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HomeMy WebLinkAbout07/07/2008 Council Agenda Packet`OWN OF _ :.~ v MARANA ~ gRIZONp REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 July 1, 2008, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Jon Post Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. AS A COURTESY TO OTHERS PLEASE TURN OFF OR PUT IN SILEM MODE ALL PAGERS AND CELL PHONES. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than June 30, 2008, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances ~nWN OF ~::~:. I q MArIAn~A gRIZONP A. CALL TO ORDER AND ROLL CALL REGULAR MEETING B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE - Chaplain Rogelio A. Wilson, Rising Star Missionary Baptist Church C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. Dave Wostenberg E. PRESENTATIONS - 1) Presentation: Star Spangled Spectacular -July 4 Event (Tom Ellis) REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 July 1, 2008, at or after 7:00 p.m. 2) Presentation: U.S. Army Flight Training Detachment (Jeremy Christopher) 3) Presentation: Development Services Master Improvements Plan (Josh Wright) ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS ~pW N nF v MARANA ~ gRIZ~nP I. CONSENT AGENDA GENERAL ORDER OF BUSINESS The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 July 1, 2008, at or after 7:00 p.m. 1. Resolution No. 2008-87: Relating to Utilities; approving and authorizing the execution of a Mutual Aid Agreement an Intergovernmental Agreement Among Members of the Arizona Water and Wastewater Agency Response Network (Brad DeSpain) 2. Resolution No. 2008-88: Relating to Water Service; approving and authorizing the execution of the Intergovernmental Agreement between the Town of Marana and the University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona (Brad DeSpain) J. COUNCIL ACTION 1. Resolution No. 2008-89: Relating to Administration; Appointing Gilbert Davidson as Town Manager (Mayor Ed Honea) K. BOARDS, COMMITTEES AND COMMISSIONS 1.Ordinance No. 2008.15: Relating to Boards, Committees and Commissions; accepting the recommendations of the special Council Taskforce on Advisory Commissions; amending sections 2-6-2 and 2-6-3 of the Town Code; amending the commission handbook and bylaws; and declaring an emergency (Gilbert Davidson) L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Legislative Issues: Discussion/Direction/Action regarding all pending legislation (Mike Reuwsaat/Stephen Romero) M. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. ~pW N OF 9 MARANA ~ gR1ZONP REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 July 1, 2008, at or after 7:00 p.m. 2. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131. 3. Executive Session pursuant to A.R.S. § 38-431.03(A)(4), discussion and consultation with the Town's attorneys concerning the lawsuit entitled Fidelity National Title v. Town of Marana, Pima County Superior Court No. 020082776. 4. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers 226-15-0020, -020D & -002B; 226-15-008B, -017B, -018B & -019A; 221-04-OOSB, 226-36-OOSB & - OOSC; and 226-15-008A & -018D; and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT tpWN Oar TOWN COUNCIL MEETING TOWN OF MARANA ' "'~~~~ " ' 9 MARANA ~ INFORMATION ~"` gRIZON~' MEETING DATE: July 1, 2008 AGENDA ITEM: E. 1 TO: MAYOR AND COUNCIL FROM: Tom Ellis, Director, Parks and Recreation Department SUBJECT: Presentation: Star Spangled Spectacular -July 4 Event DISCUSSION This year, the Town of Marana's annual Star Spangled Spectacular -July 4 Celebration will be held in Ora Mae Harn Park beginning at 6:00 p.m. and continuing until 11:00 p.m. This year's title sponsor is Meritage Homes. The fireworks show will begin at 9:00 p.m. Our Master of Ceremonies is KOLD's Dan Marries. "Exit 303" will perform on the main stage starting at 7:00 p.m. There will be military exhibits, jumping castles and activities for the kids, a watermelon eating contest, and the vendor plaza with information, arts and crafts, food, and fun. Public parking is available for $5 at the MUSD field west of Postvale Road accessed from Barnett Road and the I-10 Frontage Road. Other sponsors for this event include Comcast Cable, KOLD News, Marana News, The King's Carnival, and Tucson Newspapers. A V.I.P. Dinner is available at the Marana Senior Center from 5:00 p.m. to 8:00 p.m. Invitations have been mailed. The Mayor and Town Council will park in their designated spots at the Marana Municipal Complex. Ana Anderson, Recreation Coordinator, has done a magnificent job coordinating this year's event. Thanks also, to Marana Police Department, Public Works Traffic Engineering, Operations and Maintenance, and the Town Manager's Office for their assistance. ~owN oa TOWN COUNCIL .~~ MEETING TOWN OF MARANA q ~Afz~'A ; INFORMATION gR12UN1' MEETING DATE: July 1, 2008 AGENDA ITEM: E. 2 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Presentation: U.S. Army Flight Training Detachment -Peace Vanguard DISCUSSION LTC- Greg Bush and Adjutant General Jeremy Christopher from U.S. Army Flight Training Detachment -Peace Vanguard at Pinal Airpark will be introducing the outgoing commander, LTC Samuel Tan, Republic of Singapore Air Force (RSAF) and the incoming commander, LTC Sam Peng. There will give abrief -slide presentation and overview of the Country of Singapore, Singapore Air Force, and the mission of the Peace Vanguard in training Singapore pilots to fly the Apache Attack Helicopter at Pinal Airpark. ~nWN OF TOWN COUNCIL ~~-"" MEETING TOWN OF MARANA q'MARnw~ ; INFORMATION gR12UN1' MEETING DATE: July 1, 2008 AGENDA ITEM: E. 3 TO: Mayor and Council FROM: Joshua H. Wright, Assistant to the Town Manager SUBJECT: Presentation: Development Services Master Improvements Plan DISCUSSION The Town of Marana Development Services Center (DSC), comprised of the core departments of Planning, Building Safety, and Public Works, as well as the support departments of Utilities and Technology Services, formed the Development Services Process Improvement Initiative (DSPII) in 2007 after several years of discussion on how to create a program for improving the efficiency and effectiveness of development processes. The goals of the DSPII are as follows: * Determine where the development process can be streamlined * Ensure financial and operational accountability in the DSC * Create appropriate performance measures for DSC processes and staff * Ensure that the customer consistently receives the highest quality service when utilizing the DSC Since the inception of the DSPII, DSC, staff have been working to achieve the program's goals and have made a number of significant achievements by creating a more customer-friendly DSC and making its process more transparent to the public and business. community. To ensure that progress continues, DSC staff formed a "Master Improvements Plan" which outlines what has been achieved in the DSPII to date as well as what actions need to be taken in the future. The Master Improvements Plan provides also provides staff assignments and completion timeframes for each recommended action. On June 12, 2008, the DSC Master Improvements Plan was presented to the DSC Citizens Advisory Committee, a group made up of area business leaders who review DSC process improvements and make recommendations on future actions. The Committee approved the Master Improvements Plan 5-0 and recommended that it be brought before Council for a presentation. ATTACHMENTS DSC Master Improvements Plan. ~'~-~ MARANA /I\ TOWN OF MARANA DEVELOPMENT SERVICES CENTER ~DSC~ DEVELOPMENT SERVICES PROCESS IMPROVEMENT INITIATIVE (DSPII) MASTER IMPROVEMENTS PLAN JUNE 2008 DSPII Participants Marana Town Council: Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Councilmember Patti Comerford, Councilmember Carol McGorray, Councilmember Jon Post, Councilmember Roxanne Ziegler, Councilmember Michael A. Reuwsaat, Town Manager Development Services Center Advisory Committee: Paul Parisi, Chair, Tucson Metropolitan Chamber of Commerce Read Bryant, Cartridge World Marty Hill, Fidelity National Title Chuck Luhtala, Canyon Community Bank Steve Miklosi, Breakers Water Park Michele O'Brien, Long Realty Michael Ross, Casas Bonitas Development Ed Stolmaker, Ex-Officio, Marana Chamber of Commerce Development Services Process Improvement Initiative (DSPII) Team Members: Gilbert Davidson, Deputy Town Manager Breanne Lorefice, Administrative Assistant to the Deputy Town Manager Tim Mattix, Development Services Records Manager Josh Wright, Assistant to the Town Manager Kevin Kish, Planning Director Lisa Shafer, Assistant Planning Director Barbara Johnson, Public Works Director Keith Brann, Assistant Public Works Director /Town Engineer Ryan Benavides, Assistant Public Works Director John Huntley, Building Official /Building Safety Director Brad DeSpain, Utilities Director Ann Meaders, Utilities Administrator Mike Mencinger, Operations & Maintenance Director Goals of the DSPII Goal 1: Determine where the development process can be streamlinea~ The DSPII seeks to move customers through the development process as efficiently and effectively as possible. Unnecessary or repetitive steps required of customers due to antiquated internal procedures should be reanalyzed and removed. Goa12: Ensure financial and operational accountability and transparency in the Development Services Center (DSC). DSC customers and the general public should clearly understand the development, review and permitting processes related to their individual projects. Financial information on the operation of the DSC should be readily available and managed prudently, and customers should feel they have maximized the value of dollars spent utilizing DSC services. Goa13: Create appropriate performance measures for DSC processes and staff. Staff, programs and procedures should all beheld to the highest standards of professionalism, service, and excellence. Indicators and analyses should be put in place to track the progress of the DSPII and its affiliated personnel. Goa14: Ensure that the customer consistently receives the highest quality service when utilizing the DSC. DSC customers should speak highly of their experience working with the Town of Marana and should feel satisfaction in the design, review, permitting, and development of their projects. Phase I: Projects Completed 1) "Full-Circle" Notification Letter: A common problem in development services is a lack of communication between all involved parties: the Town, the contractors (engineers, architects, builders, etc.) and the owner /developer of the land on which the project is occurring. This letter, initiated by the Planning Department, notifies all parties whenever a significant action or change is made, ensuring that everyone involved is kept current on project status. 2) Post-Council Letter: This letter is sent to an applicant after his /her project is considered by the Mayor and Town Council. The correspondence details the results of the public body's hearing on the project in question and outlines the next steps in the development process. 3) DSC Advisory Committee: The Development Services Advisory Committee was formed in 2008 as aseven-member public body to provide guidance to DSC staff on the DSPII. The Committee, representing various elements of development community, meets once per month to advise DSC staff on perceptions of the DSC in the development community and how the Town can be more customer-friendly. 4) DSC Records Management Center: The DSC Records Management Center opened in the fourth quarter of 2007 as a central receiving and processing point for all records, materials and documentation relating to public and private development occurring within the Town of Marana. A staff of three, including a DSC Records Manager, operate the center, which includes storage, copy, scanning, archiving, retrieval and statistical support functions. 5) DSC Directors Roundtable Meetings: Occurring weekly, the DSC Directors Roundtable Meetings include all executive-level staff who work in the DSC, including the department heads of Planning, Building Safety, Public Works, and their respective deputy / assistant directors. During these meetings, staff collaborate on major public and private projects within the Town, as well as discuss process improvement initiatives such as the DSPII. For special projects, appropriate directors from other departments are included, such as the Marana Regional Airport, Parks and Recreation, and Operations and Maintenance. 6) In-House Addressing: In the summer of 2007, the Town of Marana became the first Pima County municipality to return official addressing functions to the city and town level. Previously issued by Pima County Development Services, address cards are necessary for development to occur within the Town. Hosting addressing services in-house through the Town's Technology Services department aids in Marana's goal of being a "one-stop shop" for development. 7) New DSC Website / Webpa~e: A new, centralized DSC webpage was launched in May 2008 with links to other DSC department webpages, as well as information on the DSC Records Division, updates on major community projects that may affect development, marketing materials, and information on DSC processes and procedures. DSC staff will continue to research the feasibility of having the DSC webpage linked to a different URL to facilitate direct access for customers, similar to what is done at Pima County and other jurisdictions (e.g. www.pimaxpress.com). 8) CRW Permit Trak Data Cleanup and GIS Inte rag tion: Because of poor quality data being repeatedly inputted into the CRW permit tracking software, it is has been virtually impossible to obtain useful reports on the efficiency with which the DSC processes permit applications. To address this situation, the Technology Services department implemented a process to repair the data in the CRW system's Permit Trak module, cleaning and standardizing it to the point where it is uniform enough to produce management-level reports. At the same time, data in the CRW system was linked via its Land Trak module to information in the Town's GIS system, providing a method to ensure consistency and accuracy for future data entry. 9) Online Mapping: Within the past two years, the Geographic Information Services and now Technology Services departments have improved DSC staffs ability to visualize data by replacing the outdated MarGIS application with a new, web-based version of the program. In the past year, this application has been made available to members of the general public, including the development community, and is accessed through the Town's website. This tool allows the user to not only view satellite and orthographic imagery of the Town, but also utilize multiple layers of parcel data to help make better development decisions. Phase II: To Be Completed by June 30, 2009 1) Form Standardization: All forms used by DSC customers relating to development process and permits will be standardized. Similar formats, headings, and typesets should be used, and forms for the Building Safety, Public Works, and Planning departments should be color-coded by department. Lead Staff: DSC Administration 2) Customer Service Survey: A new customer service survey of DSC will be created and launched. This survey will correct the problems that were present in the old customer service survey, and will be tailored to which services each customer actually used (i.e. Building Safety customers will receive a Building Safety survey). The surveys will be color-coded in the same color scheme as used for the forms standardization project, and will be available in multiple formats: website, paper copy, electronic kiosk, mail postcard, and others as logical or necessary. Data from the surveys will be regularly collected, analyzed and presented to DSC directors and the DSC Advisory Committee. Lead Staff: DSC Administration 3) Marketing; Materials: The DSC will develop marketing materials to better communicate with its customers. These marketing materials will include, but shall not be limited to: information on services offered by DSC, step-by-step guides or checklists for processing a project through all DSC and related departments, press releases on significant DSC achievements, and information on current DSC permitting turnaround timeframes. The marketing materials will be distributed as broadly as possible. Lead Staff: DSC Administration, Public Information Office 4) In-House Cop~g & Scanning Services: The creation of the DSC Records Division in fa112008 and the purchase of new copying, scanning, printing, and records retrieval software and equipment shortly thereafter has enabled DSC to decrease its outsourcing of reproduction services. Presently, the DSC Records Division is in a pilot phase of handling all plan set scanning and copying for several DSC departments; this service should be expanded to include all DSC departments as soon as the pilot phase concludes. Hosting these services in-house is expected to cut up to a week off the total time necessary to review and process plan sets for DSC customers. Lead Staff: DSC Records Management Division 5) Electronic Plan Submission: Most of the outside contractors used by the DSC staff and customers alike (e.g. architects, engineers, etc.) utilize electronic drafting equipment and software to produce plans and documents. Rarely are hand-drawn plans submitted to DSC staff for review. Presently, however, all plans submitted to the DSC for review must be hard copies as no electronic submission system exists for transmitting plans without first printing them. This situation creates an incredible waste of paper and time. To correct this problem, DSC staff will explore options and create a pilot program for electronic plan transmission between town staff, contractors, applicants, and other interested parties. Lead Staff: Building Safety, Technology Services 6) Analysis /Training for Over-the-Counter Permitting The DSC will develop a program that identifies and lists permits for which plans can be processed "over-the counter," or otherwise require very little review and can be submitted by and returned to the applicant while he or she waits in the DSC lobby area. These specific types of reviews, after being identified, will be marketed to the public as an available DSC program and DSC staff will be provided with appropriate training to provide these services. Lead Staff: Planning, Building Safety, Public Works 7) Audit of DSC Cash Handling Procedures: DSPII staff will research and select an option for performing an audit of the cash handling procedures for the DSC, including cash intake /collections /billing, receipting, transmission to other outside agencies and contractors, accounting, and other elements as logical or necessary. The audit maybe performed using in-house staff or may require the use of an outside auditor. Lead Staff: DSC Administration, Finance 8) Research of Satellite Office: Because of the Marana Town Hall's somewhat remote location from the rest of the Tucson Metropolitan Area, the feasibility of opening a satellite DSC office further south will be researched and all options fully vetted. An analysis of staffing and space requirements for such an office will also be performed, as will a determination of what types of services should be offered at that location. Should a satellite office be determined to be a viable option, implementation may also occur in this or any phase of the improvements plan. Lead Staff: DSC Administration 9) Small Business Feedback Forums: The DSC will work in conjunction with the Marana Chamber of Commerce to host several Small Business Feedback Forums throughout the fiscal year. These forums should generally consist of educational sessions on DSC processes, procedures and improvements, and act as a vehicle for DSC staff to receive feedback on small business owners' satisfaction with services they have received from the DSC. Lead Staff: DSC Administration, Economic Development Office 10) Community Educational Sessions: The DSC will host several educational sessions throughout the fiscal year for members of the business, construction, and development communities regarding DSC permitting and plan review. The focus of these sessions will be what the town's DSC procedures and land use codes require in a plan submittal that maybe different from other neighboring jurisdictions, improvements to the DSC's processes and technologies, and other topics as logical or necessary. These educational sessions may be modeled after those already occurring in several nearby jurisdictions. Lead Staff: DSC Administration, Building Safety, Planning, Public Works 11) Post Application /Closeout Meetings: Presently, the town's Planning department hosts the "Pre-Application" meeting series. In these meetings, private sector developers and their consultants are asked to meet with town staff before submitting any plans for their projects to determine the projects' feasibilities and any potential difficulties in moving the project through the development review process. Invited representing the public sector are the three core DSC departments, as well as the town's water department, the Northwest Fire Rescue District, and any other entities that may need to review the project plans. These meetings have proved extremely productive in catching potential development obstacles early-on in the process before time and money are wasted. However, there is presently no corresponding meeting after the project's completion, leaving many developers with temporary certificates of occupancy, non-returned or non- cashed performance bonds, and files and records that have not been closed out. To ameliorate this problem, the DSC will organize a "post-application" meeting series, in which the same participants on both the public and private sides will be required to collaborate to fully close out projects. Lead Staff: DSC Administration, Building Safety, Planning, Public Works 12) Research and Implement Options for DSC Teambuilding_ DSPII staff will research and then implement options to improve teamwork, cooperation, and a sense of pride in their place of work among DSC staff members. Options may include events, training, programs, marketing campaigns, or other initiatives as logical or necessary that will be exclusively for employees of DSC departments. Lead Staff: DSC Administration 13) Analysis /Training for Centralized Permitting: DSC staff will research, analyze, and initiate training schedules for a centralized permitting unit. Centralized permitting will act as inflow, outflow, and routing mechanism for plan review for the Planning, Building Safety, and Public Works department, taking in applications from customers, routing plan sets and application materials to appropriate DSC reviewers, and recollecting and processing approved plan sets for return to applicants. To this end, DSC staff have already completed a number of benchmarking site visits to other communities which utilize this permitting model, including Pinal County, Pima County, the Town of Oro Valley, and the City of Henderson, Nevada. DSC staff will investigate and present to the DSC directors and other appropriate staff options for staffing, processes and procedures, and scope of work in the centralized permitting unit. Lead Staff: DSC Administration, Building Safety, DSC Records Management Division, Planning, Public Works 14) CRW Project Trak Data Cleanup and GIS Inte agr~ This item follows the CRW Permit Trak data cleanup completed in Phase I, in which information in the CRW system is cleaned and standardized so that management-level reports can be generated. The CRW Project Trak module is used chiefly by the Planning Department and will require the same data uniformity produced in the CRW Permit Trak cleanup, as well as integration with the town's GIS databases via the CRW Land Trak module. Lead Staff: Technology Services, Building Safety 15) Laserfiche Access for Outside A eg, ncies: Laserfiche is a system currently used by Town employees for the archiving and retrieval of records, including those in the development services fields. At present, this system is only accessible to employees of the Town and all others who need to view records in this system must complete a public records request form through the Town Clerk's Office. To increase the flow of information between the Town and its development review partners, DSC staff will explore safe and secure options for opening the Laserfiche system to viewing by other agencies that review development plans, including the Northwest Fire /Rescue District, the Pima County Assessor's Office, and others deemed appropriate. Lead Staff: Technology Services, DSC Records Management Division, Town Clerk's Office 16) Online Permitting /eTrakIt: Recently, the CRW system was opened partially to the general public by means of a web-based module called eTrakIt. The eTrakIt module allows citizens and the business community to check the status of a permit, inspection, or other development review by visiting the Town of Marana website. To expand on this new module, DSC staff will continue to research and implement ways for simple and routine permit applications to be fully completed online. Specific types of permits that are suitable for online review and approval will be identified by DSC staff, and the Technology Services department will work with DSC directors to create aweb-based system through which applications and plans can be submitted, fees can be paid, and permits can be printed. Lead Staff: Building Safety, Planning, Public Works, Technology Services 17) CRW Code Trak Cleanup GIS Integration, and Building Code Enforcement: This item also follows the CRW Permit Trak cleanup in Phase I, standardizing all modules within the CRW system so that they are both able to produce management-level reports as well as share data with the CRW Land Trak module for GIS integration. The Code Trak module is presently used chiefly by field inspection staff in the Planning department, although this item also seeks to expand use of Code Trak to Building Safety inspection staff for use in enforcement of these codes. Simultaneous with the Code Trak cleanup and Land Trak integration, DSC staff will develop policies, procedures, and a staffing plan for a comprehensive code enforcement unit. Lead Staff: Building Safety, Planning, Technology Services 18) CRW License Trak Activation and GIS Inte agr tion: DSC staff will work with the Town Clerk's Office to activate the License Trak module in CRW and integrate it with the other CRW modules, including Land Trak for GIS database sharing. The License Trak module would replace the business license application, issuance, and record keeping process currently used by the Town Clerk's Office and link it with other development-related functions handled by DSC departments. This integration will provide for a seamless flow of data between business licensing and development in Marana. Lead Staff: Town Clerk's Office, Finance, Technology Services, Building Safety, Planning Phase III: To Be Completed by June 30, 2010 1) Implementation of Over-the-Counter Permitting: DSC staff will implement the over-the- counterpermitting process which was analyzed and for which staff was trained in Phase II of the DSC Master Improvements Plan. Implementation of this process includes the aforementioned marketing efforts to publicize the new program. Lead Staff: Planning, Building Safety, Public Works 2) Technolo ~cg1 al Improvements: Building from Phase II's electronic plan submission item, technological improvements in Phase III will include significant upgrades to DSC staff computing equipment to allow for electronic plan submission and transmission to all appropriate DSC staff reviewers. These reviewers will have the ability to electronically edit and comment on plan sets before transmitting them back to the applicant, as well as engage in collaborative and simultaneous plan review with other DSC staff and outside agencies. This item is anticipated to require major improvements to town computing hardware and software, as well as additional staff to provide technological support. Lead Staff: Building Safety, Technology Services 3) Mobile Data Terminals for Inspectors: Upon completion of Technological Upgrades mentioned in Item 2 above, DSC staff will implement mobile data terminals (MDTs) for all inspection staff in the Planning, Building, and Public Works departments. These portable laptop computers, installed in town vehicles, will allow inspection staff to achieve areal-time flow of information between the field and the town's main offices. Inspection staff will carry the MDTs to the sites of their daily inspections, and will be able to view electronic versions of plans or other pertinent data as well as make comments for immediate transmission back to office staff. This item will assist the building inspection, code enforcement, and engineering /grading inspection units of the DSC. Lead Staff: Building Safety, Technology Services 4) Implementation of Centralized Permitting: DSC staff will implement the centralized permitting unit as developed during Phase II. A plan for staffing, scope of work, processes and procedures, and any other relevant information for the creation of the new unit will be presented to DSC directors and other appropriate staff by the completion date for Phase II. Phase III will include actual creation of the unit and its integration into the work flow of the other DSC departments. Lead Staff: DSC Administration, DSC Records Management Division, Planning, Building Safety, Public Works Phase IV: Completion Date To Be Determined Based on External Factors 1) New DSC Building: A new DSC building will be leased or constructed, similar to the previous setup on West Orange Grove Road. This building will be large enough to house the three core DSC departments (Building Safety, Planning, and Public Works), as well as the DSC Records Division and any other departments or divisions deemed appropriate for inclusion. Significant storage space and acustomer-friendly lobby area should also be kept in mind during the design stage. This project is contingent on funding from the capital improvements program (CIP). Lead Staff: Mayor and Council, Public Works, DSC Administration, Town Manager's Office, Finance, DSC Records Management Division 2) Wastewater Review and Permitting: The Town of Marana will control the ability to review sewer /wastewater plans for projects located within the town limits, as well as issue all required permits for projects. This ability will enhance the speed with which projects in Marana are completed, as well as contribute to the DSC's goal of becoming a "one-stop shop" for development services related needs. Lead Staff: Mayor and Council, Town Manager's Office, Public Works, Utilities, Legal 3) Town-wide Potable Water Review and Permitting: The Town of Marana will control the ability to review all plans for potable water lines and systems within the town limits, except those it deems unnecessary or financially unfeasible to administer. This ability will enhance the speed with which projects in Marana are completed, as well as contribute to the DSC's goal of becoming a "one-stop shop" for development services related needs. Lead Staff: Mayor and Council, Town Manager's Office, Legal, Utilities, Public Works TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: July 1, 2008 AGENDA ITEM: I. 1 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2008-87: Relating to Utilities; approving and authorizing the execution of the Mutual Aid Agreement an Intergovernmental Agreement Among Members of the Arizona Water and Wastewater Agency Response Network. DISCUSSION Emergencies may overwhelm the ability of any utility to adequately meet the service needs of its customers. These emergencies may require additional personnel, equipment, services, or supplies that are not routinely available. The utilities in Arizona have met to establish an intrastate mutual assistance program called Arizona Water and Wastewater Agency Response Network (AZWARN). Members of AZWARN sign a mutual aid agreement that provides procedures to notify members of a need for assistance and request resources. The agreement also provides a mechanism for compensation for resources, as well as creates a steering committee to guide implementation of this agreement. Each member will identify an authorized designee that provides contact information, and they may request assistance from any AZWARN member in the event of an emergency. The authorized designee also has discretion as to the availability of resources, a choice of providing assistance, and the right to withdraw assistance after atwenty-four hour notice. The Utilities Director will serve as the authorized designee for the Town of Marana. Assistance provided under this agreement, will be consistent with the National Incident Management System (NIMS). Reimbursement will be according to the Federal Emergency Management Agency (FEMA) schedule of equipment rates unless different rates have been submitted to the AZWARN Board or the requesting and responding members agree to different rate amounts in writing. Upon approval of this Intergovernmental Agreement by Mayor and Town Council, Marana will become a Member of AZWARN. The agreement will become effective on the Secretary of State recorded date. The Intergovernmental Agreement will be terminated on June 30, 2020, unless extended. Mayor and Town Council may terminate its participation in the agreement through a resolution. BLUAZWARN 06/24/20084:40 PMAPM ATTACHMENTS Membership/Participation Guidance Procedure; AZWARN Member Contact Information; FEMA Schedule of Equipment Rates; and Mutual Aid IGA. RECOMMENDATION 'The Utility Commission and Staff recommend approval of the Intergovernmental Agreement that would provide mutual aid between municipalities, townships, districts and public agencies, to co- ordinate response activities during Water and Wastewater Emergencies. SUGGESTED MOTION I move to adopt Resolution No. 2008-87. BLUAZWARN 06/24/20084:35 PMAPM -2- MARANA RESOLUTION N0.2008-87 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE EXECUTION OF THE MUTUAL AID AGREEMENT AN INTERGOVERNMENTAL AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK. WHEREAS, Members of the Arizona Water and Wastewater Agency Response Network (AZWARN) recognize the value of cooperative efforts in responding to water and wastewater utility emergencies and intend to look for opportunities to cooperate with local governments, Tribal entities, and federal agencies to meet the need for mutual aid in emergencies; and WHEREAS, one or more members to this Agreement may find it necessary to utilize all their own resources to cope with a "Local Emergency" a "Government-Declared State of Emergency" or a "Utility Emergency" and may require the assistance of another member or other members; and WHEREAS, it is desirable that the manner of financing such cooperative undertakings be resolved in advance of such Emergency; and WHEREAS, it would be beneficial to have established a plan and procedures in case of emergencies; and WHEREAS, the Mayor and Town Council have determined that the Town's membership in AZWARN is in the best interest of the residents of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Intergovernmental Agreement between the Town of Marana and Municipalities, Municipal Corporations, Counties, Districts and Public Agencies, attached as Exhibit A to and incorporated here by this reference, to become a member of AZWARN, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1St day of July 2008. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 070108 AZWARN RSO 2008-87 2 APM 06/24/2008 4/4/08 P01.01 v1 [~~~' mrt= ,~ i ., _; \, ARIZONA WATER /WASTEWATER AGENCY RESPONSE NETWORK (AZWARN) Membership /Participation Guidance Procedure PURPOSE: The intent of this procedure is to provide general guidance on the process of becoming a member of the Arizona Water /Wastewater Agency Response Network (AZWARN). MEMBERSHIP: Currently there are only two types of memberships in AZWARN: Member and an Associate. Member: Is a participating governmental entity in AZWARN who has executed the AZWARN Agreement and is recorded with the Secretary of State. Associate: Anon utility participant APPROVED by the AZWARN Board. Associates are nonvoting and do not sign the AZWARN Agreement. Procedures for Associate membership will be forthcoming. NOTE: Due to the current Laws of the State of Arizona, private utilities cannot sign the AZWARN Agreement to become a member. Until the laws are changed, (hopefully soon) private utilities need to work with a Member of the AZWARN and have some type of Service Contract with the member. The Member can request or respond assistance under AZWARN. Until such time as the laws are changed; private utilities are encouraged to become Associate members of AZWARN. MEMBER PROCEDURE: Member Procedure Step 1: Obtain the AZWARN Agreement, Contact Information Sheet, and FEMA Schedule from an existing member or contact: Jean Voelkel, RWRD, AWPCA AZWARN, 201 N. Stone Ave. 8th Floor, Public Works Bldg. ~~ ~rizc_7rxa ~te:r c~ !'c3ilut.ic>n t_:c~t3trc>1 ~ssc>.-~a.a~vn `~ AZWARN MEMBERSHIP GUIDANCE PROCEDURES PAGE 2 Tucson, Arizona 85701-1207 Phone: (520) 740-6500 Member Procedure Step 2: Have your governing body sign the AZWARN Agreement. It is recommended that a minimum of three (3) originals be signed. The minimum distribution will be: Secretary of State, AZWARN, and Member. The governing body should designate their member representative. Complete the Contact Information sheet that will be provided to AZWARN Determine if the entity will use the FEMA Equipment Schedule or use different equipment rates. Member Procedure Step 3: Send all the original Agreements to the Secretary of State for recording. Use the following procedure: Address the mailing and letter to: Maigon Caviness, State of Arizona Intergovernmental Clerk Capital Executive Towers, 7th Floor 1700 W. Washington Street Phoenix, AZ 85007-2888 Phone: (602) 364-3229 The letter needs to have the following components: • a. Request recording of Agreement under SOS #26721 b. The SOS has this Agreement titled as Arizona's Water and Waste Water c. Note that the Agreement has an expiration of June 30, 2020 d. Indicate where the recorded agreements should be returned to. The Secretary of State will record the Agreement. The Secretary of State will retain one of the originals and send the rest back to you. Member Procedure Step 4: Forward a recorded Agreement, completed Contact Information sheet, and an alternate equipment schedule if not using the FEMA Equipment Schedule. These documents should be sent to: Jean Voelkel, RWRD, AWPCA AZWARN, 201 N. Stone Ave. 8th Floor, Public Works Bldg. Tucson, Arizona 85701-1207 Phone: (520) 740-6500 AZWARN MEMBERSHIP GUIDANCE PROCEDURES PAGE 2 ASSOCIATE PROCEDUE: Associate membership in AZWARN requires Approval from AZWARN. The procedures for requesting Associate membership with AZWARN will be forthcoming. AZWARN MEMBER CONTACT INFORMATION Agency Name: Address: City: County: 24 Hour Telephone No.: Zip Code: Type of Agency: Water ~ Wastewater ~ Authorized Designee: Telephone: Cell Phone: Email: Emergency Contact: Telephone: Cell Phone: Email: Emergency Contact: Telephone: Cell Phone: Title: Email: FEMA: Schedule of Equipment Rates ~, ~~~ '~'.~'.fi' ~: U~!. Schedule of Equipment Rates . Excel Version of this Document (XLS, 68 KB) . Appendix to FEMA Schedule of Equipment Rates: Aircraft Rates (PDF 20KB) FEDERAL EMERGENCY MANAGEMENT AGENCY RESPONSE AND RECOVERY DIRECTORATE INFRASTRUCTURE DIVISION WASHINGTON, D.C. 20472 Page 1 of 14 The rates on this Schedule of Equipment Rates are for applicant-owned equipment in good mechanical condition, complete with all required attachments. Each rate covers alI costs eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., for ownership and operation of equipment, including depreciation, overhead, all maintenance, field repairs, fizel, lubricants, tires, OSHA equipment and other costs incident to operation. Standby equipment costs are not eligible. Equipment must be in actual operation performing eligible work in order for reimbursement to be eligible. LABOR COSTS OF OPERATOR ARE NOT INCLUDED in the, rates and should be approved separately from equipment costs. Information regarding the use of the Schedule is contained in 44 CFR § 206.228 Allowable Costs. Rates for equipment not listed will be furnished by FEMA upon request. Any appeals shall be in accordance with 44 CFR § 206.206 Appeals. THESE RATES ARE APPLICABLE TO MAJOR DISASTERS AND EMERGENCIES DECLARED BY THE PRESIDENT ON oR AFTER THE DATE OF PUBLICATION OF THIS SCHEDULE. -August 28, 2005 Cost Code Equipment Specs Size HP Notes Unit Rate 8490 Aerial Lift, Self- Max. Platform 37 Ft to I S Articulated Telesco in Scissor. p g' hour $5.70 Pro elled Height , 8491 Aerial Lift, Self- Max. Platform 60 Ft to 30 Articulated, Telesco in Scissor. p g' hour $11.80 Propelled Height 8492 Aerial Lift, Self- Propelled Max. Platform Height 70 Ft to 50 Articulated, Telesco m Scissor. p g' hour $21.40 8493 Aerial Lift, Self- Max. Platform 125 Ft to 85 Articulated and Telescoping. our $38.50 Propelled Height 8494 Aerial Lift, Self- Max. Platform 150 Ft tO Articulated and Telescoping. hour $60.00 Propelled Height 130 8486 erial Lift, Truck Max. Platform 25 Ft Articulated and Telesco in p g hour $5.40 Mntd Height 8487 Aerial Lift, Truck Max. Platform 50 Ft Articulated and Telescoping. hour $9.00 Mntd Height Aerial Lift, Truck Max. Platform FEMA: Schedule of Equipment Rates Page 2 of 14 8488 Mntd Height 75 Ft Articulated and Telescoping. hour $19.10 8489 Aerial Lift, Truck Max. Platform 100 Ft Articulated and Telescoping. hour $36.00 Mntd Height 8010 Air Compressor Air Delivery. 41 CFM to 10 Hoses included. hour $1.55 8011 Air Com ressor Air Delivery 103 CFM to 30 Hoses included. hour $4.75 8012 Air Com zessor Air Delivery 13.0 CFM to 50 Hoses included. hour $9.25 8013 Air Compressor Air Delivery 175 CFM to 90 Hoses included. hour $17.20 8014 Air Compressor Air Delivery 400 CFM Hoses included. hour $24.80 145 8015 Aix Compressor Air Delivery 575 CFM 2 Hoses included. hour $40.50 30. 8016 Air Compressor Air Delivery 1100 CFM Hoses included. hour $60.00 355 8017 Air Compressor Air Delivery 1600 CFM 50 Hoses included. hour $82.00 0 8020 Air Curtain to 50 In ground burner. hour $6.60 Burner 8021 Air Curtain Burner to 75 In ground burner. hour $7.60 8022 B1LU-nerrtatn 100 In ground burner. hour $8.75 8023 Axr Curtain Burner to 50 Above ground burner. hour $9.05 8024 Azr Curtain Burner to 75 Above ground burner. hour $11.60 8025 Burner~~ 100 Above ground burner. hour $ i 5.30 8040 Ambulance tO 150 hour $21.50 8041 Ambulance tO hour $32 00 • 210 . 8060 Auger, Portable Hole Diameter 16 In to 6 hour $1.40 8061 Auger, Portable Hole Diameter 18 In to 13 hour $3.30 8062 Auger, Tractor Max. Auger 36 In to 13 Includes digger, boom and hour $1 80 Mntd Diameter mounting hardware. . 8063 ~gder, Truck S 7a~x. Auger 24 In 100 Guardrail post driver. hour $30.00 8070 Automobile tO 130 Transporting people. mile $ 0.45 8071 Automobile t° 130 Transporting cargo. hour $ 9.75 8072 P Automobile, olice to 250 patrolling. mile $ 0.55 8073 P Automobile, olice ~ tO S 250 tationary with engine running. hour $ 14.35 8110 B arge, Deck S ize 1 20`x30'x7.25' hour $ 25.50 811 I B arge, Deck S ize 1 20'x45'x7' hour $ 39.50 8112 B arge, Deck S ize 1 40'x45'x7' hour $ 53.00 8113 B arge; Deck S ize 1 50'x45'x9' hour~$ 62.00 FEMA: Schedule of Equipment Rates Page 3 of 14 8115 Barge, Hop er Size 200'x35'x12' en hour $46.50 8116 Barge, Ho per Size 200'x35'x12' Closed hour $54.00 8050 Board, Arrow to 8 Trailer Mounted. hour $3.10 8051 Board, Message to 5 Trailer Mounted. hour $8.55 8133 Boat Push Size 45'x21'x6' Fiat hull. hour $160.00 , 435 8134 Boat Push Size 54'x21'x6' 5 Flat hull. hour $182.00 , 25 8135 Boat, Push Size 58'x24'x7.5' 705 Flat boil. hour $226.00 8136 Boat, Push Size 64'x25'x8' 8 Flat hull. hour $270.00 . 70 8130 Boat, Row Heavy duty. hour $0.85 8131 Boat, Runabout Size 13'x5' to 50 Outboard. hour $14.45 8132 Boat, Tender Size 14'x7' Inboard with 360 degree drive. hour $27.00 100 8120 Boat, Tow Size 55'x20'x5' 8 Steel. hour $204 00 70 . 8121 Boat, Tow Size 60'x21'x5' 1050 Steel. hour $339.00 8122 Boat, Tow Size 70'x30'x7.5' 1350 Steel. hour $480.00 8123 Boat, Tow Size I20'x34'x8' 2 Steel. hour $693 00 000 . 8140 Boat, Tug Length 16 Ft Z° hour $31 00 QO . 8I4I Boat, Tug Length 18 Ft 1 hour $48 00 75 . 8142 Boat, Tug Length 26 Ft 2 hour $63 00 50 . . 8143 Boat, Tug Length 40 Ft 380 hour $140.00 8144 Boat, Tug Length 51 Ft 700 hour $207.00 Breaker, 8419 Pavement, Hand- Weight 2590 Lbs hour $0.70 held 8420 Breaker, Pavement to 70 hour $29.50 8421 Breaker, Pavement tO 105 hour $39.50 8422 Breaker, Pavement tO 13'7 h our $52.00 8150 Broom, Pavement Broom Length 72 In to 20 h our $9.35 8151 Broom, Pavement Broom Length 8 4 In to 45 h our $13.95 8152 Broom, Pavement Broom Length 96 In t~ h our $18 80 I00 . 8153 Mntd ~ Pavement, Broom Length 7 2 In to 18 h our $6.10 FEMA: Schedule of Equipment Rates Page 4 of 14 8154 Pull m, Pavement, Broom Length 84 In to 20 hour $7.60 8270 Bucket, Clamshell Capacity 1.0 CY Includes teeth. hour $4.10 8271 Bucket, Clamshell Capacity 2.5 CY Includes teeth. hour $7.25 8272 Bucket, Clamshell Capacity 5.0 CY Includes teeth. hour $12.00 8273 Bucket, Clamshell Ca achy 7.5 CY Includes teeth. hour $16.40 8275 Bucket, Dragline Ca achy 2.0 CY hour $3.30 8276 Bucket, Dragline Capacity 5.0 CY hour $6.95 8277 Bucket, Dragline Capacity 10 CY hour $11.55 8278 Bucket, Dragline Ca achy 14 CY hour $13.50 8180 Bus 150 hour $14.75 8181 Bus 210 hour $22.30 8182 Bus 300 hour $30.50 8190 Chain Saw Bar Length 16 In hour $1.55 8191 Chain Saw Bar Length 25 In hour $3.10 8192 Chain Saw, Pole Bar Size 18 In hour $1.65 8200 Chipper, Brush Ch~ppmg Capacity 6 In to 35 Trailer Mounted. hour $12.80 8201 Chipper, Brush Chipping Capacity 12 In to 65 Trailer Mounted. hour $17.70 8202 Chipper, Brush Capacity 16 In ~ ~0 Trailer Mounted. hour $23.00 8203. Chipper, Brush C Parity 18 In i 25 Trailer Mounted. hour $29.00 8204 Chipper, Brush Capacity 18 In 200 Trailer Mounted. hour $42.50 8205 Chipper, Brush Capacity I9 In 300 Trailer Mounted. hour $59.00 8206 Chipper, Brush Chipping Capacity 19 In tO 450 Trailer Mounted. hour $86.00 8207 Chipper, Brush 650 Trailer Mounted. hour $130.00 8210 Clamshell & Dra line tO 100 Bucket not included in rate. hour $71.00 8211 Clamshell & Dragline t O 155 Bucket not included in rate. hour $95.00 8212 Clamshell & Dragline t O 235 Bucket not included in rate. hour $131.00 8213 Clamshell & Dragline t 3 O 50 Bucket not included in rate. hour $178.00 8214 Clamshell & Dragline t 5 0 30 Bucket not included in rate. hour $250.00 8215 Dra lline~ & g fl0 B ucket not included in rate. hour $343.04 8712 S Cleaner, ewer/Catch H 5 opper CY T ruck Mounted. hour $18.80 ,~.. rr r r. ,r .r r , , FEM.4: Schedule of Equipment Rates Page 5 of 14 Basin Capacity Cleaner, Hopper 8713 Sewer/Catch 14 CY Truck Mounted. hour $23:30 Basin Capacity 8220 Compactor to 10 hoear $8.70 8221 Compactor to 45 hour $15.30 8222 Compactor to 75 hour $22.70 8223 Compactor to 95 hour $28.00 8224 Compactor 150. hour $43.50 8225 Compactor 235 hour $73.00 8226 Compactor 335 hour $119.00 8227 Compactor hour $234.00 535 8228 Compactor, towed to 15 hour $15.00 8229 Compactor, towed to 50 hour $39.00 8230 Compactor, towed 1°00 hour $65.00 8500 Crane Max. Lift g MT to 80 hour $30 50 Capacity . 8501 Crane 15 MT 15 hour $44 00 Capac tS' 0 . 8502 Crane C p Lty 27 MT 2 hour $66 00 a ac 00 . 8503 Crane Capacity 45 MT 300 hour $98.00 8504 Crane CapacLtY 70 MT 350 hour $143.00 8505 Crane CaP~itY 110 MT 450 hour $208.00 8496 Crane, Truck Max. Lift 17600 Lbs hour $22 50 Mntd Capacity . 8497 Crane, Truck. Max. Lift 33000 Lbs hour $34 00 Mntd Capacity . 8498 Crane, Truck Max. Lift 60000 Lbs hour $55 00 Mntd Capacity . 8499 Crane, Truck Max. Lift 120000 Lbs hour $98 00 Mntd Capacity . 8195 Cutter, Brush Cutter Size 8 ft tO $76 00 150 . 8196 Cutter, Brush Cutter Size 8 ft tO $ 86 00 190 . 8197 Cutter, Brush Cutter Size 1 0 ft tO $ 96 00 245 . 8670 Derrick, Max. Boom 5 5 Ft Includes hydraulic pole hour $ 32 50 Hydraulic Digger Length alignment attachment. . Derrick, Max. Boom Includes hydraulic pole FEMA: Schedule of Equipment Rates Page 6 of 14 8671 Hydraulic Digger Length 75 Ft alignment attachment. hour $34.50 8672 Derrick, Max. Boom 95 Ft Includes hydraulic pole hour $36.50 Hydraulic Digger Length alignment attachment. - Truck Mounted. Includes Distributor, 8580 Tank Capacity 500 Gal burners, insulated tank; and hour $10.50 Asphalt circulating s ray bar. Truck Mounted. Includes Distributor 8581 ~ Tank Capacity 1000 Gal burners, insulated tank, and hour $15.60 Asphalt circulating spray bar. Truck Mounted. Includes Distributor 8582 ~ Tank Capacity 4000 Gal burners, insulated tank, and hour $19.10 Asphalt circulating spray bar. 8250 Dozer, Crawler to 65 hour $31.00 8251 Dozer, Crawler 105 hour $40.00 8252 Dozer, Crawler 160 hour $55.00 8253 Dozer, Crawler 245 hour $79.00 Crawler 8254 Dozer 3 hour $124.00 , 75 8255 Dozer, Crawler 565 hour $200.00 8256 Dozer, Crawler 850 hour $344.00 8260 Dozer, Wheel 260 hour $55.00 8261 Dozer, Wheel 335 hour $68.00 8262 Dozer, Wheel 445 hour $86.00 8263 Dozer, Wheel 615 hour $126.00 8280 Excavator, Bucket 0.5 CY to 45 Crawler, Truck & Wheel. hour $21 90 Hydraulic Capacity Includes bucket. . 8281 Excavator, Bucket 1.0 CY to 90 Crawler, Truck & Wheel. how. $37 50 Hydraulic Ca achy Includes bucket. . 8282 Excavator, Bucket 1.5 CY to Crawler, Truck & Wheel. hour $64 00 Hydraulic Capacity 160 Includes bucket. . Excavator 8283 c Bucket to 2.5 CY Crawler Truck & Wheei. hour $104 00 Hydrauli Capacity 265 I ncludes bucket. . 8284 Excavator, Bucket 4.5 CY to Crawler, Truck & Wheel. hour $ 163 00 Hydraulic Capacity 420 I ncludes bucket. . 8285 Excavator, Bucket 7 5 CY to Crawler, Truck & Wheel. hour $ 255 00 Hydraulic Capacity 650 I ncludes bucket. . 8280 Excavator, B ucket 1 2 CY to Crawler, Truck & Wheel. hour $ 404 00 Hydraulic Capacity 1000 I ncludes bucket. . 8240 Feeder, Grizzly to 35 hour $ 19.20 8241 Feeder, Grizzly to 55 hour $ 29.00 FEMA: Schedule of Equipment Rates Page7of14 8242 Feeder, Grizzly to 75 hour $45.50 8300 Fork Lift Capacity 6000 Lbs to 60 hour $9.90 8301 Fork Lift Capacity 12000 Lbs to 90 hour $14.45 8302 Fork Lift Capacity 18000 Lbs 140 hour $23.90 8303 Fork Lift Capacity 50000 Lbs 21 S hour $42.50 8310 Generator Prime Output 5.5 KW to 10 ~ hour $3.60 8311 Generator Prime Out ut 16 KW to 25 hour $8.45 8312 Generator Prime Output 43 KW to 65 hour $18.10 8313 Generator Prime Output 85 KW 128 hour $28.50 8314 Generator Prime Output 140 KW 200 hour $40.50 8315 Generator Prime Output 210 KW 340 hour $59.00 8316 Generator Prime Output 280 KW 400 hour $76.00 8317 Generator Prime Output 350 KW 500 hour $94.00 8318 Generator Prime Output 530 KW X50 hour $137.00 8319 Generator Prime Output 710 KW 1000 hour $179.00 8320 Generator Prime Output 1100 KW 1500 hour $274.00 8321 Generator Prime Output 1500 KW 2000 hour $369.00 8322 Generator Prime Output 1900 KW 2 hour $457.00 500 8323 Generator Prime Output 2400 KW 3000 hour $547.00 8755 Golf Cart Ca acity 2 person hour $2.55 8330 Graders Moldboard g Ft to 50 Includes Rigid and Articulate hour $23 90 Size equipment. . 8331 Graders Moldboard 10 Ft to Includes Rigid and Articulate hour $32 00 Size 100 equipment. . 8332 Graders Moldboard 12 Ft to Includes Rigid and Articulate hour $43 00 Size 150 equipment. . 8333 Graders Moldboard 14 Ft to Includes Rigid and Articulate hour $60 00 Size 225 equipment. . 8350 Hose, Discharge Diameter 3 In Per 25 foot length- Includes hoax $O IS couplings. . 8351 Hose, Discharge Diameter 4 In Per 25 foot length. Includes hour $0 20 couplings. . 8352 Hose, Discharge Diameter 6 In Per 25 foot length. Includes hour $ 0 35 c ou lings. . 8353 Hose, Dischazge Diameter 8 In Per 25 foot length. Includes hour $ 0 55 c ouplings. . FEMA: Schedule of Equipment Rates Page 8 of 14 Discharge Diameter 8354 Hose 12 In Per 25 foot length. Includes hour $1.15 , couplings. Discharge Diameter 8355 Hose 16 In Per 2S foot length. Includes hour $1.90 , couplings. Suction Diameter 8356 Hose 3 In Per 25 foot length. Includes hour $0.20 , couplings. Suction Diameter 8357 Hose 4 In Per 25 foot.Iength. Includes hour $0.30 , couplings. Suction Diameter 8358 Hose 6 In Per 25 foot length. Includes hour $0.50 , couplings. Suction Diameter 8359 Hose 8 In Per 25 foot length. Includes hour $0.85 , couplings. Suction Diameter 8360 Hose 12 In Per 25 foot length. Includes hour $I.80 , couplings. Suction Diameter 8361 Hose 16 In Per 25 foot length. Includes hour $3.20 , couplings. 8517 Jackhammex (Dry) Weight Class 25-45 Lbs hour $1.10 8518 (~~ammer Weight Class 30-55 Lbs hour $1.20 8380 Loader, Crawler Bucket Capacity 0.5 CY to 32 Includes bucket. hour $13.90 8381 Loader, Crawler Bucket Capacity 1 CY to 60 Includes bucket. hour $23.50 8382 Loader, Crawler B paC1~y 2 CY 118 Includes bucket. hour $46.50 8383 Loader, Crawler B paCi~ 3 CY 178 Includes bucket. hour $73.00 8384 Loader, Crawler Capa ity 4 CY 238 Includes bucket. hour $101.00 8385 Loader, Crawler B pae Ty 5 CY 300 Includes bucket. hour $135.00 8540 Loader, Skid- Operating 1000 Lbs to 35 hour $12 50 Steer Capacity . - 8541 Loader, Skid- Operating 2000 Lbs to 65 hour $17 40 Steer Capacity . 8542 Loader, Skid- Operating 3000 Lbs to 85 hour $20 I O Steer Capacity . 8543 Loader, Skid- Operating 4000 Lbs to 94 hour $21 00 Steer Capacity . 8401 Wlaedei ~ Tractor, t o 81 hour $17.80 8390 Loader, Wheel Bucket Capacity 0.5 CY t o 38 hour $13.25 8391 Loader, Wheel Bucket 1 Ca achy CY t o 60 hour $17.10 8392 Loader, Wheel Capac Ty 2 CY 1 05 h our $25.50 8393 Loader, Wheel Capac ty ' CY 1 52 h oax $34.00 FEMA: Schedule of Equipment Rates Page9of14 8394 Loader, Wheel C pacrtv 4 CY 200 hour $43.50 8395 Loader, Wheel Capacity 5 CY 250 hour $53.00 8396 Loader, Wheel Capacity 6 CY 305 hour $65.00 8397 Loader, Wheel Bucket 7 C~, Capacity to 3 60 hour $79.00 8398 Loader, Wheel Capa ty 8 CY 415 hour $92.00 8399 Loader, Wheel B pacify 9 CY 470 hour $105.00 8400 Loader, Wheel B Pae ,ty 10 CY 530 hour $122.00 8570 Loader-Backhoe, Loader Bucket 0.5 CY to 40 Loader and Backhoe Buckets hour $12.25 Wheel Capacity included. 8571 Loader-Backhoe, Loader Bucket 1 CY to 70 Loader and Backhoe Buckets hour $19.70 Wheel Capacity included. 8572 Loader-Backhoe, Loader Bucket 1.5 CY to 95 Loader and Backhoe Buckets hour $28.50 Wheel Capacity included. 8573 Loader-Backhoe Loader Bucket 1'75 CY ~ to Loader and Backhoe Buckets hour $36.50 Ca acity Wheel 115 included. 8410 Mixer, Concrete Batching 10 Cft hour $2.90 Portable Ca aciry 8411 Mixer, Concrete Batching 16 Cft hour $4.25 Portable Capacity 8412 Mixer, Concrete, Batching 11 Cft to 10 hour $9.35 Trailer Mntd Capacity 8413 fixer, Concrete; atching 16 Cft to 25 hour $14 70 Trailer Mntd Capacity . 8075 Motorcycle, mile $0.40 Police 8633 Mulcher, Trailer Working 7 TPH to 35 hour $10 10 Mntd Capacity . 8634 Mulcher, Trailer Working 10 TPH to 55 hour $15 00 Mntd Ca aciry . 8635 Mulcher, Trailer Working 20 TPH tO hour $22 60 Mntd Capacity 120 . 8430 Paver, Asphalt to 50 Includes wheel and crawler hour $41.50 equipment. 8431 Paver, Asphalt to 75 Includes wheel and crawler hour $63.00 equipment. 8432 Paver, Asphalt t o I ncludes wheel and crawler hour $97.00 125 equipment. 8433 Paver, As halt t p o I ncludes wheel and crawler hour $125 00 175 equipment. . 8434 Paver, Asphalt t o I ncludes wheel and crawler hour $151 00 250 e uipment. . 8436 Pick-up, Asphalt $ 57.00 t o FEMA: Schedule of Equipment Rates Page 10 of 14 110 8437 Pick-up, Asphalt tO 150 $82.00 843 8 Pick-up, Asphalt tO 200 $103.00 8439 Pick-up, Asphalt tO 275 $145.00 8660 Plow, Cable Plow Depth 18 in to 30 $9.50 8661 Plow, Cable Plow De th 36 in to 65 $19.30 8662 Plow, Cable Plow Depth 48 in 110 $30.50 8450 d Grader PMn Width to 10 Ft hour $18.60 t 8451 d Grader PMn Width to 14 Ft hour $25,00 t 8452 Plow, Truck Mntd Width to 15 Ft hour $14.05 8453 Plow, Truck Mntd Width to 15 Ft With leveling wing. hour $20.40 8470 Pump to 3 Hoses not included. hour $2.70 8471 Pump to 6 Hoses not included. hour $3.70 8472 pump to 10 Hoses not included. hour $5.05 8473 Pump to 15 Hoses not included. hour $6.00 8474 Pump to 25 Hoses not included. hour $8.60 8475 Pump to 40 Hoses not included. hour $11.25 8476 pump to 60 Hoses not included. hoax $16.70 8477 Pump to 95 Hoses not included. hour $24.60 8478 pump 1°40 Hoses not included. hour $26.50 8479 Pump 200 Hoses not included. hour $31.50 8463 pump Extender Length 20 Ft hour $1.25 8460 Pip' WHO Pump Size 6 In hour $2.30 Power 8461 Pip' WHO Pump Size 12 In hour $3.00 Power 8462 pip' WHO Pump Size 24 In hour $7.15 Power 8510 Saw Concrete Blade 14 In to 14 hour $5.35 , Diameter 8511 Saw, Concrete Blade Diameter 26 In to 35 hour $12.60 8512 Saw, Concrete Blade Diameter 48 In to 65 hour $22.10 8513 Saw, Rock to 65 hour $29.00 8514 Saw, Rock t o 90 hour $38.00 8515 Saw, Rock 1 hour $52.04 20 8520 Scraper Ca ~ e~ 11 CY 1 hour $83.00 J 75 FEMA: Schedule of Equipment Rates Page 11 of 14 8521 Scraper Scraper Capacity 16 CY tO 250 hour $109.00 8522 Scraper Scraper Capacity 23 CY tO 365 hour $143.00 8523 Scraper Scraper Ca achy 34 CY tO 475 hour $173.00 8524 Scraper Capacety 44 CY 600 hour $208.00 8560 Snow Blower Capacity 2,000 Tph to 400 hour $140.00 8561 Snow Blower Capacity 2,500 Tph tO 500 hour $157.00 8562 Snow Blower Capacity 3,500 Tph tO 600 hour $180.00 8550 Snow Blower, Capacity 600 Tph to 75 hour $38.50 Truck Mntd 8551 Snow Blower, Capacity 1100 Tph tO 150 hour $60.00 Truck Mntd 8552 Snow Blawer, Capacity 1600 Tph t0 hour $90.00 Truck Mntd 250 8553 Snow Blower, Capacity 2500 Tph 400 hour $128.00 Truck Mntd 8558 Snow Thrower, Cutting Width 25 In to 5 hour $12.80 Walk Behind 8559 Snow Thrower, Cutting Width 60 In to 15 hour $16.30 Walk Behind 8630 Seed Sprayer Working 750 Gal to 30 Trailer & truck mounted. hour $10.70 , Capacity 8631 Seed Sprayer Working 1250 GaI to 50 Trailer & truck mounted. hour $13.45 , Capacity 8632 Sprayer, Seed Capacity ~ 3500 Gal 115 Trailer & truck mounted. hour $22.40 8458 Spreader, Capacity 5 CY to 4 Trailer & truck mounted. hour $4.10 Chemical 8423 Spreader, Chip W dt~ Hopper 12.5 Ft i 52 hour $50.00 8424 Spreader, Chip Spread Hopper Width 16.5 Ft tO 215 hour $66.00 8425 pr ader, Chip, 8 ~ Hopper Size 8 Ft to 8 Trailer & truck mounted. hour $3.65 l d ~ 8455 S reader, Sand p Mountie g Tailgate, Chassis hour $4.05 8456 S reader, Sand Mounting Dump Body hour $5.65 8457 Spreader, Sand Mounting Truck (l0yd) hour $7.90 8440 Striper Paint Capacity 40 Gal to 22 hour $12.90 &441 Striper Paint Capacity 90 Gal to 60 hour $19.10 8442 Striper Paint Capacity 120 Gal ~ 2 hour $38.00 8445 Stripez, Truck Paint Capacity 120 Gal tO hour $69.00 FEMA: Schedule of Equipment Rates Page 12 of 14 Mntd 460 8446 Striper, Walk- paint Capacity 12 Gal hour $3.25 behind 8157 Sweeper, to hour $47.00 Pavement 1.10 8158 Sweeper, to hour $56.00 Pavement 1 S 0 8159 Sweeper, tO hour $62.00 Pavement 200 8590 Trailer, Dum Capacity ~ 20 CY Does not include Prime Mover. hour $17.40 8591 Trailer, Dump Capacity 30 CY Does not include Prime Mover. hour $26.00 8592 Trailer, Dump Capacity 40 CY Does not include Prime Mover. hour $35.00 8600 Trailer, Capacity 30 Tons hour $9.90 Equipment 8601 Trailer, Capacity 40 Tons hour $ 11.45 Equipment 8602 Trailer, Capacity 60 Tons hour $13.70 uipment 8603 Trailer, Capacity 120 Tons hour $18.30 Equipment ___ _ 8640 Trailer, Office _ Trailer Size 8' x 24' hour $1.60 8641 Trailer, Office Trailer Size 8' x 32' hour $1.90 8642 Trailer, Office Trailer Size 10' x 32' hour $2.30 8610 Water Trailer Tank Capacity 4000 Gal Includes a centrifugal pump with hour $10.65 , sump and a rear spraybar. 8611 Trailer Water Tank Capacity 6000 Gal Includes a centrifugal pump with hour $12.40 , sump and a rear spraybar. 8612 Water Trailer Tank Capacity 10000 Gal Includes a centrifugal pump with hour $15.40 , sump and a rear spraybar. 8613 Trailer Water Tank Capacity 14000 Gal Includes a centrifugal pump with hour $18.70 , sump and a rear spraybar. 8650 Trencher to 35 Walk-behind, Crawler & Wheel hour $14.70 Mounted. Chain and Wheel. 8651 Trencher to 85 Walk-behind, Crawler & Wheel hour $32.50 Mounted. Chain and Wheel. 8652 Trencher to Walk-behind, Crawler & Wheel hour $41 50 115 Mounted. Chain and Wheel. . 8653 Trencher to Walk-behind, Crawler & Wheel hour $61.00 175 Mounted. Chain and Wheel. 8290 Trowel, Concrete Diameter 90 In to 25 hour $11.70 8291 Trowel, Concrete Diameter 100 In to 3 8 hour $17.90 8810 Truck, Bucket Add Flatbed Truck to Truck Mounted Aerial Lift. 8811 Truck, Cleaning Add Flatbed Truck to Sewer Cleaner. Concrete Truck Mixer t O 8680 , Mixer Capacity 10 CY 25 5 hour $70.00 8681 Truck, Concrete Mixer ,, 1~ CY t O hour $81 00 Mixer Capacity 300 . FEMA: Schedule of Equipment Rates Page 13 of 14 8720 Truck, Dump Capac ty 8 CY 210 hour $25.50 8721 Truck, Dump Capac ty 10 CY 235 hour $28.00 8722 Truck, Dump Capac ty 12 CY 255 hour $31.00 8723 Truck, Dump Capac ty 18 CY 330 hour $46.50 8724 Truck, Dump Capac ty 28 CY 400 hour $77.00 8725 Truck, Dump Capa ity 40 CY 460 hour $85.00 8726 Truck, Dump Capac ty 50 CY 620 hour $108.00 8690 Truck, Fire Pump Ca achy 1000 GPM hour $53.00 8691 Truck, Fire Pump Ca achy 1250 GPM hour $56.00 8692 Truck, Fire Pump Capacity 1500 GPM hour $71.00 8693 Truck, Fire Pump Capacity 2000 GPM hour $77.00 8700 Truck, Flatbed mum 15000 Lbs 150 hour $16.40 8701 Truck, Flatbed G~mum 25000 Lbs 180 hour $20.20 8702 Truck, Flatbed G~~`~` 30000 Lbs 215 hour $26.50 8703 Truck, Flatbed ~~ mum 45000 Lbs 250 hour $29.50 8704 Truck Flatbed G~imum 50000 Lbs hour $38.00 , . 300 8705 Truck, Flatbed 375 hour $46.00 8706 Truck, Flatbed 450 hour $53.00 8730 Truck, Garbage Capacity 25 CY 255 hour $41.50 8731 Truck, Garbage Capacity 32 CY 325 hour $50.00 8812 Truck, Knuckle Add Flatbed Truck to Truck Boom ~ Mounted Crane. 8813 Truck Ladder Add Flatbed Truck to Truck , Mounted Aerial Lift_ 8814 Truck Line Add Flatbed Truck to Hydraulic , Digger Derrick. 8800 Truck, Pickup 130 When transporting people. mile $0.45 8801 Truck, Pickup I ~0 hour $9.75 8802 Truck, Pickup 180 hour $13.35 8803 Truck, Pickup t o hour $16.50 FEMA: Schedule of Equipment Rates Page 14 of I4 230 8804 Truck, Pickup tO 280 hour $19.90 8790 Truck, Tractor t0 210 hour $29.50 8791 Truck, Tractor 265 hoax $36.50 8792 Truck, Tractor 310 hour $42.00 8793 Truck, Tractor 350 hour $44.50 8780 Water Truck Tank Capacity 2500 Gal to Include pump and rear spray hour $27.50 , 175 system. 8781 Truck Water Tank Capacity 4000 Gal to Include pump and rear spray hour $39.00 , 250 system. 8620 Tub Grinder 400 hour $78.00 8621 Tub Grinder 500 hour $97.00 8622 Tub Gunder 600 hour $110.00 8623 Tub Grinder 7 hour $125.00 00 8624 Tub Grinder ~ 800 hour $144.00 8625 Tub Grinder 900 hour $156.00 8626 Tub Grinder hour $170.00 1000 8753 Vehicle, to 10 hour $2 75 Recreational . 8750 Vehicle, Sma11 to 30 hour $5.25 8760 Vibrator, Concrete to 4 hour $1.00 8761 Vibrator, Concrete to 8 hour $2.75 8770 Welder Portable to 16 Includes ground cable and lead hour $4 90 , cable. . $771 Welder, Portable t o 34 Includes ground cable and lead hour $10 25 cable. . 8772 Welder, Portable t o 50 I ncludes ground cable and Lead hour $14 75 cable. . 8773 Welder, Portable t o 80 I ncludes ground cable and lead hour $21 60 cable. . Secretary of State File No.: 26721 MUTUAL AID AGREEMENT AN INTERGOVERNMENTAL AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK This Agreement is made and entered into by and among Municipalities, Municipal Corporations Counties, Districts and Public Agencies that have executed this Agreement to better respond to water and wastewater emergencies. RECITALS WHEREAS, municipal corporations within Arizona are authorized to own and operate water distribution and wastewater collection and treatment systems pursuant to A.R.S. § 9-511, and; WHEREAS, Domestic Water and Wastewater Improvement Districts are authorized to operate water and wastewater facilities pursuant to A.R.S. § 48-909 and A.R.S. § 48-1011 et seq.; WHEREAS, Pima County is authorized to own and operate a wastewater collection and treatment system pursuant to A.R.S. § 11-264, and; WHEREAS, Members of the AZWARN recognize the value of cooperative efforts in responding to water and wastewater utility emergencies and intend to look for opportunities to cooperate with local governments, Tribal entities, and federal agencies to meet the need for mutual aid in emergencies; and; WHEREAS, the signatories to this Agreement are authorized to enter into intergovernmental agreements pursuant to A.R.S. § 11-952, and; WHEREAS, one or more members to this Agreement may find it necessary to utilize all of their own resources to cope with a "Local Emergency" a "Government-Declared State of Emergency" or a "Utility emergency" and may require the assistance of another member or other members (collectively, "Member"); WHEREAS, It is desirable that the manner of financing such cooperative undertakings be resolved in advance of such Emergency; and WHEREAS, it would be beneficial to have established a plan and procedures in case of Emergencies; WHEREAS, separate from this Agreement, state resources will be made available in accordance with A.R.S. § 35-192; A.R.S. § 26-303(E) and A.R.S. § 26-311; NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the Members hereto as follows: Secretary of State File No.: 26721 AGREEMENT Article 1. Purpose The Members recognize that Emergencies may overwhelm the ability of a water and or wastewater utility to provide services to its customers. These Emergencies may require assistance in the form of personnel, equipment, services, and supplies from outside the area of the impact of the Emergency. Therefore, the Arizona Water and Wastewater Agency Response Network ("AZWARN") Member utilities hereby establish within the State of Arizona an Intrastate Program for Mutual Assistance ("Mutual Assistance Program") and create a statewide Arizona Water and Wastewater Agency Response Network ("AZWARN"). Through the Mutual Assistance Program and AZWARN, the Members will coordinate response activities and may share resources during Emergencies. This Agreement sets forth the procedures for the administration of this Mutual Assistance Agreement and AZWARN. Article 2. Scope The scope of this Agreement is to (1) provide procedures to notify Members of the need for assistance; (2) provide procedures for Requesting Members to request assistance; (3) provide a mechanism for compensation for resources; and (4) create AZWARN to implement this Agreement. Article 3. Definitions 3.1 Agreement means this document, the Mutual Aid Agreement, an Intergovernmental Agreement among Members of the Arizona Water and Wastewater Agency Response Network and changes of the agreement as approved by its Members. 3.2 Associate: Any non utility participant, approved by the AZWARN Board, which provides a support role for the AZWARN program. These participants are nonvoting and do not officially sign the AZWARN agreement. 3.3 Authorized Designee means an employee of a Member that is authorized by the Member's Governing Body to request assistance, offer assistance, or declare Utility Emergencies under this Agreement. 3.4 AZWARN (Arizona Water and Wastewater Agency Response Network) means an organizational body of Member representatives. Each Member has one representative. 3.5 AZWARN Board means the Chairperson and eight other Member representatives elected at large among AZWARN Member representatives. The AZWARN Board shall be formed after the AZWARN Membership exceeds twenty (20). 3.6 AZWARN Chairperson means the Member Representative elected by a majority vote of AZWARN. This person is responsible for chairing AZWARN meetings, giving notices as required by this Agreement and is authorized to execute actions approved by Resolutions of AZWARN. 3.7 Backfill means the salary of replacement personnel who perform the regular duties of other personnel who are deployed under this mutual aid agreement. 3.8 Coordinator means a person assigned by AZWARN to provide services as directed by AZWARN such as managing a website, special communication hub, or grant management. 3.9 Costs mean the actual expenditures of funds by Responding Member, including backfill and indirect costs. 3.10 District means a domestic water improvement district or domestic wastewater improvement district created pursuant to A.R.S. § 48-1011 et seq. 2 Secretary of State File No.: 26721 3.11 Emergency means a Local Emergency, pursuant to A.R.S. § 26-301(9) or a Governor Declared State Emergency, pursuant to A.R.S. § 35-192 or a Utility Emergency as defined in this Agreement. (Note A.R.S. § 34-604, Emergency Procurement). 3.12 Governing Body means the legislative body (e.g., city council, board of supervisors, district board or State agencies) elected to manage the affairs of the municipality, municipal corporation, district, county or Public Agency with statutory authority to enter into Mutual Aid Agreements. 3.13 Governor-Declared State Emergency means a situation where the Governor has declared a state of emergency following a determination of the "existence of conditions of disaster or of extreme peril to the safety of persons or property within the state caused by air pollution, fire, flood or floodwater, storm, epidemic, riot, earthquake or other causes, except those resulting in a state of war emergency, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city or town, and which require the combined efforts of the state and the political subdivision," pursuant to A.R.S. § 35-192. 3.14 Indirect Costs means 10% of the total expenditures of funds by the Responding Member. 3.15 Local Emergency means the "existence of conditions of disaster or of extreme peril to the safety of persons or property within the territorial limits of a county, city, or town, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of such political subdivision as determined by its Governing Body and which require the combined efforts of other political subdivisions" pursuant to A.R.S. § 26-301(9). 3.16 Member means a participating governmental entity in the AZWARN. 3.17 National Incident Management System (NIMS) means the national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. 3.18 Period of Assistance means a specified period of time when a Responding Member assists a Requesting Member. It begins with the Requesting Members' notice of acceptance of aid and ends when either the Responding Member or Requesting Member terminates the aid pursuant to notice provisions of this Agreement. 3.19 Private Utility means a water or wastewater distribution, collection or treatment facility or system which is not owned or operated by a Governing Body, Municipal Corporation or Water or Wastewater District. 3.20 Requesting Member means a Member who requests assistance in accordance with the terms and conditions of this Agreement. 3.21 Responding Member means a Member that responds to a request for assistance in accordance with the terms and conditions of this Agreement. 3.22 Utility means an Arizona water or wastewater distribution, collection or treatment facility or system owned by a Governing Body, or a municipal corporation, or an Arizona water or wastewater company who is contracting with or licensed by a Governing Body to ,provide services. 3.23 Utility Emergency means an incident or event beyond the capability of a member utility but does not amount to or require the need of a declaration of emergency by the Mayor, Chairman of the Board of Supervisors, or the Governor of the State of Arizona. This emergency is declared by the utility's Authorized Designee. (Note: A.R.S. § 34-604, Emergency Procurement). Secretary of State File No.: 26721 Article 4. Implementation 4.1 This Agreement will be implemented through AZWARN. Each Member to the Agreement will select a Member representative who will each have one vote. The Member representatives will elect a Chairperson. When Membership exceeds twenty (20), AZWARN will elect eight (8) Member representatives to the AZWARN Board. The Chairperson and each AZWARN Board Member will have one vote for Board business. Until such time as membership exceeds twenty (20) Members, AZWARN will serve as the Board. 4.2 AZWARN will meet annually to review this Agreement as well as emergency preparedness and response procedures, recommending changes when necessary. AZWARN Member representatives, and subsequently the AZWARN Board, will adopt resolutions, policies, procedures and by-laws. AZWARN Member representatives will facilitate, plan and coordinate emergency planning, response activities, and training exercises under this Agreement. AZWARN Member representatives will also determine budget and funding options. Article 5. Funding 5.1 The AZWARN Board will be responsible for developing and adopting an annual budget and establishing funding sources. 5.2 The AZWARN Board may authorize a Member or Associate to accept grants, gifts and other sources of funds on behalf of the interests of AZWARN. Implementation of this Agreement may be funded by annual contributions necessary to meet costs of administration and sustaining this Agreement. Article 6. Procedures for Requesting Assistance 6.1 Member Responsibility. Each Member will identify an Authorized Designee or the Authorized Designee's delegate to provide contact information, including 24 hour contact, and maintain relatively current resource information made available by the utility for mutual assistance response. 6.2 Requests for Assistance. In the event of an Emergency, a Member's Authorized Designee may request mutual assistance from any other Participating Member(s). The request for assistance may also be transmitted to the Coordinator. Requests for assistance may be made orally or in writing. When made orally, the request for assistance will be followed by a written request as soon as, practicable but no more than (10) working days after the oral request was made. Specific protocols for requesting assistance will be provided in the AZWARN Operational Plan. 6.3 Response to a Request for Assistance. After a Member receives a request for assistance, the Authorized Designee evaluates whether resources are available to respond to the request for assistance. Following the evaluation, the Authorized Designee will notify, as soon as possible, the Requesting Member whether it has the resources to respond. If the Member is willing and able to provide assistance, the Member will: (1) notify the Requesting Member about the type of available resources; (2) notify the Requesting Member of the approximate arrival time of such assistance; (3) inform Requesting Member of any special requirements needed to utilize the resources; and (4) inform Requesting Member if there are any variations from the reimbursement provisions of this Agreement. Acceptance of this offer of assistance by the Requesting Member commences the Period of Assistance. 4 Secretary of State File No.: 26721 6.4 Discretion of Responding Member. Execution of this Agreement does not create any duty to provide assistance. When a Member receives a request for assistance, the Authorized Designee will have absolute discretion as to the availability of resources and choice of providing assistance. An Authorized Designee's decisions on the availability of resources will be final and not subject to legal challenge. 6.5 Right to Withdraw. The Responding Member's Authorized Designee retains the right to withdraw some or all of its resources upon 24 hours notice. Notice of intention to withdraw must be communicated to the Requesting Member's Authorized Designee. Article 7. Responding Member Personnel 7.1 National Incident Management System. Assistance provided under this Agreement will be consistent with the National Incident Management System (NIMS). 7.2 Control. Personnel sent by a Responding Member will remain under the direct supervision and control of the Responding Member. The Requesting Member's Authorized Designee will coordinate response activities with the designated supervisor(s) of the Responding Member(s). 7.3 Food and Shelter. The Requesting Member will supply reasonable food and shelter for Responding Member personnel. If the Requesting Member fails to provide food and shelter to Responding personnel, the Responding Member's designated supervisor is authorized to purchase the resources necessary to meet the needs of its personnel. The cost for such resources must not exceed the per diem rates established by the State of Arizona. The Requesting Member remains responsible for reimbursing Responding Member for all costs associated with providing food and shelter, if such resources are not provided. 7.4 Communication. The Requesting Member will provide or make arrangements for appropriate communication equipment for Responding Member personnel. 7.5 Status. Unless otherwise provided by law, the Responding Member's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. Article 8. Reimbursement Unless otherwise mutually agreed in whole or in part, the Requesting Member will reimburse the Responding Member for each of the following categories of costs that Responding Member incurred while providing aid during the specified Period of Assistance. If an alternative fees schedule is necessary for a Member, alternative fee schedules will be submitted upon signing this Agreement. 8.1 Personnel. Requesting Member will pay Responding Member for work completed by Responding Member personnel during a specified Period of Assistance according to the terms provided in their employment contracts or other conditions of employment. The supervisor(s) designated by the Responding Member must keep accurate records of work performed by personnel during the specified Period of Assistance. Reimbursement must include all personnel costs, including salaries or hourly wages (including overtime and backfill), costs of fringe benefits, and indirect costs when reimbursing Responding Member. If a Responding Member uses rates different from these costs, the fee schedule may be attached to the signed agreement and submitted to the AZWARN Board. 8.2 Equipment. The Requesting Member will reimburse the Responding Member for the use of equipment during a specified Period of Assistance. Requesting Member will use equipment rates based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a Responding Member uses rates different from those in the FEMA Schedule of Equipment Rates those rates may be attached to the signed agreement and submitted Secretary of State File No.: 26721 to the AZWARN Board. In the event of equipment not included in the schedule of equipment rates, the Responding Member must provide such rates in writing to the Requesting Member prior to supplying resources. The Requesting Member and Responding Member must mutually agree, in writing, on rates prior to Responding Member's dispatch of equipment. 8.3 Materials and Supplies. The Requesting Member must reimburse the Responding Member in kind or at actual replacement cost, plus handling charges, for use of expendable or non-returnable supplies. The Responding Member will not charge direct fees or rental charges to the Requesting Member for other supplies and reusable items that are returned to the Responding Member in a clean, damage-free condition. The Responding Member and Requesting Member will treat reusable supplies that are returned to the Responding Member with damage as expendable supplies for purposes of cost reimbursement. 8.4 .Reimbursement Procedures. The Responding Member must provide an itemized invoice to the Requesting Member for all expenses it incurred as a result of providing assistance under this Agreement. The Responding Member will submit the itemized invoice to the Requesting Member no later than ninety (90) days following the end of the Period of Assistance. The Requesting Member will pay the full amount due no later than forty-five (45) days following the invoice date. Any amount that Responding Member leaves unpaid after 45 days will accrue interest at the statutory annual interest rate of 10% pursuant to A.R.S. § 44-1201. 8.5 Reimbursement Procedures by the State. It is expressly understood that when Responding Members provide aid under this Agreement to the Requesting Member, the State may reimburse the Requesting Member for eligible costs as appropriate. 8.6 Excess Costs. The Requesting Member will reimburse the Responding Member for actual excess costs incurred by Responding Member for required backfill or coverage. 8.7 Personnel Compensation and Insurance. The Requesting Member and the Responding Member will be responsible for all compensation and insurance coverage of their respective employees and equipment, if any, involved with mutual aid and consistent with A.R.S. § 26- 314.B. Article 9. Water Rights This Agreement will not affect water rights nor create any transfer of water rights. Members do not intend that this Agreement will serve as a means of drought relief. Drought will not be considered an Emergency under the terms of this Agreement. Article 10. Private Utilities 10.1 A participating Member may request assistance for a Private Utility or provide assistance from a Private Utility to a requesting Member pursuant to this Agreement under the following conditions: the Member must have a valid contract with the Private Utility that is consistent with the terms and conditions of this Agreement and the Member will agree to assure substantial compliance by the Private Utility with the terms and conditions of this Agreement. The Member may make substantial compliance a term of their contract with the Private Utility. 10.2 For purposes of this Agreement, the participating Member's Authorized Designee shall act as the representative of the Private Utility. 6 Secretary of State File No.: 26721 Article 11. Protected Information, Statewide Critical Infrastructure and Disclosure To the extent permitted by the Statewide Critical Infrastructure Information System Disclosure Law, A.R.S. § 41-1803 et seq., the Arizona Public Records Law, A.R.S. § 39-101 et seq., and other applicable laws, all Members will maintain the strictest confidence and will take all reasonable steps necessary to prevent the disclosure of any protected information disclosed under this Agreement. If any Member, or other entity requests or demands, by subpoena or otherwise, that a Member disclose any protected information disclosed under this Agreement, the Member will immediately notify the owner of the protected information and will take all reasonable steps necessary to prevent the disclosure of this information by asserting all applicable rights and privileges with respect to such information and will cooperate fully in any judicial or administrative proceeding relating thereto. Article 12. Dispute Resolution 12.1 Dispute Resolution. If a dispute arises out of or relates to this Agreement and if the dispute cannot be settled through negotiation, the Members agree first to try in good faith to resolve the dispute by mediation before resorting to litigation or some other dispute resolution procedure. 12.2 Mediation Procedure. Mediation will take place in a location agreed to by the Members, will be self-administered and be conducted under the CPR Mediation Procedures established by the CPR Institute for Dispute Resolution, with the exception of the mediator selection provisions, unless other procedures are agreed upon by the Members. 12.2.1 Commencement of Mediation. Either Member may refer the dispute to mediation by sending by U.S. mail, certified and return receipt requested, to the other Member or Members a written notice (the "Mediation Notice") calling on the other Member or Members to proceed to mediation. The Member or Members who have received a Mediation Notice will contact the Member calling for mediation seven (7) days from receipt of the Notice to confirm receipt of the Mediation Notice and to begin the mediator selection process. 12.2.2 Mediator Selection. Unless the Members agree otherwise, the Members will select the one or more mutually acceptable trained mediator(s) within fourteen 14 days of the confirmation of receipt of Mediation Notice. 12.2.3 Fees and Costs. Each Member agrees to bear its own fees and costs to participate in mediation. The Members will enter into a written agreement with the mediator(s) regarding the mediator(s)' fees and expenses before the first mediation session. The Members will share equally the mediators' fees and mediation expenses. 12.2.4 Subsequent or Contemporaneous Contracts. The Members will include this provision in all subsequent or contemporaneous contracts relative to this matter, absent specific written agreement of the Members otherwise. 12.3 Participation in Mediation. The Members agree to encourage participation in mediation by all relevant Members. The Members will not be obligated to mediate if a Member who is needed to fully resolve dispute is unwilling to join. 12.4 Waiver. This section does not constitute a waiver of the Members' rights to arbitrate or initiate legal action if a dispute is not resolved through good faith negotiation or mediation, or if provisional relief is required under the Arizona Rules of Civil Procedure. 7 Secretary of State File No.: 26721 Article 13. Indemnification Each Member (as "Indemnitor") agrees to indemnify, defend and hold harmless the other Member (as "Indemnitee") from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious or derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees or volunteers. This indemnification shall survive termination of this Agreement or the termination of the participation of any of its Members Article 14. Worker's Compensation Claims Each Member will be responsible for any injuries which may occur to their own personnel during the course of rendering mutual assistance pursuant to this Agreement. In accordance with A.R.S. § 23-1022, each Member will be deemed the primary employer and will have sole responsibility for the payment of worker's compensation benefits to its respective employees. Each Member will comply with the notice provisions of A.R.S. § 23-1022(E). Article 15. Notice of Claim or Suit A Member who becomes aware of a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Members of this Agreement will provide prompt and timely notice to the Members who may be affected by the suit or claim. Each Member reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. Article 16. Insurance Each Member will bear the risk of its own actions, as it does with its operations, and determine for itself what kinds of insurance, (including self-insurance), and in what amounts, it should carry. Nothing herein will act or be construed as a waiver of any sovereign immunity or other exemption or limitation on liability that a Member may enjoy. Article 17. Effective Date; Term 17.1 Effective Date. This Agreement will become effective for each Member after approval by its Governing Body and on the date it is recorded with the Secretary of State (the "Effective Date"). 17.2 Term. Except as otherwise provided in this Agreement, this Agreement will terminate June 30, 2020 unless extended. Upon termination any involved property shall revert to the original owner unless conveyed to another participant pursuant to the terms of this Agreement. Secretary of State File No.: 26721 Article 18. Withdrawal Any Member may terminate its participation in this Agreement through a resolution of its Governing Body which gives notice of termination of participation in this Agreement and by filing a certified copy of such resolution with the Secretary of State and providing a copy to the AZWARN Chairperson. This Agreement is terminated as to such Member twenty (20) days after the filing of such resolution. 'The termination by one or more of the Members of its participation in this Agreement will not affect the operation of this Agreement as between the other Members thereto. Article 19. Non-Appropriation Notwithstanding any other provision in this Agreement, any Member may withdraw from this Agreement if for any reason the Member's Governing Body does not appropriate sufficient monies for the purposes of this Agreement. In such event, a withdrawing Member will have no further obligation to the other Members other than for payment for services rendered prior to withdrawal Article 20. Prohibition of Third Parties and Assignment of Rights and Duties 20.1 This Agreement is for the sole benefit of the Members and no person or entity may have any rights under this Agreement as athird-Member beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited. 20.2 Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties who are not Members or affect the legal liability of any Member by imposing any standard of care different from the standard of care imposed by law. Article 21. Other Mutual Aid and Assistance Agreements Nothing in this Agreement will limit any Member's ability to continue with, or enter into, other mutual aid or assistance agreements, including those with Tribal governments. The Members may negotiate mutual aid agreements with Tribal government as appropriate Article 22. Americans with Disabilities Act Each Member will comply with applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. Article 23. Non-Discrimination No Member will discriminate against any employee, client, or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out Member duties pursuant to this Agreement. Each Member will comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which are incorporated into this Agreement by reference, as if set forth in full herein. 9 Secretary of State File No.: 26721 Article 24. Compliance with Laws Each Member will comply with all federal, state and local laws, rules regulations, standard and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona will govern the rights of the Members, the performance of the Agreement and any disputes hereunder. Any changes in the governing laws, rules and regulations during the terms of this Agreement will apply but do not require an amendment of this Agreement. Article 25. Entire Agreement This document constitutes the entire agreement among the Members pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement will not be modified, amended, altered or extended except through a written amendment approved by the Members' Governing Bodies and recorded with the Arizona Secretary of State. Article 26. Jurisdiction Nothing in this Agreement will be construed as otherwise limiting or extending the legal jurisdiction of any Member. Nothing in this Agreement is intended to confer any rights or remedies to any person or entity that is not a Member under this Agreement. Article 27. Conflict of Interest This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38- 511, the pertinent provisions of which are incorporated herein by reference. Article 28. Severability If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. Article 29. Execution Procedure This Agreement will be executed in counterparts by the Governing Body of each Member. Upon execution, the counterpart will be filed with the Secretary of State. Article 30. Responsibility of the State of Arizona Nothing within this Agreement limits or restricts the duties and obligations of the State of Arizona to respond to the Emergency of any Member. 10 Secretary of State File No.: 26721 MUTUAL AID AGREEMENT AN INTERGOVERNMENTAL AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK Town Signature Page Town of Marana IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, an Intergovernmental Agreement among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Mayor, Town of Marana ATTEST: Date: Town Clerk Date of formal approval Governing Body: Pursuant to A.R.S. § 11-952(D), the attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: Town Attorney Town of Marana 11 ~pWN OF TOWN COUNCIL ~. MEETING TOWN OF MARANA q MARANA ~ INFORMATION ' gRIZONP MEETING DATE: July 1, 2008 AGENDA ITEM: I.2 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2008-88: Relating to Water Service; approving and authorizing the execution of the Intergovernmental Agreement between the Town of Marana and the University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona. DISCUSSION The Water Conservation Alliance of Southern Arizona (Water CASA) is designed to improve the efficient use of the region's limited water resources, implementing effective conservation measures and rate designs, protecting community aesthetics and quality of life by promoting attractive, low-water-use landscaping and improving water resources management in general. Water CASA employs and utilizes staff experienced in planning, development and evaluation of water conservation measures and programs, and related water resource management, and research and publication in these areas. The Town is currently a member of Water CASA and this Intergovernmental Agreement extends our membership. The baseline funding will be provided by annual contributions from members. The annual contribution is calculated by assessing a base fee, an assessment based upon the service area population, and an assessment based upon the acre-feet of water delivered. The annual membership contribution for the Town of Marana for fiscal year 2009 will be $7,420. ATTACHMENT Intergovernmental Agreement. RECOMMENDATION The Utility Commission and Staff recommend approval of the Intergovernmental Agreement between the Town of Marana and the University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona. SUGGESTED MOTION I move to adopt Resolution No. 2008-88. BLU Water Casa FY09 06/24/20084:47 PMAPM MARANA RESOLUTION N0.2008-88 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE UNIVERSITY OF ARIZONA TO EXTEND MEMBERSHIP IN THE WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA. WHEREAS, the Water Conservation Alliance of Southern Arizona (Water CASA) and the Town share a common goal in the area of efficient use of the region's limited water resources, implementing effective conservation measures and rate designs, protecting community aesthetics and quality of life by promoting attractive, low-water-use landscaping, and improving water resource management in general; and WHEREAS, the Water CASA is designed to allow municipalities in Southern Arizona to share experience, skills and information and to benefit from economics of scale in water conservation efforts; and WHEREAS, funding for the Water CASA comes from annual contributions from member fees, calculated by assessing a base fee, an assessment based upon the service area population, and an assessment based upon the acre-feet of water delivered; and WHEREAS, the membership fee for the Town of Marana, for fiscal year 2009, will be $7,420; and WHEREAS, the Mayor and Town Council have determined that the Town's membership in the Water CASA is in the best interest of the residents of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Intergovernmental Agreement between the Town of Marana and the University of Arizona, attached as Exhibit A to and incorporated here by this reference, to extend membership in Water CASA, is hereby authorized and approved. SECTION 2. The Utilities Director is hereby authorized and directed to execute said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1St day of July 2008. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 070108 Water CASA 09 RSO 2008-88 2 APM 06/24/2008 INTERGOVERNMENTAL MEMBER AGREEMENT Between the TOWN OF MARANA, ARIZONA And ARIZONA BOARD OF REGENTS For the UNIVERSITY OF ARIZONA Tucson, Arizona To extend membership in the WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA This Agreement is made pursuant to the Arizona Revised Statutes § 11-951 et.seq., between the Arizona Board of Regents on behalf of the University of Arizona, hereinafter called the UA, and the Town of Marana, Arizona, hereinafter called Member. The Arizona Board of Regents on behalf of the University of Arizona is authorized to enter into this Agreement pursuant to Arizona Revised Statute § 15-1625. Member is authorized #o enter into this Agreement pursuant to Arizona Revised Statute §§ 9-Z40 and 11-951. 1. INTRODUCTION The Town of Marana, Arizona, for its Municipal Water Department, (the Member} and the College of Architecture and Landscape Architecture at the University of Arizona (UA), Tucson, share common goals in the areas of efficient use of the region's limited water resources, implementing effective conservation measures and rate designs, protecting community aesthetics and quality of life by promoting attractive, low-water-use landscaping, and improving water resources management in general. In furtherance thereof, the organizations have developed experienced staffs which are involved in the planning, development, and evaluation of water conservation measures and programs and related water resource management, and research and publication in these areas. The Member and the Co{lege of Archi#ecture and Landscape Architecture each believe that the establishment of a more formal relationship, to be known as the Water Conservation Alliance of Southern Arizona (Water CASA), will enhance their abilities to continue and expand these activities through the hiring of qualified conservation specialists, sharing of analyses and experiences, and cooperating with other interested parties to achieve greater effectiveness and economies of scale. Therefore, the Agreement is established between the Member and the University of Arizona for membership in Water CASA, to provide a basis for collaborative efforts. 2. PURPOSE The primary purpose of Water CASA shall be to provide water conservation and planning services #o participating municipal water providers and other parties of interest in southern Arizona. Water CASA is designed to; i. improve the effec#iveness of municipal water conservation efforts through close collaboration be#ween UA and the Member; ii. join with others to share experience, skills and information and benefit from economies of scale in conservation efforts; and iii. serve as a focal point for cooperation in developing and managing conservation-oriented research grants and pilot projects. 3. SCOPE OF WATER CASA- Water CASA represents a cooperative link between professional staff of the member organizations and the University of Arizona. Water CASA will concern itself with improving water resource management practices of its members. As focus areas, WATER CASA will concentrate on: i. exterior residential water conservation measures; ii. impacts of development and trends in new construction on water demand and conservation potential; iii. effects of conservation measures on wastewater systems and public health issues; and iv. other areas as determined by the Board. This link will be between the College of Architecture and Landscape Architecture of UA and the Member, The parties intend through this agreement to use Water CASA as a vehicle available to any large municipal wa#er provider or other interested organization pursuing program evaluation or applied research within the scope of this center's mission. Plan of Work may be revised. Brad DeSpain, Water Utility Director, is the official authorized #o approve and modify such description for the Member; Val L. Little is the official authorized to approve and modify such description for UA. 4. STRUCTURE OF WATER CASA Water CASA will consist of the Board, the Director, and faculty, staff, students, administrative and clerical support personnel drawn from the College of Architecture and Landscape Architecture, and the UA in genera(. Water CASA Board A. The Board of Water CASA (the Board) will have the following responsibilities: (1) to maintain cooperation between the sponsoring member institutions; (2) #o create and maintain the highest standards of work; (3) to review and approve the policies and priorities of Water CASA; {4) to evaluate programs and activities; {5) to review and approve the Water CASA budget and fiscal management; {6) to adopt appropriate by-laws, and modifications, as necessary for the operation of Water CASA; (7) to evaluate Water CASA Director; {8) to make recommendations for filling a vacancy in the position of Water CASA Director, and for hiring or filling a vacancy in the professional staff responsible for carrying out programs; and {9) to review and recommend revisions to this Agreement. 8. The Board shall consist of the following: (1) one representative selected by each municipal water provider Member of Water CASA; {2) one representative of any other organizations interested in the work of Water CASA and materially supporting and participating in Water CASA activities, admitted as a Member at the discretion of the Board; and (3) the Director of Water CASA, who will serve as anon-voting member. C. The Chairperson of the Board shall be elected by the members of the Board from the Board's membership and shall serve aone-year term. The Chairperson may be elected to consecutive #erms. D. The Board shall meet no less often than quarterly upon the call of the Chairperson. More frequent or additional meetings shall be held when called by the Chairperson or by a majority of the members. E. Board decisions shall be by majority vote of those members present and voting. Meetings shall be conducted in conformance with Robert's Rules of Order. The Director of Water CASA A. The Director will be a UA staff member assigned to the UA College of Architecture and Landscape Architecture to be appointed in accordance with procedures to be established by the UA and Water CASA, and approved by the Board. The Director shall be evaluated annually by the Board. B. The responsibilities of the Director are to: (1) provide program leadership and contribute actively in the programmatic activities of Water CASA; (2) review all work products produced by Water CASA personnel; {3) prepare an annual report of activity, program results, fiscal review, following year proposed join# activities and following year proposed Water CASA budget for presentation #o the Advisory Board; (4} manage and administer Water CASA in a manner consistent with applicable UA, municipal, county, state and federal laws, regulations, policies and guidelines; and (5) maintain accountability for all funds supplied to Water CASA, 5. SUPPORT Baseline funding for Water CASA will be provided by annual contributions from member organizations, and used for purposes consistent with the budget approved by the Board. The annual contribution from member municipal water providers shall consist of a minimum pro rata amounf collected from each member plus an amount based on the municipal provider's annual water deliveries. The annual contribution formula for municipal water providers is $4,000 plus an amount per acre-foot of annual water deliveries. The formula will be adjusted annually by the Board so as to provide an adequate baseline budget for Water CASA. For fiscal year 2009, the formula will be $1.80 per acre-foot. Contributions shall be paid to the University of Arizona as a single lump sum within 60 days of the date upon which this Agreement is signed and annually #hereafter. Contributions by members other than municipal water providers, if any, shall be determined on a case-by- case basis by the Board in a manner #hat reflects the interests of fhe member in Water CASA's activities and programs. The annual membership contribution for Town of Marano, for Fiscal Year 2009 will be $7,420. 6. POLICIES General policies of Water CASA are: A. All members of Water CASA shall have free access to all Water CASA work products, compilations of data and information, and other materials. B. No classified or confidential work will be performed by Water CASA. Efforts will be made to disseminate the results of evaluations, pilot projects, and applied research with other entities that may benefit from the information. C. Work performed on behalf of Water CASA by UA faculty, staff and students shall be subject to applicable academic policies and standards. D. Contracts, grants, or other agreements entered into pursuant to this memorandum shall contain appropriate provisions relating to Equal Employment Opportunity and Non-Discrimination. 7. RESPONSIBILITIES OF THE MEMBER ORGANIZATIONS Each member organization takes full financial responsibility for implementing its obligations under this agreement. Each Party's ability to perform under this Agreement is contingent upon funding authorization. In addition to the process described in Section 6 concerning financial support to the University #rom Member organizations, each Party shall be free to enter into agreement with WATER CASA or the College of Architecture and Landscape Architecture to provide additional water resource-related services of benefit to the individual Rarty. Such work will not be subsidized by the operating budget of Water CASA. This Agreement shall not be construed as limiting the ability of any member organization to contract with or enter into any sort of agreement with other organizations to provide water conservation and planning services. 8. PERIOD OF AGREEMENT The period of this Agreement shall be for one year from the effective date of this agreement. The Parties may extend this period upon their mutual agreement. Either party may terminate this Agreement upon 60 days advance written notice. 9. OTMER AGREEMENTS In the event any grant or cooperative agreement is issued in association with this Agreement, the terms of such grant or cooperative agreement shall control and any inconsistency between any such provision and any provision of this Agreement shall be resolved in accordance with said grant or cooperative agreement. 10. APPLICABLE LAW This Agreement shall be governed solely by Arizona law for all purposes including, but not limited to, determining the validity of this Agreement, the meaning of its provisions, and the rights, obligations and remedies of the parties. 11. ASSIGNMENT This Agreement may not be assigned, in whole or in part, by either party without the prior written approval of the other party to this Agreement. 12. STATE OBLIGATION The parties recognize that the performance by the Arizona Board of Regents for and on behalf of the University of Arizona may be dependent upon the appropriation of funds by the State Legislature of Arizona. Should the Legislature fai! to appropriate the necessary funds or if the University's appropriation is reduced during the fiscal year, the Arizona Board of Regents may reduce the scope of this agreement if appropriate or cancel the Agreement without further duty or obligation. The Board of Regents agrees to notify the other party as soon as reasonably possible after the unavailability of said funds comes to its attention. Should the Agreement be canceled or its scope materially reduced to a level that Water CASA Board decides is no longer useful, the University of Arizona shall refund to the Members on a pro rata bas'ss all unspent contributions. 13. ARBITRATION The parties agree that any dispute arising under this agreement involving the sum of $30,000 or less in money damages only shall be resolved by arbitration pursuant to the Arizona Uniform Rules of Procedure for Arbitration. The decision of the arbitrator(s) steal! be final. 14. CONFLICT OF INTEREST This Agreement is subject to the provisions of A.R.S. § 38-511 and the State of Arizona may cancel this Contract if any person significantly involved in negotiating, drafting, securing or obtaining this Contract for or on behalf of the Arizona Board of Regents becomes an employee in any capacity of any other party ar a consul#ant to any other party with reference to the subject matter of this Contract while the Contract or any extension hereof is in effect. 15. NON-DISCRIMINATION The parties agree to be bound by applicable state and federal rules governing Equal Employment Opportunity and Non-Discrimination. IN WITNESS WHEREOF, the Parties do hereby execute this Agreement effec#ive as of the date later in time indicated below. University of Arizona Town of Marana Board of Regents Approved as to content: print or type name Date Date print or type name Brad DeSpain, Director Municipal Water Department The Attached intergovernmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Assistant Attorney General who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the Attorney General. DATED this day of , 2008 The Attorney General Assistant Attorney General The Attached intergovernmental agreement, which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned legal representative of the Town of Marana, Arizona, who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the Town of Marana Attorney. DATED This day of , 2008 Town of Marana `~W N Ot, TOWN COUNCIL a :: MEETING TOWN OF MARANA v MaaaNA ; INFORMATION gRItuNP MEETING DATE: July 1, 2008 AGENDA ITEM: J. 1 TO: TOWN COUNCIL FROM: Mayor Ed Honea SUBJECT: Relating to Administration; Appointing Gilbert Davidson as Town Manager. DISCUSSION The position of Town Manager is one of two positions reserved for appointment directly by Mayor and Council. Michael A. Reuwsaat, Town Manager since August 1, 2003, is resigning effective August 5, 2008. From July 11 to August 5, Mr. Reuwsaat plans to transition the day- to-day administration of the Town to the new Manager appointed by the Mayor and Council. Therefore, it is suggested that the new Town Manager be appointed effective July 11. Gilbert Davidson began his Marana employment as Assistant Town Manager on June 15, 2005, and was appointed Deputy Town Manager June 7, 2006. Before joining the Town of Marana, he served as the City Manager of the City of Willcox for three years and was employed as a Project Manager/Senior Project Coordinator for the University of Arizona for four years. During Mr. Davidson's employment with the Town, he has worked closely with Mr. Reuwsaat and has had primary responsibility for the Town's development services and public works func- tions. Among many other things, Mr. Davidson was responsible for introducing new process and system improvements for development services, including improvements to the permit/service delivery function, the land development code rewrite, customer service training, and enhanced inter-departmental coordination. While he was the City Manager of Willcox, Mr. Davidson's accomplishments included success- fully organizing the City Council's strategic projects initiative, focusing on community infra- structure improvements, community beautification, and economic development; receiving com- munity support to issue bonds for a municipal police/magistrate building and a water well and storage system; developing and implementing a comprehensive street improvement program; and launching a major park improvement initiative. Mr. Davidson has a Masters degree in Public Administration from the University of Arizona, where he served as President of the student body in the 1997-98 school year. Mr. Davidson has long and strong relationships with many local officials and has worked closely with other mu- nicipal, county, state, and federal agencies on behalf of the Town. His education, experience, and deep knowledge of the community are valuable assets that will assist in the smooth transition of the Town. {00009866.DOC/} FJC/cds SUGGESTED MOTION I move to appoint Gilbert Davidson as Marana Town Manager effective July 11, 2008, with a contract to be negotiated by the Mayor and brought back to Council for final approval at the July 15, 2008, meeting. -2- 1nWN Or TOWN COUNCIL MEETING TOWN OF MARANA 9 AR NA ~ INFORMATION ''~` gRiZONp MEETING DATE: July 1, 2008 AGENDA ITEM: K. 1 TO: MAYOR AND COUNCIL FROM: Gilbert Davidson, Deputy Town Manager SUBJECT: Ordinance No. 2008.15; Relating to Boards, Committees and Commissions; accepting the recommendations of the special Council Taskforce on Advisory Commissions; amending sections 2-6-Z and 2-6-3 of the Town Code; amending the commission handbook and bylaws; and declaring an emergency. DISCUSSION On June 10, 2008, staff presented the recommendations of the special Council Taskforce on Advisory Commissions to Mayor and Council. These recommendations came from a review of suggested modifications which were presented to Mayor and Council in a study session on April 8, 2008. The Taskforce was charged with examining the six current advisory commissions and their operational status. The effectiveness of each commission was called to question, with specific focus on the following: • Commission function such as intended purpose, community benefit, and needs that are not being addressed; and • Commission policies and procedures such as size, residency requirements, rules related to multiple appointments, application process; and • Commission accountability and transparency such as updates and reports to Council and community involvement. This ordinance will have the effect of adopting the recommendations which were presented to Mayor and Council and approved by the special Council Taskforce on Advisory Commissions, by updating the Town Code and the Commission handbook and bylaws. The revised handbook and bylaws are attached to the ordinance as Exhibits A and B respectively. RECOMMENDATION Staff recommends that the Council adopt this ordinance incorporating the recommendations of the special Council Taskforce on Advisory Commissions. {00009815.DOC /} 06/24/2008 CIH FINANCIAL IMPACT None. ATTACHMENT(S) Revised Commission handbook and bylaws showing changes and deletions. SUGGESTED MOTION I move to adopt Ordinance number 2008.15. MARANA ORDINANCE N0.2008.15 RELATING TO BOARDS, COMMITTEES AND COMMISSIONS; ACCEPTING THE RECOMMENDATIONS OF THE SPECIAL COUNCIL TASKFORCE ON ADVISORY COMMISSIONS; AMENDING SECTIONS 2-6-2 AND 2-6-3 OF THE TOWN CODE; AMENDING THE COMMISSION HANDBOOK AND BYLAWS; AND DECLARING AND EMERGENCY. WHEREAS a review of the function, policies and accountability of advisory commis- sions which have been established by the Mayor and Council is in the best interest of the Town of Marana; and WHEREAS a special Council Taskforce on Advisory Commissions was created to re- view staff recommendations and has suggested changes to Title 2 of the Marana Town Code and also to the Commission handbook and bylaws. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Sections 2-6-2 and 2-6-3 of the Marana Town Code are hereby revised as follows (with deletions shown with and additions shown with double underlining): Section 2-6-2 Application, recommendation, appointment and removal A. Vacancies on new and existing citizen boards, committees and commissions shall be announced on the town's Internet web site with an open invitation so- liciting applications from interested citizens. Additional notices may be pub- lished and posted as directed by the town manager. B. After the announcement is first published the town clerk shall receive citizen applications for a minimum of ten working days unless an insufficient number of applications have been received in which case the town clerk shall continue to receive applications unto enough have been received to fill the vacancy or vacancies. C. No more than ten days after the close of the application period, as provided in paragraph B above, the town clerk shall forward all applications to the town manager. D. The town manager and/or one or more individuals appointed by the town manager shall review the applications, investigate the qualifications of the ap- plicants, and make a recommendation to the town council concerning the ap- pointment. {00009844.DOC /} - l - 8/1/2006 3:17 PM FJC E. The town council shall receive the applications and the recommendation at a regularly scheduled public meeting not more than thirty days after the town manager's receipt of the applications. The town clerk shall mail each citizen applicant notice of the public meeting concerning the appointment. F. At the public meeting concerning the appointment, the town council may do one or more of the following: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. Take applications from the audience. 5. Receive nominations from members of the town council. 6. Take any other action it deems appropriate. G. Citizen members of boards, committees and commissions shall serve without compensation, except for reimbursement of town-approved necessary and reasonable expenses incurred in accomplishing the purposes of the board, committee or commission. H. A member of any board, committee or commission may be removed from of- fice with or without cause by a majority vote of the entire membership of the town council. Section 2-6-3 Terms of office All terms of office for boards, commissions and committees shall be for two years with a maximum of three consecutive terms allowed not to exceed a maximum of six consecutive years, except that the initial terms of office of any new board, commission or committee shall be staggered so that the terms of no more than a simple majority of members ends every two years. SECTION 2. The amended Citizen Advisory Commission handbook and bylaws, at- tached as Exhibits A and B respectively and incorporated herein by this reference are hereby adopted. SECTION 3. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- atelyupon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of July, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00009844.DOC /} - 2 - 6/20/2008 CIH BYLAWS OF TOWN OF MARANA INSERT NAME ADVISORY COMMISSION POLICY The Town of Marana Insert Name Advisory Commission was formed by the approval and adoption of Ordinance No. 2006.25 by the Marana Town Council on September 5, 2006, to provide a consistent and inviting community forum for the public to hear about and give comments on Insert Mission. II. COMMISSION DESCRIPTION • Insert appropriate commission description MEMBERSHIP A. There shall be at least five and no more than seven regular members of the insert name Advisory Commission, appointed by the Town Council to represent list what the commission will represent. B. A majority of commission members will reside or have their primary business within the Town of Marana; however qualified commissioners from outside of the Town will be considered for membership. C. The members of the INSERT NAME shall be appointed by the Mayor and Council of the Town of Marana in the manner they deem fit, each to serve atwo-year term with a maximum of three consecutive terms allowed not to exceed a maximum of six consecutive years. D. The initial terms of office for a new comet°- ~ erms of no more than a simple majority o" ames of the initial Council appointment ~ remaining names will be for a term of two E. In the event that a vacancy oca ie vacancy shall be filled through tl ®i //" '• Mayor and Council to serve the unexpir ~ .( IV F. If a commissioner is not in attend; meetings or from more than one-r. shall be made to the Town Counci G. One Council member shall be appo The Council member shall attend m H. Commission members may serve on OFFICERS duled n cation gyn. A. The Chair and Secretary will be selected every year at the regularly scheduled meeting in the month of insert month by the commissioners present and will assume office at the next commission meeting. {oooo9a6i.noc i} B. Any officer or agent elected or appointed by the commission may be removed by the commission whenever, in the judgment of majority of the commissioners, the best interests of the commission would be serve thereby. Any such removal shall be without prejudice to the contract rights, if any, of the person so removed. C. Any vacancies of officers will be filled by a majority vote of the commissioners at the next meeting of the commission following the occurrence of the vacancy. The person selected to fill the vacancy will serve the remainder of the vacancy term. V. RESPONSISBILITIES OF THE CHAIR A. The Chair shall preside at all meetings of the commission. In the event of the absence of the Chair, the Secretary shall preside. In the absence of both the Chair and Secretary, the attending commissioners shall appoint an acting Chair. B. The Chair shall appoint and remove all members to sub-committees of the commission. C. The Chair shall preserve order and decide all points of order. D. The Chair shall assist the clerical support staff in drafting and sign any recommendation letters and actions taken by the commission. In the absence of the Chair, any other CAC member may sign on behalf of the commission. E. The Chair shall coordinate and approve the final format of the agenda no later than one week prior to the meeting. F. The Chair shall develop a monthly Council Communication form for use by the Commission. G. The Chair shall schedule an annual report to be presented to the Council VI. RESPONSISBILITIES OF THE SECRETARY A. The Secretary shall assist the Chair in preparing a draft agenda. B. The Secretary shall attend scheduled commission meetings to take summary minutes. C. The Secretary shall sign and send copy of approved minutes to the Town Clerk's office. D. The Secretary shall oversee maintenance of the commission mailing list. E. The Secretary shall oversee maintenance records of commission agendas, approved minutes and correspondence. F. The Secretary shall refer all public requests for copies of approved minutes or Commission correspondence to the Town Clerk's office. VII. RESPONSIBILITIES OF MEMBERS A. It is the responsibility of the commissioners to attend regular and special meetings. B. No_ commissioner shall leave any regular or special commission meeting during such meeting without permission of the Chair. C. The commission shall strictly follow A.R.S. 38-431.03, also known as the Arizona Open Meeting Law. The Chair and members shall familiarize themselves with the requirements of such law, including notice of meetings, taking of minutes, issues to be discussed and the other specifics of the law. {oooo9s6i.voc i} D. Commissioners shall abide by the guidelines set forth in the Town of Marana Advisory Commission Handbook. E. The Commission is authorized to call executive sessions, closed to the general public during any regular of special meeting, so long as such executive session is authorized by A.R.S. 38-431.03. F. The Commission shall develop an annual work plan which shall be presented to Council. G. All commissioners shall attend the Town of Marana CREW program prior to the completion of their first term. VIII. SUB-COMMITTEES A. All sub-committees shall consist of at least three members. B. All sub-committees shall select asub-committee Chair from among the members of such sub-committee, at the first meeting of the sub-committee. C. The sub-committee Chair shall preserve order and decide all points of order for meetings of the sub-committee. D. The Chair shall set the date, time and place of the first sub-committee meeting, and the sub-committee Chair shall set all subsequent meetings. E. The sub-committee Chair shall bring all actions and recommendations to the Commission. No sub-committee shall be authorized to directly present information to the Town Council, or take other action, without such action being approved by the Commission. IX. RESPONSIBILITIES OF THE STAFF LIAISON The Staff Liaison is an ex-officio, non-voting member of the commission provides support for the following: A. Assists in the creation of the agenda and reviews the draft agenda for accuracy. B. Attends CAC meetings and prepares updates and arranges for town staff to attend when necessary. C. Prepares responses to inquiries made during public comment. D. Prepares responses of requests from CAC members. E. Arranges for meetings that may have a large turnout (new location, chairs, tables, audio equipment, and refreshments. F. Brings CAC materials such as member name-cards, maps, and other regularly used materials to each meeting. G. Takes minutes if the CAC secretary or clerical support staff is not available. X. MEETINGS OF MEMBERSHIP A. The Insert Name Advisory Commission shall hold regular meetings on the (list date) of each month for transaction of business as may come before the meeting. The meetings {00009861.DOC /} of the members will be held at the Marana Municipal Complex, Marana, Arizona, or other locations as designated by the Chair. Whenever a legal holiday occurs on the same day as a meeting, such meeting shall either be cancelled or rescheduled. B. The Chair may convene the commission at any time by notifying the members of the date, hour and purpose of such special meeting. The commissioners shall be given at least 24 hours' notice of such special meeting by personal notice and the posting of the notice agenda on the Town's official posting sites. C. It shall be the responsibility of the Chair to develop a written agenda for all commission meetings which meets the requirements of the Arizona Open Meeting Law. The Staff Liaison may assist in this process. Commissioners may contact the Chair to have items placed on the agenda, and shall attempt to do so at least seven working days prior to the meeting date. All agendas shall be provided to the clerical support staff, who shall assure all agendas are properly posted as required by the Arizona Open Meeting Law. D. All sub-committees will be placed on the agenda for a report on the status of work in progress for that sub-committee. E. Business matters of the regular meeting shall be considered as far as practicable in the following order: 1. Call to Order 2. Introduction of Commissioners 3. Approval of Agenda 4. Approval of Minutes 5. Action Items 6. Sub-Committee Reports 7. Community Reports (Optional) 8. Call to the Public 9. Future Agenda Items 10. Adjournment XI. PROCEDURE A. At all meetings of the commission, the Chair shall call the commission to order and the Secretary shall record the members present and absent. The Chair may call each matter of business in the order listed on the Agenda. B. The Chair shall conduct meetings using parliamentary procedure as recommended by the Arizona League of Cities and Towns, unless such rules are suspended by a majority vote of the commission. C. When a member desires to speak or make a motion, that person shall address himself or herself to "Mr. or Madam Chair". Upon being recognized that person may address the Chair. D. When more than one member addresses the Chair and wishes to speak, the Chair will recognize the person who first addressed the Chair. E. No member shall interrupt another, except to call to order or to correct a mistake. F. At any meeting of the members, 50% plus one of the members, excluding vacant positions, shall constitute a quorum. If, after 30 minutes, a quorum is not present, the commission may choose to meet informally for discussion purposes, all action will be postponed and agenda items placed on the next special or regular commission meeting. {00009861.DOC /} G. A majority of affirmative votes of the quorum present shall be necessary to pass any action of the commission. H. Commissioners shall not vote where there is a conflict of interest and shall disqualify him or herself in such an event, as provided by A.R.S. 38-501 et. seq. When a conflict occurs, the member shall not debate or discuss the matter. I. The Chair may vote or decline to vote on all matters and his or her failure to vote shall not be counted as an affirmative vote. The Chair shall break all ties. J. Motions may be determined by voice vote or at the request of a commissioner by roll call vote. The Chair shall declare all votes. If any member doubts the voice vote, a roll call shall be ordered. When a roll call vote is commenced, no member shall engage in discussion of the question being voted upon. XII. PARTICIPATION BY THE PUBLIC A. Members of the public wishing to speak at commission meetings will be allowed to speak during public portions of the meeting, as well as during Call to the Public. The Chair may limit the length of public comment to three minutes at any time. B. No person in the audience shall be permitted to speak unless recognized by the Chair. The chair may permit persons to speak on any agenda item. C. Orderly procedure requires that each person shall proceed without interruption from the audience and shall retire when his or her time is up. All discussion shall be addressed to the commission and there should be no argument or discussion between individuals not on the commission. D. The members of the commission may ask questions and make appropriate comments. E. Citizens attending meetings shall observe rules or propriety, decorum and good conduct. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous whole addressing the commission while addressing the commission, may be removed if directed by the Chair. Unauthorized remarks from the audience, whether verbal or otherwise, shall not be permitted, and the Chair may expel offenders from the meeting. XIII. AMENDMENTS These bylaws may be altered, amended, or repealed and new bylaws adopted by a vote of the committee members representing a majority of all the members at any meeting or special meeting when the proposed amendment has been set out in the notice of such meeting. Any such amendment shall not affect any other portion of these bylaws. {oooo9s6i.DOC i} XIV. SEVERABILITY In the event any portion of these bylaws is found by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from these bylaws, and the remaining parts hereof shall remain in full force and effect as fully as though such invalid, illegal or unenforceable portion had never been part of there bylaws. Executed at Marana, Arizona, this day of , 20 ATTEST: Secretary Chair {00009861.DOC /} TOWN OF MARANA MISSION STATEMENT Our purpose is to provide our citizens with high~uality and valuable municipal services that will enhance and benefit their lives. We will strive to do this by being responsive and responsible in working with public and private entities. Our goal is to ensure that Marana remains a safe, stable and attractive community. Town Officials Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member Administrative Staff Position Name Telephone Town Manager Mike Reuwsaat 382-1911 Deputy Town Manager Gilbert Davidson 382-1912 Assistant Town manager Deb Thalasitis 382-1906 Town Attorney Frank Cassidy 382-1940 Town Clerk Jocelyn Bronson 382-1960 Chief of Police Terry Tometich 382-2000 Planning Director Barbara Johnson 382-2611 Finance Director Erik Montague 382-1930 Human Resources Director vacant 382-1920 Community Development Director T. Van Hook 382-1909 Technology Services Director vacant Parks and Recreation Director Tom Ellis 382-1950 Town Engineer/ Asst. Director of Public Works Keith Brann 382-2629 Asst. Director or Public Works/CIP Ryan Benavides 382-2673 Municipal Court Administrator Joe Teta 382-2712 Municipal Court Judge vacant 382-2710 Building Safety Official John Huntley 382-2615 Utilities Director Brad DeSpain 382-2500 Airport Director Charles Mangum 682-9565 Operations & Maintenance Director Mike Mencinger 382-2500 INTRODUCTION Thank you for volunteering your time and energy representing your community as a member of a Citizen Advisory Commission (CAC). The procedures adopted for the CACs apply to all standing commissions, boards and committees and any subcommittee or ad hoc or task force committee deemed necessary. The Town Council (Council) strongly encourages and appreciates the input given by the CACs. The CAC Handbook was created to help you understand the purpose of the CAC, your role as a CAC member, and how to go about getting the information you need to make responsive recommendations. Your participation is important and we hope you enjoy being a key participant helping to enhance Marana's future. {oooo9sss.DOC i} PURPOSE OF THE CAC CACs were created to provide a consistent and inviting community forum for the public to hear about and give comments on a number of local and town-wide topics. Town officials, staff, and other non-Town staff continually use CAC meetings as an opportunity to provide the public with information or updates. The Council appoints citizens who have a heartfelt interest in their community to sit on the CACs. RESPONSIBILITY OF THE CAC The responsibility of the CAC is to encourage and gather public comment on a range of topics which may affect its area. After the CAC has reviewed a topic and gathered public comments, an advisory recommendation may be relayed to Council. The CACs input is a valuable component of the Council's legislative decision-making process. WHAT IS AN ADVISORY CAC? While the concerns, insight, and discussions relayed by the CAC to Council are key components in the deliberative process, CACs do not make or set policies, ordinances or laws and are not in a position to interpret the zoning ordinance, the general plan or local community plan. CACs provide recommendations on a variety of topics. They are tasked with gathering input, making recommendations based on that information and relaying it to the Council. Some of the CACs receive a description of their duties from the Town Code, Land Development Code, or specific ordinances, and some are empowered by a Council directive or resolution. An ex-officio, non-voting Council Liaison is assigned to attend the CAC's meetings. A Staff Liaison is assigned to CACs to facilitate communications between the CAC and the Council as a whole. In addition, a Staff Liaison is assigned to provide administrative support to the work of the CAC. Citizen participation in finding answers to complex questions that face the Council can be secured, formally and efficiently, through the use of CACs. Such groups are meant to make recommendations after sifting and analyzing data. Both CAC members and Town officials should keep in mind that, for the most part, CACs are advisory in nature, and the Council must make the ultimate decision. ESTABLISHING ORDINANCE The establishing ordinance adopted by the Council for the CACs provides for the consistent procedure for appointment of members to the various Town boards, commissions and committees. The establishing ordinance of the Council (Ordinance No. 2006.25 amended by Ordinance 2008.XX) is located in the Appendix. BYLAWS Each CAC will be governed by a standard set of bylaws, see Appendix F, which can be adapted to the specific purpose of the CAC. Generally, the provisions contained in the bylaws are set forth below in more detail. RESPONSIBILITIES OF THE CHAIR Being the Chair of a CAC is an important role. The Chair is responsible for conducting the meeting, and tasked with creating an accurate and timely agenda. By coordinating with the Staff Liaison, CAC meetings will be inviting and successful. The following is a list of monthly duties: • Identify timely items requiring CAC action. The Staff Liaison can assist in this decision. • Each month, review and decide which items need to be on the CAC agenda. {00009858.DOC /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -2- • Coordinate and approve the final format of the. agenda so the clerical support staff can mail it out no later than one week prior to the meeting. • Arrange for another CAC member to chair the meeting if the Chair unable to attend. • After a meeting, assist the clerical support staff in drafting any recommendation letters. • Sign all CAC-approved recommendation letters. In the absence of the Chair, any other CAC member may sign. • Develop and a monthly Council communication form for use by the CAC • Schedule and present an annual report and annual work plan to Council. • On the first CAC agenda of the year, include "Selection of the Chairman". The chairmanship should be rotated among the CAC members to give others an opportunity to share the responsibilities. Each CAC Chair should coordinate mutually convenient processes to handle CAC business and agenda creation. Some work effectively using the phone, some use a-mail or faxes, and some arrange to meet occasionally in person. RESPONSIBILITIES OF THE CAC SECRETARY Duties of the CAC secretary include: • Attend scheduled CAC meetings to take summary minutes. • Sign and send copy of approved minutes to the Town Clerk's office. • Assist in preparing a draft agenda. • Maintain the CAC mailing list. • Maintain records of CAC agendas, approved minutes and correspondence. The Town Clerk retains the official CAC minutes. Refer all public requests for copies of approved minutes or CAC correspondence to the Clerk's office. RESPONSIBILITIES OF THE STAFF LIAISON The Staff Liaison assists and provides support for the following: • Assists in the creation of the agenda and reviews the draft agenda for accuracy. • Attends CAC meetings; prepares updates and arranges for town staff to attend when necessary. • Prepares responses to inquiries made during public comment. • Prepares responses of requests from CAC members. • Arranges for meetings that may have a large turnout (new location, chairs, tables, audio equipment, refreshments etc.) • Bring CAC materials such as member name-cards, maps, and other regularly used CAC materials, to each meeting. • Takes minutes if CAC secretary or clerical support staff is not available. The Staff Liaison is a ex-officio non-voting member of the CAC and is the direct link to the Council and other town/department resources and is here to help the CAC. A list of Town staff is found at the beginning of this handbook. {00009858.DOC /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -3- RESPONSIBILITIES OF CLERICAL SUPPORT STAFF Town clerical support staff will be assigned to take minutes and provide assistance as necessary for every CAC meeting. That assistance may include, but is not limited to: • Prior to an upcoming meeting email the draft agenda to the Staff Liaison to review. This is a necessary step to ensure that the agenda is accurate. • At the direction of the CAC Chair and concurrence by the Staff Liaison, prepare the final agenda and mail no later than five business days prior to the meeting. • Send copies of the agenda, draft minutes and other related information to the CAC members. • Send copies of the agenda to everyone who is on the CAC mailing list. + Request the Town Clerk to post the CAC agenda in designated public places as soon as possible after the agenda is finalized, but not less than 24 hours prior to the meeting. • Make additional copies of the agendas and have them available for the public at CAC meetings. • In the case of cancelled meetings, send everyone on the CAC mailing list a cancellation notice either by a-mail for first class mail and post the notice in the usual public places. • Take and prepare draft minutes for approval at the next scheduled meeting. • If unable to attend a meeting or complete routine CAC tasks, contact the Staff Liaison as soon as possible. • Arrange to obtain office supplies, as needed. TERM LIMITS CAC members may only serve on one commission per term and serve two-year terms with a maximum of three consecutive terms allowed not to exceed a total of six consecutive years. CAC members serve at the pleasure of the Council and can be removed from office by a majority vote of the Council at any time. All commissioners shall attend the Town of Marana CREW program by the completion of their first term. APPLICATIONS, VACANCIES, APPOINTMENTS, RE-APPOINTMENTS, ATTENDANCE AND RESIGNATIONS Applications Any member of the community who lives, works or owns property in Marana and who wishes to serve on a CAC must fill out an application and submit it to the Town Clerk's office. All applications of persons not appointed to the CAC are kept on file for one year. Applications of persons appointed to sit on a CAC are kept until they are no longer a member. Vacancies and Appointments The Town Clerk's office maintains a database regarding each CAC member and their term expiration date. If a member chooses not to be re-appointed or resigns prior to term expiration the seat must be posted as vacant prior to appointing a new member. The process of filling a vacancy is: {00009858.DOC /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -4- 1. A letter of resignation is considered effective upon submission to the Town Clerk. 2. The Town Clerk advises the Council of the vacancy during a Council Meeting and a notice of vacancy for the CAC is posted at the official posting locations. 3. The notice of vacancy is posted a minimum of 10 business days. 4. After the posting period, all applications received or on file are considered by the Manager's Selection Committee (MSC). The MSC will forward all applications and its recommendation to Council. The Council may wish to interview the candidate(s) in executive session, and if so, the Town Clerk will advise the candidates of the date and time of the meeting. 5. The Council approves the appointment of the new CAC member. 6. The Town Clerk will schedule an orientation and administer the Loyalty Oath to each appointee at least 24 hours prior to his/her first CAC meeting. 7. The Staff Liaison will facilitate getting the newly appointed CAC member a security identification badge from the IT department. Re-appointments When a CAC member's term is about to expire, the Staff Liaison and CAC members are notified by the Town Clerk. Upon receiving a letter of intention to remain on the CAC, the Council may choose to re-appoint the incumbent member. If the member wishes to be re-appointed, the re- appointment is placed on an upcoming Council agenda for approval under consent items. Should the Council choose to appoint a new member, steps 2 - 5 under Vacancies and Appointments would occur. ATTENDANCE Unless otherwise specified in the adopted CAC bylaws, an appointed member of any CAC who is absent without prior excuse from three or more consecutive scheduled meetings or from more than one-half the meetings in any one calendar year, will be considered to have resigned. The Town Clerk will notifiy the CAC in writing of the resignation. Resignation Letters If a CAC member chooses to resign his/her position on the CAC, a written letter of resignation should be sent to the attention of the Town Clerk, at 11555 W. Civic Center Drive, Marana, Arizona 85653. PROPER PROCEDURES All meetings, votes and records (including minutes) of CACs are open for public review unless state law or Town ordinance or resolution allows the closing of the meeting and the record for a specified and allowed purpose. Rarely will a CAC be involved with a matter that may be considered for a closed session. MEETING FACILITIES Meeting facilities for CACs are available at the Marana Municipal Complex, the Marana Operations Center and the Parks & Recreation Department. tt is the responsibility of the Staff Liaison to obtain a meeting place for the CAC that they serve. Public Accessibility and Accommodation of Special Needs Arizona law requires all meetings be held in a location that allows for public attendance. The federal Americans with Disabilities Act (ADA) requires all services, programs, activities and functions of the Town to be accessible to people with disabilities. In compliance with these federal {00009858.DOC /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -5- requirements, all CACs are required to conduct public business in an accessible and barrier-free environment. Individuals with special needs are encouraged to communicate their needs to the Town Clerk in advance of any meeting so that proper accommodations can be made for the individual to participate in the meeting. If an individual with a special disability attends a meeting without advance notice of the need to provide an accommodation, the Chair shall make every effort to postpone and reschedule the item of business for which the individual is attending the meeting until arrangements can be made to reasonably accommodate the person. THE ARIZONA OPEN MEETING LAW All CACs must observe the requirements of A.R.S. § 38-431.01, the Arizona Open Meeting Law, which is stated in its entirety in Appendix J -You As a Public Official -provided by the Arizona League of Cities and Towns. POSSIBLE CONFLICT OF INTEREST FOR CAC MEMBERS Occasionally, a CAC member may have a conflict of interest regarding an item before the CAC. CAC members are often active in many areas of their community and there may be instances where their professional activities touch on issues before the CAC. Anyone appointed to a CAC is a "Public Official" per Arizona law and a "CAC Official" under the Handbook for Citizen Advisory Commissions and is obligated to adhere to related standards of conduct and ethics. In particular, the Town needs to be aware of any actual or potential conflict of interest by a CAC appointee. If a CAC member is unsure as to whether or not there is a conflict, the Staff Liaison should be notified of the concern and can provide direction. When a conflict occurs, the CAC member should mention the conflict when the item comes upon the agenda, and remove him or herself from any CAC vote regarding a recommendation on the item. That allows the CAC to remain as objective as possible in the advice it provides without limiting the activities of CAC members serving as public-spirited volunteers. Like any member of the public, however, the CAC member is welcome to participate in public comment and discussion of the item and may be able to provide information on the item. Please review Appendix J -You As a Public Official -Conflicts of Interest (p. 4). POSTING OF MEETING NOTICES AND AGENDAS Notices of meetings are required to be posted at least 24 hours in advance of the meeting, excluding weekends and holidays. In a true emergency situation, less than 24 hours is acceptable. A bulletin board on the southern exterior wall of the Marana Municipal Complex is used to post meeting notices. Notices may also be posted on the Town's official web site. CREATING AND FORMATTING THE AGENDA There are many ways to create an agenda. Ultimately, the Chair, with the assistance of the Staff Liaison, decides which items are placed on the agenda. However, input from others is always helpful. Note that the Arizona Open Meeting Law prohibits CAC action on any item not listed on the agenda. A general guide to formatting the agenda is located in the Bylaws, Appendix F, section VIII E and in the Town Code, Title 2, Chapter 2-4-4. CAC agendas must be consistent to promote a timely and productive meeting. The CAC agenda must have enough information about each agenda {00009858.DOC /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -6- item so a member of the public -who may never have attended a CAC meeting before -will have a good idea of what will be discussed and what action the CAC is being requested to take. A general guide to formatting the agenda is located in the Bylaws, section VIII. E. The Staff Liaison will assist in providing a template for this purpose. However, the following information provides additional detail: The date, time, and location of the CAC meeting, including the street address. Americans With Disabilities Act Notice The following Americans with Disabilities Act (ADA) paragraph MUST appear on every CAC agenda: "The Town of Marana is committed to ensuring that persons with disabilities are provided the resources to participate fully in its public meetings. If you require disability-related modifications or accommodations, including auxiliary aid or services, please contact the Town Clerk's office." Call to order and introduction of CAC Members. While you may have a core group of the public who attend every meeting, it is still a good idea to for each CAC member to introduce him or herself or have name plates in a prominent location. Set time limits and list these on the agenda. It is helpful for the Chair to set time limits for agenda items. This helps ensure that all presenters are heard. Depending on the length of the agenda, suggested times might be ten minutes for a presentation, five minutes for a town staff response, and 15 minutes for a CAC member, public questions and discussion. These time limits should be listed on the agenda to help with the flow of the meeting. Approval of Agenda Any changes to the agenda should be made 24 hours prior to the posting of the agenda. If circumstances require changes at the meeting, the changes must be noted and the agenda approved by motion prior to any discussion. Approval of Minutes CAC members should review the draft minutes prior to attending the meeting. The clerical support staff is responsible for transcribing summary minutes. These minutes do not need to be verbatim. Copies of approved minutes will be posted on the official website under Board, Commissions and Committees and are also available upon request at the Town Clerk's office at 11555 W. Civic Center Drive, Marana, Arizona 85653 or by a-mail jbronson(a)_marana.com. Public Comment on Agenda items The CAC exists to receive input from and provide information to the public. The public should have the first opportunity to speak on any matter presented to the CAC, BEFORE CAC members express their views. This helps ensure a CACs objectivity in considering smatter -both real and perceived - so CAC members can consider public comment before they ask their own questions, present their own views, and take a position on the issue. Public comments are essential in making responsible recommendations on issues. CAC members represent and are the voice of the community. Information /Non-Action Items Any topic listed should include as much information as possible regarding the matter, program, or issue including where the item is in the planning process (if applicable) and the presenter's name. Items listed under this section do not require any action from the CAC. The item is for information only so that the public and CAC are aware of the issue. Information items allow the CAC to review a matter and make verbal suggestions to the appropriate party (i.e.: developer, town staff) BEFORE that matter is brought back as an action item for the CACs possible recommendation. Action Items Action items allow the CAC to make a recommendation on an issue after they have reviewed the facts and gathered input from the community. Action items listed on the agenda must have a {00009858.DOC /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -7- detailed description: subject and a brief description, the name of the applicant (if any), and the name of the presenter. Additionally, it should be noted what action the CAC is being requested to take. For example: "The CAC may make a recommendation on the subject location and density" or "The CAC may make a recommendation on the design, lighting and signage of the building." Subcommittee Reports (optional) Some CACs have found it useful to establish standing subcommittees on areas of local interest. Examples might include traffic, transportation, public safety, parks & recreation, education and schools, and land use. Such subcommittees usually have a CAC member as chair and may add other members of the community who wish to participate. The subcommittee chair usually provides a brief report at each meeting. A CAC also may decide to establish a separate ad hoc subcommittee/task force to address short- term issues of local interest, such as the possible formation of a local recreation district or construction of a local facility like a park or a community pool. At least one CAC member must sit on the subcommittee with other members of the community who may wish to participate. Such committees also provide regular reports to the CAC. A standing or ad hoc subcommittee can meet as needed but must not violate Open Meeting Law requirements. Community Reports (optional) Local organizations may be invited to update the CAC on community events. If they regularly appear at CAC meetings, listing them on the agenda allows them a specific time to speak. The local Chamber of Commerce is an example. Not all CACs partake in having a specified section for these reports due to the length of their meetings. These organizations are always welcome to speak during public comment. Public Comment Section The CAC may listen, but no action can be taken on items brought up during the Public Comment section of the agenda. This is a time for the public to discuss any item NOT listed on the agenda. The Staff Liaison assigned to the CAC can assist any member of the public with issues not listed on the agenda. Future Agenda Items Notwithstanding the discretion of the CAC Chair as to what items to place on the agenda, if three or more CAC members request an item to be placed on the agenda, it must be placed upon the agenda for the next regular CAC meeting after the date of the request. Indicate the date of the next meeting for the record. Adjournment REQUESTS FROM TOWN DEPARTMENTS, APPLICANTS, CITIZENS AND OUTSIDE AGENCIES Town staff may request time on the agenda to discuss a variety of items. Applicants, citizens, and other agencies may request time as well. CAC members are encouraged to research and check with the Staff Liaison to determine the necessity, appropriateness, and timeline of the items placed on the agenda. ITEMS NOT APPROPRIATE FOR CAC AGENDAS The following items should not be discussed or placed on the CAC agenda for discussion: • Campaign related information • Federal or state legislation • Superior court, municipal court or traffic court issues • Disputes or claims against the Town {00009858.DOC /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -8- • Family law issue • Staff issues • Budget recommendations If CAC members are unsure about the appropriateness, please contact the Staff Liaison or the Town Clerk's office for clarification. CONDUCTING A MEETING Because each CAC represents its own unique community, it will establish its own meeting procedures. Some CACs tend to be more formal in procedure, some are less formal. When setting up meeting procedures, it's important to keep the CACs goal in mind - to encourage public input on all issues it considers, to gather and convey public input, and provide advice to the Council. It is the responsibility of the Chair to direct the meeting. A CAC meeting should not be any longer than two hours. Having time limits and maintaining productive dialog is imperative. ATTENDANCE -DETERMINATION OF A QUORUM To conduct business, the CAC must have a quorum. A quorum is a simple majority (half the members plus one). The Chair is considered a member for purposes of determining whether there is a quorum. If a CAC is unable to reach a quorum at a regular or special meeting, the CAC may decide either to adjourn the meeting OR to hold an informal gathering to discuss any scheduled agenda items and committee reports. In either case, the event would not be considered a CAC meeting and the secretary would not take regular minutes. Instead, the secretary should take informal notes for the CAC records, sending a copy to the Town Clerk's office, indicating that the CAC did not form a quorum. The CAC may not take any action. MINUTES Minutes taken at CAC meetings should contain the following information: • The date and time the meeting convened and the meeting place • The calling to order by the Chair • The roll call, including a recording of the names of the CAC members present and absent • A listing of others in attendance at the meeting; • Unfinished and new business items and a very brief summary of the discussion and any motions made and voted upon by the members • The vote taken on a motion; if a roll call vote is taken, the ayes and nays shall be attributed to each member voting. If a member does not vote, the record should note that the member abstained. • Any future meeting dates, times and location, if determined • The time of adjournment • The name of the individual taking the minutes Minutes are usually approved by the CAC at the next meeting. HANDLING NEW TOPICS NOT ON THE AGENDA {00009858.DOC /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -9- Sometimes new topics are raised at a CAC meeting that aren't on the agenda. The Arizona Open Meeting Law requires that the CAC have an item listed on its agenda before it can take any action on it or even discuss the matter. This is a matter of fairness so people interested in the subject, but who are not at the meeting, have notice that the CAC will consider it. If the new topic has enough public interest or concern, the CAC chair may add it to the agenda for the next meeting. If the item is especially timely, the CAC may decide to schedule a special meeting to consider the item and make a recommendation. MAKING A MOTION AND VOTING The Council has asked the CACs to carefully consider and provide recommendations on matters. It is important the CACs have complete information on any matter before them. The CAC needs to know the status of an issue in the Town's planning process so recommendations aren't made too early or too late in the process. Issues often change and the CAC should make its recommendation when the matter is about to go before a planning decision-making body. ACTION ITEMS The Chair invites the presenter to speak first; asks the public for any questions or comments; asks the CAC members for any questions or comments; closes public comments and brings the discussion back to the CAC for any further discussion, questions or comments. The Chair indicates he/she will entertain a motion. Any member can make a motion. It is highly recommended that a CAC member take a minute and write out the motion on a piece of paper and read it out loud. This written clarity allows the secretary and the audience to understand exactly the intent of the recommendation. Any member can second the motion. If a motion is not seconded, then the motion dies. The Chair can repeat the process of obtaining a motion. The CAC can make a motion: To send a recommendation letter that: • Either approves or denies the matter; • Approves an issue with specific conditions; • Denies the issue due to specific outlined reasons; • States the CAC does not take a position. To request: • That the presenter return at a later date to update the CAC on the status of the issue; • That the Staff Liaison research and update the CAC at a later date; • That the issue be placed on a CAC agenda as an action item at a later date. MAKING NO RECOMMENDATION ON AN ITEM In some cases, after hearing all available information on a project, a CAC may decide to make no recommendation on an issue. If the CAC doesn't make a recommendation, however, it may comment that specific elements should be considered, such as traffic or impacts on local water quality. The CAC would write a letter to the decision-making body with its comments, also indicating it has no recommendation on the entire matter. RECOMMENDATION LETTERS Every time a CAC votes on a recommendation regarding an issue, the Staff Liaison drafts a brief letter to the Council summarizing the CACs recommendation, including the motion. It's important that the CAC communicate promptly with the Council so their recommendations can be considered before the Council takes any action. Because the CAC exists to advise the Council, the CAC should work to accomplish community requests. For example, if the community would like the Engineering Department to install a signal or stoplight at an intersection on a state highway, the CAC would write to the Council with the request. They may send copies of the letter to other town departments (i.e: Public Works,) or non- {00009858.DOC /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -10- Town agencies, (i.e: Pima County Water Resources). The CAC should always copy the Town Clerk's office on all correspondence, regardless of the letter's addressee. The secretary would transcribe the letter and send it. TYPES OF CAC MEETINGS Regular Meetings Most CACs meet on a monthly basis. Special Meetings Sometimes the CAC must meet at a different time or location other than its regularly scheduled meeting time or place. This may be because the CAC may expect a large audience to hear a particular agenda item or because they must discuss an item in time to meet a deadline for the Council, or for another reason. The Chair should distribute the special meeting agenda a week before that meeting. At a minimum the special agenda must be posted in the usual public places at least 24 hours before the meeting to meet the requirements of the Arizona Open Meeting Law. Special CAC meetings are fairly rare. If the Chair talks regularly with the Staff Liaison for the CAC, it's most likely there will be time to post a special meeting agenda to meet all Arizona Open Meeting Law deadlines. Canceled Meetings Occasionally, the CAC Chair may decide to cancel a regularly scheduled meeting. The Chair usually does this after talking with the Staff Liaison and determining the CAC has no timely matters to consider or will not have a quorum. THE MEDIA AND MEETING PROMOTION Media promotion and coverage of CAC meetings varies widely. Some newspapers include CAC meetings in their community calendar listings and others don't. Because the CAC is advisory to the Council and created by the Council, it is appropriate that information about the CAC appear on the Town's web site. That is where members of the public will most likely seek CAC information. There is current information on the CACs on the Town's web site at www.marana.com/boards commissions and committees. Each CAC is listed with the following information: ^ General CAC background ^ The CAC member list ^ Information on how to apply to be a member on the CAC -end- {00009858.DOC /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -11- MARANA ORDINANCE N0.2008.XX RELATING TO BOARDS, COMMITTEES AND COMMISSIONS; ACCEPTING THE RECOMMENDATIONS OF THE SPECIAL COUNCIL TASKFORCE ON ADVISORY COMMISSIONS; AMENDING SECTIONS 2-6-2 AND 2-6-3 OF THE TOWN CODE; ---- ---- ---- 1 AMENDING THE COMMISSION HANDBOOK AND BYLAWS; AND DECLARING AND. ~oe~eted: AND ~ EMERGENCY. WHEREAS a review of the function, policies and accountability of advisory commis- sions which have been established by the Mayor and Council is in the best interest of the Town of Marana; and WHEREAS a special Council Taskforce on Advisory Commissions was created to re- view staff recommendations and has suggested changes to Title 2 of the Marana Town Code and also to the Commission handbook and bylaws. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION I. Sections 2-6-2 and 2-6-3 of the Marana Town Code are hereby revised as follows (with deletions shown with ,and additions shown with double underlinin>?): neieted: m;k~~rs {00009844.DOC /} - I - 8/I/2006 3:17 PM FJC Section 2-6-2 Application, recommendation, appointment and removal A. Vacancies on new and existing citizen boards, committees and commissions shall be announced on the town's internet web site with an open invitation so- liciting applications from interested citizens. Additional notices may be pub- lished and posted as directed by the town manager. B. After the announcement is first published xhe town clerk shall receive citizen ___ pe~eted: r ___ - applications for a minimum of ten working days unless an insufficient number Deleted: aftertne announcement of applications have been received in which case the town clerk shall continue first appears on the town's internet to receive applications unto enough have been received to fill the vacancy or web site vacancies. C. No more than en days after thedose of the application periodLas provided in _ . - peietea: twenty paragraph B above, the town clerk shall forward all applications to the town peietea: announcement erst ap- ( manager. pears on the town's internet web site D. The town manager and/or one or more individuals appointed by the town manager shall review the applications, investigate the qualifications of the ap- plicants, and make a recommendation to the town council concerning the ap- pointment. E. The town council shall receive the applications and the recommendation at a regularly scheduled public meeting not more than thirty days after the town manager's receipt of the applications. The town clerk shall mail each citizen applicant notice of the public meeting concerning the appointment. F. At the public meeting concerning the appointment, the town council may do one or more of the following: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. Take applications from the audience. 5. Receive nominations from members of the town council. 6. Take any other action it deems appropriate. G. Citizen members of boards, committees and commissions shall serve without compensation, except for reimbursement of town-approved necessary and reasonable expenses incurred in accomplishing the purposes of the board, committee or commission. H. A member of any board, committee or commission may be removed from of- fice with or without cause by a. majority vote of the entire membership of the town council. Section 2-6-3 Terms of office All terms of office for boards, commissions and committees shall be for wo _ . - ~ ~eietea: your years with a maximum of three consecutive terms allowed not to exceed a maximum of six consecutive years, except that the initial terms of office of any new board, commission or committee shall be staggered so that the terms of no more than a simple majority of members ends every two years. {00009844.DOC /} - 2 - 6/20/2008 CIH SECTION 2. The amended Citizen Advisory Commission handbook and bylaws, at- tached as Exhibits A and B respectively and incorporated herein by this reference are hereby adopted. SECTION 3. I1' IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- ately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of July, 2008. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00002458.DOC / 2} - 3 - 8/1/2006 3:17 PM FJC F BYLAWS OF TOWN OF MARANA INSERT NAME ADVISORY COMMISSION I. POLICY The Town of Marana Insert Name Advisory Commission was formed by the approval and adoption of Ordinance No. 2006.25 by the Marana Town Council on September 5, 2006, to provide a consistent and inviting community forum for the public to hear about and give comments on Insert Mission. II. COMMISSION DESCRIPTION • Insert appropriate commission description III. MEMBERSHIP A. There shall be at least five and no more than seven regular members of the insert name Advisory Commission, appointed by the Town Council to represent list what the commission wilt represent. B. ,~4 majority of commission members will reside or have their primary business within the. Deleted: at least four commissioners ~ Town of Marana; however qualified-commissioners from outside of the Town will be considered for membership. C. The members of the INSERT NAME shall be appointed by the Mayor and Council of the Town of Marana in the manner they deem fit, each to serve a wo-year term with a ~e~eted: four ~ maximum of three consecutive terms allowed not to exceed a maximum of six consecutive years. D. The initial terms of office for a new commission shall be staggered so that the terms of no more than a simple majority of members ends every two years. The first four names of the initial Council appointments will be drawn for a term of four years; the three remaining names will be for a term of two years. E. In the event that a vacancy occurs because of death, resignation, or otherwise, the vacancy shall be filled through the defined selection process and appointed by the Mayor and Council to serve the unexpired term of the commissioner replaced. F. If a commissioner is not in attendance for three or more consecutive regularly scheduled meetings or from more than one-half the meetings in a calendar year, a recommendation shall be made to the Town Council that the non-participating commissioner be removed. G. One Council member shall be appointed to serve as Council liaison to the commission. ~ - ;Formatted: Bullets and Numbering The Council member shall attend meetings as an ex-officio. non-voting member. r .............................._......._................----.........._.._....._........................ H. Commission members may serve on only one commission per term. ~ ;Formatted: Buuets and Numbering IV. OFFICERS A. The Chair and Secretary will be selected every year at the regularly scheduled meeting in the month of insert month by the commissioners present and will assume office at the next commission meeting. Formatted: Font: 8 pt doooo9s6i.n..oci~, F B. Any officer or agent elected or appointed by the commission may be removed by the commission whenever, in the judgment of majority of the commissioners, the best interests of the commission would be serve thereby. Any such removal shall be without prejudice to the contract rights, if any, of the person so removed. C. Any vacancies of officers will be filled by a majority vote of the commissioners at the next meeting of the commission following the occurrence of the vacancy. The person selected to fill the vacancy will serve the remainder of the vacancy term. V. RESPONSISBILITIES OF THE CHAIR A. The Chair shall preside at all meetings of the commission. In the event of the absence of the Chair, the Secretary shall preside. In the absence of both the Chair and Secretary, the attending commissioners shall appoint an acting Chair. B. The Chair shall appoint and remove all members to sub-committees of the commission. C. The Chair shall preserve order and decide all points of order. D. The Chair shall assist the clerical support staff in drafting and sign any recommendation letters and actions taken by the commission. In the absence of the Chair, any other CAC member may sign on behalf of the commission. E. The Chair shall coordinate and approve the final format of the agenda no later than one week prior to the meeting. F The Chair shall develop a monthly Council Communication form for use by the Commission. G The Chair shall schedule an annual report to be presented to the Council VI. RESPONSISBILITIES OF THE SECRETARY A. The Secretary shall assist the Chair in preparing a draft agenda. B. The Secretary shall attend scheduled commission meetings to take summary minutes. C. The Secretary shall sign and send copy of approved minutes to the Town Clerk's office. D. The Secretary shall oversee maintenance of the commission mailing list. E. The Secretary shall oversee maintenance records of commission agendas, approved minutes and correspondence. F. The Secretary shall refer all public requests for copies of approved minutes or Commission correspondence to the Town Clerk's office. VII. RESPONSIBILITIES OF MEMBERS A. It is the responsibility of the commissioners to attend regular and special meetings. r ---~------ ----- :Formatted: Bullets and Numbering _.._.__._._._._._._ .................___._...._._..._....._..._.._...._..__.._....._....-1 ' .Formatted: Bullets and Numbering J B. No commissioner shall leave any regular or special commission meeting during such meeting without permission of the Chair. C. The commission shall strictly follow A.R.S. 38-431.03, also known as the Arizona Open Meeting Law. The Chair and members shall familiarize themselves with the requirements of such law, including notice of meetings, taking of minutes, issues to be discussed and the other specifics of the law. ,....._ ..................._............._...._......._............._...._................__._..................~ Formatted: Font: 8 pt F D. Commissioners shall abide by the guidelines set forth in the Town of Marana Advisory Commission Handbook. E. The Commission is authorized to call executive sessions, closed to the general public during any regular of special meeting, so long as such executive session is authorized by A.R.S. 38-431.03. F The Commission shall develop an annual work plan which shall be presented to Council . ?Formatted: Bullets and Numbering ) G All commissioners shall attend the~Town of Marana CREW program prior to the ~ Formatted: Font: (Default) Arial, io completion of their first term. `Pt VIII. SUB-COMMITTEES ~ Formatted: Bullets and Numbering A. All sub-committees shall consist of at least three members. B. All sub-committees shall select asub-committee Chair from among the members of such sub-committee, at the first meeting of the sub-committee. C. The sub-committee Chair shall preserve order and decide all points of order for meetings of the sub-committee. D. The Chair shall set the date, time and place of the first sub-committee meeting, and the sub-committee Chair shall set all subsequent meetings. E. The sub-committee Chair shall bring all actions and recommendations to the Commission. No sub-committee shall be authorized to directly present information to the Town Council, or take other action, without such action being approved by the Commission. IX. RESPONSIBILITIES OFTHE STAFF LIAISON The Staff Liaison is an ex-officio, non-voting member of the commission provides support for the following: A. Assists in the creation of the agenda and reviews the draft agenda for accuracy. B. Attends CAC meetings and prepares updates and arranges for town staff to attend when necessary. C. Prepares responses to inquiries made during public comment. D. Prepares responses of requests from CAC members. E. Arranges for meetings that may have a large turnout (new location, chairs, tables, audio equipment, and refreshments. F. Brings CAC materials such as member name-cards, maps, and other regularly used materials to each meeting. G. Takes minutes if the CAC secretary or clerical support staff is not available. X. MEETINGS OF MEMBERSHIP A. The Insert Name Advisory Commission shall hold regular meetings on the (list date) of each month for transaction of business as may come before the meeting. The meetings Formatted: Font: 8 pt F of the members will be held at the Marana Municipal Complex, Marana, Arizona, or other locations as designated by the Chair. Whenever a legal holiday occurs on the same day as a meeting, such meeting shall either be cancelled or rescheduled. B. The Chair may convene the commission at any time by notifying the members of the date, hour and purpose of such special meeting. The commissioners shall be given at least 24 hours' notice of such special meeting by personal notice and the posting of the notice agenda on the Town's official posting sites. C. It shall be the responsibility of the Chair to develop a written agenda for all commission meetings which meets the requirements of the Arizona Open Meeting Law. The Staff Liaison may assist in this process. Commissioners may contact the Chair to have items placed on the agenda, and shall attempt to do so at least seven working days prior to the meeting date. All agendas shall be provided to the clerical support staff, who shall assure all agendas are properly posted as required by the Arizona Open Meeting Law. D. All sub-committees will be placed on the agenda for a report on the status of work in progress for that sub-committee. E. Business matters of the regular meeting shall be considered as far as practicable in the following order: 1. Call to Order 2. Introduction of Commissioners 3. Approval of Agenda 4. Approval of Minutes 5. Action Items 6. Sub-Committee Reports 7. Community Reports (Optional) 8. Call to the Public 9. Future Agenda Items 10. Adjournment XI PROCEDURE A. At all meetings of the commission, the Chair shall call the commission to order and the Secretary shall record the members present and absent. The Chair may call each matter of business in the order listed on the Agenda. B. The Chair shall conduct meetings using parliamentary procedure as recommended by the Arizona League of Cities and Towns, unless such rules are suspended by a majority vote of the commission. C. When a member desires to speak or make a motion, that person shall address himself or herself to "Mr. or Madam Chair'. Upon being recognized that person may address the Chair. D. When more than one member addresses the Chair and wishes to speak, the Chair will recognize the person who first addressed the Chair. E. No member shall interrupt another, except to call to order or to correct a mistake. F. At any meeting of the members, 50% plus one of the members, excluding vacant positions, shall constitute a quorum. If, after 30 minutes, a quorum is not present, the commission may choose to meet informally for discussion purposes, all action will be postponed and agenda items placed on the next special or regular commission meeting Formatted: Font: 8 pt F G. A majority of affirmative votes of the quorum present shall be necessary to pass any action of the commission. H. Commissioners shall not vote where there is a conflict of interest and shall disqualify him or herself in such an event, as provided by A.R.S. 38-501 et. seq. When a conflict occurs, the member shall not debate or discuss the matter. I. The Chair may vote or decline to vote on all matters and his or her failure to vote shall not be counted as an affirmative vote. The Chair shall break all ties. J. Motions may be determined by voice vote or at the request of a commissioner by roll call vote. The Chair shall declare all votes. If any member doubts the voice vote, a roll call shall be ordered. When a roll call vote is commenced, no member shall engage in discussion of the question being voted upon. XII. PARTICIPATION BY THE PUBLIC A. Members of the public wishing to speak at commission meetings will be allowed to speak during public portions of the meeting, as well as during Call to the Public. The Chair may limit the length of public comment to three minutes at any time. B. No person in the audience shall be permitted to speak unless recognized by the Chair. The chair may permit persons to speak on any agenda item. C. Orderly procedure requires that each person shall proceed without interruption from the audience and shall retire when his or her time is up. All discussion shall be addressed to the commission and there should be no argument or discussion between individuals not on the commission. D. The members of the commission may ask questions and make appropriate comments. E. Citizens attending meetings shall observe rules or propriety, decorum and good conduct. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous whole addressing the commission while addressing the commission, may be removed if directed by the Chair. Unauthorized remarks from the audience, whether verbal or otherwise, shall not be permitted, and the Chair may expel offenders from the meeting. _ ............._............_._._...._...._._...._...__......._. J Formatted: Bullets and Numbering XIII. AMENDMENTS ' Formatted: Bullets and Numbering ~ These bylaws may be altered, amended, or repealed and new bylaws adopted by a vote of the committee members representing a majority of all the members at any meeting or special meeting when the proposed amendment has been set out in the notice of such meeting. Any such amendment shall not,~ffect any other portion of these bylaws. deleted: effect ~ XIV. SEVERABILITY !Formatted: Bullets and Numbering ~ In the event any portion of these bylaws is found by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from these bylaws, and the remaining parts hereof shall. remain in full force and effect as fully as though such invalid, illegal or unenforceable portion had never been part of there bylaws. Executed at Marana, Arizona, this day of , 2007. Formatted: Font: 8 pt .{00009861.DOC /~ - - - F ATTEST: Secretary Chair Formatted: Font: 8 pt ,{00009861 DOC /~ TOWN OF MARANA MISSION STATEMENT Our purpose is to provide our citizens with high-quality and valuable municipal services that will enhance and benefit their lives. We will strive to do this by being responsive and responsible in working with public and private entities. Our goal is to ensure that Marana remains a safe, stable and attractive community. Town Officials Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comertord, Council Member Jon Post, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Administrative Staff Pncitinn Nama TPIPnh~nP Town Manager Mike Reuwsaat 382-1911 Deputy Town Manager Gilbert Davidson 382-1912 Assistant Town manager Deb Thalasitis 382-1906 Town Attorney Frank Cassidy 382-1940 Town Clerk Jocelyn Bronson 382-1960 Chief of Police ,Terry Tometich 382-2000 Planning Director Barbara Johnson 382-2611 Finance Director Erik Montague 382-1930 Human Resources Director vacant 382-1920 Community Development Director T. Van Hook 382-1909 Technology Services Director vacant Parks and Recreation Director Tom Ellis 382-1950 Town Engineer/ Asst. Director of Public Works Keith Brann 382-2629 Asst. Director or Public Works/CIP Ryan Benavides 382-2673 Municipal Court Administrator Joe Teta 382-2712 Municipal Court Judge vacant 382-2710 Building Safety Official John Huntley 382-2615 Utilities Director Brad DeSpain 382-2500 Airport Director Charles Mangum 682-9565 Operations & Maintenance Director Mike Mencinger 382-2500 INTRODUCTION ___ _.__~ rDeleted: Richard Vidaurri Thank you for volunteering your time and energy representing your community as a member of a Citizen Advisory Commission (CAC). The procedures adopted for the CACs apply to all standing commissions, boards and committees and any subcommittee or ad hoc or task force committee deemed necessary. The Town Council (Council) strongly encourages and appreciates the input given by the CACs. The CAC Handbook was created to help you understand the purpose of the CAC, your role as a CAC member, and how to go about getting the information you need to make responsive recommendations. Your participation is important and we hope you enjoy being a key participant helping to enhance Marana's future. ,._.........._......._...._...._ ................_.........._..........__.._........._......_...............1 Formatted: Font: 8 pt 1 ~{.0.0009858.DOC /j PURPOSE OF THE CAC CACs were created to provide a consistent and inviting community forum for the public to hear about and give comments on a number of local and town-wide topics. Town officials, staff, and other non-Town staff continually use CAC meetings as an opportunity to provide the public with information or updates. The Council appoints citizens who have a heartfelt interest in their community to sit on the CACs. RESPONSIBILITY OF THE CAC The responsibility of the CAC is to encourage and gather public comment on a range of topics which may affect its area. After the CAC has reviewed a topic and gathered public comments, an advisory recommendation may be relayed to Council. The CACs input is a valuable component of the Council's legislative decision-making process. WHAT IS AN ADVISORY CAC? While the concerns, insight, and discussions relayed by the CAC to Council are key components in the deliberative process, CACs do not make or set policies, ordinances or laws and are not in a position to interpret the zoning ordinance, the general plan or local community plan. CACs provide recommendations on avariety of topics. They are tasked with gathering input, making recommendations based on that information and relaying it to the Council. Some of the CACs receive a description of their duties from the Town Code, Land Development Code, or specific ordinances, and some are empowered by a Council directive or resolution. An ex-officio non-voting Council Liaison is assigned to attend the CAC's meetings A Staff Liaison is assigned to CACs to facilitate communications between the CAC and the Council as a whole. In addition, a Staff Liaison is assigned to provide administrative support to the work of the CAC. Citizen participation in finding answers to complex questions that face the Council can be secured, formally and efficiently, through the use of CACs. Such groups are meant to make recommendations after sifting and analyzing data. Both CAC members and Town officials should keep in mind that, for the most part, CACs are advisory in nature, and the Council must make the ultimate decision. ESTABLISHING ORDINANCE The establishing ordinance adopted by the Council for the CACs provides for the consistent procedure for appointment of members to the various Town boards, commissions and committees. The establishing ordinance of the Council (Ordinance No. 2006.25 amended by _ _ Ordinance 2008.XX) js located in the Appendix. _ ~ Deleted: of the Council BYLAWS Each CAC will be governed by a standard set of bylaws, see Appendix F, which can be adapted to the specific purpose of the CAC. Generally, the provisions contained in the bylaws are set forth below in more detail. RESPONSIBILITIES OF THE CHAIR Being the Chair of a CAC is an important role. The Chair is responsible for conducting the meeting, and tasked with creating an accurate and timely agenda. By coordinating with the Staff Liaison, CAC meetings will be inviting and successful. The following is a list of monthly duties: • Identify timely items requiring CAC action. The Staff Liaison can assist in this decision. • Each month, review and decide which items need to be on the CAC agenda. j00009858.DQC_/} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -2- • Coordinate and approve the final format of the agenda so the clerical support staff can mail it out no later than one week prior to the meeting. • Arrange for another CAC member to chair the meeting if the Chair unable to attend. • After a meeting, assist the clerical support staff in drafting any recommendation letters. • Sign all CAC-approved recommendation letters. In the absence of the Chair, any other CAC member may sign. __ _~ Develop and a monthly Council communication form for use by the CAC ~ !Formatted: Bullets and Numbering I • Schedule and Dresent an annual report and annual work plan to Council. • On the first CAC agenda of the year, include "Selection of the Chairman". The chairmanship should be rotated among the CAC members to give others an opportunity to share the responsibilities. Each CAC Chair should coordinate mutually convenient processes to handle CAC business and agenda creation. Some work effectively using the phone, some use a-mail or faxes, and some arrange to meet occasionally in person. RESPONSIBILITIES OF THE CAC SECRETARY Duties of the CAC secretary include: • Attend scheduled CAC meetings to take summary minutes. • Sign and send copy of approved minutes to the Town Clerk's office. • Assist in preparing a draft agenda. • Maintain the CAC mailing list. • Maintain records of CAC agendas, approved minutes and correspondence. The Town Clerk retains the official CAC minutes. Refer all public requests for copies of approved minutes or CAC correspondence to the Clerk's office. RESPONSIBILITIES OF THE STAFF LIAISON The Staff Liaison assists and provides support for the following: • Assists in the creation of the agenda and reviews the draft agenda for accuracy. • Attends CAC meetings; prepares updates and arranges for town staff to attend when necessary. • Prepares responses to inquiries made during public comment. • Prepares responses of requests from CAC members. • Arranges for meetings that may have a large turnout (new location, chairs, tables, audio equipment, refreshments etc.) • Bring CAC materials such as member name-cards, maps, and other regularly used CAC materials, to each meeting. • Takes minutes if CAC secretary or clerical support staff is not available. The Staff Liaison is a ex-officio non-voting member of the CAC and is the direct link to the Council and other town/department resources and is here to help the CAC. A list of Town staff is found at the beginning of this handbook. {0..0009858,DQ~ /} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -3- RESPONSIBILITIES OF CLERICAL SUPPORT STAFF Town clerical support staff will be assigned to take minutes and provide assistance as necessary for every CAC meeting. That assistance may include, but is not limited to: • Prior to an upcoming meeting email the draft agenda to the Staff Liaison to review. This is a necessary step to ensure that the agenda is accurate. • At the direction of the CAC Chair and concurrence by the Staff Liaison, prepare the final agenda and mail no later than five business days prior to the meeting. • Send copies of the agenda, draft minutes and other related information to the CAC members. • Send copies of the agenda to everyone who is on the CAC mailing list. • Request the Town Clerk to post the CAC agenda in designated public places as soon as possible after the agenda is finalized, but not less than 24 hours prior to the meeting. • Make additional copies of the agendas and have them available for the public at CAC meetings. • In the case of cancelled meetings, send everyone on the CAC mailing list a cancellation notice either by a-mail for first class mail and post the notice in the usual public places. • Take and prepare draft minutes for approval at the next scheduled meeting. • If unable to attend a meeting or complete routine CAC tasks, contact the Staff Liaison as soon as possible. • Arrange to obtain office supplies, as needed. TERM LIMITS FAC members may only serve on one commission per term and serve wo-year terms with a maximum of three consecutive terms allowed not to exceed a total of six consecutive vears_CAC members serve at the pleasure of the Council and can be removed from office by a majority vote of the Council at any time. All commissioners shall attend the Town of Marana CREW program by the comeletion of their first term. APPLICATIONS, VACANCIES, APPOINTMENTS, RE-APPOINTMENTS, ATTENDANCE AND RESIGNATIONS ADDlications Any member of the community who lives, works or owns property in Marana and who wishes to serve on a CAC must fill out an application and submit it to the Town Clerk's office. All applications of persons not appointed to the CAC are kept on file for one year. Applications of persons appointed to sit on a CAC are kept until they are no longer a member. Vacancies and Appointments The Town Clerk's office maintains a database regarding each CAC member and their term expiration date. If a member chooses not to be re-appointed or resigns prior to term expiration the seat must be posted as vacant prior to appointing a new member. The process of filling a vacancy is: {QQ0.0..9...8...5..8....D. OC_/} THE CITIZEN ADVISORY CACS HANDBOOK 2006 Deleted: CAC members do not have tens limits. Deleted: four ' Deleted: and may remain as a member as long as helshe is re- appointed each time the term expires. Formatted: Font: (Default) Arial, 10 pt, Font color: Black -4- 1. A letter of resignation is considered effective upon submission to the Town Clerk. 2. The Town Clerk advises the Council of the vacancy during a Council Meeting and a notice of vacancy for the CAC is posted at the official posting locations. 3. The notice of vacancy is posted a minimum of 10 business days. 4. After the posting period, all applications received or on file are considered by the Manager's Selection Committee (MSC). The MSC will forward all applications and its recommendation to Council. The Council may wish to interview the candidate(s) in executive session, and if so, the Town Clerk will advise the candidates of the date and time of the meeting. 5. The Council approves the appointment of the new CAC member. 6. The Town Clerk will schedule an orientation and administer the Loyalty Oath to each appointee at least 24 hours prior to his/her first CAC meeting. 7. The Staff Liaison will facilitate getting the newly appointed CAC member a security identification badge from the IT department. Re-aaaointments When a CAC member's term is about to expire, the Staff Liaison and CAC members are notified by the Town Clerk. Upon receiving a letter of intention to remain on the CAC, the Council may choose to re-appoint the incumbent member. If the member wishes to be re-appointed, the re- appointment is placed on an upcoming Council agenda for approval under consent items. Should the Council choose to appoint a new member, steps 2 - 5 under Vacancies and Appointments would occur. ATTENDANCE Unless otherwise specified in the adopted CAC bylaws, an appointed member of any CAC who is absent without prior excuse from three or more consecutive scheduled meetings or from more than one-half the meetings in any one calendar year, will be considered to have resigned. The _._ _. Town Clerk will notify the CAC in writing of the resignation. ~eieted ed Resignation Letters If a CAC member chooses to resign his/her position on the CAC, a written letter of resignation should be sent to the attention of the Town Clerk, at 11555 W. Civic Center Drive, Marana, Arizona 85653. PROPER PROCEDURES All meetings, votes and records (including minutes) of CACs are open for public review unless state law or Town ordinance or resolution allows the closing of the meeting and the record for a specified and allowed purpose. Rarely will a CAC be involved with a matter that may be considered for a closed session. MEETING FACILITIES Meeting facilities for CACs are available at the Marana Municipal Complex, the Marana Operations Center and the Parks & Recreation Department. It is the responsibility of the Staff Liaison to obtain a meeting place for the CAC that they serve. Public Accessibility and Accommodation of Soecial Needs Arizona law requires all meetings be held in a location that allows for public attendance. The federal Americans with Disabilities Act (ADA) requires all services, programs, activities and functions of the Town to be accessible to people with disabilities. Incompliance with these federal jQQOQ9$58:DQC._/} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -5- requirements, all CACs are required to conduct public business in an accessible and barrier-free environment. Individuals with special needs are encouraged to communicate their needs to the Town Clerk in advance of any meeting so that proper accommodations can be made for the individual to participate in the meeting. If an individual with a special disability attends a meeting without advance notice of the need to provide an accommodation, the Chair shall make every effort to postpone and reschedule the item of business for which the individual is attending the meeting until arrangements can be made to reasonably accommodate the person. THE ARIZONA OPEN MEETING LAW All CACs must observe the requirements of A.R.S. § 38-431.01, the Arizona Open Meeting Law, which is stated in its entirety in Appendix J - You As a Public Official -provided by the Arizona League of Cities and Towns. POSSIBLE CONFLICT OF INTEREST FOR CAC MEMBERS Occasionally, a CAC member may have a conflict of interest regarding an item before the CAC. CAC members are often active in many areas of their community and there may be instances where their professional activities touch on issues before the CAC. Anyone appointed to a CAC is a "Public Official" per Acizona law and a "CAC Official" under the Handbook for Citizen Advisory Commissions and is obligated to adhere to related standards of conduct and ethics. In particular, the Town needs to be aware of any actual or potential conflict of interest by a CAC appointee. If a CAC member is unsure as to whether or not there is a conflict, the Staff Liaison should be notified of the concern and can provide direction. When a conflict occurs, the CAC member should mention the conflict when the item comes up on the agenda, and remove him or herself from any CAC vote regarding a recommendation on the item. That allows the CAC to remain as objective as possible in the advice it provides without limiting the activities of CAC members serving as public-spirited volunteers. Like any member of the public, however, the CAC member is welcome to participate in public comment and discussion of the item and may be able to provide information on the item. Please review Appendix J - You As a Public Official -Conflicts of Interest (p. 4). POSTING OF MEETING NOTICES AND AGENDAS Notices of meetings are required to be posted at least 24 hours in advance of the meeting, excluding weekends and holidays. In a true emergency situation, less than 24 hours is acceptable. A bulletin board on the southern exterior wall of the Marana Municipal Complex is used to post meeting notices. Notices may also be posted on the Town's official web site. CREATING AND FORMATTING THE AGENDA There are many ways to create an agenda. Ultimately, the Chair, with the assistance of the Staff Liaison, decides which items are placed on the agenda. However, input from others is always helpful. Note that the Arizona Open Meeting Law prohibits CAC action on any item not listed on the agenda. A general guide to formatting the agenda is located in the Bylaws, Appendix F, section VIII E and in the Town Code, Title 2, Chapter 2-4-4. CAC agendas must be consistent to promote a timely and productive meeting. The CAC agenda must have enough information about each agenda (.Q0009...8...5..8..,.DOC_/} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -6- item so a member of the public -who may never have attended a CAC meeting before -will have a good idea of what will be discussed and what action the CAC is being requested to take. A general guide to formatting the agenda is located in the Bylaws, section VIII. E. The Staff Liaison will assist in providing a template for this purpose. However, the following information provides additional detail: The date, time, and location of the CAC meeting, including the street address. Americans With Disabilities Act Notice The following Americans with Disabilities Act (ADA) paragraph MUST appear on every CAC agenda: "The Town of Marana is committed to ensuring that persons with disabilities are provided the resources to participate fully in its public meetings. If you require disability-related modifications or accommodations, including auxiliary aid or services, please contact the Town Clerk's office." Call to order and introduction of CAC Members. While you may have a core group of the public who attend every meeting, it is still a good idea to for each CAC member to introduce him or herself or have name plates in a prominent location. Set time limits and list these on the agenda. It is helpful for the Chair to set time limits for agenda items. This helps ensure that all presenters are heard. Depending on the length of the agenda, suggested times might be ten minutes for a presentation, five minutes for a town staff response, and 15 minutes for a CAC member, public questions and discussion. These time limits should be listed on the agenda to help with the flow of the meeting. Approval of Agenda Any changes to the agenda should be made 24 hours prior to the posting of the agenda. If circumstances require changes at the meeting, the changes must be noted and the agenda approved by motion prior to any discussion. Approval of Minutes CAC members should review the draft minutes prior to attending the meeting. The clerical support staff is responsible for transcribing summary minutes. These minutes do not need to be verbatim. Copies of approved minutes will be posted on the official website under Board, Commissions and Committees and are also available upon request at the Town Clerk's office at 11555 W. Civic Center Drive, Marana, Arizona 85653 or by a-mail jbronsonCa~marana.com. Public Comment on Agenda items The CAC exists to receive input from and provide information to the public. The public should have the first opportunity to speak on any matter presented to the CAC, BEFORE CAC members express their views. This helps ensure a CACs objectivity in considering amatter -both real and perceived - so CAC members can consider public comment before they ask their own questions, present their own views, and take a position on the issue. Public comments are essential in making responsible recommendations on issues. CAC members represent and are the voice of the community. Information /Non-Action Items Any topic listed should include as much information as possible regarding the matter, program, or issue including where the item is in the planning process (if applicable) and the presenter's name. Items listed under this section do not require any action from the CAC. The item is for information only so that the public and CAC are aware of the issue. Information items allow the CAC to review a matter and make verbal suggestions to the appropriate party (i.e.: developer, town staff) BEFORE that matter is brought back as an action item for the CACs possible recommendation. Action Items Action items allow the CAC to make a recommendation on an issue after they have reviewed the facts and gathered input from the community. Action items listed on the agenda must have a ~.000098...5.8.DQ.C /.} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -7- detailed description: subject and a brief description, the name of the applicant (if any), and the name of the presenter. Additionally, it should be noted what action the CAC is being requested to take. For example: "The CAC may make a recommendation on the subject location and density" or "The CAC may make a recommendation on the design, lighting and signage of the building." Subcommittee Resorts (ootionap Some CACs have found it useful to establish standing subcommittees on areas of local interest. Examples might include traffic, transportation, public safety, parks & recreation, education and schools, and land use. Such subcommittees usually have a CAC member as chair and may add other members of the community who wish to participate. The subcommittee chair usually provides a brief report at each meeting. A CAC also may decide to establish a separate ad hoc subcommittee/task force to address short- term issues of local interest, such as the possible formation of a local recreation district or construction of a local facility like a park or a community pool. At least one CAC member must sit on the subcommittee with other members of the community who may wish to participate. Such committees also provide regular reports to the CAC. A standing or ad hoc subcommittee can meet as needed but must not violate Open Meeting Law requirements. Community Resorts (optional) Local organizations may be invited to update the CAC on community events. If they regularly appear at CAC meetings, listing them on the agenda allows them a specific time to speak. The local Chamber of Commerce is an example. Not all CACs partake in having a specified section for these reports due to the length of their meetings. These organizations are always welcome to speak during public comment. Public Comment Section The CAC may listen, but no action can be taken on items brought up during the Public Comment section of the agenda. This is a time for the public to discuss any item NOT listed on the agenda. The Staff Liaison assigned to the CAC can assist any member of the public with issues not listed on the agenda. Future Agenda Items Notwithstanding the discretion of the CAC Chair as to what items to place on the agenda, if three or more CAC members request an item to be placed on the agenda, it must be placed upon the agenda for the next regular CAC meeting after the date of the request. Indicate the date of the next meeting for the record. Adjournment REQUESTS FROM TOWN DEPARTMENTS, APPLICANTS, CITIZENS AND OUTSIDE AGENCIES Town staff may request time on the agenda to discuss a variety of items. Applicants, citizens, and other agencies may request time as well. CAC members are encouraged to research and check with the Staff Liaison to determine the necessity, appropriateness, and timeline of the items placed on the agenda. ITEMS NOT APPROPRIATE FOR CAC AGENDAS The following items should not be discussed or placed on the CAC agenda for discussion: • Campaign related information • Federal or state legislation • Superior court, municipal court or traffic court issues • Disputes or claims against the Town (OOOQ9$S.$...D...OC_/)_ THE CITIZEN ADVISORY CACS HANDBOOK 2006 -$- • Family law issue • Staff issues • Budget recommendations If CAC members are unsure about the appropriateness, please contact the Staff Liaison or the Town Clerk's office for clarification. CONDUCTING A MEETING Because each CAC represents its own unique community, it will establish its own meeting procedures. Some CACs tend to be more formal in procedure, some are less formal. When setting up meeting procedures, it's important to keep the CACs goal in mind - to encourage public input on all issues it considers, to gather and convey public input, and provide advice to the Council. It is the responsibility of the Chair to direct the meeting. A CAC meeting should not be any longer than two hours. Having time limits and maintaining productive dialog is imperative. ATTENDANCE -DETERMINATION OF A QUORUM To conduct business, the CAC must have a quorum. A quorum is a simple majority (half the members plus one). The Chair is considered a member for purposes of determining whether there is a quorum. If a CAC is unable to reach a quorum at a regular or special meeting, the CAC may decide either to adjourn the meeting OR to hold an informal gathering to discuss any scheduled agenda items and committee reports. In either case, the event would not be considered a CAC meeting and the secretary would not take regular minutes. Instead, the secretary should take informal notes for the CAC records, sending a copy to the Town Clerk's office, indicating that the CAC did not form a quorum. The CAC may not take any action. MINUTES Minutes taken at CAC meetings should contain the following information: • The date and time the meeting convened and the meeting place • The calling to order by the Chair • The roll call, including a recording of the names of the CAC members present and absent • A listing of others in attendance at the meeting; • Unfinished and new business items and a very brief summary of the discussion and any motions made and voted upon by the members • The vote taken on a motion; if a roll call vote is taken, the ayes and nays shall be attributed to each member voting. If a member does not vote, the record should note that the member abstained. • Any future meeting dates, times and location, if determined • The time of adjournment • The name of the individual taking the minutes Minutes are usually approved by the CAC at the next meeting. HANDLING NEW TOPICS NOT ON THE AGENDA jQQQ.Q9.$$8..,D.Q.C.._/} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -9- Sometimes new topics are raised at a CAC meeting that aren't on the agenda. The Arizona Open Meeting Law requires that the CAC have an item listed on its agenda before it can take any action on it or even discuss the matter. This is a matter of fairness so people interested in the subject, but who are not at the meeting, have notice that the CAC will consider it. If the new topic has enough public interest or concern, the CAC chair may add it to the agenda for the next meeting. If the item is especially timely, the CAC may decide to schedule a special meeting to consider the item and make a recommendation. MAKING A MOTION AND VOTING The Council has asked the CACs to carefully consider and provide recommendations on matters. It is important the CACs have complete information on any matter before them. The CAC needs to know the status of an issue in the Town's planning process so recommendations aren't made too early or too late in the process. Issues often change and the CAC should make its recommendation when the matter is about to go before a planning decision-making body. ACTION ITEMS The Chair invites the presenter to speak first; asks the public for any questions or comments; asks the CAC members for any questions or comments; closes public comments and brings the discussion back to the CAC for any further discussion, questions or comments. The Chair indicates he/she will entertain a motion. Any member can make a motion. It is highly recommended that a CAC member take a minute and write out the motion on a piece of paper and read it out loud. This written clarity allows the secretary and the audience to understand exactly the intent of the recommendation. Any member can second the motion. If a motion is not seconded, then the motion dies. The Chair can repeat the process of obtaining a motion. The CAC can make a motion: To send a recommendation letter that: • Either approves or denies the matter; • Approves an issue with specific conditions; • Denies the issue due to specific outlined reasons; • States the CAC does not take a position. To request: • That the presenter return at a later date to update the CAC on the status of the issue; • That the Staff Liaison research and update the CAC at a later date; • That the issue be placed on a CAC agenda as an action item at a later date. MAKING NO RECOMMENDATION ON AN ITEM In some cases, after hearing all available information on a project, a CAC may decide to make no recommendation on an issue. If the CAC doesn't make a recommendation, however, it may comment that specific elements should be considered, such as traffic or impacts on local water quality. The CAC would write a letter to the decision-making body with its comments, also indicating it has no recommendation on the entire matter. RECOMMENDATION LETTERS Every time a CAC votes on a recommendation regarding an issue, the Staff Liaison drafts a brief letter to the Council summarizing the CACs recommendation, including the motion. It's important that the CAC communicate promptly with the Council so their recommendations can be considered before the Council takes any action. Because the CAC exists to advise the Council, the CAC should work to accomplish community requests. For example, if the community would like the Engineering Department to install a signal or stoplight at an intersection on a state highway, the CAC would write to the Council with the request. They may send copies of the letter to other town departments (i.e: Public Works,) or non- j000098..5..8....D...OC_/} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -10- Town agencies, (i.e: Pima County Water Resources). The CAC should always copy the Town Clerk's office on all correspondence, regardless of the letter's addressee. The secretary would transcribe the letter and send it. TYPES OF CAC MEETINGS Regular Meetings Most CACs meet on a monthly basis SDecial Meetings Sometimes the CAC must meet at a different time or location other than its regularly scheduled meeting time or place. This may be because the CAC may expect a large audience to hear a particular agenda item or because they must discuss an item in time to meet a deadline for the Council, or for another reason. The Chair should distribute the special meeting agenda a week before that meeting. At a minimum the special agenda must be posted in the usual public places at least 24 hours before the meeting to meet the requirements of the Arizona Open Meeting Law. Special CAC meetings are fairly rare. If the Chair talks regularly with the Staff Liaison for the CAC, it's most likely there will be time to post a special meeting agenda to meet all Arizona Open Meeting Law deadlines. Canceled Meetings Occasionally, the CAC Chair may decide to cancel a regularly scheduled meeting. The Chair usually does this after talking with the Staff Liaison and determining the CAC has no timely matters to consider or will not have a quorum. THE MEDIA AND MEETING PROMOTION Media promotion and coverage of CAC meetings varies widely. Some newspapers include CAC meetings in their community calendar listings and others don't. Because the CAC is advisory to the Council and created by the Council, it is appropriate that information about the CAC appear on the Town's web site. That is where members of the public will most likely seek CAC information. There is current information on the CACs on the Town's web site at www.marana.com/boards commissions and committees. Each CAC is listed with the following information: • General CAC background ^ The CAC member list ^ Information on how to apply to be a member on the CAC -end- ~OOQ098.5.8..,DQC_/} THE CITIZEN ADVISORY CACS HANDBOOK 2006 -11- SOWN p~ TOWN COUNCIL ~~- MEETING TOWN OF MARANA 9 MA ° ivA ; INFORMATION ~'~ gR¢uNP MEETING DATE: July 1, 2008 AGENDA ITEM: L.1 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager/Stephen Romero, Intergovernmental Affairs Administrator SUBJECT: Legislative Issues: Discussion/Direction/Action regarding all legislation DISCUSSION This item is scheduled for each regular council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report maybe given to supplement the Legislative Bulletins. ATTACHMENTS Legislative Bulletin, Issues 23 and 24. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION Mayor and Council's pleasure. Jcsio6izsizoosn is i i ~ Arizona ~iy Towns IN THIS ISSUE Budget & Session Update ............ 1 Important Elections Fix Passes Overwhelmingly .......................... 1 Biological Evidence Storage ....... 1 Senator Jake Flake Honored as Great Arizona Statesman ............. 2 Final Reminder: Resolutions Due June 16 By 5:00 PM .................... 2 Candidates 2008 .......................... 2 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague.org Internet: www.azleague.org Bulletin -Issue 23 -June 13, 2008 BUDGET & SESSION UPDATE Today marks the 152nd day of the regular session, which gives the Legislature only 17 more days to craft a budget before the start of the 2008-09 fiscal year. Given the enormous fiscal deficit that must be gapped to achieve a balanced budget, all funds and budgets remain vulnerable to potential cuts, including shared revenues. From our vantage point at the League, we hear new budget rumors several times a day. At times we hear that shared revenues are not up for discussion and at other times they are. Therefore, now is the time to contact vour le islg ators and remind them that cities and towns have already been hit hard by the recession and have made budget cuts and, in some cases, layoffs. Additionally, pursuant to state law, city and town budgets for next fiscal year have been set and approved by their elected councils and shared revenues remain a critical source of funding for essential city operations. To reduce shared revenues now would doubly punish cities and towns and make it very difficult to provide the close-to-home services the citizens of Arizona rely on daily. IMPORTANT ELECTIONS FIX PASSES OVERWHELMINGLY A bill that contains an important technical correction for local elections passed with ease through the Senate and House recently. Senate Bill 1053 - NOW: elections; observation; counting center - deals principally with observing ballot counting centers, but it also became an important vehicle for the technical fix that allows certain local elections to be held on the ninth Tuesday before the first Tuesday after the first Monday in November. S.B. 1053 passed out of the Senate 25-1-4 and out of the House 50-0-10, with an emergency clause, meaning the fix would go into effect immediately upon signature of the Governor rather than on the general effective date. The bill will be transmitted to the Governor's office next week. If this technical fix is important to your city or town, please contact the Governor's Office to let them know. BIOLOGICAL EVIDENCE STORAGE Senate Bill 1412, sponsored by Senator John Huppenthal (R-Chandler) requires government entities that investigate crime to store representative samples of biological evidence. The bill allows governments to establish procedures for storage and also allows them to dispose of the bulk evidence after county attorney or Attorney General approval. Reasonable efforts must be made to notify victims of the disposal. The disposal of the bulk evidence can take place after the time has expired for the initiation of a direct appeal and the first post-conviction proceeding. Although the bill passed out of the House on a 58-0-2 vote, Sen. Huppenthal still recommended that the bill be further amended in a joint conference committee. The conference committee added an amendment relating to mandatory fingerprinting. The bill will be Final Read in the Senate soon and then will go to the House for a Final June 13, 2008 Read as well. Biological Evidence Storage contd. The League worked closely with law enforcement agencies around the state to find reasonable solutions to the initial issues and applaud the sponsor and Representative Eddie Farnsworth (R-Gilbert), Chair of the House Judiciary Committee, for their ability to find effective compromise. SENATOR JAKE FLAKE HONORED AS GREAT ARIZONA STATESMAN More than 1,000 friends, family and colleagues gathered to mourn the loss of Senator Franklin "Jake" Flake (R- Snowflake) at a memorial service held in Phoenix on Wednesday. Senator Flake passed away on Sunday, June 8 from complications after falling from his horse a few weeks earlier. Those who paid tribute to the late Senator include former Senate President Ken Bennett and Flake's nephew, United States Congressman Jeff Flake. Senator Flake was remembered as a family man, friend, man of faith, leader and role model, an acknowledgement of the many roles he filled and the thousands of lives that he touched. He was a true friend of cities and towns, tirelessly supporting local government during his 11 years at the legislature, including two as Speaker of the House. His funeral will be held today at the Snowflake Main Street Chapel of the Church of Jesus Christ of Latter-day Saints. In lieu of flowers, the family has requested that contributions be sent to: Snowflake Academy Foundation 30 W. 2nd South Snowflake, Arizona 85937 www. snowflakeac ademy. com FINAL REMINDER: RESOLUTIONS DUE JUNE 16 BY 5:00 PM Please contact Cheyenne Walsh at (602) 258-5786 or cwalsh(n.azleague.org with any questions or to submit your resolutions. You may also fax resolutions to (602) 253- 3874. Please don't forget that resolutions must be properly formatted and be cosponsored by at least two municipalities. CANDIDATES 2008 Below is a list of candidates who have filed for legislative and congressional offices. Some signatures for particular candidates may be challenged, and we will update this list in the event that any of the challenges are successful. OFFICE 1'ARTI' NAME CTT1ESrI'OWNS REPRESENTED (~~mcrr~>i~mal In~unihent ~ Current memf,rr~,(sl.~lz $en.ue -Current mcmf,rr Houk of Ke ~rr~ent.3ti~es CONGRESS CD-1 Dem Jeffrey Brown Central, east-central and northeast Arizona; Dem Ann Kirkpatrick includes Navajo and Apache reservations Dem Howard Shanker Dem Mary Kim Titla GOP Barry Hall GOP Tom Hansen GOP Sydney Hay GOP Preston Korn GOP Sandra LB Livingstone CD-2 Dem John Thrasher West Phoenix, Lake Havasu City, Green William Crum Kingman, Grand Canyon, Second Mesa Lib Powell Gammill GOP Trent Franks June 13, 2008 QFI'1CH; I'AR"1'Y N;1;17L Ci1'lES~I"01~ NS KEP1tESLNTrD ~' Con sessional Incumbent N Current member of state Senate ~ Current member House of Re resentatives CD-3 Dem Bob Lord North Phoenix, Paradise Valley North to Lib Michael Shoen Anthem, New River, county line; boundary GOP John Shadegg ~k includes 43`a Ave., Thomas Road, Scottsdale Road CD-4 Dem Ed Pastor ~k Central and South Central Phoenix; Green Rebecca Dewitt boundaries include 75"' Ave., Bethany Lib Joe Cobb Home, 48~' Street, South Mountain GOP Don Karg CD-5 Dem Harry Mitchell ~k Ahwatukee, Tempe, Scottsdale, Fountain Lib Warren Severin Hills, Ft. McDowell, North and East to GOP Mark Anderson 0 county line GOP Susan Bitter Smith GOP Lee Gentry GOP Laura Knaperek GOP Jim Ogsbury GOP David Schweikert CD-6 Dem Chris Gramazio Mesa, Gilbert, Chandler, Sun Lakes Dem Rebecca Schneider Lib Rick Biondi GOP Scott Bergren GOP Jeff Flake CD-7 Dem Raul Grijalva * Southwest Arizona, Yuma County; parts of GOP Gene Chewning La Paz, Maricopa, Pima, Santa Cruz GOP Joseph Sweeney Counties; West Tucson, Tohono O'Odham Nation Gila River Indian Communit CD-8 Dem Gabrielle Giffords * North and East Tucson, Catalina, Green GOP Tim Bee i/ Valley, Sierra Vista, Wilcox, Bisbee, Dou las STATE SENATE Senate LD-1 GOP Tom O'Halleran // Camp Verde, Chino Valley, Clarkdale, GOP Steve Pierce Cottonwood, Jerome, Prescott, Prescott Valle Sedona Williams Senate LD-2 Dem Albert Hale i/ Flagstaff GOP Ro ce Jenkins Senate LD-3 Dem Mary Landahl Bullhead City, Colorado City, Fredonia, GOP Ron Gould ~/ Kingman, Lake Havasu City, Page, Parker, uartzsite Senate LD-4 Dem Robert Boehlke Buckeye, Dewey-Humboldt, Glendale, GOP Jack Harper i/ Peoria, Phoenix, Surprise, Wickenburg GOP John B Zerb Senate LD-5 GOP TBA Clifton, Duncan, Eagar, Globe, Holbrook, , Miami, Payson, Pima, Pinetop-Lakeside, Safford, St. Johns, Show Low, Snowflake, Springerville, Star Valley, Taylor, Thatcher Winslow Senate LD-6 Dem Jim Larson Phoenix GOP Pamela Gorman N Senate LD-7 Dem Lisa Black Carefree, Cave Creek, Phoenix, Scottsdale Lib Dennis G Grenier GOP Jim Warin N Senate LD-8 GOP Carol S Allen Fountain Hills Scottsdale Senate LD-9 Dem Karen Price Glendale, Peoria, Surprise, Youngtown GOP Robert "Bob" Burns i/ Senate LD-10 Dem Martin Monroe Glendale, Phoenix GOP Linda Gra N Senate LD-11 Dem Ann Wallack Paradise Valley, Phoenix GOP Barbara Leff N Senate LD-12 Dem •Angela Cotera Avondale, Buckeye, El Mirage, Glendale, GOP John Nelson 0 Goodyear, Litchfield Park, Phoenix, S rise June 13, 2008 pE1~ICE PARTY NAMI: CI"TIKS~"I'O~'VS RFPRLSLn7'Ell '~ Con essional Incumbent .~' Current member of state Senate ~ Current member House of Re resentatives Senate LD-13 Dem Richard Miranda Avondale Glendale Phoenix Tolleson Senate LD-14 Dem Debbie McCune Davis Glendale Phoenix Senate LD-15 Dem Ken Cheuvront Phoenix Senate LD-16 Dem Leah Landrum i/ Guadalupe, Phoenix GOP Daniel J Veres Senate LD-17 Dem Meg Burton Cahill N Scottsdale, Tempe GOP Jesse Hernandez Senate LD-18 Dem Judah Nativio Mesa GOP Kevin Gibbons GOP Russell Pearce 0 Senate LD-19 GOP Chuck Gra A ache Junction Mesa Senate LD-20 Dem Ted Maish Chandler, Phoenix, Tempe GOP John Hu enthal // Senate LD-21 GOP Ja Tibshraen Chandler Mesa ueen Creek Senate LD-22 GOP Joe Bedgood Apache Junction, Gilbert, Mesa GOP Eddie Farnsworth 0 GOP Tha er Verschoor N Senate LD-23 Dem Rebecca Rios N Apache Junction, Avondale, Casa Grande, GOP Andre Campos Coolidge, Eloy, Florence, Hayden, Kearny, Mammoth, Maricopa, Phoenix, Queen Creek Su erior Winkelman Senate LD-24 Dem Amanda Aguirre N Parker, San Luis, Somerton, Wellton, Green Jack Kretzer Yuma Senate LD-25 Dem Manual V "Manny" Alvarez 0 Benson, Bisbee, Buckeye, Douglas, Gila GOP Mary Ann Black Bend, Huachuca City, Marana, Nogales, Sierra Vista Tombstone Willcox Senate LD-26 Dem Cheryl A Cage Marana, Oro Valley, Tucson GOP Pete Hershberger 0 GOP Al Melvin Senate LD-27 Dem Jorge Luis Garcia i/ Tucson GOP Bob Westerman Senate LD-28 Dem Paula Aboud Tucson Senate LD-29 Dem Linda Lo ez 0 South Tucson Tucson Senate LD-30 Dem Georgette W Valle Patagonia, Sahuarita, Sierra Vista, Tucson GOP Jonathon Paton 0 HOUSE OF REPRESENTATIVES House LD-1 GOP Lucy Mason 0 Camp Verde, Chino Valley, Clarkdale, GOP Andy Tobin 0 Cottonwood, Jerome, Prescott, Prescott Valle Sedona Williams House LD-2 Dem Tom Chabin 0 Flagstaff Dem Christopher Deschene Dem Mark Haughwout Dem Albert Tom 0 House LD-3 Dem Pamela Durbin Bullhead City, Colorado City, Fredonia, GOP Doris Goodale Kingman, Lake Havasu City, Page, Parker, GOP Trish Groe 0 Quartzsite GOP Nancy McLain 0 House LD-4 Dem Sue Dolphin Buckeye, Dewey-Humboldt, Glendale, Dem Paula S Forster Peoria, Phoenix, Surprise, Wickenburg GOP Tom Boone 0 GOP Judy M Burges 0 House LD-5 Dem Jack A Brown 0 Clifton, Duncan, Eagar, Globe, Holbrook, , GOP Sylvia Tenney Allen Miami, Payson, Pima, Pinetop-Lakeside, GOP Bill Konopnicki 0 Safford, St. Johns, Show Low, Snowflake, Springerville, Star Valley, Taylor, Thatcher Winslow June 13, 2008 OFFICE PARTY NAME C[TIESI~TOii~`ItiS REPItESENTEU ',t' Con essional Incumbent ~' Current member of state Senate C1 Current member House of Re resentatives House LD-6 Dem Teri Conrad Phoenix Dem Jack Doody GOP Tony Bouie GOP Sam Crump 0 GOP Carl Seel House LD-7 Dem Jeanne Lunn Carefree, Cave Creek, Phoenix, Scottsdale Lib James Iannuzo GOP Ray Barnes 0 GOP Nancy Barto 0 House LD-8 Dem Stephanie Rimmer Fountain Hills, Scottsdale GOP John Kavanagh 0 GOP Michele Reagan 0 House LD-9 Dem Shawn Hutchinson Glendale, Peoria, Surprise, Youngtown Dem Sheri Van Horsen GOP Debbie Lesko GOP Rick Murphy 0 House LD-10 Dem Edy Blackwell Glendale, Phoenix Dem Leonard Clark Dem Lamont Lovejoy Dem Jackie Thrasher 0 Green Margarite Dale Lib Scott Gibson GOP Doug Quelland GOP Jim Weiers 0 House LD-11 Dem Mark DeSimone 0 Paradise Valley, Phoenix GOP Jon Altmann GOP Adam Driggs 0 House LD-12 Dem Eve Nunez Avondale, Buckeye, El Mirage, Glendale, Dem David Scanlon Goodyear, Litchfield Park, Phoenix, Green Celeste M Castorena Surprise GOP Robert Blendu i/ GOP Steve Montenegro GOP Jerry Weiers House LD-13 Dem Steve Gallardo 0 Avondale, Glendale, Phoenix, Tolleson Dem Martha Garcia 0 GOP Timothy Schwartz House LD-14 Dem Chad Campbell 0 Glendale, Phoenix ' Dem Robert Meza 0 Dem John Valdez House LD-15 Dem David Lujan 0 Phoenix Dem Kyrsten Sinema 0 GOP Ed Hedges House LD-16 Dem Cloves Campbell, Jr 0 Guadalupe, Phoenix Dem Betty Doss Ware Dem Ben Miranda 0 Dem Jimmie Munoz, Jr GOP Ronald Harders GOP Raymond Williams House LD-17 Dem Ed Ableser 0 Scottsdale, Tempe Dem David Schapira 0 Green David Corl GOP Mark Thompson GOP Wes Waddle House LD-18 Dem Tammie Pursley Mesa GOP Cecil Ash GOP Steve Court GOP Kanani Henderson GOP Ron Middlebrook June 13, 2008 ~F'I~ICE P.aR'1'Y NA1~1L CITII~:S/`I'O«'NS REPRESF'\'CED °,F° Con essional Incumbent N Current member of state Senate ~? Current member House of Re resentatives House LD-19 Dem Kathy Romano Apache Junction, Mesa GOP Kirk Adams 0 GOP Rich Crandall 0 House LD-20 Dem Jim Torgeson Chandler, Phoenix, Tempe Dem Rae Waters GOP Jeff Dial GOP John McComish 0 GOP Frank Schmuck GOP Andy Swann House LD-21 Dem Phil Hettmansperger Chandler, Mesa, Queen Creek GOP Warde V Nichols 0 GOP Steve Yarbrough 0 House LD-22 Dem Glenn Ray Apache Junction, Gilbert, Mesa GOP Adam Armer GOP Andy Biggs 0 GOP Bob Brown GOP Laurin Hendrix House LD-23 Dem Dorian Bond Apache Junction, Avondale, Casa Grande, Dem Ernest Bustamante Coolidge, Eloy, Florence, Hayden, Kearny, Dem Barbara McGuire 0 Mammoth, Maricopa, Phoenix, Queen Dem Krista Pacion Creek, Superior, Winkelman GOP John Fillmore GOP Frank Pratt House LD-24 Dem Lynne Pancrazi 0 Parker, San Luis, Somerton, Wellton, Dem Theresa Ulmer 0 Yuma GOP Russ Jones House LD-25 Dem Richard "Ric" Boyer Benson, Bisbee, Buckeye, Douglas, Gila Dem Patricia "Pat" Fleming Bend, Huachuca City, Marana, Nogales, GOP Timothy Davies Sierra Vista, Tombstone, Willcox GOP David Stevens House LD-26 Dem Donald Jorgensen Marana, Oro Valley, Tucson Dem Nancy Young Wright 0 GOP Trent Humphries GOP Vic Williams GOP Marilyn Zerull House LD-27 Dem Oliva Cajero Bedford 0 Tucson Dem John Kromko Dem Phil Lopes 0 Green Kent Solberg GOP JD "Duke" Schechter House LD-28 Dem David Bradley 0 Tucson Dem Steve Farle 0 House LD-29 Dem Eric Carbajal Bustamante South Tucson, Tucson Dem Ephraim Cruz Dem Gil Guerra Dem Matt Heinz Dem Daniel Patterson Dem Tom Prezelski 0 Dem Patricia Puig GOP Juan Ciscomani GOP Pat Kilburn House LD-30 Dem Andrea Dalessandro Patagonia, Sahuarita, Siena Vista, Tucson GOP Frank Antenori GOP Sharon Collins GOP David Gowan GOP Dough Sopsito June 13, 2008 League of Arizona Cities ~NOTowns IN THIS ISSUE Shutdown Imminent? ................... 1 Jobs Creation Package ................. 1 Governor Signs Elections Corzection .................................... 1 New Laws Report ........................ 2 League Pays Visit to State's Newest Senator 2 The Weekly Spotlight .................. 2 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague.org Internet: www.azleague.org Bulletin -Issue 24 -June 20, 2008 SHUTDOWN IMMINENT? The Legislature concluded the week with more questions than answers regarding the budget and the final adjournment of session. On Tuesday, a joint Senate-House Appropriations Committee convened and heard from the Joint Legislative Budget Committee (JLBC) staff on the current fiscal and economic condition of the state; in short, things are bad. The committee also heard from Legislative Council on the legal implications of a fiscal year beginning without the constitutionally mandated budget. According to Legislative Council, there is no clear roadmap, which could be a recipe for chaos if the state government officially shuts down. State Treasurer Dean Martin was more specific, saying that the Treasurer would be "unable to cut checks for certain expenditures... like urban revenue sharing." On Wednesday, June 25th there is a Senate Appropriations Committee hearing scheduled. The first bill listed, Senate Bill 1302, has a proposed strike everything amendment titled "emergency budget continuation." We have not seen the language of this proposal, but we will be monitoring the situation closely. The state is 10 days from the end of the fiscal year. We certainly hope the Legislature can come to an agreement on the budget and pass something that the Governor will sign JOBS CREATION PACKAGE On Thursday Representative Michelle Reagan (R-Scottsdale) chaired an informational hearing of the House Commerce Committee on the "Jobs Creation Package." The hearing focused on four major points to invigorate the economy of the state: 1. An increase in the Research and Development Tax credit; 2. Targeted sales tax increases in Pima Count to enhance Cactus League (spring training baseball) facilities; 3. Abatement of construction taxes to create urban redevelopment projects; and 4. Solar tax credits. The committee heard from representatives from each endeavor, each of whom cited that Arizona needs a stimulus immediately in order to restore the state's economic vitality. House Speaker Jim Weiers (R -Phoenix) also voiced his support for the package during the hearing. Representative Reagan stated that she will hold another Commerce Committee hearing early next week to actually hear a bill on the subjects. We will follow this issue closely and keep you apprised of any developments. GOVERNOR SIGNS ELECTIONS CORRECTION The Governor signed a bill on Thursday that contains an important technical correction for local elections. Senate Bill 1053 became a vehicle for the technical fix that allows certain local elections to be held on the ninth Tuesday before the first Tuesday after the first Monday in November. The measure contains an emergency clause, which required atwo-thirds vote of both the House and Senate for it to become effective upon the signature of the June 20, 2008 Governor Signs Elections Correction contd. Governor. S.B. 1053 passed out of the Senate 25-1-4 and out of the House 50-0-10 last week, easily with enough votes to meet the requirements of the emergency clause. With the emergency clause, the technical correction alleviates the concerns expressed by a number of cities concerning the status of this Fall's elections. We are grateful to the Legislature and the Governor for enacting this important fix. The League would also like to thank Jennifer Sweeney of the Arizona Association of Counties for her tireless efforts on this bill. NEW LAWS REPORT The League is currently working on the 2008 New Laws Report, the annual publication distributed statewide which explains recently enacted legislation and the impact on local governments. As bills are signed and new legislation is enacted, we are continuously updating the report, and it will be fully compiled after session adjourns sine die. According to Article V, Section 7, Constitution of Arizona, the Governor will have 10 days after session is adjourned to act on any bills sent to her office. During session the Governor has five days to act on bills sent to her office. After the last possible day for the Governor to act on any bill, we will have a list of all enacted bills and be able to complete the 2008 New Laws Report. LEAGUE PAYS VISIT TO STATE'S NEWEST SENATOR League Executive Director Ken Strobeck and Legislative Director Jeff Kros met this week with the new District 5 Senator Sylvia Allen (R-Snowflake). Senator Allen was sworn in on Monday; she replaces the late Senator Jake Flake who passed away suddenly. Senator Allen is no stranger to local government, having been actively involved in rural policy matters for more than 15 years. She said she planned to maintain strong connections with the 18 cities and towns in her new district, and indicated she hoped to be making personal visits to each of them during the upcoming months. During the meeting, we discussed the importance of maintaining shared revenues in helping to keep rural cities strong and safe in order to support economic development. The Weekly Spotlight - Representative Mark DeSimone Rep. DeSimone was a dean's list student while attending Arizona State University. He spent almost two years living in Taiwan, teaching English and studying Mandarin Chinese. His wife, Mali, is a second-generation native of the Valley. The DeSimones have two young children; Benjamin, 6, and Ava, 4. As the parents of a daughter with a developmental disability, the DeSimones are actively involved in community organizations that assist other adults and children with disabilities. Rep. DeSimone also is an active member of the Phoenix Midtown Lions Club. He is a member of the House Commerce, Government and Human Services committees What prompted you to run for the legislature? Having young children definitely can change your perspective on how and when you should do public service. I have one child who just started public school and a daughter with a developmental disability. The ultimate goal of making sure the state is a place our children will someday want to raise their families is a worthy endeavor. How would you get more people interested in the legislative arena? I try to encourage people to get involved in our policy-making process whenever the opportunity presents itself. One way is to encourage people to come down to our Capitol and see for themselves how the process works. I have given dozens of tours of our State House and have included personalized tour invitations in my constituent outreach efforts to thousands of District 11 residents. June 20, 2008 What's your proudest legislative achievement? I am most proud of the work I do in helping constituents. Helping others has always been personally rewarding for me so it is the part of my job that that I like best. Also, I feel I do a pretty good job at using my office to help meet the needs of my constituents. What do you think is the proper role of state government? Of local government? It is my philosophy that state government should function to facilitate our citizens' collective will regarding building and maintaining infrastructure and providing necessary services. Local government's role should be as much or as little as the residents of those communities desire. I am a strong believer in keeping as much government as possible at the local level where the taxpayers can see much more clearly what services or infrastructure they are paying for and can more easily discern whether they like how their tax dollars are being used. What kinds of things do you do to relax -favorite music, books, etc. ? I like reading with my children and spending ,time with my family. Things I am really looking forward to are a family trip to Lego Land after session and a date with my wife. Thank you for your time. Thanks for allowing me to participate. 3 June 20, 2008