MINUTES PURSUANT TO A.R.S. §§38-431.01 AND 11-217, - 051111FB.DOC
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Board Members Andrew Kunasek, Chairman, District 3 Fulton Brock, Vice Chairman, District 1 Don Stapley, District 2 Max Wilson, District 4 Mary Rose Wilcox, District 5 County Manager David Smith "The mission of Maricopa County is to Clerk of the Board Fran McCarroll provide regional leadership and fiscally responsible, necessary public services to Meeting Location its residents so they can enjoy living in Supervisors' Auditorium healthy and safe communities.” 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS MARICOPA COUNTY, ARIZONA (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control 38 Library District 40 Stadium District 42 Board of Deposit 43 Wednesday, May 11, 2011 9:00 AM Formal Meeting Minutes Wednesday, May 11, 2011 Page 2 of 42 1. <INVOCATION - INVOCACION Kimberly Bonham, Office of Management & Budget, offered the invocation. 2. <PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Amy Willis, Office of the Clerk of the Board, led the assemblage in the Pledge of Allegiance to the flag. 3. <ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, May 11, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4, 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 - JUNTA DE SUPERVISORES 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL PRESENTACIÓN DE ANIMALS DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Aprille Hollis introduced Lola, a two-month old Pit Bull-Greyhound mix puppy to the Board. Lola likes to play with her toys and snuggle. She does well with other dogs and children, and will make a great addition to any family. Lola can be adopted at the 27th Avenue and Durango location, or by calling 602-506-7387. PRESENTATIONS - PRESENTACIÓNES 5. 2011 MARICOPA COUNTY STORMWATER POSTER CONTEST WINNERS Presentation regarding the the acknowledgment of the 3rd/4th, and 5th/6th grade winners of the 2011 Maricopa County Stormwater Poster Contest. The board chairman will present the winners of each grade category with a special award certificate. (C-88-11-007-P-00) Mr. John Kolman, Director, Environmental Services John Kolman explained that Maricopa County Environmental Services Department, along with support from the Parks and Recreation Department, the Library District, and REI, held a poster contest for students in grades 3 through 6 to promote stormwater pollution awareness and prevention. Mr. Kolman stated that students were encouraged to submit posters supporting the message: “Choices we can make to improve water quality in our rivers and lakes.” A total of 79 entries were received from four schools throughout the Valley, and themes of the posters ranged from litter prevention and recycling to picking up after pets. Formal Meeting Minutes Wednesday, May 11, 2011 Page 3 of 42 Mr. Kolman advised that judging was conducted by over 50 Environmental Services Department employees, as well as customers at the REI Paradise Valley store. Judging was based on artwork, originality, and message delivery. Prizes were awarded for 1st, 2nd, and 3rd place in two categories: 3rd/4th grade and 5th/6th grade. Mr. Kolman called each winner forward and Chairman Kunasek presented them with their special award certificate. A memory photo with Chairman Kunasek was taken with the group. The winners were: 3rd/4th Grade Winners Rank Winner Grade School Teacher 1st Place Alyssa L. Unell 3rd Grade Sonoran Sky Elementary Ms. Kathleen Arola 2nd Place Alana Colby 3rd Grade Sonoran Sky Elementary Ms. Kathleen Arola 3rd Place Aparna Krishnan 3rd Grade Sonoran Sky Elementary Ms. Kathleen Arola 5th/6th Grade Winners Rank Winner Grade School Teacher 1st Place Samantha Hulen 5th Grade Lake Pleasant Elementary Ms. Prodan 2nd Place Monica Rodriguez 5th Grade Lake Pleasant Elementary Mrs. Slayton 3rd Place Chloe Cobb 5th Grade Lake Pleasant Elementary Ms. Prodan Supervisor Brock congratulated the winners and thanked the Environmental Services Department for creating a calendar that showcases the winners and participants drawings for stormwater pollution awareness and prevention. STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 6. <LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR This is the time scheduled for a public hearing on the applications for liquor licenses. At this hearing, the Board of Supervisors will determine the recommendation to the State Liquor Board as to whether the State Liquor Board should grant or deny the license. a. ACQUISITION OF CONTROL FOR ANACAPA GRILL AT CORTE BELLA Pursuant to A.R.S. § 4-203(F), approve an application filed by Robert Eddie Rials for an Acquisition of Control for the Anacapa Grill at Corte Bella located at 22135 N. Mission Drive, Sun City West, AZ 85375.(AZ #12077469) (Supervisorial District 4) (C-06-11-421-L-00) Chairman Kunasek asked for clarification on this type of application. Nicholas Guttilla, Attorney for Corte Bella Community Association, explained that their Board of Directors voted two new board members, and Arizona liquor law requires when there is a membership change, this type of application must be filed. Formal Meeting Minutes Wednesday, May 11, 2011 Page 4 of 42 Motion to approve by Supervisor Wilson, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox b. SPECIAL EVENT LICENSE FOR ST. STEVENS CATHOLIC CHURCH Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Fr. Pierre Hissey for St. Stevens Catholic Church at 24827 S. Dobson Road, Sun Lakes, AZ 85248 to be held on June 3, 2011 from 5:00 p.m. to 8:00 p.m. (Supervisorial District 1) (C-06-11-441-L-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox c. SPECIAL EVENT LICENSE FOR THE FRANCISCAN RENEWAL CENTER Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Charles Percy Brown for the Franciscan Renewal Center at 5802 E. Lincoln Drive, Paradise Valley, AZ 85253 on May 13, 2011 from 5:00 p.m. to 9:00 p.m. (Supervisorial District 2) (C-06-11-442-L-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Public Works - Obras Públicas 7. <ROAD FILE DECLARATIONS - DECLARACIONES DE CARRETERA 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 A429 Road File No. A-429, said alignment is also known as Chandler Heights Road from Val Vista Road to Greenfield Road and lying in Supervisor District 1. (C-91-11-193- M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox b. ROAD FILE NO. A430 Road File No. A-430, said roadway also known as a portion of Greenfield Road from Ocotillo to Queen Creek Road and lying in Supervisor District 1. (C-91-11-200-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Justice Courts 8. RATE INCREASE IN CASE MANAGEMENT FEE Pursuant to A.R.S. §11-251.08, convene the scheduled public hearing, to solicit comments Formal Meeting Minutes Wednesday, May 11, 2011 Page 5 of 42 and consider the adoption of proposed increase in the case management fee from $10 to $20. Upon Board approval, this item will become effective June 1, 2011. The fee increase is assessed upon the filing of the initial complaint and answer/response in all civil cases and is deposited by the Justice Courts in a special revenue fund with the Maricopa County Treasurer. This rate increase is necessary since Justice Court special revenue fund balances have been exhausted and county general funds do not currently meet the critical staffing and operating needs of the Desert Ridge, Highland, Hassayampa, and Estrella Mountain Justice Courts, the Department is addressing these issues by recommending this fee increase. The demand placed on these Justice Courts has served to create a need for additional staffing to ensure quality judicial services are provided to litigants and their respective communities in a timely manner and reduce court case backlogs. (C-24-11-003-M-00) Judge Pearce, Chief Justice of the Peace of the Maricopa County Justice Courts, stated that due to the increased volume in the Justice courts, they have asked for a fee increase of $10 on civil filings. He advised the fee increase would provide funding for staff positions in two courts currently being filled by on-call personnel. Chairman Kunasek asked if there was assistance available to citizens who may not be able to pay the fees due to current economic hardships. Judge Pearce confirmed that there is a waiver program in place for those who can prove their inability to pay. Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox AGENCY ITEMS AND STATUTORY MATTERS ARTICULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Clerk of the Board - Secretaria de la Junta 9. APPLICATION FOR TONOPAH FIREWORKS DISPLAY Pursuant to A.R.S. § 36-1603, approve an application for a fireworks display filed by John Teixeira of the Tonopah Valley Community Council. The event will be located at the Tonopah Valley High School at 38201 W. Indian School Road, Tonopah, AZ 85354 on July 4, 2011 at approximately 9:00 p.m. (Supervisorial District 5) (C-06-11-437-L-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Clerk of the Court - Secretario de la Corte 10. EXECUTIVE COMPENSATION PACKAGE Approve an Executive Compensation Package (ECP) for Richard McHattie, an unclassified Deputy Director in the Clerk of the Superior Court, effective March 21, 2011. If approved, this ECP agreement will authorize a deposit of 60 hours of vacation leave into Formal Meeting Minutes Wednesday, May 11, 2011 Page 6 of 42 Richard McHattie's leave balance effective March 21, 2011. (C-16-11-008-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 11. EXECUTIVE COMPENSATION PACKAGE Approve an Executive Compensation Package (ECP) for Christine Kelly, the unclassified Chief Deputy in the Clerk of the Superior Court, effective March 21, 2011. If approved, this ECP agreement will adjust Christine Kelly’s leave accrual rate to a Schedule 5 Leave Accrual Rate effective March 21, 2011. (C-16-11-009-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox County Attorney - Procurador del Condado 12. 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 4/11/2011: Brenden, Daniel R., Practice Group Leader Connor, Mary C., Practice Group Leader Finn, Gayla E., Legal Services Manager Liddy, Thomas Purcell, Practice Group Leader Newton, Brandon A., Practice Group Leader Stewart, Richard A., Practice Group Leader Effective 4/18/2011: Barksdale, Jon' Nett Shantel, Office Assistant Specialized Benton, David H., Attorney - Senior Counsel Brandon, Maria R., Attorney - Senior Counsel Bressler, Davina D., Attorney Carbajal, Victoria, Legal Support Specialist Christiansen, Jennifer Alaine, Legal Support Specialist Como, Caroline Steadman, Attorney Comus III, Louis F., Attorney Coronado, Sonya T., Legal Support Specialist Costello, Kevin Scott, Attorney Cottrell, Shelley, Legal Support Supervisor Cronin, Mary C., Attorney - Senior Counsel Curran, Thomas Arthur, Attorney Dennis, Tamra Louise, Legal Support Specialist Dormady-Nichter, Patricia E., Paralegal Duncan, Kyle Paul, Office Assistant Specialized Dutcher, Jonathon S., Attorney Fike, Deborah Jo, Paralegal Fine, Paula Sue, Office Assistant Specialized Formal Meeting Minutes Wednesday, May 11, 2011 Page 7 of 42 Flaggman, Sherle R., Attorney - Senior Counsel Garcia, Jacalyn, Paralegal Garcia, Marylou, Office Assistant Specialized Garcia, Tyna Marie, Legal Support Specialist Garczynski, Randall Ray, Attorney - Senior Counsel Garnett, Richard W., Attorney Geiser, Roger A., Paralegal Gough, Adrian M., Attorney Gulley, Nancy J., Legal Support Supervisor Haines, Simon A., Paralegal Haney, Michele, Legal Support Specialist Hartman-Tellez, Karen Jennifer, Attorney Horton, David R., Paralegal Supervisor Kautzman, Sonja, Paralegal Supervisor Keller, Christopher C., Attorney - Senior Counsel Leibsohn, Rachelle Z., Attorney Lewis, Lori Ann, Attorney - Senior Counsel Longo, Anne C., Attorney - Senior Counsel McClure, Martha G., Paralegal McCormick, Clarisse Ann, Attorney - Senior Counsel McFarland, Rachel Josephine, Paralegal Melgar, Claribel A., Legal Support Supervisor Muthig, Klaus P., Attorney Naranjo, Grace Alice, Legal Support Specialist Ochoa, David R., Office Assistant Specialized Padua, Elena Ines, Paralegal Palmer, Steven Bruce, Attorney Patterson, Kathleen Ann, Attorney Paulsen, John W., Attorney Peck, Wayne Jonathan, Attorney - Senior Counsel Prato, Barbara Ann, Paralegal Pulver, Robert, Attorney Rice, Jean W., Attorney - Senior Counsel Rojas, Selena Marie, Office Assistant Specialized Roll, Geraldine L., Attorney Sanders, Darcie L., Paralegal Sell-Ratledge, Debra, Nurse Legal Consultant Sisneros, Veronica Jimenez, Legal Support Specialist Smith, Otis, Attorney Strong, Aileen, Paralegal Taves, Steven V, Paralegal Tinsley, Laurence G., Attorney - Senior Counsel Tyrrell, Elizabeth M., Legal Support Specialist Valerio, Nadxiely, Legal Support Specialist Van Matre, Marnie, Human Resources Analyst West, Linda Jean, Legal Support Specialist White, Bruce P., Attorney - Senior Counsel White, S. Lee, Attorney Wink, Lea J., Legal Support Specialist Zidarich, Andrew S., Legal Support Specialist 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-19-11-058-9-00) Formal Meeting Minutes Wednesday, May 11, 2011 Page 8 of 42 Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Elections - Elecciones 13. SOLE SOURCE CONTRACT WITH RUNBECK ELECTION SERVICES Approve the following item subject to legal counsel review and approval of the respective contract and subsequent execution of contract. A five-year sole source contract with five one year renewals with Runbeck Election Services for the printing, delivery, and/or mailing of official election ballots, sample ballots, election day registers and rosters, any printing that is the result of litigation, early ballot inserts, early ballot envelopes (outgoing and incoming), and all other notices or items that are specifically related to early voting, tracking of mailed early ballots (outgoing and incoming), mailing requirements preparation, sorting of returned early ballots (outgoing and incoming), and packaging of official election ballots. Total contract expenditures will not exceed $37 million over the contract term. (C-21-11-008-3-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Sheriff - Alguacil 14. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Sheriff's Office for April 2011. Donation reports are on file in the Clerk of the Board’s Office. (C-06-11-446-7-00) Supervisor Wilcox stated her opposition with regards to the donations the Sheriff’s Office received in relation to immigration, but advised that she would move forward with approval of the motion. Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 15. EXTENSION OF AGREEMENT WITH THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD CONTRACT #2010-048 Approve an Extension of Agreement with the Arizona Peace Officers Standard and Training Board, Contract #2010-048. The term of this extension is through June 30, 2012. The original Agreement was approved by the Board on January 12, 2011 with a term of January 1, 2011 through June 30, 2011. This is an extension of term only. Total amount awarded was $20,000. (C-50-11-056-G-01) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Superintendent of Schools - Education Service Agency Superintendente de Escuelas - Agencia de Servicio de Educación 16. SCHOOL DISTRICT BOUNDARIES RECONCILIATION Pursuant to A.R.S. §15-442(C), approve the reconciled district boundary reports submitted Formal Meeting Minutes Wednesday, May 11, 2011 Page 9 of 42 by the county school superintendent. These boundaries shall be the legal boundaries and descriptions of the Litchfield Elementary, Agua Fria Union High, Pendergast Elementary, and Tolleson Union High School Districts. The reconciled transcript of the school district boundaries is on file in the Office of the Clerk of the Board of Supervisors. (C-37-11-114-7- 00) Motion to approve by Supervisor Wilson, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 17. MARICOPA COUNTY EDUCATION SERVICE AGENCY GRANT APPLICATIONS Approve grant applications for FY2012 funding for the following opportunities aligned to Maricopa County and the Maricopa County Education Service Agency (MCESA) Strategic Goals. These grants may or may not allow indirect cost recovery and may or may not have match requirements. Authorize the Chairman to sign all applications, resolutions, certifications, assurances, etc. that are included in the grant application process. These mutual goals are: County Strategic Goals 1. Ensure safe communities. Rate of recidivism will be at or less than 15%. 2. Promote opportunities for and educate residents so they can improve their own circumstances and quality of life. And, contribute to an effective regional economy. 3. Increase citizen Satisfaction and trust in County government with efficient effective and accountable public services. 4. Increase the current high school graduation rate from 67% to 90%. MCESA Support for County Strategic Goals 1. Provide safe communities through the reduction of juvenile recidivism from 65% to 15%. 2. Ensure that All Students Graduate Career and College Ready so all future residents can accomplish economic security and improve their quality of life; and contribute to an effective County economy as evidenced by a 97.5% or more of the per capita personal income for the United States as a whole. 3. Increase Citizen Satisfaction and Trust in County government and schools with effective and accountable MCESA services as evidenced by school district trust and satisfaction of 90%. 4. Implement Professional Development Programs that will ensure all schools have highly effective Principals and Teachers as evidenced by a 90% graduation rate. The following are non-local funding opportunities anticipated in the very near future: Investing in Innovation (I3) - US Department of Education Provides funding to support (1) local educational agencies (LEAs), and (2) nonprofit organizations in partnership with (a) one or more LEAs or (b) a consortium of schools. The purpose of this program is to provide competitive grants to applicants with a record of improving student achievement and attainment in order to expand the implementation of, and investment in, innovative practices that are demonstrated to have an impact on improving student achievement or student growth, closing achievement gaps, decreasing dropout rates, increasing high school graduation rates, or increasing college enrollment and completion rates. Encouraging Innovation - US Department of Justice Seeking proposals to develop and implement new and innovative strategies that better enable local criminal justice systems to prevent and respond to emerging and chronic crime Formal Meeting Minutes Wednesday, May 11, 2011 Page 10 of 42 problems that affect many communities in the US. Proposals must aim to address a gap in the current base of knowledge about responding to and preventing crime and be developed or implemented in a way that allows other communities or organizations to learn from and potentially replicate the approach. For a proposal to be considered "innovative" it must: 1) Propose a strategy that has not been implemented previously yet is supported by data. 2) Propose new modification to an existing strategy that has not been implemented previously yet is supported by research or data 3) Propose a new approach to delivering evidence- based strategies not previously implemented that has the potential to reduce costs and increase efficiencies within an agency or system. ITEST: Innov Tech Exp - Students and Teachers - National Science Foundation The ITEST program responds to current concerns and projections about the growing demand for science, technology, engineering, and mathematics (STEM) professionals in the U.S. and seeks solutions to help ensure the breadth and depth of the STEM workforce. ITEST supports the development, implementation, testing, and scale-up of implementation models. It also supports research studies to address questions that point to solutions for building a strong, competent STEM workforce. A variety of possible approaches to supporting the future STEM workforce and to building students' capacity to participate in that important workforce may be implemented and studied. ITEST projects must include students and may include teachers. The target audience is kindergarten through high school age, and projects may focus on any content area related to the STEM workforce. Transforming Stem Learning - National Science Foundation The Transforming STEM learning grant combines interests and resources of separate programs in the Division of Research on Learning in Formal and Informal Settings (DRL) to explore the opportunities and challenges implied by innovative visions of the future for STEM learning. The TSL program invites interdisciplinary teams of STEM content specialists, experts in relevant technologies, STEM formal and informal education specialists, researchers with expertise in the learning sciences, and specialists in education research and evaluation methods to submit proposals for research projects that (1) Study efficacy of existing prototypes for innovations like virtual schools, special STEM schools, and educational programs that combine opportunities of formal and informal learning resources in their communities; or (2) Design and conduct exploratory development of new potentially transformative models for STEM learning environments. BTOP: Broadband Technology Opportunity Pgm - Dept of Agriculture/Dept of Commerce This grant opportunity is available to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services; construct and deploy broadband service related infrastructure; ensure access to broadband service by community anchor institutions; facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations; and construct and deploy broadband facilities that improve public safety broadband communications services. (SACCNET) Teacher Incentive Fund – US Department of Education This funding program supports efforts to develop and implement performance-based teacher and principal compensation systems in high-need schools. Focus is on improving student achievement by increasing teacher and principal effectiveness, reforming teacher and principal compensation systems so that teachers and principals are rewarded for increases in student achievement, increasing the number of effective teachers teaching poor, minority and disadvantaged students in hard-to-staff subjects and creating sustainable performance- based compensation systems. Race to the Top – US Department of Education Formal Meeting Minutes Wednesday, May 11, 2011 Page 11 of 42 Funding to support reform around four specific areas: Adopting standards and assessments that prepare students to succeed in college and the workplace and to compete in the global economy. Building data systems that measure student growth and success, and inform teachers and principals about how they can improve instruction. Recruiting, developing, rewarding, and retaining effective teachers and principals, especially where they are needed most. A large focus will be to turn around our lowest-achieving schools. May only be available to State Education Agency’s School Leadership Program (SLP) - US Department of Education This funding program provides grants to support the development, enhancement, or expansion of innovative programs to recruit, train and mentor principals (including assistant principals) for high-need Local Education Agency’s. It is unclear if all of these grant opportunities will be funded at this time. However, Federal Grants, when released, may be required to be submitted via a small window of time and possibly prior to obtaining Board of Supervisors approval. This agenda provides MCESA with the opportunity to put a tactical plan in action to obtain non-local funding to support the County’s and MCESA’s strategic goals. Funding amounts are unknown at this time and will vary depending on the funds available. It is also unknown at this time if there is a general fund impact from an infrastructure standpoint. The MCESA indirect rate for FY 2011-12 is 15.9%. Upon notification of any of the awards through the opportunities above, MCESA will return to the Board of Supervisors for consideration of acceptance and provide all fiscal impacts. (C-37-11-113-G-00) Motion to approve by Supervisor Wilson, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Treasurer - Tesorero 18. TREASURER’S STATEMENT OF COLLECTIONS AND INVESTMENT SUMMARY FOR REPORT Pursuant to A.R.S. § §11-501, accept the Treasurer’s Statement of Collections and Investment summary reports for March 2011, as on file in the Clerk of the Board’s office and retained in accordance with Arizona State Library Archives and Public Records (ASLAPR) approved retention schedule. (ADM4006) (C-43-11-031-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox JUDICIAL BRANCH - PODER JUDICIAL Juvenile Probation - Libertad Condicional de Menores 19. ADDITION OF PERMANENT VEHICLE TO THE FLEET Approve a permanent addition to the County fleet for one passenger sedan to be purchased by the Equipment Services Department for use by the Juvenile Probation Department (JPD). Additional costs are operating costs which are estimated to be approximately $5,000 per fiscal year. Vehicle and operating costs will be absorbed in the JPD General Fund operating budget. Formal Meeting Minutes Wednesday, May 11, 2011 Page 12 of 42 In addition, approve an exemption from County markings and issuance of non-governmental license plates per A.R.S. § 38-538.03 as this vehicle will be utilized in surveillance operations. Upon approval of this agenda item vehicle information including year, make, model and vehicle identification number will be provided to the Clerk of Board. This vehicle will be assigned to a JPD Surveillance Officer of the Drug Court and Special Supervision Unit (DCSSU). There are currently three DCSSU teams and each team requires one vehicle; Surveillance Officers, as part of the DCSSU, travel far distances to monitor youth who require special attention and constant monitoring while in the community. This vehicle will be part of the newly created fourth team. It is anticipated that the program will grow to serve 300 youth within the next two years necessitating additional teams and vehicles as expansion progresses. (C-27-11-003-2-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox DEPUTY COUNTY MANAGER - SUB ADMINISTRADOR DE CONDADO Office of Enterprise Technology - Oficina de la Empresa y Tecnología 20. AMENDMENT TO LEASE WITH I/O CAPITAL PRINCESS, LLC Approve and execute Amendment No. 2 to Lease No. L-7407 L-7409 with I/O Capital Princess, LLC for the property located at a site within the County. The purpose of this amendment is to enhance the power at this site. This amendment is effective from May 11, 2011 to September 30, 2018. Amendment No. 2 to Lease L-7407 L-7409 provides for the installation of sixteen new L6-30 receptacles, ten Russell Stoll connections and four L21-20 receptacles to power the next phase of IT equipment at the site. The County will pre-pay a one-time cost not to exceed $45,000 plus tax for the installation of the equipment. (C-41-09-002-1-02) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 21. AMENDMENT TO LEASE WITH I/O CAPITAL PRINCESS, LLC FOR INCREASE TO THE INTERNET BANDWIDTH Approve and execute Amendment No. 3 to Lease No. L-7407 L-7409 with I/O Capital Princess, LLC for the property located at a site within the County. The purpose of this amendment is to increase the internet bandwidth at this site. This amendment is effective from May 11, 2001 to September 30, 2018. Amendment No. 3 to Lease L-7407 L-7409 provides for an immediate increase to the internet bandwidth by 100 Mbps Ethernet. The County will pre-pay a one-time cost not to exceed $800.00 plus tax for the installation/set-up of the increased internet bandwidth and an ongoing fee of $800.00 per month, plus taxes, for the increased bandwidth. (C-41-09- 002-1-03) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Formal Meeting Minutes Wednesday, May 11, 2011 Page 13 of 42 ASSISTANT COUNTY MANAGER - COMMUNITY COLLABORATION SUB DIRECTORA DE CONDADO - COMUNIDAD DE COLABORACIÓN Animal Care and Control - Control y Cuidado de Animales 22. DONATION FROM PETSMART CHARITIES, INC. Accept a non-cash donation from PetSmart Charities, Inc. of Phoenix, AZ for spay and neuter services valued at $1,000 to be used for public dog and cat spay and neuter. Services will be performed by Healing Hearts Animal Rescue and Refuge on behalf of Maricopa County. (C-79-11-111-D-00) Supervisor Brock expressed his appreciation for all donations that were received. Motion to approve by Supervisor Wilcox, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 23. DONATION FROM VARIOUS DONORS Accept a monetary donation from Joyce Lesniewski of Mesa, AZ in the amount of $500 and from an anonymous donor in the amount of $1,109.63 for the care of the animals. Donation revenue funds are deposited into Fund (573) as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-11-113-D-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 24. DONATION FROM FETCHBACK, INC. Accept a monetary donation from Fetchback, Inc. of Tempe, AZ in the amount of $2,000 for pre-adoption payment of specially selected animals. Donation revenue funds are deposited into Fund (573) as they are received. Donation funds are not local revenues for the purpose of the constitutional expenditure limitations, and therefore expenditures of these revenues are not prohibited by the budget law. The approval of this action requested does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-11-114-D-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 25. KENNEL PERMIT FOR LARKSPUR LABRADORS Approve kennel permit K11-034 pursuant to A.R.S. §11-1009 for Marci Sale, d.b.a. Larkspur Labradors, 1141 E. Sage Brush Street, Gilbert, AZ 85296, in District 1 for the term of May 11, 2011 through May 10, 2012. The cost of a kennel permit is $328. (C-79-11-110-L-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Brock Formal Meeting Minutes Wednesday, May 11, 2011 Page 14 of 42 Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 26. KENNEL PERMIT FOR BARC PET CENTER Approve kennel permit K12-045 pursuant to A.R.S. §11-1009 for Cynthia Patane, d.b.a. BARC Pet Center, 3121 E. Greenway Road, Suite 201, Scottsdale, AZ 85254, in District 3 for the term of May 11, 2011 through May 10, 2012. The cost of a kennel permit is $328. (C- 79-11-112-L-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Human Services - Servicios Humanos 27. AMENDMENT TO LEASE AGREEMENT WITH TOWN OF GUADALUPE FOR HEADSTART ZERO TO FIVE CLASSROOM SPACE Approve and execute Amendment No. 2 to Lease Agreement No. L-7309 with the Town of Guadalupe, Lessor, for 2,364 square feet of Head Start classroom space located at 9401 South Avenida Del Yaqui, Guadalupe, AZ. The first paragraph on page two of LEASE AGREEMENT NO L-7390 and dated June 20, 2001, shall be amended to read as follows: “LESSOR shall be responsible for the payment of utility services provided to the premises, including but not limited to electricity, gas, water, trash services, janitorial and all maintenance to the Premises.” This amendment also extends the term of the lease for an additional five years to commence June 1, 2011, and terminate May 30, 2016. The rental rate is $8.00 per square foot or an annual fee of $18,912.00 plus rental tax. (C-22-05-126-4-01) Motion to approve by Supervisor Wilcox, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 28. MANAGEMENT AND IMPLMENTATION IMPLEMENTATION AGREEMENT WITH VALLE DEL SOL FOR STATE AND ARRA FUNDED HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM Approve a Management and Implementation Agreement between Valle del Sol, Inc., a non- profit agency, and Maricopa County through its Human Services Department, in the not-to- exceed amount of $100,000. The purpose of this Agreement is to fund the Homeless Prevention and Rapid Re-housing Program, which provides financial assistance and /or services to help individuals and families retain or gain housing stability. This Agreement is funded by the American Recovery and Reinvestment Act (ARRA) of 2009 through an Agreement with the Arizona Department of Housing, to be approved by the Board of Supervisors at the same meeting as this agenda item. This Agreement is effective May 1, 2011 and will expire no later than October 31, 2011, or upon expenditure of all grant funds. This funding does not impact the General Fund. The intent of the Homeless Prevention and Rapid Re-housing Program is to help those who are homeless or who would be homeless but for this assistance and who can remain stably housed after the temporary assistance ends. This program is funded through the Arizona Department of Housing, a prime grantee of the U.S. Department of Housing and Urban Development’s ARRA funding. (C-22-11-060-G-00) Formal Meeting Minutes Wednesday, May 11, 2011 Page 15 of 42 Motion to approve by Supervisor Wilcox, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 29. COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS PROGRAM, AND EMERGENCY SHELTER GRANT, ANNUAL ACTION PLANS Approve the following actions regarding federal Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Shelter Grant (ESG) funds. The Human Services Department current negotiated DHHS indirect rate for FY 2010-11 is 16.1% while the FY 2011-12 indirect rate is 16.7% (pending negotiation). All department indirect and administrative costs associated with these grants, including $25,954 of central service costs are fully recoverable. There is no impact on the General Fund. (1) Approve the Maricopa HOME Consortium and the Maricopa Urban County Annual Action Plans for July 1, 2011 through June 30, 2012. The Annual Action Plans (AAP) identify proposed projects to be undertaken to implement the FY2010-2014 Five-Year Consolidated Plan: FY2011-2012 is Year Two of Five under the Five-Year Consolidated Plan. (2) Adopt a Resolution for the submission of the FY2011-2012 Maricopa Urban County and Maricopa HOME Consortium Annual Action Plans, amendments to the FY2010-2011 Annual Action Plans, FY2009-2010 Maricopa Urban County and Maricopa HOME Consortium Consolidated Annual Performance and Evaluation Reports, and acceptance of CDBG, HOME, and ESG funding. The FY2011-2012 funding allocations are unknown as of the date of the Board action. For planning purposes, the FY2010-2011 funding numbers have been used as a benchmark in order to meet the U. S. Department of Housing and Urban Development’s deadline for submission of the Annual Action Plans. The estimated CDBG, HOME and ESG allocations total $6,748,857 (CDBG: $2,400,000, HOME: $4,250,726, and ESG: $98,131). At the time the final funding amounts are formalized, the FY2011-2012 Annual Action Plans will be revised and made available for public comment. Board action will be sought to amend the Board Action taken above and authorize submission of the revised Annual Action Plans to HUD. A budget true-up will be done as required. FUNDING SUMMARY TOTALS (SEE ATTACHMENT A) 1. Total Urban County CDBG Grant = $2,400,000 (See Attachment A) (a) Urban County CDBG Allocation =$2,400,000 (b) Urban County CDBG Unprogrammed Funds = $-0- 2. Total HOME Consortium Grants =$4,250,726 (a) Maricopa County Share HOME Funds = $909,531 (See Attachment A) (b) Consortium City/Town Share HOME Funds = $2,703,586 (See Attach B) (c) Consortium CHDO Share HOME Funds = $637,609 (See Attachment C) 3. Total Urban County ESG Grant = $98,131 (See Attachment A) TOTAL ALLOCATION = $6,748,857 (C-22-11-061-G-00) Supervisor Wilcox expressed her anticipation of many wonderful community improvements that will be completed across the Valley through the Community Development Block Grant Fund. Motion to approve by Supervisor Wilcox, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Formal Meeting Minutes Wednesday, May 11, 2011 Page 16 of 42 30. AMENDMENT TO LEASE AGREEMENT WITH VINEYARD/KIOWA, LLC FOR HEADSTART ZERO TO FIVE EASTSIDE OFFICE SPACE Approve and execute Amendment Number 2 to lease No. L-7330 with Vineyard/Kiowa, LLC an Arizona Limited Liability Company, Presson Corp., An Arizona Corporation, Lessor for 18,508 square feet of office space located at 2150-1 South Country Club Road, Suite 7, Mesa, AZ for use as Head Start East Side office space. Lessor agrees to make tenant improvements in the aforesaid space as set forth in Exhibit “A” Work Letter at the sole cost of the Lessor. This amendment will also extend the term of the existing lease three years from June 1, 2011 to May 31, 2014 with an option to renew the current lease for one additional year. The first year rental rate is at $16.50 per square foot or an annual rate of $305,382.00 plus rental tax. (C-22-03-110-4-02) Motion to approve by Supervisor Wilcox, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 31. AGREEMENT AND ACCEPT ARRA FUNDING FROM THE ARIZONA DEPARTMENT OF HOUSING FOR THE HOMELESNESS PREVENTION AND RAPID RE-HOUSING PROGRAM Authorize the execution of an agreement between the Arizona Department of Housing and Maricopa County, through the Human Services Department to accept an amount of $105,000 to be used for the Homelessness Prevention and Rapid Re-Housing Program (HPRP). The Arizona Department of Housing received an American Recovery and Reinvestment Act (ARRA) grant award from the U.S. Department of Housing and Urban Development (HUD) for this purpose. The agreement is effective May 1, 2011 and will be in effect until are funds are expended, not to extend beyond October 31, 2011. The Department of Human Services indirect rate for FY 2010-11 is 16.1%. The agreement allows for indirect costs at a rate of 16.1%. Of the $105,000 sub-recipient costs in the amount of $100,000 are not subject to indirect charges. Therefore, indirect costs are fully recoverable and are estimated at $693. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. This extension does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant A.R.S. 42-17105. This funding does not impact the General Fund. The intent of the Homeless Prevention and Rapid Re-housing Program is to help those who are homeless or who would be homeless but for this assistance and who can remain stably housed after the temporary assistance ends. This program is funded through the Arizona Department of Housing, a prime grantee of the U.S. Department of Housing and Urban Development’s ARRA funding. (C-22-11-062-G-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Parks and Recreation - Parques y Recreación Formal Meeting Minutes Wednesday, May 11, 2011 Page 17 of 42 32. COMMERCIAL MANAGEMENT CONCESSIONS AGREEMENT Approve the Commercial Management Concessions Agreement between Maricopa County and Arizona Outdoor Specialists, LLC d.b.a. Arizona Outback Adventures in order to manage, operate and maintain a commercial concession within the Maricopa County Regional Park System. The Effective Date, upon being approved and executed by the Maricopa County Board of Supervisors, will be July 1, 2011. Term of the Agreement is from the Effective Date through December 31, 2012 with ten (10) one (1)-year renewal options. Guaranteed revenue for Maricopa County Parks and Recreation Department (Department 300) (Fund 241) throughout the term of the Agreement is $150. (C-30-11-041-3-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox CHIEF FINANCIAL OFFICER - DIRECTOR DE OPERACIONES FINANCIERA Finance - Finanzas 33. <FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers from the operating funds to clearing funds including payroll, journal entries, allocations, loans, and paid claims and authorize the issuance of the appropriate related warrants. Said warrants and claims are on file in the Clerk of the Board’s office. Motion to approve by Supervisor Brock, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox CHIEF PROCUREMENT OFFICER - OFICIAL PRINCIPAL DE ADQUISICIÓN Materials Management - Gestión de Materiales 34. <SOLICITATION SERIALS - SOLICITUD DE PUBLICACIONES SERIALES Approve the following solicitation serial items. The action on the following items is subject to Legal Counsel's review and approval of the respective contracts and subsequent execution of contracts. a. 10133-C, FROZEN FOODS (PERISHABLE & KOSHER) Approve the following solicitation serial items. The action on the following items is subject to Legal Counsel's review and approval of the respective contracts and subsequent execution of contracts. Serial: 10133-C Item: Frozen Foods (Perishable & Kosher) ($1,890,000.00 estimate/three years until May 31, 2014, with three one-year renewal option ) Contract is being awarded for use by the MCSO food factory to procure frozen foods Kosher and perishable items, for inmate consumption. Good Source Solutions JNS Foods LLC Formal Meeting Minutes Wednesday, May 11, 2011 Page 18 of 42 Kellogg Supply Inc CSV Sales, Inc. (C-73-11-112-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox ASSISTANT COUNTY MANAGER - REGIONAL DEVELOPMENT SERVICES SUB DIRECTORA DE CONDADO - SERVICIOS DE DESARROLLO REGIONAL Equipment Services - Servicios de Equipo 35. PURCHASE OF SURPLUS EQUIPMENT 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 F82303. 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, April 13, 2011 and April 27, 2011 meetings. (C-74-11- 006-V-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Planning and Development - Planificación y Desarrollo 36. CLOUD CREEK DEVELOPMENT AGREEMENT Approve by Resolution of Adoption the Development Agreement with Cloud Creek Development LLC and Maricopa County, pursuant to the Maricopa County Subdivision Regulations. (C-44-11-088-M-00) Motion to approve by Supervisor Wilcox, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Public Health - Salud Pública 37. TERMINATE AFFILIATION AGREEMENT WITH THE KANSAS CITY UNIVERSITY OF MEDICINE AND BIOSCIENCES Terminate the Affiliation Agreement with the Kansas City University to allow their interns, residents, and/or students to participate in learning experiences at the Maricopa County Department of Public Health. (C-86-06-046-0) Pursuant to Paragraph 6. Term of the Agreement, “…either party may terminate this Agreement, without cause, by written notice sent to the other at least (90) days prior to the effective date of termination.” The term of the original agreement was January 18, 2006. Termination is effective July 11, 2011. (C-86-11-078-3-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Formal Meeting Minutes Wednesday, May 11, 2011 Page 19 of 42 Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 38. AMENDMENT NO. 1 TO LEASE AGREEMENT L-7381 WITH 4041 CENTRAL PLAZA LLC Approve and authorize the Chairman to execute Amendment No. 1 to Lease Agreement L- 7381 between 4041 Central Plaza, LLC, as Lessor, and Maricopa County for lease consolidation and renewal of 50,972 square feet of office space at 4041 N. Central Avenue, Phoenix, Arizona, and authorize an exception to policy A-1920, which limits lease terms to 60 months. The new lease terms stipulated in Amendment No. 1 of Lease Agreement L-7381 will be effective July 1, 2011. Amendment No. 1 will expand the leased premises to 50,972 rentable square feet by inclusion of 16,024 rentable square feet on Floor 14. Amendment No. 1 will extend the lease term for an additional 7 years with a new termination date of June 30, 2018. The subject amendment also adjusts the rental rates during the renewal term and provides the county with a $2.00 per square foot tenant improvement allowance. This First Amendment to Lease Agreement L-7381 was endorsed by the County’s Facility Review Committee during April of 2011. (C-86-06-044-4-01) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 39. AMENDMENT TO LEASE AGREEMENT L-7369 WITH 4041 CENTRAL PLAZA LLC Approve and authorize the Chairman to execute Amendment No. 2 to Lease Agreement L- 7369 between 4041 Central Plaza, LLC, as Lessor, and Maricopa County for early termination of Lease L-7369 for 16,024 rentable square feet of office space at 4041 N. Central Avenue, Phoenix, Arizona. Amendment No. 2 to Lease Agreement L-7369 will terminate the subject agreement effective June 30, 2011. This Second Amendment to Lease Agreement L-7369 was endorsed by the County’s Facility Review Committee during April of 2011. (C-86-05-621-4- 02) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 40. FACILITY USE REVOCABLE LICENSE AGREEMENT WITH CATHOLIC HEALTHCARE WEST D/B/A CHANDER REGIONAL MEDICAL CENTER FOR ORAL HEALTH, HEARING AND VISION SERVICES AT GUADALUPE WIC CLINIC Approve full service Facilities Use/Revocable License Agreement with Catholic Healthcare West, a California non-profit public benefit Corporation d/b/a Chandler Regional Medical Center, Licensee, for the user of clinic space to perform oral health, hearing and vision services to underserved WIC eligible children ages 0 to five, their families and pregnant women, at the Guadalupe WIC clinic located at 9206 S. Avenida del Yaqui, Guadalupe, AZ 85283. The term of the Agreement is from May 1, 2011 through April 30, 2012. License agrees to provide the services at no cost to the County and the recipients. County agrees to provide access and promotion assistance without monetary remuneration. (C-86-11-079-M- 00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Formal Meeting Minutes Wednesday, May 11, 2011 Page 20 of 42 41. AFFILIATION AGREEMENT WITH THE QUEEN CREEK UNIFIED SCHOOL DISTRICT #95 FOR CLINICAL TRAINING EXPERIENCE FOR GRADUATE STUDENTS Approve the Dietetic Internship Affiliation Agreement with the Queen Creek Unified School District #95 to provide clinical nutrition training experience for graduate students in the dietetic internship. The agreement is non-financial, and the term is to be from June 1, 2011 through June 30, 2015. (C-86-11-080-3-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 42. AMENDMENT TO GRANT THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT FOR INCREASE SERVICES TO HEALTH CENTERS PROGRAM Approve the extension of the budget and project period of the American Recovery and Reinvestment Act (ARRA) from Department of Health and Human Services Health Resources and Services Administration to Maricopa County though its Department of Public Health for ARRA – Increase Services to Health Centers (Award No. H8BCS12295-01-03). The term of the grant extension is through June 30, 2011. The budget period is from March 27, 2009 through June 30, 2011. All other terms and conditions remain in full force and effect. (C-86-09-061-G-02) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 43. AMENDMENT TO SUBCONTRACT WITH HEALTH CHOICE ARIZONA Approve the Amendment to the Health Choice Arizona (HCA) subcontract to change the name from Maricopa County, D.B.A. Maricopa County Department of Health Services, D.B.A. Health Care for the Homeless to Maricopa County, D.B.A. Maricopa County Department of Health Services, D.B.A. Public Health Clinical. All other terms and conditions of the original contract shall remain in full force and effect. (C-86-06-058-1-02) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 44. ADMINISTRATIVE CORRECTION TO REDUCTION IN FLEET FOR DEPARTMENT OF PUBLIC HEALTH Approve an Administrative Correct Correction to an action taken on April 13, 2011 (C-86-11- 068-V) that approved a Reduction in Fleet and direct Equipment Services to dispose of the vehicle, a 1993 Chevy, Cavalier, fixed asset # RAM0082350, for Maricopa County by and through its Department of Public Health (MCDPH). The correction will include any proceeds from the disposal of the vehicle through an auction will be posted to Fund (532). (C-86-11- 068-V-01) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox ASSISTANT COUNTY MANAGER - PUBLIC WORKS SUB DIRECTORA DE CONDADO - OBRAS PÚBLICAS Formal Meeting Minutes Wednesday, May 11, 2011 Page 21 of 42 Public Works - Obras Públicas 45. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements, right-of-way documents, and relocation assistance for highway and public purposes as authorized by road file resolutions or previous Board of Supervisors’ action. The list is on file in the Clerk of the Board’s Office. (C-06-11-455-7-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 46. IGA WITH THE CITY OF GLENDALE FOR OWNERSHIP, OPERATION AND MAINTENANCE OF NORTHERN PARKWAY FROM SARIVAL AVENUE TO DYSART ROAD Approve the Intergovernmental Agreement (IGA) between Maricopa County (County), through the Maricopa County Department of Transportation (MCDOT), and the City of Glendale (City) for ownership, operation and maintenance of Northern Parkway from Sarival Avenue to Dysart Road (Project), Maricopa Association of Governments (MAG) Arterial Life Cycle Program (ALCP) Project Bin, Subproject T195. This Agreement shall become effective as of the date it is approved by the Board of Supervisors. This Agreement identifies and defines the specific responsibilities of the County and Glendale for the ownership, operation and maintenance of Northern Parkway between Sarival Avenue and Dysart Road (the Project) and states intentions regarding funding and construction of the Reems Road overpass. The Project includes Northern Parkway roadway paving, the Sarival Avenue overpass bridge, the Reems Road overpass bridge, the Litchfield Road overpass bridge, the Burlington Northern Santa Fe (BNSF) Railroad overpass bridge, Intelligent Transportation Systems (ITS) conduit, and other associated facilities. Upon completion of the Project, and after land rights have been transferred, Glendale shall own, operate and maintain all Project improvements from Sarival Avenue to a point one- fourth mile west of Dysart Road, including landscaping and the landscaping of cross streets within its jurisdiction. Glendale shall accept ownership of the right-of-way upon transfer by the County. Upon completion of the Reems Road and Litchfield Road overpass structures and approach roadways (the Overpasses), Glendale shall own, operate and maintain the Overpasses. Specifically regarding Reems Road, the Parties recognize that the Reems Road overpass is a high priority component of the overall Northern Parkway corridor, and it is the intention of both Parties that construction of the Reems Road overpass should be completed by 2013. Accordingly, the County and Glendale shall each reserve $2,000,000 of their anticipated minimum local contribution as provided earlier under the December 26, 2008 intergovernmental Agreement for Northern Parkway (C-91-09-081-M-00) to accomplish construction of the Reems Road overpass by 2013. Any construction related to the Reems Road overpass would be contingent on approval by the Northern Parkway Executive Committee, pursuant to the approved December 26, 2008 Intergovernmental Agreement (C- 91-09-081-M-00) between Maricopa County and the Cities of El Mirage, Glendale and Peoria for improvements to Northern Parkway from State Route 303 (Bob Stump Memorial Parkway) to U.S. 60 (Grand Avenue). The current construction estimate for the overpass is $4,000,000 which includes Formal Meeting Minutes Wednesday, May 11, 2011 Page 22 of 42 construction management. Currently there is $430,000 budgeted for the design of the Reems overpass in FY 2011 – 2012. Once the Phase 2 Project Agreement is approved by MAG and the Federal Highway Administration has authorized the start of design, if necessary, additional funds will be allocated for design in FY 2011 – 2012. Construction funds will be programmed in the FY 2012 -2013 capital budget. Supervisory District No. 4 (C-91-11-206-M-00) The Clerk announced this item would be continued. BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Clerk of the Board - Secretaria de la Junta 47. MAIL BALLOT ELECTION FOR RANCHO GRANDE LANDERWOOD IRRIGATION WATER DELIVERY DISTRICT NO. 24 Pursuant to A.R.S. § 16-558, approve a mail ballot election for the Rancho Grande Landerwood Irrigation Water Delivery District No. 24 to be held on November 16, 2011. (Supervisorial District 3) (C-06-11-425-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:00 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ ~Todas las audiciones será tenidas a las 9:00 de la Mañana, 205 W. Jefferson, Phoenix, amenos que de otromodo notado~ Planning and Development - Planificación y Desarrollo 48. ZONING CASES Schedule Planning and Development public hearings on zoning cases and other matters for the May 25, 2011 meeting. (List is on file with the Clerk of the Board's Office.) (C-44-11-089- M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Public Health 49. INCREASE TO ARIZONA VITAL RECORDS FEE SCHEDULE Pursuant to ARS §11-251.08, set a public hearing for 9:00 a.m., Wednesday, June 8, 2011 to authorize and approve Department of Public Health to increase the existing fee schedule for Maricopa County through its Department of Public Health’s (MCDPH) Vital Records product/fee list. The fee increases will affect the fees charged for Arizona vital records. The proposed fee increases are attributed to an anticipated fee increase to be adopted by Arizona Department of Health Services (ADHS). Formal Meeting Minutes Wednesday, May 11, 2011 Page 23 of 42 Use of the fee schedule will be based on the following Board of Health recommendation. According to A.R.S. 36-341 (A), a Local Registrar (County Health Officer) may establish their own fees to be charged for services provided by Vital Records. The fee schedule is as follows: State Approved Surcharges to County Vital Records Offices as of July 01, 2011: Record Type Approved Additional Approved Total Surcharge Per Copy Surcharge Per Copy Certified Copy $4.00 $5.00 Non-certified Copy $1.00 $1.00 The proposed MCDPH Office of Vital Registration Fee Schedule will be consistent with the new State and County fees as of July 1, 2011. Certified Copies: *Current County Fee **Proposed County Fee Birth Certificate $15.00 $20.00 Establishing Paternity $25.00 $30.00 Delayed Birth Application n/a $20.00 BC Correction/Amendment $25.00 $30.00 Foreign Born Application n/a $20.00 Putative Father Registry n/a $5.00 Death Certificate $15.00 $20.00 DC Correction/Amendment $25.00 $30.00 Presumptive Death $15.00 $20.00 Fetal Death Certificate $15.00 $20.00 Certificate of Birth Resulting in Stillbirth $15.00 $20.00 Record Search n/a $5.00 *(Includes $1.00 surcharge) **(Includes $1.00 surcharge plus $4.00 additional State Charge) Non Certified Copies: Current Fee Proposed Fee Birth Non-Certified $5.00 $5.00 Death Non-Certified $5.00 $5.00 These fees were heard by the Board of Health on April 25, 2011. (C-86-11-081-M-00) Supervisor Wilcox asked that information be submitted to the Board prior to the public hearing date of June 8, 2011, as to whether a waiver program is available for County Vital Records. Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta Formal Meeting Minutes Wednesday, May 11, 2011 Page 24 of 42 50. ASRS CLAIMS Pursuant to A.R.S. §38-711 et., authorize payment of claims submitted by the Arizona State Retirement System, on behalf of current or former employees regarding contributions not withheld for purposes of participation in the Arizona State Retirement System. Amounts may be recalculated employer payments to show accrued interest payments. Claims presented are on file in the Clerk of the Board’s Office. (C-06-11-447-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 51. 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-06-11-448-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 52. 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-06-11-445-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 53. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meetings held March 29, 2011. (C-06-11-444-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 54. 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-06-11-451-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 55. 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-06-11-449-7-00) Formal Meeting Minutes Wednesday, May 11, 2011 Page 25 of 42 Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 56. SETTLEMENT OF PROPERTY TAX CASES Pursuant to A.R.S. §§42-16201 through 16215, approve the settlement of tax cases dated May 11, 2011. List is on file in the Clerk of the Board’s Office. (C-06-11-452-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 57. STALE DATED WARRANTS Pursuant to A.R.S. §11-644 the Board of Supervisors finds that claims presented, are legitimate and that claimants have demonstrated good and sufficient reason for failure to present the original check or warrant within the allotted time. Accordingly, the claims are allowed. List of claims is on file in the Clerk of the Board’s Office. (C-06-11-450-7-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 58. 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-43-11-032-M-00) Motion to approve by Supervisor Stapley, seconded by Supervisor Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES Human Services - Servicios Humanos A-1. IGA WITH THE HOUSING AUTHORITY OF MARICOPA COUNTY FOR THE ACQUISTION OF A MULTI-FAMILY PROPERTY THROUGH THE NEIGHBORHOOD STABILIZATION PROGRAM Approve an Intergovernmental Agreement (IGA) between the Housing Authority of Maricopa County and Maricopa County, through the Human Services Department, for the acquisition of a multi-family property through the Neighborhood Stabilization Program (NSP), in the not- to-exceed amount of $1,506,650. The purpose of this IGA is to acquire and rehabilitate a multi-family rental property, located at 209 West Jackson Street, Phoenix, AZ to be used as permanent supportive housing. This agreement is effective May 11, 2011 and will expire on June 30, 2013. There is no impact on the General Fund. Funding for this project is program income derived from the Acquisition/Rehabilitation/Re- Sell activity and reallocated funds from NSP administration budget. The intent of NSP is to address the issue of vacant, foreclosed residential housing in Maricopa County. The program is funded through the U.S. Department of Housing and Urban Development. (C-22- 11-075-3-00) Formal Meeting Minutes Wednesday, May 11, 2011 Page 26 of 42 Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Materials Management - Gestión de Materiales A-2. AMENDMENT TO THE BANK SERVICING AGREEMENT WITH JPMORGAN CHASE BANK N.A. Approve Amendment No.1 to the Bank Servicing Agreement (Serial: 10016-ITN, C-73-11- 036-7-00) with JPMorgan Chase Bank N.A. originally approved on November 3, 2010. This amendment clarifies the parties/signatories to the agreement. All other terms and conditions as originally stated remain the same. (C-73-11-036-7-01) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Planning and Development - Planificación y Desarrollo A-3. COMPLIANCE AGREEMENT WITH FORD ARIZONA PROVING GROUNDS Approve the terms of the settlement and dollar amount of which exceeds the authority previously granted to the Director to settle code enforcement matters. The terms of the settlement are as follows: 1. Ford admits responsibility for the code violation. (The hearing was bifurcated into the liability phase and the penalty phase. The hearing officer has determined that Ford was responsible and the on-going hearings dealt with the penalty phase only). 2. Ford will commence the application process to permit all unpermitted work on the site. Ford will be given a period of 12 months in which to complete said permitting. 3. If permitting has not occurred within 12 months, or any agreed upon extension of that time, a daily non-compliance penalty of $1,000 will be due and owing for each day or part thereof from the date of non-compliance with the terms of the agreement until compliance is achieved. 4. Ford will pay, upon execution of the settlement agreement, a non-compliance penalty of $225,000.00. This item will be heard in Executive Session on May 9, 2011. (C-44-11-092-M-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Public Works - Obras Públicas A-4. SETTLEMENT AGREEMENT WITH EMPLOYEE Approve settlement and release of claims agreed to by rehired Facilities Management employee, Ricky Grafe, including one-time payment of $2,168.86. This matter was discussed in Executive Session on May 9, 2011. (C-91-11-214-S-00) Motion to approve by Supervisor Brock, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Formal Meeting Minutes Wednesday, May 11, 2011 Page 27 of 42 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 LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 59. Public comment on matters pertaining to Maricopa County government. Please limit comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board members may not discuss matters raised under this public comment portion of the meeting; however, an individual Board member may respond to criticism made by those who have addressed the Board, ask staff to review an issue raised or may ask that the matter be placed on a future agenda. (Public comment is at the discretion of the Chairman.) Comentarios del público sobre las materias relacionadas con el gobierno del Condado de Maricopa. Por favor límite comentarios a dos minutos. Tenga en cuenta que de conformidad con el Derecho de Reunión Abierta de Arizona, miembros de la Junta no podrán abordar las cuestiones planteadas en esta parte de comentario público de la reunión, sin embargo, un miembro de la Junta individuo puede responder a las críticas de quienes se han ocupado de la Junta, pida al personal para examinar una cuestión planteada o puede pedir que la cuestión se incluya en una agenda de futuro. (Comentario público es a discreción del Presidente.) Jameson Johnson, resident, stated that he came before the Board in 2008 asking that they exercise fiscal oversight of the Maricopa County Sheriff’s Office (MCSO). He suggested that only in Maricopa County can $100 million be allegedly misspent without anyone being arrested. Mr. Johnson commented that “enough is enough” and the financial mismanagement of Maricopa County is unforgivable. He recommended the Board take the opportunity to invite the United States Attorney’s Office to place MCSO in receivership. Chairman Kunasek announced the report from the April 13, 2011 meeting was available and to see the Clerk for a copy. Alejandro Chavez was called to speak and was not present. Reverend Liana Rowe, resident, commented that she attended a Board meeting a few years ago asking for accountability on the Sheriff and his actions. She stated that she also met with Chairman Kunasek and his staff at that time, asking that they step up into leadership. Rev. Rowe advised the Board that she is once again asking the Board step up into leadership and ask the Sheriff to take responsibility for what has happened on his watch. Lilia Alvarez, resident, stated she was outraged when she read the article “Kunasek won’t set a public hearing on Arpaio misspending” and expressed how she feels it is the Board’s responsibility to hold Sheriff Arpaio accountable. Ms. Alvarez asked the Board to hold a public hearing on the issue of the misspending. She thanked Supervisor Wilcox, Supervisor Wilson, & Supervisor Stapley for not seeing her request as unreasonable but as part of their duty. Formal Meeting Minutes Wednesday, May 11, 2011 Page 28 of 42 Chad Snow, resident, and member of the Maricopa Citizens for Safety and Accountability (MCSA), reminded the Board that when he spoke at the April 27, 2011 meeting he commented that Sheriff Arpaio had spoken at a Tea Party Rally weeks prior, where he encouraged citizens to hold their elected officials accountable by holding their “feet to the fire”. Mr. Snow stated that even though it appears those who try and hold Sheriff Arpaio’s “feet to the fire” end up jailed or arrested, they are going to continue to come back and said “we are not going anywhere”. Randy Parraz, resident, stated that this is a defining moment for Maricopa County, and asked the Board to put the $100 million of misspent money on the agenda for public discussion. He mentioned that his understanding was the misspent money would be paid back through use of the General Funds, and he objected to that proposal. Mr. Parraz advised there would be a press conference immediately following the Board meeting. Andrew Sanchez, resident, stated he feels the Board is being irresponsible by not holding a public hearing to discuss the $100 million of misspent money by the Sheriff’s Office. He also said he feels the Board acted inappropriately by voting to cancel the law enforcement contract between the Town of Guadalupe and the Sheriff’s Office. Mr. Sanchez asked the Board to hold a hearing on the misspent money for public discussion. Jason Odhner, resident, commented that he is consistently shocked by actions that occur within Maricopa County. He stated that in a recent interview about the alleged misspent $100 million, Sheriff Arpaio said that he could not know about everything that is going on. Mr. Odhner feels that Sheriff Arpaio is either incompetent or guilty and asked the Board what level of corruption warranted Federal receivership. Monica Sandschafer, resident, and Executive Director of Living United for Change in Arizona (LUCHA), thanked the Board for completing the audit of the Sheriff’s Office and holding the hearing with Chief Deputy Jerry Sheridan. Ms. Sandschafer stated that the Board meeting is not the best time for dialog but as a community that is what they are asking for – an opportunity to have open dialog to discuss the $100 million of misspent money and the plans for repayment. Alicia Russell, Phoenix native, and member of LUCHA, stated that when she pays taxes she does so with the trust her money will be used carefully and legally. She stated she is appalled at the report of MCSO’s misappropriated funds and understands it must be repaid but questioned how that would happen. Ms. Russell stated that this corruption is too big to sweep under the rug and said “we can no longer afford Sheriff Arpaio.” Ms. Russell asked the Board to put the citizens of Maricopa County first by setting a public hearing and request Federal receivership. Guillermina Pichardo, resident, and member of LUCHA, thanked Supervisor Stapley and Supervisor Wilcox for their strength and integrity in speaking out on the $100 million that was allegedly misspent by the Sheriff’s Office. She stated LUCHA is demanding a real change in Sheriff Arpaio’s department to improve our County. Ms. Pichardo asked the Board to have a public hearing in which they can talk about the spending and suggested the Sheriff’s Office be placed under Federal receivership. (Ms. Pichardo spoke Spanish. Her comments were translated by interpreter, Ramon Delgadillo.) Marciela Bernal, resident, stated that she represents more than 1000 people through the Barrio Defense Committee (CDB) and that they are demanding the resignation of Sheriff Arpaio. Ms. Bernal stated that Sheriff Arpaio is the criminal and CDB has already found him guilty of misspending the $100 million, and violating the rights of men, women and children. Formal Meeting Minutes Wednesday, May 11, 2011 Page 29 of 42 (Ms. Bernal spoke Spanish. Her comments were translated by interpreter, Ramon Delgadillo.) Salvador Reza, resident, praised the Board for transitioning into a different mode, stating that he would have been arrested years ago for clapping. He commented that Sheriff Arpaio is running rampant and his claims that there is no racial profiling in his department is false due to the recent investigation which found his top deputies emailed offensive jokes about Mexicans. Mr. Reza asked the Board to exercise Federal receivership over the Sheriff’s Office. Rep. Ruben Gallego, Arizona State Legislature, District 16, approached the Board and asked to speak. Clerk of the Board, Fran McCarroll, advised that current policy states once the public comment agenda item starts no additional speaker forms can be accepted or speakers heard, and that she had already turned back other speakers’ slips which were submitted late. Supervisor Brock and Supervisor Wilcox asked for an exception to be made and additional speakers allowed to be heard. Chairman Kunasek asked counsel, Paul Golab, for clarification on the policy. Mr. Golab confirmed no additional comments could be heard after the item was opened and the Board must be consistent with the application of the policy. Chairman Kunasek advised the policy will be revisited if needed. 60. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de los supervisores/administrador del condado de los acontecimientos actuales. No member of the public came forward to speak at this meeting. ***The Board of Supervisors will now consider matters related to Planning and Zoning*** PLANNING AND ZONING AGENDA - AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN 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. Joy Rich, Assistant County Manager, Darren Gerard, Deputy Planning and Development Director, and Attorney Wayne J. Peck came forward to present the following planning and zoning cases. REGULAR AGENDA - AGENDA REGULAR 1. SPECIAL USE PERMIT - Z2009063 - ARLINGTON VALLEY SOLAR ENERGY Case Z2009063 Number: Supervisorial 4 District: Applicant: Arlington Valley Solar Energy, LLC for State of Arizona, LSP Arlington Valley LLC, SEP-II, Lorimor Walter Tr, Duke Energy Maricopa, LLC, Arlington Valley Solar Holdings, LLC, and Ward Frank/Judy Formal Meeting Minutes Wednesday, May 11, 2011 Page 30 of 42 Location: South of Narramore Rd., north of Southern Pacific Trl. and east and west of the 387th Ave. alignment (in the Tonopah/Arlington area) Request: Special Use Permit (SUP) for a 123 MW photovoltaic (PV) solar energy generation facility in the Rural-190 zoning district (approx. 1,433 acres) Commission By a 7-0 vote, recommended approval subject to stipulations 'a' - 'aa':a. Development Action: of the site shall be in substantial compliance with the Site Plan entitled “Arlington Valley Solar Energy, LLC”, consisting of sixteen (16) full-size sheets, stamped received March 25, 2011 except as modified by the following stipulations.b. Development of the site shall be in general conformance with the Narrative Report entitled “Arlington Valley Solar Energy”, consisting of a bound document, 35 pages with figures and appendices, dated revised March 2011 and stamped received March 25, 2011 except as modified by the following stipulations.c. Any special events as described in the narrative report shall be limited to 30 people. The ground breaking event will exceed this maximum number; however, the developer will make provisions for off-site parking and shuttle service.d. Prior to zoning clearance for any permit, legal access documentation shall be provided for both the main and emergency access points.e. To the extent possible, the applicant shall accommodate Maricopa County’s regional trail system which traverses their site generally along the 387th Ave. alignment adjacent to Winters Wash as may be deemed necessary by Maricopa County Parks.f. Any existing vegetation along 395th Avenue shall be maintained through construction and revegetation efforts shall be generally consistent with the vegetation along the west side of said alignment. g. Revegtation along and within Winters Wash shall be consistent with the US Army Corps of Engineers permitting requirements. In the event that this permit is not pursued, revegetation along Winters Wash shall be consistent with the Arlington Valley Energy Land Management Plan approved with CPA200004.h. All trees shall be double-staked when installed.i. 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. j. Dedication of additional rights-of-way to bring the total half-width dedication to 65’ for 395th Avenue shall occur within six (6) months of approval of this request by the Board of Supervisors, and prior to zoning clearance. All such dedications shall be in fee and free of all liens and encumbrances. Prior to acceptance of such dedication, the applicant shall provide the County an owner’s title insurance policy issued to the County, the Maricopa County Department of Transportation (MCDOT) environmental checklist and any and all other requirements as set forth in the “MCDOT Right-Of-Way Dedications Reference Guide”. Until Maricopa County has accepted said dedication, all responsibilities, including but not limited to maintenance and repair for the property to be dedicated shall be that of the applicant.k. Prior to zoning clearance, 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.l. The following Maricopa County Environmental Services (MCESD) stipulations shall be met:• Prior to zoning clearance for issuance of the first facility building permit, all required permits for any required drinking water, sanitary and industrial wastewater permits by MCESD and Arizona Department of Environmental Quality (ADEQ) must be submitted to the appropriate agency.• No facility operation can begin prior to the approval of the above permits (issuance of an Approval to Construct) and a construction approval (Approval of Construction) of the required facilities signed by MCESD.m. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.n. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations.o. An archeological survey shall be submitted to and approved by the Arizona State Historic Preservation Office prior to issuance of a grading permit. The applicant must contact the State office prior to initiating disturbance of the site. The applicant shall provide the Planning and Development Department with written proof of compliance with this stipulation prior to zoning clearance for any building permits.p. The following Maricopa County Drainage stipulations shall be met:• 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 is for conceptual design only and does not Formal Meeting Minutes Wednesday, May 11, 2011 Page 31 of 42 represent final design approval nor shall it entitle applicants to future designs that are not in conformance with the Drainage Regulation and design policies and standards.• All modeling and analysis shall be considered conceptual and shall be refined to a level appropriate for design with the request for construction permits. • Yearly status reports shall be required that shall demonstrate that the retention areas have been inspected and maintained as listed in the Operations and Maintenance of Drainage Systems section of the latest drainage report and with any additional information that Maricopa County may require to demonstrate that the projects drainage management system is in conformance with regulatory development requirements. • The requirements for status reports shall be in addition to the requirements for such reports determined by the Planning Division or other regulatory agencies. • With all applications of construction permits, final construction details shall be provided for all requested construction activity for which details were not requested a part of the entitlement case. This shall include, but not be limited to, fencing, signage, erosion protection, channel armoring and drywells • All construction activity shall be within the Special Use Permit (SUP) limits. • A schedule of construction shall be submitted with all phases of construction permit applications. • At time of construction permit application, all phases shall be demonstrated to meet regulatory development requirements independently from future phases or for prior phases not completed at time of final inspection. q. As part of the building permit process, a Floodplain Use Permit will need to be obtained from the Floodplain Management and Services Division of the Flood Control District.r. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the Buckeye Valley Fire 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.s. The applicant or his successor shall obtain approval of any development plans from the applicable Fire Marshall prior to any construction. t. This Special Use Permit shall expire forty (40) 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 shall be removed within 90 days of such termination or expiration.u. The applicant shall submit an annual written report 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 including maintenance of drainage facilities.v. 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. w. 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).x. 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.y. 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.z. If a building permit for the facility has not been issued within Formal Meeting Minutes Wednesday, May 11, 2011 Page 32 of 42 three (3) years from the date of Special Use Permit (SUP) approval, this SUP and the related Comprehensive Plan Amendments (CPA200808, CPA200916, CPA200917, and CPA200919) will be scheduled for public hearing by the Maricopa County Board of Supervisors, upon recommendation by the Maricopa Planning and Zoning Commission, to consider reverting the zoning to Rural-190 and the related land use designations to Open Space and Rural respectively. Additionally, in the event of the reversion, the Land Management Plan associated with CPA200004 shall be implemented.aa. Prior to any ground disturbance activities and prior to the issuance of any construction permits, the developer shall provide assurance in an amount and form acceptable to the Maricopa County Planning & Development Department sufficient to restore or stabilize the entire site in the event the project is abandoned, expires, or otherwise becomes defunct. (C-44-11-091-7-00) Kevin Johnson, Arlington Valley Solar Energy, advised the Board that they agree with all of the recommendations and stipulations made by the Maricopa County Planning & Zoning Department, and thanked staff for all their efforts over the past few years. Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Wilson, seconded by Supervisor Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 2. SPECIAL USE PERMIT - Z2009064 - ARLINGTON VALLEY SOLAR ENERGY II Case Z2009064 Number: Supervisorial 5 District: Applicant: Arlington Valley Solar Energy, LLC for State of Arizona, LSP Arlington Valley LLC, Arlington Valley Solar Holdlings, LLC, and Scott Herbert Z Location: Approx. 3/4 mi. south of Southern Pacific Trl. and west of the 355th Ave. alignment (in the Tonopah/Arlington area) Request: Special Use Permit (SUP) for a 123 MW photovoltaic (PV) solar energy generation facility in the Rural-190 zoning district (approx. 1,160 ac.) Commission By a 7-0 vote recommended approval subject to stipulations “a” – “y”: a. Development Action: of the site shall be in substantial compliance with the Site Plan entitled “Arlington Valley Solar Energy II, LLC”, consisting of thirteen (13) full-size sheets, stamped received March 25, 2011 except as modified by the following stipulations. Within 30 days of Board of Supervisors approval, the applicant shall provide a revised Figure 3 which includes dimensions of the 32 square foot entrance sign and revisions removing the right-of-way dedication along 355th Avenue.b. Development of the site shall be in general conformance with the Narrative Report entitled “Arlington Valley Solar Energy II”, consisting of a bound document, 34 pages with figures and appendices, dated revised March 2011 and stamped received March 25, 2011 except as modified by the following stipulations. c. Any special events as described in the narrative report shall be limited to 30 people. The ground breaking event will exceed this maximum number; however, the developer will make provisions for off-site parking and shuttle service.d. Prior to zoning clearance for any permit, legal access documentation shall be provided for the main access point.e. Any existing vegetation along the eastern (355th Avenue) boundary to the applicant’s fence line and the southern boundary to the limits of Retention Pond E shall be maintained through construction and revegetation efforts in these areas shall be consistent with the Arlington Valley Energy Land Management Plan approved with CPA200004.f. All trees shall be double-staked when installed.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. h. Not Usedi. Prior to zoning clearance, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way.j. The following Maricopa County Environmental Services (MCESD) stipulations shall be met:• Prior to zoning Formal Meeting Minutes Wednesday, May 11, 2011 Page 33 of 42 clearance for issuance of the first facility building permit, all required permits for any required drinking water, sanitary and industrial wastewater permits by MCESD and Arizona Department of Environmental Quality (ADEQ) must be submitted to the appropriate agency.• No facility operation can begin prior to the approval of the above permits (issuance of an Approval to Construct) and a construction approval (Approval of Construction) of the required facilities signed by MCESD.k. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.l. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations.m. An archeological survey shall be submitted to and approved by the Arizona State Historic Preservation Office prior to issuance of a grading permit. The applicant must contact the State office prior to initiating disturbance of the site. The applicant shall provide the Planning and Development Department with written proof of compliance with this stipulation prior to zoning clearance for any building permits.n. The following Maricopa County Drainage stipulations shall be met:• 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 is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with the Drainage Regulation and design policies and standards.• All modeling and analysis shall be considered conceptual and shall be refined to a level appropriate for design with the request for construction permits. • Yearly status reports shall be required that shall demonstrate that the retention areas have been inspected and maintained as listed in the Operations and Maintenance of Drainage Systems section of the latest drainage report and with any additional information that Maricopa County may require to demonstrate that the projects drainage management system is in conformance with regulatory development requirements. • The requirements for status reports shall be in addition to the requirements for such reports determined by the Planning Division or other regulatory agencies. • With all applications of construction permits, final construction details shall be provided for all requested construction activity for which details were not requested a part of the entitlement case. This shall include, but not be limited to, fencing, signage, erosion protection, channel armoring and drywells • All construction activity shall be within the Special Use Permit (SUP) limits. • A schedule of construction shall be submitted with all phases of construction permit applications. • At time of construction permit application, all phases shall be demonstrated to meet regulatory development requirements independently from future phases or for prior phases not completed at time of final inspection. o. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the Buckeye Valley Fire 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.p. The applicant or his successor shall obtain approval of any development plans from the applicable Fire Marshall prior to any construction. q. This Special Use Permit shall expire forty (40) 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 shall be removed within 90 days of such termination or expiration.r. The applicant shall submit an annual written report 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 including maintenance of drainage facilities.s. 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. t. 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).u. 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.v. The granting of this change in Formal Meeting Minutes Wednesday, May 11, 2011 Page 34 of 42 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.w. If a building permit for the facility has not been issued within three (3) years from the date of Special Use Permit (SUP) approval, this SUP and the related Comprehensive Plan Amendments (CPA200808, CPA200914, CPA200915, and CPA200918) will be scheduled for public hearing by the Maricopa County Board of Supervisors, upon recommendation by the Maricopa Planning and Zoning Commission, to consider reverting the zoning to Rural-190 and the related land use designations to Open Space and Rural respectively. Additionally, in the event of the reversion, the Land Management Plan associated with CPA200004 shall be implemented.x. Prior to any ground disturbance activities and prior to the issuance of any construction permits, the developer shall provide assurance in an amount and form acceptable to the Maricopa County Planning & Development Department sufficient to restore or stabilize the entire site in the event the project is abandoned, expires, or otherwise becomes defunct. y. Per the February 28, 2011 recommendation of the Maricopa County Department of Transportation (MCDOT), the applicant agrees to provide paved access to the site. In the event that the Arizona State Land Department (ASLD) denies the applicant the ability to pave the road to Old US Highway 80, MCDOT shall have the discretion to accept an alternative form of surfacing. Paving or alternative surfacing must be in place before solar plant construction. (C-44-11-090-7-00) Chairman Kunasek commented that he was very pleased with the solar presentation given on Monday, May 9, 2011. Supervisor Wilcox stated how this is a new age for solar energy and it is very welcomed in the Valley. She also thanked staff for the presentation on Monday. Supervisor Wilson commented how amazing it is that the County is looking at different forms of energy and feels they are moving in the right direction. He believes in the end the public will be the winner. Motion to concur with the recommendation of the Planning Commission for approval by Supervisor Wilcox, seconded by Supervisor Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox 3. SPECIAL USE PERMIT - Z2010105 - AT&T X487-BB Case Z2010105 Number: Supervisorial 4 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) Formal Meeting Minutes Wednesday, May 11, 2011 Page 35 of 42 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 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 Formal Meeting Minutes Wednesday, May 11, 2011 Page 36 of 42 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. This item was continued from the April 27, 2011 meeting. Note: Super-majority vote of BOS is needed for SUP approval. (C-44-11-085-7-00) Tim Bermer, AT&T Mobility, advised the Board that they are requesting a 60-day continuance due to neighborhood opposition. Mr. Bermer stated that they would use this time to meet with residents that are in opposition and address their concerns. Rickie Shaffer, resident, stated that he is in opposition of the cell tower being placed in a residential area and feels placing it further down the road on a church lot, which is zoned for commercial use, would be better. Motion to continue Item until July 6, 2011 by Supervisor Wilson, seconded by Supervisor Stapley Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ___________________________________ Andrew Kunasek, Chairman of the Board ATTEST: ___________________________________ Fran McCarroll, Clerk of the Board FLOOD CONTROL DISTRICT AGENDA AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES The Board of Directors of the Flood Control District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, May 11, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4; 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. F-1. EASEMENT, RIGHT-OF-WAY, AND RELOCATION ASSISTANCE DOCUMENTS Approve easements and right-of-way acquisition documents, appraisal and relocation Formal Meeting Minutes Wednesday, May 11, 2011 Page 37 of 42 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-06-11-454-7-00) Motion to approve by Director Stapley, seconded by Director Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox FLOOD CONTROL DISTRICT ADDENDUM ADÉNDUM DE DISTRITO DE CONTROL DE INUNDACIONES FA-1. SETTLEMENT WITH RIGGS/HAWES L.L.C. Approve the Settlement in the amount of $767,697.37 between Maricopa County and Plaintiff(s), in Flood Control District of Maricopa County v. Riggs/Hawes L.L.C., concerning case No.CV2010-053943. Authorize the Chairman to sign any necessary documents upon review and approval as to form by assigned legal counsel. This item was discussed in Executive Session on May 9, 2011. (C-06-11-458-S-00) Motion to approve by Director Stapley, seconded by Director Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox FA-2. SET HEARING FOR 2011R005 FLOODPLAIN REGULATIONS FOR MARICOPA COUNTY Pursuant to A.R.S. §§48-3603 and §48-3609 set a public hearing for June 22, 2011 to solicit comments and consider the adoption and enforcement of Resolution 2011R005 regarding the proposed Flood Control District 2011 Floodplain Regulations for Maricopa County including the associated fee schedule. Publish a public notice thirty (30) days prior to the Public Hearing with the time, place, and date (June 22, 2011). Upon Flood Control District Board of Directors' approval, this item will become effective June 22, 2011. In accordance with A.R.S., §48-3603 and §48-3609 the Flood Control District Board of Directors are directed to adopt and enforce Resolution 2011R005 the 2011 Floodplain Regulations of Maricopa County including fees. The A.R.S., also directs the Flood Control District of Maricopa County (District) to provide floodplain management to communities that have elected not to assume their own floodplain management and all unincorporated areas within Maricopa County. It is the purpose of the 2011 Floodplain Regulations is to comply with A.R.S §48 3609 and 44 CFR Ch.1. et seq. (pertaining to the National Flood Insurance Program) to promote and protect the health, peace, safety, comfort, convenience, and general welfare of the residents within the jurisdictional area of Maricopa County, Arizona. To minimize public and private losses due to flood conditions in specific areas, and to enable Maricopa County and its residents to participate in the National Flood Insurance Program, receive Federal Disaster Assistance, obtain flood insurance and reduce the cost of flood insurance. The Floodplain Administrator, as designated by the Flood Control District Board of Directors. shall be the Chief Engineer and General Manager of the Flood Control District of Maricopa County who shall administer and enforce these Regulations. (C-69-11-062-7-00) Motion to approve by Director Stapley, seconded by Director Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox Formal Meeting Minutes Wednesday, May 11, 2011 Page 38 of 42 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 AGENDA DEL DISTRITO DE BIBLIOTECA The Board of Directors of the Library District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, May 11, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4; 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. L-1. DONATIONS In accordance with County Policy A2805, accept the monthly donation report received from Library District for April 2011. Donation reports are on file in the Clerk of the Board’s Office. (C- 06-11-453-7-00) Formal Meeting Minutes Wednesday, May 11, 2011 Page 39 of 42 Motion to approve by Director Brock, seconded by Director Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox L-2. DONATIONS FROM FRIENDS OF THE LIBRARY DISTRICT Accept the donation of print material for the Southeast Regional Library valued at $30,000 from the Friends of the Southeast Regional Library. Accept the following cash donations: $500 for the 2011 Summer Reading Program from the New Friends of the Goodyear Branch Library; and the following cash donations for the District's Staff Inservice Training Day: $400 from the New Friends at the Ed Robson Branch Library, $350 from the Friends of the Queen Creek Library, $500 from the New Friends of the North Valley Regional Library, $250 from the Friends of the Sun City Library, $500 from the Friends of the Southeast Regional and Perry Branch Libraries, and $500 from the Fountain Hills Library Association. Approve an increase to the FY 2010-2011 budget for the Library District (650), Library District Fund (244), Non-Recurring/Non-Project (0001) revenues and expenditures appropriated budget in the amount of $3,000. This year's Summer Reading Program is "One World, Many Stories." In 2010, 26 locations participated in the District's SRP serving over 32,000 children and teens. The District's Staff Inservice Day will be held at the new White Tank Branch Library on April 15th giving all staff members the opportunity to see the new LEED certified Platinum building and networking with each other and exchanging ideas on how better to serve our customers. (C-65-11-016-M-00) Motion to approve by Director Brock, seconded by Director Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox L-3. SOLE SOURCE CONTRACT WITH ACTIVE GOVERNMENT SOLUTIONS Approve a Sole Source Contract with Active Government Solutions for the purchase of ongoing maintenance and services for the Class POS software. The term of this contract is for three years beginning upon approval of the Board. The Sole Source is estimated at $190,000 over the three-year term. Active Government Solutions created and maintains the Class POS system that is integrated with the Library Information system. This sole source was publicly advertised from March 17, 2011 to March 31, 2011 and was conducted in accordance with the Maricopa County Procurement Code and the County's Sole Source Procedure. (C-65-11-017-3-00) Motion to approve by Director Brock, seconded by Director Wilson Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ___________________________________ Andrew Kunasek, Chairman of the Board ATTEST: Formal Meeting Minutes Wednesday, May 11, 2011 Page 40 of 42 ___________________________________ Fran McCarroll, Clerk of the Board STADIUM DISTRICT AGENDA - AGENDA DEL DISTRITO DE ESTADIO The Board of Directors of the Stadium District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, May 11, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4; and 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 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 F82303. 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, April 13, 2011 and April 27, 2011 meetings. THIS ITEM REQUIRES UNANIMOUS CONSENT OF THE BOARD. (C-74-11-006-V-00) Formal Meeting Minutes Wednesday, May 11, 2011 Page 41 of 42 Motion to approve in a roll call vote by Director Stapley, seconded by Director Wilcox Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ___________________________________ Andrew Kunasek, Chairman of the Board ATTEST: ___________________________________ Fran McCarroll, Official Record Keeper BOARD OF DEPOSIT ADDENDUM The Board of Directors of the Board of Deposit of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:00 AM on Wednesday, May 11, 2011, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Andrew Kunasek, Chairman, District 3; Fulton Brock, Vice Chairman, District 1; Don Stapley, District 2; Max Wilson, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Debra Love, Minutes Coordinator; David Smith, County Manager; and Paul Golab, Legal Counsel. BOD-1. AMENDMENT TO THE BANK SERVICING AGREEMENT WITH JPMORGAN CHASE BANK N.A. Approve Amendment No.1 to the Bank Servicing Agreement (Serial: 10016-ITN, C-73-11- 036-7-00) with JPMorgan Chase Bank N.A. originally approved on November 3, 2010. This amendment clarifies the parties/signatories to the agreement. All other terms and conditions as originally stated remain the same. (C-73-11-036-7-01) Motion to approve by Director Stapley, seconded by Director Brock Ayes: Kunasek, Brock, Stapley, Wilson, Wilcox MEETING ADJOURNED Formal Meeting Minutes Wednesday, May 11, 2011 Page 42 of 42 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