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Special Meeting Minutes Monday, June 24, 2013 Board Members 10:30 AM Andrew Kunasek, Chairman, District 3 Denny Barney, Vice Chairman, District 1 BOARD OF SUPERVISORS Steve Chucri, District 2 Maricopa County, Arizona Clint Hickman, District 4 (and the Boards of Directors of the Flood Control Mary Rose Wilcox, District 5 District, Library District, Stadium District, Improvement Districts, Housing Authority of Maricopa County, Housing Authority of Maricopa County and/or Board of County Manager Deposit) Tom Manos Clerk of the Board Fran McCarroll "The mission of Maricopa County is to provide regional leadership and fiscally responsible, necessary Meeting Location public services to its residents so Supervisors' and Sullivan Conference Room they can enjoy living in healthy 301 W. Jefferson, 10th Floor and safe communities” Phoenix, AZ 85003 BOARD OF SUPERVISORS The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Special Session at 10:30 AM on Monday, June 24, 2013, in the Supervisors' Conference Room, 301 W. Jefferson, 10th Floor, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Steve Chucri, District 2; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Absent: Denny Barney, District 1. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris and Shirley Million, Minutes Coordinator; Tom Manos, County Manager; and David Benton, Legal Counsel. Board Action 1. CHANGES TO EMPLOYEE LEAVE POLICY (HR2415) Approve changes which include: altered language to reflect changes in the County’s Family and Medical Leave Act Policy (HR2413) that refers to measuring FMLA leave “rolling forward”; updated language relating to Head Start employees that is consistent with language in new Head Start contracts; deleted language relating to Head Start employees receiving paid time off on the day after Thanksgiving since this is already covered by the Holiday Pay provision; changed the language relating to waiting periods for receiving Short Term Disability benefits. Tom Manos said these changes will conform the County’s policies with updates to FMLA policies and also will adjust and conform it with the Head Start Contract requirements. Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Chucri, Hickman, Wilcox Absent: Barney 2. SOUVENIR FUND EXPENDITURE INCREASE Authorize and approve an increase to the operating fund transfer of $90,000 from the Parks Souvenir Fund (239) to the Parks Enhancement Fund (241). Special Meeting Minutes Monday, June 24, 2013 Page 2 of 4 Per A.R.S. 42-17106(B), approve an increase to the FY 2012-13 Parks and Recreation (300) Parks Souvenir Fund (239) Operating (0000) expenditure appropriation of $90,000 and an increase to the Parks and Recreation (300) Parks Enhancement Fund (241) Operating (0000) revenue appropriation of $90,000, with offsetting expenditure and revenue adjustments in Parks and Recreation (300) Eliminations Fund (900) Operating (0000). ARS 11-941.B and D provide that a county, through its Board of Supervisors, may establish a county parks publication and souvenir revolving fund consisting of monies received from the sale of county parks oriented services, souvenirs, sundry items or informational publications that are uniquely prepared for use in county parks by the public. The Parks & Recreation Department has shown tremendous success in its ability to generate revenue through this fund. The department has encouraged this program and demand is increasing. The FY 2012-2013 revenue and expenditure projections exceed the budget by $90,000. Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Chucri, Hickman, Wilcox Absent: Barney RECESS Chairman Kunasek recessed the Board of Supervisors to convene as the Board of Directors of the Library District. MEETING RECONVENED Chairman Kunasek reconvened the Board of Supervisors. 4. EXECUTIVE SESSION Vote to convene in Executive Session to consider the items on the Special Executive Agenda dated June 24, 2013, for Board of Supervisors and relevant Special Districts pursuant to the statutory authority listed for each item. Motion to approve by Supervisor Hickman, seconded by Supervisor Chucri Ayes: Kunasek, Chucri, Hickman, Wilcox Absent: Barney ~ Supervisor Wilcox left the session and would not return ~ MEETING RECESSED Chairman Kunasek recessed the Board of Supervisors to convene Executive Session in the Tom Sullivan Room, 10th floor, 301 W. Jefferson. Chairman Kunasek, Supervisors Chucri and Hickman, Fran McCarroll and David Benton were present to attend Executive Session. MEETING RECONVENED Chairman Kunasek reconvened the Board of Supervisors’ Special Meeting after consideration of Special Meeting Minutes Monday, June 24, 2013 Page 3 of 4 Executive Session agenda items and adjournment of Executive Session. 5. LIMITED CONFLICT OF INTEREST WAIVER FOR GUST ROSENFELD Approve a limited waiver of conflict of interest for Gust Rosenfeld, with informed consent, for the limited purpose of providing legal representation, advice, and counsel to ChemResearch Co. Inc., defendant in 3rd Party complaint filed by Maricopa County, arising out of the matter filed by the Roosevelt Irrigation District (RID) involving the Motorola 52nd Street CERCLA site and the West Van Buren WQARF site. Case No. 2010-CV-00290-DAE (Az. Dist. Ct.). This waiver request does not involve, nor does it extend to any litigation against Maricopa County. Discussed in executive session on June 24, 2013. Motion to approve by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Kunasek, Chucri, Hickman Absent: Barney, Wilcox 6. CONSIDERATION OF APPOINTMENT OF OUTSIDE COUNSEL FOR MARICOPA COUNTY Consideration and possible appointment of outside counsel in the case of Mary Rose Wilcox vs. William Montgomery and Maricopa County CV2013-008488. (C-06-13-468-M- 00) This matter was discussed in Executive Session. Motion to approve retention of outside attorney Steve Tulley to represent Maricopa County in the CV2013-008488 case by Supervisor Chucri, seconded by Supervisor Hickman Ayes: Kunasek, Chucri, Hickman Absent: Barney, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. __________________________________ Andrew Kunasek, Chairman of the Board ATTEST: _____________________________ Fran McCarroll, Clerk of the Board LIBRARY DISTRICT The Board of Directors of the Library District of Maricopa County, Phoenix, Arizona, convened in Special Session at 10:30 AM on Monday, June 24, 2013, in the Supervisors' Conference Room, 301 W. Jefferson, 10th Floor, Phoenix, AZ 85003, with the following members present: Andrew Special Meeting Minutes Monday, June 24, 2013 Page 4 of 4 Kunasek, Chairman, District 3; Steve Chucri, District 2; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Absent: Denny Barney, District 1. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris and Shirley Million, Minutes Coordinator; Tom Manos, County Manager; and David Benton, Legal Counsel. 3. ACCEPT GRANT FROM TARGET FOR THE 2013 MARICOPA COUNTY READS SUMMER READING PROGRAM Approve and accept a grant in the amount of $50,000.00 from Target for the 2013 Maricopa County Reads Summer Reading Program. The Library District's indirect rate for FY13 is 6.7%. Unrecoverable indirect costs are estimated to be $3,350. Also, approve a revenue and expenditure appropriation adjustment to the Library District (650) Library District Grants (242) Non-Recurring non-Project (0001) budget in the amount of $50,000 for FY 2013-2014. Motion to approve by Director Chucri, seconded by Director Wilcox Ayes: Kunasek, Chucri, Hickman, Wilcox Absent: Barney MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. __________________________________ Andrew Kunasek, Chairman of the Board ATTEST: _____________________________ Fran McCarroll, Clerk of the Board