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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 95 Flood Control District 96 Library District 98 Stadium District No Meeting Board of Deposit No Meeting Wednesday, December 07, 2016 9:30 AM Formal Meeting Minutes Wednesday, December 07, 2016 Page 2 of 98 Supervisor Chucri introduced Bernadine Burnette, President of Fort McDowell Yavapai Nation to lead the invocation. She has been a great champion for her community and mutual constituency. He introduced Nelson Mitchell, Library District County employee to lead the Pledge of Allegiance. His father, Nelson Mitchell Sr., was serving in the U.S. Navy on the U.S.S. Jarvis during the attack on Pearl Harbor on December 7, 1941. Nelson Mitchell, Sr. was unable to attend because he is in Hawaii attending services for Remember Pearl Harbor Day marking 75 years since the attack. Supervisor Chucri thanked Nelson Mitchell Sr. for his service and his son for attending the meeting. 1. INVOCATION - INVOCACIÓN Bernadine Burnette, President of Fort McDowell Yavapai Nation offered the invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Nelson Mitchell, Library District employee, 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, December 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; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES NOTE: Agenda item #4 was taken out of order and heard prior to the following agenda item, #5. 5. MARICOPA COUNTY PARKS AND TRAILS PROCLAMATION Proclaim December 2016 as Maricopa County Parks and Trails Month in honor of Supervisor Andy Kunasek’s efforts to protect Maricopa County’s natural and cultural resources for future generations to enjoy. (C-06-17-232-M-00) PROCLAMATION Maricopa County Parks and Trails Month December 2016 WHEREAS, the Maricopa County Board of Supervisors (Board) established a County regional park system in 1954 to meet the recreational needs of a rapidly expanding metropolitan region and conserve a part of the County’s natural heritage for current and future generations; and WHEREAS, Maricopa County’s regional park system has grown to become one of the largest regional park systems in the nation, with more than 120,000 acres of park land and 516 miles of trails; and WHEREAS, the Board is committed to conserving the unique characteristics of the County’s natural heritage while providing visitors and local resident’s quality recreational services, facilities, trails, and programs; and Formal Meeting Minutes Wednesday, December 07, 2016 Page 3 of 98 WHEREAS, the Board desires to recognize the work of several dedicated champions of Maricopa County’s regional park and trail system. NOW, THEREFORE, BE IT PROCLAIMED THAT THE BOARD: 1. Applauds and values the Maricopa County Parks and Recreation Commission, and Maricopa County Supervisor Andy Kunasek, District 3, for their vision and proactive approach towards expanding the County’s regional park system and the near completion of the 310-mile Maricopa Trail. 2. Encourages the Commission to continue partnering with private and non-profit agencies to increase service offerings in the parks. 3. Acknowledges the Commission’s recommendations towards maintaining and enhancing a quality regional park and trail system. 4. Recognizes Supervisor Andy Kunasek for his commitment to ensure that the Maricopa Trail was constructed thus providing users a gateway to metropolitan areas, municipal trails, communities, and neighborhoods with multi-modal corridors. The Board therefore proclaims December 2016 as Maricopa County Parks and Trails month in honor of Supervisor Andy Kunasek’s efforts to protect Maricopa County’s natural and cultural resources for future generations to enjoy. ADOPTED by the Maricopa County Board of Supervisors, Maricopa County, Arizona, this 7th day of December, 2016. /s/ Clint Hickman, Chairman of the Board ATTEST: /s/ Fran McCarroll, Clerk of the Board Clerk of the Board Fran McCarroll read the proclamation. A copy of the proclamation is on file in the Clerk of the Board's Office. A video played and shadowbox was presented to Supervisor Kunasek commemorating his years of service. Chairman Hickman, Supervisor Barney, Supervisor Chucri, Supervisor Gallardo and County Manager Joy Rich commented on the great work of Supervisor Kunasek and commended him for his years of service. Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, December 07, 2016 Page 4 of 98 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 Luna, a nine year old Chihuahua mix. Luna is available for adoption for a fee of $20.00 at the West Shelter, at 2500 W. 27th Ave., Phoenix, AZ 85009. She also noted that adoptions are $20 through the month of December and encouraged everyone to visit the FaceBook page to see staff dressed in full costume. For more information contact 602- 506-7387 or visit www.pets.maricopa.gov. NOTE: Agenda item #5 was taken out of order and heard before agenda item #4. 5. MARICOPA COUNTY PARKS AND TRAILS PROCLAMATION Proclaim December 2016 as Maricopa County Parks and Trails Month in honor of Supervisor Andy Kunasek’s efforts to protect Maricopa County’s natural and cultural resources for future generations to enjoy. (C-06-17-232-M-00) PLANNING AND ZONING AGENDA AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN ***The Board of Supervisors will now consider matters related to Planning and Zoning*** CONSENT AGENDA - AGENDA DE CONSIENTA PZ-1. HASSAYAMPA RANCH Case #: DMP2016001 Supervisor District: 4 Applicant/Owner: Gammage & Burnham PLC / Hassayampa Ranch Phoenix ASLI V LLLP Request: Modification of conditions to the Hassayampa Ranch DMP (ref. #DMP2011001 & DMP2005007) Site Location: North of Indian School Rd. alignment, south of Bethany Home Rd. alignment, west of 323rd Ave. alignment, and east of 343rd Ave. alignment. Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of DMP2016001 subject to conditions ‘a’ – ‘mm’: Provided the following conditions are met: a. Development and use of the site shall comply with the narrative report titled “Development Master Plan for Hassayampa Ranch” dated revised October 27, 2006 and stamped received November 1, 2006, consisting of 93 pages, all appendices, and all figures and tables except as modified by the following stipulations. b. Changes to the Hassayampa Ranch Development Master Plan with regard to use and intensity, or the stipulations approved by the Maricopa County Board of Supervisors, shall be processed as a revised application with approval by the Board of Supervisors upon Formal Meeting Minutes Wednesday, December 07, 2016 Page 5 of 98 recommendation of the Commission. Revised applications shall be in accordance with the applicable Development Master Plan Guidelines, zoning ordinance, and subdivision regulations in effect at the time of amendment application. The Maricopa County Planning and Development Department may administratively approve minor changes to the Hassayampa Ranch Development Master Plan as outlined in the Maricopa County Development Master Plan Guidelines in effect at the time of amendment. Non-compliance with the approved Hassayampa Ranch Development Master Plan, including the narrative report, maps, exhibits, or approved stipulations, constitute a violation in accordance with the Maricopa County Zoning Ordinance. c. The master developer shall make arrangements for completion of all necessary fire stations concurrent with development in the applicable service area. Compliance shall be documented by the fire district/service provider and filed with Maricopa County. d. The master developer shall submit a written report every 5 years from the date of Board of Supervisors approval of DMP2016001. The status report shall include a description of compliance with the conditions of approval of DMP2016001. The status report shall also include location of approved construction, the total number of units permitted and platted, locations of developed parcels, location of parcels under construction, location of parcels sold to other developers, status of infrastructure development, current project density using both constructed and approved devilling units, location of any amendments made to the master plan, the status and ration of non-residential property, and such other information as may be reasonably requested by the Maricopa County Planning and Development Department. This report shall be reviewed by staff to determine whether the project remains in compliance with the approved conditions, or whether to schedule the matter for review by the Commission for recommendation to the Board. This condition shall remain in effect until all final plats have been approved for this development. e. Prior to approval of any zoning change, the master developer shall enter into a development agreement with Maricopa County. Further, prior to approval of any zoning change this development agreement shall be signed by both the master developer and the designated Maricopa County representative(s) and provided to the Maricopa County Planning and Development Department for public record. f. The Hassayampa Ranch master homeowners association shall be responsible for the maintenance of all private roads; public open spaces and amenities; washes; parks; roadway median landscaping; landscaping within public rights-of-way; all pedestrian, bicycle, and multi-use paths; and other community amenities. g. Concurrent with each preliminary plat application, the master development shall provide documentation as to how the preliminary plat complies with the Maricopa Regional Trail plan. h. Concurrent with each preliminary plat application, the master developer shall provide documentation as to how the preliminary plat complies with the Maricopa County Bicycle Transportation Plan. i. All irrigation water supplied for common and open space areas and lakes shall be provided entirely by a renewable supply of water, such as treated effluent, surface water, or Central Arizona Project (CAP) water, within three years after issuance of the first building permit. Interim water for the purposes noted may be supplied by groundwater and shall comply with all Arizona Department of Water Resources regulations. Proof of conversion from groundwater to a renewable water supply shall be provided to the Maricopa County Planning and Development Department within the three year requirement. Formal Meeting Minutes Wednesday, December 07, 2016 Page 6 of 98 j. The total number of residential dwelling units for the Hassayampa Ranch Development Master Plan shall not exceed 5,707 residential units. To help ensure compliance, the cumulative number of dwelling units permitted to that point shall be identified on each preliminary and final plat. k. The Hassayampa Ranch Development Master Plan is subject to all Maricopa County Standards and regulations in effect at the time of zoning and platting. l. All future zoning change applications for non-residential development require a Planned Development (P.D.) overlay. m. The master developer shall be responsible for the installation of all major elements of infrastructure in accordance with the Maricopa County standards in effect at the time of platting. n. The master developer shall provide neighborhood access to commercial and mixed use parcels via open space, pedestrian paths, bicycle paths, or other non-arterial street connections. Such access shall be identified on all plats and precise plans of development. o. Each mixed-use center development providing over 50 parking spaces shall assign at least 10 percent of the spaces to priority parking for car pools. Such spaces shall be identified on all precise plans of development. p. Unless otherwise agreed to in writing by the applicable school districts, not less than two (2) elementary schools, totaling 26.4 acres, shall be reserved in the locations and of the sizes identified on the Hassayampa Ranch Development Master Plan land use plan. To help ensure compliance, at the time of each preliminary plat submittal the master developer shall include a description of the status of the required number and type of schools and acreage referenced in this stipulation. Elementary Schools are prohibited from fronting on arterial streets. q. The master developer shall notify all future residents that they are not located within an incorporated municipality, and therefore will not be represented by or be able to petition a citizen-elected municipal government. Notification shall also state that residents will not have access to municipally-managed services such as police, fire, parks, water, sewer, libraries, and refuse collection. Such notice shall be included on all final plats, be permanently posted on the front door of all home sales offices on not less than an 8½ by 11 inch sign, and be included in all homeowner association covenants, conditions, and restrictions (CC&Rs). r. Prior to approval of the first final plat, the master developer shall establish Covenants, Conditions, and Restrictions (CC&Rs) for the Hassayampa Ranch DMP. These CC&Rs shall include age restrictions as outlined in the narrative report referenced in stipulation ‘a.’ It shall be the responsibility of the Homeowner’s Association to enforce these restrictions. Failure to comply with this stipulation will be considered substantial non-compliance with this DMP as referenced in stipulations ‘a’ and ‘b’ and grounds for the Maricopa County Board of Supervisors, upon recommendation by the Maricopa County Planning and Zoning Commission, to consider revoking the approved development master plan and any associated zoning changes. s. All park facilities shall be completed concurrently with residential development within the respective parcel(s) shown on each plat. Park facilities and amenities shall be identified on all applicable plats, and are subject to review by the Maricopa County Planning and Development Department. Formal Meeting Minutes Wednesday, December 07, 2016 Page 7 of 98 t. Not less than 364 acres shall be reserved for Recreational Open Space land use in the locations depicted on the Hassayampa Ranch Development Master Plan land use plan. This includes no less than 52 acres for neighborhood parks and community recreation centers, and a minimum of 38 mini/pocket parks at a minimum of one acre each. At the time of each preliminary plat submittal, the master developer shall include a description of the status of the cumulative Recreational Open Space acreage completed to that point with respect to the requirements outlined in this stipulation. A description of the types of recreational amenities that will be included in the Recreational Open Space shall also be submitted with each applicable preliminary plat to the Maricopa County Planning and Development Department. u. Not less than 412 acres shall be reserved for Dedicated/Non-Developable Open Space in the locations depicted on the Hassayampa Ranch Development Master Plan land use plan. At the time of each preliminary plat submittal, the master developer shall include a description of the status of the cumulative Dedicated/Non-Developable Open Space set aside to that point with respect to the requirements outlined in this stipulation. No development shall be allowed in these areas, and any disturbance to such areas is subject to approval by the Maricopa County Planning and Development Department. v. Not less than two community recreation centers, 2.7 and 6.6 acres respectively, shall be reserved at the locations identified on the Hassayampa Ranch Development Master Plan land use plan. w. The Hassayampa Ranch Development Master Plan shall be developed sequentially as identified on the phasing exhibit. All parcels depicted on this exhibit as “Active Adult” shall be age-restricted, and shall include no less than 1,971 of the 5,707 total residential units allowed. To help ensure compliance, the cumulative number of age-restricted dwelling units permitted to that point shall be identified on each preliminary and final plat. x. Prior to any zoning change, the applicant shall provide the Maricopa County Planning and Development Department with a “will serve” letter for fire protection from the Tonopah Valley Fire District or another qualified public or private service provider demonstrating commitment to serve the entire Hassayampa Ranch Development Master Plan. y. Not less than 40.8 acres (or equivalent measurement) shall be reserved for Mixed-Use land uses. To help ensure consistency with the Maricopa County Development Master Plan Guidelines for balanced land use, no less than 30 of the 40.8 acres (or equivalent measurement) shall be reserved for non-residential and non-retail commercial uses. At the time of each preliminary plat and precise plan submittal for the applicable parcels, the master developer shall include a description of the status of the cumulative acreage of the non-residential and non-retail commercial uses completed to date as required per this stipulation. z. Not less than 27.1 acres shall be reserved for a Community Retail Center. To help ensure consistency with the Maricopa County Development Master Plan Guidelines for balanced land use, no less than ten (10) of the 27.1 acres shall be zoned C-O. At the time of each precise site plan submittal for the applicable parcels, the master developer shall include a description of the status of cumulative acreage of C-O zoned to date as required per this stipulation. aa. Not less than 4 acres shall be reserved to facilitate an emergency response station for the fire district and the Maricopa County Sheriff’s Office to be located at the site identified on the land use exhibit. Written confirmation from the Tonopah Valley Fire District (or selected fire service provider) and the Maricopa County Sheriffs Office that the 4 acre site is sufficient to meet their response needs shall be provided to the Maricopa County Formal Meeting Minutes Wednesday, December 07, 2016 Page 8 of 98 Planning and Development Department prior to any zoning change. If additional emergency response stations are necessary or if the proposed site is requested by either agency to be relocated, the applicant shall process a major amendment to this DMP which is subject to Board of Supervisors approval. bb. Prior to any zoning change, the applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and an approved certificate of convenience and necessity (CC&N) from Global Water Resources which demonstrates a willingness and capability to serve the entire Hassayampa Ranch Development Master Plan. cc. The applicant shall submit to the Maricopa County Planning and Development Department a “will serve” letter and verification of approval by the Maricopa Association of Governments (MAG) of a 208 Amendment from Global Water Resources. The “will serve” letter shall demonstrate a willingness and capability to serve the entire Hassayampa Ranch Development Master Plan with wastewater service. The required MAG 208 amendment shall be approved by MAG prior to any zoning change. dd. Development shall be prohibited on hillside slopes of 20% or greater slope unless approved by the Maricopa County Board of Supervisors. Building envelopes shall be used for any development on slopes of 15% or greater, in which no disturbance shall be allowed outside such envelopes unless approved by the Maricopa County Board of Supervisors. ee. Prior to approval of each preliminary plat, the master developer shall submit a landscaping inventory and salvage plan which identifies and assesses the native trees and cacti within the applicable platted parcels, and which determines the preservation/disposition for each of the selected native trees and cacti to the Maricopa County Planning and Development Department. ff. The following Maricopa County Department of Transportation stipulations shall apply: 1. The applicant shall provide a Traffic Impact Study (TIS) prior to the first final plat approval and with each development phase to reflect current conditions and any changes to the development plan. The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The TIS must be approved before subsequent approval of any roadway improvement plans. Additional lane capacity on offsite alignments will be reviewed with each resubmittal of the TIS. The project must comply with all recommendations in the MCDOT-approved TIS. 2. The applicant shall design, construct, and install the transportation infrastructure necessary to serve the property as demonstrated by any TIS submitted by the applicant and approved by MCDOT pursuant to item1 above, and as further detailed within a Development Agreement between the applicant and Maricopa County. The Development Agreement shall be an enforceable contract, regardless of annexation. 3. The applicant shall provide the ultimate full or half-width of right-of-way for all public roadways as follows: A. Bethany Home Road: 65 feet (entire north boundary of project) B. Camelback Road: 100 feet and 200 feet C. Indian School Road: 65 feet D. 343rd Avenue: 65 feet E. 339th Avenue: 200 feet (the applicant shall dedicate 200 feet of right-of-way for 339th Avenue from Camelback Road to Bethany Home Road. Compensation for any dedication in excess of the 130 feet may be credited toward the developer’s contribution. The applicant shall reserve an additional 100 feet of right–of-way on the west side of the 200 feet of right-of-way for 339th Avenue [the “Reserved Area”] for possible expansion of 339th Avenue for freeway purposes. Said reservation shall remain until December 31, 2007 [the Formal Meeting Minutes Wednesday, December 07, 2016 Page 9 of 98 “Reservation Period”]. During the Reservation Period, the Reserved Area may not be developed for any use except utilities, landscaping, staging, or excess parking. Should Maricopa County elect to require the dedication of all or any portion of the Reserved Area, compensation for such dedication shall be credited toward the developer’s contribution). F. 335th Avenue: 80 feet G. 331st Avenue: 65 feet and 130 feet (from Indian School Road to Camelback Road) H. East/West Collector Road: 80 feet The above references interior and perimeter roads (the project boundary is the centerline of all perimeter roadways and/or roadway alignments). Full width right-of-way shall be provided where the entire roadway is within the development (interior roadways). Half- width right-of-way shall be provided where “half” of the roadway is within the development (perimeter roadways). Additional right-of-way shall be dedicated at any intersection where future dual left turn lanes are possible. The widened right-of-way section shall accommodate the length of the left turn lane, including reverse curves. 4. Unless approved otherwise by MCDOT, the applicant shall be responsible for design and construction of the ultimate full-width of all interior roadways, and the ultimate half- width of all perimeter roadways, except that the applicant shall only be responsible for the construction of the ultimate half-width of Bethany Home Road from the western boundary of Hassayampa Ranch to 339th Avenue. All roadways must meet county standards in effect at the time they are improved. Half-width roadways must be designed so as to safely carry two-way traffic until the ultimate roadway is constructed. 5. The applicant is responsible for assuring paved access to their site at the time of the first final plat. 6. The applicant shall provide all-weather access to all parcels and lots, and on all arterial roadways. Not withstanding the foregoing, no all-weather access is required to be provided to Parcel 38, provided it is designated as undeveloped open space. 7. The applicant shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 8. The applicant shall not locate elementary or middle schools fronting or siding on arterial roads. Pedestrian routes to school (Safe Routes To School Program) shall be planned so if necessary, school routes shall only cross arterials at signalized intersections or at grade separated crossings. 9. The applicant shall design the development to promote pedestrian, bicycle, and other alternative modes of transportation to public facilities within and adjacent to the site (i.e. bus bays, electric vehicles, shared accommodations, internal trail systems, etc). Trail system crossings of arterials at other than signalized intersections shall be grade separated. 10. If streetlights are provided, installation shall be provided by the applicant. If streetlights are within public rights-of-way, a Street Light Improvement District (SLID) or comparable authority shall be established to provide operation and maintenance. The applicant should contact the Office of the Superintendent of Streets (602-506-8797) to initiate the SLID process. 11. The applicant shall design landscaping to comply with all MCDOT requirements and to conform to Chapter 9 of the MCDOT Roadway Design Manual. The applicant (or as assigned to the Home Owner’s Association (HOA) shall be responsible for maintenance of landscaping within public rights-of-way. 12. The applicant shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 13. The applicant shall comply with all applicable local, state, and federal requirements (dust control, noise mitigation, AZPDES, 404 permitting, etc.). 14. The applicant shall consult with ADOT regarding access to the I-10 freeway. The applicant shall provide written documentation of ADOT’s review and response. Formal Meeting Minutes Wednesday, December 07, 2016 Page 10 of 98 15. If required by the MCDOT approved TIS referred to in item 1 above, the applicant shall provide right-of-way and construct a roadway along 339th Avenue from Camelback Road south to Indian School Road. 16. Throughout the DMP process, the applicant is required to make certain right-of-way dedications and provide certain roadway construction. Pending the completion of the Interstate 10 – Hassayampa Valley Roadway Framework Study, and completion of other similar studies, MCDOT may determine that such rights-of-way and/or roadway construction may not be necessary. gg. At the time each residential building permit is issued, two-hundred fifty dollars ($250) per residential unit will be paid by the developer to a park enhancement fund for trails and facilities enhancement and maintenance. The county shall deposit and hold all receipts in the parks special revenue fund for the specific purposes stated above. All interest earned on the fund shall remain an asset of the fund. The assets of this fund are not intended to replace existing county appropriations for similar purposes, but rather are intended as supplemental resources resulting from additional park usage by Hassayampa Ranch residents. Details regarding this assessment are to be addressed in the Development Agreement. hh. The following Maricopa County Department of Emergency Management stipulations shall apply: 1. Adequate coverage by the existing Outdoor Warning Siren System for the Palo Verde Nuclear Generation Station is required. Otherwise, the applicant shall be responsible for installation of adequate additional sirens providing for adequate coverage for the Hassayampa Ranch Development Master Plan. The applicant shall obtain information on existing siren coverage from the Maricopa County Department of Emergency Management. If existing coverage is inadequate, the master developer shall provide funding to cover expenses of installing new sirens. Palo Verde Nuclear Generating Station will coordinate installation of the sirens. Siren coverage must meet the standards set forth in CODE OF FEDERAL REGULATIONS FEMA RULE 44 – PART 350. Adequate siren coverage shall be provided prior to the occupation of any proposed buildings/residences. 2. Prior to any zoning change, the applicant shall consult with the Maricopa County Department of Emergency Management to determine if the proposed development adversely impacts the existing Palo Verde evacuation plan. If the proposed development adversely impacts the evacuation plan results, then the applicant shall ensure that adequate provisions (street and road widening, interchanges, etc.) are provided to ensure evacuation assumptions and requirements are met. 3. The applicant shall ensure that public safety information regarding nuclear emergencies is initially provided to any new residents or building occupants. The applicant shall obtain this information from the Palo Verde Nuclear Generating Station – Emergency Planning Department. All costs associated with the duplication and dissemination of the initial distribution shall be assumed by the applicant. Thereafter, the Palo Verde Nuclear Generating Station will provide this public safety information annually. ii. The following Maricopa County Library District stipulation shall apply: 1. At the time each residential building permit is issued, the applicant shall pay a quality of life assessment in the amount of $596 for each residential unit to the Maricopa County Library District. jj. The following Maricopa County Sheriff’s Office stipulation shall apply: 1. Prior to any zoning change, the master developer shall enter into a development agreement with the Maricopa County Sheriff’s Office. This development agreement shall include, but not necessarily be limited to, the master developer’s requirement to donate at no cost to the county, for use by the Maricopa County Sheriff’s Office, separate office space (the size to be determined in the development agreement) for an on-site law Formal Meeting Minutes Wednesday, December 07, 2016 Page 11 of 98 enforcement building for the Sheriff’s Office to conduct day-to-day business related to providing law enforcement services to Hassayampa Ranch and surrounding areas. The office space complete with tenant improvements per Maricopa County Sheriff’s Office requirements and associated parking shall be provided not later than two (2) years from the opening of the first model home complex within the DMP, or as agreed to in the development agreement. This development agreement shall also include, but not necessarily be limited to, the master developer’s requirement to pay for start up costs and interim fees for law enforcement services associated with the property unless it is annexed into an incorporated municipality or until a full law enforcement service contract is otherwise implemented. This development agreement shall be signed by both the master developer and the Maricopa County Sheriff’s Office, and provided to the Maricopa County Planning and Development Department for public record. kk. The master developer shall notify future residents that they are located within the vicinity of a military training route with the following notification: “You are buying a home or property within the vicinity of a military training route, and may be subject to direct overflights and noise by Luke Air Force Base and other military jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 over flights per day, although Luke’s primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range, and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base’s normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends.” Such notification shall be permanently posted in front of all home sales offices on not less than a 3 foot by 5 foot sign, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, be included in all covenants, conditions, and restrictions (CC&Rs), and be included in the public report. ll. The property owner and their successors waive claim for diminution in value if the County takes action to rescind approval of this Development Master Plan due to noncompliance with any of the approved stipulations. mm. Approval of this Development Master Plan with Protected Development Rights does not guarantee any specific zoning entitlement within the identified land use category. (C- 44-17-044-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo PZ-2. LOGISTICS CENTER: PHOENIX Formal Meeting Minutes Wednesday, December 07, 2016 Page 12 of 98 Case #: MCP2016002 Supervisor District: 4 Applicant/Owners: Burch & Cracchiolo, P.A. / Wolf Family Enterprises Limited Partnership and Maricopa County Flood Control District Request: Military Compatibility Permit (MCP) without precise Plan of Development for a railroad served industrial facility in the Rural-43, AD-1 and AD-2 Military Airport and Ancillary Military Facility Overlay Zoning District Site Location: Generally located south of Peoria Ave., north of Northern Ave., east of Reems Rd. and west of 143rd Ave. in the Glendale area. Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of MCP2016002 subject to conditions ‘a’ – ‘r’: Provided the following conditions are met: a. Development of the site shall be in conformance with the Narrative Report entitled, “Logistics Center: Phoenix”, consisting of 31 pages, dated revised September 9, 2016, and stamped received September 9, 2016, except as modified by the following conditions. b. The following industrial land uses shall be allowed within the 65 – 69 LDN pursuant to MCZO: Transportation, Communications, and Utilities 1. Railroad and rapid rail transit 2. Highway ad street right-of-way 3. Motor vehicle parking 4. Communications (noise sensitive) 5. Utilities 6. Other transportation, communications and utilities Commercial/Retail Trade 1. Wholesale Trade 2. Building materials – retail 3. General merchandise – retail 4. Food retail 5. Automotive and marine 6. Apparel and accessories – retail 7. Eating and drinking places 8. Furniture and home furnishings – retail 9. Other retail trade Personal & business services 1. Finance, insurance, real estate 2. Personal services 3. Business services 4. Repair services 5. Contract construction services 6. Indoor recreation services 7. Other services Industrial/Manufacturing Formal Meeting Minutes Wednesday, December 07, 2016 Page 13 of 98 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Professional, scientific and controlling instruments 15. Miscellaneous manufacturing Public and Quasi-Public Services 1. Government Services 2. Cultural activities, including churches 3. Medical and other health services 4. Cemeteries 5. Nonprofit organizations 6. Correctional facilities 7. Other public and quasi-public services Outdoor Recreation 1. Playgrounds and neighborhood parks 2. Community and regional 3. Nature exhibits 4. Spectator sports, incl. arenas 5. Golf courses and riding stables 6. Water based recreational areas 7. Resort and group camps 8. Auditoriums and concert halls 9. Outdoor amphitheaters and music shells Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Fishing activities and related services 5. Permanent open space 6. Water areas (not incidental to farming) c. The following industrial land uses shall be allowed within the 70 – 74 LDN pursuant to MCZO: Transportation, Communications, and Utilities 1. Railroad and rapid rail transit 2. Highway ad street right-of-way 3. Motor vehicle parking 4. Communications (noise sensitive) 5. Utilities 6. Other transportation, communications and utilities Commercial/Retail Trade Formal Meeting Minutes Wednesday, December 07, 2016 Page 14 of 98 1. Wholesale Trade 2. Building materials – retail 3. General merchandise – retail 4. Food retail 5. Automotive and marine 6. Apparel and accessories – retail 7. Eating and drinking places 8. Furniture and home furnishings – retail 9. Other retail trade Personal & business services 1. Finance, insurance, real estate 2. Personal services 3. Business services 4. Repair services 5. Contract construction services 6. Indoor recreation services 7. Other services Industrial/Manufacturing 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Professional, scientific and controlling instruments 15. Miscellaneous manufacturing Public and Quasi-Public Services 1. Government Services 2. Cultural activities, including churches 3. Medical and other health services 4. Cemeteries 5. Nonprofit organizations 6. Correctional facilities 7. Other public and quasi-public services Outdoor Recreation 1. Playgrounds and neighborhood parks 2. Community and regional 3. Spectator sports, incl. arenas 4. Golf courses and riding stables 5. Water based recreational areas 6. Resort and group camps 7. Auditoriums and concert halls 8. Outdoor amphitheaters and music shells Resource Production, Extraction and Open Space Formal Meeting Minutes Wednesday, December 07, 2016 Page 15 of 98 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Fishing activities and related services 5. Permanent open space 6. Water areas (not incidental to farming) d. The following industrial land uses shall be allowed within the 75 – 79 LDN pursuant to MCZO: Transportation, Communications, and Utilities 1. Railroad and rapid rail transit 2. Highway ad street right-of-way 3. Motor vehicle parking 4. Communications (noise sensitive) 5. Utilities 6. Other transportation, communications and utilities Commercial/Retail Trade 1. Wholesale Trade 2. Building materials – retail 3. General merchandise – retail 4. Food retail 5. Automotive and marine 6. Apparel and accessories – retail 7. Eating and drinking places 8. Furniture and home furnishings – retail 9. Other retail trade Personal & business services 1. Finance, insurance, real estate 2. Personal services 3. Business services 4. Repair services 5. Contract construction services 6. Indoor recreation services 7. Other services Industrial/Manufacturing 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Professional, scientific and controlling instruments 15. Miscellaneous manufacturing Public and Quasi-Public Services Formal Meeting Minutes Wednesday, December 07, 2016 Page 16 of 98 1. Government Services 2. Cemeteries 3. Correctional facilities Outdoor Recreation 1. Golf courses and riding stables 2. Water based recreational areas 3. Outdoor amphitheaters and music shells Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Permanent open space e. The following industrial land uses shall be allowed within the 80 – 84 LDN pursuant to MCZO: Transportation, Communications, and Utilities 1. Railroad and rapid rail transit 2. Highway ad street right-of-way 3. Motor vehicle parking 4. Other transportation, communications and utilities Commercial/Retail Trade 1. Wholesale Trade 2. Building materials – retail Personal & business services 1. Repair services Industrial/Manufacturing 1. Food and kindred products 2. Textile mill products 3. Apparel 4. Lumber and wood products 5. Furniture and fixtures 6. Paper and allied products 7. Printing and publishing 8. Chemicals and allied products 9. Petroleum refining, and related industries 10. Rubber and miscellaneous plastic 11. Stone, clay and glass products 12. Primary metal industries 13. Fabricated metal products 14. Miscellaneous manufacturing Public and Quasi-Public Services 1. Correctional facilities Resource Production, Extraction and Open Space Formal Meeting Minutes Wednesday, December 07, 2016 Page 17 of 98 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Forestry activities 4. Permanent open space f. The following industrial land uses shall be allowed within the Accident Potential Zone 1 (APZ 1) pursuant to MCZO: Transportation, Communications, and Utilities 1. Highway ad street right-of-way 2. Motor vehicle parking 3. Communications (noise sensitive) 4. Utilities 5. Other transportation, communications and utilities Outdoor Recreation 1. Playgrounds and neighborhood parks 2. Community and regional 3. Golf courses and riding stables Resource Production, Extraction and Open Space 1. Agriculture (except livestock) 2. Livestock farming and animal breeding 3. Permanent open space g. The following Rural-43 Military Airport and Ancillary Military Facility Overlay zoning District Military Compatibility Permit standards shall apply: 1. Maximum Building height: 100’ developer shall submit FAA form 7460-1 to the FAA Regional Office to establish allowable building heights. 2. Minimum Front Yard Setback: 25’ 3. Minimum Side Yard Setback: 15’ 4. Minimum Street-Side Yard Setback: 25’ 5. Minimum Rear Yard Setback: 15’ 6. Maximum Lot Coverage: 60% of individual parcels 7. Screening: Loading docks and outdoor storage within 100’ of a residential district must be screened by a 6’ CMU wall. 8. Parking: Per MCZO, Chapter 11, Section 1102 9. Lot Area: 35,000 sq. ft. h. The following AD-1 Military Airport and Ancillary Military Facility Overlay Zoning District Military Compatibility Permit standards shall apply: 1. Maximum Building height: Approximately 35’ in the AD-1 area of the site. Developer shall submit FAA form 7460-1 to the FAA Regional Office to establish allowable building heights. 2. Minimum Front Yard Setback: 25’ 3. Minimum Side Yard Setback: 15’ 4. Minimum Street-Side Yard Setback: 25’ 5. Minimum Rear Yard Setback: 15’ 6. Maximum Lot Coverage: 60% of individual parcels 7. Screening: Loading docks and outdoor storage within 100’ of a residential district must Formal Meeting Minutes Wednesday, December 07, 2016 Page 18 of 98 be screened by a 6’ CMU wall. 8. Parking: Per MCZO, Chapter 11, Section 1102 9. Lot Area: 35,000 sq. ft. i. The following AD-2 Military Airport and Ancillary Military Facility Overlay Zoning District Military Compatibility Permit standards shall apply: 1. Maximum Building height: Approximately 35’ in the AD-2 area of the site. Developer shall submit FAA form 7460-1 to the FAA Regional Office to establish allowable building heights. 2. Minimum Front Yard Setback: 25’ 3. Minimum Side Yard Setback: 15’ 4. Minimum Street-Side Yard Setback: 25’ 5. Minimum Rear Yard Setback: 15’ 6. Maximum Lot Coverage: 60% of individual parcels 7. Screening: Loading docks and outdoor storage within 100’ of a residential district must be screened by a 6’ CMU wall. 8. Parking: Per MCZO, Chapter 11, Section 1102 9. Lot Area: 35,000 sq. ft. j. No use shall interfere with the flight operations at Luke Air Force Base. k. Luke Air Force Base has included the following restrictions within the subject site: 1. No new ponds or water features. 2. No new building or improvements or expansion of buildings for uses that result in the release of any substance into the air that would impair visibility or otherwise interfere with operating aircraft, such as any of the following: i. Steam, dust and smoke. ii. Direct or indirect reflective light emissions. iii. Electrical emissions that would interfere with aircraft and Air Force communications or navigational aid systems or aircraft navigational equipment. iv. No development that will attract birds or waterfowl such as operations of sanitary landfills or maintenance of feeding stations. v. Explosive facilities or similar activities. vi. The above listed restrictions apply to this proposed development only. If during construction the existing farm ponds need to be relocated to accommodate development and/or to allow ongoing farming and water conservation it will not have a negative impact on Luke AFB flying operations with assurance the new location will not create additional risk to Luke AFB flying operations. l. The following Planning Engineering conditions shall apply: 1. Consent from the Flood Control District of Maricopa County Property Management Division is required for inclusion of Accessor Parcel Number 501-42-009D in this application. 2. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to drainage design, access, roadway alignments and required right-of-way dedications. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 3. A Traffic Impact Study to address traffic impacts, right-of-way dedications and roadway improvements required to support the proposed development must be submitted with the Plan of Development application. 4. The site contains Special Flood Hazard Areas (SFHA) (Floodplain – Zone A west of Formal Meeting Minutes Wednesday, December 07, 2016 Page 19 of 98 143rd Avenue alignment). As development plans progress for this site, provision(s) for compliance with the Maricopa County Floodplain Use Regulations must be addressed. Alternatively, alteration or eliminations of the SFHAs must be approved by the Flood Control District of Maricopa County and FEMA through the CLOMR/LOMR process. 5. Submission of CLOMR application to the Flood Control District must be prior to or concurrent with the application for a precise plan of development to Planning and Development. 6. Approval of the CLOMR by FEMA must be obtained prior to the issuance of any building permits on the site. m. The following Maricopa County Environmental Services Department (MCESD) condition shall apply: 1. Public water and sewer infrastructure improvement plans must be reviewed, approved and Approval to Construct (ATC) issued by MCESD before any construction permit is obtained. n. 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. o. All buildings subject to noise attenuation as per ARS § 28-8482(B). p. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. q. 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. r. 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-44-17-045-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo PZ-3. VARGAS WALL Formal Meeting Minutes Wednesday, December 07, 2016 Page 20 of 98 Case #: MCP2016004 Supervisor District: 4 Applicant/Owner: Reece Angell Rowe Architects. / Jose Vargas Request: Military Compatibility Permit (MCP) with precise Plan of Development for storage of construction equipment, office and warehouse in the Rural-43 Military Airport and Ancillary Military Facility Overlay Zoning District Site Location: Generally located approximately 100’ south from the southeast corner of Glendale Avenue and Sarival Avenue in the Glendale area. Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of MCP2016004 subject to conditions ‘a’ – ‘i’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Vargas Wall“, consisting of 1 full-size sheet, dated August 26, 2016, and stamped received September 15, 2016, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled, “Narrative Report MCP Application for MCP2016004 Construction Equipment Storage and Warehouse Facility”, consisting of 4 pages, dated revised August 2016, and stamped received September 15, 2016, except as modified by the following conditions. c. The following Military Compatibility Permit standards shall apply: 1. Minimum Street-side Yard Setback: 0’ 2. Minimum Lot Width: 133’ 3. Freestanding monument signage: 24’ max height, 150 sq. ft. maximum sign face. d. The following Planning Engineering conditions shall apply: 1. Detailed Grading and Drainage Plans showing new site improvements must be submitted for the acquisition of building permits. 2. A MCDOT right-of-way permit will be required for the proposed driveway on to Sarival Avenue. The proposed driveway shall meet the requirements as outlined in the MCDOT Roadway Design Manual. The right-of-way permit will be issued concurrently with the 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. f. All 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, Formal Meeting Minutes Wednesday, December 07, 2016 Page 21 of 98 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-44-17-050-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo PZ-4. BANNER BOSWELL Case #: Z2016069 Supervisor District: 4 Applicant/Owner: SmithCraft / Banner Health Request: Modification of Condition Site Location: Located approx. 300’ from the SWC of Thunderbird Blvd. and 103rd Ave. Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of Z2016069 subject to conditions ‘a’ – ‘f’: Provided the following conditions are met: a. Development of the site shall be in substantial conformance with the Sign Plan entitled “Banner Boswell Medical Center: Exterior Sign Package”, consisting of sixty five (65) 8 ½ x 11 sheets, dated received on June 26, 2015. Sign location #46 shall be modified with the sign exhibit dated received on September 14, 2016, consisting of two 11’’ x 17’’ sheets, except as modified by the following conditions. b. Development of the site shall comply with the Narrative entitled “Banner Boswell Medical Center”, consisting of one (1) page, dated received on June 26, 2015, except as modified by the following conditions. c. Development of the site shall comply with the Site Plan entitled “Banner Boswell Medical Center: Sign Location Plan”, consisting of one (1) 8 ½ x 11 sheet dated received on June 29, 2015, except as modified by the following conditions. d. The proposed exterior sign upgrades must meet the location and size specifics as provided in the conditioned sign plan unless the signs can meet the zoning requirements required in the Maricopa County Zoning Ordinance (MCZO). Formal Meeting Minutes Wednesday, December 07, 2016 Page 22 of 98 e. The following Drainage Engineering condition shall apply: 1. Show on the building permit plans clear sight triangles to demonstrate that the signs conform to Section 1111.4.2 of the Maricopa County Zoning Ordinance. f. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the zone change, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the zone change, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the 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-44-17-043-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo PZ-5. NEIGHBORHOOD STORAGE, LLC Case #: Z2004067 Supervisor District: 3 Applicant/Owner: Gerald L. Elliott / Gerald & Carol Elliott, and Christine Ghiotto Request: Removal of Special Use Permit Z2004067 for a Mini-Storage Facility in the R-4 Multiple Family District Site Location: Generally located approximately 1,600’ from the northwest corner of New River Rd. and Black Canyon Hwy. in the New River area Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval to rescind the Special Use Permit Z2004067. (C-44-17-047-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo PZ-6. NEIGHBORHOOD STORAGE, LLC Case #: Z2016045 Supervisor District: 3 Formal Meeting Minutes Wednesday, December 07, 2016 Page 23 of 98 Applicant/Owner: Gerald L. Elliott / Gerald & Carol Elliott, and Christine Ghiotto Request: Zone Change from R-4 Multi-Family Residential to C-2 CUPD Commercial Unit Plan of Development Site Location: Generally located approximately 1,600’ from the northwest corner of New River Rd. and Black Canyon Hwy. in the New River area Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of Z2016045 subject to conditions ‘a’ – ‘d’ Provided the following conditions are met: a. Development of the site shall comply with the Zoning Exhibit entitled “Neighborhood Storage,” consisting of 1 full-size sheet, dated February 15, 2005 and stamped received June 28, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Removal of Special Use Permit #Z2004067 and Zone change from R-4 to C-2 Commercial”, consisting of 3 pages, undated, and stamped received June 28, 2016 except as modified by the following conditions. c. A Commercial Unit Plan of Development (CUPD) is applied to the site. This site shall be limited to mini-storage with caretaker’s quarters. Any change of use of the site will require a major amendment to the CUPD. d. 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-44-17-048-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo PZ-7. CROWN PIONEER Case #: Z2016040 Supervisor District: 3 Formal Meeting Minutes Wednesday, December 07, 2016 Page 24 of 98 Applicant/Owner: Michael Campbell / Arizona State Land Department Request: Special Use Permit (SUP) for a Wireless Communication Facility (WCF) – 45’-8” monopole in the Rural-43 zoning district Site Location: Located approximately 900’ from the northeast corner of Pioneer Rd. and Gavilan Peak Pkwy. Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of Z2016040 subject to conditions ‘a’ – ‘i’. Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Crown Castle Site #: BUN: 807396”, consisting of five (5) full-size sheets, dated July 28, 2016, and stamped received August 19, 2016, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Project Narrative Special Use Permit Z2016040,” consisting of eight (8) pages, dated revised August 2, 2016, and stamped received August 19, 2016. c. The maximum height of the Wireless Communication Facility including all antennas and other appurtenances shall be limited to 80’. d. A Minor Amendment shall be required to co-locate future carriers on the Wireless Communication Facility. e. This Special Use Permit shall expire 25 years from the date of approval by the Board of Supervisors, inactivity for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. f. The applicant/owner shall submit a written report outlining the status of the development at the end of 5 years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. g. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by staff of the Planning and Development Department. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that Formal Meeting Minutes Wednesday, December 07, 2016 Page 25 of 98 either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-17-046-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo PZ-8. ALLEN RANCHES Case #: CPA2016004 Supervisor District: 4 Applicant/Owner: HilgartWilson / Allen Ranches LLC Request: Comprehensive Plan Amendment (CPA) to change the land use designation of Rural Densities (0-1 d.u./ac.) to Single Family – Large Lot (1-2 d.u./ac.). CPA approval is by Resolution. Site Location: Generally located at the northeast corner of Camelback Rd. and Citrus Rd. in the Glendale area Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of CPA2016004 subject to conditions ‘a’ – ‘d’. Provided the following conditions are met: a. Development and use of the site shall comply with the narrative report entitled, “Allen Ranches Comprehensive Plan Amendment”, including all exhibits dated revised September 1, 2016, except as modified by the following conditions. b. Until approval of the first final plat, the applicant shall submit a written report every five years from the date of Board of Supervisors approval of CPA2016004 which details the status of this project, including progress on obtaining necessary entitlements, licenses, and permits; compliance with the conditions of approval; compliance with the approved narrative report; compliance with the approved land use plan; and confirmation that the approved land use plan still represents appropriate land use planning for the property and unincorporated Maricopa County in accordance with the goals and policies in its comprehensive and applicable area plan. If said written report is found by Staff to indicate that progress toward development has not been sufficient, or if Staff determines that the approved land use plan is no longer appropriate, this report shall be scheduled for public hearing by the Maricopa County Board of Supervisors (Board), upon recommendation by the Maricopa County Planning and Zoning Commission (Commission), to consider whether this comprehensive plan amendment is still appropriate, and whether the land use designations associated with this comprehensive plan amendment still represent appropriate long-term land use planning in accordance with the goals and policies of the Maricopa County Comprehensive Plan and applicable area plan. If the Board rescinds this comprehensive plan amendment and reverts the current land use designations back to Rural Densities (0-1 d.u./ac.), all entitlements associated with this project that were Formal Meeting Minutes Wednesday, December 07, 2016 Page 26 of 98 conditional pursuant to the Maricopa County Zoning Ordinance may also be considered by the Board, upon recommendation by the Commission, for reversion to the prior entitlements. In such an event, the comprehensive plan land use map, area plan land use map, and, as applicable, zoning map shall be altered to reflect Board action. c. The total number of residential units shall not exceed 734 dwelling units. d. 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, following notice to the landowner and appropriate opportunity to cure any such failure, the property may be changed to the land use designation that existed on the date of application by action of the Board of Supervisors with due notice and hearing, upon recommendation by the Planning and Zoning Commission with due notice and hearing. It is, therefore, stipulated and agreed that 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. The Comprehensive Plan Amendment enhances the value of the property above its value as of the date the Comprehensive Plan Amendment is granted and changing to the prior land use designation results in the same value of the property as if the Comprehensive Plan Amendment had never been granted. (C-44-17-052-M-00) RESOLUTION OF AMENDMENT Maricopa County Board of Supervisors Vision 2030, Maricopa County Comprehensive Plan Resolution Amending the Maricopa County Comprehensive Plan — Case Number: CPA2016004 December 7, 2016 BE IT RESOLVED by the Maricopa County Board of Supervisors as follows: WHEREAS, Maricopa County adopted its Comprehensive Plan in accordance with Arizona Revised Statutes to help bring about coordinated physical development consistent with the present and future needs of Maricopa County; and WHEREAS, Maricopa County recognizes the importance of having a comprehensive plan amendment process so that this plan can be responsive and flexible to meet the changing conditions of Maricopa County; and WHEREAS, Maricopa County has procedures to determine when comprehensive plan amendments are necessary, how comprehensive plan amendments are processed, and at what point comprehensive plan amendments can be presented at a public hearing by the Board of Supervisors, upon recommendation by the Planning and Zoning Commission; and WHEREAS, Arizona Revised Statutes requires that amendments to the Formal Meeting Minutes Wednesday, December 07, 2016 Page 27 of 98 Comprehensive Plan be approved by resolution of the Board of Supervisors; and WHEREAS, the Maricopa County Board of Supervisors has carefully considered this comprehensive plan amendment, has held a public hearing regarding this comprehensive plan amendment, and finds that this comprehensive plan amendment constitutes an overall improvement to the Maricopa County Comprehensive Plan, and to Maricopa County in general. NOW, THEREFORE BE IT RESOLVED that the comprehensive plan amendment for case number CPA2016004, is hereby approved this 7th day of December 2016. /s/ Clint Hickman, Chairman /s/ Fran McCarroll, Clerk of the Board /s/ Darren Gerard, Deputy Director of Planning and Development Motion to concur with the recommendation of the Planning Commission for approval by Resolution by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo PZ-9. ALLEN RANCHES Case #: Z2016044 Supervisor District: 4 Applicant/Owner: HilgartWilson / Allen Ranches LLC Request: Zone Change from Rural-43 to R1-6 RUPD, R1-7 RUPD, R1-8 RUPD, R1-10 RUPD, R1-18 RUPD Residential Unit Plan of Development (RUPD) with a Planned Area of Development (PAD) overlay Site Location: Generally located at the northeast corner of Camelback Rd. and Citrus Rd. in the Glendale area Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of Z2016044 subject to conditions ‘a’ – ‘o’. Provided the following conditions are met: a. Development of the site shall comply with the Zoning Exhibit entitled, “Allen Ranches, Maricopa County Residential Unit Plan of Development”, consisting of 2 full size sheets, dated revised September 2016, and stamped received September 8, 2016, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled, “Allen Ranches Residential Unit Plan of Development and Planned Area Development” consisting of 97 pages, dated revised September 6, 2016, and stamped received September 8, 2016, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will sever’ letter from Rural Metro Fire Department, or other fire department acceptable to Maricopa County, 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, December 07, 2016 Page 28 of 98 d. The following Planning Engineering conditions shall apply: 1. Half-width right-of-way dedications (with subdivision plats) will be required as follows: Camelback Road: 65 feet Citrus Road: 55 feet Bethany Home Road: 55 feet 2. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 3. A Traffic Impact Study to address traffic impacts and roadway improvements required to support the proposed development must be submitted with the Preliminary Plat application(s). 4. The site contains Special Flood Hazard Areas (SFHA) (Floodplain – Zone AE along the north side of Camelback Road). As development plans progress for this site, provision(s) for compliance with the Maricopa County Floodplain use Regulations must be addressed. Alternatively, alteration or elimination of the SFHAs must be approved by the Flood Control District of Maricopa County and FEMA through the CLOMR/LOMR process. 5. Submission of a CLOMR application to the Flood Control District must be prior to or concurrent with the application for Preliminary Plat to Planning & Development. 6. Approval of the CLOMR by FEMA must be obtained prior to the issuance of any building permits on the site. e. The following R1-6 RUPD development standards shall apply: 1. Height: 30’/2 stories 2. Front Yard: 18’ or 12’ for side loaded garage or livable area of dwelling unit. 3. Side Yard: 5’ 4. Street-side Yard: 10’ 5. Rear Yard: 20’ 6. Lot Area: 6,000 sq. ft. 7. Lot Width: 55’ 8. Lot Area per Dwelling Unit: 6,000 sq. ft. 9. Lot Coverage: 60% 10. Parking Spaces: 2 f. The following R1-7 development standards shall apply: 1. Height: 30’/2 stories 2. Front Yard: 18’ or 12’ for side loaded garage or livable area of dwelling unit. 3. Side Yard: 5’ 4. Street-side Yard: 10’ 5. Rear Yard: 20’ 6. Lot Area: 7,000 sq. ft. 7. Lot Width: 60’ Formal Meeting Minutes Wednesday, December 07, 2016 Page 29 of 98 8. Lot Area per Dwelling Unit: 7,000 sq. ft. 9. Lot Coverage: 55% 10. Parking Spaces: 2 g. The following R1-8 development standards shall apply: 1. Height: 30’/2 stories 2. Front Yard: 18’ or 12’ for side loaded garage or livable area of dwelling unit. 3. Side Yard: 13’ combined, minimum 5’ on one side 4. Street-side Yard: 10’ 5. Rear Yard: 20’ 6. Lot Area: 8,000 sq. ft. 7. Lot Width: 68’ 8. Lot Area per Dwelling Unit: 8,000 sq. ft. 9. Lot Coverage: 55% 10. Parking Spaces: 2 h. The following R1-10 development standards shall apply: 1. Height: 30’/2 stories 2. Front Yard: 20’ or 15’ for side loaded garage or livable area of dwelling unit. 3. Side Yard: 15’ combined, minimum 5’ on one side 4. Street-side Yard: 10’ 5. Rear Yard: 20’ 6. Lot Area: 10,000 sq. ft. 7. Lot Width: 80’ 8. Lot Area per Dwelling Unit: 10,000 sq. ft. 9. Lot Coverage: 50% 10. Parking Spaces: 2 i. The following R1-18 development standards shall apply: 1. Height: 30’/2 stories 2. Front Yard: 25’ or 20’ for side loaded garage or livable area of dwelling unit. 3. Side Yard: 10’ 4. Street-side Yard: 15’ 5. Rear Yard: 25’ 6. Lot Area: 15,000 sq. ft. 7. Lot Width: 100’ 8. Lot Area per Dwelling Unit: 18,000 sq. ft. 9. Lot Coverage: 40% 10. Parking Spaces: 2 j. The following Onsite Permanent Sign Standards shall be allowed in the R1-6, R1-7, R1- 8, R1-10 and R1-18 RUPD zoning districts subject to the following standards: 1. Directional maximum sign area: 32 sq. ft. 2. Directional maximum height in feet: 12’ 3. Directional maximum number: 12 (strategically placed) 4. Subdivision Sign maximum sign area: 32 sq. ft. 5. Subdivision Sign maximum height in feet: 8’ 6. Subdivision Sign maximum number: 2 per entrance Formal Meeting Minutes Wednesday, December 07, 2016 Page 30 of 98 k. The following Temporary Sign Standards shall be allowed in the R1-6, R1-7, R1-8, R1- 10 and R1-18 RUPD zoning districts subject to the following standards: 1. Directional maximum sign area: 32 sq. ft. 2. Directional maximum height in feet: 12’ 3. Directional maximum number: 12 (strategically placed) l. 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. m. The property owner/s and their successors waive claim in diminution in value if the County takes action to rescind approval due to noncompliance with conditions. n. 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 may be reverted to the zoning that existed on the date of application, following notice to the landowner and appropriate opportunity to cure any such failure. Such reversion of zoning shall require notice and hearing by the Planning and Zoning Commission and notice and hearing by the Board of Supervisors. 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. o. 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, construction permit, or a time extension 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 Z2016044 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 time extensions, amendments, or revocation of zoning for undeveloped parcels if no justification is found for extension or amendment. Status reports will be required until completion of the initial subdivision infrastructure and/or construction permits for each zoning parcel R1-6 RUPD, R1-7 RUPD, R1-8 RUPD, R1-10 RUPD, R1-18 RUPD. (C-44- 17-051-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo PZ-10. ALLEN RANCHES Case #: MCP2016005 Supervisor District: 4 Formal Meeting Minutes Wednesday, December 07, 2016 Page 31 of 98 Applicant/Owner: HilgartWilson / Allen Ranches LLC Request: Military Compatibility Permit (MCP) without precise Plan of Development for commercial and industrial uses in the Rural-43 Military Airport and Ancillary Military Facility Overlay Zoning District Site Location: Generally located southwest corner of Bethany Home Rd. and Loop 303 in the Glendale area. Commission Recommendation: On 11/3/16, the Commission voted 7-0 to recommend approval of MCP2016005 subject to conditions ‘a’ – ‘j’. Provided the following conditions are met: a. Development of the site shall be in conformance with the Narrative Report entitled, “Allen Ranches”, consisting of 40 pages, dated revised October 3, 2016, and stamped received October 3, 2016, except as modified by the following conditions. b. The following land uses shall be allowed: Transportation, communication and utilities 1. Railroad and rapid rail transit. 2. Highway and street right-of-way. 3. Motor vehicle parking. 4. Communications (noise sensitive). 5. Utilities. 6. Other transportation, communication and utilities. Commercial/retail trade 1. Wholesale trade. 2. Building materials-retail 3. General merchandise-retail. 4. Food-retail. 5. Automotive and marine. 6. Apparel and accessories-retail. 7. Eating and drinking places. 8. Furniture and home furnishings-retail. 9. Other retail trade. Personal and business services 1. Finance, insurance and real estate. 2. Personal services. 3. Business services. 4. Repair services. 5. Contract construction services. 6. Indoor recreation services. 7. Other services. Industrial/manufacturing Formal Meeting Minutes Wednesday, December 07, 2016 Page 32 of 98 1. Food and kindred products. 2. Textile mill products. 3. Apparel. 4. Lumber and wood products. 5. Furniture and fixtures. 6. Paper and allied products. 7. Printing and publishing. 8. Chemicals and allied products. 9. Petroleum refining and related industries. 10. Rubber and miscellaneous plastic. 11. Stone, clay and glass products. 12. Primary metal industries. 13. Fabricated metal products. 14. Professional, scientific and controlling instruments. 15. Miscellaneous manufacturing. Public and quasi-public services 1. Government services. 2. Cultural activities, including churches. 3. Medical and other health services. 4. Cemeteries. 5. Nonprofit organizations. 6. Other public and quasi-public services. Outdoor Recreation 1. Playgrounds and neighborhood parks. 2. Community and regional. 3. Nature exhibits (within 65 – 69 LDN noise contours). 4. Spectator sports, including arenas. 5. Gold courses and riding stables. 6. Water based recreational areas. 7. Resort and group camps. 8. Auditoriums and concert halls. 9. Outdoor amphitheaters and music halls. 10. Other outdoor recreation. Resource production, extraction and open space 1. Agriculture (except livestock). 2. Livestock farming and animal breeding. 3. Forestry activities. 4. Fishing activities and related services. 5. Mining activities. 6. Permanent open space. 7. Water areas (not incidental to farming). Land Uses identified in MCZO 1. Amusement enterprises and outdoor amusement parks, excluding water parks. 2. Antique shops. 3. Arcades. 4. Art Galleries. 5. Art metal and ornamental iron shops. 6. Art needlework, handweaving and tapestries. 7. Auction sales, including swamp meet operations. 8. Automobile sales, service and rental. 9. Automobile laundries, provided steam cleaning is confined to a building. Formal Meeting Minutes Wednesday, December 07, 2016 Page 33 of 98 10. Automobile repair shops and garages, including an outside vehicle storage area to be used for vehicles under repair which shall be completely screened from any street or surrounding property and further provided all repair operations are conducted within a building. 11. New and used, automobile and golf cart sales, and rentals provided all sales, service, and repair activities are conducted within a building. 12. Automobile parts and supplies. 13. Awning and canvas store. 14. Bakery shops, including baking on premises for on-site sales only. 15. Bakeries, wholesale. 16. Banks. 17. Banks, building and loan associations, savings and loan associations, title insurance companies, trust companies, credit unions, finance companies and investment companies. 18. Bars, including retail sales of package goods for off-site consumption, provided that there is no entertainment or music audible offsite. 19. Barber and beauty shops. 20. Blueprint, Photostat and reproduction (copy) services. 21. Boat sales, service and rental. 22. Books, hand binding and tooling. 23. Book, stationery and gift shops except adult oriented facilities as defined under Chapter 2 of the Maricopa County Zoning Ordinance. 24. Bottling plants or breweries. 25. Bowling alleys. 26. Bus depots. 27. Cabinet and carpenter shops. 28. Candy shops, including manufacturing of candy on the premises for on-site sales only. 29. Catering establishments not utilizing any manufacturing process or outside storage of materials or vehicles. 30. Churches and houses of worship, including accessory columbariums provided that the building area of the columbarium shall not exceed 10% of the total building area of the church building(s), provided there are no schools or overnight stays. 31. Cleaning agencies, laundry agencies, pressing establishments and self-service laundries, including self-service dry cleaning machines, provided there is no cleaning of clothes on the premises. 32. Cleaning plants, including carpets and dyeing. 33. Clock and watch repair shops. 34. Clothing and dry good shops, including clothing and costume rental. 35. Commercial storage of mobile homes, manufactured homes, travel trailers, recreation vehicles, boats and aircraft. 36. Compounding of cosmetics and pharmaceutical products. 37. Conservatories or studios: Art, dancing or music. 38. Construction equipment, including sales, service, rental and storage. 39. Craft and hobby shops, with incidental craft or hobby instruction only. 40. Dairy products, processing of. 41. Dance halls and nightclubs, including outdoor amplified music, except adult oriented facilities as defined under Chapter 2. 42. Delicatessen shops. 43. Department stores. 44. Dress shops. 45. Drive-in restaurants and refreshment stands. 46. Drive-in or outdoor theaters. 47. Drugstores and soda fountains. 48. Electrical fixtures and appliance sales, repair and service. 49. Equipment rentals and sales, but not including equipment customarily used for heavy Formal Meeting Minutes Wednesday, December 07, 2016 Page 34 of 98 construction. 50. Farm animal (horse, cattle and other farm animal) medical clinics and surgical hospitals. 51. Farms as defined in Chapter 2 of the Maricopa County Zoning Ordinance. 52. Feed stores, inside storage only. 53. Florist shops. 54. Frozen food lockers, including processing but not slaughtering of animals. 55. Funeral homes, mortuaries and chapels. 56. Furniture stores including: new, used, finished or unfinished merchandise. 57. Gardens and community gardens as defined in Chapter 2 of the Maricopa County Zoning Ordinance. 58. Gas (butane or propane), retail sales for individual consumption such as canisters and cylinders used for grilling, camping, and other domestic uses. 59. Gasoline service stations, provided all incidental repair work is conducted wholly within a completely enclosed building and space required for such repair work does not constitute more than 60% of the floor area. 60. Grocery stores and meat markets, provided there is no slaughtering of animals or poultry on the premises. 61. Hardware shops. 62. Health spas and public gyms. 63. Household appliance shops. 64. Ice cream shops, including manufacturing of ice cream on the premises for on-site sales only. 65. Interior decorator shops. 66. Jewelry shops. 67. Jewelry, manufacture from precious metals and minerals. 68. Key, locksmith or gun shops. 69. Laboratories, medical or dental. 70. Laboratories, research, experimental and testing. 71. Laboratories, experimental, photo or motion picture, research or testing. 72. Landscape material sales provided all incidental equipment and supplies, including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least six feet in height, and no goods, materials or objects are stacked higher than the fence or wall so erected. 73. Liquor stores. 74. Lumber yards not including industrial milling or planning operations. 75. Manufacture and assembly of clay, leather, metal and glass products of a handicraft nature. 76. Manufacture and assembly of medical, dental and drafting instruments. 77. Manufacture and assembly of optical goods and equipment, watches, clocks and other similar precision instruments. 78. Manufacture and assembly of electrical or electronic apparatus, musical instruments, games and toys. 79. Manufacturing, compounding, assembling, processing, packaging or treatment of products such as candy, drugs, perfumes, pharmaceuticals, perfumed toilet soaps, toiletries, but not including the refining or rendering of fats and oils. 80. Manufacturing, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, leather, paper, plastics, precious or semi- precious metals or stones, light sheet metal, shell, textiles, tobacco, wire, yarns, wood not involving planing mills, and paint not employing a boiling process. 81. Manufacturing or assembly of electrical appliances, electronic instruments and devices, optical goods, precision instruments, radios and phonographs, including the manufacture of Formal Meeting Minutes Wednesday, December 07, 2016 Page 35 of 98 small parts only, such as coils, condensers, transformers and crystal holders. 82. Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay. 83. Medical and clinical laboratories, provided no overnight stays. (Nighttime shiftwork is allowed.) 84. Miniature golf courses and driving ranges. Lakes and ponds are not allowed. 85. Mobile home, travel trailer and recreation vehicle sales and service. 86. Nurseries, flower and plant sales, provided all incidental equipment and supplies including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least six feet in height and no goods, materials or objects are stacked higher than the fence or wall so erected. 87. Any business office in which chattels or goods, wares or merchandise are not commercially created, repaired, sold or exchanged. 88. Offices. 89. Any other office, laboratory, manufacturing and assembly uses similar to those uses enumerated herein which do not create any danger to the public health, safety and general welfare in surrounding areas and which do not create any offensive noise, vibration, smoke, dust, odor, heat or glare, and which by reason of high value in relation to size and weight of merchandise received and shipped create very little truck traffic. a. Accessory buildings and uses customarily incidental to the above uses. 90. Outdoor race tracks, provided there is no camping or overnight stays. 91. Paint and wallpaper stores. 92. Packing houses, fruit or vegetable not including processing. 93. Parking lots and public garages, subject to parking standards in Chapter 11, Section 1102, of the Maricopa County Zoning Ordinance. 94. Pet shops, including the treatment or boarding of cats, dogs or other small animals, provided no overnight stays. (Nighttime shiftwork is allowed.) 95. Permanent facilities for rodeos, auctions, swap meets, and sites rented for private parties. Overnight stays are not allowed. Removed Campgrounds from list. 96. Pharmacy, when in conjunction with a medical center consisting of offices occupied by five or more doctors provided that there shall be no outside entrance for business purposes, and that no sign or display be located so as to be visible from a public thoroughfare or adjacent property. 97. Photographer’s and artist’s studios. 98. Plumbing shops. 99. Pool halls or billiard centers. 100. Precision, optical and musical instrument repair shops. 101. Printing, lithography and publishing establishments. 102. Privately owned or operated stations for fire protection, police, or security service, ambulance or other emergency service providers, provided no overnight stays. (Nighttime shiftwork is allowed.) 103. Public facilities such as libraries, museums, parks, playgrounds, community buildings including police stations, post offices and other community service buildings used for non- commercial non-profit purposes, provided no overnight stays. (Nighttime shiftwork is allowed.) 104. Radio and television shops, including repair. 105. Radio and television broadcasting stations and studios, but not including transmitter towers and transmitter stations. 106. Rental services: Household, lawn, garden, sickroom or office equipment. 107. Restaurants and cafes, including patios, cocktail lounges, and outside dining and drinking areas, provided there is no amplified entertainment or music audible off-site. 108. Restaurants and cafes, including drive-through but not including those having dancing or shows, or drive-in car service. The sale of alcoholic beverages for on-site consumption only may be permitted as an accessory use if the kitchen facilities in the restaurant do not exceed 20% of the floor area. Patios, cocktail lounges and outside dining and drinking Formal Meeting Minutes Wednesday, December 07, 2016 Page 36 of 98 areas shall be limited to a space serving no more than 50 patrons, and no entertainment or music shall be audible off site. 109. Retail stores. 110. Retail sale of merchandise, services, recreational and otherwise, parking area and other facilities customarily considered as shopping center uses. 111. Secretarial or answering services. 112. Self-storage facilities, provided there are no overnight stays. (Nighttime shiftwork is allowed.) a. Accessory buildings and uses customarily incidental to the above. 113. Shoe repair shops. 114. Stone monument sales. 115. Tailor shops. 116. Taxidermists. 117. Theaters, but not including a drive-in theater and adult oriented facilities as defined under Chapter 2 of the Maricopa County Zoning Ordinance. 118. Temporary construction administrative offices/yard complex – which may include a security office that the following conditions are met: a. The uses are only associated with the developer/owner and subdivision or project in which they are located. b. Upon sale of the development, cessation of the needs for the use (95% buildout), or cessation of the use, all structures, modifications to structures and uses related to the temporary facility shall be removed. c. Those uses of structures allowed shall meet all building code requirements. d. All items stored on site shall only be those required for the construction on site. e. The allowed uses may encroach into setback areas. f. All necessary permits must be issued prior to placement on the site. g. No overnight stays. (Nighttime shiftwork is allowed.) 119. Tinsmith shops. 120. Truck stops, with customary accessory facilities including but not limited to restaurant, convenience retail, truck wash, and minor repair facilities but not including major repair, freight storage, freight handling, warehousing or distribution facilities. 121. Truck terminals, including service and storage, provided no overnight stays. (Nighttime shiftwork is allowed.) 122. Variety or notion stores. 123. Veterinary hospitals, clinics and kennels for dogs, cats and small animals, provided no overnight stays. (Nighttime shiftwork is allowed.) 124. Video rental stores. 125. Warehousing, storage and wholesale distribution facilities. 126. Wholesale ice distributing stations. 127. Wholesale stores. c. No use shall interfere with the flight operations at Luke Air Force Base. d. The following Rural-43 Military Airport and Ancillary Military Facility Overlay zoning District Military Compatibility Permit standards shall apply: 1. Maximum Building height: 60’ except: The height of any building or structure closer than 60’ to residential zoning boundary shall not exceed a height equal to the distance from said building or structure to the zoning boundaries. Streets or alleys may be included in calculating distance. 2. Front Yard: 20’ adjacent to Bethany Home Road, Cotton Lane, and Camelback Road. 15’ adjacent to internal collector streets. 10’ adjacent to internal local streets. 3. Side Yard: None except: 25’ adjacent to residential zoning district. If a side yard is Formal Meeting Minutes Wednesday, December 07, 2016 Page 37 of 98 otherwise provided, it shall have a width of not less than 10’. 4. Street-Side Yard Setback: 20’ adjacent to Loop 303, Bethany Home Road, Cotton Lane and Camelback Road. 15’ adjacent to internal collector streets. 10’ adjacent to local streets. 5. Rear Yard: 15’ except; 25’ adjacent to residential zoning district. 6. Lot Coverage: 60% 7. Signage: All applicable regulations shall be per Commercial and/or Industrial Zoning districts (MCZO 1403.1.3). 8. On-site Signage: On-site signage may have a fixed or variable message. All levels of Electronic Message Display (EMD signs are permitted). 9. Freeway Pylon Signs: Compliance with MCZO 1403.2.5, pylon signs to be permitted in two strategic locations adjacent to the Loop 303 freeway irrespective of use. e. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A Traffic Impact Study to address traffic impacts and roadway improvements required to support the proposed development must be submitted with future Plan of Development application(s). 3. The site contains Special Flood Hazard Areas (SFHA) (Floodplain – Zone AE along the north side of Camelback Road and Zone A along both sides of Cotton Lane). As development plans progress for this site, provision(s) for compliance with the Maricopa County Floodplain Use Regulations must be addressed. Alternatively, alteration or eliminations of the SFHAs must be approved by the Flood Control District of Maricopa County and FEMA, through the CLOMR/LOMR process. 4. Submission of a CLOMR application to the Flood Control District must be prior to or concurrent with the application(s) for Plan(s) of Development to Planning & Development. 5. Approval of the CLOMR by FEMA must be obtained prior to the issuance of any building permits on the site (on affected parcels). f. The property owner shall submit a ‘will serve’ letter from Rural Metro Fire Department, or other fire department acceptable to Maricopa County 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. g. All buildings subject to noise attenuation as per ARS § 28-8482(B). h. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. i. 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. j. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, Formal Meeting Minutes Wednesday, December 07, 2016 Page 38 of 98 the County may take action to revert the zoning 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-44-17-049-M-00) Kevin Pozo, applicant, registered his support of the item and accompaning documents. Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 6. 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 MARSOC FOUNDATION Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Sarah Jean Christian for MARSOC Foundation at McDowell Mountain Regional Park at 16300 McDowell Mountain Park Drive, Fountain Hills, Arizona 85255 to be held on Saturday, December 10, 2016 from 12:00 pm to 5:00 pm. (Supervisorial District 2) (C-06-17-224-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Parks and Recreation 7. PROPOSED REVISIONS OF THE MARICOPA COUNTY PARKS AND RECREATION DEPARTMENT USER FEE SCHEDULE Pursuant to A.R.S. §11-251.08 and 11-251.13, convene the scheduled public hearing, to solicit comments and consider the adoption of proposed revisions of the Maricopa County Parks and Recreation Department User Fee Schedule. Upon Board approval, this item will become effective January 1, 2017. By this action, the Department wishes to: 1. adopt a $5/person general admission fee for users of the Hassayampa River Preserve Formal Meeting Minutes Wednesday, December 07, 2016 Page 39 of 98 Conservation area for users over 12 years old; 2. adopt a $100/day fee for the use of the DOC kitchen; 3. reduce the replacement card fee to $3.00; and, 4. remove the room restriction on the meeting room fee. Upon Board approval, these fee changes will become effective January 1, 2017, except as to members of the Friends of Hassayampa and The Nature Conservancy who will pay the new fees on January 1, 2018 as more fully detailed below. The adoption of a Hassayampa River Preserve entrance fee is in anticipation of the transfer of operation and ownership of the Hassayampa River Preserve from The Nature Conservancy (TNC) to the County. TNC currently charges $5.00 per person admission for the general public; $3.00 per adult for TNC members with children 12 and under admitted free; and free entry for each member of the Friends of Hassayampa and holders of a TNC, Arizona Chapter Pass (limit 2 adults/pass). Maricopa County proposes one fee for all parties $5.00 per person with children under 12 admitted for free. However, pursuant to the County’s Operations Plan with TNC, current members of Friends of Hassayampa, holders of TNC, Arizona Chapter Passes and TNC Members, will pay fees currently charged by TNC through December 31, 2017. After that time, general admission fee will be $5.00/person for all entrants, except children 12 and under free. This entry fee and the remaining fee changes will enable the Department to apply any changes in fees to off-set park operations and maintenance. The Parks and Recreation Commission held a public meeting regarding the proposed fee revisions on September 20, 2016. No comments were received from the public. The meeting was advertised on the Parks’ website and in the parks. The changes to fees schedule must be scheduled for public hearing pursuant to A.R.S. §§11-251.08 and 11- 251.13. (C-30-17-007-M-00) NOTE: Clerk noted the department has requested to remove the approval of actions 1 and 4. She stated the items would come before the Board at a later date and would be reposted as a newly scheduled public hearing. Motion to approve only actions 2 and 3 by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Transportation – Transportación 8. ROAD FILE DECLARATIONS - DECLARACIONES DE CARRETERA Approve, by resolution, petitions to open and declare the following roads into the county highway system. This action will serve as notice of the Board of Supervisors’ acceptance of all U.S. Patent easements, reservations, rights-of-way or properties along the alignments into the Maricopa County highway system and will also authorize the maintenance and acquisition of the necessary rights-of-way through donation, purchase, or condemnation. a. ROAD FILE NO. A548 Formal Meeting Minutes Wednesday, December 07, 2016 Page 40 of 98 Convene a hearing for Road File No. A548 to Open and Declare the following described alignment into the County Transportation System. The Department of Transportation Director has recommended that portions of Jackrabbit Trail and Yuma Road be declared and accepted into the MCDOT road system, according to design plans for Yuma Road and Jackrabbit Trail Intersection Improvement, Project TT487, on file with the Maricopa County Department of Transportation. (General Vicinity: Jackrabbit Trail and Yuma Road and in Unincorporated Maricopa County. Supervisory District No. 4) (C-64-17-035-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo b. ROAD FILE NO. 5890 Convene a hearing for December 7, 2016 for Road File No. 5890 to Open and Declare the following described alignments into the County Transportation System. The Maricopa County Department of Transportation has inspected and approved/accepted the developer constructed roads within the Twelve Oaks Estates recorded in Book 723 of Maps, Page 29, MCR and has recommended that the Board of Supervisors adopt the resolution accepting the roads in the subdivision into the County road system. (General Vicinity: Peoria Avenue and Sarival Avenue. Supervisor District No. 4) (C- 64-17-038-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 9. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0037 Convene a hearing for Road File No. PAB-0037 to consider the request to abandon a portion of a Federal Patent Easement Number 1211185. Notice conditions and the request for comment requirements have been met. Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P- 34 and Maricopa County Department of Transportation Procedure # P5203, it is recommended by the Department of Transportation Director, that the Board of Supervisors resolves to abandon (a portion of) a Federal Patent Easement, Road File No. PAB-0037. Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. Supervisory District No. 4 (C-64-17-031-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, December 07, 2016 Page 41 of 98 10. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0038 Convene a hearing for Road File No. PAB-0038 to consider the request to abandon a portion of a Federal Patent Easement Number 1147082. Notice conditions and the request for comment requirements have been met. Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P- 34 and Maricopa County Department of Transportation Procedure # P5203, it is recommended by the Department of Transportation Director, that the Board of Supervisors resolves to abandon a portion of a Federal Patent Easement, Road File No. PAB-0038. Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. Supervisory District No. 3 (C-64-17-030-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 11. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0044 Convene a hearing for Road File No. PAB-0044 to consider the request to abandon a portion of a Federal Patent Easement Number 1209182. Notice conditions and the request for comment requirements have been met. Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P- 34 and Maricopa County Department of Transportation Procedure # P5203, it is recommended by the Department of Transportation Director, that the Board of Supervisors resolves to abandon (a portion of) a Federal Patent Easement, Road File No. PAB-0044. Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. Supervisory District No. 2 (C-64-17-032-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 12. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0029 Convene a hearing for Road File No. PAB-0029 to consider the request to abandon a portion of a Federal Patent Easement Number 1186717. Notice conditions and the request for comment requirements have been met. Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P- 34 and Maricopa County Department of Transportation Procedure # P5203, it is recommended by the Department of Transportation Director, that the Board of Supervisors resolves to abandon a portion of a Federal Patent Easement, Road File No. PAB-0029. Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. Supervisory District No. 5 This item was continued from the October 5, 2016 and November 16, 2016 meetings. (C- 64-16-153-M-01) NOTE: Clerk noted the department has requested to continue the item to January 11, 2017. Formal Meeting Minutes Wednesday, December 07, 2016 Page 42 of 98 Motion to continue item to January 11, 2017 by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Board of Supervisors - Junta de Supervisores 13. FUND TRANSFER FOR MARICOPA COUNTY TRAILS PROJECTS In order to continue to enhance the Maricopa County trail system, from the District 3 allocation of the Waste Management fund, approve a fund transfer in the amount of $185,000 from the Waste Management Fund (210) to the Parks Donations Fund (243) for the specific purpose of acquiring easements and developing trails in the Daisy Mountains, maintaining the Maricopa County Trail, and conducting special events, all of which is for the benefit of the unincorporated areas of Maricopa County. The Department may work with the Maricopa Trails and Parks Foundation to accomplish these goals. Also approve an increase in the FY 2017 revenue and expenditure appropriation for Parks and Recreation (D300) Parks Donations Fund (243) Daisy Mountain and Trails (WMD3) in the amount of $185,000 with offsetting adjustments in the Elimination (D980) Elimination Fund (900) Non Recurring Non Project (NRNP). (C-06-17-236-D-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Supervisor Kunasek noted the origin and the intended use of the funds. 14. RESOLUTION REGARDING NAMING A MOUNTAIN PEAK IN THE ESTRELLA MOUNTAIN RANGE Approve a resolution to submit application forms and supporting documentation to the Arizona State Board on Geographic and Historic Names and the United States Board on Geographic Names to name a mountain peak in the Estrella Mountain Range "C-4" in honor of United States Navy SEAL Charlie Humphrey Keating IV. (C-06-17-244-8-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Supervisor Kunasek noted this is a great way to pay tribute to Charles “Charlie” Humphrey Keating IV and thanked all involved with the recognition. Supervisor Gallardo said this is a great honor to recognize Mr. Keating for giving his life and a constant reminder to all visitors of the sacrifice that he made. Chairman Hickman stated the honor comes on a very fitting day as it is Remember Pearl Harbor Day. Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Clerk of the Board - Secretaria de la Junta Formal Meeting Minutes Wednesday, December 07, 2016 Page 43 of 98 15. CANCELLATION OF ELECTION AND APPROVE APPOINTMENTS TO ELECTRICAL DISTRICT NO. 8 Pursuant to A.R.S. §16-410(A) and the letter received from Electrical District No. 8: 1. Cancel the election scheduled to be held on January 14, 2017; 2. Appoint Billy Hickman, Division 1; Ronald Rayner, Division 2; and Greg Pierce, Division 5 who filed nominating papers to fill the expired term. The appointed Directors shall serve a three year term effective January 14, 2017 through January 13, 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 4 and 5). (C-06-17-215-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Chucri, Barney, Gallardo Abstain: Hickman County Attorney - Procurador del Condado 16. GRANT FROM ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR SUPERIOR, JUVENILE AND JUSTICE COURT ADVOCACY PROGRAM Accept grant funds from the Arizona Department of Public Safety Victim Assistance Grant Program in the amount of $151,766. This agreement commences October 1, 2016 (retroactive due to grantor’s delay in awarding funds) and terminates on September 30, 2017. Authorize the Chairman to sign all documents related to this agreement. The grant allows a de minimis rate for indirect costs of $13,797 that may be incurred by the County Attorney's Office of Maricopa County for the administration of this grant. The County Attorney's composite indirect cost rate for FY 2016-17 is 15.2%, or $20,971. The recoverable indirect cost of administering this grant is $13,797; the non-recoverable indirect cost is $7,174. The Maricopa County Attorney's Office recognizes that this grant requires a cash equivalent match of $37,942 and has the resources to provide this match. Pursuant to A.R.S.§42-17106, approve appropriation adjustment(s) resulting in a net increase to revenue and expenditures of $114,414 in FY 2016-2017 County Attorney (D190) Grants Fund (219) Operating (1000) budget. This request does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S §42-17106. Grant revenues are not "local revenues" for the purpose of the constitutional expenditure limitation, and therefore expenditure of the funds is not prohibited by the budget law. This award agreement, Arizona Department of Public Safety, Victims of Crime Act, Victim Assistance Grant Program is in the amount of $151,766. While this funding for the Superior, Juvenile and Justice Court Advocacy program is new, the Maricopa County Attorney's Office has received Maricopa County Board of Supervisors approval for the acceptance of Arizona Department of Public Safety, Victims of Crime Act Victim Assistance Grant Program awards for other programs previously. The most recent funding awarded for the Restitution program was in fiscal year 2015/2016 in the amount of $72,562, the most recent funding awarded for the Field Response program was in fiscal year 2015/2016 in the amount of $54,785, the most recent funding awarded for the Courtroom Advocacy program was in fiscal year 2015/2016 in the amount of $148,705 and the most recent funding awarded for the K-9 Support program was in Formal Meeting Minutes Wednesday, December 07, 2016 Page 44 of 98 fiscal year 2015/2016 in the amount of $89,307. (C-19-17-027-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 17. GRANT FROM ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR GANG AND VIOLENT CRIME ADVOCACY PROGRAM Accept grant funds from the Arizona Department of Public Safety Victim Assistance Grant Program in the amount of $144,961. This agreement commences October 1, 2016 (retroactive due to grantor’s delay in awarding funds) and terminates on September 30, 2017. Authorize the Chairman to sign all documents related to this agreement. The grant allows a de minimis rate for indirect costs of $13,178 that may be incurred by the County Attorney's Office of Maricopa County for the administration of this grant. The County Attorney's composite indirect cost rate for FY 2016-17 is 15.2%, or $20,031. The recoverable indirect cost of administering this grant is $13,178; the non-recoverable indirect cost is $6,853. The Maricopa County Attorney's Office recognizes that this grant requires a cash equivalent match of $36,240 and has the resources to provide this match. Pursuant to A.R.S.§42-17106, approve appropriation adjustment(s) resulting in a net increase to revenue and expenditures of $108,721 in FY 2016-2017 County Attorney (D190) Grants Fund (219) Operating (1000) budget. This request does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S §42-17106. Grant revenues are not "local revenues" for the purpose of the constitutional expenditure limitation, and therefore expenditure of the funds is not prohibited by the budget law. This award agreement, Arizona Department of Public Safety, Victims of Crime Act, Victim Assistance Grant Program is in the amount of $108,721. While this funding for the Gang and Violent Crime Advocacy program is new, the Maricopa County Attorney's Office has received Maricopa County Board of Supervisors approval for the acceptance of Arizona Department of Public Safety, Victims of Crime Act Victim Assistance Grant Program awards for other programs previously. The most recent funding awarded for the Restitution program was in fiscal year 2015/2016 in the amount of $72,562, the most recent funding awarded for the Field Response program was in fiscal year 2015/2016 in the amount of $54,785, the most recent funding awarded for the Courtroom Advocacy program was in fiscal year 2015/2016 in the amount of $148,705 and the most recent funding awarded for the K-9 Support program was in fiscal year 2015/2016 in the amount of $89,307. (C-19-17- 029-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 18. GRANT FROM ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR K-9 SUPPORT PROGRAM Accept grant funds from the Arizona Department of Public Safety Victim Assistance Grant Program in the amount of $75,531. This agreement commences October 1, 2016 (retroactive due to grantor’s delay in awarding funds) and terminates on September 30, 2017. Authorize the Chairman to sign all documents related to this agreement. The grant allows a de minimis rate for indirect costs of $6,866 that may be incurred by the County Attorney's Office of Maricopa County for the administration of this grant. The County Attorney's composite indirect cost rate for FY 2016-17 is 15.2%, or $10,437. The recoverable indirect cost of administering this grant is $6,866; the non-recoverable indirect cost is $3,571. The Maricopa County Attorney's Office recognizes that this grant requires a Formal Meeting Minutes Wednesday, December 07, 2016 Page 45 of 98 cash equivalent match of $18,883 and has the resources to provide this match. This award agreement, Arizona Department of Public Safety, Victims of Crime Act, Victim Assistance Grant K-9 Support Program is in the amount of $75,531. The most recent funding awarded for the Courtroom Advocacy program was in fiscal year 2015/2016 in the amount of $89,307. (C-19-17-030-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 19. GRANT FROM ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR RESTITUTION PROGRAM Accept grant funds from the Arizona Department of Public Safety Victim Assistance Grant Program in the amount of $72,562. This agreement commences October 1, 2016 (retroactive due to grantor’s delay in awarding funds) and terminates on September 30, 2017. Authorize the Chairman to sign all documents related to this agreement. The grant allows a de minimis rate for indirect costs of $6,596 that may be incurred by the County Attorney's Office of Maricopa County for the administration of this grant. The County Attorney's composite indirect cost rate for FY 2016-17 is 15.2%, or $10,027. The recoverable indirect cost of administering this grant is $6,596; the non-recoverable indirect cost is $3,431. The Maricopa County Attorney's Office recognizes that this grant requires a cash equivalent match of $18,141 and has the resources to provide this match. This award agreement, Arizona Department of Public Safety, Victims of Crime Act, Victim Assistance Grant Restitution Program is in the amount of $72,562. The most recent funding awarded for the Restitution Advocacy program was in fiscal year 2015/2016 in the amount of $72,562. (C-19-17-031-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 20. GRANT FROM ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR K-9 CHILD ADVOCACY PROGRAM Accept grant funds from the Arizona Department of Public Safety Victim Assistance Grant Program in the amount of $75,882. This agreement commences October 1, 2016 (retroactive due to grantor’s delay in awarding funds) and terminates on September 30, 2017. Authorize the Chairman to sign all documents related to this agreement. The grant allows a de minimis rate for indirect costs of $6,898 that may be incurred by the County Attorney's Office of Maricopa County for the administration of this grant. The County Attorney's composite indirect cost rate for FY 2016-17 is 15.2%, or $10,486. The recoverable indirect cost of administering this grant is $6,898; the non-recoverable indirect cost is $3,588. The Maricopa County Attorney's Office recognizes that this grant requires a cash equivalent match of $18,971 and has the resources to provide this match. Pursuant to A.R.S.§42-17106, approve appropriation adjustment(s) resulting in a net increase to revenue and expenditures of $56,911 in FY 2016-2017 County Attorney (D190) Grants Fund (219) Operating (1000) budget. This request does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S §42-17106. Grant revenues are not "local revenues" for the purpose of the constitutional expenditure limitation, and therefore expenditure of the funds is not prohibited by the budget law. This award agreement, Arizona Department of Public Safety, Victims of Crime Act, Victim Formal Meeting Minutes Wednesday, December 07, 2016 Page 46 of 98 Assistance Grant Program is in the amount of $75,882. While this funding for the K-9 Child Advocacy program is new, the Maricopa County Attorney's Office has received Maricopa County Board of Supervisors approval for the acceptance of Arizona Department of Public Safety, Victims of Crime Act Victim Assistance Grant Program awards for other programs previously. The most recent funding awarded for the Restitution program was in fiscal year 2015/2016 in the amount of $72,562, the most recent funding awarded for the Field Response program was in fiscal year 2015/2016 in the amount of $54,785, the most recent funding awarded for the Courtroom Advocacy program was in fiscal year 2015/2016 in the amount of $148,705 and the most recent funding awarded for the K-9 Support program was in fiscal year 2015/2016 in the amount of $89,307. (C-19-17-028-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 21. GRANT FROM ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR FIELD RESPONSE ADVOCACY PROGRAM Accept grant funds from the Arizona Department of Public Safety Victim Assistance Grant Program in the amount of $45,274. This agreement commences October 1, 2016 (retroactive due to grantor’s delay in awarding funds) and terminates on September 30, 2017. Authorize the Chairman to sign all documents related to this agreement. The grant allows a de minimis rate for indirect costs of $4,116 that may be incurred by the County Attorney's Office of Maricopa County for the administration of this grant. The County Attorney's composite indirect cost rate for FY 2016-17 is 15.2%, or $6,256. The recoverable indirect cost of administering this grant is $4,116; the non-recoverable indirect cost is $2,140. The Maricopa County Attorney's Office recognizes that this grant requires a cash equivalent match of $11,319 and has the resources to provide this match. This award agreement, Arizona Department of Public Safety, Victims of Crime Act, Victim Assistance Grant Program is in the amount of $45,274. The most recent funding awarded for the Field Response Advocacy program was in fiscal year 2015/2016 in the amount of $54,785. (C- 19-17-032-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 22. GRANT FROM ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR COURTROOM ADVOCACY PROGRAM Accept grant funds from the Arizona Department of Public Safety Victim Assistance Grant Program in the amount of $144,881. This agreement commences October 1, 2016 (retroactive due to grantor’s delay in awarding funds) and terminates on September 30, 2017. Authorize the Chairman to sign all documents related to this agreement. The grant allows a de minimis rate for indirect costs of $13,171 that may be incurred by the County Attorney's Office of Maricopa County for the administration of this grant. The County Attorney's composite indirect cost rate for FY 2016-17 is 15.2%, or $20,020. The recoverable indirect cost of administering this grant is $13,171; the non-recoverable indirect cost is $6,849. The Maricopa County Attorney's Office recognizes that this grant requires a cash equivalent match of $36,220 and has the resources to provide this match. This award agreement, Arizona Department of Public Safety, Victims of Crime Act, Victim Assistance Grant Program is in the amount of $144,881. The most recent funding awarded for the Courtroom Advocacy program was in fiscal year 2015/2016 in the amount of $148,705. (C-19-17-033-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Formal Meeting Minutes Wednesday, December 07, 2016 Page 47 of 98 Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 23. FUNDING AGREEMENT WITH ARIZONA SUPREME COURT ADMINISTRATIVE OFFICE OF THE COURTS FOR FELONY PRE-TRIAL INTERVENTION PROGRAM Authorize the Chairman to sign the funding agreement with Arizona Supreme Court Administrative Office of the Courts for the felony pre-trial intervention program appropriation in the amount of $250,000. Acceptance of funds was approved by the Board on August 17, 2016 in C-19-17-006-M-00. (C-19-17-006-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Elections - Elecciones 24. EXCEPTION OF THE VACATION CARRYOVER LIMIT Approve the request for an exception of the vacation carryover limit as of December 31, 2016 for the following individuals: Allen, Patricia M Altaha, Jasper Bunjevic, Deyan Castro, Leticia Luna, Eliza K Radtke, Harry E Ramirez, Gary Redmond, Colleen M Rodenback, Joseph D Stahli, Kenneth H Suljagic, Nusreta The request would allow not more than 200 hours in excess of the current accrued vacation limits of 240 or 320 hours to be used by March 31, 2017. Any excess hours that are not used by March 31 will transfer to the sick hours for each respective individual. Reasons for exception: The Maricopa County Elections Department has held four County wide elections in March (Presidential Preference), May (Special State), August(Primary) and November(General) of this year. Staff did not have time available to take off without disrupting the various County- wide elections. (C-21-17-007-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Sheriff - Alguacil 25. VEHICLE USE AGREEMENT WITH THE NATIONAL INSURANCE CRIME BUREAU, TEMPORARY ADDITION TO THE FLEET AND EXEMPTIONS FROM MARKINGS Approve the renewal of the Vehicle Use Agreement between the National Insurance Crime Bureau (NICB) and the Maricopa County Sheriff’s Office (MCSO) and continuation of the temporary addition to the fleet of the 1995 Honda Civic. The term of this Agreement is through September 28, 2017. This vehicle will be used for a designated purpose in Formal Meeting Minutes Wednesday, December 07, 2016 Page 48 of 98 association with the Arizona Automobile Theft Authority (AATA) Law Enforcement Program. This Agreement is renewed annually while MCSO is utilizing the vehicle for its intended purpose. Also approve exemptions from markings in accordance with A.R.S. §38-538.03 and the use of undercover plates. This vehicle will not be a take home vehicle and will only be used to conduct suppression details. The estimated annual operating costs of this vehicle are less than $500 that will be supported through the Arizona Auto Theft Authority (AATA) grants. This is a temporary addition to the fleet and the vehicle will be returned or donated by the Insurance Company to MCSO and there will be no funding from the general fund for its replacement. The Board of Supervisors approved the Vehicle Use Agreement for this vehicle last year on May 24, 2016 (C-50-16-091-M-00). (C-50-16-091-M-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Superintendent of Schools - Education Service Agency - Superintendente de Escuelas - Agencia de Servicio de Educación 26. AFFILIATE AGREEMENTS WITH ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY Approve two (2) Affiliate agreements between Arizona Board of Regents for and on behalf of Arizona State University and its Lodestar Center for Philanthropy and Nonprofit Innovation and Maricopa County through the Maricopa County Education Service Agency. This Agreement outlines the duties and responsibilities of each of the parties which is to recruit and select young people for training and placement in public interest groups, community-based organizations, government agencies and other organizations working for community impact. The term of this Agreement is August 28, 2016 to June 30, 2017. (C- 37-17-007-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 27. ADDENDUM TO IGA WITH THE ARIZONA DEPARTMENT OF EDUCATION Approve Addendum C to the Intergovernmental Agreement (IGA) with the Arizona Department of Education (ADE). This addendum revises the termination date to December 31, 2021. This addendum does not change the responsibilities of either party. (C-37-12- 003-3-03) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Treasurer - Tesorero 28. OFFER ON TAX DEEDED LAND PARCEL WITHIN COMMON/CONTIGUOUS PROPERTY Formal Meeting Minutes Wednesday, December 07, 2016 Page 49 of 98 Pursuant to A.R.S. § 42-18303(F), accept the cash offer of $500.00 by Mike S. Hernandez on the following Tax Deeded Land parcel(s) for which the following conditions apply: Pursuant to A.R.S. §42-18261 et seq. the Treasurer’s Office has complied with statutory requirements and has issued a Treasurer’s Deed for the above referenced parcel. A.R.S.§11-495 and 42-18303F, allow the Board of Supervisors to sell real property in Maricopa County held by the State by Tax Deed to the owner of contiguous real property that is used for residential purposes, and the Board may accept an offer by the contiguous owner to purchase the property, if both of the following conditions apply: 1. Both the property offered for sale and the contiguous property were at one time under common ownership, or the property offered for sale is part of a common area maintained by a homeowners’ association as determined by the County Assessor. 2. The property offered for sale cannot be separately used for residential purposes pursuant to applicable building codes and ordinances of the jurisdiction in which the property is located due to its size, configuration or recorded common area restrictions. Date Previously Offered – Mar/Apr 2016 Parcel Number – 135-43-003G Purchaser / Name for the Deed – Mike S. Hernandez Amount of Offer – $500.00 Direct that the Treasurer’s Office accept payment and prepare the deeds to convey the properties sold and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42-18262, the proceeds from the sale in the total amount of $500.00 will revert to the County General Fund. The Treasurer recommends to the Board of Supervisors that the offers be accepted. (C-43-17-019-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo JUDICIAL BRANCH - PODER JUDICIAL Adult Probation - Libertad Condicional de Adultos 29. ADDITION OF EXISTING VEHICLES TO THE PERMANENT FLEET Approve the permanent addition to the fleet for fifty-six (56) one-time vehicles for the Adult Probation Department and direct the Office of Management and Budget to adjust the Operating Vehicle Replacement Fund as necessary in future years to accommodate these vehicles being added to the permanent fleet. Equipment identification numbers are listed below: 521213, 521214, 521215, 521217, 521218, 521219, 521220, 521221, 521306, 521307, 521308, 521418, 521419, 521420, 521421, 11638, 761201, 761202, 761203, 511101, 511102, 521439, 521503, 311472, 521208, 521209, 521210, 521211, 521212, 521302, 521303, 521304, 521422, 521423, 521536, 521222, 521223, 521427, 521511, 521512, 521513, 521514, 521515, 521516, 521425, 521426, 711406, 771414, 771415, 931401, 521424, 521301, 521505, 521625, 521629, 521628 These vehicles were previously approved by the Board of Supervisors as one time Formal Meeting Minutes Wednesday, December 07, 2016 Page 50 of 98 additions to the fleet. Adult Probation conducted a fleet study with a consultant and the study recommended these vehicles become permanent additions to the fleet so Adult Probation can complete their mission with minimum interruptions to their operations. (C-11- 17-003-V-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 30. PERMANENT ADDITIONS TO THE FLEET Approve the permanent addition of 19 vehicles to the Adult Probation fleet resulting from an analysis of the Adult Probation Fleet Study. Also, direct the Office of Management and Budget to adjust the Operating Vehicle Replacement Fund as necessary in future years to accommodate these vehicles being added to the permanent fleet. The addition of the 6 shared building vehicles will comply with the fleet review recommendation of a ratio of 15 employees per vehicle. The 13 additional vehicles are for individual use and will provide the department with 1 vehicle per position in the established areas. In the FY 2017 Adopted Budget, Adult Probation received one vehicle each for Domestic Violence, Prison Reentry, and Sex Offender. Due to the additions, those areas already have a vehicle per position. Funding for the 6 Detention Fund Vehicles will come from Non-Departmental Detention Fund ($162,000). Funding for the 13 General Fund vehicles will come from Non-Departmental General Fund ($216,000) and from savings within the Adult Probation General Fund ($135,000). Also, approve an exemption from markings and issuance of non-governmental license plates per A.R.S. §38-538.03 because these vehicles will be used to provide surveillance and supervision of convicted felons residing in the community and the location and apprehension of felony absconders. Markings are detrimental to the mission. These will be take home vehicles because surveillance and apprehension are not regularly scheduled assignments with set hours. The vehicle information, including make, model, year, color and VIN number will be provided to the Clerk of the Board upon approval of this agenda and purchase of the vehicles. FY2016-17 additional operating expenses for the new vehicles are estimated to be approximately $6,500 for the General Fund vehicles and $3,000 for the Detention Fund vehicles. These costs will be absorbed in the Adult Probation General and Detention Fund operating budgets. (C-11-17-004-V-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Superior Court - Tribunal Superior 31. FILL THE GAP PLAN In accordance with the provisions of A.R.S §12-102.02, subsection (C), authorize the Chairman of the Board of Supervisors to endorse and sign the FILL THE GAP plan submitted by the Presiding Judge of the Superior Court. In accordance with the statute, the plan has already been endorsed by the Presiding Judge of Superior Court, the Clerk of Superior Court, the Presiding Justice of the Peace in Maricopa County, and an elected Justice of the Peace in Maricopa County. Transfer FY2017 revenue and expenditure appropriations of $193,485 from the Superior Court (D800) Superior Court Fill the Gap Fund (264) Operating (1000) to the Non- Formal Meeting Minutes Wednesday, December 07, 2016 Page 51 of 98 Departmental (D470) Non-Departmental Grants Fund (249) Operating (1000). Transfer FY2017 expenditure appropriation of $30,755 from the Non-Departmental (D470) Non-Departmental Grants Fund (249) Non Recurring (1001) to the Superior Court (D800) Superior Court Fill the Gap Fund (264) Non-Recurring (1001). Transfer FY2017 revenue and expenditure appropriations of $33,478 from the Non- Departmental (D470) Non-Departmental Grants Fund (249) Operating (1000) to the Clerk of Court (D160) Clerk of Court Fill the Gap Fund (218) Operating (1000). Transfer FY2017 expenditure appropriation of $83,655 from the Non-Departmental (D470) Non-Departmental Grants Fund (249) Non-Recurring (1001) to the Clerk of Court (D160) Clerk of Court Fill the Gap Fund (218) Non-Recurring (1001). Pursuant to Arizona Revised Statutes 12-102.02 the Presiding Judge, in coordination with the Chairman of the County Board of Supervisors, the Clerk of the Superior Court, the Presiding Justice of the Peace, and an elected Justice of the Peace are to submit a plan to the Supreme Court that details how the funding provided for the Maricopa County FILL THE GAP plan will assist in improving criminal case processing. (C-80-17-005-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 32. APPOINTMENT OF JUSTICES OF THE PEACE PRO TEMPORE FOR JUSTICE COURTS IN MARICOPA COUNTY Pursuant to A.R.S. § § 22-121, approve the appointment of the following individuals and attorneys as a Pro Tem Justice of the Peace for the period January 1, 2017 through December 31, 2017. (C-24-17-003-9-00) PRO TEM APPOINTMENTS Abbell, Kimberly Adornetto, Charles Anderson, Lex Anderson, Mark Antunes, Jerri Bailly, Ron Barnes, Bernard Brown, Cheryl Burgess, Paula Calender, Don Delaney, Frank DiPiazza, Nicholas Dodge, Dan Feffer, Sonia Fletcher, Michael Fuller, Tara Goodman, Louis Graham, William Hamblen, Clayton Haworth, Richard Henderson, Paul Formal Meeting Minutes Wednesday, December 07, 2016 Page 52 of 98 Holliday, Denise Hull, Andrew Hull, Joseph Jarvis, Robert Johnston, Sherwood Jones, Kyle Julien, Paul Karp, Ronald Kielsky, Michael Knapp, Robert Landau, Jerry Lord, Robert Lusk, Dennis Malka, Joseph Melton, Robert Nelson, Keith Orcutt, Michael Pennington, Andre Pokora, Amy Pokora, Emily Porter, Gerald Rogers, Phil Rood, John Sinclair, Dawn Smith, Kenneth Smith, Terry Somsan, Michael Southern, E. Reid Tasopulos, Christine Tolby, Quentin Tucker, Mark Warianka, Andrew Wirtjes, John Wolcott, Dean Wolf, Guy NEW PRO TEM APPOINTMENTS Macbeth, Rebecca Morrow, James Neale, Ian O'Hair-Schattenberg, Michelle Rollison, Sherri Rovinsky, Jeremy Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 33. ADMINISTRATIVE CHANGE TO RECOGNIZE NEW LESSOR UNDER LEASE Formal Meeting Minutes Wednesday, December 07, 2016 Page 53 of 98 Accept the administrative informational notice to Air Quality; lease L-7396, to recognize CI PHX I-GW, LLC, a foreign LLC, as the new property owner and Lessor with regards to the Air Quality office and warehouse space lease L-7396 at 2145 S. 11th Avenue, Phoenix, AZ. The purpose of this notice is to update a change of entity name from ColFin 2015-7 Industrial Owner, LLC to CI PHX I-GW, LLC, a foreign LLC. Pursuant to Section 21 of lease L-7396 the County received formal notice on November 7, 2016 that CI PHX I-GW, LLC is the new property owner and successor Lessor of the lease agreement via Special Warranty Deed as recorded with the County Recorder on September 22, 2016, instrument number 2016-0689171. All rent payments under the Agreement shall be sent to CI PHX I- GW, LLC, PO Box 209263, Austin, TX 78720-9263. Required notices under the lease shall be sent to CI PHX I-GW, LLC, Attn: Asset Manager, 13727 Noel Road, Suite 750, Dallas, TX 75240, with a copy to the Property Manager. Property management for the lease remains the same. (C-85-07-021-4-05) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 34. DONATION FROM FRIENDS OF ANIMAL CARE & CONTROL TO FUND THE SPAY AND NEUTER VOUCHER 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 revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-17-032-M- 00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Supervisor Chucri noted his gratitude for the donations on items 34 and 35. Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 35. DONATION FROM VERNA KULIS; BARBARA FORMAN; AND CYCLE GIVING FOR THE CARE OF THE ANIMALS Accept a monetary donation from Verna Kulis $251; Barbara Forman $500 and Cycle Giving $1,405 for the care of the animals. The total donations received are $2,156. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-17-033-M- 00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, December 07, 2016 Page 54 of 98 36. IGA WITH THE CITY OF TOLLESON FOR ANIMAL CONTROL FIELD SERVICES Approve an Intergovernmental Agreement (IGA) between the City of Tolleson and Maricopa County through Maricopa County Animal Care & Control. The contract is to provide the City of Tolleson with animal control field services as determined in the contract. The City agrees to pay estimated $13,200.00 for enforcement of rabies/animal control in accordance with City Rabies/Animal Ordinance with Leash Law based on full cost recovery for actual level of service. The term of the contract is from July 1, 2016 through June 30, 2017. The City of Tolleson has agreed to pay $13,200, the full cost recovery for field services for Fiscal Year 2017 based on historical levels of service for this jurisdiction. (C-79-17-030-M- 00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 37. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR EAST VALLEY RESCUE Approve kennel permit (MULTIPLE DOG LICENSE) K17-000054 pursuant to A.R.S. §11- 1009 for Linda Shively, d.b.a. East Valley Rescue, 8125 E 5th Street, Mesa, AZ 85208, in District 2 for the term of December 1, 2016 through November 30, 2017. The cost of a kennel permit is $328. (C-79-17-029-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 38. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR SHANTE AFGHANS KENNELS Approve kennel permit (MULTIPLE DOG LICENSE) K17-000023 pursuant to A.R.S. §11- 1009 for Marilyn Domhoff, d.b.a. Shante Afghans Kennel, 6824 W Karen Lee Ln, Phoenix, AZ 85382, in District 4 for the term of December 1, 2016 through November 30, 2017. The cost of a kennel permit is $328. (C-79-17-025-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 39. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR HARQUAHALA KENNELS Approve kennel permit (MULTIPLE DOG LICENSE) K17-000018 pursuant to A.R.S. §11- 1009 for Arthur McKay, d.b.a. Harquahala Kennels, 10602 S 540th Ave, Tonopah, AZ 85354, in District 5 for the term of December 1, 2016 through November 30, 2017. The cost of a kennel permit is $328. (C-79-17-026-M-00) Formal Meeting Minutes Wednesday, December 07, 2016 Page 55 of 98 Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 40. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR BIG A KENNELS Approve kennel permit (MULTIPLE DOG LICENSE) K17-000027 pursuant to A.R.S. §11- 1009 for Alvin Reed, d.b.a. Big A Kennels, 1110 W Mohave St, Phoenix, AZ 85007, in District 5 for the term of December 1, 2016 through November 30, 2017. The cost of a kennel permit is $328. (C-79-17-027-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 41. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR BUCKEYE ANIMAL RESCUE Approve kennel permit (MULTIPLE DOG LICENSE) K17-000054 pursuant to A.R.S. §11- 1009 for Lilia Mutka, d.b.a. Buckeye Animal Rescue, 1919 N 200th Ave, Buckeye, AZ 85396, in District 4 for the term of December 1, 2016 through November 30, 2017. The cost of a kennel permit is $328. (C-79-17-028-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 42. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR YERBIRER KENNELS Approve kennel permit K17-000005 pursuant to A.R.S. §11-1009 for Betty Yerington, d.b.a Yerbirer Kennels, 5447 S El Mirage Rd, Tolleson, AZ 85353, in District 5 for the term of December 1, 2016 through November 30, 2017. The cost of a kennel permit is $328. (C- 79-17-031-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Employee Benefits and Health - Beneficios a los Empleados y la Salud 43. ACCEPT CARRYOVER GRANT FUNDS FROM HEALTH SERVICE AND RESOURCES ADMINISTRATION FOR LIFE-SAVING MEDICAL AND SUPPORT SERVICES Accept $383,415.00 in carryover funding from Health Services and Resources Administration (HRSA) through Award No. 6 H89HA11478-08-2, Grant No. H89HA11478, from grant year 2015 for services to be provided to Ryan White Part A HIV/AIDS program clients for primary medical care and medical case management. Approve revenue and expenditure appropriation adjustments in a not-to-exceed amount of $383,415 for the purpose of providing lifesaving medical and support services to people living with HIV/AIDS. The grant award budget period is from March 1, 2016 through 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% and is applied to items that are not passed through to sub-recipients. The entire amount of the carryover funding will be passed through to Ryan White Part A providers Formal Meeting Minutes Wednesday, December 07, 2016 Page 56 of 98 therefore indirect is not applicable to these funds. 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 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. The total grant award with the carryover is $9,449,469. Pursuant to federal statue, 85% ($7,706,146) of the grant funds must be passed through to contractors as well as the entire amount of Carryover funding ($383,415). HRSA’s allowable administration includes: 10% of grant award for Administration and Planning Council Support ($906,605); and 5% of grant award for Clinical Quality Management ($453,303). HRSA allows for indirect costs which are included in the 10% allowed for Administration and the 5% allowed for Quality Management. 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-39-16-002-G- 01) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Facilities Management - Administración de Instalaciones 44. MOU WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY AND BUSINESS ENTERPRISE PROGRAM Approve an MOU between the Arizona Department of Economic Security (ADES), Business Enterprise Program (BEP) and Maricopa County to perform alterations and refurbishments to existing Maricopa County owned facilities. Through this agreement ADES/BEP will reimburse Maricopa County, Facilities Management Department for services and materials to improve or refurbish existing sites required for additional merchandising of business and to improve services provided. This agreement will be used as a template for future projects with ADES/BEP subject to review and approval of the Deputy County Manager, legal counsel and filing of the agreement with the Clerk of the Board. The term of this agreement will be effective on the date of last signature and shall end on November 30, 2021, in an amount not-to-exceed $150,000. (C-70-17-007-M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, December 07, 2016 Page 57 of 98 Finance - Finanzas 45. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 10/28/2016 through 11/10/2016, 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-06-17-217-7-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Human Resources - Recursos Humanos 46. AMENDMENT TO AFFILIATION AGREEMENT FOR MARICOPA COUNTY LEADERSHIP AND EDUCATION ADVANCING PUBLIC SERVICE INTERNSHIP PROGRAM Approve Amendment No. 6 to an Affiliation Agreement between Arizona Board of Regents on behalf of Arizona State University (C-31-16-035-3-00) and Maricopa County through the Human Resources Department. The purpose of this Amendment is to outline the responsibilities of Maricopa County, Arizona State University, and interns participating in the MCLEAPS program. This amendment is non-financial and is effective from January 9, 2017 until April 28, 2017. All other terms and conditions of the Affiliation Agreement remain in full force and effect. (C-31-14-029-3-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 47. 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-31-17-009-6-00) Ranges: Director - Emergency Management: $40.40-$67.05 ($84,032-$139,464) Forensic Laboratory Manager: $41.05-$66.90 ($85,384-$139,152) Library Page: $10.00-$12.95 ($20,800-$26,936) Delete: Education Program Aide Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, December 07, 2016 Page 58 of 98 Human Services - Servicios Humanos 48. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY Approve financial Amendment No. 4 to the Intergovernmental (IGA) between Arizona Department of Economic Security (DES) and Maricopa County, administered by its Human Services Department. The purpose of Amendment No. 4 is to revise the Terms and Conditions, Section 32.0 Levels of Service which increases funding for the Community Services component of the Agreement. Per the Community Action Network (CAN) Alert issued on September 7, 2016 the contract reimbursement for the period of July 1, 2016 through June 30, 2017: The funding amount for Community Services (CSV) is increased by $258,406.00 from $811,075 to $1,069,481. The funding for Case Management remains unchanged at $3,873,893. The FY2017 Human Services Department approved indirect cost rate from the U.S. Department of Health and Human Services is 20.4% for salaries and employee related expenses. The total Amendment funds are $258,406.00, of which $0.00 is for salaries and benefits. The total estimated indirect costs are $0.00. The term of the agreement began on July 1, 2015 and ends on June 30, 2020. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant amendment through future grant reconciliation. This amendment does not impact County funds. (C-22-15-064-3-04) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 49. AMENDMENT TO IGA WITH CITY OF GLENDALE FOR HOME INVESTMENT PARTNERSHIP PROGRAM Approve non-financial Amendment No. 2 to the Intergovernmental Agreement between the City of Glendale and Maricopa County administered by its Human Services Department. The purpose of the Amendment is to extend the Agreement term from January 29, 2017 to June 30, 2018. The funding amount for the Agreement will remain unchanged at the not-to- exceed amount of $712,309. The Amendment shall be effective upon approval and signature by both parties. There is no impact to the General Fund. This Agreement is funded by a grant from the U.S. Department of Housing and Urban Development (HUD) through the FY2014-2015 Maricopa County HOME Consortium Action Plan (C-22-14-063-3-00), approved by the Board of Supervisors on May 7, 2014. Maricopa County is the lead agency for the Maricopa HOME Consortium. (C-22-15-042-3-02) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 50. AMENDMENT TO IGA WITH CITY OF SURPRISE FOR HOME INVESTMENT PARTNERSHIP PROGRAM Formal Meeting Minutes Wednesday, December 07, 2016 Page 59 of 98 Approve non-financial Amendment No. 2 to the Intergovernmental Agreement between the City of Surprise, a member of the Maricopa HOME Consortium, and Maricopa County administered by its Human Services Department. The Amendment will extend the contract termination date of the agreement from January 29, 2017 to December 31, 2017. Extending the contract termination date of the agreement will provide the City with additional time to complete the previously approved scope of work. By doing so the parties also agree that all work performed or costs incurred or expended under the previously approved scope of work remain reimbursable under the terms of the Agreement. All other terms and conditions of the Agreement remain unchanged. The purpose of the Agreement is to provide the City with Home Investment Partnership funds to assist eligible low income homeowners with housing rehabilitation which may include replacement of mechanical, electrical and plumbing systems that will bring homes up to current building codes. This Agreement is funded by a grant from the U.S. Department of Housing and Urban Development (HUD) through the FY2014-2015 Maricopa County HOME Consortium Action Plan (C-22-14-063-3-00), approved by the Board of Supervisors on May 7, 2014. Maricopa County is the lead agency for the Maricopa HOME Consortium. There is no impact to the General Fund. (C-22-15-043-3-02) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 51. AMENDMENT TO COMPETITION IMPRACTICABLE CONTRACT WITH THE SOCIETY OF ST. VINCENT DE PAUL Approve financial Amendment No. 1 to the Competition Impracticable Contract between the Society of St. Vincent De Paul, a non-profit community based organization and Maricopa County administered by its Human Services Department. The purpose of the Amendment is to address the following: I. Amend the Term in Paragraph 3.1 as follows: Term 3.1 Extend the expiration date of the Agreement from February 28, 2017 to June 30, 2017. II. Decrease the notice of termination required in Paragraph 6.2 from 60 to 30 days as follows: 6.2 Either Party may terminate this agreement at any time by giving the other Party at least thirty (30) calendar days prior notice in writing (unless terminated by the Board of Supervisors under the Availability of Funds provision). The notice shall be given by personal delivery or by registered or certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth in paragraph 15.0. III. Increase contract funding amount in paragraph 7.1 by $25,170 from $95,000 to $120,170 with a commensurate increase in a base amount of funding for operation costs for overflow shelter services in Paragraph 7.2.1 from $60,000 to $85,170 IV. Amend Paragraph 7.2.2 to permit the Contractor to use $35,000 of unspent Weather Relief funds for either Weather Relief emergency shelter or overflow shelter services until June 30, 2017 as follows: 7.2.2 A maximum of $35,000 for term of the contract may be used for Weather Relief emergency shelter in alignment with Human Services Campus protocol, to ensure homeless individuals are assisted with shelter services during times of inclement weather. Formal Meeting Minutes Wednesday, December 07, 2016 Page 60 of 98 Such services shall be invoiced at the rate of $700/night. Any unexpended Weather Relief emergency shelter funds may be used for operation costs for overflow shelter services consistent with paragraph 7.2.1 of the Agreement. V. Parties agree that the statutory language of A.R.S. §38-511 are applicable to this Amendment and incorporate the same by reference. VI. The foregoing paragraphs contain all the changes to the Agreement as amended. All other terms of the original Agreement and Amendments not amended hereby, remain in full force and effect as approved and amended. Funding for this amendment will be reimbursed through the Human Services Department appropriated County General Funds. (C-22-17-017-3-01) Dianne Barker, resident, noted her support of items 51, 52 and 55 and recommended the use of tent city as a shelter overflow area but not during inclement weather conditions. Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 52. AMENDMENT TO SOLE SOURCE CONTRACT WITH LODESTAR DAY RESOURCE CENTER Approve Amendment No. 7 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: I. Pursuant to paragraph 4 of the Agreement, amend Paragraph 3.1 extending the expiration date from October 31, 2016 to February 28, 2017, effective October 31, 2016. II. Amend Paragraph 5.0 a (ii) which identifies funding sources as defined by Catalog of Federal Domestic Assistance (CFDA) and revise funding source 14.218, Community Development Block Grant (CDBG) from $76,475 to $115,000 for Program Year 2016. III. Notwithstanding any prior Amendment to the contrary, amend the Agreement to permit unexpended authorized funding for the period of July 1, 2016 until October 31, 2016 to be to be carried forward into the extended contract period from October 31, 2016 to February 28, 2017. IV. Parties agree that the statutory language of A.R.S. §38-511 are applicable to this Amendment and incorporate the same by reference. V. The foregoing paragraphs contain all the changes to the Agreement as amended. All other terms of the original Agreement and Amendments not amended hereby, remain in full force and effect as approved and amended. LDRC provides services to homeless individuals in the Human Services Campus located at 1125 W. Jackson Street, Phoenix, AZ 85007. (C-22-15-063-3-07) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 53. IGA WITH TOWN OF YOUNGTOWN FOR COMMUNITY DEVELOPMENT BLOCK Formal Meeting Minutes Wednesday, December 07, 2016 Page 61 of 98 GRANT FUNDS Approve an Intergovernmental Agreement between Town of Youngtown and Maricopa County administered through its Human Services Department. The purpose of the Agreement is for the County to provide Town of Youngtown with Community Development Block Grant (CDBG) funds in the amount not-to exceed $271,322 for infrastructure improvements to include street lights in L/M neighborhoods. Lights poles will be installed in fifteen different locations throughout the town. The agreement is retroactive to July 1, 2016 and will expire June 30, 2018. Also request approval for the Human Services Department Director to approve and execute changes as listed below: Pursuant to Section II Special Provisions paragraph K. ADDITIONAL CERTIFICATIONS AND WARRANTIES: 1. r. Changes – The County may, at any time, by written Change Order/Administrative Change executed by the Director, make changes within the general scope of this Agreement in any one or more of the following areas: i. Increase/decrease in dollar amounts up to ten percent per the Board of Supervisors (BOS) policies; ii. Modify the project timeline as long as the last day of the project timeline is within the completion date of the Agreement as approved by the BOS; or iii. Modify terms consistent with any change to the Work Statement required by Federal, State, or County regulations ordinances or policies. iv. Modify administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies or requirements. Change Orders/Administrative Changes will receive legal review and will be filed with the Clerk of the Board’s office upon full execution. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-16-032-G-00). Funding is included in the FY2017 budget and does not impact the General Fund. (C-22-17-039-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 54. IGA WITH TOWN OF GILBERT FOR HOME INVESTMENT PARTNERSHIP PROGRAM Approve an Intergovernmental Agreement between Town of Gilbert, a member of the Maricopa HOME Consortium, and Maricopa County through its Human Services Department. The purpose of the Agreement is for the County to provide Town of Gilbert with HOME Investment Partnership Program funds in the amount not-to exceed $200,023 for Acquisition and Rehabilitation of Rental Housing for families. The agreement is retroactive to July 1, 2016 and will expire 24 months from the date of full execution. Also request approval for the Human Services Department Director to approve and execute changes as listed below: Pursuant to Section II Special Provisions paragraph U. General Conditions: 4. Changes – The County may, at any time, by written Change Order/Administrative Change executed by the Human Services Director, make changes within the general scope of this Agreement in any one or more of the following areas: Formal Meeting Minutes Wednesday, December 07, 2016 Page 62 of 98 a. Work Statement activities which: i. Do not increase or decrease the amount of total Agreement funding; ii. Modify the project timeline as long as the last day of the project timeline is within the end date of the Agreement; or iii. Modify terms consistent with any change to the Work Statement required by Federal, State, or County regulations ordinances or policies. b. Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies or requirements. It is the responsibility of the Subrecipient to ensure the latest documents are consulted and followed. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-16-032-G-00). The housing activities shall meet all HOME Investment Partnerships Program requirements for the required period of affordability. Funding is included in the FY2017 budget and does not impact the General Fund. (C-22- 17-027-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 55. AGREEMENT WITH RESPITE SHELTER FOR HOMELESS MEN INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Approve Subrecipient Agreement (Agreement) between Respite Shelter For Homeless Men Inc., a non-profit, community based organization and Maricopa County administered through its Human Services Department. The purpose of the Agreement is for the County to provide Respite Shelter For Homeless Men Inc. with Community Development Block Grant (CDBG) funds in the amount not-to exceed $69,400. Respite Shelter will provide a recuperative environment for men 18 years old and older who have been released from hospitalization due to illness, surgery or injury. Each individual is provided case management during their stay at the Shelter in an on- going effort to bring them to a level of sustainability and independent living. The agreement is retroactive to July 1, 2016 and will expire June 30, 2018. Also request approval for the Human Services Department Director to approve and execute changes as listed below: Pursuant to Section II Special Provisions paragraph K. ADDITIONAL CERTIFICATIONS AND WARRANTIES: 1. r. Changes – The County may, at any time, by written Change Order/Administrative Change executed by the Director, make changes within the general scope of this Agreement in any one or more of the following areas: i. Work Statement activities which do not Increase or decrease the amount of total Agreement funding; ii. Modify the project timeline as long as the last day of the project timeline is within the end date of the Agreement; or iii. Modify terms consistent with any change to the Work Statement required by Federal, State, or County regulations ordinances or policies. iv. Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies or requirements. Change Orders/Administrative Changes will receive legal review and will be filed with the Clerk of the Board’s office upon full execution. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-16-032-G-00). Formal Meeting Minutes Wednesday, December 07, 2016 Page 63 of 98 Funding is included in the FY2017 budget and does not impact the General Fund. (C-22- 17-043-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 56. GRANT FUNDING FROM ARIZONA DEPARTMENT OF EDUCATION FOR THE CHILD AND ADULT CARE FOOD PROGRAM Approve the acceptance of grant funds from the Arizona Department of Education Child and Adult Care Food Program (CACFP) to Maricopa County through its Human Services Department Early Education Division, which administers the Maricopa County Head Start Program. The funding is a minimum of $329,000. The grant award is effective October 1, 2016 and ends on September 30, 2017. The FY 2017 Human Services Department negotiated U.S. Department of Health and Human Services approved indirect cost rate is 20.4% of salaries and employee related expenses. The indirect cost agreement signed with the Department of Health and Human Services specifies that food costs are not subject to indirect cost recovery; therefore, total indirect costs is zero. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. The grant funds do 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. This is cost reimbursable funding based on the number of eligible of eligible participants. The application is a minimum amount that is expected to be received based on the number of children served, and the number of meals and snacks provided to them. The grant award is provided through a permanent agreement between the Arizona Department of Education and Maricopa County (C-22-14-027-G-00) for the CACFP funds. Grant funds are utilized to reimburse school districts and a food service provider under contract with Maricopa County to provide meals to Head Start program participants. (C-22- 14-027-G-03) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 57. CONTRACT WITH UMOM NEW DAY CENTERS, INC. Approve a financial Contract for Services Agreement “Agreement” between UMOM New Day Centers, Inc., (UMOM) a community based non-profit organization and Maricopa County through its Human Services Department. The purpose of the Agreement is for the County to provide UMOM with Emergency Solutions Grant funds in the amount not-to exceed $70,000 for the provision of Emergency Shelter services. Formal Meeting Minutes Wednesday, December 07, 2016 Page 64 of 98 The agreement is retroactive to July 1, 2016 and will expire June 30, 2017. The Agreement shall become effective upon approval and signature by both Parties. Also request approval for the Human Services Department Director to approve and execute changes as listed below: Pursuant to Section II Special Provisions paragraph D. BUDGET ADJUSTMENTS, CHANGE ORDERS AND AMENDMENTS: 3. Notwithstanding the foregoing, the Parties may agree in writing, to make non-substantive changes as follows: a. Work Statement activities reflecting changes in the County’s regulations, policies, or requirements. b. Payment Adjustments: If change does not result in an increase or reduction of the total contract budget amount and results in less than a 10% change in a payment category. c. Administrative requirements, such as reporting format quality, and/or quantity, as required by the funding source or the County’s regulations, policies, or requirements. 4. Change orders shall also be in writing and executed by the Contractor and the Director and approved by counsel. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-16-032-G-00). Funding is included in the FY2017 budget and does not impact the General Fund. (C-22- 17-035-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 58. RESIGNATIONS AND APPOINTMENT OF MARICOPA COUNTY WORKFORCE DEVELOPMENT BOARD MEMBERS Request recognition of resignations and termination of members of the Maricopa County Workforce Development Board (MCWDB) members and appointment of an individual to the MCWDB. The members represent public and private sectors in areas of local Businesses, Labor, Education, and Government as mandated in the Workforce Innovation and Opportunity Act (WIOA). The following member represented the private sector and are resigning the position on the MCWDB: Steve Troxel, Prencipia Inc. – Information Technology The following member represented a Community Based Organization (CBO) and are resigning the position on the MCWDB: Chevera Trillo, Arizona Foundation for Women The following members represented Government, Economic and Community Development sector and are resigning the positions on the MCWDB: Belinda Hanson, Arizona Department of Economic Security Employment Administration Patricia Wallace, Arizona@Work Maricopa County Human Services Department The following member represented the private sector and their position on the MCWDB is terminated per MCWDB Bylaws Article VI. Section 6. A.: Shelly Frey, Tri West – Healthcare Appoint the following member to represent Government, Economic, and Community Formal Meeting Minutes Wednesday, December 07, 2016 Page 65 of 98 Development sector Chevera Trillo, Arizona Department of Economic Security Employment Administration District I Per the MCWDB Bylaws Article VI. Section 4. C. This member shall serve the remaining term of their predecessor. The member's term shall be effective until June 30, 2018. MCWDB members resign their positions due to changes in employment and/or changes in WIOA regulations. (C-22-16-008-M-03) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Management and Budget - Administración y Presupuesto 59. JUDICIAL OFFICER SALARY ADJUSTMENT Pursuant to ARS §42-17106B, authorize the following adjustment to the FY 2017 Budget: a) Decrease the expenditure authority for the Non-Departmental (D470) General Fund (100) Operating (OPER) in the line “Judges Salary Increase” (4711) in an amount of $25,982. b) Increase the expenditure authority in the Justice Courts (D240) General Fund (100) Operating (OPER) appropriation by an amount of $25,982. Approval of this action will fund the statutory required increase to salaries and associated benefits for Superior Court Judges, Commissioners and Justices of the Peace. These actions will have a County-wide net impact of zero and they do not alter the budget constraining the expenditure of local revenue duly adopted by the Board pursuant to ARS §42-17105. c) Authorize the Office of Management and Budget to adjust the Superior Court’s and Justice Court’s FY 2018 and FY 2019 Baseline Budgets for the annualized amount of the FY 2017 increase as well as the FY 2018 mid-year rate increase in the following amounts: a. Superior Court i. FY 2018: $617,707 ii.FY 2019: $207,951 b. Justice Courts I. FY 2018: $52,354 ii.FY 2019: $26,372 The Superior Court received grant funding for Fiscal Year 2017 to cover the cost of a Juvenile Court originally funded in the General Fund. As a result the Superior Court is achieving savings in the General Fund that will cover the cost of the judicial salary increase in the current Fiscal Year. In Fiscal Year 2018 and 2019 the Superior Court will need and adjustment for the annual amount of the increase for Judge’s in the General Fund as well as the Judge currently in the Grant Fund. (C-49-17-014-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Parks and Recreation - Parques y Recreación Formal Meeting Minutes Wednesday, December 07, 2016 Page 66 of 98 60. AMENDMENT TO IGA WITH ARIZONA BOARD OF REGENTS FOR RESEARCH AND PLANNING PROJECTS Approve Amendment One to Intergovernmental Agreement between Maricopa County and the Arizona Board of Regents on behalf of Arizona State University, University of Arizona and Northern Arizona University (C-30-07-011-2-00) (“Agreement”). Amendment One will extend the Agreement until November 1, 2021 and will make other administrative changes. The Agreement enabled the County, through its Parks and Recreation Department, to coordinate with each of the respective Universities, on an individual basis, to conduct defined research and planning projects (“Projects”). Amendment One will exercise the first five-year extension, commencing upon the expiration of the current term (November 1, 2016) and continuing until November 1, 2021. Among the administrative changes to the agreement, the specific Scope of Work for each Project will now be submitted as a Special Use Permit through the Maricopa County Parks and Recreation Department. This item is located in all Supervisory Districts. (C-30-07-011- 2-01) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 61. AMENDMENT TO IGA WITH TOWN OF FOUNTAIN HILLS FOR MAINTENANCE, IMPROVEMENT AND MANAGEMENT OF OUTDOOR RECREATION OPPORTUNITIES Approve Amendment One to Intergovernmental Agreement between Maricopa County and the Town of Fountain Hills (C-30-12-014-03-00) (“Agreement”). Amendment One will extend the Agreement until December 15, 2021 and will make other administrative changes. The Agreement enabled the County, through its Parks and Recreation Department, and Town of Fountain Hills, through its McDowell Mountain Preservation Commission, to establish a mutually beneficial relationship to achieve common objectives for access through the McDowell Mountain Preserve and McDowell Mountain Regional Park. Amendment One will exercise the first five-year extension, commencing upon the expiration of the current term (December 15, 2016) and continuing until December 15, 2021 and makes other administrative changes. (C-30-12-014-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 62. CHALLENGE COST SHARE AGREEMENT WITH UNITED STATES DEPARTMENT OF AGRICULTURE - FOREST SERVICE, TONTO NATIONAL FOREST FOR THE BRONCO TRAILHEAD IMPROVEMENT PROJECT Approve and execute the Challenge Cost Share Agreement between Maricopa County and the United States Department of Agriculture (USDA) Forest Service, Tonto National Forest for the Bronco Trailhead Improvement Project (Section 20) portion of the Maricopa Trails in the Maricopa County Park system. The purpose of this Challenge Cost Share Agreement is to document the cooperation Formal Meeting Minutes Wednesday, December 07, 2016 Page 67 of 98 between the parties for the Bronco Trailhead Improvement Project (Section 20) portion of the Maricopa Trail. The agreement consists of the planning, implementation, construction and coordination with the Maricopa Trail and Park Foundation for this portion of the Maricopa Trail, located in the Tonto National Forest. The term of this License will be from the date of the last signature and is effective through December 31, 2017. This item is located in all Supervisory Districts. (C-30-17-015-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 63. LAND USE LICENSE WITH SALT RIVER PROJECT FOR INSTALLATION AND MAINTENANCE OF MARICOPA TRAIL AND/OR SUN CIRCLE TRAIL SIGNAGE Approve and authorize the Chairman to sign Land Use License (“License”) with Salt River Project (“SRP”) for the County to install and maintain Maricopa Trail and/or Sun Circle Trail signage for various sections of the Maricopa Trail. Maricopa Trail (MT) and/or Sun Circle Trail (SCT) signage will be installed and maintained by the County at the following trail sections of SRP property, as shown on Exhibit B and C attached to the License: The Arizona Canal from Granite Reef Dam to the terminus near the Skunk Creek Drain North of Greenway Rd (SCT Segment 2); The South Canal from Granite Reef Dam to Roosevelt Water Conservation District (MT/SCT Segment 3); the South Canal from the Roosevelt Water Conservation District Canal to the Consolidated Canal (SCT Segment 4); the Northern portion of the Consolidated Canal from the South Canal in Mesa to the Western Canal in Gilbert (SCT Segment 5); the Western Canal from the Consolidated Canal in Gilbert to the Ken McDonald Golf Course at Guadalupe Road in Tempe (MT/SCT Segment 6); and That portion of the South Canal beginning on the North side of the South Canal approximately 2600 Feet +/- downstream from Granite Reef Dam, thence across the bridge along the existing non dedicated Road in a easterly direction across another bridge continuing Easterly to the Tonto National Forest Boundary (MT Segment 27); That portion of the Consolidated canal from the Western Canal to Chandler Heights Rd (MT Segment 32). The Maricopa Trail program was established to design and build a regional trail operation to connect the existing 9 Maricopa County Parks and 1 Conservation Area with a shared use, non-motorized linear park experience. The Sun Circle Trail has historical significance and is incorporated in Maricopa Trail Segments 2 through 9. Maricopa County Parks contain more than 123,000 acres of protected Sonoran Desert. Upon completion, the Maricopa Trail will link and assist communities to become more livable and provide enhanced health, informed learning, increased recreational opportunities and an abundant natural environmental amenity. The Sun Circle Trail has historical significance and is included in the Maricopa Trail system. The term of this License will be twenty-five (25) years from January 1, 2016 through December 31, 2041. This item is located in all Supervisory Districts. (C-30-17-016- M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 64. ARTIFACT LOAN CONTRACT – OUTGOING WITH HUHUGAM HERITAGE CENTER FOR ARTIFACTS ON EXHIBIT AT THE DISCOVERY CENTER AT LAKE PLEASANT Formal Meeting Minutes Wednesday, December 07, 2016 Page 68 of 98 REGIONAL PARK Approve and authorize the Chairman to execute the attached Artifact Loan Contract - Outgoing (“Agreement”) between the Huhugam Heritage Center Gila River Community on behalf of the Bureau of Reclamation and Maricopa County Parks and Recreation (“MCPRD”) on behalf of Maricopa County (“County”) for providing the loan of eighty-three (83) artifacts from the Central Arizona Project archaeological collection for exhibition at the Discover Center at Lake Pleasant Regional Park. The Central Arizona Project archaeological collection will be displayed in Maricopa County’s new Discovery Center at Lake Pleasant Regional Park to enhance MCPRD’s mission of promoting the appreciation of regional history for present and future generations and to connect the past to the present by preserving and interpreting the community's cultural and natural history. The Board will delegate authority for administrative decisions to MCPRD Director or his designee, as Representative, and the Board accepts the Director’s recommendation for appointment of the Representative in the Agreement. The Representative will be responsible for administration and inventory of the archaeological collection. The Board will authorize the MCPRD Director or his designee, as Representative, to carry out the administrative duties and inventory of the archaeological collection. The term of this Agreement will be one year (1) year from August 7, 2016 through June 7, 2017, with ten (10) one (1) year automatic renewal options. This item is located in Supervisory District No. 4. (C-30-17-017-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Procurement Services - Servicios de Adquisiciones 65. 15051-JOC, JOB ORDER CONTRACTOR FOR PARKS AND RECREATION Increase contract value from original award amount of $2,422,760 to $5,000,000 due to unanticipated and increased expenditures against the contract by Parks and Recreation. No terms and conditions of the contract will be changed. (C-73-16-002-7-01) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 66. 171074-S, PROJECT BASED TECHNOLOGY CONSULTANTS Approve the following solicitation serial items. Serial: 171074-S Item: Project Based Technology Consultants ($10,000,000.00 estimate / 3 Years until December 31, 2019 (Eff. 01/01/17) with 3 one-year renewal option) The purpose of this contract is to provide IT consultants for various County departments on an as needed basis for various County departments’ approved scope of work. (C-73-17-018-7-00) 22nd Century Technologies, Inc. Computer Task Group, Inc. (CTG) Gartner Consulting Gistic Research, Inc. Formal Meeting Minutes Wednesday, December 07, 2016 Page 69 of 98 Grant Thornton LLP ITP Consulting, Inc. Dba IT Partners LanceSoft, Inc. Parsus Solutions LLC Pragmatica LLC Public Consulting Group, Inc. Qwest Communications Corporation Dba CenturyLink QCC Systems Technology Group Inc. Telecom Resources International, Inc. (TRI) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 67. 171024-ROQ TERM CIVIL ENGINEERING & LAND SURVEYING SERVICES Approve and authorize the execution of three (3) professional engineering services three (3) year term contracts with two (2) one (1) year options for renewal, not exceeding a maximum of five (5) years respectively, between Maricopa County and: Dibble Engineering, Hoskin-Ryan Consultants, Inc., Psomas, in amounts not to-exceed $500,000 per year per firm. (C-73-17-015-5-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 68. 13129-RFP, CAMA SOFTWARE SOLUTION (ASSIGNMENT AND CONTRACT AWARD) Approve the following solicitation serial items. Serial: 13129-RFP Item: CAMA Software Solution ($12,130,089.00 estimate / 10 Years until December 31, 2026 with 10 annual renewals.) (C-73-17-017-7-00) 1. Recommend approving the assignment of Contract 13129-RFP CAMA Software Solution from Vision Government Solutions to Esri Canada Limited. 2. Recommend the award of Contract 13129-1-RFP CAMA Software Solution to Esri Canada Limited. The effective date of the contract with Esri Canada Limited shall be December 7, 2016 with a termination date of December 31, 2026. The initial award value is $12,130,089.00 which is remaining balance of contract 13129-RFP. The contract contains options for 10 annual renewals. Esri Canada Limited Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Chairman Hickman thanked the Assessor’s Office on the system solutions update and noted his expectation that the system will run well within the budgeted amount. Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Public Health - Salud Pública 69. NOTICE OF AWARD WITH HEALTH RESOURCES AND SERVICES ADMINISTRATION FOR SOUTH PHOENIX HEALTHY START PROGRAM Approve Notice of Award (NOA) No. (H49MC00174-16-00), Grant No. (H49MC00174), Formal Meeting Minutes Wednesday, December 07, 2016 Page 70 of 98 Healthy Start Initiative (HSI): Eliminating Disparities in Perinatal Health, from Department of Health and Human Services, (DHHS), Health Resources and Services Administration (HRSA) to Maricopa County through its Department of Public Health, Healthy Start (HS), to provide funding for the South Phoenix Healthy Start (SPHS) program. SPHS will provide perinatal case management services, health education events and learning opportunities, and community referrals to women and their families in the large urban communities of South Phoenix and Maryvale. The financial assistance amount for this action is $345,049.00 (see 12. e.) for the budget period beginning November 1, 2016 through October 31, 2017. The project period is June 1, 2002 through March 31, 2019. The Department of Public Health’s indirect rate for FY16-17 is 15.1 %. The full Indirect costs are estimated at $39,183 all of which is allowable. Pass thru amount not subject to indirect is $46,376. Departmental Indirect Rates are reestablished at the beginning of each fiscal year and the future Indirect Rate 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 HRSA and will not affect the County’s General Fund. (C- 86-02-165-2-32) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 70. AMENDMENT TO CONTRACT WITH PHOENIX CHILDREN’S HOSPITAL FOR MOBILE MEDICAL SERVICES FOR HOMELESS YOUTH Approve an Amendment No. 5 to Contract between Phoenix Children’s Hospital (PCH) and Maricopa County by and through its Department of Public Health (MCDPH), Healthcare for the Homeless (HCH) Program to provide medical services to homeless youth via a mobile medical clinic, PCH Crews ‘n Healthmobile. This Amendment increases the amount by $160,000 with an aggregate not-to-exceed amount from $666,667 to $826,667 for the budget period from January 1, 2017, through December 31, 2017. The original contract term was November 1, 2012 through October 13, 2013 and allows for additional one-year extensions, not-to-exceed a total extended term of five (5) years which concludes October 31, 2018. This Contract is exempt from the Maricopa County Procurement Code under Section MC1- 102C, as it is a prior designated subcontractor of the Grantor. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from the Health Resources and Services Administration and will not affect the County’s general fund. (C-86-13-057-3-05) Formal Meeting Minutes Wednesday, December 07, 2016 Page 71 of 98 Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 71. PURCHASE ORDER FOR IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR DENTAL SEALANT PROGRAM Approve modified Purchase Order (PO) ADHS13-037845:6 for Intergovernmental Agreement (IGA) No. ADHS13-037845, Dental Sealant Services, between Arizona Department of Health Services (ADHS), and Maricopa County through its Department of Public Health (MCDPH), Office of Oral Health, to provide additional funding for the Dental Sealant Program. This additional funding amount of $37,915 brings the total not-to-exceed amount from $327,730 to $365,645 for services provided January 1, 2016 through December 31, 2016. The contract term is effective January 1, 2013 through December 31, 2017. Terms and conditions set forth in the bid, quotation, or purchase order are incorporated herein by reference and become a part of this order. MCDPH’s Indirect Rate for FY 2016-17 is 15.1%. The increased indirect costs are estimated at $4,974, all of which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rate. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This IGA does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funds for this grant are provided by ADHS and do not increase the County’s general fund. (C-86-13- 064-3-10) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 72. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR IMMUNIZATION SERVICES Approve Purchase Order (PO) No. ADHS13-041805:19 to the Intergovernmental Agreement (IGA) (ADHS13-041805) between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Community Health Nursing to provide increased funding for the delivery of Immunization services and activities. The budget amount will be increased for a not-to-exceed amount of $335,955.00 for the budget period January 1, 2017 through December 31, 2017. The term of this Agreement is January 1, 2014 through December 31, 2017. All other terms and conditions remain in full force and effect. The Department of Public Health’s indirect rate for FY16-17 is 15.1%; the indirect rate applicable to this grant award is 15.1% of which $44,074 is allowable and 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 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 Formal Meeting Minutes Wednesday, December 07, 2016 Page 72 of 98 for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-13-074-3-09) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 73. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HIV SURVEILLANCE PROGRAM Approve Amendment 1 to 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). Amend this IGA as follows: 1.1 Replace the Price Sheet with the modified Price Sheet. The IGA contract total remains 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. This grant deviates from County policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 15% salaries and employee related expenses indirect cost reimbursement. Salaries and employee related expenses are estimated to be $100,406. MCDPH’s indirect rate for FY2017 is 15.1%. Total indirect expenses based on full award are estimated to be $15,193 of which $15,061 is recoverable and $132 is not 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 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-86-13-003-3-07) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 74. AMENDMENT TO IGA WITH ARZONA DEPARTMENT OF HEALTH SERVICES FOR STD SERVICES Approve Amendment No. 4 to Intergovernmental Agreement (IGA) Contract No. (ADHS14- 071224), Sexually Transmitted Disease (STD) Services between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health to provide funding for Sexually Transmitted Diseases (STD) Services. I. Pursuant to Terms and Conditions, Provision Six (6), Contract Changes, Item 6.1 Amendments, Purchase Orders and Change Orders, the Contract is amended as follows: 1.1 Scope of Services, Provision Seven (7) State Provided Items, section 7.8 is deleted in its entirety. This section provided payment by the State of voucher/card production. 1.2 The Price Sheet is revised and replaced with the Price Sheet in this amendment. The total Price Sheet remains the same. The price sheet amount is not-to-exceed $464,430.00, plus an additional $6,000 for the Voucher program, which provides reimbursement from the State for clinic visits. The effective date is from January 1, 2017 through December 31, Formal Meeting Minutes Wednesday, December 07, 2016 Page 73 of 98 2017. The term of the Contract shall not exceed five (5) years, effective from January 1, 2014 through December 31, 2018. II. All other provisions of this Agreement remain unchanged. The Department of Public Health indirect rate for FY2016-17 is 15.1%. Indirect costs are estimated at $61,716 and are fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-86-15- 020-3-04) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 75. AMENDMENT TO IGA WITH THE ARIZONA DEPARTMENT OF HEALTH SERVICES FOR THE NURSE-FAMILY PARTNERSHIP FOR HOME VISITING SERVICES PROGRAM Approve a Retroactive Amendment No. 4 to Intergovernmental Agreement (IGA) (ADHS12- 023419), Nurse Family Partnership (NFP), between the Arizona Department of Health Services (ADHS) and Maricopa County through its Department of Public Health (MCDPH) to provide additional funding for the NFP, Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Home Visiting Services. The Price Sheet of Amendment 3 is replaced with the revised Price Sheet of this Amendment 4. The funding amount is not-to-exceed $1,074,022.90 for the budget period October 1, 2016 to April 30, 2017. The cumulative budget amount increases from $2,384,820.57 to $3,458,843.47 for the budget period October 1, 2015 to April 30, 2017. The Contract term is May 1, 2012 through April 30, 2017. The Department of Public Health FY 2016-17 indirect rate is 15.1% therefore; indirect costs are estimated at $97,855 which is recoverable. Pass thru amount to subrecipient not subject to indirect is $328,125. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this grant will be provided by ADHS and will not affect the County general fund. (C-86- 12-082-3-09) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 76. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HYPERTENSION AND DIABETES SYSTEM OF CARE Approve Amendment No. 2, Intergovernmental Agreement (IGA) Contract No. (ADHS16- 113997), Hypertension and Diabetes System of Care (HDSC) between Arizona Formal Meeting Minutes Wednesday, December 07, 2016 Page 74 of 98 Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Office of Healthcare Innovation to provide funding for the HDSC program. The HDSC program’s intent is to change health care systems to improve prevention and management of heart disease, stroke, diabetes and their risk factors. The amendments to the IGA are as follows: 1. Pursuant to Terms and Conditions, Provision 6, contract changes, Section 6.1 Amendments, Purchase Orders and Change Orders, the Amendment Scope of Services is revised and replaced with the Scope of Service of this Amendment Two (2), including Attachment A; 2. Pursuant to Terms and Conditions, Provision 6, contract changes, Section 6.1 Amendments, Purchase Orders and Change Orders, the Price Sheet is revised and replaced and replaced with the Price Sheet of this Amendment Two (2). The price sheet is from July 1, 2016 to June 30, 2017, for the total amount of $100,000.00. The Department of Public Health’s indirect rate for FY2016-17 is 15.1%. Grant indirect costs are 15% of salaries and employee related expenses for a total of $8,696. The full indirect costs are estimated at $13,119 of which $1,304 is allowable and $11,815 is not allowable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-16-055-3-02) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 77. AMENDMENT TO INTERGOVERNMENTAL LETTER OF AGREEMENT WITH MARICOPA INTEGRATED HEALTH SYSTEM FOR STD SERVICES Approve an Amendment No. 5 to an Intergovernmental Letter of Agreement (LOA) Contract No. (90-16-100-1) between Maricopa County Special Healthcare District dba Maricopa County Integrated Health Systems (MIHS) and Maricopa County by and through its Department of Public Health (MCDPH) to provide Gonococci and Chlamydia testing of MIHS patients. The term of this Agreement is to be extended from January 7, 2017 through January 6, 2019. All other terms and conditions of the original Agreement and its amendments shall remain in full force and effect. (C-86-11-054-3-06) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 78. IGA WITH WASHINGTON SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICES - SHIP Approve an Intergovernmental Agreement (IGA) between Washington School District and Maricopa County by and through its Department of Public Health (MCDPH) to provide School-based Tobacco Use Prevention and Education Services; School Health Implementation Plan (SHIP). Funding is in the not-to-exceed amount of $25,000.00 for the budget period beginning October 1, 2016 through May 31, 2017. (C-86-17-024-3-00) Formal Meeting Minutes Wednesday, December 07, 2016 Page 75 of 98 Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 79. IGA WITH WASHINGTON SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICES - SHI Approve an Intergovernmental Agreement (IGA) between Washington School District and Maricopa County by and through its Department of Public Health (MCDPH) to provide School-based Tobacco Use Prevention and Education Services; School Health Index (SHI). Funding is in the not-to-exceed amount of $8,000.00 for the budget period beginning October 1, 2016 through May 31, 2017. (C-86-17-025-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 80. IGA WITH LITCHFIELD ELEMENTARY SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICES - SHIP Approve an Intergovernmental Agreement (IGA) between Litchfield Elementary School District and Maricopa County by and through its Department of Public Health (MCDPH) to provide School-based Tobacco Use Prevention and Education Services; School Health Implementation Plan (SHIP). Funding is in the not-to-exceed amount of $10,000.00 for the budget period beginning October 1, 2016 through May 31, 2017. (C-86-17-026-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 81. IGA WITH KYRENE SCHOOL DISTRICT FOR SCHOOL-BASED TOBACCO USE PREVENTION AND EDUCATION SERVICES - SHI Approve an Intergovernmental Agreement (IGA) between Kyrene School District and Maricopa County by and through its Department of Public Health (MCDPH) to provide School-based Tobacco Use Prevention and Education Services; School Health Index (SHI). Funding is in the not-to-exceed amount of $10,000.00 for the budget period beginning October 1, 2016 through May 31, 2017. (C-86-17-027-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 82. IGA WITH ALAHAMBRA ELEMENTARY SCHOOL DISTRICT NO. 68 FOR SCHOOL- BASED TOBACCO USE PREVENTION AND EDUCATION SERVICES - SHI Approve an Intergovernmental Agreement (IGA) between Alahambra Elementary School District, No. 68 and Maricopa County by and through its Department of Public Health (MCDPH) to provide School-based Tobacco Use Prevention and Education Services; School Health Index (SHI). Funding is in the not-to-exceed amount of $4,000.00 for the budget period beginning October 1, 2016 through May 31, 2017. (C-86-17-028-3-00) Formal Meeting Minutes Wednesday, December 07, 2016 Page 76 of 98 Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 83. ADMINISTRATIVE CORRECTION TO AMENDMENT TO CONTRACT WITH ARIZONA MULTIHOUSING ASSOCIATION FOR AZ SMOKE-FREE LIVING Approve an Administration Correction to action taken on November 16, 2016 under C-86- 15-072-3-02, Amendment No. 1 to fixed-price Request for Proposal (RFP) 15-013 Contract between the Arizona Multihousing Association (AMA) and Maricopa County by and through its Department of Public Health (MCDPH), for the purchase of Smoke-Free Living Facilities services. The Administration Correction is to change the notation Amendment No. 1 to Amendment No. 2. This Contractor is a successful respondent to a Request for Proposal PH RFP 15-013 issued by the Maricopa County Department of Public Health. (C-86-15- 072-3-03) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 84. REQUEST FOR PROPOSAL CONTRACT WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR COMMUNITY HEALTH NURSING CONSULTING SERVICES Approve and accept an award Agreement, Request for Proposal (RFP) ADHS17-00006719 (and the accompanying Purchase Order), for the provision of Community Health Nursing consulting services. This Contract will henceforth be referred to as ADHS17-154596. MCDPH will provide consulting services for the Community Health Nurse Service and coordinate with ADHS to provide guidance, education, and standardization for implementation of Community Nurse Services for the critically ill/premature newborns enrolled in the NICP program to NICP Community Nursing Contractors. The amount of the contract award reimbursement to MCDPH is to be an all-inclusive hourly rate of $75.00 an hour for a maximum of 10 hours a week and includes all related cost factors. The estimated revenue to MCDPH is an annual amount of $39,000. The initial RFP Contract period is December 1, 2016, through November 30, 2017, which may be renewed for additional twelve (12) month periods. MCDPH indirect rate for FY2016-2017 is 15.1%. The full indirect costs are estimated at $5,117, all of which is 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 Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this grant will be provided by ADHS and will not affect the County general fund. (C-86- 17-029-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Real Estate - Bienes Raíces 85. SPECIAL LAND USE PERMIT WITH ARIZONA STATE LAND DEPARTMENT FOR WIRELESS COMMUNICATION FACILITY CONSTRUCTION STAGING AREA Formal Meeting Minutes Wednesday, December 07, 2016 Page 77 of 98 Approve an Agreement between Arizona State Land Department (23-119052-03) and Maricopa County through the Facilities Management Department, in the not-to-exceed amount of $2,400.00 The purpose of this Agreement is to Approve Special Land Use Permit 23-119052-03 with Arizona State Land Department (ASLD) for authorization to establish a construction / helicopter staging area for the planned Maricopa County wireless communication facilities at Table Mesa (southeast of Table Mesa Road and Interstate 17), and authorize the Chairman to execute the Special Land User Permit. This Agreement is effective from October 28, 2016 until October 27, 2017. As part of the County’s Radio System Upgrade Project, the subject Special Land Use Permit with the ASLD will allow the county to develop a wireless communications facility at Table Mesa (southeast of Table Mesa Road and Interstate 17). The Special Land Use Permit is for one (1) year and will cost $2,400. (C-70-17-008-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 86. RESCIND AND APPROVE REVISED AMENDMENT TO LICENSE AGREEMENT WITH CITY OF PHOENIX FOR USE OF REAL PROPERTY Rescind approval of item C-18-12-011-3-05 and approve and execute a revised Amendment No. 5 to License Agreement for Use of Real Property between Maricopa County (Licensor) and City of Phoenix (Licensee), No. P-50189. This License is for City of Phoenix Police Department use of County property as deemed appropriate by the Maricopa County Director of Protective Services or his/her superior. Item C-18-12-011-3- 05 was approved November 2, 2016 and allowed for a five (5) year renewal term. The Licensee informed County that they could not agree to a five year renewal after the Board approved the item. This revised Amendment 5 will extend the term for one (1) year and is the last of five (5) one (1) year options for Licensee to renew. The renewal term for the subject license agreement shall commence January 1, 2017, and will expire December 31, 2017. The license agreement may be terminated by either party upon a 30-day written notice to the other. (C-18-12-011-3-06) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 87. AMENDMENT TO LICENSE AGREEMENT WITH EDUARDO HARAMINA DBA ED THE HOTDOGGER FOR USE OF REAL PROPERTY Approve and authorize the Chairman to execute Amendment No. 5 to License Agreement for Use of Real Property No. P-50185 with Eduardo Haramina, dba Ed the Hotdogger (Licensee), for the use of Maricopa County (Licensor) Property at the southwest corner of 1st Avenue and Jefferson Street in downtown Phoenix for the purpose of operating a food/beverage cart station. The renewal term will commence January 1, 2017 and will expire on December 31, 2017, unless terminated earlier as allowed per the agreement. This is the fifth of five (5) renewal options granted in the original agreement. Either party may terminate this agreement with a 30-day written notice to the other. The annual license fee for the renewal term is $500.00. (C-18-12-012-3-05) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, December 07, 2016 Page 78 of 98 88. TRANSFER OF COUNTY OWNED LAND FROM THE DEPARTMENT OF TRANSPORTATION, A HIGHWAY USER REVENUE FUND (HURF) ASSET, TO MARICOPA COUNTY DECLARE real property at the Durango Campus acquired by Maricopa County with HURF funds for use by the Department of Transportation (identified as APN 105-17-003Y and APN 105-17-006 and described on the attached exhibit) as excess for Department of Transportation use and APPROVE, and authorize the Chairman to execute the required documents to transfer the subject fixed asset, to Maricopa County for the construction of the Intake Transfer Release facility at the Durango campus. Also, authorize the transfer of $5,250,000, the appraised value of the asset, from the Detention Capital Projects Fund (455) to the Transportation Operations Fund (232). Also approve the following adjustments to the FY2017 Maricopa County Budget: a) Increase the revenue appropriation for the Department of Transportation (D640) Transportation Operations Fund (232) Non Recurring Non Project (NRNP) in the amount of $5,250,000; b) Increase the expenditure appropriation in the Non Departmental (D470) Non Departmental Grants Fund (249) Non Recurring Non Project (NRNP) in the amount of $5,250,000; c) Decrease the Revenue and Expenditure budgets in the Elimination (D980) Elimination Fund (900) Non Recurring Non Project (NRNP). (C-70-17-009-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 89. U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE COMMUNICATIONS USE LEASE APPROVE, and authorize the Chairman to execute, U. S. Department of Agriculture Forest Service Communications Use Lease for the Bronco Butte site and authorize the Chairman to execute all other documents associated with the communications use lease for the Bronco Butte facility. This communications use lease allows Maricopa County the right to use and modify an existing communications site on Tonto National Forest land at the Bronco Butte site. This communication site supports the County’s wireless communications system. This communications use lease will allow the County to make modifications to the Bronco Butte site in support of the implementation of the County’s Radio System Upgrade Project. All funding for costs associated with the construction, installation and start-up of wireless communication equipment at the Bronco Butte site are part of the County’s Radio System Upgrade Project budget (C-73-13-077-7-00). This agenda item also authorizes the Chairman to sign other documents that may be required in support of this communications use lease. (C-70-17-010-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Risk Management - Gestión de Riesgos 90. AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT WITH JPMORGAN CHASE BANK Approve amendment to the Irrevocable Standby Letter of Credit. An amendment is Formal Meeting Minutes Wednesday, December 07, 2016 Page 79 of 98 required for the new workers' compensation liability amount which is $13,526,071 that will be in place from January 1, 2017 through December 31, 2017. This amount will fluctuate annually as it is based on claims and reserves, with older claims closing and new claims opening. The Letter of Credit serves as security for the County's projected liability for workers' compensation claims. The Letter of Credit will be reserved against the County's existing Line of Credit. The Line of Credit is restricted by the amount of the Letter of Credit. It is not expected there will be reason for the Letter of Credit to be drawn on; however, the Industrial Commission of Arizona requires the negotiable security. The original Irrevocable Standby Letter of Credit with Chase/Bank One, Arizona was approved by the Board of Supervisors July 24, 2002, agenda number C-75-03-001-1-00. Subsequently, each year the Board of Supervisors has approved amendments as the projected liability amounts for workers' compensation claims have changed. The Letter of Credit with JPMorgan Chase Bank that was extended through December 31, 2015 was for $15,151,706 The amount was amended to $15,705,634 and was extended through December 31, 2016 (C-75-09-006-2-08). (C-75-09-006-2-09) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Transportation - Transportación 91. AMENDMENT TO IGA WITH TOWN OF GUADALUPE FOR OPERATING AND MAINTAINING TRAFFIC SIGNAL Approve the First Amendment to the Intergovernmental Agreement (C-91-11-239-M-00) which was approved July 6, 2011, between Maricopa County and the Town of Guadalupe for Operating and Maintaining the Traffic Signal at Calle Guadalupe and Avienda Del Yaqui. The County and the Town desire to extend the term of the 2011 IGA for an additional five (5) years for the operation and maintenance of the traffic signal at Calle Guadalupe and Avienda Del Yaqui and invoice the Town for annual service. This amendment will only change the length of the terms but all other terms of the 2011 IGA will remain in effect. This First Amendment shall become effective as of the date it is approved by the Maricopa County Board of Supervisors and the Guadalupe Town Council. Supervisory District No. 5 (C-91-11-239-M-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 92. AMENDMENT TO IGA WITH TOWN OF QUEEN CREEK FOR THE IMPROVEMENTS OF THE RIGGS ROAD FROM POWER ROAD AND HAWES ROAD Approve the First Amendment to the Intergovernmental Agreement (C-64-15-136-M-00) between Maricopa County and the Town of Queen Creek for the Improvements of Riggs Road from Power Road to Hawes Road. The purpose of this First Amendment is to amend the 2015 Intergovernmental Agreement (IGA) to revise the responsibilities of the County and Queen Creek for Improvements of Riggs Road from Power Road to Hawes Road (TT0406). The Town has requested that the County include the removal and construction of approximately 8,300 linear feet of irrigation pipe estimated to cost $1,270,000. The Town shall be responsible for all the costs related to this request and the County shall invoice the Town for all costs related to the irrigation Formal Meeting Minutes Wednesday, December 07, 2016 Page 80 of 98 pipe. This First Amendment shall become effective as of the date it is approved by the Maricopa County Board of Supervisors and the Queen Creek Town Council. To the extent that this First Amendment changes the terms of the 2015 IGA, this First Amendment shall supersede and replace the previous terms in original agreement. Supervisory District No. 1 (C-64-15-136-M-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 93. IGA WITH THE CITY OF MESA TO WAIVE TRAFFIC CONTROL PERMIT FEES Approve the Intergovernmental Agreement between Maricopa County and City of Mesa to waive traffic control permit fees in certain situations. Under the Intergovernmental Agreement, the agencies will agree to reciprocally waive traffic control permit fees for projects meeting specific requirements. The Agreement will remain in effect through June 30, 2021 unless extended by appropriate actions by the County and City. Either party may terminate this Agreement at any time prior to the expiration date by furnishing the other party with a thirty (30) day written notice. This Agreement will allow for traffic control permit fees to be waived when the City has a project adjacent to or near County right-of-way, the County is not a partner to the project, and the City needs to place traffic control in County right-of-way for appropriate notice and safety. The traffic control permit fees would be waived for County projects meeting the same conditions. Both parties are required to submit traffic control plans and follow standard permitting requirements. The review of the traffic control permit application plans would be expedited by both parties to allow for timely project delivery. Supervisory District No. 2 (C-64-17-058-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 94. IGA WITH THE CITY OF PEORIA TO WAIVE TRAFFIC CONTROL PERMIT FEES Approve the Intergovernmental Agreement between Maricopa County and City of Peoria to waive traffic control permit fees in certain situations. Under the Intergovernmental Agreement, the agencies will agree to reciprocally waive traffic control permit fees for projects meeting specific requirements. The Agreement will remain in effect through June 30, 2021 unless extended by appropriate actions by the County and City. Either party may terminate this Agreement at any time prior to the expiration date by furnishing the other party with a thirty (30) day written notice. This Agreement will allow for traffic control permit fees to be waived when the City has a project adjacent to or near County right-of-way, the County is not a partner to the project, and the City needs to place traffic control in County right-of-way for appropriate notice and safety. The traffic control permit fees would be waived for County projects meeting the same conditions. Both parties are required to submit traffic control plans and follow standard permitting requirements. The review of the traffic control permit application plans would be expedited by both parties to allow for timely project delivery. Supervisory District No. 4 (C-64-17-057-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Formal Meeting Minutes Wednesday, December 07, 2016 Page 81 of 98 95. INCREASE AMOUNT ON SOLE SOURCE CONTRACT WITH BENTLEY SYSTEMS, INC. Approve an increase to the amount authorized on Contract No. 14079-CI, a sole source contract with Bentley Systems, Inc., of $62,975 to fund this integrated software and services through contract end November 30, 2017. This file format is utilized by the MCDOT road design teams to provide project deliverables that meet established MCDOT CADD standards within MicroStation. MCDOT has used this software platform for a number of years and is an industry standard for DOT agencies nationally. All MCDOT standards have been developed based on the use of this software. Bentley Systems, Incorporated is the only supplier and provider of this software. (C-64-15- 047-M-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 96. RESCIND BID AND AWARD FOR CONSTRUCTION OF ROCKAWAY HILLS FROM 251ST AVENUE TO 255TH AVENUE Rescind the solicitation of bid approval from May 4, 2016, for the Maricopa County Department of Transportation’s construction of Rockaway Hills from 251st Avenue to 255th Avenue. Carson Construction, the lowest bidder withdrew their bid and the next lowest bid was greater than 10% of the Engineer’s estimate. The project improvements include placing two 12-foot lanes consisting of a 2-inch thick Asphalt Concert (AC) pavement structural section, new striping and signing, relocating utilities and constructing concert cut- off walls. Funds will be budgeted through the Transportation Department 640 Transportation Capital Projects Fund 234 Dust Mitigation (DIMT) Project, Sub-Project TT0453. The project was identified and considered for improvements under Maricopa County Department of Transportation's (MCDOT) Low Volume Road (LVR) Program for the purpose of dust mitigation. Under this program, MCDOT plans to suppress dust generated by paving the more frequently traveled dirt roads in an effort to improve air quality. Supervisory District No. 4 (C-64-16-106-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 97. AWARD CONTRACT FOR CONSTRUCTION OF ROCKAWAY HILLS FROM 251ST AVENUE TO 255TH AVENUE 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 for the Maricopa County Department of Transportation’s construction of Rockaway Hills from 251st Avenue to 255th Avenue. Improvements include placing two 12-foot lanes consisting of a 2-inch thick Asphalt Concrete (AC) pavement structural section, new striping and signing, Formal Meeting Minutes Wednesday, December 07, 2016 Page 82 of 98 relocating utilities and constructing concrete cut-off walls. Funds will be budgeted through the Transportation Department 640 Transportation Capital Projects Fund 234 Dust Mitigation (DIMT) Project, Sub-Project TT0453. The project was identified and considered for improvements under Maricopa County Department of Transportation's (MCDOT) Low Volume Road (LVR) Program for the purpose of dust mitigation. Under this program, MCDOT plans to suppress dust generated by paving the more frequently traveled dirt roads in an effort to improve air quality. Supervisory District No. 4 (C-64-17-055-5-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 98. BID AND AWARD FOR CONSTRUCTION OF CAREFREE HIGHWAY AREA: 10TH STREET FROM DOVE VALLEY ROAD TO PAINT YOUR WAGON TRAIL Approve the solicitation of bids for the Maricopa County Department of Transportation’s construction of paving 0.74 miles of roadway to mitigate dust pollution on 10th Street from Dove Valley Road to Paint Your Wagon Trail and on Dove Valley Road from 10th Street to 12th Street. Work includes subgrade preparation, furnishing and placing of asphalt concrete pavement, concrete curb and gutter, culverts, headwall construction as well as other incidental work. Award the contract to the lowest responsive bidder, provided that the lowest bidder does not exceed the Engineer’s estimate by more than ten percent. Funds will be budgeted through the Transportation Department 640 Transportation Capital Projects Fund 234 Dust Mitigation (DMIT) Project, Sub-Project TT0457. The proposed project will pave 0.74 miles of roadway to mitigate dust pollution on two gravel roadway segments: 10th Street from Dove Valley Road to Paint Your Wagon Trail and on Dove Valley Road from 10th Street to 12th Street. Supervisory District No. 4 (C-64- 17-059-5-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 99. 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-06-17-238-7-00) A. (LA) State Land Department No. 16-112917 – Amendment to Right of Way – Loop 303 and El Mirage Rd – from State Land Department State of Arizona to Maricopa County Department of Transportation. B. D23327 Project #: TT0497 – Olive Avenue (Citrus Road to Cotton Lane) (JR) – Warranty Deed – Assessor’s Parcel #: 502-08-001C – Frank Conforti as Trustee and Concetta Conforti as Trustee for the sum of $9,674.00. C. D23327 Project #: TT0497 – Olive Avenue (Citrus Road to Cotton Lane) (JR) – Purchase Agreement and Escrow Instructions Assessor’s Parcel #: 502-08-001C – Frank Conforti as Trustee and Concetta Formal Meeting Minutes Wednesday, December 07, 2016 Page 83 of 98 Conforti as Trustee. D. D23327-1 Project #: TT0497 – Olive Avenue (Citrus Road to Cotton (JR) Lane) Temporary Construction Easement and Agreement for Highway Purposes – Assessor’s Parcel #: 502-08-001C – Frank Conforti as Trustee and Concetta Conforti as Trustee for the sum of $1,550.00. E. D23327-2 Project #: TT0497 – Olive Avenue (Citrus Road to Cotton Lane) (JR) – Drainage Easement – Assessor’s Parcel #: 502-08-001C – Frank Conforti as Trustee and Concetta Conforti as Trustee for the sum of $11,485.00. F. D23353 Project #: TT0456 – Honda Bow Rd to Circle Mountain Rd – (SW) Right of Way from State Land Department State of Arizona to Maricopa County Department of Transportation for the sum of $72,072.00. G. D23381-1 Project #: TT0345 – MC-85 at 95th Ave to 75th Ave Temporary (JRW) Construction Easement and Agreement for Highway Purposes – Assessor’s Parcel #: 101-12-001J MRE PAZ, LLC for the sum of $2,203.00. H. D23400-2 Project #: TT0452 – Patton Road Improvements Drainage (GL) Easement – Assessor’s Parcel #: 503-32-025 Jozo Jukic for the sum of $2,928.00. I. D23400-2 Project #: TT0452 – Patton Road Improvements Purchase (GL) Agreement and Escrow Instructions Assessor’s Parcel #: 503- 32-025 – Jozo Jukic. Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 100. REAPPOINTMENT TO THE MERIT SYSTEM COMMISSION Approve the reappointment of Sean B. Lake to the Merit System Commission representing Supervisorial District 2. The term of appointment will be from January 1, 2017 through December 31, 2020. (C-06-17-174-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 101. REAPPOINTMENT TO THE PARKS AND RECREATION ADVISORY COMMISSION Approve the reappointment of Rodney Jarvis to the Parks and Recreation Advisory Commission as the Member At-Large. The term will be effective January 1, 2017 through Formal Meeting Minutes Wednesday, December 07, 2016 Page 84 of 98 December 31, 2018. (C-06-17-233-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 102. REAPPOINTMENT TO THE PLANNING AND ZONING COMMISSION Approve the reappointment of Greg Arnett to the Planning and Zoning Commission representing Supervisorial District 2. The term of appointment will be effective January 1, 2017 through December 31, 2020. (C-06-17-225-7-00) Supervisor Chucri and Supervisor Barney thanked Greg Arnett for his continued service. Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 103. REAPPOINTMENT TO THE STATE BOARD OF EQUALIZATION Approve the official reappointment of Darryl Jacobson Barnes, representing District 1, to the State Board of Equalization. The term of office will be from January 1, 2017 through December 31, 2020. (C-06-17-197-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 104. REAPPOINTMENTS TO THE STATE BOARD OF EQUALIZATION Approve the reappointments of Stephen Haig and Joe Propati to the State Board of Equalization as nominated by Supervisorial District 4. The term of the appointments will be effective January 1, 2017 through December 31, 2020. (C-06-17-173-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 105. AMEND RESIGNATION DATE FOR JUSTICE OF THE PEACE ANDERSON Amend the action taken on November 17, 2016 regarding the resignation date for Justice of the Peace Mark Anderson. The resignation date is being amended from January 1, 2017 to December 31, 2016. (C-06-17-211-7-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ Formal Meeting Minutes Wednesday, December 07, 2016 Page 85 of 98 ~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix, amenos que de otromodo notado~ Air Quality 106. AQ-2016-005-RULE 372 (MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPS) PROGRAM) Pursuant to A.R.S. §49-479(b), set a public hearing for February 1, 2017 to solicit comments and consider the adoption of proposed rescission of Maricopa County Air Pollution Control Regulations Rule 372 (Maricopa County Hazardous Air Pollutants (HAPS) Program) and associated Appendix H (Procedures for Determining Ambient Air Concentrations for Hazardous Air Pollutants). Following the public hearing, the Board is requested to approve the proposed rescission of Rule 372 and associated Appendix H. Upon Board approval, this item will become effective February 1, 2017. The Maricopa County Air Quality Department (MCAQD) is proposing to rescind Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) and associated Appendix H (Procedures For Determining Ambient Air Concentrations For Hazardous Air Pollutants). Rule 372 and associated Appendix H were adopted on June 6, 2007 as required by Arizona Revised Statutes (A.R.S.) §49-480.04 (County Program For Control Of Hazardous Air Pollutants). The rules apply to new sources of HAPs or modified sources of HAPs, when such existing sources increase the emissions of a HAP by more than a de minimis amount. These rules regulate HAPs that are on the federal list of HAPs - Section 112(b) of the Clean Air Act and list de minimis levels for Maricopa County HAPs and 24 minor source categories subject to the program. The rules are similar to and no more stringent than the Arizona Department of Environmental Quality’s (ADEQ’s) Arizona program for the regulation of HAPs. ADEQ’s Arizona program for the regulation of HAPs was intended to replace the Arizona Ambient Air Quality Guidelines (AAAQG), which are health-based guidelines/acceptable concentration levels for hazardous air pollutants that are regulated by the State Of Arizona. The AAAQGs are not standards but residential screening values that help agencies make sound environmental risk management decisions to protect human health. ADEQ’s Arizona program for the regulation of HAPs (rules R18-2-1701 through R18-2-1709) expired on August 26, 2016 and is no longer in effect. On March 20, 2008 as a result of the final judgment of the Maricopa County Superior Court in Oak Canyon Manufacturing et al. v. Arizona State Department of Environmental Quality, CV 2006-018439, ADEQ’s Arizona program for the regulation of HAPs is unenforceable. The superior court held that ADEQ does not have authority to regulate de minimis amounts of federal HAPs. Since Maricopa County’s HAPs program (Rule 372 and associated Appendix H) is similar to and no more stringent than ADEQ’s Arizona program for the regulation of HAPs and the superior court held that ADEQ does not have authority to regulate de minimis amounts of federal HAPs, the MCAQD is proposing to rescind Rule 372 and associated Appendix H. The federal HAPs standards at 40 Code of Federal Regulations Part 61 and Part 63, which are incorporated by reference in Maricopa County Air Pollution Control Regulations Rule 370 (Federal Hazardous Air Pollutant Program), are separate and independent from Formal Meeting Minutes Wednesday, December 07, 2016 Page 86 of 98 Maricopa County’s HAPs program (Rule 372 and associated Appendix H) and remain fully enforceable. Sources of federal HAPs in Maricopa County remain obligated to comply with any applicable requirements of the federal program. Permit fees are not changing due to this action. (C-85-17-016-M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Transportation – Transportación 107. ROAD FILE NO. 5912 Set a hearing for January 11, 2017 for Road File No. 5912 to Open and Declare the following described alignments into the County Transportation System. (General Vicinity: El Mirage Road and Jomax Road. Supervisor District No. 4) (C-64-17- 054-M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 108. ADMINISTRATIVE CORRECTION TO PREVIOUSLY RECORDED QUIT CLAIM DEED Correct the action taken by the Board of Supervisors on December 20, 2006 under C4307001700 related only to the offer accepted on parcel 300-18-003A. With this action, the Board approves a Correcting Quit Claim Deed which will effectively cancel the Quit Claim Deed previously recorded on January 3, 2007 under recording number 2007- 0010256. The grantees names will be corrected from Callie Lounie Evitt Norma Garrison to Callie Louine Evitt and Norma Garrison. (C-06-17-221-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 109. CIVIL PENALTY APPEALS – FOR APPROVAL Pursuant to A.R.S. §42-12052, for property owners who satisfied the requirements of primary residence status: 1. Approve property owners' and current owners' appeals of a civil penalty assessment, direct the Assessor to reclassify the subject properties to Property Class Three, and waive the civil penalty. 2. Approve the related resolutions associated with changing the legal classification to Class Three – Owner Occupied pursuant to A.S.R. §42-12003 and issue State Aid Credit, if applicable. 3. Direct the Treasurer to make conforming corrections to the property owners’ tax bills and send notifications of the change in tax liability. Formal Meeting Minutes Wednesday, December 07, 2016 Page 87 of 98 The list of recommended parcels is attached and will be on file in the Clerk of the Board's Office and retained in accordance with ASLAPR approved retention schedule. In addition, approve the following actions for additional appeal groups which will correct the classification and penalty assessment for tax years 2015 and/or 2016: - Group 1 - Direct the Assessor to reclassify the subject properties to Property Class Three for tax year 2015 only, issue State Aid Credit and waive the civil penalty. - Group 2 - Direct the Assessor to waive the civil penalty only due to partial year (2016) primary residence occupancy. - Group 3 - Direct the Assessor to waive the civil penalty only due to error. (C-06-17-222-7- 00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 110. CIVIL PENALTY APPEALS – FOR DENIAL Pursuant to A.R.S §42-12052, deny the property owner’s appeal of a civil penalty assessment regarding property reclassification, which have not satisfied the requirements of occupancy status, and maintain property classification at class four property (non-primary residence). The class four properties classification (non-primary residence), remains in effect. The list of recommended parcels is attached and will be on file in the Clerk of the Board's Office and retained in accordance with ASLAPR approved retention schedule. (C- 06-17-223-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 111. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from the Sheriff's Office for October 2016, for a Cash Value of $1,177.00 and the non-cash donation with a value of $3,683.67. (C-06-17-220-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 112. 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-06-17-218-7-00) Name Warrant No Amount Jardine Baker Hickman & Houston 370003535 2,674.50 Formal Meeting Minutes Wednesday, December 07, 2016 Page 88 of 98 USA Forensic LLC 370006931 7,875.00 John Christy 170029673 319.19 AZ Department of Environment 370004092 375.00 Cochise Petroleum - Rita Sotelo 460051456 1,462.33 Christopher Chick 170026568 390.38 Duanne Wilster 22430860 1,304.21 Raquel Barajas 170017746 1,476.79 Scott M. Parsons 170027904 1,309.39 Yvonne Gonzalez 460100698 709.56 Adrienne C. Lefevre 160040657 1,030.44 Cynthia C. Hill 22417813 140.00 Josephine Celestino 370005489 187.00 Katherine E. Ginivan 170027820 981.23 Cheryl L. Lyman 22418114 140.00 Jerome Edward James 22417883 130.00 Silvio Pavlovic 370003895 1,258.04 Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 113. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meeting held November 14, 2016. (C-06-17-219-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 114. 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-06-17-216-7-00) Phase Tax Year Tax Difference Number 2013 0289 -10,759.62 Formal Meeting Minutes Wednesday, December 07, 2016 Page 89 of 98 2014 0209 -18,087.10 2015 0136 -125,665.92 2016 0022 -1,049,273.32 2013 0288 -1,432.82 2014 0210 -1,360.34 2015 0137 -10,088.16 2016 0023 -36,710.48 2016 0030 13,974.18 2016 0029 -22,180.64 2015 0140 -1,078.62 2014 0213 -1,242.64 2013 0292 -1,485.16 2013 0290 -8,572.34 2014 0212 -1,881.08 2015 0139 -4,378.56 2016 0025 -68,256.66 2013 0291 -324.48 2014 0211 -840.86 2015 0138 -1,984.90 2016 0024 -4,751.72 2012 0343 -3,366.56 2013 0295 -18,704.76 2014 0216 -23,498.56 2015 0143 -18,630.30 2015 0033 -127,183.58 2016 0031 -30,038.64 2015 0141 -37,433.40 2014 0214 -56,303.22 2013 0294 -527.36 2013 0293 -44.28 2014 0215 -40.86 2015 0142 -39.62 2016 0032 -13,270.74 Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 115. 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- 17-018-M-00) 108-10-043 2011-2012 $15,822.97 108-10-044 2011-2012 $3,888.37 Formal Meeting Minutes Wednesday, December 07, 2016 Page 90 of 98 108-10-045 2011-2012 $1,942.01 960-33-232 2014-2015 $261.32 961-07-327 2012 $85.00 961-68-725 2012,2014-2015 $275.06 962-35-659 2013-2015 $194.12 964-02-659 2004-2013 $1,226.57 964-67-537 2013-2015 $246.10 964-88-072 2012-2015 $338.09 964-92-692 2009-2012 $231.54 965-24-983 1997-2006 $5,161.90 965-33-310 2012-2015 $334.77 966-17-840 2000-2009 $4,147.10 967-13-579 2014-2015 $218.38 967-97-748 2006-2012 $2,996.20 970-67-997 2010 $93.93 970-92-050 2014-2015 $209.17 980-54-509 1999-2003 $4,027.35 980-55-177 2003-2012 $264.50 982-54-690 2006-2012 $3,059.46 982-57-280 2006-2012 $232.86 982-88-357 2007-2012 $513.48 983-25-067 2009-2012 $709.10 Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo 116. SETTLEMENT/RESOLUTION OF PROPERTY TAX CASES AND CLAIMS Pursuant to A.R.S. §§42-16201 through 16258, approve the settlement/resolution of tax cases and claims as listed. (C-06-17-231-7-00) 2015/2016: TX2015-000445; TX2015-000446; 2016: TX2015-000860; TX2015-000928; TX2015-000931; 2016/2017: ST2016-000281; Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES Clerk of the Board A-1. SPECIAL EVENT LICENSE FOR THEATRE WEST Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Frances P. DeWell for Theatre West at 14401 R.H. Johnson Boulevard, Sun City West, Arizona 85375 to be held on Friday, January 13, 2017 from 8:00 pm to 11:00 pm. (Supervisorial District 4) (C-06-17-230-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Formal Meeting Minutes Wednesday, December 07, 2016 Page 91 of 98 Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo A-2. NEW LICENSE FOR WILD VINES Pursuant to A.R.S. § 4-201, approve an application filed by Diandra Marie Loza for a New Series 06 Liquor License for Wild Vines at 41111 North Daisy Mountain Drive, Suite 117, Phoenix, Arizona 85086. (AZ 06073611) (Supervisorial District 3) (C-06-17-203-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Assessor A-3. APPEAL MARICOPA COUNTY V. COMPASS BANK, A CORPORATION MERGED WITH FOUNDERS BANK OF ARIZONA, TX2016-001262 Approve the appeal filed in Maricopa County v. Compass Bank, a corporation merged with Founders Bank of Arizona, TX2016-001262. This matter was heard in Executive Session on December 5, 2016. (C-12-17-002-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Procurement Services A-4. 13082-CI, CGI/AMS 3.10 UPGRADE, AMENDMENT 3 Approve Amendment #3 to contract 13082-CI, CGI/AMS 3.10 Upgrade, Section 1.3, ANNUAL MAINTENANCE, to extend the coverage from September 2023 to June 2031. Exhibit A, PRICING, Section 1.3, is amended to show the extended period. The cost of the additional 7 years and 9 months of coverage is $9,262,086.00. (C-73-14-015-3-03) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo Transportation A-5. MARICOPA COUNTY V. 32ND AVENUE PROPERTY, LLC CV2015-002710 Approve settlement of condemnation action, Maricopa County v. 32nd Avenue Property, LLC CV2015-002710, in the amount of $17,005.00 plus statutory interest, as discussed in Executive Session on December 5, 2016. This item was discussed in Executive Session on December 5, 2016. (C-64-17-060-S-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD Formal Meeting Minutes Wednesday, December 07, 2016 Page 92 of 98 117. 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.) Robert Betsko, resident of Sun Lakes, noted health concerns regarding a dirt road located on the Gila River Reservation near his property and asked that someone look into his concerns. Supervisor Barney asked Mr. Betsko to stay and he would follow up with him after the meeting. Dianne Barker, resident, spoke of the upcoming college playoffs and traffic concerns. She asked that more individuals get involved with biking, carpools and vanpools then referred to a Maricopa Association of Governments magazine article about biking bringing business. 118. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Chucri thanked Chairman Hickman for his leadership and noted the Safe Start Program and Stadium District issues. He thanked Supervisor Kunasek and wished all the employees a great Christmas season. Supervisor Barney thanked Chairman Hickman for his leadership, he thanked Supervisor Kunasek and said his leadership will be missed and wished everyone a Merry Christmas and prosperous 2017. Supervisor Gallardo thanked Chairman Hickman for his leadership, he thanked Supervisor Kunasek for his guidance through the year and wished everyone Happy Holidays. Supervisor Kunasek thanked Chairman Hickman for his leadership, he thanked the following District 3 staff for their support through the years: Mark Stanton, Nellie Hermes, Kevin Tyne and Jim Bloom. Formal Meeting Minutes Wednesday, December 07, 2016 Page 93 of 98 Chairman Hickman stated it was his last formal meeting as Chairman, he thanked all of the employees and spoke of his opportunity through the year to meet several employees from all the departments. He reflected on items that were accomplished while he was Chairman. Motion to approve by Supervisor Chucri, seconded by Supervisor Barney 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, December 07, 2016 Page 94 of 98 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, December 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; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. I-1. CALLABLE FEATURE OF IMPROVEMENT DISTRICT BONDS K109 PLYMOUTH STREET IMPROVEMENT DISTRICT Approve calling of bonds issued by the K109, Plymouth Street Improvement District (District 2) in accordance with the procedures set out in A.R.S. §48-986. Property owners have pre-paid their property assessments to the District as allowed by A.R.S. §48-985. The pre-payments require the calling of bonds by the District Treasurer in accordance with A.R.S. §48-986. (C-64-17-056-7-00) Motion to approve by Director Barney, seconded by Director Kunasek 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, December 07, 2016 Page 95 of 98 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, December 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; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. F-1. 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. (C-06-17-237-7-00) A. Indian Bend Wash. – (Per Resolution # FCD 1999 R016) – HEL City of Tempe Project #: 3200031 – Permit #: 2003P115 – FCD Parcel #: N-2628 – Non Exclusive Water Line Easement from the Flood Control District of Maricopa County to the City of Tempe for the sum of $96,210.00. Motion to approve by Director Barney, seconded by Director Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo FLOOD CONTROL DISTRICT ADDENDUM ADÉNDUM DE DISTRITO DE CONTROL DE INUNDACIONES FA-1. ORDER DENYING AN APPEAL TO THE FLOOD CONTROL DISTRICT BOARD OF DIRECTORS Approve an Order by the Board of Directors of the Flood Control District to deny without prejudice the appeal filed by the Maricopa County Flood Control District of an Order entered by the Floodplain Review Board on September 1, 2016 as the matter is not ripe for appeal. This matter was heard in Executive Session on December 5, 2016. (C-06-17-245-7-00) Motion to approve by Director Barney, seconded by Director Chucri Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo MEETING ADJOURNED Formal Meeting Minutes Wednesday, December 07, 2016 Page 96 of 98 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, December 07, 2016 Page 97 of 98 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, December 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; Maria Ceaglske, Minutes Coordinator; Joy Rich, County Manager; and Michelle Wood, Legal Counsel. L-1. AMENDMENT TO BEQUEST FROM THE ISABEL DUNCAN TRUST Approve and accept the first amendment to a bequest to the Library District from the Isabel Duncan Trust in the amount of $105,142.75 for the Sun City Library. Also, approve a revenue appropriation adjustment to the Library District (D650) Library District Grants (242) non-recurring non-project (1001) budget in the amount of $105,143 for FY 2016-2017. This is the second payment from the Trust. Additional payments will be made as the trust is able to liquidate assets. (C-65-17-002-M-01) Motion to approve by Director Chucri, seconded by Director Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo L-2. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Library District for October 2016, for a Non-Cash Value of $9,078.34 and Cash Value of $1.75. (C-06-17-226-7-00) Motion to approve by Director Chucri, seconded by Director Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo L-3. DONATION FROM THE NEW FRIENDS OF THE NORTH VALLEY REGIONAL LIBRARY Approve and accept a check in the amount of $500.00 from the New Friends of the North Valley Regional Library for branch programming. 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. The Friends of the Library District continue to support the programs of the Library District in their communities. (C-65-17-016-D-00) Motion to approve by Director Chucri, seconded by Director Barney Ayes: Hickman, Kunasek, Chucri, Barney, Gallardo L-4. DONATION IN MEMORY OF ROBERT AND JANET MILLS Approve and accept a check in memory of Robert and Janet Mills in the amount of $400.00 Formal Meeting Minutes Wednesday, December 07, 2016 Page 98 of 98 for their work on behalf of the Ed Robson Branch Library from Joe D. Fenn. The donation is to further benefit the Ed Robson Branch Library. 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. Robert and Janet Mills were longtime supporters of the Ed Robson Branch Library in the Sun Lakes community. (C-65-17-017-D-00) Motion to approve by Director Chucri, seconded by Director Barney 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