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Board Members Andrew Kunasek, Chairman, District 3 Denny Barney, Vice Chairman, District 1 Steve Chucri, District 2 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 No Meeting Flood Control District 61 Library District 62 Stadium District 64 Board of Deposit No Meeting August 21, 2013 9:00 AM Formal Meeting Minutes Wednesday, August 21, 2013 Page 2 of 63 1. INVOCATION - INVOCACIÓN Rabbi Dan Hayman offered the invocation. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Amy Gabaldon, Clerk of the Board’s Office, 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, August 21, 2013, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Denny Barney, Vice Chairman, District 1; Steve Chucri, District 2; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Shirley Million and Lori Medaris, Minutes Coordinators; Tom Manos, County Manager; and David Benton, Legal Counsel. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Melissa Gable, Animal Care and Control, presented Truman, a 10-year-old Chihuahua currently at the County’s West Shelter who will be available for adoption on August 22nd. She said his adoption fee is waived because the Office of Management and Budget is sponsoring him by paying all fees, which include the neuter surgery and licensing for one year. She thanked Maricopa County’s Flood Control District and Department of Transportation at Durango for their donation of vaccines and their parking lot during the community vaccination event held last Sunday. She said that people started lining up at midnight to get their animals vaccinated at no cost. Ms. Gable explained they did 445 rabies vaccinations, 303 canine four-in-one vaccinations and 92 feline vaccinations. She said they also handed out 250 spay-neuter vouchers. 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. MESQUITE GENERATING STATION Case Number: CPA2013004 Formal Meeting Minutes Wednesday, August 21, 2013 Page 3 of 63 Supervisorial District: 4 Owner/Applicant: SEP II, LLC et. al. Request: Modification of Conditions to CPA200005. CPA case approval is by Resolution. Site Location: Elliot Rd., between 371st Ave. align. and 411th Ave. align. in the Tonopah/Arlington area Site Size: Approx. 3,400 acres Commission Action: By a vote of 7-0, recommended approval subject to conditions “a” through “d” as follows: a. Stipulation “d” of CPA200005 shall read as follows: “A Land Management Plan for the power plant site (400 acres) shall be applied as proposed in the applicant’s document entitled “Land Management Plan, Mesquite Generating Station”, consisting of (7) pages plus attachments A through C, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations. Annual reports for the progress and implementation of the plan shall be required within the Special Use Permit (Z2000071). A Land Management Plan for the water property (2,990 acres) shall be applied as proposed in the applicant’s document entitled “Land Management Plan, Water Property”, consisting of seventeen (17) pages plus attachments A through H, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations.” b. Stipulation “e” of CPA200005 shall read as follows: “The Industrial land use designation shall revert to the Rural Residential/High land use designation after 5 years unless construction is completed to the point that the plant is capable of operating at its rated capacity. An Open Space designation shall be placed on the remainder of the property (2,990 acres) except as provided in CAP200807. At the expiration of the Special Use Permit (40 years from Board of Supervisors approval or any subsequent time extensions), the Industrial and Open Space designations shall remain on the properties. c. Stipulation “f” of CPA200005 shall read as follows: “The applicant shall participate in the development of a wildlife facility or enhanced wildlife habitat on a portion of their water property consistent with their Land Management Plan, which may include habitats, breeding programs, wildlife rehabilitation, a research/educational facility, or other wildlife enhancements as agreed to and developed in conjunction with Wildlife for Tomorrow, the Arizona Game and Fish Department, and/or other similar organizations. The applicant shall make available a minimum of (1) 300 acres of land and $250,000 or (2) $500,000 in combined land value and expenditures. Planning and Development will determine if the facility, itself, requires a Special Use Permit subject to public hearing and Board of Supervisor approval. The facility shall be operational within seven years of Board of Supervisor approval on December 6, 2000, or the applicant shall pay $500,000 to fund West Maricopa County Regional Park acquisitions, trails, facility enhancements and maintenance. The applicant shall submit an annual written report outlining the status of the water property until such time as the power plant site Special Use Permit (Z2000071) expires. The first report shall be submitted on December 6, 2001. The status report shall address implementation / progress of eh Comprehensive Land Management Plan (inclusive of the wildlife aspect referred to above).” Formal Meeting Minutes Wednesday, August 21, 2013 Page 4 of 63 d. Stipulation “g” of CPA200005 shall read as follows: “If a Special Use Permit (SUP) for any given portion of the water property is approved for use of that portion for solar energy generation facilities, the upon start of construction of such solar energy generation facilities, compliance with the Comprehensive Land Management Plan shall not require any past, existing, or future re-vegetation of that portion except as provided under said SUP, and instead the following land management conditions shall take effect: 1. All re-vegetated areas within the given portion of the water property are permitted to undergo vegetation removal as necessary for construction and operation of the solar generation facilities. 2. Measures to protect Centennial Wash shall be implemented as provided in the approved SUP for the solar energy generation facilities. These measures shall include soil stabilization and drainage control features. 3. Measures to control noxious weeds shall be implemented as provided in the approved SUP for the solar energy generation facilities. 4. Measures to control blowing dust and wind erosions shall be implemented as provided in the approved SUP for the solar generation facilities.” A full set of conditions for CPA2013004 are listed below in final format incorporating the Commission recommendations: a. Development shall comply with the Area Plan Amendment entitled “Application to Amend the 1992 Tonopah Area Land Use Plan, Mesquite Generating Station” consisting of 54 pages plus appendices (Volume I and II), dated August 2000 and stamped received August 30, 2000 except as modified by the following stipulations. b. Any request to change the land use designation from Industrial or Open Space as approved herein shall require an Area Plan Amendment with approval by the Board of Supervisors upon recommendation of the Planning and Zoning Commission. c. The land use designations shall not become effective until after the zoning clearance associated with the Special Use Permit application for Mesquite Generating Station (Z2000071) has been granted. d. A Land Management Plan for the power plant site (400 acres) shall be applied as proposed in the applicant’s document entitled “Land Management Plan, Mesquite Generating Station”, consisting of (7) pages plus attachments A through C, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations. Annual reports for the progress and implementation of the plan shall be required within the Special Use Permit (Z2000071). A Land Management Plan for the water property (2,990 acres) shall be applied as proposed in the applicant’s document entitled “Land Management Plan, Water Property”, consisting of seventeen (17) pages plus attachments A through H, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations. e. The Industrial land use designation shall revert to the Rural Residential/High land use designation after 5 years unless construction is completed to the point that the plant is capable of operating at its rated capacity. An Open Space designation shall be placed on the remainder of the property (2,990 acres) except as provided in CAP200807. At the Formal Meeting Minutes Wednesday, August 21, 2013 Page 5 of 63 expiration of the Special Use Permit (40 years from Board of Supervisors approval or any subsequent time extensions), the Industrial and Open Space designations shall remain on the properties. f. The applicant shall participate in the development of a wildlife facility or enhanced wildlife habitat on a portion of their water property consistent with their Land Management Plan, which may include habitats, breeding programs, wildlife rehabilitation, a research/educational facility, or other wildlife enhancements as agreed to and developed in conjunction with Wildlife for Tomorrow, the Arizona Game and Fish Department, and/or other similar organizations. The applicant shall make available a minimum of (1) 300 acres of land and $250,000 or (2) $500,000 in combined land value and expenditures. Planning and Development will determine if the facility, itself, requires a Special Use Permit subject to public hearing and Board of Supervisor approval. The facility shall be operational within seven years of Board of Supervisor approval on December 6, 2000, or the applicant shall pay $500,000 to fund West Maricopa County Regional Park acquisitions, trails, facility enhancements and maintenance. The applicant shall submit an annual written report outlining the status of the water property until such time as the power plant site Special Use Permit (Z2000071) expires. The first report shall be submitted on December 6, 2001. The status report shall address implementation / progress of eh Comprehensive Land Management Plan (inclusive of the wildlife aspect referred to above). g. If a Special Use Permit (SUP) for any given portion of the water property is approved for use of that portion for solar energy generation facilities, the upon start of construction of such solar energy generation facilities, compliance with the Comprehensive Land Management Plan shall not require any past, existing, or future re-vegetation of that portion except as provided under said SUP, and instead the following land management conditions shall take effect: 1. All re-vegetated areas within the given portion of the water property are permitted to undergo vegetation removal as necessary for construction and operation of the solar generation facilities. 2. Measures to protect Centennial Wash shall be implemented as provided in the approved SUP for the solar energy generation facilities. These measures shall include soil stabilization and drainage control features. 3. Measures to control noxious weeds shall be implemented as provided in the approved SUP for the solar energy generation facilities. 4. Measures to control blowing dust and wind erosions shall be implemented as provided in the approved SUP for the solar generation facilities. (C-44-14-007-M-00) Debra Stark, Planning and Development Department, said that the items she will discuss are on the Consent Agenda and all are in District 4. She gave a brief description of the requests from each of the following cases: CPA2013004, Mesquite Generating Station and Z2013049, Mesquite Generating Station. Both cases requested a modification of conditions; Z2002117 requesting revocation of the Special Use Permit; MCP2012002 requesting a Military Compatibility Permit; and Z2013020, requesting a Special Use Permit. Supervisor Wilcox said she had worked with the Mesquite Generating Plant even though it was not in her District. She said that more than 500 people were working at the Plant under the first phase and she hoped a second phase could add that many more jobs in the West Valley. Formal Meeting Minutes Wednesday, August 21, 2013 Page 6 of 63 Motion to concur with the recommendation of the Planning Commission for approval by Resolution by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox PZ-2. MESQUITE GENERATING STATION Case Number: Z2013049 Supervisorial District: 4 Owner/Applicant: SEP II, LLC et. al. Request: Modification of Conditions to Z2000071 & Z2008066 Site Location: Elliot Rd., between 371st Ave. align. and 411th Ave. align. in the Tonopah/Arlington area Site Size: Approx. 3,400 acres Commission Action: By a vote of 7-0, recommended approval subject to conditions “a” through “d” as follows as follows: a. Stipulation “c” of Z2000071 shall read as follows: “Development and use of the power plant site shall comply with the Land Management Plan entitled “Land Management Plan, Mesquite Generating Station”, consisting of seven (7) pages plus attachments A through C, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations.” b. Stipulation “j” of Z2000071 shall read as follows: “Deleted” c. Stipulation “m” of Z2000071 shall read as follows: “The applicant shall submit an annual written report outlining the status of the development until such time as the Special Use Permit expires. The first report shall be submitted on December 6, 2001. The status report shall be reviewed by staff to determine compliance with stipulations and whether the report needs to be reviewed by the Planning and Zoning Commission. The status report shall also contain groundwater monitoring reports with annual withdrawals as well as evidence for how the facility is meeting stipulation “i”. In addition, the status report shall address the impact on wells in their area of influence as well as implementation/progress of their Land Management Plan.” d. Stipulation “w” of Z2000071 shall read as follows: “Deleted” A full set of conditions for Z2013049 are listed below in final format incorporating the Commission recommendations: a. Development and use of the site shall comply with the site plan entitled “Mesquite Power, LLC, Mesquite Generating Station”, consisting of 11 sheets, dated (revised) August Formal Meeting Minutes Wednesday, August 21, 2013 Page 7 of 63 10, 2000 and stamped received August 30, 2000 except as modified by the following stipulations. b. Development and use of the site shall comply with the narrative report entitled “Application for Special Use Permit, Mesquite Generating Station”, consisting of 52 pages plus exhibits, dated August 2000 and stamped received August 30, 2000 except as modified by the following stipulations. c. Development and use of the power plant site shall comply with the Land Management Plan entitled “Land Management Plan, Mesquite Generating Station”, consisting of seven (7) pages plus attachments A through C, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations. d. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. e. Dedication of additional right-of-way to bring the total half-width dedication to 65’ for Elliot Road adjacent to the site shall occur within 6 months of approval of this request by the Board of Supervisors, and prior to zoning clearance for any structure. f. Prior to zoning clearance for any structure, the applicant shall bond per Maricopa Department of Transportation’s requirements to assure future repairs are made for Elliot Road. Upon Maricopa County Department of Transportation’s determination that Elliot Road repairs (if necessary) have been completed, any unused sums shall be returned to Mesquite Power, L.L.C. g. Prior to construction of the evaporation ponds, the applicant shall provide a contingency plan approved by the Arizona Game and Fish Department in regard to wildlife mortality resulting from the evaporation ponds. The approved plan shall be submitted to staff prior to construction of the ponds and shall include measures set forth in a letter from the Arizona Game and Fish Department to the Maricopa County Planning and Development Department dated August 2, 2000. h. The interior driveways and parking spaces (both permanent and temporary) shall be surfaced with a form of dust-proofing deemed acceptable by the Maricopa County Department of Environmental Services at the time of zoning clearance. i. The applicant shall meet all applicable requirements for groundwater use and other conservation requirements set forth in the Third Management Plan for the Phoenix Active Management Area existing as of the date they first begin withdrawing groundwater in connection with the project. j. Deleted. k. Mesquite Power L.L.C. shall mitigate domestic well problems within their area of influence by taking prompt corrective action. The area of influence shall be defined as that area within which the water table drawdown may exceed ten feet over any five-year period from and after the date of approval of this Special Use Permit (SUP) by the Maricopa County Board of Supervisors, solely as a direct result of pumping of 7,990 acre-feet/year based upon the Centennial Wash comprehensive water study and area of influence map. Mesquite Power L.L.C. will bear the cost of corrective action to restore and/or replace any domestic wells to production which meet each of the following criteria: i. the well is used solely as a domestic well from and after the date of approval of this Special Use Permit by the Maricopa County Board of Supervisors; Formal Meeting Minutes Wednesday, August 21, 2013 Page 8 of 63 ii. the well was an active well as of the date of the approval of this Special Use Permit by the Maricopa County Board of Supervisors; iii. the well is within the applicant’s area of influence; iv. the well cannot sustain the production necessary to meet the domestic uses established as of the date of approval of the Special Use Permit by the Maricopa County Board of Supervisors; and v. the loss of production is not caused by the domestic well owner or by the owner’s equipment. In the event all of the above-listed criteria are met, the owner(s) of such well shall notify Mesquite Power, L.L.C. at the phone number or address which shall be kept actively on file with the Maricopa County Planning and Development Department. Mesquite Power, L.L.C. shall initiate corrective action within 72 hours of receipt of such notice, even if the corrective action is temporary (the “Response Period”). In the event Mesquite Power, L.L.C. has direct knowledge that all of the criteria have been met, the well owner is not required to supply any notice and the Response Period set forth above shall run from the time Mesquite Power, L.L.C. acquired such knowledge. l. Prior to zoning clearance, the applicant shall provide a letter to Planning and Development staff from the Arizona Department of Water Resources verifying the results of the Centennial Wash water study along with the applicant’s area of influence map. m. The applicant shall submit an annual written report outlining the status of the development until such time as the Special Use Permit expires. The first report shall be submitted on December 6, 2001. The status report shall be reviewed by staff to determine compliance with stipulations and whether the report needs to be reviewed by the Planning and Zoning Commission. The status report shall also contain groundwater monitoring reports with annual withdrawals as well as evidence for how the facility is meeting stipulation “i”. In addition, the status report shall address the impact on wells in their area of influence as well as implementation/progress of their Land Management Plan. n. Annual use of groundwater in excess of 7,990 acre-feet shall require a major amendment to the Special Use Permit and be subject to public hearing and Board of Supervisor approval. In the event that groundwater over the 7,990 acre-feet allowance is needed, the applicant shall conduct an additional groundwater model to determine the expanded area of influence. o. Prior to zoning clearance, the applicant will provide a “will serve” letter from a fire service provider that has obtained certification from the State Fire Marshall and that it is within reasonable proximity to the site. The applicant shall also provide a “will serve” letter from an ambulance service provider that has obtained certification from the Arizona Department of Health Services. p. Prior to zoning clearance, the applicant shall provide a “will serve” letter from a qualified service provider for natural gas. q. All outdoor lighting shall be designed as recommended by the International Dark-Sky Association and shall be in compliance with Section 2318 of the Maricopa County Zoning Ordinance. r. The proposed evaporation ponds shall be lined and inspected (consistent with the Arizona Department of Environmental Qualities’ requirements) by representatives of the Maricopa County Planning and Development Department, Building and Safety Division prior to use. Formal Meeting Minutes Wednesday, August 21, 2013 Page 9 of 63 s. Appropriate permitting shall be obtained from the Arizona Department of Environmental Quality prior to construction of an on site waste disposal system. The waste disposal system includes the plant wastewater system and the sanitary system. t. This Special Use Permit shall expire 40 years from the date of approval by the Board of Supervisors. u. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by staff of the Planning and Development Department. v. Non-compliance with the site plan and narrative report or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. w. Deleted. (C-44-14-008-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox PZ-3. WEST VALLEY WASTE TRANSFER STATION Case Number: Z2002117 Supervisorial District: 4 Applicant: Jorden Bischoff & Hiser, PLC Owner: Waste Management of Arizona, Inc. Request: Revocation of Special Use Permit (SUP) in the IND-2 Military Airport and Ancillary Military Facility Overlay Zoning District Site Location: Approx. southeast corner of Perryville Rd. and McDowell Rd. (in the Goodyear area) Site Size: SUP approx. 19 acres Commission Action: By a vote of 7-0, initiated and recommended approval of the removal of Z2002117 and the associated conditions of approval. (C-44-14-009-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox PZ-4. WHITE TANK TRANSFER STATION AND TRUCK TERMINAL Case Number: MCP2012002 Supervisorial District: 4 Formal Meeting Minutes Wednesday, August 21, 2013 Page 10 of 63 Applicant: Jorden Bischoff & Hiser, PLC Owner: Waste Management of Arizona, Inc. Request: Military Compatibility Permit (MCP) for waste transfer station and truck terminal in the IND-2 Military Airport and Ancillary Military Facility Overlay Zoning District Site Location: Approx. southeast corner of Perryville Rd. and McDowell Rd. (in the Goodyear area) Site Size: MCP approx. 19 acres Commission Action: By a vote of 7-0, recommended approval of MCP2012002 subject to the conditions ‘a’ – ‘p’ as shown below: a. Development of the site shall comply with the site plan entitled, “Military Compatibility Permit Case No. MCP2012002 for Waste Management of Arizona White Tank Transfer Station and Truck Terminal”, consisting of three (3) full-size sheets, dated May 9, 2013, and stamped received May 9, 2013, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled, “Waste Management of Arizona, Inc. White Tank Transfer Station & Truck Terminal Perryville Road and McDowell Road”, consisting of 21 pages, dated revised May 9, 2013, and stamped received May 9, 2013, except as modified by the following conditions. c. The following White Tank Transfer Station and Truck Terminal standard shall apply: Requested Deviations from the IND-2 Military Airport and Ancillary Military Facility Overlay Zoning District for White Tank Transfer Station and Truck Terminal MCP2012002 Standard Description IND-2 Zoning District Standard Proposed MCP Deviation 6’ height – perimeter fencing Chain link fencing with enhanced landscaping Perimeter of any portion of a site not adjacent to rural or residential zone boundary upon which any outdoor use of an industrial nature is permitted shall be enclosed to a height of not less than six feet by buildings, walls, walls or fences of any view-obscuring material. 6’ high chain link fence to secure the east side of the stormwater basin and 8’ high chain link fence along the south and west region of the stormwater basin. Request due to property being sold to ADOT which requires relocating the chain link fencing. Enhanced landscaping is proposed within the basin to visually screen the site. d. Any landscaping in public right-of-way shall meet any requirements of the Maricopa County Department of Transportation. e. The applicant shall connect to the City of Goodyear’s central sewer system when it becomes available to the site. f. The transfer building shall have roll up doors and be fully enclosed. g. The transfer station and accessory uses shall not create and/or release any substances into the air that would impair visibility or otherwise interfere with operating aircraft. h. Development of the site shall include half-width improvements (including paving, curb, gutter and sidewalk) to ultimate width for Perryville Road and McDowell Road along the perimeter of the site. Formal Meeting Minutes Wednesday, August 21, 2013 Page 11 of 63 i. Development and use of the site shall comply with requirements for fire hydrant placement and other fire protection measures as deemed necessary by the applicable fire department. j. 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 the site. k. The following Drainage Review conditions shall apply: 1. All development and engineering design shall be in conformance with the Drainage Provisions of the Maricopa County Zoning Ordinance Chapter 1205.1 Drainage Policies and Standards 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. 3. All outstanding issues noted in the latest review memo shall be addressed prior to issuance of any construction permit. l. No drywells shall be utilized on the property, except if required in the retention basins. m. The following Flood Control District condition shall apply: 1. Prior to any development and approval of a building permit, a Floodplain Use Permit must be obtained from the Floodplain Management and Services Division of the Flood Control District. n. 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. o. 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 Military Compatibility Permit as set forth in the Maricopa County Zoning Ordinance. p. 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 allows the property owner to enjoy uses in excess of those permitted by the underlying zoning existing on the date of application, subject to conditions. It is, therefore, stipulated and agreed that revocation of this Military Compatibility Permit due to the failure to comply with any condition 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. The Military Compatibility Permit enhances the value of the property above its value as of the date the Military Compatibility Permit is granted and revocation results in the same value of the property as if the Military Compatibility Permit had never been granted. (C-44-14-011-M- 00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Hickman, seconded by Supervisor Wilcox Formal Meeting Minutes Wednesday, August 21, 2013 Page 12 of 63 Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox PZ-5. ROYAL OAKS MEMORY CARE CENTER Case Number: Z2013020 Supervisorial District: 4 Applicant: Todd & Associates, Inc. Owner: People of Faith, Inc. DBA Request: Special Use Permit (SUP) for a residential care facility in the R-5 zoning district Site Location: Northwest corner of 99th Ave. and Royal Oak Rd. (in Sun City) Site Size: 3.59 acres of a 36.35 acre site Commission Action: By a 7-0 vote, recommended approval subject to conditions 'a' through 'n' as follows as follows: a. Development of the site shall comply with the Site Plan & Landscape Plan entitled “Friendship House at Royal Oaks“, consisting of four (4) full-size sheets, dated June 5, 2013, and stamped received June 6, 2013, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Friendship House at Royal Oaks (Memory Care) at Royal Oaks Lifecare Community”, consisting of twelve (12) pages, dated May 10, 2013, and stamped received May 14, 2013, except as modified by the following conditions. c. Development of the site shall be in conformance with the Building elevations entitled “Friendship House at Royal Oaks consisting of two (2) pages, dated May 10, 2013, and stamped received May 14, 2013, except as modified by the following conditions. 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 or screened with a continuous parapet for commercial projects. 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. Prior to zoning clearance the owner 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, Department or Company servicing the site. h. The following Drainage Review conditions shall apply: 1. Soil percolation testing, performed in accordance with DPS 6.10.12, must be provided at the time of submission of plans for building permits. The percolation testing must be performed at a depth equal to the bottom of the subsurface retention system. Formal Meeting Minutes Wednesday, August 21, 2013 Page 13 of 63 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance, Drainage Policies and Standards and current engineering policies, standards and best practices at the time of application for construction. 3. 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 Drainage Policies and Standards. 4. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. i. This Special Use Permit shall expire thirty (30) years from the date of approval by the Board of Supervisors, or upon termination of the use, whichever occurs first. j. The applicant/owner shall submit a written report outlining the status of the development at the end of two 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 stipulations. k. 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. l. 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). m. 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. n. 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-44-14-010-M-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Formal Meeting Minutes Wednesday, August 21, 2013 Page 14 of 63 STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 5. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR This is the time scheduled for a public hearing on the applications for liquor licenses. At this hearing, the Board of Supervisors will determine the recommendation to the State Liquor Board as to whether the State Liquor Board should grant or deny the license. a. PERSON TRANSFER FOR SAGE & SAND GRILL Pursuant to A.R.S. § 4-203, approve an application for a Person Transfer of a Series 06 Liquor License from Valerie Ann Aber to Mitchell Evan Stevens for Sage & Sand Grill at 13831 West Glendale Avenue, Glendale, Arizona 85307. (AZ #06070539) (Supervisorial District 4) (C-06-14-001-L-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox b. SPECIAL EVENT LICENSE FOR MESA UNITED WAY Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by William Richard James for Mesa United Way at 1548 Leisure World, Mesa, Arizona 85206 to be held on Saturday, November 9, 2013 from 7:00 AM to 2:00 PM. (Supervisorial District #2) (C-06-14-029-L-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Assessor - Asesor 6. SOLE SOURCE CONTRACT WITH ESRI CANADA LIMITED Approve a sole source contract with ESRI Canada Limited with an estimated cost of $410,000 for the Assessor's Office Desktop Review (DTR) pilot project. The Assessor’s Office would like to complete a pilot project with ESRI Canada Desktop Review integrated software. This software will give the Assessor’s Office the ability to utilize a fully integrated solution using ArcGIS, Oblique Imaging, Street Front Imaging, Geo- Referenced Building Sketches and our own CAMA data so we can comprehensively review parcels in the defined pilot project area. This solution will give us the ability to view this property information simultaneously while giving our users the ability to make changes to the building sketches and CAMA data as error or omission are detected. It is anticipated this solution would improve the efficiency of our office by reducing the amount of field visits required as property issues arise. Formal Meeting Minutes Wednesday, August 21, 2013 Page 15 of 63 The Office of Procurement Services advertised this Sole Source request on April 04, 2013 and April 11, 2013 and no other vendors have come forward that meet the requirements of the pilot project. (C-12-14-002-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Clerk of the Court - Secretario de la Corte 7. ONE TIME FUNDING FROM JUDICIAL COLLECTION ENHANCEMENT FUND FOR EFILING FOUNDATION PROJECT Approve a one-time expenditure of $249,520 from the Judicial Collection Enhancement Fund (JCEF) in FY 2014 for the Clerk of the Superior Court’s eFiling Foundation Project. In addition, per A.R.S. §42-17106, transfer FY 2013-14 expenditure appropriation of $249,520 from the Non-Departmental (470) Non-Departmental Grants Fund (249) Non- Recurring (0001) Potential Expenditures from Fund Balance line to Clerk of the Superior Court (160) Judicial Collection Enhancement Fund (208) Non-Recurring/Non-Project (0001). Approval of this action will support the Clerk of the Superior Court’s eFiling project, which funds contract software developers and quality assurance staff in development, conversion and testing of modules as well as maintenance of the system. The Clerk of the Superior Court was awarded expenditure approvals for the eFiling Foundation Project from JCEF. (C-16-14-002-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox NOTE: Supervisor Wilcox made a motion to approve items 8-12, however, she realized she needed to declare a conflict on item #12. The Chairman asked for the motion to be redone. County Attorney - Procurador del Condado 8. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE - COUNTY ATTORNEY 1. 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. June 24, 2013 Brandi Anderson, Legal Support Assistant Krista Armenta, Advocate Alisha Puckett, Office Assistant Specialized Carol Raney, Advocate Nancy Rice, Legal Support Assistant David Salvador, Detective Christopher Sammons, Deputy County Attorney Michelle Thompson, Legal Support Assistant Angela Westbrooks, Legal Support Assistant July 8, 2013 David Fifer, Deputy County Attorney Shawna Michie, Advocate Gregory Scott, Diversion Program Manager Formal Meeting Minutes Wednesday, August 21, 2013 Page 16 of 63 John Richard Smith, Detective Richard Stein, Advocate Robert Swan, Deputy County Attorney 2. Pursuant to A.R.S. § 11-409, approve the official appointment of the following law school student as a Deputy County Attorney in accordance with Rule 38 (d) et al, of the Rules of the Supreme Court of Arizona. This un-paid law school student, deemed by the County Attorney to be qualified under the Arizona Supreme Court Rules, Rule 38(d)(5), will conduct the prosecution of criminal cases as allowed by Rule 38(d)(3)(B). Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oath of Office in accordance with A. R. S. § 38-231. June 26, 2013 Ty Catmull, University of Arizona 1. 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. 2. Rule 38(d) et al, of the Rules of the Supreme Court of Arizona outline the qualifications of law school students who can appear in criminal matters, the circumstances in which they may appear, and guidelines for their conduct and supervision. This law school student voluntarily donates his time as part of his law school studies. He is provided supervision in accordance with Rule 38(d). There is no financial impact. (C-19-14-002-9-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 9. OFFICIAL APPOINTMENTS AS SPECIAL DEPUTY COUNTY ATTORNEYS Pursuant to A.R.S. § 11-409, approve the official appointment of the following listed persons as Special Deputy County Attorneys of the Maricopa County Attorney effective July 29, 2013 and authorize the Clerk of the Board of Supervisors to certify the Official Appointments and Oaths of Office in accordance with A. R. S. § 38-231. This appointees will assist in the investigation and prosecution of a fraud and theft case: State v. Weymouth. James A. Eaves, an attorney with the law firm of Sanders & Park, PC Robin E. Burgess, an attorney with the law firm of Sanders & Park, PC 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. Further, such appointments shall be in writing and certified by the Clerk of the Board of Supervisors. (C-19-14-004-9- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 10. FEDERAL EQUITABLE SHARING AGREEMENT Approve the FY 2013-14 Federal Equitable Sharing Agreement and Annual Certification Report between the Maricopa County Attorney's Office (agency) and the U. S. Department of the Treasury and the U. S. Department of Justice. This report accounts for federal equitable sharing funds received from the U. S. Department of the Treasury or the U. S. Formal Meeting Minutes Wednesday, August 21, 2013 Page 17 of 63 Department of Justice. The term of this agreement commences October 1, 2013 and expires September 30, 2014. Authorize the Chairman of the Board of Supervisors to sign all documents related to this certification report and agreement. Federal Sharing Agreements are entered into between the Federal Government, the Maricopa County Attorney’s Office and the Maricopa County Board of Supervisors. It sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of federally forfeited cash, property, proceeds and any interest earned thereon, which are equitably shared with participating agencies. (More commonly known as RICO funds). The Federal Annual Certification reports revenue and expenditures through June 30, 2013. (C-19-14-003-3-00) Supervisor Wilcox said that no money is requested on this item and asked for details John Garcia, Maricopa County Attorney’s Office, said there were no expenditures during the previous year and the reflected balance is the balance that carries over year to year. He said these are non-lapsing funds. Motion to approve by Supervisor Wilcox who asked for Members to be notified as expenditures are made, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 11. AGREEMENT WITH US DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR THE DEA TASK FORCE FY2014 Approve the Task Force Agreement and acceptance applicable reimbursement funding up to $18,000.00 from the US Department of Justice, Drug Enforcement Administration. The term of this Agreement is September 30, 2013 through September 30, 2014. The County Attorney’s FY13 indirect cost rate is 13.9%. The unrecoverable indirect costs are estimated to be $2,502. (C-19-14-005-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 12. AMENDMENT TO SOLE SOURCE CONTRACT FOR LEGAL SERVICES Approve amendment No.1 to the sole source contracts (Serial 12081-SS) with the law firms of Winston and Strawn and Walker and Peskind for legal services approved by the Board of Supervisors on May 29, 2012 as supplemented June 6, 2012. This action will extend the termination date of the contracts until November 30, 2013, to represent Maricopa County, the Maricopa County Sheriff’s Office, and Joseph M. Arpaio as Sheriff. The attorneys representing these parties are Dan K. Webb of the law firm Winston and Strawn, LLP and Richard K. Walker, Esq., of the law firm Walker and Peskind, PLLC. This action was taken in accordance with Article 3, Sections MC1-343 and MC1-344 of the Maricopa County Procurement Code (sole source procurement). Dan K. Webb will represent the County at a blended rate of $480.00 per hour for all partner and associate time and Richard K. Walker will represent the County at a blended rate of $310.00 per hour. (C-19-12-050-3-02) Supervisor Wilcox declared the appearance of a conflict with this item and left the dais. Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman Formal Meeting Minutes Wednesday, August 21, 2013 Page 18 of 63 Abstain: Wilcox Elections - Elecciones 13. BUDGET ADJUSTMENT FOR ELECTRONIC POLL BOOKS In accordance with A.R.S. 42-17106(B), authorize the following amendments to the FY 2014 expenditure budget: a) Decrease the expenditure authority for the Non Departmental (470) General Fund (100) Contingency (4711) Non Recurring Non Project (0001) budget in the line "Electronic Poll Books " by $2,415,000; b) Increase the expenditure authority in the Elections Department (210) General Fund (100) Non Recurring Non Project (0001) budget by $2,415,000 for one-time expenditures; c) Move the balance of $2,585,000 from the line "Electronic Poll Books" to "Unreserved Contingency" in the Non Departmental (470) Contingency (4711) General Fund (100) Non Recurring Non Project (0001) budget. These actions will have a County-wide net impact of zero and they do not alter the budget constraining expenditure of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. Approval of this action allows the Elections Department to enter into a contract with the selected vendor for the initial hardware purchase and set up and implementation of up to 1,700 tablet devices and related peripherals for the more user friendly and economical electronic poll books. The full cost of the electronic poll books is $3,415,000. The Elections department will use an additional one million dollars of the FY 2014 approved, budgeted Help America Vote Act (HAVA) grant to complete the funding for the electronic poll books. (C-21-14-001-2-00) Karen Osborne, Director of Elections, said the department is very excited about the Electronic Poll Books, saying they had originally estimated the cost to be $5 million but the actual cost was only $3.4 million. Additionally, one million will be provided from HAVA funds from the State of Arizona. She added, “This will help every polling place worker that’s out there.” She explained this will also save more than $100,000 at each election for printing so many ballots. She said they are already using these books in Yuma and Yavapai Counties; and they are being used in several states. She explained these will be part of the security base for Elections and each one will be tracked through the system. Supervisor Wilcox asked what happens if a voter forgets his Voter ID card or Driver’s License. Ms. Osborne replied they would just type in their last name and all of their information comes up Supervisor Chucri complimented Ms. Osborne and Ms. Purcell for coming in under budget and also for seeking grant dollars to help offset the cost to the County. Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Formal Meeting Minutes Wednesday, August 21, 2013 Page 19 of 63 Sheriff - Alguacil 14. TRANSFER OF OWNERSHIP TO EMPLOYEE HANDLER FOR RETIRING K-9 Approve the permanent transfer and custody of retiring K-9, “Kenai,” to its respective Sheriff's Office handler, Deputy Carlos Rangel. Approval of this item allows Kenai to become the personal property Deputy Rangel, who will be required to complete the Canine Program Release and Indemnity Agreement. (C- 50-14-006-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 15. AGREEMENT WITH US DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR THE DEA TASK FORCE FY2014 Approve the Task Force Agreement and acceptance of up to $51,607 in continued reimbursement funding from the US Department of Justice, Drug Enforcement Administration. The term of this Agreement is September 30, 2013 through September 29, 2014. The Sheriff’s Office FY14 indirect cost rate is 18.4%. The unrecoverable indirect costs are estimated to be $9,495.69. (C-50-14-008-G-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 16. ACCEPT TARGET CORPORATION GRANT FOR THE SHERIFF’S OFFICE BIKE PATROL Approve acceptance of a grant from the Target Corporation in the amount of $3,000. This grant is for the MCSO Bike Patrol for the purchase of bicycles and associated equipment. The project estimated time line is July 1, 2013 through June 30, 2014. The Sheriff’s Office indirect cost rate for FY14 is 18.4%. Unrecoverable indirect costs associated with this funding are estimated to be $552. (C-50-14-010-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 17. MULTI AGENCY INTERGOVERNMENTAL AGREEMENT FOR ARIZONA CHILD ABDUCTION RESPONSE TEAM (CART) Approve a multi-agency intergovernmental agreement for the creation and participation in the Arizona Child Abduction Response Team (CART). Parties to this agreement are the City of Apache Junction, the City of Chandler, the Federal Bureau of Investigation, the Town of Gilbert, the Town of Maricopa, the City of Mesa, the Town of Paradise Valley, the City of Phoenix, the City of Scottsdale, and the Maricopa County Sheriff's Office. This Agreement becomes effective upon execution by the parties and filing with the appropriate County Recorder (if required) and distribution to each member agency. It shall remain in effect until July 1, 2020. Parties may withdraw from this Agreement with or without cause by giving 30 calendar days written notice. Formal Meeting Minutes Wednesday, August 21, 2013 Page 20 of 63 Approval of this Agreement enables the Maricopa County Sheriff's Office to participate in the creation of an Arizona Child Abduction Response Team (CART) whose primary goal is to provide a pool of specialized investigators with a focus on dedicated and intensive investigative, preventive, and general law enforcement efforts primarily with regard to cases involving abducted children. This is a non-financial agreement. Each agency is responsible for its own costs associated with participating in this effort and no additional costs are anticipated. (C-50-14-009-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 18. SUBGRANTEE AGREEMENT – REALLOCATION WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2011 HOMELAND SECURITY GRANT PROGRAM, MCSO RRT - CBRNE RRT SCBA PROJECT – 888814-04 Approve a Subgrantee Agreement-Reallocation and acceptance of up to $30,793 in continued grant funding from the Arizona Department of Homeland Security (AZDOHS) for the 2011 Homeland Security Grant Program, MCSO RRT (Rapid Response Team) - CBRNE (chemical, biological, radiological, nuclear and explosive) RRT SCBA (self- contained breathing apparatus) Project # 888814-04. The term of this award is July 1, 2013 through June 30, 2014. The Sheriff’s Office indirect cost rate for FY2014 is 18.4%. Unrecoverable indirect costs associated with this Agreement are estimated to be $5,665.91. Approval of this project will enable the Sheriff’s Office to replace part of the aging SCBA’s for the Rapid Response Teams. The requested equipment will give the MCSO RRT‘s greater capability to respond and mitigate incidents involving CBRNE and major response situations. (C-50-14-011-G-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 19. SUBGRANTEE AGREEMENT – REALLOCATION WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY FOR THE 2011 HOMELAND SECURITY GRANT PROGRAM, AIR UNIT LIGHTING SYSTEM PROJECT Approve a Subgrantee Agreement-Reallocation and acceptance of up to $83,324 in continued grant funding from the Arizona Department of Homeland Security (AZDOHS) for the 2011 Homeland Security Grant Program, Air Unit Lighting System (Project # 888206- 05). The term of this award is July 1, 2013 through June 30, 2014. The Sheriff’s Office indirect cost rate for FY2014 is 18.4% (15,331.62). There will be capital equipment purchases that are excluded from the indirect cost calculation. (C-50-14-012-G- 00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 20. AMENDMENT TO AGREEMENT WITH STADIUM DISTRICT FOR LAW ENFORCEMENT SERVICES Approve Amendment No. 5 to the agreement between Maricopa County and the Maricopa Formal Meeting Minutes Wednesday, August 21, 2013 Page 21 of 63 County Stadium District for Law Enforcement Services, effective August 21, 2013. This amendment adds a new Exhibit A, "2013 Billing Rates." All other terms and conditions remain the same. Approval of this item allows the Sheriff's Office to recover its costs based on the new pay new rates which were implemented July 8, 2013. The estimated impact of this increase is $57,957. A corresponding agenda item is listed on the Stadium District Agenda under C- 68-14-002-M-00. The Sheriff's Office has been providing contracted Law Enforcement Service on an overtime basis at the Ball Park (Chase Field) since it opened in 1998. (C-50-98-065-0-05) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 21. IGA WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR AZTRACS Approve a non-financial agreement with the Arizona Department of Transportation (ADOT) for the use of the Arizona Traffic and Criminal Software (AzTraCS). The Agreement is effective with execution of the document and will last the duration of the project unless terminated sooner by either party. Also approve entering into a non-financial Data/Exchange agreement with ADOT. To utilize AZTraCS, access to ADOT's information is required and the Data/Exchange agreement permits this. Under this agreement, MCSO deputies will be able to issue electronic citations and traffic accident information. The data will then be automatically transferred to ADOT and the courts. Additionally, MCSO will be able to use forms and data collection tools that the Arizona Department of Public Safety (ADPS) has created in AzTraCS. ADOT has a statewide site license for the software, so there is no charge to the Sheriff's Office for its use. The licensing of TraCS is managed through the Governor's Office of Highway Safety and the Arizona Traffic Records Coordinating Committee, a multidisciplinary entity whose membership includes collectors, managers and users of traffic, crash, public health and injury control data. (C-50-14-004-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 22. ADDITIONS TO FLEET FOR THE PATROL DISTRICTS Approve permanent additions to fleet of 40 vehicles for the Patrol Districts. Thirty-five (35) Chevy Patrol Tahoes and five (5) Detective Tahoes. These vehicles are to be delivered and deployed as soon as possible to the Sheriff's Patrol Districts. Approval of this item will help address a shortfall of vehicles as substantiated in the MGT study. The resulting increase in vehicles will prevent deputies waiting for cars at shift change and facilitate more consistent coverage when vehicles are out for repairs and operational maintenance. (C-50-14-007-M-00) Supervisor Hickman said the purchase of these vehicles begins some infrastructure changes, and added that he is very appreciative of the Sheriff’s Office and the MGT Formal Meeting Minutes Wednesday, August 21, 2013 Page 22 of 63 Study believing these efforts will get more law enforcement out on the street with safer vehicles. Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 23. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Sheriff's Department for July 2013, for a total of $311.00. (C-06-14-040-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox JUDICIAL BRANCH - PODER JUDICIAL Superior Court - Tribunal Superior 24. EXECUTIVE COMPENSATION PACKAGE FOR ADDITIONAL LEAVE Approve an Executive Compensation Package (ECP) for the following newly hired unclassified Judicial Branch Court Technology Services executive staff: Kris Jamsa, Chief Information Officer; Thomas Moseley, Information Technology Division Manager and Chief Developer; Raghu Subramanya, Information Technology Division Manager; all to be effective August 26, 2013. If approved, this ECP agreement will authorize a deposit of 80 hours of Sick Leave into each of Kris Jamsa, Thomas Moseley and Raghu Subramanya Sick Leave balance effective August 26, 2013. The ECP is necessary because it is part of the hiring agreement and is vital to provide the Judicial Branch the ability to hire qualified executive staff. (C-80- 14-001-2-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Animal Care and Control Services - Servicios de Control y Cuidado de Animales 25. IGA WITH TOWN OF CAVE CREEK FOR ANIMAL CONTROL FIELD SERVICES Approve Intergovernmental Agreement (IGA) between Maricopa County through Maricopa County Animal Care & Control and the Town of Cave Creek, for Animal Control Field Services. This IGA is effective from July 1, 2013, through June 30, 2018. The Town of Cave Creek agrees to pay full cost recovery for field services for Fiscal Year 2013-2014 estimated to be $6,260 based on historical levels of service for this jurisdiction. Also, authorize the Office of Management and Budget to adjust the revenue and expenditures for FY2014-2015, FY2015-2016, FY2016-2017, and FY2017-2018 based on service levels. (C-79-14-006-3-00) Formal Meeting Minutes Wednesday, August 21, 2013 Page 23 of 63 Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 26. IGA WITH CITY OF CHANDLER FOR ANIMAL CONTROL FIELD SERVICES Approve Intergovernmental Agreement (IGA) between Maricopa County through Maricopa County Animal Care & Control and the City of Chandler, for Animal Control Field Services. This IGA is effective from July 1, 2013 through June 30, 2018. The City of Chandler agrees to pay full cost recovery for field services for Fiscal Year 2013-2014 estimated to be $184,000 based on historical levels of service for this jurisdiction. Also, authorize the Office of Management and Budget to adjust the revenue and expenditures for FY2013-2014, FY2014-2015, FY2015-2016, FY2016-2017, and FY2017- 2018 based on service levels. (C-79-14-007-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 27. IGA WITH CITY OF TEMPE FOR ANIMAL CONTROL FIELD SERVICES Approve Intergovernmental Agreement (IGA) between Maricopa County through Maricopa County Animal Care & Control and the City of Tempe, for Animal Control Field Services. This IGA is effective from July 1, 2013, through June 30, 2018. The City of Tempe agrees to pay full cost recovery for field services for Fiscal Year 2013-2014 estimated to be $145,753 based on historical levels of service for this jurisdiction. Also, authorize the Office of Management and Budget to adjust the revenue and expenditures for FY2014-2015, FY2015-2016, FY2016-2017, and FY2017-2018 based on service levels. (C-79-14-008-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 28. IGA WITH TOWN OF QUEEN CREEK FOR ANIMAL CONTROL FIELD SERVICES Approve Intergovernmental Agreement (IGA) between Maricopa County through Maricopa County Animal Care & Control and the Town of Queen Creek, for Animal Control Field Services. This IGA is effective from July 1, 2013 through June 30, 2018. The Town of Queen Creek agrees to pay full cost recovery for field services for Fiscal Year 2013-2014 estimated to be $18,066 based on historical levels of service for this jurisdiction. Also, authorize the Office of Management and Budget to adjust the revenue and expenditures for FY2013-2014, FY2014-2015, FY2015-2016, FY2016-2017, and FY2017- 2018 based on service levels. (C-79-14-020-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 29. NEW HOPE AGREEMENT WITH BENJI'S BUDDIES ANIMAL RESCUE Approve an Agreement between Benji’s Buddies Animal Rescue,Inc., a 501 (C) 3 non- profit corporation, 320 E Greenway Rd, Phoenix, AZ 85042, and Maricopa County to allow Benji’s Buddies Animal Rescue under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for Formal Meeting Minutes Wednesday, August 21, 2013 Page 24 of 63 each dog three months of age or older at no cost to the Contractor. The cost for these services is $41 for each animal rescued. Animal Care & Control estimates 144 new hope rescues over the term of the agreement, for a total of $5,904. The term of this Agreement is from August 1, 2013 through June 30, 2016. (C-79-14-009-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 30. NEW HOPE AGREEMENT WITH TICKLED PINK WEIMARANER RESCUE Approve an Agreement between Tickled Pink Weimaraner Rescue, a 501 (c) 3 non-profit corporation, 12231 Academy Rd. NE, Suite 301-214, Albuquerque, NM 87111, and Maricopa County to allow Tickled Pink Weimaraner Rescue under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is $41 for each animal rescued. Animal Care and Control estimates 6 new hope rescues over the term of the agreement, for a total of $246. The term of this Agreement is from August 1, 2013 through June 30, 2014. (C-79-14-010- 3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 31. NEW HOPE AGREEMENT WITH ARIZONA BORDER COLLIE RESCUE, INC. Approve an Agreement between Arizona Border Collie Rescue, Inc., a 501 (c) 3 non-profit corporation, P O Box 10717, Tempe, AZ 85284, and Maricopa County to allow Arizona Border Collie Rescue, Inc. under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is $41 for each animal rescued. Animal Care and Control estimates 60 new hope rescues over the term of the agreement, for a total of $2,460. The term of this Agreement is from August 1, 2013 through June 30, 2016. (C-79-14-011-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 32. NEW HOPE AGREEMENT WITH ARIZONA BOSTON TERRIER RESCUE Approve an Agreement between Arizona Boston Terrier Rescue, a 501 (c) 3 non-profit corporation, P O Box 15555, Scottsdale, AZ 85267, and Maricopa County to allow Arizona Boston Terrier Rescue under the New Hope Program to rescue animals that have been deemed eligible for the New Hope program. Maricopa County will provide a rabies vaccination, dog license tag and new owner transfer fee within the first year of rescue for each dog three months of age or older at no cost to the Contractor. The cost for these services is $41 for each animal rescued. Animal Care and Control estimates 12 new hope rescues over the term of the agreement, for a total of $492. The term of this Agreement is from August 1, 2013 through June 30, 2014. (C-79-14-021-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 33. NEW HOPE AGREEMENT WITH COMPANION PET CLINIC Formal Meeting Minutes Wednesday, August 21, 2013 Page 25 of 63 Approve an Agreement between Lon Miyahira, DVM, d.b.a. Companion Pet Clinic, 5331 S Superstition Mountain Dr, Gold Canyon, AZ 85118 and Maricopa County to allow Companion Pet Clinic 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 $41 for each animal rescued. Animal Care & Control estimates 24 new hope rescues over the term of the agreement, for a total of $984. The term of this Agreement is from August 1, 2013 through June 30, 2016. (C-79-14-012-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 34. DONATION RECEIVED FROM AMERICAN EXPRESS Accept a monetary donation from American Express of Princeton, NJ in the amount of $710.28 for the care of the animals. Donation revenue funds are deposited into Fund 573 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-14-013-D- 00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 35. DONATION RECEIVED FROM FETCHBACK, INC. Accept a monetary donation from Fetchback, Inc. of Tempe, AZ in the amount of $1,000 for pre-adoption payment of specially selected animals. Donation revenue funds are deposited into Fund 573 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-14-014-D- 00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 36. DONATION RECEIVED FROM FRIENDS OF ANIMAL CARE & CONTROL Accept the restricted monetary donation from Friends of Animal Care & Control (FACC’s) of Phoenix, AZ to fund the Maricopa County Spay/Neuter Voucher Program in the amount of $25,000. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the Formal Meeting Minutes Wednesday, August 21, 2013 Page 26 of 63 expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-14-015-D-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 37. DONATION RECEIVED FROM EBAY ENTERPRISE Accept a monetary donation from EBay Enterprise, formerly Fetchback, Inc. of Tempe, AZ in the amount of $1,000 for pre-adoption payment of specially selected animals. Donation revenue funds are deposited into Fund 573 as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-14-016-D- 00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 38. KENNEL PERMIT FOR BROWN KENNELS Approve kennel permit K14-006 pursuant to A.R.S. §11-1009 for Sharon Brown, d.b.a. Brown Kennels, 6328 E Halifax St, Mesa, AZ 85205, in District 2 for the term of September 1, 2013 through August 31, 2014. The cost of a kennel permit is $328. (C-79-14-017-L-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 39. KENNEL PERMIT FOR B-Z-B'S CHIHUAHUA KENNEL Approve kennel permit K14-003 pursuant to A.R.S. §11-1009 for Shirley Banderet, d.b.a. B-Z-B’s Chihuahuas, 4424 W Tierra Buena Lane, Glendale, AZ 85306, in District 4 for the term of September 1, 2012 through August 31, 2013. The cost of a kennel permit is $328. (C-79-14-018-L-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 40. KENNEL PERMIT FOR DESPERADO HOUNDS KENNEL Approve kennel permit K14-014 pursuant to A.R.S. §11-1009 for Jackie Lawrence, d.b.a. Desperado Hounds Kennel, 2070 E Melrose St, Gilbert, AZ 85297, in District 2 for the term of September 1, 2013 through August 31, 2014. The cost of a kennel permit is $328. (C-79- 14-019-L-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Environmental Services - Servicios Ambientales 41. BOARD OF HEALTH FEE WAIVER REIMBURSEMENT TO ENVIRONMENTAL SERVICES Formal Meeting Minutes Wednesday, August 21, 2013 Page 27 of 63 Approve a fund transfer of $19,015 from the General Fund (100) to the Environmental Services Environmental Health Fund (506). The purpose of the transfer is to reimburse Environmental Services for Fee Waivers approved by the Board of Health pursuant to C- 88-12-010-7-00. Pursuant to A.R.S. §42-17106B, authorize the transfer of FY 2014 expenditure authority in the amount of $19,015 from Non Departmental (470) General Fund (100) Non Recurring Non Project (0001) Contingency (4711) to Non Departmental (470) General Fund (100) Non Recurring Non Project (0001) Other Programs (4712) to the line item titled “Board of Health Fee Waiver Fund Transfer” for the reimbursement of the Environmental Services fee waivers approved by the Board of Health. Also, authorize an increase in revenue authority in the amount of $19,015 in Environmental Services (880) Environmental Services Environmental Health Fund (506) Non Recurring Non Project (0001) and increase expenditure authority in the amount of $19,015 in Non Departmental (470) Grants Fund (249) Non Recurring Non Project (0001) with offsetting revenue and expenditures adjustments in Eliminations (980) Eliminations Fund (900) Non Recurring Non Project (0001). This action will have a net zero impact on the overall County budget. Board of Supervisors agenda item C-88-12-010-7-00, approved on June 20, 2012, authorized reimbursement to the Environmental Services Fee Fund for fees waived by the Board of Health for its work on behalf of the Board of Supervisors. At the Board of Health meeting on Monday, July 22, 2013, the Board of Health approved fee waivers totaling $19,015.00. Environmental Services requests reimbursement pursuant to C-88-12-010-7-00. (C-88-14-006-2-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman Absent: Wilcox Finance - Finanzas 42. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers from the operating funds to clearing funds including payroll, journal entries, allocations, loans, and paid claims and authorize the issuance of the appropriate related warrants. Said warrants and claims are on file in the Clerk of the Board’s office and retained in accordance with ASLAPR approved retention schedule. Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman Absent: Wilcox Government Relations - Relaciones Gubernamentales 43. RESOLUTION TO APPLY FOR AND ACCEPT TRIBAL GAMING FUNDS FROM THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY ON BEHALF OF THE MARICOPA COMMUNITY COLLEGE FOUNDATION FOR AMERICAN INDIAN PROGRAMS Formal Meeting Minutes Wednesday, August 21, 2013 Page 28 of 63 Pursuant to A.R.S. 5-601.02, authorize by resolution the application, the acceptance and pass-through of a Tribal Gaming Grant from the Salt River Pima-Maricopa Indian Community for the Maricopa Community College Foundation for American Indian programs in the not-to exceed amount of $125,000. Also, authorize the execution of all documents related to this grant which may include an Intergovernmental Agreement (IGA), Grant-in- Aid Agreement, or similar documents. Indirect costs are not applicable to Tribal Gaming Grants. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. An overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-20-14- 004-G-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 44. RESOLUTION TO APPLY FOR AND ACCEPT TRIBAL GAMING FUNDS FROM THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY ON BEHALF OF THE TGEN FOUNDATION FOR THE MOLECULAR PROFILING OF DISEASES AND DISORDERS PROJECT Pursuant to A.R.S. 5-601.02, authorize by resolution the application, the acceptance and pass-through of a Tribal Gaming Grant from the Salt River Pima-Maricopa Indian Community for the TGEN Foundation Molecular Profiling of Diseases and Disorders Project in the not-to-exceed amount of $125,000. Also, authorize the execution of all documents related to this grant which may include an Intergovernmental Agreement (IGA), Grant-in-Aid Agreement, or similar documents. Indirect costs are not applicable to Tribal Gaming Grants. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-20- 14-005-G-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 45. RESOLUTION TO APPLY FOR AND ACCEPT TRIBAL GAMING FUNDS FROM THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY ON BEHALF OF THE SOUTHWEST CENTER FOR HIV/AIDS FOR THE WE ARE HERE PROGRAM Pursuant to A.R.S. 5-601.02, authorize by resolution the application, the acceptance and pass-through of a Tribal Gaming Grant from the Salt River Pima-Maricopa Indian Community for the Southwest Center of HIV/AIDS We Are Here program in the not-to- exceed amount of $25,000. Also, authorize the execution of all documents related to this grant which may include an Intergovernmental Agreement (IGA), Grant-in-Aid Agreement, or similar documents. Indirect costs are not applicable to Tribal Gaming Grants. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-20- 14-006-G-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Formal Meeting Minutes Wednesday, August 21, 2013 Page 29 of 63 Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Human Resources - Recursos Humanos 46. AMEND THE PUBLIC DEFENSE SERVICES ATTORNEY MANAGEMENT AND PROFESSIONAL CAREER PATH Amend the Public Defense Services' Attorney Management and Professional Career Path. Changes include the creation of an attorney program supervisor assignment, adjustments to stipends, and changes to the number of management/professional assignments. (C-49- 11-024-6-02) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Supervisor Wilcox commended the use of career paths in items 46 and 47 saying it is a creative way to reward people and let them know you value them. Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 47. AMEND THE COUNTY ATTORNEY'S OFFICE CAREER PATH Amend the County Attorney’s Office Attorney Management and Professional Career Path. Changes include the creation of attorney mentor and assistant supervisor assignments, adjustments to stipends, and changes to the number of management/professional assignments. (C-49-11-056-6-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Human Services - Servicios Humanos 48. AMENDMENT TO THE BOYS AND GIRLS CLUB EAST VALLEY LEASE FOR HEAD START Approve and execute Amendment No. 3 to Lease No. Agreement L-7339 (C-22-04-107-4- 02) with The Boys and Girls Club of the East Valley, Inc., as Licensor, for the use of classroom space located at 44 North Oak, Gilbert, AZ. The purpose of this amendment is to extend the term (and set a new rental rate). The lease term is for five years at a cost of $425.00 per month. This amendment is effective from September 1, 2013 to August 31, 2018. This classroom and playground serves a total of 34 Head Start (HS) children, 3-5 years of age, through center-based services. The lease does not impact any County General funds. (C-22-04-107-4-03) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 49. AMENDMENT TO LEASE AGREEMENT WITH COMMUNITY ASSET AND RESOURCE ENTERPRISE PARTNERSHIP FOR EARLY HEAD START CLASSROOM Formal Meeting Minutes Wednesday, August 21, 2013 Page 30 of 63 Approve an Amendment No. 2 to Lease Agreement No. L-7410 (C-22-10-044-1-01) with Community Asset and Resource Enterprise (CARE) Partnership to exercise the option to extend the term of the lease for a classroom located at 466 South Bellview Street, Mesa with adjoining restrooms and play area adjacent to the classroom for an infant/toddler playground. The purpose of this amendment is to extend the term (and set a new rental rate). The new lease term is for twenty four months, from October 1, 2013 through September 30, 2015, with an option to renew for two additional consecutive two year terms. The rental fee is $525 per month or $6,300 per year and will be funded through Early Head Start FY2013-14 base funds. The Early Head Start Program will use this leased classroom for the purpose of providing a comprehensive developmental preschool for eight children 0-3 years of age. The lease does not impact any County General funds. (C-22-10-044-1-02) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 50. LICENSE AGREEMENT WITH PORTABLE, PRACTICAL, EDUCATIONAL PREPARATION, INC. FOR USE OF THE MARICOPA WORKFORCE CONNECTIONS ONE-STOP CAREER CENTER Approve, and authorize the Chairman to execute, License Agreement P50233 with Portable, Practical, Educational Preparation, Inc. (PPEP) to allow PPEP to utilize office space and equipment at the Maricopa Workforce Connections (MWC) West Valley One- Stop Career Center. PPEP will initially reimburse the County $301 per month toward their proportionate share of costs associated with the operation of the One-Stop Career Center. The monthly reimbursement amount paid to the County by PPEP will be adjusted for increases in operational costs of the Center. The term of the License Agreement will begin on July 1, 2013 and will expire on June 30, 2015, unless terminated earlier as provided for in the Agreement. Agencies co-located in the One-Stop Career Centers must reimburse the County for their proportionate share of costs for the operation of the Career Centers. All funds collected under this agreement will be applied against the costs associated to the operation of the West Valley One-Stop Career Center. There are no indirect costs collected on this agreement. Any necessary grant adjustments to accommodate this item will be made through a future reconciliation. This agreement does not impact the County General funds. (C-22-14-014-L-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 51. AMENDMENT TO THE CONTRACT WITH THE BOEING COMPANY FOR EMPLOYED WORKER TRAINING PROGRAM Approve Amendment No. 1 to the agreement between the Boeing Company and Maricopa County administered by its Human Services Department Workforce Development Division/Maricopa Workforce Connections. The agreement provides funding to the Boeing Company for the Employed Worker Training Program (EWTP). The amendment increases the funding from $11,000 to $12,000 and extends the contract term from September 14, 2013 to June 30, 2014. Formal Meeting Minutes Wednesday, August 21, 2013 Page 31 of 63 Funds for the agreement are provided through an Intergovernmental Agreement with Arizona Department of Economic Security (DES DE111009001) IGA (C-22-11-021-3) Workforce Investment Act of 1998 (WIA). As such, the funds are subject to all provisions of Public Law 111-5 as well as any guidance issued by the U.S. Department of Labor. The agreement does not contain any County General funds. The EWTP program is a job-specific reimbursable contract program that supports the delivery of customized training that meets the specific training needs of a business. The agreement and amendment will provide training to individuals in the aerospace industry. EWTP is supported by the WIA Title 1B – Adult program. (C-22-13-042-3-01) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 52. IGA WITH THE TOWN OF GUADALUPE FOR CRISIS CASE MANAGEMENT AND FINANCIAL ASSISTANCE SERVICES Approve an Intergovernmental Agreement (IGA) between the Town of Guadalupe and Maricopa County, administered by its Human Services Department (MCHSD), in the not to exceed amount of $20,000. The term of this agreement is from July 1, 2013 through June 30, 2014. The purpose of this IGA is to award funds to the Town of Guadalupe for the provision of crisis case management and financial assistance services (Services) for low-income Maricopa County residents of the Town of Guadalupe. The funds for this IGA will be paid from HSD’s appropriated general funds. (C-22-14-013-3- 00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 53. AGREEMENT WITH THE RESPITE SHELTER FOR HOMELESS MEN FOR FY2013- 2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTIVITY Approve an agreement between The Respite Shelter for Homeless Men, a non-profit organization, and Maricopa County through its Human Services Department in the not to exceed amount of $69,400. The purpose of this agreement is to provide Community Development Block Grant funds for shelter operations/services. This Agreement is effective upon execution and will expire upon completion of all CDBG requirements. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-13-052-G-01). Funding is included in the FY2013-2014 budget and does not impact the General Fund. The scope of this project includes providing shelter operations/services for homeless men being discharged from hospitals that require a place to recuperate and return to stability. The term of the agreement is 24 months from the date of agreement execution. (C-22-14- 006-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Formal Meeting Minutes Wednesday, August 21, 2013 Page 32 of 63 54. AGREEMENT WITH THE WITTMANN FIRE DISTRICT FOR FY2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTIVITY Approve an Agreement between the Wittmann Fire District and Maricopa County through its Human Services Department in the not to exceed amount of $223,742. The purpose of this agreement is to provide Community Development Block Grant funds for facility improvements. This Agreement is effective upon execution and will expire upon completion of all CDBG requirements. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-13-052-G-01). Funding is included in the FY2013-2014 budget and does not impact the General Fund. The scope of this project includes installation of a block fence and electronic swing gates for property security; installation of concrete drive/parking area; and enhancement of truck bay area for energy efficiency. The term of the agreement is 24 months from the date of agreement execution. (C-22-14-007-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 55. AGREEMENT WITH THE TOWN OF WICKENBURG FOR FY2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTIVITY Approve an Intergovernmental Agreement between the Town of Wickenburg and Maricopa County through its Human Services Department in the not to exceed amount of $292,471. The purpose of this agreement is to provide Community Development Block Grant funds for waterline improvements. This Agreement is effective upon execution and will expire upon completion of all CDBG requirements. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-13-052-G-01). Funding is included in the FY2013-2014 budget and does not impact the General Fund. The scope of this project includes replacing undersized 2000 linear feet of waterlines, valves, and hydrants. The term of the agreement is 24 months from the date of agreement execution. (C-22-14-008-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 56. AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES FOR FY2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTIVITY Approve an Agreement between Neighborhood Housing Services, a non-profit organization, and Maricopa County through its Human Services Department in the not to exceed amount of $66,277. The purpose of this agreement is to provide Community Development Block Grant funds for housing counseling and education services. This Agreement is effective upon execution and will expire upon completion of all CDBG requirements. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-13-052-G-01). Funding is included in the FY2013- 2014 budget and does not impact the General Fund. The scope of this project includes providing pre-purchase counseling and homebuyer education for low-to-moderate income residents. The term of the agreement is 24 months from the date of agreement execution. (C-22-14-009-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Formal Meeting Minutes Wednesday, August 21, 2013 Page 33 of 63 57. AGREEMENT WITH THE TOWN OF GUADALUPE FOR FY2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTIVITY Approve an Intergovernmental Agreement between the Town of Guadalupe and Maricopa County through its Human Services Department in the not to exceed amount of $471,653. The purpose of this agreement is to provide Community Development Block Grant funds for pavement replacement. This Agreement is effective upon execution and will expire upon completion of all CDBG requirements. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-13-052-G-01). Funding is included in the FY2013-2014 budget and does not impact the General Fund. The scope of this project includes replacement of approximately 11,980 square yards of asphalt pavement replacement. The term of the agreement is 24 months from the date of agreement execution. (C-22-14-010-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 58. AGREEMENT WITH THE CITY OF GOODYEAR FOR FY2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTIVITY Approve an Intergovernmental Agreement between the City of Goodyear and Maricopa County through its Human Services Department in the not to exceed amount of $589,670. The purpose of this agreement is to provide Community Development Block Grant funds for waterline and storm sewer improvements. This Agreement is effective upon execution and will expire upon completion of all CDBG requirements. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-13-052- G-01). Funding is included in the FY2013-2014 budget and does not impact the General Fund. The scope of this project includes installation of approximately 2,052 linear feet of waterline and 2,087 linear feet of storm drain in Goodyear’s historic neighborhood. The term of the agreement is 24 months from the date of agreement execution. (C-22-14-011-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 59. AGREEMENT WITH THE TOWN OF GILA BEND FOR FY2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTIVITY Approve an Intergovernmental Agreement between the Town of Gila Bend and Maricopa County through its Human Services Department in the not to exceed amount of $429,343. The purpose of this agreement is to provide Community Development Block Grant funds for waterline and fire hydrant replacement. This Agreement is effective upon execution and will expire upon completion of all CDBG requirements. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-13-052-G- 01). Funding is included in the FY2013-2014 budget and does not impact the General Fund. The scope of this project includes installation of approximately 2,670 linear feet of waterline and four fire hydrants within the town of Gila Bend. The term of the agreement is 24 months from the date of agreement execution. (C-22-14-012-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, August 21, 2013 Page 34 of 63 Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 60. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Human Services Department for July 2013 for a Non-Cash Value of $495.00. (C-06-14- 044-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Management and Budget - Administración y Presupuesto 61. MARICOPA MANAGED CARE LIEN RELEASE Maricopa County's Office of Management and Budget seeks approval and authorization to issue a lien release to Leonora McPherson for a claim made against the individual by former Maricopa Managed Care in early 2007. The Notice of Claim and Lien is in the amount of $783.39, for services rendered by Maricopa Managed Care from 2/20/05 to 3/1/05. The County will not recover any monies in return for a release of the claim and lien. (C-49-14-009-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Tom Manos said this is an old lien from 2007 for $780. Sandi Wilson explained that there are some unpaid patient charges from when the County owned the Managed Care Program and before Maricopa Integrated Healthcare System (MIHS) became the Special Healthcare District. She said they have been trying to collect on some of them. She added that the charges in this item cannot be collected and it is a write-off. Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Parks and Recreation - Parques y Recreación 62. MEMORANDUM OF UNDERSTANDING WITH ARIZONA GAME AND FISH COMMISSION AND VARIOUS OTHER ENTITIES FOR CONSERVATION OF THE BALD EAGLE IN ARIZONA Approve a Memorandum of Understanding with Arizona Game and Fish Commission, Arizona Public Service, US Bureau of Land Management (Arizona), Bureau of Reclamation (Lower Colorado Region, Phoenix Area Office), 56th Fighter Wing @ Luke Air Force Base (Department of Defense), Maricopa County, National Park Service (Intermountain Region), Salt River Project, US Army Corps of Engineers (South Pacific Division), US Fish & Wildlife Service (Southwest Region), US Forest Service (Southwestern Region) and other signatories for the Conservation of the Bald Eagle. Purpose of this MOU is to continue the conservation partnership previously established by a 2007 MOU to maintain and, where feasible and appropriate, enhance the breeding bald eagle population in Arizona. The agreement takes effect upon the date of the last signature of the approval and shall remain in effect for no more than five years from the date of execution. This agreement may be renewed or extended upon request of any signatory and approval of all signatories. This is a non-financial agreement. (C-30-14-001-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, August 21, 2013 Page 35 of 63 Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 63. WAIVER TO DONATION POLICY A2508 FOR PARKS AND RECREATION DEPARTMENT Approve a waiver for the Parks and Recreation Department (300) to section C.2 of Policy A2508 Policy for receiving Donations, requiring a monthly report of donated funds to the Board of Supervisors for FY 2013-2014. According to section C.3 the Parks & Recreation department maintains a segregated Donation Fund approved annually by the Board during the budget cycle and therefore requests a waiver to the monthly reporting policy. Per policy A2508, C.3. “Any Department that maintains a budgeted Donation fund may request an annual waiver to this policy utilizing the Board of Supervisors agenda process.” Parks and Recreation Department (300) maintains fund (243)-Donations, strictly for the receipt of funds gifted to Parks & Recreation. Public donations are used to support a variety of programs and services such as the desert fauna maintained for educational purposes, as well as supporting special events in the Parks for visitors. Donations received from development fees are used for major maintenance projects or towards capital improvement projects. By August 1, 2014 Parks & Recreation will provide an annual report of all donations accepted during FY 2013-14 to the Board of Supervisors, the Clerk of the Board, Internal Audit and OMB. (C-30-14-006-D-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 64. NEW COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT WITH AQUA ADVENTURES, LLC DBA ULTIMATE DIVE AND TRAVEL Approve a new Commercial Management Concessions Agreement with Aqua Adventures, LLC dba Ultimate Dive and Travel that will allow this Concessionaire to manage, operate and maintain a commercial concession for scuba diving from the waters of Lake Pleasant Regional Park, within the Maricopa County Regional Park System. Aqua Adventures, LLC dba Ultimate Dive and Travel will provide a commercial concession offering scuba instruction and certification. 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, 2013, with ten (10) one (1) year automatic renewals, unless either party gives prior notice of intent not to renew. (C-30-14-004-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 65. NEW COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT WITH DVMP, LLC DBA THE DIVE SHOP Approve a new Commercial Management Concessions Agreement with DVMP, LLC dba The Dive Shop that will allow this Concessionaire to manage, operate and maintain a commercial concession for scuba diving from the waters of Lake Pleasant Regional Park, within the Maricopa County Regional Park System. Formal Meeting Minutes Wednesday, August 21, 2013 Page 36 of 63 DVMP, LLC dba The Dive Shop will provide a commercial concession offering scuba instruction and certification. 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, 2013, with ten (10) one (1) year automatic renewals unless either party gives prior notice of intent not to renew. (C-30-14-005-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 66. SHARED WELL WATER AGREEMENT WITH ARIZONA AGRIBUSINESS AND EQUINE CENTER, INC Approve a Shared Well Water Agreement between Maricopa County and Arizona Agribusiness and Equine Center, Inc. (AAEC) an Arizona educational non-profit corporation, to allow AAEC limited well water access for their irrigation / non potable needs. The County owns an active well which lies on County-owned property in Paradise Valley Park situated to the east of AAEC’s parcel (formally Bowtie). The water distribution line runs under AAEC’s parcel (to which the County has been granted an easement for access) and continues to the west and provides irrigation / non potable water to County’s concessionaire, Paradise Valley Golf Course (PVGC). AAEC has requested to tap into the water distribution line under their property to provide an annual allocation of 20 acre feet of well water for their irrigation / non potable water purposes. The County believes it is in the best ecological interest to provide AAEC access to this water distribution line and PVGC agrees with AAEC’s use. AAEC will pay their proportionate costs of water usage, to include; (1) water usage fees; (2) electricity to pump the water; and, (3) maintenance and operation costs of the well system. The effective date of this Agreement will be the date approved by the Maricopa County Board of Supervisors. The term of this Agreement is ten years from the effective date with one (10) year extension upon mutual agreement of the parties. (C-30-14-002-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 67. IGA WITH THE CITY OF PEORIA FOR SHARED RECREATIONAL OPPORTUNITIES, PROGRAMS, MARKETING, AND SPECIAL EVENTS AT LAKE PLEASANT REGIONAL PARK Approve an Intergovernmental Agreement between Maricopa County and the City of Peoria that will allow the County and City to work in harmony for the common purpose of providing sustainable outdoor recreation opportunities in the Lake Pleasant Regional Park and educating the Public. This Agreement will enable the County, through its Parks and Recreation Department to coordinate with the City of Peoria, through its Community Services Department, on an individual basis, to conduct defined recreational opportunities, programs, and events, including but not limited to marketing/promotions that will benefit the public and the community in support of the Parks’ mission through responsible stewardship, to provide the Formal Meeting Minutes Wednesday, August 21, 2013 Page 37 of 63 quality parks, trails, programs, services and experiences that energize visitors and create life-long users and advocates. Opportunities or programs will be developed and approved by the County for each project. The City recognizes potential impacts and conflicts with its program types and those offered by the County and its Concessionaires, and agrees to dedicate 10% of gross program revenues on city-sponsored programs where offering such programs is deemed an impact to the County by its Director. All consideration of program impacts, revenue projections and existing county concessionaire contractual obligations will be detailed and addressed in each Project Scope. The agreement takes effect upon the date of the last signature of the approval and shall remain in effect for no more than five (5) years from the date of execution. This agreement shall automatically renew for one (1) additional five (5) year period thereafter, unless terminated sooner. (C-30-14-003-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Planning and Development - Planificación y Desarrollo 68. COMPETITION IMPRACTICABLE WITH AVOLVE SOFTWARE Approve a Competition Impracticable procurement, Maricopa County Procurement Code, MCI-351 with Avolve Software, for the purpose of upgrading and configuring the current installed Electronic Document Review Application (EDR), ProjectDox. The cost of the services is $114,294. The current EDR application requires an upgrade to continue to provide a stable application for citizens to submit applications on line for Planning and Development (P&D). P&D requested enhancements to the current application allowing for more efficient business processes and provides the ability to implement additional on-line permit submittals. P&D collaborated with Air Quality (AQ) and Environmental Services (ENVS) on the initiative, as all three departments use Accela Automation and can use this technology for on-line submittals eliminating the requirement for citizens to deliver paper documents to these departments. The solution is to be integrated with the current Permit application, Accela Automation, and will provide the public an optimal means of paperless submittal. (C-44-14-012-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Supervisor Wilcox asked Joy Rich the purpose of this upgrade. Ms. Rich replied that online participation has been decreasing and it is felt this would provide enhanced online services for the public. Supervisor Wilcox noted that there needs to be publicity on this to inform the public. Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Policy and Compliance - Política y Conformidad 69. RESCIND POLICY A2007- POLICY FOR INTERNAL INFORMATION REQUESTS Rescind Policy A2007, Policy for Internal Information Requests. Policy A2007, originally Formal Meeting Minutes Wednesday, August 21, 2013 Page 38 of 63 approved in March 2009, was implemented to track and allocate associated costs of information requests between County entities. Since its inception, Policy A2007 has become more procedural in execution and no longer requires compliance enforcement. Additionally, Policy A2007 requires frequent waiver requests to the County Manager’s office to eliminate the transfer of costs to the department making the request. (C-49-14- 001-6-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 70. AMENDMENT TO POLICY B1001, BUDGETING FOR RESULTS ACCOUNTABILITY POLICY Approve amendment to Policy B1001, Budgeting for Results Accountability Policy. The amended policy will no longer reference Policy A2007, Policy for Internal Information Requests. Section D.15, which required that costs exceeding $1,000 to fulfill a records request from one department to another be charged to the budget of the requesting department, was removed. This amendment has been made to maintain consistency as rescission of A2007 has been requested (C-49-14-001-6-00). Prior amendments to Policy B1001 include items C-49-09-067-2-00 and C-49-08-001-6-00. (C-49-12-012-6-01) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Procurement Services - Servicios de Adquisiciones 71. SOLICITATION SERIALS - SOLICITUD DE PUBLICACIONES SERIALES 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. a. 13081-S, OCCUPATIONAL HEALTH 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: 13081-S Item: Occupational Health Services ($3,100,000.00 estimate / 3 Years Until August 31, 2016 With 3 One-Year Renewal Option) This contract provides for Workers Compensation Occupational Health Services for the employees of Maricopa County under the direction of the Risk Management Department. Tri City Express Care PLLC dba FASTMED Urgent Care (C-73-14-008-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox b. 12037-ROQ, HUMAN SERVICES DEPT COMMUNITY SUPPORT 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. Formal Meeting Minutes Wednesday, August 21, 2013 Page 39 of 63 Serial: 12037-ROQ Item: Human Services Dept. Community Support Services ($2,953,000.00 estimate / 3 Years Until July 31, 2016 With 3 One-Year Renewal Option) This contract provides for as needed services designed to decrease recidivism among participants in the Human Services Community Outreach Program. 12037-A New Leaf 12037-AZ Center for Change 12037-CL Tatum 12037-Clinical Services Institute 12037-Crossroads 12037-Encourage Empowerment 12037-From Gangs to Jobs 12037-Grossman and Grossman 12037-Hopes Crossing 12037-JR Forensic & Clinical Psychology Services 12037-Marc Center of Mesa 12037-Maricopa Regional School District #509 12037-Mountain Valley Counseling Associates 12037-New Horizon Youth Homes 12037-Rio Salado Behavior Health Systems 12037-Trilogy Psychological Services 12037-Vision Group Home 12037-Western Mental Health and Restoration Services 12037-Youth Education and Social Services (C-73-14-006-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Jeff Taylor, representing the Salvation Army, commented on an organization, “From Gangs to Jobs” that will receive an award from this contract. He told Members about Natividad Mendoza, who was the focus of a TV program when he was a gang member in California. Mr. Mendoza now lives in Phoenix and works with the Outreach Program to help young gang members, mainly ages 14-25. He said Mr. Mendoza has been doing a highly effective rehabilitation program with young people for a number of years. He picks them up as they are being released from jail and gets them engaged in the program immediately. Mr. Taylor explained that Mr. Mendoza is passionate about individuals that society tends to “throw away” and explained that he helps them find housing and is very big on promoting education. He commended the Human Services department for funding programs that do so much to counteract recidivism. Supervisor Wilcox said it is very rare for people to come to the Board to thank departments for their help and she thanked him for taking the time to do so. c. 13029-RFP, ELECTRONIC POLL BOOK SYSTEM AND SUPPORT 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: 13029-RFP Item: Electronic Poll Book System and Support ($4,000,000.00 estimate / 3 Years with 3 One Year Renewal Option until August 31, 2016) This contract provides for Formal Meeting Minutes Wednesday, August 21, 2013 Page 40 of 63 the purchase of an Electronic Poll Book System and related support for the Maricopa County Elections Department. Robis Elections, Inc (C-73-14-009-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox d. 13093-IGA, CABLING COMMUNICATIONS SYSTEMS (SPO) Approve an increase in the price agreement for the following contracts. This request is due to an increased usage by county departments. Serial: 13093-IGA Item: Cabling Communications Systems (SPO) ($2,500,000.00) Increase price agreement value from $500,000.00 to $3,000,000.00. Approve an increase in the authorized expenditure limit of the Cabling Communications Systems Contract, through an Intergovernmental Agreement with the State of Arizona (RFP ADSPO12-00001779), from $500,000 to $3,000,000 and the addition of one vendor (Premise One) for the purchase and installation of cabling, various components and related services for the Office of Enterprise Technology. Applied Business Communication Dba: ABCOM Adkins Cabling LLC Cable Solutions LLC Level 7 Technologies LLC Premise One (C-73-14-010-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 72. 13053-CMR, LOWER BUCKEYE AND 4TH AVENUE JAILS FLAT CELL MODIFICATIONS PHASE I AND PHASE II Approve and authorize the execution of a Phase 1, Construction Manager at Risk (CMR), Pre-Construction Services Contract between Maricopa County and Woodruff Construction, Phoenix, Arizona, in an amount not-to-exceed $11,748.33, to provide general construction services for the conversion of cells in the Lower Buckeye and 4th Avenue Jails. Also, authorize the execution of a Phase 2, Construction Manager at Risk (CMR), Construction Contract between Maricopa County and Woodruff Construction, Phoenix, Arizona, in an amount not-to-exceed 10% of the project estimate, to construct the improvements for the conversion of cells in the Lower Buckeye and 4th Avenue Jails. These facilities are located in District 5. (C-73-14-005-5-00) Blue Crowley, resident, commented on items 72 and 73 asking which jails would receive the monies for improvements and how many cell locking devices would be improved for the money. Supervisor Barney replied that there are electric locks on the blocks of cell doors that are officer controlled. He said this would cover a need for modifications so all of the cell doors could be manually opened under certain emergency conditions. Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Formal Meeting Minutes Wednesday, August 21, 2013 Page 41 of 63 Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 73. 13075-CMR, CELL DOOR RELEASE IMPROVEMENTS - LOWER BUCKEYE AND 4TH AVENUE JAIL PHASE I AND PHASE II Approve and authorize the execution of a Phase 1, Construction Manager at Risk (CMR), Pre-Construction Services Contract between Maricopa County and Woodruff Construction, Phoenix, Arizona, in the amount not-to-exceed $26,034.24, to provide general construction services for cell door release improvements in the Lower Buckeye and 4th Avenue Jails. Also authorize the execution of a Phase 2, Construction Manager at Risk (CMR), Construction Contract between Maricopa County and Woodruff Construction, Phoenix, Arizona, in a amount not-to-exceed 10% of the project estimate, to construct the improvements for cell door releases in the Lower Buckeye and 4th Avenue Jails. These facilities are located in District 5. (C-73-14-007-5-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Public Health - Salud Pública 74. AFFILIATION AGREEMENT WITH IOWA STATE UNIVERSITY (ISU) TO PROVIDE TRAINING EXPERIENCE FOR ISU STUDENTS IN THE PUBLIC HEALTH WIC PROGRAM Approve the Affiliation Agreement between the Iowa State University (ISU) Food Science and Human Nutrition Department, and Maricopa County through its Department of Public Health (MCDPH) to provide public health training experience for ISU students in the MCDPH Women, Infant and Children (WIC) program. The agreement is non-financial, and is effective from July 1, 2013 until June 30, 2018. (C-86-14-008-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 75. AFFILIATION AGREEMENT WITH WESTERN REGIONAL MEDICAL CENTER, INC. TO PROVIDE CLINICAL NUTRITION TRAINING EXPERIENCE FOR GRADUATE STUDENTS IN THE DIETETIC INTERNSHIP PROGRAM Approve the Affiliation Agreement between Western Regional Medical Center (WRMC), Inc. and Maricopa County through its Department of Public Health (MCDPH) to provide clinical nutrition training experience for graduate students in the dietetic internship program. The agreement is non-financial, and the term is from July 1, 2013 through June 30, 2018. (C-86-14-009-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 76. AGREEMENT WITH CITY OF GOODYEAR FOR STRATEGIC NATIONAL STOCKPILE ASSETS Approve the Agreement between the City of Goodyear and Maricopa County through its Department of Public Health (MCDPH); Office of Preparedness Response (OPR), to provide Strategic National Stockpile (SNS) Assets in the event of a public health emergency. The term of this non-financial agreement shall begin upon execution by both parties and shall be in effect until terminated by either party. Formal Meeting Minutes Wednesday, August 21, 2013 Page 42 of 63 The MCDPH, Office of Preparedness Response was previously known as the Maricopa County Department of Public Health’s Emergency Management Program (PHEM). (C-86- 14-010-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 77. AGREEMENT WITH THE TOWN OF FOUNTAIN HILLS FOR STRATEGIC NATIONAL STOCKPILE ASSETS Approve the Agreement between the Town of Fountain Hills and Maricopa County through its Department of Public Health (MCDPH); Office of Preparedness Response (OPR), to provide Strategic National Stockpile (SNS) Assets in the event of a public health emergency. The term of this non-financial agreement shall begin upon execution by both parties and shall be in effect until terminated by either party. The MCDPH, Office of Preparedness Response was previously known as the Maricopa County Department of Public Health’s Emergency Management Program (PHEM). (C-86- 14-013-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 78. AGREEMENT WITH THE TOWN OF CAVE CREEK FOR STRATEGIC NATIONAL STOCKPILE ASSETS Approve the Agreement between the Town of Cave Creek and Maricopa County through its Department of Public Health (MCDPH); Office of Preparedness Response (OPR), to provide Strategic National Stockpile (SNS) Assets in the event of a public health emergency. The term of this non-financial agreement shall begin upon execution by both parties and shall be in effect until terminated by either party. The MCDPH, Office of Preparedness Response was previously known as the Maricopa County Department of Public Health’s Emergency Management Program (PHEM). (C-86- 14-011-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 79. AGREEMENT WITH THE TOWN OF WICKENBURG FOR STRATEGIC NATIONAL STOCKPILE ASSETS Approve the Agreement between the Town of Wickenburg and Maricopa County through its Department of Public Health (MCDPH); Office of Preparedness Response (OPR), to provide Strategic National Stockpile (SNS) Assets in the event of a public health emergency. The term of this non-financial agreement shall begin upon execution by both parties and shall be in effect until terminated by either party. The MCDPH, Office of Preparedness Response was previously known as the Maricopa County Department of Public Health’s Emergency Management Program (PHEM). (C-86- 14-015-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, August 21, 2013 Page 43 of 63 Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 80. AGREEMENT WITH THE BOEING COMPANY FOR STRATEGIC NATIONAL STOCKPILE ASSETS Approve the Agreement between The Boeing Company and Maricopa County through its Department of Public Health (MCDPH); Office of Preparedness Response (OPR), to provide Strategic National Stockpile (SNS) Assets in the event of a public health emergency. The term of this non-financial agreement shall begin upon execution by both parties and shall be in effect until terminated by either party. The MCDPH, Office of Preparedness Response was previously known as the Maricopa County Department of Public Health’s Emergency Management Program (PHEM). (C-86- 14-014-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 81. AGREEMENT WITH THE TOWN OF PARADISE VALLEY FOR STRATEGIC NATIONAL STOCKPILE ASSETS Approve the Agreement between the Town of Paradise Valley and Maricopa County through its Department of Public Health (MCDPH); Office of Preparedness Response (OPR), to provide Strategic National Stockpile (SNS) Assets in the event of a public health emergency. The term of this non-financial agreement shall begin upon execution by both parties and shall be in effect until terminated by either party. The MCDPH, Office of Preparedness Response was previously known as the Maricopa County Department of Public Health’s Emergency Management Program (PHEM). (C-86- 14-012-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 82. 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. 31 to Notice of Grant Award (NGA) H80CS0044-12-02, 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 healthcare for homeless individuals. This grant award authorized additional funding for federal assistance in the amount of $121,293, the Federal Share: $2,657,730 and the total approved budget of $2,857,730. This budget period is from November 1, 2012 through October 31, 2013. 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 $15,821 which is fully recoverable. Grant revenues are not local revenues for the purpose of the constitutional expenditure Formal Meeting Minutes Wednesday, August 21, 2013 Page 44 of 63 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- 073-2-30) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 83. AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FROM ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HIV PREVENTION SERVICES Approve Purchase Order No. ADHS13-034910:1 to Intergovernmental Agreement (IGA) for HIV Prevention Program between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH) to provide grant funding for the HIV Prevention Services. This Purchase Order is for $399,150 for the budget period July 1, 2013 through June 30, 2014; with a contract total not-to-exceed amount of $798,299. The term of this Agreement is July 1, 2012 through June 30, 2017. 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 at $251,062. The Department of Public Health’s indirect rate for FY2013-2014 is 15%. Total indirect expenses based on full award are estimated to be $54,224 of which $37,659 is recoverable and $16,565 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-86-13-050-3-01) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 84. AMENDMENT TO IGA WITH THE ARIZONA BOARD OF REGENTS, UNIVERSITY OF ARIZONA FOR TRAINING DELIVERY Approve Amendment No. 6 to the Inter-governmental Agreement (IGA) between The University of Arizona, Arizona Board of Regents and Maricopa County through its Department of Public Health (MCDPH), Office of Preparedness and Response (OPR) formally known as Public Health Emergency Management Program (PHEM) for training delivery. Amendment No. 6 exercises the option in General Provisions, Section I, Paragraph 24, Right to Extend Contract, to extend the contract for additional periods, not to exceed a total term of five (5) years. This amendment extends the expiration period to August 9, 2014. Also, this is the last year of the term. All other terms and conditions of the original agreement and its amendments shall remain in full force and effect. (C-86-09-067- 3-06) Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Formal Meeting Minutes Wednesday, August 21, 2013 Page 45 of 63 85. CONTRACT WITH NATIONAL HANSEN’S DISEASE PROGRAM FOR MEDICAL TREATMENT OF HANSEN'S DISEASE Approve Contract HRS115216 between National Hansen’s Disease Program (NHDP) and Maricopa County by and through its Department of Public Health (MCDPH) for a contract award providing medical treatment of Hansen’s Disease. The budget period is from September 1, 2013 through December 31, 2013 in the amount of $12,836. The total not-to- exceed contract amount is $176,596 upon satisfactory performance of the services. The Contract term is from September 1, 2013 through December 31, 2017. The Department of Public Health’s indirect rate for FY2013-2014 is 15%. Indirect costs are estimated at $1,674 and are fully 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-86-14-016-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 86. CONTRACT AMENDMENT/MODIFICATION WITH NATIONAL HANSEN’S DISEASE PROGRAM Approve Amendment/Modification No. 5 and No. 6 for Contract (HHSH258201000006C) between National Hansen’s Disease Program (NHDP) and Maricopa County by and through its Department of Public Health (MCDPH) for a grant award providing medical treatment of Hansen’s Disease. The purpose of these Amendments is to extend the Period of Performance from July 1, 2013 to August 31, 2013. The total obligated amount is increased by the sum of $6,418.16 from $125,154.25 to $131,572.41. All other terms and conditions remain in full force and effect. The Department of Public Health’s indirect rate for FY2012-2013 is 15.8%. Indirect costs are estimated at $876 and are fully 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-86-10-133-3-05) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 87. PURCHASE ORDER WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR WEST NILE VIRUS SERVICES Approve Purchase Order (PO) (ADHS12-012315:2) for Inter-governmental Agreement (IGA), Contract No. (ADHS12-012315) between Arizona Department of Health Services (ADHS) and Maricopa County through its Department of Public Health (MCDPH), Formal Meeting Minutes Wednesday, August 21, 2013 Page 46 of 63 Epidemiology, to provide funding for the West Nile Virus (WNV) Program. The WNV program will create monthly enhanced surveillance project task reports. The PO not-to- exceed amount is $17,000, for the budget period August 1, 2013 through September 30, 2013. The term of the IGA is October 1, 2011 through September 30, 2016. The Department of Public Health’s indirect rate for FY2013-2014 is 15%. Grant indirect costs are fully-recoverable and are estimated to be $2,217. 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 IGA is provided by a grant from ADHS and does not affect the County’s general fund. (C-86-12-033-3-02) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Transportation - Transportación 88. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements, right-of-way documents, and relocation assistance for highway and public purposes as authorized by road file resolutions or previous Board of Supervisors’ action. (C-06-14-045-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Clerk of the Board - Secretaria de la Junta 89. APPOINTMENT TO THE SELF-INSURED BENEFITS TRUST FUND, BOARD OF TRUSTEES Approve the appointment of Rex Jorgensen to the Self-Insured Benefits Trust Fund, Board of Trustees representing Supervisorial District 3. The term of the appointment will be from the date of Board approval through February 24, 2015. (C-06-14-036-7-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Chairman Kunasek thanked Mr. Jorgensen in advance for the expertise he will bring to this Board saying he has a great deal of knowledge and experience in the benefits arena and will do a great job as a board member. Ayes: Kunasek, Barney, Chucri, 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, Formal Meeting Minutes Wednesday, August 21, 2013 Page 47 of 63 amenos que de otromodo notado~ Planning and Development - Planificación y Desarrollo 90. PLANNING AND ZONING HEARINGS Schedule the following items for public hearing at the September 11, 2013 Board Meeting: CPA2012014 - Standage RV Storage - Comprehensive Plan Amendment from Suburban Residential to Neighborhood Retail Center Z2012106 - Standage RV Storage - Special Use Permit for RV/Boat/Vehicle storage in Rural-43 (C-44-14-006-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Environmental Services 91. ES-2013-002 / REVISIONS TO MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE - MCEHC Pursuant to A.R.S. §A.R.S. §36-184.B.5, set a public hearing for September 25, 2013 to solicit comments and consider the adoption of non-fee related proposed revisions to Maricopa County Environmental Health Code - MCEHC Chapters I, VIII, and X. Upon Board approval, this item will become effective September 25, 2013. The Maricopa County Board of Health reviewed and discussed non-fee related proposed revisions to MCEHC Chapters I, VIII, and X at public meetings held at 3:00pm on Monday, April 22, 2013, and 3:00pm on Monday, July 22, 2013, at the Board of Supervisors Conference Room, 301 West Jefferson Avenue, 10th Floor, Phoenix, Arizona 85003. Non-fee related proposed revisions to MCEHC Chapters I, VIII, and X include: This code revision adds clarification to defined terms, removes unnecessary items and edits for improved readability. No fee changes are requested. However, the Water and Waste Management Division section of the MCEHC Chapter I Fee Schedule will be reorganized by annual permit categories, followed by plan review categories, to reduce redundant fee lines. In addition, fees used by multiple programs will be shown one time. The proposed reorganization will allow customers to identify applicable fees in the MCEHC. (C-88-14-002-L-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 92. ES-2013-003/REVISION TO MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE (MCEHC) – FOOD SERVICE WORKER Pursuant to A.R.S. §A.R.S. § 11-251.13, set a public hearing for September 25, 2013 to solicit comments and consider the adoption of proposed revisions to MCEHC Chapter VII. Upon Board approval, this item will become effective September 25, 2013. The Maricopa County Board of Health reviewed and discussed proposed revisions to MCEHC Chapter VII at public meetings held at 3:00pm on Monday, April 22, 2013 and 3:00pm on Monday, July 22, 2013, at the Board of Supervisors Conference Room, 301 Formal Meeting Minutes Wednesday, August 21, 2013 Page 48 of 63 West Jefferson Avenue, 10th Floor, Phoenix, Arizona 85003. Proposed revisions to MCEHC Chapter VII include: This code revision establishes the opportunity for those with a disability to obtain a Limited Use Food Service Worker Card. It also clarifies existing exemption language and enhances consistency with Chapter VIII terminology. No fee changes are requested. However, the fee associated with the Limited Use Food Service Worker Card will be $5.00 for the original card and $3.00 for a duplicate card, the same as listed in the MCEHC Chapter I Fee Schedule for the existing Food Service Worker Card (original and duplicate versions, respectively). The Limited Use Food Service Worker Card expires three years from the date of issue. (C-88-14-003-L-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 93. NON-FEE RELATED PROPOSED REVISIONS TO CHAPTER VI OF THE MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE (MCEHC) Pursuant to A.R.S. §A.R.S. §36-184.B.5, set a public hearing for September 25, 2013 to solicit comments and consider the adoption of non-fee related proposed revisions to Maricopa County Environmental Health Code - MCEHC Chapter VI. Upon Board approval, this item will become effective September 25, 2013. The Maricopa County Board of Health reviewed and discussed non-fee related proposed revisions to MCEHC Chapter VI at public meetings held at 3:00pm on Monday, April 22, 2013 and 3:00pm on Monday, July 22, 2013, at the Board of Supervisors Conference Room, 301 West Jefferson Avenue, 10th Floor, Phoenix, Arizona 85003. Non-fee related proposed revisions to MCEHC Chapter VI include: • This code revision clarifies certain pool construction requirements to prevent varied interpretations. • No fee changes are requested. (C-88-14-005-L-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Wilcox Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta 94. 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-06-14-048-7-00) Name Warrant # Amount Youngtown Café 330022776 250.00 Formal Meeting Minutes Wednesday, August 21, 2013 Page 49 of 63 Maria Guerra Gonzales 22048089 140.00 Barbara Ann Bartlett 22066022 5.00 Barbara Ann Bartlett 22047990 100.00 Mary Frances Johnsen 21964478 140.00 Ed Speldy East Company LTD 330023204 941.56 Versata, Inc. 330025584 27,542.59 William Oglesby 340000626 273.00 Abdinasir Hersi 130102284 337.03 Universal Athletic Service 430108964 720.29 Alicia Gonzales 130102592 377.62 Anahi Bermudez 140003776 1,011.49 Psychoeducational Assessment 430085547 2,480.00 School Services Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 95. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board meetings held June 19, 2013 and July 11, 2013. Also, approve an administrative correction to the March 25, 2013 minutes, these minutes were approved on April 24, 2013. (C-06-14-030-7- 00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 96. 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-06-14-039-7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 97. PROPERTY RE-CLASSIFICATION APPEAL - FOR APPROVAL Pursuant to A.R.S. §42-12052, approve the property owner's appeal to re-classify property, which has satisfied the requirements of occupancy status, and re-classify the property to class three properties (owner occupied). Waive assessed penalties and liens related to this recent reclassification action. Direct the County Assessor to re-classify the property to class three (owner occupied), pursuant to A.R.S. 42-12003. Parcel Numbers Property Owners 102-30-578 Acosta Robin/Belinda Tr 109-27-021 Gomez Francisco R G/Ramiro Claudia A S 110-19-081 Dorris Albert J/Kasel Mark A 113-59-147 Neukam Ashley 118-22-355 LaRock Maria Soto 126-14-018 G & C Venetis Trust Formal Meeting Minutes Wednesday, August 21, 2013 Page 50 of 63 127-18-008 Devenuto Joseph A/Faressa N 130-34-120 Daniel A Demarco Trust 131-41-074 Stephens Christopher Thomas 133-01-405 Ryan Doug S/Karen E 137-13-029 Al and Rebecca Johnson Revocable Living Trust 139-14-227 Riggs Geoffrey/Brenda S 139-22-045 Inzunza Olivia 140-25-217 Kaczmarek Danielle N 140-36-357 Anderson Robert A Tr/Colleen A Tr 140-37-015 Schomer Michael F Sr/Ruth E Tr 140-62-014 Gonzalez Vincent/Valdez Rosanna 141-47-082 Pasco William F/W Jean Tr 141-70-412 Labat Rodney/Constance 141-72-010 Presley James/Sharon 141-78-052 Ronald F Benner and Juliann T Brenner Trust 141-93-978 Kruger Michael G/Rennae A Tr 142-26-477 Ramirez Victor Gilberto/Bustillos Jessica 142-31-017 Van Der Hart Clarence 142-37-263 Kay Robert M/Marcella R 142-70-563 Agren David W/Diane L 142-72-476 Harkin Stephen M/Lorraine M 142-73-771 Oullet Paul/Denise C 142-86-002 Jones Freddie L/Lisa 148-04-217 Hanson Larry D/Mary L Tr 148-04-306 Schutze Jennifer 150-24-272 Soriano Marie E 151-15-026 Hughes Thomas E/Nora F 151-23-023 Trust of Thomas W Reid The 154-25-072 Carson William F/Debra L 156-02-033 Koen Michelle 156-16-041 Robles Adam/Brittney 160-65-114 Mims Charles Wayne 162-21-009 Carroll Chad William 168-80-003 Bobrow Bentley/Mojdeh 173-29-229 Lloyd Douglas W Jr/Sally Heath F Tr 173-30-155 Taylor Allyn 173-35-482 Lorenzo Cynthia M 175-04-067 Zavlunov Eduard/Liliya 175-31-313 Hunsinger Janice M 175-59-197 Terwilleger Karen L 176-07-150 Richards Ronald K/Shannon E 176-28-077 Grantham Anthony/Kelley 200-05-498 Joseph Victor/Sharon L Tr 200-19-347 Ayyappan Rajesh/Bindu 200-38-817 Schlesiger Sharon M 200-44-609 Luttinen Matthew C 200-53-501 Louis Bolivar and Joanne Bolivar Trust 200-54-579 McFern David A/Carol B 200-61-276 Parrini Elizabeth Tr 200-62-182 Perdue Jimmy/Debra 200-74-204 Jones Merle H/Elizabeth C Tr 200-77-908 Buckner Carl D/Pinnell Kathleen A 200-91-335 Greco Richard K 200-98-036 Gaye Cheikh A 201-07-039 Flick Larry/Tracey Formal Meeting Minutes Wednesday, August 21, 2013 Page 51 of 63 201-09-057 Mergen Keith G/Heidi L 201-36-240 Mattingly Steven W 201-40-720 Baumgartner Karl M/Zenaida C 201-41-077 Agrawal Ashish/Poonam 203-10-276 Sharp Jonathan D/Belinda A 205-03-131 Sutter Mark K/Kimberlee A 205-12-367 Jares George/Helen 205-12-608 Harrison Martin/Carol Ann 206-11-555 Ruprecht Samantha 208-04-007 Sutherland Robert 208-27-351 Records John M/Pamela W 208-31-439 Kottom Terry L/Lesley A 209-22-199 Samo Luay 211-22-311 Stewart John/Jodi 211-50-057 Young Judy 211-57-050 Beeks Robert W/Chun 212-24-020 Mei Ray J/Marguerite 212-47-590 Ong Donna Y 213-12-319 Bedortha Tim A/Shannon K 214-17-335 Dixon Lamar A/Audree B Tr 214-25-070B Martin Elizabeth A 214-54-072 Apostol Theodore J/Carol A 214-59-130 Centers Jeffrey C 215-07-201 Hamilton Josephine 215-10-279 Rosen Family Revocable Trust 215-36-517 Tobar Barbara 215-70-135 Marsh Katherine 216-49-681 Straede Sharon 217-02-472 Ziomek Robert M/Martha Tr 217-03-512 Williamson Donald J/Barbara 217-11-425 Anderson Lauretta M Tr 217-13-199 Medearis Lauretta A 217-47-381 Moyer Barbara K/Connelly Michael J 217-47-752 Jacobson Kimberly 217-61-781 Cooper Michael/Denise 218-07-685 McBay Kent J/Lindsey W 218-18-255 Meyer Jon C/Maxine A 218-29-093 Commons Michael Glen 219-56-333 Miner Amos B/Oconnor Susan 219-60-816 Carlson Donald/Sally Smith 220-10-116 Reeder Bryan D/Hailee M 230-01-031 Skoney John D 230-04-806 Powell Keith L Tr 231-13-243 Castro Maria R 231-15-306 Abassi Firoozeh Faith 232-10-125 Phillips Patrick D/Jeanne L 232-39-320 Peddle William R/Mary L 232-41-420 Nagler Ralph James/Nadine Elyse 233-04-404 Torres Frank A Jr 300-02-862 Melendez Luis 300-40-369 Joe C and Mary L Lugo Trust 300-54-081 Arellano Lucia 301-05-361 Saucedo Jose F Tr 301-40-367 Moreno Shirley J 301-56-028 Horvat Matthew C Formal Meeting Minutes Wednesday, August 21, 2013 Page 52 of 63 301-75-748 Enns Family Trust 301-83-856 Quality Home Rentals/Bolam Gloria 302-48-579 Pontious Sheldon/Gena 303-22-048 Schaier Arthur 303-36-617 Harms Revocable Living Trust 303-40-377 Stark Brenton C/Lisa M Arambula Stark 303-45-452 Bezozo Spencer 303-48-153 Bradley Allen and Rama Rani Katz Rev Trust 303-55-273 Little Chris A /Joanna 303-60-603 Phalen William J/Nancy S Tr 303-61-903 Rosso Martin A Jr/Mary E 303-73-162 Schneider Lois M 303-84-530 Thompson Russell/Melissa 303-91-158 Gardner Tracy A 304-10-707 Sinnott Richard S/Christina R 304-20-082 Ronald F Benner and Juliann T Brenner Trust 304-24-308 Jackson Charles/Leann 304-25-353 Nappa Theresa L 304-38-177 Murray Donald S/Patricia A 304-42-738 Sheehan Neil J/Starcy L 304-47-252 Steven D Halter and Tammy M Halter Trust 304-58-069 Mann Susanne M 304-61-649 Leavitt Gregory L/Breonne G 304-62-235 Day Brett M/Franchesca Vidaur 304-62-239 Greene Tammy 304-62-273 Mozingo Mathew 304-62-284 Jambor Robyn 304-62-325 Giron Eugena 304-62-345 Schoenhofen William/Patricia 304-62-615 Wiggins Laura 304-64-555 Yost Christopher L/Vicki J 304-65-455 Gilbert Vernita 304-65-827 Ahearn Patricia A Tr 304-66-219 Spratley Terry/James 304-66-471 Pino David/Berumen Andrea 304-66-472 Bluth Andre E/Cynthia P 304-66-532 Lynn David M/Karen 304-66-559 Lux Margaret L 304-66-567 Cova Luis E/Emily B 304-67-135 Edwards John Joseph Jr/Deborah 304-67-332 Hrkal Miloslav/Zuzana 304-67-444 Hintze Matthew/Amy J 304-67-458 Keeton Charles C/Kathleen Y 304-67-770 Traasdahl Jeremy C/Cassandra M 304-67-877 Babino Erica R Tr 304-68-149 Berg Fred Jr/Carolyn M Tr 304-68-520 Hunter Daniel S/Carolyn J 304-68-659 Thomson Marshall 304-68-699 Thomas David L/Karen M 304-68-708 Reed Travis J/Emily M 304-68-762 Eichman Allan M/Shari M 304-83-565 Smith David/Christine J 304-86-001Q Isom Matthew A 304-86-055 Grode Kenneth J/Julie M 304-86-128 Schiavone Antonio/Michelina Tr Formal Meeting Minutes Wednesday, August 21, 2013 Page 53 of 63 304-87-015C Foust David F/Christine M 304-87-022 Bouchal Francis C 304-88-085E Smith David F/Mary Katherine 304-88-086G Coury Donna 304-89-068F Fletchall Jeremy S 304-90-117A Brown Jennifer R/Christopher M 304-90-223 Shahan William D/Patricia A Tr 304-90-775 Cook Jerry J/Joyce S 304-91-059D Klettke Stuart L/Vickie I Tr 304-91-133 Vasquez Vickey L 304-91-377 Pasinski Joel D 304-91-759C Gausden Michael J/Karen A Tr 305-09-238 Patai Rudy G 306-02-729 Sim Revocable Trust 306-03-271 Hormes Family Trust 308-02-034 Bowden Denise R 308-04-374 Rose Thomas Blake/Jennifer Lynn 308-06-625 Chakraborty Arpan/Chowdhury Srabanti 308-06-804 Mossotti Stacie 308-08-313 Pyne James R/Gloria June Tr 308-08-394 Fuentes Erick R 309-07-458 Crouse Nicholette 314-02-175 Johnson Anderson III 314-03-001 Cini Michael S/Laura B 314-03-200 Aushana Youil 314-03-636 Young Tracy Lynne 314-03-690 Popken Patricia C 314-04-135 Reiter Bret E/Linda Marie 314-04-141 DeFrancis Paul M 314-04-211 Stewart Dawson F 314-04-467 West Willie E Jr/Denise Y 314-05-203 Martins Augusto J 314-05-404 Heath Roberta C 314-05-588 McKee Monica Lynn 314-05-760 Heywood Michael/Kimberly 314-06-621 Naples Maria A 314-06-897 Johnson Ardeen M/Holden Rodney 314-09-439 Bates Loren Jay 314-09-465 Rockwell Walter D/Barbara 314-09-482 Petit Christopher Allen/Butler Breann Rae 314-09-518 Blake Raymond J Jr/Beulah Donna 400-01-037 Caudle Rebecca 400-52-094 Vuckovich Ronald M/Margaret E 403-02-046 Villegas Petronilo/Sylvia 403-61-129 Mills Howard B/Elizabeth A 500-04-121 Piercy Jack 500-04-366 Holtsclaw Matthew/Windham 500-43-175 Sanchez Ronnie A & Dora T 501-37-254 Domain Richard Leo 501-62-071 Ede-Wigton Tora SG 501-72-359 Robinson Jonathan Taylor 501-74-243 Hollmenn Michelle C 501-82-416 Brooks Troy A III/Jennifer J 501-90-357 Ramirez Elizabeth/Velazquez Ivan J 501-95-542 Dana Cherie Skillen Revocable Trust Formal Meeting Minutes Wednesday, August 21, 2013 Page 54 of 63 502-01-043 Callcut James/Pamela 502-05-123 Nichols Jolene S/Randell K 502-17-095 Hernandez Jose A/Donna L 502-84-583 Jones Scott M/Carol A 503-76-059 Voelker Edward M/Connie E 503-86-403 Indelicato Vincenzo Jr/Rita R/Vincent III 503-88-148 Jones Brad/Curtis Craig 503-99-926 Stuhr Kenneth/Consuelo 507-08-110 Morgan David Glenn II 508-04-574 Huss Nancy O 508-11-343 Diaz Jesus 508-12-408 Perez Bryan/Michelle M 509-01-125 Indelicato Vincenzo Jr/Rita R/Vincent III 509-12-054 Brown Charles William/Kornow Brown Margaret 509-16-285 Melicia Stacy/Colin 510-01-240 West Christopher J/Rosalinda 510-01-357 Rosales Richard N/Christine A (C-06-14-046-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 98. SECURED 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-06-14-042-7-00) Phase Tax Year Tax Difference Number 2010 0311 -8,229.66 2012 0114 -830,423.74 2011 0198 -140,157.54 2008 0469 -988,908.54 2009 0409 -380,745.40 2010 0314 -14,293.22 2011 0201 -418,307.24 2012 0117 -589,135.46 Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 99. 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: TX2010-000490; 2010 / 2011: TX2010-001011; TX2010-001301; 2011: TX2010-000552; 2011 / 2012: TX2010-000749; 2012: TX2011-000925; Formal Meeting Minutes Wednesday, August 21, 2013 Page 55 of 63 2013: TX2012-000696; TX2012-000703; TX2012-000759; TX2012-000801 (C-06-14-037- 7-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 100. STALE DATED WARRANTS Pursuant to A.R.S. §11-644 the Board of Supervisors finds that claims presented, are legitimate and that claimants have demonstrated good and sufficient reason for failure to present the original check or warrant within the allotted time. Accordingly, the claims are allowed. (C-06-14-043-7-00) Name Warrant # Amount Debbra Tucker 21926223 100.00 Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 101. TAX ABATEMENTS Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to ARS 42-18353 for the parcel numbers, tax years and amounts as listed below: 200-09-209D 2007 $298,441.14 200-09-210D 2007 $67,381.27 212-38-004A 2008 through 2012 $67,921.92 (C-43-14-004-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 102. TAX ABATEMENTS Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to ARS § 42-18353 for the parcel numbers, tax years and amounts as listed below: 105-34-048 2007, 2008, 2009 $3,823.60 133-47-072H 2012 $83,263.02 142-57-002A 1992 through 2005 $1,288.25 142-88-689 1997 through 2005 $1,218.35 159-03-741A 1990 through 2012 $197,439.16 174-62-001F 1997 through 2004 $1,050.33 200-25-260 1998 $615.88 215-50-003M 1992 through 2004 $1,499.74 300-16-050D 2001 through 2006 $955.66 300-16-050E 2001 through 2006 $955.66 303-18-122B 1995 through 1999 $529.19 303-29-003A 2001, 2002 $794.81 304-68-020L 2004 $72.45 501-33-940C 2005 through 2012 $103,994.80 (C-43-14-003-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Formal Meeting Minutes Wednesday, August 21, 2013 Page 56 of 63 BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES Facilities Management A-1. ONE TIME CONTINGENCY REQUEST AND AMENDMENT TO FIVE-YEAR MAJOR MAINTENANCE PLAN In accordance with A.R.S. 42-17106(B), authorize the following amendment to the FY 2014 budget: a) Decrease the expenditure authority for the Non Departmental (470) General Fund (100) Non Recurring Non Project (0001) Contingency (4711) in the line "Unreserved Contingency" by an amount not to exceed $550,000; b) Increase the expenditure authority in the Facilities Management (700) General Fund (100) in the Admin Building Improvements (ABII) Project by an amount not to exceed $550,000 from $0 to not more than $550,000; These actions will have a County-wide net impact of zero and they do not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. Approval of this action will allow the Facilities Management Department to replace the emergency generator, fuel tank, and automatic transfer switches for the 301. W. Jefferson Administration building. The current emergency generator is at the end if its life cycle. A new 1000kW generator will be installed. It is the primary emergency generator for the Administration Building. This action will only be taken if this work cannot be performed within the adopted FY General Fund Major Maintenance Operating Budget for Facilities Management. (C-70-14-002-2-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Employee Health and Benefits A-2. MCKESSON GOVERNMENTAL ENTITIES AVERAGE WHOLESALE PRICE LITIGATION Approve the Proof of Claim submitted by Maricopa County on February 23, 2012 for inclusion in the settlement of a certified class action filed by other governmental entities for reimbursement of overpayments made for certain brand-name prescription drugs. Authorize compromise of the claim in the amount of $64,453.16. (C-39-14-005-2-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox County Attorney A-3. LIMITED WAIVER OF CONFLICT OF INTEREST FOR SQUIRE SANDERS, LLP Approve a request for a limited waiver of conflict of interest for Squire Sanders, LLP in the matter of Sundevil Power Holdings, LLC v. Arizona Department of Revenue, TX2013- 000006. The conflict waiver request does not involve, and this waiver does not extend to, litigation against Maricopa County. This waiver is for this matter only and is not intended to be an expressed or implied waiver of any other conflict which currently exists in any other matter or any other potential conflict which may arise in the future in any other matter. Formal Meeting Minutes Wednesday, August 21, 2013 Page 57 of 63 Discussed in executive session on August 19, 2013. (C-19-14-006-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Enterprise Technology A-4. APPROVE SETTLEMENT OF THE CLAIM STARKLE VENTURES VS. UNITED ARTIST LEADER CIRCUIT, CV1999-020649 Approve acceptance of the final award of $1,079,501.56 for Maricopa County’s claim in the class action lawsuit Starkle Ventures, L.L.C. v. United Artists Theatre Circuit, Inc., CV1999- 020649. This class action lawsuit was filed after unsolicited facsimile advertisements were sent to thousands of companies in September of 1999 in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227. Maricopa County owned or controlled 2,252 facsimile numbers that received these advertisements. On July 16, 2013, Judge Douglas Rayes signed the Final Order setting forth the amount of money to be paid to each claimant. Maricopa County was awarded $1,079,501.56. This matter was discussed in executive session on August 19, 2013. (C-41-14-002-S-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 103. Public comment on matters pertaining to Maricopa County government. Please limit comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board members may not discuss matters raised under this public comment portion of the meeting; however, an individual Board member may respond to criticism made by those who have addressed the Board, ask staff to review an issue raised or may ask that the matter be placed on a future agenda. (Public comment is at the discretion of the Chairman.) Comentarios del público sobre las materias relacionadas con el gobierno del Condado de Maricopa. Por favor límite comentarios a dos minutos. Tenga en cuenta que de conformidad con el Derecho de Reunión Abierta de Arizona, miembros de la Junta no podrán abordar las cuestiones planteadas en esta parte de comentario público de la reunión, sin embargo, un miembro de la Junta individuo puede responder a las críticas de quienes se han ocupado de la Junta, pida al personal para examinar una cuestión planteada o puede pedir que la cuestión se incluya en una agenda de futuro. (Comentario público es a discreción del Presidente.) Trish Mains, resident, reported on animal shelters that use the No Kill initiative and gave statistics and numbers on the positive financial impact the No Kill initiative has on a community. She stated that Maricopa County Animal Care and Control has not removed killing animals from their program and more than 170,000 animals have been killed, wasting over 18 million taxpayer dollars. The intake number of animals corresponds to the number of killings. Claudia Bloom, resident, and a shelter volunteer commented on employees with Maricopa County Animal Care and Control who have shared their distress about the animals that are killed in the County’s animal shelters. Formal Meeting Minutes Wednesday, August 21, 2013 Page 58 of 63 Gwendolyn Lee, resident, manages a feral cat colony and said she saves cats and kittens at every opportunity and endeavors to find them foster homes. She wants Maricopa County Animal Care and Control to reflect her values on animals. She said they kill an average of 45-55% of the animals they take in and said that killing needs to be taken off the table. Blue Crowley, resident, stated he took a survey at the managers meeting at the RPTA and there are bus terminals that they and most of the public do not know exist. He also mentioned the 10,000 covered wait spaces installed for people at park and rides while only 2,500 of the 7,000 bus stops are covered. He said it seems to be four-times more important in our system to cover a car from the sun than to cover a human being. He said the size of Maricopa County shows that this control needs to taken out of the hands of MAG and RPTA and put into the hands of the Board of Supervisors. 104. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Wilcox said she recently attended a very helpful workshop on many different kinds of government grants. Dr. Bob England, Department of Health Services, had discussed the enrollment that will begin on October 1st for the Affordable Care Act. She also explained that the Regional Director of HUD had visited the County recently and had met with County Manager Tom Manos to discuss a possible shortage of funding for the Head Start Program because of sequestering. Supervisor Wilcox also stated that 50 years ago on August 28, 1963, there was a civil rights march in Washington for jobs and freedom that was led by Dr. Martin Luther King. That march will be reenacted this weekend in Washington and there will also be a memorial march in Phoenix. She said Dr. King’s words sponsored many good things. Supervisor Chucri commented on the good that people do when they come to civic meetings and speak passionately but in a civil way about a cause they are interested in. Being new to the Board the process has been a new thing for him and he thanked those who come and also thanked the Board for hearing them out and for the process. Supervisor Hickman mentioned the detention officer that was shot and killed recently. He offered thoughts and prayers to his family. He wished the Sheriff’s Officers God- speed and safety in finding his killer. 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 Formal Meeting Minutes Wednesday, August 21, 2013 Page 59 of 63 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, August 21, 2013, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Denny Barney, District 1; Steve Chucri, District 2; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Shirley Million and Lori Medaris, Minutes Coordinators; Tom Manos, County Manager; and David Benton, Legal Counsel. F-1. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control Board meetings held June 19, 2013. Also, approve and administrative correction to the March 25, 2013 minutes, these minutes were approved on April 24, 2013. (C-06-14-031-7- 00) Motion to approve by Director Wilcox, seconded by Director Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox FLOOD CONTROL DISTRICT ADDENDUM ADÉNDUM DE DISTRITO DE CONTROL DE INUNDACIONES FA-1. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY V. NU SASH INVESTMENTS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, CV2011-056283 Approve the settlement of a condemnation action in FLOOD CONTROL DISTRICT OF MARICOPA COUNTY V. NU SASH INVESTMENTS, LLC, an Arizona Limited Liability Company, CV2011-056283, in the Maricopa County Superior Court, in the amount of $7,500.00 for real property taken and statutory interest until paid, and authorize the Chairman to sign documents, if any. This item was discussed in executive session on August 19, 2013. (C-69-14-006-S-00) Motion to approve by Director Wilcox, seconded by Director Hickman Ayes: Kunasek, Barney, Chucri, Hickman, 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 AGENDA Formal Meeting Minutes Wednesday, August 21, 2013 Page 60 of 63 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, August 21, 2013, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Denny Barney, District 1; Steve Chucri, District 2; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Shirley Million and Lori Medaris, Minutes Coordinators; Tom Manos, County Manager; and David Benton, Legal Counsel. L-1. REMOVE AND DISPOSE OF MISCELLANEOUS SURPLUS ITEMS Authorize Society of St. Vincent de Paul (Phoenix) to remove and dispose of miscellaneous surplus from Library District storage. The Maricopa County Library District has many items which the Maricopa County Surplus Program has deemed to have no resale value and can be liquidated. These items include tables, desks, chairs and other office furniture. Rather than dispose of these items in the County landfill, the Library District and the Maricopa County Green Government Program respectfully request approval to donate these items to a local charity - Society of St. Vincent de Paul. Society of St. Vincent de Paul is willing to take the items. Donating these items to Society of St. Vincent de Paul will result in less waste and will help the residents of Maricopa County. This item requires unanimous consent of the board. (C-65-14-009-M-00) Blue Crowley commented he is in favor of donating various items from the Library District to a local charity. He took issue with some of the hard cover reference books (the Thesaurus and Robert’s Rules of Order) that could be removed in future surplus expulsions because they are available online and aren’t being checked out. He said that some people actually like to hold a book when they look things up and the hard cover books should be retained for full service to residents. He also noted that Wickenburg citizens voted to run their own library but then the city council closed the library for remodeling and fired all of the library staff. He does not believe that is listening to what the voters are saying. Motion to approve by Director Chucri, seconded by Director Barney By a roll call vote: Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox L-2. DONATION TO THE FOUNTAIN HILLS BRANCH LIBRARY Approve and accept a donation from Dr. Craig Gimbel of a Meade LX 200 ACF GPS telescope with tripod and accessories, an Orion 6' reflector telescope, an Orion 4' astrophotography reflector telescope, an Orion 80mm reflector telescope with tripod and accessories and an Atlas Pro EQ-G computerized telescope with GPS and tripod with a total value of $18,000 for the Fountain Hills Branch Library Sky Safari program. (C-65-14- 010-M-00) Motion to approve by Director Barney, seconded by Director Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox L-3. DONATION FROM THE FRIENDS OF THE SOUTHEAST REGIONAL AND PERRY BRANCH LIBRARIES Formal Meeting Minutes Wednesday, August 21, 2013 Page 61 of 63 Approve and accept a check in the amount of $1,094.00 from the Friends of the Southeast Regional and Perry Branch Libraries of additional funds for the remodel of the Southeast Regional Library teen area. (C-65-14-011-M-00) Motion to approve by Director Barney, seconded by Director Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox L-4. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Library District for July 2013 for a Non-Cash Value of $8,655.49. (C-06-14-041-7-00) Motion to approve by Director Barney, seconded by Director Chucri Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox L-5. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District Board meetings held June 19, 2013. (C-06-14-032-7-00) Motion to approve by Director Barney, seconded by Director Chucri Ayes: Kunasek, Barney, Chucri, Hickman, 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 Formal Meeting Minutes Wednesday, August 21, 2013 Page 62 of 63 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, August 21, 2013, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Denny Barney, District 1; Steve Chucri, District 2; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Official Record Keeper; Shirley Million and Lori Medaris, Minutes Coordinators; Tom Manos, County Manager; and David Benton, Legal Counsel. S-1. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Stadium District Board meetings held June 19, 2013. (C-06-14-033-7-00) Motion to approve by Director Wilcox, seconded by Director Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox S-2. AMENDMENT TO IGA FOR LAW ENFORCEMENT SERVICES BETWEEN THE MARICOPA COUNTY STADIUM DISTRICT AND MARICOPA COUNTY Approve Amendment #5 to the “Intergovernmental Agreement for Law Enforcement Services between the Maricopa County Stadium District and Maricopa County”, effective August 21, 2013. This amendment adds a new Exhibit A, "2013 Billing Rates." All other terms and conditions remain the same. And also approve an increase in expenditure authority to the Stadium District (680) Ballpark Operations Fund (253) Operating Budget (0000) and corresponding revenue budget in the amounts of $57,957 each for the estimated additional expenditure and revenue created by the new hourly billing rates which were implemented July 8, 2013. A corresponding agenda item is listed on the Board of Supervisors Agenda under C-50-98- 065-0-05. Amendment No. 5 is an amendment to Agenda Item C-78-98-040-2-01 which was approved on June 22, 2009. (C-68-14-002-M-00) Motion to approve by Director Wilcox, seconded by Director Hickman Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Supervisor Wilcox commented that when the County built the Ballpark the City of Phoenix had automatically thought they would be awarded the contract to provide security. Chief Hendershott asked the Board to intervene and they did, which is why the County Sheriff’s Office provides security during ball games. She added that it is a County building and it is a good reflection to provide the security. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. Formal Meeting Minutes Wednesday, August 21, 2013 Page 63 of 63 __________________________________ Andrew Kunasek, Chairman of the Board ATTEST: _________________________________ Fran McCarroll, Official Record Keeper