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HomeMy WebLinkAbout06/16/2009 Council Agenda PacketREGULAR COUNCIL, MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 16, 2009, at or after 7:00 PM 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 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 courtes~to others, Tease turn off or put in silent mode all pagers and cell phones. Meeting Times 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. Speaking at Meetings 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. Accessibility 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. Regular Council Meeting -June 16, 2009 -Page 1 of 92 A eg ndas 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 Monday, June 15, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at «~~~.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA 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. PRESENTATIONS ANNOUNCEMENTS/UPDATE S PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA 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. C 1: Resolution No. 2009-90: Relating to Boards, Commissions and Committees; approving the re-appointment of Tim Escobedo to the Marana Public Safety Personnel Regular Council Meeting -June 16, 2009 -Page 2 of 92 Retirement System local board (Ed Honea) C 2: Resolution No. 2009-91: Relating to Employment; approving and authorizing the Mayor to execute a First Amendment to the Employment Agreement with Town Manager Gilbert Davidson (Frank Cassidy) C 3: Minutes of the May 21, 2009 regular council meeting and June 2, 2009 regular council meeting COUNCIL ACTION A 1: Resolution No. 2009-92: Relating to Development; approving and authorizing a temporary use permit for a fenced storage yard with security trailer on a vacant lot at 4863 W. Massingale Road (Kevin Kish) A 2: Resolution No. 2009-93;_Relating to Mayor and Council; cancelling the July 7, 2009 regular Council meeting (Jocelyn C. Bronson) A 3: Resolution No. 2009-94: Relating to Mayor and Council; adopting Council Computer Equipment and Software Policies regarding the issuance and usage of town computer equipment, software, peripherals and Internet access; and declaring an emergency (Gilbert Davidson) A 4: Resolution No. 2009-95: Relating to Ethics; approving the Town of Marana Code of Principle and Ethics-Centered Governance; and declaring an emergency (Gilbert Davidson) A 5: Relating to Mayor and Council; selection of Vice Mayor (Jane Fairall) BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Annual presentation to Mayor and Council on the activities of the Affordable Housing Citizen Advisory Commission (Ginny Huffman) B 2: Resolution No. 2009-96: Relating to Boards, Commissions and Committees; approving re-appointments to the Planning Commission (Lisa Shafer) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E 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. E 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: 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 anal staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Regular Council Meeting -June 16, 2009 -Page 3 of 92 Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 4: Executive Session pursuant to A.R.S. §38-431.03 (A)(1) to discuss and evaluate the performance of Town Manager Gilbert Davidson 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) ADJOURNMENT Regular Council Meeting -June 16, 2009 -Page 4 of 92 ~~ n_ " ~,.....~ Ii(1~~j T o~w 01 4~~~'1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 16, 2009, 7:00:00 PM To: Mayor and Council From: Ed Honea ,Mayor Strategic Plan Focus Area: Community Building Item C 1 Subject: Resolution No. 2009-90: Relating to Boards, Commissions and Committees; approving the re-appointment of Tim Escobedo to the Marana Public Safety Personnel Retirement System local board Discussion: Under State law, the Town of Marana is required to maintain a local board to administer the Public Safety Personnel Retirement System (PSPRS) for its PSPRS-eligible employees. The local board must include the mayor or his designee, two PSPRS-eligible employees elected by their peers and two citizens appointed by the mayor with the approval of the Town Council. Mayor Ed Honea is requesting Council approval of the re-appointment of Tim Escobedo to the local board. Mr. Escobedo's term will expire in June of 2009. If approved, Mr. Escobedo would serve an additional four-year term on the Public Safety Personnel Retirement System local board. Mr. Escobedo has served two consecutive terms on the board beginning in June of 2001. ATTACHMENTS: Name: Description: T~~pe: ^ Reso 90 appoi_nt_ingTm_ Escobedo to PSPRS local board. Resolu#ion Resolutian {00015174). DOC Staff Recommendation: Suggested Motion: I move to approve Resolution 2009-90, approving the re-appointment of Tim Escobedo to the Marana Public Safety Personnel Retirement System local board. Regular Council Meeting -June 16, 2009 -Page 5 of 92 MARANA RESOLUTION N0.2009-90 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING THE RE-APPOINTMENT OF TIM ESCOBEDO TO THE MARANA PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL BOARD WHEREAS the Town of Marana has created the Marana Public Safety Personnel Retirement System (PSPRS) local board pursuant to A.R.S. § 38-847 to administer the system for the Town and to make the provisions of the system effective for the Town; and WHEREAS A.R.S. § 38-847 provides that two members of the local PSPRS board shall be citizens appointed by the mayor with the approval of the Town Council; and WHEREAS Mayor Ed Honea desires to re-appoint Tim Escobedo to the Marana Public Safety Personnel Retirement System local board for afour-year term. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Tim Escobedo is re-appointed to the Marana Public Safety Personnel Retirement System local board for afour-year term, beginning July 1, 2009. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of June, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -June 16, 2009 -Page 6 of 92 ®' '~;/ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 16, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Not Applicable Item C 2 Subject: Resolution No. 2009-91 _Relating to Employment; approving and authorizing the Mayor to execute a First Amendment to the Employment Agreement with Town Manager Gilbert Davidson Discussion: Arizona law requires that a severance pay provision of a professional services contract with a county, city, or town manager must end when the terms of the elected officials end. However, after an election has occurred, the severance pay provision may be reinstated until the end of the then-sitting members' terms. Consistent with state law, the original employment agreement with Town Manager Gilbert Davidson included a severance provision which automatically terminated on the date of the first meeting of the Town Council after Council Members elected in the Spring 2009 elections took office. Now that Council Members elected in the Spring 2009 elections have taken office, this First Amendment to Town Manager Gilbert Davidson's Employment Agreement will reinstate the severance pay provision until the next council elections in Spring 2011. All other teams of the Agreement remain in full force and effect and are unchanged. ATTACHMENTS: Name: ^ _Reso approving Gi_Ibert Davidson_s employment agreement 000.1.5146~.DOC ^ EX A - 1st Amendment to Gilbert Davidson Employment Ag_re_e_ment FJC_(00015_1.1.8~,DOC Staff Recommendation: Description: Reso approving Davidson Amendment Exh A to Reso' Amendment fa Davidson Employment Agreement Staff recommends approval of Resolution No. 2009-91. Type: Resolution Exhibit Suggested Motion: I move to approve Resolution No. 2009-91, extending the severance pay provision of the employment agreement with Town Manager Gilbert Davidson until after the Spring 2011 Marana general election. Regular Council Meeting -June 16, 2009 -Page 7 of 92 MARANA RESOLUTION NO. 2009-91 RELATING TO EMPLOYMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FIlZST AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH TOWN MANAGER GILBERT DAVIDSON WHEREAS the Town Council adopted Resolution No. 2008-95 on July 15, 2008, approving and authorizing the Mayor to execute an Employment Agreement with Town Manager Gilbert Davidson; and WHEREAS in accordance with state law and paragraph 2.1 of the Employment Agreement, the severance pay provision of the Employment Agreement automatically terminated on the date of the first meeting of the Town Council after Council members elected in the Spring 2009 elections took office; and WHEREAS the Council members elected in the Spring 2009 election have now taken office, and desire to reinstate the severance pay provision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS that the First Amendment to the Employment Agreement with Town Manager Gilbert Davidson attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it on behalf of the Town. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of June, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -June 16, 2009 -Page 8 of 92 FIRST AMENDMENT TO TOWN MANAGER'S EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND GILBERT DAVIDSON This First Amendment to Employment Agreement (this "Amendment") is entered into by and between the TowN of MARANA, an Arizona municipal corporation, (the "Town") and GILBERT DAVIDSON (the ``Town Manager"). The Town and the Town Manager are collectively referred to in this Agreement as the ``Parties," and each is sometimes individually referred to as a "Party." RECITALS A. The Parties entered into an employment agreement (the "Original Agreement") dated July 16, 2008, approved by the Town Council by the adoption of Marana Resolution No. 2008-95 on July 15, 2008. B. In compliance with Arizona law, paragraph 1.2 of the Original Agreement provided that the provision of the Original Agreement relating to the payment of severance automatically terminated on the date of the first meeting of the Town Council after Council Members elected in the spring 2009 elections took office. C. The Council Members elected in the spring 2009 elections have now taken office, and the Parties desire to reinstate and readopt the severance payment provision of the Original Agreement. AGREEMENT Now, THEREFORE, in consideration of the mutual promises made in this Amendment, the Parties agree as follows: Article 1. Severance Pay 1.1. Reinstatement and Readoption of Severance Provision. Paragraph 4.1 of the Original Agreement relating to the payment of severance is hereby reinstated and readopted. 1.2. Severance Provision Term. Paragraph 4.1 of the Original Agreement relating to the payment of severance, as reinstated and readopted by this Amendment, shall automatically terminate on the date of the first meeting of the Town Council after Council Members who are elected in the spring 2011 elections take office (approximately June 1, 2011). The then-sitting Town Council may reinstate or readopt a severance provision. Article 2. Miscellaneous 2.1. Remainder of Original Agreement Unaffected. Except for the modification of Paragraph 1.2 of the Original Agreement and the reinstatement and readoption of Paragraph 4.1 of the Original Agreement, all terms of the Original Agreement shall remain in full force and effect, unmodified by the terms of this Amendment. FIRST AMENDMENT TO TOWN MANAGER GILBERT DAVIDSON EMPLOYMENT AGREEMENT -1- Regular Council Meeting -June 16, 2009 -Page 9 of 92 EXHjBjT 11 2.2. Recitals. The recitals set forth at the beginning of this Amendment are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 2.3. Entire Agreement. This Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of this Amendment. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Amendment. 2.4. Severability. If any provision of this Amendment is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Amendment, which shall otherwise remain in full force and effect. In lieu of the illegal., invalid or unenforceable provision, there shall be added automatically as part of this Amendment a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Amendment shall be deemed reformed accordingly. 2.5. Governing Law. This Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. 2.6.Interpretation. This Amendment has been negotiated by the Town and the Town Manager, and neither Party shall be deemed to have drafted this Amendment for purposes of construing any portion of this Amendment for or against any Party. 2.7. Conflict of Interest. This Amendment is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth below their respective signatures. TowN: TOWN MANAGER: THE TOWN OF MARANA, an Arizona municipal corporation By: Mayor Ed Honea By: Gilbert Davidson Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Date: Frank Cassidy, Town Attorney FIRST AMENDMENT TO TOWN MANAGER GILBERT DAVIDSON EMPLOYMENT AGREEMENT -2- Regular Council Meeting -June 16, 2009 -Page 10 of 92 EXj-jjBjT A REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 21, 2009, at or after 7:00 PM Ed Honea, Mayor, present Herb Kai, Vice Mayor, present Russell Clanagan, Council Member, prese~it Patti Comerford, Council Member, present Carol McGorray, Council Member, present Jon Post, Council Member, present Roxanne Ziegler, Council Member, excused REGULAR MEETING CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Honea. at 7:00 p.m. Council Member Ziegler was excused, all others present, as noted above. PLEDGE OF ALLEGIANCE/1NVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Couucil Member Comerford, second by Council Member McGorrtty. Motion carried 6-0. CALL TO THE PUBLIC Several members of the public addressed Council regarding item C9, Resolution No. 2009-78. Ian Poynton mentioned that he thought there was a proposed two or three phase process that would. have been done from the meeting a few months ago. He stated he was upset that this-:item was put on the agenda at the last minute. He also said he was disgusted with how this has been handled. Tim Blowers spoke regarding the beauty of the Tortolitas and the park and access on the east side that will not provide what is needed for public access. This easement has been used for over 30 years, and a lot of people believe something is being taken away from them and he asked for postponement and a public meeting. Sharyl Cummings asked for a way to improve communications regarding the residents who live in the Tortolita area and items that affect that area and the Town's actions involving that area. Regular Council Meeting -June 16, 2009 -Page 11 of 92 Steve Blomquist reviewed some history before Marana was incorporated and the public easement in and near the Tortolita Mountains, then the activity when Marana annexed the Phinney property in that area. Tracy Chamberlain spoke to the Town's intent in crafting the agenda on the issue of the Saguaro Ranch item and asked if this item could be removed from the Consent Agenda and held for public comment. Dawn Arnold also registered her disappointment in the Saguaro Ranch item being on the Consent Agenda. Ken Maus spoke to the Saguaro Ranch issue and his surprise that the issue was placed on the Consent Agenda at the last minute without respect for additional public input so that there will be public access on the easement. Mark Hulet spoke to the effort of due diligence of the developer of the property who did not know of the public easement on the Saguaro Ranch property -represent the public or represent the developer. Lynn Marrs asked if a review was done as indicated earlier and could homeowners get a copy of the review; what is the rush to push this item through: -- Jon Michael indicated that he thought there would be a public process rather than find the Saguaro Ranch item on the Consent Agenda the day after an election. He also referenced elected officials in various jurisdictions who he felt had deceived the public. Peter Giannini expressed his personal view on protecting the easement and concerns about the process of bringing this item for a vote and the Constitutional right of referendumwherr`the rights of the citizens are circumvented. PRESENTATIONS ANNOUN CEMENT S/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford reported on Marana High School Grad Night. One hundred twenty students attended; no report of any incident involving any student from Marana High School. She also presented Council with the thank you card from the students. She thanked T. Van Hook for helping get the funds for this event. Council Member McGorray reported that her grandson graduated from Canyon del Oro and attended a similar grad night program there. She felt that these programs help save lives. Regular Council Meeting -June 16, 2009 -Page 12 of 92 Mayor Honea attended the State of the State and talked with the Governor. He indicated that he and the Vice Mayor toured the Grad Night event. He noted that several people including Monica Sutton, Pam Mosely, Tammy Foster, Crystal Flood, and Tina La Losa who spent hundreds of hours getting this event ready for the students. He also attended the Chamber luncheon today and heard Ken Bennett, State Treasurer, speak on the state budget. Sixty percent of Arizona's budget goes to education. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported that the Council Executive Report has been submitted for review, and Senator John McCain will be speaking at Town Hall at 10:00 a.m. on May 26 about what is going on at the federal level. TOWN REPORTS Marana Chamber 2009 1st Quarter Report. Presented by Ed Stolmaker, President/CEO, Marana Chamber of Commerce. GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by Vice Mayor Kai. Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excused. C l: Resolution No. 2009-69: Relating to Mayor-and Council; adopting procedures for members of the Town Council and of special and standing boards, commissions, and committees of the Town to participate in public meetings by electronic attendance; and declaring an emergency C 2: Resolution No. 2009-70: Relating to the Police Department; approving and authorizing the Chief of Police to execute an intergovernmental agreement between the Marana Police Department and the State of Arizona Department of Public Safety Arizona Counter Terrorism Information Center regarding the statewide terrorism liaison officer program C 3: Resolution No. 2009-71: Relating to the Police Department; approving and authorizing the-Mayor to execute a license agreement with Kai Properties relating to the use of Kai Properties property for the purpose of Marana Police Department canine handler training; and declaring an emergency C 4: Resolution No. 2009-72: Relating to Utilities; approving and authorizing the execution of the Modification to the Membership Agreement to the Services Agreement between the Town of Marana Water Department and the Arizona Board of Regents, University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona C 5: Resolution No. 2009-73: Relating to the Police Department; approving and authorizing full execution of a Grant Agreement (HT 19-09-1711) with the Arizona Regular Council Meeting -June 16, 2009 -Page 13 of 92 Criminal Justice Commission to receive funding under the High Intensity Drug Trafficking Area Grant Program C 6: Resolution No. 2009-74: Relating to Development; approving the release of the Private Improvement Agreement for Northwest Fire District Station 38 located at 8475 N. Star Grass Road and acceptance of public improvements for maintenance C 7: Resolution No. 2009-75: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Location Transfer of a No. 9 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Stores, Inc. located at the northeast corner of Ina Road and Camino de Oeste - C 8: Minutes of the April 28, 2009 special council meeting,,-.May 5, 2009 regular council meeting, and the May 12, 2009 special council meeting C 9: Resolution No. 2009-78: Relating to Real Estate; vacating and abandoning any rights of ingress and egress granted to the public by the easement recorded in Docket 7718, Page 333, Pima County Recorder's Office, including any previously recorded versions and as it may have been amended, located within the Town limits of the Town of Marana; and declaring an emergency COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.Db: Relating to Development; rezoning approximately 2.06 acres of land: located'south of Cortaro Farms Road and east of Cerius Stravenue from R-36„(single-family t•esidential -minimum lot size of 36,000 square feet) to NC (neighborhood commercial) for the QuikTrip Corporation Lisa Shafer addressed Counci I. The Mayor interrupted to declare the public hearing open. Ms. Shafex noted that MJM Consulting is requesting approval of a rezoning for QuikTrip and then ii~oving forward with the annexation. She reported on the neighborhood meetings that she had attended a public hearing in April and the fact that there had' been no opposition. She also noted that last week several protest letters were received.'' She also indicated-that she contacted several of the protesters. This compilation information has been provided to Council. She also noted that this item requires a supennajority vote due to the protests. James Thomas, president of the homeowners' association at Cortaro Ranch spoke and referenced a presentation by QuikTrip earlier in the year and noted that there had been no negative comments expressed at that time. Martin Sepulveda representing Circle K noted that he had delivered protests to the Town Clerk. He noted 69 signatures opposing high traffic use in the Oshrin Park subdivision. His concern was the zoning. He indicated that he was not opposing QuikTrip from a competition standpoint. His concern was related to the process of having an annexation before the zoning issue could be considered. He referenced a legal case dealing with the process and procedure -from November 4, 1997 - where a Council adopted an ordinance to move forward with an annexation. He again referenced the Regular Council Meeting -June 16, 2009 -Page 14 of 92 zoning process and land use plan of 2007. He referenced Arizona Revised Statutes and asked Council to look at the process again. Council Member Comerford asked what Mr. Sepulveda's title was. She noted that he was not an attorney, but he indicated he represents Circle K in entitlements. Shauneen Washburn indicated that QuikTrip has been working with the neighbors from the beginning. She further indicated that Mr. Sepulveda came to her door and tried aggressively to get her to rescind her recommendation of QuikTrip and she questioned whether the 69 votes he got were intellectually based or study based, and indicated that she would love to have the traffic light. Farren Kleinfelter, Treasurer with the Cortaro Ranch homeo~~ners' association, spoke in favor of QuikTrip. He indicated the positive benefits QuikTrip will bring to the neighborhood. Troy Hoyt, a resident of Oshrin Park, noted that QuikTrip had agreed to-put in a signal light during a neighborhood meeting. Someone-came to him a few weeks later and indicated that QuikTrip was going to do something other than what they originally indicated and he signed a paper, which he now believed to be erroneous in statement of fact. He believes that QuikTrip will honor their agreements and will be a good partner in the area. Martin Sepulveda asked to clarify a point that he was not contacting residents. The Mayor noted Counci I was out of public hearing. Council Member, Clanagan asked Ms. Shafer to summarize the calls she made and findings after the protest'[etters were received. Ms. Shafer reported that she only looked at the Oshrin Park letters -not. Cortaro Ranch. The 69 signatures represented 45 of the lots -multiple signatures for many lots. Twenty-eight came from owners, 17 came from renters. She focused on the owners_ only, calling 1 L Two people that said they understood it was just the-first two lots -they weren't really in favor of it -didn't need more development in the area. Said Circle K and Wal-Mart is there -didn't see a need for it. They were light neutral. One lady said it might help get her horses across the street (Cortaro). The other.-people all came and said that the person who came to their homes would not say who-they represented. None of them knew who they were working for. One gentleman told-her that he was told that they worked for Organization for the People of Oshrin Parke- that was what the people were told. Ms. Shafer said she got different stories from just about everyone. That the whole area was going to be annexed that the town was going to change the zoning, that they were not going to be able to keep their way of life with horses that QuikTrip would hook up to sewer and they would all be required to hook up to sewer and pay $4,000 to do that. She left messages for a few more that had not returned her call. The next part of the question was directed to Mr. Cassidy, asking for legal opinion on the information provided by Mr. Sepulveda. Mr. Cassidy responded that the case in question is that he was the attorney of record for Wal-Mart in Blanchard v. City of Show Regular Council Meeting -June 16, 2009 -Page 15 of 92 Low which is why he believes this process is exactly legal. That case says that as long as the rezoning does not become effective until the annexation is effective that it's perfectly fine. The Court points out that the whole point is to make sure that all of the public hearings have occurred and the nice thing about doing it the way we're doing is that QuikTrip in this case gets the opportunity to know in an open session what the requirements are. One of the main criticisms of the pre-annexation development agreement kind of process is that people get the feeling that deals are being made behind closed doors. This process allows the rezoning process to occur up front. The rezoning does not become final though until after the annexation is final. He disagrees with Mr. Sepulveda in terms of the holding of the Blanchard case. Motion to approve moved by Council Member Clanagan, second by Council Member Post. Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excused. A 2: PUBLIC HEARING: Ordinance No. 2009.07: Relating to Development; rezoning approximately 4.8 acres of land located on the east side of Breakers Road easement, approximately one-third of a mile south of Tangerine Road from `C' (Large ___ Lot Zone) to `HI' (Heavy Industrial) for Advantage Materials The Mayor announced the meeting was open for public hearing. Kevin Kish presented this item. He noted that this property is currently subject to a code enforcement issue with the town and gave the history that brought this about. The current owner does intend to change this designation. He-also noted the conditions of rezoning, including dedication of frontage property and paving Breaker's Road into the project. There are three other projects which he noted hat have the same requirements along Breakers Road to pave-the easement. The Planning Commission recommended unanimously appr~.ving~,the rezoning. CouncilMember Post asked about the piles of dirt. Mr. Kish responded that would be taken care of through their development plan. The intent is to move the materials currently onsite to a contractor's storage yard. Vice Mayor Kai-noted two concerns with the rezone -rezoning to HI is a good process but he concern is that in talking with the neighbors, including Breakers, that HI zoning allows installation of a waste transfer station. He also indicated that in talks with The Planning Center, they would not allow that property to have a waste transfer station which could be detrimental regarding odor. He then noted the code violations with the earth and material on the property. He would like a timeline from the developer to move the materials off the property. He also asked if The Planning Center had any comments. Bob Conant from The Planning Center indicated that he would stipulate to the added condition on the property and for a timeline but he didn't know what that would be at this time. He thought they would need at least a year to move the material. Vice Mayor Kai noted that the Camino de Mariana project coming up might be able to use that material. Mr. Conant indicated they would work with the client. Council Member McGorray also noted that it looks like a mining operation without the hole. She asked if all of the product would be moved. Mr. Conant indicated that there would be some storage of the material but not to the extent that it is now. He responded that it couldn't come up above whatever fencing they'd need. The Mayor declared they were out of public hearing. Regular Council Meeting -June 16, 2009 -Page 16 of 92 Motion to approve, with added conditions of prohibiting a waste transfer station and a timeline of up to a year or two to get the material moved out, moved by Vice Mayor Kai, second by Council Member McGorray. Motion carried unanimously. A 3: Resolution No. 2009-23: Relating to Transportation; approving and authorizing the Mayor to execute an agreement with Union Pacific Railroad Company concerning double-tracking through the Town Keith Brann presented this item to Council and noted that on November 5, 2008 a presentation was made to Council on double-tracking and the agreement between Union Pacific and the Town. He gave a brief summary of the key points;of-the agreement. ~r. There were two changes made from the agreement shown to Council earlier. The original agreement was fora 10-year agreement with a 10-year extension. The current agreement is for 15 years with a 10-year extension due to the current economic situation. The other change in consideration of extending the term of the agreement is that projects must actually be moving forward. Motion to approve moved by Council Member McGorray, second by Vice_Mayor Kai. Motion carried unanimously. A 4: Ordinance No. 2009.08: Relating to Transaction Privilege Tax; amending the Tax Code of the Town of Marana by increasing the tax rate on transient lodging by three percent; and establishing an effective date.. This was presented by Erik Montague, referencing the study session to Council a week ago where this item was proposed. Information was identified as to what types of businesses would be affected. An outreach effort was made to individuals possibly impacted by changes to the code. Additionally; the town will be providing direct contact by written letter to those individuals or businesses impacted by this change. He pointed out that this item was considered by the Business and Economic Development Citizen Advisory Commission on Apri121.2009 and was recommended for approval. He noted that he teas directed by Counci I to bring this item back for consideration at tonight's meeting. Motion to approve moved by Council Member McGorray, second by Council Member Comerford. Motion carried unanimously. Motion to go into Execrctive Session on items AS and A6, moved by Council Member Clanagan, second byjCouncil Member McGorray. Motion carried unanimously. Council left the dais at 8:25 p.m. Council returned to the dais at 8:50 p.m. A 5: Resolution No. 2009-76: Relating to Budget; approving and authorizing the Town Manager to use a methodology to identify options for organizational restructuring as a budget modification method for fiscal year 2010; and declaring an emergency Regular Council Meeting -June 16, 2009 -Page 17 of 92 Gilbert Davidson presented this item. He noted how proud he was of staff in approaching the challenges faced. He recognized several people for their hard work and diligence in moving the restructuring forward. He provided a brief overview including a few slides to reiterate the goals, the budget shortfall as of April 28, how we are closing that gap, and the contingency plan for state reductions. Erik Montague then presented and noted what had been identified for Levels I, II and III reductions, and savings through adjustments and reductions and costs. Gilbert Davidson then discussed some of the Level III options regarding the $804K deficit still to be dealt with. He noted that staff rose to the challenge_of monumental proportions by contributing through voluntary furlough - 132 employees donated back 917 days for a savings of $195,000; voluntary reduction in hours -six employees donated 1,820 hours fora $34,000 savings; voluntary Separation Incentive Plan including both early retirement and separation -six retirees and four resignations for $232K; and for key employees who cannot take time away from the job, 16 participants donated over $36K. The employees in total have donated nearly $SOOK. Every department contributed, and reduced the shortfall to $307K. The next step to be faced is that there is still-a gap to be dealt with which will be accomplished through restructuring opportunities and still main critical services. He will be seeking concurrence on changes in public service, public safety and development services. This process will be included in the budget recommendation. He briefly went through the. methodologies, including elimination of positions that will not affect critical services, span of control, consolidation, elimination of duplication, improved coordination of programs and services and responses, workload changes, positioning for the future and the five focus areas of the strategic plan and how as a community we can make that successful.. He also noted items that could change the scenario at any giventime. He again noted that the state is still grappling with their budget issues that will i~pact cities and towns at some level. He also indicated that some positions will be at risk but could be' dealt with under the WRAP program, if necessary. Staff will continue to monitor and analyze capital expenditures including fleet vehicles. If the state'.crisis is beyond_anything we can manage internally, a mandatory furlough or layoff will be looked at as a last resort. He indicated that there has been some positive in this. He also noted that there should be caution in regard to limited use of the reserve account except as emergencies and for bond ratings. Council Member Comerford spoke about how fortunate the Council and the town is to have the staff who have given. back. She also talked about the controversy of the Council raise. She pointed out that it was an ordinance that was brought to Council by a citizen committee. What the Council members can do is the same thing as the staff -decide to donate back. That is an individual decision based on every person's issues. She will be donating back her raise. Vice Mayor Kai has always said that he would donate back, and Council Member Ziegler has indicated in the past that she would donate back. She reiterated giving up her job at the school was a painful decision., but she wanted the public to understand that sacrifices are made from everyone, and she felt strongly that this was the time to put her energy into being a council member. Regular Council Meeting -June 16, 2009 -Page 18 of 92 Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a 6-0 Roll Call vote with Council Member Ziegler excused. A 6: Resolution No. 2009-79: Relating to Water; approving and authorizing the Mayor to execute a Purchase, Settlement and Termination Agreement with the Cortaro-Marana Irrigation District and the Cortaro Water Users' Association; and declaring an emergency This item was presented by Frank Cassidy after the executive session. He noted that this is a proposed settlement agreement between CMID/CWUA and the Town. The payment of $1.5M for settlement of all pending claims and the acquisition of seven wells and six well sites and a payment of $1 OK for possession of the wells-.and well sites during the negotiating period. Exhibit I which talks about the access to the sites -there was some concern by Sydney Smith that she wanted to make sure there was some flexibility on that. It was a specific list of access points that the town was asking CMID to quitclaim to us and she wanted a little time to consider this. Motion to approve, including any additional issues with Exhibit I, moved by Council Member Comerford, second by Council Member McGorray. Motion carried hu a 6-0 Roll Call vote with Council Member Ziegler`excused BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2009-77: Relating to Boards, Committees and Commissions; approving and authorizing the re-appointments of John Soper and Joe Reilly to the Board of Directors of the Dove Mountain Resort Community Facilities District Mayor Honea presented this item. Motion to approve moved by Council Member Post, second by Council Member Comerford Motion carried unanimously. ITEMS FOR DISCUSS[ONfi'OSSIBLEAOTION D ] : Legislative Issues:. Discussion/I~irectionL the Legislature Presented by Steve Huffman. He indicated to Council that the Legislature is proposing an $84M cut to pities and town, through vehicle license tax $108M from counties in that same tax in order to avoid a Constitutional requirement, a new mechanism to take money from towns and give money directly to local school districts which wouldn't require a 2/3 vote. He doesn't think this will happen, but the Legislature has gone to great lengths to get around the state Constitution. He thinks things will accelerate because they have to. He wants to set up a regular communication schedule with Council especially within the last month to be able to respond quickly to Legislative action. Council input will be critical. District legislators listen to town councils. EXECUTIVE SESSIONS Regular Couneil Meeting -June 16, 2009 -Page 19 of 92 E 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. This item corresponds to item A. 5 above. E 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources. This item applies to item A. 6 above. E 3: 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 (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consol,idated), Maricopa County Superior Court No. CV2008-001131, (2) pendin~~ legal issues,_settlement discussions and contract negotiations relating to the transition of Marana_ _. wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second' by Council Member McGorray. Motion carried unanimously. - The meeting was adjourned at 9:28 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town. Council meeting held on May 21, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -June 16, 2009 -Page 20 of 92 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 2, 2009, at or after 7:00 PM Ed Honea, Mayor, present Herb Kai, Vice Mayor, present Russell Clanagan, Council Member.. present.- Patti Comerford, Council Member, participated by telephone Carol McGorray, Council Member, present Jon Post, Council Member, present Roxanne Ziegler, Council Member, present REGULAR MEETING CALL TO ORDER AND ROLL CALL - The meeting was called to order by Mayor Honea at 7:12 p.m.- Prior to Roll Call, Clerk Bronson contacted Council Member Comerford and connected her to the meeting via conference call. All present as noted above. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Mayor Honea noted `that Item A.l was pulled from the agenda at the request of the applicant. Motion to"approve moved by Council Member Clanagan, second by Council Member lYlcGorray, as amended. Motion carried unanimously. CALL TO THE PUBLIC- Sharon Schwartz, Angela Wagner-Gabbard, Russell Errigo, Dorel Vanegas-Bell, John Weflen, John DePalma and Alice Behnke spoke on behalf of themselves and more than 400 residents who signed petitions and proxies opposing the placement of a cell tower at Twin Peaks proposed by Crown Communications -each giving their specific reasons, primarily noting health issues. John Stevens spoke again about the issue of his property which he has brought to Council's attention at four previous meetings. He also spoke of saguaro spine crosses that he makes. Council Member Post asked for an update on the status of staff's efforts to help Mr. Stevens. Town Manager Davidson stated that he would provide Council with an update. Regular Council Meeting -June 16, 2009 -Page 21 of 92 Larry J. Beasley spoke regarding his concerns about the appointment of Cookie Gallegos as a superintendent in the Operations and Maintenance department and asked if Council could defer their decision until staff involved could have a better understanding of what is going on. Mike Mencinger addressed Council, noting that his position had been eliminated with the budget restructuring. He thanked Council for their support during his six and a half years with the Town, noted the advancements that had been made in his department and stated that he hoped Council would continue their support of the department. PRESENTATIONS P 1: Presentation: Relating to Impact Fees; the indexing of impact Fees and the associated changes in fees for fiscal year 2010 Presented by Keith Brann. He began with a summary of Marana's four impact fee areas -Northwest Marana, Northwest Transportation, a South`fee that includes everything south of Lambert or Avra Valley Road and the Northeast Impact Fee adopted last year that included everything up in Dove Mountain and then the Town in general has atown- wide Parks impact fee -and the impact fees adopted for those areas and the status of increases to those fees. The new fees show a 5.3% increase beginning July 1, 2009 - consistent with the annual construction cost indexing from Engineering News Record - a reputable source of construction costs across the nation., noting that it is one of the indices that is allowed across the state for impact fees. The increase is about $300 on the larger fees and about $100 on the shorter fees. No action required. ANNOUNCEMENTSi UPDATES PROCLAMATIONS MAYOR AND C;OUNC I L REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan mentioned a news report that the City of Tucson is raising taxes'on-water rates which would include users in the Continental Ranch and Dove Mountain-areas and asked what the town would be able to do in a proactive way by not being part of'the Tucson water system and becoming part of the Marana water system and had anyone-from City of Tucson communicated with the town about this increase. Mr. Davidson responded that no notification had been received from Tucson as to their intention to increase rates on tax for their water utility system, and this would be part of our overall water strategy in response to how we're moving forward -how to address Continental Ranch and Dove Mountain and working with the City of Tucson, and we are continuing that dialog. Council Member Ziegler noted that she attended the press conference that Angela and Sharon and others put together at Twin Peaks and Coachline and encouraged community participation so that Council is aware of citizen issues. She stated that she left the press conference with a different point of view (regarding the cell tower). Because of her job she doesn't get to many of the town functions, and appreciates citizen feedback. Council Member McGorray agreed with Council Member Ziegler in keeping our neighborhoods our neighborhoods. She shopped at the Heritage Park farmer's market Regular Council Meeting -June 16, 2009 -Page 22 of 92 yesterday and gave the details of the time and location. She stated that she wanted to advocate for the Heritage Park and the community farm there. Mayor Honea stated that he wanted to advocate for the Cotton Blossom thrift retail store opened on Marana Road next to the bank. They could use gently used tools and furniture. The money raised will be used to help the Marana Health Center education services. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson submitted the Council Executive Report for review and conclusion in the proceedings of the meeting. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Vice Mayor Herb Kai, second by Council Member Clanagan. Motion carried unanimously. C 1: Resolution No. 2009-80: Relating to Administration; approving and authorizing the renewal of an intergovernmental agreement with Pima County for payment for the incarceration of municipal prisoners C 2: Resolution No. 2009-81: Relating to the' Police Department; approving and authorizing the Town Manager to apply for funding from the Governor's Office of Highway Safety under the Highway Safety Program (23 U.S.C. Section 402) to fund the Marana Police Department's participation on the Southern Arizona DUI Task Force C 3: Resolution No. 2009-82: Relating to the Police Department; approving and authorizing the Town Manager to subi»it a grant application for funding from the Governor's Office of Highway Safety under`the Highway Safety Plan (U.S. Code, Title 23 Section 402) for the Marana Speed Awareness Program for neighborhoods, construction zones, and school zones. C 4: Resolution. No. 2009-83: Relating to the Police Department; authorizing the Chief of Police to renew the vehicle registrations for undercover police vehicles COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2009-84: Relating to Development; approving and authorizing a conditional use permit to allow the development of a new wireless communication facility at 7455 West Twin Peaks Road Withdrawn at the request of the applicant. A 2: Ordinance No. 2009.09: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the QuikTrip 1456 Annexation, being an area containing approximately 2.06 acres of land located south of Cortaro Farms Road and east of Cerius Stravenue Regular Council Meeting -June 16, 2009 -Page 23 of 92 Presented by Kevin Kish. He discussed the annexation., giving the location. All notification requirements have been properly complied with. The blank petition was recorded with Pima County Recorder on September 15, 2008 and the Council conducted a public hearing October 7, 2008. The town received signed petitions representing the required petitions from owners. Motion to approve moved by Council Member Clanagan, second by Council Member Ziegler. Motion carried unanimously. A 3: Resolution No. 2009-85: Relating to Elections; declaring and adopting the results of the general election held on May 19, 2009. Ms. Bronson stated the votes for each candidate and for the Alternative Expenditure Limitation and asked-for Council approval of the results Motion to approve moved by Mayor Honea, second by Council Member Comerford. Motion carried unanimously. Town Clerk Bronson gave the Loyalty Oaths and Certificates of Election to Vice Mayor Kai, and Council Members Post and McGorray. Council Member Comerford will be given the Loyalty Oath and Certificate of Election prior to the next regular meeting. A 4: Resolution No. 2009-86: Presentation: Relati~-g to Budget; adopting the fiscal year 2009-2010 tentative budget Presented by Gilbert Davidson, Erik Montague and Deb Thalasitis. Mr. Davidson led by addressing Council to submit the tentative budget.. noting that this budget has been consistent with Council and public direction and guidance throughout a number of public policy sessions. The management team comfn~u~icated through a series of verbal and written forums with staff to help them understand the evolution of the budget process. This budget achieves all of the strategic budget goals and meets the Council goals of `service first' to our community.. Mr. Montague walked Council through the number portion, and then Ms. Thalasitis talked about some of the approaches taken in terms of restructuring and the additional contingency plans they have in place depending on what the State Legislature does with their budget. He then recognized the hard work of Ms. Thalasitis,. Mr. Montague; Barbara Johnson and Kevin Kish and the support from Frank Cassidy and Jane Fairall and the Human Resources department. Mr. Davidson concluded the presentations by restating that the budget meets the Council's key budget goals set forth several months ago. These goals have helped to guide maintaining critical operations in public safety and infrastructure, minimizing the impact on personnel and making sure we are positioned for a quick economic recovery, as well as the Council leadership of developing a strategic plan so that any decision through the budget process is in alignment with the strategic plan. The tentative budget would come back to Council on June 23 for final adoption. Council Member Clanagan had questions on Exhibit A regarding the fines, forfeitures and penalties. Does that include asset forfeitures from drug operations and partnerships with other state and federal agencies? Mr. Montague responded that those forfeitures are handled through a special revenue fund separate from the town's general fund. Council Member Clanagan asked about the revenues generated from the partnerships and other federal law enforcement programs -where is that accounted for? Mr. Montague responded that those are accounted for in separate funds within Exhibit A, on page 3 of 5, Regular Council Meeting -June 16, 2009 -Page 24 of 92 Fund 222 is one example (RICO) of a separate special revenue fund accounted for forfeitures. Council Member Clanagan asked how those funds are going to be used. Mr. Montague responded that those funds are only utilized for one common use - planned equipment and training and related expenditures. He then explained what those funds can be used for -they are not seizure and forfeiture funds -except for participation costs in those related activities. Council Member Clanagan suggested that the $94K could be a way to subsidize major vehicle purchases and training this year to supplement the police department's budget. Mr. Montague will look into this and gave additional explanation as to how some portion of those dollars could be used. Motion to approve moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. Mayor Honea stated that the first town budget was $40K. A 5: Ordinance No. 2009.10: Relating to Mayor and Council; amending Town Code Section 2-3-1 ("Vice Mayor") to expand the time to choose a Vice Mayor; and declaring an emergency Frank Cassidy presented this item and stated that it was paced on the agenda because when the General Election occurs on May 18, 19, 20 or 21, the logical day in which you would select the Vice Mayor, which would be three weeks after that, would come 21 days after the election, and right now the code says that you're supposed to appoint the Vice Mayor within 20 days. The way the 20 days came about was when Marana was a common council without a directly elected may©r, the statute says that the Mayor for a common council has to be selected within- 20 days. When the `town code was amended to provide for the direct election of the Mayor, the 20-day period was not loosened up, so this ordinance would simply provide that the Vice Mayor needs to be selected not later than the end of Junk, which gives the Council an opportunity at a regular meeting to select the Vice Mayor and hopefully. with that amount of time, would give the opportunity for all of the Council Member to;~be present when that decision is made. Staff realized thatfodav is the first meeting of the new Council, and under the way the code is stated, you would normally hay-e this selection of the Vice Mayor next week at 21 days, aid would have to set a special meeting to meet the 20 days. Motion to approve moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action re a~ rdin~ all Wending bills before the Legislature Steve Huffman reported on the status of the state's budget. No action. EXECUTIVE SESSIONS Motion to go into Executive Session on item E2, moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried unanimously. Council left the dais at 8:34 p.m. Regular Council Meeting -June 16, 2009 -Page 25 of 92 Council returned to the dais at 8:51 p.m. E 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. E 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources. No action required. --:---- E 3: 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 (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS ADJOURNMENT -- Motion to adjourn moved by Council Member Post, seco~id by Vice Mayor Kai. Motion carried unanimously. The meeting was adjourned at 8:51 p.m. CERTIFICATION I hereby certify thaf the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 2, -2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -June 16, 2009 -Page 26 of 92 Y 1/} v~~.! 1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 16, 2009, 7:00:00 PM To: Mayor and Council From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Commerce Item A 1 Subject: Resolution No. 2009-92: Relating to Development; approving and authorizing a temporary use permit for a fenced storage yard with security trailer on a vacant lot at 4863 W. Massingale Road Discussion: Tem om~ rary_Use Permit Request Arizona Trucking & Materials LLC requests approval of a temporary use permit for a fenced storage yard with security trailer on a vacant lot at 4863 W. Massingale Road. Arizona Trucking & Materials LLC provides dump truck and hauling services to contractors in southern Arizona. Temporary_Use Permits Section 09.01.04 of the Town of Marana Land Development Code provides for the issuance of Temporary Use Permits for temporary uses or structures not otherwise permitted by code provisions. A temporary use is a use that is established for a limited duration with the intent to discontinue the use upon the expiration of the time period. A temporary structure, without foundation or footings, is to be removed when the designated time period or activity has ceased. A Temporary Use Permit may be issued for, but not limited to, temporary dwellings and structures during the construction of a permanent building, temporary outdoor activities and other special events and from a need that has arisen from circumstances constituting a substantial hardship, including natural disasters, fire, or governmental actions. Approval of a Temporary Use Permit may include such conditions and restrictions that the Town finds necessary to make the temporary use more compatible with the surrounding neighborhood including time limitations, improvement and inspection requirements. In addition, any permitted temporary use which involves a structure must not violate applicable yard setback requirements and must be capable of being removed within 15 days. The Town may grant a Temporary Use Permit for not more than nine (9) months; however, the permit may be extended for up to an additional one (1) year period upon showing of good cause. History This fifteen acre parcel was annexed into the Town on October 2, 2001. The current zoning on the property is R-36 (Residential - 36,000 square foot minimum lots). The parcel is bounded by unincorporated Pima County to the southeast, east and north and zoned SH (Suburban Homestead) consisting of manufactured homes, single family residences and vacant land and to the west and Regular Council Meeting -June 16, 2009 -Page 27 of 92 southwest by vacant land and Interstate 10 zoned LI (Light Industrial). An application to rezone the property from R-36 to LI and HI (Heavy Industrial) was submitted in February 2005. The 2007 General Plan designates this area as Industrial (I) which is consistent with the rezone request. Due to lack of infrastructure in the area and the high cost associated with extending the existing infrastructure, the rezoning has been placed on hold by the developer. Proposed Temporary Use The applicant requests to use the site to park and store between 15-50 trucks and/or trailers when they are not in use with a project. Theses trucks and trailers are used to serve commercial highway, road and railroad projects within northwest Pima County and Tucson, Marana, Oro Valley and Catalina. They currently conduct their business at 4180 E. Illinois Street. This location is near the Irvington Road and Alvernon Way intersection. The applicant is requesting this northwest location in order to provide a site to park their trucks that is relatively close to the area in which they are working. Currently Arizona Trucking and Materials is providing trucking and/or hauling services for contractors working on the I-10 widening project between Pinal Air Park Road and Picacho, the Oracle Road widening project and the Union Pacific Railroad expansion from Marana to Ruthrauff Road. They also provide delivery services for business within the northwest part of Pima County and Tucson and Marana such as Vulcan Materials, Cemex, Granite and P&P Materials. The hours of operation would be from 5 a.m. to 7:00 p.m. Monday through Saturday. Related Considerations The subject site is located on Massingale Road, immediately east of the Union Pacific Railroad mainline. If this Temporary Use Permit is approved, the applicant's equipment is likely to rely primarily on the nearby Massingale Road at-grade railroad crossing for access to and from this site. If the at-grade railroad crossing is closed while this Temporary Use Permit is in place, the applicant's equipment will be required to use a more circuitous route through rural residential areas to the east and north for access to this site. ATTACHMENTS: Name: Bescription: Type: D Res o 92 Arizona Trucking _ _ . Materials TUP.doc Resa approving Arizona Trucking TUP Resolutien ~ App~licaton_T_UP-09008.pdf TUP-09008 Application Backup Material ^ TUP-09008 AZ Trucking .. Materia_Is_Yard.pdf Csocation Map TUP-0900$ Backup Material ^ Narrative_TUP-09.008.pdf Narrative TUP-09008 Backup Material ~ _Ste_PI_an TUP-O9008_.pdf Si#e Plan TUP-09008 Backup Material Staff Recommendation: Staff recommends approval of the temporary use permit with the following conditions: 1. Compliance with all provisions of Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The temporary use time frame shall begin upon the issuance of any future building permit for the site. 3. The temporary use on this property is the storage of trucks and trailers only. No storage of materials outside of the trucks or trailer beds will be allowed. 4. The temporary use shall comply with the currently adopted Outdoor Lighting Code. 5. All parking area and driveways must be covered by asphalt or gravel. 6. The entrance of the site must have a concrete or asphalt strip a minimum of 20 feet wide and five feet deep to protect dirt and rocks from being displaced from the site onto the public right-of--way. 7. A formal written request for an extension shall be submitted at least one month prior to the expiration. of this temporary use permit if the property owner wishes to continue this use beyond Regular Council Meeting -June 16, 2009 -Page 28 of 92 the nine-month use period. After determining that the activities on the site are not detrimental to the public health, safety, or welfare, the Planning Director may extend the use for one additional year without formal action by the Town Council. Suggested Motion: I move to approve Resolution No. 2009-92, approving a temporary use permit for Arizona Trucking & Materials LLC, subject to the conditions recommended by staff. Regular Council Meeting -June 16, 2009 -Page 29 of 92 MARANA RESOLUTION NO.2009-92 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A TEMPORARY USE PERMIT FOR A FENCED STORAGE YARD WITH SECURITY TRAILER ON A VACANT LOT AT 4863 W. MASSINGALE ROAD WHEREAS Arizona Trucking & Materials LLC has applied to the Town of Marana for approval to operate a temporary fenced storage yard with security trailer on a vacant lot at 4863 W. Massingale Road; and WHEREAS Section 09.01.04 of the Town of Marana Land Development Code provides for the issuance of temporary use permits for temporary uses or structures not otherwise permitted by code; and WHEREAS the Town of Marana may grant a temporary use permit for not more than nine (9) months, however, the permit my be extended or up to an additional one (1) year period upon showing of good cause; and WHEREAS the Marana Town Council at their regular meeting held June 16, 2009, and has determined that the temporary use permit should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the request filed by Arizona Trucking & Materials LLC for a temporary use permit to allow for a fenced storage yard with security trailer on a vacant lot at 4863 W. Massingale Road is hereby approved subject to the following conditions: 1. Compliance with all provisions of Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The temporary use time frame shall begin upon the issuance of any future building permit for the site. 3. The temporary use on this property is the storage of trucks and trailers only. No storage of materials outside of the trucks or trailer beds will be allowed. 4. The temporary use shall comply with the currently adopted Outdoor Lighting Code. 5. All parking area and driveways must be covered by asphalt or gravel. 6. The entrance of the site must have a concrete or asphalt strip a minimum of 20 feet wide and five feet deep to protect dirt and rocks from being displaced from the site onto the public right-of--way. Regular Council Meeting -June 16, 2009 -Page 30 of 92 Marana Resolution No. 2009-92 - 1 - 7. A formal written request for an extension shall be submitted at least one month prior to the expiration of this temporary use permit if the property owner wishes to continue this use beyond the nine-month use period. After determining that the activities on the site are not detrimental to the public health, safety, or welfare, the Planning Director may extend the use for one additional year without formal action by the Town Council. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this l6tn day of June, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -June 16, 2009 -Page 31 of 92 Marana Resolution No. 2009-92 - 2 - TOWN OF MARANA PERMIT NUMBERS: BUILDING SERVICES DEPARTMENT Planning: TUP- ~ ~ ~ 11555 W Civic Center Drive Bldg A2 CRW: ~ ~ ~~~ I~''G'~ MARANA, ARIZONA 85653-7003 TEMPORARY USE PERMIT Building: B APPLICATION JOB DRESS ~r~ L.r~-.~""j '"' VALUATION USE OF PERMIT ASSESSOR'S PARCEL NO. rr" r SUB-DIVISION LOT NO. ~,,,. ~ G.` 1n,J t~y,,~ /~ ZONE O\uIQER ~ PROPERTY: EXIS"PING USE OF PROPERTY OWNER'S ADDRESS: ~ ~ DATES OF EVENT ~ ~~ CITYl7IP: ~~~~ PHO.; ~ ~~ ~~ SETUP DATES APPLICANT 0 TENANT: ~ TEAR. DOWN DATES {,,,) ADDRESS: ~ ~ PERMIT EXPIRATION DATE CITYrzTP: c.~ ~.. ~.r--~ ~ SITE PLAN PTtONENO.: ~ r ~ FAXNO.: ~ ..- ~ BUILDING PLAN(S) eoNTAC`r P s ~ J ~ ~~ EMAIL ~ SPECIFICATIONS CON'T'RACTOR: ~. LL ~ 0 sTIruCTURAL cALCs ~ ~~ ADDRESS: .l L,.1 t.-..~ {:~ t ~ DETAIL SI-IEET(S) CITY1zIP: ~ IMPROVEMENT(S) PHONE NO.: FAX NO.: ~~ ~ ~ STATE APPROVAL Co~T~ sE ~`.> Z., pRtvtt.i:c~ Tnx LtcsNSE No. ~ NW FIRE APPROVAL Application is hereby made to the Building Official for permit subject to the conditions and ~ BEALTH DEPT. restrictions set forth an hislktar application. I hereby certify that I have read and examined this permit application and Iatow the same to be true DATE RECE[VED: and correct. All provisions of laws and ordinances governing this type of work will be eomphad with whether specified herein ornot. The granting of a permit doss not presume to give authority to violate or cancel the,Ynrnvisians oyat County, or 1'ov~m laws regulating constru~it >l e perfo ,,- ' ° ,~- y- ' am.-Y~' ° j Signature and Printed Nama of Authorized Applicant Date Kevised 31421Q5 X:1Forms\Procedures & GuidestTUP Project FolderlTUP Permit rlpp pgLxis Regular Council Meeting -June 16, 2009 -Page 32 of 92 ,) =~ -; ' Arizona Trucking & ~` I - Materials Fenced Storage ~ i - ~ Yard CASE TUP-09008 q ~ \~ ~ ~._ ( ~~ J W ___ _ J ti`~ ~ ~. ~~ ~ 7 I O -_ _ n ~ ~ `~ ~i, ' ,, ubject Property i, ~' O a I t7 Y ', v ~ ~ Z ~ }- 00 Q Z ' ~ V i I I ~~ W MASSWGALE RD-------- T----- MASSINGAL~ W _ _-___- -_-_- __ . ~~ ~ - - ~ ~ ~ W ANNABELLE~ST '- ~ ~ ,` i ~ ~~ ~ t'p ~ W MARGE ST `. t~` '~ ~O I ' ~ ~~~2 ~ Z ~F W JUPITER.ST T ~G'~, O I LYNN G ~ ~W 0 ~ . r ---W MARS ST------ r:, - - - ~. ,`~/ I Z ~ n ~ ~~, Q~~ - ------~_-- ~A W ~~ i ~ U ~ ~ ~ ~ ~ D' ~ O ~, y ~ ~ - \ ~ c- ~~ ~- - , -= --- W INA RD Z ~- ~ ~O ~o~ ~y~ \ \ J~~ q . , Request 0 550 1100 ft. Arizona Trucking & Materials requests approval of a temporary use permit for a fenced storage yard with security trailer on a vacant lot at 4863 W. Massingale Road. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these d K2ou~a~~0un~~ IVlee{finny 19une 1~e~B~~ire~t~sp~e~~l~r~c~~ental or consequential damages, including but not limited to time, money or goodwill, arising from the AriZOna Trucking ~ Materials 41$0 E. Illinois St, Tucson, AZ 85714 (520)299-1007 Say 1 ~-, 2009 Andrea Calabro Town of ~Iarana Planning Department 11555 tiV. Civic Center Dr., Building AZ Rrlarana, Arizona $5653 Dear Ms. Calabro, The temporary use permit that I have requested is for my company=, Arizona Trucking & 1t~Iaterials LLC. I currently conduct operations at 41$0 E. Illinois Street in Tucson, Arizona. ~Ve have approximately 55 trucks and 30 trailers of various types. The main focus of our business is to provide dump truck service to large contractors in southern Arizona. The ~Iassingale location tivould be used to park between 15-50 trucks jtrailers, The site would provide a great location for my company to settiTe commercial highway, road, and railroad projects currently underway and any anticipated job involvement in iti~arana, final, Northwest Tucson/Pima CountST, ©ro ValleyT, and Catalina.. Currently we have been providing trucks for Ashton Contracting for the I-10 widening between Pinal Air Park Road and Picacho. We are also working with I-Iunter Contracting Hauling materials from Vulcan. Materials on Avra Valle~r Road to the C.Uracle Road widening project. ~~v'e are providing hauling seatirices for Fisher Industries who is subcontracted by Aims to bring in sub-ballast for the expansion of the Union Pacific Railroad through i4larana to Ruthrauff Road. ~XIe provide deliver= services for Vulcan Avra Valley, Granite Tangerine, Cemex Tangerine, ILalamazoo on Avra Valley as well as I~alarnazoo at Silverbell Mine and P & P i4iaterials on final Air Park Road. Regular Council Meeting -June 16, 2009 -Page 34 of 92 The location is one that I would eventually like to develop in line with Marana's general plan designation. The }Manning center and Greg Carlson Engineering have completed a substantial amount of work necessar~r for the propert~r to be rezoned to industrial. It is not feasible to develop at this tune due to the economic condition combined with the high costs for water, sewer and archeology. To bring water to the site would be a~pro~iinately 5500,000 due to the lack of infrastructure at the Pima Farms water station. Pima Countsr is reluctazat to allow for a sewer lift station at Camino de C~este and Massingale. The estimated cost, if allowed, is approxirxtately 5200,000. Archeolo~rical reinediation is estimated at 5325,000. Thank you for your consideration. Please feel free to contact me with any questions or comments. _. ,~ ____._ ~.J ~ ....- 1 . .~L/ Dana Dellheim i~Zanaging iVlember t~rixona Trucking & 1Vlaterials, LLC {520) 940-2595 Regular Council Meeting -June 16, 2009 -Page 35 of 92 ~__ ,., -; ` - ..: ° _ i % } ' 1, _ > . . : - _._ I ., ~; ,; __ .... .... .. ..~ ~. . _ a . ,, ~ . _...._. : ,.. ~ Y 4: - ~ .ri .. .. ~ 4 µ _ I ~ I -. . ..f S` tea. ~ ~~~ t '.~ I v :. J z = 1 ~ ~: ~ ~ a ~ j~ : - _ . ; ~ - g ~ ,> 7 ..~ ayf . - . ._ ~ '. + % J' a: ~ ~ i ~ ' W O - ~ t ~ f 'p I ~} Z ~' ~ ~ I - ~ ~ ~ . ., ~ I ' / / / .-+ ~ / ' 4 ' " .. ' r ~, ~ . { ~ _ - .. .,.a - . ~~±?~ - ;. ~, J~..' , - - ~ ~ .} ., y s Z ~ . ',. G i ~ - - i i .I I c ?n' , m u i z ~ ~~~1 i j ~~ ` J ' m ~ ___.._ _ _. 3 ~ _.__ .. I - g e: ~~ ~ "~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 16, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Progress and Innovation Item A 2 Subject: Resolution No. 2.009-93: Relating to Mayor and Council; cancelling the July 7, 2009 regular Council meeting Discussion: In response to a directive to staff to look into the possibility of calling a summer break, staff researched the possibility of cancelling the July 7, 2009 meeting to accommodate vacation schedules of the Council. This item would carry out that directive by cancelling the July 7 meeting. ATTACHMENTS: Name: Deseriptian: T`~pe: ^ RES eliminating_councl meetin~DOC Reso cancelling July ? 2009 Council Meeting Reso€ution Staff Recommendation: Staff recommends cancelling the July 7, 2009 meeting. Suggested Motion: I move to approve Resolution 2009-93, cancelling the July 7, 2009 regular Council meeting. Regular Council Meeting -June 16, 2009 -Page 38 of 92 MARANA RESOLUTION N0.2009-93 RELATING TO MAYOR AND COUNCIL; AUTHORIZING THE CANCELLING OF THE JULY 7, 2009 COUNCIL MEETING BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town Code Title 2 (Mayor and Council), chapter 2-4-1(A) relating to Council Procedure, permits, with adequate notice to the public, changing the date of a regular meeting. SECTION 2. The Town Code Title 2 (Mayor and Council), chapter 2-3-4 D relating to Powers and Duties of the Mayor, permits the Mayor to make recommendations and suggestions to the Council that he deems proper. SECTION 3. The Mayor deems that a summer break from the regular meeting schedule is appropriate to accommodate vacation schedules as well as provide additional cost savings associated with meeting preparation. SECTION 4. It is in the best interests of the citizens of Marana to cancel the first regular meeting in July on July 7, 2009. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of June, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -June 16, 2009 -Page 39 of 92 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 16, 2009, 7:00:00 PM To: Mayor and Council Item A 3 From: Gilbert Davidson ,Town Manager Strategic Plan Focus Area: Progress and Innovation Strategic Plan Focus Area -Additional Information: The Strategic Plan adopted in February 2009 identifies enhancing transparency of governmental operations as a key initiative under the "Progress and Innovation" focus area. Subject: Resolution No. 2009-94: Relating to Mayor and Council; adopting Council Computer Equipment and Software Policies regarding the issuance and usage of town computer equipment, software, peripherals and internet access; and declaring an emergency Discussion: The policy attached for council's consideration this evening outlines the standard computer hardware and software equipment that may be issued to a council member, the process for requesting equipment, the process for using electronic communications while traveling out of town and the process for exceptions to this policy. This policy is modeled after the computer equipment and software provided to senior staff and department directors who are required to access electronic communications and town documents after normal business hours. The policy does the following: 1. Identifies the hardware and software that will be issued. 2. Outlines requirements for off-site (not at the MMC) internet access. 3. Identified the process for requesting and receiving Technology Services staff assistance and trouble- shooting. 4. Outlines user obligations and briefly discusses requirements regarding electronic communications under Arizona's public records law. 5. Identifies options and policies for accessing e-mail and the town network when a council member is traveling out-of--town. 6. Identifies a request and approval process for computer equipment and software and how exceptions to this policy may be made. 7. Provides for town-issued equipment and software to be returned to the town within seven business days following the swearing in of a new council, if a council member's term concludes. If this policy is approved, council members will be required to work with the council liaison to complete a Computer Equipment/Software Authorization Form to identify existing computer equipment that has been assigned to them within seven (7) business days. Any equipment currently issued in addition to the standard equipment outlined in this policy may be returned to the town, or the council member may request an exception to this policy via the authorization form. If the exception is not granted through the regular approval process outlined in the policy, the full council is slated to consider the initial issuance Regular Council Meeting -June 16, 2009 -Page 40 of 92 of additional equipment as soon as possible, but no later than August 18, 2009. Financial Impact: Funds are already budgeted to issue and maintain the standard equipment and software, of which much, if not all equipment/software, is already provided to all council members. The policy provides for stricter control of cellular "air-cards" to attempt to reduce costly air-time charges and provides a no-cost alternative for remote e-mail access to the town's a-mail system in lieu of air-card usage. ATTACHMENTS: Natue: Description: Type: ~ Reso 94 Computer Equipment.DQC Resolution Resoiution ~ EX A - 2nd version of Council computer eq~ment policy -Exhibit to Resolution Exhibit poI icy_(00015194-2~. _DOC Staff Recommendation: Staff recommends approval of the resolution. Suggested Motion: I move to approve Resolution 2009-94, adopting Town-Issued Computer Equipment/Software and Electronic Communication Usage Policies for Council Members and declaring an emergency. Alternate Motion A: I move to approve Resolution 2009-94 with the following modifications to the council computer equipment/software and electronic communication usage policies: (list modifications) Alternative Motion B: I move to direct staff to bring back these computer equipment/software and electronic communication usage policies incorporating the suggestions from Mayor and Council at the next regular council meeting. Regular Council Meeting -June 16, 2009 -Page 41 of 92 MARANA RESOLUTION N0.2009-94 RELATING TO MAYOR AND COUNCIL; ADOPTING COUNCIL COMPUTER EQUIPMENT AND SOFTWARE POLICIES REGARDING THE ISSUANCE AND USAGE OF TOWN COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND INTERNET ACCESS; AND DECLARING AND EMERGENCY WHEREAS, the Town of Marana adopted its Strategic Plan in February 2009 to identify the key focus areas and initiatives that are priorities for the Town of Marana; and WHEREAS, one of the key initiatives in the Progress and Innovation focus area of the Strategic Plan was enhancing the transparency of governmental operations; and WHEREAS, the Town Council has expressed its desire to employ aspects of the Strategic Plan in daily operations; and WHEREAS, the Town Council desires to adopt internal policies which will better enable them to manage town-issued computer equipment and software to council members; and WHEREAS, the management of electronic communications and documents has become a routine practice in the conduct of town business; and WHEREAS, the Town council finds that adoption of these policies are in the best interests of the town and its residents. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Council Town-Issued Computer Equipment/Software and Electronic Communication Usage Policies for Council Members, attached to and incorporated by this reference in this resolution as Exhibit A, are hereby approved on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned Council Computer Equipment/Software and Electronic Communication. Usage Policies SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. Maz~azia Resolution 2009-94 Regular Council Meeting -June 16, 2009 -Page 42 of 92 _ ~ _ PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of June, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mayor Ed Honea Regul~rfbq~Wl~o~~e 16, 2009 -Page 43 of 92 -2- EXHIBIT A REFERENCE: Town-Issued Computer Equipment/Software and Electronic Communication Usage Policies for Council Members Scope: The purpose of this policy is to establish the standard town-issued computer equipment/software that may be provided to council members, the guidelines for use of that equipment including the use of town staff time designated for set-up and trouble-shooting, and the procedures for requesting equipment and for making exceptions to this policy. Policy: The Town of Marana utilizes electronic communications in the conduct of daily business and to that end, provides the basic resources necessary for council members to effectively conduct town business via electronic means. Hardware Issued One set of the following computer hardware devices shall be standard issue to each council member upon request: 1. Standard town-issued laptop with wireless capability, portable mouse and power cord 2. Standard town-issued docking station, monitor, keyboard and mouse for use in Marana Municipal Complex 3. Black and white printer for use in Marana Municipal Complex council office or shared printer for use in Marana Municipal Complex Software Issued The following computer software shall be standard issue to each council member on their official town-issued laptop computer only: 1. Microsoft Office 2003, or most recent version that is the town standard for all users 2. Sophos Anti-Virus 3. Virtual Private Network (VPN) Requests for obtaining new hardware and software or replacing equipment shall follow the approval process noted below. Internet Access and Staff Assistance Council members are responsible for obtaining and paying for Internet access from their homes, including the acquisition of all equipment necessary to provide the capacity for wireless connectivity to a town-issued laptop. Alternatively, Internet access equipment may be non-wireless with switching devices to accommodate connection to atown-issued laptop. Technology Services staff may advise council members on the best type of Internet access and may assist with set-up of an Internet connection at the council member's home or business for use with atown-issued laptop computer. For other routine problems and questions related to town-issued hardware or software, Technology Services staff can assist council members by telephone or in person at the Technology Services Department during regular business hours. If a council member requires staff to trouble-shoot Internet connectivity related to a council member's Internet provider and atown-issued laptop at their home or place of business, the Regul~t~~Lil I~fiA~e,!•ur~~~l~d~t~a~~~~~~~nCll liaison to arrange for an appointment. EXHI81 T A User Obligations and Public Records Council members shall not place any software that is not on the above list on atown-issued computer. No one other than Technology Services staff may load software onto atown-issued computer. Council members are responsible for installing the routine software updates issued by Microsoft to all users on their town-issued computer. All information, documents, a-mail and other correspondence created or stored on a town-issued computer, regardless of where the information is stored electronically (on the computer or on the town's network) is subject to disclosure under Arizona's public records laws (A.R.S. § 39-101 et. seq.). In addition, documents and communications related to town business that are created on a council member's private hardware or software system may be subject to disclosure. When public records requests are received by the town, the Legal Department shall determine what documents will be released. Internet, E-mail and Computer Access While Traveling If council members require a-mail access while traveling out-of-town, they may access their e-mail account by going to the internet from any computer and accessing the Town of Marana Secure Web Mail Internet Site at: www. maranaegov.com/exchange The user will be required to enter their log-in name and password when prompted. In extenuating circumstances, where a council member's access to the town network is required when the council member is out of town with no other means of access to a computer and/or internet service, authorization may be provided for internet access using the town's cell phone carrier via an "air-card." Requests for "air-cards" shall specify the amount of days needed for use of the card. "Air-cards" shall be returned to the Technology Services Department within five business days after the conclusion of the authorized period of use. Extension of time for "air- card" requests, or "air-card" use that initially exceeds 15 business days shall require the approval of the full council. The approval process below shall be followed for these requests. Request and Approval Process When a council member wishes to request computer hardware, software or an "air-card," a Computer Equipment/Software Authorization Form must be filled out and routed for an approval signature from the Mayor, Town Manager and Technology Services Director. If the Mayor is requesting the computer equipment/software, the signatures of the Town Manager and Technology Services Director shall be required for approval. If any of the aforementioned officials does not approve the request, then it shall be scheduled for a vote of the Town Council during open session. Equipment and/or Software requested in addition to the standard level outlined in this policy shall include a written justification for such equipment/software on the Computer Equipment/Software Authorization Form. A majority vote of the Council shall constitute the final determination of approval or disapproval of the computer equipment or software. Regular Council Meeting -June 16, 2009 -Page 45 of 92 EXHI81 T A Upon approval of the request, the council liaison or other designated staff shall ensure that the approved equipment is issued and installed. No computer equipment/software shall be issued prior to approval of the request. Following approval of this policy, each council member shall work with the council liaison to complete a Computer Equipment/Software Authorization Form to identify existing computer equipment that has been assigned within seven (7) business days. Any equipment currently issued in addition to the standard equipment outlined in this policy may be returned to the town, or the council member may request an exception to this policy via this authorization form. If the exception is not granted through the above approval process, the member may return the equipment or the full council shall consider the initial issuance of additional equipment as soon as possible, but no later than August 18, 2009. All town-issued equipment, hardware and software are to be returned to the town within seven (7) business days following the swearing in of a new council, when a council member is not continuing in office. All discussion and action regarding computer equipment/software requests must comply with the provisions of the Arizona's open meeting laws (A.R.S. § 38-431 et. seq.). Regular Council Meeting -June 16, 2009 -Page 46 of 92 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 16, 2009, 7:00:00 PM To: Mayor and Council Item A 4 From: Gilbert Davidson ,Town Manager Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-95: Relating to Ethics; approving the Town of Marana Code of Principle and Ethics-Centered Governance; and declaring an emergency Discussion: The Town of Marana's Strategic Plan, adopted by the Town Council in February 2009, includes the following initiative in the Focus Area of Progress and Innovation: "Ongoing identification, evaluation and recommendation of tools, processes and programs that enhance citizen communication and involvement and promote the transparency of governmental operations and decision-making." The attached document has been prepared in follow up to the adopted Strategic Plan initiative and in response to a council member's request on Apri121, 2009 to place an item related to an ethics policy on a future council agenda. In accordance with the Strategic Plan's direction, staff has obtained policies from a number of counties and municipalities, both from within and outside of Arizona to survey best practices. In addition, the town's personnel policies and procedures were reviewed to identify opportunities for consistency. The council may also recall that in 2007, Town employees embarked on a three-month process to identify the organization's core values. After discussion and voting town-wide, employees elected to use the acronym of "ETHICS" to represent the core values of the employees of the Town of Marana. This stands for: E - Excellence T - Teamwork H - Honesty I - Integrity C - Community S - Service As part of the Strategic Plan initiative to enhance the town's commitment to transparency and ethics, the core values identified by employees are being integrated into all manner of town operations, evaluations and recognition programs. In addition, town staff will be working with the state university system to develop training opportunities for staff at all levels. Regular Council Meeting -June 16, 2009 -Page 47 of 92 Adoption of a Code of Principle and Ethics-Centered Governance would provide an "overarching" statement of policy and direction that can be used in concert with, or to clarify, existing laws, town policies and ordinances. This Code would apply to elected and appointed officials including appointed board, commission and committee members. The Code provides a Statement of Intent, Statement of Values and a Summary of Policies and Laws related to ethics. If adopted, staff will develop forms for council's use in implementing various aspects of the policy. To facilitate council's consideration of this item, staff has attached a copy of the League of Arizona Cities and Towns publication, "You as a Public Official.." This publication provides additional detail on the laws that govern public officials in Arizona. The Code of Principle and Ethics-Centered Governance is intended to be more of a policy document, supported by the laws that are in place. ATTACHMENTS: Name: Description: Type: ^ Reso 95 adoption of CODE. OF ETHICS (00015170a.DOC Resolution Resolution ~ EX A - Prncple Centered. Govemance,pd..f Exhibit to Reso Principle- and Ethics-Centered Governance Exhibit D League publication - You__as a P_u__b_lic Offici_al_(00_015172_)_,pdf League of Cities and Towns' Elected Officials Publication Backup Material Staff Recommendation: The council may choose to approve or disapprove the Code of Principle and Ethics-Centered Governance as it is currently written this evening, or direct staff to return with amendments for consideration at the June 23 council meeting. Staff has attached a resolution to this item to facilitate adoption of the Code of Principle and Ethics-Centered Governance this evening, if that is the council's preference. Suggested Motion: Council's pleasure. If adopted this evening: I move to approve Resolution 2009-95, approving the Town of Marano Code of Principle and Ethics-Centered Governance; and declaring an emergency. Regular Council Meeting -June 16, 2009 -Page 48 of 92 MARANA RESOLUTION N0.2009-95 RELATING TO ETHICS; APPROVING THE TOWN OF MARANA CODE OF PRINCIPLE AND ETHICS-CENTERED GOVERNANCE; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana adopted a Strategic Plan on February 3, 2009 by Resolu- tion No. 2009-16; and WHEREAS the Strategic Plan included an initiative to promote the ongoing identification, evaluation and recommendation of tools, processes and programs that enhance citizen communica- tion and involvement and promote the transparency of governmental operations and decision- making; and WHEREAS The Town of Marana upholds, promotes and demands the highest standards of ethics from all of its officials, whether elected to Town Council or appointed to an advisory board or commission; and WHEREAS the Town of Marana has developed a Code of Principle and Ethics-Centered Governance to specifically articulate the vision, values and processes for conducting the business of town government in an open, fair and transparent environment; and WHEREAS the Town Council finds that adoption of the Code of Principle and Ethics- Centered Governance as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana Code of Principle and Ethics-Centered Governance, at- tached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned Town of Marana Code of Principle and Ethics-Centered Governance. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16~' day of June, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: RegulaTiQ'~i~lAf~eei~~~YlFi6~21D I~a~'~'9 of s2 Frank Cassidy, Town Attorney ~ ~ /~ ~l Z 3 ~~~ ~Z ~o N Q~ Q Z Q Q ~~ O Z 3 0 y^~ 0 O V 1 V •~ 4~ .~ V .~ z :~ C~ V L G~ O G3 ~- ~ ~, © H ~ ~ ~e ~ r.. ~. ~~ ,,: .~ t #~~~i'...:.. m x W ~ ^~ ~ Z G O 0 O U ~~ ^~ W 4~ O C (./) 0 .~ f0 O C C C N N O a 0 f6 Q N U O LL ~ a 0 ~ °' o U 'II f0 ~ ~ N ~ C ~ .+ _ f6 + cn (9 y~ N G O C Vf ~ LJ 4 '~ ~ E J ~ C ~ O C •C ~ ~ N OU C Y ~ ~ O a-+ N .~ U ~ ~' ~ ~ ~C N O N ~ ~ O 3 C +~ ' O N ~"~ O ~ O + '~ U ~ ~ V ~ (II ~ ~ U f6 ~ ~ ~ N U O N L ~ .~ W C of U ,~ N +? L `~ C ~ in ~ of U + U ~ v `~~' ~ ~ O ~ ~ > ~ + L ~ H C ~ i ~ . N a-'+ O i 4J ~ '^ ~ ~ ~ O t0 ~ 4- i ++ N ~ ~ O f0 +-+ C ~ ~ U ~ ~ ~ ~ N f6 ~ Q' GO C .Q ~ + ~ ~L iF c ~ ++ V7 ~ N ~ ~ U (C p ~ ~ Q O p GO ~ ~ ~ . ~ . ~ v- L o L ~ ~' C ~ CQ ~ ~ ~ ~ ~ ~ ' n O a~ Q ~ o o v ~ o >; C L ~ o .N 3 r6 Q ~, O fl- O E 'O O ~ ~ ~ 41 ~ GJ ~ .~^ E-' ~ C Q~ ~ N ~ Vt p L fl' C O 4- L ~ (0 C t +' ~ (j$ ~ L ~ ~ ~ L ~ N ~ L u O N n ~ Q ~~ O ~ ( ~ L L N N N p j, ~ ~ N ~ C v _O ~ O ~ y ~ C fa ~ ~ ~ Q O ~ ~ + ~ ~ _~ ~ ~ ~ a- ~ N Q . ~ O v O v ~ O 41 ~ ~ ~~ •~ ~ C + ~+ C C G ~- O 4- C O t6 ~ ~ p N >, U S C L Q. J ~ .~ V 0 0~ m L ~ ~ 4J > s... h.0 fD O ~ fl. H L. L _ ~ U N _ = C O ~ N X ~ 0 C 0 ..C }, ~ C O C C N O ++ A V ~ ~ X ~ .O ' ~ L W p L~ W ca ~ L ++ L O a1 U . ' > ~ C 'a' _ .~ C O . N ~ ~ O - C O L ~ ~ ~ ~ ~ ~ O ~ ~ ~ O N ' (0 C aO+ ~ ~ O (6 ~ ~ ~ U N iJ O + O ~ ~ C O -O ~ ~_ C Q. U C ._ O O ~ Q QJ U CQ -O Q cII ~ ~ N p+ -Q y O ~ ~ ~ O. ~ ~ ~U p- >, ++ + O L >, O F- ~ ~ O ~ L O C C (O `~ ~ O ~ O O C GJ ~ ~ N N o v ~ o `•*' Q ~ ~ ~ ~+~ o V L ro ~ O N ~ L C O U N L ~ 7 +, N 0 ~ ~ N O ~ ~ O L ~ ~ C ~ ~ N C ~-+ C ~ r6 Q 7 O ~+ ~ ~ N Q. .C ~ O }, .~ -a c6 O ap,, L t6 Q1 C L ~' g ' of ~ 4J ~ CA a-+ (6 ~ O ~ '~ ~ U ~ c f0 ~ ~ Q) ~ ~F c r 6 ~ ~ ~V7 . L ~ ^, W t o L ~ N ~--~ ~ ~ C U C L ~ O .N ~ Q c + ~ > ~ . . N ~ C 4! ~ N ~ O C Q ~ + Q C p ~ (~ dD p +~"' N "O ~ f0 O ~ v O ~ ~ O M ~ ~ N N R .C f0 (~ C Q- ~ C C O U C ~ 1,}. QI L {J Q N 'o ~ o ~ ~ o L c 3 ~ ~ ~~ o ~ ~ ~ .~ ~ ~ ~ ~ ~ E ~ ~, ~ ~ +~ ~ ~ U ro ~ ~ ~ ~ ~ O U H ~ f0 N ~ U~ C y ~ ~ i ~ ,~ ,N . C >, ~n ~ O ~ ++ . ~ ~ ~ ~ ~ ~ .V ~J ~ ~ ~ N O > > H > L Q ~ L~ ~ Q ~ CA ~ lQ ~ (B ~ ~ .~ > N Regular Council Meeting -June 16, 2009 -Page 51 of 92 Z LPL Z O W Z Z W W Z W U 1 N U ~"' W Z Q 1 W J a_ U DC a u. O W U _+~~ L f~A a ~--~ U a--+ W C O +~ U .~ O U ^~ W ~. O • ~..1 ^~ W i U1 ~-•+ C O U L~ O U O` W U ~_ O a • +-+ ^~ W C O .; W L O v U O d C ^~ W a-+ .~ O d 0 c O ~--~ ns v L ~..~ • a /_ ~..I U Q~ Q N i o_ a~ I- an C O ^Jl W a--~ a (..} L w • ~ ~ ~- ~ G ~ U f6 ~ L C U ~ ~ ~ Q O C ~ Q ~ ~ O ++ ~ 41 ~ i "O Q ~ ~ 7 ~ 41 N ~ 3 ~ C6 Y N ~ ~ ~ Q ~ ~+ •~ •v 0 C of v N L t6 ~ L N O C ~ ~ LO 3 Q N Q1 •v `O ~n O ~ 4J of ~ O ~ ~ (0 ~ ~ co O > C r C • O ~ fII L O ~ i • ~ O U ~ 4J f6 -II • L ~ cB n + + ~ ~ • ~ ~ O ~ ~ 3 ~ n ~ ~ N °; , ~ c L U O co v LLJ c N ~ O v V a Q s f0 c~ N ( O O A ~ ~. O ~ N i N C ~` \j ~ ~ •~ N ~ ~ Q~ ++ U ++ U ~ O ~"i Q~ ~ Q~ CC L ! -O O 41 (6 ~ ~ O - - (6 N ~ ~ V) i ~ F- "a U ~ _ cn ca ~ 3 O C ~ U ._ O ~ ~ L_ • V1 }.i ~ ~ ~ N N ~ ~ O aL-+ 4J f6 U O ~ -O U C ,N O ~ Q ,~ ~ +-+ `~ C ro ++ O `n CA +, f 6 N i c ~ ~ o ~ O , ~ ~ o 0 ~' ~ L ~ ~, a••' • ,.. ~ 4J L ~ •- U L ~ N ~ C O O L rp O N N O L L ~ C > • ~ . ~.,J ~ L Y ~ . ~ ~ ~ ~ O ~ •~ U O Q •~ ;J ~ ~ ` Q ~ .a C ~ > ~ ++ O ~ C L (6 U ti,oU ~ ~ ~ ~ ~ > • +~ •c ~ ~, vi O L a-+ Q N ~ O' ~ L ~ ~ ~ ~ O N C U CC '~ {A ~ ~ ~ ~ ~ U N _N • C v ~ L ~ QJ ~ ~ ~ ~ O ~ ~ ~ t a O 'a , C ~ O '~ ~ c 6 ~ v U i ~ - N U O N +~ (II L C 4J L L ~ O C O L O N .~ !/ ~ N N aJ ~ O G O O U O Q ~ O ~ ~ ~ ~/-~ + + ~ U U ~ ~ L- ~ ~ •N U N ~ U !` ++ GA ~ L ~ O v N 4J -C ~ ~ U C a"' U C i ~ ~ ~ ~ ~ ~ ~ O ~ ~ C O L •~ . > cn ~ ~ ~ + ~ u ~ ~ U ~ ~n ~ N ~ O in ~ O Q in • > C ~ ~• ~ L ~ ~ ~ ~ ~ to ~ ~ ~ C C6 ~ ~ = O ~ o + _ ~ f ° ~ ~ a~ v- o U ~ ca ~ L C Z3 ~ N ~ f6 U _ ~ O ~ H ,O O ~ O i v1 ~ ~ ~ U ~ O •c N QJ L ~ U 5... L O ~ tin 3 a c o ~„ v ~ ~ I E c ~ ~ ~ ~ ~ • . ~ oA O t j Q •~ p ~- U A L L a1 ~ 0 ~ ~ OC O O !- U a-' C O ~ O •F•' ~ ~ U N I U~ I O L *' >' ~ O .O Q +~ ~ > ~ O O w •U ~ hA ~ 4J ~ L I L vt `~ ~^ O L '~ 4J O 41 O C C O L O ~ O a U ~ ~ ~ N Q y v O +, _ ~ ~ 2 ~ a ~ ~i ~ ~ ~ v c ~ Q. ~ ~ ~ •O o •c Q • • • n U `~ ~ - ~ _~., C C W O to Q O O L F- v fp O N t +~+ ++ O O COC 4- C ~ ~ ~ •~ c~ a N L C N {~ L N O O L ~ ~ ~ C (0 •~ C ~ O L +-' 3 ~ c +' o `^ c -p O N L f6 ~., ~ •3 N }, ~ O v C N H ~ L O C 3 N O N O ~,, ~ U N v c ca 0 3 .N •~ o ~ N L }J O ~ L O O ~ ~ o L U L L C ~ ~ O_ o~ O N .~ w, O '~ a" f- M m Z W Regular Council Meeting -June 16, 2009 -Page 52 of 92 Z ~. G W U a W O W W Z W U U H W Z Q W a U a LL O U o N ~ O ~ ~ ~ L ~ ~ O ~ O ~ ~ L ~ O O ~ Q ~ N ~ O ' n' OD t C ++ O ++ ~ N L C ~ O O C O (p ~ ~ ~ p U O >, O ~ N O O L +U+ N ~ > 4J ++ ~ O U O '~ ~ Q a, > `~ ~ ~ 3 c ~ a ~ O ~ ca c ~„ O ,n ~ c 3 O ~ Y N +' C N O ~ • C in C N • O- L Q ~ O C C O 4J p ~ +~ C O H O O U N vi ~ Q +' C ~ O 7 C . > G ~ N ~ ~ ~ N N O ~ O ~ ~ c a O °3 ~ c c N ~ > ~ ~ Q N ~ ca U ~ U N ~ ~ 3 Q- ,~ G0 O 4J a-+ ~ O C ~ ~ y ~ v; +~ ~ +~ `° no c c ~ o E ~„ o U ~ ~ U ~ to N a~ ~ c ~ ~ ~ ~ 3 U ~ ~ ~ O U O ~ ~ N O ~ R L • C t C E >, O L N Vf U ~ ~ Q. L +~ ~ ~ ~ N N ~ ~ p +~+ C •- O C O U ~ U >~ O O N ~ .~ a~ ~ ~ .+~ ~ v +~ p ~ U U ~ C ~ 3 ~ v L o a"' I O cB .~ 3 O_ 4J U > U ~ C O +.+ a .F.~ ~ v C +~ i L N (p f6 U_ •~ ~ _ ~ 4 1 C ~ U U ~ ~ ~ . E L 3 a ~ °- o L Q ~ Q N ~ • > V ,N • ~ ~ ~ CA Q1 O L o ++ m c a~ O ~ C •~ u ca ~ UJ .~ C C U p_ ~ C ~ > ~ N O 4J p~ C +~ O tB ~ ~ "a L ~ O O ~ O ~ N ~ ~ ~ >. i ~-•~ ~ O ~ '} O ~ OU ~ O ~ (O U~ O~ i -y ~~ u •~ C N v ~ C V1 O ~~ N ~ M C O f6 ~ ~ C L ~ ~ •L .Q (Q O c" N ~ +~ ~ ~ ~ o 0 o~~E~~ ~aocc~o +' ~ +' ,~ ~ ~ Q. O ~ L ~ Q ~ ..C L U 7 O C ~ 4J ~ O (0 Q. (0 '~-' to C ''+" O O Q~ Q Q dJ . V y O O .II ~ O O E ~' O O ~ +' ~ L C ~ '- ~ Q +~ ~ ~ ~ ~ v C]0 ~ ~ ~ C O c ~ v ~ ~. o -c •~ W 3 ° ~ eo v~ o +~ o v v ~ ~ ~ +' c v a, .n N ~ ~ ~ ,~ C ~ ~ ~ ~ •a ° ~ ~ ~ O Q- > •~ N ~ •'V +' ~ +~+ N ~ ~ L L L ~ ~ ~ G L C6 i-+ QI f6 L ~ ~ U ~ ~ ~ N C L > ~ ~+ C fII ~ ~ f6 f6 aN+ u Q~~~ O C N >~ C~ ~ X U O~~ p L ~ O C +~~ w cn ~ N a--' a~ a~+ 3~ .~ ~~~ 3 C p~ N C L O ~ ~ ~ O ~ O ~ .~ C O {O, ~"' ,~,, N O L [6 ~ ~ N ~ U .C_ L ~ ~ f0 ~ 'L I- .L C O 4J C ~ a,., O ~ Q. C N OU ~~ 4J C i C O OA ~ O ~ ..Q L, ~ .~.., ~ t (6 N ~ ~ O pA ~ L C6 ~~ L O O ++ '~ N L •~ ~ N ~ ~ ~ ~ ~ v ~ o L v 0 ca N c O C s +_ U ~ C V- O ~ C ~' O O~ to O~ ~6 0 O~ Q 7 +~ +' ~ Q- ~-a ~~ c ~ ~~ -t3 i ~ ~ ~ ~ ~ ~ U ~ N '~ ~- ~ ~ >O [0 N C 4J ~ ~ OU (Q X Q~ ~ L O Q O ~ L ~ ~ w OA L Q~ O U~ +J ~ a 0 0 N w 0 f- ~Tm y W Regular Council Meeting -June 16, 2009 -Page 53 of 92 Z 6L 3 W U a Z W O W W Z W U of W Z Q 1 W J a U OG a LPL W O U U ~ vi +~ ~ ~ ~ [E +' O 'II ~ N ~ ~ N ' ~ +~ U ~ N N Q ~ ~ ~ ~ [E N ~ ~ O ++ O ~ ~ Q c ~ ~ O i L Q L cc C ~ ~ c~c ~ i-~ G C O ~ ~ ~ fII a-+ U N C L N ' O O ~ C fUII .p C O ~ U ~ ~ ~ ~ i~-+ ~ {A ~ ~ v - C .Q - uo _ ° ~ ~3 w C N r6 O C U ~,, .N ~ C~ ~ U C *~' o c' 3 Q c 0 a--~ ~ U ~ ~ ~ ~V N ~ d 4- ~ I o L O C C ~ ,~ L O ~ N ~ O O p ~ N ~ c~c ~ ~ C +, L. C6 L ~ ~ 0 C ~ ~ +' ~ o ~ C. ~ ,N ~ .~ a~i ~ v N C O .~ .Q O c fO N U v t U ~ U N L L L N p y ~ U ~~ •~ O ~ C ~ N C ca ~ 3 3 ~ ~ ~+ ~ 4- L '~ C O t6 ,~, U O 4J ~ (0 ~ [0 O N N O v C p to Q Q N ~~~ > i N (6 O~ d O ~ O C~ O~ p~ O f0 U O N Q. `~ L U O v O- cn U C ~ -~ a`+ L ~ LO ~ ~ p ~ ~ ~n ~ C +p+ .C O 3 a~-+ ~ ,~ "a 'N CN O p ~ vii .~ C ~ ~ ~ ~ ~ ~ 'c C ~ ~ ,Q ~ O to C -_ •a~ Q ~ (6 O> ~ ~ C ~ Y ~ U ~ .L i ~ ,V OA ~~ +J ro O C Q N O ,~ C 0 3 c m +~ ~~ t~ c Y ~ _U C ~ U O ~ ~ ap,, to !} (II C ~ ,+,.; -C ~ (II '•~ 41 Q (6 a..i ~ L C _C O ~ ~ ~ O ~ 4- ~ _ ~ ~ in O p ++ .~ O C R L O +, v ,Q .L ,N 41 v, _m C Q Q~ ~ (6 N L C tail OJ p ~ O L co v .,~ ~, O ._ p L 0 L~ N ~ cn ~ ~ a-+ 'p ~ ++ 4J ~ 'U cB ~ (II C ~ (E C ~..~ ++ N iL-+ O ~ OU C N +'' C p- aJ ~ '~ p ~ L N _ Q1 C ++ C O +~ ~ ~ ~ O '~ ~ ~ ,a ' 'L O C ~ t U y U Q Q C (n L ~ (n C 3 C Q~ ~ Q .~ ~ ~- L ~ ' ~ v ~ v aY ~ ~ ~ v ~ o a~ ~~~ > v O N ~~ Q~ O~ ~ ~vI C ~ t]A ~ •~ ~ L 3 O 3~ L C O ~ ~ ~ Q" U l]A 'L V1 4- C O ~ ' o +~ ~ ~ ~~ v Q a v v~ E~ ~~~~ I ~~~~ (6 v I C ~ O C +~ a_+ L ~ vi C C ~ ~ N N +~.+ Q' ~ +' .~ C ~ ~ p ~ ~VI ~+ p ,~ ~ •L ~ O~ 3 +~ N cn co v 3 C .> ++ O >~ > N > L L~ L~ O ~ c~ o v~ o 0 .~ ~ ~ ~ U N ~ ~ ~ N ~ L ~ N ~ n~ ~~ o v v v v~ o °, ~ >~ v u o ~ ''' ~ :n ~ ~ a~i o s o o ~ Q N~.~ Q o.~ o ~~ ~~ u~ a _~ ~U O U m a O N of `N O '~ H ~n W Regular Council Meeting -June 16, 2009 -Page 54 of 92 Z I:L Z W Z Z OC W 0 W W Z W U N 2 W Z Q W J a_ UNN I.f~ a W 0 W Q U o\ ~ c .~ o ~ c ~ o ° v +~ ~ 'v c o ° ° a~ N 3 0 ~ a~ +~ o > ~ s a~ a~ L 3 -° -° o ° ~ O *~ ° -° ~ of c ~ N n°io a, c`o ~ o ~ m t ~ a°i ~ ~ ~° ~ ~ ~ ~ o p c ~. N ~ •L +' fB v to Q i~ L ,~ ~ O a c-I O~ O a~ a~-+ a~0+ ~ O L ~ ~ ~ ~ ~ v ~ l6 L C O ('n a~-+ .~ +' > C N y_ L 3 ° ~ `~ ~ U 4--~ N Q N ~ OU i u v C ~p ~O Q> Q O C ++ O +~.+ cn ~ E OU .~ ~ t ~ ~ L ~ U ~ ~ ~ Q ^. U ~ N }i Q~ N L yj ~ ~ C G V1 V) tF L ° Q ° > ~ N ~ ~~ ~ O O L Q. ~ ~ N ~ N p C ~~ O O~~ O '~ N F L ~ ~ ~ (a ~ ~ ~ 41 v - N ~ ~ ~ ~ L Q O I- ~ v ~ L N N O ~ ° ~ Q ~ ~ ~ co O 4J ~ ~ O ~ O ~ O N .a C ~ O v v o ~ v o o a°1i .~ °' 3 ~ o ° ai ~ 3 ~ `° ~ ~ ~ °c n ~ v ~ ~ U ~ ~ w~~~~~ w O~ v •~ ~ c~i Y ~ a O L~ `^ a~ c Q E ~ (E ~ (D ~ ~ U O C 'a i ca O ;~ U ~ N O +.+ C -O ~ O ~,, ~ l.t.l O +J ;} Q N ~ Q ++ 'a N O~ Q O N v ++ fa L O O_ C M L j ~ O QJ 00 p ~ cA N ~ C N O O_ N U ~ ~~ ~ V Q U A O O _ > ~ .Q O O C L ~ OG .O r6 1]A ~ -p O r0y`+--„ C ~+- O C ,C ~ ++ ~ ~v •c~ [6 (B ~ ~ ~ v +' C to v '^ ~ ? (0 ~ ~^ O H ++ ~O cB •- C ca i ~ v~ N v ~~~ a~ ~~ O in .co I ~~ w a U ,} ~c ~ O O ~ ~ ~ ' C v ~ O O -O Z ~ ~ ~ ~ ~ c ai O O ~ _ _ +, ~ ~ ~ ~ ~ ~ O •U .N v O L ~ ~ L a ~ ~ ~ O cc~ ~ O a ~ ~ U ++ O Y U f0 _ ++ W O ~ ~ 4J G ~ ~ ~ O ~ U C QJ 4'- f6 ~ ~ fE .`~"... f0 ° ~ to ~ U ~ U ~ ~ O N ~ `n Q~ ~ Y O Q~ ~ ° L L ~ U ~ ~ .~..~ CO C .U ~ ++ ~ ~ ~ •O co rB ~- ~ a, ca ~ O ° O o _ a ~ can ~ ~ ~ ~ a •- .~ ~ a~ co ~ ° o a ~ ~ ,} v t ° '> a o ~ O +~ O~~ O~ '~ •U ~~ v O C O N E O tB ~ C aJ O 41 U C H ~ N C C cOi1 cE -O ~ N ~ > to O (6 O i ~ (O N ~ •U ~ +~+ vi ~ O ~ ~ O O~ +L.+ O ~ Q~ N aJ U O O N O~~ 4J 4J -~ (6 ~. C i a 3 L cQ a .` v +, a o~ +, c L ca ~ ~ E c~ a~ ° •~=' v o ~ ~:, o a Q • . . . • v v o 0 Regular Council Meeting -June 16, 2009 -Page 55 of 92 Z Ii L O 0 u. O D O U v, U - ,~ 3 O iO+ ~ O ~ ° 3 0 U +, vi n3 C +' O ~ O ~ 4J ~ 7 ~ 4- ~ ~ ~ O ° L [6 N ~ DO ~ ~c~ of ++ p ~ , a-+ aJ ~ ~ Q f6 m O y. aJ O ° ~ N OA L GA ~ O ~ ~ ~ iJ ~ O ° Vf C7 O 0 ~ ~ ~J O ~'' v ~ ~ '~ L [6 E - ° to .~ ~ ~ ~ C ra v ~ 'O o t S O L N t E ~^ +' C ++ O ~ '- ~ r6 cn +.' .~'.' Q ++ ~ U C O O vUi GO > N U ~ p Ct O ~ vi +' 4J "a ~ O .U L 'O 3 ~ u1 a`~ ~ c > E o m ~ ' ~ ~ ~ ~ m oMo c ~ +, ~ ° +, ° v ~n 3 +J ° v c .~ N ~ o v t ~ coy coy ~.o~ o ~ ° ~ N ~ c o ~ v, a s , O 3 ° ~ O ~ O O as-+ L O +~ _A 3 E N + W ~ ~ ~ O . V ~ L ~ C Ql O ~ +-~ ~ ~ O 0 V N ~ ~ O Q 1 dJ (~ N ~ ° N ~' ~ C ~ +~ ~ ~ ~ v u c a 3 ~' •~ a ~ L ~ ~ L ~ ~L N ~ N V ~ O O f4 L U - ~ ~ ~ U QI C ~ ++ C C~ ~ v ~ ~ ~ a ~ LJ ~ ~ • U L _ a ~ ~ ~ ~ ~ ~ N ~ ~ ~ N (0 () O N N -p O - O ,~ O O ~ O V1 ~ ~ ~ ~ ~ ~ ~ Q. cn v ~ ate , a1 of C Q ~ ~ O U v L p O N U ~^ ~ +' ~ ~ ,, tB b,0 ~ •~ N V ~ ~ ~+- U pq L ~ ~ (~ L ~ ~ N ~ ~ •~ 4- ~ ~ O U ~ V1 ° •U ~ N Y O ~ +~ L .N O O O a.r ~ a N 7 L C V ~ ` f6 ~'.~ Q C ~ ~ U CQ i ~ ~ U ~ fB ~ ~ O N 4J ++ ~ ~ N Vi ~ t]A 4J ~ i Q ~ •~ ~ ~ N c ~ ~ ~ v ~ ` ° ~ ~ `o ~ ~ ~ 3 -° a i 4J O ~ L . O v ~ ~ +-' N > O aJ ~ ++ C N O ~ aJ ++ ` > Q O ~ L 41 O + + +,, Q O ~ O ~ ~ to ~ L N Q- ~ ~ O ~ C N ~ ~ ~ ~ ° ~ c~a 3 ~ .~ ~ `^ o H H v .O a ~a O i O C ~ ~ .~ ~ ~ (Q ~ N ~+- cp _ co +~ o is o in ~ ~ ~ a 0 o n ~, L 'v ~ ° N N °A C 'v ~ ~ n c O c ~L ~ ~ '~ ~ N ;} C ~+- +~ C O O 4 ~ O ~ • ~ ° O ~ ~ ~ o 'v ~ ~ ~ ~ ~ r o ~ U ~ ~ ~ ~- •~ v v ~ c ~ ca co ~ o c O ~ ~ "~- E +., C O +, cn J +J H C O L ~ ~ ~ ~ ~ ~ Q ' V O C ~ O s ~ ~ of N .'^ t]A N ~ N ° c J f6 ~ 41 a ~ L ~ Q a_+ - - ~ ~ ~ L rQ ~ ~ ~ ~ ~ ~ 3 v ~° H ~ '~ ~ N ~ w ~ ~ ~ .~ ~ .O ~ O N N O Q -_ ' = ~ ~ Q ~ 7~7~ .. d i Q vi v ~ U a 0 N +., O 2 W Regular Council Meeting -June 16, 2009 -Page 56 of 92 a a Z O N u. 0 U • ~;, ~ c _ _ L o O O O N O ~ Ol O L ~ ~ N N t0 ~ ~' .Q- r-I C O M~ O L N i ~ ~ +~ ~ ~ > ~ O- O t ~ a~ Q O ~ ~ ~ m O '~ c ° ra ~ L c c ~ o ~ c~ L n. o a. ~ cOi ~ ~ „4 _~ ,~ ~ o o ~ Q o v ~ ~ ~ ~ ~ ~ ~ ~ c Q ~ ~ ~ s ~ •>. E co ~ c N v O •N . N C ~ ~ ~ N C6 Q. i '~'•~ ~ Q ~ ~ ~ L 3 ~ U ~' L? y~~ c ~ •c L O 4J t]0 Q c 41 Q O p~~ L N O V1 c O ~ ~ O to O S ° ++ ++ C •> N O OJ - ~ ~ f0 ~ C6 D •~ .~ ~ f6 c ~ !~ O N O H O to u O~ ~ L ~ .~ ~ ~ a~ m a~ o ~ ~ ~ ~ ~ O t ~ > 'v "= O vi ~ N •L ~ •c *' to O ~ Q vOi m ,., ~ ~ c >~ ;~ ~ O N E o. p O O~ L Q ~ co O Q Q U O Q L 3 O ON ~ O- C~ N 4-• ++ N ~_ N O Q' O V N 41 U O ~ O +~ L O O S c 0 0~ U ~~ c~ !~ O O> O E +~ ~ N 000 ~ ~ v ° 'e,o o ° •~ ° +, ~ 3 a~ ~ +~ +~ ~ •~ cLo ca ~ ~ ~ o ~ ~ *' c cn o c vi v ~ o ° ~ + ~ a ~ ~ ~ ~ ~ o~ .° ~ •~ co ° 2 ~ a~w ~ ~~ ~ c ~ 4-~~ ~ ~ c ~ ~ ~ O ~~ X °~ Q N ++ fD O ~ O ~ L c L C ~ O U~ Q O C IJJ •a o c ~ ° ~ ~ ~ ~ '~ cn ~ c c ~ ~ o .N o ~ ~ .~ '~ ~ O ~ ~ " v •~ O ~ ~ ° "' v ~ '~ ~ ~ •ru c c ~ ~ ~ _ L a, L _ o ~ v ~ E ~ v ~ ~ ~ Q ° ~ ° O a~-+ Q ~ L ~ N ++ ~-~ ~+ cn Q N (~ ~ O .N ~ ~ Ql U _ "' 'n O c ~n v ~ ~ v ~ ~ ~ ~ ~ ~ ~ ~ Q ~ v •~ ~ .~ o a~ 3 ° L o r~ ~ ~ E ~ L ~ `L° ~' ~ ~ '' ~ ~ v ~' ~ c N c °~' o v ~ u ~' o > Q ~ c ~, c ~ O a~ v ~ 3 ~ ~ ~ 3 > o ~ `° ~ _ o ~ N c cOO ° ra ° ~ ~ ~ ~ a~ vi ra oco ~ v m 'v *' o .N ~ v o c c a o ~ c c ~., 4- O •O (p vi s.. O O v ++ •L (6 O ~ .N c +J .Q O ~ fB a v t v~ `~ o o~~ Q cn ~ Q L ~, ~ N o •c ~~~ L ~ v ~ ~' ~ LO ~ z i ~ •~ I ~ f6 41 aj L v ~ ~_ N O •c~ ~ C cn O .Q •Q - o°~ °- ~ +; ~ '^ v o o :~ c c `~ ~~ c ro + o 0 o c v n o o •~ aci co ~ c +_ °' •N o ~ ~ ~ ° ~ ~ ~ v " " ~ O O U~ N 4J ++ O ~ L O ~ ~ ,N ~ C ~ ~ N ~ 41 H 3 ~ Q ~~~ •~ ~ O~ c 0 ,} ~ N V N U N ++ ~ O O Q O ~ c ra ° io ~ rv o f .--. ~~ c c o c v~ +~ E a of 41 00 ~ v ~ ~ ~ 41 ~ +v+ ccO O O ~ O - O O ~ - ~ X N U U .~ N Q O Q +~ 4J ~ G U ~ ~ ~ (0 ~ r•I ~ ~ +•+ 4J "II m (U ~ w Regular Council Meeting -June 16, 2009 -Page 57 of 92 Z LL O W U Q I.f. W O W W Z W U N U_ 2 W Z Q W J a_ U Z 6I~ a O W 0 U ~; '^ t °' o o °' C C >, • V ~ a--~ U >~ ~ ~ ~ z ~ 0 ~ L ~ ~ ~ •° ~ ° ~ L 'O N L O O O Q~ N = 0 Vf • N "a Q ~ O O Q L V C C O ~ ~ ~ U ~^ c -a ° ~ 3 '~ ~ ° *' ~ ° ~ 41 v ~ of 3 O L ~ ~ .~ ~ Q ~ Q~ N ~ ° ~.. Q~ ~ ~ ~ O ~ Y *' `~ ° o ~ ~ o ° ~ v ~ v E - - 3 O N O ~ (6 U N N y U ' ~ O C ~.' ++ `+- - ~ L In .~ ~ to >. a-- C ~ ,N f6 C ~ ~ O L L to ~ O ~ N ~ O ~ " 3 N of QJ V f0 t ~ , . a..~ U ~ E O a [0 O 41 ~ C ~ C O ~ ,. ~, O >. ~ ~ N ° ~ ~ ~ f0 ~ fl. Q ~ • ~ ~ N ~ V 1 ~ ° ~ V ~ ~ ~ ~ ~ ~ ° L ~ L Q~ O ° ~ ~ ~ ~ V N O 1..) ° Vf '~ ~ ~ ~ ~ L c ~ c ~ O I mo„ ° 'In ;,., ~ .~' v ° o ~ CQC m i-1 ~ ~ ~ L 3 Q ~ ~ ~ ++ C C ~ N ~ ~ 0 v p ~ ~ O , ~ ~ ° ~ ~ ~ U N am ~ N ~ ~ Q N U L ~ ~ O C '' ~ - O °~ ~ ' c ~ _ .L ~ Q o ~ o ~ ° ~ c o ~ ~ o ~ ~ a ~ Q- c ~ ~ ~ o ~ •~ ~ ~ ~ ~ •~ 4 J ~ O N 'an C c C L L Ct' lA ~ L ° ~ r~ {A . ~ ~ L ~ Q~ 1 c o o ~ ra ~' ~ ° ~ ~ o m o ,~ 3 ~ ~ ~ ~ c ~ ~ ~ ° .In 4J ° U ~ `^ ~ ~ N iJ ~ ~ ~ c ~ ~ ~, E E :~ ~ ° ra ~ ~ ~ a, ~ i '~ `~ ~ Q ~ ~ a i ~ CO ~ ~ O Q a... L U ~ ~ O ~ ~"~ i H O III ~ ° ~ t]A ° ~' vi ° ° ~ 'a"' ~ ~ aL+ C to O L ++ O U ~ N Vf Cp Q ° .~ . L to O C ~ ~ L N E O Q- C_ U N ~ p 0 .0 ~ [~6 ~ O ~ ~ ~ OA ~ aJ > ~ O ~ O v 1} O ~ (~ ~ 4J ~ y ~ L O v ~ ~ I X L 0 ~ 0 ~ fB ~ Q rp C ~ ~ fII >, C O D ~ L O 4J ~ ~ L O ~ '^ 41 to In >~ T O w ~ O ~ n ~ Q ,j v o '~ ~~ ° z ~ ~ ~ I ~_ ~ v o a X o ~ ~ '~ ~ .c ° ~ ~_ ~ . ' ~ Q ~ z ° ~ " a o ~ ~ ~ ~ v z o ~ ~ z a, °~ ° ° o ° v 1= a ° ~ c c c c o v O a ~ ~ ~ n, ~ E c ~ ~ v c '~ v ~ c °. . ~ o ~, a ~ E 3° - ° N E 3 ~ ° v ° n ~ ° ° ° ° ° ° 0 0 a ~ ~ I ° ~ a ~ a u: U = - a 0 0 N .~ '~ w Q ~m 2 W Regular Council Meeting -June 16, 2009 -Page 58 of 92 Z ioC ILL Z O W Z Z W O W CC W Z W U 1 N U H W Z Q W ..J a U Z_ DC a ILI. 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L 4A ~ !6 7 LJ ~ ~ ~ O ,~, `^ N N _ •X U 'a v 0 `p C ~ L •U L ~ 4-- O ~ . C O ~ ~ +~+ Q ~ +~ Q U H ~ L ~ ~ ~ U U ~ O ~ ° O ~ ~ ~ C C L 3 o ~ ° ° v ° L w ° v ~ a ~ ~ ~ ~ ° ~ ~ ~ c>o _ ~ ~ Q ~ ` s ~ ~ N N ; o o ~ ~ ~ ~ 0 3 0 v ~ ~ ~ ° ~ ~ a~ ~ U ° ~ °~ c °- - ~ ~ " _ ~ v c . • O O ~ ~ •E a ~ ~ :~ v ° tin ~ ° _ ~ : ~ + °. 'a °o ~ c O N ~ ° ~ ~ a N ~ " ~ ° ''-' tin ,~ v o u ~ •v ~ 41 N i O C A ~ L'7 }, 41 O ~ a•, ~ ~ ~ >, ° p .~ ~+- ° ~ v1 .L ° a ~ o o .n N u o •L ~ ,,, t N Q o o ~ _ U Q p Cn i p ~ ~ B N N '~'•' • O E G iD C O ~ ~ 0 ~ E +~•+ cNi~ ~ ~ o v ~ ~ n 2 ° ~ x m ~ ~ Q ~ ~ ~ ~ n ° rpa N i a . U O Q m tU D W a; a 0 0 N O ~" om ~X W Regular Council Meeting -June 16, 2009 -Page 59 of 92 Q Z G 6L O Z O LPL W 0 U o ~ a o r~ 0 . ~ o N ~ ~ +~ C '~ O ~ 4i ~ p ~ O `~ ~ . ~ ~ - w .- ~ ra a O O ~ ,~ ~ +~ U O C ~ ~ ~ ~ ~ (/') i N ~ N .Q L C O ~ L > ..Q 1` VI O O ~ u ~ O L O Q ~ ~ ~ ~ ~ U ~ C6 C ~ ~ ~'' C ~ O ~ a-+ 0 ~ ~ U ~ ~ ~ f6 ~ ~..~ f6 L ~ a-.+ ~ ~ ~ ~ N >^ ~ lD N ~ Q. U N ~ O ~ ~ O C Q +, v ~ ~ ~ O f- ~ ~--~ m C to N S N ~ N ~--~ - _ ~ ~ ~ ~ ~ ~ N ~ +~% U W ~ cc U ~ d1 G 0 O c6 C C +J ~ O ~ ~ ~ 41 ~ ~ U N ~ ~ > O ~ Ur ~ 0 O C ~ 3 N O ~ v i ~ O Q Vf aOj N L ~ Q ~ U ~ ~ C ~ O v ~ vii ++ L C C ~ W ~ U O f6 ~ ~ (O N ~ O ~ C L ~ ~ L fQ U ~'' N C ~ of O_ ~ ~ p ~ ~ v N C tn L C ~ fB ~ E ~ o a Q . (II ~ ~ Q ~ G ~ T ~ U 41 ~ ~ U ~ ~ L a -+ O ~ t U 0 ~ ~ ~ ~ 3 .~ ~ Regular Council Meeting -June 16, 2009 -Page 60 of 92 You AS A PUBLIC O~~ICiAI, Open Meeting Law Incompatibility of Offices f~ ~~ ;~~ .~,,_, ~ r' '~ .._. . Public Records ~~~~~~~~ ESL Limits on Eni~ertainmen~ L~a~~ ~f Arzc~r-a December 21105 -~""~,.ro •~ ~ltl~ 5 : ~,>~ «~C~~+T1~. INTRODUCTION The League prepared this report to help you avoid some of the potential legal pitfalls of holding local public office, whether elected or appointed. The report reviews seven areas of state law that affect public officers: open meetings, conflicts of interests, public records, incompatibility of office, nepotism, financial disclosure, and limitations on entertainment. The life of a public official is not an easy one. State laws, like the seven highlighted in this report, continually affect the decision-making process. Good intentions (like, "but I didn't mean to violate the law") help. However, good intentions alone are not sufficient because violations of these laws can carry stiff penalties. Therefore, you need to be familiar with the laws governing your conduct in public office. We hope you will take the time to read this report and retain it for future reference. Most importantly we hope this report will prompt you to discuss each of these laws with your city or town attorney. This report is not intended to replace the need for you to review these laws with your local attorney; it's really only a starting point for discussion of your particular situation in your city or town. OPEN MEETING LAW General Provisions) The operation of government and, specifically, the activities of government officials are issues of concern to the general public. Although there are many reasons for this movement toward public awareness, there seems to be one distinct message delivered by the public: THE PUBLIC'S BUSINESS MUST BE CONDUCTED IN PUBLIC! The Arizona Legislature has declared its policy concerning open meetings very clearly: It is the public policy of this state that meetings of public bodies be conducted openly and that notices and agendas be provided for such meetings which contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided. Toward this end, any person or entity charged with the interpretations of this [law] shall construe any provision of this [law] in favor of open and public meetings.Z Arizona's Open Meeting Law (Law) provides very simply that, with a few limited exceptions, all meetings of a public body shall be open to all Regular Council Meeting -June 16, 2009 -Page 62 of 92 persons desiring to attend and listen to the deliberations and proceedings.3 The Law defines a "meeting" as "the gathering, in person or through technological devices, of a quorum of members of a public body at which they discuss, propose or take legal action, including any deliberations by a quorum with respect to such action."" The label attached to a meeting does not alter application of the Law. Whether the meeting is referred to as regular or special, workshop or study session, the Law's requirements must be met. The only exception to the public meeting requirement is an executive session, which is discussed later. "Public body" is defined as "the legislature, all boards and commissions of this state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, such public body.i5 This broad definition includes planning and zoning commissions, boards of adjustment, state licensing boards, library boards, and school boards. It also includes advisory committees and subcommittees, even if no member of the original appointing public body is a member of the advisory group.b Public Notices of Meetings The Law requires a public body to give advance notice of every public meeting and executive session to the general public and to each member of the public body. In giving notice, the first step is to file with the appropriate official a statement identifying where notices of the meetings of the public body will be posted. Those officials include the Secretary of State (for state public bodies), the Clerk of the Board of Supervisors (for county, school district, and special district public bodies), and the City or Town Clerk or Mayor's Office (for public bodies of cities and towns).' Once this statement has been filed, the Law requires the public body post notice of each of its meetings in accordance with this statement and "give such additional public notice as is reasonable and practicable."$ Notice of individual meetings is not necessary if the public body intends to meet at a regular day, time, and place and chooses to post one notice of all of its meetings during a specified time period.9 Such notice must be posted at the beginning of the period. -1- Except in the case of an actual emergency, no public meeting or executive session may be held with less than 24 hours' notice to the general public and each member of the public body.10 The notice must include the date, time, and place of the meeting. If an executive session will be held, the notice must also cite the specific provision of law authorizing the executive session.11 There are three exceptions to the notice requirements outlined above. First, a meeting for which notice has been properly posted may be recessed and resumed with less than 24 hours' notice, although the date, time, and place of the resumed meeting must be announced prior to recessing the originally posted meeting.12 Second, an emergency meeting may be held with less than 24 hours' notice in the case of an actua/emergency. Such an emergency exists when, due to unforeseen circumstances, immediate action is necessary to avoid some serious consequences that would result from waiting until the required notice could be given. Prior to the emergency discussion or action, the public body must give as much notice as possible, announce the nature of the emergency, include those reasons in the minutes of the emergency meeting, and post a public notice within 24 hours declaring that an emergency session has been held and setting forth the agenda items covered.13 Third, notice of a meeting to consider ratification of a prior act taken in violation of the Law requires at least 72 hours advance notice.la Agendas In addition to notice of the date, time, and place of the meeting, the Law requires that the notice include either an agenda of the matters to be discussed, considered, or decided at the meeting, or information on how the public may obtain a copy of the agenda. The agenda for a public meeting must list the "specific matters to be discussed, considered or decided,i15 and should contain "such information as is reasonably necessary to inform the public of the matters to be discussed or decided.i16 Such items as "new business" or "old business" are insufficient unless the specific items of new or old business are identified. Agendas for executive sessions must contain a "general description of the matters to be considered" and must "provide more than just a mere recital of the statutory provisions authorizing the executive session," but the agenda should not contain information that "would defeat the purpose of the executive session."17 The agenda may be made part of the public notice or, if the notice advises members of the public how they can obtain an agenda, then it can be distributed separate from the notice. In either case, the agenda must be made available at least 24 hours before the meeting, unless an actual emergency exists. Supporting documentation that is referred to in or made part of the agenda must be made available to the public in the same time frame. It may be appended to the actual agenda itself (provided the public can read it), or the agenda may advise the public where such supporting documentation can be obtained. The agenda sets the parameters of what can be done during a public meeting. Only those items specifically listed on the agenda or matters related thereto may be discussed, considered, or decided.ls Two quasi-exceptions apply. First, agendas may include a "summary of current events" item, during which any member of the public body or the chief administrator "may present a brief summary of current events without listing in the agenda the specific matters to be summarized."19 However, the public body may not propose, discuss, deliberate, or otherwise take legal action on such a matter at that meeting, unless that particular matter also has been specifically identified on the posted agenda. Second, a public body may (but is not required to) put an "open call to the public" on its agenda to allow members of the public to address the public body on matters not otherwise listed on the agenda. However, the public may only raise issues within the jurisdiction of the public body, and members of the public body may not discuss or take legal action on new matters raised during an open call to the public. Members of the public body have four options: sit in silence or wait until "the conclusion of an open call to the public" and then respond to criticism, ask staff to review a matter, or ask that a matter be put on a future agenda so it can be discussed.20 Executive Sessions The Law permits an executive session (a closed meeting) to be held for seven limited purposes. In addition to the notice and agenda requirements set forth earlier, members of the public body must vote during a public meeting to agree to meet in executive session. The general public is properly excluded from an executive session. Only those "individuals whose presence is reasonably necessary in order for the public body to carry out its executive session responsibilities may attend the executive session." z~ The public body must instruct those present at the executive session that all matters discussed in the executive session, as well as the minutes, must be kept confidential. 22 Finally, no vote may be taken during an executive session. Any final action on an item discussed in an executive session must be taken during a public meeting,zs Regular Council Meeting -June 16, 2009 -Page 63 of 92 -2- The only purposes for which an executive session discussion may be held are the following: 1. Personnel matters involving a specific position or individual (and these individuals must be given written notice at least 24 hours in advance in case they want to be discussed in open session).24 2. Confidential information specifically exempt by law from public inspection. 6. Sufficient information to permit further investigation of the background or specific facts of a decision if the discussion in the public session does not adequately disclose the subject matter and specifics of the action taken. 7. In case of an actual emergency, a statement setting forth the reasons necessitating a discussion, consideration, or decision without the matter being placed on an advance agenda. 8. In case of ratification, a copy of the required 3. Legal advice provided by the public body's disclosure statement. attorney.~s 4. Discussion with the public body's attorney regarding pending or contemplated litigation, settlement discussions to avoid or resolve litigation, or contract negotiations. 5. Instruction of designated representatives concerning salary and compensation negotiations with employee organizations. 6. International and interstate negotiations and negotiations by a city or town with a tribal council located within or adjacent thereto. 7. Instruction of designated representatives concerning negotiations for the purchase, sale, or lease of real property.~b Improper use of the executive session provision is one of the most common types of Open Meeting Law violations. Therefore, a public body, with the assistance of its attorney, should establish a clear procedure to use before holding an executive session. Minutes All public bodies, except subcommittees and advisory committees, must take and retain written minutes or a recording of all meetings.Z' The minutes or a recording of all public meetings must include, at a minimum, the following: 1. The date, time, and place of the meeting. 2. The members of the public body recorded as either present or absent. 3. A general description of the matters discussed or considered. 4. An accurate description of all legal actions proposed, discussed, or taken, and the names of members who proposed each motion. 5. The names of persons making statements or presenting material to the public body and a reference to the specific legal action addressed by the person. The minutes of executive sessions must contain the information described in paragraphs 1, 2, 3, and 7 above, and an accurate description of all instructions given in an executive session,ze The minutes or a recording of any meeting (except an executive session) must be open to public inspection no later than three working days after the meeting.29 Minutes must be taken in executive sessions and must be kept confidential except from the members of the public body that met in executive session; the officers, appointees, or employees who were the subject of discussion in a personnel executive session; the auditor general when conducting an audit; or the Attorney General or county attorney when investigating alleged violations of the Law.30 If the public body wishes to exclude all staff from attending the executive session, then the minutes should be kept or recorded by a member of the public body. In addition to written or recorded minutes of the meeting, the Law provides that any part of a public meeting may be recorded by any person in attendance by means of a tape recorder, camera, or other means of sonic reproduction as long as there is no active interference with the conduct of the meeting.31 E-Mail Violations The Law applies to all meetings of a public body, regardless whether a quorum gathers "in person or through technological devices." 32 Therefore, you should be extra careful when communicating with any other council members -even less than a quorum -via technology, such as by telephone or electronic mail ("e-mail"). Otherwise, you may find that you have violated the Law. A "meeting" occurs when a quorum of a public body "gathers" and takes any one of four actions: discusses legal action, proposes legal action, takes legal action, or deliberates with respect to any such actions.33 A recent Attorney General Opinion notes that the simple act of a public body member sending out a single a-mail to a quorum of the public body could violate the Law if the a-mail proposes legal Regular Council Meeting -June 16, 2009 -Page 64 of 92 -3- action,34 Moreover, "[t]hree of these activities [to discuss, deliberate, or take action] necessarily involve more than aone-way exchange between a quorum of a public body," so even the simple act of a member of the public body responding to, exchanging, or otherwise circulating a-mails regarding legal action among a quorum could be interpreted as a violation of the Law.35 Therefore, you should be extra cautious whenever communicating with other council members using e- mail or other technological devices. To help public bodies comply with the Law, the Attorney General recommended that, while it is not legally required, members of public bodies who send e-mails to each other might want to include the following language in their a-mail message to remind colleagues that replying or circulating an a-mail to others could be construed as discussing, deliberating, or taking legal action: To ensure compliance with the Open Meeting Law, recipients of this message should not forward it to other board members and board members should not reply to this message. For similar reasons, the Attorney General advised that staff might want to use the following language: To ensure compliance with the Open Meeting Law, recipients of this message should not forward it to other members of the public body. Members of the public body may reply to this message, but they should not send a copy of the reply to other members. Ratification A public body may ratify legal action previously taken in violation of the Law, Ratification is appropriate when the public body needs to validate retroactively a prior act in order to preserve the earlier effective date of the action. Ratification merely validates the prior action. It does not eliminate liability of the public body or others for violation of the Law. All legal action transacted during a meeting held in violation of the Law is null and void unless ratified. The procedure for ratification is prescribed in A.R.S. § 38-431.05(6). It is a detailed and complicated procedure that must be followed carefully, "within thirty days after discovery of the violation," and with advice by the public body's attorney. Sanctions If any business of a public body is conducted in violation of the Law, the actions taken at such a meeting are automatically null and void.36 The Law Regular Council Meeting -June 16, 2009 -Page 65 of 92 can be enforced against a member of a public body and any person who knowingly aids, agrees to aid, or attempts to aid anyone in violating the Law.37 Any person affected by an alleged violation, the Attorney General, or the county attorney for the county in which an alleged violation occurred, may file an action and obtain civil penalties of up to $500 for each violation, attorney's fees and court injunctions against the offending public body or public official. If the court finds that a public officer intentionally violated the Law, the court may remove the officer from office and assess the officer personally with the attorney's fee award. Moreover, a member of a public body shall not direct staff to communicate in violation of the Law. sa CONFLICT OF INTERESTS One of the most misunderstood phrases in the media today is conflict of interests. The phrase carries such negative connotations, and yet it is only natural, in our system of part-time citizen legislators, for elected and appointed officials to face potential conflict of interests situations. It is not "bad" to have a conflict of interests, but it is illegal to fail to declare a conflict of interests under Arizona law or to participate or otherwise be involved in discussions on issues or contracts where such a conflict exists. This portion of the report may help you identify potential conflicts of interests and how you may avoid violations of this state law, which is one of the most complicated set of laws on the books. To understand its effect on your actions we suggest you discuss the law and your particular situation with your own private attorney or the city or town attorney. FIND OUT AHEAD OF TIME WHAT YOUR CONFLICTS ARE! Applicability The conflict of interests law covers all public officers and employees of incorporated cities and towns. This includes the mayor, council members, and members of all appointed boards and commissions (parks, planning and zoning, libraries, etc.); the city manager, his or her appointees, and all consultants; and full-time, part-time, and contractual employees of the city or town. The conflict of interests law is also applicable when the private interests of a public official's or public employee's relative are under consideration. The law broadly defines a relative to be not only a husband or wife, child, grandchild, parent, grandparent, brother or sister (and their spouses) but also the following in-laws: brothers, sisters, parents, and the child of a spouse.39 All other relatives, whether by blood or marriage, are not subject to the restrictions of this law. -4- Conflict of Interests Defined The conflict of interests law distinguishes between interests that are "remote" and those that are "substantial.^ao Essentially what it says is that remote interests are so minor that they do not constitute illegal conflicts of interests, and that any interest which is not remote, as detailed in state law, is a substantial interest. If you have only a "remote interest" in a matter before the council, then you can vote and participate in the discussion. Here is what the law defines as a remote interest. REMOTE INTERESTS exist when the public officer or employee or a relative is: 1. A nonsalaried officer or member of a nonprofit corporation. Thus, being a nonsalaried officer or a member of a nonprofit health agency doing business or requesting a grant from the city or town technically would not constitute a conflict. 2. The landlord or tenant of a contracting party. For example, a council member may lease office space to a party that has a private interest in a public matter without it resulting in a conflict of interests. 3. An attorney of a contracting party. 4. A member of a nonprofit cooperative marketing association. 5. The owner of less than three percent of the shares of a corporation with an interest in a matter with the city or town, provided that: a. Total annual income from dividends, including the value of stock dividends, does not exceed five percent of the officer's or employee's total annual income; and b. Any other payments made to the officer or employee by the corporation do not exceed five percent of the officer's or employee's total annual income. 6. Being reimbursed only for actual and necessary expenses incurred in performance of official duties. Receiving municipal services on the same terms and conditions as if the person were not an officer or employee of the municipality. Thus, when a council member who owns a business within the city or town votes for or against an increase in the business license tax, a conflict would not exist because this action would apply to all businesses in the corporate limits. 8. An officer or employee of another political subdivision, a public agency of another political subdivision, or any other public agency unless it is the same governmental entity being served who is voting on a contract or decision which would not confer a direct economic benefit or detriment upon the officer. Thus, a council member who is a school teacher may vote to enter into an intergovernmental agreement with the school district, unless such agreement would confer some direct economic benefit, such as a salary increase, upon the council member, 9. A member of a trade, business, occupation, profession, or class of persons and has no greater interest than the other members of that trade, business, occupation, profession, or class of persons. A class must consist of at least ten members to qualify the interest as remote. SUBSTANTIAL INTEREST is defined in this law as any pecuniary or proprietary interest, either direct or indirect, other than those that are remote.41 In general, a conflict of interests will result when an officer or employee of a city or town is involved in substantial ownership or salaried employment with a private corporation doing business with the city or town. For example, if a council member owns or is employed by a lumberyard selling to the city, then a conflict may exist. On the other hand, if the council member is the lawyer for that lumberyard, or if the council member leased land to the lumberyard, then it is possible that no conflict exists. A public officer or an employee may sell equipment, material, supplies, or services to the municipality in which the officer or employee serves if this is done through an award or contract let after public competitive bidding.42 An exception to this law allows cities and towns to purchase supplies, materials, and equipment from a member of the council without going to public competitive bid as long as the single transaction does not exceed three hundred dollars and the annual total of such transactions with a member of the council does not exceed one thousand dollars.43 The city or town must adopt a policy governing such purchases and must approve this policy on an annual basis.44 All transactions above these limits must take place as a result of public competitive bidding. However, the city or town officer or employee would not be allowed to influence the bidding process in any way and must make known such interest in the official records of the city or town. The Attorney General has concluded that there is no statutory restriction on a school board member or employee bidding on property being sold by the district, as long as the board member or employee publicly discloses such interest in the property being sold and refrains from participating in any manner in the decision to sell the property.as Regular Council Meeting -June 16, 2009 -Page 66 of 92 -5- Additional Provisions The conflict of interests law also contains the following restrictions on the activities of public officers and employees that should be reviewed with your city or town attorney. When a public officer or employee has been directly concerned or has exercised "administrative discretion" in an issue, that officer or employee may not represent another person before an agency of the city or town on the same issue and receive compensation for such representation. This restriction extends to twelve months after termination of office or employment with the city or town.ae 2. A public officer or employee cannot disclose or use confidential information obtained during the term of office or employment.47 3. A public officer or employee cannot receive any compensation (other than as provided by law) for performance of services in any case, special proceeding, application, or other matter pending before any agency of the city or town,aa A public officer or employee cannot use or even attempt to use his or her position to obtain anything of value that normally would not be received in the performance of official duties. Something is considered to have "value" when it exerts a "substantial and improper" influence on the duties of the public official.49 The State Bar of Arizona has placed another restriction on local elected officials who are lawyers. The State Bar ruled that attorneys on city or town councils cannot represent clients in the city or town's courts.50 However, the Arizona Supreme Court has ruled that attorneys on city and town councils may represent clients in superior court in cases that involve members of the police department in such council member's city as adverse witnesses.sl Declaration of a Conflict When a public officer or employee (or their relative) has a substantial interest in any decision of or contract, sale, purchase, or service to their city or town, the public officer or employee must: 1. Refrain from participating in any manner (voting, discussing, or in any way attempting to influence) a decision of the governing body or agency of the city or town; and Declare that a substantial interest exists and make it known in the official records of the city or town. For a member of the council, this can be done by declaring at a council meeting that a conflict of interests exists and having this declaration officially entered in the minutes. For an employee who faces a conflict of interests situation, the employee should file a letter with the manager or clerk declaring in writing that a conflict exists and refrain from participating in any manner in the decision or issue.sz The provisions of state law relating to conflict of interests, specifically the requirement that members of the council refrain from participating in or attempting to influence a decision in which they have a substantial interest, may preclude the council from acting as required by law in its official capacity. For example, this situation may occur when a majority of the members of the entire council (not just those present at a particular meeting) have a substantial conflict of interests. To address this potential problem, state law provides that if the conflict of interests statutes prevent a public body from acting as required by law in its official capacity, such action shall be allowed if the members of the public body with the apparent conflicts make known their substantial interests in the official records of the public body.S3 For example, each affected council member should state that he or she has a substantial interest in the issue before the council, and then make sure it is recorded in the official minutes of the meeting. Such statement should be made at the beginning of any discussion of the issue by the council. This process can be tricky, so seek legal counsel before proceeding. Legal Opinions If you ask your city or town attorney for an opinion on conflict of interests, the request is confidential. However, formal final opinions are a matter of public record and must be filed with the city or town clerk.54 This filing requirement does not apply to verbal communications between a mayor or council member and the city/town attorney. Filing of Disclosures The clerk must maintain a special file for all disclosures of conflicts of interests. One method to comply with this requirement would be to place a separate copy of the council meeting minutes when a conflict is declared in a special file labeled "Conflict of Interests Disclosures." Penalties A public officer or employee who intentionally or knowingly conceals or fails to disclose any substantial interest or engages in any of the activities prohibited by A.R.S. § 38-503 through 38-505, is guilty of a class 6 felony, which carries a penalty of one and one-half years imprisonment or a maximum fine of $150,000, plus a conviction will automatically forfeit office. A public officer or employee who negligently or recklessly violates the conflict of interests law by failing to disclose a Regular Council Meeting -June 16, 2009 -Page 67 of 92 -6- substantial interest or engaging in the activities prohibited by A.R.S. § 38-503 through 38-505, is guilty of a class 1 misdemeanor, which is punishable by imprisonment for up to six months or a fine of not more than $2,500. Any person affected by a decision of a public agency where a conflict of interests is alleged may bring a civil suit in superior court, which may order equitable relief including attorneys fees to the prevailing party. In addition, any contract made in violation of the law may be voided by action of the city or town.ss WHEN IN DOUBT ABOUT POTENTIAL CONFLICTS, ASK YOUR ATTORNEY! PUBLIC RECORDS Arizona's Public Records Law is an odd paradox. On the one hand, the sweeping language of its core provisions makes the law appear to be straightforward and simple. On the other hand, the hundreds of exceptions in other statutes and judicial decisions can make application of the law rather complex at times. Given this unique blend of simplicity and complexity, you should learn the following basics, but then seek immediate assistance if you directly receive a request for public records. Simple and Sweeping Arizona's Public Records Law commands that "[p]ublic records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours." s6 The law applies to, among others, officers of cities and towns.s' The definition of "public records" is quite sweeping, so the law reaches not only paper items (including "all books, papers, maps, photographs or other documentary materials"), but also all other information "regardless of physical form or characteristics, including ... items produced or reproduced on film or electronic media," sa Importantly, if any doubts exist about whether a member of the public can see a particular document, courts have declared that public records are "presumed open to the public for inspection."59 Complex Maze of Exceptions That presumption of openness, however, is just a presumption and not an absolute rule. Indeed, the Arizona Supreme Court has recognized three sets of exemptions to the sweeping presumption of openness: when confidentiality restrictions apply, when privacy interests of individuals prevail over the public's right to know, or when the best interests of the government outweigh the public's right to inspection.ao First, Congress and the Legislature have enacted hundreds of confidentiality exceptions to the Public Records Law. Often buried in obscure niches of federal and state statute books, these confidentiality restrictions usually are designed to protect the public at large (e.g., prevent disclosure of the vulnerability of certain facilities to sabotage or attack),61 guard the safety of certain individuals (e.g., prevent disclosure of the home addresses of judges, prosecutors, public defenders, peace officers, and victims of domestic violence, stalking, or harassment),62 and protect against identity theft (e.g., prevent disclosure of social security numbers).63 Note that you do not have independent authority to promise that documents will be protected as confidential,sa Second, privacy interests may protect certain information in public records from being released. For example, the Arizona Supreme Court declared that a public teacher's birth date could be withheld from public inspection, based on the court's recognition that such personal identifying information could be combined with other information, which in turn could lead to identity theft,es Finally, a record may be withheld from public inspection when disclosure would be detrimental to "the best interest" of the government. The Arizona Court of Appeals later clarified this otherwise broad exemption when it noted that while "public records are presumed open to the public for inspection," certain records may be withheld if "the public official can demonstrate a factual basis why a particular record ought not be disclosed to further an important public or private interest."66 Note that the burden is on the public official to prove that the record should be kept from the public rather than on the person seeking the record. Steps to Comply Public officials should keep the following seven steps in mind to comply with public records requests. Step One: Properly Maintain Public Records. Arizona law imposes duties on public officers even before they receive a request to produce public records for inspection. For example, the law mandates that "[a]II officers and public bodies shall maintain all records ... reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state."67 Moreover, "[e]ach public body shall be responsible for the preservation, maintenance and care of that body's public records and each officer shall be responsible for the preservation, maintenance and care of that officer's public records. It shall be the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to" an authorized document retention policy.6e Regular Council Meeting -June 16, 2009 -Page 68 of 92 -7- Step Two: Seek Assistance. With the exceptions to the Public Records Law ever evolving and sometimes "hidden" in statute books and judicial decisions, application of Arizona's Public Records Law can be complex. Therefore, if you ever receive a request for a public record, then the best practice is to seek help immediately from staff members who are more familiar with the law. Staff members, in turn, should contact their legal counsel for guidance to avoid problems. Step Three: Receiving a Public Records Request. The law allows "any person" to request access to a public record. Importantly, the law does not require people to identify themselves when they are seeking access to public records. Nor do they have to identify why they want to see the record. Step Four: Act "Promptly." The law declares that "[a]ccess to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record," although the amendment does not define precisely what "promptly" means.69 Denying access to a public record exposes the public body to liability, so reasonable efforts must be made to provide the requested documents "promptly." Step Five: Inspection and Copyinq. Members of the public actually have three rights relating to public records. First, they have a right to "inspect" those documents, which essentially means they may "examine" or "look at" the requested records.70 Second, in light of the numerous exceptions to the Public Records Law, a person may request the custodian of the public records to "also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person."71 (A court still may review the withheld documents and order them disclosed.) Third, if a person wants, they are entitled to get "copies, printouts or photographs" of the records, which must be provided "promptly." Certain records may contain information that legitimately should be withheld from public inspection. In those situations, the information that is confidential, private, or harmful to the best interest of the government should be withheld but the rest of the record should be made available to the person requesting the public record.72 Step Six: Recovering Costs. Searching for and making copies of public records costs time and money. The law recognizes two categories of requestors and limits what each may be charged. When a person requests public records for a "commercial purpose" -for example, obtaining lists of names to try to sell insurance -then the public body may charge a "reasonable fee" for both the time searching for the records and the actual cost of the copying.73 When, however, the request is not for a commercial purpose, then the public body may charge only for the cost of the copying; it is not authorized to charge for the cost of searching for the records. Nore: Because of the First Amendment, requests by journalists are notfor a commercial purpose. Step Seven: Mailing. A recent amendment allows a person to "request that the custodian mail a copy of any public record not otherwise available on the public body's web site to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges."74 Violations Violations of public records laws come in two forms: "governmental" violations and "personal" violations. "Governmental" violations occur when the government (operating through public officials and employees) fails to comply with the public records law by, for example, refusing to produce public records, purposefully delaying the release of public records, refusing to release records based on speculation that they may contain information that does not need to be produced,75 or overcharging for copies of public records.76 A person "who has been denied access to or the right to copy such records, may appeal the denial through a special action in the superior court .... If the court determines that a person was wrongfully denied access to or the right to copy a public record and if the court finds that the custodian of such public record acted in bad faith, or in an arbitrary or capricious manner, the superior court may award to the petitioner legal costs, including reasonable attorney fees, as determined by the court."" Additionally, "[a]ny person who is wrongfully denied access to public records pursuant to the provisions of this article shall have a cause of action against the officer or public body for any damages resulting therefrom."'$ "Personal" violations occur when, for example, a public officer or employee releases confidential information that is protected from disclosure by statute,79 steals or in an unauthorized way removes, secretes, mutilates, or defaces a public record,80 or otherwise "tampers with a public record" by destroying, altering, or falsifying a public record.sl The penalties for personal violations can range from removal from office and imposition of civil penalties to being convicted of a class 4, 5, or 6 felony. Practical Tips To avoid problems, you might want to keep the following three tips in mind. First, whenever creating documents (including informal writings, Regular Council Meeting -June 16, 2009 -Page 69 of 92 -8- such as email, which are subject to the Public Records Law82), presume they will be public records available for inspection, copying, and printing on the front page of the local newspaper. Therefore, be as careful with the tone and language of the document as you are with the substantive accuracy of your writing. Second, don't ~~tamper" with a public record - by destroying it, backdating it, hiding it, altering it (such as erasing or changing portions of it), or otherwise falsifying it. Each of these acts is a crime in Arizona. Third, whenever you receive a request for a public record, it is a sound practice to immediately seek help from staff. INCOMPATIBILITY OF OFFICES On many occasions, local officials have asked the League whether a public official may hold two or more public offices at one time. In response to these requests, we compiled the following information to help in determining when two or more public offices may be incompatible. Early Concepts of Incompatible Offices Arizona's law prohibiting the holding of incompatible offices can be traced, in large part, to early English common law. Offices were said to be incompatible or inconsistent if: 1. The main duties of the two offices could not be carried out with care and ability; or 2. One office is subordinate to and interferes with the other office such that the duties of the two offices cannot be performed at the same time with "impartiality and honesty." Very few laws, if any, have been based upon the first principle. Apparently, it has been difficult to determine when an individual fails to execute the duties of two public offices with "care and ability." The second principle mentioned above has been the basis for most Arizona law on the incompatibility of public offices,e3 State Laws and Interpretations From Arizona's Constitution and statutes, and interpretations by the Attorney General and the League's General Counsel, we have compiled a list of legal provisions focusing on the issue of incompatible public offices. Arizona State Constitution 1. No member of the Legislature may hold any other office or be employed by the state or any county, city, or town, except a legislator may also be a school board member or a teacher.84 2. Incumbents of a salaried elective office may not "offer" themselves for nomination or election to any salaried local, state, or federal office unless during the final year of their term. However, an incumbent may resign and then run for another office. es 3. Justices of the peace may hold the additional position of police magistrate in incorporated cities and towns. se State Statutes A public official may not hold two salaried public offices at the same time. However, elected officials in the final year of their term of office may offer themselves for nomination to another elected office. The point in time at which an elected official is determined to have offered herself or himself for nomination or election to another public office is upon the filing of nomination papers or upon formal declaration of candidacy for such office, whichever occurs first. $' Mayors, aldermen, or council members cannot receive any compensation from the city or town during the term of office for which they were elected in addition to the compensation paid to them as elected officials.$$ As a result, city and town elected officials cannot hold any other paid public office with the city or town. In the opinion of our League General Counsel, this provision also prevents a mayor or council member from resigning office and accepting another compensated position with the municipality prior to the end of the term of office for which the person was elected.89 3. Public defenders employed by the county may also serve as public defenders for a city or town. State law requires the city or town to reimburse the county for the public defender's services.90 4. Members of the State Personnel Board and most state employees cannot be candidates for nomination or be elected to any paid public office, nor may they take part in managing a political party or political campaign.91 Certain state employees are exempted from these restrictions, so we suggest that you discuss individual cases with your city or town attorney. 5. A person may not be a candidate for more than one public office if the elections for the offices are held on the same day and the person would be prohibited from serving both positions simultaneously.92 Regular Council Meeting -June 16, 2009 -Page 70 of 92 -9- City Charter Provisions If you are holding office in a charter city, there may be additional limitations placed on your ability to hold other public offices. We suggest you consult the charter or your city attorney on any such provisions. Attorney General Opinions The Attorney General has issued a number of opinions on the topic of incompatibility of office. Of particular interest to cities and towns: 1. State employees subject to the State Personnel Commission may not hold the position of city or town council member, if the council position is compensated.93 2. The positions of school board member and council member could be held by the same individual because the school board position was uncompensated.94 3. A legislator may not assume an elective office in a charter city during the legislative term for which he or she was elected.95 4. The duties of a county supervisor are not inherently inconsistent with the duties imposed on a member of the Arizona Board of Regents.ea League General Counsel Opinions The League's General Counsel has been requested on a number of occasions to issue opinions on possible instances of incompatible offices. The following is a list of these opinions: 1. One individual in anon-chartered city cannot hold the positions of mayor and police judge at the same time.97 2. The compensated positions of city alderman and volunteer fireman could not be held at the same time by one individual because aldermen can only receive the specific compensation designated by law for their service as aldermen.98 3. A police judge, during absence from his post, may request another police judge or justice of the peace from a neighboring city or town to serve in his post. The city or town should, however, adopt an ordinance authorizing this arrangement.99 4. The General Counsel of the League also suggests that the offices of town manager and police magistrate not be held by one individual. Before an employee accepts another public office, local ordinance provisions and personnel rules and regulations should be consulted. For particular employees there may be departmental regulations that also govern such activities. NEPOTISM As a city or town official, you must exercise caution when your relatives are being considered for appointment to offices or positions of employment with the city or town. Arizona's anti-nepotism statute prohibits public officials from appointing their relatives to offices or positions of employment compensated from public funds loo Specifically, any executive, legislative, ministerial, or judicial officer cannot appoint or vote for (or even suggest, arrange, or be a party to) the appointment of a relative who is related by blood or marriage "within the third degree" to a paid office or position of employment. Public officers of a city or town subject to this restriction would include mayors, council members, appointed officials, and department heads. As mentioned above, the law prohibits the appointment of relatives by blood or marriage "within the third degree." To apply this law accurately, there is a method to compute whether a person is related within what is legally defined as the "third degree." In summary, this method of computation would prohibit a public officer from appointing or participating in the appointment of the following in-laws or blood relatives: a husband or wife, brother or sister, parent or child, great grandparents, grandparents, grandchildren, great grandchildren, uncles or aunts, and nephews or nieces.lol To illustrate, the Attorney General found that the wife of a justice of the peace could be appointed by her husband to perform the function of setting bai1.102 This Opinion was based in part on the fact that the public official's wife was not compensated for these duties. In another Attorney General's Opinion a justice of the peace could not appoint his wife's sister to a compensated position of clerk without violating this law.103 One important question is whether a city or town employee can continue employment after a relative within the third degree has assumed a position on the city or town council or some other position with appointment authority. In addressing a situation of this nature, the General Counsel of the League was of the opinion that an employee could continue employment even though a relative was elected to the city or town council.loa However, if a situation arises where the employee's appointment or reappointment is placed before the council, the relative on the council should not participate in any way in that decision,ios Regular Council Meeting -June 16, 2009 -Page 71 of 92 -10- The council/manager form of government or the existence of a merit system also affect the application of the anti-nepotism law because the law does not prohibit the appointment or employment of a relative, but rather governs the participation of the related public official in the decision-making process. If there are questions that relate to nepotism, we suggest that you discuss these with your local city or town attorney. In most instances, questions of nepotism can be clarified quickly due to the precise nature of this law. FINANCIAL DISCLOSURE State law requires elected officials, including those appointed to elective office, to file an annual financial disclosure statement.loe Since 1984, cities and towns have been required to adopt standards of financial disclosure consistent with the standards imposed for state elected officials.107 The annual financial disclosure statement is due each year on January 31 covering the immediately preceding calendar year. The city or town clerk should make the forms available to meet this filing requirement.loe Candidates for city or town office must file the financial disclosure statement covering the preceding twelve-month period when nomination papers are filed,los The law requires elected public officials to disclose personal financial data including information on members of the "household" (defined as the public official's spouse and any minor child of whom the official has legal custody). Information on business holdings is required under certain circumstances. Property owned by the official or a member of the official's household must also be reported (with certain exceptions). The report must be filed with the city or town clerk and is available for public inspection. Failure to file or filing a false or incomplete financial disclosure statement, if done knowingly, is a class 1 misdemeanor,llo LIMITS ON ENTERTAINMENT In 2000, the Legislature extended part of the state's lobbying laws to prohibit certain entertainment for local officials if paid by compensated lobbyists. The new law provides that it is illegal for a compensated lobbyist to offer and for a member of a city or town council (as well as other local governing bodies) to accept "an expenditure or single expenditure for entertainment." 111 Careful attention to these three parts -the giver, the recipient, and the outlawed gift - is important because violations may result in criminal and civil penalties,llz As for the giver, the law applies to "a Regular Council Meeting -June 16, 2009 -Page 72 of 92 person who for compensation attempts to influence the passage or defeat of legislation, ordinances, rules, regulations, nominations and other matters that are pending or proposed or that are subject to formal approval by the corporation commission, a county board of supervisors, a city or town governing body or a school district governing board or any person acting on that person's behalf." So even if the people offering entertainment do not call themselves "lobbyists," the law still applies if they are compensated to do any of the things listed. Next, as for the receiver, the law applies in the city and town context to members of the council (whether elected or appointed), but not directly to city or town staff (although local ordinances or policies might),lls Third, the law prohibits giving or receiving "entertainment," which is defined to mean "the amount of any expenditure paid or incurred for admission to any sporting or cultural event or for participation in any sporting or cultural activity."114 As written, the ban prohibits not only receiving tickets to attend a sporting or cultural event, but also having a compensated lobbyist pay for your participation in any cultural or sporting event. In other words, a compensated lobbyist may not offer - and council members cannot accept -tickets to sporting or cultural events (such as baseball, basketball, football, hockey, or soccer, or any other sports at any level -professional, college, or local - or art gallery, ballet, movie, opera, theatre, or anything else). Nor may they offer to pay or you allow or accept their payment for your "participation" in "sporting or cultural" activities such as golf, fishing, hunting, bowling, yoga, painting, ballet, or any other activity. CONCLUSION Accepting a position as a public official may introduce a number of complex and confusing legal situations into an individual's life. This report has tried to shed some light on selected areas of law that place restrictions on the activities of public officials in Arizona cities and towns. If the report has raised questions, please do not hesitate to contact the League office. However, we emphasize the importance of consultation with your personal attorney or the city or town attorney on specific questions regarding all of the subjects discussed in this report. -11- ENDNOTES 1. The information about the Open Meeting Law (A. R.S. § 38-431 through 38-431.09) presented in this section is taken largely from a summary prepared by the Attorney General's Office. The League prepared these endnotes. 2. A.R.S. § 38-431.09. 3. A.R.S. § 38-431.01(A). The Open Meeting Law grants the public the right to attend and listen to a public body's deliberations and proceedings. See Attorney General Opinions I83-049 and I84-133. This includes the right to know exactly how each individual council member votes on an issue. A superior court has ruled that a secret ballot procedure used to select the mayor from the common council violates the Open Meeting Law. See Mohave County Attorney v. Common Counci/of the City of Kingman (No. SA-140, June 14, 1983). 4. A.R.S. § 38-431(4). 5. A.R.S. § 38-431(6). 6. For a discussion of the applicability of the Open Meeting Law to advisory committees, see Attorney General Opinion I92-007. 7. A.R.S. § 38-431.02 (A). 8. A.R.S. § 38-431.02(A)(1). 9. A.R.S. § 38-431.02(F). 10. A.R.S. § 38-431.02(C). 11. A.R.S. § 38-431.02 (B). 12. A.R.S. § 38-431.02(E). 13. A.R.S. § 38-431.02(D),(J). 14. A.R.S. § 38-431.05 (B)(4). 15. A.R.S. § 38-431.02(H). 16. A.R.S. § 38-431.09. The Open Meeting Law does not specifically prohibit a public body from considering agenda items in an order different from that appearing on the agenda. However, when changing the order of discussion, it must be done in a way that is not designed to deny any member of the public the opportunity to listen to the discussion of any agenda item. See Attorney General Opinion I83-56. 17. A.R.S. § 38-431.02(I). 18. A.R.S. § 38-431.02 (H). 19. A.R.S. § 38-431.02(x). This subsection was amended in 2002 to allow any member of the council to make current event announcements. Previously, this authority was limited to the mayor and chief administrator. 20. A.R.S. § 38-431.01(G). 21. A.R.S. § 38-431(2). 22. A.R.S. § 38-431.03(C). Regular Council Meeting -June 16, 2009 -Page 73 of 92 -12- 23. A.R.S. § 38-431.03 (D). See also Johnson v. Tempe E/ementarySchoo/Dist. Governing Board, 199 Ariz. 567, 20 P.3d 1148 (App. 2000) (court of appeals dismissed a public body's appeal as improper when the public body instructed its attorney in an executive session to file an appeal but then failed to confirm that instruction in public with a proper formal vote). 24. A.R.S. § 38-431.03(A)(1). The other exceptions are also set forth in Section 38-431.03(A). 25. See City of Prescott v. Town of Chino t/alley, 66 Ariz. 480, 803 P.2d 891(1990). 26. See Tanque Verde Unified School Dist, v. Bernini, 206 Ariz. 200, 76 P.3d 874 (App. 2003) (affirming that a public body violated the Open Meeting Law by conducting a site selection process in an executive session). 27. A.R.S. § 38-431.01(8). 28. A.R.S. § 38-431.01(C). 29. A.R.S. § 38-431.01(D). 30. A.R.S. § 38-431.03(8). 31. A.R.S. § 38-431.01(E). 32. A.R.S. § 38-431(4). 33. Id. 34. Ariz. Att'y Gen. Op. No. I05-004 at 2 ("Board members must ensure that the board's business is conducted at public meetings and may not use a-mail to circumvent the OML requirements.... While some one-way communications from one board member to enough members to constitute a quorum would not violate the OML, an a-mail by a member of a public body to other members of the public body that proposes legal action would constitute a violation of the OML."). 35. Id, at 4 ("Public officials may not circumvent public discussion by splintering the quorum and having separate or serial discussions.... Splintering the quorum can be done by meeting in person, by telephone, electronically, or through other means to discuss the topic that is or may be presented to the public body for a decision.")(quoting Arizona Agency Handbook § 7.5.2; Ariz. Att'y Gen. 2001). 36. A.R.S. § 38-431.05(A). 37. A.R.S. § 38-431.07(A). 38. A.R.S. § 38-431.01(H). 39. A.R.S. § 38-502(9). 40. Compare A.R.S. § 38-502(11) (~~substantial interest") and 38-502(10)(~~remote interest"); see also Attorney General Opinion I85-052. 41. A.R.S. § 38-502(11). 42. A.R.S. § 38-503(C). See also Attorney General Opinions 70-5, 79-067, 79-133, and General Counsel Opinion May 17, 1979, and letter dated October 23, 1984 from Attorney General to Town of Parker. 43. A.R.S. § 38-503(C)(2). 44. A sample resolution establishing a policy to govern such purchases from members of the council without going to public bid is available from the League office. 45. Attorney General Opinion I85-067. Regular Council Meeting -June 16, 2009 -Page 74 of 92 -13- 46. A.R.S. § 38-504(A). 47, A,R,S. § 38-504(8). 48. A.R.S. § 38-505. 49, A.R.S. § 38-504(C), 50. State Bar Ethics Opinion No. 74-28. 51. See Gomez v, Superior Court, 149 Ariz. 223, 717 P.2d 902 (1986). 52. A.R.S. § 38-503(A), (B). 53. A.R.S. § 38-508. 54. A.R.S, § 38-507. 55. A.R.S. § 38-506 and A.R.S. § 38-511. 56. A.R.S. § 39-121. 57. A.R.S. § 39-121.01(A). 58. A.R.S. § 41-1350. 59. See, e,g,, Carlson v. Pima County, 687 P.2d 1242, 1246 (Ariz. 1984). 60. Id. 61. See, e,g,, A, R.S. § 39-126. 62. See, e.g., A.R.S. §§ 11-483, 16-153, 39-123(A), 63, See, e.g., 42 U.S.C. § 405(c)(ii), (vii)(I), and A.R.S. §§ 44-1373, -1373.03. 64. Moorehead v, Arnold, 637 P.2d 1242 (Ariz. App. 1981). 65. Scottsdale Uniped School Dist, v, KPNX Broadcasting, 955 P.2d 534, 537 (Ariz. 1998). 66. Star Publishing Co. v. Pima County Attorney's Office, 891 P.2d 899, 901 (Ariz. App. 1994). 67, A.R.S, § 39-121.01(8). 68. A.R.S. § 39-121.01(C). 69. A.R.S. § 39-121,01 (D)(1), (E). 70, A.R.S,§ 39-121.01(D)(1). 71. A.R.S. § 39-121.01(D)(2). 72. See, e,g,, Car/son, 687 P.2d at 1243-1246 (~~a practical alternative to the complete denial of access would be deleting specific personal identifying information, such as names"); see a/so Cox Arizona Pub/ications v, Co//ins, 852 P.2d 1194, 1198 (Ariz. 1993) (finding that the County Attorney violated the Public Records Law by withholding public records without offering to redact portions and producing the rest for inspection). 73. A.R.S. § 39-121.03 (explaining what may be charged for commercial copies). Regular Council Meeting -June 16, 2009 -Page 75 of 92 -14- 74. A.R.S. § 39-121.01(D)(1). 75. Star Publishing Co. v. Pima County Attorney's Office, 891 P.2d 899 (Ariz. App. 1994). 76. Hanania v. City of Tucson, 624 P.2d 332 (Ariz. App. 1980). 77. A.R.S. § 39-121.02(A),(B). 78. A.R.S. § 39-121.02(C). 79. See, e.g., A.R.S. §§ 39-124, 13-2401. 80. See, e.g., A.R.S. § 38-421. 81. See, e.g., A.R.S. §§ 13-2407. 82. Ariz. Att'y Gen. Op. No. I05-04 at 10 ("E-mails that board members or staff generate pertaining to the business of the public body are public records. [citations omitted] Therefore, the a-mails must be preserved according to a records retention program and generally be made available for public inspection."). 83. McQuillin on Municipal Corporations Volume 3, Section 12.67. See also Attorney General Opinion 76-41. 84. Arizona Constitution, Article IV, Part 2, Section 5; Attorney General Opinion 77-221. 85. Arizona Constitution, Article XXII, Section 18. See also A.R.S. § 38-296 and Attorney General Opinion 82-001. 86. Arizona Constitution, Article VI, Section 32. Justice of the peace and magistrate courts are not courts of record and would not be subject to the restriction of Article VI, Section 28 of the Constitution. 87. A.R.S. § 38-296. 88. A.R.S. § 9-304. 89. General Counsel Opinion August 17, 1988. 90. A.R.S. § 11-585. 91. A.R.S. § 41-772. 92. A.R.S. § 38-296.01. 93. Attorney General Opinion 71-32-L. The Attorney General further opined that the State Personnel Commission's jurisdiction extends to all state offices and positions except those specifically exempted by law. See also A.R.S.§ 41-772. 94. Attorney General Opinions 72-20-Land 80-061. 95. Attorney General Opinion 77-221. 96. Attorney General Opinion 80-019; see also Attorney General Opinions 59-30, 75-2-L, and 77-216. 97. General Counsel Opinion December 10, 1965. 98. General Counsel Opinion November 2, 1966. 99. General Counsel Opinion May 26, 1970. 100. A.R.S. § 38-481. Regular Council Meeting -June 16, 2009 -Page 76 of 92 -15- 101. See Graham County v. Buh/, 76 Ariz. 275, 263 P.2d. 537 (1953), and Attorney General Opinion 77-115. 102. Attorney General Opinion 63-75-L. 103. Attorney General Opinion 63-9. See also Attorney General Opinions 54-26, 65-6-L. 104. General Counsel Opinions June 24, 1968 and January 19, 1977. See also Attorney General Opinion 78-71. 105. See Attorney General Opinion 77-138. 106. A.R.S. Title 38, Chapter 3.1, Article 1. 107. A.R.S. § 38-545. 108. See League Municipal Election Manual for forms. 109. A.R.S. § 38-543. 110. A.R.S. § 38-544. 111. A.R.S. § 41-1232.08(B). 112. Attorney General Opinion I00-031. 113. League General Counsel Opinion January 15, 2001. 114. A.R.S. § 41-1231(5). Regular Council Meeting -June 16, 2009 -Page 77 of 92 -16- 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 16, 2009, 7:00:00 PM To: Mayor and Council Item A 5 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Relating to Mayor and Council; selection of Vice Mayor Discussion: Section 2-3-1 of the Town Code sets forth the process for selection of the Vice Mayor by the Town Council. Section 2-3-3 provides that the Vice Mayor shall serve atwo-year term and may be reappointed to an unspecified number of additional two-year terms. On May 31, 2007, the Council selected Council Member Herb Kai to serve atwo-year term as Vice Mayor; thus, Council Member Kai's most recent two-year term has expired. Pursuant to Section 2-3-1, the Town Council shall choose a Vice Mayor from among the Council Members by a majority vote. Any Council Member may make a motion to appoint a certain Council Member as Vice Mayor. The motion must be seconded and then voted upon. The Council will continue making motions until a motion to appoint a Council Member as Vice Mayor is successfully passed by a majority of the Council. Pursuant to Section 2-3-1, the selection of Vice Mayor must take place no later than June 30 following the date of a general election for Town Council. ATTACHMENTS: Naive: Description: Type: No F~ttachments AvailabEe Staff Recommendation: Council's pleasure. Suggested Motion: I move to appoint as Vice Mayor of the Marana Town Council. Regular Council Meeting -June 16, 2009 -Page 78 of 92 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 16, 2009, 7:00:00 PM To: Mayor and Council Item B 1 From: Ginny Huffman ,Chair, Affordable Housing CAC Strategic Plan Focus Area: Community Building Subject: Presentation: Annual presentation to Mayor and Council on the activities of the Affordable Housing Citizen Advisory Commission Discussion: Per Ordinance 2008.15, each Town of Marana Citizen Advisory Commission (CAC) is required to make an annual presentation to the Mayor and Council regarding the Commission's administrative actions, activities, and current issues. Ginny Huffman, Chair of the Affordable Housing Citizen Advisory Commission, will make a presentation to the Mayor and Council. ATTACHMENTS: Name: Description: Type: ^ AHCAC Report to Town Council 06-2009.doc AHCAG Report Backup Maferial Staff Recommendation: Suggested Motion: Regular Council Meeting -June 16, 2009 -Page 79 of 92 l TO: Mayor and Council FROM: Ginny Huffman, Chairperson RE: Affordable Housing Advisory Commission DATE: June 1, 2009 The Affordable Housing Advisory Commission meets on the third Thursday of each month at 6:30 p.m. in the Board Room. Members of the Commission include Ginny Huffman, Chairman, Eloise Brown, Rene Abbett, and Hal Horrigan. Other who have served on the Commission include: Thad Ryan (03/15/2007 - 03/15/2009), Benjamin Godowski (03/15/2007 - 04/16/2009) and Jeff Adragna (03/15/2009 - 04/16/2009). T. VanHook serves as staff liaison and Vice-Mayor Herb Kai is Council liaison to the Commission. There are currently three commissioners and two alternate positions unfilled. 2007 Commission was established in 2007, meeting for the first time on March 15tH 1. During the first meeting officers were elected and terms of office, and meeting times established. In addition, Commissioners established asub-committee to work with staff on the completion of a housing chapter for the 2007 General Plan Update. 2. The Commission established Bylaws and received briefings on the history and status of the Town's affordable housing programs. 3. The 2007 General Plan Update Sub-Committee worked closely with staff to develop goals, objectives, and policy statements for inclusion in the Housing chapter of the update. 4. Three major projects came to light during 2007 including the Owner-Occupied Housing Rehabilitation Program, Honea Heights Redevelopment Project, Employer Assisted Housing, and Marana Builds Habitat initiatives. 5. Other major topics for update and discussion included the FEMA Flood Maps, the establishment of a designated affordable housing funding stream, and housing rehab issues surrounding residents of the Amole Circle Neighborhood. Regular Council Meeting -June 16, 2009 -Page 80 of 92 2008 The Commission worked to establish project priorities and guide staff in the development of projects put forward during 2007. In addition, the Commission monitored changes taking place in area housing markets and participated in community-based forums addressing the growing housing crisis in Arizona. 1. Employer Assisted Housing -Commissioners participated in Homebuyer Education courses provided by the Town of Marana, Tucson Association of Realtors, and Old Pueblo Community Services by approving and delivering curriculum. 2. Honea Heights Neighborhood -The Commission worked with designers from Psomas and hosted three design workshops to solicit input from area stakeholders and potential residents. Members of the Commission worked directly with staff on the development of the Honea Heights Specific Plan. 3. Marana Builds Habitat -Monthly updates on the progress of Marana Builds Habitat were provided to the Commission. In addition, members of the commission participated in fund and friendraising activities in support of the project. Michael McDonald and Danny Knee from Habitat for Humanity -Tucson appear before the Commission on a regular basis to discuss the project. Staff updates included progress reports on both the Hester properties and the Sydney Place plat. 4. Multi-Family Housing (Low-Income Housing Tax Credit) or (Section 202 Supportive Housing for Elderly) -Commissioners met with developers interested in applying for funding to develop a supportive housing project for elderly and disabled residents and discussed the steps necessary to incentivize the development of a project. It was discussed that the Commission did not have the resources necessary to proceed at the time, but would keep the idea of a Section 202 or LIHTC project on the list of priorities should resources come available. 5. State and Regional Housing Issues -Members of the Commission and staff worked with agency representatives from across the State of Arizona to explore the legislative barriers to Towns and Cities establishing housing trust funds and ways to move forward with enabling legislation and a positive nexus to a direct funding source for affordable housing. The Commission heard from Phyllis Lym, HUD Field Office Manager about the status of CDBG and federal housing programs and sponsored a visit from he Arizona Real Estate Commissioner. Members of the Commission attended housing forums and workshops sponsored by the state and various housing advocacy and trade groups. And offered comment on policy changes, directives, and qualified plans produced by the Arizona Department of Housing and Arizona Housing Commission. 6. Marana Strategic Plan -The Commission reviewed and provided comment during the 2008 Strategic Planning process for the Town of Marana. 7. Housing Market -Midyear, the Commission began monitoring foreclosure and housing sale data within the Town. Staff provided monthly updates including Regular Council Meeting -June 16, 2009 -Page 81 of 92 foreclosure statistics and a detailed neighborhood maps. Commissioners attended community workshops and forums discussing the topics and offering resources for the public. 2009 To date, the Commission is continuing to work toward the goals established in 2007 and guide the progress being made on the Honea Heights Redevelopment and Marana Builds Habitat Projects. 1. Marana Builds Habitat - In January, the Commission hosted the Marana Builds Habitat team captain and volunteer training event where more than 75 individuals joined the register to work on the houses. Wall raising was held on DATE. To date, the Commission has raised $2,700 toward its $5,000 fundraising goal for the second house. 2. Honea Heights Redevelopment Project -The Commission directed staff to submit to the Town's Planning Department the Honea Heights Specific Plan. And in addition, request a meeting with the Parks and Recreation Commission for endorsement of the Honea Heights Specific Plan. 3. Housing Recovery Programs -Funding being made available to the State of Arizona through the 2008 Housing Recovery Act and 2009 Stimulus Recovery Programs is being closely monitored with the hope that some funding can be used by residents of the Town. The Commission has requested that staff work with the state and Pima County to see if stimulus dollars can be leveraged by individuals and how the Town can assist in that process. Current Issues: The Affordable Housing Commission has lost three members and is looking to the Mayor and Council to fill those slots and appoint alternates as soon as possible. The Commission is continuing to explore new options for funding programs and monitoring the progress on existing projects. Work Plan for 2009 - 2010 The Affordable Housing Commission will work over the next year as the conduit for public input on the Honea Heights and Marana Builds Habitat Projects and during the development of a comprehensive housing plan. The Commission will continue to develop policy recommendations for the development of single- and multi-family affordable housing and participate on a regional and state level to address foreclosure, project funding, and policy issues as they arise. Regular Council Meeting -June 16, 2009 -Page 82 of 92 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 16, 2009, 7:00:00 PM To: Mayor and Council Item B 2 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-96: Relating to Boards, Commissions and Committees; approving re- appointments to the Planning Commission Discussion: The Planning Commission has three Commissioners that will have their terms expire on June 30, 2009. The current Commissioners; Michael Wiles, Gary Pound and Tina Le Page-Wood have all submitted requests to be considered by the Town Council for re-appointment. If re-appointed the terms of Commissioners Wiles, Pound, and Le Page-Wood would expire on June 30, 2013. ATTACHMENTS: Name: Description: Type: ^ Reso 96 re-appontment.of Planning Commissioners.DOC Resolution Resolution Staff Recommendation: Council's pleasure. Suggested Motion: I move to approve Resolution 2009-96, approving the re-appointments of Michael Wiles, Gary Pound and Tina Le Page-Wood to the Planning Commission with terms ending June 30, 2013. Regular Council Meeting -June 16, 2009 -Page 83 of 92 MARANA RESOLUTION N0.2009-96 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING RE- APPOINTMENTS TO THE PLANNING COMMISSION WHEREAS, Chapter 2-6 of the Marana Town Code gives authority to the Council to create special boards, commissions and committees; and WHEREAS, there exists on the Planning Commission three seats set to expire June 30, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: 1. That Michael Wiles be re-appointed to the Planning Commission with a term to expire June 30, 2013. 2. That Gary Pound be re-appointed to the Planning Commission with a term to expire June 30, 2013. 3. That Tina Le Page-Wood be re-appointed to the Planning Commission with a term to expire June 30, 2013 PASSED AND ADOPTED BY THE MAYOR AND COUNCLi. OF THE TOWN OF MARANA, ARIZONA, this 16th day of June, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -June 16, 2009 -Page 84 of 92 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 16, 2009, 7:00:00 PM To: Mayor and Council From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Item D 1 Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature 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 may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: ^ Bull_etn-#2.1,pdf Bulletin 21 Backup Material ^ Bulletin-#22,pdf Bulletin 22 Backup Materia! Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -June 16, 2009 -Page 85 of 92 IN THIS ISSUE Session Update ................................ l Democrats Release Budget Proposal ...........................................1 Special Session ................................ 2 Resolutions Reminder .....................2 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@azl eague. org Internet: www.azleague.org Bulletin Issue Zl-May 29, 2009 SESSION UPDATE As the Legislative session crosses the 138-day mark, budget work stalled while the Legislature went into special session to create a school voucher program for special needs children to attend private schools (story below). With that special session now adjourned sine die, we anticipate their focus will be back on a budget. With the end of the fiscal year a month away, we expect to see activity on both the House and Senate budgets, though there is no indication as to how close the two are to being in agreement on how to best solve the state's estimated $3 billion shortfall. The Democrats released their plan this week, which has a $1.17 billion impact on cities and counties (see article below). Governor Brewer is expected to release her own budget proposal shortly. Meanwhile, the Senate continues its moratorium on hearing any policy bills, other than those pertaining to the budget or stimulus funds. The House has passed several bills that now await a hearing in the Senate, though President Bob Burns (R- Peoria) has said several times that House bills will not be heard in the Senate until the body has a chance to hear its own members' bills. As the budget debate gets more heated and the session drags on, it remains to be seen if legislators will stay around for work on policy bills after the budget is complete. DEMOCRATS RELEASE BUDGET PROPOSAL On Thursday, the Democrats in the Legislature released their version of a budget proposal, with city and county revenue sharing funds making up a key component of balancing the state budget. According to the Democrats' press release, the proposal: • utilizes federal stimulus dollar available to Arizona; implements cuts across state government, including reverting the balance in the House of Representatives' slush fund; • restores funding to education and social service programs; and • generates new revenue, while holding cities, towns and counties harmless from loss of shared revenue. The details of the last point cause cities and towns consternation. During discussions League staff had with Democratic staff, we learned that the proposal "borrows" about $300 million of cities' revenue sharing with a promise to pay the amount back in the future with interest. They also propose to expand the current sales tax base to tax certain services, thereby expanding options for cities and towns to adjust the model city tax code to tax the same services. This expanded base, in their opinion, makes up for the loss of our revenue sharing. While we appreciate working with legislators and staff from both caucuses on budget proposals, the League must stand opppposed to any provisions that will do immediate harm to the finances of cities and towns. The Democrat Regular Council Meeting -June 16, 2009 -Page 86 of 92 May 29, 2009 Democrats Release Budget Proposal (contd.) budget proposal jeopardizes city revenues in the upcoming fiscal year by taking revenue sharing funds and forcing cities to rely on a brand new sales tax base (assuming city and town councils would choose to adopt the new tax code options), as well as attempting to bypass constitutional protections for revenue sharing in the future. Because of these reasons, we must oppose this budget proposal, but look forward to continuing our dialogue with the Legislature and hope to come to a mutually advantageous solution. SPECIAL SESSION Much of this short work week was devoted to a special session dealing with tuition tax credits. In March, the state Supreme Court found the original voucher program for disabled and displaced students unconstitutional. Late last week, the Governor called the Legislature into special session to make statutory changes to address the issue. The new legislation creates a corporate income tax credit and an insurance premium tax credit for contributions to a School Tuition Organization (STO) that provides scholarships or grants for disabled students or children in foster care homes. The new tax credit passed along party lines on Wednesday and was sent to the Governor the same day. RESOLUTIONS REMINDER We sent out the Resolutions packets last week, both in hard copy and electronically. Here are important upcoming dates: ^ June 19 -Resolutions Training Session (1:30 PM at the League) ^ June 26 -Deadline for mayors to officially accept appointment or designate a co representative to serve on the Resolut' Committee ^ July 10 -Deadline for resolutions to submitted to the League office by 5:00 PM If you have any questions, please contact Wiebusch at 602-258-5786 dwiebusch~ azleague.org. Regular Council Meeting -June 16, 2009 -Page 87 of 92 uncil ions be Dale or The Weekly Spotlight - Representative Cecil Ash This week, we focus on Representative Cecil Ash (R -Mesa). Born in the city he now represents, Mr. Ash grew up on a cattle ranch in southeastern Arizona. After attending a semester at BYU and a semester at U of A, he served a 27-month mission for his church in France, from 1968 to 1970. After his mission, he returned to college and received a Bachelor of Science degree in Psychology, cum laude from Brigham Young University in 1973. He earned a Juris Doctor degree from ASU in December of 1976. He was engaged in private practice in Mesa for two years, before accepting a position as a legal advisor to the Director of the Arizona Department of Public Safety in November 1978. In 1983, he returned to private practice in Mesa with an emphasis in real estate. He held an Arizona real estate broker's license from 1980 to 1993. In 1985, he purchased the first Arizona franchise for Help-U-Sell Real Estate and operated as its broker for the next four years. He was part of a family partnership that purchased and developed Viewpoint RV & Golf Resort, a 334-acre, 2,000-space RV resort in east Mesa. Following the sale of his Help-U-Sell franchise, he accepted a position with the Maricopa County Public Defender's office from 1990 to 1995, where he engaged in criminal defense work, handling everything from DUI's to first degree murder cases. In 1995, following the death of a brother, Mr. Ash took over management of the family RV and golf resort business, which continued until the resort was sold in 2004. With the sale of the family business, he began devoting more time to political issues. He has been a precinct committeeman for the Republican Party since approximately 1994. His wife, Linda, was a delegate and he was an alternate to the Republican National Convention in New York City in 2004. 2 May 29, 2009 The Ashes had been affiliated with United Families International (UFI) for several years. This is a charity that endeavors to preserve family values in society. In the fall of 2004, UFI requested the Ashes to represent the organization for six months at the United Nations, monitoring language in UN documents and at UN conferences. The Ashes have been married for 34 years and have five children. With four boys, all of whom became Eagle Scouts, he has been involved in the Boy Scouts from 1981 until 2001. He served on the Parent Advisory Council of Franklin Junior High School, was a charter member of the Mesa Sunrise Rotary Club and in 1994, a member of the Rotary Club's International Exchange Group, and spent six weeks in the Burgundy province of France. His legislative assignments include Vice Chair of the House Judiciary Committee, and membership on the Banking and Insurance and Public Employees, Retirement and Entitlement Reform Committees. What prompted you to run for the Legislature? From 2005 to 2007, my wife and I volunteered for United Families International at the United Nations. Our purpose was to monitor language in the UN documents and encourage family friendly policies. We lived in NYC for two and a half years, about four blocks from the UN. While there, I realized that the UN is corrupt, and that positions and policies of the UN were that way because not enough people opposing those positions had become involved in the UN. Upon our return to Arizona, I saw that the state was facing a financial crisis and other serious problems. I determined that rather than sit on the sidelines and complain, I needed to get involved. I have worked for government, charitable organizations and in private industry. I have been an employee and an employer. I have practiced law and been in business. I felt that my experience, background and training, coupled with my retired status, would be assets in working at the Legislature. What's your proudest legislative achievement? For new members, what do you hope to accomplish? For five years, I worked for the Office of the Maricopa County Public Defender. It was my experience that we are incarcerating a great many people who don't belong in prison or at least in prison for as long as they are being sentenced. In addition, we are not rehabilitating the incarcerated with positive educational experiences to deter recidivism. Our mistakes in this area are made at great cost to the s'.~a'TYB~P~@4?~ft"~s ~i'8~j~°r`ha~ g~~nd fiscal policy; it is a matter of fundamental fairness to citizens of this free land. We should not take away freedom capriciously, or unfairly. I hope to make a difference in this area. How can the state government and local governments be better partners? Legislators and local government officials need to communicate regularly so that an empathetic appreciation for the challenges each faces is understood. As in any relationship, communication is the key. We are all residents of this country, this state, and our own local governments, with shared interests for our joint success. Understanding one another's challenges and limitations will help us work together. What kinds of things do you do to relax favorite music, books, etc? A man went to a psychiatrist's office and complained, "I keep having recurring dreams that I'm a wigwam, and atee-pee. What could be the problem?" The psychiatrist said, "That's easy. You're two tents." I read jokes to relax. But I'm really not relaxed unless I'm tense. 5o I read books on politics and economics so that I can keep up on things and not get too relaxed. Friday nights are sacred for my wife and me. We like to go to the movies and then out to eat. For variety, sometimes we go out to eat and then go to the movies. As far as music is concerned, I like classical music best. It's the music you keep listening to, waiting to hear a tune now and then. Thank you for your time. You're welcome. May 29, 2009 IN THIS ISSUE Session Update ................................1 Legislature Adopts Harmful Budget ............................... l Resolutions Reminder .....................2 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: 1 eague @azl eague. org Internet: www.azleague.org Bulletin Issue 22-June 5, 2009 SESSION UPDATE Now things are getting interesting. Legislative leadership worked hard to muster enough votes to get a budget through both chambers this week, although its fate remains totally uncertain (see story below). The Governor has repeatedly threatened to veto the budget and the Senate President indicated he may not even transmit the budget bills to the Governor immediately. What is certain is that the Legislature and the Governor have 25 days, including weekends, to enact a budget for the next fiscal year. Cities and towns stand ready to help any way we can. Holding to his promise, Senate President Robert "Bob" Burns (R-Peoria) finally allowed bills to move in the Senate now that the Legislature passed a budget. Senate committees begin meeting to hear Senate bills next week. Unlike the budget bills, all other bills do not have a time frame in which they must be completed. Capitol observers think the Legislature will be holding committee hearings well after the July 4~' holiday in order to finish the session. This seems likely given that Senate hearings of Senate bills will take two weeks; at least another week will be spent for House and Senate committees to hear each other's bills; then conference committees to reconcile amendments will take at least another week. On the plus side, the capitol area should provide a nice view of the fireworks. LEGISLATURE ADOPTS HARMFUL BUDGET After nearly five months, legislative leadership garnered the votes to pass a budget package for the upcoming fiscal year, which starts July 1. This budget was largely spurred by the release of Governor Brewer's budget proposal on Monday. Her budget proposal consists of a one cent sales tax increase, as well as longer term tax reforms and significant spending reductions. Additionally, the Governor's budget proposal does not push the state's problems onto local governments, nor does it contain detrimental policy decisions like a moratorium on impact fees. Given this, the League Executive Committee voted unanimously to support the Governor's budget; the Committee's resolution and President Dunn's transmittal letter are attached. Unlike the Governor's plan, the leadership budget directly impacts the finances of cities and towns. The most concerning provisions are: Senate Bi111036 • $42M cut to the cities' portion of the Vehicle License Tax (VLT), which is to be used to fund basic state aid for education. This is a poorly disguised attempt to avoid Proposition 108, which says changes in shared revenue distribution formulas to increase the state's General Fund require a 2/3 vote. The League sought a legal opinion on this issue from Perkins Coie, which is attached for your use. Regular Council Meeting -June 16, 2009 -Page 89 of 92 June 5, 2009 Legislature Adopts Harmful Budget (contd.) • Cities and towns may use their impact fee fund balances to replace the lost VLT revenues. Using a fee as a tax is fraught with many legal issues, both at the state and federal levels. The League also asked for a legal opinion on this issue from Squire, Sanders and Dempsey; it is also attached for your use. Even if using these fees as city general fund monies was legal, it still does not account for the fact that cities and towns are responsible for creating that infrastructure. If impact fees do not pay for it, then general tax dollars will. Senate Bill 1035 • A three-year moratorium on the collection of ALL impact fees. • Severe limitations on the types of infrastructure for which impact fees can be used. • A three-year moratorium on new building codes for plats/plans approved before June 1, 2009. • A three-year moratorium on construction sales tax increases unless approved by the voters. Despite our adamant opposition and working with members to voice our grave concerns with these provisions, legislative leadership was able to get enough members to pass the bills. Many members indicated to us that they had deep reservations about leadership's budget, but went along to keep the process moving. Still, some members stood up for cities and towns. Our many thanks to Senator Paula Aboud (D - Tucson) for running a floor amendment to remove the impact fee provisions and to Senator Meg Burton Cahill (D -Tempe) for staying until the wee hours of the morning and making our concerns known on the record. Senators Carolyn Allen (R-Scottsdale) and Jay Tibshraeny (R-Chandler) told leadership they were opposed to the budget and refused to participate in the session. We also thank Representatives Chad Campbell (D - Phoenix), Steve Farley (D -Tucson) and Daniel Patterson (D - Tucson) for challenging these provisions on the House floor. All House Democrats voted against the budget as did Reps. Vic Williams (R-Tucson), Bill Konopnicla (R-Safford) and Doug Quelland (R-Phoenix). It is our understanding that this budget will be held in the Senate rather than transmitted to the Governor for her action, likely due to the widespread prediction that she would veto the package. Although this is not completely un^~?recedented, Rules attorneys indicate t~~4"L~fe~Rii'~~~ "i`h9 e~~4~~~il~~e Pt~~h5~~4~zi to the 2 Governor. Regardless, we urge both the Legislature and the Governor to begin serious negotiations very soon. It is critical that you contact your legislators and the Governor's office to express your concerns about these provisions and how they will impact your community. We encourage you to let your citizens know these impacts and encourage them to contact legislators as well. If the League can assist you in any way, please contact any member of legislative staff at 602-258-5786. RESOLUTIONS REMINDER Both hard copy and electronic versions of the Resolutions packets have been distributed. We will continue to send out reminders in the Bulletin throughout the legislative session. Upcoming dates: ^ June 19 -Resolutions Training Session (1:30 PM at the League) ^ June 26 -Deadline for mayors to officially accept appointment or designate a council representative to serve on the Resolutions Committee ^ July 10 -Deadline for resolutions to be submitted to the League office by 5:00 PM If you have any questions, please contact Dale Wiebusch at 602-258-5786 or dwiebusch(a~azleague.org The Weekly Spotlight - Representative Nancy Young Wright This week, we focus on Representative Nancy Young Wright (D - Oro Valley). She was appointed to serve as District 26's Representative in January 2008. She was elected to the seat in 2008. Ms. Young Wright ~ I ~ l ~' ^ served on the' Amphitheater Unified School District Board from 1997-2007, and was the board's president from 2002-2004. While at Amphitheater, she led efforts to return First Amendment rights to the district via an open "Call to the Audience" and she worked to institute a voluntary rooftop fee for developer June 5, 2009 donations for school construction needs. In 2000, she worked with legislators to revise the open meeting law and to end so-called "Evergreen" rollover contracts for school administrators. She has been active in politics for most of her adult life, working on the local and national campaigns of several candidates. She served as a member of the Pima County Sonoran Desert Conservation Plan Steering Committee, chaired the "Buffers" conservation group from 1996-1999, and was active on a number of land use issues such as Honey Bee Canyon and Canoa Ranch. The representative is also a member of the LD 26 Democratic Committee and is a Precinct Committeeperson for Precinct 346. Representative Young Wright was the liaison between Pima County Management and the SEIU Labor Union on the "Innovation and Quality" labor/management pilot project in fall 2007. From 2004-2007, she was the executive director of ArtsReach Writing Program, a literacy outreach directed to Native American and Latino students in southern Arizona. Prior to this, she spent nearly 20 years as a community volunteer for activities involving her children. She is the former Girl Scout Leader for Troop 157, as well as the past president of the Oro Valley Neighborhood Coalition. From 1993-1996, she served as chair of the Tucson Parks Board. A passionate advocate of animals, the representative has volunteered since 2007 with the Animal Rescue Foundation (ARF) to assist with adoptions at the Pima Animal Care Center in Tucson. A native of New Mexico, Ms. Young Wright has been a Tucson resident for 28 years. Her MFA is from the University of Arizona; her BA in Journalism is from New Mexico State University. She is married to Allen Wright, and they have two college-age daughters, Erin and Kelsey. They share their Oro Valley home with three cats, two dogs, and a senior citizen horse. She is a freelance writer who has been a strong advocate and champion of education, the environment, the arts and the humane treatment of animals. Her awards include: YWCA Women on the Move, 2007; Arizona Newspapers Association Freedom of Information Award, 2001; Arizona School Board Association, Associates of Boardmanship, 2002; Greater Tucson Leadership Graduate, 1996; and Harelson Elementary Bobcat Spirit Award, 1990. Her legislative assignments include being a member of the Education and Water and Energy Committees. Regular Council Meeting -June 16, 2009 -Page 91 of 92 What prompted you to run for the Legislature? I wanted to represent District 26 as a state legislator because I believe in, support and want to protect public K-12 and university education. I responded to folks from my district in the education community who knew of my work as a 10-year member of the Amphitheater school board and my work with community members. Their hope, which I try to honor each day, is that I will work as hard in Phoenix as I did back home for our schools. What's your proudest legislative achievement? For new members, what do you hope to accomplish? I am proud to have three bills heard this year. My focus for the future is improving our public education system and protecting education in Arizona from deep budget cuts. Most sources agree that Arizona education already is ranked 49th or 50th in funding. This sends the wrong message to businesses and to families who might consider locating here, which would in turn boost the economy. Our students deserve the tools to allow them to be competitive on the global level. I'd also like to work on a sustainable water supply for our state, and to promote a greener and more economic energy future. How can the state government and local governments be better partners? We could take the time to get to know one another better and to understand each other's roles, particularly in regard to the budget. What kinds of things do you do to relax favorite music, books, etc? I enjoy hiking, walking my dogs, and being with friends and family. I like just about all kinds of music, from Rat Pack tunes to The New Christy Minstrels to Johnny Cash, and Jimmy Cliff. I have everything issued by Jimmy Buffet. My daughters also make compilations of more contemporary music in an effort to keep me current. 3 June 5, 2009 I love to read and we have a wealth of great authors right here in Arizona. I recommend works by Richard Shelton, Charles Bowden, Ann Woodin, Susan Lowell and Barbara Kingsolver, who are all from southern Arizona. Anita Shreve and Ann Rivers Siddons are prolific writers that I enjoy. I read Stephenie Meyer's "Twilight" series this spring; in part to see what the buzz was all about and also because she lives here in the Phoenix area. It's always great to see a creative writing major make such a smashing commercial success! Thank you for your time. Thank you. Regular Council Meeting -June 16, 2009 -Page 92 of 92 June 5, 2009