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"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 Bill Gates, Chairman, District 3 Clint Hickman, Vice Chairman, District 4 Denny Barney, District 1 Steve Chucri, District 2 Steve Gallardo, District 5 County Manager Joy Rich Clerk of the Board Fran McCarroll Meeting Location Supervisors' Auditorium 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING SUMMARY 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 49 Flood Control District 51 Library District 54 Stadium District 56 Board of Deposit No Meeting Wednesday, January 30, 2019 9:30 AM Formal Meeting Minutes Wednesday, January 30, 2019 Page 2 of 54 1. INVOCATION - INVOCACIÓN The invocation was led by Candice Copple, Chief of Staff, District 1. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Candice Copple, Chief of Staff, District 1, 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 9:30 AM on Wednesday, January 30, 2019, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Denny Barney, District 1; Steve Chucri, District 2 (via telephone; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. Chairman Gates announced this would be Supervisor Barney’s last meeting on the Board of Supervisors and there would be a presentation and special guests at the end of the meeting. 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 Jose Santiago, Maricopa Animal Care and Control (MCACC), introduced two small dogs named Romeo and Juliet. They are available for adoption today at the West Shelter located at 2500 S. 27th Ave., Phoenix, AZ 85009. The adoption fee is $200 each. He informed the Board of a unique promotion this weekend. If a person comes in to adopt wearing their favorite team’s jersey, adoption fees will be 50% off. Supervisor Chucri apologized for having to attend the meeting by phone today. He wanted to take a moment to let Supervisor Barney know it has been a pleasure serving with him on the Board of Supervisors. He said he knows Supervisor Barney will go forward and do great things. NOTE: Agenda item #53 was taken out of order and heard before agenda item #PZ-1. 53. ARIZONA PUBLIC SERVICE (APS) GRANT OF UTILITY EASEMENT Approve the granting of a non-exclusive utility easement, without a public auction pursuant to A.R.S. 11-251 (9), to Arizona Public Service Company (APS), and its successors and assigns, in, upon, over, under, through and across the County’s property identified as Estrella Mountain Regional Park (APN 500-79-008); and AUTHORIZE the Chairman of the Board to execute all necessary documents approved by Counsel to grant such easement. This item is located in Supervisorial District 5. Formal Meeting Minutes Wednesday, January 30, 2019 Page 3 of 54 This easement is necessary to provide electric service for Estrella Mountain Regional Park and will grant APS the right to construct, reconstruct, replace, repair, operate, and maintain electrical lines for the transmission and distribution of electricity (and for all other purposes connected therewith). This easement is in accordance with the Maricopa County Park Land Disposal Policy and Procedure (Policy A2610), Section II, C. 2, amended and approved by the Board of Supervisors on October 10, 2018 (C-30-19-006-6-00). THIS ITEM REQUIRES THE UNANIMOUS CONSENT OF THE BOARD OF SUPERVISORS (C-78-19-007-3-00) Motion to approve by roll call vote by Supervisor Barney, seconded by Supervisor Gallardo The Clerk called the roll with the following result: Ayes: Barney, Chucri, Gates, Hickman, Gallardo PLANNING AND ZONING AGENDA AGENDA DE PLANIFICACIÓN Y ZONIFICACIÓN ***The Board of Supervisors will now consider matters related to Planning and Zoning*** REGULAR AGENDA - AGENDA REGULAR PZ-1. ACOMA ESTATES Case #: Z2018010 Supervisor District: 4 Applicant / Owner: Adam Baugh, Withey Morris PLC / KMK, LLC., Kevin Kright Request: Zone change from Rural-43 to R1-10 RUPD Site Location: Generally located at the northwest corner of 73rd Ave. & Acoma Dr., in the Peoria area Commission Recommendation: On 12/13/18, the Commission voted 6-0-1 to recommend approval of Z2018010 subject to conditions ‘a’ – ‘k’: a. Development of the site shall comply be in substantial conformance with the Site Plan entitled “Acoma Estates Conceptual Site Plan“, consisting of one (1) full-size sheet, dated November 2018, stamped received November 15, 2018 except as modified by the following conditions. The applicant shall provide an updated site plan reflecting the revised development standards and landscaping requirement per the following conditions to the Planning and Development Department within 30 days of Board of Supervisor’s approval. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Acoma Estates”, consisting of 7 pages, dated December 4, 2018, and stamped received December 4, 2018,except as modified by the following conditions. The applicant shall provide an updated narrative report reflecting the revised development standards and landscaping requirement per the following conditions to the Planning and Development Department within 30 days of the Board of Supervisor’s approval. c. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services Formal Meeting Minutes Wednesday, January 30, 2019 Page 4 of 54 for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the final plat for each phase must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2018010 which details the status of this project, including progress on obtaining subdivision infrastructure and/or construction permits. The status report to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for undeveloped parcels. Status reports will be required until completion of the initial subdivision infrastructure and/or construction permits for each zoning parcel R1-10 RUPD. e. The following R1-10 RUPD standards shall apply: 1. Height: 30’, all Llots 12 – 19 shall be limited to single story 2. Front Yard: 20’ or 10’ for side loaded garage or livable space 3. Side yard: 510’ only applies to lots with single story homes 4. Rear Yard: 1520’ only applies to lots with single story homes 5. Lot Area: 12,000 11,600 sq. ft. 6. Lot Width: 80’, Lot #24 a minimum width of 34’ and Lot #25 a minimum width of 56’ 7. Average Lot Area Per Dwelling Unit: 17,000 sq. ft. 8. Lot Coverage;: 55% only applies to lots with single story homes f. The following Paradise West community conditions shall apply: 1. Development of the property shall be in substantial conformance with the 28-lot site plan dated November 2018. 2. There shall be no lots immediately abutting the north property line. 3. Lots 12-19 shall be single story only. 43. Streetlights within the development shall be installed at street intersections only. g. The zone change is applied to restrict the use of the site. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD). g. Prior to approval of the initial final plat or precise plan of development approval, the applicant shall provide the Maricopa County Planning and Development Department with a signed and recorded pre-annexation agreement with the City of Peoria that identifies the detail for when the proposed project will be annexed. This pre-annexation agreement shall be approved by City of Peoria. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. i. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. j. 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 allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, 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, does not reduce any rights that existed on the date of application to use, divide, Formal Meeting Minutes Wednesday, January 30, 2019 Page 5 of 54 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 of the zone change. The zone change enhances the value of the property above its value as of the date the zone change is granted and reverting to the prior zoning results in the same value of the property as if the zone change had never been granted. k. Acoma Estates shall provide an open space/landscape tract of 20’ from Acoma Drive right-of-way. Landscaping shall include 2” caliper trees to be planted 20’ on center and (5) 5-gallon shrubs per tree. The landscaping shall be xerophytic species. This item was continued from the January 16, 2019 meeting. (C-44-19-074-M-00) Chairman Gates explained that each side would be allowed 10 minutes collectively to speak on this matter. Darren Gerard, Deputy Director, Planning and Development Department, came forward and provided the background on this item explaining this is a 15 acre zone change from Rural-43 to R1-10 RUPD. He said there has been a project modification with suggested stipulation revisions and he reviewed the modifications. Some in opposition have suggested R1-18 zoning that would result in only 27 lots. The level of opposition has triggered a super-majority vote and he informed the Board of the numbers of those in opposition and in support. This property is generally located in the northwest corner of 73rd Ave. and Acoma Dr. Mr. Gerard informed the Board this subject site is the last large tract of undeveloped land within this county island. He provided information about the City of Peoria annexation of land and their zoning in and around this particular county island. Access to this project will be by Acoma Dr. There is a Peoria General Plan Land Use element policy that has been discussed and has raised some concern. The policy allows high density residential developments to have direct access onto arterial streets. The proposed R1-10 zoning with the minimum 11,600 square foot lots is not considered to be high density. To date there have been zero comments from the City of Peoria other than from city engineering. The recommendation for rezoning approval includes the condition that there be an executed pre-annexation agreement prior to rezoning. The City of Peoria will be providing water, sewer, police and fire protection. The Planning Commission unanimously approved this rezoning request subject to stipulations “a” – “k” with modifications recommended by staff. Chairman Gates asked Fran McCarroll to read the names from the speaker slips into the record. Ms. McCarroll explained there were two groups all in opposition. The first group will speak only if necessary and the second group only wants it registered they are in opposition. First Group Second Group Angela Horst Randy Franzmeier Earl Moses Stacy Oliver Jeremiah Leake Jason Schwade Kimberly Leake Bradley Burchfield Robert Warengo Chris Teixeira Anne Nichols Jennifer Cassern Stephen Nichols Andrea Weniger Formal Meeting Minutes Wednesday, January 30, 2019 Page 6 of 54 First Group Second Group Karol Qualman Everett Lucas, Jr. Edward Sevorsen Tamera Hatfield Roger Swalec Tom Leach Susan Leach Donald Richardson Judy Richardson Adam Baugh, representing the applicant, asked for eight minutes to begin and leave two minutes for rebuttal at the end. He explained that he has been working on this case for over a year. He has met with many individuals and even though there is a degree of opposition they have been nice and friendly people. Mr. Baugh hope to illustrate why this case makes good land planning sense. This is a good example of an in-fill project. This in-fill parcel consists of approximately 14 acres. Maricopa County will usually refer to municipal plans as guides when making decisions involving county islands in anticipation of annexation. He stated that the general zoning in the area was reviewed and the zoning pattern for in-fill parcels in the area is R1-8, some R1-10 and some R1-18. This is also consistent with the City of Peoria infrastructure. He noted that an in-fill parcel development close by with higher density was zoned R1-10. Access to this project is to a collector street and not to Thunderbird Rd. He noted there are irrigation ditches on all four sides with a landscape buffer on all four sides that will allow continued irrigation delivery that is available in this area. There will be a 20 foot setback along Acoma Dr. and the applicant has agreed to rural lighting standards. Mr. Baugh noted that neighborhood outreach has been extensive. He reviewed a list of reasons for opposition that was taken from community feedback. Scott Olivier, resident, provided a history of the area and noted the county island has remained the same for over 50 years. He reviewed generational ownership of the properties. He explained annexation has been fought against for years and explained how unique the area is. He claimed that R1-10 does not fit in this proposed area. He spoke about owner rights and explained that the applicant knew this property was zoned as R1-43 when the property was purchased. He said there is no formal plan with the City of Peoria and there are other zoning possibilities for this property. Tim LaSota, resident, asked for people in the audience who are opposed to this case to raise their hands and noted how many had taken the time to come downtown on this matter. He noted that as stated in the Maricopa County Comprehensive Plan, the County will refer to municipal plans as guides when making decisions involving county islands. However, until lands are actually annexed, Maricopa County has planning authority for such areas. He said the proposed zoning does not meet the comprehensive plan and the plan would need to be amended. He said he thinks the County comprehensive plan should have some authority over this project. He asked the Board to deny this project. Adam Baugh returned and noted that everywhere in this county island is R1-10, R1-8 or R1-12 and all of them were at one point abutting R1-43 zoning and some of them still are and this establishes a pattern. He noted there was a zoning change to R-10 in this same general area approved by the Board last month that was abutting R1-43 and R1- 18 lands. He reviewed the changes they have agreed to in an effort to have this case approved. Formal Meeting Minutes Wednesday, January 30, 2019 Page 7 of 54 Supervisor Hickman thanked everyone for showing up and commented on the amount of time allowed for speaking. He asked Mr. LaSota to return to the podium and asked who he was representing as a paid spokesperson. He said his agreement is with Mr. Olivier but he also has met with others he refers to as the opposition. Supervisor Hickman stated he had been following this case and spoken with some of the residents and asked why Mr. LaSota had never reached out to his office. Mr. LaSota responded that he knew Mr. Olivier had reached out to Supervisor Hickman and it was agreed that Mr. Olivier was the better person to reach out to Supervisor Hickman. Supervisor Hickman said he knew Mr. Baugh had tried to reach out to Mr. LaSota because he was representing the residents. Supervisor Hickman noted a letter Mr. Baugh sent to Mr. LaSota on November 27, 2018 notifying Mr. LaSota he wanted to talk with him about the issues. The applicant said Mr. LaSota never responded and has not been helpful in resolving issues on this case. Mr. LaSota said he met with Mr. Baugh and after he received the letter, met with the residents. They decided what Mr. Baugh was offering was not enough to change their opposition and he then explained his conversation with the opposition. Supervisor Hickman asked Mr. Baugh to return to the podium and asked about a bridle path. Mr. Baugh responded that an 8-10 foot bridle path would be in addition to the sidewalk because it was requested at one of the first meetings with the residents. He said a bridal path is not indicated in these stipulations but could be amended to include one. Supervisor Hickman stated he would like to see a bridal path installed. Supervisor Hickman addressed the residents present and stated he knew change was difficult and he is very familiar with the area. Change is happening all over District 4 as it is in all the Supervisors’ Districts. He explained that in comparison to their properties this might seem like high density, but there are subdivisions rising up that have 45 foot lots. He acknowledged a law enforcement issue and said there will continue to be issues with law enforcement. He explained he is a property rights advocate and this applicant purchased the property and wants to do something with it. It is up to the Board to determine what this needs to look like. He believes the residents will be able to still enjoy a rural feel with this development. He said he feels necessary changes have been made to accommodate concerns of the residents. Motion to concur with Planning Commission for approval with revised stipulations “a” – “k” by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES Clerk of the Board - Secretaria de la Junta 5. 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. SPECIAL EVENT LICENSE FOR WISCONSIN CLUB OF SUN CITY Formal Meeting Minutes Wednesday, January 30, 2019 Page 8 of 54 Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Daryl Bert Lund for Wisconsin Club of Sun City at 10748 West Clair Drive, Sun City, Arizona 85351 to be held on Thursday, March 14, 2019 from 10:00 am to 3:00 pm. (Supervisorial District 4) (C-06-19-272-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo b. SPECIAL EVENT LICENSE FOR ANTHEM ROTARY FOUNDATION / ROTARY CLUB OF ANTHEM Pursuant to A.R.S. § 4-203.02, approve a Special Event Liquor License Application filed by Samuel T. Crump for Anthem Rotary Foundation / Rotary Club of Anthem at 41703 North Gavilan Peak Parkway, Anthem, Arizona 85086 to be held on Saturday, March 23, 2019 from 10:00 am to 4:00 pm. and on Sunday, March 24, 2019 from 10:00 am to 4:00 pm. (Supervisorial District 3) (C-06-19-277-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 6. ROAD DE-ANNEXATION FROM THE CITY OF BUCKEYE TO MARICOPA COUNTY Pursuant to A.R.S. § 9-471.03 convene the public hearing to determine if the public interest is served by de-annexing road right-of-way from City of Buckeye jurisdiction to Maricopa County in accordance with City of Buckeye Ordinance No. 16-18, and the analysis of the impact of the requested de-annexation. Right-of-way location: Along Jackrabbit Trail between Bethany Home Road and Missouri Avenue. Supervisory District No. 4. After reviewing the analysis and hearing those that may appear for or against the request, if the Board determines that the public interest is served by this de-annex/annexation action, a vote of approval shall direct the following: 1. File an ordinance setting forth the legal description of the public right-of-way and declaring the return of the right-of-way contingent on the fulfillment of the additional conditions of the statute in the Office of the Clerk of the Board. 2. Pursuant to ARS § 9-471.03(F), set a public hearing for February 27, 2019 to de-annex road subject right-of-way from City of Buckeye jurisdiction to Maricopa County, in accordance with City of Buckeye Ordinance No. 16-18, and the Ordinance approved by the Board of Supervisors on this date. 3. Send notice of the date, time and place of the hearing on the requested action to each owner of real property subject to taxation adjacent to the subject public right-of-way at least twenty (20) days prior to the hearing. Legal description of the roadway to be de-annexed, identified as Exhibit "A", is attached. MCDOT Analysis: MCDOT has evaluated the request and has found that accepting the request has no detrimental value. This de-annexation will allow the roadway to be built to County standards. The Board action will result in adding 10 feet of right of way to County Formal Meeting Minutes Wednesday, January 30, 2019 Page 9 of 54 ownership and enable the County to assume responsibility for road maintenance. Financial Status: Financial impact is limited to typical roadway maintenance costs. The Board action will result to add 10 feet of right of way to County ownership and enable the County to assume responsibility for road maintenance. (C-06-19-282-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo AGENCY ITEMS AND STATUTORY MATTERS ARTÍCULOS DE AGENCIA Y ASUNTOS REGLAMENTARIOS COUNTY OFFICERS - OFICIALES DE CONDADO Clerk of the Court - Secretario de la Corte 7. APPOINTMENTS Pursuant to A.R.S. § 12-283, approve the official appointment of the following deputies, clerks, and assistants of the Clerk of the Superior Court. Authorize the Clerk of the Board of Supervisors to certify the Official Appointment and Oaths of Office in accordance with A. R. S. § 38-231. Effective December 3, 2018 Esarjohnly Diamante Divinagracia, Deputy Clerk Elisheba Micah Mills, Deputy Clerk Leslie Resendis Pedroza, Deputy Clerk Luz Maria Smith, Deputy Clerk Andrea Mae Williams, Deputy Clerk Effective December 17, 2018 Ashlyn Brianne Johnson, Deputy Clerk Richard Thomas McHattie, Deputy Clerk Bianca Rios Doll, Deputy Clerk Margie Ruby Stacy, Deputy Clerk The Clerk of the Superior Court, pursuant to A.R.S. § 12-283, and in accordance with procedures established by the Board of Supervisors, may appoint deputies, clerks, and assistants. Further, the appointment shall be in writing. (C-16-19-007-9-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo County Attorney - Procurador del Condado 8. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE Pursuant to A.R.S. § 11-409, approve the official appointment of the following deputies and Formal Meeting Minutes Wednesday, January 30, 2019 Page 10 of 54 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. December 3, 2018 Nakeshia Baptiste - Attorney Mirela Borsan - Investigations Security Manager Regina Caragher – Attorney Lisa Ogle - Paralegal December 17, 2018 Cameron Cohen - Legal Support Specialist Brandalyn Gallegos - Legal Support Specialist Laurie Speckmann - Legal Support Specialist Aaron Taylor – Attorney December 31, 2018 Richard Prince - PC/LAN Technician Cassandra Shriver - Legal Support Specialist January 7, 2019 Margaret Kelehan - Legal Support Assistant January 14, 2019 Labrisha Garcia - Legal Support Specialist Sloan Johnson - Attorney Josephine Jones - Attorney Robert Mensing - Paralegal Jodie Will - Paralegal Supervisor January 28, 2019 Annalynne Brown - Criminal Statistical Analyst 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. (C-19-19-035-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 9. REPLACEMENT WARRANTS – CHECK ENFORCEMENT PROGRAM Approve the issuance of replacement warrants for county warrants to a victim related to the Check Enforcement Program that have been outstanding for more than one year. Necessary affidavits have been filed with the Board. The Maricopa County Attorney’s Office (MCAO) Check Enforcement Program endeavors to make victims of bad check writers financially whole by pursuing restitution and holding offenders accountable. These funds will directly impact the victim by making them financially whole. (C-19-19-036-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Sheriff - Alguacil 10. IGA WITH CITY OF PEORIA FOR SWORN OFFICER TRAINING Approve an Intergovernmental Agreement between Maricopa County on behalf of the Sheriff’s Office and the City of Peoria regarding the Maricopa County Sheriff’s Office Sworn Basic Training Academy. This Agreement allows City of Peoria Officer recruits to Formal Meeting Minutes Wednesday, January 30, 2019 Page 11 of 54 participate in scheduled Sheriff's Sworn Basic Training Academies at a cost of $500 per registrant. The term of this Agreement is February 1, 2019 to June 30, 2020. It is effective when signed by the parties. This agreement can be terminated at any time with written notice two months in advance of termination. City of Peoria does not have its own training academy and this Agreement will allow MCSO to provide training space, when available, to City of Peoria Law Enforcement recruits in MCSO scheduled sworn training academies. City of Peoria is responsible for providing worker’s compensation insurance, salary, benefits, weapons, ammunition and uniforms for City of Peoria recruit participants. City of Peoria will be required pay to a registration cost of $500 per participant to cover materials. (C-50-19-051-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 11. IGA WITH CITY OF GLENDALE FOR SWORN OFFICER TRAINING Approve an Intergovernmental Agreement between Maricopa County on behalf of the Sheriff’s Office and the City of Glendale regarding the Maricopa County Sheriff’s Office Sworn Basic Training Academy. This Agreement allows City of Glendale Officer recruits to participate in scheduled Sheriff's Sworn Basic Training Academies at a cost of $500 per registrant. The term of this Agreement is February 1, 2019 to June 30, 2020. It is effective when signed by the parties. This agreement can be terminated at any time with written notice two months in advance of termination. City of Glendale does not have its own training academy and this Agreement will allow MCSO to provide training space, when available, to City of Glendale Law Enforcement recruits in MCSO scheduled sworn training academies. City of Glendale is responsible for providing worker’s compensation insurance, salary, benefits, weapons, ammunition and uniforms for City of Glendale recruit participants. City of Glendale will be required pay to a registration cost of $500 per participant to cover materials. (C-50-19-050-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 12. INTERAGENCY SERVICE AGREEMENT WITH THE ARIZONA DEPARTMENT OF HEALTH SERVICES Approve the Interagency Service Agreement (ISA) and acceptance of grant funds to the Sheriff’s Office from the Arizona Department of Health Services for the Unlawful Medical Marijuana Trafficking Project CTR040227 in the amount of $225,000 for the award period beginning the date the agreement is signed and terminating five years from that date (approximately February 2024). This Agreement may be terminated by either party upon (60) working days written notice to the other party; however, any advanced funds are reimbursable as well as the cost of resources/materials acquired specifically for the project absent an agreement to purchase. The funding award is re-occurring, and an increase can be requested after one year of service. The Sheriff’s Office indirect cost rate for FY19 is 18.3%, applicable to the award amount of $200,000 less capital expenses of $25,000 for an indirect cost base of $200,000 and indirect costs of $33,272.73. Up to 10% of Indirect costs are allowable by the terms of this Agreement ($18,181.82) and the department requests a waiver so that 100% of the funding can be applied to direct program costs. $33,272.73 in indirect costs will be absorbed by the General Fund. There is no match requirement and there are no future or ongoing contributions required after the grant period ends. Formal Meeting Minutes Wednesday, January 30, 2019 Page 12 of 54 This is not a mandated function although it supports the MCSO public safety mandate. The objective of this project is to provide funding to MCSO for equipment, training and overtime (OT) services of existing staff with responsibility for the regulation of activities within the local jurisdiction that fall outside of AMMA (Arizona Medical Marijuana Act) and under A.R.S. Title 13, including but not limited to, unlawful marijuana trafficking taking place outside of registered nonprofit medical marijuana dispensaries by persons that are representing themselves to cardholding patients and the public as acting within the scope of AMMA; as well as services related to the dispensaries or cultivation sites, including activities at dispensaries or cultivation sites that fall outside of and/or violate the Arizona Medical Marijuana Act. The benefit to the citizens is the disruption of illicit drug trafficking in Maricopa County and the State of Arizona resulting in a more safe and secure community. This is a competitive award. Also approve a one-time addition to fleet of a cargo trailer that will be a portion the capital expenditure component of these funds. Specific vehicle information will be provided after the vehicle is purchased. This vehicle will be retired at the end of its useful life with no funding from the General Fund for replacement. These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. (C-50-19-049-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Treasurer - Tesorero 13. OFFERS ON PREVIOUSLY OFFERED TAX DEEDED LAND PARCEL 164-26-036A Pursuant to A.R.S. § 42-18303, consider the two cash offers, or any additional cash bids which may be offered at the Board meeting, on the following Tax Deeded Land parcel. A.R.S. §42-18303 allows the county to sell property in the county held by the State by tax deed to the highest bidder for cash. Parcel Number – 164-26-036A Date Previously Offered – at TDL auction April 2018 Offer #1 Purchaser / Name for the Deed –Lionel Williams Amount of Offer – $900.00 Offer #2 Purchaser / Name for the Deed – Anthony Yeung/ Yeung Properties Amount of Offer -- $1,000.00 If the Board accepts one of the two offers on the subject property, direct the Treasurer’s Office accept payment and prepare the Quit Claim Deed to convey the property to winning bidder and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42- 18303(C), the proceeds of the winning bid shall be paid to the county treasurer. After deducting and distributing interest, penalties, fees and costs charged against the parcel, the treasurer shall apportion the remainder according to ARS 42-18303(C). If no bid is accepted by the Board, direct the Treasurer’s Office to refund all monies. The subject property lies within Supervisorial District 3. Crossroads are N. 16th Street and W. Glendale Ave. (C-43-19-024-M-00) Formal Meeting Minutes Wednesday, January 30, 2019 Page 13 of 54 Motion to approve Offer #2 by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 14. OFFER ON PREVIOUSLY OFFERED TAX DEEDED LAND PARCEL 143-28-004J Pursuant to A.R.S. § 42-18303(E), accept the cash offer of $250.00 from the City of Glendale on the following Tax Deeded Land parcel(s) for which the following conditions apply: The Board of Supervisors may accept an offer from, and sell real property held by this state by tax deed to, the county or a city, town or special taxing district in the county for a public purpose related to transportation or flood control. The Board of Supervisors shall convey the deed and apportion the monies received in the transaction in the manner prescribed by this section. Parcel Number – 143-28-004J Date Previously Offered at auction -- Apr 2018 Purchaser / Name for the Deed – City of Glendale Amount of Offer – $250.00 If the Board accepts the offer on the subject property, direct the Treasurer’s Office accept payment and prepare the Quit Claim Deed to convey the property to winning bidder and deliver to the Clerk of the Board for further processing. Pursuant to A.R.S. §42-18303(C), the proceeds of the winning bid shall be paid to the county treasurer. After deducting and distributing interest, penalties, fees and costs charged against the parcel, the treasurer shall apportion the remainder according to ARS 42-18303(C). The subject property lies within Supervisorial District 5. Crossroads are N. 67th Ave. and W. Glendale Ave. (C-43-19-026-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO Assistant County Manager - Sub Directora de Condado - Shelby Scharbach 15. NON-OBJECTION LETTER FOR FOREIGN TRADE ZONE FOR NIKOLA Approve a “non-objection” letter for a site located on or at 4141 East Broadway Road, Phoenix, AZ 85040 (Parcel Numbers 123-01-001D 1) and is owned by Nikola being included in City of Phoenix Foreign Trade Zone No. 75 and reclassification of said site as Class 6 property under A.R.S. 42-12006 once it receives Foreign Trade Zone status. Authorize the Chairman to sign said “non-objection” letter. The letter will be directed to the Foreign Trade-Zone Board, U.S. Department of Commerce. (C-94-19-009-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Supervisor Barney commented that he was a part of the trade mission that recruited Nikola along with Chris Camacho, Greater Phoenix Economic Council (GPEC), and Chris Zaharis who was at that time Chairman of GPEC. The County was competing with a lot of different markets. He is excited to have them here and hopefully they will succeed with their plans. Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, January 30, 2019 Page 14 of 54 Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn 16. APPOINTMENT TO THE RYAN WHITE PLANNING COUNCIL Approve the following appointments to the Greater Phoenix Ryan White HIV Services Planning Council (Council). All terms will be effective upon Board approval. 1. Raulina Brito Simango Ashukem (Part C), replacing Eric Moore. Term ends February 28, 2021. 2. Jonathan Edward Brier (Institutional), replacing Kristin Kalla. Term ends November, 30, 2020. 3. Ricardo Manuel Fernandez (Part B), replacing Jimmy Borders. Term ends August 31, 2021. 4. Duvia Lozano (Institutional), replacing Guillermo Velez. Term ends February 28, 2019. 5. Daniel Iniguez (Institutional Alternate for Duvia Lozano). Term coincides with Duvia Lozano and ends February 28, 2019. The Membership Committee of the Council has confirmed that the individuals listed above represent membership categories consistent with the Council Bylaws and federally mandated membership requirements. Candidates have also satisfactorily completed the pre-screening processes approved by the Maricopa County Board of Supervisors. (C-95- 19-007-9-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo COUNTY OFFICES AND DEPARTMENTS DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 17. REVOCABLE LICENSE AGREEMENT WITH CITY OF SCOTTSDALE FOR USE OF REAL PROPERTY Approve and authorize the Chairman to execute Facility Use Revocable License Agreement P-50169 (Agreement) with City of Scottsdale (City) to operate and maintain air quality monitoring equipment on City property at 2857 North Miller Road, Scottsdale, AZ 85257. This Agreement will formalize County ongoing use of the site and will commence upon execution of both parties and expire December 31, 2023. The Agreement will automatically renew for two (2) additional five (5) year terms. Either party may terminate the agreement prior to any renewal term with a ninety (90) day written notice to the other. The County Air Quality Department (AQD) will monitor: Ozone, Carbon Monoxide, Particulates (PM-10), Wind Speed & Direction, Temperature, Relative Humidity, and Pressure seven days per week. There is a nominal, one-time license fee of $1.00. (C-85-19-013-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 18. KENNEL PERMIT (MULTIPLE DOG LICENSE) FOR MARILYN DOMHOFF D/B/A Formal Meeting Minutes Wednesday, January 30, 2019 Page 15 of 54 SHANTÉ AFGHANS Approve kennel permit K19-000023 pursuant to A.R.S. §11-1009 for Marilyn Domhoff d/b/a Shanté Afghans, 6824 W. Karen Lee Lane, Peoria, AZ 85382, in District 4, for a one-year period beginning the first day of the month following Board approval. The cost of a kennel permit is $350. The total amount received for this kennel permit application is $350. (C-79- 19-071-3-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 19. DONATION FROM LOVEPUP FOUNDATION FOR THE PURCHASE OF MICROCHIPS Accept the restricted monetary donation of $26,253.10 from LovePup Foundation for the purchase of microchips allowing animals adopted from Animal Care and Control to receive this important piece of identification. 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 expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-19-072-D-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 20. DONATION FROM THE ARIZONA COMPANION ANIMALS SPAY/NEUTER COMMITTEE FOR ANIMAL CARE AND CONTROL'S PUBLIC SPAY/NEUTER PROGRAM Accept the restricted monetary donation of $7,250 from the Arizona Companion Animals Spay/Neuter Committee, through PetSmart Charities, Inc., to fund Animal Care & Control's public spay/neuter program. This donation will allow Animal Care and Control to offer no cost and/or low cost spay/neuter surgeries for cats and dogs owned by residents of Maricopa County. 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 expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-19-073-D-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 21. DONATION FROM FRIENDS OF PIMA ANIMAL CARE CENTER FOR TRAVEL EXPENSES Accept the restricted monetary donation from Friends of Pima Animal Care Center in the amount of $1,200 for reimbursement of travel related expenses incurred by Animal Care and Control employees attending a Maddie's Fund Medium and Large Adult Dog Foster Apprenticeship at Pima Animal Care Center in Tucson, Arizona. Formal Meeting Minutes Wednesday, January 30, 2019 Page 16 of 54 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 expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-19-074-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 22. DONATION FROM TWO PUPS WELLNESS FUND FOR MICROCHIPS AND MEDICAL EQUIPMENT Accept the restricted donation of $3,642 from Two Pups Wellness Fund, through the Arizona Community Foundation, for the following: *$485 for the purchase of microchips used for dogs returned to their owners. *$3,157 for the purchase of a Bovie Electrosurgical Machine for the Animal Care and Control clinic. 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 expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-79-19-075-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Correctional Health - Salud Correccional 23. DONATION FROM ALKERMES, INC Accept the donation of twenty-eight (28) Long Acting Injectable (LAI) Anti-Psychotic medications. These LAI’s are donated at no cost to Maricopa County, from Alkermes, Inc. Maricopa County Department of Correctional Health Services (MCDCHS) will utilize LAI medications to treat patients who may benefit from these types of pharmaceuticals. The donation value of the LAI’s is as follows: Name Dosage Quantity Cost Per Dosage Total Value Aristada 675 mg 4 $ 1,751.14 $ 7,004.56 Aristada 882 mg 12 $ 2,166.18 $ 25,994.16 Aristada 1064 mg 12 $ 2,795.00 $ 33,540.00 Total: $ 66,538.72 This grant-like item is awarded in-kind and the value of which will be booked as a revenue and expenditure in the Finance System. (C-26-19-008-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Formal Meeting Minutes Wednesday, January 30, 2019 Page 17 of 54 Ayes: Barney, Chucri, Gates, Hickman, Gallardo 24. DONATION FROM JANNSSEN PHARMACEUTICALS, INC Accept the donation of four hundred sixty-nine (469) Invega Sustena Long Acting Injectable (LAI) Anti-Psychotic medications. These LAI’s are donated at no cost to Maricopa County, from Jannssen Pharmaceuticals, Inc. Maricopa County Department of Correctional Health Services (MCDCHS) will utilize LAI medications to treat patients who may benefit from these types of pharmaceuticals. The donation value of the LAI’s is as follows: Name Dosage Quantity Cost Per Dosage Total Value Invega Sustena 156 mg 121 $ 1,607.39 $ 194,494.19 Invega Sustena 234 mg 348 $ 2,443.29 $ 850,264.92 Total $ 1,044,759.11 This grant-like item is awarded in-kind and the value of which will be booked as a revenue and expenditure in the Finance System. (C-26-19-009-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 25. DONATION FROM OTSUKA AMERICA PHARM, INC. Accept the donation of one-hundred twenty (120) Abilify Maintena Long Acting Injectable (LAI) Anti-Psychotic medications. These LAI’s are donated at no cost to Maricopa County, from Otsuka America Pharm, Inc. Maricopa County Department of Correctional Health Services (MCDCHS) will utilize LAI medications to treat patients who may benefit from these types of pharmaceuticals. The donation value of the LAI’s is as follows: Name - Dosage - Quantity - Cost Per Dosage - Total Value Ability Maintena-400 mg dual chamber - 95 - $ 2,014.32 - $191,360.40 Ability Maintena-400 mg not dual chamber - 25 - $ 2,036.75 - $50,918.75 Total: $ 242,279.15 This grant-like item is awarded in-kind and the value of which will be booked as a revenue and expenditure in the Finance System. (C-26-19-010-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 26. AGREEMENT WITH PIMA MEDICAL INSTITUTE FOR CLINICAL EXPERIENCES Approve an Affiliation Agreement between Pima Medical Institute and Maricopa County through the Department of Correctional Health Services, for the purpose of Correctional Health Services providing clinical experiences for the School's students as part of their overall education. Maricopa County Correctional Health Services and Pima Medical Institute will benefit to cooperate in the educational preparation of Students, so as to promote excellence in patient care, to ensure professional competence, and to provide maximum utilization of community resources. This Affiliation Agreement is non-financial and is effective from January 1, 2019 until December 31, 2023. (C-26-19-006-3-00) Formal Meeting Minutes Wednesday, January 30, 2019 Page 18 of 54 Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo 27. BUDGET ADJUSTMENT FOR DONATION OF LONG ACTING INJECTABLES Pursuant to A.R.S § 42-17106 (B) approve the following appropriation adjustments: 1) Increase revenue and expenditure in the Correctional Health (D260) Correctional Health Grant Fund (292) Operating (OPER) appropriation by $887,494 2) Increase revenue and expenditure in the Correctional Health (D260) Correctional Health Grant Fund (292) Graves (GRV0) appropriation by $2,096,964 This is a recurring donation, non-competitive award, effective from June 27, 2018 until June 27, 2023. There is no in-kind matching requirement or indirect costs associated with these donations. There will be future ongoing contributions required after the donation period ends to comply with the mandated Graves judgement of $2,096,964. Donations are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. These budget adjustments do not alter the budget containing the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. § 42-17105. The LAI donations were previously approved under the following tracking numbers: C-26- 18-007-3-00, C-26-18-008-3-00, and C-26-18-009-3-00 and will be booked as revenue and expenditures in the financial system. (C-26-19-007-D-00) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Environmental Services - Servicios Ambientales 28. APPROPRIATION ADJUSTMENT FOR ENVIRONMENTAL SERVICES In accordance with A.R.S. §42-17106(B), authorize the following budget appropriation adjustments: 1.Increase the Environmental Services (D880) Environmental Services Fee Fund (506) Operating (OPER) revenue and expenditure appropriations by $500,000. 2. Decrease Non Departmental (D470) Non Departmental Grants Fund (249) Operating (OPER) Unassigned Contingency revenue and expenditure appropriations by $500,000. 3. Increase Environmental Services (D880) Tire Fund (290) Non Recurring Non Project (NRNP) expenditure appropriation by $870,000. 4. Increase Environmental Services (D880) Environmental Services Fee Fund (506) Non Recurring Non Project (NRNP) expenditure appropriation by $470,000. 5. Decrease Non departmental (D470) Non Departmental Grants Fund (249) Non Recurring Non Project (NRNP) Unassigned Contingency expenditure appropriation by $1,340,000. Current forecasted revenues in Environmental Services Fee Fund (506) match the requested increases in Operating (OPER) expenditures. These adjustments will result in a County-wide net financial impact of zero. This will allow the Environmental Services Department to address the increase in permit inspections and increased plan review for restaurants and waste water systems. The Formal Meeting Minutes Wednesday, January 30, 2019 Page 19 of 54 utilization of fund balance will allow for the more efficient use of county owned space while reducing Environmental Services leased space footprint and provide funding for an Accela review contract. The increase in the Tire Fund (290) will allow for the increased costs associated w/an influx of tires received at the County tire recycling facility. Current forecasted revenues in Environmental Services Fee Fund (506) match the requested increases in Operating (OPER) expenditures. (C-88-19-005-L-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Facilities Management - Administración de Instalaciones 29. TRANSFER OF EXPENDITURE AUTHORITY FOR THE EAST VALLEY ANIMAL CARE & CONTROL FACILITY 1. Approve a new project called East Valley Animal Care & Control Facility (EVAC). 2. Amend the 5-year Capital Improvement Plan to include the East Valley Animal Care & Control Facility (EVAC) project. 3. Pursuant to A.R.S. §42-17106B, authorize this transfer of expenditure authority within the FY 2019 budget: a) Decrease the expenditure authority in the Non Departmental (D470) County Improvement Fund (445) Animal Control Expansion Durango (ACED) by an amount of $4,076,921, b) Increase the expenditure authority in the Non Departmental (D470) County Improvement Fund (445) East Valley Animal Care & Control Facility (EVAC) budget by an amount not to exceed $4,076,921. These actions will have a County-wide net impact of zero and they do not alter the budget constraining the expenditure of local revenue duly adopted by the Board pursuant to A.R.S. §42-17105. (C-70-19-003-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Finance - Finanzas 30. ANNUAL ADJUSTMENT TO INMATE BOOKING AND HOUSING FEES Approve the annual adjustment to the inmate booking and housing fees charged to other jurisdictions for the use of Maricopa County jails. The effective date of this adjustment will be July 1, 2019. The inmate booking fee will increase from $341.57 to $366.51 per inmate booked; the inmate housing fee will increase from $100.04 to $105.15 per day. As directed by the Board of Supervisors, the Department of Finance, in conjunction with the Sheriff’s Office and Correctional Health Services, has completed the annual fee review for adult detention services and has developed new per diem rates for Board approval. The new per diem rates will be effective July 1, 2019. These per diem rates help cover the County’s cost of operating and maintaining the jail system. The rates are calculated based on the FY 2018-19 budget. (C-18-19-005-2-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Supervisor Barney commented this is always a sensitive issue when dealing with our municipal partners. Most of the inmates are brought in from federal agencies and the Formal Meeting Minutes Wednesday, January 30, 2019 Page 20 of 54 cities and towns the County serves. The good news is the inmate population is down but there are fixed costs that are generally the same. The Sheriff continues to look for efficiencies and the County is in the process of building a new Intake, Transfer and Release (ITR) facility and other infrastructure it thinks will make a significant impact on in-custody costs and the time it takes in processing inmates. Chairman Gates recognized Supervisor Barney for his leadership in Smart Justice. Ayes: Barney, Chucri, Gates, Hickman, Gallardo 31. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 11/23/2018 through 01/10/2019, 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. Pursuant to A.R.S. §11-217(D) and A.R.S. §11-623, said warrants and claims are on file in the Clerk of the Board’s office and retained in accordance with LAPR approved retention schedule. (C-06-19-273-7-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Resources - Recursos Humanos 32. PERSONNEL AGENDA FOR MARICOPA COUNTY (07/02/2018 TO 12/30/2018) Approve the Maricopa County Personnel Agenda for the period of 07/02/2018 to 12/30/2018 consistent with the agenda item C-49-07-038-6-00 approved on April 18, 2007. The personnel agenda is on file in the Office of the Clerk of the Board. (C-31-19-027-6-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 33. PERSONNEL AGENDA FOR THE JUDICIAL BRANCH (07/02/2018 TO 12/30/2018) Approve the Maricopa County Judicial Branch Personnel Agenda for the period of 07/02/2018 to 12/30/2018 consistent with the agenda item C-49-07-038-6-00 approved on April 18, 2007. The personnel agenda is on file in the Office of the Clerk of the Board. (C- 31-19-028-6-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 34. MARKET RANGES Pursuant to A.R.S §11-251 (38) and 251 (51), approve the addition, replacement, and/or deletion of Market Ranges to the authorized comprehensive listing of employee compensation Market Ranges previously approved by the Board of Supervisors and approve the addition and/or replacement bi-weekly stipends for management/professional assignments (MPA) based upon the employee’s full-time equivalent (FTE) status. (C-31- 19-032-6-00) Formal Meeting Minutes Wednesday, January 30, 2019 Page 21 of 54 Update Ranges: Surveyor - Land: $29.40 - $40.20 ($61,152 - $83,616) Survey Supervisor: $31.80 - $47.00 ($66,144 - $97,760) Survey Manager: $35.50 - $52.60 ($73,840 - $109,408) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Human Services - Servicios Humanos 35. AFFILIATION AGREEMENT WITH GULF COAST DIETETIC INTERNSHIP PROGRAM Approve a non-financial Affiliation Agreement (Agreement) with Gulf Coast Dietetic Internship Program (GCDI) and Maricopa County (Affiliated Facility) administered by the Human Services Department, Early Education Division – Head Start program. Through this Agreement, GCDI Interns shall be provided with supervised practice educational experiences with the Head Start program. The Agreement effective date is January 30, 2019 through January 30, 2020. Approval of this item will not impact the County General Fund. Supervisory District: All (C- 22-19-019-3-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 36. AMENDMENT TO THE AGREEMENT WITH ARIZONA COMMUNITY ACTION ASSOCIATION FOR UTILITY REPAIR REPLACEMENT AND DEPOSIT PROGRAM Approve revenue Amendment No. 1 to the Agreement between Arizona Community Action Association (“ACAA” dba “Wildfire”) and Maricopa County, administered by its Human Services Department. The purpose of this Amendment is for ACAA to increase the Utility Repair Replacement and Deposit (URRD) line item funds of the Agreement. ACAA will provide the County with $150,000, the funding period of availability is July 1, 2018 to June 30, 2019. The funds will be utilized to provide repair/replacement and/or deposits on utility related items in dwellings occupied by low-income households in Maricopa County outside of the City of Phoenix and the City of Mesa. Amendment No. 1 amends the following areas of the Agreement: 1. Section I. Service and Programs – 1.2 Fund Sources: Utility Repair Replacement Deposit (URRD): To increase the Direct Service amount to $411,597.22 and increase the Program Delivery amount to $32,927.78. The new allocation for URRD will be $444,525.00 (Direct Service + Program Delivery). Unless otherwise noted herein, all other provisions of the original Agreement will remain in place for the duration of the original Agreement. With approval of this Amendment, the Agreement ceiling will be increase from $302,905.73 to $452,905.73. The Human Services Department FY2019 Indirect cost rate has not been fully negotiated, but the U.S. Department of Health and Human Services has approved the use of the FY2018 indirect cost rate to be used. Therefore, the FY2019 indirect cost rate is 22.9% for salaries and employee related expenses. The total Amendment funds are $150,000 of Formal Meeting Minutes Wednesday, January 30, 2019 Page 22 of 54 which $9,041 is for salaries and benefits. The total recovered allowable indirect costs is $2,070. Budget adjustments will be made when the Indirect rate costs has been fully negotiated and shall be retroactive to July 1, 2018. ACAA contracts with the County on an annual reoccurring, non-competitive basis for service delivery of the URRD program. Receipt of the funds from ACAA does not require in-kind or match funds and no future or ongoing contributions by the County at the end of the Agreement term. The services provided under this Agreement are not a mandated function but provides a benefit to the citizens by providing assistance to low income residents by reducing their energy burden and improving health and safety concerns. 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. The approval of this funding does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through future budget reconciliation. Acceptance of this Amendment will not impact the County General Fund. Supervisory District: All (C-22-18-042-3-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 37. AMENDMENT TO THE AGREEMENT WITH ARIZONA COMMUNITY ACTION ASSOCIATION FOR BILL ASSISTANCE PROGRAM Approve revenue Amendment No. 2 to the Agreement between Arizona Community Action Association (“ACAA” dba “Wildfire”) and Maricopa County, administered by its Human Services Department. The purpose of this Amendment is for ACAA to increase the Arizona Public Service Bill Assistance Program (APS BA) line item funds of the Agreement. ACAA will provide the County with an increase of $30,700, the funding period of availability is July 1, 2018 to June 30, 2019. The funds will be utilized to provide bill assistance to eligible low-income household in Maricopa County outside of the City of Phoenix and the City of Mesa who are APS customers. Amendment No. 2 amends the following areas of the Agreement: 1. Section I. Service and Programs – 1.2 Fund Sources: Arizona Public Service Crisis Bill Assistance Program (APS BA): To increase the Direct Service amount to $124,657.50 and increase the Program Delivery amount to $24,931.50. The new allocation for APS BA will be $149,589.00 (Direct Service + Program Delivery). Unless otherwise noted herein, all other provisions of the original Agreement will remain in place for the duration of the original Agreement. With approval of this Amendment, the Agreement ceiling will be increase from $319,763.11 to 350,463.11. The Human Services Department FY2019 Indirect cost rate has not been fully negotiated, Formal Meeting Minutes Wednesday, January 30, 2019 Page 23 of 54 but the U.S. Department of Health and Human Services has approved the use of the FY2018 indirect cost rate to be used. Therefore, the FY2019 indirect cost rate is 22.9% for salaries and employee related expenses. The total Amendment funds are $30,700 of which $0 is for salaries and benefits. The total recovered allowable indirect costs is $0. Budget adjustments will be made when the Indirect rate costs has been fully negotiated and shall be retroactive to July 1, 2018. ACAA contracts with the County on an annual reoccurring, non-competitive basis for service delivery of the Utility Bill Assistance program. Receipt of the funds from ACAA does not require in-kind or match funds and no future or ongoing contributions by the County at the end of the Agreement term. The services provided under this Agreement are not a mandated function but provides a benefit to the citizens by providing utility bill assistance to low income individuals and families in Maricopa County. 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 Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through future budget reconciliation. Acceptance of this Amendment will not impact the County General Fund. Supervisory District: All (C-22-18-040-3-02) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 38. CONSENT FOR ASSIGNMENT FOR AGREEMENT WITH DIGNITY HEALTH FOR ORAL HEALTH TREATMENT AND EDUCATION Approve a Consent for Assignment for the non-financial Agreement between Dignity Health dba Chandler Regional Medical Center and Maricopa County administered by and through its Human Services Department Early Education Division – Head Start program. The Consent for Assignment letter provides the County with formal notice of and, to the extent required, seeks the County consent for, the upcoming combination between Dignity Health and Catholic Health Initiatives (CHI”), a Colorado nonprofit corporation, and the related corporate changes. These changes may cause a technical assignment of the Agreement for which Dignity Health seeks the County consent as outlined below: • Pursuant to a “Ministry Alignment Agreement,” dated December 6, 2017, Dignity Health and Catholic Health Initiatives will align their respective health ministries into a single national Catholic nonprofit health system. • It is anticipated that the operational relationship between Dignity Health and the County will not be impacted by the combination. • The “ministry alignment” will be governed by an ultimate parent organization that will become the sole member of Dignity Health (the “System Corporation”). • Dignity Health’s hospitals list in Exhibit A will be transferred to a new non-profit corporation named Dignity Community Care (“Dignity Care”). • Both Dignity Health and Dignity Care will be under the control of the System Corporation. • The “closing” was anticipated to occur during the last calendar quarter of 2018. At the closing, Dignity Health will assign the Agreement to Dignity Care and Dignity Care will assume all of the rights and obligations of the Dignity Health under the Agreement. Formal Meeting Minutes Wednesday, January 30, 2019 Page 24 of 54 Therefore, the Transaction could be construed to be subject to the assignment provision of the Agreement. Accordingly, Dignity Health hereby requests written consent to the assignment of the Agreement to Dignity Care. • Dignity Care will continue to honor the terms of the Agreement. • By signing the Consent to Assignment, the County hereby consents to assignment of the Agreement in connection with the Transaction and for all purposes under the Agreement. By approving this item, authorization is granted to the Chairman to sign the Consent for Assignment letter. Maricopa County and Dignity Health entered into a non-financial Agreement in May 2016 for Dignity Health to provide Oral Health treatment and education to Head Start program participants and their families. The Agreement start date is May 1, 2016 and will expire on June 30, 2020. This Agreement is subject to cancellation in accordance with the provisions of A.R.S. § 38- 511. Agreement activities do not impact the County General Funds. Supervisory District: All (C- 22-16-036-3-01) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 39. CONTRACT WITH HUMAN SERVICES CAMPUS, INC. FOR SHELTER SERVICES Approve a financial Contract (“Agreement”) between Human Services Campus, Inc., a non- profit, community based organization (“Contractor”) and Maricopa County administered by its Human Services Department. The purpose of this Agreement is for the Contractor to provide facility space to provide safe and secure temporary shelter to Clients in the Contractor’s Facility and/or through agreements with other organizations on the Campus on evenings where there is extreme cold, heat or rain. Services will be provided at the Human Services Campus located at 204 South 12th Avenue Phoenix, AZ 85007. The Agreement term is retroactive beginning January 1, 2019 and will expire on June 30, 2019. The Agreement may be renewed by a written amendment three (3) times for a period of one (1) year each, provided however, that Contractor is in full compliance with all terms and conditions of this Agreement. The County shall provide the Contractor an amount not exceed $3,042.12 for the Agreement term. Operations costs for staff, security, and supplies will be reimbursed at a cost not-to-exceed $1,014.04 per night where weather relief services are required due to extreme cold, extreme heat or rain. Funding for this Agreement will be reimbursed through the Human Services Department appropriated County General Funds. Supervisory District: 5 (C-22-19-020-3-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Planning and Development - Planificación y Desarrollo 40. INCREASE EXPENDITURE BUDGET FOR FY 2019 Formal Meeting Minutes Wednesday, January 30, 2019 Page 25 of 54 In accordance with A.R.S. §42-17106(B), approve the following budget appropriation adjustments: 1. Increase Planning and Development (D440) General Fund (100) Operating (OPER) by $200,000. 2. Decrease Non departmental (D470) General Fund (100) Operating (OPER) Contingency (4711) in the line “Planning and Development Contingency” by $100,000. 3. Decrease Non departmental (D470) General Fund (100) Operating (OPER) Contingency (4711) in the line “Unreserved Contingency” by $100,000. 4. Increase Planning and Development (D440) Planning and Development Fees Fund (226) Non Recurring Non Project (NRNP) by $400,000. 5. Decrease Non departmental (D470) Non Departmental Grants Fund (249) Non Recurring Non Project (NRNP) Contingency (4711) in the line “Unassigned” by $400,000. The increase in General Fund expenditures will allow the Planning and Development Department to complete the update to the outdated New River Area Plan as outlined in the Board of Supervisor’s strategic plan. The utilization of the fund balance will allow for the replacement of failing fleet vehicles and pay for a consultant to review and streamline workflows in the Accela permitting database. The FY 2019 budget included a reserve in expenditure authority to address the increase in demand. These adjustments will result in a County-wide net financial impact of zero. (C-44-19-077- M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Procurement Services - Servicios de Adquisiciones 41. SECURITY BUILDING PARKING (LAZ PARKING SOUTHWEST) (16043-SS) Authorize the increase of a Sole Source procurement at an estimate of $1,333,680.00 over three (3) years from January 16, 2019 until January 31, 2021. The purpose is to provide month-to-month and daily parking spaces in the Security Building Parking Garage, which is located at the corner of 1st Ave and Van Buren, Phoenix, Arizona, and is currently operated by LAZ Parking Services. Various County departments that occupy space within the Security Building utilize parking spaces on a month-to-month or daily basis. (C-73-19- 016-3-00) LAZ Parking Southwest LLC DBA: LAZ Karp Associates LLC Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 42. MCDOT ADA MODERNIZATION SERVICES JOC (190019-JOC) Approve the Contract for Award in an amount of $3,000,000.00 per contract, per year, with four (4) one (1) year options for renew between Maricopa County (MCDOT) and: DBA Construction, Inc., and Nesbitt Contracting Co., and an effective start date of 1/30/19. The purpose of the contract is to provide Job Order Construction services for MCDOT for compliance with Dept. of Justice/Dept. of Transportation Joint Technical Assistance on Title II Americans with Disabilities Act Requirements to provide curb ramps when streets, roads, highways are altered through resurfacing or rehabilitation. The goal is to have the Formal Meeting Minutes Wednesday, January 30, 2019 Page 26 of 54 ADA work completed ahead of scheduled overlay/rehab projects to bring the scheduled improvement into compliance while allowing optimum cure time for the facilities. (C-73-19- 018-5-00) DBA Construction Nesbitt Contracting Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 43. WELLS FARGO PARKING (ABM PARKING SERVICES) (180219-SS) Authorize a Sole Source procurement at an estimate of $557,280.00 over three (3) years from January 16, 2019 until December 31, 2021. The purpose is to provide month-to-month and daily parking spaces in the Wells Fargo Parking Garage, located at the corner of 2nd Ave and Van Buren, Phoenix, Arizona, and is currently operated by ABM Industry Groups LLC DBA: ABM Parking Services. Various County departments that occupy space within the Security Building utilize parking spaces on a month-to-month or daily basis. (C-73-19- 015-3-00) ABM Industry Groups LLC DBA: ABM Parking Services Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 44. EAST VALLEY ANIMAL CARE AND CONTROL IMPROVEMENTS (190014-ROQ) Approve the contract for award for a lump sum fixed amount of $1,860,867.72 for the design phases of this project starting with Schematic Design, through the final Construction Administration of the project. The purpose of the contract is to provide professional design services for the Facilities Management Department for the East Valley Animal Care and Control Facility. (C-73-19-017-5-00) Line and Space, LLC Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Supervisor Hickman recognized Supervisor Chucri and Supervisor Barney and commented on the report Supervisor Barney gave after his visit to the East Valley Animal Shelter and its impact on himself and his viewpoint on this item. Ayes: Barney, Chucri, Gates, Hickman, Gallardo Public Health - Salud Pública 45. AGREEMENT WITH EQUALITY HEALTH FOR HEALTHY START SERVICES Approve a non-financial Partnership Agreement (PA) between Equality Health and Maricopa County by and through its Department of Public Health (MCDPH) Healthy Start program. Equality Health will provide referral of interested members for appropriate Healthy Start services. This PA will be in effect from December 1, 2018 through March 31, 2019. This agreement may be extended for one (1) additional one (1) year period without County Board action but by mutual agreement. (C-86-19-031-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, January 30, 2019 Page 27 of 54 46. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Approve an amendment to Intergovernmental Agreement (IGA) Combined Contract No. CTR040876 (formerly ADHS19-207429), between Arizona Department of Health Services (ADHS), Women, Infant and Children (WIC) Services, Breastfeeding Peer Counseling Program (BFPC), and Farmers Market Nutrition Program (FMNP) and Online Nutritional Education Discussion Sessions (ONEDS) which includes WIC Special Projects, Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for the WIC Services, BFPC, FMNP, and WIC Special Projects. 1. Pursuant to Terms and Conditions, Page 7, Provision 6, Contract Changes: the IGA is amended as follows: 1.1 Contract No. is changed from ADHS19-207429 to CTR040476; 1.2 The Price Sheet is revised and replaced by the Price Sheet of this Amendment 1; a. Special Projects is increased to $310,610 from $240,750, an increase of $69,860 for the budget period ending September 30, 2019. 1.3 The following sections of the Scope of Work are revised as follows; 4.1.1.16 Prepare and submit WIC Local Agency Quarterly Summary Reports that match the amount of each quarters expenditures respectively in accordance with the requirements in WIC PPM. 5.3 WIC Local Agency Quarterly Cost Summary matching the WIC Contractor’s CER expenses not later than thirty (30) days following the end of each quarter report of the program year. The total Price Sheet for these services and programs is increased to a not-to-exceed amount of $9,285,390.00, for the budget period of October 1, 2018 through September 30, 2019. The term of the Agreement is October 1, 2018 through September 30, 2023. Maricopa County Department of Public Health’s Indirect Rate for FY 2018-19 is 18.9%. The indirect costs for the additional amount of $69,860 are estimated at $11,104 for WIC Special Projects, which are fully recoverable. The WIC, BFPC, FMNP and ONEDS grant award is anticipated to be reoccurring and has been awarded to the department in previous years. This grant does not require match; indirect cost is fully recoverable; and ongoing cash contributions are not required. The grant award is not a mandated function but provides a benefit to the citizens by providing vouchers for approved foods (milk, cheese, cereals, peanut butter, eggs, infant formula, and juice etc.) for low-income pregnant, postpartum, breast-feeding women, infants, and children up to five (5) years of age. Clients also receive nutrition and breast-feeding education and referrals to applicable social services. The grant award is competitive. There are no costs that will need to be absorbed by the department’s operating budget. 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 Agreement does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-19-013-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, January 30, 2019 Page 28 of 54 47. AMENDMENT TO CONTRACT WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Approve non-financial Grant Amendment No 2 to Contract No. (ADHS16-106547) between Arizona Department of Health Services (ADHS) and Maricopa County, through its Department of Public Health (MCDPH) for the Arizona Health Zone-SNAP-Ed Local Implementation (LIA) Services (formerly AzNN Snap-Ed Local Implementation Services) grant. The current contract period is October 1, 2018 through September 30, 2019. Effective December 27, 2018, it is mutually agreed that the Contract is amended as follows: 1.Pursuant to Terms and Conditions, Provision Four (4) Grant Amendment, the Grant is hereby amended as follows: 1.1 Provision Fifteen (15) Subcontracts is revised; 1.2 Add Provision Twenty Eight (28) Civil Rights Assurance Statement. (C-86-16-020-3-04) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 48. AMENDMENT TO ADJUNCT AFFILIATION AGREEMENT WITH DIGNITY HEALTH D/B/A ST. JOSEPH’S HOSPITAL AND MEDICAL CENTER TO RECOGNIZE A NAME CHANGE Approve this non-financial amendment to the Adjunct Affiliation Agreement for Medical Education between Dignity Health, a California nonprofit public benefit corporation d/b/a St. Joseph’s Hospital and Medical Center (SJHMC) and Maricopa County by and through its Department of Public (MCDPH) to recognize a name change to the “Sponsoring Organization” to Dignity Community Care (DCC), a California nonprofit Corporation d/b/a SJHMC. This agreement allows residents to participate in learning experiences at the MCDPH. All other terms and conditions of the original affiliation agreement shall remain in full force and effect. (C-86-14-102-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 49. AMENDMENT TO DIETETIAN OBSERVER AGREEMENT WITH DIGNITY HEALTH D/B/A ST. JOSEPH’S HOSPITAL AND MEDICAL CENTER, MERCY GILBERT MEDICAL CENTER, AND CHANDLER REGIONAL MEDICAL CENTER TO RECOGNIZE A NAME CHANGE Approve this non-financial amendment to the Dietitian Observer Agreement between Dignity Health, a California nonprofit public benefit corporation d/b/a St. Joseph’s Hospital and Medical Center (SJHMC), Mercy Gilbert Medical Center (MGMC), and Chandler Regional Medical Center (CRMC) and Maricopa County by and through its Department of Public (MCDPH) to recognize a name change to the “Hospital” to Dignity Community Care (DCC), a California nonprofit Corporation d/b/a SJHMC, MGMC, and CRMC. This agreement provides clinical nutrition training experience for graduate students in the dietetic internship program. All other terms and conditions of the original affiliation agreement shall remain in full force and effect. (C-86-15-019-3-01) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 50. PUBLIC USE DATA AGREEMENT WITH CITY OF TEMPE HOUSING SERVICES FOR CHILDHOOD LEAD POISONING DATA Formal Meeting Minutes Wednesday, January 30, 2019 Page 29 of 54 Approve a non-financial Public Use Data Agreement (PUDA), between City of Tempe Housing Services (CTHS) and Maricopa County by and through its Department of Public Health Services (MCDPH), Office of Family Health, to facilitate a childhood lead poisoning data gathering project. In the proposed project, childhood blood lead levels data reported in Maricopa County (MC) will be used to determine locations for environmental testing on dwelling units in MC to which HUD’s Lead Safe Housing Rule, Subparts, H (Project-Based Rental Assistance), L (Public Housing Programs), and M (Tenant-Based Rental Assistance) apply. If environmental treatment and/or remediation is necessary, it will be completed by the responsible owner. All results will be reported by CTHS to MCDPH and ADHS. This agreement becomes effective upon Maricopa County Board approval. This PUDA is in response to (C-86-17-032-3-02), Memorandum of Understanding (MOU), HU756005, Amendment No. 2, Exhibit P – Childhood Lead Poisoning Data. MOU HU756005 is in response to U.S. Department of Housing and Urban Development, Lead- Safe Housing Rule (24 CFR 35, Subpart L). (C-86-19-030-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 51. PUBLIC USE DATA AGREEMENT WITH CITY OF CITY OF MESA THROUGH ITS PUBLIC HOUSING AUTHORITY FOR CHILDHOOD LEAD POISONING DATA Approve a non-financial Public Use Data Agreement (PUDA), between City of Mesa through its Public Housing Authority (MHA) and Maricopa County by and through its Department of Public Health Services (MCDPH), Office of Family Health, to facilitate a childhood lead poisoning data gathering project. In the proposed project, childhood blood lead levels data reported in Maricopa County (MC) will be used to determine locations for environmental testing on dwelling units in MC to which HUD’s Lead Safe Housing Rule, Subparts, H (Project-Based Rental Assistance), L (Public Housing Programs), and M (Tenant-Based Rental Assistance) apply. If environmental treatment and/or remediation is necessary, it will be completed by the responsible owner. All results will be reported by CTHS to MCDPH and ADHS. This agreement is retro-active to December 1, 2018 and expires November 30, 2019. Either party may terminate this agreement with thirty day notice. This PUDA is in response to (C-86-17-032-3-02), Memorandum of Understanding (MOU), HU756005, Amendment No. 2, Exhibit P – Childhood Lead Poisoning Data. MOU HU756005 is in response to U.S. Department of Housing and Urban Development, Lead- Safe Housing Rule (24 CFR 35, Subpart L). (C-86-19-032-3-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 52. PURCHASE ORDERS FOR IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR DENTAL SEALANT SERVICES PROGRAM Approve retroactive Purchase Orders (PO) No. (PO0000014522) and (PO0000023909) for Intergovernmental Agreement (IGA) No. ADHS18-175153, Office of Oral Health (OOH) Dental Sealant Services between Arizona Department of Health Services (ADHS) and Maricopa County through its Department of Public Health (MCDPH), Office of Oral Health (OOH) to provide additional funding for the Dental Sealant (DS) Program. The retroactive status is due to an ADHS installation of their new Arizona Procurement Portal and the late processing of these purchase orders. Formal Meeting Minutes Wednesday, January 30, 2019 Page 30 of 54 The DS grant award is reoccurring and has been awarded to MCDPH in previous years. This grant does not require an in-kind match, indirect cost is fully recoverable; and ongoing case contribution are not required. The grant award is not a mandated function but provides a benefit to the citizens by providing the DS services necessary to promote oral health and provide authorized preventive dental services to at-risk children in Maricopa County. The grant award is competitive. There are no costs that will need to be absorbed by the department’s operation budget. The PO effective periods are through December 31, 2018, for the additional PO amounts of $123,222.00 (PO0000014522) and $12,900.00 (PO000023909), for a combined total amount of $136,122.00, bringing the total not to exceed amount from $440,322.00 to $576,444.00. The term for this IGA is January 1, 2018 through December 31, 2022. MCDPH’s Indirect Rate for FY 2018-19 is 18.9%. The increased indirect costs are estimated at $21,637, all of which is fully recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rate. 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 IGA does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funds for this grant are provided by ADHS and do not increase the County’s general fund. (C-86-18- 060-3-04) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo NOTE: Agenda item #53 was taken out of order and heard before agenda item #PZ-1. Real Estate - Bienes Raíces 53. ARIZONA PUBLIC SERVICE (APS) GRANT OF UTILITY EASEMENT Approve the granting of a non-exclusive utility easement, without a public auction pursuant to A.R.S. 11-251 (9), to Arizona Public Service Company (APS), and its successors and assigns, in, upon, over, under, through and across the County’s property identified as Estrella Mountain Regional Park (APN 500-79-008); and AUTHORIZE the Chairman of the Board to execute all necessary documents approved by Counsel to grant such easement. This item is located in Supervisorial District 5. This easement is necessary to provide electric service for Estrella Mountain Regional Park and will grant APS the right to construct, reconstruct, replace, repair, operate, and maintain electrical lines for the transmission and distribution of electricity (and for all other purposes connected therewith). This easement is in accordance with the Maricopa County Park Land Disposal Policy and Procedure (Policy A2610), Section II, C. 2, amended and approved by the Board of Supervisors on October 10, 2018 (C-30-19-006-6-00). THIS ITEM REQUIRES THE UNANIMOUS CONSENT OF THE BOARD OF Formal Meeting Minutes Wednesday, January 30, 2019 Page 31 of 54 SUPERVISORS (C-78-19-007-3-00) Transportation - Transportación 54. CONTRACT TO PERFORM FINAL DESIGN SERVICES - NORTHERN PARKWAY: EL MIRAGE ALTERNATIVE ACCESS Approve the award of Contract No. 2018-037, with EPS Group, Inc., to perform final design services for Maricopa County Department of Transportation, Project Number. TT0498, Northern Parkway – El Mirage Alternative Access, for a sum not-to-exceed six hundred sixty thousand, six hundred ninety-two dollars ($660,692). The Contract completion date shall be one thousand two hundred seventy-five (1275) calendar days after the Notice to Proceed has been issued. Funds will be budgeted through the Transportation Department (640) Transportation Capital Projects fund (234) Arterial Life Cycle Program (ALCP) Project, Sub-Project TT0498. (C-64-19-109-5-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 55. DEPARTMENT OF THE AIR FORCE GRANT OF EASEMENT Approve the Department of the Air Force Grant of Easement and Execution of Easement by Attorney, Board Chairman and Clerk of the Board. The approval and execution of the Grant of Easement from the Department of the Air Force will allow for maintenance of Alsup Road and the county’s drainage structure. Supervisory District No. 4 (C-64-19-107-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Supervisor Hickman expressed his thanks to the County staff who worked on this item. He explained that this street is bisected by a big fence to keep people out of Luke Air Force Base. He noted that Maricopa County stands with the Air Force and invited both the City of Glendale and the Air Force to join in helping with the expenses associated with this project. Ayes: Barney, Chucri, Gates, Hickman, Gallardo 56. IGA WITH FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR JOINT USAGE OF DISTRICT SITES FOR STORAGE AND STOCKPILED MILLINGS Approve an Intergovernmental Agreement (IGA) between Maricopa County Department of Transportation (County) and the Flood Control District of Maricopa County (District) to allow usage by the County of two sites owned by the District. These sites meet the needs of the County for its storage of supplies, equipment and stockpiled millings/materials. The purpose of this IGA is to identify and define the responsibilities of the County and District with respect to use of the sites, which includes, but are not limited to, the erecting of fencing and access gates by the County, and overall site maintenance. The IGA shall become effective the date it is approved by both the County Board of Supervisors and the Board of Directors of the Flood Control District of Maricopa County, and remain in full force and effect until all stipulations are met or the IGA is terminated. Formal Meeting Minutes Wednesday, January 30, 2019 Page 32 of 54 The County requires large, secure areas in the northwestern portion of Maricopa County for use by its Roadway Maintenance Division. It saved recent Sun Valley Parkway project costs by hauling 70,000 cubic yards of processed millings to store at these sites for future access by both agencies. It is in the best interests of the agencies to collaborate on usage of such millings for maintenance needs. The County agrees to allow the District to use a portion of the stockpiled millings, as determined by the MCDOT Roadway Maintenance Division Manager, depending on the needs of each agency. Supervisory District No. 4 (C- 64-19-110-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo 57. IGA WITH ARIZONA DEPARTMENT OF TRANSPORTATION (ADOT) FOR LOOP 101 MOBILITY PROJECT Approve the Intergovernmental Agreement (Agreement) between the Arizona Department of Transportation (ADOT) and Maricopa County (County). The County is a co-lead with ADOT on this project (Project). The Project partners also include numerous other local agencies (Partnership). The Project will procure consultant services, system integrator services, hardware equipment and software (Services) over the Project duration. Also approve a total cash and in-kind match contribution of $1.875 million to the Project and the receipt and expenditure of grant funding in any amount for the County’s portion of the Project. This includes the County’s cash contribution of $550,000 towards the cost of the General Contractor Consultant for the Project. The County will also contribute a total of $1.325 million over approximately four (4) years of the Project’s development and operations towards in-kind staff time and equipment contributions associated with the Services and Project commitments. The members of the Partnership agree to design, construct, maintain and integrate individual in-kind projects, as applicable. Funds for the County’s portion of the in-kind match contributions are programmed in the Department of Transportation (MCDOT) Operating Fund (fund 232), Transportation Systems Management Activity (TRMG), sub project TE059, Loop 101 Mobility Project. MCDOT’s FY2017 indirect cost rate is 10.1%. The grant does not allow for indirect cost recovery. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. The approval of this requested action does not alter the budget constraining the expenditures of local revenues duly adopted by the Board pursuant to A.R.S. Section 42-17105. This Project will provide Integrated Corridor Management operations, that will help identify and execute arterial detour routes that optimize the use of existing capacity, based on real- time data and predicted congestion levels. The County will co-lead this Project with ADOT, who is a direct recipient of the $6 million federal grant and will be used towards the Project. A portion of this federal grant will be passed through to Partnership agencies, once the project development process is completed. Supervisory Districts: All (C-64-19-111-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, January 30, 2019 Page 33 of 54 58. 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. (C-06- 19-292-7-00) A. D23442 (JR) Project #: TT0561 – Olive Avenue (SR 303 L to Sarival Avenue) Assessor’s Parcel #: 501-05-006F – Quit Claim Deed – Cromer, LLC for the sum of $53,822.00 B. D23442 (JR) Project #: TT0561 – Olive Avenue (SR 303 L to Sarival Avenue) Assessor’s Parcel #: 501-05-006F – Purchase Agreement– Cromer, LLC Motion to approve by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Chucri, Gates, Hickman, Gallardo BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Board of Supervisors - Junta de Supervisores 59. APPOINTMENT TO THE MERIT SYSTEM COMMISSION Approve the appointment of Rebekah Friend to the Merit System Commission representing Supervisorial District 5. The term of her appointment will be effective as of the date of Board approval through December 31, 2022. (C-06-19-290-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Supervisor Gallardo thanked those who volunteer to serve on the various Boards and Commissions. He noted Andrew Rusto and his involvement in many projects. Ayes: Barney, Chucri, Gates, Hickman, Gallardo 60. REAPPOINTMENT TO THE BOARD OF ADJUSTMENT AND DRAINAGE REVIEW BOARD Approve the reappointment of Greg Loper to the Board of Adjustment and Drainage Review Board, representing District 4. The term of the reappointment will be effective as of February 20, 2019 through February 19, 2023. (C-06-19-260-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 61. REAPPOINTMENTS TO THE TRAVEL REDUCTION PROGRAM REGIONAL TASK FORCE Approve the reappointments of Jerry Geering and Chelsie Hockersmith to the Travel Reduction Program Regional Task Force, representing Supervisorial Distict 4. The term of the reappointments will be effective February 1, 2019 through January 31, 2021. (C-06-19- 274-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, January 30, 2019 Page 34 of 54 62. REAPPOINTMENT TO THE AIR POLLUTION HEARING BOARD Approve the reappointment of Brian Davidson to the Air Pollution Hearing Board, representing Supervisorial District 5. The term of his reappointment will effective as of the Board approval through August 23, 2021. (C-06-19-293-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 63. REAPPOINTMENT TO THE PARKS AND RECREATION ADVISORY COMMISSION Approve the reappointment of Isabel Chavez to the Parks and Recreation Advisory Commission, representing Supervisorial District 5. The term of her reappointment will be effective as of the Board approval through December 31, 2020. (C-06-19-294-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo 64. REAPPOINTMENT TO THE PLANNING AND ZONING COMMISSION Approve the reappointment of Robert Zamora to the Planning and Zoning Commission, representing Supervisorial District 5. The term of his reappointment will be effective as of the Board approval through December 31, 2022. (C-06-19-295-7-00) Motion to approve by Supervisor Gallardo , seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo SETTING OF HEARINGS - CONFIGURACIÓN DE AUDIENCIAS ~All hearings will be held at 9:30 am, 205 W. Jefferson, Phoenix, unless otherwise noted~ ~Todas las audiciones será tenidas a las 9:30 de la Mañana, 205 W. Jefferson, Phoenix, amenos que de otromodo notado~ ~ Supervisor Barney left the meeting ~ Clerk of the Board - Secretaria de la Junta 65. SETTING OF HEARING FOR THE PROPOSED LA CELESTA IRRIGATION WATER DELIVERY DISTRICT IMPACT STATEMENT 1. Pursuant to A.R.S. § 48-261 and § 48-263, set a hearing date to receive the impact statement for the proposed La Celesta Irrigation Water Delivery District. The hearing date is set for Wednesday, February 27, 2019 at 9:30 a.m., 205 W. Jefferson, Phoenix, AZ 85003. 2. Pursuant to A.R.S. § 48-261(C), approve a bond in the amount of $150 to be filed with the Board by the persons proposing the district to cover cost incurred by the County if the district is not organized. The Clerk of the Board of Supervisors shall post a notice of the hearing in at least three conspicuous public places in the area of the proposed district and shall publish a notice twice in a daily newspaper at least ten days before the hearing. A notice of hearing will be sent to each property owner within the proposed district boundaries. Formal Meeting Minutes Wednesday, January 30, 2019 Page 35 of 54 At the hearing on February 27, 2019, the Board will hear those who appear for and against the proposed district and shall determine whether the district will promote public health, comfort, convenience, necessity, or welfare. If the Board of Supervisors determines that the public health, comfort, convenience, necessity, or welfare will be promoted, it shall approve the impact statement and authorize the persons proposing the district to circulate petitions within the following proposed boundaries of the district: (Supervisorial District 3) Lots 1 through 13, and Tract “A”, of LA CELESTA HOMES, a Subdivision of part of the South Half of the Northwest Quarter of the Northwest Quarter of Section 24, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 46 of Maps, Page 46. (C-06-19-280-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 66. SETTING OF HEARING FOR THE SUBMITTED PETITIONS TO FORM ORCHID PARK IRRIGATION WATER DELIVERY DISTRICT Pursuant to A.R.S. § 48-3423, set a hearing date to accept the petitions filed for the formation of the proposed Orchid Park Irrigation Water Delivery District as they have been determined to be signed by the majority of the owners of acreage within the proposed boundaries of the district. The hearing is set for Wednesday, February 13, 2019 at 9:30 a.m. The Board will order the Clerk of the Board to publish the petitions and the notice of hearing twice in a newspaper, the last not being less than 10 days before the hearing and post five (5) copies of the petitions and notice within the proposed district boundaries in conspicuous places within the proposed district boundaries described as: Lots 1 through 46 and Tract “A” of ORCHID PARK, a Subdivision of the Southeast Quarter of the Northeast Quarter of Section 31, Township 3 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 67 of Maps, Page 13; EXCEPT the following described property: Commencing at the East Quarter Corner of said Section 31; Thence North 89 Degrees 58 Minutes 39 Seconds West along the East-West Midsection line of said Section 31, a distance of 334.34 Feet to a Subdivision Corner of said ORCHID PARK; Thence North 00 Degrees 00 Minutes 00 Seconds East along the East line of said ORCHID PARK and along the East line of said Tract “A”, a distance of 167.93 Feet to an intersection with the Easterly Extension of the South line of said Lot 12; Thence continuing North 00 Degrees 00 Minutes 00 Seconds East a distance of 67.07 Feet to the Southwest Corner of Lot 6 of BRENTWOOD NORTH, according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, Recorded in Book 185 of Maps, Page 15, said point being the POINT OF BEGINNING; Thence South 86 Degrees 07 Minutes 37 Seconds West, a distance of 1.14 Feet to the East line of said Lot 12; Formal Meeting Minutes Wednesday, January 30, 2019 Page 36 of 54 Thence Continuing South 86 Degrees 07 Minutes 37 Seconds West, a distance of 6.80 Feet; Thence North 00 Degrees 36 Minutes 58 Seconds East, a distance of 86.47 Feet to the North Line of said Lot 12; Thence South 89 Degrees 58 Minutes 20 Seconds East along said North line, a distance of 5.87 Feet to the Northeast corner of said Lot 12; Thence Continuing South 89 Degrees 58 Minutes 20 Seconds East, a distance of 1.14 Feet to the East line of said Tract “A”; Thence South 00 Degrees 00 Minutes 00 Seconds West along said East line, a distance of 85.93 Feet to the POINT OF BEGINNING. TOGETHER WITH Lots 1 through 11 of ORCHID ACRES a Subdivision of the Northeast Quarter of Section 31, Township 3 North, Range 3 East, of the Gila and Salt River Base and Meridian according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 81 of Maps, Page 33; EXCEPT the North 3.80 Feet of Lot 11, ORCHID ACRES; EXCEPT the West 34.80 Feet thereof. TOGETHER WITH That portion of the Southeast Quarter of the Northeast Quarter of Section 31, Township 3 North, Range 3 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Commencing at the Southeast Corner of the Northeast Quarter of the Northeast Quarter of said Section 31; Thence South 00 Degrees 02 Minutes 30 Seconds West along the East line of said Section 31, a distance of 10 Feet to the POINT OF BEGINNING; Thence North 89 Degrees 03 Minutes 00 Seconds West a distance of 242.03 Feet; Thence South 00 Degrees 02 Minutes 30 Seconds West parallel to the East line of said Section 31, a distance of 183.66 Feet; Thence South 89 Degrees 57 Minutes 30 Seconds East 242 Feet to a point on the East line of said Section 31; Thence North 00 Degrees 02 Minutes 30 Seconds East along the East line of said Section 31, 180 Feet to the POINT OF BEGINNING. (Supervisorial District 3) (C-06-19-286-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney Transportation – Transportación 67. ROAD FILE NO. A608 Formal Meeting Minutes Wednesday, January 30, 2019 Page 37 of 54 Set a hearing for March 13, 2019 for Road File No. A608 to Open and Declare the following described alignments into the County Transportation System. In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A608. Legal description identified as Exhibit "A” is attached. General Vicinity: Rio Verde Drive and 144th Street. Supervisor District No. 2 (C-64-19-108- M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 68. ROAD FILE NO. A607 Set a hearing for March 13, 2019 for Road File No. A607 to Open and Declare the following described alignments into the County Transportation System. In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A607. Legal description identified as Exhibit "A” is attached. General Vicinity: Forest Road and McDowell Mountain Road. Supervisor District No. 2 (C- 64-19-106-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 69. ROAD FILE NO. A603 Set a hearing for March 13, 2019 for Road File No. A603 to Open and Declare the following described alignments into the County Transportation System. In accordance with A.R.S. Titles 28- 6701, 6702 and 6703, it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following described alignment into the County Transportation System, Road File No. A603. Legal description identified as Exhibit "A” is attached. General Vicinity: Boise Street and Crismon Road. Supervisor District No. 2 (C-64-19-105- M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board - Secretaria de la Junta Formal Meeting Minutes Wednesday, January 30, 2019 Page 38 of 54 70. APPOINTMENTS Approve the Official Appointment of Jerry Wright as Limited Duty Special Deputy Clerk in matters related to Improvement Districts, in the Office of the Superintendent of Streets. (C- 06-19-278-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 71. CANVASS OF ELECTIONS Pursuant to A.R.S. §16-642(B), accept the canvass of election submitted by St. John's Irrigation District. List is on file in the Clerk of the Board’s Office and retained in accordance with ASLAPR approved retention schedule. (C-06-19-276-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 72. CIVIL PENALTY APPEALS – FOR APPROVAL Pursuant to A.R.S. §42-12052, for property owners who satisfied the requirements of primary residence status: 1. Approve property owners' appeals of a civil penalty assessment, direct the Assessor to reclassify the subject properties to class three, and waive the civil penalty. 2. Approve the related resolutions associated with changing the legal classification to class 3 (owner occupied) pursuant to A.S.R. §42-12003 and apply State Aid Credit, if applicable. 3. Direct the Treasurer to make conforming corrections to the property owners’ tax bills and send notifications of the change in tax liability. List of recommended parcels is attached and will be on file in the Clerk of the Board's Office in accordance with LAPR approved retention schedule. (C-06-19-268-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 73. 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. (C-06-19-271-7-00) Name Warrant No Amount Dept/School Ivan Manriquez 45240329 183.10 Fowler Elementary Molly E Terriciano 3700050049 1,338.97 Osborn Elementary Domingo Guzman 3010020757 325.00 County Attorney Guidesoft Inc 3010012709 31,771.20 Superior Court Formal Meeting Minutes Wednesday, January 30, 2019 Page 39 of 54 Steffann Renee Kerpan 3010010115 249.00 Justice Courts Mary McGee 3700125468 936.72 Litchfield Elementary Robert Lafayette 3700126955 533.05 Higley Unified Alexis Candice Duran 3700126958 717.06 Higley Unified Jeffrey Carranza 3700126952 1,208.51 Higley Unified Amy C Franzen 22629251 2,334.58 Correctional Health Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 74. 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. (C-06-19-250-7-00) Name Warrant No Amount Dept/School Celida Sanchez-Rivas 370023682 12.45 County Attorney Foresight Group AZ LLC 866433 3,298.54 Treasurer Jill A Parsons 370019722 128.75 Superior Court Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 75. HEAD START MONTHLY REPORT Receive the Head Start report for November 2018 submitted by the Human Services Department. (C-06-19-263-7-00) Report includes information on: Program Enrollment Number of Children served with Disabilities Program eligible children on waitlist Funding Amount and Expenditures Meals served Parent education & Volunteer hours Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 76. SECURED/UNSECURED 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, as attached and on file Formal Meeting Minutes Wednesday, January 30, 2019 Page 40 of 54 in the Clerk of the Board's office in accordance with LAPR retention guidelines. 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. (C-06-19-267-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 77. SETTLEMENT/RESOLUTION OF PROPERTY TAX CASES AND CLAIMS Pursuant to A.R.S. §§42-16201 through 16258, approve the settlement/resolution of tax cases and claims as listed. (C-06-19-285-7-00) 2016/2017: TX2016-001032; 2018/2019: TX2018-000038; 2019: ST2018-000018; Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 78. TAX ABATEMENTS Approve and sign requests for tax abatements from the Treasurer’s Office pursuant to ARS 42-18353 for the parcel numbers, tax years and amounts as listed below: (C-43-19-025-M- 00) 504-32-027M 2013-2015 $208.99 949-89-031 2017-2018 $2,436.90 960-75-303 2002, 2004-2012 $678.44 960-75-303 2013 $36.91 960-91-871 2014-2017 $593.94 961-40-841 2016 $279.31 968-83-149 2017 $86.38 972-09-081 1992-1995 2016-2017 $926.66 Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney 79. TREASURER'S COLLECTIONS AND INVESTMENT SUMMARY FOR DECEMBER 2018 Pursuant to A.R.S. § 11-501, accept the Treasurer's Statement of Collections and Investment reports for December 2018, as on file in the Clerk of the Board's Office and retained in accordance with Arizona State Library Archives and Public Record (ASLAPR) approved retention schedule. (C-43-19-027-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Chucri Ayes: Chucri, Gates, Hickman, Gallardo Absent: Barney Formal Meeting Minutes Wednesday, January 30, 2019 Page 41 of 54 ~ Supervisor Barney returned to the meeting ~ BOARD OF SUPERVISORS ADDENDUM ADÉNDUM DE LA JUNTA DE SUPERVISORES County Attorney A-1. APPROPRIATION ADJUSTMENT FOR COUNTY ATTORNEY SPECIAL REVENUE FUND 1) Pursuant to A.R.S. $42-17106(B), approve the following transfer of expenditure authority within the FY2019 Budget: a) Increase the expenditure authority in the County Attorney (D190) RICO (213) Non- Recurring, Non-Project (NRNP) budget by $87,000 for Vehicles Purchased or Leased- Purchased Amounts. b) Increase the expenditure authority in the County Attorney (D190) RICO (213) Non- Recurring, Non-Project (NRNP) budget by $265,863 for Other Capital Expenditures- Construction. c) Decrease the expenditure authority for the Non-Departmental (D470) Non-Departmental Grants Fund (249) Non-Recurring Non-Project (NRNP) by $352,863. The County Attorney has identified initiatives that will enhance the public’s safety. These projects are of a one-time nature and will be resolved by the end of the 2018-2019 fiscal year. The County Attorney proposes to utilize $352,863 in existing fund balance of the County Attorney (190) RICO (213) fund. These actions will have a County-wide net impact of zero and they do not alter the budget constraining the expenditure of local revenue duly adopted by the Board pursuant to A.R.S. §42-17105. 2) Approve the purchase of three replacement vehicles for vehicles that are deemed critical due to excessive mileage and/or the age of the vehicles making it cost prohibitive to acquire replacement parts with which to maintain the vehicles. As the vehicles being replaced were purchased with County Attorney (D190) RICO Forfeited Asset Fund (213) monies as a permanent addition to the fleet, the new vehicles will also be permanently part of the fleet. This expenditure appropriation budget increase will allow the County Attorney to utilize accumulated fund balance to respond to the extraordinary needs of the organization that directly impact public safety and expend such non-recurring funds for programs and services of limited terms and duration. As this action involves the replacement of existing vehicles in the fleet, expenditures for the operation and maintenance of the vehicles will continue to be absorbed by the County Attorney's general fund budget with zero net impact. This item was discussed in Executive Session on January 28, 2019. (C-19-19-034-M-00) Motion to approve by Supervisor Hickman, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, January 30, 2019 Page 42 of 54 ~ Chairman Gates recused himself from the following item, passed the gavel to Vice Chairman Hickman and left the dais ~ A-2. FORD ET AL. V MARICOPA COUNTY (TX2016-000882) Authorize the Maricopa County Attorney’s Office to file a direct appeal or a special action in the Court of Appeals regarding TX2016-000882. This matter was heard in executive session on Jan. 28, 2019. (C-19-19-037-M-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Barney Ayes: Barney, Chucri, Hickman, Gallardo Recused: Gates ~ Chairman Gates returns dais and retrieved the gavel ~ A-3. MARICOPA COUNTY - ADP, LLC TRANSACTION PRIVILEGE TAX REFUND AND LITIGATION Approve the filing of additional complaints in the Arizona Tax Court regarding certain denied transaction privilege tax refund claims arising out of transaction privilege taxes levied by the Arizona Department of Revenue (“ADOR”) and the City of Phoenix (“Phoenix”) on ADP’s gross proceeds from the purported leasing of tangible personal property arising from that certain Contract between ADP and Maricopa County pursuant to RFP Serial 07087-RFP effective November 14, 2007 as follows: a. Filing a “First Amended Complaint” in TX2018-000246 now pending in the Arizona Tax Court against ADOR for the “First Period”, i.e., June 1, 2011 through April 30, 2014; b. Filing a new complaint against ADOR in the Arizona Tax Court for the “Second Period, i.e., May 1, 2014 through March 31, 2018; c. Filing a new complaint against Phoenix in the Arizona Tax Court for the “First Period”, i.e., June 1, 2011 through April 30, 2014; d. Filing a new complaint against Phoenix in the Arizona Tax Court for the “Second Period”, i.e., May 1, 2014 through March 31, 2018. This item was discussed in executive session on January, 28, 2019 (C-19-19-038-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Sheriff A-4. AMENDMENT TO PETSMART CHARITIES, INC. GRANT FOR FOUNDATIONAL FUNDING TO DESIGN AND CONSTRUCT NEW SHERIFF’S OFFICE ANIMAL SAFE HAVEN (MASH) FACILITY Approve the amended terms in the PetSmart Charities, Inc. grant as stated in the attached document. The amendments allow for the previously established dates to be modified to accommodate reasonable delays in the project as well as clarify donor recognition between Maricopa County and PetSmart Charities, Inc. A Memorandum of Understanding (MOU) between the Maricopa County Sheriff’s Office and the Maricopa County Board of Supervisors shall be completed within 30 days in order for the grant to be implemented. This amends the PetSmart Charities, Inc. grant approved at the January 16, 2019 Board of Supervisors meeting in agenda C-50-043-G-00. (C-50-19-043-G-01) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Formal Meeting Minutes Wednesday, January 30, 2019 Page 43 of 54 Ayes: Barney, Chucri, Gates, Hickman, Gallardo Note: Later in the meeting the Clerk asked the Board to reconsider this item as there had been a request to amend the wording in the agenda item. Supervisor Chucri was not present when the item was reconsidered. The Chairman asked the Board members to reconsider the item. Motion to reconsider by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Gates, Hickman, Gallardo Absent: Chucri Ms. McCarroll informed the Board that there had been a request to amend the wording in this agenda item in the second sentence as follows: “A Memorandum of Understanding (MOU) between the Maricopa County Sheriff’s Office and the Maricopa County Board of Supervisors shall be completed within 30 days in order for the grant to be implemented (this phrase should be amended to the following) project to move forward.” Chairman Gates then called for a motion on item A-4 as amended by the Clerk. Motion to approve with amended agenda language by Supervisor Hickman, seconded by Supervisor Barney Ayes: Barney, Gates, Hickman, Gallardo Absent: Chucri Superintendent of Schools A-5. CHIEF DEPUTY SUPERINTENDENT OF SCHOOLS APPOINTMENT Pursuant to ARS §11-409 and ARS § 11-419(C) approve the following actions related to the Superintendent of Schools Office: a. appoint Matt Morales as the Chief Deputy Superintendent of Schools, and b. Set the salary for Mr. Morales at $60.15 per hour for an annual salary of $125,103.85 . This action is effective February 11, 2019. This item was discussed in executive session on January 28, 2019. (C-06-19-298-M-00) Motion to approve by Supervisor Barney, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Risk Management A-6. APRIL COPELAND ET AL VS CITY OF PHOENIX AND MARICOPA COUNTY CV2017- 001506 Approve the settlement amount of $3,000,000 between Maricopa County and Plaintiff(s) in April Copeland et al vs. Maricopa County, concerning the Superior Court of Arizona No. CV2017-001506 and Claim No. GL6406487166141. 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 January 28, 2019. (C-75-19-010-S-00) Formal Meeting Minutes Wednesday, January 30, 2019 Page 44 of 54 Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Transportation ~ Supervisor Hickman recused himself from the following item ~ A-7. AMENDMENT TO MARICOPA COUNTY V. EMC HOLDINGS, LLC, ET AL., CV2017- 005954 Approve settlement of Maricopa County v. EMC Holdings, LLC, et al., CV2017-005954, in the amount of $934,498 plus statutory interest. This action rescinds the action taken on May 9, 2018, regarding C-64-18-129-S-00. This item was heard in Executive Session on May 7, 2018, and again on January 28, 2019. (C-64-18-129-S-01) Motion to approve by Supervisor Barney, seconded by Supervisor Gallardo Ayes: Barney, Chucri, Gates, Gallardo Recused: Hickman ~ Supervisor Hickman returned to the meeting ~ Board of Supervisors A-8. APPOINTMENT TO THE BOARD OF HEALTH Approve the appointment of Andrew Jacob Rascon to the Board of Health, representing Supervisorial District 5.The term of his appointment will be effective as of the Board approval through December 31, 2020. (C-06-19-300-7-00) Motion to approve by Supervisor Gallardo, seconded by Supervisor Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING RECESSED Chairman Gates recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Chairman Gates reconvened the Board of Supervisors. CALL TO THE PUBLIC AND SUMMARY OF CURRENT EVENTS LLAMADO AL PUBLICO Y EL RESUMEN DE TEMAS DE ACTUALIDAD 80. 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 Formal Meeting Minutes Wednesday, January 30, 2019 Page 45 of 54 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.) There were no public speakers. 81. SUPERVISORS'/COUNTY MANAGER'S SUMMARY OF CURRENT EVENTS Resumen de temas de actualidad de los Supervisores/Administrador del Condado Chairman Gates introduced a farewell video for Supervisor Barney. Fran McCarroll, Clerk of the Board, thanked Supervisor Barney for the time he had given to the County and his wisdom when there were complex issues. Supervisor Gallardo stated he was being shadowed today by Danita Rios and noted his acquaintance with Ms. Rios’s family. He acknowledged Ms. Rios’s accomplishments. He next turned his attention to Supervisor Barney and noted when he joined the Board Supervisor Barney was the Board member he was least familiar with. He said Supervisor Barney often pointed out things others missed on issues and said he would be missed. Supervisor Hickman stated that he grew up in the west valley and did not know the Barney family. It was a pleasure and privilege to get to know Supervisor Barney’s family history. Supervisor Hickman said he enjoys being able to tell people that this Board of Supervisors consists of multi-generational Arizonans doing their best for the County. He noted that Supervisor Barney is very smart and very capable and was hard-nosed at times as Chairman, but would also take pictures of eggs wherever he was and send them to me asking, “Where’s Waldo.” He addressed Candice Copple saying that she and Supervisor Barney were a one-two punch. Supervisor Hickman stated that their paths would continue to cross because he was a solid fixture in Maricopa County. Joy Rich noted that she and Supervisor Barney became acquainted quite a way back when he served on the Planning Commission. It was then she was exposed to his work ethic. She noted he always read all the packets and visited project sites and met the applicants. His goal was to make every project better. He is very thorough and measured and kept everyone challenged. She expressed how much he will be missed. Chairman Gates thanked the members of the Barney family present today and noted others in attendance that cared about Supervisor Barney. He noted that he and Supervisor Barney have known each other a long time and what a solid person and family man he is. Everyone has great admiration of him and what he has been able to accomplish in business, in the community and this next step he is taking makes perfect sense. It is extending his community involvement. Chairman Gates thanked him for his service and stated he would be missed. Chairman Gates presented Supervisor Barney with a Maricopa County flag as a token of appreciation from the Board. Supervisor Barney thanked everyone for their kind words and stated it has been a delight to serve on this Board of Supervisors. He introduced the people attending who are near and dear to him: his wife, Nicole and gave her a vase of flowers. He expressed Formal Meeting Minutes Wednesday, January 30, 2019 Page 46 of 54 his feelings for her noting she was the most beautiful part of his life. He introduced his mother-in-law and father-in-law and noted they were great advocates. He noted his older brother, Jason; his sister, DeAnn and her husband, Cade; and his sister, Jennifer and her husband, Talon. He introduced two of his closest friends, David Potier and Bill Oakland who have supported him financially and as confidantes. He noted Steve Watson, Superintendent of Schools, and Tom Manos, former County Manager, who is truly one of his heroes in the world of civil service. He recognized the extensive and detailed work that went into the Board meetings and the hundreds of pages of agendas. He said Maricopa County is 9,200 square miles in size and has a larger population than 25 of the states in the United States. He noted the County’s $2.5 billion budget the Board manages. He said life is about dreams and he shared some of his boyhood dreams and went on to say dreams can change to something more meaningful such as finding an amazing wife and family. He also said one of his dreams was to serve in an elected office someday, which came true. He shared his experience in attaining this dream and the challenges he faced in doing so. He learned that things he took for granted are not necessarily things that other people have such as shelter or food and he loves being a part of a County that works to tackle these issues and the many ways the County works for its residents. He thanked everyone for working with his tenacity and addressing things that are important to him such as the regulatory hammer and the way the taxpayer’s money is managed. He then presented thank you gifts to those who have helped him serve the County and his colleagues on the Board of Supervisors. Chairman Gates asked Supervisor Barney to end the meeting for his last time and gave him the gavel. MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _____________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, January 30, 2019 Page 47 of 54 IMPROVEMENT DISTRICTS AGENDA AGENDA DE DISTRITO DE MEJORAMIENTO The Board of Directors of the Improvement Districts of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, January 30, 2019, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, District 1; Steve Chucri, District 2; Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. I-1. QUEEN CREEK DOMESTIC WATER IMPROVEMENT DISTRICT K-91 Adopt a resolution dissolving K-91, Queen Creek Domestic Water Improvement District in accordance with A.R.S. 48-959. All obligations of this improvement district have been paid in full and operation and maintenance has been taken over by the county. It is further noted the County Treasurer is requesting payment of $6,650.00 for Bond Agent fees per A.R.S. 48-965 from the remaining balance of $11,571.76 and shall transfer the amount to the Treasurer’s Office account. It is further recommended that the County Treasurer shall transfer remaining balance after fees of $4,921.76 from the Queen Creek Domestic Water Improvement District to the Improvement District Reserve Fund T00-999. The Maricopa County Treasurer’s Office has researched their files and confirmed that this district does not have any bonds and/or coupons outstanding. The district is located in the general area south of the Town of Queen Creek. (C-64-19-104- 7-00) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo I-2. PLYMOUTH STREET IMPROVEMENT DISTRICT K-109 Adopt a resolution dissolving K-109, Plymouth Street Improvement District in accordance with A.R.S. 48-959. All obligations of this improvement district have been paid in full and operation and maintenance has been taken over by the county. It is further recommended that the County Treasurer shall transfer remaining balance of ($605.22) from the Plymouth Street Improvement District to the Improvement District Reserve Fund T00-999. The Maricopa County Treasurer’s Office has researched their files and confirmed that this district does not have any bonds and/or coupons outstanding. It is further noted that K109 included paying agent fees at closing and have been paid annually. The district is located in the vicinity of 78th Street and McDowell Road (C-64-19-103-7-00) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo Formal Meeting Minutes Wednesday, January 30, 2019 Page 48 of 54 MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _____________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, January 30, 2019 Page 49 of 54 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 9:30 AM on Wednesday, January 30, 2019, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, District 1; Steve Chucri, District 2; Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. F-1. AMENDMENT TO IGA WITH TOWN OF GILBERT FOR THE RECREATIONAL USE OF THE RITTENHOUSE BASIN Approve Intergovernmental Agreement (IGA) Amendment FCD 2004A007A for the recreational use of the Rittenhouse Basin between the Town of Gilbert (Gilbert) and the Flood Control District of Maricopa County (District). The purpose of this IGA Amendment is to revise the basis of payments by the DISTRICT for at-grade landscaping and irrigation improvements to be accomplished by Gilbert as part of Gilbert’s park improvements within the Rittenhouse Basin, and to revise the contracting method to be used for the same. The District designed and constructed the Rittenhouse Basin along the East Maricopa Floodway (EMF) to improve the level of flood protection provided by the EMF. The District is the owner of the Rittenhouse Basin property and Gilbert has purchased and the District has conveyed to Gilbert an exclusive perpetual Easement over the Rittenhouse Basin property for the construction of a regional park. Agreement IGA FCD 2004A007 includes a cash payment from the District to Gilbert at the completion of Gilbert’s installation of the perimeter at-grade landscaping and irrigation. Gilbert’s implementation of the park improvements and the installation of the at-grade landscaping and irrigation will now be accomplished in phases over some yet to be determined period of years. This phasing requires adjustments to the payment terms of the original Agreement. The maximum amount to be paid by the District to Gilbert for Gilbert’s installation of all the at-grade landscaping and irrigation will not exceed $1,950,000 adjusted by the change in the Consumer Price Index for all urban consumers (“CPI-U”) from the date of the recordation of IGA FCD 2004A007 (i.e., October 13, 2006) to the date of the issuance by Gilbert of the first contract for the first phase of the installation of the at-grade landscaping and irrigation. As of June 2018 this equates to approximately $2.485M. The timing of payments made by the District are dependent on the timing of Gilbert’s implementation of the phased at-grade landscaping and irrigation installation. This Agenda Item impacts Supervisorial Districts 1 and 2. (C-69-07-017-2-01) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-2. IGA WITH MCDOT FOR JOINT USAGE OF DISTRICT SITES FOR STORAGE AND STOCKPILED MILLINGS Approve and Intergovernmental Agreement (IGA) between Maricopa County Department of Transportation (County) and the Flood Control District of Maricopa County (District) to allow usage by the County of two sites owned by the District. These sites meet the needs of the County for its storage of supplies, equipment and stockpiled millings/materials. The purposed of this IGA is to identify and define the responsibilities of the County and District with respect to use of the sites, which includes, but are not limited to, the erecting of fencing and access gates by the County, and overall site maintenance. The IGA shall become effective the date it is approved by both the County Board of Supervisors and the Formal Meeting Minutes Wednesday, January 30, 2019 Page 50 of 54 Board of Directors of the Flood Control District of Maricopa County, and remain in full force land effect until all stipulations are met or the IGA is terminated. The District has two storage and stockpiled milling sites available for County’s continued and future Roadway Maintenance Division usage near Deer Valley Road/US 60 McMicken Dam area and Van Buren Street/Sun Valley Parkway near I10. The County requires large, secure areas in northwestern Maricopa County for use by its Roadway Maintenance Division. It reduced Sun Valley Parkway project costs by hauling 70,000 cubic yard of processed millings and storing them at each of these sites for future access by both agencies. It is in the best interests of the agencies to collaborate on usage of such millings, as determined by the MCDOT Roadway Maintenance Division Manager, depending on the needs of each agency. (C-69-19-018-3-00) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-3. JOB ORDER CONTRACT FOR CONCRETE PLACEMENT AND REPAIR SERVICES Award Contract FCD 2018C017 Job Order Contract to M.D. MERRETT. INC. Contract for Concrete Placement and Repair Services. This contract shall be effective for a period of two (2) years from the Board award date and may be renewed, if mutually agreed to by both the Contractor and the Flood Control District of Maricopa County (District), for an additional three (3) one-year periods. The contract amount will not exceed $3,000,000 per contract year, maximum $1,000,000 limit per individual project work assignment. This is a qualifications-based selection in accordance with the Maricopa County Procurement Code, Article 5, Paragraph 504, Section G and Article 5 Procurement Procedures Manual, Chapter V. The District issued a Public Notice on August 16, 2018 seeking experienced Contractors to perform Concrete Placement and Repair Services of utilizing Job Order Contracting (JOC) project delivery methods. The awarded Contractor shall perform repair modification and construction and associated work through contracted on-call work assignments. This item impacts All Supervisorial Districts. (C-69-19-019-5-00) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo F-4. PERSONNEL AGENDA FOR THE FLOOD CONTROL DISTRICT (07/02/2018 TO 12/30/2018) Approve the Maricopa County Flood Control District Personnel Agenda for the period of 07/02/2018 to 12/30/2018 consistent with the agenda item C-49-07-038-6-00 approved on April 18, 2007. The personnel agenda is on file in the Office of the Clerk of the Board. (C-31- 19-029-6-00) Motion to approve by Director Barney, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. Formal Meeting Minutes Wednesday, January 30, 2019 Page 51 of 54 _____________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, January 30, 2019 Page 52 of 54 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 9:30 AM on Wednesday, January 30, 2019, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, District 1; Steve Chucri, District 2; Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Clerk of the Board; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. L-1. DONATIONS In accordance with County Policy A2508, accept the monthly donation report received from the Maricopa County Library District for months November 2018 (for Non-Cash Value: $7,041.02) and December 2018 (for Non-Cash Value: $6,079.37) (C-06-19-265-7-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo L-2. DONATION OF COSTUMES FROM EASLEY'S FUN SHOP Approve and accept the donation of 15 adult-sized, custom (children-themed) costumes from Easley's Fun Shop, valued at $3,692.10 for usage by the Maricopa County Library District during scheduled library events. (C-65-19-010-D-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo L-3. REVOCABLE LICENSE AGREEMENT WITH SUN LAKES UNITED METHODIST CHURCH Approve and execute Revocable License Agreement (RLA) Number P-50333 with the Sun Lakes United Methodist Church (Licensor) for the use of space located at 9248 East Riggs Road, Sun Lakes, AZ 85248 (Premises). The RLA will allow the Maricopa County Library District (District) non-exclusive use of the Premises for District sponsored community programming events. The RLA will commence upon execution by both Parties and will continue for five (5) years, unless terminated by either Party as provided for in the RLA. The Agreement may be extended for two (2) - five (5) year renewal terms by mutual written agreement of the Parties. The RLA also provides for District employee parking and overflow parking during library business hours. Consideration for use of the Premises will be a one-time reimbursement to the Licensor to install at a one-time cost of Nine Thousand Dollars ($9,000.00) a loop system for the hearing impaired. The loop system will remain with the Premises upon termination of the RLA. Should Licensor terminate within the first year, the Nine Thousand Dollars ($9,000.00) reimbursement will be refunded, pro-rated over the remaining months of the RLA. There is no other cost to the District. (C-65-19-011-3-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo L-4. PERSONNEL AGENDA FOR THE LIBRARY DISTRICT (07/02/2018 TO 12/30/2018) Approve the Maricopa County Library District Personnel Agenda for the period of Formal Meeting Minutes Wednesday, January 30, 2019 Page 53 of 54 07/02/2018 to 12/30/2018 consistent with the agenda item C-49-07-038-6-00 approved on April 18, 2007. The personnel agenda is on file in the Office of the Clerk of the Board. (C-31- 19-030-6-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _____________________________ Bill Gates, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, January 30, 2019 Page 54 of 54 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 9:30 AM on Wednesday, January 30, 2019, in the Supervisors' Auditorium, 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Denny Barney, District 1; Steve Chucri, District 2; Bill Gates, Chairman, District 3; Clint Hickman, Vice Chairman, District 4; Steve Gallardo, District 5. Also present: Fran McCarroll, Official Record Keeper; Lori Medaris, Minutes Coordinator; Joy Rich, County Manager; and Andrea Cummings, Legal Counsel. S-1. PERSONNEL AGENDA FOR THE STADIUM DISTRICT (07/02/2018 TO 12/30/2018) Approve the Maricopa County Stadium District Personnel Agenda for the period of 07/02/2018 to 12/30/2018 consistent with the agenda item C-49-07-038-6-00 approved on April 18, 2007. The personnel agenda is on file in the Office of the Clerk of the Board. (C-31- 19-031-6-00) Motion to approve by Director Gallardo, seconded by Director Hickman Ayes: Barney, Chucri, Gates, Hickman, Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _____________________________ Bill Gates, Chairman of the Board ATTEST: _______________________________ Fran McCarroll, Official Record Keeper