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Board Members Denny Barney, Chairman, District 1 Steve Chucri, Vice Chairman, District 2 Andrew Kunasek, District 3 Clint Hickman, District 4 Mary Rose Wilcox, District 5 County Manager Tom Manos "The mission of Maricopa County is to Clerk of the Board Fran McCarroll provide regional leadership and fiscally responsible, necessary public services to Meeting Location its residents so they can enjoy living in Supervisors' Auditorium healthy and safe communities” 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS MARICOPA COUNTY, ARIZONA (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District 61 Flood Control District 62 Library District 66 Stadium District 68 Board of Deposit No Meeting Wednesday, February 26, 2014 9:00 AM Formal Meeting Minutes Wednesday, February 26, 2014 Page 2 of 66 1. INVOCATION - INVOCACIÓN The Invocation was offered by Christine Jasinski, Office of Management and Budget. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Cristi Cost, Office of Management and Budget, led the assemblage in the Pledge of Allegiance. 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, February 26, 2014, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Andrew Kunasek, District 3; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Armstrong and Shirley Million, Minutes Coordinators; Tom Manos, County Manager; and Cynthia Kelley, Legal Counsel. 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, Animal Care and Control presented Chico, an 18 month old Chihuahua that will be available for adoption on Thursday at the West Shelter for an adoption fee of $75.00. More information is available at www.pets.maricopa.gov. PRESENTATIONS - PRESENTACIÓNES 5. EMPLOYEE AWARDS FOR REWARDING IDEAS PROGRAMS Present the following employees awards from the Rewarding Ideas Program: Tom Daley, $1,250; Dan Petty, $1,250, Facilities Management: Proposed replacing the existing ballast fixtures with LED 3 Watt lamps. The newly installed LED 3 Watt lamps eliminated the use for ballasts. This change resulted in a tangible savings of $13,712. David Scott Elston, $2,385, Juvenile Probation: Proposed consolidating storage and delivery operations for the Adult Probation Department. ADP previously rented space at a downtown storage facility. The consolidation and elimination of rented space resulted in a tangible annual savings of $11,927. Wendy Thompson, $100, Clerk of Superior Court: Proposed to discontinue the practice of sending copies of the judgment to defaulted parties. The change eliminated the conforming of copies of judgments for defaulted parties. This resulted in an intangible savings of $6,125. Correnia Snyder, $87.50; Lauri Million, $87.50; Joyce Auchinleck, $87.50; Christopher Cerrato, $87.50, Clerk of Superior Court: Proposed to change the method of document distribution. The new process saved on paper supplies and reduced the amount of labor required to process documents. This change resulted in an intangible savings of $14,835, and a tangible savings of $1,297. Formal Meeting Minutes Wednesday, February 26, 2014 Page 3 of 66 George Montgomery Baxter, $2,500, Waste Resources and Recycling Management: Proposed adding two additional service days at the Cave Creek site. The two additional days of service averaged an increase of $3,462 per month, generating an increase in revenues of $56,000, and eliminated a contract position. The elimination of the contract position resulted in an annual tangible savings of $27,830, resulting in a tangible savings of $67,266. (C-20-14-026-M-00) Katie Prendergast, representing the Employee Award Committee, announced the names of employees who received awards for their money-saving ideas. Chairman Barney presented the awards. David Scott Elston from Juvenile Probation was awarded $2,385; Wendy Thompson was awarded $100.00; Correnia Snyder, Lauri Million, Joyce Auchinleck and Christopher Cerrato were awarded $87.50 each; Tom Daley and Dan Petty were each awarded $1,250.00; George Montgomery Baxter was awarded $2,500.00. Ms. Prendergast thanked the Board and employees and encouraged all employees to continue sharing their cost-saving ideas. Chairman Barney and Supervisor Chucri thanked Katie and congratulated the employees saying that these awards represent a great example of government at its best. PLANNING AND ZONING AGENDA AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN ***The Board of Supervisors will now consider matters related to Planning and Zoning*** CONSENT AGENDA - AGENDA DE CONSIENTA PZ-1. HASSAYAMPA 78 Case # CPA2013011 Supervisor District: 4 Applicant/Owner: Don Cox (Cardno) for Voyager Hassayampa Investors, LLC Request: Modification of Conditions ‘c’ & ‘i’ of CPA200704. CPA case approval is by Resolution Site Location: Approximately at the northwest corner of Thomas Road and 339th Avenue, in the Tonopah area Site Size: Approx. 80 acres Commission Recommendation: By a 6-0 vote, recommended approval subject to conditions ‘a’ – ‘h’: Provided the following conditions are met: a. Development shall comply with the Comprehensive Plan Amendment document entitled “Hassayampa 78 Comprehensive Plan Amendment”, a bound document, dated January 5, 2009, and stamped received January 6, 2009, including all exhibits, maps, and Formal Meeting Minutes Wednesday, February 26, 2014 Page 4 of 66 appendices, except as modified by the following stipulations. b. Changes to the Hassayampa 78 Comprehensive Plan Amendment with regard to use and intensity, or the stipulations approved by the Maricopa County Board of Supervisors, shall be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Commission. Revised applications shall be in accordance with the applicable Comprehensive Plan Amendment Plan Guidelines, zoning ordinance, and subdivision regulations in effect at the time of amendment application. Non-compliance with the approved Hassayampa 78 Comprehensive Plan Amendment, including the narrative report, maps, exhibits, or approved stipulations, constitutes a violation in accordance with the Maricopa County Zoning Ordinance. c. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of CPA2013011 which details the status of this project, including progress on obtaining necessary entitlements, licenses, and permits; compliance with the conditions of approval; compliance with the approved narrative report; compliance with the approved land use plan; and justification as to how the approved land use plan still represents appropriate land use planning for the property and unincorporated Maricopa County in accordance with the goals and policies in its comprehensive and applicable area plan. This report shall be scheduled for public hearing by the Maricopa County Board of Supervisors (Board), upon recommendation by the Maricopa County Planning and Zoning Commission (Commission), to consider whether the planning justification for this CPA is still present, and whether the land use designations associated with this CPA still represent appropriate and better long-term land use planning in accordance with the goals and policies of the Maricopa County Comprehensive Plan and applicable area plan. If the Board changes the current land use designations back to Rural (0-1 du/ac), all entitlements associated with this project that were conditional pursuant to the Maricopa County Zoning Ordinance may also be considered by the Board, upon recommendation by the Commission, for reversion to the prior entitlements. In such an event, the comprehensive plan land use map, area plan land use map, and, as applicable, zoning map shall be altered to reflect Board action. d. The property owner and their successors waive claim for diminution in value if the County takes action to rescind approval of this comprehensive plan amendment due to non-compliance with any of the approved stipulations or other conditions of approval. e. The total number of residential units shall not exceed 219 dwelling units f. The following Maricopa County Department of Transportation stipulations shall apply: 1. The Owner/Developer has provided a Traffic Impact Study (TIS). The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The TIS must be approved before subsequent approval of any roadway improvement plans. The TIS shall be updated prior to any zoning (rezoning) and/or plat approvals and with each development phase to reflect current conditions and any changes to the development plan. The need for additional lane capacity on offsite alignments will be reviewed with each re- submittal of the TIS. The project must comply with all recommendations in the MCDOT- approved TIS. The Owner/Developer needs to submit updated TIS prior to any further approvals. 2. The Developer shall make a contribution to regional transportation infrastructure. The contribution shall be $3,281.00 per residential dwelling unit. The Developer shall pay the contribution amount directly to MCDOT at the time individual building permits are issued, or per an alternate agreement as approved by MCDOT. Formal Meeting Minutes Wednesday, February 26, 2014 Page 5 of 66 3. The Owner/Developer shall provide the ultimate half-width of right-of-way for all public roadways as follows: a. 339th Avenue (Parkway) 100 Feet half-width b. Thomas Road (Arterial) 65 Feet half-width c. 341st Avenue (Collector) 30 Feet half-width d. Residential/Local 50 Feet total-width 4. The Developer shall be responsible for the design and construction of the ultimate full- width of all interior roadways, and the ultimate half-width of all perimeter roadways. Where applicable, “half-width” construction must safely convey two directions of traffic until the ultimate roadway is constructed. All roadways must meet all county standards in effect at the time. (This includes, but is not limited to the “MCDOT Roadway Design Manual,” including ITS infrastructure requirements and the “Drainage Policies and Standards for Maricopa County.”) The Developer shall relocate any “obstructions” (well sites, etc.) and/or provide additional right of-way in the event of conflict with any transportation facilities. Roadway improvement plans must be approved and permitted by MCDOT. 5. The Developer is responsible for assuring paved access to the site at the time of the first final plat. 6. The Developer shall provide all-weather access to all parcels and lots. 7. The Developer shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 8. The Developer shall design the development to promote pedestrian, bicycle and other alternative modes of transportation between uses within and adjacent to the site, by means in addition to the roadway system. 9. If streetlights are provided, installation shall be provided by the Developer. If streetlights are within public rights-of-way, a Street Light Improvement District (SLID) or comparable authority shall be established to provide operation and maintenance. The Developer should contact the Office of the Superintendent of Streets at (602) 506-8797 to initiate the SLID process. 10. The Developer shall design landscaping to comply with all county requirements and to conform to the MCDOT Roadway Design Manual. The Developer (or as assigned to Home Owner’s Association (HOA)) shall be responsible for maintenance of landscaping within public rights-of-way. 11. The Developer shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 12. The Developer shall comply with all applicable local, state and federal requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.) 13. The Owner/Developer shall provide written documentation of ADOT’s review and response. g. That the following Drainage Administration comments shall apply: Formal Meeting Minutes Wednesday, February 26, 2014 Page 6 of 66 1. All development and engineering design shall be in conformance with the Drainage Regulation and current engineering policies, standards and best practices at the time of application for construction. 2. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with the Drainage Regulation and design policies and standards. h. That the following Maricopa County Department of Emergency Management stipulation shall apply: • Any areas not covered by the existing Outdoor Warning Siren System used to alert residents within the 10-mile Emergency Planning Zone of the Palo Verde Nuclear Generating Station in time of emergency shall be required to include additional sirens, at the developer’s cost, in order to provide adequate warning for the residents of that development, using technical information concerning the siren system obtained from the Emergency Planning Department at the Palo Verde Nuclear Generating Station. In addition, adequate signage available from the Palo Verde Nuclear Generating Station Emergency Planning Department shall be required to be posted on the site to inform the public of the presence of a nuclear generating station in the vicinity and outlining actions to take upon receiving warning notification. (C-44-14-050-M-00) Motion to concur with the recommendation of the Planning Commission to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox PZ-2. HASSAYAMPA 78 Case # Z2013117 Supervisor District: 4 Applicant/Owner: Cardno for Voyager Investment Properties, LLC Request: Modification of Condition ‘q’ of Z2007051 Site Location: West of 339th Ave. and north of Thomas Rd. (in the Tonopah area) Site Size: Approx. 80.2 gross ac. Commission Recommendation: By a 6-0 vote, recommended approval subject to conditions ‘a’ – ‘w’: Provided the following conditions are met: a. Development of the site shall comply with the narrative entitled “Hassayampa 78“, consisting of 3 pages, dated December 17, 2018 and stamped received December 18, 2013, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Z2007051 site plan entitled “Preliminary Plat / Zoning Exhibit for Hassayampa 78”, consisting of five (5) sheets, stamped received June 27, 2008, except as modified by the following stipulations. c. Development of the site shall comply with the Z2007051 project narrative entitled “Hassayampa 78 Zoning Change Application”, consisting of 44 pages, dated revised June Formal Meeting Minutes Wednesday, February 26, 2014 Page 7 of 66 17, 2008, and stamped received June 27, 2008, except as modified by the following stipulations. The R1-6 Residential Unit Plan of Development standards shall be as revised October 15, 2008. d. Development of the site shall comply with the Z2007051 Landscape Plan entitled “Voyager Hassayampa 78 Investors – Preliminary Overall Landscape Plan”, consisting of eight (8) full-size sheets, dated April 21, 2008 and stamped received June 27, 2008, except as modified by the following stipulations. e. The developers of the commercial parcel shall provide a landscape buffer along the commercial property’s northern boundary to ensure adequate screening adjacent to the neighboring residential lots. Said landscaping shall incorporate “clean” tree species such as Arizona Cypress in order to minimize the potential for leaf and flower litter on to the neighboring residential lots. Further, the commercial parcel shall provide perimeter landscaping along 339th Avenue and along Thomas Road in a manner consistent with that shown for the residential portion of site as indicated in the Landscape Plans referenced in stipulation ‘c’ above. f. The developer of the residential property shall ensure pedestrian connectivity from the residential portion of the site to the commercial portion of the site. Said connectivity shall occur from Tract “A” and Tract “X” in locations generally consistent with those shown in the documents referenced in stipulations ‘a’ through ‘c’ above, in addition to any pedestrian connection that may be part of any right-of-way improvements. The developer of the commercial parcel shall continue the pedestrian connection from the point of connection to the main building entrances in a manner that is consistent with applicable Crime Prevention Through Environmental Design (CPTED) standards. g. The commercial parcel shall incorporate “360-degree architecture”, which incorporates a variety of color, texture, and massing on all building facades. h. The following Maricopa County Department of Transportation (MCDOT) stipulations shall apply: 1. The Owner/Developer has provided a Traffic Impact Study (TIS). The TIS shall comply with MCDOT requirements and shall address development phasing and the offsite improvements necessary to accommodate the anticipated traffic demands. The TIS must be approved before subsequent approval of any roadway improvement plans. The TIS shall be updated prior to any final plat approvals and with each development phase to reflect current conditions and any changes to the development plan. The need for additional lane capacity on offsite alignments will be reviewed with each re-submittal of the TIS. The project must comply with all recommendations in the MCDOT-approved TIS. 2. The Developer shall make a contribution to regional transportation infrastructure. The contribution shall be $3,281.00 per residential dwelling unit. The Developer shall pay the contribution amount directly to MCDOT at the time individual building permits are issued, or per an alternate agreement as approved by MCDOT. 3. The Owner/Developer shall provide the ultimate half-width of right-of-way for all public roadways as follows: a) 339TH Avenue (Parkway/Enhancement Roadway); 100 Feet Half-Width b) Thomas Road (Arterial); 65 Feet Half-Width c) 341st Avenue (Collector); 30 Feet Half-Width Formal Meeting Minutes Wednesday, February 26, 2014 Page 8 of 66 d) Residential/Local; 50 Feet Total-Width 4. The above references interior and perimeter roads. (The project boundary is the centerline of all perimeter roadways and/or roadway alignments). Full-width right-of-way shall be provided where the entire roadway is within the development (interior roadways). Half-width right-of-way shall be provided where ‘half’ of the roadway is within the development (perimeter roadways). Additional right-of-way shall be dedicated at any intersections where future dual left turn lanes are possible. The widened right-of-way section shall accommodate dual left turn lanes, including reverse curves. 5. The Developer shall be responsible for the design and construction of the ultimate full- width of all interior roadways, and the ultimate half-width of all perimeter roadways. Where applicable, “half-width” construction must safely convey two directions of traffic until the ultimate roadway is constructed. All roadways must meet all county standards in effect at the time. (This includes, but is not limited to the “MCDOT Roadway Design Manual,” including ITS infrastructure requirements and the “Drainage Policies and Standards for Maricopa County.”) The Developer shall relocate any “obstructions” (well sites, etc.) and/or provide additional right of-way in the event of conflict with any transportation facilities. Roadway improvement plans must be approved and permitted by MCDOT. 6. The Developer is responsible for assuring paved access to their site at the time of the first final plat. 7. The Developer shall provide all-weather access to all parcels and lots, including an all- weather access from I-10. 8. The Developer shall provide and make available a minimum of two access points to each development phase and/or subdivision unit. 9. The Developer shall design the development to promote pedestrian, bicycle and other alternative modes of transportation between uses within and adjacent to the site, by means in addition to the roadways system. 10. If streetlights are provided, installation shall be provided by the Developer. If streetlights are within public rights-of-way, a Street Light Improvement District (SLID) or comparable authority shall be established to provide operation and maintenance. The Developer should contact the Office of the Superintendent of Streets to initiate the Improvement District process (602) 506-8797 to initiate the SLID process. 11. The Developer shall design landscaping to comply with all county requirements and to conform to the MCDOT Roadway Design Manual. The Developer (or as assigned to Home Owner’s Association (HOA)) shall be responsible for maintenance of landscaping within public rights-of-way. 12. The Developer shall provide a construction traffic circulation plan. The construction traffic circulation plan must be approved by MCDOT. 13. The Developer shall comply with all applicable local, state and federal requirements. (Dust control, noise mitigation, AZPDES, 404 permitting, etc.). 14. The Owner/Developer shall provide written documentation of ADOT’s review and response. i. All interior streets within the proposed development are to be constructed to minimum Formal Meeting Minutes Wednesday, February 26, 2014 Page 9 of 66 County standards. j. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. k. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. All trees shall be double- staked when installed. l. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. m. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of zoning clearance or Final Plat approval, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. n. Prior to Final Plat approval, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire Department servicing the site. o. The applicant or his successor shall obtain approval of any development plans from the Office of the Arizona State Fire Marshal prior to any construction unless the property is annexed into the Tonopah Valley Fire District, in which case the developer shall obtain said approval from the District. p. Variations to the development standards as indicated in the approved Unit Plan of Development (UPD) table may be varied by the Board of Adjustment in accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO). q. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. r. Zoning is conditional. If a Final Plat is not approved within five (5) years of the date of approval of this Zone Change, the Board of Supervisors may take action to revert the zoning following a recommendation by the Planning and Zoning Commission. s. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). t. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. u. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with stipulations. Formal Meeting Minutes Wednesday, February 26, 2014 Page 10 of 66 v. This property lies within Luke Wash/Arlington Area zones AE and Zone X. Any development taking place on this property must obtain a Floodplain Use Permit from the Floodplain Management and Services Division of the District. Development must comply with the effective Floodplain Regulations for Maricopa County. w. The proposed development is located within 10 miles of the Palo Verde Nuclear Generating Station (PVNGS). Any areas not covered by the existing Outdoor Warning Sire System used to alert residents within the 10-mile Emergency Planning zone of the Palo Verde Nuclear Generating Station in time of emergency shall be required to include additional sirens, at the developer’s cost, in order to provide adequate warning for the residents of the development, using technical information concerning the siren system obtain from the emergency Planning Department at the Palo Verde Nuclear Generating Station. In addition, adequate signage available for the Palo Verde Nuclear Generating Station Emergency Planning Department shall be required to be posted on the site to inform the public of the presence of a nuclear generating station in the vicinity and outline actions to take upon receiving warning notification. (C-44-14-051-M-00) Motion to concur with the recommendations of the Planning Commission to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox PZ-3. PHO DONATELA Supervisor District: 5 Applicant/Owner: Rick Shaw, for Verizon Wireless for Peggy Wooten Living Trust Request: Special Use Permit (SUP) for a Wireless Communication Facility in the Rural-43 zoning district and in Wireless Communication Facility Use District 1 Site Location: Southwest corner of 119th and Thomas Rd. (in the Avondale area) Site Size: 0.027 ac. (1,196 sq.ft.) of a 2.18 ac. site. Commission Recommendation: By a 6-0 vote, recommended approval subject to conditions ‘a’ – ‘r’: Provided the following conditions are met: a. Development of the site shall comply with the site plan entitled “PHO Donatela, Z2013058 – Request for a Special Use Permit”, consisting of five (5) full-size sheets, dated revised August 26, 2013, and stamped received September 27, 2013 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “PHO Donatela”, consisting of six (6) notarized pages, dated September 6, 2013, notarized September 7, 2013, and stamped received September 27, 2013 except as modified by the following conditions. c. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. d. Prior to issuance of any permits for development of the site, the applicant/property owner Formal Meeting Minutes Wednesday, February 26, 2014 Page 11 of 66 shall obtain the necessary permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. e. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. f. The following Drainage Review conditions shall apply: 1. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards, and best practices at the time of application for construction. g. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the Rural/Metro Fire Department servicing the site. h. The maximum height of the Wireless Communication Facility shall be limited to 69’. i. Development of the site shall be in conformance with all Federal and State requirements, including but not limited to, Federal Communications Commission (FCC), Federal Aviation Administration (FAA), National Environmental Policy Act (NEPA), and State Historical Preservation Office (SHPO). The applicant shall be responsible for obtaining all necessary approvals prior to construction, and shall be accountable to those agency requirements, and penalties. j. There shall be no co-location on the Monopalm unless the future carrier can place the antennas in a growth pod, and not interfere with the stealth quality of the monopalm. A Minor Amendment shall be required to co-locate future carriers on the monopalm provided the carrier can place their equipment within the existing compound. k. The 12’ (h) wall surrounding the equipment and monopalm shall be painted and texture to match the existing wall surrounding the Garden Park Subdivision. l. The wireless communication tower stealthed as mono-palm, shall be maintained to retain the stealth properties intended by the design. Any damaged or missing fronds or branches shall be replaced within sixty (60) days of such damage occurring. m. This Special Use Permit (SUP) shall expire 25 years from the date of approval by the Board of Supervisors, or upon expiration of the lease to the applicant, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. n. The applicant shall submit a written report outlining the status of the development at the end of two (2) years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. o. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. Formal Meeting Minutes Wednesday, February 26, 2014 Page 12 of 66 p. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). q. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. r. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval is temporary and allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions and stipulations. In the event of the failure to comply with any condition or stipulation, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions or stipulations, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-14-052-M-00) Motion to concur with the recommendations of the Planning Commission to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox PZ-4. THE HOLLOWS Case # Z2013073 Supervisor District: 1 Applicant/Owner: SVK Engineering for Hollows Holdings, LLC Request: Amendment to the R1-35 zoning district (to reduce side yard setbacks) Site Location: North of Riggs Rd. and east of Power Rd. (in the Queen Creek area) Site Size: 19.79 gross ac. Commission Recommendation: By a 6-0 vote, recommended approval subject to conditions ‘a’ – ‘s’: Provided the following conditions are met: a. Development of the site shall comply with the zoning exhibit entitled “The Hollows“, consisting of two (2) full-size sheets, dated August 5, 2013, and stamped received December 27, 2013, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “The Hollows”, consisting of ten (10) pages, dated December 27, 2013, and stamped received December 27, 2013, except as modified by the following conditions. Formal Meeting Minutes Wednesday, February 26, 2014 Page 13 of 66 c. Development of the site shall comply with the Landscape Plan entitled “The Hollows”, consisting of five (5) full-size sheets, dated December 24, 2013, and stamped received December 27, 2013, except as modified by the following conditions. All trees shall be double-staked when installed. d. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground- mounted. e. Dedication of additional rights-of-way to bring the total half-width dedication to 70' for Riggs Road. Right of way dedication shall occur within six (6) months of approval of this request by the Board of Supervisors and prior to zoning clearance. All such dedications shall be in fee and free of all liens and encumbrances. Prior to acceptance of such dedication, the owner shall provide the County an owner’s title insurance policy issued to the County, the MCDOT environmental checklist and any and all other requirements as set forth in the “MCDOT Right-of-Way Dedications Reference Guide”. Until Maricopa County has accepted said dedication, all responsibilities, including but not limited to maintenance and repair for the property to be dedicated shall be that of the owner. f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. g. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. h. Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. The owner/developer shall prepare a SWPPP and obtain approval by MCESD prior to construction. (A separate submittal to MCESD is required.) Upon completion of construction, the owner shall fulfill MCESD Requirements and obtain a post-construction stormwater permit. i. The Final Plat shall contain a note designating the entity responsible for operation and maintenance of the on-lot stormwater management facilities consistent with an approved operation and maintenance plan. j. The Final Plat shall contain a note granting the MCESD the right, but the not duty, to enter upon the premises to repair or restore stormwater management facilities, systems, and/or devices in the event that the responsible entity fails to do so, to charge and assess the costs thereof to the owner and to enforce said charges and assessments by lien upon the property. k. Prior to Final Plat approval, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District servicing the site. l. The following Drainage Review conditions shall apply: 1 Approved response to Drainage Plan Review comments to The Hollows Preliminary Plat S2013009 shall be incorporated in the preliminary drainage report and zoning exhibit. 2 Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are Formal Meeting Minutes Wednesday, February 26, 2014 Page 14 of 66 not in conformance with section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 3 All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards, and best practices at the time of application for construction. m. Variations to the development standards as indicated in the approved Unit Plan of Development (UPD) table may be varied by the Board of Adjustment in accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO). The R1-35 RUPD is approved as described below. • Average lot area per dwelling unit: 41,000 sq. ft. • Minimum front setback: 40 ft. • Minimum side setback: 15 ft. • Minimum street side setback: 15 ft. • Minimum rear setback: 40 ft. • Maximum lot coverage: 20% • Distance between Buildings: 15 ft. • Minimum lot area: 35,000 • Minimum lot width: 118 ft. • Maximum building height: 30 ft. • Required parking spaces per unit 2 • Wall Height: 7 ft. max. n. Development of the site shall include 2 ac. of active open space with amenities including a multi-use basketball/tennis court, volleyball/bocce court, ramada with barbecue grill, drinking fountain and a bench. o. During the construction phase of this development adequate lighting shall be installed for nighttime security in accordance with requirements of the Maricopa County Sheriff’s Office. A sign shall be installed at the main entrance indicating the owner/operators immediate 24/7 emergency contact information. p. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. q. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). r. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this [Special Use Permit or Zone Change] as set forth in the Maricopa County Zoning Ordinance. s. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. (C-44-14- 053-M-00) Motion to concur with the recommendations of the Planning Commission to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Formal Meeting Minutes Wednesday, February 26, 2014 Page 15 of 66 PZ-5. LAKEVIEW CHURCH WCF Case # Z2013072 Supervisor District: 4 Applicant/Owner: Rachel Lenz, Bechtel Communication Inc. for AT&T and Lakeview United Methodist Church Request: Major Amendment to a Special Use Permit (SUP) for a Wireless Communication Facility replacing the existing flagpole with a new monopalm communication facility in the Rural-43 SC zoning district and in Wireless Communication Facility Use District 1 Site Location: Northeast corner of Thunderbird Blvd. & 103rd Ave. (in Sun City) Site Size: Approx. 0.01 acres of a 3.83 acre site Commission Recommendation: By a 6-0 vote, recommended approval subject to conditions ‘a’ – ‘l’: Provided the following conditions are met: a. Development of the site shall comply with the site plan entitled “Site Number: P420, Site Name: Lakeview Church, Request for Major Amendment to Z2004130, Zoning Case #2013072“, consisting of four (4) sheets, stamped received November 22, 2013, except as modified by the following conditions. b. Development of the site shall be in conformance with the narrative report entitled “Narrative Report, Site Number: P420, Site Name: Lakeview Church, Request for Major Amendment to Z2004130, Zoning Case #2013072”, consisting of eight (8) pages, stamped received November 22, 2013, except as modified by the following conditions. c. The height of the wireless communication facility shall be limited to 70’. d. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. e. The following Drainage Review conditions shall apply: 1. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards, and best practices at the time of application for construction. f. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire Department servicing the site. g. There shall be no co-location on the Monopalm unless the future carrier can place the Formal Meeting Minutes Wednesday, February 26, 2014 Page 16 of 66 antennas in a growth pod, and not interfere with the stealth quality of the monopalm. A Minor Amendment shall be required to co-locate future carriers on the monopalm provided the carrier can place their equipment within the existing compound. h. This Special Use Permit shall expire 25 years from the date of approval by the Board of Supervisors, or upon expiration of the lease to the applicant, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. i. The applicant shall submit a written report outlining the status of the development at the end of five (5) years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. j. Major changes to the Special Use Permit shall be processed as a revised application, with approval by the Board of Supervisors upon recommendation of the Planning and Zoning Commission. Minor changes may be administratively approved by the Planning and Development Department. Major changes to the Special Use Permit may require a new Citizen Participation Process as determined by the Planning and Development Department. k. Noncompliance with the conditions of approval will be treated as a violation in accordance with Chapter 14 (Violation and Penalty) of the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with the Maricopa County Zoning Ordinance. l. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. (C-44-14-055-M-00) Motion to concur with the recommendations of the Planning Commission to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox PZ-6. HANGER HACIENDAS TRACT A REPLAT Case # S2006047 Supervisor District: 5 Applicant: Havill Development Consultants Owners: Mr. and Mrs. James Nerison, Susan Reyeski, Mark Cummings, and the Hangar Hacienda HOA Request: Replat of Tract ‘A’ to create three (3) lots and two (2) tracts in accordance with MCSO and MCZO requirements and standards. Site Location: East of 27th Ave., between Avion Way and Ceton Dr. Site Size: Approx. 4.812 ac. Formal Meeting Minutes Wednesday, February 26, 2014 Page 17 of 66 Staff Recommendation: Approve (C-44-14-054-M-00) Motion to concur with the Staff recommendations to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox REGULAR AGENDA - AGENDA REGULAR PZ-7. COUNTRY CLUB STORE Case # Z2013065 Supervisor District: 2 Applicant: Law Offices of Garry D. Hays Owner: Country Club Store, LLC Request: Zone Change from C-3 to C-3 CUPC (Commercial Unit Planned Development Overlay Zone) Site Location: Northeast corner of Country Club Dr. and Iron Ave., in the Mesa area Site Size: Approx. 1.2 acres of a 4.24 acre parcel Commission recommendation: By a vote of 5 - 3 recommended approval subject to conditions 'a' - 'l': a. Development of the site shall comply with the Zoning Exhibit entitled “Plan of Development Request to Rezone from C-3 to C-3 with Commercial Unit Plan of Development”, consisting of 6 full-size sheets, dated January 10, 2014, and stamped received January 17, 2014, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Country Club Store, LLC Comprehensive Sign Package Zone Change to CUPD”, consisting of 10 pages, dated January 20, 2014, and stamped received January 22, 2014, except as modified by the following conditions. c. The C-3 CUPD zoning district approved under case Z2013065 shall observe the following amended development standards: Sign ‘C’ – New Holland freestanding sign • 30’ height • Sign to be located 192’ north of existing sign B, and 66’ south of proposed new sign D Sign ‘D’ – New multiple tenant freestanding sign • Maximum sign area of 122 sq. ft. per face • 25’ height • Sign to be located 66’ north of sign ‘C’ and 258’ north of existing sign ‘B’. Sign ‘E’ – New billboard • Distance of 531’ from existing billboard to the east. • Illumination from the bottom • 672 sq. ft. for each sign face Formal Meeting Minutes Wednesday, February 26, 2014 Page 18 of 66 • 48’ height d. The following condition shall apply from Arizona Department of Transportation: • A new ADOT Outdoor Advertising Sign Permit will be required due to the change in the location of the replacement billboard. e. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. f. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. g. The following Drainage Review conditions shall apply: 1. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards, and best practices at the time of application for construction. h. Variations to the development standards as indicated in the approved Unit Plan of Development (UPD) table may be varied by the Board of Adjustment in accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO). i. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. j. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). k. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. l. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. (C-44-14- 057-M-00) Darren Gerard noted the site of this item is on a County Island and is completely surrounded by the City of Mesa. There is currently no known public opposition to this item, which is for a sign package. The Planning Commission recommendation, on a split vote, is for approval subject to conditions “a” through “l”. Mr. Gerard distributed a handout on condition “c” and reviewed clarifications amending condition “c” as seen below: c. The C-3 CUPD zoning district approved under case Z2013065 shall observe the Formal Meeting Minutes Wednesday, February 26, 2014 Page 19 of 66 following amended development standards: Sign “C” – New Holland freestanding sign 30’ height Sign to be located 192’ north of existing sign B, and 66’ south of proposed new sign D Sign ‘D’ – New multiple tenant freestanding sign Maximum sign area of 122 sq. ft. per face 25’ height Sign to be located 66’ north of sign ‘C’ and 258’ north of existing sign ‘B’. Sign ‘E’ – New billboard Distance of 531’ from existing billboard to the east. Illumination from the bottom. Illumination shall be top mounted downward at the sign face. 672 sq. ft. for each sign face 48’ height (51’ to top of top mounted lighting fixture) Garry Hays spoke for the applicant and in favor of approval of this item affirming the applicant is in agreement with the stipulations as set forth in the amendment. Motion to approve as amended by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 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. NEW LICENSE FOR VISTA GOLF DEVELOPMENT Pursuant to A.R.S. § 4-201, approve an application filed by Philip Jesse Green, Sr. for a New Series 12 Liquor License for Vista Golf Development at 28715 North Vista Verde Drive, Rio Vista, Arizona 85263. (AZ #12079782) (Supervisorial District 2) (C-06-14-243-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox b. SPECIAL EVENT LICENSE FOR SUN CITY WEST TENNIS CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Diane Hashem for Sun City West Tennis Club at 19807 RH Johnson Blvd., Sun City West, Arizona 85375 to be held on the following dates and times: • Friday, March 28, 2014 from 12:00 PM to 8:00 PM • Saturday, March 29, 2014 from 12:00 PM to 8:00 PM Formal Meeting Minutes Wednesday, February 26, 2014 Page 20 of 66 • Sunday, March 30, 2014 from 12:00 PM to 8:00 PM (Supervisorial District #4) (C-06-14-274-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox c. SPECIAL EVENT LICENSE FOR ST. STEVENS CATHOLIC CHURCH Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Fr. Pierre Hissey for St. Stevens Catholic Church at 24827 South Dobson Road, Sun Lakes, Arizona 85248 to be held on Friday, April 11, 2014 from 5:00 PM to 9:00 PM. (Supervisorial District # 1) (C-06-14-276-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox d. SPECIAL EVENT LICENSE FOR ST. STEVENS CATHOLIC CHURCH Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Fr. Pierre Hissey for St. Stevens Catholic Church at 24827 South Dobson Road, Sun Lakes, Arizona 85248 to be held on Friday, April 25, 2014 from 6:00 PM to 10:00 PM. (Supervisorial District # 1) (C-06-14-277-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox e. SPECIAL EVENT LICENSE FOR ARIZONA LUTHERAN ACADEMY Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by John Alan Sebald for Arizona Lutheran Academy at 6036 South 27th Avenue, Phoenix, Arizona 85041 to be held on Saturday, March 22, 2014 from 5:00 PM to 10:00 PM. (Supervisorial District #5) (C-06-14-279-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox f. SPECIAL EVENT LICENSE FOR THEATRE WEST Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Neal Richard Johnson for Theatre West at 14401 R.H. Johnson Blvd., Sun City West, Arizona 85375 to be held on Friday, March 14, 2014 from 8:30 PM to 11:30 PM. (Supervisorial District #4) (C-06-14-283-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox g. SPECIAL EVENT LICENSE FOR THEATRE WEST Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Neal Richard Johnson for Theatre West at 13800 West Deer Valley Drive, Sun City West, Arizona 85375 to be held on Tuesday, April 1, 2014 from 5:00 PM to 8:00 PM. (Supervisorial District #4) (C-06-14-284-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Formal Meeting Minutes Wednesday, February 26, 2014 Page 21 of 66 Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox h. SPECIAL EVENT LICENSE FOR THEATRE WEST Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Neal Richard Johnson for Theatre West at 19803 R.H. Johnson Blvd., Sun City West, Arizona 85375 to be held on Tuesday, May 6, 2014 from 11:00 AM to 3:00 PM. (Supervisorial District #4) (C-06-14-285-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox i. SPECIAL EVENT LICENSE FOR ANTHEM ROTARY FOUNDATION / ROTARY CLUB OF ANTHEM Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Craighton T. Boates for Anthem Rotary Foundation / Rotary Club of Anthem at 41703 North Gavilan Peak Parkway, Anthem, Arizona 85086 to be held on Saturday, March 29, 2014 and Sunday, March 30, 2014 from 10:00 AM to 6:00 PM. (Supervisorial District #3) (C-06-14-300-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Parks and Recreation 7. PROPOSED REVISIONS OF MARICOPA COUNTY PARKS AND RECREATION DEPARTMENT USER FEE SCHEDULE THIS ITEM IS BEING RE-SCHEDULED FOR MAY 7, 2014 PUBLIC HEARING TO COMPLY WITH A.R.S. § 11-251.13 REQUIREMENTS REGARDING POSTING ON THE COUNTY HOMEPAGE. Pursuant to A.R.S. § 11-251.13, convene the scheduled public hearing, to solicit comments and adopt the proposed changes to the Maricopa County Parks and Recreation Department User Fee Schedule. Upon Board approval, this item will become effective April 1, 2014. The Maricopa County Parks and Recreation Department, with consultation from the Parks and Recreation Commission, has determined the necessity to revise its user fee schedule in order to bring the user fees more closely in line with typical fees for similar systems and to recover fees for services. This will enable the Department to apply any changes in fees to needed repairs and maintenance of park facilities. The Parks and Recreation Commission held a public meeting regarding the revised fees on November 12, 2013, and no comments were received from the public. The meeting was advertised on the Parks web site and in the parks. The Board must set this matter for public hearing pursuant to statutory requirement. (C-30-14-009-M-01) Clerk of the Board Fran McCarroll explained that this item will be rescheduled to a public hearing on May 7, 2014, at the request of the department. Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Formal Meeting Minutes Wednesday, February 26, 2014 Page 22 of 66 AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Clerk of the Court - Secretario de la Corte 8. APPOINTMENT Pursuant to A.R.S. § 12-283, approve the official appointment of the following deputies, clerks, and assistants of the Clerk of the Superior Court. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231. Effective December 09, 2013 Ashlee Renee Francisco, Deputy Clerk Effective December 23, 2013 Genevieve Gutierrez Martin Del Campo, Deputy Clerk Effective January 06, 2014 Sherryl Renee Cornfield, Deputy Clerk Richard Joe Gallegos, Deputy Clerk Maria Irene Fulton, Deputy Clerk William D. Harvey Jr., Deputy Clerk Steven W. McCoy, Deputy Clerk Sandra Cecilia Mejia, Deputy Clerk Kristin Lynn Venable, Deputy Clerk Effective January 13, 2014 Anita Carbajal Avila, Deputy Clerk Effective January 21, 2014 Rocio Nathalie Venegas, Deputy Clerk Effective January 27, 2014 Daniel D. Juarez II., Deputy Clerk The Clerk of the Superior Court, pursuant to A.R.S. § 12-283, and in accordance with procedures established by the Board of Supervisors, may appoint deputies, clerks, and assistants. Further, the appointment shall be in writing. (C-16-14-011-9-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox County Attorney - Procurador del Condado 9. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE Pursuant to A.R.S. § 11-409, approve the official appointment of the following deputies and assistants of the Maricopa County Attorney. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231. Formal Meeting Minutes Wednesday, February 26, 2014 Page 23 of 66 Effective December 16, 2013 Martha Comstock, Legal Support Assistant James Jue, Deputy County Attorney Brandy Velarde, Paralegal Effective December 23, 2013 Debra Mori, Legal Support Assistant Joan Olson, Background Investigative Assistant Willie Price, Background Investigative Assistant Sabrina Rayo, Paralegal Effective January 6, 2014 Marilee Beeler, Paralegal Katarina Gagic, Paralegal Camille Jara, Legal Support Assistant Mary Marshall, Community Affairs Supervisor John Tutelman, Deputy County Attorney The County Attorney is an Officer of the County, as enumerated in A.R.S. § 11-401, and pursuant to A.R.S. § 11-409, such an enumerated County Officer may appoint deputies and assistants with the consent of the Board of Supervisors. (C-19-14-027-9-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 10. EXCEPTION TO THE POLICY FOR ADMINISTERING GRANTS Approve an exception to the Policy for Administering Grants (A2505) Section D. 1 to the Maricopa County Attorney’s Office that would allow applications to be submitted for unnamed prosecution or victim service related grants and/or agreements that may or may not allow indirect cost recovery and that may or may not have match requirements. Approval of this item authorizes application only and does not commit either the County Attorney’s Office, or the Maricopa County to accept funding. Authorize the Chairman to sign all applications, resolutions, certifications, assurances, etc. that are included in the grant application process. The County Attorney’s Office will return to the Board of Supervisors for approval to accept any specific awards and corresponding agreements. Requests to accept awards or enter into agreements that are subsequent to this agenda will be presented as unique agenda items with separate tracking numbers. The County Attorney’s Office indirect cost rate for FY 2014 is 13.9%. The Board has approved similar annual requests from the County Attorney’s Office over the years. (C-19-14-033-G-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 11. EXPENDITURE APPROPRIATION ADJUSTMENT FOR COUNTY ATTORNEY CASE MANAGEMENT SYSTEM Reduce the FY 2014 County Attorney (190) RICO Fund (213) Non Recurring Non Project (0001) expenditure appropriation by $3,000,000 and create a new Non Recurring Project appropriation of $3,000,000 in the County Attorney (190) RICO Fund (213) called MCAO Case Management System 2 (CAI2). This project will encompass the acquisition of software, equipment, services, maintenance, training, and related costs for the purchase Formal Meeting Minutes Wednesday, February 26, 2014 Page 24 of 66 and implementation of a new case management system, PROSECUTOR by Karpel. Procurement of this system was approved by the Board of Supervisors on January 29, 2014 (C-73-14-038-3-00). This will result in a net-zero change to the County Attorney budget. This budget adjustment does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The receipt by the County Attorney’s Office of RICO funds are not considered “local revenues” for the purpose of the constitutional expenditure limitation because they have been included in the appropriation limitation of the expenditure limitation of the State, and thus, non-local pursuant to Arizona Constitution Article 9, § 20(d)(vi). This expenditure appropriation budget increase will allow the County Attorney to utilize accumulated fund balance for the one-time purchase and three-year start-up of a new case management system. (C-19-14-035-2-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 12. EXECUTIVE COMPENSATION PACKAGE: ADDITIONAL LEAVE, AND LEAVE ACCRUAL ADJUSTMENT Approve an Executive Compensation Package (ECP) for Jon Eliason, a classified Deputy County Attorney in the County Attorney's Office, authorizing a deposit of 80 hours of paid vacation leave and 40 hours of paid sick leave to his leave balance(s) effective February 18, 2014. Additionally, adjust his leave accrual rate to that of Schedule 4 (Vacation: 7.9 hours per pay period, and Sick: 2.3 hours per pay period) as this employee comes to Maricopa County with 13 years in the Arizona State Retirement System. If approved, the ECP agreement will authorize a deposit of 80 hours of vacation leave and 40 hours of sick leave into the employee’s leave balances, and establish a leave accrual rate commensurate with 13 years of ASRS service (7.9 hours per pay period of Vacation and 2.3 hours per pay period of Sick. This action is effective February 18, 2014 and is necessary as a part of the hiring agreement and was necessary to recruit and retain a qualified individual to fill this role within the organization. (C-19-14-028-M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 13. COUNTY ATTORNEY'S OFFICE REQUEST FOR REVIEW OVER THRESHOLD Per the Board approved FY 2015 Budget Guidelines and Priorities, approve allowing the Office of Management & Budget to review the following request(s) over threshold: 1. Zero Base Budget submission $5,611,223 (Operating expense, fund 100, priority #4) 2. New hardware for criminal case management system $652,000 (Non-recurring expense, Fund 100, Priority #3) 1. The MCAO General Fund request for FY15 is $83,012,688, a $5,611,223 increase from the agency’s baseline budget threshold. This increase includes the cost of moving positions to the general fund that serve and support MCAO’s mandates and are necessary for the operation of MCAO, $1,883,106; the elimination of vacancy savings for MCAO, $3,212,153; to cover the cost of an increase in other services for MCAO, $392,770; and to cover the anticipate costs for various supplies and service level adjustments, $123,194. Formal Meeting Minutes Wednesday, February 26, 2014 Page 25 of 66 2. MCAO is replacing its 14 year old case management system for a product that will provide a higher degree of timely and accurate information to prosecutors and staff. Through this project, MCAO plans to implement several near-paperless initiatives and allow prosecutors to access their electronic case records from various mobile wireless devices like laptops and tablets. Equipment to be purchased to fulfill these initiatives include: desktop scanners to scan and store case documents; second computer monitors for support staff; laptops and/or tablets for attorneys to have mobile access to case information; and portable scanners and printers for attorneys to use in the courtroom and elsewhere within MCAO to further enhance document imaging and storage. (C-19-14-032- 2-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Sheriff - Alguacil 14. ACCEPT DONATION OF USED WORKOUT EQUIPMENT FROM CHICAGO CUBS Accept a donation of used workout equipment from the Chicago Cubs organization with a combined value of $25,000 to be used at the Youth Assistance Foundation gym located at Enforcement Support on W. Durango Road in Phoenix and other areas of the Sheriff's Office. The donation consists of the following items: (3) adjustable benches, (1) exercise bike, (1) hand bike, (2) grip strength machines, (1) dumbbell rack, (24) dumbbells ranging from 15 - 70 pounds, (2) leg extension machines, (2) leg curling machines, (2) lat pull down machines, (1) pectoral fly machine, (1) seated row machine, (1) leg press machine, (2) trainers tables, and (40) weight plates ranging from 5 - 35 pounds. (C-50-14-048-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 15. FY2014 MID-YEAR GRANT FUND RECONCILIATION Pursuant to A.R.S. § 42-17106, approve appropriation adjustments resulting in net increases of $1,485,832 to revenue and expenditures in the Sheriff's Office (500) Grant Fund (251) operations (0000) budget. This amount is the net difference between the adopted revenue and expenditures appropriation and changes that have occurred since. Approval of this item will result in a revised FY 2014 Fund 251 appropriation of $10,051,340. Grant revenues are not local revenues for the purposes of the constitutional expenditure limitation and, therefore, expenditure of the revenues is not prohibited by the budget law. This budget adjustment does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-1705. The Sheriff's Office FY 2013-14 indirect cost rate is 18.4%. Unrecoverable amounts on applicable indirect costs are addressed in each award acceptance agenda item. (C-50-14- 046-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 16. SHERIFF'S OFFICE REQUEST FOR REVIEW OVER THRESHOLD Formal Meeting Minutes Wednesday, February 26, 2014 Page 26 of 66 Per the Board approved FY 2015 Budget Guidelines and Priorities, approve allowing the Office of Management and Budget to review the following budget requests of the Sheriff's Office that are over threshold: • Pay increases for deputies, $9,800,000 (Recurring expense, Fund 100, Priority #4) • Pay increases for civilians, $1,360,000 (Recurring expense, Fund 100 - $625,000, Fund 255 - $735,000, Priority #4) • Medical Team Staffing, $1,800,000 (Recurring expense, Fund 255, Priority #4) • Jail Wagon Program, $1,450,000 (Recurring expense, Fund 255 - $1,300,000, Non- recurring expense, Fund 255 - $150,000, Priority #4) • Interactive Voice Response System, $905,000 (Non-recurring expense, Fund 255, Priority #4) • Helicopter, $5,600,000 (Recurring expense, Fund 100 - $600,000; Non-recurring expense, Fund 100 - $5,000,000, Priority #4) • Camera and Security System for Property Room, $250,000 (Non-recurring, Fund 100, Priority #4) • Records Management System for Civil Division, $800,000 (Recurring expense, Fund 100 - $100,000, Non-recurring expense, Fund 100 - $700,000, Priority #4) The Sheriff’s Office intends to use savings accrued in FY 2014 to purchase some essential equipment and information technology solutions. Should these purchases not be finalized by the end of FY 2014, the Sheriff’s Office requests that the Board allow a carry-forward of non-recurring funds into FY 2015 to cover these planned expenditures. The Sheriff’s Office also seeks approval to submit its FY 2015 requested Detention Fund budget over the threshold amount by up to $4,100,000. The increase is largely attributable to the interfund allocation between the General and Detention Funds which is recalculated annually during the budget development process. (C-50-14-055-M-00) Clerk of the Board Fran McCarroll noted that the Sheriff's office withdrew the second to last paragraph from this item and it will be presented at a future date. Motion to approve as amended by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 17. AMENDMENT TO IGA WITH THE TOWN OF GUADALUPE Approve Amendment No. 1 to an Intergovernmental Agreement between the Town of Guadalupe an Arizona Municipal Corporation and Maricopa County through the Sheriff's Office. The purpose of this amendment is to: 1) update the Legal Notices section, 2) amend Section II. Services, Subsection D. adding a new condition to the contract requiring Sheriff's Office employees assigned to the Town receive cultural training unique to the Town's history and celebrations; and 3) amend Section II. Services, Subsection E. allowing the town to request in writing that any Sheriff's Office staff be reassigned or removed from service to the Town. This amendment is effective upon approval of the Maricopa County Board of Supervisors and the Town of Guadalupe through the contract end date which is June 30, 2015 with up to three, one-year automatic renewals through June 30, 2018. All Formal Meeting Minutes Wednesday, February 26, 2014 Page 27 of 66 other terms and conditions of the Intergovernmental Agreement remain in full force and effect. The Town will furnish the training curriculum in a format that can be readily uploaded to the Sheriff's e-training system. Any costs associated with implementation will be billed back to the Town. The Sheriff's Office has 30 days upon receipt of the training to make it available to its employees. (C-50-12-083-3-01) Andrew Sanchez, Vice Mayor of the Town of Guadalupe, thanked the Board for considering this IGA that he explained the town and the Sheriff’s Office has been working on for some time. He said the Mayor and town council is asking for the Board’s approval as a monumental step in the right direction in the town’s relationship with the Sheriff’s Office. He noted that a good portion of the town’s budget goes towards the services provided by the Sheriff’s Office and he appreciated their voice being heard. Chairman Barney said a lot of hard work has gone into this effort and he applauded those connected with it. He thanked Mr. Sanchez for coming to the meeting and for his remarks. Supervisor Wilcox commented on the importance of recognizing the cultural customs unique to the Guadalupe’s history and said that she appreciated that cultural training on the background of this community will be required for the Sheriff’s Office employees who serve the town. Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 18. IGA WITH THE CITY OF MARICOPA FOR REIMBURSEMENT OF FUNDS FROM THE ARIZONA DEPARTMENT OF HOMELAND SECURITY GRANT PROJECT #888206-01 Approve the Intergovernmental Agreement (IGA) with the City of Maricopa for the purpose of reimbursement of funds in the amount of $25,737 from the Arizona Department of Homeland Security (AZDOHS), AZLINK Sustainment and Enhancement Project #888206- 01. The term of this IGA is from the date of signature of both parties through July 31, 2014. These are pass-through federal funds through the State of Arizona and the Sheriff's Office is the administering agency. Because this funding is for a sub-recipient, indirect costs do not apply. This Intergovernmental Agreement is funded by a grant from Arizona Department of Homeland Security (C-50-12-032-G-00), which was initially approved by the Board of Supervisors on November 16, 2011. (C-50-14-050-G-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 19. SUPPLEMENT #7 TO THE AGREEMENT WITH THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM Approve Supplement #7 ($119,076.25) to the Agreement with the Office of National Drug Control Policy (ONDCP) Award Number G12SA0005A, for the High Intensity Drug Trafficking Area (HIDTA) Program. This supplement is an additional $119,076.12 Formal Meeting Minutes Wednesday, February 26, 2014 Page 28 of 66 increasing the agreement amount from $569,602.25 to $688,678.37. The term of this Agreement has been extended from December 31, 2013 to June 30, 2014. The Sheriff’s Office indirect cost rate for FY2013 is 14.1%. The unrecoverable indirect costs associated with Sheriff’s Office increase are estimated to be $16,789.73. (C-50-12- 070-G-04) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 20. SUBGRANTEE AGREEMENT – REALLOCATION WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2012 HOMELAND SECURITY GRANT PROGRAM Approve a Sub-grantee Agreement-Reallocation and acceptance of up to $54,693 in continued grant funding from the Arizona Department of Homeland Security (AZDOHS) for the 2011 Homeland Security Grant Program, MCSO CBRN (chemical, biological, radiological, nuclear and explosive) SCBA (self-contained breathing apparatus) Project # 999810-04. The term of this award is January 1, 2014 through July 31, 2014. The Sheriff’s Office indirect cost rate for FY2014 is 18.4%. Unrecoverable indirect costs associated with this Agreement are estimated to be $10,063.51. (C-50-14-051-G-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 21. SUBGRANTEE AGREEMENT – REALLOCATION WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2012 HOMELAND SECURITY GRANT PROGRAM, TLO ENHANCEMENT PROJECT/FALLOUT FUNDS PROJECT Approve a Sub-grantee Agreement-Reallocation and acceptance of up to $88,049 in grant funding from the Arizona Department of Homeland Security (AZDOHS) for the 2012 Homeland Security Grant Program, TLO (Terrorism Liaison Officer) Enhancement Project/Fallout Funds Project # 999810-03. The term of this award is January 1, 2014 through July 31, 2014. Approve a one-time addition to the fleet of a full size 4X4 SUV that is a specific component of this funding for use by a Terrorism Liaison Officer and will enhance the capability of the office to prepare for, respond to and mitigate incidents of terrorism involving Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) materials. This is a one-time addition to the fleet that will be retired from the fleet at the end of its useful life with no funding from the general fund for replacement. Also, approve per A.R.S. 38-538.03 exemption from markings and the issuance of a non- government license plate. This vehicle will be used for enforcement disaster preparedness assignments where governmental anonymity is required to accomplish the mission. The Sheriff’s Office indirect cost rate for FY2014 is 18.4% ($16,201.02). Unrecoverable indirect costs associated with this Agreement are estimated to be $6,081.02. There will be capital equipment purchases valued at $55,000 and this amount is excluded from the indirect cost calculation. The estimated annual operating cost of this vehicle is $6,500 to be supported through the Investigations and Intelligence Bureau, Criminal Intelligence, Counter Terrorism; General Fund (100). (C-50-14-052-G-00) Formal Meeting Minutes Wednesday, February 26, 2014 Page 29 of 66 Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 22. ONE TIME ADDITIONS TO FLEET HIDTA VEHICLE TRANSFERS FROM DPS Approve four (4) one-time additions to fleet of vehicles purchased with HIDTA funds and assigned to DPS. DPS is no longer participating in the HIDTA Task Force and wants to transfer the vehicles to Maricopa County for use by detectives working the HIDTA initiative(s). The four vehicles are: 2008 GMC Yukon VIN #1GKFC13C38R104068; 2008 Ford F150 VIN #1FTPX12V28KD04092; 2010 Toyota Highlander VIN #5TDZK3EH7AS020133; 2010 Toyota 4 Runner VIN #JTEZU5JRXA5011741. Because the vehicles will be used for undercover purposes, also approve exemptions from markings and non-governmental plates per ARS 38-583.03. These vehicles will replace four existing HIDTA fleet vehicles and will result in a net zero increase to the current number of HIDTA vehicles in use. HIDTA funds will be used for the maintenance and operations of these vehicles, which will be retired or disposed of at the end of their usefulness according to HIDTA program terms with no funding from the General Fund for replacement. (C-50-14-047-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 23. COMPETITION IMPRACTICAL MARICOPA COUNTY SHERIFF'S OFFICE TRAINING CENTER AV SYSTEM UPGRADES Approve a Competition Impractical Procurement, Maricopa County Procurement Code, MCI-351 in the amount of $190,509 with Technology Providers, Inc. to replace and upgrade the Maricopa County Sheriff's Office (MCSO) Training Center classroom lectern systems to digital components and connections. This vendor is the only one that can provide all of the equipment necessary to do a complete upgrade of the podiums to sufficiently meet internal compatibility issues with other existing hardware on site and that will meet on-going needs of the Training Center. (C-50-14-049-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 24. LEASE AGREEMENT L-7449 FOR OFFICE SPACE AT LUHRS TOWER Approve, and authorize the Chairman to execute, Lease Agreement L-7449 (Lease) with HHLuhrs, LLC (Lessor) for use of approximately 3,239 rentable square feet of office space within the Luhrs Tower at 45 W. Jefferson in Phoenix, AZ. The term of the Lease will be for five years beginning on, or about, March 15, 2014 and expiring on, or about, March 15, 2019, unless terminated earlier as provided for in the Lease. Upon 90-days prior written notice, the County may terminate the Lease at any time after the 36th month of the lease term. Under the terms of the Lease, the County will have use of up to five (5) parking spaces in the adjacent Luhrs Parking Garage. The Lessor will re-carpet and repaint the premises prior to beneficial occupancy. The County will reimburse the Lessor the following Base Rent (plus expenses above the 2014 Base Year) and Formal Meeting Minutes Wednesday, February 26, 2014 Page 30 of 66 applicable sales tax: Month Monthly Rate Monthly Rent 1 – 12 $22.25/s.f. $6,005.65 13 – 24 $22.75/s.f. $6,140.60 25 – 36 $23.25/s.f. $6,275.56 37 – 48 $22.50/s.f. $6,073.13 49 – 60 $23.00/s.f. $6,208.08 The premises will be occupied by the court appointed monitor established under the Judgment Order (Dkt#606) issued in CV-07-02513-PHX-GMS and in accordance with the terms of a separate contract (C-50-14-053-M-00) with Warshaw & Associates, Inc.as the court appointed monitor. (C-50-14-054-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 25. PERMANENT TRANSFER AND CUSTODY OF SIX RETIRING CANINES Approve the permanent transfer and custody of six (6) retiring canines to their respective MCSO handlers as follows: Roger #K87 to Deputy J. Garcia #1434; Vato #K88 to Deputy A. Banuelos #1498; Erko #K104 to D.O. Suarez #A9238; Tate #K95 to Deputy D. Russell #1886; Radar #K100 to Sgt. McFarland #1344; and Blaze #k99 to Deputy Mike Milsaps. Approval of this item allows these dogs to become the personal property of the named deputies who will each be required to complete the Canine Program Release and Indemnity Agreement. These dogs have grown old and can no longer serve their purpose to the County or the Sheriff's Office. This item requires unanimous vote of the board. (C-50- 14-045-M-00) Motion to approve by a roll call vote by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Supervisor Kunasek said that these dogs will be retiring to their handler’s homes and so will be well taken care of after their years of service. Treasurer - Tesorero 26. AMENDMENT TO FIVE-YEAR TECHNOLOGY CAPITAL IMPROVEMENT PLAN In accordance with ARS 42-17106 (B), authorize the following amendment to the FY 2014 Non Departmental (470) Technology Capital Improvement Fund (460): a) Decrease the Project Reserve (PRSA) by $520,000 from $37,558.353 to $37,038,353. This funding was budgeted for the initial implementation of the Treasurer's Information Technology System Upgrade project. b) Create a new project and budget expenditure in the amount of $520,000 for a consultant to study and develop a scope of work for a new integrated Treasurer Technology System Upgrade. These actions will have a county-wide net impact of zero and they do not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to ARS 42-17105. Formal Meeting Minutes Wednesday, February 26, 2014 Page 31 of 66 Approval of this action allows the Treasurer's Office to bring on board a consultant to assist in the development of a scope of work for the new system upgrade. (C-43-14-027-2-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox JUDICIAL BRANCH - PODER JUDICIAL Justice Courts - Tribunales de Justicia 27. JUSTICE COURTS REQUEST FOR REVIEW OVER THRESHOLD Per the Board approved FY 2015 Budget Guidelines and Priorities, approve allowing the Office of Management & Budget to review the following request(s) over threshold: 1. Personal Services $3,139,688 (Operating expense, Fund 100, Priority #4) Fully Fund Budgeted FTE’s Due to Reduction in Salary Savings Increase to Temp Pay - On Call and ProTem Court Coverage Increase to Overtime Pay – Improve Customer Service /Case Mgmt./Cash Handling 2. Supplies & Services $1,197,480 aligns to FY 2013 Actual of $1,328,999 (Operating expense, Fund 100, Priority #4) Increase in Electronic Document Management System (EDMS) expenses - licensing, system maintenance Increase in cost of goods and services (i.e. paper, pens, office supplies) Ergonomic Request – Unfunded County Initiative Repairs & Maintenance - Enhance Customer Experience/Employee Ergonomics 3. Electronic Document Management System (EDMS) $500,000 (Non-Recurring expense, Fund 100, Priority #4) Initial Development of Phase II – Criminal and Misdemeanor Cases Change System Environment – Host OnBase Application Additional funding improves the Justice Courts ability to provided mandated judicial services to court users so they can obtain timely and economical justice within their community. (C-24-14-003-2-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Superior Court - Tribunal Superior 28. EXEMPTION FROM COUNTY MARKINGS AND ISSUANCE OF NON-GOVERNMENTAL LICENSE PLATES Approve an exemption from County markings and issuance of non-governmental license plates per A.R.S. § 38-538.03 for county vehicle #211401 issued to the Juvenile Probation Department (JPD), Juvenile Detention Alternative Unit in the area of the Juvenile Electronic Formal Meeting Minutes Wednesday, February 26, 2014 Page 32 of 66 Monitoring (JEM) Program as this vehicle is utilized in surveillance operations. Upon approval of this agenda item vehicle information including year, make, model and vehicle identification number will be provided to the Clerk of Board. This vehicle is assigned to JPD Surveillance Officers (SO) of the JEM Program. JPD SO’s, as part of the JEM Program, travel distances to monitor youth who are in the JEM Program to perform welfare checks as well as to assure that the electronic monitoring devices are working properly. To promote safety, these vehicles must be exempt from County markings and issuance of non-governmental license plates. (C-27-14-003-2-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 29. REPLACEMENT OF A ONE-TIME VEHICLE TO THE FLEET Approve a one-time addition to the County fleet for one (1) vehicle to be purchased by the Equipment Services Department for use by the Juvenile Probation Department (JPD) for a total cost not to exceed $29,000. This vehicle purchase is replacing a one-time vehicle purchase which was declared non salvageable due to an accident. Additional operating costs are estimated to be approximately $5,000 per fiscal year. Vehicle and operating costs will be absorbed in the JPD General Fund operating budget. In addition, approve an exemption from County markings and issuance of non- governmental license plates per A.R.S. § 38-538.03 as this vehicle will be utilized in surveillance operations. Markings are detrimental to the mission. Upon approval of this agenda item and the purchase of the vehicle, vehicle information including year, make, model and vehicle identification number will be provided to the Clerk of Board. This vehicle will be retired at the end of its useful life with no funding from the general fund for the replacement. This vehicle will be assigned to the Juvenile Detention Alternative unit in the area of Juvenile Electronic Monitoring unit where the Surveillance Officers are in the community monitoring minors through welfare checks. If this vehicle is not replaced, it would be a significant detriment to the unit as Surveillance Officers routinely go out in the field to perform the duties associated with their positions. (C-27-14-004-2-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Animal Care and Control Services - Servicios de Control y Cuidado de Animales 30. DONATIONS FROM GLENN LARNERD, CORNERSTONE ADVISORS, AND EBAY ENTERPRISE Accept monetary donations from Glenn Larnerd, Cornerstone Advisors, and Ebay Enterprise for the care of the animals. Donations received total $2,000. 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 Formal Meeting Minutes Wednesday, February 26, 2014 Page 33 of 66 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-79-14-103-D- 00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 31. NEW HOPE AGREEMENT WITH ARIZONA HUMANE SOCIETY Approve an Agreement between Arizona Humane Society, a 501 (c) 3 non-profit corporation, 1521 W Dobbins Rd, Phoenix, AZ 85041, and Maricopa County to allow Arizona Humane Society 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 80 new hope rescues over the term of the agreement, for a total of $3,280. The term of this Agreement is from July 1, 2013 through June 30, 2017. (C-79-14-105-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 32. ADMINISTRATIVE CORRECTION REGARDING DONATION FROM FIELDWORKS EVENT MARKETING Approve an administrative correction to the action taken by the Board on January 29, 2014 agenda C-79-14-093-P-00, which approved a donation in the amount of $4,492 from Fieldworks Event Marketing. “The purpose of this administrative correction is to reduce the donation by $2,292 to the amount actually received of $2,200.” All other aspects of the donation remain the same. (C-79-14-093-P-01) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Contract Counsel - Abogado de Contrato 33. PARTICIPATE IN FELLOWSHIP PROGRAMS WITH SANDRA DAY O’CONNOR COLLEGE OF LAW ARIZONA STATE UNIVERSITY Authorize the offices in Public Defense Services (PDS) to participate in Fellowship Program(s) with Arizona State University College of Law. With this agenda item, the Board of Supervisors is approving, in substantial form, a contract template to be executed by the individual Fellow(s) and supervising attorney(s) in the offices in PDS. The offices in PDS, if approved for this action, will be authorized to have “Fellow(s)” assigned from Arizona State University College of Law and to execute all necessary individual contracts through April 24, 2017. At that time, continued Board approval of the program may be requested. No compensation will be provided by Maricopa County to the Fellow(s). In providing services to a PDS office, the Fellow(s) shall be deemed to be volunteer(s) of the office. Experienced attorneys employed by the PDS offices will serve as the supervisors and mentors for Fellow(s) provided by Arizona State University. All services to be provided by the Fellow(s) shall be performed under the direct supervision, direction, and control of a supervising attorney. Suitable office space and administrative and other support services will be provided by the offices for the Fellow(s). The Fellow(s) shall be subject to all of the departmental policies, procedures, and practices except as provided with respect to Formal Meeting Minutes Wednesday, February 26, 2014 Page 34 of 66 compensation and benefits or as otherwise determined by the departments. Maricopa County shall cover the Fellow(s) and the services provided by the Fellow(s) under any applicable risk insurance policies on the same basis as a volunteer of the department. Approval of this agenda item will serve as Board authorization and acceptance of individual fellowship agreements entered into under the established Arizona State University College of Law Fellowship Program through April 24, 2017. Individual agreements between the University and the office(s) may allow for extensions or renewals. Approval of this agenda item will further serve as Board authorization and acceptance of the provisions of the agreements extended or renewed through April 24, 2017. There are no notable costs associated with the Fellowship Program; therefore there is no need for recovery of indirect costs. (C-56-14-007-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 34. PUBLIC DEFENSE SERVICES REQUEST FOR REVIEW OVER BUDGET THRESHOLD Per the Board approved FY 2015 Budget Guidelines and Priorities, approve allowing the Office of Management & Budget to review the following requests over threshold: • Demand Increase - Various Activities $9,821,942 (Operating Budget, Fund 100, Priority #4) • Open Case Volume Increase – Various Activities $1,865,841 (Operating Budget, Fund 100, Priority #4) • Capital Trial Case Resolution Reduction – Various Activities $2,220,140 (Operating Budget, Fund 100, Priority #4) • Capital Trial from Non-Recurring to Operating $3,085,523 (Operating Budget, Fund 100, Priority #4) • Capital Post-Conviction Relief Ongoing Expense from Backlog $943,846 (Non-Recurring Budget, Fund 100, Priority #4) • Electronic Discovery Storage and Viewing – Various Activities $46,889 (Operating Budget, Fund 100, Priority #4)* • Electronic Discovery Storage and Viewing – Various Activities $296,655 (Non-Recurring Budget, Fund 100, Priority #4)* • Litigation Support Staff and Software – All Staffed Departments $479,472 (Operating Budget, Fund 100, Priority #4)* • Public Defender Training Special Revenue Fund Balance – Various Activities $285,150 (Non-Recurring Budget, Fund 209, Priority #4)** • Fill the Gap Special Revenue Fund Balance – Various Activities $294,492 (Non-Recurring Budget, Fund 262, Priority #4)** Funding for growth in case demand and select open case volume increases is requested based on forecasted needs. *New funding is requested for technology-related issues resulting from policy changes in other departments and to meet demand for updated litigation technology needs. While these result in new positions, they do not involve the creation of new activities, but rather improve the efficiency and effectiveness of handling existing activities. **Budgeting of special revenue fund balances is requested to allow use of accumulated funds for activities as permitted by the funding source. If authorized to budget these funds, requested demand on the general fund will be reduced. (C-56-14-008-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Formal Meeting Minutes Wednesday, February 26, 2014 Page 35 of 66 Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Correctional Health - Salud Correccional 35. BUSINESS ASSOCIATE AGREEMENT WITH MARICOPA MERCY INTEGRATED CARE Approve an Agreement between Mercy Maricopa Integrated Care and Maricopa County through the Department of Correctional Health Services, for the purpose of entering into a Business Associate Agreement (BAA) per Health Insurance Portability and Accountability Act (HIPPA). This Agreement is non-financial and is effective from February 12, 2014 until February 11, 2017. Enter into a BAA with Mercy Maricopa Integrated Care, the new Maricopa County Regional Behavioral Health Care Agency. (C-26-14-003-3-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Emergency Management - Administración de Emergencia 36. GRANT FUNDS FROM ARIZONA STATE HOMELAND SECURITY FOR TRAINING AND EXERCISE Approve the application of grant funds from Arizona State Homeland Security, (FFY14SHSGP), in the not-to-exceed amount of $125,000.00 for the regional use of training and exercise funds for all the jurisdictions within Maricopa County. Authorize the Director to sign all documents related to these grant funds as applicable. This grant will be MOU'd to the Arizona Division of Emergency Management (ADEM) upon receipts of award letter. Indirect costs are not applicable since Emergency Management will not accept the grant funding. The Arizona Department of Emergency and Military Affairs will retain and manage the grant during the performance period. It is the intent of MCDEM to MOU the grant funds to the Arizona Department of Emergency Management and Military Affairs (DEMA) to retain and manage the money. The grant is intended to support training and exercises for local government within Maricopa County. DEMA has offered to be the fiduciary manager of the local training funds for the local government within Maricopa County since they have a Training and Exercise Division dedicated to the developing, maintaining, and managing all training classes and exercises for the State of Arizona. (C-15-14-007-G-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 37. GRANT FUNDS FROM ARIZONA STATE HOMELAND SECURITY FOR MARICOPA COUNTY WHOLE COMMUNITY PLANNER POSITION Approve the application of grant funds from Arizona State Homeland Security (FFY14SHSGP), in the not to exceed amount of $73,300.00 for the purpose of the Maricopa County Whole Community Planner position. The grant award begins on October 1, 2014 and ends on September 30, 2015. Authorize the Director to sign all documents related to these grant funds, as applicable. The grant does not allow for recovery of indirect costs. The amount of unrecoverable Indirect cost is $9,895.50. The Maricopa County Department of Finance has calculated the Department of Emergency Management's composite indirect cost rate at 13.5% or $9,895.50. (C-15-14-008-G-00) Formal Meeting Minutes Wednesday, February 26, 2014 Page 36 of 66 Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Facilities Management - Administración de Instalaciones 38. SETTLEMENT AGREEMENT RELATED TO HAIL DAMAGE TO COUNTY FACILITIES Approve the buyout settlement agreement with Travelers Indemnity Company in the amount of $1,877,505.06 for minor storm damaged items due to the hail storm event on October 12, 2010.These items continue to operate and function as required - damage is merely cosmetic. Each of the items in the buyout catalog has been assessed and inspected by Facilities Management personnel. In total, Travelers will pay Maricopa County $1,877,505.06 to comprehensively settle, and close out, all claims for any damage resulting from the hail storm event. The Buyout Agreement resolves, in total, the hail storm damage claim originally filed with Travelers Indemnity Company in October 2010. A complete list of all items damaged by the storm event and included in the settlement is attached. A great deal of repair and replacement work has occurred in the multiple locations, buildings, and properties owned by the County since the storm event. However, in the interest of saving both time and money for both parties, Travelers and the County have agreed to settle the costs of the repairing all remaining items. The parties have created a catalog of all the items that were damaged by the event and included in the settlement. Many of the items in the catalog were repaired and/or replaced, but some were not, as these items continue to operate and function as required - damage to these items is merely cosmetic. Each of the items in the buyout catalog has been assessed and inspected by Facilities Management personnel. A complete list of all items damaged by the storm event and included in the claim, are contained in the Hail Storm Buyout Catalog and attached. The buyout catalog lists the item; the reason for the buyout; the cost; the retail cash value (RCV); the agreed upon 30% depreciation of the RCV; and the resulting actual cash value (ACV) to be paid by Travelers. In total, Travelers will pay Maricopa County $1,877,505.06 to comprehensively settle, and close out, all claims for any damage resulting from the hail storm event. If items in the buyout catalog are damaged in a future event, Travelers will cover the loss if the damage necessitates replacement of the item. However, if the damage does not require replacement, for example is merely cosmetic or the item can be repaired, Travelers will not cover it as a loss under the policy and repairs are the responsibility of the County. The buyout is a cost-effective and efficient method to close out large, multifaceted claims and benefit both the insurance company and the insured. (C-70-14-005-M-00) Chairman Barney said he believed this provides a good resolution on this issue Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Finance - Finanzas 39. 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. Formal Meeting Minutes Wednesday, February 26, 2014 Page 37 of 66 Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Human Services - Servicios Humanos 40. APPROPRIATION ADJUSTMENT FOR HUMAN SERVICES DEPARTMENT GRANT BUDGET Approve an increase in the appropriated budget for Human Services (220) Human Services Grants Fund (222) Operating (0000) in the amount of $4,228,895 in revenues and expenditures as identified on the FY14 Grant Summary Worksheet on file in the office of the Clerk of the Board. The appropriation adjustment brings the Human Services Grant Fund budget to the amount of $46,277,703. The appropriation adjustment is necessary as the carry forward amounts of prior year grants and award amounts of new grants differ from the amount approved in the FY14 Budget Appropriation. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this budget adjustment does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. Detail of financial impact and grant summary worksheet are attached to be on file with the Clerk of the Board's Office and retained in accordance with ASLAPR approved retention schedule. (C-22-14-054-2-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 41. HUMAN SERVICES DEPARTMENT REQUEST FOR REVIEW OVER THRESHOLD Per the Board approved FY 2015 Budget Guidelines and Priorities, approve allowing the Office of Management & Budget to review the following request(s) over threshold: •Workforce Re-Entry Program, $1,028,891 (Operating expense, Fund 100, Priority #3) (C- 22-14-056-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 42. ACCEPTANCE OF A DONATION FROM SHARE OUR STRENGTH NO KID HUNGRY FOR PARTICIPATION BY HEAD START FAMILIES IN COOKING MATTERS CLASSES Accept a $1,500 monetary donation (grant) from the Share Our Strength, 1030 15th Street NW, Suite 1100W; Washington, DC 20005, a national non-profit organization for participation by Head Start families in Cooking Matters Classes for the program period through 7/30/2014. The purpose of the Cooking Matters Classes is to educate families at risk of hunger to cook healthy, affordable, and delicious meals as part of the Share Our Strength’s No Kid Hungry® campaign. The donation will be used to purchase supplies and training materials for Head Start nutrition staff to conduct classes for parents in the Formal Meeting Minutes Wednesday, February 26, 2014 Page 38 of 66 Maricopa County Head Start Zero-Five Program for a six week period. 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. Approval of this action does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall budget will be adjusted as necessary to accommodate this donation through a future reconciliation. This donation will not affect the County General Fund. (C-22-14-055-D-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 43. AMENDMENT TO LEASE AGREEMENT L-7330 WITH VINEYARD/KIOWA, LLC Approve, and authorize the Chairman to execute, Amendment No. 3 to Lease No. L-7330 with VINEYARD/KIOWA, LLC, an Arizona Limited Liability Company by PRESSON CORPORATION, an Arizona Corporation (“Lessor”) for use of 18,508 square feet of office space at 2150-1 South County Club Drive in Mesa, AZ. Amendment No. 3 will extend the term of Lease L-7330 for one year from June 1, 2014 through May 31, 2015 with options for the County to renew the lease agreement for four (4) additional one-year terms. The annual rental rate during the one-year renewal term is $323,890.00 ($17.50/s.f. or $26,990.83 per month) plus rental tax. The annual rental rates during the four option terms, if exercised by the County, will be as follows: First Option Term: $17.50/s.f. plus rental tax Second Option Term: $18.00/s.f. plus rental tax Third Option Term: $18.00/s.f. plus rental tax Fourth Option Term: $18.50/s.f. plus rental tax In addition, Amendment No. 3 grants the County the right to use up to three (3) reserved uncovered parking spaces at the leased premises for use by the County’s visitors, clientele, agents and guests. (C-22-03-110-4-03) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 44. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR WORKFORCE INVESTMENT ACT ACTIVITIES Approve financial Amendment #9 to the Intergovernmental Agreement (IGA) with Arizona Department of Economic Security (DES) (DE111009001) and Maricopa County, administered by its Human Services Department (HSD) for Workforce Investment Act activities. The purpose of this amendment is for DES to provide reallocated funds from Program Year 2011/FY12 to Maricopa County for Workforce Investment Act activities. DES will increase funding by $114,535 and the IGA reimbursement ceiling shall increase from $38,969,936 to $39,084,471. The funds are provided under the Workforce Investment Act (WIA) Title, 1B Federal Grant program. Funds will be utilized to purchase equipment to enhance program service delivery in the One-Stop Career Centers. The reallocated funds must be fully expended by May 31, 2014 and final expenditure report must be submitted to DES by June 30, 2014. Formal Meeting Minutes Wednesday, February 26, 2014 Page 39 of 66 Fiscal year 2014 Indirect cost rate is calculated at 18.8% of personnel costs only. Funds from this amendment will not be utilized for personnel costs, therefore Indirect costs will not be collected from this amendment. 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. This amendment is effective upon signature of both parties. All other terms and conditions of the IGA remain in full force and effect. The IGA contract term is April 1, 2010 and shall expire on August 31, 2015. Maricopa County, exclusive of the City of Phoenix, is a designated Local Workforce Investment Area (LWIA) under the federal Workforce Investment Act (WIA) of 1998. Maricopa County contracts with DES to provide Workforce Investment Act activities. (C-22- 11-021-3-09) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 45. PURCHASE AND OPERATING TRANSFER OF VEHICLES Approve the transfer of two 2012 Chevrolet Captiva vehicles (721202 & 721203). Approve a fund transfer of $40,642 from Human Services (220) Grant fund (222) operating to Non- Departmental (470) Detention Fund (255) operating to reimburse the Detention Fund for the transfer of vehicles to the Human Services Grant Fund. Annual operating and maintenance costs estimated at $2,450 each will be paid out of Human Services Workforce Development Division Fund. Funds for the purchase and operation costs of the vehicles will be provided through the U.S. Department of Labor Workforce Investment Act (WIA) Title, 1B Federal Grant passed- through the Arizona Department of Economic Security contract # ADES14-054318 C-22- 13-072-3-00. The Human Services Department administers the Workforce Investment Act (WIA) activities through the Workforce Development Division. Under WIA the division operates two One-Stop Career Centers: the East Valley One-Stop Career Center is located at 735 N. Gilbert Road Gilbert, AZ 85234 and the West Valley One-Stop Career Center is located at 1840 N. 95th Ave #160, Phoenix, AZ 85037. The vehicles will be located at the One- Stop Career Centers and will be used by staff as they are out in the community meeting with participants, community partners and employers. (C-22-14-050-V-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Justice Systems Planning - Planificación de Sistemas de Justicia 46. EXECUTIVE COMPENSATION PACKAGE Approve an Executive Compensation Package (ECP) for Melissa Kovacs, Justice System Planning and Information Manager. If approved, this ECP agreement will authorize a deposit of 80 hours of vacation time, 80 hours of sick leave to Ms. Kovacks’ leave balances Formal Meeting Minutes Wednesday, February 26, 2014 Page 40 of 66 and award her a Schedule #3 Leave Accrual Rate effective January 6, 2014. (C-31-14-021- 6-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Parks and Recreation - Parques y Recreación 47. NEW COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT WITH ALL WET SCUBA, LLC. Approve a new Commercial Management Concessions Agreement with All Wet Scuba that will allow this Concessionaire to manage, operate and maintain a commercial concession for scuba diving instruction and certification from the waters of Lake Pleasant Regional Park, within the Maricopa County Regional Park System. All Wet Scuba will provide a commercial concession offering scuba instruction and certification and, in doing so, this Concessionaire will be providing an additional service to the recreational public. The Concessionaire is responsible for all costs associated with the operation, maintenance, safety, as well as all licensing and permits. The term of this Agreement is from the Board of Supervisors’ approval through December 31, 2014, with ten (10) one (1) year automatic renewals, unless either party gives prior notice of intent not to renew. (C-30-14-021-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 48. NEW COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT WITH PLEASANT CRUISE, LLC. Approve a new Commercial Management Concessions Agreement with Pleasant Cruise, LLC that will allow this Concessionaire to manage, operate and maintain a commercial concession for boat tours and on-water taxi service from the waters of Lake Pleasant Regional Park, within the Maricopa County Regional Park System. (C-30-14-020-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 49. AMENDMENT TO COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT WITH CLIFF CREEK OUTFITTERS, INC. DBA DESERT VOYAGERS Approve Amendment One to the Commercial Management Concessions Agreement (CMCA) entered into between Maricopa County and Cliff Creek Outfitters, Inc., DBA Desert Voyagers, on March 27, 2012 (C-30-13-014-M-00). Amendment One will add a scope item to the agreement for the Concessionaire’s right to manage, operate, and maintain a stand-up paddle board based tour, from the waters of Lake Pleasant. (C-30-13-014-M-01) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 50. AMENDMENT TO COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT WITH ARIZONA OUTDOOR SPECIALIST, INC., DBA ARIZONA OUTBACK ADVENTURES Formal Meeting Minutes Wednesday, February 26, 2014 Page 41 of 66 Approve Amendment Two to the Commercial Management Concessions Agreement (CMCA) entered into between Maricopa County and Arizona Outdoor Specialist, Inc., dba Arizona Outback Adventures, on May 11, 2011 (C-30-11-041-3-00). Amendment One provided for automatic renewals, added an additional activity of kayak based tours and provided for administrative changes. This Amendment Two will add an additional scope for the Concessionaire’s right to manage, operate, and maintain a stand up paddle board based tour, from the waters of Lake Pleasant. (C-30-11-041-3-02) Motion to approve by Supervisor Chucri, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Procurement Services - Servicios de Adquisiciones 51. 13054-RFP, RYAN WHITE PART A SERVICES – MEDICAL AND NON-MEDICAL CASE MANAGEMENT SERVICES Approve the following solicitation serial items. The action on the following items is subject to Legal Counsel’s review and approval of the respective contracts and subsequent execution of contracts. Serial: 13054-RFP Item: Ryan White Part A Services – Medical and Non-Medical Case Management Services ($4,385,000.00 estimate / 5 Years With 5 One-Year Renewal Option until February 28, 2019) Recommendation for contract award to Area Agency on Aging, Chicanos Por La Causa, Ebony House and Southwest Center for HIV/AIDS for a period of five (5) years to provide Ryan White Part A Medical and Non-Medical Management Services, as requested by Maricopa County Ryan White Part A Program. This contract will be utilized by the requesting agency only. Area Agency On Aging, Region On Chicanos Por La Causa, Inc Ebony House, Inc. Southwest Center For HIV/AIDS (C-73-14-042-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 52. 13137-RFP, BUILDING & CONSTRUCTION PLAN REVIEW SERVICES Approve the following solicitation serial items. Serial: 13137-RFP Item: Building & Construction Plan Review Services ($1,950,000.00 estimate / 3 Years With 3 One-Year Renewal Option until February 28, 2017 (Eff. 03/01/14)) Contract award for building and construction plan review services for compliance with applicable codes and regulations by Planning and Development. Bureau Veritas North America Stantec Consulting Services Inc (C-73-14-041-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Formal Meeting Minutes Wednesday, February 26, 2014 Page 42 of 66 Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 53. 13152-CMR, OET ZONE 2 REFRESH DOWNTOWN CMR (PHASE II) Approve and authorize the execution of a Phase II, Construction Manager at Risk (CMR), Construction Services Contract between Maricopa County and DPR Construction, Phoenix, Arizona, in an amount not-to-exceed $2,569,586.00, to provide general construction services for refreshing architectural, mechanical, and electrical upgrades in support of the OET Zone 2 Refresh Downtown project. (C-73-14-039-5-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 54. 13123-RFP, TREASURER'S INFORMATION SYSTEM (TIS) CONSULTANT Approve the following solicitation serial items. Serial: 13123-RFP Item: Treasurer’s Information System (TIS) Consultant 3 years with options not-to-exceed 5 years in total. Approve a contract with Grant Thornton in the amount of $1,027,800.20 for consulting services for the Treasurer’s Office. (C-73-14-037-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Public Health - Salud Pública 55. NOTICE OF GRANT AWARD WITH HEALTH RESOURCES AND SERVICES ADMINISTRATION FOR SOUTH PHOENIX HEALTHY START PROGRAM Approve the Notice of Grant Award (NGA) No. (H49MC00174-13-00) from Department of Health and Human Services Health Resources and Services Administration (HRSA) to Maricopa County through its Department of Public Health to provide funding for the South Phoenix Healthy Start Program for eliminating disparities in perinatal health. This NGA funding is for $132,000, for the budget period beginning February 1, 2014 through January 31, 2015. The grant term is June 1, 2002 through January 31, 2015. The Department of Public Health’s indirect rate for FY 2013-14 is 15%. HRSA allows for only 10% indirect cost reimbursement. Full indirect costs are estimated at $18,000 of which $12,000 is allowable and $6,000 is unallowable. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-86-02- 165-2-23) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 56. GRANT AGREEMENT WITH ARIZONA EARLY CHILDHOOD DEVELOPMENT AND HEALTH BOARD, FIRST THINGS FIRST FOR SERVICE COORDINATION OF FINDHELPPHX WEBSITE Formal Meeting Minutes Wednesday, February 26, 2014 Page 43 of 66 Approve Grantee Agreement (GRA-MULTI-14-0687-01) between Arizona Early Childhood Development and Health Board (AECDHB), First Things First (FTF) and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding to support the ongoing development and staffing of the existing FindHelpPhx.org website operated by MCDPH. The fund not-to-exceed amount is $100,000 for a six (6) month contract period, January 1, 2014 through June 30, 2014, with an option for renewal for one (1) additional twelve (12) month period. The term of the contract is January 1, 2014 through June 30, 2015. This Grant deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect cost reimbursement as delegated in the Grant Agreement. MCDPH indirect rate for FY2013-2014 is 15%. The full indirect costs are estimated at $13,636 of which $9,091 is recoverable and $4,545 is unrecoverable. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this grant will be provided by First Things First and will not affect the County general fund. (C-86-14-087-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 57. AMENDMENT TO LEASE AGREEMENT WITH SANTOS C. NIETO, SR. FOR A PUBLIC HEALTH WIC CLINIC Approve and execute Amendment No. 4 to Lease Agreement No. L-7225 Between Santos C. Nieto, Sr. and Maricopa County for 1,920 square feet of office and clinic space located at 9206 South Avenida Del Yaqui, Guadalupe, AZ. The Lease rental term is hereby extended for eight (8) months, commencing March 1, 2014 and expiring October 31, 2014, at a flat rate of $13.83 per square foot or $17,702.40, plus rental tax. This item was endorsed by the Facilities Review Committee during February of 2014. (C- 86-96-072-4-04) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 58. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HIV PREVENTION SERVICES Approve Amendment No. 2 to Intergovernmental Agreement (IGA) Contract No. ADHS12- 016584, HIV Prevention, between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH) to provide grant funding for HIV Surveillance Services. This amendment is in the amount of $58,063 not-to-exceed contract total of $115,808 for the budget period January 1, 2014 through December 31, 2014. The term of the agreement is January 1, 2012 through December 31, 2016. Formal Meeting Minutes Wednesday, February 26, 2014 Page 44 of 66 This grant deviates from County policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 15% salaries and employee related expenses indirect cost reimbursement. Salaries and employee related expenses are estimated to be $46,761. The Department of Public Health’s indirect rate for FY2013-2014 is 15%. Total indirect expenses based on full award are estimated to be $7,634 of which $7,014 is recoverable and $620 is not recoverable. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-13-003-3-02) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 59. AMENDMENT TO IGA WITH THE ARIZONA DEPARTMENT OF HEALTH SERVICES FOR THE NURSE-FAMILY PARTNERSHIP FOR MIECHV PROGRAM Approve Amendment No. 2 to Intergovernmental Agreement (IGA) (ADHS12-023491) between the Arizona Department of Health Services (ADHS) and Maricopa County through its Department of Public Health (MCDPH) to provide increased funding for the Nurse Family Partnership for Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program. The increased funding not-to-exceed amount is $360,700.74, bringing $1,233,545.39 to $1,594,246.13, for the budget period October 1, 2013 to September 30, 2014. The Contract term is May 1, 2012 through April 30, 2017. The Department of Public Health FY 2013-14 indirect rate is 15%, therefore $102,202 is allowable and fully recoverable. Payments to sub-recipients in the amount of $450,000 are not subject to the indirect rate per OMB Circular A-87. The Department of Public Health has provided Nurse Family Partnership services to the public since May 2012 and serves over 2,800 cases annually. (indirect for this amendment is $47,048, fully recoverable. There is no pass thru with the additional funding) Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this grant will be provided by ADHS and will not affect the County general fund. (C-86- 12-082-3-04) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 60. AMENDMENT TO NOTICE OF GRANT AWARD WITH U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES ADMINISTRATION FOR HEALTH CENTER CLUSTER Approve Amendment No. 34 to Notice of Grant Award (NGA) H80CS00044-13-01, Health Center Cluster from the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA) to Maricopa County by and through its Department of Public Health, Healthcare for the Homeless (HCH) Program to provide Formal Meeting Minutes Wednesday, February 26, 2014 Page 45 of 66 healthcare for homeless individuals. This grant award authorizes a one-time supplemental funding for federal assistance in the amount of $64,641, with a total approved budget of $2,644,870.00. This budget period is from November 1, 2013 through October 31, 2014. The project period is from November 1, 2001 through October 31, 2017. The Department of Public Health’s indirect rate for FY 2013-2014 is 15%. Total indirect expenses are estimated at $8,431. 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 U.S. Department of Health and Human Services and will not affect the County’s general fund. By accepting these funds MCDPH can continue providing healthcare services for the homeless of Maricopa County. (C-86-02- 073-2-33) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 61. FACILITY USE REVOCABLE LICENSE AGREEMENT FOR P50246 WITH EMPOWERMENT SYSTEMS, INC. FOR CLIENT OUTREACH SERVICES Approve full service Facilities Use/Revocable License Agreement (FURL) (P50246) between Empower Systems, Inc. (ES), Contactor, and Maricopa County, a political sub- division of the State of Arizona (County), by and through its Department of Public Health (MCDPH), Women, Infant and Children (WIC) Services to provide assistance with enrollment into Kids Health Links Program to underserved WIC eligible children ages zero (0) to five (5), their families and pregnant women. The term of this Agreement is for two (2) years and shall commence February 26, 2014 through February 25, 2016. Also, ES will provide assistance at six (6) County owned spaces as indicated on Exhibit “A” as follows: 1). Greenfield WIC Clinic, 4419 E. Main St, Mesa, AZ 85205 2). Mesa WIC Clinic, 430 N. Dobson Rd., #111, Mesa, AZ 85021 3). Downtown WIC Clinic, 1645 E. Roosevelt, Phoenix, AZ 4). North Valley WIC Clinic, 19401 N Cave Crk Rd, Ste 8, Phoenix, AZ 85024 5). St. Mary's WIC Clinic, 3003 W. Thomas Rd, Phoenix, AZ 85017 6). Seventh Ave WIC Clinic, 1260 S. 7th Ave, Phoenix, AZ 85007 This FURL also allows for the Contractor use of clinic spaces as scheduled on Exhibit “A”. The Contractor agrees to provide the services at no cost to the County and the recipients. County agrees to provide access without monetary remuneration. (C-86-14-086-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 62. FACILITY USE REVOCABLE LICENSE AGREEMENT FOR P50238 WITH KEOGH HEALTH CONNECTION FOR CLIENT OUTREACH SERVICES Approve full service Facilities Use/Revocable License Agreement (FURL) (P50238) between Keogh Health Connection (KHC), Contactor, and Maricopa County, a political sub-division of the State of Arizona (County), by and through its Department of Public Formal Meeting Minutes Wednesday, February 26, 2014 Page 46 of 66 Health (MCDPH), Women, Infant and Children (WIC) Services to provide assistance with enrollment into Department of Economic Services (DES), Arizona Health Care Cost Containment Systems (AHCCCS), Food Stamps and Cash Assistance services to underserved WIC eligible children ages zero (0) to five (5), their families and pregnant women. The term of this Agreement is for two (2) years and shall commence February 26, 2014 through February 25, 2016. Also, KHC will provide assistance at eight (8) County owned spaces as indicated on Exhibit “A” as follows: 1). Glendale WIC Clinic, 5141 W. Lamar Rd, Glendale, AZ 85301 2). St. Mary’s WIC Clinic, 3003 W. Thomas Rd., Phoenix, AZ 85017 3). Downtown WIC Clinic, 1645 E. Roosevelt, Phoenix, AZ 4). Broadway WIC Clinic, 635 E Broadway Rd, Mesa, AZ 85204 5). Greenfield WIC Clinic, 4419 E. Main St, Mesa, AZ 85205 6). Mesa WIC Clinic, 430 N. Dobson Rd., #111, Mesa, AZ 85021 7). Chandler WIC Clinic, 3002 N Arizona Ave. #13, Chandler, AZ 85225 8). Guadalupe WIC Clinic, 9206 S Avenida del Yaqui, Guadalupe, AZ 85283 This FURL also allows for the Contractor use of clinic spaces as scheduled on Exhibit “A”. The Contractor agrees to provide the services at no cost to the County and the recipients. County agrees to provide access without monetary remuneration. (C-86-14-085-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Kunasek Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Real Estate - Bienes Raíces 63. AUTHORIZE APPLICATIONS TO THE BUREAU OF LAND MANAGEMENT FOR SPECIAL-USE AUTHORIZATION FOR WIRELESS COMMUNICATION FACILITIES Approve submittal of applications to United States Bureau of Land Management for obtaining authorization associated with establishing wireless communication facilities on Bureau of Land Management property at Smith Peak, Oatman Mountain, White Tank Mountain East, and White Tank Mountain West. Also, authorize the Senior Manager of the County’s Wireless Radio Department to execute and process the subject application documents on behalf of Maricopa County. As part of the County’s Radio System Upgrade Project, the subject applications with the U.S. Bureau of Land Management (BLM) are the first step in establishing authority to allow the County to develop wireless radio facilities on BLM land at Smith Peak, Oatman Mountain, White Tank Mountain East and White Tank Mountain West. As part of the BLM application process, the County may be required to reimburse BLM for some costs associated with research, appraisals, environmental studies, plan review, document preparation, meetings, inspections, as-built review, project close-out and other costs associated with processing the subject applications. Subsequent Board of Supervisors agenda items will be submitted to obtain Board authorization for cost reimbursement to BLM as applicable for the individual applications for the subject sites. (C-18-14-009-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Transportation – Transportación 64. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements, right-of-way documents, and relocation assistance for highway and public Formal Meeting Minutes Wednesday, February 26, 2014 Page 47 of 66 purposes as authorized by road file resolutions or previous Board of Supervisors’ action. (C-06- 14-312-7-00) a) Project No.: TT347 – Northern Avenue Parkway II (Dysart Road to D22493 111th Avenue) – Temporary Construction Easement and Agreement (PP) for Highway Purposes – Assessor’s Parcel #: 501-46-003R – Hanson Pipe & Precast, LLC – for the sum of $10,600.00. b) Project No.: TT439 – Alma School and Michigan Avenue D22809 (Intersection Improvement) – Traffic Signal Installation and (KR) Maintenance Agreement – Assessor’s Parcel #: 303-59-597 – Pima Utility Company, Inc. – for the sum of $550.00. c) Project No.: TT445 – New River Road Trail Crossing (Linda Lane to D22813 Mariola Way) – Warranty Deed – Assessor’s Parcel #: 211-70-001S (GL) – Larson Rentals, LLC – for the sum of $1,834.00. d) Project No.: TT445 – New River Road Trail Crossing (Linda Lane to D22813- Mariola Way) – Temporary Construction Easement and Agreement 1 for Highway Purposes – Assessor’s Parcel #: 211-70-001S – (GL) Larson Rentals, LLC – for the sum of $31.00. e) Project No.: TT445 – New River Road Trail Crossing (Linda Lane to D22813 Mariola Way) – Purchase Agreement and Escrow Instructions – (GL) Assessor’s Parcel #: 211-70-001S – Larson Rentals, LLC. f) License Agreement for Rain Gauge Station – Licensor: Maricopa (NC) County Department of Transportation – Licensee: Flood Control District of Maricopa County. Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Clerk of the Board - Secretaria de la Junta 65. RESOLUTION APPROVING PUBLIC FINANCE AUTHORITY, WISCONSIN CHARTER SCHOOL REVENUE BONDS (VERTEX NON-PROFIT ORGANIZATION PROJECT) Resolution approving, solely for purposes of satisfying the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance by Public Finance Authority, Wisconsin of not to exceed $39,261,000 of its Charter School Revenue Bonds at the request of Vertex Non-Profit Organization for facilities located in the Town of Gilbert, Arizona. The Public Finance Authority, Wisconsin proposes to issue its Charter School Revenue Bonds at the request of Vertex Non-Profit Organization, a Utah not-for-profit corporation in a principal amount not to exceed $39,261,000 and to loan the proceeds from the sale of the Bonds to Vertex; for the purpose of financing the acquisition, construction, Formal Meeting Minutes Wednesday, February 26, 2014 Page 48 of 66 reconstruction, renovation, equipping and/or any other capital expenditures and related expenses, as applicable of charter school educational facilities. One such charter school facility being the Classics and Four Arts Academy located at the southeast corner of the intersection of Recker Road and Warner Road, Gilbert, Maricopa County, Arizona (Maricopa County Project). Maricopa County is a governmental unit having jurisdiction over the area in which the Maricopa County Project will be located and Maricopa County is a governmental unit which must approve the issuance of the Bonds for the purpose of satisfying the requirements of Section 147(f) of the Internal Revenue Code. The Bonds will be special limited obligations of the Authority and will not be a debt, obligation or liability of Maricopa County. (C-18-14-008-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 66. APPOINTMENT TO THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY Approve the appointment of Supervisor Clint Hickman, District 4, to the Regional Public Transportation Authority (RPTA), Board of Directors. The term of the appointment will be effective as of the date of Board approval through December 31, 2014. (C-06-14-304-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 67. APPOINTMENT TO THE SELF-INSURED BENEFITS TRUST FUND, BOARD OF TRUSTEES Approve the appointment of Frank Hinds to the Self-Insured Benefits Trust Fund, Board of Trustees representing Supervisorial District 4. The term of the appointment will be from the date of Board approval through February 24, 2015. (C-06-14-305-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 68. REAPPOINTMENT TO THE MERIT SYSTEM COMMISSION Approve the reappointment of David Hernandez to the Merit System Commission representing Supervisorial District 5. The term of appointment will be effective as of the date of Board approval through December 31, 2017. (C-06-14-306-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 69. REAPPOINTMENT TO THE MERIT SYSTEM COMMISSION Approve the reappointment of William Lally to the Merit System Commission representing Supervisorial District 1. The term of appointment will be effective as of the date of Board approval through December 31, 2017. (C-06-14-307-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Formal Meeting Minutes Wednesday, February 26, 2014 Page 49 of 66 70. REAPPOINTMENT TO THE CORRECTIONS OFFICER RETIREMENT PLAN LOCAL BOARD Approve the reappointment of Candice Copple as the Chairman's Designee to the Corrections Officer Retirement Plan Local Board. Ms. Copple will serve as the Chairman of the local board. The term of the appointment will be effective as of the date of the Board approval through December 31, 2018. (C-06-14-308-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 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~ Clerk of the Board - Secretaria de la Junta 71. RE-SET THE PUBLIC HEARING DATE FOR THE PATENT EASEMENT ABANDONMENT ORDINANCE Set a public hearing for May 7, 2014, for the Patent Easement Abandonment Ordinance. This action affects all Supervisorial Districts. The purpose of this ordinance is to establish procedures and guidelines for property owners to request the abandonment of Patent Easements under certain defined conditions. The Federal Small Tract Act of 1938 created easements for roadway and utility purposes on parcels conveyed under the Act, generally referred to as “Patent Easements.” States have the authority to abandon these Patent Easements. A.R.S. §11-251.16, effective September 13, 2013, grants to Arizona counties authority to abandon these Patent Easements. There will be an initial review fee of $250, credited against the full fee of $1,600 if the property owner proceeds with a full review. The Transportation Advisory Board (TAB) recommended approval at their January 21, 2014 meeting. (This action re- sets the hearing date which was originally set for April 9, 2014, under agenda item C-64- 14-082-M-00 on the February 12, 2014, agenda.) (C-06-14-310-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Planning and Development - Planificación y Desarrollo 72. PLANNING AND ZONING HEARINGS Schedule the following items for public hearing at the March 12, 2014 Board Meeting: Z2013068 - Special Use Permit, Wireless Communication Facility - PHO Gun Powder - District 3 Z2011075 - Major Amendment, Special Use Permit - Rainbow Valley Landfill - District 5 (C- 44-14-056-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Formal Meeting Minutes Wednesday, February 26, 2014 Page 50 of 66 Transportation – Transportación 73. ROAD FILE NO. A-488 Set a hearing for March 26, 2014 for Road File No. A488 to Open and Declare the following described alignments into the County Transportation System. (Said roadway alignments also known as 121st Avenue from Beginning of Maintenance to Southern Avenue, all lying in Supervisor District 5.) (C-64-14-084-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 74. ROAD FILE NO. A-501 Set a hearing for March 26, 2014 for Road File No A501 to Open and Declare the following described alignments into the County Transportation System. (Said roadway alignments also known as La Salle Road from 16th Street to 20th Street, all lying in Supervisor District 3 and in an unincorporated area.) (C-64-14-086-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 75. ROAD FILE NO. A-503 Set a hearing for March 26, 2014 for Road File No. A503 to Open and Declare the following described alignment into the County Transportation System. (Said roadway alignment also known as Broadway Road from 51st Avenue to 43rd Avenue, lying in Supervisor District 5.) (C-64-14-085-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Public Health 76. SETTING OF HEARING FOR TUBERCULOSIS (TB) TESTING HEALTH CARD FEES Pursuant to A.R.S. §11-251.13, set a public hearing for May 7, 2014 to solicit comments and consider adopting an increase to the TB Testing for Health Card. Upon close of the hearing, take action on the fee increases for both a Two-Step TB skin test and a TB blood test, will become effective May 7, 2014. The Department of Public Health requests a public hearing and comment regarding a fee increase for the Two-Step TB Testing for Health Card which would include two (2) TB skin tests and a Health Card. The new fee would be $130. More frequently, the public is requesting a Two-Step TB Testing and Health Card because there are public schools that are requiring students to obtain the two-step TB test. In addition, the Department of Public Health is requesting a public hearing and comment regarding a fee increase for a Health Card for blood test for either a T-Spot which is a blood test to diagnose TB or a Quantiferon (QFT) which is also a blood test to diagnose TB. The new fee would be $110. With the fee increase, the Department would include the Health Card and an individual can retrieve electronically. (C-86-14-076-M-00) Formal Meeting Minutes Wednesday, February 26, 2014 Page 51 of 66 Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 77. CANVASS OF ELECTION FOR ELECTRICAL DISTRICT NO. 7 (8) CORRECTED ON FEBRUARY 24, 2014 Pursuant to A. R. S. §16-642(B), accept the canvass of the election held on January 11, 2014, submitted by special district Electrical District No. 8. (C-06-14-302-M-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 78. 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. List is on file in the Clerk of the Board’s Office and retained in accordance with ASLAPR approved retention schedule. (C-06-14-315-7-00) Name Warrant # Amount Patrick J. Baysinger 22120594 353.00 Maggi Parker 140051264 1,470.81 Hannah Schuler 140042902 1,346.53 Cengage Learning 440017020 3,753.45 TA Ticket Printing, LLC 440029751 34.73 Deutsch Architecture Group 340011873 12,118.40 Marisa L. Gonzalez 22122259 436.00 Robert L. Lieske 22120285 220.00 Beatriz A. Barajas Williams 22121670 176.00 Guadalupe Flores 22122192 282.00 Akes Family Funeral Home 340015799 500.00 Brianna Jackson 140060730 344.57 Morgan's Napa 440058148 1,461.21 Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 79. MARKET RANGES Pursuant to A.R.S §§11-251.38 and 251.51, approve the addition and/or replacement of Market Ranges to the authorized comprehensive listing of employee compensation Market Ranges previously approved by the Board of Supervisors and approve the addition and/or replacement stipends for management/professional assignments (MPA). Ranges: Formal Meeting Minutes Wednesday, February 26, 2014 Page 52 of 66 Educator Assistant: $10.07-$15.09 ($20,946-$31,387) Warehouse/Inventory Specialist: $13.38-$21.33 ($27,830-$44,366) Warehouse/Inventory Specialist Lead: $17.10-$23.51 ($35,568-$48,901) Warehouse/Inventory Supervisor: $19.86-$28.75 ($41,309-$59,800) MPA Biweekly Stipends: n/a (C-31-14-022-6-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 80. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held December 2, 2013; December 4, 2013; December 9, 2013; December 11, 2013. Subsequent agenda or minute entries will not be generated for the approval of these minutes. (C-06-14-298-7-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 81. 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-06-14-314-7-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 82. SECURED/UNSECURED TAX ROLL CORRECTIONS Pursuant to A.R.S. §§42-15155, 16002, 16215, 16258, and 19118, approve requests from the Assessor for corrections of the Secured Tax Rolls Resolutions. This reflects actual tax dollar corrections to the County tax rolls due to administrative corrections of the Assessor and as a result of property tax appeals. (C-06-14-318-7-00) Phase Tax Year Tax Difference Number 2010 0348 -42,814.48 2011 0238 -268,448.00 2012 0151 -114,826.58 2013 0041 -79,824.68 2010 0363 -154,271.74 2011 0240 -221,690.78 2012 0153 -329,283.12 2013 0043 -181,143.34 2013 0045 -153,909.08 2009 0424 41,221.44 2010 0349 -8,776.38 Formal Meeting Minutes Wednesday, February 26, 2014 Page 53 of 66 2010 0364 73,022.92 2011 0239 3,791.00 2011 0241 107,783.18 2012 0152 4,913.44 2012 0154 246,411.04 2013 0042 -20,662.32 2013 0044 -15,705.20 Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox 83. 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. 2010: TX2010-000283; TX2010-001321 2011: TX2010-000732; TX2010-001370 2012: TX2011-000578; TX2011-000612; TX2011-000836; TX2011-000892; TX2011- 000915; TX2011-000955 2013: ST2013-000454; ST2013-000605; TX2012-000075 2013 / 2014: ST2013-000169; ST2013-000613; ST2013-000618; ST2013-000670 2014: ST2013-000075; ST2013-000177; ST2013-000178; ST2013-000204; ST2013- 000486; ST2013-000521; ST2013-000543; ST2013-000581; ST2013-000584; ST2013- 000589; ST2013-000693; ST2013-000694; ST2013-000696 (C-06-14-303-7-00) Motion to approve by Supervisor Kunasek, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 84. 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 Formal Meeting Minutes Wednesday, February 26, 2014 Page 54 of 66 público es a discreción del Presidente.) Christine Porter, resident, said she is the victim of corruption in the Probate Court, reporting that $300,000 was taken out of her late husband’s trust for services neither needed nor desired. It was authorized by former Commissioner Lindsey Ellis. She charged that this was fraud by the court and it was well known by all members of the Board of Supervisors. She asked the Board to compensate her for her losses. 85. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Wilcox commented on the 50th anniversary of Phoenix International Raceway saying they would be celebrating with some big races on this coming weekend. She reported that the racetrack brings in more money for the County and State than the Super Bowl does every year. She also announced that on Friday, February 28th, she will be at the new Goodyear library with Supervisor Hickman for the opening of the facility. She met with auditors for National Head Start representing the board. She also read an announcement from the U.S. Senate that Maricopa County’s Head Start has been designated as a Quality Initiative Program of Excellence. Ms. Wilcox announced the Pioneer Cemetery event also on this next weekend and explained the history of the cemetery. She reminded Members that the upcoming NACO conference in Washington D.C. will also be held this coming weekend. Supervisor Hickman reported on the library opening and said he had invited former Supervisor Max Wilson to attend it because he worked on this project during his time on the Board. He voiced the reminder that Luke Air Force Days will be on March 14, 2014, and he and Supervisor Kunasek will attend to watch the Thunderbirds over flight. He said Luke AFB is a gigantic economic driver for the West Valley. County Manager Tom Manos reported that Cindy Kelley, Outside Counsel, has been assigned to work with the County last couple of months and had provided enormous help to his staff and the Clerks staff. He thanked her for all her work. BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES Management and Budget A-1. EXPENDITURE APPROPRIATION ADJUSTMENTS FOR IT MARKET STUDY Pursuant to A.R.S. 42-1706(b), approve the following transfers for expenditure authority in FY 2014: 1. Increase the FY 2014 General Fund (100) expenditure budgets by the amount indicated for the departments and function classes listed under the General Fund (100) heading on the attached schedule. Offset these increases by a decrease to the Non Departmental (470) General Fund (100) Operating Other Programs (4712) Compensation Market and Merit line by $904,962 for a net impact of zero. Formal Meeting Minutes Wednesday, February 26, 2014 Page 55 of 66 2. Increase the FY 2014 Detention Fund (255) expenditure budgets by the amount indicated for the departments and function classes listed under the Detention Fund (255) heading on the attached schedule. Offset these increases by a decrease to the Non Departmental (470) Detention Fund (255) Operating Other Programs (4712) Compensation Market and Merit line by $21,152, for a net impact of zero. 3. For the departments and special revenue funds listed under the Special Revenue Funds heading on the attached schedule, increase the FY 2014 operating revenue and expenditures budgets by the amounts indicated on the attached schedule. Offset these increases by decreasing the Non Departmental (470) Non Departmental Grants (249) Operating expenditures by $131,177 and revenue by $59,029, for a net impact of zero. These changes are necessary to appropriate funding to department budgets for the IT Market Range Adjustments implemented January 6, 2014. (C-49-14-041-2-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Employee Benefits & Health A-2. AFFILIATION CHANGE FOR THE RYAN WHITE PLANNING COUNCIL Approve the following affiliation change for the Phoenix EMA Ryan White Planning Council as recommended by the County Manager: Correct the record to reflect that Council member Keith Thompson represents an Institutional Member, effective March 1, 2014. (C-39-14-026-9-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Clerk of the Board A-3. SALE OF MOBILE HOME Approve the sale of a 1996 Southern Mobile Home/ Tax ID 97374951 to Joel Mendoza Aguirre. The mobile home is currently located at 1001 N. 43rd Avenue, Lot #327, Phoenix, AZ. No offers to purchase this mobile home were received at the Sheriff's Personal Property Sale. The mobile home will be sold as is and where is for $1,010.77, with any valid liens, encumbrances, or possessory rights against the mobile home remaining in effect. A condition of the sale is that the County's standard Release and Agreement shall be executed by the buyer. Proceeds from the sale shall be deposited in the General Fund for disbursement to the applicable taxing authorities. (C-06-14-319-M-00) Clerk of the Board Fran McCarroll noted that item A-3 is for the sale of a mobile home and said that no additional bids have been received. She asked if anyone present at the meeting wished to bid on this home, and there was no response. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Waste Resources and Recycling A-4. WASTE RESOURCE AND RECYCLING REQUEST FOR REVIEW OVER THRESHOLD Formal Meeting Minutes Wednesday, February 26, 2014 Page 56 of 66 Per the Board of Supervisor approved FY 2015 Budget Guidelines and Priorities, approve allowing the Office of Management & Budget to review the following requests over threshold. •New FY15 funding for one-time major for construction, replacement and/or repair to fencing surrounding 10 closed county landfills. ($25,000.00, Non-recurring expense, F100, Priority #3) •Maintain compliance with Arizona Department of Environmental Quality regulations by replacing and/or refurbishing gas probes at 4 county closed landfills. ($160,000.00 Non- recurring expense, F100 Priority #4) •Maintain compliance with Arizona Department of Environmental Quality regulations by conducting a drainage assessment of the closed Avondale landfill. ($150,000.00 Non- recurring expense, F100 Priority #4) •Replace truck 31850 according to Maricopa County Equipment Services suggestion. ($45,000.00, Non-recurring expense, F100, Priority #2) •New survey/topographical mapping of strategic landfills to document compliance with Arizona Department of Environmental Quality approved closure grading. ($25,000.00, Non- recurring expense, F100 Priority #2) This Agenda Item impacts all Supervisorial districts. (C-67-14-004-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Clerk of the Board A-5. REAPPOINTMENT TO THE BOARD OF ADJUSTMENT AND DRAINAGE REVIEW BOARD Approve the reappointment of Garry Hays to the Board of Adjustment and the Drainage Review Board representing Supervisorial District 1. The term of the appointment will be effective as of February 6, 2014 through February 5, 2018. (C-06-14-309-7-00) Chairman Barney thanked Garry Hays for accepting this reappointment. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Clerk of the Board A-6. WIGWAM JOINT VENTURES V. MARICOPA COUNTY, TX2009-001067, TX2010-000685 Authorize an offer of judgment regarding Wigwam Joint Ventures v. Maricopa County, TX2009-001067, TX2010-000685 (consolidated), as follows: (C-06-14-320-M-00) Tax Year 2009 $48,017,700 (no change) Tax Year 2010 $36,200,000 Tax Year 2011 $26,700,000 Formal Meeting Minutes Wednesday, February 26, 2014 Page 57 of 66 This matter was heard in Executive Session on February 24, 2014. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Clerk of the Board A-7. SPECIAL EVENT LICENSE FOR ST. DOMINIC MISSION OF THE VERDES Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by James G. Urban for St. Dominic Mission of the Verdes the at 19201 East Rio Verde Drive, Rio Verde, Arizona 85263 to be held on Saturday, March 8, 2014 from 4:00 PM to 8:00 PM. (Supervisorial District #3) (C-06-14-317-L-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Clerk of the Board A-8. SALE OF MOBILE HOME Approve the sale of a 1977 Buena Casa Mobile Home/Tax ID 96161896 to Bliss Homeownership II, LLC. The mobile home is currently located at 1001 N. 43rd Avenue, Lot #21, Phoenix, AZ. No offers to purchase this mobile home were received at the Sheriff's Personal Property Sale. The mobile home will be sold as is and where is for $ 683.48, with any valid liens, encumbrances, or possessory rights against the mobile home remaining in effect, for $683.48, or for the highest bid made and paid at the meeting. A condition of the sale is that the County's standard Release and Agreement shall be executed by the successful bidder. Proceeds from the sale shall be deposited in the General Fund for disbursement to the applicable taxing authorities. (C-06-14-316-M-00) Clerk of the Board Fran McCarroll noted that item A-8 is for the sale of a mobile home and said that no additional bids have been received. She asked if anyone present at the meeting wished to bid on this home and there was no response. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox County Attorney A-9. MARICOPA COUNTY V. CHARLES R. RUSH, ET AL, CV2012-007761 Authorize counsel to submit an Offer of Judgment in Maricopa County v. Charles R. Rush, et al, CV2012-007761 (consolidated) in the total amount of $1,275,000.00, plus statutory interest, to be allocated among the Defendants as follows: Rush: $375,000; Kessler: $400,000; and Rahm: $500,000. This matter was heard in Executive Session on February 24, 2014. (C-19-14-039-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox MEETING ADJOURNED Formal Meeting Minutes Wednesday, February 26, 2014 Page 58 of 66 There being no further business to come before the Board, the meeting was adjourned. ________________________________ Denny Barney, Chairman of the Board Attest: _____________________________ Fran McCarroll, Clerk of the Board IMPROVEMENT DISTRICT AGENDA AGENDA DE DISTRITO DE MEJORAMIENTO The Board of Directors of the Improvement Districts of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, February 26, 2014, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Andrew Kunasek, District 3; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Armstrong and Shirley Million, Minutes Coordinators; Tom Manos, County Manager; and Cynthia Kelley, Legal Counsel. I-1. DISSOLUTION OF K106, 7TH STREET NORTH IMPROVEMENT DISTRICT Adopt a resolution dissolving K106, 7th Street North Improvement District (District 3) in accordance with A.R.S. 48-959. All obligations of this improvement district have been paid in full and operation and maintenance has been taken over by the county. It is further recommended that the County Treasurer transfer the remaining balance ($32,943.36) to the appropriate MCDOT account for District Engineering Services costs per A.R.S. 48-965. The Maricopa County Treasurer’s Office has researched their files and confirmed that this district does not have any bonds and/or coupons outstanding. The district is located in the vicinity of Carefree Highway and 7th Street. (C-64-14-087-7- 00) Motion to approve by Director Chucri, seconded by Director Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ________________________________ Denny Barney, Chairman of the Board Attest: Formal Meeting Minutes Wednesday, February 26, 2014 Page 59 of 66 _____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, February 26, 2014 Page 60 of 66 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, February 26, 2014, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Andrew Kunasek, District 3; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; and Maria Armstrong and Shirley Million, Minutes Coordinators; Tom Manos, County Manager; and Cynthia Kelley, Legal Counsel. F-1. CONTRACT WITH STANTEC CONSULTING, INC FOR POWERLINE, VINEYARD ROAD, AND RITTENHOUSE FLOOD RETARDING STRUCTURES ON-CALL DESIGN PROJECT Award Contract FCD 2013C004 – Powerline, Vineyard Road, and Rittenhouse Flood Retarding Structures On-Call Design Project (Project) to Stantec Consulting, Inc. The total contract cost is $2,800,000. Work assignments will be issued for the Project, anticipated to total $2,800,000. The contract performance period is 1825 calendar days effective the date of the Notice to Proceed. This is a qualification-based selection in accordance with Maricopa County Procurement Code, Article 5, Paragraph 504. The Powerline, Vineyard Road, and Rittenhouse Flood Retarding Structures (PVR FRS) are three flood control dams that were all designed and built by the Soil Conservation Service (now the Natural Resources Conservation Service – NRCS). The PVR FRS are located in northwest Pinal County, south of Apache Junction. They lie on the east side of the Central Arizona Project canal (CAP), and extend south from approximately Baseline Road to the Ocotillo Road alignment, which is approximately 12 miles in length. These structures provide flood protection for residential, commercial and agricultural areas as well as critical public facilities and infrastructure such as: Williams Gateway Airport, San Tan Freeway (202), other public roadways, railroads and the CAP Canal. The ability of the PVR FRS to maintain the current level of protection in the long-term for the benefit of the public in an increasingly urbanized environment is in question due to significant concerns regarding aging infrastructure, land subsidence, earth fissuring, urbanization encroachment and current dam safety standards. These dam safety issues have led the Flood Control District of Maricopa County (DISTRICT) to determine that an overall rehabilitation of the dams is required. The work may include but will not be limited to design and post-design services. The design work will involve investigations and engineering analysis. Individual work assignments will be scoped and negotiated under the on-call contract. This Project protects area located in Supervisorial District 1. (C-69-14-028-5-00) Motion to approve by Director Wilcox, seconded by Director Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox F-2. OPERATION AND MAINTENANCE AGREEMENT AND OPERATION AND Formal Meeting Minutes Wednesday, February 26, 2014 Page 61 of 66 MAINTENANCE PLAN WITH U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE FOR BUCKEYE FRS NO. 1 REHABILITATION PROJECT Approve the Operation and Maintenance (O&M) Agreement (Agreement) and O&M Plan (Plan), between the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) and the Flood Control District of Maricopa County (District) FCD 2014A001 for the Buckeye FRS No. 1 Rehabilitation Project (Project [#207.01.31]). The NRCS and Sponsor agree to carry out the terms of the O&M Agreement and O&M Plan, which defines the responsibilities for operating, inspecting, and maintaining rehabilitation work completed for the Buckeye FRS No. 1 dam and existing structure features. The Agreement and Plan shall become effective when signed by both parties. The Agreement and Plan are required by the NRCS funding authorization process and for reimbursements of construction costs, prior to the construction of dam rehabilitation projects. Several dam safety deficiencies have been identified at Buckeye FRS No. 1 and overall rehabilitation of the dam best meets District goals and objectives related to dam safety and public safety. This item impacts Supervisorial District 4. (C-69-14-031-3-00) Motion to approve by Director Wilcox, seconded by Director Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox F-3. CONTRACT WITH T.Y. LIN INTERNATIONAL FOR ON-CALL SERVICES FOR AHWATUKEE FOOTHILLS AREA DRAINAGE MASTER STUDY/PLAN Award Contract FCD 2013C009 On-Call Services for Ahwatukee Foothills Area Drainage Master Study/Plan, to T.Y. LIN INTERNATIONAL for professional engineering services. The contract will be effective for 730 calendar days from the date of execution or the expenditure of $700,000.00, whichever comes first. The Flood Control District of Maricopa Country (DISTRICT) and T.Y. LIN INTERNATIONAL will mutually agree to a detailed scope of work for each work assignment. This is a qualifications-based selection in accordance with the Maricopa County Procurement Code, Article 5, Paragraph 504 and Article 5 Procurement Procedures Manual, Chapter II – Section 2. The Ahwatukee Foothills Area Drainage Master Study/Plan (ADMS/P) will identify and quantify the flood hazards in a 31-square mile portion of central Maricopa County mostly within the city of Phoenix. The DISTRICT has not previously studied this area. As such, the area previously lacked detailed topographic information, does not have a regional hydrology model, and there has been some complaints and incidents related to flooding. In addition, there have been significant development and there is proposed new infrastructure in the ADMS/P study area. Hence, the DISTRICT has recently obtained topographic mapping, and intends to use new modeling tools that can substantially improve the identification of flood hazards in the ADMS/P study area. Thus, the ADMS/P will identify flood hazard areas that may be mitigated through future projects to help minimize the flood risk to the public using the developed ADMS/P comprehensive regional hydrology and hydraulic modeling. This Agenda item impacts Supervisorial Districts 1 and 5. (C-69-14- 030-5-00) Motion to approve by Director Wilcox, seconded by Director Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox F-4. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements and right-of-way acquisition documents, appraisal and relocation Formal Meeting Minutes Wednesday, February 26, 2014 Page 62 of 66 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-06-14-311-7-00) a. Sonoqui Wash Channelization Phase III (Per Resolution FCD 2001R001) – RS Project #: 480.04.34 - Item #: F00148 – Permanent Drainage Easement and Agreement for Flood Control Purposes – Assessor’s Parcel #: 304-91-038A – David A. Pixley, Jr. - to the Flood Control District of Maricopa County - for the sum of $3,638.00. b. Sonoqui Wash Channelization Phase III (Per Resolution FCD 2001R001) – RS Project #: 480.04.34 - Item #’s: F00148 – Temporary Construction Easement and Agreement for Flood Control Purposes – Assessor’s Parcel #’s: 304-91-038A - from David A. Pixley, Jr. - to the Flood Control District of Maricopa County - for the sum of $209.00. c. Sonoqui Wash Channelization Phase III (Per Resolution FCD 2001R001) – RS Project #: 480.04.34 - Item #’s: F00148 – Purchase Agreement and Escrow Instructions – Assessor’s Parcel #’s: 304-91-038A - from David A. Pixley, Jr. - to the Flood Control District of Maricopa County. d. Sonoqui Wash Channelization Phase III (Per Resolution FCD 2001R001) – RS Project #: 480.04.34 - Item #’s: F00153 – Agreement for Cost-to-Cure Compensation – Assessor’s Parcel #’s: 304-91-039L – from the Flood Control District of Maricopa County – to Julie Vawter – for the sum of $2,580.00. e. License Agreement for Rain Gauge Station – NC Assessor’s Parcel #:401-87-001L - Licensor: Maricopa County Department of Transportation – Licensee: Flood Control District of Maricopa County. Motion to approve by Director Wilcox, seconded by Director Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox FLOOD CONTROL DISTRICT ADDENDUM ADÉNDUM 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, February 26, 2014, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Andrew Kunasek, District 3; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Armstrong and Shirley Million, Minutes Coordinators; Tom Manos, County Manager; and Cynthia Kelley, Legal Counsel. FA-1. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY V. PTH PROPERTIES, LP, ET AL, CV2011-012505 Authorize settlement of Flood Control District of Maricopa County v. PTH Properties, LP, et al, CV2011-012505 in the amount of $830,000.00 plus statutory interest, with an additional payment of $6,500.00 per year beginning July 1, 2015 (if required, in order to complete construction) for a temporary construction easement. This item was heard in Executive Session on February 24, 2014. (C-19-14-038-M-00) Formal Meeting Minutes Wednesday, February 26, 2014 Page 63 of 66 Motion to approve by Director Wilcox, seconded by Director Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox FA-2. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY V. KLONDIKE LAND PORTFOLIO, L.L.C., CV2010-051877 Authorize counsel to serve an Offer of Judgment in Flood Control District of Maricopa County v. Klondike Land Portfolio, L.L.C., CV2010-051877, in the amount of $2,500,000 plus statutory interest. This matter was discussed in Executive Session on February 24, 2014. (C-19-14-040-M- 00) Motion to approve by Director Wilcox, seconded by Director Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ________________________________ Denny Barney, Chairman of the Board Attest: _____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, February 26, 2014 Page 64 of 66 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, February 26, 2014, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Andrew Kunasek, District 3; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Maria Armstrong and Shirley Million, Minutes Coordinators; Tom Manos, County Manager; and Cynthia Kelley, Legal Counsel. L-1. AGREEMENT WITH THE CITY OF SCOTTSDALE FOR PURCHASE OF AND SUBSCRIPTION TO THE POLARIS INTEGRATED LIBRARY SYSTEM Approve the Agreement between the Maricopa County Library District and the City of Scottsdale for purchase of and subscription to the Polaris Integrated Library System for the City of Scottsdale Public Libraries. The Maricopa County Library District will fund the purchase of a unique instance of Polaris and subscription services, fund the migration of the City of Scottsdale's current Innovative Interfaces Sierra data including acquisitions, fund the installation and implementation of a unique instance of Polaris and related products, including acquisitions, and provide funding for first line assistance and troubleshooting services for issues with Polaris and associated products, including network connectivity and diagnosis, provided by and through the Polaris vender. Additional features or support outside the scope of this Agreement shall be at the sole expense of the City. The agreement is effective upon execution by both the Maricopa Library District and the City of Scottsdale and shall be in effect for a term expiring on July 1, 2021. Also approve an increase to the FY2013-2014 budget for the Library District (650), Library District Fund (244), Non-Recurring/Non-Project (0001) expenditures appropriated budget in the amount of $230,000. This agreement is in conjunction with the Library District's "Plan of Service" approved by the Library District Board of Directors. (C-65-14-037-M-00) Motion to approve by Director Chucri, seconded by Director Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox L-2. SOLE SOURCE CONTRACT WITH POLARIS LIBRARY SYSTEMS Approve a Sole Source Contract with Polaris Library Systems for the purchase of library management system hardware, software, hosting and ongoing maintenance. The term of this contract is for five years beginning the 1st day of April, 2014 and ending the 31st day of March, 2019. Sole Source is estimated at $3,500,000 over the five-year term. Library District uses Polaris as its integrated library service software. The Library District also provides Polaris as ILS to eleven other library systems within Maricopa County. This sole source procurement was publicly advertised from May 2, 2013 through May 9, 2013, and was conducted in accordance with the Maricopa County Procurement Code and the County's Sole Source Procedure. (C-65-14-038-M-00) Motion to approve by Director Chucri, seconded by Director Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox L-3. DONATIONS Formal Meeting Minutes Wednesday, February 26, 2014 Page 65 of 66 In accordance with County Policy A2805, accept the monthly donation report received from Library District for January 2014 for a Non-Cash Value of $5,685.88. (C-06-14-313-7- 00) Motion to approve by Director Chucri, seconded by Director Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ________________________________ Denny Barney, Chairman of the Board Attest: _____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, February 26, 2014 Page 66 of 66 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, February 26, 2014, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, Vice Chairman, District 2; Andrew Kunasek, District 3; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Official Record Keeper; Maria Armstrong and Shirley Million, Minutes Coordinators; Tom Manos, County Manager; and Cynthia Kelley, Legal Counsel. S-1. ROOF SETTLEMENT AGREEMENT Approve the Settlement and Release Agreement with Caliente Construction, Inc., Progressive Roofing, and KM Coatings Manufacturing to settle the Notice of Failure of Performance filed by the Stadium District with Caliente Construction, Inc. August 3, 2011. On October 3, 2007, Caliente and the District entered into Job Order Contract (JOC) SD 08-001-C, in which Caliente Construction served as the general contractor, to conduct certain work known as the “Chase Field Roof Coating Project” at Chase Field located at 401 East Jefferson Street, Phoenix, Arizona 85004. The subcontractors on the project were Progressive Roofing, who applied “FinalCoat,” and KM Coatings, the manufacturer of the product. After the coating was applied, the Stadium District observed rapid accumulation of dirt and debris on the roof, occurring inconsistently over the roof surface and creating contrasting areas of clean and dirty. This coating behavior is uncharacteristic of test blocks on roof performed in earlier evaluations. Thus, the Stadium District filed the August 2, 2011 Notice of Failure of Performance with Caliente. After cooperative discussions and deliberations, the parties have arrived at a solution and the attached settlement agreement. (C-68-14-008-M-00) Tom Manos thanked Darren Frank for all of his work on this issue during the past several years; he added that the roof area has been cleaned. Motion to approve by Director Wilcox, seconded by Director Chucri Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ________________________________ Denny Barney, Chairman of the Board Attest: ________________________________ Fran McCarroll, Official Record Keeper