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Informal Meeting Minutes Monday, June 03, 2013 Board Members 9:00 AM Andrew Kunasek, Chairman, District 3 Denny Barney, Vice Chairman, District 1 BOARD OF SUPERVISORS Steve Chucri, District 2 Maricopa County, Arizona Clint Hickman, District 4 (and the Boards of Directors of the Flood Control District, Mary Rose Wilcox, District 5 Library District, Stadium District, Improvement Districts, and/or Board of Deposit) County Manager Tom Manos "The mission of Maricopa County is to Clerk of the Board provide regional leadership and fiscally Fran McCarroll responsible, necessary public services to its residents so they can enjoy living in healthy and safe communities.” Meeting Location Supervisors' Conference Room 301 W. Jefferson, 10th Floor Phoenix, AZ 85003 BOARD OF SUPERVISORS The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Informal Session at 9:00 AM on Monday, June 3, 2013, in the Supervisors Conference Room, 301 W. Jefferson, 10th Floor, 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; Minutes compiled by Shirley Million, Minutes Coordinator. Also present: Tom Manos, County Manager; and David Benton, Legal Counsel. ACTION Government Relations 1. RESOLUTION TO APPLY FOR AND ACCEPT, IF AWARDED, TRIBAL GAMING FUNDS FROM THE GILA RIVER INDIAN COMMUNITY FOR THE LODESTAR DAY RESOURCE CENTER REDUCING BARRIERS AND REBUILDING LIVES STRATEGY Pursuant to A.R.S. 5-601.0mi2, authorize by resolution the application and, if awarded, the acceptance and pass-through of a Tribal Gaming Grant from the Gila River Indian Community for the Lodestar Day Resource Center Reducing Barriers and Rebuilding Lives Strategy in the not-to- exceed amount of $150,000 over a three year period ($50,000 in FY 2013-2014, $50,000 in FY 2014-2015, and $50,000 FY 2015-2016). 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. 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. Indirect costs are not applicable to Tribal Gaming Grants. Adjustment to the overall grant budget to accommodate these grants will occur through a future reconciliation. (C-20-13-039-G-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Informal Meeting Minutes Monday, June 03, 2013 Page 2 of 9 2. RESOLUTION TO APPLY FOR AND ACCEPT, IF AWARDED, TRIBAL GAMING FUNDS FROM THE GILA RIVER INDIAN COMMUNITY ON BEHALF OF THE FAMILY TREE HEALTHCARE PEER LED SUPPORT GROUP FACILITATION PROGRAM Pursuant to A.R.S. 5-601.02, authorize by resolution the application and, if awarded, the acceptance and pass-through of a Tribal Gaming Grant from the Gila River Indian Community for the Family Tree Healthcare Peer Led Support Group Facilitation program in the not to-exceed amount of $10,000. 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-20-13-041-G-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox Real Estate 3. ARIZONA PUBLIC SERVICE COMPANY EASEMENT FOR ELECTRIC SERVICE TO THE MARICOPA COUNTY SHERIFF’S OFFICE HEADQUARTERS FACILITY Approve a Non-Exclusive Easement, without public auction pursuant to ARS 11-251 (9), to the benefit of Arizona Public Service Company (APS), its successors and assigns, in consideration of one dollar ($1.00), for the construction, reconstruction, replacement , repair, operation and maintenance of electric facilities as APS may require for providing electrical service to the new Maricopa County Sheriff’s Office Headquarters facility at 5th Avenue and Madison in downtown Phoenix, and authorize the Chairman to execute all associated documents that are approved as to form by the County Attorney’s Office. This item requires unanimous consent of the Board. (C-18- 13-038-3-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Barney On a roll call vote: Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 4. NON-EXCLUSIVE COX EASEMENT FOR NETWORK AND TELECOMMUNICATIONS FACILITIES Approve a Non-Exclusive Easement, without a public auction pursuant to ARS 11-251 (9), to the benefit of Cox Communications Arizona , LLC (Cox), its affiliates, successors and assigns, in consideration of one dollar ($1.00), to construct, place, operate, inspect, maintain, repair, replace, and remove network and telecommunication facilities as Cox may from time-to-time require for servicing the University of Arizona Agricultural Extension facility, and authorize the Chairman to execute the necessary Non-Exclusive Easements approved as to form by legal counsel to the County. The subject Non-Exclusive Easement is required so that Cox can provide network and telecommunication services to the University of Arizona Agricultural Extension facility at 4341 E. Broadway Road in Phoenix as requested by the University of Arizona. This item was continued Informal Meeting Minutes Monday, June 03, 2013 Page 3 of 9 from the 5/22/13 Meeting. This item requires the unanimous consent of the Board. (C-18-13-035- 3-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney On a roll call vote: Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox 5. PUBLIC UTILITY EASEMENT FOR MADISON STREET BETWEEN 5TH AVENUE AND 7TH AVENUE IN PHOENIX In accordance with Section 19 of a Memorandum of Agreement between the City of Phoenix (City) and Maricopa County (County) as part of the Order of Immediate Possession under CV 2000- 017517 (recorded with the official records of Maricopa County Recorder on March 1, 2001, at instrument # 20010158745) and in accordance with A.R.S. 11-251 (9), approve, and authorize the Chairman to execute, a public utility easement (PUE) for existing and future utilities associated with the Madison Street alignment from 5th Avenue to 7th Avenue in Phoenix. As part of a February 23rd, 2000, agreement with the City as part of the County’s acquisition of the four-block area bounded basically by Jefferson on the north, Jackson on the south, 5th Avenue on the east, and 7th Avenue on the west; the County is responsible, in part, to either: “(a) relocate all other public and/or private utilities currently within the above-described four block area, or (b) grant to the City (or such other appropriate party) access and maintenance easements…”. This PUE serves to satisfy the easement requirements as part of Section 19 of the Memorandum of Agreement between the City and the County. This item requires unanimous consent of the Board. (C-18-13-039-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Chucri On a Roll Call vote Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox PRESENTATION AND DISCUSSION Board of Supervisors 6. STUDY SESSION TO REVIEW FUNDING OF ONE TIME EXPENDITURES Hold a study session to discuss funding of one-time expenditures including Capital, IT and other one-time expenses. (C-06-13-438-M-00) Sandi Wilson, Deputy County Manager Cindy Goelz, Budget Administrator Tom Manos, County Manager County Manager Tom Manos said this Study Session would discuss funding for many one- time projects using General and Detention Funds as well as Non-Recurring Funds, and he expressed his thanks that all Board members were in attendance. He also thanked the elected officials and department heads who were present and who had worked diligently to compile a list of one-time projects and the justification for those projects. He noted that a number of projects are already either under contract or underway. He explained that today’s meeting would focus on 23 projects costing $950,000 or more. These are the projects on which the Board needs to decide whether to defer, eliminate or continue them and to discuss the justification for moving them forward. Mr. Manos explained that Ms. Wilson would give information on how much money is available for these one-time projects as this could impact Informal Meeting Minutes Monday, June 03, 2013 Page 4 of 9 the decisions made. Sandi Wilson spoke of the ending FY 2012 spendable fund balance available in the General Fund and Related Capital Funds, which totaled $774,134,708 on July 1, 2012. The additional FY 2013 Forecasted Total Sources of $1,182,621,434 are added, and the FY 2013 Forecasted Total Uses of $1,268,627,324 are subtracted. This results in a FY 2013 Forecasted Ending Fund Balance of $688,128,818. The amounts for Reserves and for Future Debt Service total $191,914,699, which also must be subtracted from the $688,128,818 balance which leaves $496,214,119 as the General Fund amount that is available to be used. Ms. Wilson discussed “committed projects” which have been started or are close to completion and said they cannot be canceled without significant financial repercussions. The “commit or defer” projects are budgeted for FY 2014. These are not under contract and are either carryover or new projects. Tom Manos commented on several of the listed General Fund “commit or defer” items and said department representatives were present to answer any questions from the Board. Supervisor Barney asked about the analysis on the financial systems’ projects including the budget program. ~ Chairman Kunasek left the meeting ~ Mr. Manos said this presentation includes the financial system, the general ledger system as well as the budget piece and the latter has the highest priority and would be taken first. Discussion ensued on these items and the amounts designated for funding them. Supervisor Barney asked about the unreserved contingency funds and Mr. Manos replied that this money is not set aside for a specific purpose but would be available on an as-need basis. He added, “Hopefully this money goes unspent.” Supervisor Wilcox supported having the contingency fund, remembering several major problems that occurred in the past. Discussion ensued on the different ways these funds have been or could be used. Supervisor Chucri asked about when contingency funds may be used. Mr. Manos said there are usually savings on the operating side and if funds are needed in a shortfall situation the first priority would be to cover it with savings on the expenditure side. ~ Chairman Kunasek returned to the meeting ~ Mr. Manos introduced technology items and projects and asked David Stevens, Chief Information Officer, to give the presentations and respond to any questions. Mr. Stevens said the most significant current project is to complete the rollout of the AVAYA phone project. This will allow the data network to be used for voice communication. Secondly, many components need to be upgraded in the refresh project because some are 15 years old and are nearing end of life. The County has 257 remote sites which need to be studied for either refresh or elimination to establish optimum efficiency. Supervisor Chucri asked if Voice Over IP (VOIP) would be County-wide, saying it would provide a substantial savings. Mr. Stevens agreed and said there will be a unified phone system across the County. Informal Meeting Minutes Monday, June 03, 2013 Page 5 of 9 Mr. Manos asked about the PC Laptop replacement that has been discussed and asked that Mr. Stevens provide additional information regarding the $7.8 million expenditure for this project. Mr. Stevens explained there are 12,000 to 14,000 computing devices across the County that are five years or older and a small number go back to 1999. New software systems that the County needs cannot be implemented on these devices and the maintenance is costly. He added that the PC market has been in a downslide for a number of years and he felt it would be prudent to pause in making replacements to reflect on where the County wants to go in the next five years. He said that new innovations give a great opportunity to investigate the market for the best resolution of future technology needs. Following the technology presentation, Judge Norman Davis outlined the conditions that call for new courtrooms, saying he believed it to be critical that at least one floor of the old courthouse be built out into courtrooms. Supervisor Barney felt the estimated cost to build out four courtrooms in an already constructed building was very high. He questioned how so many total courtrooms could have been lost when the new Court Tower was built to address a courtroom shortage. He asked if the master plan should be revisited for both Superior and Justice Court needs, and if courtrooms are currently fully used five days a week. He asked for a better explanation of the efficiencies that are being applied in the current infrastructure. Judge Davis offered his explanation of the problems caused by too few courtrooms resulting in “double bunking” and other poor practices. He noted the differing needs of the Superior and Justice Courts, and explained that delayed hearings cause a delay of due process. Supervisor Barney commented on the court master plan done ten years ago, and suggested that the plan should be revisited to determine the best use of capital resources. Supervisor Wilcox said there were projections of future needs and so many other things that were included in the 2003 Court Study that helped the Board decide to build a new courthouse. She felt a refresher study and re-look at the history of the courthouse debate would benefit both old and new Board Members. Supervisor Barney agreed and noted that many things have changed over the past ten years and he felt revisiting previous decisions would result in a best plan in moving forward. He explained his concern that $1.6 million for a courtroom in an existing building is a lot of money. He said he wanted a better understanding on the projected spending and resources. Janet Palacino, Director, Facilities Management, said her department is in the process of soliciting for a planning group to refresh the court’s master plan. She also addressed the build- out cost for the top four floors of the East Court building, which was built in 1965. She explained that the top four floors have been left untouched mainly because there are asbestos issues and no sprinkler system had been installed. To make improvements of the top four floors, an elevator system will have to be built as there is no freight elevator. She said a complete cost analysis is being done and should be completed in July. Discussion continued on additional needs of the courts. In response to a question from the Chairman, Ms. Palacino said the refresh on the master plan could take nine months as all court facilities at all three campuses are being studied. This includes Justice and Superior courts. Supervisor Wilcox asked for a review to refresh everyone’s working knowledge of what is in the plan. Informal Meeting Minutes Monday, June 03, 2013 Page 6 of 9 Judge Davis said a decision had been made a year ago to gut four floors of the court building. These were functioning courtrooms that were being used. He said it was more efficient to work on the construction on four floors at once than a single floor at a time. There was also an understanding at that time that one floor would be brought back into use so some courtrooms could be replaced immediately. ~ Supervisor Chucri left the meeting room ~ Judge Davis said there has been a “major shift” from what was originally planned. He said if the economy starts to grow again, it could put them in a position of need. Tom Manos offered to prepare a review of the scope of work for this master plan for Members to study. Mr. Manos explained that the County has a number of pilot projects with very specific performance measures that are usually funded for the first year or two out of one-time money. If a project is successful it is moved to the Operating Budget for funding. He said benchmarks are placed in these programs and they are checked to determine the effectiveness of the program. He referenced the Cradles to Crayons program. ~ Supervisor Chucri returned to the meeting ~ Continuing with Justice System funding issues, Judge Colleen McNally said that dependency filings are increasing with more children involved in each case and more children in foster care. The sooner cases can be resolved and children re-unified with “safe” parents, the better long-term results. Research shows that if certain issues (attachment and trauma) are not addressed with children in the first three years, they are more likely to have future problems in education, substance abuse, criminal activity and violence. Additional hearings and parent/child visitations and other interventions focus attention on the areas in need and lead to more effective and efficient results. Chairman Kunasek said it often results from parents that weren’t parented and the multiplied, generational effects that an ongoing lack of parental responsibility has on a child. Judge Davis explained these are dependency cases that the Court is obligated to handle. There is a “time to placement” factor that is very important and whatever is necessary between the birth family and child, reintegration or severance, it must be done quickly in the under 3-year population. He said there is a dramatic impact on costs 20 years later. Supervisor Hickman said he was very pleasantly impressed from his observance of how quickly the court can move cases forward. Supervisor Wilcox said it is, “Pay me now or pay me later.” She explained, “The hardest thing on this Board is to plan programs that you hope will change the future, and then you have to wait for the future to come to see what happens.” Turning to funding for the Recorder’s Office, Helen Purcell, Recorder, and Karen Osborne, Director of Elections, asked to purchase the E-Poll Book as an investment for poll workers and voters that come to the polling place to vote. Ms. Osborne said all of the pertinent information on each voter is populated after the swipe of a driver’s license or voter’s registration card. Ms. Osborne explained that audits are done by hand to cross-check the number of voter registration signatures and the number of ballots. They expect two million signatures at the next voter registration and good planning is necessary for good results. Supervisor Hickman asked where the E-Poll book is being used now and what the reports are Informal Meeting Minutes Monday, June 03, 2013 Page 7 of 9 on its performance. Linda Weedon, Deputy Director, Elections, replied that the States of Maryland and Georgia and many individual city and county jurisdictions throughout the country are successfully using the hard and software voting systems that are available. Supervisor Wilcox said that so many voters now prefer to vote through the mail and asked if such an expensive investment as the E-Poll Book is necessary. Ms. Osborne replied that the redistricting reduced the number of polling places from 1,042 to 724 and economies are still enjoyed from that. Although, approximately 75% of the voter population prefers to vote by mail, several hundred thousand voters still want to go to the polling place and these must be pleasant and accommodating. Michael Jeanes, Clerk of Court, introduced the presentation regarding his office’s one-time budget issues. He said the financial system they use to process all the money received through that office is 17 years old and does not integrate with their other systems. It tracks court orders, what is owed, who owes it, who the money is owed to and the system needs to process approximately $22 million annually. At some point the old system will fail. He would sooner contract this out to a vendor rather than try to build a new system in-house. The financial tracking is a statutorily mandated process. Supervisor Hickman said the majority of speakers have talked about IT and software failures today and, being new on the board, he does not have much perspective on this topic. He asked if these requests to replace old systems have been seen before and are just rolling forward again, and if they should be prioritized. Tom Manos said the County did not adequately invest in IT 10 years ago. The financial system was implemented in 1984. In comparison with what other governments have done Maricopa County is one of the last to make upgrades. He said the Board’s priority has been more focused on capital projects than on IT. Progress in bringing systems up to speed has been made in the last four or five years, and he believes this is an important key to being able to sustain the future of the County. The County gave up 1,200 positions during the past five years and still was able to deliver a high level of service to the customer. That is because of investments and technology. He said, “We started out far behind 10 years ago, we are catching up.” He explained that future projects are twofold: those with catastrophic results if not implemented; and those producing “must haves” to save money for the County. He said the projects being considered at this meeting are prioritized and the more costly ones have already been discussed. Those remaining include: Vehicle Replacement – Priority 1 Gilbert landfill drainage remediation Parks Playground/Restroom/Water upgrades Capital Post Conviction Relief cases Consultant contingency Supervisor Wilcox asked about the Enterprise Data Center. David Stevens, OET Chief Information Officer, provided information about the data center co-location and said a lot of time is spent with County constituents and IT leaders on new ways to do smarter business. He felt the County’s habit of building and equipping data centers is very expensive and believed a private, third party, off-location builder of data centers would be cheaper and more efficient. Mr. Stevens explained, “The Data Center is a significant commodity to the County as it runs everything that we do and gives the opportunity of cheaper power, better up-time and conduct Informal Meeting Minutes Monday, June 03, 2013 Page 8 of 9 mediations, some of which are significant.” He said co-location is the trend and he believed it is a win-win for the County, calling it “smart business.” Sandi Wilson said the Detention Fund’s FY 2012 Ending Spendable Fund Balance totals $338,267,956.00; and the 2013 “available for use” forecasted fund balance is $325,371,519. Money is being saved in the detention fund to replace the Durango Jail. Supervisor Wilcox asked Ms. Wilson to give an overview of what the Detention Fund is and how it is different for those who may be confused on the use. Ms. Wilson explained that the Detention Fund is funded by two scenarios: the Maintenance of Effort, moving monies from the General Fund over into the Detention Fund; and the Jail Sales Tax of 1/5th of a cent that is dedicated to operating adult and juvenile detention facilities or any programs that can reduce the jail population. It can be used for operations or capital. It also includes some one-time projects, primarily related to the adult detention facilities. Most of the money is being saved for the replacement of the Durango Jail. All the new jails in the County were primarily built with Detention Fund savings. Mr. Manos addressed the Jail Management System (JMS) and how critical it is. He said it provides information to all the partners in public safety and the courts and is critical to all of their needs. He explained that it is difficult to imagine operating a jail system with 8,000 or 9,000 people in it without such an automated system. He said this system is so critical that it rose to the top of the list. Chairman Kunasek asked about the process for Electronic Medical Records and what stage this has advanced to and if it will integrate with the Jail Management System. Mr. Manos replied the Medical Records System should be implemented by September or October 2013. He said ICJIS provides the pipeline for sharing and integrating information with the users. With the adoption of the HIPPA Policy the County can identify which partners use that information and for what purposes. Supervisor Wilcox asked how much money the Detention Fund generates in an average year. Sandi Wilson responded that the estimate for next year is $120 million any necessary balance comes from Maintenance of Effort, which is $171 million. Mr. Manos said there are more than a thousand one-time projects in the notebook and today’s discussion only included the most significant ones. Supervisor Barney asked about a presentation on requested items that were deferred rather than approved. Chairman Kunasek said that many things are included on a list that has never been funded and are floating in a constant state of deferral. Supervisor Barney and Chairman Kunasek discussed the estimated costs the departments attach to requested budget items and how accurate those amounts are. Supervisor Barney said it seems everybody is trying to compete for the same limited supply of tax dollars and nobody is offering to defer a project. Sandi Wilson noted that every budget item presented today has been vetted and there are many requested items that Members do not see. She added there is $780 million of large projects that were not funded plus a great many smaller items that are requested each year. She reminded them that this is a very large county and many things flow through during yearly budget discussions. Ms. Wilson guaranteed Members that, “there is not a department that is extremely happy with the budget they received.” Discussion ensued on the Sheriff’s MASH unit for animals which is now located in the 1st Informal Meeting Minutes Monday, June 03, 2013 Page 9 of 9 Avenue Jail and will have to be relocated when that building is demolished. It was asked if the animals could go to Animal Care & Control (AC&C). Chief Jerry Sheridan, MCSO, said MASH was established because many animals they find in animal abuse cases need rehabilitation because of the abuse. Some animals are also held as evidence in certain cases. They could not be housed at AC&C and the Sheriff had placed them in an unused space at the 1st Avenue Jail. After final court proceedings, efforts are made to adopt the animals to families in the community as this is a “no kill” shelter. Supervisor Hickman asked if the jail locking mechanisms he had previously received a notification on are included in the Sheriff’s budget request. Chief Freeman explained that they were working with Facilities Management on the locking mechanisms in two of the detention facilities. There was a discovery that some of those systems would not operate during a power failure from a fire or other emergency. Supervisor Wilcox asked for a list of the many requests that were not chosen for funding. EXECUTIVE SESSION Vote to convene in Executive Session to consider items on the Executive Agenda dated June 03, 2013, for Board of Supervisors and relevant Special Districts pursuant to statutory authority listed for each item. Motion to approve by Supervisor Chucri, seconded by Supervisor Barney Ayes: Kunasek, Barney, Chucri, Hickman, Wilcox MEETING ADJOURNED Following discussion on the Executive Session Agenda items, and 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