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Special Meeting Minutes Tuesday, September 29, 2020 10:15 AM BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts, Housing Authority of Maricopa County, Housing Authority of Maricopa County and/or Board of Deposit) "The mission of Maricopa County is to provide regional leadership and fiscally responsible, necessary public services to its residents so they can enjoy living in healthy and safe communities” Board Members Clint Hickman, Chairman, District 4 Jack Sellers, Vice Chairman, District 1 Steve Chucri, District 2 Bill Gates, District 3 Steve Gallardo, District 5 County Manager Joy Rich Clerk of the Board Fran McCarroll Meeting Location Supervisors' Conference Room 301 W Jefferson, 10th Floor Phoenix, AZ 85003 BOARD OF SUPERVISORS The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Special Session at 10:15 AM on Tuesday, September 29, 2020, in the Supervisors' Conference Room 301 W. Jefferson, 10th Floor Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Jack Sellers, Vice Chairman, District 1; Steve Chucri, Supervisor, District 2 (telephonically); Bill Gates, Supervisor, District 3 (telephonically); Steve Gallardo, Supervisor, District 5 (telephonically). Also present: Fran McCarroll, Clerk; Joy Rich, County Manager (telephonically); Andrea Cummings, Legal Counsel (telephonically); Kelly Gardiner, Minutes Coordinator. ACTION 1. AMEND CONTRACT FOR THE SMALL BUSINESS SUPPORT PROGRAM Authorize and approve the Arizona Community Foundation (ACF) contract amendment to continue the administration of the Small Business Support Program. The initial program contract was approved by the Board on June 30, 2020 (C-06-20-573-M-00), for $22.5 million which included program disbursements to approved applicants along with ACF’s fee of 1.9% (not to exceed $500,000). On September 16, 2020, the Board approved changes to the CARES Act Budget (C-06-21-174-X-00) that included adding an additional $40 million to allow for the expansion of the existing small business program. The amended contract allows for ACF to continue managing the program and to receive an additional $40 million for program costs associated with eligible applicants; increases their fee from 1.9% to 3.25% (not to exceed $1,300,000) for the additional $40 million program cost; includes the businesses within the cities of Phoenix and Mesa as eligible applicants; extends the application period from October 2nd to October 30th; along with other minor administrative changes. The amended contract has been reviewed and approved by the Office of Procurement Services and the County Attorney. (C-06-20-573-M-00) Chairman Hickman asked Lee Ann Bohn, Assistant County Manager, to come forward to answer questions. Supervisor Chucri asked about the increase in the management fee with the Arizona Community Foundation (ACF). Ms. Bohn said the initial agreement with ACF included a 1.9% management fee. As the requirements for the program changed, there was a Special Meeting Minutes Tuesday, September 29, 2020 Page 2 of 10 large increase in applications for assistance. For the ACF to continue to manage the program and process the applications in a timely fashion, ACF had to bring on additional staff which increased the fee structure for the agreement. The increase of $40 million in program costs was confirmed by Ms. Bohn. Supervisor Gallardo thanked the departments that have taken charge and the ACF for their work. He said he is glad the money supplied by the federal government is being used as it is intended for those in need. Supervisor Sellers echoed the comments of his colleagues. Chairman Hickman said using the CARES monies to support the businesses that have helped the economy grow is the right thing to do. He stated the County has asked Phoenix and Mesa to contribute to the CARES funding and he asked Ms. Bohn how much Phoenix and Mesa have put toward their small business programs and if they have spent all their funds. Ms. Bohn said Phoenix spent some of their allotment for small businesses but not all and Mesa does not have a small business program. She said there were some exclusions from this program because they had utilized other programs. Chairman Hickman said it is important to assist the municipalities who contribute to the economic health of Maricopa County. Chairman Hickman said the local Chambers of Commerce need to know what programs are available so they can get the word out to their membership. He asked if the County can reimburse the Chambers if they advertise for the County? Ms. Bohn said an agreement with the Chamber would need to be a separate program targeted at all businesses not just membership businesses. Supervisor Chucri said he had a meeting with Mesa Vice Mayor, Mark Freeman to let him know about the County’s expectation and protocols for the program. He said it is important to help the small and niche businesses get their businesses up and running again. Supervisor Chucri said it would be helpful to have organizations like Chicanos Por La Causa help get the word out. Supervisor Gallardo asked about accountability for small businesses when utilizing the funds. Ms. Bohn said in the original agreement with ACF, the marketing guidelines were laid out for businesses that used the program money. He stated it is important the smallest businesses know these programs are available. Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 2. LEASE AGREEMENT L-7510 WITH 1900 UNIV AZ LLC Approve and execute Lease Agreement L-7510 (Agreement) with 1900 UNIV AZ LLC (Lessor) for the use of 12,800 rentable square feet of rental space located at 1900 E. University Dr., Suite 6A, Mesa Arizona 85203; and approve and authorize the Deputy County Manager for Maricopa County or the Real Estate Director for Maricopa County, each individually and separately, to administer this Agreement as appropriate and necessary, which authority includes but is not limited to, execution of Subordination, Non-Disturbance and Attornment, Estoppel, Notice documents and Punch List Items. The purpose of this Agreement is to allow Maricopa County (Lessee) exclusive use of the premises as a polling location and other associated activities/use/services for the upcoming 2020 General election. The term of the Agreement shall commence on the Special Meeting Minutes Tuesday, September 29, 2020 Page 3 of 10 effective date, five (5) days after full execution, for a period of approximately three (3) months. Lessee agrees to pay as gross rent, in equal monthly installments the sum of $15,000.00 for a total of $45,000.00. Lessee is also responsible to reimburse Lessor for utility costs to the premises and for any maintenance costs, not to exceed $5,000.00, to keep the Premises operational during the term. Lessee will provide its own portable heating, ventilation and cooling to the premises. Lessor shall maintain the Premises in good condition. This Agreement is subject to A.R.S. § 38-511 and may be terminated by mutual agreement, or pursuant to the terms of the Agreement. This item is located in Supervisory District 2. (C-36-21-005-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 3. RESCIND AND REPLACE AGREEMENTS BETWEEN MARICOPA COUNTY BOARD OF SUPERVISORS AND MARICOPA COUNTY WORKFORCE DEVELOPMENT BOARD Request the Board of Supervisors approve the following actions: 1. Rescind the actions taken by Board of Supervisors on June 24, 2020 to approve the Shared Governance Agreement between Maricopa County and its Maricopa County Board of Supervisors (BOS), the Chief Elected Officials (CEOs) under the Workforce Innovation and Opportunity Act (WIOA), and the Maricopa County Workforce Development Board (WDB), and specific designations and responsibilities assigned to the Human Services Department. Changes to the Agreement are required. 2. Approve the revised Shared Governance Agreement between Maricopa County and its Maricopa County Board of Supervisors (BOS), the Chief Elected Officials (CEOs) under the Workforce Innovation and Opportunity Act (WIOA), and the Maricopa County Workforce Development Board (WDB), the local workforce development board as designated by the Governor of Arizona will be replaced in its entirety with a new Shared Governance Agreement. a. Through the Shared Governance Agreement, the roles and responsibilities of the BOS and WDB are defined and detail the functions of the required roles to provide workforce investment activities, including the role of the fiscal agent and youth services provider. i. Approve the designation of the Maricopa County Human Services Department (HSD) to serve as WIOA Fiscal Agent. ii. Approve the designation of HSD to provide all youth workforce investment services in the Maricopa County (excluding the City of Phoenix) local workforce area. iii. Delegate signatory capacity to the Chairman of the BOS for the Shared Governance Agreement. b. Pursuant to CFR 681.400(a), the County has exercised its option to directly provide all youth workforce investment activities in Maricopa County. Should the County cease exercising its option to provide youth workforce investment activities directly, the WDB could chose to award grants or contracts to youth service providers pursuant to the requirements set forth is CFR 681.400(b), including, but not limited to, requiring said grants and contracts be awarded on a competitive basis. c. The Shared Governance Agreement shall be effective July 1, 2020 through June 30, 2023 unless terminated as provided therein. Special Meeting Minutes Tuesday, September 29, 2020 Page 4 of 10 3. Approve a Service Provider Memorandum of Understanding (MOU) between the Maricopa County Workforce Development Board (“WDB”) and the Maricopa County Human Service Department (“Provider”) to be a Service Provider for the WDB. This MOU is made in accordance with the policy of the Workforce Arizona Council. a. The purpose of the MOU is to document the Parties’ agreement that the Provider the WIOA Title 1B Adult, Dislocated Worker, Youth, and Rapid Response service provider within the Maricopa County local workforce area. b. This MOU shall be effective the date signed by both Parties, until December 31, 2023. c. The MOU may be extended for two (2) additional one (1) year terms, upon acceptance and approval by the Parties. The WDB shall provide notice of intent to renew (60) days prior to the end of the term. 4. Authorize the Chairman of the Board of Supervisors as the designated signatory for the MOU on behalf of the Maricopa County Board of Supervisors and for the Provider, the Maricopa County Human Services Department. WIOA requires that a shared governance agreement and service contract be entered into to delineate the role and responsibilities of the BOS, WDB (and its staff), Fiscal Agent, and the Service Provider when one entity is performing multiple roles. Supervisor District: All (C-22-17-067-3-02) Chairman Hickman asked Lee Ann Bohn, Assistant County Manager, to come forward to answer questions. He stated the Workforce Development Board (WDB) has received a lot of attention in the past several months and thanked Ms. Bohn for her tireless work in getting the WDB membership replenished. He asked Ms. Bohn if there were still vacancies on the WDB. She stated there have been 10 new members appointed since February 2020 with 17 of the 19 positions filled. She said the WDB is looking for two representatives in the Business Category with specific requirements needed. Chairman Hickman asked his colleagues to keep the WDB in mind for new members to fill the positions mentioned by Ms. Bohn. Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 4. PERMITTING FOR LARGE SPECIAL EVENTS Adopt regulations and procedures for large special event permitting in unincorporated Maricopa County. (C-44-21-089-X-00) Chairman Hickman asked Jennifer Pokorski, Director of Planning and Development, to come forward to answer any questions. Supervisor Gallardo thanked Ms. Pokorski and her staff for all the work that went into creating revised regulations for special events during the pandemic. He said people want to get together and the regulations guide the public and help minimize the risk of contracting the Coronavirus. Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Special Meeting Minutes Tuesday, September 29, 2020 Page 5 of 10 Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo STATE OF ARIZONA COUNTY OF MARICOPA REGULATIONS FOR LARGE SPECIAL EVENT PERMITTING IN UNINCORPORATED MARICOPA COUNTY WHEREAS, on March 11, 2020, the Governor of the State of Arizona issued a Declaration of Public Health Emergency due to the necessity to prepare for, prevent, respond to, and mitigate the spread of COVID-19; and WHEREAS, COVID-19, a respiratory disease that can result in serious illness or death, is caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can spread from person to person; and WHEREAS, the current scientific understanding of this virus from the U.S. Centers for Disease Control and Prevention indicates that it spreads mainly from person to person, mainly through respiratory droplets produced when an infected person talks, coughs, or sneezes; and WHEREAS, these respiratory droplets can land in the mouths or noses of nearby people or can possibly be inhaled into the lungs; and WHEREAS, spread is more likely when people are in close contact with one another (within 6 feet); and WHEREAS, currently there is no vaccine, treatment, or cure for COVID-19; and WHEREAS, pursuant to Executive Order No. 2020-43, § 1, the Governor of the State of Arizona has prohibited “organized public events of more than 50 people” unless a city, town or county in unincorporated areas has approved the event where there are adequate safety precautions, including physical distancing measures; and WHEREAS, Maricopa County has authority to promulgate regulations to mitigate the spread of infectious disease for the protection and preservation of public health pursuant to A.R.S. § 26-307; NOW, THEREFORE, IT IS HEREBY ORDERED that, as a result of the aforementioned conditions, it is the policy of Maricopa County that all organized public events of more than 50 persons that require a permit from a Maricopa County department shall be subject to the following regulations: I. Definitions A. “Special event” means an organized public event in unincorporated Maricopa County that requires a permit that is special or temporary in nature from a Maricopa County department. B. “Large special event” means an organized public event of more than 50 Special Meeting Minutes Tuesday, September 29, 2020 Page 6 of 10 persons at one time in unincorporated Maricopa County that requires a permit that is special or temporary in nature from a Maricopa County department, as established in the Governor of Arizona’s Executive Order 2020-43, § 1 (Jun. 29, 2020). i. “Large special event” does not mean an event for which there will be more than 50 persons over the course of the entire event, but their attendance will be staggered, ticketed, limited, or otherwise spread out over the duration of the event so that no more than 50 people will be on the property at any given time C. “Large special event COVID-19 mitigation plan” means an operational plan drafted by the special event permit applicant who is proposing a large special event. The purpose of the large special event COVID-19 mitigation plan is to ensure the adoption of adequate safety precautions for COVID-19 mitigation tailored to the proposed large special event. D. “Large special event permit” means a permit issued by the Maricopa County Planning and Development Department, in consultation with the Maricopa County Department of Public Health, after consideration of the special event permit applicant’s large special event COVID-19 mitigation plan and public health concerns related to COVID-19. E. “Special event permit applicant” means an event organizer, host, owner, manager, or other person, whether corporeal or corporate, with responsibility for obtaining a permit that is special or temporary in nature from a Maricopa County department for the proposed special event. F. “Permitted large special event” means a large special event approved by Maricopa County consistent with Executive Order 2020-43, § 1 (Jun. 29, 2020) and these regulations. II. Requirements for a large special event A. A large special event without the special event permit established by these regulations is prohibited. B. A permitted large special event shall abide by its approved large special event COVID-19 mitigation plan. C. Consistent with Executive Order No. 2020-43, § 1, nothing in these regulations “shall inhibit a person from engaging in constitutionally protected activities such as speech and religion, and any legal or court processes provided that such is conducted in a manner that provides appropriate physical distancing to the extent feasible.” III. Procedures for Maricopa County departments A. All Maricopa County departments shall incorporate the following process for a permit that is special or temporary in nature: i. Include the following question on all permitting request forms for events in Special Meeting Minutes Tuesday, September 29, 2020 Page 7 of 10 unincorporated Maricopa County (regardless of department): Do you reasonably anticipate that your event will host more than 50 persons at one time present at the event? ii. Refer special event permit applicants that answer “yes” to this question to the Maricopa County Planning and Development Department to apply for a large special event permit consistent with these regulations. B. Maricopa County Planning and Development Department will adopt a large special event permit process and issue special event permits consistent with these regulations. i. The large special event permit process shall require a special event permit applicant to submit a large special event COVID-19 mitigation plan. ii. Maricopa County Planning and Development Department shall issue a large special event permit only if, after consultation with the Maricopa County Department of Public Health, the special event permit applicant’s large special event COVID-19 mitigation plan and public health concerns related to COVID-19 justify issuance of the permit. iii. Maricopa County Planning and Development Department shall develop an accelerated appeal process with a hearing officer for a large special event permit applicant who disagrees with the denial or revocation of a large special event permit. IV. Procedures for a special event permit applicant A. A special event permit applicant must truthfully answer “no” or “yes” to the following question on all applicable permitting request forms: Do you reasonably anticipate that your event will host more than 50 persons at one time present at the event? B. If the special event permit applicant answers “no,” then no further action regarding adequate safety precautions for COVID-19 mitigation is required. All special event permit applicants are encouraged to follow recommended guidance from public health authorities when hosting special events. C. If the special event permit applicant answers “yes,” then the special event permit applicant must prepare and submit a large special event COVID-19 mitigation plan to the Maricopa County Planning and Development Department. D. That plan must address, at a minimum, how the following COVID-19 mitigation strategies will be tailored to the proposed large special event: i. Physical distancing measures and face coverings where physical distancing is impractical; ii. Sufficient hygiene stations for hand washing; Special Meeting Minutes Tuesday, September 29, 2020 Page 8 of 10 iii. Appropriate signage and messages regarding best practices for COVID- 19 mitigation; and iv. Adequate staff and/or volunteer training to enforce these mitigation strategies. E. Special event permit applicants preparing a large special event COVID-19 mitigation plan are advised to contact the Maricopa County Planning and Development Department for further guidance. F. Special event permit applicants are also encouraged to review relevant CDC guidance at https://www.cdc.gov/coronavirus/2019- ncov/community/large- events/considerations-for-events-gatherings.html. G. The Maricopa County Planning and Development Department, in consultation with the Maricopa County Department of Public Health, will only issue the special event permit if the large special event COVID-19 mitigation plan contains adequate safety precautions for COVID-19 mitigation. H. A special event permit applicant may appeal the determination of the Maricopa County Planning and Development Department with respect to the denial of a request for a large special event permit. i. The special event permit applicant must file the appeal with the Maricopa County Planning and Development Department within 10 days of the determination. ii. A large special event permit appeal form will be available from the Maricopa County Planning and Development Department. iii. The special event permit applicant must attach to a completed appeal form the permit application, the large special event COVID-19 mitigation plan, and the determination of the Maricopa County Planning and Development Department. iv. The Maricopa County Planning and Development Department shall not consider an appeal that does not follow these procedures. v. The Maricopa County Planning and Development Department shall refer the matter to a hearing officer within 5 business days of receiving the required appeal form and accompanying documentation. The hearing officer shall hold a hearing within 10 business days of receiving the transmitted materials. The hearing officer shall issue a decision within 10 business days of holding the hearing. The hearing officer’s decision is final. Judicial review of the final decision by the hearing officer shall be pursuant to title 12, chapter 7, article 6. Special Meeting Minutes Tuesday, September 29, 2020 Page 9 of 10 V. Territorial Applicability A. These regulations apply only to large special events in unincorporated Maricopa County and large special events that take place on Maricopa County property, including land managed by the Maricopa County Parks and Recreation Department. VI. Enforcement A. Any complaints received concerning large special events or suspected large special events will be investigated by the Maricopa County Planning and Development Department. B. If a complaint is substantiated, it will be referred to law enforcement and may result, at a minimum, in a determination by the Maricopa County Planning and Development Department that summarily revokes the large special event permit. i. A special event permit applicant may appeal the Maricopa County Planning and Development Department’s revocation determination through the process described in Section IV.H. of these regulations within 10 days of the determination. C. A large special event held without the special event permit established by these regulations is a violation of Executive Order No. 2020-43, § 1. Under A.R.S. § 26- 317, any person who knowingly fails or refuses to obey any lawful order issued by the Governor as provided in A.R.S. § 26-303 “shall be guilty of a class 1 misdemeanor.” D. A permitted large special event that does not abide by its approved large special event COVID-19 mitigation plan may subject the special event permit applicant and/or special event organizer(s), manager(s), and/or owner(s) to a civil penalty of not more than $2,500 per date of offense. VII. Severability It is the intent of Maricopa County that if a provision of these regulations or their application to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or applications of the regulations that can be given effect without the invalid provision or application, and to this end the provisions of this regulation are severable. IT IS FURTHER PROCLAIMED AND ORDERED that these regulations shall remain in place until further notice of repeal or revision by the Maricopa County Board of Supervisors. ADOPTED by the Maricopa County Board of Supervisors, Maricopa County, Arizona, this 29th day of September 2020. /s/ Clint Hickman, Chairman, Maricopa County Board of Supervisors ATTEST: /s/ Fran McCarroll, Clerk of the Board Approved as to form: /s/ Emily Craiger, Deputy County Attorney Special Meeting Minutes Tuesday, September 29, 2020 Page 10 of 10 MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Clint Hickman, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board