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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 Thomas Galvin, District 2 Bill Gates, District 3 Steve Gallardo, District 5 County Manager Jen Pokorski Clerk of the Board Juanita Garza 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 and/or Board of Deposit) Table of Contents Board Page Board of Supervisors 1 Improvement District No Meeting Flood Control District 48 Library District No Meeting Stadium District No Meeting Board of Deposit No Meeting Wednesday, September 27, 2023 9:30 AM Formal Meeting Minutes 09/27/2023 Page 2 of 50 BOARD OF SUPERVISORS - JUNTA DE SUPERVISORES Chairman Hickman opened the meeting and asked the Clerk to call roll. 1. ROLL CALL - LISTA The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Formal Session at 9:30 AM on Wednesday, September 27, 2023, 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; Thomas Galvin, Supervisor, District 2 (remote); Bill Gates, Supervisor, District 3 (remote); Steve Gallardo, Supervisor, District 5 (remote). Also present: Juanita Garza, Clerk; Mia Vargas, Minutes Coordinator; Jen Pokorski, County Manager; Andrea Cummings, Legal Counsel. 2. INVOCATION - INVOCACIÓN Chairman Hickman asked Supervisor Gates to introduce his guest who would offer the invocation and lead the pledge. Supervisor Gates introduced his guest Angel Juarez, and gave a brief background of Mr. Juarez, a veteran of the U.S Army and thanked him for his service. Mr. Juarez is a life member of the American Legion, does a lot for the community especially for the youth, and is the Chaplain Emeritus of the American Legion Post 41 in downtown Phoenix. Mr. Juarez offered the invocation. 3. PLEDGE OF ALLEGIANCE - JURO FIDELIDAD A LA BANDERA Mr. Juarez led the Pledge of Allegiance to the flag. Mr. Juarez thanked the Board. Supervisor Gates thanked Mr. Juarez for the prayer and for all his work in the community. 4. PET SHOWCASE BY MARICOPA COUNTY ANIMAL CARE AND CONTROL - PRESENTACIÓN DE ANIMALES DOMESTICOS POR EL DEPARTAMENTO DE CONTROL Y CUIDADO DE ANIMALES Kim Powell with Maricopa County Animal Care and Control introduced Lock, who is six years old and has been at the shelter since September 4th. Lock is potty trained, mellow, and walks great on leash. His adoption fee is waived thanks to the Bissell Pet Foundation, Empty the Shelter event and he is ready to go home today. For more information visit Pets.maricopa.gov Chairman Hickman asked the Clerk if there were any announcements or corrections to the agenda. The Clerk reported that item 40 was withdrawn. Chairman Hickman made comments on public speaking guidelines. 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 5. LIQUOR LICENSE APPLICATIONS - APLICACIONES DE LICENCIA DE LICOR Formal Meeting Minutes 09/27/2023 Page 3 of 50 This is the time 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 license. a. LOCATION TRANSFER FOR CIRCLE K STORE #1130 Pursuant to A.R.S. § 4-203, approve an application filed by Maria Danielle Burgess for a Location Transfer of a Series 09 Liquor License for a licensed premises, for the purpose of alcohol sales and licensing for Circle K Store #1130 from 1440 West Bell Road, Phoenix, Arizona 85023 to 11450 West Southern Avenue, Tolleson, Arizona 85353. (AZ 252787) (Supervisorial District 5) (C-06-24-075-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo b. ACQUISITION OF CONTROL FOR CORTE BELLA GOLF CLUB Pursuant to A.R.S. § 4-203(F), approve a liquor license application filed by Mark Wayne Hoesing for an Acquisition of Control for the Corte Bella Golf Club at 22129 North Mission Drive, Sun City West, Arizona 85375. (AZ #252633) (Supervisorial District #4) (C-06-24-077-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo c. NEW LICENSE FOR FAMILY DOLLAR STORE #30741 Pursuant to A.R.S. § 4-201, approve an application filed by Anita Martinez for a New Series 10 Liquor License for Family Dollar Store # 30741 at 50518 North Eagle View Drive, Aguila, Arizona 85320. AZ #250135 (Supervisorial District 4). (C-06-24-103-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Transportation Statutory Hearings - Audiencias Legales de Transportación 6. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0234 Convene a hearing for Road File No. PAB-0234 to consider the request to abandon a portion of a Federal Patent Easement Number 1144761, lying in the Southeast quarter of Section 06 – T4N, R3E, of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in the general vicinity of 13th Avenue and Avenida Del Ray and known as Assessor Parcel Number 210-09-006B. Notice conditions and the request for comment requirements have been met. Supervisory District No. 3 In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (C-64-24-002-X-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Formal Meeting Minutes 09/27/2023 Page 4 of 50 7. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0228 Convene a hearing for Road File No. PAB-0228 to consider the request to abandon a portion of a Federal Patent Easement Number 1201751 lying in the Northwest quarter of Section 6 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in the general vicinity of 112th Avenue and Tether Trail and known as Assessor Parcel Number 201-21-015C. Notice conditions and the request for comment requirements have been met. Supervisory District 4 In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (C-64-24-003-X-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo COUNTY OFFICERS - OFICIALES DE CONDADO Board of Supervisors - Junta de Supervisores 8. REAPPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Approve the reappointment of Tony Gutowski to the Community Development Advisory Committee, representing Supervisorial District 3. The term of service will be as of Board approval through June 30, 2025. (C-06-24-167-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 9. RESIGNATION FROM THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Accept the resignation of Jacki Taylor from the Community Development Advisory Committee, representing Supervisorial District 1. The resignation is effective as of September 8, 2023. (C-06-24-173-X-00) Vice Chairman Sellers thanked Jacki Taylor for serving on the Community Development Advisory Committee since 2014. Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 10. RESIGNATION AND APPOINTMENT TO THE PLANNING AND ZONING COMMISSION Accept the resignation of Thomas (T.J.) Mitchell from the Planning and Zoning Commission, representing Supervisorial District 3. The resignation is effective as of September 27, 2023. Approve the appointment of Lily Landolt to the Planning and Zoning Commission, representing Supervisorial District 3. The term of service will be as of Board approval through December 31, 2026, completing the term of former Commissioner Thomas (T.J.) Mitchell. (C-06-24-202-X-00) Heather Zoellner, resident, spoke in opposition. She read prepared comments regarding Ms. Landolt that dealt with parking and transportation. Formal Meeting Minutes 09/27/2023 Page 5 of 50 Louann Savolt, resident, spoke in opposition. She echoed Ms. Zoellner’s comments. Merissa Hamilton, resident, spoke in opposition. She had concerns of insufficient documentation on the agenda item to see the views for Ms. Landolt. She talked about transportation freedom. Jeff Caldwell, resident, spoke in opposition. He had concerns with the appointee, implementing policies in the zoning regulations to reduce parking. Motion to approve by Supervisor Bill Gates, seconded by Supervisor Steve Gallardo Supervisor Gates thanked former Commissioner Thomas (T.J.) Mitchell for his service and welcomed him in his new position as District 3 Chief of Staff. Supervisor Gates commented on appointee Lily Landolt, saying that she is highly qualified to serve on this commission. Supervisor Gates noted these are advisory committees and the Board makes the final decisions. Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Clerk of the Board - Secretaria de la Junta 11. UNDERGROUND CONVERSION SERVICE AREA EXETER BOULEVARD 64TH ST – 66TH ST CONVERSION DISTRICT Acknowledge receipt of Verified Statement of Costs for the Exeter Boulevard 64th St – 66th St Underground Conversion Service Area and, pursuant to A.R.S. §40-350(A), statements of the underground conversion costs shall be mailed to the property owners setting a payment period of fifteen (15) years at an interest rate of 8% per annum on any unpaid amount. (Supervisory District No. 2). (C-06-22-669-X-02) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo County Attorney - Procurador del Condado 12. FY24 VICTIMS' RIGHTS GRANT FUNDING FROM ARIZONA ATTORNEY GENERAL Approve receipt of FY 2023-2024 grant funds from the State of Arizona, Office of the Attorney General, in the amount of $339,400.00. These grant funds will support mandated functions by covering 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, on July 1, 2023, and terminates on June 30, 2024. 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 FY2024 composite indirect cost rate is 20.20%, or $68,558.80 The recoverable indirect cost of administering this grant is $0; the non-recoverable indirect cost is $68,558.80. Nonrecoverable indirect costs will be covered by the department's general fund budget. This grant is non-competitive and does not require a match. The grant award does not require ongoing cash contributions after the grant period end date. Formal Meeting Minutes 09/27/2023 Page 6 of 50 Authorize the Chairman of the Board of Supervisors, or designee, to sign all documents related to this 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 $339,400.00. 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 22/23 in the amount of $296,600. (C-19-24-039-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 13. OFFICIAL APPOINTMENTS AND OATHS OF OFFICE Pursuant to A.R.S.§11-409 and A.R.S.§11-403, approve the official appointment of the following deputies, special deputies, and assistants of the Maricopa County Attorney. August 1, 2023 Ethan Rokke Rule 39 August 7, 2023 Kathy Lemke Deputy County Attorney August 21, 2023 Mayra Galindo Deputy County Attorney Nicholas Herr-Kostic Deputy County Attorney Sarah Lundstedt Deputy County Attorney August 22, 2023 Ilya Keselbrener Rule 39 August 23, 2023 Christopher Giles Rule 39 September 1, 2023 Krista Wood Special Deputy County Attorney (C-19-24-040-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Sheriff - Alguacil 14. ACCEPTANCE OF FFY 2022 STATE CRIMINAL ALIEN ASSISTANCE (SCAAP) FUNDING Approve acceptance of $651,738 FY2022 reimbursement funding from the Bureau of Justice Assistance, State Criminal Alien Assistance Program (SCAAP). The corresponding application was approved by the Board of Supervisors (Agenda C-50-23-112-X-00), on January 11, 2023. Formal Meeting Minutes 09/27/2023 Page 7 of 50 This has been a reoccurring grant to the County for over 20 years and there is no cash or in- kind matching requirement. Indirect costs are not applicable or recoverable since the reimbursement formula calculation only allows for staff whose primary responsibility is the care, custody, or supervision of persons detained (pre-trial detention) and incarcerated (convicted and sentenced) inmates. This funding is not competitive. There are no future or ongoing contributions required. This grant reimburses a portion of the costs for a mandated requirement--incarcerating undocumented criminal aliens who are convicted of felony offenses. The Bureau of Justice Assistance allows these funds to be used for corrections purposes only. The specific planned use, as designated by the County Budget Office, will be Technology–Offender Management Software to be stated in the electronic request to drawdown the funds. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditures of these revenues are not prohibited by the budget law. (C-50-23-112-X-01) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 15. AGREEMENT WITH THE OFFICE OF JUSTICE PROGRAMS BUREAU OF JUSTICE ASSISTANCE, BYRNE DISCRETIONARY FUNDING – RAPID DNA ENHANCEMENT PROJECT - FY2023 AND COMPETITION IMPRACTICABLE WITH LIFE TECHNOLOGIES Approve the acceptance of grant funds to the Sheriff’s Office from the Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA), Rapid DNA Enhancement Project (50RAPIDHIT) Agreement Number 15PBJA-23-GG-00066-BRND in the amount of $600,000 for the award period beginning July 1, 2023, and terminating on June 30, 2024. This is the first time this funding has been awarded to the Sheriff’s Office. There is no match requirement. The Sheriff’s Office indirect cost rate for FY24 is 16.72%, applicable to the award amount of $600,000 less capital expenses of $304,964, for an indirect cost base of $295,036 and indirect costs of $49,330 which will be absorbed by the General Fund. There are no future or ongoing contributions required after the grant period ends; however, property (items) purchased with these funds must remain available to the unit for the duration of its existence and/or the useful life of the item. This is not a mandated function although it supports the MCSO public safety mandate by providing new DNA ID systems, producing trusted, lab-quality forensic DNA profiles in a short period of time, which could be used for investigative leads before crime scene processing is complete and/or initiate criminal investigations. This is a competitive award. The application was open to 43 states, Puerto Rico, and the Virgin Islands for the purposes of improving the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime. This is reimbursement funding that will be used to purchase non- capital and capital equipment. Life Technologies has been identified as the supplying vendor. Life Technologies is the only vendor used by the State of Arizona who supports the RAPIDHIT program; a program already being utilized by MCSO. Reagents and warranty for the instruments are only available through Life Technologies. The RAPIDHIT ID system was specifically identified in the grant application. Formal Meeting Minutes 09/27/2023 Page 8 of 50 These revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditures of these revenues are not prohibited by the budget law. Also approve a three-year competition impracticable with Life Technologies in the amount of $675,000; $600,000 from the Office of Justice Programs, Bureau of Justice Assistance and $75,000 from General fund, for the purchase of RapidHIT ID instruments, extended warranties and consumables. (C-50-24-044-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 16. DONATION TO SHERIFF’S OFFICE Accept the individual cash donations to the Sheriff's Office and designated for the MASH Unit in the amount of $403.68 from the Valley of the Sun United Way and $250 from Judith Collins. These donations will be used in MASH, the Maricopa County Sheriff’s Animal Safe Haven, where evidentiary animals seized in criminal animal abuse cases are housed and cared for. (C-50-24-042-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Treasurer - Tesorero 17. REPURCHASE AGREEMENT CONTRACT Request approval for the master repurchase agreement contract and additional agreements between Northern Trust Corporation (sponsoring member), Maricopa County (sponsored member), and the Federal Income Clearing Corporation. The Treasurer’s Office would like to invest in repurchase agreements with a short-term duration (estimated one to ten business days). Repurchase agreements are investments that will diversify the current short-term investment portfolio and provide a better short-term yield. Repurchase agreements are collateralized by United States Treasuries at 102%, which limits the investment risk. The Treasurer’s Office currently has a repurchase agreement with Daiwa Capital Markets America, Inc (C-43-23-063-X-00). (C-43-24-028-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo COUNTY MANAGEMENT - ADMINISTRADORES DEL CONDADO Assistant County Manager - Sub Directora de Condado - Lee Ann Bohn 18. MARICOPA COUNTY WORKFORCE DEVELOPMENT BOARD MEMBER TERMINATION Approval for the following actions regarding the Maricopa County Workforce Development Board (MCWDB) as set forth below: Formal Meeting Minutes 09/27/2023 Page 9 of 50 1. Accept the termination of Steve Navis (Workforce Outreach Manager, Arizona Builders Alliance) in the Workforce category of the Maricopa County Workforce Development Board due to lack of attendance per the MCWDB Bylaws. The MCWDB is established and receives its authority in accordance with the Workforce Innovation and Opportunity Act (WIOA), which was signed into law on July 22, 2014 as Public Law 113-128. The Maricopa County Board of Supervisors (BOS) shall have final authority. The Maricopa County Board of Supervisors approves the appointments, and reappointments and accepts the resignations of MCWDB members. Supervisory District: All Districts (C-95-24-000-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo COUNTY OFFICES AND DEPARTMENTS - DEPARTAMENTOS Y OFICINAS DEL CONDADO Air Quality - Calidad del Aire 19. AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY FOR TRAVEL REDUCTION PROGRAM SERVICES (MAG- EXPANSION) Approve an agreement between Regional Public Transportation Authority and Maricopa County through the Air Quality Department, in the not-to-exceed amount of $346,000. The purpose of this Agreement is to pass through Travel Reduction Program funds for major employer urban travel reduction efforts. This Intergovernmental Agreement is retroactively effective from October 1, 2023, until September 30, 2024. (C-85-24-018-X-00) Patricia Meade, resident, spoke in opposition. She commented on speed reduction and electronic vehicles. Blue Crowley, resident. He said last week the Regional Public Transportation Authority (RPTA) had a retreat where they were to talk about the five-year transit plan. He noted that Prop 400 was to decrease the number of vehicles on the road and provide alternative transportation. He noted the RPTA added more security instead of a better transit plan. Jeff Caldwell, resident, spoke in opposition. He talked about the Board using a lobbyist to change the state statute for the agreement. He had concerns that taking more cars off the streets could cause more congestion and pollution. Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Elections - Elecciones 20. PRECINCT COMMITTEEMEN VACANCIES AND APPOINTMENTS POLICY Pursuant to A.R.S.§11-251, approve new Maricopa County Policy A1117 Precinct Committeemen Vacancies and Appointments. In accordance with state statutes (A.R.S. §§ 16-821 - 16-822), the policy establishes policies for Maricopa County Elections, A Department of the Board of Supervisors, for: (1) Determining that precinct committeemen Formal Meeting Minutes 09/27/2023 Page 10 of 50 vacancies exists, (2) Processing requests from the County Political Parties to create precinct committeemen vacancies, (3) Processing precinct committeemen appointments submitted by the County Political Parties, (4) Submitting Board Agenda Items for Precinct Committeemen Appointment and Vacancy Request. This item was continued from the September 13, 2023 meeting. (C-20-24-001-X-00) Chairman Hickman asked Zach Schira, County Manager’s Executive Director, and Tom Liddy, County Attorney Deputy Chief, to come forward. Both Mr. Schira and Mr. Liddy would talk about the statutes and requirements of the Board on this item. Chairman Hickman also noted Maricopa County is a subdivision of state government. He noted the item was continued from the September 13, 2023 meeting. Chairman Hickman asked Mr. Schira to give a quick explanation of what is being brought to the Board to consider. Mr. Schira said Scott Jarrett, Election Day Director, is also available by Webinar. He noted it is a policy that would formalize the Precinct Committeemen (PC) vacancies and appointment process that is currently under the Board of Supervisors purview per statute. He explained that the new policy is to improve transparency and accountability of the process. Mr. Schira noted changes to the policy from the last Board meeting. He said an update was included in a section for each chairman of each political party to sign a statement attesting that their own bylaws were being followed. Chairman Hickman welcomed Mr. Jarrett via the Webinar to be available for any questions. Chairman Hickman noted that he would allow people with comments to come forward and speak. He said the Board is being transparent, open, and hearing concerns about the policy. Chairman Hickman said the Elections Department, the Board, and County Attorney’s Office would try to answer any questions that the public may have. Linda Migliore, resident, LD 29 Chairman, spoke in opposition. She said the LD Chairmen and precinct captains are also PC’s. She was arguing against the Board’s proposal because precinct captains are also on the form and should be authorized to sign off on anyone they submit to their County Chairman. She wants to keep the original form that had signatures from precinct committeemen, precinct captain, Chairman of the LD, and Chairman Craig Berland. Ken Berger, resident, LD 10 Chairman in East Mesa, spoke in opposition. He talked about setting up an outreach team to recruit more Precinct Committeemen for their party. He noted the process of submitting applications and having the County slow to approve them. He gave examples of issues that he was experiencing with potential future Precinct Committeemen. Craig Berland, resident, Maricopa County Chairman of the Republican Committee, spoke in favor. He said he was asked to be present and add facts to the discussion Mr. Berland stated as of September 29th, Maricopa County Republicans had 1,233 applications submitted, 961 have been submitted to the Board of Supervisors for recording. He said 62 were in the signature process, 91 have been withdrawn by the applicant. He noted he had received a PC appointment complaint list from people who were not happy with how long the process is taking. He said of the 140 applications, seven applicants withdrew their applications, 14 had bad addresses, 22 have been submitted, five applications were being withheld for no apparent reason, 32 have no record of submitting to the County, and he mentioned more issues on other applications. Mr. Berland asked the Board to process the applications that have been submitted. Formal Meeting Minutes 09/27/2023 Page 11 of 50 Timothy Schwartz, resident, spoke in favor. He said he is encouraged that going forward, they would be following the bylaws. He noted he is encouraged by a system that abides by the rules. Mr. Schwartz said he understands any change needs to be made in statute and will need to go through the legislature. Mark Beach, resident, LD2 Vice Chairman, spoke in opposition. He said there are no issues with current process. Carol Ayotte, resident, Chairman of LD 27, Precinct Committeeman and State Committeeman, spoke in opposition. She noted voters party affiliation changing or being removed as a PC. She said other issues are happening without the voter’s knowledge including registered voters parties being changed at the Motor Vehicles Division (MVD) or using Service Arizona. Ms. Ayotte said the Elections Department needs to resolve issues relating to party affiliation being changed without the voter making the request. Chairman Hickman asked Mr. Schira to answer questions and concerns from the public. Mr. Schira explained the MVD’s process has an opt-out box that can be missed and could change an individual’s party registration. He noted the Board of Supervisors or Maricopa County have no authority over the MVD process. Mr. Schira asked Mr. Jarrett if he wanted to give input on the questions. Mr. Jarrett echoed Mr. Schira’s comments and that the voter registration falls under the purview of the Maricopa County Recorder’s office. Mr. Jarrett noted the opt-out box at the MVD is allowed per statute. Margaret Fernandez, resident in opposition, gave her time to Patty Castillo Porter. Patty Castillo Porter, resident, Vice Chairman of LD 12, spoke in opposition. She noted how meetings are being held to discuss the status of PCs and their attendance record. Ms. Porter talked about the process in her precinct on removing inactive PCs and said that decisions should be made by the LDs without the Board of Supervisors involvement in their process. Frank Rizzo, resident, spoke in opposition. He echoed Linda Migliore’s comments. He noted if someone has been denied by the County Chairman or Lawrence Hudson, then it should be discussed with LD Chairman, precinct captain and PC before complete denial. Donna Gutowski, resident, spoke in opposition. She read a copy of an email that was sent to the Board that expressed opposition to the policy. Elwood Kuentzler, resident, Vice Chairman LD23, SC and PC. Mr. Kuentzler commented on the misinformation that was shared at the last Board meeting by PCs. He also expressed concern about the previous election and election integrity. Merissa Hamilton, resident, AZGOP member of CD1, spoke in opposition. She said she disagreed with the process that the Board has taken with PC policies. She said the process should be kept within the parties without Board involvement. Michelle Altherr, resident, Chairman of LD23, spoke in opposition. She made comments regarding the last Formal Board meeting and the speakers who did not give all the facts when complaining about the election process. Lois Shugarr, resident, LD 13, PC and SC, spoke in opposition. She noted an existing MCRC form already in place, the PC’s waiting to be approved by the Board, and Formal Meeting Minutes 09/27/2023 Page 12 of 50 concerns about the lack of applicant signatures on the PC form. She also talked about the removal process when a PC’s party has been changed without the PC’s knowledge. Susan Thomas, resident, spoke in opposition. She talked about her participation in recruiting many PC’s last year and how PC applications are being held up by the Board of Supervisors. Ms. Thomas spoke about her experience working with the PC process and policies. She does not want the Board’s involvement in the current working process. Jeff DeWit, resident, Chairman of the State Republican party, spoke in opposition. He briefly noted about how the SC and PC system process works. He noted he wanted accuracy in the process. Patty Castillo Porter, resident, Congressional District 4, Vice Chairman of LD 12, spoke in opposition. She noted she is not in favor of the removal of the current PC application process. The voters are having trust issues with the Board of Supervisors and do not want them involved. She said she would like to keep the current process as it is. Cristina Junge, resident, PC in LD 29, spoke in opposition. She noted the government wants to control everything. She said she does not want the Board of Supervisors involved in the PC process and wants the parties to be independent. Blue Crowley, resident, spoke in favor. He said he supports the Board of Supervisors on the changes to the policy. Nancy Wilming, resident, PC and SC in LD15, spoke in opposition. She read the statute, ARS 16-821 a., on Precinct Committeemen. Lezley Shepherd, resident, spoke in opposition. She echoed Linda Migliore’s comments. She commented on Jeff DeWit and about the constitution. Tom Hodo, resident, spoke in opposition. He talked about We the People and hopes to work for the common good, with the goal to keep everyone healthy and safe. Veronica Corcoran, resident, spoke in opposition. She noted the LD process is run by the people. She also talked about bureaucracy and growing the Republican party. Jeff Caldwell, resident, spoke in opposition. He noted statute allowing to change a registered voters political party at the DMV without notice. He asked the Board to make a policy that would inform potential PC’s of their political party change before denying any applications. Mr. Caldwell said there was no Democratic representation to comment on this issue. He suggested appointee signature requirement on the forms. Susan Cheatham, resident, PC, SC, and Treasurer for LD 25, spoke in opposition. She stated there is a lot of frustration and passion for the truth. She said the over all system is not broken and does not need to be fixed. Chairman Hickman thanked the public for speaking. He said the Board has been working with Mr. Schira on the agreement and it should address the concerns of most of the Precinct Committeemen present. Mr. Schira noted signatures are required on the PC form for new appointees or to have a PC removed. He said this process is not changing the current party process but it allows the Board of Supervisors to have backup materials for the vote to create a vacancy or to appoint into a vacancy. Formal Meeting Minutes 09/27/2023 Page 13 of 50 Lol.. County Attorney, Tom Liddy, noted the role of the Board of Supervisors is ministerial and small. He noted the reason was because of the 1st Amendment of the United States Constitution and the right for a political party to freely assemble. Mr. Liddy said the Board of Supervisors have no role in any construction of any political party. He also noted Arizona law that requires the Board of Supervisors to perform the ministerial role, “shall”, appoint a PC from the list that comes from a political party. Mr. Liddy noted about the language of the statute that the Board is required to determine if there is a vacancy. He explained the process on how a vacancy is created. He stated there is no power taken from the political parties. Mr. Schira said the Board of Supervisors is the filing officer and the appointing authority for many different County offices. Chairman Hickman talked about the agreement between the Board and the Recorder’s Office, that allows the Board to take some duties when it comes to elections. Mr. Liddy summarized the statute related to the Board determining if a PC vacancy exist. He noted that County staff have an obligation to assure alleged vacancies are in fact vacancies. This procedure is being implemented to ensure that. Chairman Hickman noted the Board operates under the statutes and stated that if PCs are having issues with the statutes, they can go to their Legislators in their districts and talk about the issues. He noted that the Board wants to make sure that the names that are given to the Board for PC appointments go through a procedure that match both state law and the political parties’ bylaws. Supervisor Gallardo noted he had discussions with a Democratic party Chairman and others in the ongoing discussion around the Precinct Committeemen. Supervisor Gallardo stated they are aware of their responsibilities and statutory requirements. He noted that the Democratic PC’s realize, if there are significant changes, they will need to talk to their state Legislators. He said the Board follows the state statute as it is written and the County’s legal council. Vice Chairman Sellers said the Board does not base their decisions on names when they are sent a list of PCs. He noted the process in which the LD has theoretically submitted a list of names that have met the criteria. He noted complaints were made from legislative districts where vacancies were not property created. He said the Board wanted a process to ensure that the names that are presented to them are qualified and accurate so that the Board can meet their obligation of approving. Supervisor Gates echoed the comments made by his colleagues. He said Mr. Schira and Mr. Liddy had clarified some points. He hopes that the public in the auditorium understands that the Board is not taking away any power from the political parties. He noted this policy is to clarify and to make the Board aware of PCs being removed. Mr. Schira clarified that the policy states that a signature is not required of the appointee if they are resigning or being removed for a vacancy. He said they do want a signature, but there are instances where a signature would not be obtainable and gave some examples. He also stated that they don’t want to hold up the process. Mr. Jarrett noted if a resignation is submitted through the County political parties, a letter would be sent to the individual Precinct Committeeman to inform them that they are being removed to create a vacancy in that position. Mr. Jarrett noted a section on the policy that addresses any changes to the voter registration system (ServiceArizona or MVD). A list of individuals who made voter registration changes will be submitted to Formal Meeting Minutes 09/27/2023 Page 14 of 50 the County Chairs before the PC positions are vacant. He said this added transparency and accountability to the process. Chairman Hickman noted a state party chair is present at the meeting today and Supervisor Gallardo has been in contact with the Democratic party. He asked Mr. Jarrett if the Libertarian party had any issues on this item. Mr. Jarrett responded that prior to the previous Formal meeting, a copy of the policy had been distributed to all County chairs and no negative feedback was received. He noted there were some recommendations that were considered into the policy but no negative feedback from any of the parties. Vice Chairman Sellers asked Mr. Jarrett for clarification that no Legislative District Chair was opposed to this change. Mr. Jarrett responded, it was sent to the County Chairs not to the Legislative Chairs. Chairman Hickman noted it is not the intention of the Board to log jam the appointment process and all parties have enough time for their elections. He briefly noted item 78, an item on the agenda to appoint PCs. Motion to approve the Precinct Committeemen Vacancies and Appointments Policy with the revisions to the attached policy by Supervisor Jack Sellers, seconded by Supervisor Steve Gallardo Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Chairman Hickman made the following statement “Since we took over this process from the Recorder’s Office with our new agreement; this Board felt it needed updating and more transparency than before. My colleagues and I have been contacted by many PCs and LDs about the former PC Replacement Process. I have met and talked to many LDs and PCs recently about the need to follow the Party’s own Bylaws and this policy will do that. This a Pro-PC Policy. It allows staff to better document and facilitate the process, which will increase documentation and, most importantly, transparency. This Board has been working with the County Attorney’s Office and making sure we are following the law. This policy must follow the State Statutes and work with all the political parties. I appreciate and hear the concerns of the PCs and LDs and I hope by this new policy the Party’s Bylaws will be followed. 21. PRECINCT COMMITTEEMEN Pursuant to A.R.S. §16-821(B), authorize the appointment or cancellation of appointment of Precinct Committeemen. List is 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. This item was continued from the August 23, 2023 meeting. This item was continued from the September 13, 2023 meeting. (C-21-24-003-X-00) Patty Castillo Porter, resident, Congressional District 4, Vice Chairman of LD 12, spoke in opposition on item 21. She talked about We the People, the Republican party, and elections. She noted the direction of the PC process and wanted a copy of the updated policy. Motion to deny by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Formal Meeting Minutes 09/27/2023 Page 15 of 50 Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 22. PRECINCT COMMITTEEMEN Pursuant to A.R.S. §16-821(B), authorize the appointment or cancellation of appointment of Precinct Committeemen. List is 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. This item was continued from the September 13, 2023 meeting. (C-21-24-009-X-00) Motion to deny by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo ~ Agenda item #78 was taken out of order and heard after item #22 ~ Elections 78. PRECINCT COMMITTEEMEN Pursuant to A.R.S. §16-821(B), determine whether a vacancy (or vacancies) exists in the office of Precinct Committeemen and, if so, make appointments to that office. The list of suspected vacancies and recommended nominations is 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-06-24-209-X-00) Motion to deny by Supervisor Jack Sellers, seconded by Supervisor Thomas Galvin Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Emergency Management - Administración de Emergencia 23. EMERGENCY MANAGEMENT IGA WITH TOWN OF CAREFREE TO ASSIST WITH THEIR EMERGENCY OPERATIONS PROGRAMS Approve Intergovernmental Agreements (IGA) between Maricopa County through the Department of Emergency Management and the following cities/towns: Town of Carefree. The purpose of this Intergovernmental Agreement is to assist in developing their Emergency Operations Plan, conducting exercises and training, educating the public, as well as providing a variety of other related technical and administrative services and guidance to develop and maintain state and federal mandated emergency plans and programs. Each Intergovernmental Agreement is effective from July 1, 2023 until June 30, 2033 (C-15-23-014-X-08) Patty Castillo Porter, resident, Congressional District 4, Vice Chairman of LD 12, spoke in opposition on item 23. Jeff Caldwell, resident, spoke in opposition on item 23. He said he had concerns but understood about not having access to the national security process for this item. He hoped the process would be free of bureaucracy within an emergency. He mentioned the disaster that occurred in Hawaii and hoped a system is in place to handle a disaster immediately. Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Formal Meeting Minutes 09/27/2023 Page 16 of 50 Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Environmental Services - Servicios Ambientales 24. BOARD OF HEALTH FEE WAIVER REIMBURSEMENT Approve a fund transfer of $23,155 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 FY2024 expenditure authority in the amount of $23,155 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 $23,155 in Environmental Services (D880) Environmental Services Environmental Health Fund (506) Non Recurring Non Project (NRNP) and increase expenditure authority in the amount of $23,155 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-88-24-003-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Finance - Finanzas 25. ELECTIONS GRANTS FUND TO RECORDER GRANTS FUND TRANSFER 1. Approve a fund transfer in the amount of $1,371,477 from the Elections Grants Fund (248) to the Recorder Grants Fund (298). 2. In accordance with A.R.S. 42-17106(B), approve the following amendments to the FY 2024 budget: a. Approve an increase to the Recorder’s Office (D360) Recorder Grants Fund (298) Non Recurring Non Project (NRNP) revenue budget by a net $1,371,477. b. Approve an increase to the Elections Department (D210) Elections Grants Fund (248) Non Recurring Non Project (NRNP) expenditure budget by a net $1,371,477. c. Approve offsetting revenue and expenditure adjustments to the Eliminations Department (D980) Eliminations Fund (900) Non Recurring Non Project (NRNP) budgets in the amount of $1,371,477. 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. These actions will have a county-wide net impact of zero and they do not alter the budget constraining the expenditures of local revenue duly adopted by the Board pursuant to A.R.A 42-17105. (C-18-24-026-X-00) Formal Meeting Minutes 09/27/2023 Page 17 of 50 Jeff Caldwell, resident, spoke in opposition on item 25. He stated he could not obtain information on where the money was going or what it is being used for in the Recorder’s Office. Mike Peterson, resident, spoke in opposition on item 25. He talked about elections and said it would be bad to throw more money at the Elections Department. Carol Stines, resident, was called to speak in opposition but was not present. Merissa Hamilton, resident, spoke in opposition on item 25. She echoed Jeff Caldwell’s comments but added more details. She noted the attachment for the item only has codes with no explanation of what they mean. She also talked about the Open Meeting Law and the public being able to view documents on items. Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 26. FUNDS TRANSFERS; WARRANTS - TRANSFERENCIAS DE FONDOS; WARRANTS Approve regular and routine fund transfers, warrant reports 08/25/2023 through 09/07/2023, 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-18-24-027-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 27. FY 2024 BUDGET ADJUSTMENT FOR COPS, SERIES 2022, ARBITRAGE REBATE LIABILITY In accordance with A.R.S. 42-17106(B), approve the following adjustments to the FY 2024 budget: 1. Approve an increase to the Non Departmental (D470) County Improvement COP Series 2022 (F443) Operating (OPER) expenditure budget in the amount of $563,170. 2. Approve a decrease to the Non Departmental (D470) Non Departmental Grants (F249) Operating (OPER) Contingency expenditure budget in the amount of $563,170. This action will increase the expenditure authority in the Non Departmental (D470) County Improvement COP Series 2022 (F443) budget to allow the disbursement of the calculated arbitrage rebate liability due as a result of excess investment interest earnings in accordance with Internal Revenue Code Regulations Section 1.148-3(f)(2). These actions will have a county-wide impact of zero and do not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. Investment earnings are not local revenues for the purpose of the constitutional expenditure limitation and therefore expenditures of these revenues are not subject to the constitutional expenditure limitation. (C-18-24-028-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Formal Meeting Minutes 09/27/2023 Page 18 of 50 Human Resources - Recursos Humanos 28. 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. Update Ranges Administrative Manager $32.69 $50.96 $68,000 $106,000 Administrative Services Manager $32.69 $50.96 $68,000 $106,000 Justice System Manager $32.69 $50.96 $68,000 $106,000 Legal Services Manager $32.69 $50.96 $68,000 $106,000 Operations/Program Supervisor $32.69 $50.96 $68,000 $106,000 Parks Maintenance Worker $17.25 $26.75 $35,880 $55,640 Public Works Maintenance Worker $17.25 $26.75 $35,880 $55,640 (C-31-24-021-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Human Services - Servicios Humanos 29. ACCEPTANCE OF GRANT FUNDS FROM U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES HEAD START PROGRAMS Approve the receipt of an increase in 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. 09CH012079-03-01 for Fiscal Year 2024 (Budget Period), in the amount of $1,532,409. The awarded funds are for Cost-of-Living Allowance (COLA) and Quality Improvement (QI) increases for the Head Start and Early Head Start programs. The COLA amount is $1,119,324 and QI amount is $413,085. The Human Services Department submitted an application to the Office of Head Start for COLA and QI grant increase funds in April 2023. The funds were awarded through a non- competitive process as Maricopa County is a recipient of the current grant. The grant funds are a recurring award. The increase funds are for the budget period of July 1, 2023, through June 30, 2024. The project period of the grant is July 1, 2021, through June 30, 2026. Receipt of the grant funds does not require future or ongoing contributions by the County at the end of the Project Period. The grant requires a non-federal share (NFS) match of the total approved project costs. NFS is generated through in-kind donations of goods and services as well as parent volunteering. The total required NFS for FY2024 is $5,071,362 and shall remain unchanged for the budget period. The OHS has approved a non-federal match waiver for the awarded COLA and QI grant funds. The Human Services Department provisional indirect rate of 22.2% by the U.S. Department of Health and Human Services for FY2024 is for salaries and employee related expenses. The total Grant increase amount is $1,532,409 of which $1,136,452 is for salaries and ERE. Formal Meeting Minutes 09/27/2023 Page 19 of 50 The total estimated indirect costs are $252,292 and fully recoverable and shall be effective as of July 1, 2023. The grant funding for the budget period shall hereby increase to $21,817,858. Upon approval of receipt of funds, the total Federal and Non-Federal amount for the Budget Period is now $26,889,220. The total Federal and Non-Federal amount for the Project Period is now $65,650,696. 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 (C-22-22-174-X-12) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 30. AMENDMENT TO IGA WITH CITY OF SCOTTSDALE FOR HOME INVESTMENT PARTNERSHIPS ACTIVITIES Approve non-financial Amendment No. 5 to the Intergovernmental Agreement between City of Scottsdale (City) and Maricopa County (County) administered by its Human Services Department. The purpose of the Agreement is for the City to acquire, rehabilitate and rent a single-family home to a low-income family. The County provided the City with funds to conduct U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) funded activities. I. The Parties agree to enter into this Amendment No. 5 to the Agreement as follows: A. Extend the term of the Agreement through September 30, 2024. B. Change Lead Agency Contact. C. Revise and extend the expenditure timeframe for the 2018 Work Statement from September 30, 2022, through September 30, 2024. D. Revise and extend the expenditure timeframe for the 2019 Work Statement from September 30, 2023, through September 30, 2024. E. The overall Agreement funding amount remains unchanged at $1,085,261.94. The Agreement is amended to incorporate the changes made in this Amendment No. 5. All other terms and conditions of the original Agreement and previous Amendments 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. Supervisor District: 2 (C-22-17-044-3-06) Formal Meeting Minutes 09/27/2023 Page 20 of 50 Jeff Caldwell, resident, spoke in opposition on item 30. He talked about the investment opportunities with the City of Scottsdale. He said the County should sell the houses that are being renovated and make a profit from them. Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 31. AMENDMENT TO IGA WITH ARIZONA DEPARTMENT OF ECONOMIC SECURITY FOR HOUSING SUPPORT SERVICES Approve Amendment No. 1 to the Intergovernmental Agreement (Agreement) with Arizona Department of Economic Security (DES) (DI23-002395) and Maricopa County, administered by its Human Services Department. The purpose of the Agreement is for the County to administer Housing Support Services in Maricopa County by providing assistance to individuals/families: The Purpose of the Amendment is to address the following: 1. To revise Section 10.0 Reporting Requirements, Subsection 10.3.2 is revised to change the requirement from monthly to quarterly as follows: 10.3.2 Submit the Returns to Homelessness After Positive Exit Destination Report for each ADES ESG-funded activity (Street Outreach, Emergency Shelter, Rapid Re-Housing, Homeless Prevention) by the twentieth (20th) day following the end of each quarter. 2. In accordance with Section 11.0 Payment Requirements, subsection 11.2, revise and replace Attachment 1 - Itemized Service Budget (ISB) in its entirety with the attached in the amount of $1,445,832.00 for the contract period of July 1, 2023, through June 30, 2024. The foregoing paragraphs contain all the changes made by this Amendment No. 1. All other terms and conditions of the Agreement remain in full force and effect. the amendment shall become effective on the date of last signature. Approval of Amendment No. 1 will not impact the County General Funds. Supervisory District: All (C-22-23-107-X-01) Jeff Caldwell, resident, spoke in opposition on item 31. He recommended to deny this item because it is not a good investment and to make sure wise investment decisions are being made. Louann Savolt, resident, spoke in opposition on item 31. She noted she does not want illegal immigrants to occupy these investment homes but only allow U.S. citizens who are facing homelessness. Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 32. AMENDMENT TO IGA WITH SCOTTSDALE UNIFIED SCHOOL DISTRICT FOR MEAL SERVICE DELIVERY Approve Amendment No. 1 to the financial Intergovernmental Agreement “Agreement” between Scottsdale Unified School District and Maricopa County, administered by its Human Services Department. The purpose of this Agreement is to establish the terms and conditions governing the purchase of full-service food catering services for the Maricopa County Head Start Program. The District shall provide meals and snacks that meet the minimum 1/3 of the daily Child and Adult Care Food Program (CACFP) recommended dietary allowances for program participants. Formal Meeting Minutes 09/27/2023 Page 21 of 50 The purpose of Amendment No. 1 is to address the following: A. Extend the Agreement term from October 1, 2023, through September 30, 2024. B. Revise Paragraph 5.0 (Funding), by removing in its entirety and replacing with the following: The County shall reimburse the District a fixed price amount not-to-exceed $796,501 for the extension period. C. Revise Section 29.0 (Service Delivery), Subsection 29.12 (Meal Count and Costs) by removing and replacing with a new Meal Costs and Counts budget. D. Revise Section 30.0 (Compensation), Subsection 30.1 (Funding), by replacing Subsubsections 30.1.2 and 30.1.3 in their entirety. E. Revise Section 31.0 (Notices) by replacing District Representative as follows: Dr. Scott Menzel Superintendent 8500 E. Jackrabbit Rd. Scottsdale, AZ 85250 smenzel@susd.org The foregoing paragraphs contain all the changes made by this Amendment No. 1. All other terms and conditions of the Agreement remain in full force and effect. This Amendment No. 1 shall be effective upon approval and signature by both Parties. This Amendment is subject to the availability of funds and will not impact the County General Fund. This Agreement is funded by recurring grants from U.S. Department of Health and Human Services (C-22-22-174-X-11/09CH012079-03-00), and the Arizona Department of Education/Child and Adult Care Food Program (CACFP). Supervisory District: 2 (C-22-23-020-X-01) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 33. AMENDMENT TO IGA WITH MESA UNIFIED SCHOOL DISTRICT FOR MEAL SERVICE DELIVERY Approve Amendment No. 1 to the financial Intergovernmental Agreement “Agreement” between Mesa Unified School District and Maricopa County, administered by its Human Services Department. The purpose of this Agreement is to establish the terms and conditions governing the purchase of full-service food catering services for the Maricopa County Head Start Program. The District shall provide meals and snacks that meet the minimum 1/3 of the daily Child and Adult Care Food Program (CACFP) recommended dietary allowances for program participants. The purpose of Amendment No. 1 is to address the following: A. Extend the Agreement term from October 1, 2023, through September 30, 2024. B. Revise Paragraph 5.0 (Funding), by removing in its entirety and replacing with the following: The County shall reimburse the District a fixed price amount not-to-exceed $183,500 for the extension period. C. Revise Section 29.0 (Service Delivery), Subsection 29.12 (Meal Count and Costs) by removing and replacing with a new Meal Costs and Counts budget. D. Revise Section 30.0 (Compensation), Subsection 30.1 (Funding), by replacing Subsubsections 30.1.2 and 30.1.3 in their entirety. Formal Meeting Minutes 09/27/2023 Page 22 of 50 The foregoing paragraphs contain all the changes made by this Amendment No. 1. All other terms and conditions of the Agreement remain in full force and effect. This Amendment No. 1 shall be effective upon approval and signature by both Parties. This Amendment is subject to the availability of funds and will not impact the County General Fund. This Agreement is funded by recurring grants from U.S. Department of Health and Human Services (C-22-22-174-X-11/09CH012079-03-00), and the Arizona Department of Education/Child and Adult Care Food Program (CACFP). Supervisory District: 1, 2 (C-22-23-021-X-01) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 34. AMENDMENT TO IGA WITH TOWN OF GILA BEND Approve non-financial Amendment No. 4 to an Intergovernmental Agreement between the Town of Gila Bend and Maricopa County administered by its Human Services Department. The purpose of the Agreement is for the Town to renovate the Gila Bend Community Center and to reconstruct sewer lines in the town. The purpose of this Amendment No. 4 is to address the following: A. Change Lead Agency Point of Contact. B. Extend the Agreement term from September 30, 2023, through September 30, 2024. C. Revise Section 3 (Work Statement) in the following areas: 2.0 Scope of Work A, 2.6 (Implementation Schedule) to extend the activity timelines. 3.0 Revise Scope of Work B, 3.6 Period of funding from July 26, 2023 through September 30, 2024. The Agreement is amended to incorporate the changes contained in this Amendment No. 4. All other terms and conditions of the Agreement and previously approved amendments shall remain unchanged and in full force and effect as executed by the Parties. This Amendment No. 4 shall be effective upon approval and signature by both Parties. Supervisory Districts 5 (C-22-22-050-X-04) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 35. AMENDMENT TO IGA WITH THE CITY OF SCOTTSDALE FOR HOME FUNDED ACTIVITIES Approve financial Amendment No. 1 to the Intergovernmental Agreement between the City of Scottsdale and Maricopa County administered by its Human Services Department. The purpose of the Agreement is for the City to acquire and rehabilitate two (2) single-family houses in Scottsdale. The two homes will provide affordable rental housing opportunities for HOME income eligible residents. One single-family home will be funded with Program Year 2020 funds and one single-family home will be funded with Program Year 2021 funds. The Formal Meeting Minutes 09/27/2023 Page 23 of 50 County provided the City with U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) funds. A. Change Lead Agency Point of Contact. B. Extend the term of the Agreement from September 30, 2024 through September 30, 2025. C. Add paragraph: 54.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) D. Revise Section 3 (Work Statement) to add two new Work Statements for HOME funded activities for the Subrecipient to complete: 1. 2022 Work Statement. The City shall administer the Tenant Based Rental Assistance (TBRA) Program to help prevent homelessness by providing decent and affordable rental housing for families in need. The County shall provide the City with $366,675 Program Year 2022 HOME funds. All work performed, or costs incurred expenses shall be reimbursable through September 30, 2025. 2. 2021 HOME-ARP Work Statement. The City shall acquire and develop multi-family housing to help prevent homelessness by providing decent and affordable rental housing for individuals and families in need. The County shall provide the City with HOME ARP funding in a not to exceed amount of $1,442,098 Program Year 2021. All work performed, or costs incurred expenses shall be reimbursable through September 30, 2025. E. The Agreement funding amount shall be increased by $1,808,773 from $687,042 to $2,495,815 and shall consist of the following fund sources: • $1,442,098 – HOME ARP • $366,675 – HOME funds The Agreement is amended to incorporate the changes contained in Amendment No. 1. All other terms and conditions of the Agreement shall remain the same and unchanged and in full force and effect as executed by the Parties. This Amendment No. 1 shall be effective upon approval and signature by both Parties. Supervisor District: 2 (C-22-22-080-X-01) Jeff Caldwell, resident, spoke in opposition on item 35. He echoed his comments from item 32 about housing. Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 36. AMENDMENT TO AGREEMENT WITH COMMUNITY BRIDGES, INC. FOR TEMPORARY HOMELESS SHELTER OPERATIONS Approve non-financial Amendment No. 12 to the Agreement between Community Bridges, Inc. (Subrecipient), a community-based organization and Maricopa County (County) administered by its Human Services Department. The purpose of the Agreement is for the operation of temporary emergency shelter services for individuals experiencing homelessness in Maricopa County. The Subrecipient and the County shall be referred to as the “Parties.” The purpose of the Amendment is to address the following: Formal Meeting Minutes 09/27/2023 Page 24 of 50 A. The County shall provide the Subrecipient with a lump sum of $600,000 in ARPA funds allocated in Amendment No. 9. The Amendment funding amount of $5,073,504 remains unchanged. The Subrecipient shall continue to submit monthly funding expenditure documentation, such as a General Ledger or a detailed Expenditure Report, with the included charges identified. B. Revise the fund sources for $68,563 of the $332,701 provided in Amendment No. 11. The Agreement total funding amount remains unchanged. Changes include: 1. Reduce ARPA funds by $68,563. 2. Add $68,563 in Emergency Solutions Grant-CV to a new total of $401,264 C. This Amendment shall be effective upon approval and execution by both Parties. The Agreement is amended to incorporate the changes contained in this Amendment No. 12. All other terms and conditions of the Agreement, previously approved Amendments and Administrative Change Order No. 1 not amended by this Amendment No. 12 shall remain unchanged and in full force and effect as executed by the Parties. Amendment No. 12 shall be effective upon approval and signature by both Parties. Supervisory District: All (C-22-20-029-3-12) Jeff Caldwell, resident, spoke in opposition on item 36. He noted using this money for temporary homelessness for individuals with exposure to Covid-19 is misguided because the emergency status has expired. He said the Board should save the County tax dollars by not approving this item. Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 37. AMENDMENT TO THE COMPETITION IMPRACTICABLE CONTRACT WITH SOLARI, INC. Approve financial Amendment No. 5 to a Competition Impracticable Contract (220102) with Solari, Inc. and Maricopa County, administered by its Human Services Department, referred to as the “Parties.” The Parties entered into entered into a Contract on or about August 17, 2021 to assist individuals impacted by the pandemic. The Parties now agree to amend the Agreement as follows: A. Extend expenditures deadline for ESG-CV activities to July 1, 2022, through September 30, 2023. B. Extend the Agreement term from July 1, 2023, through June 30, 2024. C. Increase the Agreement funding by $3,169,179 from $4,713,090 to $7,882,269. The increased funding is provided under ARPA funds provided to the County by the U. S. Department of Treasury under ALN 21.027. D. Remove Section 2.0 (Purpose), by removing in its entirety and replacing with the following: The purpose of the Agreement is to assist Maricopa County residents with the focus of residents outside the cities of Phoenix, Glendale, and Mesa, who were disproportionally impacted by the pandemic to obtain wrap around services that address the needs of the family. Formal Meeting Minutes 09/27/2023 Page 25 of 50 E. Remove Section 3.0 (CONTRACTOR RESPONSIBILITIES), by removing and replacing subsection 3.1 and 3.2 of the Agreement as follows: 3.1 The Subrecipient shall complete the following activities: 3.1.1 Housing Crisis Hotline 3.1.1.1 Operate and market an inbound phone number to navigate Maricopa County residents, who are experiencing housing crisis, to the HSD Dynamic Portal, as well as direct residents to appropriate diversion, prevention, homelessness, and housing services. 3.1.1.2 Provide information to County residents as it relates to the following MCHSD divisional (neighborhood) program services: 3.1.1.2.1 Early Education Division (EDD), childcare and early education services 3.1.1.2.2 Senior Adult Services Division (SASD) case management services 3.1.1.2.3 Workforce Development Division (WDD) employment and occupational skills training related services 3.1.1.2.4 Homeless Services 3.1.1.3 Crisis Case Management Services 3.1.1.3.1 Provide co-case management services to MCHSD Empowerment Pathways Program (EPP) clients to address the needs of the household and to move families closer to economic stability. 3.1.1.3.2 Communicate with EPP case worker to provide status of household as it relates to the outcome of referred services and the need for additional assistance/ services. 3.2 The Subrecipient shall track and provide MCHSD a monthly report as detailed in Attachment B - Deliverable Matrix. F. Revise Section 10.0, by removing subsection 10.2 in its entirety and replacing with the following: 10.2 The Agreement total funding amount is $3,169,179 for the Housing Crisis Hotline as detailed in Attachment A – Contract Operating Budget. The period of funding availability is July 1, 2023, through June 30, 2024. The Agreement is amended to incorporate the changes contained in this Amendment No. 5. All other terms and conditions of the Agreement and previously approved Amendments not amended by this Amendment No. 5 shall remain unchanged and in full force and effect as executed by both Parties. The Amendment shall be effective upon approval and signature by the Parties. Supervisor Districts: All (C-22-22-078-X-03) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 38. IGA WITH CITY OF TOLLESON FOR AFFORDABLE HOUSING OPPORTUNITIES Approve a financial Intergovernmental Agreement between the City of Tolleson (“Subrecipient”) and Maricopa County (“County”) administered by its Human Services Department. The purpose of the Agreement is to improve housing conditions and maintain affordable housing in the Tolleson area. The Subrecipient shall assist in repair or rehabilitation of approximately 18 owner-occupied homes for low-to-moderate income households. The project is an ongoing effort to improve housing conditions and maintain affordable housing for residents within the City’s Redevelopment area. Formal Meeting Minutes 09/27/2023 Page 26 of 50 The County shall provide the Subrecipient with $1,000,000 in American Rescue Plan Act (ARPA) Funds under the Assistance Listing Number 21.027. The Agreement is effective beginning September 27, 2023, through December 31, 2025. Also request authorization for the Chairman to approve and execute Administrative Change Orders upon the recommendation of the Human Services Director and Legal Counsel as identified in Section 5.0 (Administrative Change Orders). Supervisory District: 5 (C-22-24-015-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 39. IGA WITH THE CITY OF AVONDALE FOR AFFORDABLE HOUSING OPPORTUNITIES Approve a financial Intergovernmental Agreement between the City of Avondale (“Subrecipient”) and Maricopa County (County) administered by its Human Services Department. The purpose of the Agreement is to expand availability of affordable housing for homebuyers in the Avondale area. Through two projects, the Subrecipient will develop 8 single family homes. Two of the homes will be sold to households with income at or below 80% of the Area Median Income and 6 of the homes will be sold to households at or below 120% of the Area Median Income. The County shall provide the Subrecipient with $2,750,000 in American Rescue Plan Act (ARPA) Funds under the Assistance Listing Number 21.027. The Agreement is effective beginning September 13, 2023, through December 31, 2025. Also request authorization for the Chairman to approve and execute Administrative Change Orders upon the recommendation of the Human Services Director and Legal Counsel as identified in Section 5.0 (Administrative Change Orders). Supervisory District: 5 (C-22-24-016-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo 40. IGA WITH CITY OF SCOTTSDALE FOR AFFORDABLE HOUSING OPPORTUNITIES Approve a financial Intergovernmental Agreement between the City of Scottsdale (“Subrecipient”) and Maricopa County (“County”) administered by its Human Services Department. The purpose of the Agreement is to expand affordable housing and shelter bed availability in the Scottsdale area. The Subrecipient shall construct and rehabilitate a building to add a second floor consisting of 28 affordable rental and non-congregate shelter units. The Project will assist approximately 30 persons experiencing homelessness with bridge housing units and 8 households who are low-income with affordable rentals. The County shall provide the Subrecipient with $6,570,000 in American Rescue Plan Act (ARPA) Funds under the Assistance Listing Number 21.027. The Agreement is effective beginning September 27, 2023, through June 30, 2026. Formal Meeting Minutes 09/27/2023 Page 27 of 50 Also request authorization for the Chairman to approve and execute Administrative Change Orders upon the recommendation of the Human Services Director and Legal Counsel as identified in Section 5.0 (Administrative Change Orders). Supervisory District: 2 (C-22-24-017-X-00) The Clerk noted the item was withdrawn. No action was taken on item 40. ~ Supervisor Gallardo left the meeting and would not return ~ Medical Examiner - Médico Forense 41. FY 2024 CONTINGENCY FOR SUMMER CASELOAD SURGE Pursuant to A.R.S. 42-17106(B), approve the following amendments to the FY 2024 budget: 1. Increase the Emergency Management (D150) General Fund (100) Non Recurring (NRNP) expenditure budget by a not-to-exceed amount of $98,000. 2. Increase the Office of the Medical Examiner (D290) General Fund (100) Non Recurring (NRNP) expenditure budget by a not-to-exceed amount of $156,000. 3. Increase the Public Health (D860) General Fund (100) Non Recurring (NRNP) expenditure budget by a not-to-exceed amount of $46,000. 4. Decrease the Non Departmental (D470) General Fund (100) Non Recurring (NRNP) Unreserved and General Contingency line (4711) by a not-to-exceed amount of $300,000. This action will have a County-wide net impact of $0 and does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. These funds may be used by Maricopa County Department of Emergency Management, Maricopa County Office of the Medical Examiner, and Maricopa County Department of Public Health / Office of Vital Registration to cover shortfalls in their FY24 approved budgets due to the unanticipated costs incurred in addressing the increased number of deaths in Summer 2023. MCDEM estimates additional costs at $98,000; MCOME at $156,000; and MCDPH at $46,000. (C-29-24-002-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo Procurement Services - Servicios de Adquisiciones 42. 230116-S, OUTSIDE LEGAL SERVICES a. Legal Service Providers: Approve the following subsequent awards with an effective date of September 27, 2023. Serial: 230116-ROQ. These contracts are for private counsel to provide legal services to support the County, its officers and employees in various practice areas (includes both transactional and litigation representation). Approval requires verification of all final paperwork (such as insurance certificates) related to these contracts. Estimate: $21,000,000.00/three years until June 30, 2026, with three-year renewal options. No additional money is being added at this time. Ball, Santin & McLeran, PLC Edelson PC Formal Meeting Minutes 09/27/2023 Page 28 of 50 Fennemore Craig, P.C Lundmark, Barberich, LaMont & Slavin PC Norton & Brozina, P.C. Schmitt Schneck Even & Williams, P.C. The Shanker Law Firm, PLC Thorpe Shwer Walker & Peskind, PLLC b. For firms currently under contract and/or under assignment but who have not sought to be included in the new 3-year contract, authorize the Chief Procurement Officer to take the following actions: aa. For firms who have completed assignments, issue cancellation notices per the terms of the contracts. bb. For firms who are already engaged in cases/matters that were initiated under the previous ROQ (171115), issue extensions to the contract terms of their current contracts (if needed) in order to permit them to complete the cases/matters currently assigned. No additional cases will be assigned to these firms. c. For firms carrying preexisting matters who will be continuing legal services under this new contract, transfer those cases and any new assignments to their new contracts upon Board approval (C-73-23-101-X-01) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo Public Health - Salud Pública 43. AMENDMENT TO THE RESEARCH CORE SERVICES AGREEMENT WITH VANDERBILT UNIVERSITY MEDICAL CENTER TO PROVIDE ANALYTICAL RESEARCH MATERIALS Approve Amendment 1 to Research Core Services Agreement between Maricopa County (County), a political subdivision of the State of Arizona, and Vanderbilt University Medical Center (VUMC) which was approved on October 19, 2022, under C-86-23-010-X-01 to provide analytical research materials to Maricopa County by and through its Department of Public Health (MCDPH). This amendment serves to extend the term of the agreement until the later of either (i) completion of the Services as mutually agreed upon by both Parties, or (ii) 12 months from the Effective Date, which shall be the date of the last signature on the amendment. In addition, Exhibit B: Core Services Quote has been updated to reflect updated pricing. The total amount of this amendment shall be in an amount not to exceed $100,000, making the total not to exceed $200,000 over the life of the contract. It is anticipated that this amount will cover an additional six (6) RedCap Projects for a total of twelve (12) months each. The Office of Enterprise Technology (OET) serves as the designated Administrator of this service contract and may choose to utilize it for other County departments as may be needed during the term of the agreement. Due to the VUMC’s qualifying designation as a “Public Educational or Public Health Institution” it has been determined by the delegated Procurement Officer that Section MC1-1003 of the Maricopa County Procurement Code applies to this expenditure. Formal Meeting Minutes 09/27/2023 Page 29 of 50 The purpose of this agreement is to utilize VUMC’s RedCap Software for research activity to validate scientific hypothesis of mutual academic interest. Test materials will be provided to Core Lab by MCDPH as detailed in Exhibit A - Scope of Work. This includes projects to serve public safety, public health, flood control, education, and parks with tools for surveillance initiatives and scientific projects. Pricing for individual projects shall be based on an estimated number of units and the associated unit cost combined with a cost-recovery rate in effect at the time the services are provided. Proposed service quotes shall be received and reviewed by Maricopa County’s Office of Enterprise Technology (OET) who shall also oversee the performance of each individual project. (C-86-23-010-X-02) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 44. APPOINTMENTS TO THE RYAN WHITE PLANNING COUNCIL Approve the following new appointments to the Greater Phoenix Ryan White HIV Services Planning Council. All terms will be effective upon Board approval. 1. Bradley Reece (Community Member – Unaffiliated Consumer), new member appointment. The term is effective upon BOS approval for 3-year term (09/27/2023 - 09/26/2026) The Membership Committee of the Council has confirmed that the individuals listed above represent membership categories consistent with the Council Bylaws and federally mandated membership requirements. Candidates have also satisfactorily completed the pre- screening processes approved by the Maricopa County Board of Supervisors. (C-86-24-055-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 45. NOTICE OF AWARD FOR GRANT FUNDS FROM CENTERS FOR DISEASE CONTROL FOR OVERDOSE DATA TO ACTION PROGRAM Approve the Notice of Award of grant funds from U.S. Department of Health and Human Services, Centers for Disease Control (CDC), “Overdose Data to Action: Limiting Overdose through Collaborative Actions in Localities (OD2A: LOCAL) in the not-to-exceed amount of $2,892,500. Funding is to support efforts to use data to inform activities and programs intended to decrease nonfatal and fatal drug overdoses, overall and especially among disproportionately affected and underserved populations within the community, public safety, and healthcare system settings. The budget period for this award is September 1, 2023, through August 31, 2024. The term of the agreement is September 1, 2023, through August 31, 2028. The grant award is reoccurring and has been awarded to the department in previous years. This is a competitive grant. There is no cash or in-kind match required and should the grant cease, on-going contributions would not be required. This program is not a mandated function but provides a benefit to all citizens, especially those disproportionately affected and underserved, by decreasing nonfatal and fatal drug overdoses. MCDPH’s Indirect Rate for FY 24 is 15.65%. The indirect costs are estimated at $391,419.15 which are fully recoverable. Departmental indirect rates are re-established at the beginning of each fiscal year and the future indirect rates will be collected at the corresponding rates. Formal Meeting Minutes 09/27/2023 Page 30 of 50 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-86-24-056-X-00) Jeff Caldwell, resident, spoke in opposition on item 45. He noted the Centers for Disease Control (CDC) should help anyone with mental health issues regardless of an individual’s history. Mike Peterson, resident, spoke in opposition on item 45. He noted CDC funding was based on identity politics. Merissa Hamilton, resident, spoke in opposition on item 45. She noted her family background that included substance abuse and domestic violence. She said the policy is based on racism and is misguided. Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 46. IGA WITH MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT FOR COMMUNITY HEALTH WORKER EDUCATION PROGRAM Approve an Intergovernmental Agreement (IGA) between Maricopa Community College District (MCCCD) and Maricopa County by and through its Department of Public Health (MCDPH) for MCCCD to provide coordinated clinical and instructional programs for the education and training of 21 Refugee, Immigrant, and Migrant citizens within Maricopa County to become Community Health Workers (CHW) who will provide aid to the underserved and vulnerable Refugee, Immigrant, and Migrant (RIM) populations. The not to exceed amount of this IGA is $250,000. The term of the agreement is July 1, 2023, through May 31, 2024. Arizona receives a large number of refugees and asylum seekers each year. Incoming refugees do not have access to employment opportunities as well as access to healthcare. By training Refugees, Immigrants and Migrants to become Community Health Care Workers, they will function as a liaison between health and employment services for the RIM population. They will have a culturally and linguistically significant role that will help reduce health disparities among the underserved population. Funding for this IGA is provided by The Centers of Disease Control (CDC) Health Disparities Grant (C-86-24-058-X-00) Jeff Caldwell, resident, spoke in opposition on item 46. He noted concerns on illegal immigrants abusing the asylum card to seek refuge in Maricopa County community colleges. He said there should be enhancement in the security on the borders. Merissa Hamilton, resident, spoke in opposition on item 46. She said that the rate for unemployed citizens is high. She noted asylum seekers and the increase of homelessness and that programs should be focused on helping citizens first. Carol Stines, resident, was called to speak in opposition but was not present. Formal Meeting Minutes 09/27/2023 Page 31 of 50 Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 47. CONTRACT WITH BANNER HEALTH FOR COMMUNITY HEALTH NEEDS ASSESSMENT REPORT Approve a Contract for Service and Business Associate Agreement between Banner Health and Maricopa County by and through its Department of Public Health for participating in a Community Health Needs Assessment (CHNA). Banner Health shall pay the County for the services described for a total not-to-exceed amount of $253,800. The term of this Contract is from July 1, 2023, through June 30, 2026. The Contract may be extended by mutual written and signed agreement of the Parties for additional terms up to three-years each. The scope of work and costs will be subject to renegotiation for each extension. The Department of Public Health’s FY24 indirect rate for the Fee Fund is 18.67%, indirect costs are estimated at $13,309.87 (per year) and are fully recoverable. This contract will provide funds to support MCDPH’s Community Health Needs Assessment (CHNA) aimed to identify the unmet need for health services in the service area and/or proposed service area based on the population served. The Patient Protection and Affordable Care Act (ACA) approved by Congress in 2010 requires hospitals to conduct regular CHNA’s and adopt implementation strategies to meet the needs identified. Maricopa County Department of Public Health (MCDPH) and the Maricopa County Synapse coalition, a coalition of non-profit and federally qualified health care partners, will work collaboratively to implement a comprehensive assessment of health needs of residents in Maricopa County through this contract. (C-86-24-057-X-00) Jeff Caldwell, resident, spoke in opposition on items 47 through 49. He noted these items have the same language and codifies Maricopa County beliefs on different social support on health and housing services. He noted people with drug and mental issues should get the proper help for that specific problem. Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 48. CONTRACT WITH NEIGHBORHOOD OUTREACH ACCESS TO HEALTH (NOAH) FOR COMMUNITY HEALTH NEEDS ASSESSMENT REPORT Approve a Contract for Service and Business Associate Agreement between Neighborhood Outreach Access to Health (NOAH) and Maricopa County by and through its Department of Public Health for participating in a Community Health Needs Assessment (CHNA). NOAH shall pay the County for the services described for a total not-to-exceed amount of $36,000. The term of this Contract is from July 1, 2023, through June 30, 2026. The Contract may be extended by mutual written and signed agreement of the Parties for additional terms up to three-years each. The scope of work and costs will be subject to renegotiation for each extension. The Department of Public Health’s FY24 indirect rate for the Fee Fund is 18.67%, indirect costs are estimated at $1,887.92 (per year) and are fully recoverable. This contract will provide funds to support MCDPH’s Community Health Needs Assessment (CHNA) aimed to identify the unmet need for health services in the service area and/or Formal Meeting Minutes 09/27/2023 Page 32 of 50 proposed service area based on the population served. The Patient Protection and Affordable Care Act (ACA) approved by Congress in 2010 requires hospitals to conduct regular CHNA’s and adopt implementation strategies to meet the needs identified. Maricopa County Department of Public Health (MCDPH) and the Maricopa County Synapse coalition, a coalition of non-profit and federally qualified health care partners, will work collaboratively to implement a comprehensive assessment of health needs of residents in Maricopa County through this contract. (C-86-24-059-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 49. CONTRACT WITH ADELANTE HEALTHCARE FOR COMMUNITY HEALTH NEEDS ASSESSMENT REPORT Approve a Contract for Service and Business Associate Agreement between Adelante Healthcare and Maricopa County by and through its Department of Public Health for participating in a Community Health Needs Assessment (CHNA). Adelante shall pay the County for the services described, in the amount of $12,000 per year, for a total not-to- exceed amount of $36,000. The term of this Contract is from July 1, 2023, through June 30, 2026. The Contract may be extended by mutual written and signed agreement of the Parties for additional terms up to three- years each. The scope of work and costs will be subject to renegotiation. The Department of Public Health’s FY24 indirect rate for the Fee Fund is 18.67%, indirect costs are estimated at $1,887.92 per year and are fully recoverable. This contract will provide funds to support MCDPH’s Community Health Needs Assessment (CHNA) aimed to identify the unmet need for health services in the service area and/or proposed service area based on the population served. The Patient Protection and Affordable Care Act (ACA) approved by Congress in 2010 requires hospitals to conduct regular CHNA’s and adopt implementation strategies to meet the needs identified. Maricopa County Department of Public Health (MCDPH) and the Maricopa County Synapse coalition, a coalition of non-profit and federally qualified health care partners, will work collaboratively to implement a comprehensive assessment of health needs of residents in Maricopa County through this contract. (C-86-24-060-X-00) Motion to approve by Supervisor Bill Gates, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo Real Estate - Bienes Raíces 50. AMENDMENT TO LEASE AGREEMENT WITH SCI LUHRS PHX, LLC Approve and execute Amendment No. 3 to Lease Agreement L-7449 with SCI LUHRS PHX, LLC, a Delaware limited liability company, located at 45 W. Jefferson Street, Suite 600, Phoenix, AZ 85003, consisting of approximately 3,239 square feet of office space. This Amendment No. 3 extends the term of the Lease for an additional sixty-five (65) months commencing March 16, 2024 and expiring August 15, 2029, unless terminated earlier as provided for in the Lease. County will have an option to renew the Lease for one (1) additional five (5) year term. Rent for months 1-5 is abated, provided however that if County defaults Formal Meeting Minutes 09/27/2023 Page 33 of 50 during the first eighteen (18) months of the Extension Term, Lessor may recover the Abated Rent. County will pay Lessor full-service gross rent, plus rental tax, in the amount of $28/sf for months 6-17, $28.84/sf for months 18-29, $29.71/sf for months 30-41, $30.60/sf for months 42-53 and $31.51/sf for months 54-65. This action takes place in Supervisory District 5. (C-78-19-010-3-03) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo Transportation - Transportación 51. COUNTYWIDE MAXIMUM SPEED LIMIT Fully rescind the Countywide maximum speed limit requirement of 55 MPH dated January 17, 1974. The January 17, 1974 Board Resolution references a federal mandate to set the maximum speed limit within Maricopa County to 55 MPH. It is assumed that this Resolution was in response to the National Maximum Speed Limit (NMSL) provision of the 1974 Emergency Highway Energy Conservation Act. Congress fully repealed the NMSL in 1995 and it is no longer used in the practice of determining speed limits. This action will allow the Maricopa County Department of Transportation, specifically the County Traffic Engineer, to set speed limits consistent with current practice and federal requirements. Supervisory Districts No.: 1, 2, 3, 4 & 5 (C-64-24-039-X-00) Jeff Caldwell, resident, spoke in favor on item 51. He noted he comes to the meetings in good faith and supports polices that benefit freedom and abilities as individuals. He noted he appreciates the Board for updating the County speed limit. Merissa Hamilton, resident, spoke in favor on item 51. She noted she comes to the meetings in good faith and supports when given more freedom. She thanked the Board for updating the speed limit. Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 52. COMMUNITY SOLUTIONS FUNDING PROPOSAL - RIGGS ROAD Authorize the Community Solutions Funding Proposal request for the Riggs Road left-turning phase corridor project in the amount of $270,000 with an expected start date of November 15, 2023, and an expected completion date of December 15, 2023. The purpose of this project is to improve safety and mobility on Riggs Rd. between Old Price Rd. and SR 87 by providing signal upgrades so that all intersections have left-turn phasing on Riggs Rd. The intersections that currently do not have left-turn phasing are Dobson Rd., Glenburn Dr., and E.J. Robson Blvd. Work will consist of installing longer mast arms, signal poles, additional signal heads, new cameras, and adaptive signal control technology. Formal Meeting Minutes 09/27/2023 Page 34 of 50 Also, pursuant to A.R.S. 42-17106(B), authorize the following appropriation adjustments to the final FY 2024 budget: 1. Decrease the expenditure authority in the Non Departmental (D470) General Fund (100) Non Recurring (NRNP) budget in the line “Community Solutions Funding” (4711) by $270,000. 2. Increase the expenditure authority in the Non Departmental (D470) General Fund (100) Non Recurring (NRNP) budget in the line “D1 – Community Solutions Funding” (4761) by $270,000. These actions will have a net zero impact on the County-wide budget and do not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. (C-64-24-060-X-00) John Cain, resident, was called to speak but chose to speak at Public Comment on item 20. Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 53. COMMUNITY SOLUTIONS FUNDING PROPOSAL - OAKWOOD LAKES/ALMA SCHOOL ROAD TRAFFIC SIGNAL PROJECT Authorize the Community Solutions Funding Proposal request for a traffic signal project at Oakwood Lakes Boulevard and Alma School Road in the amount of $615,000 with an expected start date of November 15, 2023, and an expected completion date of November 15, 2024. The purpose of this project is to construct a traffic signal at the intersection of Alma School Rd. and Oakwood Lakes Blvd., to improve ingress/egress into the community. Work will consist of installing signal poles, mast arms, signal heads, cameras, control boxes, and ADA ramps. Also, pursuant to A.R.S. 42-17106(B), authorize the following appropriation adjustments to the final FY 2024 budget: 1. Decrease the expenditure authority in the Non Departmental (D470) General Fund (100) Non Recurring (NRNP) budget in the line “Community Solutions Funding” (4711) by $615,000. 2. Increase the expenditure authority in the Non Departmental (D470) General Fund (100) Non Recurring (NRNP) budget in the line “D1 – Community Solutions Funding” (4761) by $615,000. These actions will have a net zero impact on the County-wide budget and do not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. (C-64-24-059-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo Formal Meeting Minutes 09/27/2023 Page 35 of 50 54. 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’ actions. A. Project Name: Ocotillo Rd from 148th St to Greenfield Rd – WJ Item #: D24604 – Project #: TR221 – APN: 304-71-100N – (Grantor: West, William and Ellen) A1. Purchase agreement and escrow instructions A2. Warranty deed A3. Temporary construction easement B. Project Name: Ocotillo Rd from 148th St to Greenfield Rd – WJ Item #: D24605 – Project #: TR221 – APN: 304-71-100M – (Grantor: Romfro, Douglas and Karla) B1. Purchase agreement and escrow instructions B2. Warranty deed B3. Temporary construction easement C. Project Name: Lindsay Rd from Spur Rd to Layton Lakes - JR Item #: D24576 – Project #: TT0630 – APN: 304-72-025G – (Grantor: Creo RE LLC) C1. Purchase agreement and escrow instructions C2. Special warranty deed C3. Temporary construction easement D. Dedication: Vertical Bridge Patton Rd - TD Item #: DD10918 – Project #: TT0008 – APN: 503-34-016U – (Grantor: Mary Martin) D1. Purchase agreement and escrow instructions D2. Warranty deed (C-78-24-018-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: 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~ Air Quality Setting of Hearings 55. RESCISSION AND REPLACEMENT OF PARAGRAPHS G AND J OF RULE 32 (ODORS AND GASEOUS EMISSIONS) IN THE ARIZONA STATE IMPLEMENTATION PLAN Set a public hearing for November 1, 2023, at 9:30 a.m. to solicit comments on a proposed revision to the Arizona State Implementation Plan (SIP). The Maricopa County Air Quality Department (MCAQD) is proposing to rescind Paragraphs G and J of Rule 32 (Odors of Gaseous Emission) from the Arizona SIP and to replace the paragraphs with Sections 306 and 307 of Rule 320 (Odors and Gaseous Air Contaminants). Following the public hearing, the Board is requested to approve the proposed rescission of Paragraphs G and J of Rule Formal Meeting Minutes 09/27/2023 Page 36 of 50 32 from the Arizona SIP and approve submission of Sections 306 and 307 of Rule 320 into the Arizona SIP. This action is part of a larger SIP recodification project that was initiated in 2017 to rescind and replace MCAQD’s outdated two-digit SIP approved rules with current three-digit rules to update the SIP. (C-85-24-011-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 56. AQ-2023-001 INCORPORATION BY REFERENCE - RULE 360 (NEW SOURCE PERFORMANCE STANDARDS), RULE 370 (FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM), RULE 371 (ACID RAIN), AND APPENDIX G (INCORPORATED MATERIALS) Set a public hearing, as required by Arizona Revised Statutes (A.R.S.) § 49-479(b), for November 1, 2023, at 9:30 a.m. to solicit comments on the proposed revision of Maricopa County Air Pollution Control Regulations: Rule 360 (New Source Performance Standards), Rule 370 (Federal Hazardous Air Pollutant Program), Rule 371 (Acid Rain), and Appendix G (Incorporated Materials). Following the public hearing, the Board is requested to adopt the proposed incorporations into the Maricopa County Air Pollution Control Regulations. The Maricopa County Air Pollution Control Regulations contain several rules, Rules 360, 370, 371, and Appendix G, which incorporate by reference federal regulations from Title 40 of the Code of Federal Regulations (CFR). These federal regulations include New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP) and Acid Rain regulations. Every July 1, the U.S. Environmental Protection Agency (EPA) codifies revisions made to these federal regulations during the preceding year. The purpose of this rulemaking is to incorporate by reference the applicable federal regulations as codified on July 1, 2023, and thereby update Rules 360, 370, 371, and Appendix G with any revisions made to the corresponding federal rules during the preceding year. This is necessary in order to continue to comply with the Maricopa County Air Quality Department’s delegated authority from EPA to implement and enforce NSPS, NESHAP, and acid rain programs in Maricopa County, except for those specific authorities retained by the EPA. After the rules are adopted by the Board of Supervisors, the MCAQD will request delegation authority from the EPA to implement and enforce the federal standards. Permit fees are not changing due to this action. (C-85-24-012-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo Planning and Development Setting of Hearings - Configuración De Audiencias de Planificación y Desarrollo ~ Supervisor Thomas Galvin recused himself on item 57 and left the meeting ~ 57. PLANNING & ZONING SETTING OF HEARINGS Schedule the following items for public hearing at the October 18, 2023 Board Hearing: CPA2023008 – NWC 355th Ave. & Van Buren – CPA – Dist. 4 Formal Meeting Minutes 09/27/2023 Page 37 of 50 Z2022110 – NWC 355th Ave. & Van Buren – ZC – Dist. 4 CPA2023010 – Hyder Energy Center – CPA – Dist. 5 DMP2023001 – West Thirty-Six – DMP – Dist. 2 Z2023039 – West Thirty-Six – ZC with Overlay – Dist. 2 Z2023037 – Laveen Self Storage – ZC with Overlay – Dist. 5 Z2023070 – Chandler Heights Retail – ZC – Dist. 1 (C-44-24-055-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Bill Gates Absent: Steve Gallardo Recused: Thomas Galvin ~ Supervisor Thomas Galvin returned to the meeting ~ Transportation Setting of Hearings - Configuración De Audiencias de Transportación 58. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0225 Set a hearing for December 6, 2023 for Road File No. PAB-0225 to consider the request to abandon that portion of the easement described in Patents 1173276 and1183147 lying in the Northwest quarter of Section 5 – T4N, R3E, of the Gila and Salt River Meridian, Maricopa County, Arizona Located in the general vicinity of Jomax Road and Central Avenue and known as Assessor Parcel Numbers 210-13-020, 210-13-049A, and 210-13-49B. Supervisory District No. 3. (C-64-24-037-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 59. PATENT EASEMENT ABANDONMENT: ROAD FILE NO. PAB-0235 Set a hearing for December 6, 2023, for Road File No. PAB-0235 to consider the request to abandon that portion of the easement described in Patent 1175802, lying in the Southwest quarter of Section 22 – T5N, R4E, of the Gila and Salt River Meridian, Maricopa County, Arizona. Located in the general vicinity of 64th Street and Dixileta Drive and known as Assessor Parcel Number 216-67-040A. Supervisory District No. 2 (C-64-24-038-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 60. ROAD FILE NO. 6005 Set a hearing for November 1, 2023, for Road File No. 6005 to Open and Declare the following streets into the County Transportation System. In accordance with A.R.S. Titles 28-6701, 6702(A)(3) and 11-822(C) it is recommended by the Department of Transportation Director, that the Board of Supervisors Open and Declare the following streets in Zanjero Trails Phase 1C Parcel 36 Phase 2 into the County Transportation System, Road File No. 6005. Formal Meeting Minutes 09/27/2023 Page 38 of 50 OPEN AND DECLARE ROAD FILE NO. 6005 All interior streets consistent with the rights-of-way, as depicted in Re-Plat of Zanjero Trails Phase 1C – Parcel 36 - Phase 2 a subdivision as shown in Book 1430 of Maps, Page 04, M.C.R. and lying in the Northeast Quarter of Section 16, T2N, R2W of the GSRB&M, Maricopa County, Arizona. General Vicinity: Bethany Home Rd and Perryville Rd and in an unincorporated area. Supervisor District No. 4 A map or plat depicting such streets is attached. In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (C-64-24-041-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 61. ROAD FILE NO. 5931-R Set a hearing for November 1, 2023, to adopt a resolution for Road File No. 5931-R to declare streets in Velda Rose Estates East Unit 3 as shown in Book 139 of Maps, Page 26 AND Velda Rose Estates East Unit 4 as shown in Book 150 of Maps, Page 37 into the County Maintenance System. In accordance with A.R.S. Titles 28-6701, it is recommended by the Department of Transportation Director that the Board of Supervisors Open and Declare the following streets in Velda Rose Estates East Units 3 & 4 into the County Maintenance System, Road File No. 5931-R. OPEN AND DECLARE ROAD FILE NO. 5931-R Portions of the Northwest quarter of Section 24, Township 1 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: All streets, consistent with the rights-of-way as depicted in Velda Rose Estates East Unit 3, a subdivision recorded in Book 139 of Maps, Page 26, the Office of the Recorder of Maricopa County. EXCEPT any portion lying within 63rd Street. Together with all streets, consistent with the rights-of-way, as depicted in Velda Rose Estates East Unit 4, a subdivision recorded in Book 150 of Maps, Page 37, the Office of the Recorder of Maricopa County. Except any portion lying within 63rd Street. Together with the right-of-way dedication as described in the Quit Claim deed recorded as instrument 2023-0075521 at the Office of the Recorder of Maricopa County. Exhibits for Road File 5931-R are attached. General Vicinity: Recker Road and University Drive, lying within Supervisor District 2, in an unincorporated area. Formal Meeting Minutes 09/27/2023 Page 39 of 50 In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (C-64-24-042-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo CONSENT AGENDA - AGENDA DE CONSIENTA Clerk of the Board Consent Agenda - Secretaria de la Junta Agenda de Consienta 62. 2023 REPORT OF SPECIAL TAXING DISTRICTS Pursuant to A.R.S. § 11-251.07, approve the 2023 Report of Active Special Taxing Districts existing under Title 48 in the County during the preceding year except those municipal and county improvement districts excluded per statute. The 2023 Report of Special Taxing Districts shall be on file in the Office of the Clerk of the Board and retained per ASLPR guidelines. (All Supervisorial Districts) (C-06-24-153-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 63. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENT TO THE BOARD OF TRUSTEES FOR THOROUGHBRED FARMS IWDD NO. 43 Approve the Cancellation of Election and Appointment of Trustees pursuant to A.R.S. §16- 410(A) and the letter received from Thoroughbred Farms IWDD No. 43: 1. Cancel the election scheduled to be held on November 15, 2023. 2. Appoint Geoffrey Zinnecker, Michael Bounds, and Edward Sloat to fill the expired terms. The appointed Trustees shall serve a two-year term effective January 1, 2024 through December 31, 2025, OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial District 4). (C-06-24-163-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 64. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE BOARD OF DIRECTORS FOR QUEEN CREEK IRRIGATION DISTRICT Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16- 410(A) and the letter received from Queen Creek Irrigation District: 1. Cancel the election scheduled to be held on November 14, 2023; 2. Appoint Steve Sossaman to fill the expired term. Formal Meeting Minutes 09/27/2023 Page 40 of 50 The appointed Directors shall serve a three-year term commencing January 1, 2024 through December 31, 2026 OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial Districts 1). (C-06-24-172-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 65. CANCELLATION OF ELECTION AND APPROVAL OF APPOINTMENTS TO THE BOARD OF DIRECTORS FOR WOOLSEY FLOOD PROTECTION DISTRICT Approve the Cancellation of Election and Appointment of Directors pursuant to A.R.S. §16- 410(A) and the letter received from Woolsey Flood Protection District: 1. Cancel the election scheduled to be held on October 4, 2023; 2. Appoint Thomas de Jong to fill the expired term. The appointed Directors shall serve a four-year term commencing January 1, 2024 through December 31, 2027 OR until his/her successor is elected and qualified. A person who is appointed pursuant to A.R.S. §16-410(A) is fully vested with the powers and duties of the office as if elected to that office (Supervisorial Districts 5). (C-06-24-204-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 66. CIVIL PENALTY APPEALS - FOR APPROVAL Pursuant to A.R.S. §42-12052, for property owners who timely satisfied the requirements of primary residence status: 1. Approve property owners' appeals of a civil penalty assessment, direct the Assessor to reclassify the subject properties to class three, and waive the civil penalty. 2. Approve the related resolutions associated with changing the legal classification to class 3 (owner occupied) pursuant to A.S.R. §42-12003 and apply State Aid Credit, if applicable. 3. Direct the Treasurer to make conforming corrections to the property owners’ tax bills and send notifications of the change in tax liability. A list of recommended parcels is attached and will be on file in the Clerk of the Board's Office in accordance with LAPR approved retention schedule. (C-06-24-201-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 67. CLEARING UNCOLLECTIBLE TAX Pursuant to A.R.S. § 42-19118, the certificate of clearance for the attached list of parcel numbers and tax years is presented to the Board of Supervisors for consideration and approval. Formal Meeting Minutes 09/27/2023 Page 41 of 50 The certificate of clearance and Sheriff’s affidavits are on file with the Clerk of the Board's Office and retained in accordance with the Arizona State Library Archives and Public Records (ASLAPR) approved retention schedule. (C-43-24-025-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 68. DONATIONS PARKS AND RECREATION In accordance with County Policy A2508, accept the monthly donation report received from Parks and Recreation for August 2023, for a cash value of $685.08. (C-06-24-162-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 69. DONATIONS In accordance with County Policy A2508, accept the donation report received from Environmental Services for the month of September 2023 for a cash value of $288. (C-88-24-002-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 70. MONTHLY DONATIONS REPORT – JULY Accept the monthly donations reports from Maricopa County Sheriff's Office (MCSO) for the month of July with a cash value of $1,196.00. Also accept the non-cash donations reports from MCSO for the month of July with a non-cash value of $1,465. All the cash and non-cash donations were designated for MASH, the Maricopa County Sheriff’s Animal Safe (C-50-24-043-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 71. HEAD START PROGRAM REPORT FOR JULY 2023 Receive the Head Start report for July 2023 submitted by the Human Services Department. Program Enrollment Number of Children Served with Disabilities Program Eligible Children on Waitlist Funding Amount and Expenditures Parent Education & Volunteer Hours (C-22-24-014-X-00) Formal Meeting Minutes 09/27/2023 Page 42 of 50 Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 72. 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-06-24-161-X-00) Name Warrant No Amount Dept/School The Stepping Stone Group, LLC 3700661436 11,827.50 Litchfield Elementary Dist. #79 Jennifer Larson 3700666190 545.96 Litchfield Elementary Dist. #79 Learning Systems Inc. 3700639230 7,000.00 Isaac Dist. #5 Daniela Morales 3700657615 225.87 Fowler Elementary Dist. #45 Maria Xiomara Herrera 3700680669 1,426.97 Tolleson Elemnetary Dist. #17 Rhonda Wood 3700684305 733.13 Qeeen Creek Unified Dist. #95 Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 73. 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-06-24-170-X-00) Name Warrant No Amount Dept/School Doma Insurance Agency of AZ Inc. 945029 1,829.25 Treasurer Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 74. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Board of Supervisors meeting held on January 23, 2023; January 25, 2023; April 10, 2023; May 5, 2023; May 8, 2023; September 11, 2023 (C-06-24-165-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo Formal Meeting Minutes 09/27/2023 Page 43 of 50 75. TAX ABATEMENTS Pursuant to A.R.S. § 42-18353, the tax abatement requests for the parcel numbers and tax years listed below are presented to the Board of Supervisors for consideration and approval. Parcels Tax Years Amount 973-55-787 2017-2019 $322.58 102-55-007 2018-2019 $18,649.42 (C-43-24-026-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 76. TREASURER'S COLLECTIONS AND DISBURSEMENT SUMMARY FOR AUGUST 2023 Pursuant to A.R.S. § 11-501, accept the Treasurer's Collections and Disbursement Summary for August 2023, 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-43-24-027-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo BOARD OF SUPERVISORS ADDENDUM - ADÉNDUM DE LA JUNTA DE SUPERVISORES Transportation 77. SETTLEMENT IN MARICOPA COUNTY V. TRANG THI B NGO, ET AL., MARICOPA COUNTY SUPERIOR COURT CASE NO. CV2021-004707 Approve settlement of Maricopa County v. Trang Thi B Ngo, et al., Maricopa County Superior Court Case No. CV2021-004707, in the amount of $320,000, together with statutory interest, to the Defendant Property Owner. This item was heard in Executive Session on September 25, 2023. (C-64-24-040-X-00) Motion to approve by Supervisor Jack Sellers, seconded by Supervisor Bill Gates Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo ~ Agenda item #78 was taken out of order and heard after item #22 ~ Elections 78. PRECINCT COMMITTEEMEN Pursuant to A.R.S. §16-821(B), determine whether a vacancy (or vacancies) exists in the office of Precinct Committeemen and, if so, make appointments to that office. The list of suspected vacancies and recommended nominations is on file in the Clerk of the Board’s Formal Meeting Minutes 09/27/2023 Page 44 of 50 Office and retained in accordance with Arizona State Library, Archives, and Public Records (ASLAPR) approved retention schedule. (C-06-24-209-X-00) Correctional Health 79. AMENDMENT TO THE AGREEMENT WITH TERROS HEALTH INC Approve Amendment #1 to the Agreement between Maricopa County (County) and TERROS, INC., DBA TERROS HEALTH (“TH”) to extend the term for a twelve (12) month period. In 2022, Correctional Health Services (CHS) and TH entered into an agreement to establish a program aimed at increasing access to Medication Assisted Treatment (MAT), Opioid Use Disorder (OUD) recovery support services and raising awareness about opioid prevention for individuals transitioning from incarceration to the community. There is no financial impact to either party assigned by this Agreement; the Agreement is intended to allow TH and CHS to work together to better address the needs of the community. Additionally, this Amendment adds language for Written Certification Pursuant to A.R.S. § 35-393.01 and Governing Laws, and all other remain unchanged. (C-26-23-006-X-01) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo County Attorney 80. CONTINENTAL 155 FUND V. MARICOPA COUNTY, TX2017-000143, TX2018-000640 Approve the settlement of the tax appeals from TY2018 and TY2019-2023 as discussed in executive session on September 25, 2023. (C-19-24-050-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 81. CASTLE PHOENIX, LLC V. MARICOPA COUNTY; TX2017-000027, TX2018-000643 Approve a settlement of the above cases as discussed in executive session on September 25, 2023. (C-19-24-049-X-00) Motion to approve by Supervisor Thomas Galvin, seconded by Supervisor Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: 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. Formal Meeting Minutes 09/27/2023 Page 45 of 50 CALL TO THE PUBLIC - LLAMADO AL PUBLICO 87. 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.) If you would like to send a written comment, please send email to agenda.comments@maricopa.gov . 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 limite sus 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.) Si le gustaría mandar sus comentarios por escrito favor de enviarlos por correo electrónico a agenda.comments@maricopa.gov. Comentarios escritos se resumirán en la reunión tomando nota del tema o temas. Todos los comentarios escritos se remitirán a cada Oficina de la Junta para su revisión. SUMMARY OF CURRENT EVENTS - EL RESUMEN DE TEMAS DE ACTUALIDAD ~ Vice Chairman Sellers left the meeting and would not return ~ Chairman Hickman asked the Clerk if there was anything to report regarding Public Comment email responses. The Clerk said there were several emails received on various agenda items and have been shared with the Board offices. She also reported there were several speaker forms received. Chairman Hickman asked Andrea Cummings, Legal Counsel, to please review the guidelines for public comment. Kevin Maldonado, resident, spoke in opposition to the Precinct Committeemen Policy. He noted he is the Treasurer in LD 3. He commented about Chairman signatures on the new form and about how the power should reside in We the People. John Cain, resident, noted that LDs have no authority to remove or suspend a person. He would like to see the Board exert pressure on the Legislature so the LDs have more authority. William Brettner, resident, spoke about the importance of election integrity. Mike Peterson, resident, spoke about election integrity and wanted the Board to take responsibility. Chris Hamlet, resident, PC, SC for LD9 said he was upset that the Board has involved itself in the PC Policy issue. Formal Meeting Minutes 09/27/2023 Page 46 of 50 Elwood Kuentzler, resident, handed affidavits to the Clerk and made comments about LD chairs that came to the previous Formal board meeting. Merissa Hamilton, resident, complained about the size of paper cups provided for drinking water. She also talked about the explicit material in the public library. Ms. Hamilton noted that the County Recorder should add voter notifications to voter registration changes. Robert Canterbury, resident, talked about the importance of voting and elections. He said there are alternatives ways to counting the votes other than using Dominion machines. He also spoke on the water cup issue. Lezley Shephard, resident, spoke about the Arizona Constitution, individual rights, and water. Nancy Wilming, resident, spoke about elections, voting registration process, and the Election Registration Information Center (ERIC). Sarah O’Neill, resident, spoke about concerns on using electronic voting machines for elections. Susan Ellsworth, resident, was called to speak but was not present. Veronica Corcoran, resident, spoke about We the People, LD comments, and human trafficking. Blue Crowley, resident, spoke about a Maricopa Association of Governments (MAG) retreat that he attended where, if Legislation passes, 3.5 percent of Regional Public Transportation Authority (RPTA) funding will go to the light rail. He noted Valley Metro Rail plans are for mass transit, the bus system, and code of conduct on the rail. Barbara Ratti, resident, spoke on state statute, the constitution, and the elections process. She asked the Board questions about elections contracts. Jeff Caldwell, resident, spoke on the Precinct Committeemen policy. 88. Supervisors'/County Manager's summary of current events - Resumen de temas de actualidad de los Supervisores/Administrador del Condado Supervisor Galvin said he is under the weather and hopes to make it to the next Formal meeting in person. Supervisor Gates cheered on the Diamondbacks in the playoffs. He spoke about a person’s constitutional right to practice their religion and freedom of speech. He said he was proud of his guest, Ms. Shiba Walizada, a heroine from Afghanistan, and offering a prayer in her religion and language. Chairman Hickman appreciated County staff and agencies for their help. He said he believes in the public comment period, and encourages the public to stay and hear what the Board is doing in their Districts. He spoke about the County’s partnership with the City of El Mirage to open a park for the community in a flood control structure. Chairman Hickman appreciates the Board for helping small communities in their Districts. He noted the PC process and doing it openly and transparently to bring good government. Formal Meeting Minutes 09/27/2023 Page 47 of 50 MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. ______________________________ Clint Hickman, Chairman of the Board ATTEST: ____________________________ Juanita Garza, Clerk of the Board Formal Meeting Minutes 09/27/2023 Page 48 of 50 FLOOD CONTROL DISTRICT AGENDA - AGENDA DE DISTRITO DE CONTROL DE INUNDACIONES The Board of Directors of the Flood Control District convened in Formal Session at 9:30 AM on Wednesday, September 27, 2023, 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; Thomas Galvin, Director, District 2 (remote); Bill Gates, Director, District 3 (remote); Absent: Steve Gallardo, Director, District 5. Also present: Juanita Garza, Clerk; Mia Vargas, Minutes Coordinator; Jen Pokorski, County Manager; Andrea Cummings, Legal Counsel. 82. MINUTES Pursuant to A.R.S. §§38-431.01 and 11-217, approve the minutes of the Flood Control District meeting held on January 25, 2023; March 3, 2023; May 24, 2023 (C-06-24-166-X-00) Motion to approve by Director Thomas Galvin, seconded by Director Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 83. DECLARE/SELL EXCESS PARCEL - FCD T-2109-2 Pursuant to A.R.S. §48-3603, the Flood Control District requests the Board of Directors declare one (1) parcel as excess to the needs of the District. Conveyance documents for the sale of the parcel will be presented to the District Board of Directors for acceptance and signature at the time of sale. Parcel information: 1. East of N. Ellsworth Rd. and North of E. Brown Rd. in Mesa, AZ. 2. Assessor Parcel Number – 220-01-016A 3. FCD Parcel# T-2109-2 – +/- 0.014 AC or +/- 610 SF 4. Parcel Zoned – RS-43, Mesa, AZ The District utilizes its Disposition Program on all excess properties to evaluate them for the best potential of sales or leasing, depending on current market information. The property would be sold at public auction. The District is unaware of what title, if any, it has in this parcel. What interest it does have will be sold via a Quitclaim Deed. This item is located in Supervisory District #2. (C-69-24-010-X-00) Motion to approve by Director Thomas Galvin, seconded by Director Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 84. ON-CALL QUALITY ASSURANCE MANAGEMENT AND MATERIALS TESTING SERVICES CONTRACT NO. FCD 2023C009 Award Contract FCD 2023C009 Quality Assurance Management and Materials Testing to Ninyo & Moore to provide Professional On-Call Services. The contract will be effective for 730 calendar days from the date of execution or the expenditure of $5,000,000.00, whichever comes first, with the option to renew for up to an additional 730 calendar days. The Flood Control District of Maricopa County (District) and Ninyo & Moore will mutually agree to a detailed scope of work for each work assignment. This is a qualifications-based selection in Formal Meeting Minutes 09/27/2023 Page 49 of 50 accordance with the Maricopa County Procurement Code, Article 5, Paragraph 504, and Article 5 Procurement Procedures Manual, Chapter II – Section 2. This Agenda Item impacts all Supervisorial Districts. (C-69-24-011-X-00) Motion to approve by Director Thomas Galvin, seconded by Director Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 85. CHANGE ORDER TO ON CALL CONTRACT FOR VINEYARD ROAD FLOOD RETARDING STRUCTURE REHABILITATION PROJECT Approve Change Order No. 10 to On-Call Contract FCD 2013C004 for the design services of Vineyard Road Flood Retarding Structure Rehabilitation Project (Vineyard Rehab Project). Change Order No. 10 for On-Call Contract FCD 2013C004 adds funds in the amount of $1,700,000 to the existing contract increasing the value of the contract to $10,700,000. The additional funds are required to perform additional scope items on the Vineyard Phase 2 and Phase 3 final design, filter test fill and Phase 2 Construction Post Design Services for the Vineyard Rehab Project. Approve Change Order No. 10 for revised labor rates for Stantec Consulting and their subcontractors. No additional time is needed for this contract. This item impacts Supervisorial District 1. (C-69-14-028-5-04) Motion to approve by Director Thomas Galvin, seconded by Director Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: Steve Gallardo 86. IGA FOR ARIZONA DEPARTMENT OF WATER RESOURCES NON-APPLICATION TECHNICAL REVIEW SERVICES AND REGULATORY INPUT Approve Intergovernmental Agreement (IGA) FCD2023A007 for Arizona Department of Water Resources (ADWR) Non-Application Technical Review Services and Regulatory Input on Non-application Related Activities between the Flood Control District of Maricopa County (District) and the Department. The District agrees to pay $110.00 per labor-hour based on actual labor-hours worked (invoiced quarterly) not to exceed $300,000.00 per District fiscal year (July 1st through June 30th) for costs incurred by ADWR in providing the detailed non-application technical reviews and regulatory input by qualified ADWR staff under each year of this agreement from September 27, 2023, through June 30, 2028. Non-application technical reviews and regulatory input provided by ADWR to the District includes investigations and design documents for District Dam; Rehabilitation, Modifications, Alterations, Replacement and Repair Projects as applicable to all District ADWR Jurisdictional Dams and related features; Right-of-Way Use Permits by others for District Dams and related features; District Emergency Action Plans and related documents; all other ADWR activities for District Dam as needed to meet the purpose of this agreement with the exception of ADWR permitted construction for District Dams and related features and with the exception of ADWR annual dam safety inspections of District Dams. This Agenda Item impacts all Supervisorial Districts. (C-69-24-012-X-00) Formal Meeting Minutes 09/27/2023 Page 50 of 50 Motion to approve by Director Thomas Galvin, seconded by Director Jack Sellers Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates Absent: 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: ___________________________ Juanita Garza, Clerk of the Board