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Board Members Steve Chucri, Chairman, District 2 Clint Hickman, Vice Chairman, District 4 Denny Barney, District 1 Andrew Kunasek, District 3 Steve Gallardo, District 5 County Manager Tom Manos "The mission of Maricopa County is to Clerk of the Board Fran McCarroll provide regional leadership and fiscally responsible, necessary public services to Meeting Location its residents so they can enjoy living in Supervisors' Auditorium healthy and safe communities” 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts Housing Authority of Maricopa County and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control District 45 Library District 49 Stadium District 50 Board of Deposit No Meeting Wednesday, September 23, 2015 9:00 AM Formal Meeting Minutes Wednesday, September 23, 2015 Page 2 of 48 1. INVOCATION - INVOCACIÓN Donna McHenry, Justice System Planning and Information, offered the Invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA John Gomez, District 5 Deputy Chief of Staff, led the assemblage in the Pledge. 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, September 23, 2015, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Clint Hickman, Vice Chairman, District 4; Denny Barney, District 1; Andrew Kunasek, District 3; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Armstrong, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. Supervisor Gallardo thanked Ms. McHenry for offering the Invocation and noted she is an advocate for youth within the community. He also thanked Mr. Gomez for leading the Pledge of Allegiance as Rev. Andrew Barreras was unable to attend. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Melissa Gable, Maricopa County Animal Care and Control, presented Frankie, a 12 year old Pomeranian mix. She stated he is available for a $20.00 fee at the West Shelter located at 2500 South 27th Avenue, Phoenix, AZ 85009. More information is available on the website: www.pets.maricopa.gov 5. DOMESTIC VIOLENCE PROCLAMATION Approve the "Domestic Violence Awareness Month" Proclamation. This proclamation recognizes October 2015 as Domestic Violence Awareness Month. (C- 95-16-002-M-00) Dianne Barker, resident, spoke in support of the proclamation. Chairman Chucri acknowledged the presence of the following members of the Arizona Coalition to End Sexual and Domestic Violence (AZCADV): Allie Bones, Chief Executive Officer Celeste Plumlee, Board member Ms. Bones thanked the County for supporting Domestic Violence Awareness Month. She indicated that in an effort to raise awareness within the region, “Paint Phoenix Purple” festivities would begin October 1, 2015 at 6:00 p.m. at the State Capitol. Ms. Plumlee thanked the Board for their support to end domestic violence. She shared her personal experience with domestic violence, noted current statistics and gave resources for those currently experiencing domestic violence. Formal Meeting Minutes Wednesday, September 23, 2015 Page 3 of 48 Chairman Chucri thanked Ms. Plumlee for her presence and for sharing her experience. Tom Manos, County Manager, said in an effort to make the community aware of domestic violence issues the County, State Capitol, University of Phoenix and City of Phoenix are working in collaboration to “Paint Phoenix Purple” by lighting each building purple. He stated the Arizona Coalition to End Sexual and Domestic Violence has coordinated with each shelter within the valley to distribute educational materials to schools and information containing solutions to end domestic violence will go out to the community. Mr. Manos noted there will be several events throughout October in an effort to bring additional awareness to the campaign to put an end to domestic violence. Fran McCarroll, Clerk of the Board, read the proclamation for Domestic Violence Awareness Month: PROCLAMATION “Domestic Violence Awareness Month” October 2015 WHEREAS, domestic violence is an epidemic affecting Americans in all communities, regardless of age, gender, economic status, race, religion, or educational background; and WHEREAS, domestic violence is a pattern of coercive control where one partner uses their power to control the other partner through physical, sexual, emotional, or financial abuse; and WHEREAS, the Centers for Disease Control and Prevention reports that nearly 1 in 4 women & 1 in 7 men have experienced domestic violence in their lifetime; therefore, 800,000 women and 450,000 men in Arizona may experience domestic violence in their lifetime; and WHEREAS, in 2014, 109 people were killed in domestic violence related homicides in Arizona according to the Arizona Coalition to End Sexual and Domestic Violence; and WHEREAS, the Arizona Department of Health Services advises that in Arizona, one or more children witness a domestic violence incident every 44 minutes; and WHEREAS, in one 24-hour period in 2014, 35 programs in Arizona served 1,602 victims of domestic violence as documented by the National Network To End Domestic Violence; and WHEREAS, the Arizona Department of Health Services advises that most cases of domestic violence are never reported to law enforcement authorities; and WHEREAS, enhanced education, prevention, and intervention efforts will increase public awareness, mobilize community action, and confront the abuse of power and control in interpersonal relationships; NOW, THEREFORE, BE IT RESOLVED, THAT MARICOPA COUNTY does hereby proclaim October 2015 as DOMESTIC VIOLENCE AWARENESS MONTH and encourages all citizens of Arizona to support the efforts of organizations providing education, outreach, and support to victims of domestic violence and call upon our citizens to dedicate themselves to ending all forms of violence and the abuse of power and control in relationships. Formal Meeting Minutes Wednesday, September 23, 2015 Page 4 of 48 DATED this 23rd Day of October, 2015. /s/ Steve Chucri, Chairman, District 2 /s/ Denny Barney, Supervisor, District 1 /s/ Andrew Kunasek, Supervisor, District 3 /s/ Clint Hickman, Supervisor, District 4 /s/ Steve Gallardo, Supervisor, District 5 ATTEST: /s/ Fran McCarroll, Clerk of the Board Supervisor Gallardo thanked the District 5 staff and noted that Cristina Arzaga-Williams, District 5 Chief of staff, is currently an AZCADV member and is active in domestic violence awareness. He thanked AZCADV members in attendance for their work and partnership. He noted the importance of providing information to the public and County employees. Supervisor Gallardo encouraged everyone to wear purple during the month of October and stated that AZCADV was purple ties. Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 6. EMPLOYEE AWARDS FOR REWARDING IDEAS PROGRAM Present the following employees with awards from the Rewarding Ideas Program: Derek DeVore, $453, Facilities Management: Proposed switching to the existing jail rooftop lighting system in order to reduce electricity consumption by 10 hours per night. This new method resulted in annual tangible savings of $2,267. Jennifer Hogue, $2,500, Sheriff’s Office: Proposed the elimination of printing the Inmate Rules and Regulations booklets annually and instead replaced the need for printing with an enclosed bulletin board case where a copy of the rules in both English and Spanish was posted for the Con Tents Jail inmates to read. This new method eliminated the need to print thousands of booklets. The new idea resulted in annual tangible savings of $11,888. (C-20-16-003-M-00) Fields Mosley, Communications Director, presented awards to the following Rewarding Ideas Program employees. Derek DeVore, Facilities Management, was awarded $453.00 for his proposal to switch the existing jail rooftop lighting system to reduce electricity consumption by 10 hours per night which saves the County $2,267 annually. Jennifer Hogue, Sheriff’s Office, was awarded $2,500.00 for her proposal to eliminate printing of the Inmate Rules and Regulations booklets by instead placing an English and Spanish copy within an enclosed bulletin board case which saves the County $11,888 annually. Mr. Mosley stated that Arizona state law allows the County to reward and recognize employees cost saving ideas that have been instilled because they save taxpayers money. Chairman Chucri thanked Mr. DeVore and Ms. Hogue for their rewarding ideas. Formal Meeting Minutes Wednesday, September 23, 2015 Page 5 of 48 STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 7. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR This is the time scheduled for a public hearing on the applications for liquor licenses. At this hearing, the Board of Supervisors will determine the recommendation to the State Liquor Board as to whether the State Liquor Board should grant or deny the license. a. PERSON AND LOCATION TRANSFER FOR RAVEN'S VIEW Pursuant to A.R.S. § 4-203, approve an application for a Person and Location Transfer of a Series #7 Liquor License from Robert Joseph Nelson to Randy D. Nations for Raven's View from 8900 East Via Linda Road, Scottsdale, Arizona 85258 to 42016 North Old Mine Road, Cave Creek, Arizona 85331. (AZ #07076008) (Supervisorial District #2) (C-06-16-048-M-00) Supervisor Kunasek recognized former County Supervisor Tom Rawles. Chairman Chucri noted it is always a pleasure to have former County Supervisors present. Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo b. SPECIAL EVENT LICENSE FOR CATHOLIC DAUGHTERS OF THE AMERICAS Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Joan Therese Cosson for Catholic Daughters of the Americas at 14818 West Deer Valley Drive, Sun City West, Arizona 85375 to be held on Saturday, October 31, 2015 from 3:00 pm to 7:00 pm. (Supervisorial District 4) (C-06-16-122- L-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo c. SPECIAL EVENT LICENSE FOR KNIGHTS OF COLUMBUS COUNCIL #11809 Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Ronald William Rinder for Knights of Columbus Council #11809 at 19002 North 128th Avenue, Sun City West, Arizona 85375 to be held on Saturday, December 19, 2015 from 5:00 PM to 10:00 PM. (Supervisorial District 4) (C-06-16- 108-L-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo d. SPECIAL EVENT LICENSE FOR KNIGHTS OF COLUMBUS #12144 Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Michael Anthony Granke for Knights of Columbus #12144 at 9728 Palmeras Drive, Sun City, Arizona 85373 to be held on Saturday, October 17, 2015 from 5:00 pm to 10:00 pm. (Supervisorial District 4) (C-06-16-097-L-00) Formal Meeting Minutes Wednesday, September 23, 2015 Page 6 of 48 Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo e. SPECIAL EVENT LICENSE FOR ST. STEVENS CATHOLIC CHURCH Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Fr. Eric Houseknecht for St. Stevens Catholic Church at 24827 South Dobson Road, Sun Lakes, Arizona 85248 to be held on Friday, October 23, 2015 from 5:00 pm to 9:00 pm. (Supervisorial District 1) (C-06-16-089-L-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Superior Court 8. CIVIL CASE COURT REPORTER FEE Pursuant to A.R.S. §11-251.08, convene the scheduled public hearing, to solicit comments and consider the adoption of Civil Case Court Reporter Fees of $140.00 half day and $280.00 full day. Upon Board approval, this item will become effective September 30, 2015. A.R.S. § 11-251.08 authorizes the Board of Supervisors to adopt fees for any specific service the County provides to the public as long as that fee is attributable to and defrays the expense of the service for which the fee is assessed and the fee does not exceed the actual cost of that service. One of the Court’s mandated duties is capturing the official record of court proceedings. Arizona Supreme Court Rule 30 directs when a court proceeding requires the presence of an official court reporter for this purpose. Beyond Rule 30, the Court determines whether the official record may be created by electronic recording. Maricopa County Local Rules 2.22 and 10.5 require a separate request for each proceeding, if a court reporter is requested and not mandated by Rule 30. These local rules provide parties with adequate time to make a request that the matter be handled by a certified and authorized court reporter. If approved and resources are available, the Court shall make arrangements for a certified and authorized court reporter to be present for the purpose of taking the record of the proceedings. The costs for the authorized court reporter will be borne by the requesting party, or as directed by the Court to secure that actual estimated costs are reimbursed to defray expenses of the services. Authorizing the Civil Case Court Reporter Fee of $140 half day and $280 full day will improve resource usage of court employed court reporters and reimburse expenses that are now expended in the support of non-County directed purpose. The new Civil Case Court Reporter Fee will be assessed to private parties in court proceedings which a court reporter is not required by law who prefer to have a certified and authorized court reporter rather than access to the electronically captured record. The Court anticipates that this will primarily occur in civil cases. In the event that a particular courtroom is not outfitted with functioning electronic recording technology, a certified and authorized court reporter will be made available without application of these fees. The approval of and availability of this fee will not restrict or inhibit any party’s ability to obtain a record of court proceedings based solely on that party’s inability to pay for these services. (C-80-16-001-2-00) Formal Meeting Minutes Wednesday, September 23, 2015 Page 7 of 48 Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Transportation – Transportación 9. ROAD FILE DECLARATIONS - DECLARACIONES DE CARRETERA Approve, by resolution, petitions to open and declare the following roads into the county highway system. This action will serve as notice of the Board of Supervisors’ acceptance of all U.S. Patent easements, reservations, rights-of-way or properties along the alignments into the Maricopa County highway system and will also authorize the maintenance and acquisition of the necessary rights-of-way through donation, purchase, or condemnation. a. ROAD FILE NO. 5906 Road File No. 5906 to Open and Declare the following described alignments into the County Transportation System. (General Vicinity: Peak View Road and 247th Avenue and known as Patton Place Estates Unit 4. Supervisor District No. 4) (C-64-16-007-M-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo b. ROAD FILE NO. A538 Road File No. A538 to Open and Declare the following described alignments into the County Transportation System. (General Vicinity: Acoma Road and 184th Avenue. Supervisory District No. 4) (C- 64-16-009-M-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Clerk of the Board - Secretaria de la Junta 10. APPLICATION FOR ST. ROSE PHILIPPINE DUCHESNE CATHOLIC PARISH FIREWORKS DISPLAY Formal Meeting Minutes Wednesday, September 23, 2015 Page 8 of 48 Pursuant to A.R.S. § 36-1603, approve an application for a fireworks display filed by Sarah Harris of Fireworks Productions of Arizona. The event will be located at the St. Rose Philippine Duchesne Catholic Parish at 2825 West Rose Canyon Circle, Anthem, Arizona 85086 on Saturday, October 17, 2015 at 9:00 PM. (Supervisorial District 3) (C-06-16-120- L-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Sheriff - Alguacil 11. DONATION TO MASH UNIT Approve the acceptance of a $300 donation from Jerry and Janet Bushey to the Maricopa County Sheriff’s Office that is designated for MCSO Animal Safe Haven (MASH). The donation will be used to help fund the care and treatment of animals that become part of the Sheriff’s custody resulting from criminal animal abuse situations. (C-50-16-025-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 12. TEMPORARY ONE-TIME ADDITIONS TO FLEET FOR HOLIDAY SEASON MALL PATROL Authorize Equipment Services to retain up to 20 serviceable vehicles scheduled to be taken out of the Sheriff’s Office and County-wide fleet so they can be used for 2015 holiday mall patrol which begins November 29, 2015 and concludes January 2, 2016. Fuel costs are estimated to be $3,500 and an allowance of up to $500 per vehicle for necessary repair to put the vehicle into service will be funded by the Sheriff’s Office (50) General Fund (100). Approval of this item allows the Sheriff’s Office to assemble a temporary fleet of enforcement vehicles in anticipation of increased activity at the malls throughout the Valley during the holiday shopping season. Posse volunteers are generally used for these assignments. The increased presence is intended to deter crime and enhance response of certified deputies. (C-50-16-019-M-00) Blue Crowley, resident, commented on items 17 and 18 questioned the effectiveness of patrols at local malls and stated it as publicity for the County Sheriff’s Office. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 13. EXEMPTIONS FROM MARKINGS AND ISSUANCE OF UNDERCOVER LICENSE PLATES FOR UNDERCOVER VEHICLES GOING INTO SERVICE Approve per A.R.S. §38-538.03 exemptions from markings and undercover license plate designations for 2 county fleet replacement vehicles assigned to the Sheriff’s Office Special Response Team for transporting inmates under non-routine circumstances. The specialized use requires these vehicles be exempt from markings for officer and inmate security. Formal Meeting Minutes Wednesday, September 23, 2015 Page 9 of 48 Board approval is required because by law, authorization for exemption from markings is vehicle specific, good for one year, and does not automatically transfer to replacement vehicles. (C-50-16-021-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 14. PRE-AUTHORIZATION TO ACCEPT AWARD OF K-9 BULLET AND STAB PROTECTIVE VESTS Authorize the Sheriff’s Office to accept, if awarded, up to 14 bullet and stab protective K9 vests from Vested Interest in K9s, Inc., a 501c(3), Massachusetts based organization. The maximum value of each vest is $2,234. Protective vests reduce the potential for life threatening harm and injury to K-9s in the line of duty. Approval of this item will allow the Sheriff’s Office to meet time-sensitive requirements of the award that specify issuing a local press release immediately upon notification of vest award and again upon receipt of the awarded vest(s) as required by the awarding organization. (C-50-16-022-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 15. RESCIND MOU WITH WESTERN MARICOPA EDUCATIONAL CENTER FOR DONATED VETERINARY SERVICES Rescind the action taken by the Board on June 24, 2015 to enter into a non-financial agreement between the Maricopa County Sheriff’s Office and the Western Maricopa Educational Center for Veterinary Services. This Agreement would have allowed the Sheriff’s Office MASH Unit to partner with Western Maricopa Educational Center for Veterinary Services whereby MASH Unit animals would receive treatment and students would gain hands on training experience. This action is necessary because the Agreement was not counter signed by Western Maricopa Educational Center for Veterinary Services. (C-50-15-112-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 16. IGA WITH FORT MCDOWELL YAVAPAI NATION FOR MUTUAL PROTECTION AND ASSISTANCE Approve an Intergovernmental Agreement (IGA) between the Fort McDowell Yavapai Nation and Maricopa County for the mutual protection and assistance in law enforcement. This IGA allows for the Sheriff’s Office and the Nation to cooperate and assist each other when requested so long as the request does not conflict with officer’ or deputy’s duties. This is a non-financial Agreement. Each party is responsible for its own costs and liability. The term of this IGA is December 1, 2015 to November 30, 2018. The IGA may be terminated at any time by either party with thirty (30) days written notice. This replaces the current three-year agreement which expires November 30, 2015 (C-50- 13-053-M-00). (C-50-16-020-M-00) Formal Meeting Minutes Wednesday, September 23, 2015 Page 10 of 48 Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 17. AGREEMENT WITH U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR THE DEA TASK FORCE FY2016 Approve the Agreement and acceptance of up to $70,192 in continued overtime reimbursement funding from the U.S. Department of Justice, Drug Enforcement Administration. This agreement shall be for two, one-year terms. The first term will run from September 30, 2015 to September 29, 2016, and the second term will run from September 30, 2016 to September 29, 2017. The agreement may be renewed for four, one-year renewal periods subject to the written agreement of the parties and the availability for federal funding. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. The Sheriff’s Office FY16 indirect cost rate is 17%. The unrecoverable indirect costs are estimated to be $11,932.64. This agreement reimburses 100% of the overtime costs ($70,192) and the employer related expenses (ERE) — FICA/Medicare and Retirement will be supported by HIDTA Forfeiture funds ($39,708) Approval of this agreement allows for reimbursement of overtime paid to the four deputies assigned to the DEA Task Force. The purpose of the agreement is to enhance disruption of the illicit drug traffic in Maricopa County and the State of Arizona by immobilizing targeted trafficking violators and organizations. The Sheriff’s Office has cooperated with the DEA since 1998. (C-50-16-023-G-00) Blue Crowley, resident, referred to a recent MCSO statement made by Joseph Arpaio, County Sheriff. He stated it is discriminatory and noted it as a publicity opportunity. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 18. AGREEMENT WITH U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES Approve the Agreement and acceptance of up to $569,314.62 in continued funding from the Drug Enforcement Administration, Organized Crime Drug Enforcement Task Force (OCDETF) Investigative/Strategic Initiative # SWAZP0734. The term of this Agreement is from October 1, 2015 through September 30, 2016. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. The Sheriff’s Office indirect cost rate for FY2016 is 17%. Unrecoverable indirect costs associated with this funding are estimated to be $64,694.01. There will be capital purchases ($188,761.60) that are not included in the indirect cost calculation. Formal Meeting Minutes Wednesday, September 23, 2015 Page 11 of 48 Approval of this Agreement will enable the Sheriff’s Office to purchase specialized equipment for undercover investigations and reimbursement of operational costs incurred by state and local enforcement of OCDETF Strike Force Investigation / Strategic Initiative. This task force disrupts the illicit drug trafficking organizations in Maricopa County and the State of Arizona by immobilizing targeted trafficking violators. (C-50-16-024-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Superintendent of Schools - Education Service Agency - Superintendente de Escuelas - Agencia de Servicio de Educación 19. DONATION FROM EXPECT MORE ARIZONA Per County policy A2508, accept a monetary donation in the amount of $1,000 from the Expect More Excellence Tour, as MCESA’s STEM Pro Live was the Judge’s Pick spotlight for the month of July. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-37-16-002-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 20. GRANT FUNDS FROM THE GOVERNOR’S OFFICE OF YOUTH, FAITH AND FAMILY FOR EDUCATION TUTORING Approve acceptance of $179,866 in grant funds from the Governor’s Office of Youth, Faith and Family CFDA No. 94.006. These funds come from the Corporation for National and Community Services (CNCS) administered by the Arizona Governor’s Office. The total grant amount is $238,356 which includes a match of $58,490. The grant agreement is from September 1, 2015 through August 31, 2016. The department's indirect cost rate for FY 2016 is 8.5%. The recoverable indirect cost of administering this grant is $8,565.05; the non-recoverable indirect cost is $5,995.53. 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 budget request does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. This Grant deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 5% indirect cost reimbursement as delegated in the Grant Agreement. Authorize the Chairman of the Board of Supervisors, or designee, to sign all documents related to this award. (C-37-16-004-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Formal Meeting Minutes Wednesday, September 23, 2015 Page 12 of 48 Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 21. EXTENSION OF GRANT FROM U.S DEPARTMENT OF EDUCATION FOR TEACHER INCENTIVE FUND Approve the continuation of federal grant funding from the U.S. Department of Education’s Teacher Incentive Fund (TIF) to Maricopa County through the Maricopa County Education Service Agency. The term of the grant is amended to six years beginning October 1, 2010, through September 30, 2016. (C-37-11-096-G-03) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 22. INTERDEPARTMENTAL AGREEMENT WITH THE MARICOPA COUNTY BOARD OF SUPERVISORS AND EDUCATION SERVICE AGENCY Approve an Interdepartmental Agreement between the Maricopa County Board of Supervisors (BOS) and Maricopa County Education Service Agency (MCESA) for which MCESA will provide youth engagement services through Education Intervention, Education Liaison and Education Capacity Building. In accordance with A.R.S. 42-17106(B), approve a transfer of expenditure authority increasing the Maricopa County Education Services (370) Detention Fund (255) Non- Recurring (0001) by $838,219 and decreasing Non-Departmental (470) Detention Fund (255) Non-Recurring (0001) TJST contingency line by $838,219. These actions will have a County-wide net impact of zero and they do not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. Also, In accordance with A.R.S. 42-17106(B), Increase the revenue and expenditure budget for the Maricopa County Education Services (370) Grant Fund (715) Non Recurring (0001) budget by $323,997 for FY 2015 Federal Payment Year Secure Rural Schools/Forest Fee. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. This action does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. These budget adjustments will support the operation of the pilot program for October 1, 2015 – June 30, 2017. (C-37-16-005-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Supervisor Barney recognized Dr. Don Covey and the District Chiefs of Staff on their involvement in a successful and needed opportunity. He noted it is an outgrowth of a Transforming Juveniles Through Successful Transitions (TJST) initiative. Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO Assistant County Manager - Sub Directora de Condado - MaryEllen Sheppard 23. 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 1. Approve a Memorandum of Understanding (MOU) between Maricopa County and the Cities of Phoenix & Mesa. On June 10, 2015 (C-95-15-007-G-00) the Board of Supervisors Formal Meeting Minutes Wednesday, September 23, 2015 Page 13 of 48 approved applying for and accepting the 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) funding in the amount of $952,411. This MOU is required pursuant to the grant application requirements. The MOU includes a negotiated reallocation to Maricopa County of $207,411 and $745,000 in funds to be reallocated to the City of Phoenix ($625,000) and the City of Mesa ($120,000). Grant awards are to be expended within a four (4) year period of time, starting October 1, 2014 and ending September 30, 2018. The JAG grant does allow up to 10 percent of the award for the administrative costs associated with administering JAG funds which includes indirect costs, and Maricopa County has been designated as the fiscal agent for this consortium of municipalities. 2. Approve the distribution of 2015 JAG funding among four County departments. Maricopa County will receive $207,411 through this grant. The Assistant County Manager’s Office will receive $47,411; Adult Probation will receive $40,000; the County Attorney’s Office will receive $40,000; the Sheriff's Office will receive $40,000 and Juvenile Probation will receive $40,000. 3. Approve the waiver of administration costs above 4.98% of funding allocated to Assistant County Manager/Justice System Planning and Information. Administrative costs over 4.98% are being waived so that a majority of the grant funding can be sub-granted to partner agencies, per the Memorandum of Understanding. Recovery of Indirect costs for remaining county departments (Adult Probation, County Attorney, Sheriff’s Office, and Juvenile Probation) and sub-recipients is not allowed. Assistant County Manager/Justice System Planning and Information (JSPI) FY16 indirect rate is 17.4%. JSPI will receive a total of $47,411 for grant administration, which includes $7,026.84 indirect cost recovery, which is allowable. Adult Probation will receive a total of $40,000; at their FY16 indirect rate of 12.9%, their indirect costs are $5,160, all of which is unallowable. The County Attorney’s Office will receive a total of $40,000; at their FY16 indirect rate of 13%, their indirect costs are $5,200, all of which is unallowable. Juvenile Probation will receive a total of $40,000; at their FY16 indirect rate of 31.9%, their indirect costs are $12,760 all of which is unallowable. The Maricopa County Sheriff’s Office will receive a total of $40,000; at their FY16 indirect rate of 17%, their indirect costs are $6,800 all of which is unallowable. Total indirect costs are $36,946.84 of which $7,026.84 is recoverable and $29,920 is unallowable. Maricopa County will be allocated $207,411 of the total award. Adult Probation will receive $40,000 for the Community Restitution Program, to provide court-ordered and statutorily mandated community projects for probationers. This is in keeping with the concept of Restorative Justice. The County Attorney’s Office will receive $40,000 for Gun Violence Prosecution to prosecute violent crimes involving deadly weapons (guns). Juvenile Probation will receive $40,000 to fund a programmer to enhance/create elements of iCIS to meet specific needs of juvenile justice related activities to align with evidence based and national best practices. The Sheriff’s Office will receive $40,000 to fund the Interdiction Narcotics Enforcement Team (INET), the focus being to disrupt and dismantle low, mid and high level Drug Trafficking Organizations. (C-95-16-003-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Correctional Health - Salud Correccional Formal Meeting Minutes Wednesday, September 23, 2015 Page 14 of 48 24. DONATIONS FROM DIAMOND PHARMACY, BIOREFERENCE AND GILEAD SCIENCES, INC Accept the monetary donations from Diamond Pharmacy in the amount of $3,000, BioReference in the amount of $1,000 and Gilead Sciences, Inc. in the amount of $1,000 for the expenses related to the hosting of the annual Correctional Health Professional conference by Maricopa County in 2015. Accept the monetary donations from Diamond Pharmacy in the amount of $3,000, BioReference in the amount of $1,000 and Gilead Sciences, Inc. in the amount of $1,000 for the expenses related to the hosting of the annual Correctional Health Professional conference by Maricopa County in 2015. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-26-16-004-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Employee Benefits and Health - Beneficios a los Empleados y la Salud 25. GRANT FUNDS FROM HEALTH RESOURCES AND SERVICES ADMINISTRATION FOR LIFE SAVING MEDICAL AND SUPPORT SERVICES Approve the application and acceptance of grant funds from Health Resources and Services Administration, (H89HA11478), in the not-to-exceed amount of $9,205,089 for the purpose of providing lifesaving medical and support services to people living with HIV/AIDS. The grant award begins on March 1, 2016 and ends on February 28, 2017. Authorize the Chairman to sign all documents related to these grant funds, as applicable. The grant allows a 10% rate for indirect costs, or $125,523.91 which may be incurred by the Department of Employee Benefits and Health or Maricopa County for the administration of this grant. The Maricopa County Department of Finance has calculated the Department of Employee Benefits and Health's composite indirect cost rate at 20%, or $251,047.82. The recoverable indirect cost of administering this grant is $125,523.91; the non- recoverable indirect cost is $125,523.91. Upon receipt of funds and pursuant to A.R.S. §42-17106(B), approve revenue and expenditure appropriation adjustments to the Employee Benefits and Health (390) Ryan White Part A (532) associated with the grant in the amount of $9,205,089 for FY 2016. 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 budget adjustment does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Ryan White Part A program receives funds from HRSA, under Part A of the Ryan White Treatment Modernization Act of 2006, to provide services to people infected with, or affected by HIV and 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 Formal Meeting Minutes Wednesday, September 23, 2015 Page 15 of 48 management, counseling, outpatient health services, food and nutrition services, legal services, transportation and emergency financial assistance. Pursuant to federal statue, 85% of the grant funds must be passed through to contractors ($7,824,326), HRSA's allowable administration includes: 10% of grant award for Administration and Planning Council Support ($920,509); and 5% of grant award for Clinical Quality Management ($460,254). HRSA allows for indirect costs which are included in the 10% administration. The indirect reimbursement rate is limited to 10% by the U.S. Health Resources and Services Administration. The Ryan White Part A program serves up to 3,500 people living with HIV/AIDS in Maricopa and Pinal counties, and is the "Payer of Last Resort" for their primary medical care. The Ryan White Act requires that the funding is 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 thus less likely to transmit the virus to other individuals. (C-39-16-002-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 26. AUTHORIZATION FOR NOMINALLY PRICED WELLNESS REWARDS Authorize the Department of Employee Benefits and Health to purchase and distribute nominally priced items (incentives) such as healthy snacks, health tracking devices, water bottles, sunscreen, etc., to promote health and wellness to eligible participants of Employee Wellness initiatives. Total cost of incentive items will not exceed $25,000. Funding for incentives is not to exceed $25,000 per year and must be within budgetary constraints as approved by the board upon budget adoption each fiscal year. (C-39-16- 003-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 27. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR STATEWIDE COMPREHENSIVE NEEDS ASSESSMENT Approve Amendment No. 2 to a(n) Intergovernmental Agreement between Arizona Department of Health Services (ADHS14-059037) and Maricopa County through the Department of Employee Benefits and Health in the not-to-exceed amount of $40,000. This amendment is funded by a grant from Health Resources and Services Administration, CFDA 93.917. The purpose of this amendment is to conduct a Statewide Comprehensive Needs Assessment. This amendment is effective from November 1, 2015 to October 31, 2018. All other terms and conditions of the Intergovernmental Agreement remain in full force and effect. This Agreement does not allow reimbursement for county indirect costs. The Maricopa County Department of Finance has calculated the Department of Employee Benefits and Health FY16 indirect cost rate at 20%. Therefore, the estimated unrecoverable indirect costs are $8,000. Acceptances of the funds without indirect reimbursement is appropriate because the funds will offset a portion of the direct cost for the statewide needs Formal Meeting Minutes Wednesday, September 23, 2015 Page 16 of 48 assessment, which the County is obligated to conduct by the terms of the existing Ryan White Part A Grant. Without the funding provided under the Agreement, the full cost of the needs assessment would have to be supported by existing grant funds. (C-39-14-020-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Facilities Management - Administración de Instalaciones 28. GRANTOR AGREEMENT WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR FOOD AND VENDING SERVICE AT VARIOUS COUNTY FACILITIES Approve an Agreement between Arizona Department of Economic Security and Maricopa County through the Facilities Management Department, for the purpose of Compliance with A.R.S. §41-1954 and Arizona Administrative Code, A.A.C. R6-4-302. This Agreement is non-financial and is effective from October 1, 2015 until October 1, 2018. Approval of the Agreement will backfill void as a consequence of existing contract termination with current vendor providing food services at existing downtown locations including Central Courts, County Administration and South Court Tower. Approval of the Agreement is in compliance with A.R.S. §41-1954 and Arizona Administrative Code, A.A.C. R6-4-302. (C-70-16-008-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Supervisor Barney thanked Tom Manos, County Manager and Reid Spaulding, Facilities Management Director on their extensive work on this item. Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Finance - Finanzas 29. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 08/20/15 through 09/02/15, 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-06-16-121-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Human Resources - Recursos Humanos 30. AMEND SCHEDULE OF PREMIUM PAY RATES Amend the Schedule of Premium Pay Rates applicable to all employees paid through the Maricopa County payroll system. Human Resources recommends adding a Courtroom Services Supervisor Training Day Off Differential to help meet the training needs of the Clerk of the Court. This action is consistent with the Maricopa County Compensation Plan (B7000), Multilingual Pay Policy (B7005), and Pay Differentials Policy (B7004). Previous amendments: 06/19/2013 (C-31-13-024-6-00), 07/30/2014 (C-31-13-024-6-02), 05/06/2015 (C-31-13-024-6-03), and 05/20/2015 (C-31-13-024-6-04). Formal Meeting Minutes Wednesday, September 23, 2015 Page 17 of 48 Per the Clerk of the Court, Courtroom Clerks must be present in a courtroom to ensure an accurate record of a hearing is documented for public record. The Court operates Monday through Friday between the hours of 8 a.m. and 5 p.m. This prevents the Clerk of the Court from delivering essential training to staff without interfering with courtroom coverage. To remedy this, the Clerk of the Court is implementing a new training program that will require Courtroom Clerk Supervisors to frequently work a full shift on Saturdays beyond their normal work schedule without the ability to flex the time off during the pay period. This differential will allow these employees to receive their regular hourly rate for the mandatory hours worked on the extra shift. (C-31-13-024-6-05) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 31. 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). Ranges: Grant/Contract Administrator Supervisor: $25.30-$37.29 ($52,624-$77,563) Program Coordinator: $18.64-$32.04 ($38,771-$66,643) (C-31-16-003-6-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Human Services - Servicios Humanos 32. AMENDMENT TO AGREEMENT WITH ARIZONA COMMUNITY ACTION ASSOCIATION Approve Amendment No. 1 to the Agreement between Arizona Community Action Association (ACAA), an Arizona nonprofit corporation, and Maricopa County, administered by its Human Services Department (MCHSD), to allocate additional Utility Repair Replacement and Deposit (URRD) funds in the not-to-exceed amount of $50,000. The Amendment increases funds URRD line item from $92,611 to $142,611, the overall contract agreement amount $434,944.18 to $484,944.18. The purpose of the Amendment is increase the provision of services for utility deposit and utility bill assistance services to eligible low-income residents of Maricopa County. The Amendment is effective upon signature by both parties. The Agreement term is from July 1, 2015 until June 30, 2016. The FY2016 Human Services Department negotiated indirect cost rate with the U. S. Department of Health and Human Services is 20.2% of salary and employee related costs. The total amendment increase is $50,000, of which $46,000 is utilized for direct service (utility) payments and is not subject to indirect cost recovery. The maximum program delivery amount allowed under this amendment is $4,000. Formal Meeting Minutes Wednesday, September 23, 2015 Page 18 of 48 This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Funding for this Agreement does not contain any County General Funds. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-22-15-078-3-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 33. AMENDMENT TO LEASE AGREEMENT WITH COMMUNITY ASSET AND RESOURCE ENTERPRISE PARTNERSHIP Approve Amendment No. 3 to Lease Agreement No. L-7410 (C-22-10-044-1) with Community Asset and Resource Enterprise (CARE) Partnership to exercise the option to extend the term of the lease for two (2) years, October 1, 2015 to September 30, 2017. This amendment is the third of four options to extend the term two years. There is one remaining option to renew for one, two-year term. The lease is for a Head Start program classroom located at 466 South Bellview Street, Mesa with adjoining restrooms and play area adjacent to the classroom for an infant/toddler playground. The rental fee is $575.00 per month or $6,900.00 per year and is funded through the Head Start FY2015-2016 base funds (C-22-15-050-P-00). This lease agreement does not impact the County General Fund. (C-22-10-044-1-03) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 34. MARICOPA COUNTY WORKFORCE DEVELOPMENT BOARD CERTIFICATION PETITION, BY-LAWS AND APPOINTMENT OF MEMBERS The Workforce Innovation and Opportunity Act (WIOA) was signed into federal law on July 22, 2014 as Public Law 113-128. WIOA replaces and supersedes the Workforce Investment Act of (WIA) of 1998. Thus, the Maricopa Workforce Connections (MWC) board which includes the MWC Youth Council is now sunsetted. Therefore, 1) Approve the By-Laws for the newly formed Maricopa County Workforce Development Board (MCWDB), which is created in accordance with WIOA, and 2) Authorize the appointments of the following individuals in compliance WIOA criteria as initial members of MCWDB with terms which shall expire on June 30, 2016: Business Representatives • Shelly Frey, Lowe’s HR Manager • Jim Godfrey, Jim Godfrey & Associates LLC. Principle • Kayong Holston, Ottawa University Director of Business Programs • Kelsie McClendon, Total Transit Corporate HR Manager • Vanessa Andersen, Rummel Construction Inc. HR Manager • Robin Schaeffer, Arizona Nurses Association Executive Director • Steve Troxel, Prencipia Inc. President & CEO • James Marshall, Scottsdale Lincoln Health Network Director of Human Resources and Organizational Development • Frank Armendariz, Man Power Group Regional Vice President • Rick McCartney, In Media Company, LLC. President & CEO • Melissa Rafalski, HNR Construction LLC – Home Energy Solutions Owner Formal Meeting Minutes Wednesday, September 23, 2015 Page 19 of 48 • Kim Hall, Goodwill of Central Arizona Community Experience Director • April Addison, Radisson Phoenix North HR Manager Workforce Representatives • Marie Sullivan, Arizona Women’s Education & Employment Inc. President & CEO • Shawn Hutchinson, IBEW Local 640 President/Business Representative • Rodney Pack, Arizona Pipe Trades Apprenticeship Program Manager • Che Collins, Job Corps Data Center Director • Chevera Trillo, Arizona Foundation for Women Education & Training Representatives • Blair Liddicoat, Rio Salado College Associate Dean • Tony Maldonado, Paradise Valley Unified School District Director of Career and Technical Education • Donna Pettigrew, Arizona College Admissions Manager Government, Economic & Community Development • Belinda Hanson, AZ DES Employment EA District I Program Manager • Reyes Medrano, City of Tolleson – Economic Development City Manager • Tim Stump, AZ DES Employer Coordinator • Patricia Wallace, Maricopa County Human Services Department Representative 3) In addition, approve the following actions for the Workforce Development Board Certification Petition as set forth on the attached petition: • BOS approves the certification request and provides assurances of the following: • As the chief elected officials of Maricopa County, the BOS is duly authorized to participate by and on behalf of Maricopa County and documentation of this authorization can be provided; • Maricopa County is in compliance and shall continue to comply with the requirements of the Act, all federal regulations implementing the Act, any revisions or amendments thereto, state issued instructions, and any and all applicable federal, state or local rules and regulations; and • Maricopa County accepts liability for any misuse of grant funds; • Authorize each member of the Board of Supervisors to sign the Workforce Development Board Certification Petition; and • Authorize the Chairman to sign and submit the Workforce Development Board Certification Petition for Maricopa County. Maricopa County has been designated a Local Workforce Development Area in compliance with Section 106 (b)(1)(A) of the Workforce Innovation and Opportunity Act. Maricopa County is responsible for increasing the employment, job retention, and earnings of Maricopa County residents through activities designed to improve the skill sets of the workforce. The MCWDB shall establish and receive its authority in accordance with WIOA, which was signed into law on July 22, 2014 as Public Law 113-128. The Workforce Development Board Certification Petition shall serve as formal notification to the Governor, Workforce Arizona Council, and DES of Maricopa County Board of Supervisors appointment of members to the local board, which meets composition requirements in WIOA. All actions of the MCWDB are advisory and the Maricopa County Board of Supervisors, as the Chief Elected Officials, shall have final approval and authorization. The MCWDB By- laws establish the guidelines for the roles and duties, terms, meetings, committees, Formal Meeting Minutes Wednesday, September 23, 2015 Page 20 of 48 appointments and reappointments of the members. (C-22-16-008-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Management and Budget - Administración y Presupuesto 35. CONTRACT WITH GREATER PHOENIX CHAMBER OF COMMERCE FOR NONPROFIT ECONOMIC DEVELOPMENT FUNDING IN FY2015/2016 Approve a Contract between Greater Phoenix Chamber of Commerce and Maricopa County Administered by its Office of Management and Budget, in an amount not-to-exceed $146,805. The purpose of this Contract is to provide FY 2016 non-profit economic development funding to the Greater Phoenix Chamber of Commerce for purposes to include the Phoenix Forward Initiative. This Contract is effective from July 1, 2015 until June 30, 2016. (C-49-15-063-3-00) Chairman Chucri recognized staff present from Greater Phoenix Chamber of Commerce. Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 36. CONTRACT WITH GREATER PHOENIX CONVENTION AND VISITORS BUREAU FOR NONPROFIT ECONOMIC DEVELOPMENT FUNDING IN FY2015/2016 Approve a Contract between Greater Phoenix Convention and Visitors Bureau and Maricopa County administered by its Office of Management and Budget, in an amount not- to-exceed $222,431. The purpose of this Contract is to provide FY 2016 non-profit economic development funding to the Greater Phoenix Convention and Visitors Bureau for purposes to include attracting conventions, conferences and meetings; marketing and communications; the promotion of leisure travel; and other related activities. This Contract is effective from July 1, 2015 until June 30, 2016. (C-49-15-064-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 37. CONTRACT WITH GREATER PHOENIX ECONOMIC COUNCIL FOR NONPROFIT ECONOMIC DEVELOPMENT FUNDING IN FY2015/2016 Approve a Contract between Greater Phoenix Economic Council (GPEC) and Maricopa County administered by its Office of Management and Budget, in an amount not-to-exceed $573,675. The purpose of this Contract is to Provide FY 2016 non-profit economic development funding to the Greater Phoenix Economic Council (GPEC) for purposes to include regional marketing and promotion to improve the region’s business image, industry prospecting to diversify the economy through the attraction and expansion of desirable business and industry in key economic clusters, and facilitating regional economic Formal Meeting Minutes Wednesday, September 23, 2015 Page 21 of 48 development collaborations to build a strong business climate and develop an effective regional economic development network of organizations with a common vision and mission. This Contract is effective from July 1, 2015 through June 30, 2016. (C-49-15-065- 3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 38. NATIONAL FOREST FEES Pursuant to Public Law 112-141 (part of HR 527 Helium Stewardship Act) and A.R.S. § 11- 497, approve the apportionment of $358,583.08 of National Forest Fees for FY 2014-15. (C-49-16-008-M-00) The County Treasurer’s Office has on deposit National Forest Fees for FY 2014-15 in the amount of $358,583.08. The total apportionment is $494,090.02 with $39,527.20 being for Title II which were retained and already directly provided to Regional Advisory Committee. The remaining $454,562.82 represents Maricopa County’s share of the National Forest Fees apportionment of which $419,976.52 are Title I funds and $34,586.30 are Title III funds . A portion of the Title I funds ($95,979.74) was received on March 2, 2015 and apportioned by the Board of Supervisors to Schools and Roads (C-49-15-042-2-00) on May 6, 2015. The remaining balance has now been received. These funds will be allocated as described below: 1. Title III Funds: Emergency Management Department (151) Emergency Management Fund (215) $34,586.30 2. Title I Funds: Education Service Agency (370) Grant Fund (715) $323,996.78. Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Parks and Recreation - Parques y Recreación 39. NON-MOTORIZED RECREATION TRAIL EASEMENT WITH FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR THE MARICOPA TRAIL, WHITE TANKS FRS #3 STRUCTURE Accept and sign Non-Motorized Recreation Trail Easement between Flood Control District of Maricopa County and Maricopa County Parks and Recreation Department (Parks) for a portion of Maricopa Trail Segment 35. This Easement is being issued pursuant to IGA FCD 2006A002. The parcel is located at Jackrabbit Trail between Bethany Home Road and Northern Avenue and is part of a channel purchased for the White Tanks FRS No. 3 structure. The Flood Control District and Parks have an IGA that permits Parks to develop pedestrian, bicycle, and equestrian trails along with recreational features as part of the Maricopa Trail system throughout Maricopa County. This item is located in Supervisory District #4. (C-30-16-003-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, September 23, 2015 Page 22 of 48 40. ASSIGNMENT OF USE MANAGEMENT AGREEMENT WITH LAKE PLEASANT MARINA PARTNERS, LLC Approve an Assignment Agreement among Maricopa County, Lake Pleasant Marina Partners, LLC, and Scorpion Bay Holdings, LLC, regarding the Use Management Agreement (UMA) between Maricopa County and Lake Pleasant Marina Partners, LLC, originally approved on December 7, 2005, and as later amended (Amendment One) on March 12, 2008. Pursuant to the Assignment Agreement, Maricopa County consents to the assignment of the UMA from Lake Pleasant Marina Partners, LLC to Scorpion Bay Holdings, LLC for the management, operation and maintenance of the dry stack storage, restaurant, watercraft rental and boating supply store concession (known as Scorpion Bay Marina), all detailed in the UMA, as previously amended. Maricopa County originally entered into a Use Management Agreement with Lake Pleasant Marina Partners LLC (C-30-06-012-1-00) on December 7, 2005. Amendment One (C-30- 06-012-1-01) dated March 12, 2008, executed changes to amend Exhibit C.1 – Percentage Fee and Minimum Payment Schedule of the Agreement due to construction delays not the fault of the concessionaire and clarified additional language throughout the document. Scorpion Bay Holdings, LLC (wholly owned by Desert Troon Limited, LLC) will be acquiring Lake Pleasant Marina Partners LLC’s interest in the Use Management Agreement, including park assets. All underlying property interests will remain with Maricopa County in accordance with the Agreement. Lake Pleasant Marina Partners LLC requested the assignment in accordance with Section 18 of the Use Management Agreement. All conditions of the Agreement, including payment schedules, remain unchanged. Documentation provided by Desert Troon Limited, LLC indicates they have the financial assets, management and operations experience so that the Scorpion Bay Marina concession will continue to be a viable recreational asset open to all persons of Maricopa County. Initial term of the Agreement is from December 7, 2005, through June 28, 2040 with one (1) fifteen (15) year renewal option remaining. This item is located in Supervisory District 4. (C-30-06-012-1-02) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Planning and Development - Planificación y Desarrollo 41. AMENDMENT TO IGA WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, CITY OF AVONDALE, CITY OF BUCKEYE AND CITY OF GOODYEAR FOR THE EL RIO WATERCOURSE IMPLEMENTATION AND MANAGEMENT PLAN Approve an amendment to an IGA amongst the Flood Control District, Maricopa County, City of Avondale, City of Buckeye and City of Goodyear for the El Rio Watercourse Implementation and Management Plan. The amendment extends the completion date of the Intergovernmental Agreement (IGA) FCD 2013A003 to identify and define the Formal Meeting Minutes Wednesday, September 23, 2015 Page 23 of 48 responsibilities of the Flood Control District of Maricopa County (District), Maricopa County, City of Avondale, City of Buckeye and City of Goodyear for the cost sharing, planning, analysis and preparation of the El Rio Watercourse Implementation and Management Plan (Plan). The District’s contribution to the development of the Plan is capped at $50,000.00. The Plan is anticipated to be completed by the end of Fiscal Year 2016. The El Rio Watercourse Master Plan (WCMP) identified flood protection projects, economic development opportunities, recreational amenities and environmental enhancements to the Gila River between the confluence with the Agua Fria River and SR 85. The El Rio WCMP was completed and adopted by Avondale, Buckeye, Goodyear and Maricopa County in 2006. In 2007, the El Rio Steering Committee, comprised of elected officials from each jurisdiction, endorsed a work plan to implement the vision for the Gila River outlined in the El Rio WCMP. The work plan included vegetation management projects, education projects, creation of design guidelines and the identification of multi-use flood control projects in each jurisdiction. Since 2007 two vegetation management projects have been completed and an educational exhibit installed at the county’s Estrella Mountain Park. This IGA is for consultant services to develop the El Rio Watercourse Implementation and Management Plan. The Plan will include design guidelines and conceptual design plans for multi-use flood control projects in each jurisdiction. Avondale, Buckeye, Goodyear and the District will fund the Plan. The total funding obligation for each party will not exceed $50,000. Maricopa County will not provide funding. All parties (including Maricopa County) will participate in the plan development including sharing data, reviewing submittals from the consultant and attending stakeholder and public meetings. This Agenda Item impacts Supervisorial Districts 4 and 5. (C-44-14-017-M-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Procurement Services - Servicios de Adquisiciones 42. 15039-RFP, RYAN WHITE PART A SERVICES - EARLY INTERVENTION SERVICES Approve the following solicitation serial items. Serial: 15039-RFP Item: RYAN WHITE PART A SERVICES - EARLY INTERVENTION SERVICES ($3,000,000.00 estimate / 3 Years until September 30, 2018 With 3 one year renewal option) Approve the award of contracts with the following vendors: Area Agency on Aging, Region One; Southwest Center for HIV/AIDS; and Terros, Inc. for a period of three (3) years to provide Ryan White Part A - Early Intervention Services for the Maricopa County Ryan White Part A Program. (C-73-16-007-7-00) Area Agency on Aging, Region Southwest Center for HIV/AIDS Terros, Inc. Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, September 23, 2015 Page 24 of 48 43. 15060-C, ASPHALT, EMULSIFIED AND OIL AND PETROLEUM RESIN Approve the following solicitation serial items. Serial: 15060-C, Item: Asphalt, Emulsified and Oil and Petroleum Resin ($1,000,000.00 estimate / 1 Year until September 30, 2016 with 4 one-year option) This contract provides for the purchase of asphalt, emulsified and oil and petroleum resin products and services for use by various County departments. (C-73-16-011-7-00) Ergon Asphalt & Emulsions, Inc. Wright Asphalt Products Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 44. 15062-CMR, INTAKE TRANSFER AND RELEASE FACILITY / DETENTION FACILITY CONSTRUCTION, PHASE I Approve the following solicitation serial items. Serial: 15062-CMR Item: Intake Transfer and Release Facility / Detention Facility Construction, PHASE I (in an amount not-to-exceed $659,425.00) Approve and Authorize the execution of a Phase 1, Construction Manager at Risk (CMR), Pre-Construction Services Contract between Maricopa County and Hansel Phelps, Phoenix, Arizona, to provide general construction services for the new Intake Transfer and Release Facility / Detention Facility located in Phoenix, Arizona. (C-73-16-009-7-00) Hansel Phelps Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 45. 16023-IGA, HP MINICOMPUTERS SERVERS HW AND SW SUPPORT Approve the following solicitation serial items. Serial: 16023-IGA Item: HP Minicomputers Servers HW And SW Support (IT15-166-01) ($2,500,000.00 estimate / 2 Years until August 2, 2017) Approve the use of a contract with IT Partners through an Intergovernmental Agreement with the City of Tempe. The contract provides for the purchase of HP minicomputers, servers, software maintenance, accessories and services until August 2, 2017. (C-73-16-008-7-00) IT Partners Formal Meeting Minutes Wednesday, September 23, 2015 Page 25 of 48 Motion to approve by Supervisor Gallardo, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Public Health - Salud Pública 46. PERMANENT ADDITION TO FLEET Approve the permanent addition of one vehicle to Maricopa County Department of Public Health fleet, a Pickup, Chevrolet, estimated at $29,365.20 (including taxes and extended warranty). The vehicle will be used by the Office of Vital Registraton (OVR) for official business activities. Funding for the vehicle is Department of Public Health (860), Public Health Fee Fund (265). As a result of the Office of Vital Registration’s (OVR) increased demand and activity amongst all five of its locations, the OVR is requesting to add one vehicle to its fleet at this time. The program currently has three vehicles which are not enough to sustain its field program that supports hundreds of funeral establishments, licensed healthcare facilities and educational institution’s training and compliance needs within the County. The Public Satellite Regional Supervisor and Public Satellite Lead alone will utilize two of the three vehicles daily to support our three public satellite offices in order to meet the needs of our customers and provide excellent service. Therefore, the remaining one vehicle is not sufficient to sustain our field program that supports our partners and stakeholders throughout the community. (C-86-16-017-V-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 47. FACILITY USE/REVOCABLE LICENSE AGREEMENT WITH PHOENIX DAY, INC. FOR WIC CLINIC SPACE Approve, and authorize the Chairman to execute, Facility Use/Revocable License (FURL) Agreement No. (P-50275), with Phoenix Day, Inc. (PD), for use of space at two (2) Maricopa County through its Department of Public Health, Women, Infant and Children (WIC) clinics. The Agreement will allow PD to provide free on-site application assistance for enrollment into Department of Economic Services (DES), Arizona Health Care Cost Containment System (AHCCCS), Supplemental Nutritional Assistance Program-Education (SNAP-Ed), Cash Assistance, and Marketplace service to all WIC and families eligible clients. The agreement term will begin October 1, 2015 and expire September 30, 2017, unless terminated earlier as provided for in the agreement. The space will consist of lobby. There is no cost to the County or presenting clientele. Either Party may terminate the Agreement with 30 days’ notice to the other Party. The two (2) WIC facilities are: 1) North Valley, 19401 N Cave Creek Rd. #8, Phoenix, AZ 85024 2) Thunderbird, 5422 W. Thunderbird Rd. #6, Glendale, AZ 85306 This FURL also allows for PD the use of clinic spaces at the WIC facilities as scheduled on Exhibit “A”. County agrees to provide access without remuneration. Also, re: Article 4. County Responsibilities, 4.3., the Public Health Director of Maricopa county, or their designee, is given the authority to execute an Exhibit “B” to change the specific dates, times and locations when use and parking are required, provided there is no cost to the County as a result of the change, at the sole discretion of the PH Director which may be unreasonably withheld. This general type of Real Estate action was endorsed by the Facilities Review Committee during August of 2013. (C-86-16-018-M-00) Formal Meeting Minutes Wednesday, September 23, 2015 Page 26 of 48 Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 48. AMENDMENT TO CONTRACT AWARD WITH CENTERS FOR DISEASE CONTROL AND PREVENTION FOR TECHNICAL SERVICES IN SUPPORT OF TUBERCULOSIS STUDIES Approve the Contract Amendment 5, Option 5 to Award (200-2011-41279), between the Centers for Disease Control and Prevention (CDC) and Maricopa County by and through its Department of Public Health (MCDPH), Clinic Services to provide additional funding for Option period 5. MCDPH provides services to the CDC to obtain research support for the Tuberculosis Epidemiologic Studies Consortium (TBESC) for improving diagnosis and treatment of Latent TB Infection (LTBI). The increased price (CLIN 0006) of Option 5 is $25,799.00 bringing the amount from $363,206.00 to $389,005.00. The performance period is from September 29, 2015 through September 28, 2016. The base contract (C-86- 12-028-3-00) was approved on October 19, 2011 for $5,310,000.00 for the performance period of September 29, 2011 through September 28, 2021. The Department of Public Health’s indirect rate for FY2015-2016 is 15.8%. The increased indirect costs are estimated at $3,520, which are fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from CDC and will not affect the County’s general fund. (C-86-12-028-3-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 49. AMENDMENT TO CONTRACT WITH AMERICAN LUNG ASSOCIATION IN ARIZONA FOR AZ SMOKE-FREE LIVING Approve Amendment No. 1 to Contract between the American Lung Association in Arizona (ALAA) and Maricopa County by and through its Department of Public Health (MCDPH), for the purchase of Smoke-Free Living Facilities services. The American Lung Association (ALA) in Arizona goals are to decrease exposure to secondhand smoke in homes by increasing access to smoke-free multi-unit housing option and to increase awareness among the public, healthcare community, and decision makers of the health risks and economic impact of poor air quality. The contract is amended as follows: A. 1.0. Contact Term, 1.1, change the contract term to one (1) month, beginning on the 1st day of October, 2015 and ending the 31st of October, 2015; B. 6.28 Incorporation of Documents, 6.28.1, Exhibit A, Pricing replace with an updated Exhibit A, Pricing, Budget Narrative for the budget period, October 1, 2015 – October 31, 2015 and budget amount of $53,185.00. All other terms and conditions of the original contract and its amendments shall remain in full force and effect. Formal Meeting Minutes Wednesday, September 23, 2015 Page 27 of 48 This Contractor is a successful respondent to a Request for Proposal PH RFP 15-006 issued by the Maricopa County Department of Public Health. Funding for this Contract is provided through an IGA between Maricopa County through its Department of Public Health, and Arizona Department of Health Services (ADHS) and does not increase the County general fund budget. (C-86-15-054-3-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 50. RESCIND AND APPROVE AMENDMENT TO CONTRACT WITH BANNER HEALTH FOR PUBLIC INFORMATION LINE Rescind the action taken by the Board on June 24, 2015 (C-86-11-001-3-05) and Approve Amendment No. 5 to the Contract, Public Information Line between Banner Health dba Banner – University Medical Center Phoenix (BUMCP), (formerly Banner Good Samaritan Medical Center) and Maricopa County by and through its Department of Public Health, Office of Preparedness and Response (OPR) to extend the expiration date to December 31, 2015 and increase the Contract by $49,999.98 for a new not-to-exceed amount of $651,999.98. Rescind action was due to the organization name change. All other terms and conditions of the original contract remain in full force and effect. (C-86-11-001-3-06) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 51. AMENDMENT TO NOTICE OF AWARD WITH U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES ADMINISTRATION FOR HEALTH CENTER CLUSTER Approve Amendment No. 43 to Notice of Award (NOA) (H80CS00044-14-04), U.S. Department of Health and Human Services (USDHHS), Health Resources and Services Administration (HRSA), Health Center Cluster to Maricopa County by and through its Department of Public Health (MCDPH), Healthcare for the Homeless (HCH) to provide increased funding to authorize the carryover of an unobligated balance in the amount of $269,706.00 from the budget period November 1, 2013 to October 31, 2014 into the current budget period of November 1, 2014 to December 31, 2015, bringing the total approved budget amount from $3,526,638.00 to $3,796,344.00, The project period is November 1, 2001 through December 31, 2017. All prior terms and conditions remain in effect, unless specifically removed. The Department of Public Health’s indirect rate for FY15-16 is 15.8%. Total indirect expenses are estimated to be increased by $36,799 which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues Formal Meeting Minutes Wednesday, September 23, 2015 Page 28 of 48 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 HRSA and will not affect the County’s general fund. (C-86-02-073-2-42) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 52. AMENDMENT TO NOTICE OF AWARD WITH U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES ADMINISTRATION FOR HEALTH CENTER CLUSTER Approve Amendment No. 44 to Notice of Award (NOA) (H80CS00044-14-05), U.S. Department of Health and Human Services (USDHHS), Health Resources and Services Administration (HRSA), Health Center Cluster to Maricopa County by and through its Department of Public Health (MCDPH), Healthcare for the Homeless (HCH) to provide increased funding to Health Center Program grantees whose budgets were recently extend to December 31, 2015 to ensure that prorated extension funding levels fully incorporate prior supplemental awards. The increased budget amount is $30,676.00 bringing the approved budget amount from $3,796,344.00 to $3,827,020.00, The project period is November 1, 2001 through December 31, 2017. All prior terms and conditions remain in effect, unless specifically removed. The Department of Public Health’s indirect rate for FY15-16 is 15.8%. Total indirect expenses are estimated to be increased by $4,185 which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from HRSA and will not affect the County’s general fund. (C-86-02-073-2-43) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 53. AMENDMENT TO NOTICE OF AWARD WITH U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES ADMINISTRATION FOR HEALTH CENTER CLUSTER Approve Amendment No. 45 to Notice of Award (NOA) (H80CS00044-14-06), U.S. Department of Health and Human Services (USDHHS), Health Resources and Services Administration (HRSA), Health Center Cluster to Maricopa County by and through its Department of Public Health (MCDPH), Healthcare for the Homeless (HCH) to provide increased funding for the purpose of the Fiscal Year (FY) 2015 Health Center Quality Improvement (QI) Fund one-time grant supplement in the amount of $7,119.00, bringing the federal award amount from $3,527,020 to $3,534,139 and increase the Non-Federal Share budget by $150,000 bringing the amount from $300,000 to $450,000, with the combined total budget of $3,984,139. The project period is November 1, 2001 through December 31, 2017. All prior terms and conditions remain in effect, unless specifically removed. Formal Meeting Minutes Wednesday, September 23, 2015 Page 29 of 48 The Department of Public Health’s indirect rate for FY15-16 is 15.8%. Total indirect expenses are estimated to be increased by $21,437 which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from HRSA and will not affect the County’s general fund. (C-86-02-073-2-44) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Real Estate - Bienes Raíces 54. AMENDMENT TO NON-EXCLUSIVE LICENSE AGREEMENT WITH TOWN OF QUEEN CREEK FOR USE OF REAL PROPERTY Approve, and authorize the Chairman to execute Amendment No. 3 to License P-50188 with the Town of Queen Creek (Licensor) for non-exclusive use of two (2) parking spaces on Town property at 22358 South Ellsworth Road, Queen Creek, AZ, for the purpose of parking County owned vehicles overnight and County employee personal vehicles during work hours. Amendment No. 3 will extend the term of the agreement to commence September 15, 2015 and expire September 14, 2016. The use of the space during the renewal term is at no cost to the County. (C-18-12-008-3-06) Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 55. AMENDMENT TO LICENSE AGREEMENT WITH YOUTH DEVELOPMENT INSTITUTE Approve, and authorize the Chairman to execute Amendment No. 1 to License Agreement P-50250 with Youth Development Institute (an AZ non-profit hospital/healthcare corp.) to extend the term of the agreement for restricted use of County’s vacant land at 1825 E Roosevelt Street in Phoenix, and update the County’s notice address. This amendment will extend the term one year and will commence on January 1, 2016 and expire December 31, 2016. There is no cost to either Party. The Property will be used for temporary parking during Licensee’s capital improvement project. Either Party may terminate the Agreement upon 30-day notice to the other. (C-94-15-002-3-01) Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 56. MASTER AGREEMENT WITH ARIZONA PUBLIC SERVICE COMPANY FOR SHARING COMMUNICATION SITES Approve a Master Agreement between Arizona Public Service Company and Maricopa Formal Meeting Minutes Wednesday, September 23, 2015 Page 30 of 48 County through the Facilities Management Department, for the purpose of Share Communication Facilities. This Master Agreement is non-financial and is effective from September 23, 2015 until September 23, 2040. This Master Agreement establishes the general guidelines that will allow both the County and Arizona Public Service Company to install and operate communication equipment at the other party’s communication sites. The term of the Master Agreement is twenty-five (25) years and the agreement may be terminated by either party with 60-days written notice. A site specific license agreement will be established between the parties for each specific site that is utilized under this Master Agreement. The costs associated with the co- location will be borne by the benefiting party. (C-70-16-007-3-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Risk Management - Gestión de Riesgos 57. ALPHATINE GARNES V. SHERIFF JOSEPH ARPAIO, ET AL., 2:15-CV-001031-PHX- DJH Approve settlement in the amount of $75,000 in the case of Alphatine Garnes v. Sheriff Joseph Arpaio, et al., 2:15-cv-001031-PHX-DJH and authorize the Chairman of the Board of Supervisors to sign any necessary settlement documents on behalf of the defendants upon review and approval as to form by the assigned legal counsel. This matter was discussed in Executive Session on August 17, 2015. (C-75-16-003-2-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Transportation - Transportación 58. AMENDMENT TO CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO FINISH CONSTRUCTION PLANS FOR MC85 Approve a contract Amendment No. 3 for $580,283.91 with Kimley-Horn and Associates, Inc. Contract 2013-043 to finish construction plans for MC85 between 107th Avenue and 95th Avenue. This project will widen MC85 between 107th Avenue and 95th Avenue from two lanes in each direction to two lanes in each direction and a median lane, and full build out of the intersections at 107th Ave and 99th Ave. The project will also improve striping, signage, signals and drainage. Contract Amendment 1 was for the completion of the design for MC85 between 91st Avenue and 75th Avenue. Amendment #2 extended the limits of this segment to 95th Avenue to take advantage of right-of-way dedication by a developer. The contract amendment amount will increase the original contract amount by over the one million threshold, but the amount is in the current approved TIP. (C-64-16-016-5-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 59. AGREEMENT WITH EPCOR WATER ARIZONA INC. FOR STORM DRAIN IMPROVEMENTS Approve the Agreement between Maricopa County, acting through the Maricopa County Formal Meeting Minutes Wednesday, September 23, 2015 Page 31 of 48 Department of Transportation (County) and EPCOR Water Arizona Inc. (Company) for design, construction, cost-sharing, reconnection to and operation and maintenance of the storm drain on West Union Hills Drive from 99th Avenue to the east approximately 500 feet and to the west approximately 150 feet. The purpose of this Agreement is to identify and define the responsibilities of the County and the Company for various elements of the Project, including but not limited to design, construction, cost-sharing, reconnection to the storm drain system and operation and maintenance of the storm drain. Supervisory District No. 4 (C-64-16-019-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 60. IGA WITH THE CITY OF AVONDALE FOR THE EXCHANGE OF SERVICES Approve the Intergovernmental Agreement between Maricopa County and the City of Avondale for the exchange of services or reimbursement of services (Entente). The term of the Agreement will not exceed five years unless extended by appropriate actions by the County and the City. Either party may terminate this Agreement at any time prior to the expiration date of this Agreement by furnishing the other party with a thirty (30) day written notice. The purpose of this Intergovernmental Agreement is to identify and define both Parties’ respective roles in the execution of the responsibilities of specific maintenance tasks in areas that cross jurisdictional boundaries. The Agreement provides the opportunity to focus on specific maintenance tasks or emergency highway projects and the availability of the most economical resources by extending beyond jurisdictional or geographical boundaries. The application of the Agreement will benefit areas in the County and the City where certain types of routine maintenance or emergency highway project activities could be completed by the other party based on scheduled work within the area. Individual tasks performed by either party will be executed upon completion of a Letter of Agreement (LOA) approved and signed by the County Department of Transportation Director and the City Manager, or their designees. If the value of goods or services exchanged by the Parties is not of equal value, the total aggregate reimbursement to the respective Party will not exceed $250,000 per fiscal year. If no services are exchanged, there is no financial impact. An accounting mechanism will be utilized to track each LOA, as applicable, to identify specific tasks and services and to ensure the exchange of these services is of similar value. Supervisory District No. 5 (C-64- 16-018-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 61. IGA WITH TOWN OF QUEEN CREEK FOR IMPROVEMENTS TO THE RITTENHOUSE ROAD STRUCTURE OVER THE QUEEN CREEK WASH Approve the Intergovernmental Agreement between Maricopa County and the Town of Queen Creek for the improvements to the Rittenhouse Road Structure over the Queen Creek Wash. Under the Intergovernmental Agreement, the agencies will coordinate the improvements, which include the replacement of the structure with a reinforced concrete box culvert, the Formal Meeting Minutes Wednesday, September 23, 2015 Page 32 of 48 widening of the north and south approaches to four lanes, curbing, bike lanes and sidewalks. The estimated total cost for the project is $2,770,000. The County’s estimated cost share contribution is $2,446,400.The Town’s estimated cost share contribution is $323,600, which includes $50,000 in requested enhancements for the structure and $80,000 for right- of-way; which is at no-cost to the County and not reflected in the Financial Impact Summary. The County will lead the project and the Town of Queen Creek will begin the annexation of the unincorporated areas within six (6) months upon substantial completion of construction. The Town of Queen Creek will be responsible for the maintenance and operations of the structure and improvements when the project is complete. The terms of the agreement are in effect as of Board of Supervisors approval and shall remain in full force and effect until all stipulations have been satisfied, except that it may be amended upon written agreement by both parties. Supervisory District No. 1 (C-64-16-013- M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 62. BID AND AWARD FOR CONSTRUCTION OF THE INTERSECTION IMPROVEMENTS AT UNION HILLS DRIVE AND 99TH AVENUE Approve the solicitation of bids for the Maricopa County Department of Transportation’s construction of the intersection improvements at Union Hills Drive and 99th Ave including box culvert extension, drainage system, roadway widening increase intersection capacity, asphalt concrete pavement, traffic signals, new striping and signing. Award the contract to the lowest responsive bidder, provided that the lowest responsive bidder does not exceed the Engineer’s estimate by more than ten percent. Funds will be budgeted through the Transportation Department (640) Transportation Capital Projects fund (234) Traffic Improvements (TIMP) Project, Sub-Project T463. The project will improve traffic operations and safety at the intersection of Union Hills Dr and 99th Ave. The existing drainage system includes a connection with an EPCOR potable water system that is used to discharge into the existing County channel. An agreement has been completed with EPCOR as they will be responsible for the cost to connect their system to the new drainage system the project will construct. Supervisory District No. 4 (C- 64-16-017-5-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 63. 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- 16-143-7-00) a. D23116 Project #: TT453 – Rockaway Hills Drive (256th Avenue to End of (GL) Maintenance) – Warranty Deed – Assessor’s Parcel #: 503-19-011A – Gordon and Bonnie Starkey – for the sum of $1,900.00. b. D23116 Project #: TT453 – Rockaway Hills Drive (256th Avenue to End of Formal Meeting Minutes Wednesday, September 23, 2015 Page 33 of 48 (GL) Maintenance) – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 503-19-011A – Gordon and Bonnie Starkey. c. D23117 Project #: TT453 – Rockaway Hills Drive (256th Avenue to End of (GL) Maintenance) – Warranty Deed – Assessor’s Parcel #: 503-19-012 – David and Marcia Jack – for the sum of $1,900.00. d. D23117 Project #: TT453 – Rockaway Hills Drive (256th Avenue to End of (GL) Maintenance) – Purchase Agreement and Escrow Instructions - Assessor’s Parcel #: 503-19-012 – David and Marcia Jack. e. D23219 Project #: TT433 – 167th Avenue (Dixileta Drive to Windstone Trail) – (KP) Warranty Deed – Assessor’s Parcel #: 503-51-005P – Guy Pinto – for the sum of $1,700.00. f. D23219 Project #: TT433 – 167th Avenue (Dixileta Drive to Windstone Trail) – (KP) Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 503- 51-005P – Guy Pinto. g. D23222 Project #: TT433 – 167th Avenue (Dixileta Drive to Windstone Trail) – (KP) Warranty Deed – Assessor’s Parcel #: 503-51-117 - Bruce and Elizabeth Hall as Trustee of Hall Family Trust – for the sum of $600.00. h. D23222 Project #: TT433 – 167th Avenue (Dixileta Drive to Windstone Trail) – (KP) Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 503- 51-117 - Bruce and Elizabeth Hall as Trustee of Hall Family Trust. i. D23223 Project #: TT433 – 168th Avenue (Dixileta Drive to Windstone Trail) – (KP) Warranty Deed – Assessor’s Parcel #: 503-51-171B – Leon & Karen Grass Trustees of Grass Family Trust and Victor and Tina Bonilla, Trustees of the Bonilla Family Trust – for the sum of $1,400.00. j. D23223 Project #: TT433 – 168th Avenue (Dixileta Drive to Windstone Trail) – (KP) Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 503- 51-171B – Leon & Karen Grass Trustees of Grass Family Trust and Victor and Tina Bonilla, Trustees of the Bonilla Family Trust. k. D23226 Project #: TT433 – 168th Avenue (Dixileta Drive to Windstone Trail) – (KP) Warranty Deed – Assessor’s Parcel #: 503-51-348E - Walter and Elaine Urbowicz – for the sum of $500.00. l. D23226 Project #: TT433 – 168th Avenue (Dixileta Drive to Windstone Trail) – (KP) Purchase Agreement and Escrow Instructions – Assessor’s Parcel #: 503- 51-348E - Walter and Elaine Urbowicz. m. (KP) Project #: TT444 – Aguila Road (Vulture Mine Road to Eagle Eye Road) – Amendment to Right-of-Way Grant –United States Department of the Interior – Bureau of Land Management – Serial Number AZA-24092. n. (SW) United States Department of the Interior – Bureau of Land Management – Right-of-Way Grant Amendment – Serial Number AZA-31224 – for an area to be used for the Maricopa Trail. o. (RS) Power Distribution Easement – between Maricopa County – and Salt River Project Agricultural Improvement and Power District – for the sum of $1.00. Formal Meeting Minutes Wednesday, September 23, 2015 Page 34 of 48 p. (RS) Overhead and Underground Power Distribution Easement – between Maricopa County – and Salt River Project Agricultural Improvement and Power District – for the sum of $1.00. Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Blue Crowley, resident, asked if the easements for “o” and “p” are going to or from the County and in the amount of $1.00. Jennifer Toth, Director of Maricopa County Department of Transportation, responded the SRP is selling the land to the County for $1.00. Clerk’s Note: see October 7, 2015 for correction to Easement, Right-of-Way, and Relocation Assistance Documents agenda item “o”. Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 64. REAPPOINTMENT TO THE CITIZENS' AUDIT ADVISORY COMMITTEE Reappoint Barbara Coppage, representing Supervisorial District 3, to the Citizens' Audit Advisory Committee. The term of the reappointment will be effective as of the date of Board approval through April 16, 2017. (C-06-16-136-9-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 65. APPOINTMENT AND REAPPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Approve the appointment of Anthony (Tony) Gutowski, representing District 3 and the reappointment of Edward Kientz, representing District 4 to the Community Development Advisory Committee. The term of both appointments will be from the date of Board approval through June 30, 2016. (C-06-16-141-9-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 66. CANCELLATION OF ELECTION AND APPROVE APPOINTMENT TO THE SPECTRUM IWDD NO. 48 BOARD OF TRUSTEES Pursuant to A.R.S. §16-410(A) and the letter received from the Spectrum IWDD No. 48: 1. Cancel the election scheduled to be held on November 18, 2015; 2. Appoint Morgan Neville, Doug Strode and Jon Willis who filed nominating petitions to fill the expired terms. The appointed Trustees shall serve two year terms effective January 1, 2016 through December 31, 2017, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office. (C-06-16-087-M-00) Formal Meeting Minutes Wednesday, September 23, 2015 Page 35 of 48 Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 67. CANVASS ELECTION RETURNS FOR THE RECALL ELECTION FOR HARQUAHALA VALLEY FIRE BOARD The Maricopa County Elections Department has prepared the Official Returns from all votes cast in the Harquahala Valley Fire Board Recall Election, declaring the vote for each person and each measure appearing on the ballot August 25, 2015. The elections Department requests that the Board of Supervisors canvass these returns and approve the Official Canvass for this election pursuant to A.R.S. § 16-642 through 16-645. The Official Canvass is on file with the Clerk of the Board of Supervisors. (C-06-16-150-M-00) Motion to approve by Supervisor Gallardo Supervisor Gallardo commended Kristi Passarelli, Assistant Director of Elections and the Elections Department on the work done on this particular item. He noted there were election challenges but he is hopeful the Harquahala Valley Fire Board will move forward to provide services to the residents. Seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Industrial Development Authority - Autoridad para el Desarrollo Industrial 68. RESOLUTIONS APPROVING THE ISSUANCE OF BONDS FOR THE BENEFIT OF CHRISTIAN CARE SURPRISE, INC. Adopt Resolutions approving the proceedings of The Industrial Development Authority of the County of Maricopa for the issuance of its Senior Living Facility Revenue Bonds (Christian Care Surprise, Inc. Project), Series 2015A, in one or more Tax-Exempt and/or Taxable Series, in an aggregate principal amount not to exceed $70,000,000 and its Subordinate Senior Living Facility Revenue Bonds (Christian Care Surprise, Inc. Project), Series 2015B, in one or more Tax-Exempt and/or Taxable Series, in an aggregate principal amount not-to-exceed $15,000,000. (C-94-16-002-4-00) Supervisor Hickman stated he is thankful to see the project occurring for Surprise and the extra infrastructure for the good of the public in the area. Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:00 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ ~Todas las audiciones será tenidas a las 9:00 de la Mañana, 205 W. Jefferson, Phoenix, Formal Meeting Minutes Wednesday, September 23, 2015 Page 36 of 48 amenos que de otromodo notado~ Clerk of the Board - Secretaria de la Junta 69. IMPACT STATEMENT FOR THE PROPOSED RANCHO DEL MONTE IRRIGATION WATER DELIVERY DISTRICT 1. Pursuant to A.R.S. § 48-261 and § 48-263, receive the impact statement for the proposed Rancho Del Monte Irrigation Water Delivery District and set a public hearing for 9:00 a.m., Wednesday, October 7, 2015. 2. Approve a bond in the amount of $500 to be filed with the Board by the persons proposing the district to cover costs incurred by the County if the district is not finally organized pursuant to A.R.S. § 48-261(C). At the hearing on October 7, 2015, the Board will hear those who appear for and against the proposed district and shall determine whether the creation of the district will promote public health, comfort, convenience, necessity or welfare. If the Board of Supervisors determines that the public health, comfort, convenience, necessity or welfare will be promoted, it shall approve the district impact statement and authorize the persons proposing the district to circulate petitions. The proposed district is located in Rancho Del Monte, a Subdivision Community in Phoenix, bounded as seen in Exhibit A and B attached to the submitted Impact Statement and contains approximately 37.924 acres and 107 parcels. (Supervisorial District 3) (C-06- 16-116-M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Planning and Development - Planificación y Desarrollo 70. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the October 7, 2015 Board Meeting: (C- 44-16-012-M-00) Z2015032 – PHX – Magnolia – Special Use Permit WCF – Dist. 4 Z2015041 – Verizon PHO Porcupine – SUP WCF – Dist. 5 Z2015042 – Crossriver Point – Zone Change – Dist. 4 Z2015024 – Tiensvold – SUP – Dist. 1 Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 71. STREET NAME CHANGE FROM TEGAVAH PLACE TO VERDE RIVER WAY Approve setting a public hearing for 9:00 a.m., Wednesday, October 7, 2015, to change the name of Tegavah Place to Verde River Way, within Sections 25 & 26 of T5N, R6E. This request is made by the property owner of all affected properties. The new street name will accurately reflect the name of the master-planned community served by this collector road. Located within Supervisorial District 2. (C-44-14-058-M-01) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, September 23, 2015 Page 37 of 48 Sheriff 72. SERIALIZED WEAPONS CERTIFICATION LETTER PROCESSING FEE Pursuant to A.R.S. §11-251.08, set a public hearing for December 9, 2015 to solicit comments and consider the adoption of a $130.00 fee to cover the Sheriff's Office expense of processing certification letters for firearms registrants of serialized weapons. Upon Board approval, this item will become effective July 1, 2016. The proposed fee applies to a limited user group and is to be assessed upon each submission to the Sheriff’s Office of a request for B.A.T.F. (Bureau of Alcohol, Tobacco, and Firearms) certification letter for a serialized weapon. The fee will recover the expense of complying with federal and state requirements and furnishing the service associated with providing certification letters within the timeline specified in statute. Activities comprising the expense include: data gathering, research, requests to other law enforcement agencies for records, reports and information, technical support of electronic components, analysis of the information provided, investigating leads, notary services and supplies. There are approximately 140 applications annually. The estimated annual revenue impact to the General Fund is $18,200. (C-50-16-013-M-00) Supervisor Kunasek asked if the County has the authority to adopt the proposed fee. He noted that in review of the statute he did not see where the authority to collect the fee was placed on the County. He requested that the authority be looked into. Chairman Chucri requested that Tom Manos, County Manager and Fran McCarroll, Clerk of the Board note the request for Supervisor Kunasek. Blue Crowley, resident, noted that Department of Defense stopped the County from acquiring serialized weapons and requested that any serialized weapons obtained by the County be returned to the Department of Defense but Joseph Arpaio, County Sheriff was unable to provide them. He questioned why Mr. Arpaio would be a part of a Federal registration noting the sensitivity of registering serialized weapons and his past. Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Transportation – Transportación 73. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0011 Set a hearing for December 9, 2015 for Road File No. PAB-0011 to Abandon a portion of Federal Patent Easement Numbers 1223759 & 1219909, lying in the Southwest quarter of Section 27 – T7N, R2E, of the Gila and Salt River Meridian, Maricopa County, Arizona. In addition, direct MCDOT and the Clerk of the Board to fulfill all notice requirements as outlined in Ordinance P-34, Patent Easement Ordinance. General vicinity of Devil Springs Road and 41st Avenue and known as Assessor Parcel 202-12-059B. Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the hearing by certified mail shall be sent to the applicant and all abutting property owners no less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be the first board meeting no less than 60 days from the date the Board sets the hearing. In addition, a notice shall be posted in the area of the proposed abandonment no less than 60 days prior to the hearing date. Supervisory District No. 3 (C-64-16-015-M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, September 23, 2015 Page 38 of 48 Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 74. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Maricopa County Sheriff's Office for July 2015, for a Cash Value of $992.21 and August 2015, for a Cash Value of $3,180.00. (C-06-16-110-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 75. DONATIONS In accordance with County Policy A2805, accept the monthly Non-Cash Donation report received from Maricopa County Sheriff's Office for August 2015, for a Non-Cash Value of $3,109.99. (C-06-16-134-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 76. 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-06-16-144-7-00) Name Warrant No Amount Monique Williams 22240783 115.00 Westgroup Research 360001890 12,000.00 Kaia Moe 350017456 38.00 Kaia Moe 350019746 38.00 Kaia Moe 350020220 38.00 Maxine Angel 150032406 1,240.79 Christine Luksik 450093136 139.52 King Solomon Burke 160005586 250.41 Soledad Contreras 160010589 63.42 Selese Covarrubio 160011581 827.23 Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 77. HEAD START MONTHLY REPORTS Receive the Head Start monthly report for June 2015 submitted by the Human Services Department. (C-06-16-095-7-00) Formal Meeting Minutes Wednesday, September 23, 2015 Page 39 of 48 FINANCIAL STATEMENTS: Total Monthly Expenditures - $2,452,319 Percent of Budget Expended Ytd - 96.6% PROGRAM INFORMATION: Number of Referrals to Targeted Community Services in Month - 1,702 Number of Children with Disabilities Served Ytd - 262 PROGRAM ENROLLMENT REPORT: Number of Enrollment Turnover in Month - 111 Total Number of Children on Waitlist - 840 REPORTS OF MEALS AND SNACKS: Number of Meals Served in Month - 4,010 Also, receive the Head Start monthly report for July 2015 submitted by the Human Services Department. FINANCIAL STATEMENTS: Total Monthly Expenditures - $481,967 Percent of Budget Expended Ytd - 2.1% PROGRAM INFORMATION: Number of Referrals to Targeted Community Services in Month - 248 Number of Children with Disabilities Served Ytd - 42 PROGRAM ENROLLMENT REPORT: Number of Enrollment Turnover in Month - 2 Total Number of Children on Waitlist - 418 REPORTS OF MEALS AND SNACKS: Number of Meals Served in Month - 2,039 Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 78. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meeting held July 22, 2015. (C-06-16-124-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 79. PRECINCT COMMITTEEMEN Pursuant to A.R.S. §16-821, authorize the appointment and cancellation of appointment of Precinct Committeemen. List is on file in the Clerk of the Board’s Office and retained in accordance with ASLAPR approved retention schedule. (C-06-16-140-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 80. PROPERTY RE-CLASSIFICATION APPEALS - FOR APPROVAL Pursuant to A.R.S. §42-12052, approve the property owners' appeal to re-classify properties, which have satisfied the requirements of occupancy status, and re-classify the Formal Meeting Minutes Wednesday, September 23, 2015 Page 40 of 48 properties to class three properties (owner occupied). Direct the County Assessor to re- classify the properties to class three (owner occupied), pursuant to A.R.S. §42-12003. (C- 06-16-148-M-00) 109-58-013 207-40-524 124-66-690 217-50-217 126-07-091 220-02-003E 133-37-465 302-93-060 148-01-313 302-98-377 153-12-029 304-65-881 159-01-426 309-21-062 168-01-041 313-04-017 174-06-398 501-36-808 176-22-076 502-88-691 Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 81. 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-06-16-115-7-00) Phase Tax Year Tax Difference Number 2011 0356 -605.36 2012 0267 -228,075.38 2013 0163 -269,633.12 2014 0075 -124,274.72 Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 82. 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-06-16-133-7-00) 2011: TX2011-000879 2011/2012: TX2011-000971 2012: TX2011-001011 2014/2015: TX2013-000607 2015: ST2015-000006; TX2014-000161 Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, September 23, 2015 Page 41 of 48 MEETING RECESSED Chairman Chucri recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Chairman Chucri reconvened the Board of Supervisors. CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 83. Public comment on matters pertaining to Maricopa County government. Please limit comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board members may not discuss matters raised under this public comment portion of the meeting; however, an individual Board member may respond to criticism made by those who have addressed the Board, ask staff to review an issue raised or may ask that the matter be placed on a future agenda. (Public comment is at the discretion of the Chairman.) Comentarios del público sobre las materias relacionadas con el gobierno del Condado de Maricopa. Por favor límite comentarios a dos minutos. Tenga en cuenta que de conformidad con el Derecho de Reunión Abierta de Arizona, miembros de la Junta no podrán abordar las cuestiones planteadas en esta parte de comentario público de la reunión, sin embargo, un miembro de la Junta individuo puede responder a las críticas de quienes se han ocupado de la Junta, pida al personal para examinar una cuestión planteada o puede pedir que la cuestión se incluya en una agenda de futuro. (Comentario público es a discreción del Presidente.) John Rusnick, resident, referred to a January 9, 2015 driveway inspection. He questioned the size of the rocks. He stated that the newer homes surrounding his property created an emergency vehicle turn around concern. He provided a copy of the inspection and requested that the driveway be fixed. Dianne Barker, resident, spoke in support of a regional area road tax fund and plans for a train to Tucson, Arizona. She pointed out the plans indicate stops at several locations that will make the transport to Tucson longer. She also voiced a concern that the tax has no oversite. She noted the citizens want good regional government and less air pollution. She requested that the County get a new transportation district. Blue Crowley, resident, stated that a recent study of rail stations failed to include the west valley. He spoke about a recent Regional Public Transportation Authority (RPTA) meeting. He also noted the issues of rail stations. He noted a railroad that runs from California to Arizona, met with federal representatives about the RPTA not doing its job and about items not on the agenda; and other issues. 84. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Barney said his “crazy button” sash noted his participation in the Combined Charitable Campaign program. He spoke about an event held in Gilbert celebrating the Formal Meeting Minutes Wednesday, September 23, 2015 Page 42 of 48 Constitution on Saturday, September 19, 2015. In honor of the Constitution celebration he taught the Boy Scouts the Citizenship and World Merit badge class. He announced and congratulated George Khalaf, previously a District 1 Deputy Chief of Staff, on the new member to his family. Chairman Chucri noted the robust start to the Combined Charitable Campaign due to the leadership of Tom Manos, County Manager and Fields Moseley, Communications Director who led the kickoff. Supervisor Hickman stated District 4, District 5 and Representative Ruben Gallego toured an industrial bakery which employs 800 individuals. There was conversation during the tour about regulatory authority and responsibility of the federal government. He thanked Supervisor Gallardo and his staff for taking the time to meet with the business partners and their staff. Supervisor Gallardo stated District 5 has been busy preparing for Domestic Violence Awareness month and noted there are many advocacy programs in the community to help domestic violence victims. He stated he recently attended a Phoenix fair housing conference on September 22, 2015 which gave them an opportunity to talk about the current housing struggles within the community. Chairman Chucri reported that he was impressed with a recent tour of the MCDOT and Flood Control District locations. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ________________________________ Steve Chucri, Chairman of the Board ATTEST: __________________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, September 23, 2015 Page 43 of 48 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 9:00 AM on Wednesday, September 23, 2015, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Clint Hickman, Vice Chairman, District 4; Denny Barney, District 1; Andrew Kunasek, District 3; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Armstrong, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. F-1. AMENDMENT TO RESOLUTION FOR NORTHERN PARKWAY REGIONAL DRAINAGE IMPROVEMENTS PHASE II Adopt Resolution Amendment FCD 2007R002A authorizing the Flood Control District to negotiate an Intergovernmental Agreement for the cost sharing of Northern Parkway Regional Drainage Improvements Phase II. This amendment expands the areal extent of the original resolution in order to authorize cost sharing of Phase II with Maricopa County Department of Transportation in accordance with the District’s Capital Improvement Program Prioritization. The Northern Parkway Regional Drainage Improvements Project was developed to implement key components of the District’s Loop 303 Corridor/White Tanks Area Drainage Master Plan in cooperation with MCDOT’s Northern Parkway program. Phase I of the Project constructed regional channels conveying area flood flows to the Dysart Drain from Sarival to Dysart Roads. Phase II will complete the effort by constructing basins and channels from Dysart Road to the Agua Fria. The Project was requested by Maricopa County Department of Transportation and endorsed by the Flood Control Advisory Board for inclusion in the District’s FY 2015/2016 Capital Improvement Prioritization. Key benefits of the Project include: • Mitigation of 100-year flooding damage to area properties, structures, and public infrastructure including the Northern Parkway • Reduces the frequency of localized flooding from smaller storm events • Cost savings for the District and MCDOT by combining drainage facilities This Agenda Item impacts Supervisor District 4. (C-69-07-069-6-01) Motion to approve by Director Kunasek, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-2. AMENDMENT TO IGA WITH MARICOPA COUNTY, CITY OF AVONDALE, CITY OF Formal Meeting Minutes Wednesday, September 23, 2015 Page 44 of 48 BUCKEYE AND CITY OF GOODYEAR FOR THE EL RIO WATERCOURSE IMPLEMENTATION AND MANAGEMENT PLAN Approve an Amendment extending the completion date by twelve months (June, 2015 to June 2016) to the Intergovernmental Agreement (IGA) FCD 2013A003 to identify and define the responsibilities of the Flood Control District of Maricopa County (District), Maricopa County, City of Avondale, City of Buckeye and City of Goodyear for the cost sharing, planning, analysis and preparation of the El Rio Watercourse Implementation and Management Plan (Plan). The District’s contribution to the development of the Plan is capped at $50,000.00. The Plan is anticipated to be completed by the end of Fiscal Year 2015/16. The El Rio Watercourse Master Plan (WCMP) identified flood protection projects, economic development opportunities, recreational amenities and environmental enhancements to the Gila River between the confluence with the Agua Fria River and SR 85. The El Rio WCMP was completed and adopted by Avondale, Buckeye, Goodyear and Maricopa County in 2006. In 2007, the El Rio Steering Committee, comprised of elected officials from each jurisdiction, endorsed a work plan to implement the vision for the Gila River outlined in the El Rio WCMP. The work plan included vegetation management projects, education projects, creation of design guidelines and the identification of multi-use flood control projects in each jurisdiction. Since 2007 two vegetation management projects have been completed and an educational exhibit installed at the county’s Estrella Mountain Park. This IGA is for consultant services to develop the El Rio Watercourse Implementation and Management Plan. The Plan will include design guidelines and conceptual design plans for multi-use flood control projects in each jurisdiction. Avondale, Buckeye, Goodyear and the District will fund the Plan. The total funding obligation for each party will not exceed $50,000. Maricopa County will not provide funding. All parties (including Maricopa County) will participate in the plan development including sharing data, reviewing submittals from the consultant and attending stakeholder and public meetings. This Agenda Item impacts Supervisorial Districts 4 and 5. (C-69-14-014-3-01) Motion to approve by Director Kunasek, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-3. AMENDMENT TO AUTHORIZATION TO AWARD CONTRACT FOR ASHBROOK WASH IMPROVEMENTS Authorize the Chief Engineer and General Manager of the Flood Control District of Maricopa County (DISTRICT), through the Maricopa County Office of Procurement Services, to award the contract to the second lowest bidder, whose bid amount is 10.86% above the engineer’s estimate and is responsible and responsive in meeting the contract requirements. The original authorization for award of the contract requires that the award be to the lowest responsible bidder(s) if the bid is not more than ten percent (10%) over the engineer’s estimate. The apparent low bidder at 7.89% above the engineer’s estimate was found not to be fully responsive and responsible in meeting contract requirements. The Fountain Hills Area Drainage Master Plan, completed in 1997, identified flooding hazards in the Town of Fountain Hills and recommended solutions, including the Project, to Formal Meeting Minutes Wednesday, September 23, 2015 Page 45 of 48 mitigate those hazards. Plans for the Project include the replacement of the culvert crossings at Bayfield Drive and Saguaro Boulevard and vegetation clearing in Ashbrook Wash. Based on the provisions of Intergovernmental Agreement (IGA) FCD 2014A007 (C-69-15- 016-3-00) with the Town of Fountain Hills (TOWN), the DISTRICT will fund 50 percent of this construction contract and will provide the construction management. This Agenda Item impacts Supervisorial District 2. (C-69-15-018-5-01) Motion to approve by Director Kunasek, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-4. NON-MOTORIZED RECREATION TRAIL EASEMENT WITH MARICOPA COUNTY PARKS FOR THE MARICOPA TRAIL, WHITE TANKS FRS #3 STRUCTURE Accept and sign Non-Motorized Recreation Trail Easement between Flood Control District of Maricopa County and Maricopa County Parks. This Easement is being issued pursuant to IGA FCD 2006A002. The parcel is located at Jackrabbit Trail between Bethany Home Road and Northern Avenue and is part of a channel purchased for the White Tanks FRS No. 3 structure. The Flood Control District and Maricopa County Parks have an IGA that permits County Parks to develop pedestrian, bicycle, and equestrian trails along with recreational features as part of ta regional trail system throughout Maricopa County. This item is located in Supervisory District 4. (C-69-16-004-6-00) Motion to approve by Director Kunasek, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-5. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meeting held July 22, 2015. (C-06-16-125-7-00) Motion to approve by Director Kunasek, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo FLOOD CONTROL DISTRICT ADDENDUM ADÉNDUM DE DISTRITO DE CONTROL DE INUNDACIONES FA-1. FLOOD CONTROL DISTRICT V. CALMAT LAND COMPANY Approve the Settlement of Flood Control District of Maricopa County v. CalMat Land Company et al, CV2015-009491 in the amount of $1300 as total just compensation for the real property interests being acquired in the action, each party to bear its own costs and fees. This item was discussed in Executive Session on September 21, 2015. (C-69-16-009- S-00) Motion to approve by Director Hickman, seconded by Director Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, September 23, 2015 Page 46 of 48 MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ________________________________ Steve Chucri, Chairman of the Board ATTEST: __________________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, September 23, 2015 Page 47 of 48 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 9:00 AM on Wednesday, September 23, 2015, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Clint Hickman, Vice Chairman, District 4; Denny Barney, District 1; Andrew Kunasek, District 3; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Armstrong, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. L-1. REAPPOINTMENT TO THE LIBRARY DISTRICT CITIZENS' ADVISORY COMMITTEE Approve the reappointment of Roy Delgado, representing Supervisorial District 4, to the Library District Citizens’ Advisory Committee. The term of Mr. Delgado’s appointment will be effective as of the date of Board approval through June 30, 2017. (C-06-16-135-9-00) Motion to approve by Director Hickman, seconded by Director Barney Supervisor Hickman thanked Roy Delgado for his service. Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo L-2. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District meeting held July 22, 2015. (C-06-16-126-7-00) Motion to approve by Director Hickman, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ________________________________ Steve Chucri, Chairman of the Board ATTEST: __________________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, September 23, 2015 Page 48 of 48 STADIUM DISTRICT AGENDA AGENDA DEL DISTRITO DE ESTADIO The Board of Directors of the Stadium District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, September 23, 2015, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Steve Chucri, Chairman, District 2; Clint Hickman, Vice Chairman, District 4; Denny Barney, District 1; Andrew Kunasek, District 3; Steve Gallardo, District 5. Also present: Fran McCarroll, Official Record Keeper; Maria Armstrong, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. S-1. AMENDMENT TO CONSTRUCTION MANAGER AT RISK CONTRACT WITH CALIENTE CONSTRUCTION FOR PRE-CONSTRUCTION SERVICES Approve Amendment No. 1 to the Construction Manager at Risk Contract with Caliente Construction. Amendment 1 includes the Cost of Work as defined in Article 7 of AIA Document A121 CMc-2003. The Construction Manager’s Fee shall not exceed the Guaranteed Maximum Price of $3,897,086. Also approve a revision to Section 3.10.5 of AIA Document A201-2007 that was approved as part of agenda item C-68-16-001-M-00. Section 3.10.5 is revised to include a liquidated damage amount per section per home baseball home game should a section of seating at Chase Field not be substantially complete by the playing of a baseball home game. (C-68- 16-001-M-01) Motion to approve by Director Gallardo, seconded by Director Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo S-2. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Stadium District meeting held July 22, 2015. (C-06-16-128-7-00) Motion to approve by Director Gallardo, seconded by Director Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ________________________________ Steve Chucri, Chairman of the Board ATTEST: __________________________________ Fran McCarroll, Clerk of the Board