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Informal Meeting Minutes Monday, September 22, 2014 Board Members Meeting Scheduled Start Time: 10:00 AM Denny Barney, Chairman, District 1 Steve Chucri, Vice Chairman, District 2 BOARD OF SUPERVISORS Andrew Kunasek, District 3 Maricopa County, Arizona Clint Hickman, District 4 (and the Boards of Directors of the Flood Control District, Marie Lopez Rogers, District 5 Library District, Stadium District, Improvement Districts, and/or Board of Deposit) 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 its residents so they can enjoy living in healthy and safe communities.” Meeting Location Supervisors' Conference Room 301 W. Jefferson, 10th Floor Phoenix, AZ 85003 BOARD OF SUPERVISORS The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Informal Session at 10:00 AM on Monday, September 22, 2014, in the Supervisors' Conference Room, 301 W. Jefferson, 10th Floor, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2 (entered late); Andrew Kunasek, District 3; Clint Hickman, District 4; Marie Lopez Rogers, District 5. Also present: Constance Copeland, Deputy Clerk of the Board; Maria Armstrong, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. ACTION Elections NOTE: Agenda item nos. 2 and 3 were taken out of order and heard prior to the Flood Control agenda item no. F-1. 2. TIE VOTE DRAWING FOR POSITION OF ELECTED PRECINCT COMMITTEEMEN Authorize the Chairman to draw the winner for the Granite Mountain precinct where a tie vote occurred for the final elected position for the office of Precinct Committeemen. A tie vote for the last position as an elected precinct committeemen exists in the Granite Mountain precinct within Maricopa County. Pursuant to A.R.S. 16-649A, if two or more candidates receive an equal number of votes for the same office, and a higher number than any other candidate, whether upon the canvass by the Secretary of State or the County Board of Supervisors, or upon recount by the court, the officer or board whose duty it is to declare the result shall determine by lot and in the presence of the candidates which candidate shall be declared elected. (C-21-15- 004-7-00) Helen Purcell, County Recorder, explained that there was a tie of 299 votes in the Granite Mountain precinct located in District 2 between Sherry Gray and Nancy Cisar for the office of Precinct Committeeman. Informal Meeting Minutes Monday, September 22, 2014 Page 2 of 8 Motion to authorize Chairman Barney to draw a name between the candidates, Sherry Gray and Nancy Cisar and declare the winner by Supervisor Hickman, seconded by Supervisor Rogers Ayes: Barney, Kunasek, Hickman, Rogers Absent: Chucri Chairman Barney drew Nancy S. Cisar’s name and declared Nancy S. Cisar to the office of Precinct Committeemen. He thanked both candidates for their willingness to serve. 3. DESIGNATION AND CANCELLATION OF MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT FIVE ELECTION AND APPOINTMENT TO OFFICE Cancel the November 4, 2014 election for governing board member in Maricopa County Community College district five (2 year term) and appoint the candidate(Alfredo Gutierrez) to serve the specified term as governing board member. The Arizona Legislature offers an alternate procedure for electing the governing board members of a Community College district as defined under Title 15 (A.R.S. § 15-1441 and 15-1442). If the total number of persons who file a nomination petition as of August 6, 2014, or write in nomination paper as of August 20, 2014, is equal to or less than the number of positions to be filled for each office to be elected at the General Election, the County Board of Supervisors is authorized to cancel the election. The Board of Supervisors is also authorized to appoint those persons who filed a nomination petition or write in nomination paper to serve as a governing board member for the respective term. A person who is appointed pursuant to this section is fully vested with the powers and duties of the offices as if elected to that office. (C-21-15-005-7-00) Helen Purcell, County Recorder, explained the process and stated that Rick Eastman had withdrawn which makes Alfredo Gutierrez the sole standing candidate. Supervisor Rogers stated that Mr. Alfredo Gutierrez has been a mentor, a great person to work with for many years, and he has brought a lot to the community. Chairman Barney stated that the Board Members are grateful for Mr. Gutierrez’s service. Motion to approve the cancellation of the election and appoint the candidate Alfredo Gutierrez by Supervisor Rogers, seconded by Supervisor Hickman Ayes: Barney, Kunasek, Hickman, Rogers Absent: Chucri RECESS Chairman Barney recessed the Open Session to convene as the Board of Directors of the Flood Control District. Informal Meeting Minutes Monday, September 22, 2014 Page 3 of 8 FLOOD CONTROL DISTRICT The Board of Directors of the Flood Control Districts of Maricopa County, Phoenix, Arizona, convened in Informal Session at 10:00 AM on Monday, September 22, 2014, in the Supervisors' Conference Room, 301 W. Jefferson, 10th Floor, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman (entered late), District 2; Andrew Kunasek, District 3; Clint Hickman, District 4; Marie Lopez Rogers, District 5. Also present: Constance Copeland, Deputy Clerk of the Board; Maria Armstrong, Minutes Coordinator; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. PRESENTATION AND ACTION F-1. RECOMMENDATIONS FROM THE AD HOC TASK FORCE FOR THE FLOOD CONTROL DISTRICT ON PROCESS IMPROVEMENTS Presentation of the final report and recommendations of the Flood Control District of Maricopa County Ad Hoc Task Force on Process Improvements. At the conclusion of the presentation, accept the final report and recommendations of the Task Force. (C-69-15-006-P-00) Bill Wiley, Chief Engineer & General Manager George Everland, Chairman, Process/Communication Subcommittee Bill Wiley, Chief Engineer and General Manager of Flood Control District, reported that Ad Hoc Task Force meetings started in April and continued until August. He thanked staff and the 22 dedicated stakeholders for helping to move the process forward. Mr. Wiley gave an overview of the subcommittees that formed and stated a total of 17 recommendations were finalized. Tom Manos noted there was great cooperation with staff and stakeholders for this opportunity to implement a process. He stated he is pleased with the results of the process. George Everland, Chairman of Process/Communication Subcommittee, explained the 12 Process and Communication Subcommittee Recommendations and noted those that have been implemented: 1. To promote the Lean Management Philosophy throughout the department by conducting several facilitated Kaizen process events with customers, staff and management on specific processes that directly impact service to citizens. (Status: Award of Contract by November 2014) 2. To implement a communication form that will help capture agreements, guidance and expectations discussed during meetings between both the participating customers and staff. (Status: Implemented) 3. To improve the communication and information available to the public on the Area Drainage Master Studies/Plans (ADMS/P): (Status: Implemented) a. Efforts should be made to notify all property owners in the area at the start of the study phase rather than wait until the planning phase. b. Incorporate the use of social media tools. c. Update website information every month. d. Provide an online executive summary for better understanding to the general public. e. To improve the quality of the images online. f. To post prominent public notice signage at locations with higher traffic areas to better alert those residents currently in the area and those that may be looking to purchase in the area of study. Informal Meeting Minutes Monday, September 22, 2014 Page 4 of 8 4. To conduct an Annual Public Forum event. (Status: Implemented) 5. To institute a monthly committee meeting, the Floodplain Stakeholder Group (FSG), that will include invitations to city representatives as well as to other groups and citizens to partner on shared interests and concerns involving the District. (Status: Implemented - first meeting was September 11, 2014 with various stakeholders) Mr. Wiley stated that there were eight to ten various stakeholders present that attended the meeting on September 11, 2014. 6. To establish an Ombudsman / Citizen Advocate position to serve as single point of contact for escalated concerns from customers being challenged by the process. (Status: October 2014 target date for recruitment and selection) Jennifer Pokorski was introduced as the Ombudsman who will field concerns, provide information, mediate conflict and investigate complaints. 7. To set standard or policy on service expectations with staff, i.e., responsiveness, follow through and ownership. (Status: Implement on July 7, 2014) 8. To create a combined grading and drainage checklist for both Planning & Development Dept. – Drainage Division and the Flood Control District. (Status: In Development – October 2014 target date) 9. To implement a timely, effective and automated customer service survey program. (Status: October 2014 target date) 10. To establish a method of tracking customer questions, inquiries or concerns that are received by phone, mail or in person. (Status: October 2014 target date) Chairman Barney asked if the customer feedback was anonymous. Mr. Wiley responded that the customer has the option to remain anonymous unless they would like to receive a response back. There was discussion regarding the customer feedback application. Mr. Wiley noted that a similar customer feedback application is currently being used for Air Quality and Control. 11. To develop a GIS tool that has greater functionality to allow users to get more data on a parcel or area rather than having to access multiple map tools. Floodplain Viewer (Status: Updated/Available) Flood Hazard Identification Studies (Status: Available September 2014) Flood Control Structures & Property (Status: Available November 2014) 12. To incorporate teleconferencing tools to offer another form of communication channel between customers and staff. (Status: September 2014 target date) Supervisor Chucri entered the meeting Mr. Everland explained the five Regulatory Review Subcommittee Recommendations. He asked that the Board Members consider the recommendations, accept the report submitted by the Ad Hoc Task Force and provide guidance and direction to staff. 1. To form a key stakeholder review committee to explore the technically complex issues related to the Sand & Gravel review and permitting process. (Status: October 2014 target date) Informal Meeting Minutes Monday, September 22, 2014 Page 5 of 8 2. To redesign the District’s website to improve functionality and access to information across different customer types, i.e., property owners, engineers, mining operations, companies, etc. Site Redesign (Status: January 2015 target date) Engineering Library (Status: 99% complete) Searchable FAQ tool being developed (Status: September 2014 target date) 3. To support a more detailed study of the Agua Fria River and how the mining activity may have changed the floodplain delineation areas. Scoping Phase (Status: June 2015 target date) 4. To develop and post online easy to understand information on the process and requirements to file an interpretation, appeal or variance. (Status: September 2014 target date) 5. To revise the Floodplain Regulations with respect to the elevation requirement for garages. (Status: the proposed change would be submitted to AZ Department of Water Resources and Federal Emergency Management Agency for review. Staff would hold work sessions with community groups for feedback. A text amendment would then be initiated for the Enhanced Regulatory Outreach Program for further stakeholder input) Mr. Everland reported that 80% of the process has been implemented and by the end of 2014 all but two recommendations would be implemented. Supervisor Kunasek stated that he met Mr. Everland 10 years ago. Mr. Everland was frustrated with local government, so he became engaged in the formal process. Engineers and lawyers also stepped up by donating a large amount of their time. Supervisor Kunasek said he appreciates and embraces the process and all the time spent. Motion to approve by Director Kunasek. Chairman Barney noted the number of professionals involved who worked to improve the regulatory process. Supervisor Kunasek stated that engaging the people that use and rely on government to keep homes safe and investments secure was wise. Chairman Barney recognized staff and thanked everyone present for their participation. Motion was seconded by Director Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Rogers MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ________________________________ Denny Barney, Chairman of the Board ATTEST: ________________________________________ Constance Copeland, Deputy Clerk of the Board Informal Meeting Minutes Monday, September 22, 2014 Page 6 of 8 RECESS/RECONVENE After discussion of item F-1 on the Flood Control District agenda Chairman Barney recessed the Board of Directors of the Flood Control District and reconvened in Open Session. BOARD OF SUPERVISORS PRESENTATION AND ACTION Government Relations 1. PROPOSED 2015 LEGISLATIVE PACKAGE Presentation regarding the Proposed 2015 Legislative Package. At the conclusion of the presentation, approve the Proposed 2015 Legislative Package. Rick Bohan, Director, Government Relations Michelle Hindman, Legislative Liaison Amanda Nash, Legislative Analyst The 2015 Legislative Package will be on file in the Clerk of the Board's Office after September 22, 2014 and retained in accordance with ASLAPR approved retention schedule. (C-20-15-003-P-00) Rick Bohan, Director of Government Relations, introduced his staff: Michelle Hindman, Amanda Nash, and Melody Henderson. He presented the 2015 Legislative Package and noted important dates: County Supervisor Administration (CSA) Legislative Summit to meet October 8-10, 2014 in Prescott, the General Election on November 4, 2014, and the Legislature convenes on January 12, 2015. Mr. Bohan noted several changes to come in Senate and House leadership depending on the outcome of the November 4, 2014 elections. He stated the State budget is facing a budget deficit of $316.8 million due to the K12 ruling and will be added to the budget that was passed last session. There is a back pay issue that could increase the FY 2015 budget deficit to $569.4 million. The Joint Legislative Budget Committee (JLBC) projects a potential budget deficit of $1.46 billion by April of FY 2016. A new plan that will impact the counties will depend upon the new Senate and House leadership. The County has the following five Legislative proposals: Animal Care and Control 1. Separate the penalty for failure to license from penalty for failure to vaccinate 2. Allow County Enforcement Agent flexibility in determining the manner and facility for the quarantine of a dog or cat that bites. Facilities Management and Procurement Services 3. Allow a political jurisdiction to waive a job-order-contracting performance bond if the amount of the job does not exceed $500,000. County Medical Examiner 4. Add County Medical Examiners to a list of authorized individuals who may request access to the Controlled Substances Prescription Monitoring Program maintained by the Arizona State Board of Pharmacy. Informal Meeting Minutes Monday, September 22, 2014 Page 7 of 8 Correctional Health 5. Prohibit a private insurance company from denying coverage to insured persons who are in custody of a local supervisory authority pending the disposition of charges. Staff will be working with the County Supervisors Association (CSA) on this issue. Mr. Bohan stated this issue may take a few Legislative sessions to get the proposal passed. In response to questions from Supervisor Kunasek, Mr. Bohan responded that the issue is with insurance companies. Mr. Bohan described several ways the Board Members and the public may stay informed on Legislative issues by reviewing: the electronic “Weekend Update”, viewing Capital Connections video, and updates posted on their website at www.maricopa.gov/GovernmentRelations. Chairman Barney thanked Mr. Bohan and his staff. He said they would be working on their proposals in tandem with CSA. There was discussion regarding the impact of affordable care and AHCCS on the medical care coverage of individuals within County custody. Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Rogers ACTION Elections NOTE: Agenda item no. 2 was taken out of order and heard before Flood Control agenda item no. F-1. 2. TIE VOTE DRAWING FOR POSITION OF ELECTED PRECINCT COMMITTEEMEN Authorize the Chairman to draw the winner for the Granite Mountain precinct where a tie vote occurred for the final elected position for the office of Precinct Committeemen. A tie vote for the last position as an elected precinct committeemen exists in the Granite Mountain precinct within Maricopa County. Pursuant to A.R.S. 16-649A, if two or more candidates receive an equal number of votes for the same office, and a higher number than any other candidate, whether upon the canvass by the Secretary of State or the County Board of Supervisors, or upon recount by the court, the officer or board whose duty it is to declare the result shall determine by lot and in the presence of the candidates which candidate shall be declared elected. (C-21-15- 004-7-00) NOTE: Agenda item no. 3 was taken out of order and heard before Flood Control agenda item no. F-1. 3. DESIGNATION AND CANCELLATION OF MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT FIVE ELECTION AND APPOINTMENT TO OFFICE Cancel the November 4, 2014 election for governing board member in Maricopa County Community College district five (2 year term) and appoint the candidate(Alfredo Gutierrez) to serve the specified term as governing board member. Informal Meeting Minutes Monday, September 22, 2014 Page 8 of 8 The Arizona Legislature offers an alternate procedure for electing the governing board members of a Community College district as defined under Title 15 (A.R.S. § 15-1441 and 15-1442). If the total number of persons who file a nomination petition as of August 6, 2014, or write in nomination paper as of August 20, 2014, is equal to or less than the number of positions to be filled for each office to be elected at the General Election, the County Board of Supervisors is authorized to cancel the election. The Board of Supervisors is also authorized to appoint those persons who filed a nomination petition or write in nomination paper to serve as a governing board member for the respective term. A person who is appointed pursuant to this section is fully vested with the powers and duties of the offices as if elected to that office. (C-21-15-005-7-00) Enterprise Technology 4. AMENDMENT TO LEASE WITH I/O CAPITAL PRINCESS, LLC Approve, and authorize the Chairman to execute, Amendment No. 5 to Lease No. L-7407 with I/O Capital Princess, LLC. Amendment No. 5 to Lease L-7407 incorporates into the IO Data Centers Lease and Master Services Agreement an “Attachment E” whereby Lessor, acting under a Business Associate Agreement, agrees to comply with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations. (c-41-09-002-1-05) Kevin Westover, Deputy Chief Information Officer, explained that the Office of Enterprise Technology (OET) currently houses information at a remote location owned by Capital Princess, LLC. He stated that the action requires a lease amendment so Health Insurance Portability and Accountability qualifying information can also be housed at a remote location. He noted that there is no additional cost to the County. Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Rogers 5. EXECUTIVE SESSION Vote to convene in Executive Session to consider items on the Executive Agenda dated September 22, 2014, for Board of Supervisors and relevant Special Districts pursuant to statutory authority listed for each item. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Rogers MEETING ADJOURNED After discussion on the listed Executive Session items, and there being no further business to come before the Board, the meeting was adjourned. ________________________________ Denny Barney, Chairman of the Board ATTEST: ________________________________________ Constance Copeland, Deputy Clerk of the Board