-$103,168) Safety Associate: $20.00-$28.35 ($41,600-$58,968) Safety Specialist: $25.35-$40.05 ($52,728-$83,304) Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Human Services - Servicios Humanos 52. AGREEMENT WITH GOODWILL INDUSTRIES OF CENTRAL ARIZONA FOR THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM Approve a non-financial agreement between Goodwill of Central Arizona and Maricopa County administered by its Human Services Department. The purpose of the Agreement is to provide Senior Community Service Employment Program (SCSEP) participants with employment skills training to increase their opportunities for permanent employment. Agreement term is retroactive to July 1, 2016 to December 31, 2016 and effective upon signature by both Parties. Goodwill shall be responsible for recruitment and placement of program participants. Formal Meeting Minutes Wednesday, September 07, 2016 Page 38 of 62 Program participants will be assigned to work in areas within the Human Services Department that will provide meaningful training opportunities to increase skills for employment opportunities. (C-22-17-019-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 53. AMENDMENT TO GRANT FROM U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE HEAD START AND EARLY HEAD START PROGRAM Approve financial Amendment No. 1 to the grant funds for the Maricopa County for the Head Start and Early Head Start Program from to the U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), Grant No. 09CH010385-01-01. The Amendment increases funding by $220,260 from $13,033,339 to $13,253,599. The grant requires a 20% non-federal share match of the total approved project costs. The total non-federal share for the 2016-2017 program year period is now increased by $55,065 from $3,313,400 to $3,258,335, which is provided through in-kind donations of goods and services as well as parent volunteering. Human Services Department negotiated U.S. Department of Health and Human Services approved indirect cost rate is 20.40% of salaries and employee related expenses. The Amendment funds are $220,260 of which $182,941 is for salaries and employee related expenses. The estimated indirect rate cost is $37,319 and are fully recoverable. 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 grant 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. Acceptance of the Agreement funds will not impact the County General Fund. Acceptance of the Amendment funds will not impact the County General Fund. The grant contract period remains July 1, 2016 to June 30, 2021. Maricopa County was awarded grant funds from U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), Grant No. 09CH010385-01-00 to provide Head Start and Early Head Start program activities to eligible children ages zero to five years old. In July 2016, the Human Services Department Head Start program submitted an application to OHS to request funding for cost-of-living adjustment. A Notice of Award was received designating funds for the cost-of-living adjustment for the Head Start/Early Head Start program for the period of July 1, 2016 to June 30, 2017. (C-22-16-011-G-02) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 54. AMENDMENT TO SOLE SOURCE CONTRACT WITH LODESTAR DAY RESOURCE CENTER Approve Amendment No. 6 to the Sole Source Contract with Lodestar Day Resource Center (LDRC), a non-profit community based organization. The purpose of the Amendment is to address the following items: Formal Meeting Minutes Wednesday, September 07, 2016 Page 39 of 62 I. Revised Section 8.0 Responsibilities of Organization; II. Reduce funding amount from $376,476 to $278,382 for the period of July 1, 2016 to October 31, 2016 III. Substitute the revised Payment Claim Form in Attachment B into the Agreement IV. The Amendment shall be effective upon approval and signature by both parties. V. The foregoing paragraphs contain all the changes to the Agreement. All other terms of the original Agreement and Amendments not amended hereby, remain in full force and effect as approved and amended. VI. This amendment is subject to termination pursuant to the provisions of A.R.S. § 38-511. LDRC provides services to homeless individuals in the Human Services Campus located at 1125 W. Jackson Street, Phoenix, AZ 85007. (C-22-15-063-3-06) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 55. AMENDMENT TO AGREEMENT WITH SCOTTSDALE UNIFIED SCHOOL DISTRICT FOR FOOD CATERING SERVICE Approve financial amendment No. 2 to the agreement with between Scottsdale Unified School District for food service catering to the Maricopa County Head Start Zero-Five program. The purpose of the Amendment is to increase the funding amount by $88,975 from $436,793 to $552,768. The increased funding shall be expended as outlined below: 1. $54,600 for Early Head Start program 2. $34,375 for Head Start program The Amendment shall be effective upon approval and signature by both parties. The Contract term is August 1, 2015 to September 30, 2016. The Amendment is funded by grants from U.S. Department of Health and Human Services (C-22-16-011-G-00), and the Arizona Department of Education/Child and Adult Care Food Program (CACFP) (C-22-14-027-G-02). This agreement does not impact the County General Funds. (C-22-15-079-3-02) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Management and Budget - Administración y Presupuesto 56. CONTRACT WITH WESTMARC FOR FUNDING ECONOMIC DEVELOPMENT ACTIVITIES Approve a Contract between Western Maricopa Coalition, Inc. dba WESTMARC (WESTMARC) and Maricopa County, administered by its Office of Management and Budget, in an amount not-to-exceed $10,000. The purpose of this contract is to provide funding for economic development activities to be provided by WESTMARC for the purposes of enhancing and strengthening the employment base of Western Maricopa County by convening economic meetings and promoting agencies and groups within the area as well as groups looking to relocate to the area. This Contract is effective from July 1, 2016 until June 30, 2017. (C-49-17-007-3-00) Formal Meeting Minutes Wednesday, September 07, 2016 Page 40 of 62 Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Parks and Recreation - Parques y Recreación 57. AMENDMENT TO SPECIAL USE AGREEMENT WITH ARIZONA KARTING ASSOCIATION Approve Amendment Four to the Special Use Agreement between Maricopa County and Arizona Karting Association (C-30-02-047-B) extending the term date from April 5, 2012 to March 3, 2018 which also results in an amendment to the Concessionaire’s Administrative Fee Schedule. The original terms of the Agreement were April 6, 2002 through April 5, 2007 with two (2) 5-year renewal options. Amendment One (C-30-02-047-B-01), dated July 2, 2003, revised the legal description. Amendment Two (C-30-02-047-B-02), dated June 21, 2006, clarified the language of the Agreement and exercised the first of the two (2) 5-year renewal options (April 6, 2007 through April 5, 2012). Amendment Three (C-30-02-047-B-03), dated December 5, 2007, exercised the last 5-year renewal option (April 6, 2012 through April 5, 2017) and agreed to a new Administrative Fee Schedule with no renewal options remaining. This Amendment Four will extend the agreement an additional term commencing upon the expiration of the original term (April 5, 2017) and shall now expire on March 3, 2018 to include an amended fee schedule. Supervisory District No. 3. (C-30-02- 047-B-04) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Procurement Services - Servicios de Adquisiciones 58. 16137-ROQ, FEDERAL LEGISLATIVE ADVOCACY SERVICES Approve the following solicitation serial items. Serial: 16137-ROQ Item: Federal Legislative Advocacy Services ($234,000.00 estimate / 3 Years until September 30, 2019 with 3 one-year renewal option) This contract will provide the county with federal legislative advocacy services. (C-73-17-003-7-00) Nelson Mullins Riley & Scarborough Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 59. 15058-RFP, BELL ROAD ADAPTIVE SIGNAL CONTROL TECHNOLOGY Approve the following solicitation serial items. Formal Meeting Minutes Wednesday, September 07, 2016 Page 41 of 62 Serial: 15058-RFP Item: Bell Road Adaptive Signal Control Technology ($1,867,343.23 Plus Tax estimate / 5 Years until August 31, 2021 with 5 years renewal options) This contract provides for adaptive signal control technology along the Bell Road corridor. (C-73-17-004-7-00) Kimley-Horn and Associates, Inc. Rhythm Engineering TransCore ITS, LLC Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 60. 16076-RFP, TECHNOLOGY PRODUCTS AND SERVICES Approve the following solicitation serial items. Serial: 16076-RFP Item: Technology Products and Services ($50,000,000.00 estimate / 5 Years Until August 31, 2021 With 5 One-Year Renewal Option) Authorize and approve Contracts with the below listed firms to provide a wide variety of network infrastructure equipment, professional services, and managed services. These services incorporate the complete IT solution to include cloud based solution options as well as qualified providers capable of providing consulting, staff augmentation, and advising in a high performing organization that requires application of best practice security principles. Projects over $150,000 will be quoted to all awarded proposers for that product line. Selection criteria may include the following: Available staff, contractors’ current qualifications, project timeline, price and other factors determined by the County. (C-73-17- 002-7-00) CDW GOVT. LLC. SHI INTERNATIONAL CORP. WORLD WIDE TECHNOLOGY INC. INSIGHT PUBLIC SECTOR INC. IT PARTNERS CENTURY LINK COMMUNICATIONS INC. TRANSOURCE SERVICES CORP. NEXT NET PARTNERS COMPUNET INC. CGI TECHNOLOGIES AND SOLUTIONS PRESIDIO NETWORKED SOLUTIONS GROUP, LLC. RIU CYBERSECURITY LLC. SENTINEL TECHNOLOGIES INC. Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 61. 13076-SS, VET IMPORT SOFTWARE Approve an increase of $126,450.00 from ($10,410.00) to $116,040.00 in the sole source agreement, Serial 13076-SS, between Maricopa County and HLP, Inc. for the purchase of animal care and control software and related services, originally approved by the Board of Supervisors under Agenda # C-79-4-088-3-00. The “from” value is negative due to the way Formal Meeting Minutes Wednesday, September 07, 2016 Page 42 of 62 the contracts were converted during the implementation of the Enterprise Resource Planning system in June 2016. HLP, Inc. is the sole developer, proprietor and distributor of CMS software, also known as Chameleon that has been purchased and installed by Animal Care and Control (MCACC). MCACC uses the Chameleon software to register licensing data, and intake and disposition and all other facets of animal tracking. This increase will cover annual support and maintenance associated with the software. (C-79-14-088-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Public Health - Salud Pública 62. BUSINESS ASSOCIATE AGREEMENT WITH STUDENT HEALTH OUTREACH FOR WELLNESS Approve the Business Associate Agreement (BAA) with Student Health Outreach for Wellness (SHOW) and Maricopa County by and through its Department of Public Health (MCDPH), Clinical Services. This is a non-financial agreement between the parties. The term of this Agreement shall become effective upon the last signature and shall continue to be in effect until terminated by either party. The purpose of this Agreement is to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (42 USC §1320d et seq.) (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”) of the American Recovery and Reinvestment Act of 2009 (ARRA), which made changes to various provisions of HIPAA, including updating the definition of a business associate and imposing additional obligations and responsibilities on business associates by implementing privacy and security regulations set forth at 45 CFR Parts 160 and 164 (the “HIPAA Rules”) and any applicable state confidentiality laws. (C-86-17-004-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 63. CONTRACT WITH COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS FOR FLU NEAR YOU DATA IMPLEMENTATION PILOT PROJECT Approve a fixed-price Contract award between the Council of State and Territorial Epidemiologists (CSTE) and Maricopa County by and through its Department of Public Health (MCDPH), Office of Epidemiology (OE) to provide funding to develop and participate in a Flu Near You (FNY) Data Implementation Pilot Project. The mission of FNY is to collect and freely share participate-reported influenza like-illnesses (ILI) data that are free, open, and timely, with the general public and key stakeholders (departments of public health, other government agencies, health care providers, etc.) to increase awareness and insights about ILI activity. The period of performance is August 1, 2016 through May 30, 2017, for a not-to-exceed amount of $20,000.00. The Department of Public Health’s indirect rate for FY16-17 is 15.1%. Full indirect costs are estimated at $2,624.00 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 rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Contract does not alter the budget constraining expenditures of local revenues duly Formal Meeting Minutes Wednesday, September 07, 2016 Page 43 of 62 adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this contract will be provided by the Council of State and Territorial Epidemiologists. (C- 86-17-005-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 64. IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HIV SURVEILLANCE PROGRAM Approve Intergovernmental Agreement (IGA) Contract No. ADHS17-141746, HIV Surveillance Program, between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), to provide continued grant funding for HIV Surveillance Services. The IGA contract total is in the amount of $115,808 for the budget period January 1, 2017 through December 31, 2017. The term of the agreement is January 1, 2017 through December 31, 2021. MCDPH’s indirect rate for FY2016-17 is 15.1%. The full indirect costs are estimated at $15,192 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 rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-13-003-3-05) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 65. AMENDMENT TO FACILITY USE/REVOCABLE LICENSE AGREEMENT WITH PHOENIX DAY Approve and authorize the Chairman to execute Amendment No. 1 to Facility Use/Revocable License Agreement No. P-50275 with Phoenix Day (PD) for use of space at three (3) Maricopa County Department of Health WIC clinics. The Agreement will commence October 1, 2017 and expire September 30, 2018. Either Party may terminate the Agreement with a 30-day written notice to the other. The Agreement will extend the term and allows PD continued use of two County sites, and adds one site, to provide free on-site application assistance for enrollment into Department of Economic Services (DES), Arizona Health Care Cost Containment System (AHCCCS), Supplemental Nutritional Assistance Program-Education (SNAP-Ed), Cash Assistance and Marketplace service to all WIC families and eligible clients. The Agreement allows the Public Health Director or his designee to change or add locations, time or dates for PD use, so long as there is no cost to the County for the change. (C-86-16-018-M-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 66. AMENDMENT TO FACILITIES USE AGREEMENT WITH ARIZONA BOARD OF Formal Meeting Minutes Wednesday, September 07, 2016 Page 44 of 62 REGENTS FOR USE OF SPACE AT HUMAN SERVICES CAMPUS Approve and authorize the Chairman to execute amendment 2 to Facilities Use Agreement P-50244 between Arizona Board of Regents, for and on behalf of (1) Arizona State University (ASU), (2) Northern Arizona University (NAU), and (3) University of Arizona (UA), (the “Contractor”) and Maricopa County for Contractor’s exclusive use of space (the “Premises”) within the County’s Health Care for the Homeless facility at the Human Services Campus at 220 S. 12th Avenue in Phoenix, Arizona. In addition, the term of this Agreement is hereby extended one (1) year, to commence on October 14, 2016, and expire on October 13, 2017. Facilities Use Agreement P-50244 permits the Contractor exclusive use of the Premises on Saturdays and Sundays between 8:00AM and 5:00PM and weekday evenings as may be approved by the County in its reasonable discretion, for one (1) year with an option to renew by mutual consent. The Premises will be used to facilitate staff from the Contractor to provide a primary care clinic providing primary healthcare and primary mental health services to those experiencing homelessness. The Contractor will be responsible for complying with all federal, state and local laws, statutes, rules, regulations, ordinances codes and executive orders including Health Insurance Portability and Accountability Act of 1996 (HIPPA) compliance. The County will be responsible to provide Clinic Supplies and Medications. The Contractor will not be charged a license fee. Either Party may terminate the Agreement with 30-days written notice to the other. (C-86-15-028-M-02) Blue Crowley, resident, expressed his support for this item. Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 67. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR PUBLIC HEALTH IN ACTION: ADVANCING STRATEGIES TO SUSTAIN HEALTHY COMMUNITIES Approve fixed-price Amendment No. 1 to Intergovernmental Agreement (IGA), Contract No. (ADHS16-114422), Public Health in Action: Advancing Strategies to Sustain Healthy Communities between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health, Division of Community Transformation, Office of Community Health Innovation (OCHI) to provide funds for the Public Health in Action (PHIA) program. The PHIA program’s long term outcome is to improve prevention and control of hypertension, diabetes, and overweight and obesity in Maricopa County. Amendment No. 1 will include the following: 1. Pursuant to Terms and Conditions, Provision 8, Contract Changes, Section 6.1. Amendments, Purchase Orders and Change Orders, the Scope of Services is revised and replaced with the Scope of Services of this Amendment One (1); 2. Pursuant to Terms and Conditions, Provision 6, Contract Changes, Section 6.1. Amendments, Purchases Orders and Changes, the Price Sheet is revised and replaced with the Price Sheet of this Amendment One (1). The Price Sheet begins June 30, 2016 through June 29, 2017, for a total amount not to exceed $60,000.00. The term of the IGA Contract shall not exceed five years. However, if the original Contract period is for less than five years, the State shall have the right, at its sole option, to renew the Contract, so long as the original Contract period together with the renewal periods does not exceed five years. The term is June 30, 2015 through July 29, 2020. Formal Meeting Minutes Wednesday, September 07, 2016 Page 45 of 62 MCDPH’s indirect rate for FY 2016-17 is 15.1%. The full indirect costs are estimated at $7,871 of which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-16-066-3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 68. AMENDMENT TO RFP CONTRACT WITH FALCON PRACTICE MANAGEMENT, LLC FOR BILLING OUTSOURCING SERVICES Approve an Amendment No. 3 to RFP Contract between Falcon Practice Management, LLC and Maricopa County by and through its Department of Public Health (MCDPH), Healthcare for the Homeless (HCH) Program to extend the term of the Agreement, as follows: 1.0 Contract Term: 1.1 This Contract is for a term of three (3) years, beginning on the 8th day of September, 2016 and ending the 7th day of September, 2019. All other terms and conditions of the original contract and all amendments shall remain in full force and effect. Falcon Practice Management, LLC, was a successful respondent to PH RFP contract 15-003 on September 11, 2014. (C-86-15-029-3-03) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 69. AMENDMENT TO STUDENT ROTATION TRAINING AGREEMENT WITH A.T. STILL UNIVERSITY Approve the first Amendment to the Student Rotation Training Agreement with A.T. Still University to allow students to participate in learning experiences at both the Maricopa County Department of Public Health and the Maricopa County Department of Correctional Health. The agreement is non-financial, and the term is to remain from April 1, 2013 through June 30, 2017. The agreement would allow students from A.T. Still University to continue to complete unpaid educational rotations with the Dental Sealant program and other programs, and to sustain a working partnership with MCDPH and MCCHS. (C-86-13-077-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Transportation - Transportación 70. CONTRACT WITH CONSULTANT ENGINEERING, INC. FOR ON-CALL CONSTRUCTION ADMINISTRATION SERVICES Formal Meeting Minutes Wednesday, September 07, 2016 Page 46 of 62 Approve Contract No. 2016-012 with Consultant Engineering, Inc. (CEI) for On-Call Construction Administration Services on projects that are not receiving federal-aid funds. This contract shall be effective for three hundred sixty-five (365) calendar days with four (4) one-year renewal options, or until the expenditure of $2,000,000, whichever occurs first. Services for this contract are for administration, management and inspection of construction projects for the MCDOT that do not receive any federal funding. Inclusive in these services are providing a Resident Engineer, staffing for Project Supervision, Inspection of progress and final work, Materials Sampling and Testing or coordinating these services with MCDOT, and Construction Staking or coordination thereof, all as detailed in the contract scope of work and itemized in each individual work assignment. Supervisory Districts: All (C-64-17-017-5-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 71. CONTRACT WITH PARSONS BRINCKERHOFF, INC. FOR ON-CALL CONSTRUCTION ADMINISTRATION SERVICES Approve Contract No. 2016-014 with Parsons Brinckerhoff, Inc. for On-Call Construction Administration Services on projects that are not receiving federal-aid funds. This contract shall be effective for three hundred sixty-five (365) calendar days with four (4) one-year renewal options, or until the expenditure of $2,000,000, whichever occurs first. Services for this contract are for administration, management and inspection of construction projects for the MCDOT that do not receive any federal funding. Inclusive in these services are providing a Resident Engineer, staffing for Project Supervision, Inspection of progress and final work, Materials Sampling and Testing or coordinating these services with MCDOT, and Construction Staking or coordination thereof, all as detailed in the contract scope of work and itemized in each individual work assignment. Supervisory Districts: All (C-64-17-020-5-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 72. CONTRACT WITH TRISTAR ENGINEERING & MANAGEMENT, INC. FOR ON-CALL CONSTRUCTION ADMINISTRATION SERVICES Approve Contract No. 2016-013 with Tristar Engineering & Management, Inc. for On-Call Construction Administration Services on projects that are not receiving federal-aid funds. This contract shall be effective for three hundred sixty-five (365) calendar days with four (4) one-year renewal options, or until the expenditure of $2,000,000, whichever occurs first. Services for this contract are for administration, management and inspection of construction projects for the MCDOT that do not receive any federal funding. Inclusive in these services are providing a Resident Engineer, staffing for Project Supervision, Inspection of progress and final work, Materials Sampling and Testing or coordinating these services with MCDOT, and Construction Staking or coordination thereof, all as detailed in the contract scope of work and itemized in each individual work assignment. Supervisory Districts: All (C-64-17-019-5-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, September 07, 2016 Page 47 of 62 73. LAND SURVEY EQUIPMENT TRADE-IN DISCOUNT Approve the trade-in of a piece of obsolete land surveying equipment for a discount towards the purchase of a Trimble model R10 survey grade GNSS receiver which is being purchased as part of a regular replacement schedule. This survey equipment would normally cost $22,950, however through a significant trade-in discount of $5,850 the manufacturer is offering we would be able to purchase this for $17,100. The equipment being used for trade-in is an obsolete survey grade GPS receiver acquired in 1998 that is well past its technological lifespan. Supervisory Districts: All. (C-64-17-021- M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 74. RESOLUTION AUTHORIZING THE ACQUISITION OF DECATUR STREET ROADWAY MAINTENANCE & RESOURCES STORAGE SITE Approve resolution authorizing the acquisition from the State of Arizona by and through its Department of Transportation (ADOT) of a site located on the north side of Decatur Street between Ellsworth Road and the Loop 202 Red Mountain Freeway. Funds are budgeted in the Department of Transportation Operating budget, fund 232, for the acquisition of said land. Maricopa County Department of Transportation has determined a need for the establishment of a roadway maintenance storage site located on the north side of Decatur Street between Ellsworth Road and the Loop 202 Red Mountain Freeway. The establishment of said roadway maintenance storage site will enhance a delivery time of needed maintenance resources to the roadways maintained by Maricopa County in the east valley. Said site is approximately 1+ acres of excess land owned by the State of Arizona by and through its Department of Transportation (ADOT). Supervisory District No. 2 (C-64-17-015-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 75. BID AND AWARD FOR BUSH HIGHWAY ASPHALT RUBBER OVERLAY PROJECT, CONSTRUCTION PACKAGE 3 Approve the solicitation of bids for the Maricopa County Department of Transportation’s construction of overlay improvements, new striping, guardrail and signing of Bush Highway from 5800 feet west of intersection Usery Pass Road and Bush Highway to Water Users Camp Circle as well as the intersection improvement of Usery Pass Road and Bush Highway with additional turning lanes for all directions. Award the contract to the lowest responsive bidder, provided that the lowest responsive bidder does not exceed the engineer’s estimate by more than ten percent. Funds will be budgeted through the Transportation Department (640) Transportation Capital Project funds (234) pavement Construction and Preservation (PAVE) Project, Sub-Project TT0348. The project will provide an asphalt-rubber overlay, new striping, guardrail and signing as well as the intersection improvement of Usery Pass Road and Bush Highway with additional turning lanes for all directions to meet the increase in traffic volume, and safety standards for this road. Supervisory District No. 2 (C-64-17-022-5-00) Formal Meeting Minutes Wednesday, September 07, 2016 Page 48 of 62 Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 76. RESCIND ACTION AND APPROVE REVISED VERSION OF ANTHEM MAINTENANCE AGREEMENT Rescind the action taken by the Board of Supervisors (Board) on August 17, 2016 (C-64- 17-013-M-00) whereby the Board approved an Intergovernmental Agreement between Maricopa County and the Anthem Community Council identifying the maintenance responsibilities within Maricopa County right of way; and approve a new version of the Agreement between Maricopa County and the Anthem Community Council. The action requested above is proposed because, after the Board took action at the August 17, 2016 meeting to approve the Intergovernmental Agreement identifying maintenance responsibilities the County Attorney’s Office requested the language of “intergovernmental agreement” be changed to “agreement” as Anthem Community Council is not a government entity. The proposed new version of the Agreement is provided with this current proposed action. The Agreement identifies and defines both Parties’ respective roles in the execution of the responsibilities of specific maintenance tasks in areas within the County right of way in the unincorporated area of Anthem Community. The term of the Agreement will not exceed five (5) years unless extended by appropriate actions by the County and Community Council. Either party may terminate this Agreement at any time prior to the expiration date of this Agreement by furnishing the other party with a sixty (60) day written notice. Supervisory District No. 3 (C-64-17-013-M-01) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 77. 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-06-17-094-7-00) A. D22878 Project #: TT526 – Appleby Road (Arizona Avenue to the (SW) Consolidated Canal) – Warranty Deed – Assessor’s Parcel #: 303-41-003 – Urvish and Hina Shah – for the sum of $25,200.00. B. D22878 Project #: TT526 – Appleby Road (Arizona Avenue to the (SW) Consolidated Canal) – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 303-41-003 – Urvish and Hina Shah. C. D23237 Project #: TT406 – Riggs Road (Power Road to Hawes (RS) Road) – Warranty Deed – Assessor’s Parcel #: 304-89- 027J – Marianne Fike – for the sum of $40,861.00. D. D23237 Project #: TT406 – Riggs Road (Power Road to Hawes (RS) Road) – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 304-89-027J – Marianne Fike. Formal Meeting Minutes Wednesday, September 07, 2016 Page 49 of 62 E. D23267 Project #: TT406 – Riggs Road (Power Road to Hawes (RS) Road) – Warranty Deed – Assessor’s Parcel #: 304-90- 034B – Allen and Brenda Spencer – for the sum of $21,417.00. F. D23267 Project #: TT406 – Riggs Road (Power Road to Hawes (RS) Road) – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 304-90-034B – Allen and Brenda Spencer. G. D23268 Project #: TT406 – Riggs Road (Power Road to Hawes (RS) Road) – Warranty Deed – Assessor’s Parcel #: 304-90- 034L – Darwin and Glenda Farr – for the sum of $23,946.00. H. D23268 Project #: TT406 – Riggs Road (Power Road to Hawes (RS) Road) – Drainage Easement – Assessor’s Parcel #: 304- 90-034L – Darwin and Glenda Farr – for the sum of $2,252.00. I. D23268 Project #: TT406 – Riggs Road (Power Road to Hawes (RS) Road) – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 304-90-034L – Darwin and Glenda Farr. J. D23269 Project #: TT406 – Riggs Road (Power Road to Hawes (RS) Road) – Warranty Deed – Assessor’s Parcel #: 304-90- 031K – Steve Smith Family Holdings, LLC. – for the sum of $8,925.00. K. D23269 Project #: TT406 – Riggs Road (Power Road to Hawes (RS) Road) – Drainage Easement – Assessor’s Parcel #: 304- 90-031K – Steve Smith Family Holdings, LLC. – for the sum of $10,404.00. L. D23269 Project #: TT406 – Riggs Road (Power Road to Hawes (RS) Road) – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 304-90-031K – Steve Smith Family Holdings, LLC. Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Waste Resources and Recycling Management Administración de Recursos y Reciclaje de Residues 78. ADMINISTRATIVE CORRECTION TO THE CAVE CREEK ADMENDMENT CONSENT ORDER Approve an Administrative Correction to the supporting document to agenda item C-91-10- 067-M-01, Amendment to Consent Order with Arizona Department of Environmental Quality for the Cave Creek Landfill, which was approved by the Board on August 17, 2016. This administrative correction is necessary in order to replace the correct Amendment Formal Meeting Minutes Wednesday, September 07, 2016 Page 50 of 62 document, as an incorrect version was inadvertently attached. (C-91-10-067-M-02) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo ~ Supervisor Barney left the meeting ~ BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 79. REAPPOINTMENT TO THE MARICOPA COUNTY HEAD START ZERO-FIVE POLICY COUNCIL Approve the reappointment of Cristina Arzaga-Williams as the Board's Designee to the Maricopa County's Head Start Zero-Five Policy Council. The term of the appointment will be from September 27, 2016 through September 26, 2017. (C-06-17-087-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney 80. REAPPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD Approve the reappointment of Marc Erpenbeck to the Transportation Advisory Board representing Supervisorial District 1. The term of appointment will be from September 1, 2016 through August 31, 2019. (C-06-17-072-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney 81. RESIGNATION TO THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD OF DIRECTORS Accept the resignation of Victor Vidales, representing Supervisorial District 1, from the Industrial Development Authority Board of Directors effective August 2, 2016. (C-06-17- 069-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Gallardo Supervisor Gallardo wanted to thank Victor Vidales on behalf of Supervisor Barney for his longtime service with the IDA. Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 82. DONATIONS ANNUAL REPORT Formal Meeting Minutes Wednesday, September 07, 2016 Page 51 of 62 In accordance with County Policy A2508, accept the annual reports received from Parks and Recreation for FY 2015-2016. (C-06-17-073-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney 83. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from the Sheriff's Office for July 2016, for a Cash Value of $829.00 and the non-cash donation with a valued amount of $1,398.84. (C-06-17-070-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney 84. 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-06-17-051-7-00) Name Warrant No Amount Incentive Technologies 460115498 11,916.15 Name Warrant No Amount Cruz & Assoc. Consulting 460100720 5,500.00 Lushanya Echeverria 160092655 1,407.87 Debbie Carrillo 170001299 934.68 Jacob Hannah 170003363 189.51 Jeanine Dougherty 460078128 327.23 Zachary Logemann 22402548 530.50 AZ Brake & Clutch Supply, Inc. 460114817 1,071.64 City of Glendale Police Department 460108020 9,399.10 Jerry Banicki 360028489 13,800.68 CPR Savers & First Aid Supply, LLC 460114238 10,688.93 Arizona Public Service 460105254 3,656.23 Raising A Reader 460069479 6,411.00 Cathleen A. Stenehjem 160020927 1,165.77 Angela N. Potts 160088371 638.03 Woodruff Construction 470003694 44,344.22 Victor Diaz 470004678 498.40 Brianna Watson 170005581 1,324.38 Bruce Haseley 98601902 540.30 Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney Formal Meeting Minutes Wednesday, September 07, 2016 Page 52 of 62 85. HEAD START QUARTERLY REPORT Receive the Head Start report for April 1, 2016 to June 30, 2016 submitted by the Human Services Department. Report includes information on: (C-06-17-080-7-00) · Program Enrollment · Number of Children served with Disabilities · Program eligible children on waitlist · Funding Amount and Expenditures · Meals served · Parent education & Volunteer hours Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney 86. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held June 13, 2016; June 20, 2016; and July 14, 2016. (C-06-17- 060-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney 87. SECURED/UNSECURED TAX ROLL CORRECTIONS Pursuant to A.R.S. §§42-15155, 16002, 16215, 16258, and 19118, approve requests from the Assessor for corrections of the Secured Tax Rolls Resolutions. This reflects actual tax dollar corrections to the County tax rolls due to administrative corrections of the Assessor and as a result of property tax appeals. (C-06-17-067-7-00) Phase Tax Year Tax Difference Number 2012 0333 -603.06 2012 0335 -182.24 2013 0254 -73.70 2013 0256 -3,019.54 2013 0258 -1,499.02 2014 0173 -84.00 2014 0174 -5,193.64 2014 0176 -1,980.18 2015 0096 -84.28 2015 0098 -10,211.44 2015 0099 -2,893.50 2015 0100 -519,696.56 2012 0334 16,229.24 Formal Meeting Minutes Wednesday, September 07, 2016 Page 53 of 62 2013 0255 -435.02 2013 0257 18,264.28 2013 0259 -260.38 2014 0172 -502.46 2014 0175 22,058.86 2014 0177 -260.36 2015 0095 -384.06 2015 0097 -3,730.02 2015 0101 -334.00 2012 0336 -2,508.58 2013 0260 -4,084.70 2014 0178 -5,402.32 2015 0102 -2,209.44 2012 0338 -741.40 2013 0263 9,052.38 2014 0181 11,664.04 2015 0105 -3,594.60 Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney 88. 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-06-17-052-7-00) Name Warrant No Amount Maria Gutierrez 820215 424.96 First Arizona Title Agency 824165 1,066.62 Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney 89. 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- 17-005-M-00) 220-01-002T 2010 $1,238.98 960-48-075 2011-2015 $580.14 960-51-384 2012-2015 $360.89 961-18-920 2011-2015 $674.81 963-13-405 2013-2015 $313.56 Formal Meeting Minutes Wednesday, September 07, 2016 Page 54 of 62 963-59-754 2014-2015 $366.16 963-74-886 2006-2012 $322.94 964-72-312 2008-2015 $1,013.14 964-97-456 2014 $216.60 965-10-342 2013-2015 $291.76 965-16-613 2012-2015 $928.17 965-34-139 2013-2015 $288.57 966-17-984 1998-2015 $3,603.33 966-30-823 2010-2015 $591.58 967-26-755 2002-2015 $6,952.56 967-87-358 2013-2015 $561.02 970-22-019 2014-2015 $552.98 980-02-281 2012-2015 $739.83 980-26-649 2002-2012 $3,328.48 980-33-714 2003-2012 $1,924.22 980-85-265 2009-2015 $477.30 981-21-595 2003-2015 $3,125.38 981-75-863 2005-2015 $10,516.29 981-77-287 2014-2015 $792.33 982-09-738 2007-2011 $2,362.26 982-58-877 2009-2015 $2,141.03 Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Gallardo Absent: Barney ~ Supervisor Barney returned to the meeting ~ CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 90. 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.) Lisa Donaldson, representing Lost Dogs of AZ, provided handouts to the Board and explained her organization focuses on returning lost dogs to their owners. She said that the information she is presenting was received from public records and that two-thirds of the animals at MCACC are stray animals. She provided statistics concerning the outcome of these animals. Ms. Donaldson claimed her organization can increase the return to owner percentage. She stated she sent recommendations to MCACC about how to increase their reclaimed animals and provided statistics from other shelters that Formal Meeting Minutes Wednesday, September 07, 2016 Page 55 of 62 illustrates success. Amber Murray, representing Lost Dogs of AZ, shared her experience when she lost her dog. She noted that there is no law or incentive for people to return or report found dogs. She posted signs when she lost her pet and was threatened by the city if she did not remove the signs. The shelters do not take lost dog reports, so people have no option to report lost dogs. Cindy Goetz, representing Lost Dogs of AZ, stated her goal is to reduce euthanasia by getting lost dogs back to their owners. She provided the benefits of returning lost dogs to their owners that included the possible generation of revenue from fines and fees owners would pay to reclaim their pets. Ms. Goetz urged the Members to review the information emailed to each of them from Lost Dogs of AZ. Mary Snyder, resident, stated she has worked at the shelter for the last six weeks and has been looking at marketing issues. She stated she would like to meet with shelter administration and the Board to discuss marketing, finding grants, how to better educate and better run shelters in order reduce euthanasia rates. Adrienne Ayala, resident, commented that MCACC continues to fail to follow policies. There is no money being allocated towards marketing and the problems that continue to cost the County money. MCACC needs to be funded out of the general fund as well as the revenue from fines and fees. She requested a meeting with the Board to discuss the needs of MCACC. Sam Basso, CEO Citizens Animal Welfare Society (CAWS), stated he would like to partner with MCACC to reform and modernize animal control. The current system is not efficient which continues to upset the public with the current performance of MCACC. He said there needs to be a different model to work from and he would like to help MCACC make some changes. Katie Canar, resident, shared a story about an animal that was lost and placed where the public could not see it. She states that the evaluation process must be changed because in one instance a female dog was labeled as being male which caused the owner of the dog to search three months before the dog was found. Cody Waltz, resident, stated she is an animal advocate and she has not had a positive experience with MCACC. She said changes need to be made because social media is exposing how bad things are at the County shelters. She supports the proposal from CAWS and hopes to see positive changes. John Rusinek, resident, reported he attended an air quality meeting and Mr. McNeely threw him out of the meeting. He reiterated his problems with dust at his property and the continued lack of action in addressing his problems. Diane Barker, resident, stated her interest about several concerns and wished to speak to Reid Spaulding because she thinks he could be helpful in resolving some of her concerns. She said she has read the Letter of Intent concerning the stadium and wanted to know where it is stated that only the Buyers and the Stadium District would participate in discussions concerning real estate. Ms. Barker expressed her concerns with the County aligning their air quality standards with the EPA. Lastly, she talked about her issues with the Maricopa Association of Governments (MAG). Formal Meeting Minutes Wednesday, September 07, 2016 Page 56 of 62 91. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Joy Rich noted that the Office of Procurement Services received accreditation from the National Institute of Governmental Purchasing. The Office also received an Achievement of Excellence Award from the National Procurement Institute and the Sterling Agency Accreditation Award for Procurement Services. She stated that the Office is one of only three agencies in the country that has received this suite of awards. Supervisor Chucri expressed his appreciation for all of the National Association of Counties (NACO) awards and recognized Supervisor Kunasek who won for his work with parks and trails. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Clint Hickman, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, September 07, 2016 Page 57 of 62 IMPROVEMENT DISTRICT AGENDA AGENDA DE DISTRITO DE MEJORAMIENTO The Board of Directors of the Improvement District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, September 07, 2016, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Andrew Kunasek, Vice Chairman, District 3; Steve Chucri, District 2; Denny Barney, District 1; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. I-1. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Improvement Districts FY 2017 Budget meetings held June 20, 2016. (C-06-17-065-7-00) Motion to approve by Director Barney, seconded by Director Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Clint Hickman, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, September 07, 2016 Page 58 of 62 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, September 07, 2016, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Andrew Kunasek, Vice Chairman, District 3; Steve Chucri, District 2; Denny Barney, District 1; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. F-1. CONTRACT WITH HDR CONSTRUCTION CONTROL CORPORATION FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES CONTRACT FOR WHITE TANKS FRS NO. 4 PHASE 2 REHABILITATION PROJECT Approve a Competition Impractical Procurement, Maricopa County Procurement Code, MCI-351, in the amount of $500,000.00, with HDR Construction Control Corporation (HDR) to provide Construction Management Services for the White Tanks FRS No. 4 Phase 2 Rehabilitation Project. The Contract, FCD 2016C016, will be effective for 1,095 calendar days from the date of execution or the expenditure of $500,000.00, whichever comes first. HDR provides Construction Management Services under the current On-Call Contract FCD2015C003 for the White Tanks FRS No. 4 Phase 2 Rehabilitation Project which is presently under construction. The original contract was $500,000.00 and these monies will be fully expended by October of 2016. Due to the complex nature of pre-construction testing activities required by the regulating authority (Arizona Department of Water Resources) and observed by the Federal funding partner (Natural Resources Conservation Service) HDR was engaged to provide their services almost seven months prior to the actual construction start date. As a result of both the unforeseen pre-construction expenditures and the actual construction expenditures to date, only 40% of the funds are remaining. Since a further eleven months are required to finish construction, the allocated funds remaining under the present Contract will not be sufficient to complete the Project. It is estimated that an additional $500,000.00 will be required for HDR to furnish the remaining Construction Management Services. The proposed funds will provide continuity of services by the same firm that is currently engaged with the work. As HDR is the Construction Management Firm of Record for the Project, it is the only firm with sufficient project expertise to provide these services during construction and also collaborate with the management team to produce the quality assurance sections of the final construction completion report as specified in AAC R12-15-1213. The project needs to retain HDR until the completion report is finalized. Therefore, we are asking the Board to approve this Competition Impractical contract to ensure continuity of service on the White Tanks FRS No. 4 Phase 2 Rehabilitation Project. This Agenda Item impacts Supervisorial District 4. (C-69-17-004-5-00) Motion to approve by Director Barney, seconded by Director Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo F-2. ACCEPT GRANT FROM DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS – Formal Meeting Minutes Wednesday, September 07, 2016 Page 59 of 62 STATE EMERGENCY COUNCIL FY 16 HAZARD MITIGATION Accept Department of Emergency and Military Affairs (DEMA) Hazard Mitigation Grant funding to partially offset the cost of the Flood Control District of Maricopa County's (District's) installation of weather stations and development of a water simulation model. The total amount awarded is $100,000. The term of this award is July 27, 2016 through June 30, 2017. This award requires a 25% cost share, meaning the maximum reimbursement the District would receive from DEMA would be $75,000. The Flood Control District’s FY17 indirect cost rate is 7.1%. Indirect costs recovery is not permitted by the grantor. Total unrecoverable indirect costs are estimated at $5,325. Authorize the Chief Engineer and General Manager of the District, or his designee, to process obligating and acceptance documents as needed. Additionally, approve an increase to the Fiscal Year 2017 Flood Control (D690) Flood Control Grant Fund (989) Non-Recurring Non Project (1001) revenue and expenditure budgets in the amount of $100,000.00. The Flood Warning Branch will install ten additional gages around the county as part of its ALERT system. The Policy, Planning, and Coordination Branch will create a physical model that simulates flood conditions in a desert environment. It will also work with in- house programmers to develop an educational online application that also demonstrates the flooding potential for various situations. This Agenda Item impacts all Supervisorial Districts. (C-69-17-006-G-00) Motion to approve by Director Barney, seconded by Director Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo F-3. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meetings held June 20, 2016. (C-06-17-062-7-00) Motion to approve by Director Barney, seconded by Director Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo F-4. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements and right-of-way acquisition documents, appraisal and relocation assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements, excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood Control purposes. A. Colter Channel – (Per Resolution # FCD 1999R016) – LA Permit #: 2015P063 – FCD Parcel #: CC-08-PCE – APN #: 501-62-970 (A portion of) – Release and Extinguishment of Permanent Construction Easement – from and to the Flood Control District of Maricopa County for the sum of $164,800.00. B. Colter Channel – (Per Resolution # FCD 1999R016) – LA Formal Meeting Minutes Wednesday, September 07, 2016 Page 60 of 62 Permit #: 2015P063 – FCD Parcel #: CC-08-PCE – APN #: 501-62-970 (A portion of) – Non-Exclusive Ingress-Egress Easement – from Mattamy Arizona, LLC. to the Flood Control District of Maricopa County for the sum of $10.00. C. Colter Channel – (Per Resolution # FCD 1999R016) – LA Permit #: 2015P063 – FCD Parcel #: CC-07 – APN #: 501-62-005P (A portion of) – Non- Exclusive Drainage Easement – from the Flood Control District of Maricopa County to Mattamy Arizona, LLC. for the sum of $600.00. D. City of Goodyear – LA Board Agenda Item C-69-16-037-3-00 – Assignment and Assumption of Lease FCD-2008- 11 by Flood Control District of Maricopa County and the City of Goodyear for the sum of $10.00. (C-06-17-095-7-00) Motion to approve by Director Barney, seconded by Director Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Clint Hickman, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, September 07, 2016 Page 61 of 62 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, September 07, 2016, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Andrew Kunasek, Vice Chairman, District 3; Steve Chucri, District 2; Denny Barney, District 1; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. L-1. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District meetings held June 20, 2016. (C-06-17-063-7-00) Motion to approve by Director Kunasek, seconded by Director Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Clint Hickman, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, September 07, 2016 Page 62 of 62 STADIUM DISTRICT AGENDA AGENDA DEL DISTRITO DE ESTADIO The Board of Directors of the Stadium District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, September 07, 2016, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Andrew Kunasek, Vice Chairman, District 3; Steve Chucri, District 2; Denny Barney, District 1; Steve Gallardo, District 5. Also present: Fran McCarroll, Official Record Keeper; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. S-1. CONSTRUCTION MANAGER AT RISK CONTRACT TO JOKAKE CONSTRUCTION FOR PRE-CONSTRUCTION SERVICES REGARDING CHASE FIELD STRUCTURAL REPAIRS Approve the award of the Construction Manager at Risk contract for pre-construction services to Jokake Construction for the Chase Field Structural Repairs in the amount of $151,798. (C-68-17-001-M-00) Motion to approve by Director Barney, seconded by Director Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo S-2. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Stadium District meetings held June 20, 2016. (C-06-17-064-7-00) Motion to approve by Director Barney, seconded by Director Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Clint Hickman, Chairman of the Board ATTEST: ________________________________ Fran McCarroll, Official Record Keeper