MINUTES PURSUANT TO A.R.S. §§38-431.01 AND 11-217, - 042711FB.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 36 Flood Control 37 Library District 41 Stadium District 42 Board of Deposit No Meeting Wednesday, April 27, 2011 9:00 AM Formal Meeting Minutes Wednesday, April 27, 2011 Page 2 of 42 1. <INVOCATION Dr. Don Covey, Maricopa County Superintendent of Schools, offered the invocation. 2. <PLEDGE OF ALLEGIANCE Terri Mulholland, 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 27, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4. Absent: Andrew Kunasek, Chairman, District 3, and Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Debra Love, Minutes Coordinator; David Smith, County Manager; and Paul Golab, Legal Counsel. BOARD OF SUPERVISORS 4. <PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL. Jimmy Amaya, West Valley Supervisor for Maricopa County Animal Care and Control, (MCACC) presented a one year old male long hair Chihuahua available immediately for adoption. The puppy is part of the Fetchback program, which is a program that provides the total cost of adoption, vaccinations, and spay/neuter surgery for dogs and cats in need of homes. Contact MCACC at 602-506-7387 for more information. PRESENTATIONS 5. PRESENTATION OF STATE QUALITY AWARD RECIPIENTS Presentation regarding the State Quality Awards: Presentation of results by award recipients. David Smith, County Manager; Carla Carter; Dr. Rodrigo Silva; Mark Soto; Kenny Harris; Janet Palacino; Tom Tegler; and Laura Vasquez (C-20-11-050-P-00) David Smith, County Manager, stated that Maricopa County test departments and agencies themselves, internally and externally, for purposes of measuring against their Managing for Results program as well as for accountability. He added that a more cross-cutting measurement of business processes, is the Malcolm Baldrige Award, a national award. Locally, the State Quality Awards, currently offered in 44 states including Arizona, measure private sector, non-profit sector, healthcare, education, and public sector entities. Mr. Smith stated that Maricopa County has been participating in the State Quality Awards process for the past 7 years, and as one of the 2010 award recipients, Maricopa County has received their 15th, 16th, and 17th award, which is more than any other employer in Arizona. Most importantly, more than just winning are the questions of Formal Meeting Minutes Wednesday, April 27, 2011 Page 3 of 42 “what can we gain, or what can we learn?” Carla Carter, Carla Carter Associates, provided background on the Arizona Quality Alliance (AQA) award schedule: March-June – Orientation for companies in Maricopa County interested in applying for the award July-August – Preparation for site visits September-October – Complete site visits December – Notification & Feedback to award winners January-February – Applicants take actions from feedback report The 2010 State Quality Award Recipients are: Pioneer Award for Quality Scottsdale Health Care Showcase in Excellence Award Recipients Maricopa County (3) Banner Desert Medical Center The Boeing Company (2) The Council on Chiropractic Education Deer Valley Unified School District Laboratory Sciences/Banner Del Webb TriWest Healthcare Alliance University of Phoenix Preventative Maintenance Work Order System Janet Palacino, Maricopa County Director of Facilities, presented a summary of the preventative maintenance work order system the Facilities Management Department (FMD) implemented. The department responds to 60,000 work orders annually on the County’s 10 million square feet of building space. The process was developed by FMD to implement a process for preventative maintenance instead of “reactive” maintenance. Manufacturers’ maintenance schedules were loaded into the system to schedule the preventative maintenance dates. The Preventative/Predictive module of Maximo (the program used to track the maintenance) was utilized to: Proactively manage workflow of work orders Track the need and completion of preventive work orders for systems equipment The new program resulted in: Fewer equipment failures that affect productivity Maximizing full useful life of facilities systems equipment Achieving a 50:50 ratio of preventive to corrective maintenance Ms. Palacino reported that even though the recommendation is for FMD to have 181 full-time employees, with the use of Maximo, the department is able to operate efficiently with fewer employees. She stated FMD’s participation in the 2010 AQA process allowed her department to reevaluate and further improve their preventative maintenance process and by doing so, it allowed them to become the 2010 Showcase in Excellence Award Recipient. Ms. Palacino stated that through the application of the Formal Meeting Minutes Wednesday, April 27, 2011 Page 4 of 42 AQA criteria, FMD has been able to identify areas in which to provide better customer service through improved processes. The success of the program has been evident through the customer satisfaction survey. Ms. Palacino provided thanks to Rick Barker, FMD Deputy Director, and Ken Burt, FMD Division Director for their assistance with the process through the years. Medical Inventory and Supply Technicians Laura Vasquez, Medical Inventory & Supply Technician, Correctional Health Services (CHS), presented an overview on the centralization of CHS’ medical supply system. The system was introduced in February 2006, and the goals of the system were to: Develop a clinical support team Reduce the cost of medical supplies Reduce medical supply outages Reduce loss of products with life cycles CHS developed a Medical Inventory & Stock Technicians (MIST) Unit, and the operations of the MIST Unit were: courier service, fixed/capital assets, fleet services, medical supplies logistics, medications distribution, and surplus management. The MIST Unit identified and initiated the following quality management initiatives: Monitor and maintain service area medical supply par levels Organize/rotate expired medical supplies Improve tracking of inventory and costs Secure supplies utilized in warehouse as well as clinical areas Customer input/feedback Product standardization Ms. Vasquez reviewed the quality management process results and benefits the MIST Unit achieved with the implementation mentioned above. She stated that CHS received an AQA feedback report in 2008 and the group took measures from that report and implemented changes which allowed them to become the 2010 award recipient. Uno por Uno Program Dr. Rodrigo Silva, Director of Animal Care & Control, thanked the Board for their leadership and support of the Uno por Uno Program, which is a program that brings needed pet ownership services to the at-risk and vulnerable areas of Maricopa County. Dr. Silva stated Maricopa County was the first to start a program such as Uno por Uno, and it is now being used as an example in other areas of the country. Mark Soto, Animal Care & Control, provided an overview of the Uno por Uno Program: Indentify vulnerable areas of low licensing compliance and frequent impounds, as these are indicators of the needs to increase services Event setup at an accessible, visible location within a vulnerable community Expansive marketing and promotion A systematic flow which maximizes resources and flexibility The Uno por Uno Program received a bus donation from the Library district, which was Formal Meeting Minutes Wednesday, April 27, 2011 Page 5 of 42 wrapped with their logo and is used at events. The events are staffed by five staff members and a group of volunteers. Uno por Uno’s program results after being tested against the AQA process were: Increased attendance at events Smoother processes Happier customers Needed services being provided Increased licensing compliance Increased pet sterilizations Mr. Soto commented that the Uno por Uno Program is working on future expansion plans, and currently they are offering vaccination services once a week. In addition, community partnerships with other mobile units and clinics have increased. Mr. Soto stated that the World Rabies Organization was not previously collecting statistical data, however, after contacting Maricopa County, they implemented a process based on the information provided by Animal Care & Control. Chairman’s Prerogative Supervisor Brock commented about the annual Bike to Work Day held on Wednesday, April 20, 2011. He stated that the purpose of the event was to raise awareness about transit options, pollution and helmet safety. The event had over 200 participants, including employees from Maricopa County, City of Phoenix, Valley Metro, & St. Joseph’s Hospital. Supervisor Brock stated the event represented a reduction of 5800 pounds of greenhouse gas emissions, 528 pounds of automobile emissions, and hundreds of dollars saved in gasoline. He thanked Pat Soria, Public Information Office, and Terri Mulholland, County Manager’s Office, and staff for coordination of the event and making it such a success. STATUTORY HEARINGS Public Works 6. <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. A254-R Road File No. A254-R, said alignment is also known as 90th Place, from Adobe Road, North 989.25 feet to Terminus, lying within Supervisor District No. 2. (C-91- 11-176-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Formal Meeting Minutes Wednesday, April 27, 2011 Page 6 of 42 Absent: Kunasek, Wilcox b. ROAD FILE NO. A440 Road File No. A440, said alignment is also known as 91st Way, from Adobe Road, North 989.25 feet to Terminus, lying within Supervisor District No. 2. (C-91-11-178- M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox AGENCY ITEMS AND STATUTORY MATTERS COUNTY OFFICERS County Attorney 7. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE - COUNTY ATTORNEY Pursuant to A.R.S. § 11-409, approve the official appointment of the following deputies and assistants of the Maricopa County Attorney. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231, and to cause them to be filed with the County Recorder. Effective 3/21/2011: Kristine Marie Christian, Fleet/Fixed Asset Accountant Matthew E. McGregor, Deputy County Attorney Donna Moro, Legal Support Assistant John W. Paulsen, Deputy County Attorney Effective 4/4/2011: Nicole Cano, Legal Support Assistant Sonya Heenan, Legal Support Assistant Natalie Therese Ramos Gruner, Advocate Gretchen E. McClellan, Advocate Rosanna Ojeda, Legal Support Assistant The County Attorney is an Officer of the County, as enumerated in A.R.S. § 11-401, and pursuant to A.R.S. § 11-409, such an enumerated County Officer may appoint deputies and assistants with the consent of the Board of Supervisors. Further, such appointments shall be in writing and filed with the County Recorder. (C-19-11-052-9-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 8. AMENDMENT TO LEASE AGREEMENT WITH WELLS FARGO BANK, N.A. Formal Meeting Minutes Wednesday, April 27, 2011 Page 7 of 42 Approve, and authorize the Chairman to execute, Amendment No. 1 to Lease Agreement L- 7278 between Wells Fargo Bank, National Association and Maricopa County for early expiration of the lease agreement. Amendment No. 1 to Lease Agreement L-7278 with Wells Fargo Bank, National Association will provide for an early expiration of the lease term on, or before, May 31, 2011. The anticipated rent savings and expense savings resulting from the early termination of the subject lease agreement is estimated at $279,110. (C-19-08-047-1-03) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 9. AMENDMENT TO LEASE AGREEMENT WITH EASTGATE MESA, LLC Approve, and authorize the Chairman to execute, Amendment No. 5 to Lease Agreement L- 7229 between Eastgate Mesa, LLC as successor in interest to Millett Family Properties LTD, as Lessor and Maricopa County as Lessee. Amendment No. 5 to Lease Agreement L-7229 with Eastgate Mesa, LLC as successor in interest to Millett Family LTC for 11,900 square feet of office space at 540 W. Iron in Mesa, AZ, will extend the term of the lease to December 31, 2011. The annual rental rate during the term of the lease extension will be $18 per rentable square foot plus applicable taxes. (C-19-96-028-4-05) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Elections 10. AMENDMENT TO MOU AND ADDENDUM WITH THE SECRETARY OF STATE FOR HELP AMERICA VOTE ACT FUNDS Approve Amendment No. 3 to Memorandum of Understanding (MOU) and Addendum No. 3, between the Board of Supervisors (BOS), and the Secretary of State for Help America Vote Act Funds. This MOU establishes principles and standards for determining costs for Federal awards carried out through grants cost reimbursements contracts, and other agreements with State and local governments. (C-36-11-002-G-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Sheriff 11. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Sheriff's Office for March 2011. Donation reports are on file in the Clerk of the Board’s Office. (C-06-11-426-7-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Formal Meeting Minutes Wednesday, April 27, 2011 Page 8 of 42 Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 12. ONE-TIME ADDITIONS TO FLEET RICO FORFEITURES Approve two one-time additions to the RICO fleet : 1) 2003 Chevrolet Tracker, with an estimated value of $3,000. This vehicle will replace current RICO vehicle #26 which has outlived its purpose and will be removed from the fleet, and 2) 2006 Ford Extended Cab Pick Up (Tan in Color), the estimated value of which is undetermined. This vehicle will replace RICO vehicle #105, which has outlived its purpose and will be removed from the fleet. These vehicles will be used for undercover special investigations. Also approve exemptions from marking for each of these vehicles per §A.R.S. 38-538.03. These vehicles are one-time additions to the fleet and will be supported with RICO funding with no funding from the general fund for replacement. The estimated annual cost is $6,240 each to be funded with RICO funds. (C-50-11-083-M-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 13. EXEMPTIONS FROM MARKINGS FOR UNDERCOVER VEHICLES GOING INTO SERVICE Approve per A.R.S. 38-538.03 exemptions from markings and undercover license plate designations for 43 County replacement vehicles that are going into service and will be assigned to Sheriff's Detectives. The safety of the deputy and the success of investigative operations requires exemptions from markings. The law does not allow for transfers of exemption from markings status to replacement vehicles. The specific list of the new undercover replacement vehicles is attached. (C-50-11- 084-M-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox JUDICIAL BRANCH Superior Court 14. APPOINTMENT OF ATTORNEYS AS SUPERIOR COURT JUDGES PRO TEMPORE Approve the appointment of Attorneys as Superior Court Judges Pro Tempore, in accordance with Arizona Revised Statutes § 12-141. The list of attorneys would serve as Superior Court Judges Pro Tempore without any compensation. The appointment will be for the period commencing July 1, 2011 through June 30, 2012. This serves the interests of judicial economy and promotes sound caseflow management. Formal Meeting Minutes Wednesday, April 27, 2011 Page 9 of 42 (List is on file in the Clerk of the Board's office.) (C-80-11-014-2-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 15. APPOINTMENT OF SUPERIOR COURT COMMISSIONERS AS SUPERIOR COURT JUDGES Approve the appointment of Court Commissioners as Superior Court Judges Pro Tempore in accordance with Arizona Revised Statutes § 12-141. The appointment will be for the period commencing July 1, 2011 through June 30, 2012. 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. The list of Court Commissioners would serve as Superior Court Judges Pro Tempore without any additional compensation other than that to which they are entitled as Court Commissioners. The appointment will be for the period commencing July 1, 2011 through June 30, 2012. (List on file in the Clerk of the Board's office) (C-80-11-013-2-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox COUNTY MANAGER Office of the County Manager 16. RESOLUTION TO APPLY FOR TRIBAL GAMING FUNDS FROM FT MCDOWELL YAVAPAI NATION Authorize by Resolution, Maricopa County through the Office of the County Manager to submit eleven applications to the Ft. McDowell Yavapai Nation for Tribal Gaming Grant funds for County Departments. The total amount of funds requested will not exceed $453,156. Authorize the Chairman to sign all application documents related to these grant funds, as applicable. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. Upon the award of grant funds an additional agenda item will be submitted to the Board of Supervisors for acceptance of individual grant funds and execution of all necessary acceptance documents which may also include an IGA between Maricopa County and Ft. McDowell Yavapai Nation. Indirect costs are not applicable to Tribal Gaming Grants. Additional agenda item will include information on the unrecoverable indirect costs associated with grant awards. Furthermore, the acceptance agenda item will adjust the overall grant budget to accommodate these grants through a future reconciliation. Ft. McDowell/Reading for the Stars C-20-11-051-G-00 Formal Meeting Minutes Wednesday, April 27, 2011 Page 10 of 42 Ft. McDowell/Banner Health C-20-11-052-G-00 Ft. McDowell/Community Dental C-20-11-053-G-00 Ft. McDowell/Crises Nursery C-20-11-054-G-00 Ft. McDowell/National Kidney Foundation C-20-11-055-G-00 Ft. McDowell/Native American Community Center C-20-11-056-G-00 Ft. McDowell/Rio Verde Fire District C-20-11-057-G-00 Ft. McDowell/Southwest Human Development C-20-11-058-G-00 Ft. McDowell/TGEN Foundation C-20-11-059-G-00 Ft. McDowell/Veterans Assistance C-20-11-060-G-00 Ft. McDowell/Children Museum of Phoenix C-20-11-061-G-00 (C-20-11-062-G-ZZ) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox DEPUTY COUNTY MANAGER Management and Budget 17. GRANT YEAR-END FUND TRANSFER FROM RYAN WHITE PART A Authorize and approve a grant year-end fund transfer in an amount not-to-exceed $144,195 from the Public Health Grants Fund (532) FY 2011 Ryan White Part A Grant to the General Fund (100) for indirect cost recovery. Approve appropriation adjustments to increase appropriated revenues in an amount not to exceed $144,195 in Non Departmental (470) General Fund (100) Operating (0000), and reduce appropriated expenditures and revenues by the same amount in Eliminations (980) Eliminations Fund (900) Operating (0000). This adjustment results in net reduction of expenditures in the Maricopa County FY 2011 Revised Budget from non-local revenues in an amount not to exceed $144,195, but does not change total appropriated expenditures from local revenues pursuant to A.R.S. § 42-17107. Ryan White Part A receives funds from HRSA (Health Services Resources Administration), a Federal Agency, for the purpose of providing life-saving medical and support services to low income or uninsured people infected with HIV or AIDS. According to the Program Terms, the grant allows for a recovery of up to 10% for indirect costs. The Department of Finance has calculated the Ryan White Part A Fund 532 FY 2011 Central Service Cost to be $144,195. The exact figure has of yet to be determined as the grantee may not use more than ten (10) percent of the grant funds for administration, accounting, reporting, program oversight and planning council activities. Indirect costs are considered administrative. The indirect costs will be applied to the FY 2011 Ryan White Part A Grant and the exact dollar amount of the transfer will be determined after all final direct expenditures are posted. (C-49- 11-055-2-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 18. MARICOPA COUNTY HOURS WORKED FOR EXEMPT EMPLOYEES POLICY Approve the new Maricopa County Hours Worked for Exempt Employees Policy. Formal Meeting Minutes Wednesday, April 27, 2011 Page 11 of 42 The Maricopa County Hours Worked for Exempt Employees Policy (B7011), outlines the County’s tracking of work hours for those employees who are in positions that are exempt from the overtime provisions contained in the Fair Labor Standards Act (FLSA) and related state wage laws. (C-49-11-054-6-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 19. COUNTY ATTORNEY’S OFFICE CAREER PATH Approve the County Attorney’s Office Career Path dated April 27, 2011 pursuant to the Maricopa County Employee Compensation Plan. This career path is for Career Training Managers within the County Attorney’s Office and replaces all previous training career paths applicable to the County Attorney’s Office. (C-49- 11-056-6-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Office of Enterprise Technology 20. COMMUNICATIONS USE LEASE WITH THE U.S. DEPARTMENT OF AGRICULTURE - FOREST SERVICE Approve and execute a new Limited Service Lease No. L-7430 with U.S. Department of Agriculture - Forest Service for 510 square feet of Lot, for use by the Office of Enterprise Technology, located at Mount Ord. The lease period commences on January 1, 2012 and terminates on December 31, 2031. Annual rents, not including operations and maintenance fees and rental tax, for the initial term are: Year Price Per Square Foot Monthly Property Rents Annual Property Rents 2012-2031 No Cost No Cost No Cost This lease shall terminate at one minute after midnight on December 31, 2031. This lease is not renewable, but the Lessee has the right to request a new lease. This request must be in writing and made one year prior to lease termination. (C-41-11-009-1-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox ASSISTANT COUNTY MANAGER - COMMUNITY COLLABORATION Animal Care and Control 21. ACCEPT AN X-RAY MACHINE AND PROCESSOR FROM ARIZONA ANIMAL WELFARE LEAGUE Accept a non-monetary donation of a 1998 Summit Innovet Classic Veterinary X-Ray Formal Meeting Minutes Wednesday, April 27, 2011 Page 12 of 42 Machine and Processor from Arizona Animal Welfare League of Phoenix, AZ, valued at $2,500. (C-79-11-108-D-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Human Services 22. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR INCREASE IN AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS FOR WORKFORCE INVESTMENT ACTIVITIES Approve Amendment No. 2 to the Intergovernmental Agreement (IGA) (C-22-09-141-3-00) with Arizona Department of Economic Security (DES) DE091201001 and Maricopa County, administered by its Human Services Department, Workforce Development Division. The purpose of this amendment is to accept an increase of $100,000 in American Recovery and Reinvestment Act (ARRA) Workforce Investment Act (WIA) Title, 1B funds from $7,874,563 to $7,974,563, for the purpose of expanding WIA activities. The increase in funds will provide training opportunities for Adult and Dislocated Workers. The effective date of the funds is April 1, 2011 funds must be expended by June 30, 2011. The amendment also extends the term of this Agreement through August 15, 2011. The Human Services Department current negotiated DHHS indirect rate for 2010-11 is 16.1%. The total amount of this amendment is $100,000, and will be utilized for direct payment of training costs for job seekers and is not subject to indirect; therefore there will be $0 indirect costs. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. This Amendment does not impact any County General funds. All other terms and conditions of the original Intergovernmental Agreement and Amendments remain the same and in full force and effect. (C-22-09-141-3-02) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 23. AMENDMENT TO LEASE WITH GILBERT TOWN CENTER ASSOCIATES FOR EAST VALLEY WORKFORCE CONNECTIONS ONE STOP CAREER CENTER Approve and execute Amendment No. 2 to limited service Lease No. L-7329 with FREANEL & Son Gilbert, LLC. as follows: •Increase the office space by 5,600 square feet, for a total square footage of 23,500.This space will be utilized to provide comprehensive Workforce Investment Act activities at the East Valley Maricopa Workforce Connections One Stop Career Center, located at 735 N. Gilbert Road, Gilbert, AZ. •The term of the lease shall commence on June 1, 2011 and terminate May 31, 2016 as stated in Exhibit “C” of the Lease Agreement. Formal Meeting Minutes Wednesday, April 27, 2011 Page 13 of 42 •Adjust the annual rental schedule and cost per square foot as identified in Amendment #2. •Tenant improvements must be made to the additional 5,600 square feet as identified in Exhibit “B’ of the Lease Amendment #2 at a cost not to exceed $220,000. Improvements will be paid upon satisfactory project completion and receipt of a detailed invoice from Lessor. The tenant improvements will be paid from funds received by Maricopa County through an IGA (C-22-11-021-3) with Arizona Department of Economic Security (DES) (DE111009001) for Workforce Investment Act activities. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. This Amendment does not impact any County General Funds. (C-22-03-111-4-02) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Parks and Recreation 24. COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT Approve the Commercial Management Concessions Agreement between Maricopa County and W-4 Company, Inc in order to manage, operate and maintain a commercial food vending concession within the Maricopa County Regional Park System. Term of the Agreement is from the Effective Date, the date approved by the Board of Supervisors, through December 31, 2012 with ten (10) one (1)-year renewal options. Guaranteed revenue for Maricopa County Parks and Recreation Department (Department 300) (Fund 240) throughout the term of the Agreement is $150. (C-30-11-040-3-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox CHIEF FINANCIAL OFFICER Finance 25. <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 Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 26. ACKNOWLEDGEMENT, AGREEMENT AND ACCEPTANCE DOCUMENT FROM EJM DEVELOPMENT COMPANY Formal Meeting Minutes Wednesday, April 27, 2011 Page 14 of 42 Approve and authorize the Chairman to execute an acknowledgement, agreement and acceptance document from EJM Development Company, Reviewer, as required in the Covenants, Conditions and Restrictions for the Maricopa County-owned property at 2656 N. 37th Avenue in Phoenix. Execution of the subject document is required in accordance with the governing CC&R’s prior to Maricopa County’s installation of decomposed granite and steel edging at the Maricopa County-owned facility at 2656 N. 37th Avenue in Phoenix. (C-18-11-030-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox CHIEF PROCUREMENT OFFICER Materials Management 27. <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. 08005-RFP, RYAN WHITE PART A CONSULTING SERVICES 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 1, 2011 Serial: 08005-RFP Item: Ryan White Part A Consulting Services ($600,000.00 estimate/three years until June 30, 2014) Pricing agreement renewal for three-years for consulting services for the Ryan White Part A program. Collaborative Research Gay Family Foundation, LTD Intergroup Services JVGA TriYoung Business Solutions (C-73-11-107-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox b. 11044-SS, CONSULTING SERVICES Approve the following solicitation serial items. The action on the following items is Formal Meeting Minutes Wednesday, April 27, 2011 Page 15 of 42 subject to Legal Counsel's review and approval of the respective contracts and subsequent execution of contracts. Serial: 11044-SS Item: Consulting Services ($70,000.00 estimate/three years until April , 2014) Sole source contract with the National Institute Of Governmental Purchasing (NIGP). The purpose of the contract is to provide services to Maricopa County for an independent review of the Materials Management Department practices and procedures and to provide any necessary recommendations to improve those practices and procedures to ensure that we may meet best practices. The intent to enter into a Sole Source contract was advertised in the County newspaper of record on April 7, 2001 and April 14, 2011. National Institute of Governmental Purchasing (NIGP) (C-73-11-109-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox ASSISTANT COUNTY MANAGER - REGIONAL DEVELOPMENT SERVICES Air Quality Department 28. AGREEMENT WITH U.S. DEPARTMENT OF HOMELAND SECURITY Approve an Agreement between US Department of Homeland Security and Maricopa County through the Air Quality Department, in the not-to-exceed amount of $435,259. This Agreement is funded by a grant from US Department of Homeland Security, (2006-ST-091- 000003-06). The purpose of this Agreement is to continue funding for the sixth year of BioWatch program. This Agreement is effective from May 1, 2011 until April 30, 2012. Authorize the Air Quality Director or Deputy Director to sign all documents related to these grant funds. The grant allows a 14.2% rate for indirect costs, or up to $47,069 which may be incurred by the Air Quality Department or Maricopa County for the administration of this grant. The Maricopa County Department of Finance has calculated the Air Quality Department’s composite indirect cost rate at 14.2%, or $47,069. The award includes equipment expenses of $56,719 which are excluded from the indirect cost recovery. The recoverable indirect cost of administering this grant is $47,069; the non-recoverable indirect cost is $0. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. A budget adjustment is not required. (C-85-11-019-3-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Equipment Services 29. PURCHASE OF SURPLUS EQUIPMENT Formal Meeting Minutes Wednesday, April 27, 2011 Page 16 of 42 Approve the purchase and one time addition to the fleet 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. It will also help Equipment Services move one step closer towards certification as a “Green Shop.” The equipment value and sales price will be $3100. This item was continued from the March 30, 2011 and April 13, 2011 meetings. (C-74-11-006-V-00) The Clerk announced this item and Stadium District item S-1 are related and both require a unanimous vote of the Board. This item was continued. Public Health 30. GRANT CONTRACT FROM PHOENIX AFFILIATE OF SUSAN G. KOMEN BREAST CANCER FOUNDATION INC FOR THE WELL WOMAN HEALTHCHECK PROGRAM Approve Grant Contract from the Phoenix Affiliate of the Susan G. Komen Breast Cancer Foundation, Inc. d/b/a The Phoenix Affiliate of Susan G. Komen for the Cure to Maricopa County through its Department of Public Health to provide the Well Woman Healthcheck Program Cycle of Care Project. Grant funding is in the amount of $150,000 for budget term beginning April 1, 2011 through March 31, 2012. The Department of Public Health’s indirect rate is 17% for FY 2011-12. Total indirect costs are estimated at $25,500, all of which is unrecoverable. The total sum of the grant consists of sub-recipient pass-through funds not subject to indirect costs. Funding for this grant is provided by the Susan G. Komen Breast Cancer Foundation, Inc. d/b/a the Phoenix Affiliate of the Susan G. Komen for the Cure and will not affect the County general fund. (C-86-11-074-3-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 31. MEMORANDUM OF UNDERSTANDING WITH THE ARIZONA DEPARTMENT OF JUVENILE CORRECTIONS FOR TRANSITIONAL SUPPORT Approve a Memorandum of Understanding (MOU) between the Arizona Department of Juvenile Corrections (ADJC) and Maricopa County through its Department of Public Health (MCDPH) to provide Transitional Support to help reduce recidivisim for Youth on Parole and their Parents. The term of the MOU is upon full execution through June 30, 2012. (C-86-11- 075-3-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 32. AMENDMENT/MODIFICATION TO CONTRACT WITH NATIONAL HANSENS DISEASE PROGRAM Approve Amendment/Modification No. 0001 for Contract (HHSH258201000006C) between National Hansen’s Disease Program (NHDP) and Maricopa County through its Department of Public Health (MCDPH) for a grant award providing medical treatment of Hansen’s Formal Meeting Minutes Wednesday, April 27, 2011 Page 17 of 42 disease. The purpose of this Amendment is to exercise the option for the period April 1, 2011 through March 31, 2012; update Attachment A, Wage Determination; and the obligated amount is $38,509. All other terms and conditions remain in full force. The Department of Public Health indirect rate for FY 2010-2011 is 17%. Indirect costs are estimated at $5,595 and are fully recoverable. Funds for this amendment are provided by a grant from NHDP and do not affect the County’s general fund. (C-86-10-133-3-01) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 33. AMENDMENT TO CONTRACT WITH BANNER HEALTH D/B/A BANNER GOOD SAMARITAN MEDICAL CENTER FOR PUBLIC INFORMATION LINE Approve Amendment No. 1 to the Contract between Banner Health d/b/a Banner Good Samaritan Medical Center (BGSMC) and Maricopa County through its Department of Public Health, Office of Preparedness and Response (OPR) to extend the expiration date to June 30, 2012 and increase the contract by $134,000, for a new not-to-exceed amount of $268,000. All other terms and conditions of the original contract remain in full force and effect. (C-86-11-001-3-01) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 34. AGREEMENT FOR STRATEGIC NATIONAL STOCKPILE ASSETS WITH CENTRAL ARIZONA WATER CONSERVATION DISTRICT Approve the Agreement to Provide Strategic National Stockpile (SNS) Assets between Central Arizona Water Conservation District (CAWCD) and Maricopa County through its Department; Office of Preparedness Response (OPR), to collaborate with the CAWCD to provide SNS assets in the event of a public health emergency. The term of this non-financial agreement shall begin upon execution by both parties and shall be in effect until terminated by either party. The MCDPH, Office of Preparedness Response was previously known as the Maricopa County Department of Public Health's Emergency Management Program (PHEM). (C-86-11- 076-3-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 35. AMENDMENT TO CONTRACT WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR THE ARIZONA NUTRITION NETWORK – LOCAL INCENTIVE AWARD PROGRAM Approve Amendment No. 3 to Contract (HI050071) between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health to decrease funding for the Arizona Nutrition Network – Local Incentive Award program. This amendment is replacing the Price Sheet, Amendment Two (2) with a revised Price Sheet, Amendment Three (3) reducing the budget amount from $387,715 to $282,611, effective October 1, 2010 through September 30, 2011. This Amendment also includes additional administrative changes. All other provisions shall remain in their entirety. The Department of Public Health’s indirect rate for FY2010-11 is 17%. The total indirect expense is reduced Formal Meeting Minutes Wednesday, April 27, 2011 Page 18 of 42 from $57,745 to $41,063, which is fully recoverable. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this contract is provided by a grant from ADHS, and will not affect the County general fund. (C-86-10-044-3-03) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 36. AMENDMENT TO CONTRACT WITH THE ARIZONA PARTNERSHIP FOR IMMUNIZATION/ARIZONA ASSOCIATION OF COMMUNITY HEALTH CENTERS Approve Amendment No. 2 to the Contract with The Arizona Partnership for Immunization/Arizona Association of Community Health Centers (TAPI) for Community Immunization Education and Outreach Services to increase the funding by $30,000, to a not-to-exceed, amount of $650,500, for the budget period June 9, 2011 to June 8, 2012. This amendment also revises the scope of work. All other terms and condition of the original contract remain in full force and effect. This Contract is funded by a grant from Arizona Department of Health Services (AHDS) (HG754199) and does not affect the county general fund. (C-86-10-154-3-02) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 37. CONTRACT WITH ARIZONA PHARMACY ALLIANCE FOR PHARMACY TRAINING Approve the Contract between Maricopa County through the Department of Public Health and The Arizona Pharmacy Alliance (AzPHA) for Registered Pharmacists. This contract is in an amount not-to-exceed $375,000. The term of this contract is from March 1, 2011 through July 27, 2011. (C-86-11-077-3-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 38. AMENDMENT TO THE IGA WITH ARIZONA BOARD OF REGENTS BY AND THROUGH THE UNIVERSITY OF ARIZONA FOR EPIDEMIOLOGICAL LEARNING EXPERIENCE Approve Amendment No. 3 to the Intergovernmental Agreement (IGA) with Arizona Board of Regents by and through The University of Arizona (U of A) and Maricopa County through its Department of Public Health (MCDPH) to provide U of A public health and epidemiology students with experimental learning opportunities with MCDPH. Amendment No. 3 increases the funding by $290,952, for the new aggregate amount not-to-exceed $479,952. This amendment also revises the scope of work and extends the expiration date from July 31, 2011 to July 31, 2012. (C-86-09-017-3-03) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 39. PURCHASE ORDER WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR Formal Meeting Minutes Wednesday, April 27, 2011 Page 19 of 42 INFERTILITY PREVENTION PROJECT TESTING Approve Purchase Order No E1H38342 to the Intergovernmental Agreement (IGA) Contract No. HG052195 between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Laboratory Services to provide funding for the Infertility Prevention Project (IPP) STD Program. The Purchase Order is in the amount of $11,865 for the budget period January 1, 2011 through December 31, 2011. The contract term is January 1, 2010 through December 31, 2015. Authorization for purchase of services under this contract shall be made only upon ADHS issuance of a Purchase Order. The Department of Public Health’s indirect rate for FY2010-11 is 17%. Grant indirect expenses are fully recoverable and are estimated at $1,724. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funds for this IGA are provided by ADHS and do not affect the County’s general fund. (C-86-10-120-3-03) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 40. AMENDMENT TO IGA FROM ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HIV PREVENTION SERVICES Approve Amendment No. 4 to Intergovernmental Agreement (IGA) No. HG652198 between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health to provide grant funding for the HIV Prevention Services. This amendment is for the budget period from January 1, 2011 to December 31, 2011, and increases the budget by $268,299 for a not-to-exceed total of $914,107. The term is January 1, 2006 to December 31, 2011. This grant deviates from County policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect cost reimbursement. The Department of Public Health’s indirect rate for FY 2010-2011 is 17%. Total indirect expenses are estimated to be $141,271, of which $83,102 is recoverable and $58,169 is not recoverable. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funds for this IGA are provided by a grant from ADHS and does not affect the County’s general fund. (C-86-06-075-2-06) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox ASSISTANT COUNTY MANAGER - PUBLIC WORKS Public Works 41. TRADE-IN OF LARGE FORMAT PLOTTERS AND SCANNER Pursuant to the Maricopa County Procurement Code, MC1-803, D.3., approve to trade-in two large format plotters/printers and one large format scanner to Thomas Reprographics. Formal Meeting Minutes Wednesday, April 27, 2011 Page 20 of 42 The trade-in credit of $8,730 from Thomas Reprographics will be used to purchase the new models as the existing units are outdated and in need of replacement. The total purchase price of the equipment including the 2-year warranty and preventive maintenance is $53,809. With the trade-in credit of $8,730, the net cost to the County is $45,079 plus applicable taxes. Maricopa County Department of Transportation has two large format plotters (Serial Numbers: SG32H1400P and ESA9821945) and one large format scanner (Serial Number: DK34211009) that are used extensively by the Engineering and Transportation Planning staff in the production of roadway design, displays, graphs and exhibits used in public and in-house meetings and presentations. However, age and advances with related equipment and software have caused the existing equipment to become obsolete, inefficient, run slow, and prone to breakdown. The trade-in credit will be applied towards the purchase of two new plotters/printers and one scanner that meets the large format printing and plotting needs of the staff. (C-91-11-204-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 42. AMENDMENT TO IGA WITH FLOOD CONTROL DISTRICT FOR RIGGS ROAD BRIDGE AT SONOQUI WASH PROJECT Approve the first amendment to the Intergovernmental Agreement (IGA) between Maricopa County, acting through the Maricopa County Department of Transportation (County) and the Flood Control District of Maricopa County (District) for the Riggs Road Bridge at Sonoqui Wash project. The cost attributed to this amendment is not to exceed $200,000 for the County. Funds are budgeted in the Public Works (910) Transportation Capital Projects Fund (234) Bridge Preservation (BRIG) Project, Sub-Project T254, Riggs Road Bridge at Sonoqui Wash. The purpose of this amendment is to rescind the responsibilities of the District and the County for implementing 201st Street improvements, as established in the original agreement. This amendment will add responsibilities to the District and the County for implementing 203rd Place improvements and provide public access to Riggs Road compatible with future road improvements and enhanced traffic safety. Supervisor District No. 1. (C-91-11-042-M-01) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 43. AMENDMENT TO IGA WITH THE CITY OF GOODYEAR FOR IMPROVEMENTS TO MC85 FROM COTTON LANE TO ESTRELLA PARKWAY Approve the 2nd Amendment to the Intergovernmental Agreement (IGA) between Maricopa County (County), through the Maricopa County Department of Transportation (MCDOT), and the City of Goodyear (City) for roadway improvements to MC 85 from Cotton Lane to Estrella Parkway (Project), County Arterials (ARTS) Project Bin, Subproject T083. This 2nd Amendment shall become effective as of the date it is approved by the Board of Supervisors. This 2nd Amendment modifies the payment by the City of Goodyear as follows: “Reimburse the County for 40% of the total Project costs incurred by the County for Phase 1 Formal Meeting Minutes Wednesday, April 27, 2011 Page 21 of 42 of the Project, a total of $2,781,387, as follows: Within 30 days of receipt of an invoice from the County, reimburse the County for the City’s 40% share of the total Project costs incurred by the County through June 30, 2008, a total of $1,381,091; Within 30 days of receipt of an invoice from the County, after July 1, 2013, reimburse the County for the balance of the City’s 40% share of the total Project costs, that was incurred by the County for the period from July 1, 2008 through December 31, 2010, a total of $1,400,296.” Supervisory District No. 4 (C-64-07-106-2-02) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 44. AMENDMENT TO IGA WITH GILA RIVER INDIAN COMMUNITY FOR TRAFFIC SIGNAL OPERATION AND MAINTENANCE Approve Amendment No. 3 to the Intergovernmental Agreement (IGA) between Maricopa County, acting through the Maricopa County Department of Transportation (County) and the Gila River Indian Community (GRIC) for the operation and maintenance of several traffic signals that lie within GRIC. There is no direct cost to the County associated with this Amendment, however, the GRIC will annually remit payment to the County for all costs associated with the operation, maintenance and replacement of all associated equipment. The purpose of this Amendment is to reinstate the authorization for the County to operate and maintain the GRIC owned traffic signals for a term not longer than five (5) years unless both Parties agree to extend or terminate the Agreement. The County will be responsible to perform routine and emergency operation and maintenance of the identified traffic signals, as well as repair and replacement of damaged equipment, and will invoice the GRIC annually for all costs associated with this work. The GRIC will allow the County to properly operate and maintain these signals and will remit payment within thirty (30) days of receipt of the County’s invoice. Supervisory District No. 5 (C-64-04-031-2-03) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 45. CONTRACT WITH BRIGNALL CONSTRUCTION FOR PHASE II B CONSTRUCTION SERVICES FOR THE COMBINED ASSESSOR'S RELOCATIONS Approve a Contract between Brignall Construction and Maricopa County through the Facilities Management Department, in the not-to-exceed amount of $986,990. The purpose of this Contract is to provide construction services for tenant improvements at the County Administration Building for the Assessor's Combined Relocations project. This Contract is effective from April 13, 2011 until July 31, 2011. Phase I A - pre-construction services for the Santa Fe Freight Depot - $19,638 Phase II A - construction services for the Santa Fe Freight Depot - $1,998,506 (C-91-11- 041-5-00) CO #1 - $32,821 - add to scope of work for OET required cable trays, conduit, receptacles and outlets Formal Meeting Minutes Wednesday, April 27, 2011 Page 22 of 42 Phase I B - pre-construction services for the County Administration Building - $15,048 Phase II B - construction services for the County Administration Building - $986,990 (C-91- 11-201-5-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox BOARD OF SUPERVISORS Clerk of the Board 46. APPOINTMENT TO THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL BOARDS Pursuant to A.R.S. § 38-847 and § 38-893, accept the resignation of Tom Morrissey and approve the appointment of Randy Pico as a citizen member to the following local boards: • Corrections Officer Retirement Plan Local Board • County Attorney Investigator’s Public Safety Personnel Retirement System Local Board • Sheriff’s Office Public Safety Personnel Retirement System Local Board The term of the appointment will be effective as of the date of Board approval through December 31, 2013. Mr. Pico was elected Chairman of the Merit System Commission on April 6, 2011. (C-06-11- 414-9-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 47. REAPPOINTMENT TO THE AIR POLLUTION HEARING BOARD Approve the reappointment of Gary Van Hofwegen to the Air Pollution Hearing Board as nominated by Supervisorial District 5. The term of the appointment will be effective as of the date of Board approval through August 23, 2012. (C-06-11-423-9-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 48. APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Approve the appointment of Carlos Elviria to the Community Development Advisory Committee representing Supervisorial District 5. The term of the appointment will be effective as of the date of Board approval through June 30, 2011. (C-06-11-424-9-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Formal Meeting Minutes Wednesday, April 27, 2011 Page 23 of 42 SETTING OF HEARINGS ~All hearings will be held at 9:00 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ Planning and Development 49. ZONING CASES Schedule Planning and Development public hearings on zoning cases and other matters for the May 11, 2011 meeting. (List is on file with the Clerk of the Board's office.) (C-44-11-087- M-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Public Works 50. Set a public hearing to declare the following roads into the county highway system for 9:00 am, Wednesday, May 25, 2011. a ROAD FILE NO. A453 Road File No. A-453, said alignment is also known as Elliot Road from 1,041 feet West of Sossaman Road to 1,086 feet East of Sossaman Road and Sossaman Road from 1850 feet South of Elliot Road to 1852 feet North of Elliot Road, lying within Supervisor District No. 2. (C-91-11-203-M-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox CONSENT AGENDA Clerk of the Board 51. APPOINTMENTS Approve the Official Appointments of Christopher Johnson as Deputy Recorder. (C-06-11- 427-7-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 52. CANVASS OF ELECTIONS Pursuant to A.R.S. §16-642(B), accept the canvasses of elections submitted by special districts as on file in the Clerk of the Board’s Office. (C-06-11-428-7-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Formal Meeting Minutes Wednesday, April 27, 2011 Page 24 of 42 53. CHECK ENFORCEMENT FUND QUARTERLY REPORT In accordance with A.R.S. §13-1811(F) County Bad Check Trust Fund, receive the quarterly financial report from the County Attorney of all revenues and expenditures from the Check Enforcement Fund for the periods of January 2011 through March 2011. Report is on file in the Clerk of the Board’s Office. (C-06-11-429-7-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 54. 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-06-11-430-7-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 55. MARKET RANGES Pursuant to A.R.S §§11-251.38 and 251.51, approve the addition and/or replacement of Market Ranges to the authorized comprehensive listing of employee compensation Market Ranges previously approved by the Board of Supervisors. List of additional and/or replacement market ranges are on file in the Clerk of the Board’s office. (C-06-11-436-7-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 56. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held February 9, 2011, February 22, 2011, March 14, 2011, March 16, 2011, March 28, 2011. (C-06-11-433-7-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 57. 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-06-11-431-7-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Formal Meeting Minutes Wednesday, April 27, 2011 Page 25 of 42 58. 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-06-11-432-7-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 59. SETTLEMENT OF PROPERTY TAX CASES Pursuant to A.R.S. §§42-16201 through 16215, approve the settlement of tax cases dated April 27, 2011. List is on file in the Clerk of the Board’s Office. (C-06-11-439-7-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 60. TAX ABATEMENTS Approve requests for tax abatements from the Treasurer’s Office pursuant to A.R.S. 42- 18353. List is on file in the Clerk of the Board’s Office. (C-43-11-030-M-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox BOARD OF SUPERVISORS ADDENDUM Clerk of the Board A-1. GENERAL RESOLUTION CONCERNING PREVIOUSLY ADOPTED ROAD FILE RESOLUTIONS Approve the General Resolution concerning previously adopted Road File Resolutions and direct and authorize the County Attorney to initiate and prosecute actions and proceedings in the manner required by law to condemn all property required for right-of-way which cannot be obtained by donation or purchase. This authority was previously authorized through the General Litigation Counsel and has now has been returned to the Maricopa County Attorney. (C-06-11-440-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Correctional Health A-2. AGREEMENT WITH DIAMOND PHARMACY FOR SAPPHIRE EMAR SOFTWARE Formal Meeting Minutes Wednesday, April 27, 2011 Page 26 of 42 Approve an Agreement between Diamond Drugs, Inc, dba Diamond Pharmacy Services and Maricopa County through the Department of Correctional Health Services, for the purpose of providing SAPPHIRE eMARE software at no charge as long as Diamond Drugs, Inc. has a primary pharmacy services agreement with the County. This Agreement is non-financial and is effective from April 27, 2011 until March 31, 2012. (C-26-11-009-3-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox A-3. RELEASE OF CLAIMS AGREEMENT Approve the Release of Claims agreement with Zoran Vukcevic (C-26-11-010-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox County Attorney A-4. COUNTY ATTORNEY CIVIL DIVISION BUDGET ADJUSTMENT – TAX APPEALS Pursuant to A.R.S. § 42-17106(B), transfer FY 2010-11 expenditure appropriation of $253,103 from the Non-Departmental (470) General Fund (100) Non-Recurring/Non-Project (0001) line to County Attorney Civil (280) General Fund (100) Non-Recurring/Non-Project (0001). This action will allow the County Attorney to establish and fill 16.5 FTE contract positions to handle the existing and projected inventory of tax appeal cases during the months of May and June 2011. The annualized budgetary impact is estimated to be $1,518,618. This action results in a net impact of zero to the total County General Fund budget. Within the appropriated budget for Non-Departmental, the amount to be transferred will be deducted from “Unreserved Contingency.” This measure is brought forth after a thorough analysis of the tax appeal caseload demands on the County Attorney Civil Division indicates that an on-going short-term staffing increase is required. This funding will be used to establish eight-and-one-half (8.5) full-time contract attorney positions, seven (7) contract paralegal positions, and one (1) contract financial business analyst position. In addition, the funding will cover necessary and customary supplies. (C-19-11-057-2-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Treasurer A-5. AMENDMENT TO DISTRICTS REVOLVING LINE OF CREDIT - BUSINESS LOAN AGREEMENT Approve Amendment No. 3 to the Business Loan Agreement (Districts Revolving Line of Credit) with Bank of America, N.A. (C-43-06-002-1-00) and Maricopa County. The purpose of this amendment is to amend the maximum aggregate amount under the line from its current $100,000,000 level to $165,000,000 from April 4, 2011 to June 30, 2011. All other terms and conditions of the Agreement remain in full force and effect. (C-43-06-002-1-05) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Formal Meeting Minutes Wednesday, April 27, 2011 Page 27 of 42 Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Public Works A-6. CHANGE ORDER TO CONTRACT WITH CACTUS ASPHALT FOR ADDITIONAL FUNDS AND EXTENSION Approve Change Order No. 4 to Contract No. 2007-024 with Cactus Asphalt, in the amount of $2,000,000 for a revised total contract amount of $6,000,000. The purpose of this Change Order is to increase the contract amount by an additional $2,000,000 and a time extension of 730 days for Chip Seal Services through April 23, 2013. This Job Order Contract was awarded for $3,000,000 for a period of one (1) year from the Board award date. In accordance with Maricopa County Procurement Code MC1-504.G, a JOC can be awarded for $3,000,000 per year up to five years for a total sum amount of $15,000,000. This amendment requests an increase of $2,000,000 to the contract for a total revised not to exceed amount of $6,000,000 and a time extension of 730 days. Job Order Contracting is authorized by Article 5 of the Procurement Code to enable the County to expediently complete smaller construction projects using pre-qualified contractors with structured pricing basis. The Maricopa County Department of Transportation (MCDOT) develops the scope of work and approves the contractor’s cost proposal prior to the contractor starting work on a specific job order project. Supervisor Districts: All (C-91-11- 205-5-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, 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. CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS 61. 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.) Raquel Teran, resident and cofounder of the Maricopa Citizens for Safety & Accountability commented that their group is concerned with the fiscal accountability and public safety issues related to the Maricopa County Sheriff’s Office. She referenced previous meetings the group had attended along with recent events regarding Formal Meeting Minutes Wednesday, April 27, 2011 Page 28 of 42 misspending and personnel issues in the Sheriff’s Office. Ms. Teran stated that as a group they are requesting the Board hold a hearing on the alleged misspent money on behalf of the citizens of Maricopa County. Paul Castenada, resident, commented that the report of Sheriff Arpaio’s alleged misspending $100 million should really be called illegal spending. He commented that it was not used for the intent the voters approved it for, which was for the jail funds and jail improvements, but instead it was used to send Deputy Hendershott to vacation in Nicaragua. As a member of the Maricopa Citizens for Safety & Accountability, he asked the Board to hold a hearing to look more in depth at the misspending. He feels the citizens of Maricopa County have a right to know how the money was spent. William Schnebly, resident, commented that it is a problem Deputy Hendershott is being paid even though he has been fired from the Maricopa County Sheriff’s Office and he feels that before attorney’s fees are paid to defend him, the report of the allegations against Deputy Hendershott needs to be released so the citizens of Maricopa County know how the alleged $100 million was spent. Mr. Schnebly also asked for a public meeting regarding the misspent money. Lilia Alvarez, resident, and 2nd year law student, requested that the Board place the issue of misspending on the agenda for the May 11 meeting so the citizens of Maricopa County might have an opportunity to ask questions. Ms. Alvarez commented that she feels this is a reasonable request as this is not a small amount of taxpayer money that Sheriff Arpaio has allegedly misspent. Mercedes Mercado, resident, stated she has been protesting in front of Wells Fargo Bank for three years for the removal of Sheriff Arpaio from that location. She feels a lot of taxpayer money is being spent to lease the space. She also commented on the procurement of the MCSO bus. Guillermina Pichardo, resident and naturalized citizen of the United States, commented that she and her husband own their home and pay County taxes. She stated it had been a few years since she had the opportunity to address her concerns to the Board about the abuses of power within the Maricopa County Sheriff’s Office. She alleged that Sheriff Arpaio has illegally used public money to humiliate, accost, terrorize, and violate the rights of the Hispanic community. Ms. Pichardo stated that the Board has a responsibility to the citizens who pay taxes which finance the County and instead of allowing more years of abuse and corruption by the Sheriff’s Office, she asked the Board commit to working together with the citizens of Maricopa County to make the government more transparent, responsible, and fair. (Ms. Pichardo spoke Spanish. Her comments were translated by interpreter, Hector Tirado.) Monica Sandshafer, resident, stated she has been attending Board meetings for three years to discuss her views on many topics related to the Maricopa County Sheriff’s Office. She stated she is glad that the Board authorized the recent investigation into the Sheriff’s Office alleged misspending, and feels it is a great first step. She continued by also stating that she is outraged the Sheriff’s Office was allowed to use public money “any way that they wanted” when other public programs and departments such as parks and animal shelters have had to suffer during current economic hardships. She stated that the use of the word misspending is inadequate. She also asked for a public hearing on this matter. Chad Snow, resident, and member of the Maricopa Citizens for Safety and Formal Meeting Minutes Wednesday, April 27, 2011 Page 29 of 42 Accountability (MCSA) suggested that the misspent money was used to harass citizens, Board members, and journalists. Mr. Snow also referenced liability costs related to the Sheriff’s Office. Mr. Snow advised that MCSA is requesting Sheriff Arpaio, as the elected official of Maricopa County; hold a hearing to answer the concerns of the citizens about his fiscal mismanagement and the mismanagement of his office which was apparent with the recent firing of his two most trusted aides. Dana Kennedy, resident, stated the group was before the Board to give them the courage to “do the right thing” and place the issue of the Maricopa County Sheriff’s Office alleged misspending $100 million on the May 11 agenda, so citizens are allowed an opportunity to ask questions about how the money was spent and suggested there are services that could have benefited from the misspent money, like seniors who need deliveries to their home. Jason Odner was called to speak and was not present. Randy Parraz, resident, provided a written request to the Board and Maricopa County Manager, on behalf of the Maricopa Citizens for Safety and Accountability (MCSA) requesting that they place the issue of the Maricopa County Sheriff’s Office allegedly misspending $100 million on the May 11 agenda. Mr. Parraz stated he understands the Board cannot force Sheriff Arpaio to attend, but encouraged them to ask. He also suggested that it only takes three votes or Chairman Kunasek also holds the authority to place the item on the agenda. Mr. Parraz commented that the issue of the alleged misspent money is not going to go away and he feels adding the item to the May 11 agenda is a reasonable request, and that the group would like the opportunity to talk about the issues at that time. Doelores Mejia, descendent of the First Nation Ancestry, representing capital coalition, demanded that Sheriff Arpaio be immediately fired, arrested and charged with assault for the suffering endured by inmates in his jails and tent city, and also charged with murder for those who have died in his jails. She further demanded that Sheriff Arpaio be charged and prosecuted with the RICO Act for fraud and embezzlement of jail enhancement funds. Ms. Mejia said, “we must not allow Sheriff Arpaio to enforce the laws that he continues to disobey.” She suggested that federal marshal law take over if city, county and state law does not take action, and she called for a continued boycott of Arizona until this matter is resolved. 62. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Supervisor Wilson thanked the participants of today’s Board meeting for their attendance and willingness to speak, even though it can be a difficult thing to do. Supervisor Stapley also thanked those who came to the Board meeting and stated that he appreciates their input. He advised that the Board is working very hard for the citizens of Maricopa County to address their concerns. Supervisor Brock explained that Board Members cannot respond to comments made during this agenda item. Formal Meeting Minutes Wednesday, April 27, 2011 Page 30 of 42 ***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 Board meeting. All Board Members, as listed above, remained in session. 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 CONSENT AGENDA 1. PLAN OF DEVELOPMENT - Z2008053 - KNIGHT TRANSPORTATION Case Z2008053 Number: Supervisorial 5 District: Applicant: DPA Architects for Knight Transportation Location: Approx. 0.21 miles south of 55th Ave. and Buckeye Rd. (in the Phoenix area) Request: Major Amendment to a Plan of Development in the IND-2 zoning district (approx. 40.65 acres) Commission By a vote of 7-0, recommended approval with stipulations “a” – “r” :a. Development of Action: the site shall comply with the Zoning Exhibit entitled, “Plan of Development South Data Center T.I. Knight Transportation”, consisting of four (4) full size sheets, dated revised December 8, 2010, and stamped received March 10, 2011, except as modified by the following stipulations. b. Development of the site shall be in conformance with the Narrative Report entitled, “Plan of Development South Data Center T.I. Knight Transportation”, consisting of five (5) pages, dated revised December 8, 2010, and stamped received December 9, 2010, except as modified by the following stipulations. c. The applicant shall combine parcels 104-26-002E, 002T, 002S, and a portion of 002X within six (6) months of the approval of the Plan of Development. Documentation showing proof of combining parcels will be provided by the applicant to Planning and Development for compliance with stipulation. d. The following Maricopa County Department of Transportation stipulation shall apply: • Provide a total half-width of 40’ of right-of-way on 55th Avenue from Mohave Street to north boundary. e. The following Drainage Review stipulations shall apply: • All development and engineering design shall be in conformance with the Drainage Regulation, and current engineering policies, standards and best practices at the time of application for construction. • Drainage review of planning and/or zoning cases if for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with the Drainage Regulations, and design policies and standards. f. The following Flood Control District (FCD) stipulations shall apply: • All new block fencing within the Zone AH floodplain is to have every other block (8” x 16”) placed on its side at grade level. No decorative blocks are allowed. • As part of the building permit process, a Floodplain Use Permit will be required. • All dirt excavated for the retention basins shall not be placed in the Zone AH floodplain. g. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects.h. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way.i. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. j. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. k. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of zoning clearance, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in Formal Meeting Minutes Wednesday, April 27, 2011 Page 31 of 42 accordance with their requirements.l. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire Department servicing the site.m. The applicant or his successor shall obtain approval of any development plans from the Office of the Arizona State Fire Marshal, or applicable Fire District with jurisdiction over the property, prior to any construction.n. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. o. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning).p. 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 as set forth in the Maricopa County Zoning Ordinance.q. 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.r. Major changes to the Knight Transportation Plan of Development will be processed as a revised application with review and approval by Planning and Development. Any modifications to the project which include a request to rezone the IND-2 Plan of Development to include an Industrial Unit Plan of Development (IUPD) will require approval by the Board of Supervisors upon recommendation of the Commission. Minor changes to the Plan of Development for Knight Transportation may be administratively approved by the Planning and Development. (C-44-11-086-7-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 2. FINAL PLAT - S2011002 - FRYS NO. 122 Case Number: S2011002 Supervisorial 4 District: Applicant: Bauer Land Surveying LLC on behalf of Smith's Food & Drug Centers Inc. for Frys Food & Drug Store Location: Bounded on the west by 107th Ave., on the east by Kings Center and Sun City Unit One Tract 4, on the south by Oakmont Dr. and on the north by Grand Ave. (in the Sun City area) Request: Final Plat for one (1) lot (approx. 7.67 acres) Commission N/A Action: (C-44-11-084-7-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox REGULAR AGENDA 3. TEXT AMENDMENT - TA2010002 - CHARTER SCHOOLS Formal Meeting Minutes Wednesday, April 27, 2011 Page 32 of 42 Case Number: TA2011002 Supervisorial All Districts District: Applicant: Staff-initiated Location: Countywide Request: Text Amendment to the Maricopa County Zoning Ordinance regarding Charter Schools (housekeeping) Commission By a unanimous vote of 8-0, initiated and recommended approval. Action: (C-44-11-083-7-00) Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox 4. SPECIAL USE PERMIT - Z2010105 - AT&T X487-BB Case Z2010105 Number: Supervisorial 3 District: Applicant: Westower Communications for AT&T and Connie and Charles Humme Location: Southwest of Planada Ln. and 85th Ave. (in the Peoria area) Request: Special Use Permit (SUP) for a Wireless Communication Facility in the Rural-43 zoning district and Wireless Communication Facility Use District 1 (approx. 0.023 acres) Commission By a unanimous vote of 8-0, recommended approval with stipulations “a” – “r” :a. Action: Development of the site shall comply with the Zoning Exhibit entitled “AT&T X487-BB”, consisting of six (6) full-size sheets, dated February 9, 2011, and stamped received March 7, 2011, except as modified by the following stipulations. b. Development of the site shall be in conformance with the Narrative Report entitled “Narrative Report Case 2010105”, consisting of five (5) pages, dated and stamped received February 8, 2011, except as modified by the following stipulations.c. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. d. Prior to zoning clearance, documentation shall be provided showing the access easement to the site. e. The following Drainage Review stipulations shall apply: 1. All development and engineering design shall be in conformance with the Drainage Regulation and current engineering policies, standards and best practices at the time of application for construction. 2. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with the Drainage Regulations and design policies and standards. 3. All outstanding issues noted in the latest review memo shall be addressed prior to issuance of any construction permit.f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.g. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations.h. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the applicable fire department or District. Prior to issuance of zoning clearance, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements.i. The applicant or his successor shall obtain approval of any development plans from the Office of the Arizona State Fire Marshal, or any applicable Fire District with jurisdiction over the property, prior to any construction. j. Development of the site shall be in conformance with all Federal and State requirements, including but not limited to, Federal Communications Commission (FCC), Federal Aviation Administration (FAA), National Environmental Formal Meeting Minutes Wednesday, April 27, 2011 Page 33 of 42 Policy Act (NEPA), and State Historical Preservation Office (SHPO). The applicant shall be responsible for obtaining all necessary approvals prior to construction, and shall be accountable to those agency requirements, and penalties. k. The maximum height of the Wireless Communication Facility shall be limited to 72’.l. The wireless communication tower stealthed as a mono-palm, shall be maintained to retain the stealth properties intended by the design. Any damaged or missing fronds or branches shall be replaced within 60 days of such damage occurring. m. This Special Use Permit shall expire twenty (20) years from the date of approval by the Board of Supervisors, or upon expiration of the lease to the applicant, or upon termination of the use, whichever occurs first. All of the site improvements associated with Z2010105 shall be removed within 60 days of such termination or expiration.n. The applicant shall submit a written report outlining the status of the development at the end of five (5) years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved stipulations.o. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. p. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning).q. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance.r. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval is temporary and allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions and stipulations. In the event of the failure to comply with any condition or stipulation, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions or stipulations, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-11- 085-7-00) Motion to continue to May 11, 2011, by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ___________________________________ Andrew Kunasek, Chairman of the Board ATTEST: Formal Meeting Minutes Wednesday, April 27, 2011 Page 34 of 42 ____________________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, April 27, 2011 Page 35 of 42 IMPROVEMENT DISTRICT AGENDA The Board of Directors of the Improvement District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, April 27, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; and Max Wilson, District 4. Absent: Andrew Kunasek, Chairman, District 3; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Debra Love, Minutes Coordinator; David Smith, County Manager; and Paul Golab, Legal Counsel. I-1. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Improvement District meetings held December 1, 2010, January 12, 2011. (C-06-11-333-7-00) Motion to approve by Director Wilson, seconded by Director Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox I-2. DISSOLUTION OF K107 31ST AVENUE IMPROVEMENT DISTRICT Adopt a resolution dissolving K107 31st Avenue Improvement District (District 3) in accordance with A.R.S. 48-959. All obligations of this improvement district have been paid in full. The district is located in the vicinity of 31st Avenue and ½ mile north of Cloud Road. The 31st Avenue alignment was and is private and shall remain a private roadway. (C-91-11- 170-7-00) Motion to approve by Director Wilson, seconded by Director Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, 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 FLOOD CONTROL DISTRICT AGENDA Formal Meeting Minutes Wednesday, April 27, 2011 Page 36 of 42 The Board of Directors of the Flood Control District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, April 27, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; and Max Wilson, District 4. Absent: Andrew Kunasek, Chairman, District 3; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Debra Love, Minutes Coordinator; David Smith, County Manager; and Paul Golab, Legal Counsel. F-1. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements and right-of-way acquisition documents, appraisal and relocation assistance services contracts under $5,000 per Resolution FCD 87-12; Escrow Instructions per Resolution FCD 87-13; Payment of Tax Notices per Resolution FCD 97-07; License Procedures and Fee Schedules per Resolution FCD2002R002; and disposal of easements, excess real property and fixtures under $250,000 documents per FCD 1999R016 for Flood Control purposes. The list is on file in the Clerk of the Board’s Office. (C-06-11-438-7-00) Motion to approve by Director Wilson, seconded by Director Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox F-2. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meetings held February 9, 2011, March 16, 2011, . (C-06-11-434-7-00) Motion to approve by Director Wilson, seconded by Director Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox F-3. AMENDMENT TO IGA WITH MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR THE RIGGS ROAD BRIDGE AT SONOQUI WASH Approve Intergovernmental Agreement (IGA) Amendment No. 1 FCD 2010A004A for the RIGGS ROAD BRIDGE AT SONOQUI WASH PROJECT (Project [#480]) between the Flood Control District of Maricopa County (District) and the Maricopa County Department of Transportation(MCDOT). IGA 2010A004A shall become effective when executed by both parties and recorded by the Maricopa County Recorder, and shall expire ten years from the date of Recording by the County Recorder, or upon completion of the Project, whichever occurs first. IGA FCD 2010A004 provides for the rights-of-way acquisition, Design, Utility Relocations, Construction, Construction Management, and Operation and Maintenance of the Riggs Road Bridge at Sonoqui Wash. The proposed IGA Amendment FCD 2010A004A, being concurrently presented to the Board of Supervisors (C-911-11-042-M-01) for approval provides for a revision to the terms of the agreement replacing 201st Street with 203rd Place to provide a replacement public access to Riggs Road compatible with future road improvements and enhanced traffic safety. The amendment establishes cost-sharing terms for the 203rd Place culvert crossing the Sonoqui Wash Channel. This Agenda Item impacts Supervisor District 1. (C-69-11-013-3-01) Motion to approve by Director Wilson, seconded by Director Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Formal Meeting Minutes Wednesday, April 27, 2011 Page 37 of 42 F-4. RESOLUTION FOR MARTIN ACRES DRAINAGE IMPROVMENTS Adopt Resolution FCD 2011R003 for the Martin Acres Drainage Improvements, (Project [#344]) authorizing the Chief Engineer and General Manager of the Flood Control District of Maricopa County (District) to advertise, select, negotiate, and award contracts for Project engineering and construction services; negotiate Project Intergovernmental Agreements; acquire Project rights-of-way; and include Project funding in the District’s Five-Year Capital Improvement Program. The District completed the Wittmann Area Drainage Master Plan (ADMP) in 2009, which identified flooding hazards in the Wittmann ADMP study area and recommended solutions, including the Project, to mitigate those hazards. Conceptual plans for the Project include detention/diversion and conveyance facilities, subject to revision during the engineering process. The Project’s conceptual cost estimate is $5.7 million, and project implementation is expected to occur over a 3 to 5 year period. The District anticipates entering into agreements with the City of Surprise for the Project. This Agenda Item impacts Supervisor District 4. (C-69-11-056-6-00) Motion to approve by Director Wilson, seconded by Director Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox F-5. RESOLUTION AMENDMENT FOR SMALL PROJECT ASSISTANCE PROGRAM Adopt Resolution Amendment No.1 FCD 2009R003A for the Small Project Assistance Program (Program [#699]), extending the formerly-trial Program indefinitely, removing the specified $2,000,000 per fiscal year annual aggregate funding cap for the Program, and directing the Chief Engineer and General Manager of the District to submit annual aggregate Program funding under the budgeting process for Board review and approval. The District developed the Program to provide financial assistance to the municipalities of Maricopa County in implementing local flood hazard mitigation capital projects. On May 6, 2009, the Board adopted resolution FCD 2009R003 (C-69-09-062-6-00), authorizing the District to proceed with the Program on a two-year trial basis. During the Program’s two- year trial period, the District entered seventeen partnerships with municipalities in Maricopa County for implementation of local projects to reduce flooding where flooding of property has historically been realized, affirming its potential flood control benefits. Under original resolution guidance that will remain in effect following this Amendment, the Chief Engineer and General Manager of the District was authorized and directed to negotiate and prepare intergovernmental agreements with individual municipalities of Maricopa County, as necessary, and in accordance with the requirements of the Small Project Assistance Program, for the coordination and cost sharing of construction of projects submitted to the Program, in order of objective score, based on funding availability, limiting District contributions to seventy-five percent (75%) of project construction costs, not to exceed $250,000 per project, subject to the ratification and approval of the Board. Further, the Chief Engineer and General Manager of the District was authorized and directed to review and update the scoring criteria, scoring matrix and administrative requirements of the Program as necessary. This Agenda Item impacts all supervisorial districts. (C-69-09-062-6-01) Motion to approve by Director Wilson, seconded by Director Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox Formal Meeting Minutes Wednesday, April 27, 2011 Page 38 of 42 F-6. ADJUSTMENT TO FY 2010-11 CAPITAL IMPROVEMENT PROGRAM BUDGET Approve the following adjustments to the Flood Control District of Maricopa County (District) (690) FY 2011-2015 Five-Year Capital Improvement Program (CIP), which result in a net change of $0: Decrease Flood Control Capital Projects Fund (990) Year 1 (FY 2010-11) project expenditure budgets as follows: Project F043 – Town of Queen Creek by $88,000 Project F108 – Sossaman Road Channel by $4,000 Project F207 – Buckeye FRS No.1 by $135,000 Project F350 – Cave Buttes Dam by $29,000 Project F470 – White Tanks ADMP by $811,000 Project F491 – Higley ADMP by $5,000 Project F565 – Durango ADMP by $684,000 Project F625 – Metro ADMP by $263,000 Project F698 – Maintenance Road Paving Program by $266,000 Project F699 – Small Project Assistance Program by $243,000 Project F700 – Floodprone Properties Assistance Program by $765,000 FCPR – Flood Control Project Reserve by $845,000 Increase Flood Control Capital Projects Fund (990) Year 1 (FY 2010-11) project expenditure budgets as follows: Project F027 – City of Scottsdale by $21,000 Project F109 – Agua Fria River by $20,000 Project F117 – South Phoenix Drainage Improvements by $63,000 Project F118 – Arizona Canal Diversion Channel by $88,000 Project F121 – East Maricopa Floodway by $10,000 Project F126 – Salt/Gila River by $30,000 Project F201 – White Tanks FRS No.4 by $189,000 Project F202 – McMicken Dam by $50,000 Project F211 – Buckeye/Sun Valley ADMP by $63,000 Project F265 – Granite Reef Wash by $40,000 Project F310 – Powerline FRS by $167,000 Project F330 – Harquahala FRS by $40,000 Project F331 – Saddleback FRS by $38,000 Project F343 – Wickenburg ADMP by $20,000 Project F344 – Wittmann ADMP by $80,000 Project F370 – New River Dam by $70,000 Project F420 – Spook Hill ADMP by $137,000 Project F442 – East Mesa ADMP by $59,000 Project F450 – Glendale / Peoria ADMP by $685,000 Project F480 – Queen Creek ADMP by $1,954,000 Project F620 – Maryvale ADMP by $314,000 This Agenda Item impacts all Supervisorial Districts. (C-69-11-057-2-00) Motion to approve by Director Wilson, seconded by Director Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox F-7. CHANGE ORDER WITH SKANSKA USA CIVIL WEST ROCKY MT. DIST, INC. FOR Formal Meeting Minutes Wednesday, April 27, 2011 Page 39 of 42 WHITE TANKS FRS NO. 3 FLOOD RETARDING STRUCTURE REHABILITATION PROJECT PHASE 2 Approve Change Order No. 6 with Skanska USA Civil West Rocky Mt. Dist, Inc. (2008C031 in the amount of $178,111.58 for a revised total contract amount of $8,840,947.52. The purpose of this Change Order is to Change Order #6 addresses several issues. A-slope erosion repairs. B- repairs to smaller slope erosion that resulted from weather. C- adding riprap at the spillway training dikes. D-track walking the embankment side slopes to prepare for hydroseed and rock mulch. On October 07, 2009, (Agenda C-69-10-020-5-00), the Board authorized the District to issue an Invitation for Bids (IFB) and award a contract to the lowest responsible bidder. Change Order No. 6 (CO) contains four issues that affect rehabilitation of the FRS embankments: CO6-A, in the amount of $ 75,839.14, is required to repair rainstorm erosion damage done to the existing embankments before the Project contract was awarded. The Engineer of Record prepared several sketches to detail the scope of the repairs required. CO6-B, in the amount of $ 6,962.33, is intended to address repairing numerous oversize rain-caused erosion rills on the downstream slope of the existing embankment fill. The Contractor was advised in the field to fill and compact the existing rills prior to finish grade activities. CO6-C, in the amount of $40,610.50, is necessary to increase the depth of the spillway apron and training dike riprap per directions furnished by the Engineer of Record. CO6-D, in the amount of $ 54,699.61, was instituted to enhance the surface preparation of the embankment slopes for the subsequent application of hydroseeding and colored rock mulch. The project is located in District 4. (C-69-11-058-5-00) Motion to approve by Director Wilson, seconded by Director Stapley Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ___________________________________ Andrew Kunasek, Chairman of the Board ATTEST: ____________________________________ Fran McCarroll, Clerk of the Board LIBRARY DISTRICT AGENDA The Board of Directors of the Library District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, April 27, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; and Max Wilson, District 4. Absent: Andrew Kunasek, Chairman, District 3; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Debra Love, Minutes Coordinator; David Smith, County Manager; and Paul Golab, Legal Counsel. Formal Meeting Minutes Wednesday, April 27, 2011 Page 40 of 42 L-1. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Library District meetings held February 9, 2011, March 16, 2011. (C-06-11-435-7-00) Motion to approve by Director Stapley, seconded by Director Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox L-2. 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. This item was continued from the April 13, 2011 meeting. (C-65-11-015-M-00) Motion to approve by Director Stapley, seconded by Director Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, 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 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 27, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; and Max Wilson, District 4. Absent: Andrew Kunasek, Chairman, District 3; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Official Record Keeper; Debra Love, Minutes Coordinator; David Smith, County Manager; and Paul Golab, Legal Counsel. S-1. SALE OF SURPLUS EQUIPMENT Formal Meeting Minutes Wednesday, April 27, 2011 Page 41 of 42 Approve the sale, transfer, and one time addition to the fleet 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. It will also help Equipment Services move one step closer towards certification as a “Green Shop.” The equipment value and sales price will be $3100. This item was continued from the March 30, 2011 and April 13, 2011 meetings. THIS ITEM REQUIRES UNANIMOUS CONSENT OF THE BOARD. (C-74-11-006-V-00) The Clerk of the Board, Fran McCarroll, announced that this item will be continued for lack of a full complement of Board Members necessary for a required unanimous, roll call vote. S-2. BALLPARK SOD AGREEMENT WITH WEST COAST TURF Approve the “Ballpark Sod Agreement” between West Coast Turf, Inc., AZPB Limited Partnership, AZPB REM Limited Partnership, AZPB FM Limited Partnership, Arizona Diamondbacks Foundation, Inc., the Maricopa County Stadium District, and Select Artists Associates, LLC . The agreement grants certain advertising and other rights to West Coast Turf in exchange for West Coast Turf providing annual turf replacement at Chase Field and other services at the rates specified in the agreement. West Coast Turf will also supply and install, at the cost specified in the agreement, up to 10 Diamondbacks Youth Fields over the term of the agreement. The agreement is effective from February 7, 2011 to November 30, 2014. This agreement replaces a prior agreement with West Coast Turf, the “Advertising and Promotion Agreement” (C-68-07-006-1) addressing the same services, which was effective February 1, 2006 through November 30, 2010. Under the Facility Management Agreement, the Facility Manager (AZPB FM Limited Partnership) is responsible for managing and operating the Facility and for selecting and contracting with service providers. West Coast Turf developed the original sod for use at the Facility and this contract continues its responsibility to provide and install the sod necessary for maintaining optimum Major League Baseball playing conditions for this unique indoor/outdoor facility. (C-68-07-006-1- 01) Motion to approve by Director Stapley, seconded by Director Wilson Ayes: Brock, Stapley, Wilson Absent: Kunasek, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ___________________________________ Andrew Kunasek, Chairman of the Board ATTEST: Formal Meeting Minutes Wednesday, April 27, 2011 Page 42 of 42 ____________________________________ Fran McCarroll, Official Record Keeper