MINUTES PURSUANT TO A.R.S. §§38-431.01 AND 11-217, - 041311FB.DOC
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Board Members Andrew Kunasek, Chairman, District 3 Fulton Brock, Vice Chairman, District 1 Don Stapley, District 2 Max Wilson, District 4 Mary Rose Wilcox, District 5 County Manager David Smith "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 47 Library District 54 Stadium District 56 Board of Deposit 46 Wednesday, April 13, 2011 9:00 AM Formal Meeting Minutes Wednesday, April 13, 2011 Page 2 of 54 1. <INVOCATION Dr. Rodrigo Silva, Assistant County Manager, offered the invocation. 2. <PLEDGE OF ALLEGIANCE Martin Camacho, County Manager’s Office, led the assemblage in the Pledge of Allegiance to the flag. 3. <ROLL CALL The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, April 13, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; David Smith, County Manager; and Paul Golab, Legal Counsel. Minutes compiled by Shirley Million, Minutes Coordinator. 4. <PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL Dr. Rodrigo Silva, Director of Animal Care and Control, said two new pet adoption centers have been opened, one in Scottsdale at Miller and Indian School, the second in MetroCenter Mall. Thhe locations give the public an opportunity to select a new pet without traveling to the AC&C facility. He said these new centers have already increased pet adoptions significantly. Dr. Silva introduced Jimmy Amaya, Supervisor of the West Valley facility for the past two years. Mr. Amaya presented Toby, a two-month old Australian Shepherd mix puppy to the Board and public. Toby has been neutered and can be adopted at the 27th Avenue and Buckeye location, or by calling 602-506- 7387. Dr. Silva reminded the Board that Maricopa County Animal Care and Control continues to be the #1 pet adoption agency in Arizona, and the #1 animal life-saving agency in the Valley. He thanked the Board for continued support and allowing the continuation of their mission to save lives. Supervisor Brock thanked Dr. Silva for the well-run centers he has established in the Valley, saying the idea for two new centers located in popular malls is proving to be both innovative and productive. The idea was introduced by Dr. Silva to make it more convenient for families to adopt an animal. NOTE: The Chairman announced that the Board would consider item A-1 at this time. Office of Management and Budget A-1. PRESENTATION REGARDING METHODOLOGY AND RESULTS OF MCSO PAYROLL ANALYSIS Presentation to the Board of Supervisors regarding Methodology and Results of MCSO Payroll Analysis. (C-49-11-053-P-00) Sandi Wilson, Deputy County Manager LeeAnn Bohn, Deputy Budget Director Formal Meeting Minutes Wednesday, April 13, 2011 Page 3 of 54 Chairman Kunasek called Deputy County Manager Sandi Wilson, Deputy Budget Director LeeAnn Bohn ,and Sheriff’s Office Acting Chief Deputy Jerry Sheridan forward to present information contained in this analysis: Sandi Wilson thanked those who have been instrumental in compiling this fund analysis that included Internal Audit; the Maricopa County Sheriff’s Office (MCSO); the Department of Finance; the Arizona Auditor General’s Office and LeeAnn Bohn. She said this huge payroll analysis could not have been completed in such a professional way without all of the help they received. LeeAnn Bohn began with discussion on the background and history of this issue to recap what has been done since it was first presented last Fall. Funding for MCSO personnel is primarily from three separate sources: 1) the General Fund, which is unrestricted; 2) the Detention Fund, statutorily restricted as structured by popular vote; 3) the Inmate Services Fund, which also is statutorily restricted. The analysis is based on “actual” versus “reported” fund use. Supervisor Wilson asked for some general information on MCSO and Chief Deputy Sheridan replied that this Sheriff’s Office is the 3rd largest in the nation and is a very complex organization, now having 3,500 employees, formerly having close to 4,000 employees. It operates in a 24 hour, 7 day a week mode. Because of this, he believes the system developed for timekeeping, payroll analysis and related paperwork is key to what created this issue. He explained that confusion often accompanied the training, assignment and cross-assignments of new deputies and that payroll often did not properly follow shift or job assignment transfers. He indicated that the inadequacies of the payroll system used (PeopleSoft); and the recent lack of communication from MCSO to the Board of Supervisors (BOS) contributed to this problem. He felt a lot of progress has been made in the past six months and also echoed Sandi Wilson in thanking those entities who have helped to review these records. LeeAnn Bohn said the first payroll discrepancies regarding the Detention Fund had been discovered about a year ago and an investigation began. Initial findings were presented to the Board, and the public, in September 2010, reporting a probable misuse of Detention Funds totaling $80 million. The Auditor General’s Office was contacted to determine the County’s responsibilities as a result of the misreported payroll. A work group was formed in January 2011 consisting of staff from Internal Audit, Finance, OMB, and MCSO and data was requested. The group studied the compiled data to identify which source was the most accurate; and to detail a methodology to use to assure a comprehensive result. Ms. Bohn reviewed sources of data used in the September 2010 presentation that included a number of data bases. This information was used, as was information from the Access database and time cards records. It was soon determined that the time cards were the most accurate source of information. Information was reviewed for each of the 4,000 people employed during that period on an hourly, daily, monthly and yearly basis for the past 8 years. More than 600,000 records were reviewed, checking actual versus reported work assignments. Supervisor Wilcox asked about the “shadow systems” that had been reported to the Board last Fall and the several systems found that basically had different information on them. Ms. Bohn replied that the group had identified and reviewed all of the systems and the data including one system identified as PHRED. Supervisor Wilcox asked if Formal Meeting Minutes Wednesday, April 13, 2011 Page 4 of 54 OMB and Finance have now found all of the MCSO systems that were in place and being used. Ms. Bohn said that was her understanding. Supervisor Wilcox asked if there was any information on why the “shadow systems” were created in the first place. Ms. Bohn referred the question to Chief Sheridan, who replied that it was because the County’s system was not capable of processing the 24/7 information from MCSO. He said, unlike most County departments, people are often transferred to different work assignments in MCSO and this creates unique issues to deal with that the PeopleSoft payroll system was not able to handle. Supervisor Wilcox said she was sorry Sheriff Arpaio was not present to address this personally as it is such a big issue. She added that each year the Sheriff had signed-off as having a balanced budget, and it now seems that this was not accurate and the budget was never balanced because Detention Funds were being misused instead of properly assigning appropriate expenses to the General Fund. Therefore, the County was never aware that MCSO did not have a balanced budget and the payroll issues remained unknown to OMB until recently. She asked if the Sheriff has looked at these facts. Chief Sheridan said that this has been discussed at length and it is now recognized, by MCSO, that mistakes have been made in using Detention Funds for payroll expenses that should have come from the General Fund. He said the Sheriff’s Office has “been in the black and frequently given back millions of dollars in each one of those funds.” He added his belief that MCSO is a good steward of the money. He said, “91% of the MCSO budget goes to salaries and the discrepancies are in the various funds in the payroll system.” Supervisor Wilcox contended that spending money accurately would have been preferable to giving money back, adding that the Board has not seen a balanced budget from MCSO in eight years. Chief Sheridan said the Sheriff directed him six months ago to “fix this” problem, that the Sheriff wanted a permanent solution and to move forward from the past. He added, “That has been my goal.” Discussion continued on past and future budget assurances and accountability. Supervisor Stapley asked Chief Sheridan if he knows who gave the order to misspend this money. He noted that a year ago, when he was Chairman, MCSO had been asked and then subpoenaed to produce requested financial records and had not done so, and had indeed, filed a lawsuit to keep from producing any records in response to the Board’s subpoena for the records and backup. Supervisor Stapley added that someone had to give the command to do this at some point in history. Chief Sheridan said, “This is a very complex issue and I don’t think any one individual is responsible for it.” He did not believe anyone had considered which fund certain employees, such as deputies and/or detention officers, were paid from for the different work assignments and, therefore, when people were transferred to another work assignment it was not always noted for payroll tracking. Supervisor Stapley noted that someone had to set-up the PHRED system and there was a reason such a system was desired, used, and kept unreported. He asked what that reason was. Chief Sheridan said he believed the PHRED system was first used in the early 1980s and was originally designed as an in-house method of recording emergency contact Formal Meeting Minutes Wednesday, April 13, 2011 Page 5 of 54 information if a deputy was injured or killed while on duty, as a way to notify next-of-kin. The system had “morphed” into additional uses and was eventually used to keep track of where people were working in the organization…even if they were being paid from a different fund. He added that it would be difficult to blame one or two individuals for it. He noted that people continue to be shifted to different work stations but safeguards have now been put in place. One is to change use of Deputy Sheriffs to Detention Officers when transferring inmates for court appearances, and this should eliminate any conflict with Detention Fund payroll use. Supervisor Stapley said this recommendation was one that had been made 10 years ago in the Liebert Report, and ignored until now. Chief Sheridan agreed. Supervisor Stapley assured Chief Sheridan he appreciated his trying to answer the questions, nevertheless he felt that more answers must be received due to the significant amount of fund misuse. He said that finding answers to how it happened will keep this funding misuse from happening again. Chairman Kunasek interjected his belief that today’s agenda item covers only a review of payroll funding and could not go into intent and motive as that would be decided by others. Supervisor Stapley agreed that such should be looked at by the appropriate law enforcement agencies and the appropriate prosecutorial agencies and not this Board, but felt the Board needed to make every effort to insure it did not happen again. Supervisor Wilcox commented that all were aware this would be a “hard meeting” and added, “You cannot say, you know, I came in for six months and we are straightening it up, because eight years have gone by and there is no excuse that the office is ‘complex.’ We deal with complex systems all the time and if we had run the County the way you say this was run and we did things for convenience, we would be in a mess.” She stressed that if this had been known years ago OMB could have helped straighten it out, “but it is obvious it wasn’t meant to be shared with us.” She said it was “convenient” to just say it’s too hard to do. Chairman Kunasek said he expected the Board would hear about controls that are in place, or will be put in place, that will keep it from happening again. Sandi Wilson said they would be reporting on safeguards today after LeeAnn Bohn completed her report and that other safeguards would be reviewed as the County moves closer to setting the budget for FY 2011-12. Ms. Bohn reported on methodologies for allocating administrative costs, both old and new, and the changes that will be made. Sandi Wilson summarized the project statistics that were reviewed, all done by internal staff, as follows: 8 fiscal years – February 2004 to current 5 funds, General, Detention, Inmate Services, Grants and Capital 5,700 + employee records during that time span 2 million + payroll records $1.46 Billion in payroll expenses detailed She said the PeopleSoft system started in 2004 and the Detention Funds began to be spent on jail operations in a more comprehensive way at that time. Today’s total amount of $99.5 million (unaudited by the Auditor General as yet) lists misspending of $84.7 Formal Meeting Minutes Wednesday, April 13, 2011 Page 6 of 54 million from the Detention Fund, and $14.8 million from the Inmate Services Fund. The Inmate Services Fund monies are earmarked for inmate phone calls, canteen purchases, and other inmate enhancements. The $99.5 million total should all have been funded out of the General Fund and this total is the amount that will need to be paid back to Detention and Inmate Services funds. Supervisor Wilson said that often in dealing with private or public fund discrepancies, history shows that some monies have ended up in a person’s pocket. He asked if this possibility has been discounted in this circumstance. Ms. Wilson said the review is not looking at this but at “where the payroll expenses were spent from,” – whether these were charged against the General Fund, the Detention Fund or the Inmate Services Fund, the latter two being restricted funds. Ms. Wilson addressed ways of fixing the problems that highlighted recommendations on funding and staffing shifts, which are already being done. Some of the changes align with recommendations made in the Liebert Report a decade ago. Supervisor Wilcox said so much time has elapsed since the Liebert Report was done and believed it would be good to have professional experts come in to do a true staffing pattern for the jails. Ms. Wilcox agreed that a staffing study is needed but did not know if it would be done with internal or outside sources. She felt the move into the new Court Tower would produce certain staffing changes that could be beneficial. Detention staffing has decreased as inmate numbers have declined. Chief Sheridan said his preference would be to not hire an outside consultant but to conduct the staffing study using internal County expert sources. Supervisor Wilcox said she thought that in lieu of the current “trust” issues, an outside professional could provide an objective check-and-balance review. In creating the FY 2012 budget the different activities allowed in the Detention Fund restrictions are being studied in an effort to not only correct previous errors but to allocate new and proper line items and uses as the new budget proceeds. Also to be determined is how the $99.5 million will be repaid, and over what period of time, with the least stress to the County as a whole. Additional safeguards will put in place, the line- item control of MCSO Detention and Inmate Services funds will continue; and more frequent audits of MCSO funds will be conducted. The solutions and safeguards resulting from the County’s move into a new management system, ADP, from PeopleSoft should prove to be beneficial to MCSO’s future compliance as well as to the County as a whole as ADP is a very comprehensive payroll system. Supervisor Stapley mentioned alarming concerns discovered a year ago that have not been discussed in this review, that included possible violations in the following areas: The Procurement Code Capital purchasing freeze violations Use of outside bank accounts Extradition travel irregularities Improper use of County credit cards (the P-Cards) An overall unusual use of public funds for atypical things Chairman Kunasek questioned the introduction of these issues saying the agenda item specifically addresses payroll irregularities and OMB may not be prepared to discuss other issues at this time. Supervisor Stapley maintained his questions were part of an Formal Meeting Minutes Wednesday, April 13, 2011 Page 7 of 54 inter-related and all-inclusive problem and he just wanted a general status update. Ms. Wilson said that all of Supervisor Stapley’s topics have been discussed with Chief Sheridan and more progress has been made on some than others. Discussions will continue on these problem areas. She said the P-Card issue has been relegated to Materials Management who has been working directly with the Sheriff’s Office on a weekly basis. Many fewer P-Cards are now issued and use has been restricted as well. With regards to former extradition charges; there is again a collaborative group working on this that includes the Finance Department. She said the outside bank accounts are tied up in a legal issue and the County Attorney’s Office has been asked to issue a legal opinion for such use County-wide. She added that this could involve some statutory changes. She said the Pima County cash handling system used with inmates is a very good one that does not involve much handling of cash, and this is being studied for use throughout Maricopa County as well as at MCSO. Supervisor Wilcox asked for, and Sandi Wilson provided, a brief explanation of the new ADP payroll and personnel system that will be used by the County beginning in June 2011. ADP is a system that is widely used by both private and public entities worldwide. Ms. Wilson said ADP provides a variety of different ways to record time. The FY 2011-12 Maricopa County budget is due to be approved in mid-June and will go into effect on July 1, 2011. Because so much vital information is not yet known, Ms. Wilson said some monies will be held in a contingency fund to make adjustments as needed during the next fiscal year. One of the biggest unknowns is the impact on County budgets statewide as Arizona Legislators struggle to balance the State’s budget. Maricopa County will probably receive the greatest economic impact from the State as Legislators shift costs to other entities in their attempt to correct a several billion dollar shortfall in the State’s budget. The question of increased internal audits and a sign-off of such by all departments was discussed. Members as a whole thanked those whose cooperative efforts are directed towards a “fix” for these problems. Chairman Kunasek assured the public that the particular kinds of budgetary discrepancies that are being revealed in this investigation could not have been discovered during an ordinary audit, again noting that MCSO funds had appeared to be in balance at the end of each year. He added that it is important for the Board to encourage the continuing inspection and investigation into issues that have been raised and which are in the process of being addressed without assigning blame or fault until it is resolved or an investigation is assumed by another legal or law enforcement body, if such is found to be necessary. ~ Supervisor Wilcox left the meeting ~ STATUTORY HEARINGS Clerk of the Board 5. <LIQUOR LICENSE APPLICATIONS 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 Formal Meeting Minutes Wednesday, April 13, 2011 Page 8 of 54 Board as to whether the State Liquor Board should grant or deny the license. a. PERSON TRANSFER FOR GAVILAN PEAK SPORTS BAR & GRILL Pursuant to A.R.S. § 4-203, approve an application for a Person Transfer of a Series 6 Liquor License from Michael Robert Thomas, Agent for Gavilan Peak Sports Bar LLC to Doyle Dean Thompson, Peak Sports Bar & Grill LLC for Gavilan Peak Sports Bar & Grill at 46639 N. Black Canyon Highway #3 and #4, New River, AZ 85087 (AZ06070112) (Supervisorial District 3) (C-06-11-351-L-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Kunasek, Stapley, Wilson Nays: Brock Absent: Wilcox b. AGENT CHANGE AND ACQUISITION OF CONTROL FOR EL ENCANTO DOS RESTAURANT & CANTINA Pursuant to A.R.S. § 4-202(C) and A.R.S. § 4-203(F), approve an application filed by Christine Marie Nelson for an Agent Change and Acquisition of Control from William Leo Nelson for the El Encanto Dos Restaurant & Cantina at 1112 E. Carefree Highway, Phoenix, AZ 85086. (AZ12076466) (Supervisorial District 3) (C- 06-11-352-L-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Kunasek, Stapley, Wilson Nays: Brock Absent: Wilcox c. SPECIAL EVENT LICENSE FOR CHANDLER SERVICE CLUB Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Kathy Lynn Keresty for the Chandler Service Club at 22402 S. Basha Road, Chandler, AZ 85248 to be held on April 29, 2011 from 6:00 p.m. to 9:00 p.m. (Supervisorial District 1) (C-06-11-397-L-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Kunasek, Stapley, Wilson Nays: Brock Absent: Wilcox 6. SUN VIEW ESTATES II IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. §48-3423, convene the scheduled public hearing regarding the petitions filed for the proposed Sun View Estates II Irrigation Water Delivery District, as they have been determined to be signed by a majority of the owners of the acreage within the proposed district. Any land owner within the proposed district may appear and object to the organization thereof, or to the proposed boundaries thereof, or to the inclusion of his land therein. The Board will hear and consider all comments in favor and against the organization of the district and decide whether to approve or reject the organization of the district with the boundaries proposed in the petition or with modified boundaries. If the Board decides to proceed with the organization of the district the Clerk is directed to Formal Meeting Minutes Wednesday, April 13, 2011 Page 9 of 54 publish and post notice describing the boundaries and fix a date of May 20, 2011 in which written protest against the organization may be filed by owners of a majority of the acreage within the district. If no protest is filed, or if one is filed and found insufficient, an order establishing the district shall be entered and will include the appointment of the following three trustees of the district as set forth in the petition: David Grese Martin Jones Wendy Wonderley The proposed district is located in the Sun View Estates II Subdivision Community in Phoenix bounded by 11th Avenue on the east, Montebello Avenue on the south,15th Avenue on the west and Bethany Home Road on the north and contains approximately 30 acres and 88 parcels. (Supervisorial District 3) (C-06-11-100-7-03) Karen Williams, resident in the District, supports the formation and advised that her neighbors also supported the formation. Formally water costs for the area were collected voluntarily. Ms. Williams appreciated that the system will now be formalized and all will participate equally. Others who registered their approval but did not wish to speak included Martin Jones, Wendy Wonderley and Nils Larson. Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox Public Works 7. <ROAD FILE DECLARATIONS Approve, by resolution, petitions to open and declare the following roads into the county highway system. This action will serve as notice of the Board of Supervisors’ acceptance of all U.S. Patent easements, reservations, rights-of-way or properties along the alignments into the Maricopa County highway system and will also authorize the maintenance and acquisition of the necessary rights-of-way through donation, purchase, or condemnation. a. ROAD FILE NO. 5868 Road File No. 5868 to Open and Declare the following described alignments into the County Transportation System. General Vicinity: Hunt Highway and Arizona Avenue. This action is in accordance with A.R.S. Titles 28- 6701, 6705(A) and 11-806.01(M). Supervisor District No. 1 (C- 91-11-153-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox b. ROAD FILE NO. 5867 Road File No. 5867 to Open and Declare the following described alignments into the County Transportation System. Formal Meeting Minutes Wednesday, April 13, 2011 Page 10 of 54 General Vicinity: Hunt Highway and Arizona Avenue. This action is in accordance with A.R.S. Titles 28- 6701, 6705(A) and 11-806.01(M). Supervisor District No. 1 (C- 91-11-155-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox c. ROAD FILE NO. 5869 Road File No. 5869 to Open and Declare the following described alignments into the County Transportation System. General Vicinity: Gavilan Peak Parkway from Daisy Mountain Drive to King Drive. This action is in accordance with A.R.S. Titles 28- 6701, 6705(A) and 11-806.01(M). Supervisor District No. 3 (C-91-11-165-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox d. ROAD FILE NO. 5870 Road File No. 5870 to Open and Declare the following described alignments into the County Transportation System. General Vicinity: Liberty Bell Way and Hastings Way. This action is in accordance with A.R.S. Titles 28- 6701, 6705(A) and 11-806.01(M). Supervisor District No. 3 (C- 91-11-163-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox e. ROAD FILE NO. 5871 Road File No. 5869 to Open and Declare the following described alignments into the County Transportation System. General Vicinity: Liberty Bell Way and Hastings Way. This action is in accordance with A.R.S. Titles 28- 6701, 6705(A) and 11-806.01(M). Supervisor District No. 3 (C- 91-11-164-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox f. ROAD FILE NO. 5873 Road File No. 5873 to Open and Declare the following described alignments into the County Transportation System. General Vicinity: Gavilan Peak Parkway and Venture Drive. This action is in accordance with A.R.S. Titles 28- 6701, 6705(A) and 11-806.01(M). Supervisor District No. 3 (C-91-11-162-M-00) Formal Meeting Minutes Wednesday, April 13, 2011 Page 11 of 54 Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox g. ROAD FILE NO. 5872 Road File No. 5872 to Open and Declare the following described alignments into the County Transportation System. General Vicinity: Elliot Road and Rainbow Valley Road. This action is in accordance with A.R.S. Titles 28- 6701, 6705(A) and 11-806.01(M). Supervisor District No. 5 (C- 91-11-161-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox h. ROAD FILE NO. 5874 Road File No. 5874 to Open and Declare the following described alignments into the County Transportation System. General Vicinity: Joy Ranch Road and 16th Street. This action is in accordance with A.R.S. Titles 28- 6701, 6705(A) and 11-806.01(M). Supervisor District No. 3 (C-91- 11-158-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox i. ROAD FILE NO. A449 Road File No. A-449, to Open and Declare the following described alignments into the County Transportation System. All Streets consistent with the right-of-way as depicted in Tonto Hills, a subdivision lying within Sections 9, 10 & 15, of Township 6 North, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona and Recorded in Book 93 of Maps, Page 05 MCR; EXCEPT Old Mine Road. Said streets contain 70.9765 acres. Said alignments is also known as Streets within Tonto Hills Recorded in Book in 93 of Maps, Page 05, in Supervisor District No. 2 (C-91-11-159-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox j. ROAD FILE NO. A227 Road File No. A-227, said alignment is also known as McClellan Road from 103rd Street to 104th Street, lying within Supervisor District No. 2. (C-91-11-160-M-00) Formal Meeting Minutes Wednesday, April 13, 2011 Page 12 of 54 Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox AGENCY ITEMS AND STATUTORY MATTERS COUNTY OFFICERS Clerk of the Board 8. SALE AND RELEASE OF THREE VEHICLES SCHEDULED FOR RETIREMENT TO POSSE Per ARS 11-251 (9) approve the sale for $1.00 each of three vehicles to the Sheriff's Enforcement Support Posse, a volunteer organization that exists for the purpose of supporting public safety in Maricopa County. The vehicles requested are scheduled to be removed from service and taken to auction due to high mileage and high maintenance costs. The vehicles are: #31447, a 2004 Ford Expedition, White; #13606, a 2006 Dodge Charger, Black; and #31537, a 2005 Ford Expedition, Black. The vehicles will be stripped of their markings and patrol vehicle equipment items prior to being released. Any additional costs for vehicle make ready for release beyond those that normally occur when vehicles are taken to auction will be charged to this posse group. Approval of this item will facilitate the work of the Posse support group which supports and promotes public safety in the community. According to the request that is attached to this agenda item, this posse group volunteered 16,000 man hours and 18,399 miles in 2010. The base auction value for the three vehicles (per County Equipment Services) is $11,000. This item was continued from the March 30, 2011 meeting. This action requires unanimous consent of the Board. (C-50-11-075-M-00) This item was held and considered later in the meeting when Supervisor Wilcox returned to the dais. Motion to approve in a roll call vote, by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 9. SALE AND OPERATING TRANSFER PURCHASE OF SURPLUS EQUIPMENT Approve the sale, transfer, and one time addition to the fleet purchase for $1.00, of one surplus 2001 Tennant floor scrubber from the Stadium District to Equipment Services Department. This equipment is assigned grouped capital asset number F0101439. This equipment will be used to clean concrete floors within the department’s facilities as part of the storm water compliance program. This item was continued from the March 30, 2011 meeting. This item requires unanimous consent of the Board. (C-74-11-006-V-00) Formal Meeting Minutes Wednesday, April 13, 2011 Page 13 of 54 CONTINUED: Fran McCarroll, Clerk of the Board, noted the changed wording given above and said that this item would need additional amendments and continued to the April 27, 2011, Formal Meeting. 10. APPLICATION FOR FIREWORKS DISPLAY AT SPEEDWORLD Pursuant to A.R.S. § 36-1603, approve an application for a fireworks display filed by Edward Pratt of Pyritz Pyrotechnics. The event will be located at Speedworld for the Lucas Oil Off Road Racing Series at 19421 W. Jomax Road, Wittmann, AZ 85361 on April 16 and 17, 2011 from 1:00 to 4:30 p.m. (Supervisorial District 4) (C-06-11-404-L-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox Clerk of the Court 11. APPOINTMENTS - CLERK OF THE SUPERIOR COURT Pursuant to A.R.S. § 12-283, approve the official appointment of the following deputies, clerks, and assistants of the Clerk of the Superior Court. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231, and to cause them to be filed with the County Recorder. Effective January 24, 2011 Janice M. Bray, Deputy Clerk Effective January 24, 2011 Anabel Quintana, Deputy Clerk Effective January 24, 2011 Marenda Jolene Sullivan, Deputy Clerk Effective February 7, 2011 Esmeralda Canez, Deputy Clerk Effective February 7, 2011 Margaret Carpenter, Deputy Clerk Effective February 7, 2011 Nancy Maria Rodriguez, Deputy Clerk Effective March 7, 2011 Lisa Jean Kendall, Deputy Clerk Effective March 7, 2011 Jeffrey Kirk Mangis, Deputy Clerk Effective March 7, 2011 Alexander Ocanas, Deputy Clerk Effective March 7, 2011 Kathleen Kelly Walters, Deputy Clerk Formal Meeting Minutes Wednesday, April 13, 2011 Page 14 of 54 The Clerk of the Superior Court, pursuant to A.R.S. § 12-283, and in accordance with procedures established by the Board of Supervisors, may appoint deputies, clerks, and assistants. Further, the appointment shall be in writing and shall be filed with the County Recorder. (C-16-11-007-9-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox 12. WAIVER TO PLACEMENT IN RANGE POLICY Approve an exception to the Maricopa County Placement in Range Policy (B7009) for the promotion of Lois Rees as Administrator in the Clerk of the Superior Court. The requested rate associated with the approval of this request is $37.50 ($78,000 annually) and will be fully funded within the department’s current budget this fiscal year and in subsequent fiscal years. This action is requested to be retroactive to March 7, 2011. The Clerk of the Superior Court requests an exception to this placement in range pay rate based on scope of responsibilities and overall department structure. Approval will not create any inequities or disparities among similar positions and supports the business needs of the agency. The requested rate is below the midpoint for this market range. (C-16-11-006-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox County Attorney 13. EXPENDITURE APPROPRIATION AND POSITION TRANSFER - COUNTY ATTORNEY CIVIL SERVICES DIVISION Pursuant to A.R.S. § 42-17106(B), transfer FY 2010-11 expenditure appropriation of $40,000 from the Non-Departmental (470) General Fund (100) Operating (0000) “Outside Counsel” line to County Attorney Civil Division (280) General Fund (100) Operating (0000) budget. Also approve a FY 2011-12 target adjustment of $120,000 to County Attorney Civil Division (280) General Fund (100), Operating (0000) budget. This adjustment is to be made between the tentative and final adoption of the FY 2011-12 budget. Lastly, transfer PCN 67755 (Attorney) and its incumbent from the General Litigation Department (330) to the County Attorney Civil Division (280) on or before April 15, 2011. This transfer results in a net zero impact to the general fund. (C-19-11-055-2-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson Absent: Wilcox ~ Supervisor Wilcox returned to the meeting ~ Sheriff 14. ACCEPT FUNDS FROM THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD, PEACE OFFICER TRAINING FUND GRANT AGREEMENT FOR E-LEARNING NETWORK Approve the acceptance of $11,845.10 in grant funding from the Arizona Peace Officers Formal Meeting Minutes Wednesday, April 13, 2011 Page 15 of 54 Standard and Training Board, Peace Officers Training Fund Grant Agreement, Contract #2011-001. The term of this funding is the date of the Board of Supervisors approval with an indefinite end date, and the Agreement may be cancelled at any time by written notice to the AZ POST Board. This funding is for the expansion and upgrading of the E-Learning computer servers, network and production equipment. The Sheriff’s Office indirect cost rate for FY2011 is 14.0%. Unrecoverable indirect costs associated with this additional funding are estimated to be $1,658.31. (C-50-11-079-G-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 15. RESOLUTION APPROVING THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA’S 2012 HIGHWAY SAFETY PLAN Adopt a Resolution approving application and acceptance of up to $660,756 in reimbursable grant funding from the Governor’s Office of Highway Safety (GOHS) FY2012. This pass through federal funding will be used for overtime and equipment to accomplish projects relating to all aspects of highway safety. The anticipated term of the funding is October 1, 2011 through September 30, 2013. The Sheriff’s Office indirect cost rate for FY2011 is 14.0%. Unrecoverable indirect costs associated with this grant are estimated to be $92,505.84. (C-50-11-081-G-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 16. AGREEMENT AND ACCEPT FUNDS FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY (ONDCP) FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) PROGRAM Approve the Agreement and acceptance of funding from the Office of National Drug Control Policy (ONDCP) Award Number G11SA0005A, for the High Intensity Drug Trafficking Area (HIDTA) Program in the amount of $247,059 for Maricopa County. The term of this funding is from January 1, 2011 to December 31, 2012. The Maricopa County Sheriff’s Office is the Fiduciary of these funds. The Maricopa County Sheriff’s Office will receive $195,181. The Maricopa County Adult Probation Department will receive $16,800. The Maricopa County Attorney’s Office will receive $35,078. This amount represents 42% of the stated budget requirements ($588,235). Additional funding is anticipated through the enactment of public law (Statutory Authority for Grant: Public Law 111-322, Continuing Appropriations Act 2011). The Sheriff's Office will return to the Board for acceptance of the remaining funds when notification is received. The total unrecoverable indirect cost amount is $34,506.67. The Sheriff Office indirect rate is 14.0% and they will not recover $27,325.34. The Adult Probation Department indirect rate is 10.8% and they will not recover $1,814.40. The County Attorney indirect rate is 15.3% and they will not recover $5,366.93. (C-50-11-080-G-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Superintendent of Schools - Education Service Agency Formal Meeting Minutes Wednesday, April 13, 2011 Page 16 of 54 17. MOU WITH ARIZONA DEPARTMENT OF EDUCATION Approve a Memorandum of Understanding (MOU) between the Arizona Department of Education (ADE) and Maricopa County through the Maricopa County Education Service Agency (MCESA). The purpose of this MOU is to set the conditions ADE and MCESA have agreed to in order to continue the English Language Development (ELD) Training for teachers of English language learners. (C-37-11-112-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 18. AMENDMENT TO TITLE I PART D NEGLECTED OR DELINQUENT LEA GRANT Approve Amendment No. 1 to the FY 2010-11 Title I Part D - Neglected or Delinquent LEA Grant (11FAADEL-170696-02A) from the Arizona Department of Education (ADE) increasing the grant award from $275,586.30 to $352,528.85. The purpose of this grant is to provide prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk. The project dates are July 1, 2010 through September 30, 2011. MCESA's indirect cost rate for 2011 is 12.8%. The total indirect costs are calculated at $31,285. Allowable indirect costs are $2,224 and unallowable indirect costs are $29,061. The capital expenditures totaling $105,892 are not subject to indirect cost recovery. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. This action does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. (C-37-11-104-G-01) Motion to approve by Supervisor Wilcox, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Treasurer 19. OFFER FOR PARCEL FROM TAX DEEDED LAND SALE Pursuant to A.R.S. §42-18303, accept the cash offer of $960.00 from City of Phoenix on the following Tax Deeded Land parcels: Date Previously Offered: 12/07/2006 Parcel Numbers: 208-08-449A and 208-08-452 Purchaser/Name for the Deed (both parcels): City of Phoenix Amount of Offer: $960.00 ($480.00 each parcel) Amount of charges against the parcels: $2,383.01 for parcel 208-08-449A and $5,097.13 for parcel 208-08-452 Direct that the Treasurer’s Office accept payment and prepare the deed to convey the property sold and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42-18262(A) and A.R.S. §42-18303(C), the proceeds from the sale in the amount of $960.00 will revert to the County General Fund. (C-43-11-028-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 20. TREASURER’S STATEMENT OF COLLECTIONS AND INVESTMENT SUMMARY REPORT Formal Meeting Minutes Wednesday, April 13, 2011 Page 17 of 54 Pursuant to A.R.S. § 11-501, receive the Treasurer’s Statement of Collections and Investment summary reports for February 2011, as on file in the Clerk of the Board’s office and retained in accordance with Arizona State Library Archives and Public Records (ASLAPR) approved retention schedule. (ADM4006) (C-43-11-029-7-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox JUDICIAL BRANCH Superior Court 21. APPOINTMENT OF SUPERIOR COURT JUDGE PRO TEMPORE The Superior Court respectfully requests the Board of Supervisors approve the appointment of Superior Court Commissioner Jay Ryan Adleman as Superior Court Judge Pro Tempore for the period commencing April 25, 2011 through June 30, 2011. The Superior Court respectfully requests the Board of Supervisors to approve the appointment of Superior Court Commissioner Jay Ryan Adleman as Superior Court Judge Pro Tempore, in accordance with Arizona Revised Statutes § 12-141. In order to obtain greater flexibility in the use of Court Commissioners, the Superior Court customarily has all Court Commissioners appointed as Superior Court Judges Pro Tempore so they may, on occasion, hear contested matters. This serves the interest of judicial economy and promotes sound caseflow management. Superior Court Commissioner Jay Ryan Adleman would serve as Pro Tempore without any additional compensation other than that to which entitled to as a Superior Court Commissioner. The appointment will be for the period commencing April 25, 2011 through June 30, 2011. (C-80-11-012-2-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox DEPUTY COUNTY MANAGER Human Resources 22. AMEND HUMAN RESOURCES POLICY HR 2427 - ALTERNATIVE WORK SCHEDULES Amend Human Resources Policy HR 2427 – Alternative Work Schedules, approved by the Board of Supervisors on February 9, 2011. The first pay period subject to the policy change shall be the first pay period in ADP (e.g., first day of the alternative work schedule implemented based on this policy will be the first ADP pay period day). (C-31-11-011-6-01) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 23. PROPOSAL FOR REVISION TO COUNTY POLICY HR2403, “VOLUNTARY REDUCTIONS IN FORCE AND FURLOUGHS” Approve the proposed amendment to County Administrative policy HR2403, “Voluntary Reductions in Force and Furloughs,” to add definition: Voluntary Reduction in Force (VRIF), Formal Meeting Minutes Wednesday, April 13, 2011 Page 18 of 54 add new section, III.E. County Manager Approval for VRIF Proposal, and delete section C.1.c. Other housekeeping changes to include Workforce Management and Development name change to Human Resources. (C-31-09-014-6-01) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Business Strategies and Health Care Programs 24. TWO EMPLOYEE AND ONE EMPLOYER BENEFITS GAINSHARING REBATES IN FOURTH QUARTER FY 2011 Approve the rebate of benefit premiums paid to the Employee Benefit Trust by employees for two pay periods in an amount which is estimated to be $1,344,019 and approve the rebate of benefit premiums paid to the Employee Benefit Trust by the Units paying the employer share of the premiums for one pay period in an amount which is estimated to be $4,247,166, in the second to the last payroll before going live before switching the payroll system to ADP. As benefit costs fluctuate with each payroll, the total rebate will not exceed $6,800,000. The funding for this action will be sourced from a reduction of Employee Benefit Trust revenues. The employee rebate will be calculated based upon two times the benefits paid in the most recent pay period for all employees that have an active “A” status at the time of the refund. The employer rebate will be calculated based upon one times the benefits paid in the most recent pay period prior to the refund. The Benefit premiums involved in this action will be for the following Self-Funded plans: six Medical Plans, two Pharmacy Plans, one Stand- Alone Vision, CIGNA Dental, four Short-Term Disability Plans. (C-31-11-013-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 25. PEAK PERFORMERS PROGRAM FOR CALENDAR YEAR 2011 2012 Approve the Peak Performers Program (also known as the Spot Award Program) as a continuing employee recognition program for FY 2010-11 2011-2012 (NOTE: The date correction was given by the Clerk prior to the vote) to allow for the purchase of Visa Gift Cards (10016-RFP) in denominations of $25, for a total of $75 per FTE, with a maximum award of $50 per employee per event; for both General Fund and Non-General Fund departments, with total program cost of not-to-exceed $953,406: $487,259 General Fund and $466,147 Non-General Fund. These gift cards have no cash value. The Peak Performers program was initially implemented in FY 1997-98. This program has proven to be a successful component of Maricopa County’s Performance Incentive Program. The purpose of this program is to allow departments to present spot awards throughout the course of the fiscal year to employees that have clearly demonstrated excellence on a project, task or function. The Peak Performers Program (also known as the Spot Award Program) is an employee recognition program for FY 2011. This program will allow both General Fund and non-General Fund departments to award Visa Gift cards to deserving employees per the attached schedule. Non-General Fund departments will utilize available funds within their budget. Spot awards will only be able to be used two different ways: 1) given to employees within the department; and 2) used by the department for employee recognition events. If given directly to an employee, both the employee and the department will be responsible for paying their share of taxes and retirement for this benefit. Human Resources will work closely with all County departments to ensure compliance and accountability to this program. Departments choosing to participate in other employee Formal Meeting Minutes Wednesday, April 13, 2011 Page 19 of 54 recognition programs must obtain Board of Supervisors approval. The General Fund portion of $487,259 is budgeted in Dept (470) Fund (100) Org (4712) Other Programs line item "Human Resources Peak Performers" split between operating (0000) and Non-Operating (0001). The Non General Fund portion of $466,147 must be absorbed in the other funds budgets by department. Chase Bank, the County’s new servicing bank, and contracted Visa gift card vendor, has agreed to a $.59 per card administrative fee. The program will cover the period through December 31, 2011. (C-31-11-014-M-00) Motion to approve with the amended date change above, by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox ASSISTANT COUNTY MANAGER - COMMUNITY COLLABORATION Animal Care and Control 26. IGA WITH ARIZONA DEPARTMENT OF CORRECTIONS FOR INMATE WORK FORCE Approve an Intergovernmental Agreement (IGA) between Maricopa County through Maricopa County Animal Care & Control (MCACC) and the Arizona Department of Corrections, for an inmate labor force to support the general housekeeping/janitorial; landscaping, and light maintenance services of the County animal shelter, located at 2630 W. 8th Street, Mesa, AZ. The County shall pay $0.50 per hour for inmate labor at an estimated cost of $5,200, based on a 40 hour work week and labor services of five (5) inmates. The term of the IGA shall commence upon full execution of signatures for one year with the option to renew the IGA for four additional one year terms. (C-79-11-105-3-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 27. NON-MONETARY DONATION FROM LL PACKAGING Accept a non-monetary donation of 240 toy storage boxes and 276 corrugated plastic boxes from Leonard Jones, d.b.a. LL Packaging of Mesa, AZ, donor valued at $2,360. (C-79-11- 104-D-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 28. DONATIONS FROM VARIOUS DONORS Accept monetary donations from Nancy Tyree of San Tan Valley, AZ in the amount of $500 and from Leo Martin of Phoenix, AZ in the amount of $300 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-79-11-107-D-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Formal Meeting Minutes Wednesday, April 13, 2011 Page 20 of 54 Human Services 29. AMENDMENT TO AGREEMENT WITH ARIZONA DEPARTMENT OF COMMERCE, ENERGY OFFICE FUNDED BY THE SOUTHWEST GAS CORPORATION Approve Amendment No. 1 to the revenue agreement (C-22-10-090-3) with Arizona Department of Commerce, Energy Office (GO44-10-03), funded by the Southwest Gas Corporation, to provide Weatherization Assistance to eligible low-income households. The amendment increases the Weatherization funds by $18,899.91 for a total of $125,526.91 and adds a state-required Indemnification clause. All other terms and conditions of the original Agreement remain in effect. The Human Services Department current negotiated DHHS indirect rate for 2010-11 is 16.1%. The total grant amendment of $18,899.91 will incur sub-recipient costs of $18,899.91 which are not subject to indirect cost recovery. Arizona Department of Commerce, Energy Office, funded by the Southwest Gas Corporation 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. The approval of this amendment does not alter the budget constraining expenditures of local revenue 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. These funds will not impact the County General Fund. The sub-recipient, Foundation for Senior Living (SERIAL 09078-RFP), provides weatherization assistance to eligible households. (C-22-10-090-3-01) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 30. CONTRACT WITH CENTRAL ARIZONA SHELTER SERVICES FOR DEVELOPMENT OF AN ACCESS POINT Approve the Contract between Central Arizona Shelter Services (CASS), a non-profit organization and Maricopa County administered by its Human Services Department to establish CASS as an Access Point for purposes of Workforce Development activities. This non-financial contract is effective upon signature by both parties and will expire June 30, 2013. Access Points are a network of faith-based and community based organizations that provide residents with a location where job seekers can access abbreviated One Stop Career Center services. As an Access Point, CASS will assist adult job seekers to access employment-related services to assist them in obtaining employment. This Contract will create a partnership enabling Maricopa County residents who are unable to travel to a One Stop Career Center the ability to access services through an Access Point that is located in their community. (C-22-11-059-3-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 31. CONTRACT WITH CENTRAL ARIZONA SHELTER SERVICES TO PROVIDE EMERGENCY AND LOW DEMAND SHELTER SERVICES Formal Meeting Minutes Wednesday, April 13, 2011 Page 21 of 54 Approve a contract between Central Arizona Shelter Services (CASS) and Maricopa County through the Human Services Department, Community Services Division, in the not-to- exceed amount of $552,698. The purpose of this contract is to provide shelter and support services to eligible homeless individuals and families while assisting them in becoming self- sufficient. This contract is effective from July 1, 2010 through June 30, 2011 and will impact the County General Fund. A.R.S. 11-254 authorizes the Maricopa County Board of Supervisors to appropriate up to a maximum of $1.5 million for contributions to non-profit organizations for economic development activities. Contributions may be made to any nonprofit corporation which enjoys and maintains federal tax exempt status as long as all monies are utilized for the purpose determined to be public by the Board. In addition, A.R.S. 11-267 allows a county to "implement programs to provide services to disabled persons or persons sixty years of age or older, and . . . contract with federal, state, local or other providers for the provision of these services." Such services may include but are not limited to nursing care, sheltered care, day care, home maintenance, housekeeping, transportation and nutrition services. Funds for this contract are subject to disbursement at the sole discretion of the Board to any governmental agency or non-profit corporation provided that the funds are used for the purpose determined by the Board. (C-22-11-058-3-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox CHIEF FINANCIAL OFFICER Finance 32. <FUNDS TRANSFERS; 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. Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 33. AERIAL EASEMENT TO SALT RIVER PROJECT AT 67TH AVENUE AND GLENDALE Approve and authorize the granting of an aerial easement, without a public auction pursuant to A.R.S. 11-251 (9), in consideration of $100.00, to Salt River Project Agricultural Improvement and Power District (SRP), its successors and assigns, to construct, operate and maintain overhead electric lines and appurtenant facilities over the surface of the Maricopa County-owned property at the southeast corner of 67th Avenue and Glendale Avenue, and also authorize the Chairman of the Board to execute all necessary documents approved by County Counsel to grant such easement. This item requires the unanimous consent of the Board. (C-18-11-029-8-00) Motion to approve on a roll call vote by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 34. LICENSE AGREEMENT WITH MARISOL FEDERAL CREDIT UNION (MARISOL) FOR Formal Meeting Minutes Wednesday, April 13, 2011 Page 22 of 54 ATM MACHINES Approve, and authorize the Chairman to execute, License Agreement P-50160 between MariSol Federal Credit Union (MariSol) and Maricopa County for the placement of ATM machines at various Maricopa County locations. The term of the license agreement is through June 30, 2016. Either party may terminate the license early with one-month prior written notice. The license may be extended for an additional term by mutual consent of the parties. MariSol will pay Maricopa County a one- time license fee of $10.00. (C-18-11-026-L-00) Supervisor Wilcox commented that this agreement with Marisol Federal Credit Union will benefit the many employees that have been doing business with them for years. Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 35. INCREASE TO DEBT SERVICE EXPENDITURE AUTHORITY BUDGET In accordance with A.R.S. Section 42-17106(B), authorize the following amendment to the FY 2010-11 Revised Budget: 1. Increase the FY2010-11 expenditure authority in Non-Departmental (470) County Improvement Debt Fund (320) Operating (0000) in the amount of $451,750 from $9,762,550 to $10,214,300 to provide for interest payments required to be made on the debt service. 2. Decrease the FY2010-11 expenditure authority in Non-Departmental (470) Non Departmental Grant Fund (249) Operating (0000) in the amount of $451,750 from the line “Potential Expenditures from Fund Balance.” These actions will have a County-wide impact of zero. These actions provide authority to make interest payments of $451,750 required for the Lease Revenue Bonds, Series 2001 and Series 2003 debt service. (C-18-11-028-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 36. AMENDMENT TO IGA WITH THE CITY OF PHOENIX Approve, and authorize the Chairman to execute, Amendment No. 1 to an Intergovernmental Agreement (IGA) between the City of Phoenix and Maricopa County for land exchange. Amendment No. 1 to the Intergovernmental Agreement (IGA) with the City of Phoenix (City) for a Land Exchange will provide for an intermediate land exchange between the parties. Maricopa County will convey approximately 49,274 square feet of land at Fillmore and 5th Avenue (a portion of APN#111-41-178) to the City in exchange for approximately 60,197 square feet of land at Jackson Street and 9th Avenue (APN#112-05-132), Madison Street from 3rd to 4th Avenues, and Madison Street from 4th to 5th Avenues. The term of the City’s option agreement to acquire the remaining Maricopa County-owned land will be extended for 5 years from the date of execution of Amendment No. 1. As part of Amendment No. 1, Maricopa County will provide a pedestrian easement along the south side of Madison Street between 4th and 5th Avenues. Title insurance, closing costs, required environmental reports, and recording fees are not to exceed $15,000 and will be funded from an existing Formal Meeting Minutes Wednesday, April 13, 2011 Page 23 of 54 line in the Non-Departmental Operating Budget. (C-18-09-033-8-01) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox CHIEF PROCUREMENT OFFICER Materials Management 37. <SOLICITATION SERIALS 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. 11008-S, BUILDING AUTOMATION SYSTEMS SERVICE PARTS AND PROGRAMMING 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: 11008-S Item: Building Automation Systems Service Parts and Programming ($1,500,000.00 estimate/three years until April 30, 2014, with three one-year renewal option) The purpose of this contract is to provide parts, service, and programming to support various building automation systems in county facilities. Climatec BTG ECI Energy Controls Siemens Industries (C-73-11-097-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox b. 06168-C, PORTABLE STORAGE CONTAINERS: ON-SITE RENTAL/LEASE, PURCHASE OR WAREHOUSING Approve an increase in the price agreement for the following contracts. This request is due to an increased usage by county departments. Serial: 06168-C Item: Portable Storage Containers: On-Site Rental/Lease, Purchase or Warehousing ($250,000.00) Increase price agreement value from $96,875.90 to $346,875.90. The Public Works Department has requested an increase in the Formal Meeting Minutes Wednesday, April 13, 2011 Page 24 of 54 amount of $250,000 to cover anticipated expenses until the end of the contract on May 31, 2013. Mobile Mini, Inc (C-73-11-096-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox c. 01178-RFP, EMPLOYEE HEALTH BENEFITS PLAN Approve the renewal/extension of the following contracts: (These are recommended with the concurrence of the using agencies and the vendors, upon satisfactory contract performance and, when appropriate, after a market survey is performed.) Renewal/Extension Date: July 01, 2012 Serial: 01178-RFP Item: Employee Health Benefits Plan ($10,000,000.00 estimate/two years until June 30, 2014) 1. AMENDMENT TO ALLOW AN ADDITIONAL TWO (2) YEARS OF RENEWALS TO SECTION 1.1 OF CONTRACT. 2. APPROVE RENEWAL OF CONTRACT FOR THESE ADDITIONAL TWO (2) YEARS. CONTRACT IS BEING RENEWED TO JUNE 30, 2014. AMENDMENT LANGUAGE/JUSTIFICATION: Per Section 4.9 of contract 01178-RFP the County is amending section 1.2 of the contract to allow for an additional two (2) year renewal period: 1. The Contractor is currently providing these services to the County. 2. The County is seeking and allowing this amendment to give the County time to strategically be able to analyze the impact of the national Healthcare Reform act that was passed by the US government in 2010 on the County. Cigna Healthcare Of Arizona (C-73-11-094-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox d. 09125-RFP, WIRE TAP TRANSCRIPTION SERVICES Approve an increase in the price agreement for the following contracts. This request is due to an increased usage by county departments. Serial: 09125-RFP Item: Wire Tap Transcription Services ($3,000,000.00) Increase price agreement value from $500,000.00 to $3,500,000.00. The current limit was established with a single purpose. The demand for this highly specialized service has since increased and approval of this request allows this service to be used as needed, without interruption within available funding limits for special investigations. Formal Meeting Minutes Wednesday, April 13, 2011 Page 25 of 54 Conduit Language Specialists (C-73-11-108-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox ASSISTANT COUNTY MANAGER - REGIONAL DEVELOPMENT SERVICES Air Quality Department 38. AMENDMENT TO AGREEMENT WITH US ENVIRONMENTAL PROTECTION AGENCY TO MONITOR PM2.5 Approve Amendment No. 5 to an assistance Agreement between US Environmental Protection Agency (PM-98954601-5) and Maricopa County through the Air Quality Department. The purpose of this amendment is to extend the project and budget period end date. There is no change in the assistance amount. This amendment is non-financial and is effective from April 1, 2011 until March 31, 2012. All other terms and conditions of the Agreement remain in full force and effect. (C-85-08-025-3-03) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Public Health 39. REDUCTION IN FLEET FOR DEPARTMENT OF PUBLIC HEALTH Approve a Reduction in Fleet and direct Equipment Services to dispose of the vehicle for Maricopa County by and through its Department of Public Health (MCDPH). The vehicle being disposed is a 1993 Chevy, Cavalier, fixed asset # RAM0082350. (C-86-11-068-V-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 40. 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. 24 to Notice of Grant Award (NGA) (H80CS00044) 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 provides funds in the amount of $19,893.00 for budget period November 1, 2010 through October 31, 2011. This grant deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, however includes a maximum of 15% indirect cost reimbursement. The Department of Public Health’s indirect rate for FY 2010-2011 is 17%. Total indirect expenses are estimated to be $2,941 of which $2,595 is recoverable and $346 is not recoverable. Funding for this contract is provided by a grant from HRSA and will not affect the County general fund. Formal Meeting Minutes Wednesday, April 13, 2011 Page 26 of 54 This amendment increased future support from $2,417,078 to $2,436,971. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. (C-86-02-073-2-23) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 41. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR THE PUBLIC HEALTH PHYSICAL ACTIVITY PROGRAM Approve Amendment No. 5 to Intergovernmental Agreement (IGA) (No.HG854371) between the Arizona Department of Health Services (ADHS) and Maricopa County through its Department of Public Health for the Public Health Physical Activity Program. Amendment No.5 increases the IGA by $125,035.00, for the budget period April 1, 2011 to March 31, 2012, replaces the Price Sheet from Amendment 4, and adjusts the Scope of Work. All other terms and conditions of the original IGA remain unchanged and in full force and effect. The Department of Public Health FY 2010-11 indirect rate is 17%. Grant indirect costs are reimbursed at a rate of 10%. Full indirect costs are estimated at $19,324 of which $11,367 is recoverable and $7,957 is unrecoverable. 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 impact the County general fund budget. (C-86-08-073-2-06) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 42. ACCEPTANCE AND USE OF GROCERY VOUCHERS FOR THE TUBERCULOSIS CONTROL INCENTIVE PROGRAM Approve the Acceptance and Use of grocery vouchers from the Arizona Department of Health Services (ADHS) for the Tuberculosis Control-Incentive Program. The Department of Public Health, Health Care for the Homeless, Tuberculosis Clinic has received, free of charge, 300 grocery vouchers at $10 each which makes the total value of the vouchers $3,000. (C-86-11-069-3-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 43. AFFILIATION AGREEMENT WITH SOUTHWEST HUMAN DEVELOPMENT TO PROVIDE CLINICAL NUTRITION TRAINING EXPERIENCE FOR GRADUATE STUDENTS Approve the Affiliation Agreement with Southwest Human Development (SHD) to provide clinical nutrition training experience for graduate students in the dietetic internship program. This agreement is non-financial, and the term is from July 1, 2010 through June 30, 2015. (C-86-11-070-3-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Formal Meeting Minutes Wednesday, April 13, 2011 Page 27 of 54 44. AFFILIATION AGREEMENT WITH THE DEER VALLEY UNIFIED SCHOOL DISTRICT #97 FOR CLINICAL NUTRITION TRAINING EXPERIENCE FOR STUDENTS Approve the Affiliation Agreement with the Deer Valley Unified School District #97 to provide clinical nutrition training experience for graduate students in the dietetic internship. The agreement is non-financial, and the term is from January 1, 2011 through June 30, 2015. (C- 86-11-071-3-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 45. AFFILIATION AGREEMENT WITH SBC HEALTH SOUTH, INC., DBA SANFORD-BROWN COLLEGE FOR TRAINING EXPERIENCE FOR STUDENTS Approve the Affiliation Agreement entitled “Student Rotation Training Agreement” between SBC Health South, Inc., dba Sanford-Brown College and Maricopa County through its Department of Public Health to provide public health training experience for Sanford-Brown College students in the MCDPH Immunization Services program. The agreement is non- financial, and is effective from April 1, 2011 until June 30, 2015. (C-86-11-072-3-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 46. CONTRACT WITH DELTA DENTAL OF ARIZONA FOUNDATION FOR ORAL HEALTH SERVICES Approved a pre-designated fixed price Contract between Delta Dental of Arizona Foundation (DDFA) and Maricopa County by and through its Department of Public Health Service (MCDPH), Office of Oral Health to provide Oral Health Services including dental education, screening and fluoride varnish. The contract term is from March 1, 2011 to June 30, 2011 for an amount not-to-exceed $21,000 per school district. Funding for this contract is provided by a grant from First Things First and will not impact the County general fund budget. (C-86-11-073-3-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox ASSISTANT COUNTY MANAGER - PUBLIC WORKS Public Works 47. 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. The list is on file in the Clerk of the Board’s Office. (C-06-11-416-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Formal Meeting Minutes Wednesday, April 13, 2011 Page 28 of 54 48. NEW TRAFFIC CONTROLS ON LOWER BUCKEYE ROAD Approve new traffic controls (Stop Signs) on unincorporated right of way at the following location. All Traffic to stop before entering or crossing a THROUGH STREET within the prescribed limits of: Lower Buckeye Road from 100 feet east of Rainbow Road to 100 feet east of 223rd Avenue. This agenda item is the result of an in-house Traffic Engineering Study being conducted to install Stops on county roadways. Supervisory District No. 4 (C-91-11-194-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 49. NEW TRAFFIC CONTROLS ON GREENFIELD ROAD Approve new traffic controls (No, Stopping, Standing, Parking Any Time) on unincorporated right-of-way at the following location: A NO STOPPING, STANDING, PARKING ANY TIME ZONE on Greenfield Road from Fairview Street to 1235 Feet north of Fairview Street (East Side Only). This agenda item is the result of a Traffic Engineering Study conducted at the request of the residents. Vehicles parked on Maricopa County right-of-way are causing sight obstructions to the traveling public. In the interest of public safety, these signs are warranted. Supervisory District No. 1 (C-91-11-195-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 50. NEW TRAFFIC CONTROLS ON TOM RYAN DRIVE Approve new traffic controls (Stop Signs) on unincorporated right of way at the following location. A One Way Stop on Tom Ryan Drive at Parada Drive for Southbound Traffic. This agenda item is the result of an engineering study being conducted to install Stops on county roadways. Supervisory District No. 4 (C-91-11-196-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 51. NEW TRAFFIC CONTROLS ON SALOME HIGHWAY Approve new traffic controls (Speed Limits) on unincorporated right-of-way at the following location: A 50 MPH SPEED LIMIT ZONE on Salome Highway from La Paz County Line to Interstate 10. This agenda item is the result of completion of MCDOT’s Safety Improvement Project to reduce speeds in areas that have changed from rural to urban. Supervisory District No. 5 (C- 91-11-197-M-00) Formal Meeting Minutes Wednesday, April 13, 2011 Page 29 of 54 Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 52. NEW TRAFFIC CONTROLS ON CASTLE HOT SPRING ROAD Approve new traffic controls (Speed Limit) on unincorporated right-of-way at the following location: A 35 MPH SPEED LIMIT ZONE on Castle Hot Springs Road West from U.S. 60 to S.R. 74. This agenda item is the result of an in-house safety study conducted by MCDOT. After evaluating current traffic volumes, road classification, and the close proximity to an Elementary School, it was determined that the speed limit should be 35 mph. Supervisory District No. 4 (C-91-11-198-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 53. NEW TRAFFIC CONTROLS ON BURTON AVENUE Approve new traffic controls (Designated School Crossings) on unincorporated right-of-way at the following location: A DESIGNATED SCHOOL CROSSING on Burton Avenue 10 feet north of 184th Avenue for Mountain View Elementary School. This agenda item is the result of a traffic engineering study conducted at the request of the Principal/Superintendent of Mountain View Elementary School to determine if warrants are met to install a designated school crossing. Warrants were met. Supervisory District No. 4 (C-91-11-199-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 54. NEW TRAFFIC CONTROLS ON 99TH AVENUE Approve new traffic controls (No, Stopping, Standing, Parking Any Time) on unincorporated right-of-way at the following location: A NO STOPPING, STANDING, PARKING ANY TIME ZONE on 99th Avenue from Butler Drive to 1,275 Feet north of Butler Drive (East Side Only). This agenda item is the result of a Traffic Engineering Study conducted at the request of the residents. Vehicles parked on Maricopa County right-of-way are causing sight obstructions to the traveling public. In the interest of public safety, these signs are warranted. Supervisory District No. 4 (C-91-11-192-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 55. CHANGE IN TRAFFIC CONTROLS ON 109TH AVENUE Approve a change in traffic controls (Stops) on unincorporated right-of-way at the following location: Formal Meeting Minutes Wednesday, April 13, 2011 Page 30 of 54 A Two-Way Stop on Abbott Avenue at 109th Avenue for East and Westbound traffic. (This rescinds the TWO-WAY STOP on 109th Avenue at Abbott Avenue dated 8/7/78). This agenda item is the result of an in-house safety study conducted by MCDOT. After evaluating current traffic volumes, accident records and sight distance, it was determined that warrants were met to change the north/southbound stops to east/westbound stops. Supervisory District No. 4 (C-91-11-191-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 56. CHANGE IN TRAFFIC CONTROLS ON CASTLE HOT SPRINGS ROAD Approve a change in traffic controls (Stops) on unincorporated right-of-way at the following location: A 4-Way Stop (from a TWO-WAY STOP) on Castle Hot Springs Road West at Rockaway Hills Drive. (This rescinds the TWO-WAY STOP dated March 20, 1985). This agenda item is the result of an in-house safety warrant conducted by MCDOT. After evaluating current traffic volumes, accident records and sight distance, it was determined that warrants were met for a multiway stop. Supervisory District No. 4 (C-91-11-190-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 57. CHANGE TRAFFIC CONTROLS AT GLENDALE AVENUE AND COTTON LANE Approve a change in traffic controls (Four Way Stop) on unincorporated right-of-way at the following location: A Four Way Stop (from a Two-Way east/west Stop) at Glendale Avenue and Cotton Lane. (This partially rescinds the Through Street Resolution on Cotton Lane dated May 21, 1957). This agenda item is the result of an in-house safety study conducted by MCDOT. After evaluating current traffic volumes, accident records and sight distance, it was determined that warrants were met for a multiway stop. Supervisory District No. 4 (C-91-11-187-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 58. CHANGE TRAFFIC CONTROLS AT LOWER BUCKEYE ROAD AND AIRPORT ROAD Approve a change in traffic controls (Four Way Stop) on unincorporated right-of-way at the following location: A Four Way Stop (from a Two-Way north/south Stop) at Lower Buckeye Road and Airport Road. This agenda item is the result of an in-house safety study conducted by MCDOT. After evaluating current traffic volumes, accident records and sight distance, it was determined that warrants were met for a multiway stop. Supervisory District No. 5 (C-91-11-188-M-00) Formal Meeting Minutes Wednesday, April 13, 2011 Page 31 of 54 Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 59. CHANGE IN TRAFFIC CONTROLS AT DOBBINS ROAD AND 43RD AVENUE Approve a change in traffic controls (Four Way Stop) on unincorporated right-of-way at the following location: A Four Way Stop (from a Two-Way north/south Stop) at Dobbins Road and 43rd Avenue. (This partially rescinds the Through Street Resolution on Dobbins Road dated October 25, 1937). This agenda item is the result of an in-house safety study conducted by MCDOT. After evaluating current traffic volumes, accident records and sight distance, it was determined that warrants were met for a multiway stop. Supervisory District No. 5 (C-91-11-189-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 60. AMENDMENT TO THE FY 2010-11 FIVE-YEAR CAPITAL IMPROVEMENT PLAN In accordance with A.R.S. Section 42-17106(B), authorize the following amendment to the FY 2010-11 Budget and Five-Year Capital Improvement Plan: 1. Create a new project titled “Southeast Facility Remodel,” in Non Departmental (470) General Fund County Improvement Fund (445) in the amount of $3,178,584, which is the established project budget; 2. Increase the FY2010-11 expenditure appropriation in Non Departmental (470) General Fund County Improvement Fund (445) Southeast Remodel in the amount of $250,000; 3. Decrease the FY2010-11 expenditure appropriation in Non-Departmental (470) General Fund County Improvement Fund (445) Project Reserve (PRSA) in the amount of $250,000 from $27,166,506 to $26,916,506. These actions will have a county-wide impact of zero. This action will fund the remodel of the County Attorney, Public Defender and Adult Probation areas for the consolidation of staff, some from leased space. This project coincides with the County Attorney move project to the Downtown campus into the Luhr’s Building. This project will also include the remodel of the Hurley Building to relocate Facilities Management Dept from the SE Facility. (C-91-11-202-2-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox BOARD OF SUPERVISORS Clerk of the Board 61. APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Approve the appointment of Councilmember Sam Crissman to the Community Development Formal Meeting Minutes Wednesday, April 13, 2011 Page 32 of 54 Advisory Committee (CDAC) as the Town of Wickenburg alternate representative. The term of the appointment will be effective as of the date of Board approval through June 30, 2011. The Wickenburg Common Council on February 7, 2011, voted to appoint Councilmember Sam Crissman to CDAC as the alternate representative to complete the one-year term. (C- 06-11-398-9-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox SETTING OF HEARINGS ~All hearings will be held at 9:00 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ Planning and Development 62. ZONING CASES Schedule Planning and Development public hearings on zoning cases and other matters for the April 27, 2011 meeting. (List is on file in the Office of the Clerk of the Board) (C-44-11- 079-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Public Works 63. <Set a public hearing to declare the following roads into the county highway system for 9:00 aa.m., May 11, 2011. Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox a. ROAD FILE NO A429 Road File No. A-429, said alignment is also known as Chandler Heights Road from Val Vista Road to Greenfield Road and lying in Supervisor District 1. (C-91-11-193- M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox b. ROAD FILE NO. A430 Road File No. A-430, said roadway also known as a portion of Greenfield Road from Ocotillo to Queen Creek Road and lying in Supervisor District 1. (C-91-11-200-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Air Quality 64. SET PUBLIC HEARING FOR RULE 280 (FEES) Formal Meeting Minutes Wednesday, April 13, 2011 Page 33 of 54 Pursuant to A.R.S. §49-749(b), set a public hearing for May 25, 2011 June 22, 2011 to solicit comments and consider the adoption of proposed amendments to Maricopa County Air Pollution Control Regulations Rule 280 (Fees). Following the public hearing, the Board is requested to adopt the proposed amendments to Maricopa County Air Pollution Control Regulations Rule 280 (Fees). Upon Board approval, this item will become effective May 25, 2011 July 1, 2011. (NOTE: The Clerk corrected the two dates given above prior to the vote.) The Maricopa County Air Quality Department (department) is proposing to amend Rule 280 (Fees) to change the fees the department charges to owners and operators of sources of air pollution. The fees being amended include fees for billable permit actions, annual administrative and emission based fees for Title V sources, annual administrative fees for non-Title V sources, application and annual administrative fees for general permits, subcontractor registration fees and training fees. The goal of this rulemaking is to provide sufficient revenue to cover the costs of the air quality program, maintaining compliance with federal and state law. The current fee structure does not generate sufficient revenue to cover the operating expenses for department permit and plan approval activities. The department’s fee fund revenue in fiscal year 2011 is projected to be $8.8 million while the corresponding expenditures are projected to be $11.1 million. For fiscal year 2011, the department will be relying on its existing air quality fund balance and general fund revenues (a temporary allocation) to subsidize the program. Without corrections to the fee structure, the department will not be able to operate on a structurally balanced budget as is required by County policy and will deplete all reserves. The proposed fee changes would become effective on July 1, 2011 and are expected to result in annual fee revenue for fiscal year 2012 of approximately $10.9 million corresponding to the department’s annual expenditures. The fee revenue with proposed fees includes approximately $1.5 million from the Title V program, $3.5 million from the dust control compliance program, $731,000 from the asbestos/NESHAP compliance program, and $5.1 million from the balance of the non-Title V programs. The remaining $5.8 million of the department’s $16.7 million in total expenditures are considered to be non-recoverable by fees and are expected to be funded by other sources such as grants or county general funds. The department anticipates that this proposed rulemaking would directly impact approximately 4,000 sources that are permitted by the department, 3,600 individuals and entities involved in performing ancillary services on a dust control permitted site (subcontractor registration fee), and 1,600 individuals required to attend a basic or comprehensive dust control training class (dust control training class fees). Entities impacted include Title V facilities, non-Title V facilities and general permit sources; individuals and entities involved in performing ancillary services on a dust control permitted site (subcontractor registration fee); individuals and entities required to complete dust control training; and trainers required to be certified by Maricopa County to conduct dust control training classes. (C-85-11-020-7-00) Motion to approve as amended, by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox CONSENT AGENDA Clerk of the Board Formal Meeting Minutes Wednesday, April 13, 2011 Page 34 of 54 65. ANNUAL REPORT FROM PUBLIC DEFENDER Pursuant to A.R.S. §11-584(B)(1), accept the FY 2009-10 annual report from the Maricopa County Public Defender's Office of all the services rendered by the public defender in that capacity. A copy of the report is on file in the Clerk of the Board’s Office and retained in accordance with the ASLAPR approved Retention Schedule. (C-06-11-415-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 66. 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. Affidavits presented are on file in the Clerk of the Board’s Office. (C-06-11-408-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 67. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held March 17, 2011. (C-06-11-405-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 68. 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. (C-06-11-410-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 69. 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. Resolutions on file in the Clerk of the Board’s Office. (C-06-11-411-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 70. SETTLEMENT OF PROPERTY TAX CASES Pursuant to A.R.S. §§42-16201 through 16215, approve the settlement of tax cases dated April 13, 2011. List is on file in the Clerk of the Board’s Office. (C-06-11-413-7-00) Formal Meeting Minutes Wednesday, April 13, 2011 Page 35 of 54 Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 71. 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. List of claims is on file in the Clerk of the Board’s Office. (C-06-11-412-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox BOARD OF SUPERVISORS ADDENDUM NOTE: Addendum item A-1 was taken out of order and heard earlier, following item 4 on the Board’s regular agenda. Office of Management and Budget A-1. PRESENTATION REGARDING METHODOLOGY AND RESULTS OF MCSO PAYROLL ANALYSIS Presentation to the Board of Supervisors regarding Methodology and Results of MCSO Payroll Analysis. Sandi Wilson, Deputy County Manager Lee Ann Bohn, Deputy Budget Director (C-49-11-053-P-00) Clerk of the Board A-2. LIMITED WAIVER OF CONFLICT OF INTEREST FOR GREGORY HARRIS OF LEWIS & ROCA Approve a request for a limited waiver of conflict of interest for Gregory Harris of the law firm of Lewis & Roca, for the limited purpose of the following two (2) items: (1) providing legal advice and counsel to Delta Dental, Inc in negotiating a fixed-price contract for dental screening and fluoride varnish, and (2) providing legal advice and counsel to Delta Dental in interpreting the provisions regarding release of patient information within an existing contract (C-86-08-054-1), which provides insurance services to persons affected by HIV/AIDS, and is funded by the Ryan White Program, Part A . Discussed in executive session on April 11, 2011. (C-06-11-417-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox A-3. LIMITED WAIVER OF CONFLICT OF INTEREST FOR DAVID KOZAK OF RYAN RAPP & UNDERWOOD, PLC. Approve a request for a limited waiver of conflict of interest for David Kozak of the law firm of Ryan Rapp & Underwood, PLC, for the sole purpose of representing the I.C. Medical, Inc in the property tax valuation matter, TX2009-000638. The conflict waiver request does not involve, and this waiver does not extend to, litigation against Maricopa County. Discussed in Formal Meeting Minutes Wednesday, April 13, 2011 Page 36 of 54 executive session on April 11, 2011. (C-06-11-418-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox A-4. LIMITED PERMISSION TO TESTIFY FOR WADE SWANSON Approve and consent to allowing Mr. Wade Swanson to testify as a witness in any Arizona State Bar proceeding initiated against Mr. Andrew Thomas, Ms. Lisa Aubuchon, and Ms. Rachel Alexander. This consent is limited and restricts Mr. Swanson’s testimony to the litigation history in recent years as set forth in public filings for which Mr. Swanson provided legal counsel for Maricopa County, as recently requested by State Bar Counsel. This limited permission to testify does not waive the attorney/client privilege as to any past, present or future representations of the County by Mr. Swanson and such permission is only for the limited purpose of providing limited testimony regarding the litigation history in recent years as set forth in public filings relevant to the disciplinary proceeding. Such waiver by Maricopa County for this limited purpose shall not waive the attorney/client privilege for any other purpose or proceeding. Similarly, such waiver does not waive any confidentiality requirements of discussions held in executive sessions as required by law. See A.R.S. § 38- 431.03. Discussed in executive session on April 11, 2011. (C-06-11-419-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox A-5. LIMITED WAIVER CONFLICT OF INTEREST FOR DAVID PENNARTZ, GUST ROSENFELD Approve a request for a limited waiver, to the extent it exists, of the conflict of interest for David Pennartz of the law firm of Gust Rosenfeld, for the limited purpose of providing legal advice and counsel to the Fowler School District in its efforts to obtain an easement for construction from the Maricopa County Flood Control District by way of condemnation. Discussed in executive session on April 11, 2011. (C-06-11-420-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox County Attorney A-6. MARICOPA COUNTY V. CAVAN OPPORTUNITY FUND, LLC AND STATE BOARD OF EQUALIZATION Authorize filing an appeal in the Arizona Tax Court of the decision by the State Board of Equalization in Dkt. #008-07-11, Cavan Opportunity Fund, LLC, as discussed in Executive Session on April 11, 2011. (C-19-11-053-M-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox A-7. MARICOPA COUNTY V. MAYO CLINIC AND STATE BOARD OF EQUALIZATION Formal Meeting Minutes Wednesday, April 13, 2011 Page 37 of 54 Authorize appeal to the Arizona Tax Court of the decision of the State Board of Equalization in Dkt. #003-07-11, Mayo Clinic, as discussed in Executive Session on April 14, 2011. (C- 19-11-054-M-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Human Resources A-8. EXEMPTION TO THE MARICOPA COUNTY VOLUNTARY REDUCTION IN FORCE, REDUCTION IN FORCE AND FURLOUGHS POLICY HR2403 Approve an exemption to the Maricopa County Voluntary Reduction in Force, Reduction in Force and Furloughs Policy HR2403 to allow unclassified General and Special Litigation employees affected by the restructuring of the County Attorney Civil Services Division, to continue to receive full salary and benefits for 30 days after receiving final RIF notification, during which time they will be assigned to the Maricopa County Career Center. (C-31-11- 015-6-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Planning and Development A-9. SOLAR PERMIT STAFFING Pursuant to A.R.S. 42-17106(B), approve the transfer of revenue and expenditure authority in the amount of $128,698 from FY 2010-12 Non-Departmental (470), Non-Departmental Grants Fund (249) Operating (0000) to the Planning & Development (440) Planning & Development Fees Fund (226) Operating (0000). This action provides ongoing operations for the increase in plan review and inspections related to the solar industry projects in Maricopa County. Direct OMB to budget $948,971 in revenue and expenditure for the continuation of this revenue and services in FY 2011-12. (C-44-11-082-M-00) Supervisor Wilcox said she believes this is a very progressive thing for the Board to do believing that solar permitting will increase and it is wise to have knowledgeable staff in place to deal with this. Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox MEETING RECESSED Chairman Kunasek recessed the Board of Supervisors to convene as the Board of Directors of various Special Districts and the Housing Authority of Maricopa County. MEETING RECONVENED Chairman Kunasek reconvened the Board of Supervisors. Formal Meeting Minutes Wednesday, April 13, 2011 Page 38 of 54 CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS 72. 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.) Dolores Martinez, unofficial representative of First Nation Original People’s Family and Community, commented on Addendum item A-1 taken earlier in the meeting. She said that as the first occupants of Arizona they want to protect their people and resources. Ms. Martinez demanded that Sheriff Arpaio be immediately fired and charged with fraud and embezzlement of funds. She asked that federal marshal law take over if city, county and state law do not take action. She called for a boycott of Arizona until this matter is resolved. Abraham Venzor-Hernandez, resident, cited Addendum A-1 as a clear example of abuse of power by Sheriff Arpaio through his documented abuse of funds. He alleged that past performance indicates that the Sheriff feels a “hatred toward people of other color.” He stated that the Sheriff is the true foreigner in lands traditional to the Tohono O'Odham. He said that in upholding NAFTA the Sheriff causes people to die in the deserts and this is a violation of human rights. Robert McElwain, resident, also commented on the funding situation discussed in A-1 and the checks and balances proposed for the future as it affects the Sheriff’s Office (MCSO). He noted a letter from County Manager David Smith to the Department of Justice (DOJ) outlining specific crimes committed by MCSO, and said the Board acts as if purposeful fraudulent activity has not happened. He felt MCSO has been proven incapable of carrying out its duty of law enforcement. He said the Sheriff is acting in a political manner and the Board is behaving like he is acting in good faith. He added, “His faith is gone. His faith has no value in this community.” He said Sheriff Arpaio’s actions are known all over the world and gave several examples to back his claim. He called for the federal government to take receivership of the MCSO, just as it did of the Rampart Division of the Los Angeles police department. Salvador Reza, resident, thanked the Board for trying to resolve problems in the MCSO, acknowledging it has been a long and difficult process. But, he said that even as he speaks the Sheriff is raiding a Laundromat in East Mesa, “and who knows where the funding is coming from.” He believed the raids are being done for political purposes and are not part of an efficiently operating sheriff’s office. Mr. Reza asked the Board to enforce some “real fiscal checks and balances” – he felt an outside auditor would be beneficial. He added that actions in MCSO may not involve criminal intent but they do involve political intent. 73. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Supervisor Brock recalled a radio newscast item he’d heard earlier telling of a child who had squeezed through a doggie door while adults were having a party and fell into the swimming pool. He cautioned families to be diligent and provide safeguards against such a tragedy happening to their family. ***The Board of Supervisors will now consider matters related to Planning and Zoning*** David Smith left the dais and Paul Golab left the meeting at the end of this portion of the Formal Meeting Minutes Wednesday, April 13, 2011 Page 39 of 54 Board meeting. All Board Members, as listed above, remained in session. Joy Rich, Assistant County Manager, Darren Gerard, Deputy Planning and Development Director, and Attorney Wayne J. Peck came forward to present the following planning and zoning cases. PLANNING AND ZONING AGENDA REGULAR AGENDA Chairman Kunasek asked Darren Gerard to take P&D item 3 first. 3. SPECIAL USE PERMIT - Z2010088 - AT&T KUIPER DAIRY Case Number: Z2010088 Supervisorial 4 District: Applicant: Westower Communications for AT&T and Harold Kuiper Trust Location: Southeast of Southern Ave. and Dean Rd. (in the Rainbow Valley area) Request: Special Use Permit (SUP) for Wireless Communication Facility in the Rural-43 zoning district and in the Wireless Communication Facility Use District 2 (approx. 0.03 acres) Commission By a vote of 6-0, recommended approval subject to stipulations 'a' - 'u'. Action: (C-44-11-081-7-00) Darren Gerard reported on background for this Special Use Permit for an 80 foot high mono-pine carrier. There is no known opposition and the recommendation is for approval with stipulations “a” through “u.” Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Wilcox, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 1. TEXT AMENDMENT - TA2007006 - SIGN REGULATIONS Case Number: TA2007006 Supervisorial 4 District: Applicant: Commission-initiated Location: County-wide Request: Text Amendment to the Maricopa County Zoning Ordinance (MCZO) for the purpose of clarifying the Sign Definitions and updating the Sign Regulations Commission Recommended approval of TA2007006 version 8 by a unanimous 7-0 vote. Action: (C-44-11-078-7-00) Darren Gerard said this off-site sign regulation is for version 8b of the Text Amendment, and affects several chapters of the ordinance but most changes are in Chapter 14/Signs Regulations and Chapter 2/Definitions. He reminded Members that Version 8a of the Amendment was approved by the Board on February 9, 2011, amending the on-site sign regulations. This proposal, 8b, would allow for electronic message display (EMD) billboards to be installed on off-site locations. Such installation is not currently allowed. He reported on current regulations and those that are proposed for approval in 8b with regards to radiance and allowable distances. In exchange for allowing EMD billboards, a requirement for a greater separation from residential uses is proposed. Formal Meeting Minutes Wednesday, April 13, 2011 Page 40 of 54 Mr. Gerard explained there is an unintended loophole in the current ordinance allowing orientation of billboards on arterials or freeways that are actually located along separate side streets and thus not properly spaced 1,000 feet apart. A change to add vertical and horizontal embellishment space on existing signs is also part of the amendment. Mr. Gerard noted that background information given to the Board contains the changes sought today with the recommendation for approval from the Planning Commission. He said that meetings have been held with various representatives of the billboard industry but no consent has been reached. Supervisor Brock asked for comparative information between 8b and sign ordinances for Phoenix and towns in the Southeast Valley. He said that the Ahwatukee area is being heavily lobbied now and asked if the County’s changes bring it into alignment with others or if it is more harsh. Mr. Gerard replied the County’s current ordinance for rural areas is more strict but is in line with those in residential areas, other than in parks and mountain preserves. He said Planning is not aware of all residential restrictions in outlying jurisdictions, adding that many do not allow billboards. Supervisor Wilson believes the people living in rural areas should have input on having lighted billboards erected that could disturb their peace at night. Jason Morris, American Outdoors, referenced the eight different drafts and the years it has taken to get this amendment before the Board, acknowledging it is an extraordinarily difficult issue to resolve. He added that all municipalities are looking at their off-site sign ordinances, not just Maricopa County, explaining that digital boards are revolutionizing the industry. Jurisdictions all over the country are looking at the impact, both good and bad, in revising their ordinances to this new industry standard. He said that Maricopa County has been fortunate to have a code in place for the past 24 years that has produced no outcry from either the industry or from neighborhoods. He said all the prolonged discussion hasn’t worked. In the eight years this change has been under review he believed it has become evident to most that no solution can be found that will please everyone. He suggested that the Board keep the current Ordinance that has served well for the past 24 years and instruct staff to move to other issues, until the industry decides what is actually needed and brings a well thought-out proposal for the County to again consider. Stephen Earl, Clear Channel Outdoors, said he has been involved in all eight drafts of the Amendment. He agreed with Jason Morris that the County’s code has served well and he believed that no one in the industry had prompted amending it. He addressed the differences between the Phoenix (and other) ordinances and the County’s with regards to acceptable sizes of digital boards, Phoenix allowing a larger size. He suggested allowing Special Use Permits (SUP), or similar, so companies could obtain permission for larger digital signs on County Islands on both older and new construction. Conventional signs are standard at 14x48 feet, digital must be 10x30 feet, making it very difficult for companies to digitalize an older sign. He said special permitting is not now in the code and his company had hoped for a continuance to insert a way for digital technology to be utilized in the larger signs. He added, “Absent that, we are content with the existing Ordinance.” Supervisor Brock asked why these changes are being made if there have been no complaints. Formal Meeting Minutes Wednesday, April 13, 2011 Page 41 of 54 Darren Gerard replied that Planning has received concerns expressed by the community and that had prompted these changes, which are more strict than the urban ordinance in Phoenix. He added that many jurisdictions, especially in the East Valley, do not allow any billboards except under very strict restrictions. He said the Amendment is an effort to address input by the citizenry. Mr. Earl said he didn’t know who these citizens were but every meeting he had attended was composed only of sign company representatives. He added that the Planning staff had introduced the question of digital signs, and since it was introduced companies would like to be able to request it for standard sized boards (14x48 feet). Carolyn Oberholtzer, Brown Outdoor, was in agreement that additional “tweaks” would be desirable, but, if faced with the choice of this Amendment or continuing with the current Ordinance language, the preference would be to retain the current one. Felipe Zubia, Relay Outdoor, said his company supports continuing to operate in Maricopa County as in the past for a number of reasons. He felt the County standards have become even more restrictive than the cities, which is not the “norm.” He addressed concerns and solutions in handling EMD’s that would simplify any disparity. Mr. Zubia added that 36 months have been spent on this process and it is not even close to having a consensus on issues. If the old method continues the industry could introduce concepts to Planning for possible improvements that have already been agreed to by the majority. The Chairman thanked all of the company representatives, saying the Board Members had received a very educational experience from the discussions and meetings. He felt the one constant was that the current system was not “broke” but that each company wanted to include a “personal” stipulation that others did not like and a consensus could not be reached. He added, “Unfortunately, everybody convinced me of their position,” which he had found to be personally confusing as to what were the “right or wrong” changes. Supervisor Wilcox agreed, saying that everyone had sounded rational and that their way was the right way. Supervisor Stapley stated that digital signs should be allowed in the County as it moves into the 21st Century, adding that there will always be County Islands and County standards. He said he too had listened to all sides and had thought his mind was made- up … and had found that this could change. He advised listening to the Industry and what it is telling the County; not to move something forward that is going to create a problem but to find a solution first and the way to do that is to stop the process and leave the Ordinance the way it is for now. Supervisor Stapley invited the industry to come up with a plan that all could agree to and bring it back. He stated that billboards can enhance a community if they are done right and are becoming an important way to communicate with the public. Motion to deny by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 2. PLAN OF DEVELOPMENT - Z2010072 - SABRE BUSINESS PARK BILLBOARDS PLAN OF DEVELOPMENT Case Z2010072 Number: Formal Meeting Minutes Wednesday, April 13, 2011 Page 42 of 54 Supervisorial 4 District: Applicant: Beus Gilbert, PLLC for French Fryes LLC, Four Leaf Operations LLC, Saribeth LLC, Town Center Crossings LLC, Peter Peter Cottontail LLC, Randango LLC Location: Bounded on the west by Loop 303 freeway, the north by the Ocotillo Rd. alignment, the east by Sarival Rd. and the south by Missouri Ave. alignment Request: Plan of Development for six (6) off-site advertising signs (approx. 173 acres) Commission Approval by a vote of 6-0 subject to staff stipulations 'a' - 'n' inclusive of four additional Action: waivers (see attachment) as shown below:a. Development of the site shall comply with the Plan of Development entitled “Sabre Business Park—Offsite Advertising Display Precise Plan of Development“, consisting of 9 full-size sheets, dated July, 2010, and stamped received January 21, 2011, except as modified by the following stipulations.b. Development of the site shall be in conformance with the Narrative Report entitled “Sabre Business Park--Billboards”, consisting of 5 pages, dated February 16, 2011, and stamped received February 16, 2011, except as modified by the following stipulations.c. That a maximum of four billboards be permitted with the plan of development.d. That the billboards be non-illuminated.e. That within thirty (30) days a revised Plan of Development and narrative report be submitted for review and approval in conformance with the final adopted stipulations.f. That the applicant shall ensure that required building permits for the site or first phase are issued within two (2) years of the date of approval of the Plan of Development. Prior to the date of expiration, the applicant may file a single request for one a (1) year time extension. g. The following Maricopa County Department of Transportation (MCDOT) stipulation shall apply:• All site access drives in County right-of-way must be paved.h. 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 from public view.i. Prior to issuance of any permits for development, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way.j. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations.k. The applicant shall submit a written report outlining the status of the development at the end of 5 years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Military Compatibility Permit remains in compliance with the approved stipulations.l. Amendments to the precise plan of development and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements.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 Plan of Development and Military Compatibility Permit MCP2010003 as set forth in the Maricopa County Zoning Ordinance.n. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with stipulations. (C-44-11-077-7-00) Motion to continue to the May 25, 2011, meeting date by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Item 3 was taken out of order and heard first in the Planning & Development cases with action taken at that time. 3. SPECIAL USE PERMIT - Z2010088 - AT&T KUIPER DAIRY Case Number: Z2010088 Supervisorial 4 District: Formal Meeting Minutes Wednesday, April 13, 2011 Page 43 of 54 Applicant: Westower Communications for AT&T and Harold Kuiper Trust Location: Southeast of Southern Ave. and Dean Rd. (in the Rainbow Valley area) Request: Special Use Permit (SUP) for Wireless Communication Facility in the Rural-43 zoning district and in the Wireless Communication Facility Use District 2 (approx. 0.03 acres) Commission By a vote of 6-0, recommended approval subject to stipulations 'a' - 'u'. Action: (C-44-11-081-7-00) 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, April 13, 2011 Page 44 of 54 BOARD OF DEPOSIT The Board of Deposit of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, April 13, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; David Smith, County Manager; and Paul Golab, Legal Counsel. Minutes compiled by Shirley Million, Minutes Coordinator. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Deposit meetings held November 3, 2010. (C-06-11-407-7-00) Motion to approve by Director Wilson, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, 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, April 13, 2011 Page 45 of 54 FLOOD CONTROL DISTRICT AGENDA The Board of Directors of the Flood Control District Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, April 13, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; David Smith, County Manager; and Paul Golab, Legal Counsel. Minutes compiled by Shirley Million, Minutes Coordinator. F-1. IGA WITH CITY OF PHOENIX FOR BETHANY HOME ROAD AND 5TH AVE DRAINAGE IMPROVEMENTS PROJECT Approve Intergovernmental Agreement (IGA) FCD 2010A025 for the Bethany Home Road and 5th Avenue Drainage Improvements Project (Project [#699]) between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $300,000. The District’s estimated share of the Project cost is $225,000 and is limited to $250,000; the City’s estimated share of the Project cost is $75,000. The City will coordinate operation and maintenance of the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2011/12. The Project was recommended, scoring seventh among ten submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003 (C-69-09-062-6-00). The Project will reduce flows that have caused documented historic flooding of seven properties and will reduce flows that have caused roadway or access closures in the vicinity of the Project. This Agenda Item impacts Supervisor District 3. (C-69-11-051-3-00) Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox F-2. RESOLUTION FOR NEW RIVER DAM OUTLET IMPROVEMENTS PROJECTS Adopt Resolution FCD 2011R004 for the New River Dam Outlet Improvements Project (Project [#370]), authorizing the Chief Engineer and General Manager of the Flood Control District of Maricopa County (District) to include funds for the Project implementation in the District’s current and future Five-Year Capital Improvement Programs, subject to the ratification and approval of this Board; and to advertise, select, negotiate and award contracts for engineering and construction services for implementation of the Project, subject to the ratification and approval of this Board. The District and the U.S. Army Corps of Engineers constructed the New River Dam and associated works (the Dam) in 1985 as part of the New River and Phoenix City Streams Flood Control Project, providing enhanced flood protection for downstream Maricopa County residents, and the District operates and maintains the Dam. Erosion related to the Dam’s outlet channel will potentially impact District maintenance access and has caused outlet flow restrictions and resultant stagnant impoundments contrary to design specifications. District engineering efforts have identified that these conditions require corrective action, including improvements to the Dam’s outlet channel. This Agenda Item impacts Supervisor District 4. (C-69-11-050-6-00) Formal Meeting Minutes Wednesday, April 13, 2011 Page 46 of 54 Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox F-3. IGA WITH TOWN OF CAVE CREEK FOR CAVE CREEK FLOOD HAZARD REDUCTION Approve Intergovernmental Agreement (IGA) FCD 2010A020 for the Cave Creek Flood Hazard Reduction Project (Project [#699]) between the Town of Cave Creek (Town) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $1,250,000. The District’s estimated and not-to-exceed share of the Project cost is $250,000; the Town’s estimated share of the Project cost is $1,000,000. The Town will be responsible for operation and maintenance of the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. Approve exceptions to the standard terms of the District’s Small Project Assistance Program (FCD 2009R003, C-69-09-062-6-00), considering Town Project expenditures prior to July 1, 2011 as valid Project costs to be reimbursed by the District in Fiscal Year 2011/12; requiring the Town to obtain from affected property owners notices releasing the District from liability for the Project; limiting Town operation and maintenance responsibilities to 25 years; and facilitating administrative modifications to IGA terms allowing compatibility with the Town’s concurrent Agreement with the US Department of Agriculture Natural Resources Conservation Service for Project implementation. Additionally, approve an exception to the District’s Small Project Assistance Program (FCD 2009R003, C-69-09-062-6-00), authorizing small projects approved for Fiscal Year 2011/2012 to collectively exceed the $2,000,000 Small Project Assistance Program aggregate funding limit. The Town proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2011/12. The Project was recommended, scoring fourth among ten submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003 (C-69-09-062-6-00), except as otherwise noted in this Agenda Item and in the IGA. The Project will reduce a documented flooding/erosion hazard that has historically impacted seven residential properties. This Agenda Item impacts Supervisor District 2. (C- 69-11-048-3-00) Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox F-4. NON-EXCLUSIVE WATER LINE AND SEWER LINE EASEMENT AT THE MCMICKEN DAM OUTLET Approve Non-Exclusive Water Line and Sewer Line Easement at the McMicken Dam Outlet Channel, from the Flood Control District of Maricopa County (District) to Arizona- American Water Company, pursuant to FCD Resolution 2002R002 utilization of District property for water, gas, sewer or other types of pipelines. This Water Line and Sewer Line Easement addresses construction, operation, repair and maintenance of an Arizona-American Water Company water line and sewer line and appurtenant facilities across and under Flood Control District property at the McMicken Formal Meeting Minutes Wednesday, April 13, 2011 Page 47 of 54 Dam Outlet Channel. Item impacts Supervisor District 4. (C-69-11-054-M-00) Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox F-5. IGA WITH CITY OF PHOENIX FOR 525 EAST MOUNTAIN VIEW ROAD DRAINAGE IMPROVEMENTS PROJECT Approve Intergovernmental Agreement (IGA) FCD 2010A023 for the 525 East Mountain View Road Drainage Improvements Project (Project [#699]) between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $506,606. The District’s estimated and not-to-exceed share of the Project cost is $250,000; the City’s estimated share of the Project cost is $256,606. The City will operate and maintain the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2011/12. The Project was recommended, scoring sixth among ten submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003 (C-69-09-062-6-00). The Project will reduce flows that have caused documented historic flooding of three residential properties and will reduce flows that have caused roadway or access closures in the vicinity of the Project. This Agenda Item impacts Supervisor District 3. (C-69-11-053-3- 00) Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox F-6. IGA WITH CITY OF PHOENIX FOR 1525 WEST HELENA DRIVE DRAINAGE IMPROVEMENTS PROJECT Approve Intergovernmental Agreement (IGA) FCD 2010A024 for the 1525 West Helena Drive Drainage Improvements Project (Project [#699]) between the City of Phoenix (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $414,870. The District’s estimated and not-to-exceed share of the Project cost is $250,000; the City’s estimated share of the Project cost is $164,870. The City will operate and maintain the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2011/12. The Project was recommended, scoring ninth among ten submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003 (C-69-09-062-6-00). The Project will reduce flows that have caused documented historic flooding of two residential properties and will reduce flows that have caused roadway or access closures in the vicinity of the Project. This Agenda Item impacts Supervisor District 3. (C-69-11-052-3- 00) Formal Meeting Minutes Wednesday, April 13, 2011 Page 48 of 54 Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox F-7. IGA WITH CITY OF MESA FOR HIBBERT AND 1ST ST DRAINAGE IMPROVEMENTS PROJECT Approve Intergovernmental Agreement (IGA) FCD 2010A021 for the Hibbert and 1st Street Drainage Improvements Project (Project [#699]) between the City of Mesa (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $350,000. The District’s estimated and not to exceed share of the Project cost is $250,000; the City’s estimated share of the Project cost is $100,000. The City will operate and maintain the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2011/12. The Project was recommended, scoring second among ten submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003 (C-69-09-062-6-00). The Project will reduce flows that have caused documented historic flooding of three residential properties and will reduce flows that have caused roadway or access closures in the vicinity of the Project. This Agenda Item impacts Supervisor District 2. (C-69-11-049-3- 00) Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox F-8. IGA WITH CITY OF MESA FOR MESA VISTA DRAINAGE IMPROVEMENTS Approve Intergovernmental Agreement (IGA) FCD 2010A022 for the Mesa Vista Drainage Improvements Project (Project [#699]) between the City of Mesa (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $330,000. The District’s estimated share of the Project cost is $247,500 and is limited to $250,000; the City’s estimated share of the Project cost is $82,500. The City will operate and maintain the completed Project. The IGA shall become effective when recorded at the office of the County Recorder and shall expire two years from the date of recording or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2011/12. The Project was recommended, scoring eighth among ten submittals by various municipalities. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003 (C-69-09-062-6-00). The Project will reduce flows that have caused documented historic flooding of two residential properties and will reduce flows that have caused roadway or access closures in the vicinity of the Project. This Agenda Item impacts Supervisor District 1. (C-69-11-047-3- 00) Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Formal Meeting Minutes Wednesday, April 13, 2011 Page 49 of 54 F-9. RESOLUTION FOR GENERAL POLICIES CONCERNING THE FINANCIAL MANAGEMENT OF THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Adopt Resolution FCD 2010R008, General Policies Concerning the Financial Management of the Flood Control District of Maricopa County, consolidating and affirming the District’s fiscal policies. Rescind the District’s prior fiscal policy statements, Resolution FCD 88-08 (adopted July 11, 1988) and its amendment, Resolution FCD 88-08A (adopted September 7, 1993). Resolution FCD 2010R008 provides the following consolidated guidance for management of District operating and capital funds: The Chief Engineer and General Manager of the District shall review prospective capital improvements to existing District structures, including acquisition of necessary ancillary land rights; shall evaluate their merit; shall advance resolutions for such projects to the Board for approval; and shall establish funding priority for such projects on the basis of readiness and hazard mitigation need. The Chief Engineer and General Manager of the District shall review prospective flood control capital projects involving federal cost share; shall evaluate their merit; shall advance resolutions for recommended projects to the Board for approval; and shall establish funding priority for such projects on the basis of readiness and hazard mitigation need. The Chief Engineer and General Manager of the District shall evaluate, under a published annual prioritization procedure maintained by the Chief Engineer, proposed regional flood control capital projects not involving federal cost share; shall advance annual recommendations to the District's citizens advisory board for concurrence; shall advance resolutions for recommended projects to the Board for approval; and shall establish funding priority for such projects, first on the basis of readiness and hazard mitigation need, and second on the basis of proposed municipal cost share (which shall be no less than twenty percent, when such projects are constructed in incorporated jurisdictions, except as approved by the Board). Applying the guidance contained in this proposed resolution and in resolutions FCD 93-03 (Landscape and Aesthetic Policy [approved May 3, 1993, subject to future amendments]), FCD 2006R003 (Flood-prone Properties Assistance Program [C-69-07-016-6-00, subject to future amendments]) and FCD 2009R003 (Small Projects Assistance Program [C-69-09- 062-6-00, subject to future amendments], the Chief Engineer and General Manager of the District shall formulate, annually, a Capital Budget and five-year Capital Improvement Program; the Capital Budget and Capital Improvement Program shall be presented to the District's citizens' advisory board for review and to the Board for approval; shall include annual expenditures in three categories: Primary Capital Improvement Program, Small Project Assistance Program and Flood-prone Properties Acquisition (the Capital Budget Categories), and associated projected annual engineering, right-of-way, construction and internal labor costs, in accordance with Arizona Revised Statutes Title 48, Chapter 21. The Chief Engineer and General Manager of the District is authorized to allocate and re- allocate, if necessary, funding among capital projects within each Capital Budget Category, and shall request Board approval to re-allocate, if necessary, funding between Capital Budget Categories or to modify the aggregate Capital Budget. The Chief Engineer and General Manager of the District shall formulate an annual Formal Meeting Minutes Wednesday, April 13, 2011 Page 50 of 54 Operating Budget, in accordance with approved annual budget guidance and Arizona Revised Statutes Title 48, Chapter 21, addressing requirements related to flood hazard identification, maintenance, regulation and education, and necessary administrative support; the annual Operating Budget shall be presented to the District's citizens' advisory board for review and to the Board for approval. The Chief Engineer and General Manager of the District shall ensure annual proposed Operating Budgets and Capital Budgets are consistent with established Board guidance that balances flood hazard mitigation needs, fiscal responsibility, sustainability and efficient operation, and shall annually recommend to the Board the annual tax levy considered necessary or appropriate for its operations in accordance with ARS 48-3620(A) 1. For capital projects authorized by Board-adopted resolutions, and for operational items pertinent to the District’s mission, the Chief Engineer and General Manager of the District shall seek to negotiate partnerships where such partnerships enhance the District’s ability to perform its mission, increase the District’s efficiency, generate District revenue, or reduce District expenditures, and shall present resultant agreements to the Board for approval. The Chief Engineer and General Manager of the District shall periodically review the policies established by this resolution and shall present recommended amendments to the Board for approval. This Agenda Item impacts all supervisorial districts. (C-69-11-055-6-00) Supervisor Wilcox asked if the district as a whole had worked on this item and was aware of it. Ed Raleigh, Flood Control District Engineering Manager, responded affirmatively saying this brings the District into conformance with the way MCDOT currently operates and that OMB had also approved this. Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox FLOOD CONTROL DISTRICT ADDENDUM FA-1. LIMITED WAIVER CONFLICT OF INTEREST FOR DAVID PENNARTZ, GUST ROSENFELD Approve a request for a limited waiver, to the extent it exists, of the conflict of interest for David Pennartz of the law firm of Gust Rosenfeld, for the limited purpose of providing legal advice and counsel to the Fowler School District in its efforts to obtain an easement for construction from the Maricopa County Flood Control District by way of condemnation. Discussed in executive session on April 11, 2011. (C-06-11-420-M-00) Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. Formal Meeting Minutes Wednesday, April 13, 2011 Page 51 of 54 ___________________________________ Andrew Kunasek, Chairman of the Board ATTEST: ____________________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, April 13, 2011 Page 52 of 54 LIBRARY DISTRICT AGENDA The Board of Directors of the Library District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, April 13, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; David Smith, County Manager; and Paul Golab, Legal Counsel. Minutes compiled by Shirley Million, Minutes Coordinator. L-1. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Library District for March 2011. Donation reports are on file in the Clerk of the Board’s Office. (C-06-11-409-7-00) Motion to approve by Director Brock, seconded by Director Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox L-2. AMENDMENT TO LEASE AGREEMENT WITH 2700 GROUP LLC Approve, and authorize the Chairman to execute, Amendment No. 1 to Lease Agreement L-7385 between 2700 Group LLC, as Lessor, and Maricopa County Library District for lease renewal of 17,360 square feet of office space at 2700 N. Central Avenue, Phoenix, Arizona. The new lease terms stipulated in Amendment No. 1 of Lease Agreement L-7385 will be effective April 1, 2011. Amendment No. 1 will extend the lease term for an additional 5 years with a new termination date of November 30, 2016. Amendment No. 1 adjusts the rentable area of the premises to 15,000 square feet. The Amendment also adjusts the rental rate to $16.50 per rentable square foot beginning April 1, 2011 through November 30, 2012, with no expense or rental tax pass-through. The annual rental rate increases by $0.50 per square foot per year beginning December 1, 2012. The District will be charged a parking fee of $25 per month per parking space. The Lessor will abate the first 16 months of parking fees. (C-65-06-024-1-01) Motion to approve by Director Brock, seconded by Director Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox LIBRARY DISTRICT ADDENDUM LA-1. CONTRACT WITH ARIZONA PUBLIC SERVICE FOR THE 2011 PRODUCTION BASED RENEWABLE ENERGY INCENTIVE PROGRAM Authorize the Chairman to sign a contract with Arizona Public Service (APS) related to the White Tank Branch Library project. The contract is a renewable energy credit purchase agreement. The District will sell and APS will purchase certificates representing the environmental attributes associated with the energy produced by the PV system installed on the roof of the White Tank Branch Library & Nature Center. (C-65-11-015-M-00) Clerk of the Board Fran McCarroll announced that this item would be amended and reposted at a later date. Formal Meeting Minutes Wednesday, April 13, 2011 Page 53 of 54 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, April 13, 2011 Page 54 of 54 STADIUM DISTRICT AGENDA The Board of Directors of the Stadium District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, April 13, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Official Record Keeper; David Smith, County Manager; and Paul Golab, Legal Counsel. Minutes compiled by Shirley Million, Minutes Coordinator. S-1. SALE OF SURPLUS EQUIPMENT Approve the sale for $1.00, and transfer one surplus 2001 Tennant floor scrubber from the Stadium District to Maricopa County Equipment Services Department. This equipment is assigned grouped capital asset number F0101439. This equipment will be used to clean concrete floors within the department’s facilities as part of the storm water compliance program. This item was continued from the March 30, 2011 meeting. THIS ITEM REQUIRES UNANIMOUS CONSENT OF THE BOARD. (C-74-11-006-V-00) Fran McCarroll announced that this item would be amended and continued to the April 27, 2011, meeting. S-2. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Stadium District meetings held December 13, 2010, December 15, 2010, January 10, 2011, January 26, 2011. (C-06-11-406-7-00) Motion to approve by Director Brock, seconded by Director Stapley Ayes: Kunasek, Brock, Stapley, Wilson, 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, Official Record Keeper