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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 Clint Hickman, Chairman, District 4 Jack Sellers, Vice Chairman, District 1 Steve Chucri, District 2 Bill Gates, District 3 Steve Gallardo, District 5 County Manager Joy Rich Clerk of the Board Fran McCarroll Meeting Location Supervisors’ Auditorium 205 W. Jefferson Phoenix, AZ 85003 FORMAL MEETING MINUTES BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Stadium District, Improvement Districts Housing Authority of Maricopa County and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control District 75 Library District 79 Stadium District 81 Board of Deposit No Meeting Wednesday, August 19, 2020 9:30 AM Formal Meeting Minutes Wednesday, August 19, 2020 Page 2 of 82 1. INVOCATION - INVOCACIÓN Supervisor Gates introduced Matt Gress, Budget Director for Governor Ducey’s office. Mr. Gress serves on the Madison District School Board and is a representative on the Maricopa County Planning and Zoning Commission. Mr. Gress offered the invocation telephonically. 2. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Mr. Gress led the Pledge of Allegiance to the Flag telephonically. 3. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, August 19, 2020, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Jack Sellers, Vice Chairman, District 1; Steve Chucri, Supervisor, District 2 (telephonically); Bill Gates, Supervisor, District 3 (telephonically); Steve Gallardo, Supervisor, District 5. Also present: Fran McCarroll, Clerk; Joy Rich, County Manager; Kelly Gardiner, Minutes Coordinator; Andrea Cummings, Legal Counsel (telephonically). 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL - PRESENTACIÓN DE ANIMALES DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Chairman Hickman introduced Maggie, (a picture was displayed on screen), a two-year old Chihuahua that came to Maricopa County Animal Care and Control (MCACC) as a stray. MCACC does not have a lot of information on Maggie except she is adventuresome and likes being around people. Maggie is available for a $25 adoption fee which includes her license and all current vaccinations. Her ID is 4455371. Chairman Hickman noted that through the end of August, MCACC is participating in the nationwide NBC Universal Clear the Shelters event. All adult dogs are only $25 and adult cats go home at no charge. For more information on adoption, please call (602)-506-Pets (7387) or make an appointment at pets.maricopa.gov. 5. ACCEPT THE RESIGNATION OF THE COUNTY LIBRARIAN Accept the resignation of Cynthia Kolaczynski, County Librarian and Director of the Maricopa County Library District, effective at close of business, September 1, 2020. (C-06-21-060-X-00) Chairman Hickman announced the retirement of Cynthia Kolaczynski, County Librarian and Director of the Maricopa County Library District. Her retirement is effective September 1, 2020 after 16 years of service. Chairman Hickman highlighted Ms. Kolaczynski’s stellar career beginning at the North Valley Regional Library as the Youth Services Manager. She moved into Branch Operations, then on to the role as Deputy Director. In 2011, Ms. Kolaczynski was promoted to Director of Maricopa County Library District and County Librarian. She has been innovative and kept the District relevant with current technology. While serving the citizens of Maricopa County, Ms. Kolaczynski has received recognition from the National Association of Counties (NACo) and other accolades. Ms. Kolaczynski is respected and admired and her collaboration with the 15 local municipalities that make up the Maricopa County Library District has benefited all of Maricopa County. Supervisor Sellers spoke about his previous concern for the fate of libraries as technology and digital services increased. He stated that, under Ms. Kolaczynski’s leadership, the Formal Meeting Minutes Wednesday, August 19, 2020 Page 3 of 82 Maricopa County Library District has thrived and has been successful in meeting the needs of the diverse communities of Maricopa County. Supervisor Gallardo commented on the impact library services have in his district, specifically the Town of Gila Bend. The Gila Bend Library is a gathering place for the residents with services that enable them to connect with the internet, check out books, and read magazines. The library is a safety net for the community. Supervisor Gallardo thanked Ms. Kolaczynski for her efforts and contributions to the wellbeing of the citizens of Maricopa County. Supervisor Gates echoed the comments of his colleagues. He said the North Valley Regional Library, located on the campus of Boulder Creek High School, is a tremendous resource for that area. He reiterated that Ms. Kolaczynski has been an innovator, keeping the library system relevant throughout the Coronavirus pandemic. Supervisor Chucri said Ms. Kolaczynski has a passion for the job and did what was needed to make the Library system run smoothly. He thanked her for many years of service that have contributed to making the Library District an integral part of Maricopa County. Chairman Hickman said each of the Libraries have their unique qualities which reflect the community they serve. He spoke about when he became a Board member seven years ago. El Mirage was the library he first visited, and he questioned how libraries fit into the digital world. Chairman Hickman said the library system has morphed with the times and those changes have taken place Countywide. He stated Ms. Kolaczynski has been the leader of the transformation and the County is better for it. Ms. Kolaczynski came forward to speak. She thanked the Board for all the support and said it has been an honor to serve the organization. She said she appreciates all the comments and said the accomplishments are due to the team that supports her. Ms. Kolaczynski stated she had many creative projects with the full support and trust from her team. When things did not turn out as expected, the team pivoted time after time until the goal was achieved. The Board presented Ms. Kolaczynski with a plaque and pictures were taken. Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Note: Agenda item # 137 was taken out of order and heard before agenda item #6 MEETING RECESSED Chairman Hickman recessed the Board of Supervisors to convene as the Library District, Board of Directors. (Clerk’s note: The following item is also included in the Library District Board of Directors meeting minutes for this date.) 137. APPOINTMENT OF NEW MARICOPA COUNTY LIBRARY DISTRICT DIRECTOR Appoint Jeremy Reeder as the Maricopa County Library District Director effective September 2, 2020. Pursuant to A.R.S. 11-906 and 11-908, once appointed as Director, Mr. Reeder will apply for certification as the County Librarian to the State Board of Library Examiners. (C-06- 21-075-X-00) Chairman Hickman stated that Mr. Reeder has partnered with Cindy Kolaczynski for the last nine years as the Deputy Director for the Maricopa County Library District. Prior to his Formal Meeting Minutes Wednesday, August 19, 2020 Page 4 of 82 position as Deputy Director, Mr. Reeder had 20 years of professional experience as a Librarian including executive level management experience. He started with Maricopa County in 2004 and participated in the planning, design and remodel of 11 library branches. During that time, he developed a collaborative relationship with the communities served. He has given presentations at the American Library Association, Public Library Association and statewide at the Arizona Library Association. Mr. Reeder will start in this new position on September 2, 2020. Motion to approve by Director Jack Sellers, seconded by Director Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo MEETING RECESSED Chairman Hickman recessed the Library District, Board of Directors to reconvene as the Board of Supervisors PLANNING AND ZONING HEARINGS - AUDIENCIAS DE PLANIFICACIÓN Y DESARROLLO PLANNING AND ZONING CONSENT HEARINGS - AUDIENCIAS DE CONSIENTA 6. CAMELBACK PLACE AT DYSART Case #: S2020002 Supervisor District: 4 Applicant / Owner: Jenifer Bell, Deaton Reality Services / 545657, Inc. Request: The replat of Lots 5, 6 and 7 of the Final Plat of Camelback Place at Dysart to create a new lot Site Location: Northwest corner of Dysart Rd. and Camelback Rd. in the Glendale area Staff Recommendation: Approval (C-44-21-031-X-00) Motion concur with Staff recommendation for approval by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 7. TRETHAN FARMS Case #: Z2019123 Supervisor District: 4 Applicant / Owner: Adam Baugh, Withey Morris PLC / Jewel Investment Company LP/ETAL Request: Rezone from Rural-43 and C-3 to R1-6 RUPD Site Location: Generally located at the southwest corner of Olive Ave. & Cotton Ln. Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2019123 subject to conditions ‘a’ – ‘j’: Formal Meeting Minutes Wednesday, August 19, 2020 Page 5 of 82 a. Development of the site shall be in substantial conformance with the conceptual Site Plan entitled “Olive Avenue and Cotton Lane”, consisting of 2 full-size sheets, dated May 6, 2020, and stamped received May 12, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Trethan Farms”, consisting of 8 pages, dated April 3, 2020, and stamped received May 12, 2020, except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. All buildings shall be subject to noise attenuation as per ARS § 28-8482(B) and Maricopa County requirements. e. The following Planning Engineering comments shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Storm water retention for the development of this site shall be in accordance with MCZO 1205.7.6.2. 3. A traffic impact study must be submitted with any future entitlement application (i.e. Preliminary Plat). 4. An application for a CLOMR must be submitted to the Flood Control District of Maricopa County concurrent with any future entitlement application (i.e. Preliminary Plat). 5. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction f. The master developer shall notify future homeowners that they are located within the state- defined “territory in the vicinity of a military airport” with the following language: “You are buying a home or property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 overflights per day. Although Luke's primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends. Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door Formal Meeting Minutes Wednesday, August 19, 2020 Page 6 of 82 of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. For further information, please check the Luke Air Force Base website at www.luke.af.mil/ or contact the Maricopa County Planning and Development Department.” g. 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. h. The following R1-6 RUPD standards shall apply: 1. Front Yard Setback: 15 feet 2. Rear Yard Setback: 20 feet 3. Minimum Lot Area: 4,378 square feet 4. Minimum Lot Area per Dwelling Unit: 7,000 square feet 5. Minimum Lot Width: 45 feet 6. Maximum Lot Coverage: 55% 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, 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. (C-44- 21-029-X-00) Motion to concur with Commission recommendation for approval subject to conditions "a" through "j" by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 8. SOUTHWEST BARRICADES Case #: Z2018102 Supervisor District: 3 Applicant / Owner: Rod Jarvis, Earl & Curley / Applied Investments 2 LLC Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located 520’ east of the southeast corner of 19th Avenue and Parkview Lane in the Phoenix area Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2018102 subject to conditions ‘a’ – ‘g’: Formal Meeting Minutes Wednesday, August 19, 2020 Page 7 of 82 a. Development of the site shall be in substantial conformance with the Site Plan entitled “Southwest Barricades”, consisting of 2 full-size sheets, dated October, 2019, and stamped received May 14, 2020. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Southwest Barricades Narrative Report”, consisting of 6 pages, dated May 11, 2020, and stamped received May 14, 2020, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Retention basins must drain within 36 hours. Minimum drywell spacing in the retention basin shall be 50 feet. 2. This site is encumbered by federal patent easements. No new improvements may be constructed within the easements. Certain entities have the right to work within or otherwise use these easements which may cause damage to or removal of the existing perimeter fence and/or material located within the easements. Approval of this application does not constitute permission to interfere with or use the easements in any way. 3. A minimum 25 foot separation is required between retention basins and septic facilities. 4. Engineering review of planning and/or zoning cases is for conceptual design only all development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 5. Detailed Grading and Drainage Plans indicating that the site will drain towards the retention basin(s) will be required with the submission of building/grading permit application(s). d. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. e. The following IND-2 IUPD standards shall apply: 1. Front Yard 5-feet 2. Side Yard, 0-feet 3. Corner Side Yard, 0-feet 4. Rear Yard, 0-feet 5. Enclosure and Screening, existing 6’(h) chain link f. 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) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. g. 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, 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 Formal Meeting Minutes Wednesday, August 19, 2020 Page 8 of 82 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. (C-44- 21-028-X-00) Motion to concur with Commission recommendation for approval subject to conditions “a” through “g” by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 9. UPLAND RV AND BOAT STORAGE Case #: Z2018125 Supervisor District: 4 Applicant & Owner: Karl Von Wolff, Upland RV and Boat Storage Inc. Request: Special Use Permit (SUP) for Outdoor RV and Boat Storage in the Rural-43 Zoning District Site Location: Approx. 625 feet north of the NEC of Lower Buckeye Road and 272nd Avenue alignment, in the Buckeye area. Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2018125 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Upland RV & Boat Storage,” consisting of 1 full-size sheet, dated May 14, 2020, and stamped received May 18, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Upland RV & Boat Storage,” consisting of 6 pages, dated May 14, 2020, and stamped received May 18, 2020, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance, the Maricopa County Drainage Policies and Standards, and the MCDOT Roadway Design Manual. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 3. All retention basins with 100-year, 2-hour storm water depths deeper than three feet shall be fenced per Section 6.2.7 of the Drainage Policies and Standards for Maricopa County. 4. All retention basins shall drain within 36 hours per Section 6.10 of the Drainage Policies and Standards for Maricopa County. d. The following Maricopa County Environmental Services Department (MCESD) condition shall apply: 1. Prior to construction permit approval new NOID permits must be obtained. Formal Meeting Minutes Wednesday, August 19, 2020 Page 9 of 82 e. The Special Use Permit shall expire on August 19, 2040. Unless the Special Use Permit is renewed or extended or similar zoning entitlement approved, all improvements shall be removed within 120 days of such expiration or termination of use. f. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. g. 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, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-21-026-X-00) Motion to concur with Commission recommendation for approval subject to conditions “a” through “g” by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 10. 18507 W. VAN BUREN ST. Case #: Z2019094 Supervisor District: 4 Applicant & Owner: Brian Smith Request: Special Use Permit (SUP) for Interim Industrial Uses in the Rural-43 Zoning District Site Location: Generally located approx. 1,146’ south of the SEC of Perryville Rd. & Van Buren St. in the Goodyear area Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2019094 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Special Use Permit for 18507 W Van Buren St“, consisting of 2 full-size sheets, dated June 4, 2020, and stamped received June 23, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “18507 W Van Buren St., Goodyear, AZ 85338”, consisting of 4 pages, dated June 4, 2020, and stamped received June 23, 2020 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Building and floodplain use permits for the site work shown on the approved plans must be applied for within six (6) months of BOS approval; and completed within six (6) months thereafter. Formal Meeting Minutes Wednesday, August 19, 2020 Page 10 of 82 2. Any renovation to existing buildings on site must comply with the Flood Control District’s and FEMA’s Substantial Improvement requirements. 3. Any volume displacement for new construction within the FEMA Zone AH floodplain shall be equally compensated from within the same ponding area. 4. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 5. Detailed Grading and Drainage Plans must be submitted with the application for building permits. d. This special use permit shall expire on August 19, 2030, or upon termination of the use for a period of 120 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 120 days of such expiration or termination of use. e. The following Rural-43 Zoning District standards shall apply: 1. Pavement for Parking Spaces and Internal Driveways – May be waived with acceptance of dust control plan by Maricopa County Air Quality Control except for ADA parking spaces 2. Sight Visibility Triangle – Not required f. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. g. 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. h. 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, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-21-027-X-00) Motion to concur with Commissions recommendation for approval subject to conditions "a" through "h" by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 11 of 82 11. FRY’S SHOPS MONUMENT SIGNS Case #: Z2020021 Supervisor District: 2 Applicant / Owner: Kaytlin Fox, Evergreen – Development Company / Evergreen – Broadway & Ellsworth, LLC & Smith Food & Drug Centers Inc. Request: Amend the C-S CUPD overlay zoning district to allow two new freestanding monument signs per street frontage Site Location: Generally located 200’ south and east of the southeast corner of Ellsworth Rd. and Broadway Rd. in the Mesa area Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2020021 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance the Site Plan entitled, “Overall Site Plan”, consisting of one (1) full-size sheet, dated, April 30, 2020, and stamped received May 7, 2020, except as modified by the following. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “435 & 439 S. Ellsworth Road”, consisting of four (4) pages, dated April 30, 2020, and stamped received May 7, 2020, except as modified by the following. c. Any new freestanding monument sign shall match the architecture and color pallet of the existing shopping center. d. The following Maricopa County Environmental Services Department (MCESD) comment shall apply: 1. Will require minor NOID application approval. e. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases are for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2. All development and engineering designs shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 3. At the time of application for building permit(s), detailed Grading & Drainage Plans must be provided. f. The following C-S CUPD development standards shall apply: 1. The ability to have two (2) freestanding monument signs per street frontage at the location and per the standards identified in conditions ‘a’ and ‘b’. 2. The ability to place a freestanding monument sign a minimum of 100-feet away from another freestanding monument sign. Formal Meeting Minutes Wednesday, August 19, 2020 Page 12 of 82 g. Noncompliance with any Maricopa County Regulations shall be grounds for initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. h. The property owners and their successors waive claim of diminution of value if Maricopa County takes action to rescind approval due to noncompliance with conditions. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the land owner. The granting of this approval allows the property owner to enjoy uses in excess of those permitted by the zoning that 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 to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value the property held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the values 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. (C-44-21-025-X-00) Motion to concur with Commission recommendation for approval subject to conditions “a” through “i” by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 12. ARIZONA OLYMPIAN GYMNASTICS Case #: Z2020041 Supervisor District: 1 Applicant / Owners: Lindsay C. Schube, Gammage & Burnham PLC / Lyle A & Karleen T Guthrie Request: Modification of conditions to a Special Use Permit (Z2007003) to amend condition ‘o’ Site Location: Generally located west of Gilbert Rd. at the Eastern Canal and north of Brooks Farm Rd. in the Chandler area. Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2020041 subject to conditions ‘a’ – ‘z’: a. Development of the site shall comply with the Site Plan entitled “Arizona Olympian Gymnastics”, consisting of one (1) full-size sheet, dated February 2009, and stamped received February 10, 2009 except as modified by the following stipulations. b. Development of the site shall be in conformance with the bound Narrative Report entitled “ Special Use Permit for Arizona Olympian Gymnastics, LLC”, consisting of thirty-seven pages (37) pages, including exhibits A through G, dated revised October 21, 2008, and stamped received November 13, 2008, except as modified by the following stipulations. As amended by the narrative report titled “Arizona Olympian Gymnastics” consisting of three (3) pages dated May 27, 2020, and received May 28, 2020. c. Development of the site shall comply with the Landscape Plan entitled “Arizona Olympian Gymnastics Proposed Landscape Plan”, consisting of one (1) full-size sheet, stamped received March 9, 2009, except as modified by the following stipulations. Within thirty (30) days of Board of Supervisor’s approval, a revised Landscape Plan shall be submitted modified as follows: 1. Add a note “All trees shall be double-staked when installed” 2. Call out the sight visibility triangle Formal Meeting Minutes Wednesday, August 19, 2020 Page 13 of 82 3. Add note: “No structures, landscaping, fence, wall, or terrace or other obstruction to view in excess of two feet in height as measured from the centerline of the street shall be placed within the required 25-foot sight visibility triangles” 4. Remove any plants over 2’ (h) from the sight visibility triangle 5. Enhance the landscaping to buffer the sight of the parking as seen from Gilbert Rd. d. All trees shall be double-staked when installed. e. Prior to issuance of any building permits, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. f. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. g. The owners shall comply with the following Maricopa County Department of Transportation (MCDOT) recommendations: 1. Provide a total half-width of 45 feet of right-of-way on Gilbert Road. 2. Defer bonding for ultimate half-width improvements on Gilbert Road. MCDOT will review the need for bonding on an annual basis and may request the bonding if/when deemed necessary. 3. All parking spaces to be treated with gravel or asphalt millings. 4. All driveways in county right-of-way must be paved. h. Permits and all safety inspections for the wall adjacent to Gilbert Rd. shall be obtained prior to dedication of the ultimate right-of-way for Gilbert Rd. Should all or any portion of said wall have to be removed or relocated due to future project for road widening or similar improvements, the removal or relocation shall be completed at the property owner’s expense. i. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. j. All development and engineering design shall be in conformance with the Drainage Regulation and current engineering policies, standards and best practices at the time of application for construction. k. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of any building permits, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. l. Prior to issuance of any building permits, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire Department servicing the site. m. Prior to issuance of any building permits, a Floodplain Use Permit must be obtained from the Floodplain Management and Services Division of the Flood Control District (FCD) or as otherwise deemed necessary by the FCD. n. Development of this site shall comply with the requirements of the Office of State Fire Marshall. Formal Meeting Minutes Wednesday, August 19, 2020 Page 14 of 82 o. This Special Use Permit shall expire December 31, 2040. Upon termination of the use, the owners shall apply for variances for setbacks and lot coverage for the existing building to be maintained as storage shed. p. The applicant shall submit a written report outlining the status of the development at the end of one (1) year and five (5) years from the date of approval by the Board of Supervisors. The Status Report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved stipulations. The applicant shall address adequacy of parking with each Status Report and shall apply for any necessary amendments. If a building permit and Certificate of Occupancy has not been issued for the gymnasium by the first status report, staff shall schedule the case for review by the Commission for consideration of SUP revocation. q. The school shall close until the property owner finals a Building Permit to retrofit the existing building to meet current commercial building code requirements as applicable and obtains a Certificate of Occupancy for the retrofitted building. r. No off-site or on-street parking shall be allowed. s. Signage shall be limited to two (2) on-site signs each not exceeding 24 sq. ft. – no further advertising is permitted off-site of property and adjacent right-of-way. t. No vehicles are permitted to park or stand (idle) along Gilbert Road adjacent to the site. u. The site shall operate in a manner that is compliant with Maricopa County Air Quality Department regulations regarding fugitive dust control. v. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. w. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). x. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. y. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with stipulations. z. The applicant shall resolve all outstanding design issues to demonstrate compliance with drainage regulations of Maricopa County. At the time of construction permit application the applicant shall address all items identified in the drainage review comment memo dated 04/02/2009. (C-44-21-030-X-00) Motion to concur with Commission recommendation for approval subject to conditions “a” through “z” by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 15 of 82 13. 303 AND OLIVE Case #: Z2019129 Supervisor District: 4 Applicant / Owner: William E. Lally, Tiffany & Bosco, P.A./ Jetsri Properties, Desert Forest Nursery, Cromer LLC, Family First Invest, FHF LLC Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located approximately 500’ south of the SEC of Olive Ave. & Cotton Ln. Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2019129 subject to conditions ‘a’ – ‘i’: a. Development of the site shall comply with the Zoning Exhibit entitled “Loop 303 & Olive”, consisting of 1 full-size sheet, stamped received July 7, 2020, except as modified by the following conditions. b. Development of the site shall be in general conformance with the Narrative Report entitled “303 & Olive Property Rezone”, consisting of 11 pages, stamped received July 7, 2020, except as modified by the following conditions. c. The CUPD overlay 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) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. d. The C-2 CUPD shall prohibit the following land uses: Medical Marijuana facilities, Adult Oriented facilities, Automobile repair shops and garages, and Drive-thrus for restaurants. e. The following C-2 CUPD standards shall apply for the offsite (billboard) signage: 1. Maximum height: 45’ 2. Maximum sign area: 672 sq. ft. 3. Rear yard setback for APN 501-05-006M: 0’ (east) 4. Setback to Rural-43 zoning: 0’ east and north/50’ south 5. Setback to Rural-43 zoning for illuminated sign: 0’ east and north/50’ south 6. Screening: no screening for billboard or nursery f. The following Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Dedication of additional right-of-way along Cotton Lane may be required as part of future site entitlements (i.e. plan of development). 3. A Traffic Impact Study must be submitted with the application for future entitlements (i.e. plan of development). Formal Meeting Minutes Wednesday, August 19, 2020 Page 16 of 82 4. An application for a CLOMR may be required concurrent with any future entitlement application that would impact the FEMA Floodplain along Cotton Lane. 5. Engineering design for site development shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. g. 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, 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. h. All buildings subject to noise attenuation as per ARS § 28-8482(B) and Maricopa County requirements. i. The master developer shall notify future homeowners that they are located within the state- defined “territory in the vicinity of a military airport” with the following language: “You are buying a home or property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your house should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 overflights per day. Although Luke's primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends. Such notification shall be recorded on all Final Plats, be permanently posted on not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently posted on the front door of all home sales offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. (C-44-21-023-X-00) Chairman Hickman said there was a letter of opposition received that warranted discussion. He asked Jennifer Pokorski, Director Planning and Development to review the item and give an update. Formal Meeting Minutes Wednesday, August 19, 2020 Page 17 of 82 Ms. Pokorski, attending telephonically reviewed the proposed zoning change. A resident on adjacent property was opposed due to traffic and additional maintenance on Lawrence Lane, a private road. Ms. Pokorski stated the applicant was willing to add an additional condition ‘j’ that helps address the concerns of the residents. The stipulation ‘j’ was read: “The applicant shall submit a long-term maintenance plan for Lawrence Lane with any commercial plan of development application.” Ms Pokorski stated this additional stipulation would address the legal aspect of the resident’s concern. Michael Poppe, resident who wrote the letter of opposition, spoke telephonically on the subject. He stated the maintenance of the road was not his primary concern but that the heavy traffic on the private road was. He asked if the business could use the other entrances to the property instead of using Lawrence Lane to access the business. Clerk confirmed that Mr. Poppe heard condition ‘j’. Ms. Pokorski read the stipulation again. She stated Lawrence Lane is a private road and traffic issues are typically worked out between the property owners. With Olive Avenue under construction, that may be contributing to the increased traffic. Mr. Poppe said the increased traffic has nothing to do with Olive Avenue construction. He stated the business is choosing to use Lawrence Lane as an entrance. Chairman Hickman stated he was hopeful the business would be willing to work with the residents. Motion to concur with Commission recommendation for approval as amended subject to conditions “a” through “i” with additional stipulation “j” by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 14. NWC SOSSAMAN ROAD & SAN TAN BOULEVARD – CONSTRUCTION YARD FACILITY Case #: Z2020015 Supervisor District: 1 Applicant / Owner: Rose Law Group PC / Sun American Development LLC Request: Special Use Permit (SUP) for Construction Yard Facility in the C-3 and R1-35 RUPD Zoning Districts Site Location: Generally located at the NWC of Sossaman Rd. & San Tan Blvd. Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2020015 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Construction Yard Facility“, consisting of 2 full-size sheets, dated July 9, 2020, and stamped received July 9, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Special Use Permit Narrative”, consisting of 9 pages, dated July 9, 2020, and stamped received July 9, 2020 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Retention basin(s) must drain within 36 hours. Formal Meeting Minutes Wednesday, August 19, 2020 Page 18 of 82 2. The access drive(s) to the site must be paved with asphalt millings compacted with a liquid asphaltic binder, or equivalent. 3. Right-of-way dedication(s) must occur prior to issuance of any construction (building) permits on the site as follows: a. Sossaman Road: 22 feet to provide a total ½ width of 55 feet (to include a 10’ wide PUE west of the R/W); and b. San Tan Blvd.: 7 feet to provide a total ½ width of 40 feet. The applicant is referred to https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the dedication process. 4. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 5. Detailed Grading and Drainage Plans must be submitted with the application for building permits. d. Unless renewed by the Maricopa County Board of Supervisors, this special use permit shall expire on August 19, 2030, or upon termination of the use for a period of 120 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 120 days of such expiration or termination of use. e. The following C-3/R1-35 RUPD Zoning District standards shall apply: 1. Height – 40’ 2. Front Yard (South) – 15’ 3. Side Yard (West) – 5’ 4. Street-side Yard (East) – 10’ 5. Rear Yard (North) – 25’ 6. Lot Area – 6,000 sq. ft. 7. Lot Width – 60’ 8. Lot Area per Dwelling Unit – Not Permitted 9. Lot Coverage – 60% 10. Parking Spaces Required – 1 per 600 sq. ft. of floor area 11. Screening – 6’ solid masonry wall along north property line, 6’ view-obscuring fencing along east, west and south property lines 12. Landscaping – Shared 10’ public utility easement will also serve as a non-irrigated desert landscaping strip abutting Sossaman Road right-of-way, landscaping strip not required along San Tan Boulevard f. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. g. 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. h. 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 Formal Meeting Minutes Wednesday, August 19, 2020 Page 19 of 82 conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-21-024-X-00) Motion to concur with Commission recommendation for approval subject to conditions "a" through "h" by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo STATUTORY HEARINGS - AUDIENCIAS LEGALES If you would like to send a comment or question regarding one of the statutory hearing items, please send email to Agenda.Comments@maricopa.gov Clerk of the Board Statutory Hearings - Audiencias Legales de la Secretaria de la Junta Chairman Hickman asked the Clerk if there were any comments for agenda items #15-16. The Clerk said there were none. 15. 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. NEW LICENSE FOR FILIBERTOS MEXICAN FOOD Pursuant to A.R.S. § 4-201, approve an application filed by Manuel Arturo Cruz Cardenas for a New Series 12 Liquor License for Filiberto’s Mexican Food at 3632 West Anthem Way, Anthem, Arizona 85086. (AZ 112931) (Supervisorial District 3) (C-06-21-001-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo b. PERMANENT EXTENSION OF PREMISES/PATIO FOR SOUTH GOLF COURSE Pursuant to A.R.S. § 4-207.01, approve an application filed by Janet Marie Ek for a Permanent Extension of Premises/Patio of a Series 7 Liquor License for South Golf Course at 11000 North, 103rd Avenue, Sun City, Arizona 85351. (Supervisorial District 4) (C-06-21-032-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 20 of 82 c. PERMANENT EXTENSION OF PREMISES/PATIO FOR RIVERVIEW GOLF COURSE Pursuant to A.R.S. § 4-207.01, approve an application filed by Janet Marie Ek for a Permanent Extension of Premises/Patio of a Series 7 Liquor License for Riverview Golf Course at 16401 North, Del Webb Boulevard, Sun City, Arizona 85351. (Supervisorial District 4) (C-06-21-065-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo d. PERMANENT EXTENSION OF PREMISES/PATIO FOR NORTH GOLF COURSE Pursuant to A.R.S. § 4-207.01, approve an application filed by Janet Marie Ek for a Permanent Extension of Premises/Patio of a Series 7 Liquor License for North Golf Course at 12650 North, 107th Avenue, Sun City, Arizona 85351. (Supervisorial District 4) (C-06-21-031-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 16. DEANNEXATION FROM CITY OF GLENDALE AND ANNEXATION TO CITY OF EL MIRAGE Pursuant to § A.R.S. 9-471.02, convene the scheduled public hearing regarding ordinances filed to deannex 6.369 acres of territory located West of the Northwest corner of the interchange of Dysart Road and Northern Parkway from the City of Glendale (Ordinance No. O20-31) and annex to the El Mirage (Ordinance No. O20-06-03 & Resolution No. R20-06-10). Upon determining that the statutory requirements have been satisfied and upon the holding of the public hearing, order that the territory be deannexed from the City of Glendale and that the same territory be annexed to the City of El Mirage as specified in the two ordinances. (Supervisorial District 4) (C-06-21-034-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 17. IMPACT STATEMENT HEARING FOR THE PROPOSED TONKA VISTA IRRIGATION WATER DELIVERY DISTRICT - There is a request to withdraw the impact statement Pursuant to A.R.S. § 48-261 and § 48-263, convene the scheduled public hearing on the impact statement for the proposed Tonka Vista Irrigation Water Delivery District. The Board of Supervisors will hear those who appear for and against the proposed district and shall determine whether the creation of the district will promote public health, comfort, convenience, necessity, or welfare. If the Board determines that the public health, comfort, convenience, necessity, or welfare will be promoted, it shall approve the district impact statement, a bond of $250, and authorize the persons proposing the district to circulate petitions within the following proposed boundaries of the district: The South 35.50 Feet of Lot 1, and Lots 11 through 44, of TONKA VISTA, a Subdivision of the South half of the South half of the Northeast Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of Section 10, 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 52 of Maps, Page 27; Formal Meeting Minutes Wednesday, August 19, 2020 Page 21 of 82 TOGETHER WITH That part of the West 20 feet of 20th Street, as shown on and dedicated by TONKA VISTA, according to the Plat of Record in the Office of the County Recorder of Maricopa County, Arizona, Recorded in Book 52 of Maps, Page 27; lying between the North line of the South 12.5 feet of Lot 25 of said TONKA VISTA and the North line of the South 172.5 feet of said Lot 25; EXCEPT that part of said South 20 feet described as follows: BEGINNING at the Southeast corner of said West 20 feet, Thence Westerly along the South line of said West 20 feet a distance of 10 feet, Thence Northeasterly to a point in the East line of said West 20 feet which bears 10 feet North of the POINT OF BEGINNING, Thence Southerly along said East line a distance of 10 feet to the POINT OF BEGINNING; as abandoned by RESOLUTION NO. 20735 of the City of Phoenix, recorded at 2008-0957665, records of Maricopa County, Arizona. TOGETHER WITH Lots 45 through 92, of TONKA VISTA UNIT TWO, a Subdivision of the Southeast Quarter of the Southwest Quarter of Section 10, 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 59 of Maps, Page 6; TOGETHER WITH That part of the West Half of the Southeast Quarter of Section 10, Township 2 North, Range 3 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the South Quarter corner of said Section 10; Thence North 00 degrees 28 minutes 30 seconds East along the west line of said Southeast Quarter a distance of 660.45 feet to the POINT OF BEGINNING; Thence North 89 degrees 53 minutes 00 seconds East a distance of 361.31 feet; Thence North 00 degrees 28 minutes 30 seconds East a distance of 329 feet; Thence North 89 degrees 53 minutes 00 seconds East a distance of 331.31 feet; Thence South 00 degrees 28 minutes 30 seconds West a distance of 257.85 feet; Thence North 89 degrees 53 minutes 00 seconds East a distance of 357.65 feet; Thence North 26 degrees 17 minutes 30 seconds East a distance of 359 feet; Thence North 46 degrees 48 minutes 22 seconds West a distance of 372.69 feet; Thence South 87 degrees 37 minutes 08 seconds West a distance of 93 feet; Thence North 52 degrees 45 minutes 50 seconds West a distance of 22 feet; Thence South 89 degrees 53 minutes 00 seconds West a distance of 130 feet; Thence North 00 degrees 28 minutes 30 seconds East a distance of 329 feet; Thence South 89 degrees 53 minutes 00 seconds West a distance of 692.62 feet; Thence South 00 degrees 28 minutes 30 seconds West a distance of 987 feet to the POINT OF BEGINNNG. (Supervisorial District 3) (C-06-21-006-X-00) Formal Meeting Minutes Wednesday, August 19, 2020 Page 22 of 82 Supervisor Gates stated the applicant requested to withdraw agenda item 17. Motion to approve the withdrawal of item 17 was made by Supervisor Bill Gates, seconded by Supervisor Steve Chucri Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Transportation Statutory Hearings - Audiencias Legales de Transportación 18. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0113 Convene a hearing for Road File No. PAB-0113 to consider the request to abandon a portion of a Federal Patent Easement Number 1145606 lying in the Northeast quarter of Section 7 – T4N, R3E of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in the general vicinity of 11th Avenue and Happy Valley Road, and known as Assessor Parcel Numbers 210- 08-024A, 210-08-024B, 210-08-024C. Notice conditions and the request for comment requirements have been met. Therefore, pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and Maricopa County Department of Transportation Procedure # P5203, it is recommended by the Department of Transportation Director that the Board of Supervisors resolves to: Abandon the East 8 feet of the West 33 feet and the East 33 feet, EXCEPT the North 70 feet thereof; and the South 33 feet, EXCEPT the West 25 feet thereof of a Federal Patent Easement, Road File No. PAB-0113. Legal description of the easement to be abandoned is identified as Exhibit "A.” In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. Supervisory District No. 3 (C-64-20-191-M-00) Chairman Hickman asked the Clerk if there were any online comments for agenda item 18. The Clerk said there were none. Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo COUNTY OFFICERS - OFICIALES DE CONDADO Clerk of the Court - Secretario de la Corte 19. 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 May 26, 2020 Cynthia Jo Ramirez Ginny Tsuigiko Orr Effective June 1, 2020 Samuel Quiroga Mancillas Effective June 8, 2020 Danielle Nicole Rivera Denise A Maupin Formal Meeting Minutes Wednesday, August 19, 2020 Page 23 of 82 Effective June 15, 2020 Jerria Lee Williams Danielle Marie Hagan Effective June 29, 2020 Katherine Angela Treftz Forunda Carmel Sheppard Kimberly Doris Clark Effective July 1, 2020 Margaret Ann Zawicki Angela Dawn Smith Traci L Del Ponte Rebecca Francis Viola DeLong Effective July 6, 2020 Jenelle Rea Gooder Effective July 13, 2020 Megan Marie Ortega Mitzi D Moore Connie Lynn Hannah Michelle Lynn Gaylor Effective July 27, 2020 Karlee Elizabeth Wagner Maria DeLosAngeles Stevens Dallin Todd Reese Maria Elizabeth Pritchard Kelli Nicole McCoy Cammille Noelle Ladden (C--21-285-X-00) C-16-21-285-X-00 The Clerk indicated the item had the incorrect tracking number and it should be corrected. Language to be added is underscored, language to be deleted is struck-through. Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo County Attorney - Procurador del Condado 20. VICTIMS’ RIGHTS GRANT FUNDING FROM ARIZONA ATTORNEY GENERAL Approve receipt of FY 2020-2021 grant funds from the State of Arizona, Office of the Attorney General, in the amount of $363,000. These grant funds will support the direct costs of implementing victims’ rights laws pursuant to Arizona Revised Statues Title 13, Chapter 40 and Title 8, Chapter 3, Article 7, that impact prosecutorial agencies as an entity type. This agreement commenced, retroactively, July 1, 2020 and terminates on June 30, 2021. In accordance with Victims’ Rights Program Guidelines, Section IV, page 5, the grant allows a 0% rate for indirect costs, or $0 that may be incurred by the County Attorney’s Office of Maricopa County for the administration of this grant. The Maricopa County Attorney’s Office FY2020 composite indirect cost rate is 20.1%, or $72,963. The recoverable indirect cost of administering this grant is $0; the non-recoverable indirect cost is $72,963. Non-recoverable indirect costs will be covered by the department budget. This grant is non-competitive and does not require a match. The grant award does not require on-going cash contributions after the grant period end date. Authorize the Chairman of the Board of Supervisors, or designee, to sign all documents related to this Formal Meeting Minutes Wednesday, August 19, 2020 Page 24 of 82 award. 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. This award agreement is in the amount of $363,000. This award will ensure that victims of crime are notified of the progress of criminal proceedings. This grant will expire at the end of the agreement. There is no long-term expectation of continued funding for this grant; however, the County Attorney’s Office has been receiving grant funds from the Attorney General’s office for victim services since FY96/97, the most recent award was for FY 19/20 in the amount of $363,000. (C-19-21-010-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Sheriff - Alguacil 21. DONATION OF MASKS FOR JAILS Accept the donation of 5,100 Adidas face covers designated for Estrella Jail Inmates and Detention Officers gifted from Represent Justice and the Televerde Foundation. The face covers retail for $16 per 3-pack and the total value is $27,200. These masks are intended to help prevent the spread of COVID-19. (C-50-21-014-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 22. COVID-19 DO AND SWORN STIPEND Approve a one-time, lump sum, stipend of $500 each for MCSO's detention officers and sworn officers, all ranks, to recognize their unfailing response during a time of COVID-19 virus and recent civil unrest. All MCSO's sworn and detention staff are expected to mobilize and support public safety efforts during large gatherings of the public which have occurred and are expected to continue in the coming months. Detention officers at all levels are at heightened risk of exposure to COVID-19 given the nature of their essential job duties and the congregate settings in which they work. To date, over 160 detention employees have tested positive for COVID-19. Sworn officers at all levels are a heightened risk of exposure to COVID-19 given the nature of their jobs interacting with the public and the widespread ongoing transmission throughout Maricopa County. This stipend would be a small recognition of these employees' commitment to come to work. There are 1,933 detention and 665 sworn staff members. Also, pursuant to A.R.S. 42.17106 (B), authorize the following appropriation adjustments for the FY 2021 budget: 1) Increase the FY 2021 Sheriff (D500) Detention Fund (255) Non-recurring (NREC) by $1,400,000. 2) Decrease the FY 2021 expenditure authority for Non-Departmental (470) Detention Fund (255) Non-recurring (NREC) budget in a line, "Unassigned Contingency," (4711) by $1,400,000. 3) Increase the FY 2021 Sheriff (D500) General Fund (100) Non-recurring (NREC) budget by $600,000. Formal Meeting Minutes Wednesday, August 19, 2020 Page 25 of 82 4) Decrease the FY 2021 expenditure authority for Non-Departmental (470) General Fund (100) Non-recurring (NREC) budget in a line, "Unassigned Contingency," (4711) by $600,000. (C-50- 21-006-X-00) Chairman Hickman announced that Sheriff Penzone was in the auditorium for the meeting and was available for questions on this item if necessary. Supervisor Gates said this is an important issue regarding a stipend for Detention Officers and Sworn Officers at Maricopa County Sheriff’s Office (MCSO). He said that he and the Board respect the work that MCSO does every day and particularly now with the Coronavirus and civil disruption affecting our county. He said he is not prepared to support the item this early in the fiscal year, stating there are still many unknowns surrounding the fiscal impacts for Maricopa County. Supervisor Gates said he would make a motion to continue this item indefinitely to gather more information. Sheriff Penzone stated he recognizes the concerns and the financial impact this request has on the Board and the need to be fiscally responsible. He said he has the responsibility to pursue the issue because it is important to support the officers who are in harm’s way every day. Sheriff Penzone said he is willing to cut corners elsewhere to compensate the officers and will continue to pursue additional compensation for his staff as a means of acknowledging their contribution to the organization. Supervisor Gallardo thanked the Sheriff for bringing this to the attention of the Board and wants to make sure the issue is given proper consideration. He stated this is the first year the budget has not included pay for performance increases and there are many departments in the County that have been impacted by Coronavirus. He said it will be important to remain fiscally responsible until we have more information. Supervisor Chucri concurred with the comments of his colleagues. He said MCSO has been doing a good job keeping the jails running and the citizens of Maricopa County safe. Budget constraints are part of the business model and this fiscal year, budgets have been under pressure and cut in many departments including pay for performance. He stated now is not the time to make an example of paying out stipends. Contingency monies are not to be viewed as surplus but as emergency funds. Supervisor Chucri supports the Sheriff and his effort to take care of his department and hopes to revisit this issue in the future. Supervisor Sellers said he supports the continuance so the Board can discuss the topic more thoroughly. Chairman Hickman thanked Sheriff Penzone for calling out his staff and standing up for his position. The Board appreciates the work of MCSO and keeping the citizens of Maricopa County safe. He said the Board needs to have a better understanding of what lies ahead before a commitment to a stipend can be made. Motion to continue indefinitely was made by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 23. FEDERAL EQUITABLE SHARING AGREEMENT - SHERIFF Approve the FY 2020-21 Federal Equitable Sharing Agreement and FY 2020 Annual Certification Report between the Maricopa County Sheriff's Office (agency) and the U.S. Department of the Treasury and the U.S. Department of Justice. This report accounts for federal equitable sharing funds received from the U.S. Department of the Treasury or the U.S. Department of Justice. The term of this agreement commences October 1, 2020 and expires September 30, 2021. Authorize Formal Meeting Minutes Wednesday, August 19, 2020 Page 26 of 82 the Chairman of the Board of Supervisors to sign all documents related to the certification report and agreement. (C-50-21-013-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 24. AMENDMENT TO SUBGRANTEE AGREEMENT WITH ARIZONA DEPARTMENT OF HOMELAND SECURITY - PROJECT 170811-03 MOBILE RADIATION DETECTION AND IDENTIFICATION EQUIPMENT - FY 2020 Approve Amendment #1 to the Subgrantee Agreement from the Arizona Department of Homeland Security, Project #1708011-03 to extend the expiration date of the Agreement one month from July 31, 2020 to August 31, 2020. All other terms and conditions are the same. This award was approved on May 6, 2020 (C-50-20-056-G-00). Approval of this item extends the time available for equipment, a radiation detection backpack, to be delivered within the grant funding period. (C-50-20-056-G-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 25. AMENDMENT TO LEASE L-7301 WITH TOWN OF CAVE CREEK Approve and authorize the Chairman to execute Amendment No. 3 to Lease Agreement No. L7301 with the Town of Cave Creek, Lessor, for 4,432 square feet of office space located at 37622 North Cave Creek Road, Cave Creek, Arizona. This amendment extends the term of the lease for an additional five (5) years to commence September 1, 2020 and expire August 31, 2025. The rental rate will be $23.00 per square foot, $8,494.67 per month, for an annual fee of $101,936 plus applicable rental tax (currently 3.5% ) and utilities. The cost per square foot will increase .50 cents per year beginning September 1, 2021. This space functions as a sub-station housing a number of MCSO personnel assigned to Patrol District IV, which responds to calls for service for the Towns of Cave Creek and Carefree. A portion of this cost is recovered in the contracts for Law Enforcement Service with these towns. (C-50-01-014-4-03) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 26. INCREASE TO FUNDING FROM THE ARIZONA GAME AND FISH COMMISSION FOR LAW ENFORCEMENT BOATING SAFETY FUND FY20 Approve an increase in the total amount of continued funding from Arizona Game and Fish Commission for Law Enforcement Boating Safety designated for FY 2020 from $405,000 to $407,639. On June 26, 2019, the BOS approved action C-50-19-083-G-00 accepting up to $405,000 in continued funding from the Arizona Game and Fish Commission. Actual funding received from Arizona Game and Fish exceeded the original estimate by $2,639. The MCSO indirect cost rate for FY 2020 was 16.3%, or $430.16 on the additional amount, of which zero was recoverable. 100% of indirect costs, $430.16, on this additional amount is absorbed by the MCSO General Fund. This funding is recurring, non-competitive, there is no match and there is no obligation after the funding period ends. (C-50-19-083-G-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 27 of 82 JUDICIAL BRANCH - PODER JUDICIAL 27. PERSONNEL AGENDA FOR THE JUDICIAL BRANCH (12/30/2019 TO 06/28/2020) Approve the Maricopa County Judicial Branch Personnel Agenda for the period of 12/30/2019 to 06/28/2020 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-31-21-002-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Superior Court - Tribunal Superior 28. APPOINT ATTORNEY MARYANNE MAJESTIC AS SUPERIOR COURT JUDGE PRO TEMPORE Approve the appointment of Attorney MaryAnne Majestic as Superior Court Judge Pro Tempore, in accordance with Arizona Revised Statutes § 12-141. Attorney MaryAnne Majestic will serve as Superior Court Judge Pro Tempore without any compensation. The appointment will be for the period commencing August 19, 2020 through June 30, 2021. (C-80-21-002-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO County Manager - Administrador de Condado - Joy Rich 29. DONATION OF NON-CASH ITEMS FROM IKEA In accordance with County Policy A2508, accept the donation of various goods received from IKEA US Retail LLC as outlined in Exhibit A in the attached document. Total Cash Value is $2,313.05. Acknowledge the donation by signing the attached Donation and Release Agreement submitted by IKEA US Retail LLC. (C-20-21-000-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn 30. CARES ACT FUNDING BUDGET RECONCILIATION FY 2021 In accordance with A.R.S. 42-17106(B), approve the following increases to revenue and expenditure authority in FY 2021 for the Stimulus Grant Fund (Fund 200) Non Recurring Non Project (NRNP) in the following departments: Adult Probation (D110) $69,036 Assessor (D120) $6,602 Emergency Management (D150) $44,504 Clerk of Superior Court (D160) $88,211 Human Services (D220) $842,026 Correctional Health Services (D260) $830,752 Juvenile Probation (D270) $187,681 Formal Meeting Minutes Wednesday, August 19, 2020 Page 28 of 82 Medical Examiner (D290) $142,015 Parks and Recreation (D300) $22,202 Human Resources (D310) $605,841 Enterprise Technology (D410) $70,034 Planning and Development (D440) $4,977 Sheriff (D500) $772,735 Facilities Management (D700) $21,764 Procurement Services (D730) $19,612 Superior Court (D800) $98,758 Public Health (D860) $1,336,135 Assistant County Manager D950 (D950) $5,003,767 Increase the revenue authority for the Unified Command Center Department (D890) Stimulus Grant Fund (Fund 200) Non Recurring Non Project (NRNP) by $45,000,000. Decrease the expenditure authority for Non Departmental (D470) Stimulus Grant Fund (Fund 200) Non Recurring Non Project (NRNP) by $10,166,652. Decrease the revenue authority for Non Departmental (D470) Stimulus Grant Fund (Fund 200) Non Recurring Non Project (NRNP) by $55,166,652. 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. Approval of this action does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105 (C-95-21-000-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo COUNTY OFFICES AND DEPARTMENTS - DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 31. ANNUAL PERMITTING REPORT FOR FY2020 Pursuant to A.R.S. §49-471.14 receive the report from the Air Quality Control Officer which reports compliance with timeframes for making decisions to grant or deny air quality permits. The overall compliance percentage for FY2020 is 99.2%. (C-85-21-001-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Animal Care and Control Services - Servicios de Control y Cuidado de Animales 32. AMENDMENT TO COMPETITION IMPRACTICABLE WITH HLP, INC (VET IMPORT SOFTWARE – 13076-SS) Approve and execute a twelve (12) month agreement in the Competition Impracticable between Maricopa County and HLP, Inc. for the purchase of animal care and control software and related services, originally approved by the Board of Supervisors under Agenda # C-79-14-088-3-00. This agreement is in effect from July 1, 2020 through June 30, 2021, at a cost of $175,710. (C- 79-21-016-X-00) Formal Meeting Minutes Wednesday, August 19, 2020 Page 29 of 82 Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 33. SECOND AMENDMENT TO THE IGA WITH THE TOWN OF GILBERT FOR ANIMAL CONTROL SERVICES Approve and execute the Second Amendment to an Intergovernmental Agreement for animal control services between the Town of Gilbert (Town) and Maricopa County (County), administered through Maricopa County Animal Care and Control (MCACC). This Second Amendment modifies the term of the Agreement, clarifies County authority, and updates the menu of services provided to the City. All other terms and conditions of the Agreement shall remain in full force and effect. (C-79-21- 015-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 34. SECOND AMENDMENT TO AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE CITY OF CHANDLER Approve and execute the Second Amendment to an Intergovernmental Agreement (IGA) for animal control services between the City of Chandler (City) and Maricopa County (County), administered through Maricopa County Animal Care and Control (MCACC). The Second Amendment modifies the term of the Agreement, clarifies County authority, and updates the menu of services provided to the City. All other terms and conditions of the Agreement shall remain in full force and effect. (C-79-21- 013-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 35. SECOND AMENDMENT TO AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE CITY OF GOODYEAR Approve and execute the Second Amendment to an Intergovernmental Agreement (IGA) for animal control services between the City of Goodyear (City) and Maricopa County (County), administered through Maricopa County Animal Care and Control (MCACC). The Second Amendment modifies the term of the Agreement, clarifies County authority, and updates the menu of services provided to the City. All other terms and conditions of the Agreement shall remain in full force and effect. (C-79-21- 011-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 30 of 82 36. IGA WITH THE CITY OF SCOTTSDALE FOR ANIMAL CONTROL SERVICES Approve an Intergovernmental Agreement (IGA) between Maricopa County, through Maricopa County Animal Care and Control, and the City of Scottsdale for animal control services. The initial term of the contract provides services, as set forth in the Agreement, from July 1, 2020 through June 30, 2021. The City of Scottsdale agrees to pay the sum of $183,134 for services provided during the initial term of the contract, as set forth in Paragraph 14 and Appendix A of the Agreement. (C-79-21- 012-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 37. IGA WITH THE TOWN OF GILA BEND FOR ANIMAL CONTROL SERVICES Approve an Intergovernmental Agreement (IGA) between Maricopa County, through Maricopa County Animal Care and Control, and the Town of Gila Bend for animal control services. The initial term of the contract provides services, as set forth in the Agreement, form July 1, 2020 through June 30, 2021. The Town of Gila Bend agrees to pay the sum of $7,739 for services provided during the initial term of the contract, as set forth in Paragraph 14 and Appendix A of the Agreement. (C-79-21- 010-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 38. PETS FOR HEROES PROGRAM THROUGH MARICOPA COUNTY ANIMAL CARE AND CONTROL Approve the Pets for Heroes program to begin Labor Day, September 7, 2020. Given the critical role of our first responders, MCACC requests authorization to modify the Pet for Vets program into Pets for Heroes. With valid identification, veterans, EMT’s, paramedics, employees of local police and fire departments, RN’s and medical doctors may participate. Adoption fees will be reduced by 50% for puppies and kittens younger than five months, Shelter Super Heroes, and Fast Pass Adoptions. For other adoptable dogs and cats over five months of age, adoption fees are entirely waived. The dog licensing fee of $22 and any other service fee still apply. (C-79-21- 014-X-00) Supervisor Chucri thanked a constituent for this program idea and thanked Valerie Beckett, Assistant County Manager, for implementing the program. Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Budget Office - Oficina de Presupuestos 39. MARICOPA COUNTY BUDGET AND ACCOUNTABILITY POLICY (B1011) REVISION Approve the revisions to the Maricopa County Budget and Accountability Policy (B1011) effective August 19, 2020. These revisions remove outdate language, minor edits, and rearrange policy language for consistency with the current policy format. Formal Meeting Minutes Wednesday, August 19, 2020 Page 31 of 82 This Policy applies to all Maricopa County elected offices and appointed departments as well as the Flood Control District of Maricopa County, the Maricopa County Library District, and the Maricopa County Stadium District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018. This policy was originally approved by the Board on December 10, 2014 (C-49-15-021-6-00). (C-49-15-021-6-04) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 40. CONTRACT WITH GREATER PHOENIX ECONOMIC COUNCIL FOR NON-PROFIT ECONOMIC DEVELOPMENT FUNDING IN FY 2021 Approve a Contract between Greater Phoenix Economic Council (GPEC) and Maricopa County, administered by its Budget Office, in an amount not-to-exceed $685,941. The purpose of this Contract is to provide FY 2021 non-profit economic development funding to the Greater Phoenix Economic Council (GPEC) for purposes to include regional marketing and promotion to improve the region's business image, industry prospecting to diversify the economy through the attraction and expansion of desirable business and industry in key economic clusters, facilitating regional economic development collaborations to build a strong business climate and develop an effective regional economic development network of organizations with a common vision and mission, and coordinating Foreign Trade Zone requests. This Contract is effective from July 1, 2020 through June 30, 2021. (C-49-21-000-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Correctional Health - Salud Correccional 41. BUDGET ADJUSTMENT FOR DONATION OF LONG ACTING INJECTABLES Pursuant to A.R.S § 42-17106 (B) approve the following appropriation adjustment: Increase revenue and expenditure in the Correctional Health (D260) Correctional Health Grant Fund (292) Graves (GRV0) appropriation by $3,600,000. Maricopa County Department of Correctional Health Services (MCDCHS) will utilize LAI medications to treat patients who may benefit from these types of pharmaceuticals. 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. Also, approve a waiver for the annual request for monthly donation reporting per the Donation Policy (A2508, V.E.2) that requires a department that accepts cash and non-cash donations to provide an itemized listing to the Office of the Clerk of the Board, by the 5th working day of the month for Board approval. (C-26-21-000-X-00) Formal Meeting Minutes Wednesday, August 19, 2020 Page 32 of 82 Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Environmental Services - Servicios Ambientales 42. ADMINISTRATIVE CHANGE TO RECOGNIZE NEW OWNER AND LESSOR UNDER LEASE L-7415 Approve an administrative change to Lease No. L-7415 (the “Lease”) to recognize Arrowpoint, LLC as the new property owner with regards to the Environmental Services office space lease at 16140 North Arrowhead Fountain Center Drive, #105, Peoria, AZ 85016. (C-88-10-017-1-04) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 43. BOARD OF HEALTH FEE WAIVER REIMBURSEMENT Approve a fund transfer of $30,365 from the General Fund (100) to the Environmental Services Environmental Health Fund (506). The purpose of the transfer is to reimburse Environmental Services for Fee Waivers approved by the Board of Health pursuant to C-88-12-010-7-00. Pursuant to A.R.S. §42-17106B, authorize the transfer of FY2021 expenditure authority in the amount of $30,365 from Non Departmental (D470) General Fund (100) Non Recurring Non Project (NRNP) Contingency (4711) to Non Departmental (D470) General Fund (100) Non Recurring Non Project (NRNP) Other Programs (4712) to the line item titled “Board of Health Fee Waiver Fund Transfer” for the reimbursement of the Environmental Services fee waivers approved by the Board of Health. Also authorize an increase in revenue authority in the amount of $30,365 in Environmental Services (D880) Environmental Services Environmental Health Fund (506) Non Recurring Non Project (NRNP) and increase expenditure authority in the amount of $30,365 in Non Departmental (D470) Grants Fund (249) Non Recurring Non Project (NRNP) with offsetting revenue and expenditure adjustments in Eliminations (D980) Eliminations Fund (900) Non Recurring Non Project (NRNP). This action will have a net zero impact on the overall County budget. (C-88-21-001-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Equipment Services - Servicios de Equipo 44. TRANSFER EQUIPMENT FROM MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION TO PARKS AND RECREATION. The purpose of this is to approve the following: A) The permanent addition to the fleet of surplus equipment #653, 2011 Dynapac Roller. Annual operating and maintenance costs are estimated at $1,500 to be paid by Parks and Recreation (D300) Parks Enhancement Fund (241). B) The transfer of equipment #635, 2011 Dynapac Roller, from Maricopa County Department of Transportation (D640) Transportation Operations fund (232) to Parks and Recreation (D300) Parks Enhancement Fund (241). Formal Meeting Minutes Wednesday, August 19, 2020 Page 33 of 82 C) A one-time Non-Recurring Transfer of $15,000 from Parks Enhancement Fund (241) to Transportation Operations Fund (232). D) Increase the FY2021 revenue authority for Maricopa County Department of Transportation (D640) Transportation Operations Fund (232) Non Recurring (NRNP) in the amount of $15,000. E) Increase the FY 2021 expenditure authority for Parks and Recreation (D300) Parks Enhancement Fund (241) Non Recurring (NRNP) in the amount of $15,000 F) Offsetting revenue and expenditure adjustments for the fund transfer in the Eliminations (D980) Eliminations Fund (900) Non Recurring (NRNP) in the amount of $15,000. (C-74-21-000- X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Finance - Finanzas 45. CAPITAL LEASE DOCUMENTS FOR FINANCING OF COUNTY EQUIPMENT AND THE DECLARATION OF OFFICIAL INTENT Authorize the Chairman to approve and execute all capital lease documents (to be periodically submitted for Board signature by the Department of Finance), including the “Declaration of Official Intent,” in an amount not to exceed $47,816,660 (principal), as required for reimbursement of expenditures related to the acquisition of County equipment such as vehicles, radios, computers, and a helicopter. Authorize appropriate departmental representatives to co- sign lease documents pertaining to their respective departments. All capital lease documents are subject to County Attorney approval. The Department of Finance will facilitate the reimbursement from capital leases during fiscal year 2021. Expenditures associated with equipment purchases will be bundled for capital lease financing at which time the interest rate(s) will be bid and repayment terms and amounts for principal and interest will be known. Capital lease(s) maturity will be thirteen-months. Capital lease financing will be facilitated by the County’s master personal property lease contract as approved by the Board of Supervisors on August 19, 2015. In addition, the County will be negotiating a new master personal property lease contract which is anticipated to be put in place by December 2020. The repayment of the capital leases has been budgeted. There is a need for the County to enter capital leases for equipment purchases. Purchased equipment will be financed by the master personal property lease contract for County capital purchases. The Declaration of Official Intent will satisfy the 60-day reimbursement period for reimbursement of original expenditures, as required by Treasury Regulation §1.150-2(d)(1) (1993). Capital outlay expenditures from capital lease proceeds and the corresponding debt service payments for principal and interest are not subject to the County Expenditure Limitation Report (ELR). Capital leases will extend the debt service payments into the subsequent fiscal year (FY 2021- 22). The benefit to the County for entering into capital leases is the debt payments are exempt from the ELR. (C-18-21-001-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 34 of 82 46. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 06/05/2020 through 07/02/2020, 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-18-21- 000-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 47. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 07/03/2020 through 07/30/2020, 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-18-21- 006-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Human Resources - Recursos Humanos 48. PERSONNEL AGENDA FOR MARICOPA COUNTY (12/30/2019 TO 06/28/2020) Approve the Maricopa County Personnel Agenda for the period of 12/30/2019 to 06/28/2020 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-31-21-003-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 49. 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 of bi-weekly stipends for management/professional assignments (MPA) based upon the employee’s full-time equivalent (FTE) status. (C-31-21-004-X-00) New Range: Code Enforcement Officer Ld $22.45-$36.30 ($46,696-$75,504) Range Updates: Code Enforcement Officer $20.40-$32.00 ($42,432-$66,560) Sheriff's Deputy Chief of IT $57.25-$88.25 ($119,080-$183,560) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 35 of 82 Human Services - Servicios Humanos 50. ACCEPTANCE OF GRANT FUNDS FROM U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR HEAD START AND EARLY HEAD START PROGRAMS Approve the receipt of grant funds from the U.S. Department of Health and Human Services (DHHS)/Administration for Children and Families (ACF), Office of Head Start (OHS), Grant No. 09CH010385-5-02 in the amount not-to-exceed $561,980. The awarded funds are for Cost of Living Allowance (COLA) and Quality Improvement increases for Head Start program operations. The funds were awarded through a non-competitive process as Maricopa County is a recipient of the current grant. The funds are a one-time award for the budget period of July 1, 2020 thru June 30, 2021. The project period of the Grant began on July 1, 2016 thru June 30, 2021. The Human Services Department approved provisional indirect rate for FY2021 is 22.2% from the U.S. Department of Health and Human Services for salaries and employee related expenses. The grant funding amount is $561,980 of which $229,711 is for salaries and employee related expenses. The estimated recoverable indirect rate costs are $50,995 and fully recoverable. The grant requires a 20% non-federal share (NFS) match of the total approved project costs. The total required NFS for FY2021 is $3,557,097 and shall remain unchanged for the budget period of July 1, 2020 thru June 30, 2021. NFS is generated through in-kind donations of goods and services as well as parent volunteering. The OHS has approved a non-federal match waiver for the federal funds awarded for COLA and Quality Improvement funds. The grant funding for the budget period of July 1, 2020 to June 30, 2021 shall be increased to $15,097,529. Upon approval of receipt of funds, the overall grant funds amount for the project period shall be increased to $70,626,738. Upon approval of receipt of funds, the overall grant funds amount for the project period shall be increased to $70,626,738. 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 Grant award does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall budget will be adjusted as necessary to accommodate the grant funding through a future reconciliation. Acceptance of the grant funds will not impact the County General Fund. Supervisory District: All FY 2021 Revenue & Expenditures: $561,980 (C-22-16-011-G-18) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 51. AGREEMENT WITH TEMPE COMMUNITY ACTION AGENCY FOR WORKFORCE DEVELOPMENT SERVICES Approve a financial Intergovernmental Agreement (Agreement) between the Tempe Community Action Agency (TCAA) and Maricopa County (County), administered by its Human Services Department, Workforce Development Division for workforce development services. The TCAA and the County are collectively referred to herein as the “Parties” and individually as “Party.” The Agreement shall begin August 19, 2020 to June 30, 2021. The Agreement may be extended for two (2) additional one (1) year terms upon acceptance and approval by the Parties. Formal Meeting Minutes Wednesday, August 19, 2020 Page 36 of 82 The purpose of this Agreement is to integrate the County’s workforce development system into the TCAA’s social and community services resource network. The Parties agree to support workforce development and training efforts that will enable the TCAA’s to provide adult and youth job search, resume assistance and conducts work readiness evaluations and assessments, categorically identified as workforce services. Service activities shall be delivered within the TCAA’s resource area located at 2146 East Apache Boulevard, Tempe, AZ 85281 (“TCAA’s resource area”). A Workforce Development staff will be utilized to provide services under this Agreement, as a Career Advisor (CA). Supervisor District: 1 The TCAA shall compensate the County on an annual basis, a portion of the service delivery: • August 19, 2020 to June 30, 2021 not to exceed $21,052. (C-22-21-019-X-00) Agenda item 51 was withdrawn by department request. No action was taken on this item. 52. AMENDMENT TO THE AGREEMENT WITH HUMAN SERVICES CAMPUS, INC. FOR SHELTER SERVICES Approve financial Amendment No. 5 to the Agreement between Human Services Campus, Inc., (“Subrecipient”) and Maricopa County administered by its Human Services Department. The County and the Subrecipient are referred to collectively as the “Parties.” The Parties agree to enter into this Amendment No. 5 to the Agreement to address the following: 1. Add subparagraph 9.6 The Subrecipient shall operate a COVID Overnight weather-relief shelter located at 1 West Madison Street, Phoenix, Arizona 85003 (“Shelter”). 2. The County shall provide the Subrecipient with $277,068 for Shelter operations. 3. Funding availability is July 1, 2020 through September 30, 2020. The foregoing paragraphs contain all the changes made by this Amendment No.5. All other terms and conditions of the Agreement and Amendment Nos. 1, 2, 3, and 4 shall remain the same and in full force and effect as approved and amended. This Amendment No. 5 shall be effective upon approval and signature by both Parties. Supervisory District: 5 (C-22-19-020-3-05) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 53. AMENDMENT TO IGA WITH CITY OF CHANDLER FOR TEMPORARY HOUSING FOR HOMELESS INDIVIDUALS Approve Amendment No. 1 to the Intergovernmental Agreement (“Agreement”) between the City of Chandler (City) and Maricopa County administered by its Human Services Department (County), the “Parties” or individually the “Party.” The purpose of the Amendment is to address the following: 1. Revise the Purpose of the Agreement; 2. Revise from non-financial to financial in nature and add that the County shall provide the City with $79,580; 3. Extend the term of the Agreement from July 26, 2020 to September 30, 2020 4. Revise Section 6.0 of the Agreement (Responsibilities) to include: Formal Meeting Minutes Wednesday, August 19, 2020 Page 37 of 82 a. The City shall procure hotel space as temporary housing to prevent exposure to the COVID- 19 health pandemic for individuals experiencing homelessness. The City shall be responsible for procurement and management of security services; b. Refer individuals to the facility for placement; c. Develop check-in, check-out processes and provide case management services; d. The County shall reimburse the City up to 10 hotel rooms that are occupied by homeless individuals, an amount not-to-exceed $54,080; e. The County shall reimburse the City for security services to be provided in the specified hotel location a not-to-exceed amount of $25,500. 5. Add to Section 6 (RESPONSIBILITES) 6.4 Invoicing and Reimbursement process for each Party. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. FY2021: $79,580 Expenditures. Supervisory District: 1 & 2 (C-22-20-035-3-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 54. AMENDMENT TO THE AGREEMENT WITH COMMUNITY BRIDGES, INC. FOR TEMPORARY HOMELESS SHELTER OPERATIONS Approve financial Amendment No. 3 to the Agreement between Community Bridges, Inc. (CBI), a community-based organization and Maricopa County administered by its Human Services Department. The purpose of the Amendment is to address the following: A. Extend the term of the Agreement from October 8, 2020 through December 31, 2020; B. The County shall increase funding by a not-to-exceed amount of $656,292, the period of funding availability shall be from July 1, 2020, through December 31, 2020. Monthly invoices shall not exceed $109,382 (Revised Attachment A). The Agreement total shall be increased from $471,488 to $1,127,780; C. Remove the Travel Lodge 600 West Van Buren Street from the Agreement as a service location as of June 30, 2020; D. End the A New Foundation 1200 North 77th Street, Scottsdale location as a service location as of September 30, 2020; E. Amend Section 2 (Special Provisions), Paragraph 4.0 (Budget Adjustments, Change Orders and Amendments), Subparagraph 4.3 and shall provide the Subrecipient with a Written Change Order identifying the new service location: 4.3.4 Identify at a later date a new service location when the Parties previously have agreed through a written amendment to create a new service location; and 4.3.5 Create a new service location, with the address to be later identified by the Parties through the change order process set forth in Section 2 (Special Provisions), Paragraph 4.0 (Budget Adjustments, Change Orders and Amendments). The foregoing paragraphs contain all the changes to the Agreement made by this Amendment No. 3. All other terms and conditions of the Agreement and Amendment Nos. 1, and 2 shall remain unchanged and in full force and effect as executed by the Parties. Formal Meeting Minutes Wednesday, August 19, 2020 Page 38 of 82 Funding for this Agreement is provided by Coronavirus Relief Funds from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) received by Maricopa County. Approval of this Agreement will not impact the County General Funds. FY2021: $656,292 Expenditures Supervisory District: All (C-22-20-029-3-03) Supervisor Gates thanked Bruce Liggett, Human Services Director, for all the assistance from Human Services to help citizens during the pandemic. Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 55. AMENDMENT TO THE THREE-YEAR COOPERATION AGREEMENT WITH THE TOWN OF CAVE CREEK Approve Amendment No. 1 of the Three-year Cooperation Agreement between the Town of Cave Creek and Maricopa County administered by its Human Services. The purpose of the Amendment is to revise the period of the Agreement performance from July 1, 2021 through June 30, 2023 to July 1, 2021 through June 30, 2024, as incorrectly listed in the Agreement section 2. a. The purpose of the Agreement is to establish the Town of Cave Creek’s participation in the U. S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and other HUD related programs for the period from July 1, 2021 through June 30, 2024. Maricopa County is the recipient of HUD CDBG, ESG and HOME funding. The Human Services Department, Housing and Community Development Division administer the HUD program activities. Supervisory District: 2 (C-C-22-20-041-3-01) C-22-20-041-3-01 The Clerk indicated the item had the incorrect tracking number and it should be corrected. Language to be added is underscored, language to be deleted is struck-through. Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 56. AMENDMENT TO THE IGA WITH TOWN OF GILA BEND FOR COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES Approve Amendment No. 1 to the Intergovernmental Agreement (“Agreement”) between the Town of Gila Bend (“Subrecipient”) and Maricopa County (“County”) administered by its Human Services Department. The purpose of the Amendment is to address the following: 1. Extend the Agreement termination date from June 30, 2020 to September 30, 2020. Extending the Agreement termination date will provide the Subrecipient with additional time to complete the project activities. Formal Meeting Minutes Wednesday, August 19, 2020 Page 39 of 82 2. Removes Section I (General Provisions), Paragraph YY (Israel Boycott) in its entirety and replaces with WRITTEN CERTIFICATION UNDER A.R.S. § 35-393.01. The Agreement is amended to incorporate the changes contained in this Amendment No. 1. All other terms and conditions of the Agreement and Administrative Change Order No. 1 shall remain unchanged and in full force and effect as executed by the Parties. The Amendment shall be effective upon approval and signature by both Parties. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-16-032-G) and does not impact the General Fund. The Town of Gila Bend’s project to reconstruction Papago Street, one of the Subrecipient’s most traveled residential streets, was listed in the FY 2018-2019 Annual Action Plan submitted to HUD. Supervisory District 5 (C-22-19-008-3-01) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 57. AMENDMENT TO THE IGA WITH CITY OF SURPRISE FOR WORKFORCE DEVELOPMENT AND TRAINING SERVICES Approve non-financial Amendment No. 1 to the Intergovernmental Agreement (”Agreement”) between City of Surprise (City) and Maricopa County (County), administered by its Human Services Department. The County and the City collectively are referred to here as the “Parties.” The purpose of the Agreement is to integrate the County’s workforce development system into the City’s Resource Center located in the City of Surprise. The purpose of the Amendment No. 1 to delete subsection 2.3 in its entirety and replace with the following: The County shall assign the following staff to be located at the location listed in subparagraph 2.2 for 40 hours per week: 2.3.1 County Workforce Development Coordinator; and 2.3.2 County Career Advisor. The Agreement is amended to incorporate the changes contained in this Amendment No. 1. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect as executed by the Parties. The Parties have authorized the undersigned to execute this Amendment No. 1, and it shall be effective upon approval and signature by both Parties. This Amendment No. 1 is subject to and incorporates the provisions of A.R.S. § 38-511. The Agreement term is July 1, 2020 through June 30, 2023. The services provided under this Agreement benefit the residents in the Surprise area as residents can receive job-seeking services and local employers are assisted with filling vacancies. Services are provided at the City’s Resource Center located at 12425 West Bell Road, Building A, Surprise, AZ 85378. Supervisor District: 4 (C-22-20-052-3-01) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 40 of 82 58. AMENDMENT TO LEASE AGREEMENT WITH FIRST PRESBYTERIAN CHURCH OF MESA Approve Amendment No. 13 to the Lease Agreement (L-7271) with First Presbyterian Church of Mesa (Lessor), an Arizona non-profit corporation located at 161 N. Mesa Drive, Mesa, Arizona and Maricopa County (Lessee). The purpose of the Amendment No. 13 will address the following item: 1. The Lessee shall make a one-time payment to Lessor in the amount of Two Thousand Three Hundred Eighty-Seven Dollars and Seventy Cents ($2,387.70) for reimbursement of half the cost of playground equipment and poured in place rubberized repairs to the playground decking. The foregoing paragraphs contain all the changes made by this Amendment No. 13. All other terms and conditions of the Lease remain the same and in full force and effect. The effective date of this Amendment No. 13 is the date of execution by Maricopa County. The expenditures for this Amendment shall be funded through the grant provided by U.S. Department of Health and Human Services Head Start Program (09CH010385/C-22-16-011-G). This Amendment does not impact the County General Funds. Either Party may terminate the Lease with a 60-day written notice to the other. The current term of the Agreement is through September 30, 2022. The Maricopa County Head Start Program utilizes 2 classrooms to provide Head Start services to 20 (3-5 year old’s) and 8 (1-3 year old’s). Supervisory District: 2 (C-22-99-134-4-13) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 59. IGA WITH THE TOWN OF GUADALUPE FOR COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES Approve an Intergovernmental Agreement (“Agreement”) between the Town of Guadalupe (hereinafter referred to as the “Subrecipient”) and Maricopa County the (“County”) administered by its Human Services Department. The purpose of the Agreement is for the Subrecipient repair six sewer segments totaling 2,185 linear feet of pipe, coat seven manholes, and raise/ uncover seven manhole frames and covers. The project will be located throughout Guadalupe. The County will provide the Subrecipient with U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds in the amount not-to-exceed $517,828. Agreement term shall begin September 1, 2020 and will expire September 1, 2022. Also request authorization for the Human Services Department Director to approve and execute Change Orders/Administrative Changes as listed in Section II Special Provisions paragraph 12.0 ADDITIONAL CERTIFICATIONS AND WARRANTIES subparagraph 12.1.18 which may address any of the following areas: 12.1.18.1 Modifications to the project implementation schedule as long as it does not extend or shorten the term of the Agreement; 12.1.18.2 Minor changes in the Work Statement, provided the overall scope of work for the project is unchanged; 12.1.18.3 Value engineering of the work, provided that the change is made only to reduce the cost of the project and not to reduce the scope of work, and that the overall scope is not changed; Formal Meeting Minutes Wednesday, August 19, 2020 Page 41 of 82 12.1.18.4 Modifications to terms consistent with any changes required by Federal, State, or County regulations ordinances or policies; and 12.1.18.5 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies or requirements. Change Orders/Administrative Changes will receive legal review and will be filed with the Clerk of the Board’s office upon full execution. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-20-038-G-00). The existing sewer lines are more than 40 years old and are in poor condition. The repairs will support a sustained and suitable living environment. Funding for this Agreement does not impact the County’s General Fund. FY 2021: $517,828 Expenditures Supervisory District 5 (C-22-21-014-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 60. IGA WITH THE TOWN OF WICKENBURG FOR COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES Approve an Intergovernmental Agreement (“Agreement”) between the Town of Wickenburg (hereinafter referred to as the “Subrecipient”) and Maricopa County the (“County”) administered by its Human Services Department. The purpose of the Agreement is for the Subrecipient to replace approximately 1,400 linear feet of water main, along with three fire hydrants and 30 existing service connections. Ancillary to the water main replacement, the Subrecipient shall replace approximately 1,950 square feet of curb and ADA ramps at 13 intersection locations, 150 linear feet of vertical curb, 300 square feet of valley gutter, 800 square feet of sidewalks, 700 square feet of driveway, and 6,100 square feet of road pavement. The project will be located in Wickenburg. The County will provide the Subrecipient with U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds in the amount not-to-exceed $534,721. Agreement term shall begin September 1, 2020 and will expire September 1, 2022. Also request authorization for the Human Services Department Director to approve and execute Change Orders/Administrative Changes as listed in Section II Special Provisions paragraph 12.0 ADDITIONAL CERTIFICATIONS AND WARRANTIES subparagraph 12.1.18 which may address any of the following areas: 12.1.18.1 Modifications to the project implementation schedule as long as it does not extend or shorten the term of the Agreement; 12.1.18.2 Minor changes in the Work Statement, provided the overall scope of work for the project is unchanged; 12.1.18.3 Value engineering of the work, provided that the change is made only to reduce the cost of the project and not to reduce the scope of work, and that the overall scope is not changed; 12.1.18.4 Modifications to terms consistent with any changes required by Federal, State, or County regulations ordinances or policies; and 12.1.18.5 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies or requirements. Formal Meeting Minutes Wednesday, August 19, 2020 Page 42 of 82 Change Orders/Administrative Changes will receive legal review and will be filed with the Clerk of the Board’s office upon full execution. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-20-038-G-00). The existing water main was installed in the 1950s and the 1980s. The pipe is close to the end of its useful life. The repairs will support a sustained and suitable living environment. Funding for this Agreement does not impact the County’s General Fund. FY 2021: $534,721 Expenditures Supervisory District 4 (C-22-21-015-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 61. IGA WITH THE CITY OF GOODYEAR FOR COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES Approve an Intergovernmental Agreement (“Agreement”) between the City of Goodyear (hereinafter referred to as the “Subrecipient”) and Maricopa County the (“County”) administered by its Human Services Department. The purpose of the Agreement is for the Subrecipient to replace approximately 43 street lights and poles with new LED fixtures and install 16 new bollard pedestrian lights. The project will be located in the Goodyear’s North Subdivisions. The County will provide the Subrecipient with U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds in the amount not-to-exceed $303,200. Agreement term shall begin September 1, 2020 and will expire September 1, 2022. Also request authorization for the Human Services Department Director to approve and execute Change Orders/Administrative Changes as listed in Section II Special Provisions paragraph 12.0 ADDITIONAL CERTIFICATIONS AND WARRANTIES subparagraph 12.1.18 which may address any of the following areas: 12.1.18.1 Modifications to the project implementation schedule as long as it does not extend or shorten the term of the Agreement; 12.1.18.2 Minor changes in the Work Statement, provided the overall scope of work for the project is unchanged; 12.1.18.3 Value engineering of the work, provided that the change is made only to reduce the cost of the project and not to reduce the scope of work, and that the overall scope is not changed; 12.1.18.4 Modifications to terms consistent with any changes required by Federal, State, or County regulations ordinances or policies; and 12.1.18.5 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies or requirements. Change Orders/Administrative Changes will receive legal review and will be filed with the Clerk of the Board’s office upon full execution. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-20-038-G-00). The existing street lights provide dim light and do not meet the current city standards. The new street lights and pedestrian bollards will provide more Formal Meeting Minutes Wednesday, August 19, 2020 Page 43 of 82 light and create safer nighttime conditions. The project will support a sustained and suitable living environment. Funding for this Agreement does not impact the County’s General Fund. FY 2021: $303,200 Expenditures Supervisory District 5 (C-22-21-016-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 62. IGA WITH THE CITY OF EL MIRAGE FOR COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES Approve an Intergovernmental Agreement (“Agreement”) between the City of El Mirage (hereinafter referred to as the “Subrecipient”) and Maricopa County the (“County”) administered by its Human Services Department. The purpose of the Agreement is for the Subrecipient to replace approximately 1,350 linear feet of existing 6” asbestos cement water mains and related appurtenances with 6-inch PVC mains along Second, Third, and Fourth Avenues, south of Ventura Street in El Mirage, AZ. The County will provide the Subrecipient with U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds in the amount not-to-exceed $452,000. Agreement term shall begin September 1, 2020 and will expire September 1, 2022. Also request authorization for the Human Services Department Director to approve and execute Change Orders/Administrative Changes as listed in Section II Special Provisions paragraph 12.0 ADDITIONAL CERTIFICATIONS AND WARRANTIES subparagraph 12.1.18 which may address any of the following areas: 12.1.18.1 Modifications to the project implementation schedule as long as it does not extend or shorten the term of the Agreement; 12.1.18.2 Minor changes in the Work Statement, provided the overall scope of work for the project is unchanged; 12.1.18.3 Value engineering of the work, provided that the change is made only to reduce the cost of the project and not to reduce the scope of work, and that the overall scope is not changed; 12.1.18.4 Modifications to terms consistent with any changes required by Federal, State, or County regulations ordinances or policies; and 12.1.18.5 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies or requirements. Change Orders/Administrative Changes will receive legal review and will be filed with the Clerk of the Board’s office upon full execution. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-20-038-G-00). Replacement of the existing water lines in the City will improve the public water supply and provide the residents with a sustained and suitable living environment. Funding for this Agreement does not impact the County’s General Fund. FY 2021: $452,000 Expenditures Formal Meeting Minutes Wednesday, August 19, 2020 Page 44 of 82 Supervisory District 4 (C-22-21-017-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 63. IGA WITH THE CITY OF TOLLESON FOR COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES Approve an Intergovernmental Agreement (“Agreement”) between the City of Tolleson (hereinafter referred to as the “Subrecipient”) and Maricopa County the (“County”) administered by its Human Services Department. The purpose of the Agreement is for the Subrecipient to provide home repair or rehabilitation services to 8 owner-occupied housing units. The project will be located in the redevelopment area in the City of Tolleson. The County will provide the Subrecipient with U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds in the amount not-to-exceed $192,254. Agreement term shall begin September 1, 2020 and will expire September 1, 2022. Also request authorization for the Human Services Department Director to approve and execute Change Orders/Administrative Changes as listed in Section II Special Provisions paragraph 12.0 ADDITIONAL CERTIFICATIONS AND WARRANTIES subparagraph 12.1.18 which may address any of the following areas: 12.1.18.1 Modifications to the project implementation schedule as long as it does not extend or shorten the term of the Agreement; 12.1.18.2 Minor changes in the Work Statement, provided the overall scope of work for the project is unchanged; 12.1.18.3 Value engineering of the work, provided that the change is made only to reduce the cost of the project and not to reduce the scope of work, and that the overall scope is not changed; 12.1.18.4 Modifications to terms consistent with any changes required by Federal, State, or County regulations ordinances or policies; and 12.1.18.5 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies or requirements. Change Orders/Administrative Changes will receive legal review and will be filed with the Clerk of the Board’s office upon full execution. This Agreement is funded by a grant from the U. S. Department of Housing and Urban Development (HUD), (C-22-20-038-G-00). The City of Tolleson is a predominantly lower-income community and its redevelopment area has a prevalence of older single-family homes in substandard living conditions. The project will support a sustained and suitable living environment. Funding for this Agreement does not impact the County’s General Fund. FY 2021: $192,254 Expenditures Supervisory District 5 (C-22-21-018-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 45 of 82 Parks and Recreation - Parques y Recreación 64. DONATIONS FOR PARKS AND RECREATION Accept the restricted monetary donations of $1,075.00 for a memorial bench to be placed within Lake Pleasant Regional Park from Debbie Burns; and $1,000 from Marie Kowalski for a memorial bench to be placed within Usery Mountain Regional Park. Donation revenue funds are deposited into Fund 243 as they are received. Donation funds are not local revenues for the purpose of 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-30-21-000-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 65. RECREATIONAL TRAIL LICENSE AGREEMENT WITH ARIZONA GAME AND FISH COMMISSION FOR MARICOPA TRAIL SEGMENT 14 Approve a Recreational Trail License Agreement (License Agreement) with Arizona Game and Fish Commission (Commission) for Maricopa County (County) to operate, utilize and maintain a portion of the Commission owned or controlled land within Section 33, Township 06 North, Range 02 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, referred to as a portion of the Ben Avery Shooting Range (BASF) for a section of Maricopa Trail Segment 14 (Trail), as described in Exhibits A to and B to the License Agreement. No property interest in the use of the Trail is conveyed to the County. The County will use the licensed property for the sole purpose of the using the Trail as a non-motorized recreational trail as part of the County’s Trail system and the County will only be responsible to provide installation and maintenance of trail markers, gates, fencing and maintenance of other such improvements placed by the County. The term of this License Agreement shall be for ten (10) years from the date of the last signature. There is one ten (10) year renewal at the option of the Commission. This item is located in Supervisorial District #4 (C-30-21-002-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 66. ADDITION TO COUNTY FLEET Approve the one-time addition to Maricopa County Vehicle Fleet of six (6) Water Hauling Trailers to be purchased by Parks and Recreation Department (D300). Funding for these vehicles was approved on Agenda item C-06-20-546-M-00 on June 10, 2020 utilizing CARES Funding. Maintenance expenditures will be paid through Parks and Recreation operating budget. These Trailers will be used to haul water to refill Parks portable hand washing stations throughout the Park system. (C-30-21-001-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 46 of 82 67. IGA WITH TOWN OF CAVE CREEK FOR REIMBURSEMENT Approve and authorize the Chairman to execute the Intergovernmental Agreement between Maricopa County (County) and the Town of Cave Creek (Town) for reimbursement of a portion of the property appraisals for properties that are adjacent to the Spur Cross Ranch Conservation Area (SCRCA), a part of the Maricopa County Parks and Recreation’s Park system. The purpose of this Agreement is to set forth the terms and conditions for the County to reimburse the Town for a portion of the property appraisals to determine the market value of properties adjacent to the SCRCA. The appraisals will be used to identify and prioritize parcels for possible future acquisition in an effort to expand the existing SCRCA. The Agreement does not authorize any land acquisition. County shall reimburse the Town for a portion of the total cost for the appraisal products in an amount that does not exceed fifty-percent (50%) of the total cost of appraisals, but in no event shall the reimbursement be greater than ten thousand dollars ($10,000.00). The term of this Agreement is five (5) years. Either party may terminate the Agreement for any reason upon thirty (30) days’ prior written notice. (C-30-21-003-X-00) Supervisor Chucri stated this is a good use of land space. He said he wanted to make sure his colleagues know this agreement is supported by Desert Foothills Land Trust. Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Planning and Development - Planificación y Desarrollo 68. RESOLUTION TO FORGIVE STALE DATED BUILDING PERMIT FEES (ALL DISTRICTS) Adopt a resolution to authorize the Planning and Development Director to forgive building permit fees for permits that were terminated by the Department 10 years ago or more given that the current property owner was not the property owner at the time the application for the building permit was filed. (C-44-21-010-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo RESOLUTION C-30-21-001-X-00 RESOLUTION OF DELEGATION OF AUTHORITY TO FORGIVE/WAIVE STALE DATED BUILDING PERMIT FEES WHEREAS, the Maricopa County Board of Supervisors has organized and staffed the Planning and Development Department (Department) for the purpose of issuing and administering building permits in unincorporated Maricopa County; pursuant to the International Building Code and Section 208 of the Maricopa County Local Additions and Addenda adopted by the Board; and, WHEREAS, in connection with the issuance and administration of building permits, the Department is authorized to charge fees for permits and other services provided by the Department; and, Formal Meeting Minutes Wednesday, August 19, 2020 Page 47 of 82 WHEREAS, from time to time, applications for building permits are processed but all of the required fees are not paid, resulting in accounts receivable for the Department; and, WHEREAS, the unpaid building permit fees are not liens against the property, meaning if the property is subsequently sold, the purchaser would be unaware that these fees are owed; and, WHEREAS, if the fees are substantial, they may thwart the ability of a prospective purchaser to purchase and/or develop the property; and WHEREAS, there comes a time where these fees become stale and uncollectable, other than if the Department were to insist that a subsequent owner pay the fees as a precondition to development of the property; and WHEREAS, pursuant to A.R.S. §§11-251 (1)), the Board desires to delegate and empower the Director with certain duties, powers and authority, all as more fully set forth below in furtherance of forgiving the collection of stale building permit fees. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby delegates to the Director authority to forgive fees in connection with applications for building permits under the following conditions: 1. The date the Department closed or terminated the application for building permit is ten (10) or more years from the date the Director will forgive the fees; and 2. The current record owner of the property for which the fee is owed is a bonafide third purchaser for value in the chain of title of the property owner at the time the application for building permit was filed. BE IT FURTHER RESOLVED that this authority is delegated pursuant to A.R.S. §§11-251 (1). UNANIMOUSLY PASSED AND ADOPTED by the Maricopa County Board of Supervisors, Maricopa County, Arizona, this 19th day of August, 2020. /s/ Clint Hickman, Chairman Attest: /s/ Fran McCarroll, Clerk of the Board Approved as to Form: /s Wayne Peck, Deputy County Attorney 69. RESOLUTION EXTENDING CONDITIONS OF APPROVAL Resolution extending the conditions of approval by the Board of Supervisors, Planning and Zoning Commission, Board of Adjustment and Administrative Approvals by the Planning and Development Department between March 1, 2020 and December 31, 2020 for Planning and Development and Construction Permit Applications in Unincorporated Maricopa County. The Board of Supervisors directs that any action that established or establishes a deadline or other timeframe with a critical date between March 1, 2020 and December 31, 2020 is extended for one (1) year from the date of adoption of this Resolution at no cost to the applicant or property owner. Preliminary plats are extended two (2) years. New preliminary plats are valid for three (3) years. (C-44-21-032-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo RESOLUTION Formal Meeting Minutes Wednesday, August 19, 2020 Page 48 of 82 Maricopa County Board of Supervisors RESOLUTION EXTENDING THE CONDITIONS OF APPROVAL BY THE BOARD OF SUPERVISORS, PLANNING AND ZONING COMMISSION, BOARD OF ADJUSTMENT AND ADMINISTRATIVE APPROVALS BY THE PLANNING AND DEVELOPMENT DEPARTMENT BETWEEN MARCH 1, 2020 AND DECEMBER 31, 2020 FOR PLANNNG AND DEVELOPMENT AND CONSTRUCTION PERMIT APPLICATIONS IN UNINCORPORATED MARICOPA COUNTY BE IT RESOLVED by the Maricopa County Board of Supervisors as follows: WHEREAS, Governor Douglas Ducey declared a state of emergency due to the COVID- 19 pandemic for the State of Arizona on March 11, 2020; and, WHEREAS, with Executive Order 2020-12 the Governor of the State of Arizona identified planning and development and construction permitting as essential services necessary to promote the public health, safety and welfare; and WHEREAS, Maricopa County is committed to full compliance with all applicable federal and state laws and regulations and enforcement of such as may be required; and WHEREAS, Maricopa County is further committed to protecting development rights and providing regulatory relief to residents and businesses during this unprecedented time in order to support economic stability, recovery and growth. NOW, THEREFORE BE IT RESOLVED, the Maricopa County Board of Supervisors directs the following: This Resolution supplements and expands Resolution C-44-20-109-M-00 adopted by the Maricopa County Board of Supervisors on April 22, 2020. Any condition of approval, except approvals of preliminary plats, by: a. The Maricopa County Board of Supervisors, b. The Maricopa County Planning and Zoning Commission, c. The Maricopa County Board of Adjustment, or d. The Maricopa County Planning and Development Department that established or establishes a deadline or other timeframe with a critical date between March 1, 2020 and December 31, 2020, shall be granted an extension at no cost for one (1) year from the date of expiration of the original deadline or timeframe upon written request to the Maricopa County Planning and Development Department provided that the property (or properties) is not in violation of any Maricopa County laws, code, regulations and/or ordinances. The expiration date for approved preliminary plats with expiration dates between March 1, 2020 and December 31, 2020 shall be extended for two years from the original expiration date. New preliminary plats approved between March 1, 2020 and December 31, 2020 shall remain valid for three years from date of approval. Nothing contained in this Resolution shall be interpreted or deemed to extend any time periods that have resulted from a Code Enforcement Action by the Maricopa County Formal Meeting Minutes Wednesday, August 19, 2020 Page 49 of 82 Planning and Development Department. The Planning and Development Director will evaluate and grant extensions to code enforcement deadlines on a case-by-case basis. ADOPTED by the Maricopa County Board of Supervisors, Maricopa County, Arizona, this 19th day of August, 2020. /s/ Clint Hickman, Chairman Attest: /s/ Fran McCarroll, Clerk of the Board Approved as to Form: Wayne Peck, Deputy County Attorney 70. MARICOPA COUNTY AGGREGATE MINING OPERATIONS ZONING DISTRICT #2 District 2 - initiate establishment of the Maricopa County Aggregate Mining Operations Zoning District #2 (a.k.a. Twin Knolls Aggregate Mining Operations Zoning District), to encompass an area bounded by the Boise St. alignment on the north, 85th Pl. on the east, Apache Trail on the south, and 81st St. on the west. The Board will subsequently appoint an equal number up to seven each of mining industry representatives (from active operations within the district or from within any other district in the county) and private citizens not affiliated with the mining industry who reside within a three-mile radius of the district boundary – to the Maricopa County Aggregate Mining Operations Zoning District #2 Recommendation Committee. The committee will serve as a mediation body between members of the public and mining operators, recommend administrative regulations for adoption by the Board, and hear complaints filed with and make recommendations to the State Mine Inspector’s Office. (C-44-21-009-X-00) Supervisor Chucri stated this is a mistake to be rushing into this project. He said this proposed mining operation is very close to well established neighborhoods and blowing up Twin Knolls without more discussion with constituents and the legislature would constitute bad government. He said more thought needs to go into this issue. Motion to continue item indefinitely was made by Supervisor Steve Chucri, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Procurement Services - Servicios de Adquisiciones 71. SOUTH EAST JUSTICE COURTS AND ADULT PROBATION (200095-DBB) Approve the Contract for Award at an estimate of $27,475,000.00 with Johnson Carlier LLC. The purpose of the contract is to provide construction services to build and provide tenant improvements at the South East Justice Center and Adult Probation for the Facilities Management Office at 222 E Javelina Avenue, Mesa, AZ 85210. (C-73-21-009-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 72. QUALTRICS COMPETITION IMPRACTICABLE Authorize an increase to the Qualtrics Competition Impracticable procurement in the amount of $147,000.00 from $63,449.59 to $210,449.59 and authorize the Chief Procurement Officer to sign any related Order Forms. The original Competition Impracticable was approved by the Chief Procurement Officer (CPO). Qualtrics is a data survey platform that enables users to develop and disseminate surveys for data collection. The software was originally purchased by the Public Health Department over 10 years ago and is currently used by Public Health and the County's Unified Command. (C-73-21- 008-X-00) Formal Meeting Minutes Wednesday, August 19, 2020 Page 50 of 82 Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 73. MARICOPA COUNTY ADMINISTRATION BUILDING RE-STACK (190035-ROQ) Approve change order number two between Maricopa County and Dekker/Perich/Sabatini (architects), for the Maricopa County Administration Building Re-Stack project in the amount of $47,399.64 for a total revised contract value of $1,575,621.64. The purpose of change order number two is to add electrical engineering services for upgrades to the buildings UPS system, floor plan revisions to 2nd and 3rd floor Assessor's Department, 7th floor doors, additional 9th floor office and workstations and for counter revisions at the 1st floor combined counter and 2nd floor Assessor's counter. (C-73-21-010-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Public Fiduciary - Fiduciario Público 74. TRANSFER INDIGENT BURIAL FROM PUBLIC FIDUCIARY TO THE DEPARTMENT OF PUBLIC HEALTH, OFFICE OF VITAL SERVICES In accordance with A.R.S. §42-17106(B), authorize the following transfer of expenditure authority within the FY 2021 budget: 1) Decrease the expenditure authority in Public Fiduciary (D340) General Fund (100) Operating (OPER) in the amount of $476,691 2) Increase the expenditure authority in Public Health (D860) General Fund (100) Operating (OPER) in the amount of $476,691 3) Decrease the revenue authority in Public Fiduciary (D340) General Fund (100) Operating (OPER) in the amount of $133,320 4) Increase the revenue authority in Public Health (D860) General Fund (100) Operating (OPER) in the amount of $133,320 (C-56-21-002-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Public Health - Salud Pública 75. AMENDMENT TO IGA WITH DYSART ELEMENTARY SCHOOL DISTRICT FOR DENTAL SEALANT PROGRAM SERVICES Approve a retro-active non-financial amendment 1 to the Intergovernmental Agreement (IGA) between Dysart Elementary School District and Maricopa County by and through its Department of Public Health, Office of Oral Health Dental Sealant Program for free dental sealant services for the students. This amendment extends the term for one year (1) to begin July 1, 2020 and ending June 31, 2021. All terms and conditions of the original IGA shall remain in full force until terminated by either party. The contract may be extended for additional one (1) year periods, not to exceed a total extended term of five (5) years. This amendment is for year two of the five-year term. (C-86-20-017-3-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 51 of 82 76. AMENDMENT TO LEASE AGREEMENT L-7455 WITH ST. MARY’S FOOD BANK ALLIANCE Approve Amendment No. 4 to Lease Agreement No. L-7455 with St. Mary’s Food Bank Alliance, an Arizona non-profit corporation, for County use of approximately 6,400 square feet of office and clinic space at 3003 West Thomas Road, Phoenix. Maricopa County Public Health will use the subject leased space for the continued operation of a regional WIC facility. The amendment extends the lease term for one (1) year commencing November 1, 2020 and expiring on October 31, 2021, unless terminated earlier as provided for in the agreement. The monthly base rent during the lease term will remain at $5,800.00 per month ($10.88 per square foot annually) plus rental tax. Estimated annual cost is $71,618.40. The County will be responsible for providing janitorial services to the leased premises. The County may terminate the Lease by providing a 90-day written notice, non-appropriation of funds notice and pursuant to A.R.S. § 38-511. (C-86-15-016-1-04) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 77. AMENDMENT TO REVOCABLE LICENSE AGREEMENT WITH DEER VALLEY UNIFIED SCHOOL DISTRICT Approve Amendment No. 2 to License Agreement No. P-50298 between Deer Valley Unified School District (DVUSD), Licensor, and Maricopa County, Licensee, for use of two classrooms at DVUSDs’ Constitution Elementary School located at 18440 North 15th Avenue, Phoenix, AZ 85023. Maricopa County Public Health, through its Women Infants and Children (WIC) Program will provide continuing WIC program services at no charge to presenting clientele including services from associated partners. The extended term under the amended License will commence October 1, 2020 and expire September 30, 2022. The monthly use fee will continue at nine hundred ($900.00) dollars (gross) for 24 months for a total not-to-exceed of $21,600 plus 10% tax and/or miscellaneous; an additional $2160.00. (C-86-17-052-L-02) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 78. AMENDMENT TO IGA WITH ARIZONA BOARD OF PHARMACY Approve an Amendment No. 1 to Intergovernmental Agreement between Arizona Board of Pharmacy and Maricopa County by and through its Department of Public Health to provide continued funding for an epidemiologist position to support the collection and analysis of Prescription Drug Monitoring Program Data. The term of this Agreement is September 1, 2019 through August 31, 2022. I. The above named IGA contract is hereby amended as specified below: 3. Agreement Amount: change the agreement amount total from $150,000 to $89,632 (decrease by $60,368.00 for the budget period September 1, 2020 through August 31, 2021); II. ATTACHMENT A is added as Budget III. ATTACHMENT B is added as Budget Narrative IV. All other terms and conditions of the original contract and its amendments shall remain in full force and effect. (C-86-20-024-3-01) Formal Meeting Minutes Wednesday, August 19, 2020 Page 52 of 82 Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 79. AMENDMENT TO CONTRACT WITH ARIZONA ALLIANCE FOR COMMUNITY HEALTH CENTERS (AACHC) FOR ASSESSMENT OF SUBSTANCE ABUSE INFRASTRUCTURES Approve amendment No. 1 to PH RFP Contract #200142, between Maricopa County, a political subdivision of the State of Arizona, through its Department of Public Health (MCDPH) and Arizona Alliance for Community Health Centers (“Contractor”), to continue to provide assessment of Substance Abuse Infrastructures in Federally Qualified Community Health Centers. The original term of this contract is for three (3) years, beginning December 1, 2019 and ending November 30, 2022. The revised contract term dates shall be changed to (September 1, 2020 – August 31, 2022). It is mutually agreed that the referenced contract is amended as follows A. Attachment A, Scope of Work. This updated scope of work shall become effective on September 1, 2020. B. Attachment B, Budget Justification. This updated year two (2) budget narrative is effective from September 1, 2020 to August 31, 2021. C. Attachment C, Year-two (2) Timeline. This updated timeline shall become effective on September 1, 2020. D. Contract term dates shall be changed to (September 1, 2020 – August 31, 2022). II. All other terms and conditions of the original contract shall remain in full force and effect. Arizona Alliance for Community Health Centers was the sole respondent to PH RFP 200142 Solicitation that closed on September 30, 2019. Due to their current infrastructure as well as their ability to fulfill the expectations of this contract, it was determined that a second solicitation was not in the best interest of the County. (C-86-20-021-3-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 80. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR DIETETIC INTERNSHIP PROGRAM Approve Amendment No. 1 to Intergovernmental Agreement (IGA) Contract No. CTR046145 between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH) to provide continued funding for the Dietetic Internship Program. The term of this Agreement is October 1, 2019 through September 30, 2024. The revised price sheet is for a total not-to-exceed amount of $150,000 effective October 1, 2020 through September 30, 2021. It is mutually agreed that the referenced IGA is amended as follows: 1. Pursuant to Terms and Conditions, Provision Six (6) Contract Changes, Section 6.1 Amendments, Purchase Orders and Change Orders, the following changes are made under this Amendment One (1): 1.1 The Price Sheet is revised and replaced by the Price Sheet of this Amendment One (1). Formal Meeting Minutes Wednesday, August 19, 2020 Page 53 of 82 This grant award is reoccurring and has been awarded to the department for many years. There is no cash or in-kind match required and indirect costs are fully recoverable. Ongoing cash contributions will not be required. The grant award is not a mandated function but provides a benefit to the citizens by increasing the number of Women, Infant and Children (WIC) Registered Dieticians to provide high risk nutrition counseling for the community. The grant award is not competitively bid and the department’s operating budget is not required to absorb any costs. The Department of Public Health’s Indirect Rate for FY-21 is 18.8%. Indirect costs are budgeted at $23,737 which are 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 rates. 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 Amendment 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-86-20-011-3-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 81. FUNDING FOR IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HIV PREVENTION AND RYAN WHITE PART B SERVICES Approve the HIV Prevention and Ryan White Part B (RWPB) Price Sheet to IGA ADHS18- 188819 between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH). The HIV portion of the IGA is in the not to exceed amount of $240,000 for the budget period ending December 31, 2020. The RWPB portion is in the not-to-exceed amount of $914,098 for the budget period ending March 31, 2021. The IGA term is January 1, 2018 through December 31, 2023. Should there be an amendment issued by ADHS specific to this funding, please approve County signatures without a return for further approval. This HIV Prevention grant award is reoccurring and has been awarded to the department in previous years. It is non-competitive and there is no cash or in-kind match required. The grant award is a mandated function, should it be discontinued on-going contributions may be required. This grant deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 15% of salaries and employee related expenses. The Department of Public Health’s indirect rate for FY20-21 is 18.8%. Total indirect expenses are estimated to be $194,555 of which $119,230 is recoverable and $75,325 is not recoverable and will be absorbed by the departments operating budget. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. 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 Amendment 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-86-21-021-X-00) Formal Meeting Minutes Wednesday, August 19, 2020 Page 54 of 82 Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 82. PROVIDER PARTICIPATION AGREEMENT REVALIDATION WITH ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM Approve the revalidation of the Provider Participation Agreement between Arizona Health Care Cost Containment System (AHCCCS) and Maricopa County by and between its Department of Public Health (MCDPH), dba, Maricopa County Department of Health Services, dba, Public Health Clinical (PHC) for the registration and payment for health care services provided by Public Health Clinic for fee-for-service eligible persons. The term of this Agreement shall begin upon Board of Supervisors approval and shall remain in effect until terminated by either party with a 30-day notice. This agreement allows Maricopa County Department of Public Health, dba, Maricopa County Department of Health Services, dba Public Health Clinical to bill Arizona Health Care Cost Containment System (AHCCCS) health plans for reimbursable client services provided at the Public Health Clinic. This allows the Public Health Clinic to generate revenue to operate the programs. The overall fee fund budget will be adjusted as necessary to accommodate increase in revenue through a future reconciliation. (C-86-21-022-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 83. IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES FOR HEALTHY PEOPLE HEALTHY COMMUNITIES Approve Intergovernmental Agreement (IGA) Combined Fixed Price Contract (No. IGA2020- 013) between Arizona Department of Health Services (ADHS), Healthy People Healthy Communities and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for programs that will include Tobacco and Chronic Disease (T&CD),Teen Pregnancy Prevention (TPP), Health in Arizona Policy Initiative (HAPI), Public Health Improvement (PHI), and Healthy Arizona Worksite Program (HAWP). The purpose of the IGA is intended to provide evidence-based prevention programs with strategies designed to impact policy, system, and environmental change in order to promote county-wide health changes so that public health will be maximized. By providing a pathway of coordination and support for the multiple prevention programs to Implement identified health priorities of the Arizona State and County Health Improvement Plans. The Price Sheet is for a total not-to-exceed amount of $3,487,107.94 with the Budget period beginning July 1, 2020 through June 30, 2021.The term of the Agreement is July 1, 2020 through June 30, 2025. The term of the contract shall not exceed five years. The Healthy People, Healthy Communities grant award is anticipated to reoccur. There is no cash or in-kind match required. The grant award is non-competitive and on-going contributions are not required. Though not mandated, services are a benefit to citizens of Maricopa County by providing interventions for Healthy Communities with policy, systems and environmental approaches that shape the communities in which we live. Healthy People are interventions at the individual level, targeting individual behavior and promoting healthy choices. The individual price sheet budget amounts are: Action Plan: $399,504.97 Tobacco: $1,953,617.52 HAPI: $293,376.08 HAWP: $326,427.06 Formal Meeting Minutes Wednesday, August 19, 2020 Page 55 of 82 PHI: $330,278.31 TPP: $183,868.00 MCDPH’s Indirect Rate for FY2020-2021 is 18.8%. The indirect costs are estimated at $529,591($325,430 for Tobacco, $73,194 for HAPI, $64,571 for HAWP Program and $36,371 for TPP, which are fully recoverable. The PHI grant deviates from County Policy A2505 and does not allow for full indirect cost reimbursement, but a maximum of 10% indirect costs reimbursement. The full indirect costs are estimated at $56,448 of which $30,025 is recoverable and $26,423 is unrecoverable. 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-86-21-010-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 84. IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES (ADHS) – ‘HEPATITUS C MEDSIS DATA ENTRY PROJECT’ Approve an IGA (grant number yet to be assigned) and new grant funds from ADHS in the not- to-exceed amount of $32,500 for the following project deliverables: 1.1. Deliverable 1: Data Mergers between ELR (Electronic Laboratory Reporting) and MEDSIS (Medical Electronic Disease Surveillance Intelligence System) for Hepatitis C. 1.1.1. Input data into NNDSS (National Notifiable Diseases Surveillance System) for CDC Submission. 1.2. Deliverable 2: Coordination with ADHS Hepatitis C Surveillance Program. 1.2.1. Participate in regular conference calls to provide feedback on processes and any barriers in hepatitis C data mergers in MEDSIS. The project period is August 1, 2020 through October 31, 2020 with an option for renewal for a maximum 5-year term. This is the first project period of this grant and it is not certain whether it will continue beyond the initial term. The award was non-competitive and there is no cash or in-kind match required. This project is not mandated so should this grant be discontinued, ongoing cash contributions should not be required. This funding is to cover the addition of on temporary staff person. Indirect cost is not allowed. The Department of Public Health indirect rate for FY2020-21 is 18.8%. Full indirect costs are estimated at $6,110, all of which is not recoverable. Program costs not allocated to the grant will be covered by the MCDPH indirect cost pool. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. (C-86-21-023-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 56 of 82 85. PURCHASE ORDER TO IGA FOR TUBERCULOSIS CONTROL PROGRAM WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Approve a retro-active Purchase Order (PO) 190255 for Intergovernmental Agreement (IGA) ADHS18-188102 between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH). The PO is in the not-to-exceed amount of $400,987.70 per item 1. The budget period is January 1, 2020 through December 31, 2020 (Year 3). The IGA term is January 1, 2018 through December 31, 2022. The TB grant award is reoccurring and has been awarded to MCDPH in previous years. It does not require an in-kind match and indirect costs are fully recoverable. TB control and testing are mandated services. Should the grant cease, ongoing contributions may be required. This grant award was not competitive. The Department of Public Health’s indirect rate for FY21 is 18.8%. Indirect costs are estimated at $63,456, all of which is fully recoverable. All program costs are allocated to the grant so there will be no additional burden on 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. Funds for this Agreement are provided by ADHS and do not affect the County’s general fund (C-86-18-049-3-03) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 86. APPROPRIATION ADJUSTMENT FOR EMERENCY PREPAREDNESS PROGRAM Pursuant to A.R.S. §42-17106(B), approve appropriation adjustments resulting in a net increase to revenue and expenditures of $1,693,417 in FY 2021 to Public Health (D860) Public Health Grants Fund (532) Operating (OPER) budget. The appropriation adjustment is related to the Intergovernmental Agreement (IGA) Agreement No. ADHS17-133194, Emergency Preparedness Program (EPP) between Arizona Department of Health Services (ADHS) and Maricopa County by and through its Department of Public Health (MCDPH), Office of Preparedness and Response (OPR) for the COVID-19 response. The total PO amount to IGA No. ADHS17-133194 is for $2,257,890 and was approved as C-86- 16-112-3-07 on 5/6/2020. FY 2020 spending was $564,473 resulting in an appropriation adjustment of $1,693,417 for FY 2021. 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 budget adjustment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Funding for this Agreement is provided by a Grant from ADHS and will not affect the County’s general fund. (C-86-21-024-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 57 of 82 87. RESCIND AND APPROVE REVISED IGA WITH ARIZONA DEPARTMENT OF HEALTH SERVICES Rescind approval of IGA action C-86-20-050-3-00 approved 5/6/2020 and approve the revised IGA and new grant funds from ADHS in the not-to-exceed amount of $107,000 for the project purpose of promoting a linkage to care to prevent syphilis and improve health outcomes in women and babies. The project period is retro-active and effective for the calendar budget period of March 1, 2020 through February 28, 2021. The end date is revised from July 31, 2020. Funds may not be available for performance under this contract beyond the first year of the budget or contract term. The award was non-competitive and there is no cash or in-kind match required. Should this grant be discontinued, ongoing cash contributions should not be required. It is not certain whether this grant award will reoccur. The Department of Public Health indirect rate for FY2019-20 is 19.2%. Full indirect costs are estimated at $17,235, all of which are recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. All program costs are allocated to the grant so there will not be additional burden on the department’s operating budget. This contract is possible through a Federal Award to ADHS from the Centers of Disease Control and Prevention titled ‘Project W – Infants with Congenital Exposure’. The CFDA number is 93.323. 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. Approval of this action does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. (C-86-20-050-3-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 88. MEMO OF COMMENCEMENT TO LEASE AGREEMENT AMENDMENT L-7381 Approve Memorandum of 840/850 Commencement Date (MOC) to Lease Agreement L-7381, Amendment 4, Public Health Department use of an additional 5,088 rentable square feet of office space at 4041 N. Central Avenue, Suites 840 and 850, Phoenix, 85012. The MOC will acknowledge and reiterate from Amendment 4 (i) the recitals, (ii) the Commencement Date, (iii) when Rent shall begin to accrue with respect to Suites 840 and 850, (iv) the Lease remains in full force and effect, and (v) any capitalized terms not defined in the MOC shall have the definitions as defined in the Lease. (C-86-06-044-4-07) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 89. ACCEPT GRANT AWARD FOR AZ HEALTH ZONE, SUPPLEMENTAL NUTRITION ASSITANCE PROGRAM-EDUCATION (SNAP-ED) Approve grant award offer and acceptance for Contract No. (RFGA2020-001-001) between Arizona Department of Health Services (ADHS), Bureau of Nutrition and Physical Activity (BPNA) in partnership with the AZ Department of Economic Security (AZDES), Family Assistance Administration and Maricopa County by and through its Department of Public Health (MCDPH) to provide funding for AZ Health Zone SNAP-Ed program. The term of this Agreement Formal Meeting Minutes Wednesday, August 19, 2020 Page 58 of 82 is October 1, 2020 through September 30, 2025. The budget period is effective October 1, 2020 through September 30, 2021 for the not-to-exceed amount of $2,205,445.00. The AZ Health Zone is a community health engagement program that supports and builds collaborative partnerships aimed to improve public health through increased access to physical activity opportunities, healthy food and education. For the next five years the program looks to deepen the Policy, System, and Environmental impact in communities using multi-level interventions. This will be achieved through enhanced engagement in communities with limited resources and adoption of trauma-aware principles at each level of the program. This award is reoccurring and has been awarded to the department for many years. There is no cash or in-kind match required and indirect cost is fully recoverable (less that which is set aside for sub-recipients). Ongoing cash contributions are not required. This is not a mandated function but benefits our citizens with the provision of nutrition and physical activity education. The grant award is competitively bid. MCDPH’s indirect rate for FY 2020-21 is 18.8%. $100,000 is pass-thru and not subject to indirect. The full indirect costs are estimated at $333,185 all of which are recoverable. Departmental indirect rates are reestablished at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. 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 Amendment 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-86-21-025-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 90. NOTICE AND CONSENT TO ASSIGN TO STUDENT ROTATION TRAINING AGREEMENT WITH IOWA COLLEGE ACQUISITION LLC D/B/A KAPLAN UNIVERSITY Approve the assignment of Student Rotation Training Agreement with Iowa College Acquisition LLC d/b/a Kaplan University (Kaplan) from Kaplan to Purdue University Global, Inc, (PG). PG has assumed all rights and obligation of this agreement. All other terms and requirements of the original agreement remain in full force and effect. This agreement allows students from Kaplan University to complete unpaid educational rotations with the Epidemiology program and other programs, and to sustain a working partnership with MCDPH. (C-86-17-044-3-01) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 91. INTERNSHIP AFFILIATION AGREEMENT WITH BENEDICTINE UNIVERSITY Approve the Internship Affiliation Agreement with Benedictine University to allow students to continue to participate in learning experiences at the Maricopa County Department of Public Health. The agreement is non-financial, and the term is to be from July 1, 2020 through June 30, 2025. Formal Meeting Minutes Wednesday, August 19, 2020 Page 59 of 82 The agreement would allow MPH students from Benedictine University to continue to complete unpaid educational rotations with the Epidemiology program and other programs, and to sustain a working partnership with MCDPH. (C-86-21-026-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 92. EDUCATION AFFILIATION AGREEMENT WITH BANNER HEALTH Approve the Education Affiliation Agreement with Banner Health to continue to provide clinical nutrition training experience for graduate students in the dietetic internship. The agreement is non-financial, and the term is to be from March 2, 2021 through June 30, 2024. As a part of its established accredited dietetic internship program, the Department of Public Health seeks to provide its dietetic interns with a broad and diverse practicum experience. This agreement with Banner Health will allow dietetic interns to continue to receive approved practicum experience in clinical nutrition. Supervised by Banner Health registered dietitians in Banner Health facilities, interns would continue to be responsible to Public Health. This agreement is non-financial and does not affect the County general fund. (C-86-21-027-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 93. RFP CONTRACT WITH VALLE DEL SOL FOR MASS IMMUNIZATION SERVICES AND ADMINISTRATION Approve a Public Health Request for Proposal (PH RFP) Contract #200234, between Maricopa County through its Department of Public Health (MCDPH) and Valle del Sol (Contractor) for the provision and administration of seasonal flu vaccine (as well as other types of vaccines, as needed) to those 6 months of age and older. The term of the contract is for three (3) years, beginning August 19, 2020 and ending August 18, 2023 with an option to renew up to a maximum of two (2) additional years, (or at the County’s sole discretion, extend the contract on a month- to-month basis for a maximum of six (6) month after expiration). Valle del Sol is one of five local providers that were awarded this fee for service contract pursuant to Section MC1-330 of the Maricopa County Procurement Code. It is anticipated that an additional five contracts will be awarded in the form of intergovernmental agreements (IGAs) to various local jurisdictions in order to provide the same or very similar services. These IGAs are projected to appear on a future BOS agenda. The combined total of all related awards for this service is in a not to exceed amount of $7,000,000; an amount that was BOS approved on June 8, 2020 as C-86-20-552-M- 00 C-06-20-552-M-00. These agreements will be CARES Act funded. Currently, CARES Act funding is set to expire 12/31/2020. Should that occur, and should alternate funding not be available, Section 4.0 of the Contract, Availability of Funds will apply, allowing for a change or termination of the contract. (C- 86-21-028-X-00) CLERK’S NOTE: Item 93 had an incorrect tracking number and it should be corrected. Language to be added is underscored, language to be deleted is struck-through. Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 94. RFP CONTRACT WITH DIGNITY HEALTH FOR MASS IMMUNIZATION SERVICES AND ADMINISTRATION Formal Meeting Minutes Wednesday, August 19, 2020 Page 60 of 82 Approve a Public Health Request for Proposal (PH RFP) Contract #200234, between Maricopa County through its Department of Public Health (MCDPH) and Dignity Health (Contractor) for the provision and administration of seasonal flu vaccine (as well as other types of vaccines, as needed) to those 6 months of age and older. The term of the contract is for three (3) years, beginning August 19, 2020 and ending August 18, 2023 with an option to renew up to a maximum of two (2) additional years, (or at the County’s sole discretion, extend the contract on a month- to-month basis for a maximum of six (6) month after expiration). Dignity Health is one of five local providers that were awarded this fee for service contract pursuant to Section MC1-330 of the Maricopa County Procurement Code. It is anticipated that an additional five contracts may be awarded in the form of intergovernmental agreements (IGAs) to various local jurisdictions in order to provide the same or very similar services. These IGAs are projected to appear on a future BOS agenda. The combined total of all related awards for this service is in a not to exceed amount of $7,000,000; an amount that was BOS approved on June 8, 2020 as C-86-20-552-M- 00 C-06-20-552-M-00. These agreements will be CARES Act funded. Currently, CARES Act funding is set to expire 12/31/2020. Should that occur, and should alternate funding not be available, Section 4.0 of the Contract, Availability of Funds will apply, allowing for a change or termination of the contract. (C- 86-21-029-X-00) CLERK’S NOTE: Item 94 had an incorrect tracking number and it should be corrected. Language to be added is underscored, language to be deleted is struck-through. Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 95. RFP CONTRACT WITH PASSPORT HEALTH FOR MASS IMMUNIZATION SERVICES AND ADMINISTRATION Approve a Public Health Request for Proposal (PH RFP) Contract #200234, between Maricopa County through its Department of Public Health (MCDPH) and Passport Health (Contractor) for the provision and administration of seasonal flu vaccine (as well as other types of vaccines, as needed) to those 6 months of age and older. The term of the contract is for three (3) years, beginning August 19, 2020 and ending August 18, 2023 with an option to renew up to a maximum of two (2) additional years, (or at the County’s sole discretion, extend the contract on a month- to-month basis for a maximum of six (6) month after expiration). Passport Health is one of five local providers that were awarded this fee for service contract pursuant to Section MC1-330 of the Maricopa County Procurement Code. It is anticipated that an additional five contracts may be awarded in the form of intergovernmental agreements (IGAs) to various local jurisdictions in order to provide the same or very similar services. These IGAs are projected to appear on a future BOS agenda. The combined total of all related awards for this service is in a not to exceed amount of $7,000,000; an amount that was BOS approved on June 8, 2020 as C-86-20-552-M- 00 C-06-20-552-M-00. These agreements will be CARES Act funded. Currently, CARES Act funding is set to expire 12/31/2020. Should that occur, and should alternate funding not be available, Section 4.0 of the Contract, Availability of Funds will apply, allowing for a change or termination of the contract. (C- 86-21-030-X-00) CLERK’S NOTE: Item 95 had an incorrect tracking number and it should be corrected. Language to be added is underscored, language to be deleted is struck-through. Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 61 of 82 96. RFP CONTRACT WITH VALLEYWISE FOR MASS IMMUNIZATION SERVICES AND ADMINISTRATION Approve a Public Health Request for Proposal (PH RFP) Contract #200234, between Maricopa County through its Department of Public Health (MCDPH) and Valleywise (Contractor) for the provision and administration of seasonal flu vaccine (as well as other types of vaccines, as needed) to those 6 months of age and older. The term of the contract is for three (3) years, beginning August 19, 2020 and ending August 18, 2023 with an option to renew up to a maximum of two (2) additional years, (or at the County’s sole discretion, extend the contract on a month- to-month basis for a maximum of six (6) month after expiration). Valleywise is one of five local providers that were awarded this fee for service contract pursuant to Section MC1-330 of the Maricopa County Procurement Code. It is anticipated that an additional five contracts may be awarded in the form of intergovernmental agreements (IGAs) to various local jurisdictions in order to provide the same or very similar services. These IGAs are projected to appear on a future BOS agenda. The combined total of all related awards for this service is in a not to exceed amount of $7,000,000; an amount BOS approved on June 8, 2020 as C-86-20-552-M-00 C-06- 20-552-M-00. These agreements will be CARES Act funded. Currently, CARES Act funding is set to expire 12/31/2020. Should that occur, and should alternate funding not be available, Section 4.0 of the Contract, Availability of Funds will apply, allowing for a change or termination of the contract. (C- 86-21-031-X-00) CLERK’S NOTE: Item 96 had an incorrect tracking number and it should be corrected. Language to be added is underscored, language to be deleted is struck-through. Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 97. CONTRACT WITH MOLLEN & KINSLEY, LLC FOR MASS IMMUNIZATION SERVICES AND ADMINISTRATION Approve a Public Health Request for Proposal (PH RFP) Contract #200234, between Maricopa County through its Department of Public Health (MCDPH) and Mollen & Kinsley, LLC (Contractor) for the provision and administration of seasonal flu vaccine (as well as other types of vaccines, as needed) to those 6 months of age and older. The term of the contract is for three (3) years, beginning August 19, 2020 and ending August 18, 2023 with an option to renew up to a maximum of two (2) additional years, (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six (6) month after expiration). Mollen & Kinsley, LLC is one of five local providers that were awarded this fee for service contract pursuant to Section MC1-330 of the Maricopa County Procurement Code. It is anticipated that an additional five contracts may be awarded in the form of intergovernmental agreements (IGAs) to various local jurisdictions in order to provide the same or very similar services. These IGAs are projected to appear on a future BOS agenda. The combined total of all related awards for this service is in a not to exceed amount of $7,000,000; an amount BOS approved on June 8, 2020 as C-86- 20-552-M-00 C-06-20-552-M-00. These agreements will be CARES Act funded. Currently, CARES Act funding is set to expire 12/31/2020. Should that occur, and should alternate funding not be available, Section 4.0 of the Contract, Availability of Funds will apply allowing for a change or termination of the contract. (C- 86-21-032-X-00) CLERK’S NOTE: Item 97 had an incorrect tracking number and it should be corrected. Language to be added is underscored, language to be deleted is struck-through. Formal Meeting Minutes Wednesday, August 19, 2020 Page 62 of 82 Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Real Estate - Bienes Raíces 98. ADMINISTRATIVE CHANGE TO REAL PROPERTY PURCHASE DOCUMENTS Approve an administrative change to agenda item C-78-20-010-3-01, approved on 7/22/2020, to correct an error regarding parcel number notation on page one of the Purchase Agreement and Escrow Instructions and page one of EXHIBIT E. This correction changes APN 112-10-022C to APN 112-19-022C. (C-78-20-010-3-02) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 99. CITY OF MESA SIDEWALK AND WATER LINE EASEMENTS Approve one (1) Sidewalk easement and two (2) Water Line easements for property located at the Southeast Regional Center (APN 139-49-001X), and all other required documents approved by legal counsel for granting the easements to the City of Mesa without public auction pursuant to A.R.S. § 11-251, for the development of the Southeast Justice Courts Center. The easements are necessary for the development of the Southeast Justice Courts Center to construct sidewalks and water service to the County’s property (APN 139-49-001X). This easement will grant City of Mesa the right to construct, reconstruct, replace, repair, operate, and maintain sidewalks and water lines on County property. This item is located in Supervisor District 1 District 2 THIS ACTION REQUIRES UNANIMOUS CONSENT OF THE BOARD. (C-78-21-005-X-00) The Clerk indicated that the item should be corrected to indicate it is in Supervisory District 2. Language to be added is underscored, language to be deleted is struck-through. Motion to approve by roll call vote by Supervisor Steve Chucri, seconded by Supervisor Jack Sellers The Clerk called the roll with the following result: Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Risk Management - Gestión de Riesgos 100. SETTLEMENT IN MEYER V. MARICOPA COUNTY Approve request of settlement for Meyer v. Maricopa County CV2019-090361 in the amount of $300,000. This matter was discussed in Executive Session on 7/20/20. (C-75-21-000-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Transportation - Transportación Formal Meeting Minutes Wednesday, August 19, 2020 Page 63 of 82 101. CHANGE ORDER NO. 13 WITH COMBS CONSTRUCTION COMPANY, INC. Approve Change Order No. 13 to allow MCDOT to compensate the Contractor for full and complete compensation to the Contractor for cost to complete the project within the time extension established in Change Order 11. Change Order 13 costs will be compensated by new Allowance and Lump Sum items which are based upon material and unit price increases; supervision and Site Special Conditions; additional subcontractor mobilizations; and daily traffic control cost during this time extension. Within the Project limits and along the north side of MC 85 between 91st Avenue and 87th Avenue, there was an existing overhead, multi-circuit 12kV powerline supported on a dozen wood poles which was intended to remain. Based on the pole locations relative to the project improvements, there did not appear to be any conflicts at time of bid. However, the proposed roadway grades and elevations caused the lowering of the existing ground surface elevations at the pole locations. This change, coupled with the adjacent pipeline excavation required to construct a new 30” SRP Irrigation pipeline, now stood to compromise the embedment depth of enough of the wood poles to compromise the safety and integrity of the overhead powerlines. After extensive research and review by SRP Power Distribution, the only option was to convert the overhead facility to an underground facility. This relocation work by SRP took from April 14, 2020 to July 12, 2020 to complete. This has resulted in a delay to the project’s contract work, causing it to be performed outside of the original contract time and built in overhead cost. This work is being performed out of phase, separately from previous subcontractor crew and equipment mobilizations, and beyond the duration of the original lump sum traffic control bid amount. Resolution and relocation of the utilities will cause the completion of this work to be performed outside of the original Contract duration for which supervision and Site Special Conditions will be required resulting in additional cost. Supervisory District No. 5 (C-64-21-007- X-01) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 102. CHANGE ORDER NO. 14 WITH COMBS CONSTRUCTION COMPANY, INC, Approve Change Order No.14 to allow MCDOT to compensate the Contractor for negotiated compensation, inclusive of all subcontractors, for claimed delay and standby costs incurred between June 17, 2020 and July 12, 2020. This change order shall be full and complete compensation for all direct costs, (Labor, vehicles and equipment standby), and indirect cost, (Corporate overhead) submitted by and negotiated with the Contractor. This date range covers utility relocation work that was ongoing as of June 17, 2020 and prevented the continuation of work by the Contractor up to and including the date of July 12, 2020. Within the Project limits and along the north side of MC 85 between 91st Avenue and 87th Avenue, there was an existing overhead, multi-circuit 12kV powerline supported on a dozen wood poles which was intended to remain. For reasons described in Change Order 13, it became necessary during construction of the project for the existing overhead power to be relocated and converted to an underground facility. This relocation work by SRP took from April 14, 2020 to July 12, 2020 to complete. Meanwhile, progress on the rest of the project continued and was completed on June 17, 2020. The only area of remaining Contract work was westbound MC85 between 91st and 87th Avenues where the SRP power relocation was occurring. As a result, the Contractor was delayed from performing any Contract work from June 17th to July 12th in this area of the project and is entitled to compensation for the delays in accordance with MAG Specification 109.8.2, Contracting Agency Delay. Supervisory District No. 5 (C-64-21-007-X-02) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 64 of 82 103. GRANT FUNDS FOR TRAFFIC MANAGEMENT CENTER REGIONAL ARCHIVE DATA SYSTEM CORE RE-ARCHITECT Authorize the Maricopa County Department of Transportation (MCDOT) to accept federal funding reimbursements as approved by Maricopa Association of Governments (MAG), and expend the grant funds for the Department of Transportation: Transportation System Management Project, sub-project TE069 TMC - RADS Core Re-Architect up to the total cost of the project. Estimated construction cost of the project is $1,500,000. MAG has authorized $1,414,500 in federal reimbursement funds which are available in FY 2020. MCDOT’s local 5.7% match portion is $85,500 and will be absorbed by the department operating budget from HURF funds. The grant awarded is a one-time award. There are no future or ongoing contributions required after the grant period ends. The grant fulfills a mandated service that the department is required to perform. The grant award is a competitively bid and other eligible agencies may or may not bid on this grant award. The County’s FY 2020 indirect cost rate is 13.45%. All costs under this agreement are for capital expenditures which are not subject to 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. This budget adjustment does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Supervisory Districts 1-5 (C-64-21-017-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 104. CONDITIONAL COUNTY ROAD ABANDONMENT: AB-327 Pursuant to A.R.S. §28-6709 and 28-7202, adopt Resolution AB-327 (Resolution) to conditionally abandon a portion of an unnamed 40 foot wide road, described and depicted on Exhibit “A’ attached hereto and made a part hereof in the vicinity of Johnson Road and Caldwell Street, which was conveyed to Maricopa County by means of a Subdivision Plat on August 6, 1928 and recorded by the Maricopa County Recorder as Unit Two Roosevelt Citrus Acres recorded in Book 19 of Maps, page 31, and authorize execution of a Quit Claim Deed approved by counsel to the applicant once the conditions have been satisfied. Application to abandon the County roadway has been made by the property owner of the lots abutting the roadway. The objections received during the request for comments are being addressed in the conditions set forth in the Resolution. In addition, the Department of Transportation has determined that the roadway is not needed for a current or future roadway. General Vicinity: Johnson Road and Caldwell Street and known as Assessor parcel 401-19-034 and 401-19-049, Supervisor District 4. (C-64-21-018-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 105. 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-78- 21-004-X-00) Formal Meeting Minutes Wednesday, August 19, 2020 Page 65 of 82 A. D23656 (WJ) Project #: TT0583 – 20th Street (Cloud Rd to Tamar Rd) – Assessor’s Parcel #: 211-69- 055 – Warranty Deed – John Pearce – for the sum of $2,724.00. B. D23656 (WJ) Project #: TT0583 – 20th Street (Cloud Rd to Tamar Rd) – Assessor’s Parcel #: 211-69- 055 – Purchase Agreement – John Pearce. C. D23668 (JR) Project #: TT0583 – 20th Street (Cloud Rd to Tamar Rd) – Assessor’s Parcel #: 211-69- 014C – Warranty Deed – Michelle Mandel – for the sum of $4,060.00. D. D23668 (JR) Project #: TT0583 – 20th Street (Cloud Rd to Tamar Rd) – Assessor’s Parcel #: 211-69- 014C – Purchase Agreement – Michelle Mandel. E. D23669 (WJ) Project #: TT0583 – 20th Street (Cloud Rd to Tamar Rd) – Assessor’s Parcel #: 211-69- 013C – Warranty Deed – Danny Woods – for the sum of $2,220.00. F. D23669 (WJ) Project #: TT0583 – 20th Street (Cloud Rd to Tamar Rd) – Assessor’s Parcel #: 211-69- 013C – Warranty Deed – Danny Woods – for the sum of $2,220.00. Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve 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~ Planning and Development Setting of Hearings - Configuración De Audiencias de Planificación y Desarrollo 106. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the September 2, 2020 Board Meeting: (C-44-21-008-X-00) CPA2019013 – Rose Estates – CPA – Dist. 4 Z2019112 – Rose Estates – ZC with overlay – Dist. 4 Z2020055 – Carroll Chandler Heights Rezone – ZC with overlay – Dist. 1 Z2020051 – Barr Property Chandler Heights Rezone – ZC with overlay – Dist. 1 Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Transportation Setting of Hearings - Configuración De Audiencias de Transportación 107. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0117 Set a hearing for October 21, 2020 for Road File No. PAB-0117 to consider the request to abandon a portion of a Federal Patent Easement Number 1218825 lying in the Southwest quarter of Section 27 – T5N, R4E of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in the general vicinity of 65th Street and Mark Lane and known as Assessor Parcel Number 216-68-098E. Formal Meeting Minutes Wednesday, August 19, 2020 Page 66 of 82 Pursuant to provisions in A.R.S. §11-251.16, Maricopa County Ordinance No. P-34 and Maricopa County Department of Transportation Procedure # P5203, a NOTICE of the hearing by certified mail shall be sent to the applicant and all abutting property owners no less than 60 days prior to the hearing date. Therefore the date set for the hearing shall be the first board meeting no less than 60 days from the date the Board sets the hearing. In addition, a notice shall be posted in the area of the proposed abandonment no less than 60 days prior to the hearing date. Supervisory District No. 2 (C-64-21-016-X-00) Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Environmental Services Setting of Hearings 108. ES-2019-002/REPEAL MCEHC CHAPTER XI, REGULATION 2 - PIGGERIES Pursuant to A.R.S. §36-184(B)(5) and §11-251.05, set a public hearing for September 16, 2020 to solicit comments and consider the adoption of proposed revisions to remove outdated piggery regulations from the Maricopa County Environmental Health Code (MCEHC), (EROP Case ES- 2019-002/Repeal MCEHC Chapter XI, Regulation 2 - Piggeries). (C-88-21-000-X-00) Supervisor Gates stated Piggeries have been discussed in recent Board of Health meetings. Motion to approve by Supervisor Steve Chucri, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board Consent Agenda - Secretaria de la Junta Agenda de Consienta 109. PROPERTY RE-CLASSIFICATION APPEALS - FOR APPROVAL Pursuant to A.R.S. §42-12052, approve the property owners' appeal to re-classify properties, which have satisfied the requirements of occupancy status, and direct the County Assessor to re-classify the properties to class three (owner occupied), pursuant to A.R.S. §42-12003. List kept on file in the Clerk of the Board’s Office in accordance with LAPR retention guidelines. (C- 06-21-019-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 110. PROPERTY RE-CLASSIFICATION APPEAL CASES - FOR DENIAL Pursuant to A.R.S §42-12052, deny the property owners' appeal to re-classify properties, which have not satisfied the requirements of occupancy status, and maintain legal classification at class 4.1 (non-primary residence). List kept on file in the Clerk of the Board’s Office in accordance with LAPR retention guidelines. (C-06-21-100-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 67 of 82 Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 111. TREASURER'S COLLECTIONS AND INVESTMENT SUMMARY FOR JUNE 2020 Pursuant to A.R.S. § 11-501, accept the Treasurer’s Statement of Collections and Investment summary reports for June 2020, as on file in the Clerk of the Board’s office and retained in accordance with Arizona State Library Archives and Public Records (ASLAPR) approved retention schedule. (C-43-21-001-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 112. MAIL BALLOT ELECTION FOR RANCHO GRANDE/LANDERWOOD IWDD NO. 24 Approve a mail ballot election for the Rancho Grande/Landerwood IWDD No. 24 to be conducted in compliance with Section 558, et. seq. of Title 16 of the Arizona Revised Statutes. (Supervisorial District 3) (C-06-21-027-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 113. MAIL BALLOT ELECTION FOR LOS OLIVOS IWDD NO. 1 Approve a mail ballot election for Los Olivos IWDD No. 1 to be conducted in compliance with Sec. 558, et. seq. of Title 16 of the Arizona Revised Statutes. (C-06-21-053-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 114. TAX ABATEMENT 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-43-21-003-X-00) 108-02-057A 2015 $22,078.03 Assessor’s Abatement (Church Tax Exempt) 948-64-261 2015 $10,709.75 Bankruptcy (BK15-10952) 990-17-377 2015 $1,982.22 Bankruptcy (BK15-10952) 990-68-133 2015 $1,870.34 Bankruptcy (BK15-10952) 993-08-991 2015 $14,879.72 Bankruptcy (BK15-10952) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 115. SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY GRANT APPLICATION Approve the grant application to the Salt River Pima-Maricopa Indian Community (SRPMIC) regarding the Homeowner Rehabilitation for Veterans with Disabilities request. The project period is January 1, 2021 through December 31, 2021. The project total is $109,645 and the 12% request is $75,000. Grant funds would provide housing rehabilitation services to Veteran homeowners including accessibility fixture retrofits, handrails, ramp connections or modifications Formal Meeting Minutes Wednesday, August 19, 2020 Page 68 of 82 and other accessibility modifications. The program is administered by the Maricopa County Human Services Department. (C-06-21-055-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 116. 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-06-21-056-X-00) Name Warrant No Amount Dept/School Jessica Reynoso 3700328467 400.00 Higley Unified Donna Carol Olympius 3700215038 1,664.23 Litchfield Elementary Brittany Peters 3700312431 504.51 Litchfield Elementary Megan C Cathey 3700312325 1,574.70 Riverside Elementary Name Warrant No Amount Dept/School Hilary L Palmgren 3700328681 2,550.62 Saddle Mountain Unified Collections USA, Inc. 3700250476 102.77 Roosevelt Elementary Crystal Heustess 3700306241 400.00 Liberty Elementary James Edward Davis 0023007614 60.00 Elections Patricia Anna Vasquez 3700329546 5513.76 Litchfield Elementary Jose Barajas 3700270867 200.00 Aqua Fria Union Alissa Turner 3700296983 56.15 Higley Unified Alejandro Vasquez 3700308856 225.00 Tolleson Elementary Carol Weekly 95684460 75.00 Queen Creek Unified Kimberly Russell 95685488 150.00 Queen Creek Unified Chad Williams 3700274501 114.00 West-MEC Chad Williams 3700207287 120.00 West-MEC Caytlynn Hudson 23016603 505.85 Sheriff Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 117. 2020 ELECTION CANVASS FOR CAHAVA SPRINGS REVITALIZATION DISTRICT Pursuant to A.R.S. §16-642(B), accept the 2020 canvass of elections submitted by Cahava Springs Revitalization District. The canvasses are on file in the Clerk of the Board's Office and retained in accordance with ASLAPR approved retention schedule. (C-06-21-062-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 118. DONATIONS In accordance with County Policy A2508, accept the monthly donation report received from Parks and Recreation for July 2020, for a Cash Value of $1,205.07 and Non-Cash Value of $195.94. (C-06-21-064-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 69 of 82 119. 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 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-06-21-075-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 120. HEAD START MONTHLY REPORT Receive the Head Start reports for May 2020 and June 2020 submitted by the Human Services Department. 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 (C-22-21-020-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 121. 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-06-21- 076-X-00) Name Warrant No Amount Dept/School Madison School Dist. Finance 3010042599 2,500.00 Public Health Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 122. 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: 2020/2021: TX2020-000032 (NH Profit Investments II); 2021: ST2020-000608 (Khyl Powell); (C-19-21-011-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 123. CARES ACT EXPENDITURE APPROVAL Formal Meeting Minutes Wednesday, August 19, 2020 Page 70 of 82 Approve the following uses of CARES Act funding consistent with the Board of Supervisors approved priorities. County Manager - Communications - Audio/Visual equipment replacement for BOS Conference Room and Auditorium estimated at $215,000 Enterprise Technology - IT Infrastructure supporting Emergency Management response systems estimated at $192,000 Facilities - Contact Tracers move and tenant improvements from 301 Administration building to Security building estimated at $266,000 Also approve an adjustment to the allocation of CARES Funds, transferring $24,000,000 from Ongoing Emergency Preparedness and Response to a new category Public Safety under the same umbrella of “Protecting our Residents”. During the fiscal years where CARES Act Corona Relief Funds are available to Maricopa County, consider department budget to actual performance in total where the department’s Stimulus Grant Fund (Fund 200) is over budget. (C-06-21-079-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo BOARD OF SUPERVISORS ADDENDUM - ADÉNDUM DE LA JUNTA DE SUPERVISORES Elections 124. CANCELLATION AND APPOINTMENT FOR SPECIAL DISTRICT ELECTIONS The Arizona Legislature offers an alternate procedure in A.R.S. § 16-410 for electing the governing board members of certain special districts as defined under Title 48. If the total number of persons who file a nomination petition as of 5:00PM on July 6, 2020, or a write in nomination paper as of 5:00PM August 19, 2020, is equal to or less than the number of positions to be filled for each office to be elected at the General Election, the County Board of Supervisors is authorized to cancel the election. The Board of Supervisors is also authorized to appoint those persons who filed a nomination petition or write in nomination paper to serve as a governing board member for the respective terms in those qualifying district where the election is cancelled pursuant to this statute. A person who is appointed pursuant to this section is fully vested with the powers and duties of the offices as if elected to that office. Therefore, pursuant to those statutes, cancel the November 3, 2020, elections for governing board member positions that meet the statutory criteria as outlined above by 5:01PM on August 19, 2020, and appoint those candidates to serve the specified terms as governing board members. Also, declare vacant those positions where no nomination petitions for a candidate and no nominations for a write-in candidate have been filed by the respective deadlines to fill the position for which the election is being held. Such position shall be filled in accordance with laws governing the filling of those vacancies. Several special districts in Maricopa County are currently qualified for this action, as reflected on the 2020 List of Special Districts Qualifying for Alternate Election Procedures including the qualifying candidates’ names and positions, which is attached here, is on file with the Clerk of Formal Meeting Minutes Wednesday, August 19, 2020 Page 71 of 82 the Board of Supervisors, and is retained in accordance with ASLAPR approved retention schedules. The Director of Election Day and Emergency Voting will verify that no additional write in nomination papers were filed by 5:00PM on August 19, 2020, with the Clerk of the Board’s Office on August 21, 2020. This statement will be filed of record with the approved cancellation list. Should a verified write in candidate or candidates file the necessary paperwork prior to 5:00pm on August 19, 2020, which then disqualifies the cancellation of the election for the effected district, the Director of Election Day and Emergency Voting shall so notify the Clerk, and that election shall be stricken from the list and the election will not be cancelled. (C-21-21-001- X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Steve Chucri Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo School Superintendent 125. SCHOOL DISTRICT GOVERNING BOARD ELECTION CANCELLATIONS Pursuant to A.R.S. § 15-424, if the total number of persons who file a nomination petition as of 5:00PM on July 6, 2020, or a write-in nomination paper as of 5:00PM August 19, 2020, is equal to or less than the number of positions to be filled for each district office to be elected at the General Election, the County Board of Supervisors is authorized to cancel the election for that position. The Board of Supervisors is also authorized by the same statute to appoint those persons who filed a nomination petition or write-in nomination paper to serve as a governing board member for the respective terms in those districts where the election is cancelled pursuant to this statute. If the total number of candidates who filed a nomination petition or write-in nomination paper is less than the number of open positions, the office is deemed vacant. A.R.S. § 15-424(D). The Superintendent of Schools is authorized by A.R.S. § 15-302 to fill the vacancy by appointment. A person who is appointed pursuant to A.R.S. § 15-302 or § 15-424 is fully vested with the powers and duties of the offices as if elected to that office. Therefore, pursuant to A.R.S. § 15-424(D), cancel the November 3, 2020, elections for the attached list of governing board positions which meet the statutory criteria as outlined above as of 5:01PM on August 19, 2020, and appoint those candidates who filed nomination petitions or write-in nomination papers to serve the specified terms as governing board members. Also, declare vacant those positions on the attached list where the total number of candidates who filed a nomination petition or write-in nomination paper is less than the number of open positions, and allow the Maricopa County Superintendent of Schools to appoint the persons to fill those offices in accordance with A.R.S. § 15-302(A). The Superintendent of Schools will send a letter on August 21, 2020 to verify that no additional write in nomination papers were filed by 5:00PM on August 19, 2020, and no subsequent court decisions have been filed which alter the attached list with the Clerk of the Board’s Office. This statement will be filed of record with the approved cancellation list. Should a verified write in candidate or candidates file the necessary paperwork prior to 5:00PM on August 19, 2020, or a court decision is filed which then disqualifies the cancellation of the election for the effected district, the Superintendent of Schools shall so notify the Clerk, and that election shall be stricken from the list and the election will not be cancelled. (C-37-21-003-X-00) Formal Meeting Minutes Wednesday, August 19, 2020 Page 72 of 82 The Clerk informed the Board that due to a last-minute write-in candidate for the Roosevelt Elementary School District, that District has been removed from the list of cancellations. The “Recommended Cancellations” document attached to the agenda reflects this change. Motion to approve as amended per the Clerk’s announcement, by Supervisor Steve Gallardo, seconded by Supervisor Steve Chucri Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Sheriff 126. RESOLUTION DESIGNATION OF APPLICANT'S AGENT Adopt a resolution regarding the Arizona Division of Emergency Management (AZDEM) Designation of Applicant's Agent to be signed by the Chairman of the Board of Supervisors and the Clerk of the Board. This resolution will allow the designated applicant's agent, the MCSO Chief Financial Officer, to execute and file with the appropriate authorities any applications necessary for the Maricopa County Sheriff's Office to receive Public Assistance Until Further Notice under the Disaster Relief Act or otherwise available from the disaster relief fund. (C-50- 21-015-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Steve Chucri Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo County Attorney 127. FEDERAL EQUITABLE SHARING AGREEMENT - COUNTY ATTORNEY Approve the FY 2020-21 Federal Equitable Sharing Agreement and FY 2020 Annual Certification Report between the Maricopa County Attorney's Office (agency) and the U. S. Department of the Treasury and the U. S. Department of Justice. This report accounts for federal equitable sharing funds received from the U. S. Department of the Treasury or the U. S. Department of Justice. The term of this agreement commences September 1, 2020 and expires August 31, 2021. Authorize the Chairman of the Board of Supervisors to sign all documents related to this certification report and agreement. (C-19-21-005-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Steve Chucri Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Board of Supervisors 128. AMENDMENT TO MARICOPA COUNTY 2020 TAX LEVY PACKET Approve an amendment to the "Maricopa County 2020 Tax Levy" packet approved by the Board of Supervisors by resolution on August 17, 2020, under C-49-21-001-X-00. This amendment will add the secondary tax levy, acreage and tax rate for the College Park West No. 68 Irrigation Water Delivery District #16668 and add the District to the list in Schedule E, Page 7. The tax levy packet will be amended as follows: DIST #: 16668 DISTRICT: College Park West IWDD 2020 PROPERTY TAX LEVY: 3,180 2020 ACREAGE: 32.22 2020 TAX RATE: 98.70 Formal Meeting Minutes Wednesday, August 19, 2020 Page 73 of 82 In addition, direct the County Treasurer to make corresponding changes in the affected tax bills. (C-49-21-001-X-00) Motion to approve by Supervisor Steve Gallardo, seconded by Supervisor Steve Chucri Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo MEETING RECESSED Chairman Hickman recessed the Board of Supervisors to convene as the Board of Directors of various special districts. MEETING RECONVENED Chairman Hickman reconvened the Board of Supervisors. CALL TO THE PUBLIC - LLAMADO AL PUBLICO 140. Public comment on matters pertaining to Maricopa County government. Please limit comments to two minutes. Note that pursuant to Arizona Open Meeting Law, Board members may not discuss matters raised under this public comment portion of the meeting; however, an individual Board member may respond to criticism made by those who have addressed the Board, ask staff to review an issue raised or may ask that the matter be placed on a future agenda. (Public comment is at the discretion of the Chairman.) For meetings held by webinar or similar programs: written comments will be summarized at the meeting noting the topic or topics. All written comments will be forwarded to each Board Office for their review. 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.) Para juntas llevadas a cabo por medio de webinar o programas similares: comentarios por escrito serán resumidos durante la junta anotando el o los temas. Todo comentario por escrito será enviado a cada Oficina de Supervisores para su revisión. Chairman Hickman asked the Clerk if there were any Public Comments. The Clerk summarized the comments by subject: One comment voicing opposition to having an invocation at the Board meetings. Five comments in opposition to the Falcon case, which was approved at the meeting on July 22, 2020. Two comments regarding Animal Care and Control: one on the rescue issues in Laveen and the other regarding euthanasia at Animal Care and Control. Two comments in opposition to the mask requirement and asking when it will be lifted. The Clerk said all comments would be shared with the Board offices. SUMMARY OF CURRENT EVENTS - EL RESUMEN DE TEMAS DE ACTUALIDAD Formal Meeting Minutes Wednesday, August 19, 2020 Page 74 of 82 141. Supervisors'/County Manager's summary of current events - Resumen de temas de actualidad de los Supervisores/Administrador del Condado Joy Rich spoke about retiring Cindy Kolaczynski and thanked her for all her leadership and commitment to Maricopa County. She said Ms. Kolaczynski created a culture and a team that was completely aligned with her vision which will live beyond her tenure. Appointing Jeremy Reeder as her successor is the epitome of what succession planning is and frankly the sign of a great leader. Supervisor Sellers said he attended the Intel Community Advisory Panel meeting to get updates on this major employer in District 1. He also gave an update to the American Council of Engineering Companies, Arizona branch on critical regional and state infrastructure projects including the Broadway Curve project starting next near that will be very disruptive to our region. Supervisor Sellers said he attended a Rittenhouse Road Bridge ribbon cutting along with Mayor Barney and commented on the number of projects that the County is working on in partnership with Queen Creek to help relieve some of the congestion related to the rapid growth that stretches into Pinal County. He spoke about attending and participating in the Bridge Forum “Time for Change” series which focused on discussion of real issues related to social inequities and potential solutions. The people on the panels gave very diverse opinions and the emphasis is on discussing the issues of rather than arguing. Supervisor Gallardo thanked the County Health Department that has done so much for all citizens but especially not forgetting Gila Bend, a small rural community that faces so many challenges. He talked about the local newspaper, Gila Bend Sun Weekly. This small publication covers everything that our County Health Department is recommending and helps to keep the 2000 citizens that live in Gila Bend informed. He stated we cannot forget about small rural areas. Chairman Hickman stated Supervisor Gallardo has done a great job representing the small town of Gila Bend in the schools and the public library as well as the Health Department recommendations. Supervisor Gates thanked the Department of Public Health and the incredible work the department has been doing. He said Dr. Sunenshine and Director Marcy Flanagan joined him recently at a Tele- Town-Hall meeting with the residents of District 3. There were great questions pertaining to COVID- 19. Supervisor Gates spoke about an upcoming event, the North 32nd Street community meeting which would be live streamed on North 32nd Street Facebook page. The focus of the meeting is the revitalization efforts that have been ongoing. He said he has been involved with this for many years and he is looking forward to hearing from the folks and what they would like to see in the future. Supervisor Chucri said there are so many issues going on simultaneously in our County and is in agreement with his colleagues’ statements: Ms. Rich’s comments on the Library District transition of leadership and succession planning. Supervisor Gallardo and the important role Public Health has played in Gila Bend. Supervisor Gates and his comments about Public Health and the great work they are doing. Supervisor Sellers and his experience with the Bridge Forum and social inequities. These are examples of the multifaceted issues that Maricopa County, our state and our nation faces. Supervisor Chucri said these are all important subjects and he is glad to be part of a team that is all “rowing in the same direction” to get through to the other side of these difficult times and grow and prosper. Chairman Hickman concurred with Supervisor Chucri’s comments. He gave Ms. Rich specific recognition for the work she has done as County Manager and the leadership of her team. The teams that have been working so hard this past year are all individual people working together for a common purpose. Chairman Hickman acknowledged and welcomed Dr. Robyn Jaynes, the new Director of Animal Care and Control (ACC). He said ACC has had some turbulent times and offered the support of the Board to assist in her success as she builds her team. Chairman Hickman concluded by saying Formal Meeting Minutes Wednesday, August 19, 2020 Page 75 of 82 he looks forward to having his colleagues up on video during the meetings so he can see they are “dressed in ties for formal meetings.” MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Clint Hickman, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board FLOOD CONTROL DISTRICT AGENDA – AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES The Board of Directors for the Flood Control District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, August 19, 2020, in the Supervisors’ Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Jack Sellers, Vice Chairman, District 1; Steve Chucri, Director, District 2 (telephonically); Bill Gates, Director, District 3 (telephonically); Steve Gallardo, Director, District 5. Also present: Fran McCarroll, Clerk; Joy Rich, County Manager; Kelly Gardiner, Minutes Coordinator; Andrea Cummings, Legal Counsel (telephonically). 129. PERSONNEL AGENDA FOR THE FLOOD CONTROL DISTRICT (12/30/2019 TO 06/28/2020) Approve the Maricopa County Flood Control District Personnel Agenda for the period of 12/30/2019 to 06/28/2020 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-31-21-001- X-00) Motion to approve by Director Jack Sellers, seconded by Director Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 130. AMENDMENT TO IGA WITH CITY OF PHOENIX FOR 27TH AVENUE AND OLNEY AVENUE DRAINAGE IMPROVEMENTS PROJECT Approve Amendment No.2 (Intergovernmental Agreement (IGA) FCD 2018A011B) to IGA 2018A011 (C-69-19-003-3-00) for 27th Avenue and Olney Avenue Drainage Improvements Project (PROJECT), between the City of Phoenix (CITY) and the Flood Control District of Maricopa County (DISTRICT). This Amendment No.2 shall become effective when executed by all parties. Due to the urgency of implementing the basin construction portion of this PROJECT prior to the start of the 2019 monsoon season, the original IGA was amended (Amendment 1) so the CITY can undertake the construction of the three drainage basins on 23rd Avenue ahead of the proposed 72-inch storm drain construction. Formal Meeting Minutes Wednesday, August 19, 2020 Page 76 of 82 Initially, the IGA had the DISTRICT perform acquisition of all necessary rights-of-way for the PROJECT within CITY jurisdiction. The PROJECT PARTNERS agree further through this (Amendment 2) to restore the original rights-of-way acquisition responsibilities between the CITY and the DISTRICT that were set out in IGA 2018A011 to the CITY, and also include the final Durango Regional Conveyance Channel project credit of $2,559,207.32. This agenda item impacts Supervisorial District 5. (C-69-19-003-3-02) Motion to approve by Director Jack Sellers, seconded by Director Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 131. REDUCTION OF FLEET FOR FLOOD CONTROL DISTRICT Approve a reduction to the fleet and direct Equipment Services to dispose of two (2) vehicles assigned to the Flood Control District. All proceeds from the disposal of the vehicles will be posted to the Flood Control Fund (Fund 991). The two vehicles are: 2009 Ford Expedition, Equipment Number 31901 2006 Ford F150 Truck, Equipment Number 31805 The District continually reviews fleet usage and adjust equipment and vehicles to optimize business needs. These vehicles are no longer required to meet the mission of the District. This action will result in a net decrease to the county fleet by two (2) vehicles. (C-69-21-014-X-00) Motion to approve by Director Jack Sellers, seconded by Director Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 132. IGA WITH THE CITY OF TEMPE FOR THE WATSON DRIVE AND BONARDEN LANE PROJECT Approve Intergovernmental Agreement (IGA) FCD 2020A003 for the Watson Drive and Bonarden Lane Project between the City of Tempe (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $951,340. The District’s estimated share of the Project cost is $500,000 and is limited to $500,000; the City’s estimated share of the Project cost is $451,340. The City will operate and maintain the completed Project. This Agreement shall become effective as of the date it has been executed by all PROJECT PARTNERS and shall expire three years from that date, or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2021/22. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003A (C-69-09-062-6-01). The Project will reduce the flood hazard to several properties that have experienced historic flooding. This Agenda Item impacts Supervisorial District 1. (C-69-21-013-X-00) Motion to approve by Director Jack Sellers, seconded by Director Bill Gates Formal Meeting Minutes Wednesday, August 19, 2020 Page 77 of 82 Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 133. IGA WITH THE TOWN OF WICKENBURG FOR THE POWDER HOUSE DRAINAGE IMPROVEMENTS PROJECT Approve Intergovernmental Agreement (IGA) FCD 2020A019 for the Powder House Drainage Improvements Project between the Town of Wickenburg (Town) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $2,600,000. The District’s estimated share of the Project cost is $500,000 and is limited to $500,000; the Town’s estimated share of the Project cost is $2,100,000. The Town will operate and maintain the completed Project. This Agreement shall become effective as of the date it has been executed by all PROJECT PARTNERS and shall expire two years from that date, or upon Project completion, whichever occurs first. The Town proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2021. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003A (C-69-09-062-6-01). The Project will reduce the flood hazard to several structures in the vicinity that have experienced historic flooding. This Agenda Item impacts Supervisorial District 4. (C-69-21-012-X-00) Motion to approve by Director Jack Sellers, seconded by Director Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 134. IGA WITH THE CITY OF GLENDALE FOR THE ROYAL SHADOWS DRAINAGE IMPROVEMENTS PROJECT Approve Intergovernmental Agreement (IGA) FCD 2020A009 for the Royal Shadows Drainage Improvements Project between the City of Glendale (City) and the Flood Control District of Maricopa County (District). The estimated total Project cost is $200,000. The District’s estimated share of the Project cost is $150,000 and is limited to $500,000; the City’s estimated share of the Project cost is $50,000. The City will operate and maintain the completed Project. This Agreement shall become effective as of the date it has been executed by all PROJECT PARTNERS and shall expire two years from that date, or upon Project completion, whichever occurs first. The City proposed the Project for the District’s evaluation under the District’s Small Project Assistance Program for Fiscal Year 2021. This IGA is proposed in accordance with the terms of the Small Project Assistance Program, adopted by the Board under Resolution FCD 2009R003A (C-69-09-062-6-01). The Project will reduce the flood hazard to several residential structures in the vicinity that have experienced historic flooding. This Agenda Item impacts Supervisorial District 4. (C-69-21-005- X-00) Motion to approve by Director Jack Sellers, seconded by Director Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 135. ON-CALL SERVICES CONTRACT FOR ADOBE DAM/DESERT HILLS/APACHE WASH AREA DRAINAGE MASTER PLAN Award Contract FCD 2020C005 On-Call Services for the Adobe Dam/Desert Hills/Apache Wash Area Drainage Master Plan to Kimley-Horn and Associates, Inc. to provide professional engineering services. The contract will be effective for 730 calendar days from the date of Formal Meeting Minutes Wednesday, August 19, 2020 Page 78 of 82 execution or the expenditure of $800,000.00 whichever comes first. The Flood Control District of Maricopa Country (District) and Kimley-Horn & Associates, Inc. will mutually agree to a detailed scope of work for each work assignment. This is a qualifications-based selection in accordance with the Maricopa County Procurement Code, Article 5, Paragraph 504 and Article 5 Procurement Procedures Manual, Chapter II – Section 2 The Adobe Dam/Desert Hills/Apache Wash Area Drainage Master Study/Plan (ADDHAW ADMS/P) will identify and quantify the flood hazards and risks in a 165-square mile portion in northern Maricopa County The ADDHAW ADMS/P includes part of two watersheds, and is located primarily in the City of Phoenix, unincorporated Maricopa County, and a small area within the City of Glendale and Town of Cave Creek. These watersheds have been studied before however there has been significant growth and development since the original studies were completed in the early and mid-2000s. This Agenda Item impacts Supervisor Districts 2, 3, & 4. (C-69-21-006-X-00) Motion to approve by Director Jack Sellers, seconded by Director Bill Gates Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Clint Hickman, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, August 19, 2020 Page 79 of 82 Formal Meeting Minutes Wednesday, August 19, 2020 Page 80 of 82 LIBRARY DISTRICT AGENDA - AGENDA DEL DISTRITO DE BIBLIOTECA The Board of Directors for the Library District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, August 19, 2020, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Jack Sellers, Vice Chairman, District 1; Steve Chucri, Director, District 2 (telephonically); Bill Gates, Director, District 3 (telephonically); Steve Gallardo, Director, District 5. Also present: Fran McCarroll, Clerk; Joy Rich, County Manager; Kelly Gardiner, Minutes Coordinator; Andrea Cummings, Legal Counsel (telephonically). 136. PERSONNEL AGENDA FOR THE LIBRARY DISTRICT (12/30/2019 TO 06/28/2020) Approve the Maricopa County Library District Personnel Agenda for the period of 12/30/2019 to 06/28/2020 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-31-21-001-X-00) Motion to approve by Director Steve Chucri, seconded by Director Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Note: Agenda item # 137 was taken out of order and heard before agenda item #6 on the Board of Supervisors’ agenda. Comments and action copied here in order to include this action in the Library District minutes. 137. APPOINTMENT OF NEW MARICOPA COUNTY LIBRARY DISTRICT DIRECTOR Appoint Jeremy Reeder as the Maricopa County Library District Director effective September 2, 2020. Pursuant to A.R.S. 11-906 and 11-908, once appointed as Director, Mr. Reeder will apply for certification as the County Librarian to the State Board of Library Examiners. (C-06-21-075- X-00) Chairman Hickman stated that Mr. Reeder has partnered with Cindy Kolaczynski for the last nine years as the Deputy Director for the Maricopa County Library District. Prior to his position as Deputy Director, Mr. Reeder had 20 years of professional experience as a Librarian including executive level management experience. He started with Maricopa County in 2004 and participated in the planning, design and remodel of 11 library branches. During that time, he developed a collaborative relationship with the communities served. He has given presentations at the American Library Association, Public Library Association and statewide at the Arizona Library Association. Mr. Reeder will start in this new position on September 2, 2020. Motion to approve by Director Jack Sellers, seconded by Director Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo Formal Meeting Minutes Wednesday, August 19, 2020 Page 81 of 82 MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Clint Hickman, Chairman of the Board ATTEST: ____________________________ Fran McCarroll, Clerk of the Board Formal Meeting Minutes Wednesday, August 19, 2020 Page 82 of 82 STADIUM DISTRICT AGENDA - AGENDA DEL DISTRITO DE ESTADIO The Board of Directors for the Stadium District of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, August 19, 2020, in the Supervisors' Auditorium, 205 W. Jefferson Phoenix, AZ 85003, with the following members present: Clint Hickman, Chairman, District 4; Jack Sellers, Vice Chairman, District 1; Steve Chucri, Director, District 2 (telephonically); Bill Gates, Director, District 3 (telephonically); Steve Gallardo, Director, District 5. Also present: Fran McCarroll, Official Record Keeper; Joy Rich, County Manager; Kelly Gardiner, Minutes Coordinator; Andrea Cummings, Legal Counsel (telephonically). 138. STADIUM DISTRICT ANNUAL AUDIT Approve the Clifton Larson Allen LLP, June 30, 2020, Stadium District annual financial statement audit engagement letter. Pursuant to ARS 48-4231(D), County Stadium District Fund, the Board of Directors shall cause an annual audit to be conducted of the fund by an independent Certified Public Accountant. The Department of Finance will facilitate the Stadium District financial statement audit. (C-18-21-005-X-00) Motion to approve by Director Steve Gallardo, seconded by Director Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo 139. RECEIVE QUARTERLY REPORTS FROM AZPB LIMITED PARTNERSHIP Pursuant to paragraph 13 of the Binding MOU between the Maricopa County Stadium district and AZPB Limited Partnership, receive the quarterly reports from AZPB Limited Partnership regarding disbursements from the Chase Field Reserve Account covering the four periods of July 1, 2019, to September 30, 2019; October 1, 2019 to December 31, 2019; January 1, 2020 to March 31, 2020; and April 1, 2020 to June 30, 2020. (C-06-21-063-X-00) Motion to approve by Director Steve Gallardo, seconded by Director Jack Sellers Ayes: Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, Steve Gallardo MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Clint Hickman, Chairman of the Board ATTEST: _______________________________ Fran McCarroll, Official Record Keeper