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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 provide regional leadership and fiscally Fran McCarroll responsible, necessary public services to Meeting Location its residents so they can enjoy living in Supervisors' Auditorium healthy and safe communities” 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts and/or Board of Deposit) Wednesday, May 20, 2015 9:00 AM Table of Contents Board Page Board of Supervisors 1 Improvement District 42 Flood Control District 43 Library District 51 Stadium District 55 Board of Deposit No Meeting Formal Meeting Minutes Wednesday, May 20, 2015 Page 2 of 56 1. INVOCATION - INVOCACIÓN Reverend Kit Danley offered the invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Monica Pimentel, Adult Probation, led the assemblage in the Pledge of Allegiance to the flag. 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, May 20, 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; Lane Organ, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. Supervisor Gallardo thanked Reverend Danley for offering the invocation and Ms. Pimentel for leading the assemblage in the Pledge of Allegiance to the flag, and for their work in the community. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Melissa Gable, Maricopa County Animal Care and Control (MCACC), presented Betty, a two month old kitten. Ms. Gable stated that MCACC is in need of foster homes for kittens, and MCACC will be holding a community-wide baby shower for kittens next Saturday from 11:00am to 3:00pm at the West Shelter. Betty will be available today at 11:00am at the West Shelter located at 2500 South 27th Avenue, Phoenix, AZ 85009, for a fee of $20. Community wide baby shower. More information is available on the website: www.pets.maricopa.gov. PRESENTATIONS - PRESENTACIÓNES 5. PURPLE HEART COUNTY PROCLAMATION Approve and proclaim Maricopa County as a Purple Heart County. (C-06-15-369-M-00) Fran McCarroll, Clerk of the Board, read the proclamation for Maricopa County – A Purple Heart County: PROCLAMATION Maricopa County – A Purple Heart County May 20, 2015 WHEREAS, the people of Maricopa County have a great admiration and the upmost gratitude for the men and women who selflessly serve their country and this county in the Armed Forces; and Formal Meeting Minutes Wednesday, May 20, 2015 Page 3 of 56 WHEREAS, through the contributions and sacrifices of our veterans, our communities are afforded the ability to maintain the freedoms and way of life guaranteed to all citizens; and WHEREAS, many men and women in uniform gave their lives while serving our nation in the Armed Forces; and WHEREAS, many citizens in our community were wounded during combat and earned the Purple Heart Medal in recognition of their meritorious acts of bravery and service to our communities and nation; NOW, THEREFORE, BE IT RESOLVED, that Maricopa County be proclaimed a Purple Heart County to recognize and honor the service and sacrifice of our nation’s men and women who were wounded or killed while serving to protect the freedoms enjoyed by our communities and nation. DATED this 20th Day of May, 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 Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Supervisor Hickman thanked Coconino County Supervisor Mandy Metzger for bringing this proclamation to the County Supervisors Association (CSA) Board and the Board Members for their support of the proclamation. Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo NOTE: Agenda item F-5 was taken out of order and heard prior to item 6. MEETING RECESSED Chairman Chucri recessed the Board of Supervisors to convene as the Board of Directors of the Flood Control District to consider item F-5. F-5. IGA WITH THE TOWN OF GILBERT FOR THE RECREATIONAL USE OF THE CHANDLER HEIGHTS BASIN Approve Intergovernmental Agreement (IGA) FCD 2015A005 between the Flood Control District of Maricopa County (District) and Town of Gilbert (Gilbert) for the conveyance of an easement to Gilbert for the implementation and maintenance by Gilbert of multi-use and recreational activities within the District’s Chandler Heights Basin, located south of Queen Creek Road and west of Higley Road. All costs shall be borne by Gilbert. There is no cost to the District. The District has acquired the land rights for the Chandler Heights Basin (Basin), 211+ acres. Formal Meeting Minutes Wednesday, May 20, 2015 Page 4 of 56 The District has completed the design of the Basin which captures flows from Queen Creek Wash and Sonoqui Wash. The Basin is partially constructed by the District, with the balance of the construction by the District estimated to occur in five years or more. The Basin is a recommended component of the East Maricopa Floodway Capacity Mitigation and Multi-Use Corridor Study (Study), which was adopted by Board Resolution FCD 2001R006. The Study recommends that the Basin be constructed as a multi-use facility with active recreational enhancements. By Resolution FCD 2001R006, the Board resolved to authorize and direct the Chief Engineer and General Manger of the District to negotiate and prepare agreements with other governmental agencies for approval by the Board to implement the multi-use components of the Basin. The IGA shall become effective when recorded at the office of the County Recorder and shall expire in twenty-five (25) years; however, a separately recorded perpetual easement grant shall survive expiration of the IGA. This Agenda Item impacts Supervisorial District 1 (C-69-15-054-3-00) MEETING RECONVENED After consideration of that item, Chairman Chucri reconvened the Board of Supervisors. STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 6. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR This is the time scheduled for a public hearing on the applications for liquor licenses. At this hearing, the Board of Supervisors will determine the recommendation to the State Liquor Board as to whether the State Liquor Board should grant or deny the license. a. SPECIAL EVENT LICENSE FOR TEAM RED WHITE & BLUE, INC. Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Jamil Peter Coury for Team Red White & Blue, Inc. at McDowell Mountain Regional Park at 16300 McDowell Mountain Park Dr., Fountain Hills, Arizona 85255 to be held on Saturday, May 30, 2015 from 4:00 pm to 2:00 am. (Supervisorial District 2) (C-06-15-447-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Transportation – Transportación 7. 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. A530 Road File No. A530 to Open and Declare the following described alignment into the Formal Meeting Minutes Wednesday, May 20, 2015 Page 5 of 56 County Transportation System. (General Vicinity of McLellan Road and 104th Street. Supervisor District No. 2) (C- 64-15-100-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo b. ROAD FILE NO. A532 Road File No. A532 to Open and Declare the following described alignment into the County Transportation System. (General Vicinity of 80th Street and Palm Lane. Supervisory District No. 2) (C-64-15- 097-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo c. ROAD FILE NO. A534 Road File No. A534 to Open and Declare the following described alignments into the County Transportation System. (General Vicinity of 167th Avenue from Dixileta Drive to Windstone Trail. Supervisor District No. 4) (C-64-15-098-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo d. ROAD FILE NO. A535 Road File No. A535 to Open and Declare the following described alignments into the County Transportation System. (General Vicinity of 168th Avenue from Dixileta Drive to Windstone Trail. Supervisor District No. 4) (C-64-15-099-M-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 8. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0012 Road File No. PAB-0012 to Abandon a portion of Federal Patent Easement Number 1204560, lying in the Southeast quarter of Section 21 – T5N, R4E, 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 Windstone Trail and 61st Street and known as Assessor Parcel 211-45-087D. 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 Formal Meeting Minutes Wednesday, May 20, 2015 Page 6 of 56 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. (C-64-15-088-M-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek 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 9. OFF-TRACK PARI-MUTUEL WAGERING PERMIT FOR WADDELL'S LONGHORN CORRAL Pursuant to A.R.S. §5-111(A), approve a request filed by Turf Paradise for an Off-Track Pari-Mutuel Wagering Permit for Waddell's Longhorn Corral, located at 1629 North 195th Avenue, Buckeye, Arizona 85326 covering races beginning June 1, 2015 through May 31, 2018. (Supervisorial District 4) (C-06-15-440-L-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 10. MAIL BALLOT ELECTIONS FOR IRRIGATION WATER DELIVERY DISTRICTS Pursuant to A.R.S. § 16-225 and 16-558, approve a mail ballot election for the following Irrigation Water Delivery Districts to be conducted by the Districts on November 18, 2015. (Supervisorial District 3) (C-06-15-446-M-00) Sun View Estates I IWDD No. 55 Sun View Estates II IWDD No. 54 Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Elections - Elecciones 11. MAIL BALLOT ELECTION FOR HARQUAHALA VALLEY FIRE DISTRICT Pursuant to A.R.S. 16-558, approve a mail ballot election for the Harquahala Valley Fire District recall election to be held on August 25, 2015. A.R.S. 16-558 allows a special district to conduct a mail ballot election with the approval of the Board of Supervisors. (C-21-15-011-7-00) Formal Meeting Minutes Wednesday, May 20, 2015 Page 7 of 56 Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Sheriff - Alguacil 12. DONATION FROM THE ADVISORY POSSE GROUP FOR NEW HONOR GUARD UNIFORMS Accept a donation from the Advisory Posse Group expressly for the purchase of 20 new Sheriff's Office Honor Guard uniforms and accessories valued at $32,472.24. (C-50-15- 096-M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Supervisor Hickman expressed his gratitude for the donations. Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 13. DONATIONS TO THE MASH UNIT Approve the acceptance of $1,064 in donations from the following persons/companies to the Maricopa County Sheriff’s Office that is designated for MCSO Animal Safe Haven (MASH): $564 from Joan and Barry Paceley and $500 from the Buena Vista Mavericks 4-H Club. The donations 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- 15-097-M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 14. EXEMPTIONS FROM MARKINGS AND ISSUANCE OF UNDERCOVER LICENSE PLATES Approve, per A.R.S. §38-538.03, exemptions from markings and the issuance of undercover license plates for 20 replacement vehicles going into service for the Sheriff's Office. These vehicles will be used for undercover investigative purposes. (C-50-15-098-M- 00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 15. AMENDMENT TO LEASE AGREEMENT WITH THE TOWN OF CAVE CREEK Approve and execute Amendment No. 2 to Lease Agreement No. L-7301 and all related documents with the Town of Cave Creek, Lessor, for 4,432 square feet of office space located at 37622 North Cave Creek Road, Cave Creek, AZ. This property serves as a Sheriff’s Office sub-station for MCSO District IV. Amendment No. 2 will extend the term of the existing lease 60 months. The new lease term will begin September 1, 2015, and expire August 31, 2020, unless terminated earlier as provided for in the agreement. The rental rate will be $20.50 per square foot for the five-year term extension. The monthly base rent will be $7,571.33 plus rental tax and electrical utilities. This Amendment No. 2 will transfer financial responsibility to the Town for the cost of janitorial service, pest control service, debris/trash removal service and gas service as part of the base rent. The Town will make improvements to the exterior lighting, the entrance Formal Meeting Minutes Wednesday, May 20, 2015 Page 8 of 56 stoop, and the parking lot surfacing. The Town and the County will share equally in the cost of replacing the floor covering in portions of the Premises, up to a County not-to-exceed amount of $8,000.00. The County will have an option to extend the lease for one (1) 5-year renewal term. (C-50-01-014-4-02) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO County Manager - Administrador de Condado - Tom Manos 16. EXECUTIVE COMPENSATION PACKAGE Approve an Executive Compensation Package (ECP) for Fields Moseley, the County’s unclassified Director of the Communications. If approved, this ECP agreement will authorize a deposit of 80 hours of vacation time and 80 hours of sick leave effective May 14, 2015. The County’s Director of Communications provides critical support to the Board of Supervisors, the County Manager, and County management. The additional leave is part of a job offer package. (C-20-15-038-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Assistant County Manager - Sub Directora de Condado - Shelby Scharbach 17. RESOLUTION APPROVING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF YAVAPAI, EDUCATION REFUNDING BONDS (ARIZONA AGRIBUSINESS AND EQUINE CENTER, INC. PROJECT), SERIES 2015 Adoption of a resolution approving the issuance by The Industrial Development Authority of the County of Yavapai, of not-to-exceed $9,000,000 of Education Refunding Bonds (Arizona Agribusiness and Equine Center, Inc. Project), this resolution being adopted solely for the purpose of satisfying the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. The Industrial Development Authority of the County of Yavapai, proposes to issue its not to exceed $9,000,000 Education Refunding Bonds (AAEC Project), Series 2015 (the “Series 2015 Bonds”) to redeem and refund The Industrial Development Authority of the City of Tucson Education Revenue Bonds (AAEC Project), Series 2004A and Taxable Series 2004A-T (the “Bonds to be Refunded”) outstanding and to pay all or a portion of the costs of issuance of the Bonds. The Bonds to be Refunded were used to finance or refinance the acquisition, construction, renovation, improvement, expansion, equipping and operation of three charter school facilities located at 1924 East Baseline Road, Phoenix Arizona, 2165 North Power Road, Mesa Arizona, and 17811 North 32nd Street, Phoenix , Arizona. Due to the fact that the financed facilities are located in Maricopa County, Section 147(f) of the Code requires that the issuance of the bonds be approved by the Maricopa County Board of Supervisors, solely for satisfying the requirements of said Section 147(f), this approval being in addition to the regular approvals required by the Yavapai County IDA and the Yavapai County Board of Supervisors. The Bonds will be special limited obligations of the Authority and will not be a debt, Formal Meeting Minutes Wednesday, May 20, 2015 Page 9 of 56 obligation or liability of Maricopa County. (C-94-15-025-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Assistant County Manager - Sub Directora de Condado - MaryEllen Sheppard 18. REIMBURSEMENT OF FUNDS TO DEPARTMENT OF JUSTICE Approve a reimbursement to U.S. Department of Justice for questioned Edward Byrne Memorial Justice Assistance Grant costs in the amount of $49,277. This action will resolve an audit finding by the State of Arizona Auditor General’s Office on March 25, 2015. In accordance with A.R.S §42-17106(B), authorize the following amendments to the FY 2015 budget: a) Decrease the expenditure appropriation for the Non Departmental (470) General Fund (100) Non-Recurring (0001) Contingency (4711) in the line "Unreserved Contingency” by an amount not to exceed $49,277; b) Increase the expenditure appropriation for Assistant County Manager (950) General Fund (100) Non- Recurring (0001) in an amount not to exceed $49,277. Direct the Department of Finance to make reimbursement to the Department of Justice using any unspent operating funds available in Department 950 General Fund and the balance from the above appropriation. Maricopa County, as the Lead Agency, ensures that the funds from the Edward Byrne Memorial Justice Assistance Grant are dispersed in compliance with the Memorandum of Understanding (MOU), and collect and transmit to the appropriate Federal funding authorities all financial and program reports as required by the terms and conditions of the grant and applicable Federal regulations. It is anticipated that the department may have the ability to partially make this payment through operational savings. (C-95-15-005-2-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 19. AMENDMENT TO AGREEMENT WITH ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY FOR TRAVEL REDUCTION PROGRAM Approve Amendment No. 9 to an Intergovernmental Agreement between Arizona Department of Environmental Quality (EV11-0065) and Maricopa County through the Air Quality Department. The purpose of this amendment is to extend implementation of the Travel Reduction Program and the budget period end date. This amendment is non- financial and is effective from July 1, 2015 until June 30, 2016. All other terms and Formal Meeting Minutes Wednesday, May 20, 2015 Page 10 of 56 conditions of the Intergovernmental Agreement remain in full force and effect. (C-85-11- 002-3-09) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 20. DONATIONS FROM LAURA WHIPPERMAN, IN CARE OF PULTE GROUP, INC., O.H.S.O. EATERY + NANO BREWERY, THE COLUMBUS FOUNDATION, AND MICHAEL GUEST Accept monetary donations totaling $1,204.56 from Laura Whipperman – in care of Pulte Group, Inc., O.H.S.O. Eatery + nano Brewery, The Columbus Foundation, and Michael Guest for the care of the animals. Donation revenue funds are deposited into Fund 572 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-15-117-D- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 21. DONATION FROM THE ESTATE OF LOIS JEAN HEMPEL Accept a monetary donation of $15,000 from Roxane Darnell, Personal Representative for the Estate of Lois Jean Hempel for the care of the animals. Donation revenue funds are deposited into Fund 573 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-15-122-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 22. DONATION FROM INTEL COMPANY Accept monetary donations totaling $2,550 from Intel Company’s Volunteer Program for the care of the animals. Donation revenue funds are deposited into Fund 573 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-15-123-D- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, May 20, 2015 Page 11 of 56 23. NEW HOPE AGREEMENT WITH RESQD DAWGZ Approve an Agreement between Resqd Dawgz, a 501 (c) 3 non-profit corporation and Maricopa County to allow Resqd Dawgz under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is forty-one dollars ($41) for each animal rescued. Animal Care and Control estimates 60 new hope rescues over the term of the agreement, for a total of $2,460. The term of this Agreement is from July 1, 2015 through June 30, 2018. (C-79-15-115-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 24. NEW HOPE AGREEMENT WITH ARIZONA BOSTON TERRIER RESCUE Approve an Agreement between Arizona Boston Terrier Rescue, a 501 (c) 3 non-profit corporation and Maricopa County to allow Arizona Boston Terrier Rescue under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is forty-one dollars ($41) for each animal rescued. Animal Care and Control estimates 36 new hope rescues over the term of the agreement, for a total of $1,476. The term of this Agreement is from June 1, 2015 through June 30, 2018. (C-79-15-116-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 25. NEW HOPE AGREEMENT WITH AZ SAINT BERNARD RESCUE Approve an Agreement between AZ Saint Bernard Rescue, a 501 (c) 3 non-profit corporation and Maricopa County to allow AZ Saint Bernard Rescue under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is forty-one dollars ($41) for each animal rescued. Animal Care and Control estimates 6 new hope rescues over the term of the agreement, for a total of $246. The term of this Agreement is from May 20, 2015 through June 30, 2018. (C-79-15-118-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 26. NEW HOPE AGREEMENT WITH FEDWELL FARM RESCUE, INC. Approve an Agreement between Carrie Wright, d.b.a. Fedwell Farm Rescue, Inc., and Maricopa County to allow Fedwell Farm Rescue, Inc. under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is forty-one dollars ($41) for each animal rescued. Animal Care and Control estimates 108 new hope rescues over the term of the agreement, for a total of $4,428. The term of this Agreement is from May 20, 2015 through June 30, Formal Meeting Minutes Wednesday, May 20, 2015 Page 12 of 56 2018. (C-79-15-119-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 27. NEW HOPE AGREEMENT WITH ARIZONA SHELTIE RESCUE, INC. Approve an Agreement between Arizona Sheltie Rescue, Inc., a 501 (c) 3 non-profit corporation and Maricopa County to allow Arizona Sheltie Rescue, Inc. under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is forty-one dollars ($41) for each animal rescued. Animal Care and Control estimates 12 new hope rescues over the term of the agreement, for a total of $492. The term of this Agreement is from July 1, 2015 through June 30, 2018. (C-79-15-120-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 28. NEW HOPE AGREEMENT WITH PEI PEOPLE SHAR PEI RESCUE, INC. Approve an Agreement between Pei People Shar Pei Rescue, Inc., a 501 (c) 3 non-profit corporation and Maricopa County to allow Pei People Shar Pei Rescue, Inc. under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is forty-one dollars ($41) for each animal rescued. Animal Care and Control estimates 12 new hope rescues over the term of the agreement, for a total of $492. The term of this Agreement is from May 20, 2015 through June 30, 2018. (C-79-15-121-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Enterprise Technology - Tecnología Empresarial 29. RECONFIGURATION IMPLEMENTATION PHASE AGREEMENT WITH MOTOROLA SOLUTIONS, INC. Approve, and authorize the Chairman to execute all documents associated with, Reconfiguration Implementation Phase Agreement between Maricopa County and Motorola Solutions, Inc. allowing for the completion of Motorola’s work approved in the executed Frequency Reconfiguration Agreement (FRA) between Maricopa County and Nextel West Corp (authorized via agenda C-41-15-008-M-00). This Agreement allows Motorola Solutions, Inc., to complete their portion of the Frequency Reconfiguration Agreement (FRA) between the County and Nextel West Corp authorized via agenda C-41-15-008-M-00. Pursuant to the FRA, Motorola Solutions, Inc., is the contracted vendor to complete the rebanding of County owned frequencies detailed within the FRA. There are no costs to the County, whereas all payments made to Motorola Solutions, Inc. will be paid directly by Nextel West Corp. Payments to Motorola by Nextel West Corp will not exceed $2,768,494.00 as reflected in the FRA. (C-41-15-016-M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, May 20, 2015 Page 13 of 56 Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Environmental Services - Servicios Ambientales 30. BOARD OF HEALTH FEE WAIVER REIMBURSEMENT TO ENVIRONMENTAL SERVICES Approve a fund transfer of $33,943.00 from the General Fund (100) to the Environmental Services Environmental Health Fund (506). The purpose of the transfer is to reimburse Environmental Services for Fee Waivers approved by the Board of Health pursuant to C- 88-12-010-7-00. Pursuant to A.R.S. §42-17106B, authorize the transfer of FY 2015 expenditure authority in the amount of $33,943.00 from Non Departmental (470) General Fund (100) Non Recurring Non Project (0001) Contingency (4711) to Non Departmental (470) General Fund (100) Non Recurring Non Project (0001) Other Programs (4712) to the line item titled "Board of Health Fee Waiver Fund Transfer" for the reimbursement of the Environmental Services fee waivers approved by the Board of Health. Also, authorize an increase in revenue authority in the amount of $33,943.00 in Environmental Services (880) Environmental Services Environmental Health Fund (506) Non Recurring Non Project (0001) and increase expenditure authority in the amount of $33,943.00 in Non Departmental (470) Grants Fund (249) Non Recurring Non Project (0001) with offsetting revenue and expenditures adjustments in Eliminations (980) Eliminations Fund (900) Non Recurring Non Project (0001). This action will have a net zero impact on the overall County budget. Board of Supervisors agenda item C-88-12-010-7-00, approved on June 20, 2012, authorized reimbursement to the Environmental Services Fee Fund for fees waived by the Board of Health for its work on behalf of the Board of Supervisors. At the Board of Health meeting on Monday, April 27, 2015, the Board of Health approved fee waivers totaling $33,943.00. Environmental Services requests reimbursement pursuant to C-88-12-010-7-00. (C-88-15-012-2-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Finance - Finanzas 31. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers 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. Said warrants and claims are on file in the Clerk of the Board’s office and retained in accordance with ASLAPR approved retention schedule. Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Human Resources - Recursos Humanos 32. AMEND SCHEDULE OF PREMIUM PAY RATES Formal Meeting Minutes Wednesday, May 20, 2015 Page 14 of 56 Amend the Schedule of Premium Pay Rates applicable to all employees paid through the Maricopa County payroll system. Human Resources recommends adding an Emergency Dispatcher and Operator Training Differential. 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); and 05/06/2015 (C-31-13-024-6-03). (C-31-13-024-6-04) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 33. MARKET RANGES Pursuant to A.R.S §§11-251.38 and 251.51, approve the addition, replacement, and/or deletion of Market Ranges to the authorized comprehensive listing of employee compensation Market Ranges previously approved by the Board of Supervisors and approve the addition and/or replacement stipends for management/professional assignments (MPA). (C-31-15-034-6-00) Ranges: - Trainer: $20.58-$30.86 ($42,806-$64,189) Management/Professional Assignment: - Justice Court Manager Special Assignment: $160.00 Biweekly Stipend Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo NOTE: Items FA-1, LA-1 and SA-1 were taken out of order and considered concurrently with item 34. MEETING CONCURRENTLY CONVENED Chairman Chucri concurrently convened the Flood Control, Library and Stadium Districts with the Board of Supervisors to consider items FA-1, LA-1 and SA-1 to approve changes to HR2406. 34. REVISIONS TO EMPLOYEE MERIT SYSTEM RESOLUTION AND POLICY HR2406 Approve the revisions to the Employee Merit System Resolution and also approve changes to HR2406 reflecting changes in the merit resolution. a. Approve the revisions to the Employee Merit System Resolution, and b. Approve changes to HR2406, reflecting changes in the Employee Merit System Resolution. (C-31-15-037-6-00) MaryEllen Sheppard, Assistant County Manager, provided a summary of the substantive changes to the Employee Merit System Resolution, noting that the changes will not impact the employees covered by the Law Enforcement Merit System or the Judicial Branch. In addition, the changes will not impact the classified status of County employees in their current positions. Formal Meeting Minutes Wednesday, May 20, 2015 Page 15 of 56 Supervisor Gallardo asked for clarification on how Law Enforcement is covered compared to County employees that are covered by the Merit System Resolution. Ms. Sheppard responded that Deputy Sheriffs and other Law Enforcement Officers are covered under the Law Enforcement Merit System, with the exception of Detention Officers who are covered under the Employee Merit System. There are significant provisions in state statutes that govern the disciplinary and appeals process. Ms. Sheppard explained that the Law Enforcement Merit System is separate from the Employee Merit System and has separate statutes and separate rules and provisions. She added that the Board does not have the same authority related to the Law Enforcement Merit System as it does for the Employee Merit System. Supervisor Gallardo asked about the impact of Policy HR2406. Ms. Sheppard stated that the policy HR2406 is being revised consistent with Section 17 of the Employee Merit System Resolution. Supervisor Kunasek asked about the Board of Supervisors’ authority to determine who is covered by the Employee Merit System and if other elected officials have the same authority. Ms. Sheppard explained that Arizona Revised Statute (ARS) 11-352 gave the Board authority to determine which positions will be at-will. This is separate from ARS 38- 101 which deals with employees covered under the Law Enforcement Merit System. She stated that her understanding is that the intent of the Board is to make those determinations in conjunction with the input of other elected officials. Ms. Sheppard advised that the Board does not have the authority to change the status of Deputy Sheriffs, and has limited authority with respect to the Detention Officers. She also explained that other elected officials do not have the authority to independently designate positions as at-will. Supervisor Kunasek expressed his concern about the possibility of a patronage system and asked how the County can prevent this type of problem. Ms. Sheppard explained that the Merit Principles will remain in place and guide the new rules. Ms. Sheppard stated that because the Board has elected to continue a Merit System, the Board Members are given the discretion to decide which positions will be changed from classified to at-will status. She confirmed that uncovered employees cannot file appeals with the Merit Commission, and those would be policy decisions that will need to be made going forward and will be brought back to the Board for final determination. Supervisor Gallardo commented that he would like at-will employees to have some due process rights put in place, and would like to be involved during the drafting and discussion of the new rules. Supervisor Barney agreed with Supervisor Kunasek and Supervisor Gallardo that going forward the provisions need to be very protective and prescriptive regarding due process. He expressed his support and excitement for the revisions and direction the County is moving to create a more dynamic and engaged way of delivering services. He recognized Chairman Chucri, MaryEllen Sheppard and staff for their involvement in the process, and added that this is a positive outgrowth of the regulatory reform that the Board has worked on. Angela Hughey, representing One Community/Competitive Arizona; Reverend Brian Kemp-Schlemmer, representing City Squase Church; Josh Zaraguza, representing Human Rights Campaign; Catherine Alonzo, representing Equality Arizona; and Steve Kilar, representing ACLU of Arizona, spoke in opposition. They stated their appreciation for updating the County’s non-discrimination policy to include sexual orientation, but expressed concerns that the policy is not fully inclusive, specifically with regard to gender identity and expression. They asked the Board not to approve the proposed revisions to Formal Meeting Minutes Wednesday, May 20, 2015 Page 16 of 56 the Employee Merit System Resolution and work towards a more comprehensive and fully inclusive policy. Supervisor Hickman recognized the Board Members for their work on the revisions, adding that he is comfortable with an incremental approach to these changes. He also thanked Angela Hughey for reaching out to his office and offering her perspective. He explained what the policy changes will accomplish, and noted the importance of being competitive in order to hire and retain the best employees. Chairman Chucri concurred with the comments made by Supervisor Barney regarding the policy changes being an outgrowth of the work the Board has done. He discussed the positive impact of bringing business principles to County government, and added that this is the right start for overarching reforms to personnel reform. He stated that he understands and agrees with the concerns raised about cronyism, but also feels that some of the policies have become antiquated. He stated that this provides an opportunity to work together as a Board and with the other Maricopa County elected officials to bring a business mindset and principles to County government. Supervisor Barney made brief comments about the revisions and thanked Chairman Chucri and his Chief of Staff, Page Gonzales, for their hard work. Supervisor Kunasek read a portion of a letter he received from Competitive Arizona that states that “employees should be judged on their qualifications, experience and the job they’re doing – nothing more, nothing less.” He stated that everyone deserves protection and expressed his support of a more comprehensive and fully inclusive policy. Supervisor Gallardo stated that “this has been an issue near and dear to my heart during my entire political career” adding that it is wrong to terminate someone because of who they are and or who they love. He discussed his personal story and decision to make statements to his colleagues at the Legislature and the public regarding his sexual orientation. He commented on the need to protect employees from discrimination against gender identity and gender expression. Supervisor Gallardo made a motion to amend the language to Section 17 of the Merit System Resolution to include gender identity and expression. The motion died for a lack of a second. Supervisor Gallardo stated his continued commitment to making sure the policies of Maricopa County are fully inclusive and include gender identity and gender expression. Motion to approve Board of Supervisors item 34 “a” and “b” and FA-1, LA-1, and SA-1 by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo FA-1. REVISIONS TO POLICY HR2406 Approve changes to Human Resources Policy HR2406, reflecting changes in the Employee Merit System Resolution. (C-31-15-037-6-00) Motion to approve by Director Hickman, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo LA-1. REVISIONS TO POLICY HR2406 Approve changes to Human Resources Policy HR2406, reflecting changes in the Employee Formal Meeting Minutes Wednesday, May 20, 2015 Page 17 of 56 Merit System Resolution. (C-31-15-037-6-00) Motion to approve by Director Hickman, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo SA-1. REVISIONS TO POLICY HR2406 Approve changes to Human Resources Policy HR2406, reflecting changes in the Employee Merit System Resolution. (C-31-15-037-6-00) Motion to approve by Director Hickman, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo MEETING RECESSED Chairman Chucri recessed the Flood Control, Library and Stadium Districts. Human Services - Servicios Humanos 35. DATA SHARING AGREEMENT WITH ARIZONA DEPARTMENT OF HEALTH SERVICES OFFICE OF ENVIRONMENTAL HEALTH Approve a non-financial Data Sharing Agreement between Arizona Department of Health Services Office of Environmental Health (ADHS) and Maricopa County administered by its the Human Services Department for the Head Start program. The agreement will allow for the sharing of information regarding blood lead screening and testing data. The agreement will also allow for working collaboratively to implement actions to increase blood lead screening and testing in enrolled participants in the Early Head Start and Head Start program, as well as to coordinate follow up testing and family education as needed. The Agreement shall commence upon signature by both parties and will terminate five (5) years after the date of full execution. The Agreement may be terminated by either party upon sixty (60) calendar day’s written notice to the other Party. (C-22-15-066-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Blue Crowley, resident, commented on items 35 through 38, stating the amendments are examples of County service for childhood education. He added that social services are an important part of the government’s job. 36. AMENDMENT TO THE CONTRACT WITH CATHOLIC CHARITIES COMMUNITY SERVICES FOR HEAD START/EARLY HEAD START SERVICES Approve financial Amendment No. 2 to Contract between Catholic Charities Community Services (CCCS) and Maricopa County administered by its Human Services Department. The purpose of the Amendment is to: • Increase the contract amount by $60,000 from $8,640,985 to $8,700,985 for FY 2015. • Funding shall be utilized to offset costs related to updating IT equipment • CCCS is required to provide an additional $15,000 in-kind match. The Amendment is effective for the period of May 20, 2015 to June 30, 2015. Funding for this Amendment is through a grant from U.S. Department of Health and Human Formal Meeting Minutes Wednesday, May 20, 2015 Page 18 of 56 Services/Administration for Children and Families/Office of Head Start, (C-22-14-058-G- 00). The purpose of the Agreement is to provide Head Start and Early Head Start services in the western part of the County. This contract does not impact any County General Funds. Catholic Charities Community Services is designated as a Delegate Agency of Maricopa County’s Head Start Zero-Five Program serving Western Maricopa County. This funding will be used to update IT equipment across 72 Head Start Center Based Classrooms; 14 Early Head Start Center Based Classrooms; 9 Early Head Start Home Based Visitor Programs; and 26 units for Supervisors and Managers. (C-22-14-075-3-02) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 37. AMENDMENT TO CONTRACT WITH TEMPE ELEMENTARY SCHOOL DISTRICT #3 FOR HEAD START ZERO-FIVE PROGRAM Approve financial Amendment No. 1 to the Agreement between Tempe Elementary School District #3 (C-22-15-024-3-00) for food service catering to the Maricopa County Head Start Zero-Five program. The purpose of Amendment No. 1 is to increase funding amount by $10,000 from $83,946 to $93,946. This contract amendment is effective upon approval and signature of both parties and will expire on June 30, 2015. This contract is funded by grants from U.S. Department of Health and Human Services (C-22-14-058-G-00), and the Arizona Department of Education/Child and Adult Care Food Program (CACFP) (C-22-14-027-G-00). This agreement does not impact the County General Funds. This amendment will align the funding amount with the program year FY2015. (C-22-15- 024-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 38. AMENDMENT TO CONTRACT WITH CHANDLER UNIFIED SCHOOL DISTRICT Approve financial amendment No. 1 to the agreement with between Chandler Unified School District (C-22-15-026-3-01) for food service catering to the Maricopa County Head Start Zero-Five program. The purpose of amendment #1 is to increase funding amount by $25,000 from $84,220 to $109,220. The contract amendment is effective upon approval and signature of both parties and will expire on June 30, 2015. This contract is funded by grants from U.S. Department of Health and Human Services (C- 22-14-058-G-00), and the Arizona Department of Education/Child and Adult Care Food Program (CACFP) (C-22-14-027-G-00). This agreement does not impact the County General Funds. This amendment will align the funding amount with program year and funding availability for FY2015. (C-22-15-026-3-01) Formal Meeting Minutes Wednesday, May 20, 2015 Page 19 of 56 Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 39. AMENDMENT TO LEASE AGREEMENT WITH TOWN OF GUADALUPE Approve and authorize the Chairman to execute financial Amendment No 5 to Lease Agreement No. L-7309 with the Town of Guadalupe, (Lessor) and Maricopa County (Lessee) administered by its Human Services Department for Head Start classroom space consisting of 2,364 square feet located at 9401 South Avenida Del Yaqui, Guadalupe, AZ. Lessor and Lessee now mutually desire to amend the Lease Agreement to extend the term of the Lease Agreement, update Lessor notice, update payment address and Lessee notice address, and add janitorial service to the Lease Agreement. Amendment 5 extends the term of the lease for an additional four (4) years to commence June 1, 2015 and terminate May 30, 2019. The rental rate is $8.00 per square foot or an annual fee of $18,912.00 plus rental tax (for a total annual amount of $19,573.92). Lessee shall pay $120 per month for janitorial services (for a total annual amount of $1,440). All other terms and conditions remain unchanged. (C-22-05-126-4-04) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 40. AMENDMENT TO IGA WITH THE CITY OF AVONDALE Approve financial Amendment No. 1 to the Intergovernmental Agreement between the City of Avondale, a member of the Maricopa HOME Consortium, and Maricopa County administered by its Human Services Department. The Amendment will increase the contract funding by $617,089 from $148,229 to a not-to-exceed amount of $765,318. The Amendment funding shall address the following: • Single Family Homebuyer Assistance shall remain $49,264 • Single Family Housing Rehab increase by $219,375 from $98,965 to $318,340 • Single Family New Home Construction shall be added $397,714 Changes to the agreement are identified in the revised Work Statement (Exhibit A). The amendment also revises Section IV Compensation paragraph C. Reimbursement amount. The Amendment shall be effective upon approval and signature by both parties and shall expire on February 19, 2017. There is no impact to the General Fund. This Agreement is funded by a grant from the U.S. Department of Housing and Urban Development (HUD) through the FY2014-2015 Maricopa County HOME Consortium Action Plan (C-22-14-063-3-00), approved by the Board of Supervisors on May 7, 2014. Maricopa County is the lead agency for the Maricopa HOME Consortium. (C-22-15-031-3- 01) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, May 20, 2015 Page 20 of 56 41. AMENDMENT TO IGA WITH THE CITY OF PEORIA Approve financial Amendment No. 1 to the Intergovernmental Agreement between the City of Peoria, a member of the Maricopa HOME Consortium, and Maricopa County administered by its Human Services Department. The Amendment will increase the contract funding by $200,000 from $171,333 to a not-to-exceed amount of $371,333. The Amendment will also extend the Agreement end date to June 30, 2017. The funding increase shall be utilized for new home construction and for Homebuyer Assistance as identified in the revised Work Statement (Exhibit A). The amendment also revises Section IV Compensation paragraph C. Reimbursement amount. The Amendment shall be effective upon approval and signature by both parties. There is no impact to the General Fund. This Agreement is funded by a grant from the U.S. Department of Housing and Urban Development (HUD) through the FY2014-2015 Maricopa County HOME Consortium Action Plan (C-22-14-063-3-00), approved by the Board of Supervisors on May 7, 2014. Maricopa County is the lead agency for the Maricopa HOME Consortium. (C-22-15-030-3- 01) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 42. AMENDMENT TO IGA WITH THE CITY OF SURPRISE Approve financial Amendment No. 1 to the Intergovernmental Agreement between the City of Surprise, a member of the Maricopa HOME Consortium, and Maricopa County administered by its Human Services Department. The Amendment will increase the contract funding by $130,000 from $133,451 to a not-to-exceed amount of $263,451. The funding increase shall be utilized for the Single Family Housing Replacement Project as identified in the revised Work Statement (Exhibit A). The amendment also revises Section IV Compensation paragraph C. Reimbursement amount. The Amendment shall be effective upon approval and signature by both parties and, per the Agreement, shall expire on January 29, 2017. There is no impact to the General Fund. This Agreement is funded by a grant from the U.S. Department of Housing and Urban Development (HUD) through the FY2014-2015 Maricopa County HOME Consortium Action Plan (C-22-14-063-3-00), approved by the Board of Supervisors on May 7, 2014. Maricopa County is the lead agency for the Maricopa HOME Consortium. (C-22-15-043-3- 01) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 43. AGREEMENT WITH ARIZONA COMMUNITY ACTION ASSOCIATION Approve a revenue agreement between Arizona Community Action Association (ACAA) and Maricopa County, through its Human Services Department (MCHSD), in the not-to- Formal Meeting Minutes Wednesday, May 20, 2015 Page 21 of 56 exceed amount of $271,220. The purpose of this agreement is for the provision of home weatherization services to eligible residents of Maricopa County. This agreement is effective May 1, 2015 and will expire on March 30, 2016. The Indirect rate for FY15 for the Human Services Department approved by U.S. Department of Health and Human Services is 18.4% of personnel costs. The proposed Indirect Rate for FY16 submitted to U.S. Department of Health and Human Services is 20.2% of personnel costs However, this Agreement allows for a maximum of 20% program delivery collection for a total amount of $29,060, which is applied toward indirect cost recovery. The program delivery for FY15 is $5,284 and FY16 is $23,776, respectively. This agreement does not contain County General funds. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. The approval of this funding does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through future budget reconciliation. (C-22-15-067-3-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 44. REDUCTION IN FLEET Approve a reduction in Fleet and direct Equipment Services to dispose of one (1) vehicle assigned to the Maricopa County Human Services Department. Any proceeds from the disposal of the vehicle through auction will be posted to the Human Services Grant Fund (Fund 222). The description of the vehicle that will be disposed is County vehicle number M0492404, 2004 Chevy Astro Mini Van. This vehicle is in poor condition and requires costly repairs. The Human Services Department has decided to not replace this vehicle. The estimated fair market value is $2,600. This action will result in a net decrease to the County fleet by one (1) vehicle. (C-22-15- 065-V-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Parks and Recreation - Parques y Recreación 45. NON-MOTORIZED RECREATION TRAIL EASEMENT WITH FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Approve a document for the Non-Motorized Recreation Trail Easement between Flood Formal Meeting Minutes Wednesday, May 20, 2015 Page 22 of 56 Control District of Maricopa County and Maricopa County Parks and Recreation for a portion of Maricopa Trail Segment 35. This Easement is being issued according to an Intergovernmental Agreement (IGA) between both parties. The parcel is located: 1. On northwest corner of Indian School Road and 195th Ave in Buckeye, AZ 2. Assessor Parcel Number 502-28-563A, 502-28-563A, 502-77-748A, .91 +/- acres or 39,750.15 +/- sq. ft. The Flood Control District and Maricopa County Parks and Recreation have an IGA that permits Maricopa County Parks and Recreation to develop pedestrian, bicycle, and equestrian trails along with recreational features, as part of Maricopa Trail system throughout Maricopa County, on areas that did not interfere with flood control purposes. The granting of the easement will complete the permit process and give permanent rights to the County for a recreational use open to the public. (C-30-15-026-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Planning and Development - Planificación y Desarrollo 46. GRANITE VISTA DEVELOPMENT AGREEMENT Approve Granite Vista Development Agreement with NSHE Brisbane LLC & Sunset Tartesso LLC (Elliott Homes) and Maricopa County as required by conditions ‘d’ and ‘q.2.’ of the Development Master Plan case (DMP2013006) for Granite Vista previously approved on August 27, 2014. As conditions of the DMP approval, the applicant is required to enter into a development agreement with Maricopa County to address potential short- and long-term fiscal impacts to Maricopa County. This agreement must be approved by the Board of Supervisors prior to approval of any Final Plat associated with the DMP. This agreement to be recorded as required pursuant to A.R.S. §11-1101. (Supervisor District 4) (C-44-15-087-3-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Policy and Compliance - Política y Conformidad 47. CHANGES TO POLICY A1919, PROHIBITION OF SMOKING AND TOBACCO USE (FORMERLY ENTITLED “SMOKING IN COUNTY BUILDINGS, FACILITIES AND OFFICES”) Approve changes to Policy A1919, Prohibition of Smoking and Tobacco Use (Formerly entitled “Smoking in County Buildings, Facilities and Offices”). This policy was revised to include language that meets the requirements of the 2006 Smoke-Free Arizona Act, to prohibit the use of electronic cigarettes inside County buildings, and to prohibit smoking and all forms of tobacco use on County property with the exception of designated areas (County park land will be a designated exclusion). (C-49-15-057-6-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, May 20, 2015 Page 23 of 56 48. AMENDMENTS TO RISK MANAGEMENT POLICIES Approve changes to Risk Management policies A2216 Transporting Injured/Ill County Employees, A2218 Reporting Industrial Injury or Illness, and A2223 Funding and Payment of Worker’s Compensation Claims. A2216, Transporting Injured/Ill County Employees, has been modified, without reducing the benefits to the injured employee, to conform to the departure of MIHS from the County, the use of safer methods of caring for the employee and the adoption of HR2424, Commuter Transportation. A2218 has been modified, without reducing the benefits to the injured employee, to conform to ARS § 23-901 and modified policy A2216, Transporting Injured-Ill County Employees. This revised policy now incorporates language related to the new Risk Management Incident Reporting Web Form that has been recently developed and implemented. A2223 has been revised, without reducing the benefits to the injured employee, to conform to modified policy A2218, Reporting Industrial Injury or Illness. This revised policy now incorporates language related to the new Risk Management Incident Reporting Web Form that has recently been developed and implemented. (C-49-15-058-6-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 49. RESCISSION OF RISK MANAGEMENT POLICIES Approve the rescission of Risk Management policies A2207 Personal Protective Equipment, A2208 Safety Policy for Operating Equipment, A2209 Occupational Health Nurse, A2211 Safety Incentive Awards, A2212 Department Safety Committees and the Safety Policy Awards, A2215 First Aid Kits, A2217 Wearing of Personal Headphones, A2219 OSHA Record Keeping Requirements, A2220 Hearing Conservation, and A2224 OSHA Control of Hazardous Energy (Lockout/Tagout) Requirements. Policies A2207, A2208, A2211, A2212, A2215, A2217, A2219, A2220, and A2224 should be rescinded because they will be replaced by proposed policies A2234a through A2234z of the Injury Illness Prevention Plan (IIPP), if adopted. The IIPP meets the requirements of both State and federal safety regulations that require the County to have a series of health and safety policies tailored to the hazards of the workplace. The IIPP contains 14 standard, required chapters plus specifically chosen additional chapters covering the County’s safety policies, procedures, protective gear, hazard assessment, safety committees, etc. A2209 is being rescinded because the Occupational Health Nurse position is no longer being funded. In addition, most of the functions described in A2209 will be covered by the proposed IIPP policies. (C-49-15-059-6-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, May 20, 2015 Page 24 of 56 50. POLICIES A2234A THROUGH A2234Z, THE INJURY AND ILLNESS PREVENTION PROGRAM Approve the Injury and Illness Prevention Program (IIPP) which contains Policies A2234a through A2234z. The Injury and Illness Prevention Program (IIPP) meets the requirements of both state and federal safety regulations that require the County to have a series of health and safety policies tailored to the hazards of the workplace. The IIPP contains 14 standard, required chapters plus specifically chosen additional chapters covering the County’s safety policies, procedures, protective gear, hazard assessment, safety committees, etc. Goals of the IIPP are to provide a safe work environment, to minimize loss and human suffering, to provide common sense safety and health guidelines, and to supplement existing safety and health procedures at applicable worksites. (C-49-15-061-6-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Procurement Services - Servicios de Adquisiciones 51. 13139-RFP, NEW JAIL MANAGEMENT SYSTEM SOLUTION Approve the following solicitation serial items. Serial: 13139-RFP Item: New Jail Management System Solution ($19,768,281.00 estimate / 10 Years until May 31, 2025 (Eff. 06/01/15) With 10 One-Year Renewal Option) Approve and Authorize a contract to Syscon Justice Systems Canada for an initial term of ten years with the option of an additional ten years for the Maricopa County Sheriff’s Office Jail Management System (JMS). (C-73-15-038-7-00) Syscon Justice Systems Canada Supervisor Barney and Supervisor Gallardo expressed their support of the New Jail Management System Solution. Supervisor Gallardo stated that he would like to have a future discussion on the County financing of large infrastructure and capital projects to find a better way to fund the projects. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 52. 14015-RFP, CONSULTANT FOR MELENDRES COURT ORDERED INTERNAL ASSESSMENT Approve and authorize a one (1) year renewal of this contract; a $100,000 increase in the expenditure value and the addition of training curriculum to the scope of services. This contract provides for various consulting services for the Maricopa County Sheriff’s office in the completion of court ordered requirements associated with the Melendres Court Order. (C-73-14-058-7-01) VRI TECHNOLOGIES LLC Motion to continue to future meeting by Supervisor Barney, seconded by Supervisor Formal Meeting Minutes Wednesday, May 20, 2015 Page 25 of 56 Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Clerk’s Note: It was later determined this item would not need to be heard by the Board. 53. 15017-S, TRASH COMPACTOR RENTAL Approve the following solicitation serial items. Serial: 15017-S Item: Trash Compactor Rental ($650,000.00 estimate / 2 Years until May 31, 2017) The purpose of this contract is to provide roll-off, self-contained, enclosed trash compactor rental units as specified, including an all-inclusive, full maintenance coverage program for trash removal at various County facilities. (C-73-15-039-7-00) Anco Sanitation Systems, Inc. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Protective Services - Servicios de Protección 54. ONE-TIME ADDITION TO FLEET Approve the one time addition to the fleet of a 2006 Ford Crown Victoria with 139,389 miles (equipment # 11628 ) to be utilized by General Government – Protective Services Department. The vehicle is valued at $2,500. Funding for this vehicle is not applicable since the vehicle was deemed a surplus vehicle when turned into Equipment Services by the Sheriff’s Office for auction. Annual operating and maintenance costs are estimated at $2,000 to be paid out of General Government Protective Services Department funds. This vehicle is a one-time addition to the fleet that will be retired at the end of its’ useful life with no funding from the General Fund for its replacement. (C-72-15-001-V-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Public Health - Salud Pública 55. AMENDMENT TO CONTRACT WITH THE STATE OF ARIZONA, AND ARIZONA BOARD OF REGENTS FOR PUBLIC HEALTH POLICY ANALYSIS SERVICES Approve Amendment No. 8 to Request for Proposal (RFP), Contract PH RFP11-016 between the State of Arizona, and Arizona Board of Regents on behalf of Arizona State University and Maricopa County, a political subdivision of the State of Arizona, by and through its Department of Public Health (MCDPH) to provide Public Health Policy Analysis (PHPA) services. This Amendment will amend Section 1.0 Contract Term 1.2 the original contract shall be extended for an additional term of one (1) year, beginning on July 1, 2015 ending June 30, 2016 with additional terms up to a total of five (5) years. This is a no-cost extension. The Contract term is July 1, 2011 through June 30, 2016. All other terms and conditions of the original contract shall remain in full force and effect. (C-86-12-009-3-08) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, May 20, 2015 Page 26 of 56 56. PARTNERSHIP AGREEMENT WITH CREIGHTON ELEMENTARY SCHOOL DISTRICT FOR NUTRITIONAL AND PHYSICIAL ACTIVITY EDUCATION Approve a non-financial Partnership Agreement (PA) between Creighton Elementary School District (CESD) and Maricopa County by and through its Department of Public Health (MCDPH), Arizona Nutrition Network (AzNN) to provide nutrition and physical activity education programs and services to the schools in this district. This PA is part of the AzNN Grant. This PA will be in effect from October 1, 2015 through September 30, 2018. (C-86-15-099-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 57. PURCHASE ORDER TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Approve Purchase Order (HG052195:6), STD-Maricopa IPP 2015-1ST Half, to the Intergovernmental Agreement (IGA) Contract No. ( HG052195) between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Laboratory Services to provide funding for the Infertility Prevention Project Testing STD Program. This Purchase Order is in the amount of $ 18,882.41 for the budget period January 1, 2015 through June 30, 2015. The contract term is January 1, 2010 through December 31, 2015. The Department of Public Health’s indirect rate for FY2014-15 is 14.8%. Grant indirect expenses are fully recoverable and are estimated at $2,434. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. By accepting these funds, this will allow MCDPH to continue the services to the people of Maricopa County. (C-86-10-120-3-11) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 58. FACILITY USE REVOCABLE LICENSE AGREEMENT WITH CHANDLER UNIFIED SCHOOL DISTRICT NO. 80 FOR WIC CLINIC SPACE Approve, and authorize the Chairman to execute, Facility Use Revocable License (FURL) Agreement No. P-50268, with Chandler Unified School District No. 80 (CUSD), for use of space at one (1) Maricopa County through its Department of Public Health (MCDPH), Women, Infant and Children (WIC) clinic. The Agreement will allow CUSD to provide a Summer Meal Service Program to presenting youth under the age of 18 at the Public Health/WIC facilities. The agreement term will begin June 1, 2015 and expire July 10, 2015, 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 one (1) WIC facility is: Formal Meeting Minutes Wednesday, May 20, 2015 Page 27 of 56 1) Chandler, 3002 N. Arizona Avenue, Suite 13, Chandler, AZ 85225 This FURL also allows for CUSD 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-86-15-100-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 59. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES TO PROVIDE ONLINE NUTRITION EDUCATION DISCUSSION SESSIONS Approve Amendment No. 2 to Intergovernmental Agreement (IGA) Combined Cost Reimbursement Contract No. ADHS14-053007, Bureau of Nutrition and Physical – Women, Infants and Children, Breastfeeding Peer Counseling Program, Farmer’s Market Nutrition Program (BNPA – WIC, BFPC and FMNP), between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH) to provide additional funding for a project entitled Online Nutrition Education Discussion Sessions (ONEDS). This project will implement and evaluate a new and innovative method of service delivery by providing ONEDS to WIC participants. In reference to IGA Amendment, item No. 7, the Price Sheet from Amendment One (1) is replaced with the Price Sheet of this Amendment Two (2) by adding the ONEDS project for a total not-to-exceed amount of $25,986, effective on final signature. Also, additional items for this IGA Amendments are as follows: 1. Pursuant to Terms and Conditions, Section 6, Contract Changes, Item 6.1, Amendments, Purchase Orders and Change Orders, has been revised and replaced. 2. Scope of Services, Section 1 Background, is amended. 3. Scope of Sevices, Section 4, Objective is amended and replaced; 4. Scope of Services, Section 5, Scope of Work is amended; 5. Scope of Services, Section 6, Tasks and Requirements, is amended; 6. Scope of Services, Section 9, Deliverables is amended to replace; Maricopa County Department of Public Health’s Indirect Rate for FY2014-15 is 14.8%. The indirect costs are estimated at $3,350, which are fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year as approved by the County Finance Department and the future indirect rates will be collected at the corresponding rates. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-14-023-3-05) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, May 20, 2015 Page 28 of 56 Transportation - Transportación 60. IGA WITH THE CITY OF PHOENIX FOR IMPROVEMENTS TO BASELINE ROAD FROM 57TH AVENUE TO 55TH AVENUE Approve Intergovernmental Agreement (IGA) between Maricopa County (the “County”) and the City of Phoenix (the “City”) for improvements to Baseline Road from 57th Avenue to 55th Avenue (the “Project”). This Agreement defines the responsibilities of the County and the City with respect to all elements of work and cost share obligations for the Project. The estimated cost for the construction of the Project is $5.21 million. The County’s cost share contribution is $742,142. Funds will be budgeted in the FY2016-2017 Transportation Department (640) Transportation Capital Project Fund (234) for County Arterials (ARTS) Project, sub-project T507 Baseline Road: 57th Avenue to 55th Avenue. Construction of the Project is anticipated to begin in fiscal year 2016. This corridor serves a substantial amount of county residents based on the existing frontage that lies within the unincorporated area of the County. Improvements will include asphaltic concrete paving with a raised median, bike lanes, curb and gutter, sidewalks, bus bay, street lighting and new storm drains and a new traffic signal at 55th Avenue. The County’s cost share contribution is $742,142. The estimated total cost for construction is $5,210,000. The City is the lead agency for all elements of work for the Project and will be responsible for any additional costs associated with Project. 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. 5 (C-64-15-109-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 61. AMENDMENT TO IGA WITH THE STATE OF ARIZONA FOR RAILROAD CROSSING COMPONENT IMPROVEMENTS Approve Amendment to the Intergovernmental Agreement (original IGA) between Maricopa County (County) and the State of Arizona (State) for railroad crossing component improvements to the intersection at MC85 (Buckeye Road) and Avondale Boulevard (115th Avenue). The Project is funded through federal and Highway User Revenue Fund (HURF) monies. The estimated costs in the original IGA have been revised to accommodate increases in the Railroad’s construction portion of the Project, prompting Arizona Department of Transportation (ADOT) to amend the original IGA and obtain additional Section 130 (Federal Highway Administration – FHWA) Railroad Safety Program funding. ADOT will pay the railroad directly. Supervisory District No. 5 (C-64-13-109-M-01) Blue Crowley, resident, stated his concerns regarding the County’s substandard railroad crossings. He said the County should be more aggressive about its railroad crossing needs. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 62. ANNEXATION (RIGHT OF WAY) BY THE TOWN OF GILBERT Pursuant to A.R.S. §9-471(N), approve the annexation by the Town of Gilbert of County right-of-way within: Higley Road from 2322.76 feet South of Warner Road to Warner Road, in accordance with Formal Meeting Minutes Wednesday, May 20, 2015 Page 29 of 56 Ordinance No. 2529. Supervisory District No. 2 (C-64-15-111-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 63. BID AND AWARD FOR BELL ROAD ADAPTIVE SIGNAL CONTROL TECHNOLOGY DEPLOYMENT Approve the solicitation of bids for the Maricopa County Department of Transportation’s deployment of Adaptive Signal Control Technology (ASCT) at 51 intersections along Bell Road between Cotton Lane and Thompson Peak Parkway. The project includes installation of traffic detection devices, traffic signal controller hardware and traffic signal software. Award of the construction contract will be 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) Intelligent Transportation Systems (INTL) Project, Sub-Project T447. This project will add adaptive capabilities to the existing signal system and offer signal coordination between agencies that currently does not exist on Bell Road. Adaptive capability will be provided for all of the signals within the project corridor for four areas as described below which are operated by Surprise, ADOT, Maricopa County, Peoria, Glendale, Scottsdale, and Phoenix. All the capabilities of the existing system will be maintained. The project passes through Supervisory Districts No. 2, 3, and 4. (C-64-15- 114-5-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 64. BUDGET ADJUSTMENT FOR FISCAL YEAR 2014-2015 TRANSPORTATION IMPROVEMENT PROGRAM Approve an amendment to the current FY2015-2019 five-year Transportation Improvement Program in the Department of Transportation (640) Transportation Capital Projects Fund (234), Year 1 (FY2014-2015) by decreasing the capital expenditure budget for the MAG ALCP Project by $2,000,000 and increasing the following projects by the same amount: Dust Mitigation (DMIT) by $800,000 Partnership Support (PSUP) by $100,000 Bridge Preservation (BRIG) by $200,000 And Right-of-way (RWAY) by $900,000. For fiscal year 2014-2015 the Board of Supervisors approved the Department of Transportation capital budget of $82,578,500 with the condition that any movement of budget funds between projects must be approved by the Board. The requested adjustment is necessary to realign project budgets to provide funding to match the year-end projected expenditures. These adjustments result in a net impact of zero and do not change the total budget as approved by the Board of Supervisors. Supervisor Districts No. 1, 2, 3, 4, and 5 (C-64-15-106-M-00) Blue Crowley, resident, commented on the integrity of the County’s bridges and the need for bridge preservation. Formal Meeting Minutes Wednesday, May 20, 2015 Page 30 of 56 Diane Barker, resident, commented on dust reduction and air quality compliance. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 65. 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-06-15-467-7-00) a. D22929-1 Project #: TT410 – 121st Avenue (beginning of Maintenance to (KP) Southern Avenue) –Temporary Construction Easement and Agreement for highway purposes – Assessor’s Parcel #: 500-69-060, -067, -068A Albert Bevins for the sum of $1,500.00. b. D23004, Project #: TT433 – Montgomery Road (171st Avenue to 163rd Ave.) – 005, 006 & Roadway Easement – Assessor’s Parcel #’s: 503-51-004X, -004Q, - 007 (KR) 005Y, -093P - US Department of the Interior – Bureau of Reclamation Central Arizona Project fees waived. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 66. REAPPOINTMENT TO THE SELF-INSURED BENEFITS TRUST FUND, BOARD OF TRUSTEES Approve the reappointment of Brad Arnett to the Self-Insured Benefits Trust Fund, Board of Trustees representing Supervisorial District 2. The term of the appointment will be from the date of Board approval through April 25, 2019. (C-06-15-461-7-00) Motion to approve by Supervisor Barney, 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, amenos que de otromodo notado~ Environmental Services 67. PROPOSED REVISIONS TO CHAPTER I OF THE MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE - ES-2015-002/MICRO MARKET FEES Pursuant to A.R.S. §A.R.S. § 11-251.05, A.R.S. § 11-251.08 and A.R.S. §36-184(B)(5), set Formal Meeting Minutes Wednesday, May 20, 2015 Page 31 of 56 a public hearing for July 22, 2015 to solicit comments and consider the adoption of proposed revisions to MCEHC Chapter I (EROP Case ES-2015-002/Micro Market Fees). Upon Board approval, this item will become effective 07/22/2015. The Maricopa County Board of Health (BOH) reviewed and discussed proposed revisions to MCEHC Chapter I (EROP Case ES-2015-002/Micro Market Fees) at a public meeting held at 3:00 p.m. on Monday, April 27, 2015, at the Board of Supervisors Conference Room, 301 West Jefferson Avenue, 10th Floor, Phoenix, Arizona 85003. The Report to the BOH outlines proposed revisions to the MCEHC and is accessible at https://www.maricopa.gov/regulations/es/pdf/meetings/ES-2015-002_4-27-15_SR.pdf. The proposed revision to MCEHC Chapter I (EROP Case ES-2015-002/Micro Market Fees) establishes fees specific to micro market vending operations. The new fees reflect the cost for initial permitting and annual routine inspections. The changes reduce the current startup cost of up to $850 per location to $425 (or less when the business utilizes a prior approved Maricopa County Environmental Services Department Reference Plan). The vending industry requested new fees be developed specific to Micro Markets. (C-88-15- 011-6-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo ~ Chairman Chucri recused himself from the following item for a conflict of interest, passed the gavel to Vice Chairman Hickman and left the room ~ 68. PROPOSED REVISIONS TO CHAPTERS I AND VIII OF THE MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE Pursuant to A.R.S. §11-251.05 and A.R.S 36-184(B)(5), set a public hearing for June 10, 2015 to solicit comments and consider the adoption of proposed revisions to MCEHC Chapters I and VIII (EROP Case ES-2015-001/30 Day Transition. Upon Board approval, this item will become effective June 10, 2015. The Maricopa County Board of Health (BOH) reviewed and discussed proposed revisions to MCEHC Chapters I and VIII (EROP Case ES-2015-001/30 Day Transition) at a public meeting held at 3:00 p.m. on Monday, April 27, 2015, at the Board of Supervisors Conference Room, 301 West Jefferson Avenue, 10th Floor, Phoenix, Arizona 85003. The Report to the BOH outlines proposed revisions to the MCEHC and is accessible at https://www.maricopa.gov/regulations/es/pdf/meetings/ES-2015-001_4-27-15_SR.pdf. The proposed revision to MCEHC Chapters I and VIII will allow new owners of existing food establishments to remain in business for up to 30 days while the permit application review is in progress. (C-88-15-010-6-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Barney Ayes: Hickman, Barney, Kunasek, Gallardo Recused: Chucri ~ Chairman Chucri returned to the meeting and retrieved the gavel ~ Planning and Development - Planificación y Desarrollo 69. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the June 10, 2015 Board Meeting: (C-44- Formal Meeting Minutes Wednesday, May 20, 2015 Page 32 of 56 15-078-M-00) Z2014094 – T-Mobile Pierce Property WCF – Special Use Permit – Dist. 1 Z2014098 – Anthem Senior Living – Special Use Permit – Dist. 3 TA2014001 – Wireless Communication Facilities – Text Amendment – All Districts TA2015001 – Amateur Radio Antennas - Text Amendment - All Districts TA2015002 – Restaurants & Cafes - Text Amendment - All Districts TA2015003 – Temporary Uses – Text Amendment - All Districts Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Transportation – Transportación 70. ROAD FILE NO. 5905 Set a hearing for June 24, 2015 for Road File No. 5905 to Open and Declare the following described alignments into the County Transportation System. (General Vicinity of Missouri Avenue and 135th Avenue and known as Dreaming Summit Unit 3B. Supervisor District No. 4) (C-64-15-108-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 71. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0013 Set a hearing for July 22, 2015 for Road File No. PAB-0013 to Abandon a portion of a Federal Patent Easement Number 1187964, lying in the Northeast quarter of Section 13 – T1N, R7E, 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 Brown Road and Meridian Road and known as Assessor Parcel 220-08-011B. 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. (C-64-15-107-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 72. APPOINTMENTS Approve the Official Appointment of Amy Goodloe as Limited Duty Special Deputy Clerk. (C-06-15-451-7-00) Formal Meeting Minutes Wednesday, May 20, 2015 Page 33 of 56 Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 73. 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-06-15-443-7-00) Name Warrant No Amount Heather Drake 22272724 2,324.25 West Valley Rock 450067454 2,694.68 Katie Cannon 450067138 2,500.00 Alissa B. Serrano 150014288 31.60 Cynthia Sampson 98598328 179.30 AZ Diamondbacks 440093552 679.00 Rick J. Inman 150072373 297.33 Kristina Hammond 450076026 112.14 Kenneth Fox 150024244 983.80 Kenneth Fox 150028016 983.81 Kenneth Fox 150059199 1,163.95 Annette Moreno 450078235 239.79 Kelly Temporary Services 450060844 420.42 Carmen Whitehead 450063394 36.00 Robert Weier 450067354 150.00 Lu Reddin 450075955 13,939.53 Trina A. Harp 22275985 752.04 Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 74. HEAD START MONTHLY REPORT Receive the Head Start monthly report for March 2015 submitted by the Human Services Department. (C-06-15-432-7-00) FINANCIAL STATEMENTS: Total Monthly Exependitures - $2,292,074 Percent of Budget Expended Ytd - 73% PROGRAM INFORMATION: Number of Referrals to Targeted Community Services in Month - 1,083 Number of Children with Disabilities Served Ytd - 262 PROGRAM ENROLLMENT REPORT Number of Enrollment Turnover in Month - 14 Total Number of Children on Waitlist - 844 Formal Meeting Minutes Wednesday, May 20, 2015 Page 34 of 56 REPORTS OF MEALS AND SNACKS: Number of Meals Served in Month - 52,795 Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 75. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held March 23, 2015; March 25, 2015; and April 20, 2015. (C-06-15- 454-7-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 76. 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-06-15-463-7-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 77. PROPERTY RE-CLASSIFICATION APPEALS - FOR APPROVAL Pursuant to A.R.S. §42-12052, approve the property owner's appeal to re-classify property, which has satisfied the requirements of occupancy status, and re-classify the property to class three properties (owner occupied). Direct the County Assessor to re-classify the property to class three (owner occupied), pursuant to A.R.S. §42-12003. (C-06-15-452-M- 00) 101-26-548 141-52-023 173-25-621 201-39-535 232-24-251 304-96-470 101-30-302 141-53-645 173-30-111 203-01-608 232-26-262 305-07-671 102-16-550 141-61-052 173-30-395 203-07-042 232-26-287 306-22-482 102-22-121 141-62-478 173-33-817 203-27-482 232-26-586 307-05-099 103-14-039 142-01-046 173-72-069 204-01-283 232-26-684 308-03-164 103-48-149 142-11-387 173-78-083 204-12-578 232-29-303 308-15-162 104-55-185 142-51-095 174-25-011 205-12-172 232-32-199 309-19-546 105-46-211 142-63-104 175-02-073 207-10-055 232-36-292 310-02-051 105-97-057 142-72-269 175-18-031 208-16-122 232-39-239 310-02-462 110-17-132 142-75-158 175-58-460 208-17-564 232-39-557 310-05-598 111-32-067A 142-85-039 175-58-560 208-27-149 232-44-578 310-06-317 111-34-132 142-86-027 176-02-409 211-40-140 232-46-343 310-07-307 113-02-116 143-05-728 176-08-790 211-60-519 300-17-044 310-07-509 117-09-086 143-06-448 176-17-491 212-05-016 300-17-237 312-03-111 Formal Meeting Minutes Wednesday, May 20, 2015 Page 35 of 56 120-06-094 144-24-141 176-17-666 212-05-131 301-40-205 312-04-405 120-08-004 144-25-085 176-18-793 212-38-123 301-41-037 312-04-460 120-16-137 144-56-021 176-24-191 212-38-658 301-47-321 312-08-036 120-35-044A 145-01-379 177-02-157 214-06-119 301-56-283 314-06-896 121-63-102 147-05-032 200-05-279 214-32-450 302-07-643 400-35-151 123-19-172 148-04-255 200-12-030 214-47-145 302-30-424 400-35-181 124-62-111 148-28-058 200-15-092 214-49-126 302-79-638 400-58-284 127-11-067 148-29-125 200-15-826 214-55-109 302-81-265 501-15-866 127-29-065 149-48-026 200-17-273 215-08-010 302-83-448 501-25-314 128-25-075 149-50-070 200-21-392 215-25-001Y 302-84-897 501-69-280 129-24-009 150-05-126 220-22-193 215-70-222 302-88-479 501-77-478 129-32-050 150-13-301 200-29-731 216-73-275 302-93-041 501-77-640 130-45-047 157-05-039 200-33-198 217-02-374 303-25-634 501-88-412 131-31-070 158-07-075 200-38-168 217-32-075 303-40-415 502-09-745 132-09-083 159-02-631 200-38-460 217-33-609 303-43-377 502-43-454 132-71-073 159-43-162 200-42-608 217-47-594 303-52-588 502-44-601 133-28-299A 161-29-055 200-45-009E 218-02-055 303-52-825 502-50-032E 133-28-336 164-15-098 200-58-456 218-25-034 303-54-033X 502-64-139 133-34-625 164-31-059 200-59-033 218-55-101 303-60-472 502-78-597 133-37-082 165-13-084 200-83-420 219-32-348 303-73-788 502-84-795 134-39-011 166-01-864 200-89-182 219-32-377 303-77-498 503-85-780 135-14-104 166-05-307 200-91-411 219-32-648 303-78-943 503-86-476F 135-33-022 166-32-012 200-93-215 220-17-119 304-01-093 503-88-523 136-24-023 166-32-033 200-94-736 220-45-015B 304-08-396 503-96-696 137-20-105 168-65-007 200-95-225 220-70-796 304-27-118 504-04-152 139-26-109 169-04-027 201-03-961 220-81-104 304-33-946 504-07-488 140-15-391 170-30-110 201-07-452 230-02-046 304-39-548 504-40-209 140-16-032 172-28-015A 201-14-345 231-13-297 304-57-078 504-57-062 140-24-563 173-13-052 201-14-454 231-13-677 304-78-360 505-47-138 140-34-640 173-19-033 201-17-642 231-22-419 304-81-363 507-07-337 140-46-443 173-25-137 201-34-489 232-12-107 304-83-270 509-09-966 Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo 78. 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-06-15-462-7-00) 2013: TX2012-000797 2014: TX2014-000367 Motion to approve by Supervisor Kunasek, seconded by Supervisor Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, May 20, 2015 Page 36 of 56 BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES Transportation A-1. CITY OF PEORIA V. WESTOVER TRUSTEES AND COUNTY OF MARICOPA, CV2015- 005848 Authorize the County Attorney's office to disclaim any interest in the property at issue in this quiet title action, City of Peoria v. Lewis M. Westover and Diana M. Westover, as Trustees of the Lewis and Diana Westover Estate Trust dated November 4, 1991; and County of Maricopa, CV2015-005848. This matter was discussed in Executive Session on May 18, 2015. (C-64-15-115-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo A-2. MARICOPA COUNTY V. ROGER A. JONES, CV2012-018311 Authorize counsel to settle the condemnation action, Maricopa County v. Roger A. Jones, CV2012-018311, in the amount of $63,050, plus statutory interest, as discussed in Executive Session on May 18, 2015. (C-64-15-116-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Human Services A-3. DEVELOPER AGREEMENT BETWEEN MARICOPA COUNTY AND MADISON HEIGHTS PHASE I, LLC Approve a financial Developer Agreement between Madison Heights Phase I, LLC, an Arizona Limited Liability Company, and Maricopa County administered by its Human Services Department, in the not-to-exceed amount of $320,000. The purpose of this Agreement is to provide a loan of HOME Investment Partnerships Program (HOME) funds for the acquisition and development of a seventy-seven (77) unit rental project. No less than four (4) units (consisting of one (1) one-bedroom, two (2) two- bedroom, and one (1) three-bedroom) must be designated as Maricopa County HOME- Assisted units, which are reserved for households earning no more than 50% of the area median income. In addition, the designated Maricopa County HOME-Assisted units' rents must be no greater than the Home Investment Partnerships Program (HOME) rent amount and the Low Income Housing Tax Credit (LIHTC ) rent limit, which is adjusted for a tenant- paid utility. The contract is effective May 20, 2015 and shall expire 20 years from the date of completion or on December 31, 2037, whichever is later. The project is known as Madison Heights Phase I and is located at 1110 N. Dysart Road, Avondale, Arizona 85323-1652. This project is part of a two phase project that includes permanent rental housing using Low Income Housing Tax Credits (LIHTC), which is supported by housing vouchers from an approved Rental Assistance Demonstration Grant Formal Meeting Minutes Wednesday, May 20, 2015 Page 37 of 56 through the Housing Authority of Maricopa County. This Contract is funded through the Program Year 2014 (Fiscal Year 14-15) Maricopa County HOME Consortium Annual Action Plan (C-22-14-063-3-00), approved by the Board of Supervisors on May 7, 2014. Maricopa County is the lead agency for the Maricopa HOME Investment Partnerships Program. (C-22-15-062-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo A-4. DEVELOPER AGREEMENT BETWEEN MARICOPA COUNTY AND MADISON HEIGHTS PHASE II, LLC Approve the developer agreement between Madison Heights Phase II, an Arizona Limited Liability Company, and Maricopa County through its Human Services Department, in the not-to-exceed amount of $200,000. The purpose of this Agreement is to provide a loan of HOME Investment Partnerships Program (HOME) funds for the acquisition and development of a sixty-six (66) unit rental project. No less than three (3) units (consisting of two (2) one-bedroom and one (1) three- bedroom) must be designated as Maricopa County HOME-Assisted units, which are reserved for households earning no more than 50% of the area median income. In addition, the designated Maricopa County HOME-Assisted units' rents must be no greater than the HOME Investment Partnerships Program (HOME) rent amount and the Low Income Housing Tax Credit (LIHTC ) rent limit, which is adjusted for a tenant-paid utility. The contract is effective May 20, 2015 and shall expire 20 years from the date of completion or on December 31, 2037, whichever is later. The project is known as Madison Heights Phase II and is located at 1110 North Dysart Road, Avondale, Arizona 85323-1652. This project is part of a two phase project that includes permanent rental housing using Low Income Housing Tax Credits (LIHTC), which is supported by housing vouchers from an approved Rental Assistance Demonstration Grant through the Housing Authority of Maricopa County. This Contract is funded through the Program Year 2014 (FY 2014-2015) Maricopa County HOME Consortium Annual Action Plan (C-22-14-063-3-00), approved by the Board of Supervisors on May 7, 2014. Maricopa County is the lead agency for the Maricopa HOME Investment Partnerships Program. (C-22-15-061-3-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo MEETING RECESSED Chairman Chucri recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Formal Meeting Minutes Wednesday, May 20, 2015 Page 38 of 56 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 79. 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.) Dennis Andrew Ball, representing the Estate of Eleanor Ball, notified the board members of a complaint he filed against Maricopa County and the Board of Supervisors and provided copies to each of the Board Members. Ed Bufford, resident, commented on the work of Maricopa County Animal Care and Control (MCACC) and the Citizens for Pets Task Force. He recalled a conversation he had with MCACC staff regarding the cost of euthanizing versus adoption. He stated the County needs to increase adoption demand through marketing so that the shelters do not chose to euthanize animals. Luis Schmidt, resident, commented on item #34 regarding the revisions to the Employee Merit System Resolution. He cautioned the Board to exercise due diligence against cronyism and to keep politics out of employment. Diane Barker, resident, made comments about Open Meeting Law and when the Board Members are allowed to engage with members of the public during meetings. She expressed her concerns about Open Meeting Law compliance with Maricopa Association of Governments and thanked the Board Members for the work they do for the County and its residents. Blue Crowley, resident, handed the Board a copy of an article published in the Phoenix New Times titled, “Full Circle.” He discussed the County’s role in Prop 400 in establishing rural routes where routes needed. He stated that the job of the County government includes addressing transportation needs. 80. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Gallardo thanked Flood Control District Director William Wiley for his work and involvement at a recent meeting held in Laveen. Mr. Wiley was present to answer questions at a joint forum with the City of Phoenix and Flood Control District. He also stated that the season ended for his District’s baseball team and showed a picture of the Formal Meeting Minutes Wednesday, May 20, 2015 Page 39 of 56 team to the Board Members. He said it was a fun season and he enjoyed working with the kids. He thanked his staff for their help in coaching. which had a joint forum with the City of Phoenix and the Flood Control District was there to answer questions. He also stated that the season ended for his District’s baseball team and there were closing ceremonies on Saturday. He showed a picture of his baseball team to the Board Members and said it was a fun season and he enjoyed working with the kids on his team. He thanked his staff for their help in coaching the team. Supervisor Hickman thanked Helen Purcell, Recorder; Tom Manos, County Manager; Joy Rich, Deputy County Manager; and Cynthia Kolaczynski, County Librarian, for inviting him to reintroduce the Kiosk in Surprise, which has two new services available for Air Quality and Environmental Services. He stated that one year before being appointed to the Board of Supervisors, he was elected to be an Honorary Commander of the 69th Fighter Squadron at Luke Air Force Base and played a video of his recent visit to the base. Supervisor Kunasek expressed his condolences on the passing of Dave Browning and commented on the great work he did for the County and its residents. Tom Manos, County Manager, and Chairman Chucri welcomed the new Communications Director for Maricopa County, Fields Mosley. Chairman Chucri thanked everyone involved in the revisions made to the Employee Merit System Resolution and the staff involved in the Fiscal Year 2016 budget. He also commented on the Greater Phoenix Economic Council delegation in Washington D.C. that he attended with Supervisor Barney to discuss economic development. 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, May 20, 2015 Page 40 of 56 IMPROVEMENT DISTRICTS AGENDA AGENDA DE DISTRITO DE MEJORAMIENTO The Board of Directors of the K91 Queen Creek Domestic Water Improvement District and K109 Plymouth Street Improvement District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, May 20, 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; Lane Organ, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. I-1. CALLABLE FEATURE OF IMPROVEMENT DISTRICT BONDS K91 QUEEN CREEK DOMESTIC WATER IMPROVEMENT DISTRICT Approve calling of bonds issued by the K91, Queen Creek Domestic Water District (District 1) in accordance with the procedures set out in A.R.S. §48-986. Property owners have pre-paid their property assessments to the District as allowed by A.R.S. §48-985. The pre-payments require the calling of bonds by the District Treasurer in accordance with A.R.S. §48-986. (C-64-15-112-7-00) Motion to approve by Director Barney, seconded by Director Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo I-2. CALLABLE FEATURE OF IMPROVEMENT DISTRICT BONDS K109 PLYMOUTH STREET IMPROVEMENT DISTRICT Approve calling of bonds issued by the K109, Plymouth Street Improvement District (District 2) in accordance with the procedures set out in A.R.S. §48-986. Property owners have pre-paid their property assessments to the District as allowed by A.R.S. §48-985. The pre-payments require the calling of bonds by the District Treasurer in Formal Meeting Minutes Wednesday, May 20, 2015 Page 41 of 56 accordance with A.R.S. §48-986. (C-64-15-113-7-00) Motion to approve by Director Barney, 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 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, May 20, 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; Lane Organ, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. NOTE: Agenda item F-5 was taken out of order and heard prior to item 6 of the Board of Supervisors agenda and before all other Flood Control items. F-5. IGA WITH THE TOWN OF GILBERT FOR THE RECREATIONAL USE OF THE CHANDLER HEIGHTS BASIN Approve Intergovernmental Agreement (IGA) FCD 2015A005 between the Flood Control District of Maricopa County (District) and Town of Gilbert (Gilbert) for the conveyance of an easement to Gilbert for the implementation and maintenance by Gilbert of multi-use and recreational activities within the District’s Chandler Heights Basin, located south of Queen Creek Road and west of Higley Road. All costs shall be borne by Gilbert. There is no cost to the District. The District has acquired the land rights for the Chandler Heights Basin (Basin), 211+ acres. The District has completed the design of the Basin which captures flows from Queen Creek Wash and Sonoqui Wash. The Basin is partially constructed by the District, with the balance of the construction by the District estimated to occur in five years or more. The Basin is a recommended component of the East Maricopa Floodway Capacity Mitigation and Multi-Use Corridor Study (Study), which was adopted by Board Resolution FCD 2001R006. The Study recommends that the Basin be constructed as a multi-use facility with active recreational enhancements. By Resolution FCD 2001R006, the Board resolved to authorize and direct the Chief Engineer and General Manger of the District to negotiate and prepare agreements with other governmental agencies for approval by the Board to implement the multi-use Formal Meeting Minutes Wednesday, May 20, 2015 Page 42 of 56 components of the Basin. The IGA shall become effective when recorded at the office of the County Recorder and shall expire in twenty-five (25) years; however, a separately recorded perpetual easement grant shall survive expiration of the IGA. This Agenda Item impacts Supervisorial District 1 (C-69-15-054-3-00) Chairman Chucri welcomed Gilbert Mayor John Lewis and Councilmember Eddie Cook. Director Barney briefly commented on the Intergovernmental Agreement (IGA) between the Town of Gilbert and the Flood Control District and its positive impact to the community. He thanked and recognized Mayor Lewis, Councilmember Cook, County Manager Tom Manos, Gilbert Town Manager Patrick Banger, the Town of Gilbert, Director William Wiley of the Flood Control District, Deputy County Manager Joy Rich, and everyone involved for their work. Mayor Lewis and Councilmember Cook expressed their appreciation to the County leaders, stating that the agreement was a team effort. The end result will be positive for all Maricopa County and Gilbert residents. Mayor Lewis recognized Councilmember Cook who came up with the idea, and added that it was great to partner with the County and community. Director Barney noted that the area is currently underserved with respect to some of the park elements, and will become larger in size than Freestone Park, Discovery Park and Crossroads Park combined making it an amenity for many communities. He added that there is a similar project being worked on and feels this is a great way to move these projects forward. Motion to approve by Director Barney, seconded by Director Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-1. DONATION OF SANDBAGS Approve and accept a donation of 25 pallets of sandbags (approximately 2500 sandbags), from Vulcan Materials Company for use by the Flood Control District of Maricopa County (District). The District intends you use the sandbags during future flood events. The sandbags may be made available to the public in areas identified as being prone to flooding prior to a storm event. (C-69-15-052-D-00) Motion to approve by Director Hickman, seconded by Director Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-2. NON-MOTORIZED RECREATION TRAIL EASEMENT WITH MARICOPA COUNTY PARKS AND RECREATION Accept and sign Non-Motorized Recreation Trail Easement between Flood Control District of Maricopa County and Maricopa County Parks and Recreation. This Easement is being issued according to an IGA between both parties. The parcel is located: 1. On northwest corner of Indian School Road and 195th Ave in Buckeye, AZ 2. Assessor Parcel Number 502-28-563A, 502-28-563A, 502-77-748A, .91 +/- acres or 39,750.15 +/- sq. ft. Formal Meeting Minutes Wednesday, May 20, 2015 Page 43 of 56 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 No. 4. (C-69-15-047-8-00) Motion to approve by Director Hickman, seconded by Director Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-3. CONTRACT WITH QUALITY TESTING, LLC FOR VINEYARD ROAD FLOOD RETARDING STRUCTURE REHABILITATION QUALITY ASSURANCE SERVICES Approve a Consultant Contract in the amount of $3,000,000.00, with Quality Testing, LLC, to provide On-Call Quality Assurance Management & Testing as well as Construction Management Services for the construction of the Vineyard FRS Rehabilitation Project. The Contract will be effective for 4 calendar years with a 1 year optional extension from the date of execution or the expenditure of $3,000,000.00, whichever comes first. Quality Testing, LLC is the selected firm to provide Quality Assurance Management & Testing Services as well as Construction Management Services under this Contract for the Vineyard FRS Rehabilitation Project. This is common practice on federally funded Projects as an exceptional high standard of QA & CM Services is required. This Agenda Item impacts Supervisorial District 1. (C-69-15-048-5-00) Motion to approve by Director Hickman, seconded by Director Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-4. IGA WITH THE TOWN OF GILBERT FOR THE COLDWATER BOULEVARD CHANNEL DRAINAGE PROJECT FROM TUCANA LANE TO CLAIBORNE AVENUE Approve Intergovernmental Agreement (IGA) FCD 2014A018 for the Coldwater Boulevard Channel Drainage Project from Tucana Lane to Claiborne Avenue (Project [#699]) between the Town of Gilbert (Town) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $60,000. The District’s estimated share of the Project cost is $45,000 and is limited to $250,000; the Town’s estimated share of the Project cost is $15,000. The Town will operate and maintain the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. The Town proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2015/16. The Project was recommended, scoring 5th among 17 submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003A (C-69-09-062-6-01). The Project will reduce flows that have caused documented historic flooding to one residential property and will reduce flows that have caused roadway or access closures in the vicinity of the Project. This Agenda Item impacts Supervisorial District 1. (C-69-15-050-3- 00) Motion to approve by Director Hickman, seconded by Director Kunasek Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Agenda item F-5 was taken out of order and heard prior to item 6 of the Board of Supervisors agenda and before all other Flood Control items. Formal Meeting Minutes Wednesday, May 20, 2015 Page 44 of 56 F-5. IGA WITH THE TOWN OF GILBERT FOR THE RECREATIONAL USE OF THE CHANDLER HEIGHTS BASIN Approve Intergovernmental Agreement (IGA) FCD 2015A005 between the Flood Control District of Maricopa County (District) and Town of Gilbert (Gilbert) for the conveyance of an easement to Gilbert for the implementation and maintenance by Gilbert of multi-use and recreational activities within the District’s Chandler Heights Basin, located south of Queen Creek Road and west of Higley Road. All costs shall be borne by Gilbert. There is no cost to the District. The District has acquired the land rights for the Chandler Heights Basin (Basin), 211+ acres. The District has completed the design of the Basin which captures flows from Queen Creek Wash and Sonoqui Wash. The Basin is partially constructed by the District, with the balance of the construction by the District estimated to occur in five years or more. The Basin is a recommended component of the East Maricopa Floodway Capacity Mitigation and Multi-Use Corridor Study (Study), which was adopted by Board Resolution FCD 2001R006. The Study recommends that the Basin be constructed as a multi-use facility with active recreational enhancements. By Resolution FCD 2001R006, the Board resolved to authorize and direct the Chief Engineer and General Manger of the District to negotiate and prepare agreements with other governmental agencies for approval by the Board to implement the multi-use components of the Basin. The IGA shall become effective when recorded at the office of the County Recorder and shall expire in twenty-five (25) years; however, a separately recorded perpetual easement grant shall survive expiration of the IGA. This Agenda Item impacts Supervisorial District 1 (C-69-15-054-3-00) F-6. IGA WITH CITY OF PHOENIX FOR THE 16TH PLACE & VIOLET DRIVE STORM DRAIN IMPROVEMENT PROJECT Approve Intergovernmental Agreement (IGA) FCD 2014A024 for the 16th Place and Violet Drive Storm Drain Improvement Project (Project [#699]) between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $500,000. The District’s estimated share of the Project cost is $250,000 and is limited to $250,000; the City’s estimated share of the Project cost is $250,000. The City will operate and maintain the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2015/16. The Project was recommended, scoring 1st among 17 submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003A (C-69-09-062-6-01). The Project will reduce flows that have caused documented historic flooding of three residential properties and will reduce flows that have caused roadway or access closures in the vicinity of the Project. This Agenda Item impacts Supervisorial District 5. (C-69-15-051-3- 00) Motion to approve by Director Kunasek, seconded by Director Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-7. IGA WITH CITY OF PHOENIX FOR THE PURCHASE, INSTALLATION & MAINTENANCE OF AUTOMATED FLOOD WARNING STATIONS Approve Intergovernmental Agreement (IGA) FCD 2014A017 to purchase, install and Formal Meeting Minutes Wednesday, May 20, 2015 Page 45 of 56 maintain sixteen (16) additional automated flood warning stations for joint use between the Flood Control District of Maricopa County (District) and City of Phoenix (City). The IGA is funded by the District through secondary property tax monies and by the City through its General Fund monies. The estimated cost of this program to the District is $153,556.00 for the procurement, design, installation and first year maintenance of the flood warning components and associated electronics. The purchase price of the equipment, estimated to be $133,556.00, will be reimbursed by the City. Installation of flood warning assemblies at additional locations in the future would require budgeting of additional funds toward the IGA by the City. The District and City have in the past shared funding of flood warning stations using a Dam Safety IGA. In that IGA eight (8) City dams were outfitted for automated monitoring. As in this proposed IGA, the City paid for the initial equipment, with the District providing installation, maintenance and data access. This Agenda Item impacts Supervisorial Districts 3 and 5. (C-69-15-055-3-00) Motion to approve by Director Kunasek, seconded by Director Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-8. SET A PUBLIC HEARING FOR THE ADOPTION OF THE 2015 COMPREHENSIVE FLOODPLAIN MANAGEMENT PLAN AND PROGRAM Pursuant to A.R.S. §48-3616 B, set a public hearing for June 10, 2015 to solicit comments and consider the adoption of Resolution 2015R002, Comprehensive Report and Program – 2015. Upon Board approval, this item will become effective June 10, 2015. Arizona Revised Statute Section 48-3616 states that a report "shall be prepared at least every five years beginning in 1985 and shall indicate the past efforts of the district in eliminating or minimizing flood control problems and state the planned future work of the district to eliminate or minimize flood control problems." This report requirement is in addition to the Annual Capital Improvement Program. (C-69-15-053-6-00) Motion to approve by Director Kunasek, seconded by Director Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-9. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements and right-of-way acquisition documents, appraisal and relocation assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements, excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood Control purposes. (C-06-15-466-7-00) a. Sonoqui Wash Channelization Phase III – (Per Resolution FCD 2001R001) – RS Project #: 480.04.34 – Assessor’s Parcel #: 304-91-113B – Agreement for Compensation of Property from the Flood Control District of Maricopa County to Tina D. Balsewicz for the sum of $6,787.50. b. Skunk Creek Levee #2 – (Per Resolution FCD 2013R002) – GL Project #: 361.01.30 – Assessor’s Parcel #: 205-04-001B – Warranty Deed from the Flood Control District of Maricopa County to HR Happy Valley, LLC for the sum of $15,010.00. c. Skunk Creek Levee #2 – (Per Resolution FCD 2013R002) - GL Project #: 361.01.30 – Assessor’s Parcel #: 205-04-001B – Purchase Agreement Formal Meeting Minutes Wednesday, May 20, 2015 Page 46 of 56 and Escrow Instructions from the Flood Control District of Maricopa County to HR Happy Valley, LLC. Motion to approve by Director Kunasek, seconded by Director Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo F-10. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meeting held March 25, 2015. (C-06-15-455-7-00) Motion to approve by Director Kunasek, seconded by Director Gallardo Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo FLOOD CONTROL DISTRICT ADDENDUM ADÉNDUM DE DISTRITO DE CONTROL DE INUNDACIONES NOTE: Item FA-1 was taken out of order and considered concurrently with item 34 of Board of Supervisor’s agenda. FA-1. REVISIONS TO POLICY HR2406 Approve changes to Human Resources Policy HR2406, reflecting changes in the Employee Merit System Resolution. (C-31-15-037-6-00) MaryEllen Sheppard, Assistant County Manager, provided a summary of the substantive changes to the Employee Merit System Resolution, noting that the changes will not impact the employees covered by the Law Enforcement Merit System or the Judicial Branch. In addition, the changes will not impact the classified status of County employees in their current positions. Director Gallardo asked for clarification on how Law Enforcement is covered compared to County employees that are covered by the Merit System Resolution. Ms. Sheppard responded that Deputy Sheriffs and other Law Enforcement Officers are covered under the Law Enforcement Merit System, with the exception of Detention Officers who are covered under the Employee Merit System. There are significant provisions in state statutes that govern the disciplinary and appeals process. Ms. Sheppard explained that the Law Enforcement Merit System is separate from the Employee Merit System and has separate statutes and separate rules and provisions. She added that the Board does not have the same authority related to the Law Enforcement Merit System as it does for the Employee Merit System. Director Gallardo asked about the impact of Policy HR2406. Ms. Sheppard stated that the policy HR2406 is being revised consistent with Section 17 of the Employee Merit System Resolution. Director Kunasek asked about the Board of Supervisors’ authority to determine who is covered by the Employee Merit System and if other elected officials have the same authority. Ms. Sheppard explained that Arizona Revised Statute (ARS) 11-352 gave the Board authority to determine which positions will be at-will. This is separate from ARS 38- 101 which deals with employees covered under the Law Enforcement Merit System. She stated that her understanding is that the intent of the Board is to make those determinations in conjunction with the input of other elected officials. Ms. Sheppard Formal Meeting Minutes Wednesday, May 20, 2015 Page 47 of 56 advised that the Board does not have the authority to change the status of Deputy Sheriffs, and has limited authority with respect to the Detention Officers. She also explained that other elected officials do not have the authority to independently designate positions as at-will. Director Kunasek expressed his concern about the possibility of a patronage system and asked how the County can prevent this type of problem. Ms. Sheppard explained that the Merit Principles will remain in place and guide the new rules. Ms. Sheppard stated that because the Board has elected to continue a Merit System, the Board Members are given the discretion to decide which positions will be changed from classified to at-will status. She confirmed that uncovered employees cannot file appeals with the Merit Commission, and those would be policy decisions that will need to be made going forward and will be brought back to the Board for final determination. Director Gallardo commented that he would like at-will employees to have some due process rights put in place, and would like to be involved during the drafting and discussion of the new rules. Director Barney agreed with Supervisor Kunasek and Supervisor Gallardo that going forward the provisions need to be very protective and prescriptive regarding due process. He expressed his support and excitement for the revisions and direction the County is moving to create a more dynamic and engaged way of delivering services. He recognized Chairman Chucri, MaryEllen Sheppard and staff for their involvement in the process, and added that this is a positive outgrowth of the regulatory reform that the Board has worked on. Angela Hughey, representing One Community/Competitive Arizona; Reverend Brian Kemp-Schlemmer, representing City Squase Church; Josh Zaraguza, representing Human Rights Campaign; Catherine Alonzo, representing Equality Arizona; and Steve Kilar, representing ACLU of Arizona, spoke in opposition. They stated their appreciation for updating the County’s non-discrimination policy to include sexual orientation, but expressed concerns that the policy is not fully inclusive, specifically with regard to gender identity and expression. They asked the Board not to approve the proposed revisions to the Employee Merit System Resolution and work towards a more comprehensive and fully inclusive policy. Director Hickman recognized the Board Members for their work on the revisions, adding that he is comfortable with an incremental approach to these changes. He also thanked Angela Hughey for reaching out to his office and offering her perspective. He explained what the policy changes will accomplish, and noted the importance of being competitive in order to hire and retain the best employees. Chairman Chucri concurred with the comments made by Director Barney regarding the policy changes being an outgrowth of the work the Board has done. He discussed the positive impact of bringing business principles to County government, and added that this is the right start for overarching reforms to personnel reform. He stated that he understands and agrees with the concerns raised about cronyism, but also feels that some of the policies have become antiquated. He stated that this provides an opportunity to work together as a Board and with the other Maricopa County elected officials to bring a Formal Meeting Minutes Wednesday, May 20, 2015 Page 48 of 56 business mindset and principles to County government. Director Barney made brief comments about the revisions and thanked Chairman Chucri and his Chief of Staff, Page Gonzales, for their hard work. Director Kunasek read a portion of a letter he received from Competitive Arizona that states that “employees should be judged on their qualifications, experience and the job they’re doing – nothing more, nothing less.” He stated that everyone deserves protection and expressed his support of a more comprehensive and fully inclusive policy. Director Gallardo stated that “this has been an issue near and dear to my heart during my entire political career” adding that it is wrong to terminate someone because of who they are and or who they love. He discussed his personal story and decision to make statements to his colleagues at the Legislature and the public regarding his sexual orientation. He commented on the need to protect employees from discrimination against gender identity and gender expression. Director Gallardo made a motion to amend the language to Section 17 of the Merit System Resolution to include gender identity and expression. The motion died for a lack of a second. Director Gallardo stated his continued commitment to making sure the policies of Maricopa County are fully inclusive and include gender identity and gender expression. Motion to approve Board of Supervisors item 34 “a” and “b” and FA-1, LA-1, and SA-1 by Director Hickman, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo ~ Director Hickman recused himself from the following item and left the room ~ FA-2. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY V. LAKIN CATTLE COMPANY, ET AL, CV2013,007021 Approve settlement in the amount of $1,400,000, plus statutory interest in the condemnation case of Flood Control District of Maricopa County v. Lakin Cattle Company, et al, CV2013,007021 consistent with the terms of the setlltement agreement. The Board of Directors considered the matter in executive session on May 18, 2015. (C-69-15-049-S-00) Motion to approve by Director Barney, seconded by Director Gallardo Ayes: Chucri, Barney, Kunasek, Gallardo Recused: Hickman ~ Director Hickman returned to the meeting ~ MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ________________________________ Steve Chucri, Chairman of the Board ATTEST: Formal Meeting Minutes Wednesday, May 20, 2015 Page 49 of 56 __________________________________ Fran McCarroll, Clerk of the Board 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, May 20, 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; Lane Organ, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. L-1. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Library District for April 2015, for a value of $6272.53. (C-06-15-450-7-00) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo L-2. AMENDMENT TO LIBRARY ASSISTANCE PROGRAM AGREEMENT WITH TOWN OF YOUNGTOWN Approve Amendment No. 1 to Library Assistance Program between Maricopa County Library District and Town of Youngtown for the Library Assistance Program. The term of the amendment is July 1, 2015 to June 30, 2018. The amendment requires the assessed valuation allocation to be based on the primary net assessed value. (C-65-14-001-M-01) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo L-3. AMENDMENT TO LIBRARY ASSISTANCE PROGRAM AGREEMENT WITH CITY OF PEORIA Approve Amendment No. 1 to Library Assistance Program between Maricopa County Library District and City of Peoria for the Library Assistance Program. The term of the amendment is July 1, 2015 to June 30, 2018. The amendment requires the assessed valuation allocation to be based on the primary net assessed value. (C-65-14-020-M-01) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo L-4. AMENDMENT TO LIBRARY ASSISTANCE PROGRAM AGREEMENT WITH TOWN OF CAVE CREEK Approve Amendment No. 1 to Library Assistance Program between Maricopa County Library District and Cave Creek for the Library Assistance Program. The term of the amendment is July 1, 2015 to June 30, 2018. The amendment requires the assessed valuation allocation to Formal Meeting Minutes Wednesday, May 20, 2015 Page 50 of 56 be based on the primary net assessed value. (C-65-14-015-M-01) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo L-5. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District meeting held March 25, 2015. (C-06-15-456-7-00) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo LIBRARY DISTRICT ADDENDUM ADÉNDUM DEL DISTRITO DE BIBLIOTECA NOTE: Item LA-1 was taken out of order and considered concurrently with item 34 of Board of Supervisor’s agenda. LA-1. REVISIONS TO POLICY HR2406 Approve changes to Human Resources Policy HR2406, reflecting changes in the Employee Merit System Resolution. (C-31-15-037-6-00) MaryEllen Sheppard, Assistant County Manager, provided a summary of the substantive changes to the Employee Merit System Resolution, noting that the changes will not impact the employees covered by the Law Enforcement Merit System or the Judicial Branch. In addition, the changes will not impact the classified status of County employees in their current positions. Director Gallardo asked for clarification on how Law Enforcement is covered compared to County employees that are covered by the Merit System Resolution. Ms. Sheppard responded that Deputy Sheriffs and other Law Enforcement Officers are covered under the Law Enforcement Merit System, with the exception of Detention Officers who are covered under the Employee Merit System. There are significant provisions in state statutes that govern the disciplinary and appeals process. Ms. Sheppard explained that the Law Enforcement Merit System is separate from the Employee Merit System and has separate statutes and separate rules and provisions. She added that the Board does not have the same authority related to the Law Enforcement Merit System as it does for the Employee Merit System. Director Gallardo asked about the impact of Policy HR2406. Ms. Sheppard stated that the policy HR2406 is being revised consistent with Section 17 of the Employee Merit System Resolution. Director Kunasek asked about the Board of Supervisors’ authority to determine who is covered by the Employee Merit System and if other elected officials have the same authority. Ms. Sheppard explained that Arizona Revised Statute (ARS) 11-352 gave the Board authority to determine which positions will be at-will. This is separate from ARS 38- 101 which deals with employees covered under the Law Enforcement Merit System. She stated that her understanding is that the intent of the Board is to make those determinations in conjunction with the input of other elected officials. Ms. Sheppard advised that the Board does not have the authority to change the status of Deputy Sheriffs, and has limited authority with respect to the Detention Officers. She also explained that Formal Meeting Minutes Wednesday, May 20, 2015 Page 51 of 56 other elected officials do not have the authority to independently designate positions as at- will. Director Kunasek expressed his concern about the possibility of a patronage system and asked how the County can prevent this type of problem. Ms. Sheppard explained that the Merit Principles will remain in place and guide the new rules. Ms. Sheppard stated that because the Board has elected to continue a Merit System, the Board Members are given the discretion to decide which positions will be changed from classified to at-will status. She confirmed that uncovered employees cannot file appeals with the Merit Commission, and those would be policy decisions that will need to be made going forward and will be brought back to the Board for final determination. Director Gallardo commented that he would like at-will employees to have some due process rights put in place, and would like to be involved during the drafting and discussion of the new rules. Director Barney agreed with Supervisor Kunasek and Supervisor Gallardo that going forward the provisions need to be very protective and prescriptive regarding due process. He expressed his support and excitement for the revisions and direction the County is moving to create a more dynamic and engaged way of delivering services. He recognized Chairman Chucri, MaryEllen Sheppard and staff for their involvement in the process, and added that this is a positive outgrowth of the regulatory reform that the Board has worked on. Angela Hughey, representing One Community/Competitive Arizona; Reverend Brian Kemp- Schlemmer, representing City Squase Church; Josh Zaraguza, representing Human Rights Campaign; Catherine Alonzo, representing Equality Arizona; and Steve Kilar, representing ACLU of Arizona, spoke in opposition. They stated their appreciation for updating the County’s non-discrimination policy to include sexual orientation, but expressed concerns that the policy is not fully inclusive, specifically with regard to gender identity and expression. They asked the Board not to approve the proposed revisions to the Employee Merit System Resolution and work towards a more comprehensive and fully inclusive policy. Director Hickman recognized the Board Members for their work on the revisions, adding that he is comfortable with an incremental approach to these changes. He also thanked Angela Hughey for reaching out to his office and offering her perspective. He explained what the policy changes will accomplish, and noted the importance of being competitive in order to hire and retain the best employees. Chairman Chucri concurred with the comments made by Director Barney regarding the policy changes being an outgrowth of the work the Board has done. He discussed the positive impact of bringing business principles to County government, and added that this is the right start for overarching reforms to personnel reform. He stated that he understands and agrees with the concerns raised about cronyism, but also feels that some of the policies have become antiquated. He stated that this provides an opportunity to work together as a Board and with the other Maricopa County elected officials to bring a business mindset and principles to County government. Director Barney made brief comments about the revisions and thanked Chairman Chucri and his Chief of Staff, Page Gonzales, for their hard work. Director Kunasek read a portion of a letter he received from Competitive Arizona that states that “employees should be judged on their qualifications, experience and the job they’re Formal Meeting Minutes Wednesday, May 20, 2015 Page 52 of 56 doing – nothing more, nothing less.” He stated that everyone deserves protection and expressed his support of a more comprehensive and fully inclusive policy. Director Gallardo stated that “this has been an issue near and dear to my heart during my entire political career” adding that it is wrong to terminate someone because of who they are and or who they love. He discussed his personal story and decision to make statements to his colleagues at the Legislature and the public regarding his sexual orientation. He commented on the need to protect employees from discrimination against gender identity and gender expression. Director Gallardo made a motion to amend the language to Section 17 of the Merit System Resolution to include gender identity and expression. The motion died for a lack of a second. Director Gallardo stated his continued commitment to making sure the policies of Maricopa County are fully inclusive and include gender identity and gender expression. Motion to approve Board of Supervisors item 34 “a” and “b” and FA-1, LA-1, and SA-1 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, May 20, 2015 Page 53 of 56 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, May 20, 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; Lane Organ, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. S-1. APPOINTMENT TO THE ARIZONA DIAMONDBACKS FOUNDATION BOARD OF DIRECTORS Approve the appointment of Amy Cohn, who will serve as the successor to Hope Ozer, representing Supervisorial District 2 on the Arizona Diamondbacks Foundation Board of Directors. Ms. Cohn will serve the remainder of the current term, as well as the term beginning July 1, 2015 through Jun 30, 2017. (C-06-15-453-7-00) Chairman Chucri recognized and welcomed Amy Cohn and her husband, Andrew Cohn, who were in attendance. He stated that Amy Cohn’s knowledge and experience make her a great addition to the Arizona Diamondbacks Foundation Board of Directors. Motion to approve by Director Kunasek, seconded by Director Barney 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 March 25, 2015. (C-06-15-457-7-00) Motion to approve by Director Kunasek, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo STADIUM DISTRICT ADDENDUM - ADÉNDUM DEL DISTRITO DE ESTADIO NOTE: Item SA-1 was taken out of order and considered concurrently with item 34 of Board of Supervisor’s agenda. SA-1. REVISIONS TO POLICY HR2406 Approve changes to Human Resources Policy HR2406, reflecting changes in the Employee Merit System Resolution. (C-31-15-037-6-00) MaryEllen Sheppard, Assistant County Manager, provided a summary of the substantive changes to the Employee Merit System Resolution, noting that the changes will not impact the employees covered by the Law Enforcement Merit System or the Judicial Branch. In addition, the changes will not impact the classified status of County employees in their current positions. Formal Meeting Minutes Wednesday, May 20, 2015 Page 54 of 56 Director Gallardo asked for clarification on how Law Enforcement is covered compared to County employees that are covered by the Merit System Resolution. Ms. Sheppard responded that Deputy Sheriffs and other Law Enforcement Officers are covered under the Law Enforcement Merit System, with the exception of Detention Officers who are covered under the Employee Merit System. There are significant provisions in state statutes that govern the disciplinary and appeals process. Ms. Sheppard explained that the Law Enforcement Merit System is separate from the Employee Merit System and has separate statutes and separate rules and provisions. She added that the Board does not have the same authority related to the Law Enforcement Merit System as it does for the Employee Merit System. Director Gallardo asked about the impact of Policy HR2406. Ms. Sheppard stated that the policy HR2406 is being revised consistent with Section 17 of the Employee Merit System Resolution. Director Kunasek asked about the Board of Supervisors’ authority to determine who is covered by the Employee Merit System and if other elected officials have the same authority. Ms. Sheppard explained that Arizona Revised Statute (ARS) 11-352 gave the Board authority to determine which positions will be at-will. This is separate from ARS 38- 101 which deals with employees covered under the Law Enforcement Merit System. She stated that her understanding is that the intent of the Board is to make those determinations in conjunction with the input of other elected officials. Ms. Sheppard advised that the Board does not have the authority to change the status of Deputy Sheriffs, and has limited authority with respect to the Detention Officers. She also explained that other elected officials do not have the authority to independently designate positions as at-will. Director Kunasek expressed his concern about the possibility of a patronage system and asked how the County can prevent this type of problem. Ms. Sheppard explained that the Merit Principles will remain in place and guide the new rules. Ms. Sheppard stated that because the Board has elected to continue a Merit System, the Board Members are given the discretion to decide which positions will be changed from classified to at-will status. She confirmed that uncovered employees cannot file appeals with the Merit Commission, and those would be policy decisions that will need to be made going forward and will be brought back to the Board for final determination. Director Gallardo commented that he would like at-will employees to have some due process rights put in place, and would like to be involved during the drafting and discussion of the new rules. Director Barney agreed with Supervisor Kunasek and Supervisor Gallardo that going forward the provisions need to be very protective and prescriptive regarding due process. He expressed his support and excitement for the revisions and direction the County is moving to create a more dynamic and engaged way of delivering services. He recognized Chairman Chucri, MaryEllen Sheppard and staff for their involvement in the process, and added that this is a positive outgrowth of the regulatory reform that the Board has worked on. Formal Meeting Minutes Wednesday, May 20, 2015 Page 55 of 56 Angela Hughey, representing One Community/Competitive Arizona; Reverend Brian Kemp-Schlemmer, representing City Squase Church; Josh Zaraguza, representing Human Rights Campaign; Catherine Alonzo, representing Equality Arizona; and Steve Kilar, representing ACLU of Arizona, spoke in opposition. They stated their appreciation for updating the County’s non-discrimination policy to include sexual orientation, but expressed concerns that the policy is not fully inclusive, specifically with regard to gender identity and expression. They asked the Board not to approve the proposed revisions to the Employee Merit System Resolution and work towards a more comprehensive and fully inclusive policy. Director Hickman recognized the Board Members for their work on the revisions, adding that he is comfortable with an incremental approach to these changes. He also thanked Angela Hughey for reaching out to his office and offering her perspective. He explained what the policy changes will accomplish, and noted the importance of being competitive in order to hire and retain the best employees. Chairman Chucri concurred with the comments made by Director Barney regarding the policy changes being an outgrowth of the work the Board has done. He discussed the positive impact of bringing business principles to County government, and added that this is the right start for overarching reforms to personnel reform. He stated that he understands and agrees with the concerns raised about cronyism, but also feels that some of the policies have become antiquated. He stated that this provides an opportunity to work together as a Board and with the other Maricopa County elected officials to bring a business mindset and principles to County government. Director Barney made brief comments about the revisions and thanked Chairman Chucri and his Chief of Staff, Page Gonzales, for their hard work. Director Kunasek read a portion of a letter he received from Competitive Arizona that states that “employees should be judged on their qualifications, experience and the job they’re doing – nothing more, nothing less.” He stated that everyone deserves protection and expressed his support of a more comprehensive and fully inclusive policy. Director Gallardo stated that “this has been an issue near and dear to my heart during my entire political career” adding that it is wrong to terminate someone because of who they are and or who they love. He discussed his personal story and decision to make statements to his colleagues at the Legislature and the public regarding his sexual orientation. He commented on the need to protect employees from discrimination against gender identity and gender expression. Director Gallardo made a motion to amend the language to Section 17 of the Merit System Resolution to include gender identity and expression. The motion died for a lack of a second. Director Gallardo stated his continued commitment to making sure the policies of Maricopa County are fully inclusive and include gender identity and gender expression. Motion to approve Board of Supervisors item 34 “a” and “b” and FA-1, LA-1, and SA-1 by Director Hickman, seconded by Director Barney Ayes: Chucri, Hickman, Barney, Kunasek, Gallardo Formal Meeting Minutes Wednesday, May 20, 2015 Page 56 of 56 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, Official Record Keeper