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HomeMy WebLinkAbout02/01/2011 Council Agenda Packet AAN MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 1, 2011, 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. A s a courtesy t o others, pleas turn off or -pu in silent mode all pagers and cell P 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 Meeting 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 Regular Council Meeting - February 1, 2011 - Page 1 of 60 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. Agenda 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, January 31, 2011, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCEANVOCATION/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. No electronic capability will be provided by the town beyond existing voice amplication and recording (for DVD, CD Rom, USB drives, etc.) 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. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS 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. Regular Council Meeting - February 1, 2011 - Page 2 of 60 C 1: R esolution No. 2011 -12: Relating to Recreation; approving and authorizing the Mayor to execute the first amendment to the intergovernmental agreement between the Arizona Game and Fish Commission and the Town of Marana defining and regulating hunting areas with the Town of Marana (Jane Fairall) C 2: Minutes of the January 18, 2011 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: R esolution No. 2011 -13: Relating to Administration; approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the PGA TOUR, Inc., for event costs relating to the World Golf Championships Accenture Match Play Championship tournament (Josh Wright) A 2: R esolution No. 2011 -14: Relating to Mayor and Council; scheduling a February 9, 2011, joint study session with the Oro Valley Town Council (Jocelyn Bronson) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Business Regulations; discussion and direction regarding proposed amendments to Title 9 (Business Regulations) of the Marana Town Code, regulating massage establishments, establishing licensing requirements and related fees, establishing requirements for massage establishment facilities, designating unlawful activities and establishing criminal penalties for violations (Jane Fairall) D 2: Lie isl Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies (Gilbert Davidson) 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 (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 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, Regular Council Meeting - February 1, 2011 - Page 3 of 60 � Title 2, Chapter 2 -4, Section 2 -4 -2 B) ADJOURNMENT Regular Council Meeting - February 1, 2011 - Page 4 of 60 AL AANA rows O ftow" , 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 1, 2011, 7:00:00 PM To: Mayor and Council Item C 1 From: Jane Fairall , Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2011 -12. Relating to Recreation; approving and authorizing the Mayor to execute the first amendment to the intergovernmental agreement between the Arizona Game and Fish Commission and the Town of Marana defining and regulating hunting areas with the Town of Marana Discussion: In July 2010, the Town Council approved an intergovernmental agreement (IGA) between the Arizona Game and Fish Commission and the Town which defined those areas within the Town limits which are open to hunting with firearms and those areas which are closed. The IGA included a map which detailed the closed and open areas. After execution of the IGA, staff became aware that a portion of the land known as the Tortolita Preserve was included as an area open to firearms hunting. However, pursuant to a Habitat Preservation Agreement entered into by and among RedHawk Marana, LLC, Rita Land Corporation and Cottonwood Properties, Inc., and the Town of Marana and the United States Fish and Wildlife Service in 2000, the use of firearms is prohibited in the Tortolita Preserve. The proposed first amendment to the IGA amends the map so that the area of the Tortolita Preserve which was defined in the original IGA and map as open to hunting with firearms will now be closed. Financial Impact: None ATTACHMENTS: Name: Description: Type: E] Reso re_amendment_Game_ and Fish IGA (00024825). DO Resolution Resolution 0 Amendment G F re. hunting_areas_(00024786).DOC Exhibit A Amendment One to IGA Exhibit ❑ Revised (00024065).PDF Exhibit Al to IGA map Exhibit Regular Council Meeting - February 1, 2011 - Page 5 of 60 Staff Recommendation: Staff recommends approval of the first amendment to the IGA between the Town and the Arizona Game and Fish Commission. Suggested Motion: I move to adopt Resolution No. 2011 -12, approving and authorizing the Mayor to execute the first amendment to the intergovernmental agreement between the Arizona Game and Fish Commission and the Town of Marana defining and regulating hunting areas with the Town of Marana. Regular Council Meeting - February 1, 2011 - Page 6 of 60 MARANA RESOLUTION NO. 2011-12 RELATING TO RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EX- ECUTE THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BE- TWEEN THE ARIZONA GAME AND FISH COMMISSION AND THE TOWN OF MARANA DEFINING AND REGULATING HUNTING AREAS WITHIN THE TOWN OF MARANA WHEREAS the Arizona Game and Fish Commission has authority to regulate hunting under A.R.S. § 17 -231 (A)(3) and to execute agreements under A.R.S. § 17 -231 (B)(7) and the Town of Marana has authority to approve and post recommended hunting areas under A.R.S. § 13- 3107(C)(3); and WHEREAS in 2010, the Town of Marana and the Arizona Game and Fish Commission en- tered into an intergovernmental agreement for the purpose of defining and regulating hunting areas within the Town of Marana; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to amend that agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the first amendment to the intergovern- mental agreement between the Arizona Game and Fish Commission and the Town of Marana, at- tached to and incorporated by this reference in this resolution as Exhibit A, and the Mayor is hereby authorized to execute it for and 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 intergovernmental agreement as amended. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA- RANA, ARIZONA, this 1 St day of February, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 1, 2011 - Page 7 of 60 {00024825.DOC /J FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA GAME AND FISH COMMISSION AND THE TOWN OF MARANA This First Amendment to the intergovernmental agreement for defining and regulating firearms hunting areas within the Town of Marana (this "Amendment ") is entered into by the Town of Marana, an Arizona municipal corporation ( "Town') and the Arizona Game and Fish Commission, an Arizona state agency ( "Commission "). Town and Commission are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Part " Y• RECITALS A. The Parties entered into an intergovernmental agreement for defining and regulating firearm hunting areas within the Town of Marana (the "Original IGA "). The Town approved the Original IGA via Marana Resolution No. 2010 -69 on July 20, 2010. The Commission executed the Original IGA on September 9, 2010. B. A map detailing areas open and closed to hunting with firearms within the Town of Marana was attached to and incorporated by reference into the Original IGA as Exhibit A ( "Original Exhibit A "). C. Original Exhibit A provided that a portion of the land known as the Tortolita Preserve was included as an area open to firearms hunting; however, pursuant to paragraph 2(h) of a Habitat Preservation Agreement entered into by and among RedHawk Marana, LLC, Rita Land Corporation and Cottonwood Properties, Inc. and the Town of Marana and the United States Fish and Wildlife Service, which was recorded in the office of the Pima County Recorder on November 3, 2000 at Docket 11418, Page 1876, the use of firearms is prohibited in the Tortolita Preserve. D. The Parties now desire to amend the Original IGA to close to hunting with firearms that area of the Tortolita Preserve which was defined in Original Exhibit A as open to hunting with firearms. AGREEMENT Now, THEREFORE, in consideration of the mutual promises made in this Amendment, the Parties agree as follows: 1. Incorporation of the Recitals The foregoing Recitals are incorporated here by this reference. 2. Definition of Firearms Hunting Areas Original Exhibit A is hereby replaced and superseded by Exhibit A1, attached to this Amendment and incorporated in and fully made a part of the Original IGA by this reference. Subject to the requirements and provisions of Arizona state law and the Town of Marana Code, the areas of unoccupied and open space within the Town of Marana, labeled as "Open" on Exhibit Al, are recommended as hunting areas by the Commission and are approved as such by the Town and shall remain open to the discharge of firearms by properly licensed hunters pursuing wildlife during an open hunting season. All those areas identified as "Closed" in Exhibit Al are specifically designated as areas where hunting Regulj6 &NPA "Wipe - February 1, 2011 - Page 8 of 60 _ 1 - 1/18/2011 with firearms is prohibited. The Town and the Department shall coordinate the placement of signs and the provision of notice regarding the areas identified under this Agreement. 3. Other terms Except as modified by this Amendment, all terms and provisions of the Original IGA shall remain in full force and effect and shall apply to this Amendment. 4. Counterparts This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the counterparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 5. 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. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last Party's signature date below. The "Town ": The "Commission ": THE TOWN OF MARANA, ARIZONA GAME AND FISH COMMISSION, an Arizona municipal corporation an Arizona state agency Ed Honea Larry D. Voyles Mayor Secretary to the Commission Director, Arizona Game and Fish Department Date Date ATTEST: Jocelyn Bronson, Town Clerk Regulj6 MWipp - February 1, 2011 - Page 9 of 60 -2- 1/18/2011 CERTIFICATION BY LEGAL COUNSEL The foregoing First Amendment to Intergovernmental Agreement between the Town of Marana and the Arizona Game and Fish Commission is in proper form and is within the powers and authority of each Party hereto granted under the laws of the State of Arizona to such Party. Attorney for Date Arizona Game and Fish Commission Attorney for Date Town of Marana Regul j6RpA"� HWipp - February 1, 2011 - Page 10 of 60 -3- MA REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 18, 2011, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member : g Patti Comerford, Council Member - Carol McGorray, CouncilMeffiber Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL �41 64G CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order ={:59 p.m. Town irk Bronson called roll. All members were present except Council Member, Ziegler, wlnt was excused. There was a quorum present. PLEDGE OF ALLEGIANCEIINVOCATION/MOMENT OF SILENCE Led by Mayor Honed::: APPROVAL OF-AGENDA Motion to, Ao ri we moved by Council Member McGorray, second by Council Member Clanagan. Motion ckr d unanimously. CALL TO'''ME PUBLIC , Josh Wright, introduced Mr'Bob Flatley, Coolidge City Manager, and Jimmy Jayne, Navajo Countyeager *6'M Holbrook. Mr. Flatley noted that this was a surprise for Gilbert Davidson 'seed that Gilbert was being recognized for the achievement of receiving his credential= as a certified municipal manager. He stressed that continuing education is critical for city and town managers, and that Gilbert excelled in the educational component for this achievement. Mr. Jayne, current president of the city manager association in Arizona. There are 92 cities and towns in Arizona that are in the forefront across the country for having professional managers. He also noted that Gilbert will be taking the reins as the president of the association in April. He further noted that Gilbert is considered an exceptional leader and a genuinely good person. He is one of 32 managers in Arizona to have received the certified manager designation. Gilbert will be leading a team in 2011 for hosting the national association conference in Arizona in 2012. Mr. Davidson expressed his appreciation for the honor and for both Mr. Flatley and Mr. Jayne to come so far to make their remarks. Regular Council Meeting - February 1, 2011 - Page 12 of 60 1 January 18, 2011 Council Meeting Minutes PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Vice Mayor Kai stated that he had attended a bi- partisan press conference for Southern Arizona's elected leaders at the local, state and federal level. The focus was to state that they promote civil discussion on all issues faced in this region at all levels of government. This came about due to the shooting that occurred on January 8 involving Rep. Gabrielle Giffords. The nation is looking at the Tucson region and Arizona to take the lead in this endeavor. Mayor Honea also spoke to the events that occurred over the past week regarding the Congress on you Corner event and the aftermath. He noted how everyone seemed to come together in the past week. He specifically noted the character shown by Ron Barber and others who attended the funerals of those killed in spite of their own injuries. He thanked the Marana PD as well as others for their first responder efforts. He and Council Members Clanagan, Ziegler and Comerford, as well Mrvidson and Keith Brann attended the event on January 12 at UA when Fr sid nt Obam end other dignitaries spoke to the tragedy. He noted how we1forga I ized it was in'such a short amount of time and how it brought people together to make good out of a�bad, and continue to move forward. MANAGER'S REPORT: SUMMARY OF CURRENT XENTS Mr. Davidson thanked Council for the honor given to him t e4mer and noted that the Council Executive Report for the past mori has been delivered for Council review. PRESENTATIONS P 1: Relating to Finance, DisUnguished Bud,gef Presentat on Award for the Town's fiscal year 2010 -2011 Annual "Budge "and Financial Plan Mr. Davidson recognii6d outstanding contribution of Erik Montague's leadership and that of the ,Finance D' lffiehf l er leis direction which enabled the town to again receive the "Croverntnent Finainz ,Officers" "Association Distinguished Budget Presentation Award —'this time for 1 X 10- 1 ti,,M r. Montague remarked that he appreciated the special recognition that his depattmJ, ent is receiving. He further noted that this type of award would not =li possible witho ut the overall vision of Mayor and Council in their valuing transparency avid accountability. He further thanked the Manager for his support and direction in id6' if ying the,eore principles that framed the budget process as well as the Herculean effort ofthe General Managers, department heads and others to identify solutions to the fiscal"Aa llenges that the town faced to maintain services for the citizens. He also recognized Meghan Doherty, the town's Finance Manager, who played a key role over the past year in developing not only the current budget but also processes and improvements behind the scenes which are critically important to the organization. He said that he and his department look forward to providing similar levels of service in the future. P 2: Relating to Police; special recognition of exemplary service by the Marana Police Department Chief Rozema noted that over the Christmas holiday a number of officers responded to a Regular Col - or uar y age Initcame to their attention that the family didn't have the 2 January 18, 2011 Council Meeting Minutes c � "s sEy53ESp %m ' ¢ Qi � CO o c G1 O 3S5��ed °E8� ;w4 rn w rr11 j = O EE Ss r 3 " pp LL I I I I I I I I � • l I • •1 I t O , (6 d `y LL I O I I opportunity to have a Christmas because of whatever their situation was. When the officers left, they felt that they wanted to do something for the kids at the home. They went to Wal -Mart and talked to some of the employees about the situation. This shows not only the quality of the officers but the relationships that have been built in the community, especially the Wal -Mart Corporation and an employee, Cory Evans, who works in loss prevention. When he learned what the officers were trying to do for the family, he and other members of the Wal -Mart staff put together clothes and a tree for the family. The officers reached into their own pockets and donated money for toys for the kids. What the officers represent are law enforcement professionals who are as concerned with enforcing laws and peace, but also concerned about the members of the community. It demonstrates clearly the compassion that our officers have for this community and speaks volumes of the quality and caliber of individals we have working for our organization. Not all of them could be here, but he identified Sgt. Jeff Pridgett, who also was just named the Officer of the Year for the Song ofthe American Revolution. Also introduced were Officers Brandt Smithy Gerrie l `i and Sgt. Chris Warren. There were other officers involved in the projecf but unabldto,,attend tonight's meeting including Officers Jayme Dozier, Mellssa:arkin Mike Holbo day Kennedy and Brad Clifford. Mayor Honea commented that people think of pofkl e- officers as people who keep us safe and that traffic's taken care of, but police officers are morns and dads and many live in our community. For those who participated in this project §:it's not only a tremendous reflection on you as police officers, but o the Council and staff as well. CONSENT AGENDA Motion to approve moved by Council Member Post, seci d by Council Member McGorray. Motion carried unoa- imously. C 1: Resolution No 2131 -08: Relating to Parks and Recreation; approving and authorizing the,,Town Manager to itmAetnent,the Management Plan for the Marana parcels adjacent to the Santa °C River and Coachline Boulevard known as the El Rio Open Space Area " C 2 Resolution No. 2011 =ft9: Relating to Development; approving a final plat for Mira Vista Resort d Timeshare.Lots 1 though 3 C 3: _Resolution 'J4 - 2011 -10: Relating to Utilities; approving and authorizing the Utilities Director to exocute a resource aggregation contract by and among Western Area Power Administration, Arizona Electric Power Cooperative, Inc., and the Town of Marana Utilities Department C 4: Minutes of the January 4, 2011 regular council meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a special event liquor license application submitted by Tucson Conquistadores, Inc., for 2011 Accenture Match Play Championship customer and volunteer appreciation parties, located at 12100 N. Dove Mountain Blvd Regular Council Meeting - February 1, 2011 - Page 14 of 60 3 January 18, 2011 Council Meeting Minutes Presented by Ms. Bronson, who recommended Council approval. Motion moved by Council Member McGorray to recommend approval, second by mice Mayor Kai. Motion carried unanimously. BOARDS, COMMISSIONS AND COMMITTEES BI: Resolution No. 2011 -11: Relating to Boards, Commissions and Committees; appointing Jeff Voss to fill a vacancy on the Utilities Citizen Advisory Commission Presented by Ms. Bronson who recommended Council approval. Motion to approve moved by Council Member Clanagan, second by Council Member Post. Motion carried unanimously. COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION; D 1: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of othe6 slative.todies Josh Wright updated Council on the Governor's proposed budget and gave a brief legislative update. The 50 Legislature cgnvened on January 10. Local governments have done pretty well in the proposed budi ;..-But this is odk =of the equation. The Legislature will come back with its own version of a proposal!, will change and become fluid as the process goes on. Governor Brewer pis,, supportive when it comes to local government and value job that loca , governments do and largely wants to hold local governments harmless 1 ,�'h budget pro ess. Her" er proposal spreads $18.8M across all cities and towns, "froXn a combination of Water Resources fees passed along to ratepayers as well as cuts from 14URF — the highway revenues bonds. The impact to Marana would be, about $66R -4 year , �i ii is fairly good. Again, these numbers may change as„cotinter proposals come forth. ' Vi'ce Mayor Kai asked if the Governor addresst' the shortfalls that are ©utstanding. Mr. Wright responded that she did provide some reied numbers. 'As. of r the ,euhrent year $763.6M is needed to make up the deficit before June 30. For FY `l,il will be about $1.15B. Some of the other entities have not fared as well=s cities in toffs. The ACCHCS program and education through K12 are facing steep cuts, 11 EXECUTIVE SESSIONS Motion to go into executive session on items E2 and E3 moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously. Council left the dais at 7:27 p.m. Council returned to the dais at 7:43 p.m. E l: 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: : S Executive Session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), discussion or Regular Co Nle - f ouary "7(I � agey5to16Ue Town's attorneys and discussion and to consider its 4 January 18, 2011 Council Meeting Minutes 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 E 3: Executive Session pursuant to A.R.S. § 38- 431.03(A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the settlement of the lawsuit entitled State of Arizona v. Robert E. Barnes, et al. filed in the Pima County Superior Court as C2008 -4691 Presented by Cedric Hay. Mr. Hay asked for direction to proceeds discussed in executive session in the amount of $961,015 plus statutory mt#est. Motion to approve moved by Council Member Clanagad, second by Council Member McGorray. Motion carried unanimously. FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Clanagar,,second by Council Member Comerford. Motion carried unanimoy. The meeting was adjourned at 7:44 p.m.' CERTIFICATION I hereby certify that th= fforegoin are the true and correct minutes of the Marana Town Council meeting held o Ianuary 1$, 2011. I further certify that a quorum was present. Jocelyn C. Bronson, Tq"Cler�7 Regular Council Meeting - February 1, 2011 - Page 16 of 60 5 January 18, 2011 Council Meeting Minutes rrt �.�N AAN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 1, 2011,7:00:00 PM To: Mayor and Council Item A 1 From: Josh Wright , Assistant to the Town Manager Strategic Plan Focus Area: Not Applicable Subject: Resol No. 201 -13 Relating to Administration; approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the PGA TOUR, Inc., for event costs relating to the World Golf Championships Accenture Match Play Championship tournament Discussion: The PGA TOUR World Golf Championships (WGC) Accenture Match Play Championship tournament has been held annually in Marana since 2007. The event is one of the largest and most prominent golfing events in the world, drawing the top 64 ranked golfers to the community to compete each February. An estimated 60,000- 80,000 people visit Marana to attend the event each year, and television coverage reaches an estimated 463 million viewers in more than 200 countries. While no formal economic impact study of the Accenture Match Play tournament has ever been completed, similar -sized PGA TOUR events around the country have an estimated economic impact of $30 -$60 million for host regions. In an effort to better define responsibilities relating to preparation for and operations during the tournament, Town staff have conducted several meetings with PGA TOUR officials to ensure that the event runs smoothly and efficiently. As a result of these meetings, staff from both organizations have produced a memorandum of understanding (MOU) that commits to writing the responsibilities of the Town and tournament staff in the areas of public safety and traffic control. Specifically, the proposed MOU covers responsibilities and costs relating to preparation of parking areas, traffic control plans and security plans; public safety personnel staffing; traffic operations; and invoicing for services provided. If approved, the MOU will be effective immediately and apply to the upcoming tournament, which will be held February 22 -27, 2011. Financial Impact: Financial impact for the 2011 tournament will not be determined until after the tournament concludes. The cost structure specified within the MOU is consistent with that of previous years in which the tournament was held in Marana. ATTACHMENTS: Regular Council Meeting - February 1, 2011 - Page 17 of 60 Name: Description: Type: O reso accenture_MOU.DOC Accenture Resolution Resolution O accenture_agreement final_unsigned,pdf Exhibit A - MOU Exhibit Staff Recommendation: Staff recommends approval of the proposed MOU. Suggested Motion: I move to adopt Resolution No. 2011 -13, approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the PGA TOUR, Inc., for event costs relating to the World Golf Championships Accenture Match Play Championship tournament. Regular Council Meeting - February 1, 2011 - Page 18 of 60 MARANA RESOLUTION NO. 2011 -13 RELATING TO ADMINISTRATION, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND THE PGA TOUR, INC., FOR EVENT COSTS RELATING TO THE WORLD GOLF CHAMPIONSHIPS ACCENTURE MATCH PLAY CHAMPIONSHIP TOURNAMENT WHEREAS, Marana has hosted the PGA TOUR World Golf Championships Accenture Match Play Championship tournament since 2007; and WHEREAS, the Accenture Match Play Championship tournament attracts tens of thousands of visitors to Marana annually; and WHEREAS, the Accenture Match Play Championship tournament is estimated to have a significant positive economic impact on Marana and the surrounding region; and WHEREAS, the Town and PGA TOUR, Inc., seek to establish written guidelines regarding public safety, traffic control, general operations and event costs for the Accenture Match Play Championship tournament. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. That the memorandum of understanding between the Town of Marana and the PGA TOUR, Inc., attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. That the Town 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 memorandum of understanding. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 St day of February, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 1, 2011 - Page 19 of 60 TOWN OF MARANA AGREEMENT FOR PGA TOUR EVENT COSTS THis AGREEMENT is entered into by and among the Town of Marana, an Arizona municipal corporation, with its principal offices at 11555 West Civic Center Drive, Marana, Arizona 85653 ( "Marana "), and the PGA TOUR, INC., a Maryland corporation, with its principal offices at 112 PGA TOUR Boulevard, Ponte Vedra Beach, Florida 32082 ( "TOUR") acting on behalf of the INTERNATIONAL FEDERATION of PGA TOURS (the "Federation "). Marana and the TOUR are sometimes collectively referred to in this Agreement as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. Marana is an Arizona municipal corporation. B. TOUR has hosted the World Golf Championships - Accenture Match Play Championship, a professional golf tournament, in Marana (the " Accenture Tournament ") since 2007. C. The Accenture Tournament is an important economic development activity for Marana and the surrounding region, and Marana desires to take all reasonably available and prudent actions to retain the Accenture Tournament in Marana for the foreseeable future. D. The Parties desire to create a safe and secure environment for the Accenture Tournament, so that players and visitors can participate and enjoy the event to the fullest extent possible. E. Certain costs incurred by the Parties incidental to the Accenture Tournament have been al- located among the Parties based on an informal agreement for past years' Accenture Tourna- ment. F. The Parties desire to create an efficient and effective way to manage shared responsibili- ties and costs associated with the Accenture Tournament to be held in 2011 and future years that the tournament is held in Marana. AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here as the inten- tions of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Marana's Responsibilities. Marana shall have primary responsibility for and shall pay all costs associated with the following activities related to the Accenture Tournament: a. Traffic control planning and monitoring, including plans preparation and emergency preparedness planning. SAAgmt LDB \WGC\Accenture\Marana Traffic & Security Agreement 2011.DOC Regq @66i *H"i9p - February 1, 2011 - Page 20 of 60 _ 1 - 12/23/2010 4:05 PM FJC b. Policing of and security for all of the following: i. All public roadways and intersections up to and including the Dove Mountain Boulevard roundabout outside the Ritz Carlton Dove Mountain main entrance, including without limitation all Tangerine Road access points to Dove Mountain, the Thornydale Road/Tangerine Road intersection, and the Interstate 10/Tangerine Road Interchange, ex- cept the "Dos Lagos" security checkpoint located approximately at the intersection of Dove Mountain Boulevard and Silent Sky Place /Sonoran Links Lane. ii. The General Parking Lot, the location of which shall be mutually agreed upon in writing by the Parties at least one hundred twenty (120) days prior to the Accenture Tour - nament in each year commencing with the 2012 Accenture Tournament. In the absence of such mutual agreement, the General Parking Lot shall be in the same location as the pre - vious year. 2. TOUR's Responsibilities. The TOUR shall have primary responsibility for and shall pay all costs associated with the following activities related to the Accenture Tournament: a. Ordering, acquisition, and installation of temporary traffic control devices reasonably required by the Marana - approved Traffic Control Plan for the Accenture Tournament; pro- vided that TOUR shall be permitted to review and have input on the Traffic Control Plan prior to final approval by Marana.; however, Marana shall have final approval authority of the Traffic Control Plan. TOUR represents and Mararia acknowledges that net proceeds from the Accenture Tournament benefit charity impacting Marana and the surrounding regions. Ma- . rana therefore agrees to use commercially reasonable efforts to minimize the cost of required traffic control devices, such as using, when possible, TOUR - provided or - available de- vices /equipment. b. All policing and security costs incurred in connection with player and visitor safety on private roadways and private property, from and including the Ritz Carlton Dove Mountain entrance and throughout the Accenture Tournament site. 3. Accounting and Invoicing. Not later than 120 days after the conclusion of each year's Ac- centure Tournament, Marana shall submit to the TOUR an itemized bill for services provided by Marana that are the responsibility of the TOUR under paragraph 2 of this Agreement, including without limitation the following: a. Reimbursement for the cost of police officers utilized in the private roadways and pri- vate property from and including the Ritz Carlton Dove Mountain entrance and throughout the Accenture Tournament site, based on standard rates of pay (inclusive of all associated in- direct Marana personnel costs), which are currently as follows (subject to change from time to time): i. Town of Marana and all other agencies, except Pima County, Lieutenants: $45 per hour. ii. Town of Marana and all other agencies, except Pima County, Sergeants: $40 per hour. SAAgmt LDB \WGC \Accenture \Marana Traffic & Security Agreement 201 LDOC Regu l " YP19 - February 1, 2011 - Page 21 of 60 -2- 12/23/2010 4:05 PM FJC iii. Town of Marana and all other agencies, except Pima County, Officers: $35 per hour. iv. Pima County Lieutenants: $52 per hour. v. Pima County Sergeants: $45 per hour vi. Pima County Officers: $40 per hour. b. Reimbursement for the cost of police vehicle usage, except those belonging to Marana, at the rates established by the vehicles' respective agencies. c. Reimbursement for other direct Marana - incurred costs, at Marana's actual costs, pro- vided TOUR is notified of and approves such costs in writing in advance. 4. Payment by the TOUR. Within sixty days after the TOUR receives Marana's itemized bill (see paragraph 3 above), the TOUR shall pay all undisputed amounts and shall provide written objection to any itemized cost the TOUR believes does not fall within its responsibilities under paragraph 2 of this Agreement. 5. Regulatory Compliance and Approvals. Each party shall at its own expense comply with all applicable Federal, State and local laws, rules, and regulations in connection with its obliga- tions under this Agreement. 6. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Accenture Tournament, Marana and the TOUR each shall designate and appoint a representative to act as a liaison between Marana and its various departments and the TOUR. The initial representative for Marana shall be the Marana Town Manager, and the initial representative for the TOUR shall be the TOUR's Executive Director or a replacement to be selected by the TOUR. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and their responsibilities in connec- tion with the Accenture Tournament. 7. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: If to Marana, to: Town Manager 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to the TOUR, to: PGA TOUR, INC. c/o Wade Dunagan 103 Championship Way Ponte Vedra Beach, FL 32082 SAAgmt LDB \WGC\Accenture\Marana Traffic & Security Agreement 2011.DOC Regg@b6i%"@iB*eJi 9 - February 1, 2011 - Page 22 of 60 -3- 12/23/2010 4:05 PM FJC i With a copy to: PGA TOUR, INC. Attn: General Counsel 100 PGA TOUR Blvd Ponte Vedra Beach, FL 32082 8. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties pertaining to the subject matter of the Agreement and supersedes all offers, negotia- tions, and other agreements of any kind. All prior and contemporaneous agreements, representa- tions and understandings of the Parties, oral or written, are superseded and merged in this Agreement. 9. No Waiver of Strict Performance. The failure of a party to insist upon a strict performance of any of the agreements, terms, covenants and conditions of this Agreement shall not be deemed a waiver of any rights or remedies that party may have and shall not be deemed a waiver of any subsequent breach or default in any of such agreements, terms, covenants and conditions. 10. Authority to Execute Agreement. The individuals executing this Agreement hereby rep- resent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 11. Non- Severability. The provisions of this Agreement shall not be given effect individually, and to this end, the provisions of this Agreement are not severable. 12. Headings. The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the Agreement's provisions. 13. Further Acts. Each of the Parties to this Agreement shall promptly and expeditiously execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. 14. Amendments. No change or addition is to be made to this Agreement except by a written amendment executed by all of the Parties. 15. Force Majeure. Notwithstanding any other term, condition or provision of this Agree- ment to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material shortages, war, civil distur- bances, weather conditions, natural disasters, acts of God, or other events beyond the control of such Party, the time period provided herein for the performance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events. 16. Attorneys' Fees. In the event either Party hereto shall commence any civil action against the other to enforce or terminate this Agreement or to recover damages for the breach of any of the provisions, covenants or terms of this Agreement on the part of the other Party, the prevailing Party in such civil action shall be entitled to recover from the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attor- neys' fees incurred in connection therewith. 17. Construction of this Agreement. No failure of Owner to exercise any power given Owner hereunder, or to insist upon strict compliance by Marana with its obligation hereunder, and no SAAgmt LDB \WGC\Accenture\Marana Traffic & Security Agreement 2011.DOC Regu1% .b eY99 - February 1, 2011 - Page 23 of 60 -4- 12123/20104:05 PM F3C 1 custom or practice of the Parties at variance with the terms hereof shall constitute a waiver of Owner's right to demand exact compliance with the terms hereof. I 18. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The i signature pages from one or more counterparts may be removed from such counterparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 20. Effective Date and Duration. This Agreement is effective when it has been executed on behalf of all the Parties and shall remain in effect for as long as the Accenture Tournament con- tinues each successive year to be held in Marana and the cost of police officers is commercially competitive. At least one hundred twenty (120) days prior to the Accenture Tournament in each year commencing with the 2012 Accenture Tournament, Marana shall provide written notice to TOUR of the cost of police officers for such year (detailed as currently shown in Section 3(a)), and TOUR shall have thirty (30) days to respond in writing with acceptance of such rates or, if the rates are not commercially competitive, termination of this Agreement. 21. Termination. Either Party may terminate its participation in this Agreement for any rea- son upon written notice to the other Party at least one hundred twenty (120) days prior to the date of the Accenture Tournament to which the termination shall apply. IN WITNESS WHEREOF, the Parties have duly executed this instrument below. " MARANA" "TOUR" TOWN OF MARANA PGA TOUR, INC. Ed Honea, Mayor Leonard D. Brown, Jr. Date: Senior Vice P esident, General Counsel Date 1 ATTEST: APPROVED Cti W Financial Cif' I'1 a cowsw Town Clerk Date APPROVED AS TO FORM: Town Attorney Date SAAgmt LDB \WGC \Accenture \Marana Traffic & Security Agreement 2011.DOC ReguKWMI - February 1, 2011 - Page 24 of 60 -5- 12/23/2010 4:05 PM FJC -- MA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 1, 2011, 7:00:00 PM To: Mayor and Council Item A 2 From: Jocelyn Bronson , Town Clerk Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: Embedded within the five goals of the Strategic Plan is the underlying need to create and sustain partnerships with neighboring municipalities which can support and help guide the vision of the Strategic Plan. Subject: Resolution No. 2011 -14: Relating to Mayor and Council; scheduling a February 9, 2011, joint study session with the Oro Valley Town Council Discussion: Regional cooperation is integral to planning for economic recovery and regeneration of all communities. To stimulate discussion for responsible planning in northwest Pima County, the town councils of Marana and Oro Valley have expressed a desire to meet together and explore opportunities for partnership. Prime issues for both Marana and Oro Valley are water, tourism and marketing, and the Tangerine Corridor. This study session was previously scheduled for January 12, 2011. Due to the events of January 8, and President Obama's visit to Tucson on January 12, the study session needs to be rescheduled. ATTACHMENTS: Name: Description: Type: O Reso_ rescheduling Joint_ session _with _OV (00024066- 2).DOC — Resolution Resolution Staff Recommendation: Staff recommends Council approval for a joint study session with the Oro Valley Town Council on Wednesday, February 9, 2011, beginning at 6:00 p.m. in the Marana Council Chambers. Suggested Motion: I move to adopt Resolution No. 2011 -14, scheduling Wednesday, February 9, 2011, as the meeting date for a joint study session with the Oro Valley Town Council. Regular Council Meeting - February 1, 2011 - Page 25 of 60 MARANA RESOLUTION NO. 2011-14 RELATING TO MAYOR AND COUNCIL; SCHEDULING A FEBRUARY 9, 2011 JOINT STUDY SESSION WITH THE ORO VALLEY TOWN COUNCIL WHEREAS regional cooperation is integral to planning for economic recovery and regeneration of all communities; and WHEREAS the Town Councils of Marana and Oro Valley have indicated their desire to explore opportunities for partnerships affecting their communities in northwest Pima County; and WHEREAS the Marana and Oro Valley Town Councils are available to meet on February 9, 2011, at the Marana Council Chambers; and WHEREAS the Marana Town Council finds that scheduling a February 9, 2011 joint study session with the Oro Valley Town Council is in the best interests of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that a joint study session with the Oro Valley Town Council is scheduled for February 9, 2011, at the Marana Council Chambers. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 sc day of February, 2011. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - February 1, 2011 - Page 26 of 60 (00024066.DOC /} RN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 1, 2011, 7:00:00 PM To: Mayor and Council Item D 1 From: Jane Fairall , Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Relating to Business Regulations; discussion and direction regarding proposed amendments to Title 9 (Business Regulations) of the Marana Town Code, regulating massage establishments, establishing licensing requirements and related fees, establishing requirements for massage establishment facilities, designating unlawful activities and establishing criminal penalties for violations Discussion: At the Council's March 30, 2010, meeting, the chairman of the Police Citizen Advisory Commission (CAC), Mike Lektorich, presented a recommendation that the Council direct staff to draft an ordinance regulating massage establishments. The Council voted unanimously in favor of Mr. Lektorich's recommendation. Staff prepared the attached proposed massage establishment ordinance and first presented it to the Police CAC in July 2010. At that time, the Police CAC voted to conduct outreach to the business community prior to bringing the ordinance back to Council. The ordinance was distributed to massage businesses within the Town through the Marana Chamber of Commerce. In addition, businesses and the Chamber were invited to take part in a discussion of the ordinance before the Police CAC. Finally, the ordinance was presented to the Business and Economic Development CAC on October 26, 2010, where it was approved and recommended for forwarding to the Council. On November 9, 2010, the Police CAC also voted to recommend the adoption of the proposed ordinance by Council. Previously, the Town Code included a chapter which regulated massage therapists and establishments. However, the State of Arizona assumed regulatory control over massage therapists and the Council repealed the massage business provisions of the Town Code in 2005 in order to avoid conflict with state law. The proposed ordinance will fill the gap created by the 2005 repeal without conflicting with state law. The purposes of the proposed ordinance are to enhance the professionalism of the massage service industry in the Town, protect the health and safety of the Town's citizens and reduce unprofessional practices. The ordinance establishes licensing requirements for both massage establishments and managers of those establishments. The licenses must be renewed each year. Applicants for licenses will be required to provide fingerprints for standard criminal history background checks which will be conducted by the Police Department. The ordinance also Regular Council Meeting - February 1, 2011 - Page 27 of 60 provides for criteria under which a license may be denied, suspended, revoked or non - renewed. In addition, the proposed ordinance provides specific requirements regarding the massage establishment facilities. For example, the ordinance provides signage, indoor lighting and sanitary equipment regulations. The ordinance also provides that representatives of the police department, any other Town department, and any other federal, state or county agency may inspect the establishment when it is lawfully occupied or open for business to enforce the ordinance, a statute or a regulation relating to human health safety or welfare or structural safety. The ordinance also designates activities which are unlawful within the business. These include operating without the appropriate licenses, operating between the hours of 12:00 midnight and 6:00 a.m., engaging in any sexual conduct or inappropriate touching, and using the business as living or sleeping quarters, among other activities. Any violation of the ordinance would be classified as a class one misdemeanor which, pursuant to state law, is punishable by up to six months in jail, $2500 in fines and three years of probation. The ordinance also establishes a number of fees associated with the application and licensing process. Consistent with the Town's philosophy of cost recovery, staff has researched the amount of time and effort that will be expended by Town staff in processing the various applications and forms required by the ordinance in order to recommend fee amounts to the Council. Specifically, staff recommends the following fees: 1. $ 75 - Application fee for massage establishment license 2. $ 25 - Application fee for manager license 3. $100 - First year license fee for massage establishment 4. $ 50 - First year license fee for manager 5. $100 - License renewal fee for massage establishment 6. $ 50 - License renewal fee for manager 7. $ 25 - Massage establishment location change application fee Upon Council direction, these fees will be brought back to Council as an amendment to the Town's comprehensive fee schedule. ATTACHMENTS: Name: Description: Type: ❑ DRAFT Massage_Establishment Ordinance (00021453- 5).DOC — DRAFT Massage Establishment Ordinance Ordinance Staff Recommendation: Staff recommends that Council direct staff to bring back the proposed massage establishment ordinance as well as related amendments to the Town's comprehensive fee schedule for adoption at the February 15, 2011, Council meeting. Commission Recommendation - if applicable: The Police Citizen Advisory Commission recommended approval of the proposed massage establishment ordinance by unanimous vote on November 9, 2010. The Business and Economic Development Citizen Advisory Commission recommended approval of the proposed massage establishment ordinance by unanimous vote on October 26, 2010. Suggested Motion: I move that we direct staff to bring back the proposed massage establishment ordinance as well as related amendments to the Town's comprehensive fee schedule for adoption at the February 15, 2011, Council meeting. Regular Council Meeting - February 1, 2011 - Page 28 of 60 EXHIBIT A TO MARANA RESOL UTION NO 2011 -XX Amendment to the Marana Town Code, Title 9 "Business Regulations, " addition of Chapter 9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.xx Title 9 "Business Regulations" of the Marana Town Code is hereby revised by adding new Chapter 9 -4, as follows: CHAPTER 9-4 MASSAGE ESTABLISHMENTS Section 9-4 -1 Purpose and intent It is the purpose and intent of this chapter to enhance the professionalism of the massage service industry, to protect the health and safety of the public and to assure the integrity of the massage service industry by reducing unprofessional practices. Section 9-4 -2 Definitions The following definitions shall apply throughout ,this ; chapt6 unless the context clearly indicates otherwise. A. "Applicant" means a person who applies for a manager license or a massage establishment license. B. "Client" means an individual who enters in agreement for massage therapy for a fee, income or compensation of any nd. C. "Controlling person" means any trt ividgal who has twenty percent (20 %) or greater interest in the ownership ef,the egs of the business. D. "Designated agent" means the individual designated by the applicant who will be the responsible party to receive tovrrn notices pursuant to this chapter. n E. "Employ" mearis hire, pt to engage or authorize the services of, without regard to compensation, gray individual;; on a full -time, part -time, or contract basis, whether or notAhe pe 66niernplo -ed, hired or engaged is designated an emplgy#e fndependent' pntractor, or 'sublessee. F "Erloyee" means any person who performs any service at a massage facility on full -time, part time or�,,c8ntract basis, whether or not the person is deslgnat�si an employee, independent contractor, or sublessee. Employee does not include a person exclusively at the massage facility for repair or maintenance ::of the `massage facility or for the delivery of goods to the licensee. G. "Knowingly" means with respect to conduct or a circumstance described by this chapter, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission. H. "Licensee" means the person who receives a massage establishment license or manager license, and in whose name a license has been issued by the license inspector pursuant to this chapter. I. "Manager" means an individual authorized by the massage establishment licensee to exercise overall operational control of the business, to supervise Regular Council M90W3kO&P�y 1, 2011 - Page 29 of 60 1 JHF 12110110 employees, or to fulfill any of the functions required of a manager by this chapter. K. "Massage or touching techniques" means any of the following named subjects and methods of treatment intended for use upon or in connection with the human body: oil rubs; alcohol rubs; salt glows; hot or cold packs; tub, shower, table or cabinet baths; herbal wraps; and touching procedures upon the external parts of the body by use of the hands, forearms, elbows, knees or feet, or by any electrical, mechanical or vibratory apparatus, including stroking, friction, kneading, rolling, vibrating, cupping, petrissage, rubbing, effleurage and tapotement. L. "Massage establishment" means any place of busftess or establishment where any of the subjects or methods of treatment listed in paragraphs K or N are administered, practiced or used, or from which, is dispatched a person for the purpose of administering, practicing or, using any - -.of, the subjects or methods of treatment listed in paragraphs K or N. M. "Massage therapist" means a person who is licensed pursuant; to Chapter 42 of Title 32 of the Arizona Revised Statutes to ;engage in the` practice of massage therapy. N. "Massage therapy' means any of the following that, are undertaken to increase wellness, relaxation, stress reduction, pain relief and improvement, or provide general or specific therapeutic benefits: 1. The manual application of compression, ompression stretch or mobilization of the organs and.tiswes beneath the' dermis,ljncluding the components of the musculoskeletaf peripheral vessels of the circulatory system and fascia;�,When applied primarily to parts of the body other than the hands, feet antl'bead. 2. The nnual application of compression, stretch, vibration or mobilization t using the fsrearms,y elbows, knees or feet or handheld mechanical, electrical, water or vibratory devices. 3. Any Ecombination- of range of motion, directed, assisted or passive movements of the joints. 4. Hydrotherapy, including, but not limited to tub, shower or cabinet baths, and the appidation of water, hot and cold packs or wraps. O. "Person" means °a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual. It includes a trustee, receiver, an assignee, or similar representative. P. "Private anatomical areas" means the genitals, perineum and anal region of any person and the area of the breast that includes the areola and the nipple of any female person. Section 9-4 -3 Duties of license inspector; appeals A. It shall be the duty and responsibility of the town's license inspector, described in section 9 -1 -6, to administer the provisions of this chapter. Pursuant to this Regular Council MROPks W M 1, 2011 - Page 30 of 60 2 duty, the license inspector shall issue, renew, deny, suspend, or revoke massage establishment licenses or manager licenses as required by this chapter. B. Any party aggrieved by a decision of the license inspector under this chapter may request a hearing as provided in sections 9 -1 -10 and 9 -1 -11. Section 9-4-4 Classification; continuing violations; effect of revocation or suspension on prosecution A. Whenever in this chapter any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of that provision is a class one misdemeanor. B. Each day any violation continues shall constitute a separate offense. C. Revocation or suspension of a license shall :dot b a defense against prosecution. Section 9-4 -5 Massage therapist license'required It is unlawful for any person to practice or, in any rhanner to claim` practice massage therapy without first obtaining and maintaining in effect a current, unrevoked and unsuspended massage therapist lrcense as required by Arizona Revised Statutes. Section 9-4 -6 Massage establi n6nt-111cense required; exclusions A. It is unlawful for any person to conduct ter` "o3perate a massage establishment without first obtaining °,,and maintahing in effect" a current, unrevoked and unsuspended massage establishment license as required by this chapter. B. It is unlawful foi`'eny person licensed rovided in this chapter to operate under any name or conduct business under any designation not specified in the license C. It is ; unlawful for any massage establishment licensed as provided in this chapter to conduct tsiness� at any location not specified in the license. D. The proi�isions of sc lbsection B shall not apply to a place of business or establishment where ail persons offering massage or touching techniques or massage therapy are`fcensed as either a barber, aesthetician, cosmetologist, or nail technician pursuant to Arizona Revised Statutes, and who practice within the scop6bfthat person's license. Section 9-4 -7 Manager license required It is unlawful for any person to exercise overall operational control of a massage establishment, to supervise employees, or to fulfill any of the functions required of a manager by this chapter without first obtaining and maintaining in effect a current, unrevoked and unsuspended manager license as required by this chapter. Regu1j6@T4q9j HWip9 February 1, 2011 - Page 31 of 60 -3- Section 9-4 -8 New license application; fees A. Any person desiring to obtain a massage establishment or manager license shall apply to the license inspector on the form provided by the license inspector for that purpose. The license inspector shall refer the application to the police department for appropriate investigation. B. Each application shall be accompanied by a non - refundable application fee and a first year license fee as set forth by a fee schedule approved by the council and amended from time to time. If a license application is denied, the first year license fee will be refunded to the applicant. C. In addition to the fees required by paragraph B, each :applicant, controlling person and designated agent for a massage establishment` license and each applicant for a manager license shall pay the,. license inspector the fee established by the director of the Arizona department of public safety for the processing of fingerprints pursuant to this chapter'and A.R.S,,§ 41 -1750. This fee shall be paid for each person required to submit fingerprints pursuant to this chapter. Section 9-4 -9 Massage establishment lt¢*nse,application; separate license; husband and wife A. Each application for a massage. establishment 'license shall consist of, as applicable, the following: 1. The full legal name, business name, business phone number, legal form of applicant, current residential pha e, nt mber` tt current residence or legal address of the apPtnt. 2. Physical description and date and place of birth of the applicant. 3. Any other names*which the applicant has been known. 4. The addrest whicF ttae applicant desires to do business. 5 Tte applicant's'mailing address for purposes of receiving town notices and o other licensing 6espondence relating to the applicant, the licensee, or the enforcement 4this chapter. 6. The business houra�for the establishment. 7. All residence addresses for the five -year period prior to the date of application and'the dates of residence at each. 8. The name or names of all managers and the designated agent. 9. The name or names of all controlling persons. 10. Applicant's business, occupation and employment history for the five -year period immediately preceding the date of application, including addresses and dates of employment. 11. Written proof, in the form of a current driver's license with picture, or other current picture identification document issued by a governmental agency, that the applicant has reached the age of 18 years. Regu1jb @Nq9j HWip9V February 1, 2011 - Page 32 of 60 -4- 12. The business license history of the applicant; whether the applicant, while operating in this or another city or state under license, has had a previous license revoked or suspended, the reason for the revocation or suspension, and the business activity or occupation subsequent to the suspension or revocation. 13. All felony and misdemeanor convictions, excluding those for civil traffic offenses, and the grounds for each conviction. 14. The applicant's full set of fingerprints on a standard fingerprint card, recorded by the police department. 15. The articles of incorporation, articles of organizetlon, or certificate of limited partnership, together with any amendments, for the applicant, as applicable. 16. A list of services to be offered by the massage establishment. 17. A clearly legible sketch or diagram showing the configuration of the overall business premises. The sketch or diagram need not be professionally prepared but shall be drawn on one page measuring 8 1/2 inches by 11 inches with marked dimensions of the interior of the premises to an accuracy of plus or minus Winches. For purposes of this subparagraph, a "wall" shall include any, . interior barrier, including transparent glass that extenos mare than fifty -four inches from the level of the finished floor. The sketch the following: a. The location of all interior doors, walls, curtains and room dividers. b. A description of ttie use of each interior space or room, including a designating by type of use, of each room or space available for massage or tauching;techniques or:massage therapy by the applicant. c. A designation of each room or;space that is being, or is intended to be, leased,' subleased .or licensed for use by any person other than the applicant and a description of its intended and actual use. d ,designation df each room or space that is being, or is intended to be, leaned, subleased, or licensed for use by any person other than the app icant for purposes of offering massage or touching techniques or massage therapy and a description of its intended and actual use. e. The location of the business license required to be displayed pursuant to this chapter. 18. One digital photograph of the applicant taken by the license inspector or designee at the time of application. 19. Any other identification and information the license inspector may require. B. A separate license shall be required for each room or space on the business premises of a massage establishment that has been designated pursuant to this section as available for lease, sublease or license by any other person, and is otherwise required to be licensed as a massage establishment pursuant to this chapter. Reguljb @Ng99 MWip9y February 1, 2011 - Page 33 of 60 5 C. A single license shall be issued to an applicant that consists of a husband and wife. Section 9-4 -10 Manager license application Each application for a manager license shall consist of the following: A. Full legal name, physical description, and date and place of birth. B. Any other names by which the applicant has been know. C. Current residence address, mailing address and telephone number. D. All residence addresses for the five -year period immediately prior to the date of application and the dates of residence at each. E. Employment history for the five -year period preceding, the date of application with dates and addresses for each. F. Written proof, in the form of a current driver's license wife picture, or other current picture identification document issued by a governmental agency, that the applicant has reached the age of 1 wears. G. All felony and misdemeanor convictions; ,Jaxcluding those for civil traffic offenses, and the grounds for each conviction: H. The business license history of I#ip applicant; A`ather the applicant, while operating in this or another city 'or state under license;` has had a previous license revoked or suspended, t* rea , for the revocation or suspension, and the business activity or occupation subsequent to the suspension or revocation. I. One digital pt" ii graph cat ' the applicant taken by the license inspector or designee at the 6 of application. J. The applicant's full set' of fingerprint on a standard fingerprint card, recorded by the I police d0 merit K Rft :.other identification and information as the license inspector may require. Section 94-11 Additional application requirements A. No license ,M a ll be issued to an individual if the individual does not present one or more of.the fallowing documents as requested by the license inspector indicating that ,6 ` ndividual's presence in the United States is authorized under federal law and complies with the Arizona Legal Workers Act: 1. An Arizona driver's license issued after 1996 or an Arizona non - operating identification license. 2. A driver license issued by a state that verifies lawful presence in the United States. 3. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. 4. A United States certificate of birth abroad. ReguIjb6 pT4g9j jjWip9} February 1, 2011 - Page 34 of 60 6 5. A United States passport. 6. A foreign passport with a United States visa. 7. An 1 -94 form with a photograph. 8. A United States Citizenship and Immigration Services employment authorization document or refugee travel document. 9. A United States certificate of naturalization. 10. A United States certificate of citizenship. 11. A tribal certificate of Indian blood. 12. A tribal or Bureau of Indian Affairs affidavit of birth: B. This section does not apply to an individual, if all of the following apply: 1. The individual is a citizen of a foreign,., country or, if at the time of application, the individual resides in a foreign country. 2. The benefits that are related to the tense do , snot require the','-,individual to be present in the United States in orderto those benefits Section 9-4 -12 License application investigation; authority to receive criminal history record information; use of criminal history record information A. Any applicant for a massage estab is _e, n, license or a manager license issued pursuant to this chapter shall frersorially appear at the office of the license inspector ar}cf::iall present the application containing the information required by this,chapter B. The police department shall have 6r reasonable time within which to investigate the applicator ,'and background of the applicant, controlling persons manager Based on the investigation, the police department shall r`ecommendto the license inspector approval or denial of the license. C Pu�rscant to A.R.S. 41 -170, the town is hereby authorized to receive criminal; history record for the purpose of evaluating the fitness of current prospective massage establishment licensees, including applicants ,` °controlling'' persons and designated agents, and current and prospective massage' establishment manager licensees. D. Pursuant to A.R:S. § 41 -1750 and Public Law 92 -544, the town shall submit all fingerprints obtained pursuant to this chapter to the Arizona department of public safety for the purpose of obtaining state and federal criminal history record information. The Arizona department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation. E. Criminal history record information obtained by the town pursuant to this chapter shall be used only for the purpose of evaluating the fitness of current and prospective massage establishment licensees, including applicants, controlling persons and designated agents, and current and prospective massage establishment manager licensees. The town shall comply with all Regu1j6 @NaqA February 1, 2011 - Page 35 of 60 7 relevant state and federal rules and regulations regarding the dissemination of criminal history record information. Section 9-4 -13 License renewal A. Within one year of the issue date for the previously effective license, all licensees under this chapter wishing to remain licensed shall apply for renewal on a form established by the license inspector. The renewal form must be submitted at least 60 days prior to the renewal date with the applicable renewal fee, as set forth in the fee schedule approved by the council and amended from time to time. For a massage establishment license renewal, the license must submit a current listing of massage Therapists working at the establishment, and each massage therapist's Arizona ; ,state license number with date of license expiration. The license inspector i wa�uthorized to obtain necessary information to update the original license application and to determine whether the license should be" renewed. No tic nse shall be renewed unless the licensee complies with all provisions of this' ter. B. A licensee who fails to apply for renewal at least, 601 nays prior to,"the renewal date shall be subject to a late renewal penalty fee in accordance with the fee schedule approved by the council and amended from time to time. If the licensee fails to start the renewal�process at least "30 days prior to the license renewal date, the license shall expire and become nu ; lt and void. Licensees who fail to apply to renew their license yetwho „wish, to continue operating or managing massage ,establishments must file 6"'b application for license and may not operate or'thahaa a massage establishment until a new license has been issued. Section 9-4 -14 Der lial, suspension, rep+ cation or nonrenewal of license A. The license of a massage establishment or license of a manager may be denied; revoked, susperQ 1, or denied renewal upon any one or more of the follpWing grounds 1. The applicant, licensee or controlling person is guilty of fraud in conducting the f[ess of a massage establishment or of fraud or deceit in obtaining a license;.-” 2. The applicant, licensee or controlling person has been convicted within the past five years in a court of competent jurisdiction of a felony or misdemeanor offense having a reasonable relationship to the functions of a massage establishment or a massage therapist. 3. The applicant, licensee or controlling person has been convicted within the last five years of any offense proscribed by title 13, chapters 14, 32, and 35.1 of the Arizona Revised Statutes, or any offense committed outside this state or town that if committed in this state or town would constitute a violation of any offense proscribed by title 13, chapters 14, 32, and 35.1 of the Arizona Revised Statutes. Regu11b @NggJ HWpgr February 1, 2011 - Page 36 of 60 8 4. The applicant, licensee or controlling person is guilty of untrue, fraudulent, misleading, or deceptive advertising. 5. The applicant, licensee or controlling person is engaged in the business of massage therapist, manager, or massage establishment under a false or assumed name, or is impersonating another therapist or manager of a like or different name. 6. The applicant, licensee or controlling person has violated any of the provisions of this chapter. This paragraph shall apply regardless of the location at which the violation occurred. 7. In the case of a massage establishment, any person.who did not qualify as a controlling person at the time the license was is"e' d has acquired a 20% or greater interest in the licensee. 8. In the case of a massage establishment, the massage ,establishment has operated at a location that has not been : I censetl for use ,y the town. 9. In the case of a massage establishment, the applicant o licensee has ceased to use the license for purposes, of offering massage the+apy. The failure to offer massage therapy at o _massage establishment for 30 consecutive days shall create a rebuttable presumption that the applicant has ceased to use the license:for purposes of offering massage therapy. 10. In the case of a massage estabjishment, the app licant or licensee has failed to maintain in the records of tF ticense inspector the name of an individual as a designated agent, 11. The applicant, Ticensec, manager - or designated agent has photographed a customer while th'e, customer *as on the premises of a massage establishment -arid located within ariy treatment room, restroom, locker room . pr dressmrcrdrn, �atjie express, written permission of that cgser:-, purposes of this"paragraph the word "photographed" shall dean the use of any electronic or mechanical device to record, reproduce or transmit an optical image' 12. TIN e'applicant, licensee or controlling person knows or should have known that prostitution, ihdecent exposure or pornographic acts are occurring or have occurred in the operation of the massage establishment. 13. The license application was falsified. 14. The applicant, licensee or a controlling person has an outstanding warrant for his or her arrest. 15. The applicant was a controlling person for a massage establishment license that was revoked within the previous five years for an act or acts that occurred while the controlling person was a controlling person for the licensee. B. The massage establishment license shall be denied if any of the following persons would be disqualified under this chapter: 1. The president or other executive officers of a corporate applicant; Reg February 1, 2011 - Page 37 of 60 9 2. Each general partner of an applicant that is a limited partnership or any partner of a non - limited partnership applicant; 3. The managing member, officer or employee of the applicant; 4. Any controlling person of the applicant. Section 9-4 -15 Application after denial No applicant may apply for a license within one year of the date of a denial, suspension, revocation or nonrenewal of the applicant's license, unless the cause of the denial, suspension, revocation, or nonrenewal has been remedied to the satisfaction of the license inspector. Section 9-4 -16 Change of location; change of services offered, configuration of premises, business`Ihours, mailing address or manager or designated agent, A. Notwithstanding any other provision of this chapter, a massage establishment shall not be operated or maintained at a location that has not been approved by the license inspector. A change of Location of a massage establishment shall be approved by the license inspector if the'; applicant is in compliance with all town ordinances and regulations, completes the appropriate location change application and submits .a fee as set forth by a fee schedule approved by the council and amended from time to time. B. A massage establishment shall riot chsinge ,the services it offers, the use or configuration of its premises, its business h rs, =ifs mailing address or its manager or design agent withoutIirst prodding notice of the change to the license inspector on =the form prescribed by the license inspector for that purpose. C. Except as otherwise provil in this chapter, any change listed in this section shall be.,:subrnitted tb = license inspector within ten calendar days of the change. Section,94-17 Ins of lassage establishments An applic� for a massage establishment license, a controlling person for a licensee, a i , anager or , licensee shall permit representatives of the police department, any other town department and any other federal, state or county agency in the performance of any function connected with the enforcement of this chapter or any,,,code, statute or regulation relating to human health, safety or welfare or structural safety, normally and regularly conducted by the agency, to inspect the premises of a massage establishment for the purpose of ensuring compliance with the law at any time it is lawfully occupied or open for business. The inspection authorized by this section shall be limited to: A. All areas of the premises available to patrons, provided that no inspection shall be done of a room occupied by a patron until the patron has been given a reasonable opportunity to dress, gather his or her personal effects and exit the room. B. All dressing, toilet, bathing and wash basin facilities. ReguIjb @Nrgqj February 1, 2011 - Page 38 of 60 10 C. Any location used to disinfect and sterilize equipment. D. Any location used to store linens. Section 9-4 -18 Massage establishment special requirements A massage establishment licensee shall comply with the following requirements and no massage establishment license shall be issued unless inspection by a town department or, where appropriate, a federal, state or county agency indicates that the site of the establishment complies with each of the following requirements: A. A readable sign shall be permanently affixed at the in entrance to the business identifying the business as a massage establishment. B. Lighting of ten foot candles, measured at a height-,,,of 30 inches at the approximate center of the room or enclosure, shall be proyided in each room or enclosure where services are performed on, patrons. C. Ventilation shall be provided in accordance' with title 7 of the to ,code. x D. Adequate equipment shall be provide4- for disinfecting an sterilizing instruments used in administering or practicing any ofthe subjects or methods of treatment administered or practiced by the establishment. E. Hot and cold running water, tem" ci, by means 6fa mixing valve faucet, shall be provided at all times. ,3 F. Closed cabinets shall be provided and use fi, f or,thp itorage of clean linens. G. Notwithstanding any Cher requirement of this - chapter, a minimum of one shower or tubAi'shall tie provided for any establishment offering any hydrotherapy - ?; ewes including whirlpog1, baths, saunas, steam baths, and herbal wraps. H. Any pool'or spa shall be issued a permit and inspected as required by the Martina pool and spa code.:, I 44' alts, ceilings, floors, showers, bathtubs, steam rooms, and all other physical ,,facilities Within the establishment must be in good repair and maintained;in a cleanand sanitary condition. Wet and dry heat rooms, steam or vapor rooms or ±cabinets, toilets and wash basins shall be thoroughly cleaned each%day = business is in operation. Shower compartments and bathtubs, where] rovided, shall be thoroughly cleaned after each use. J. Clean and sanitary sheets and towels shall be provided for each patron of the establishment. The head rest of each table shall be provided with a clean and sanitary covering for each patron. K. All wash basins within an establishment shall: have hot and cold running water, tempered by means of a mixing valve faucet; provide sanitary towels placed in permanently installed dispensers or upon a permanently attached roll dispenser; and provide soap in a soap dispenser that is placed on or near the wash basin. A hand wash basin shall be provided in each treatment room Regull6 gg9J "Wipyr February 1, 2011 - Page 39 of 60 1 1 providing hydrotherapy services, including whirlpool baths, saunas, steam baths and herbal wraps. Section 9 -4 -19 Unlawful activities; definition; duty of manager A. It is unlawful: 1. For any person to knowingly employ any other person to offer massage therapy who does not hold a current, unrevoked and unsuspended massage therapy license issued by the state of Arizona. 2. To employ a massage therapist whose true name and state - issued massage therapist license number has not been previously provided to the license inspector on the form prescribed by the hce sc =inspector for that purpose. 3. For any person to knowingly employ at a ' massage establishment a manager who has been convicted within the previousI'Vie years of any of the offenses listed in section 9- 4- 14.A.2 ar AA 4. For any person to offer massage ef� touching techniques ar massage therapy in any room or space of the business that - has not been specifically identified as a room or space available for thgse services on the sketch or diagram required to be submitted to the license inspector pursuant to this chapter. 5. For any person to offer massage "or touching techniques or massage therapy in a room or space designated as leased, subleased or licensed for use by any other person on the sketch or diagram required to be submitted to the license inspect o = =pursuant to this chapter. 6. For any massage establishment to = remain open for business, to provide services, to dispatch massage therapists, or to permit massage therapists to work off the premises on' behalf "of that massage establishment at any time between =the hours of 12:00 midnight and 6:00 A.M. any massage pstabliohnient to be open for business during hours that haVei not been pr6led to' license inspector as required by this chapter. 8. Except # provided in this chapter, to employ any person to act as a manager ,any massage establishment who is not licensed as a manager pursuant to t1s chapter. 9. For any person to knowingly conduct or operate a massage establishment on the same business premises, whereon is also conducted or operated a sexually oriented business as defined in title 9 of the town code, or a bar, cocktail lounge, photography studio, model studio, art studio, motion picture studio /theater or telephone answering service. 10. For any person, while on the premises of a massage establishment, to knowingly provide or offer to provide any service: a. In a manner or under circumstances intended to arouse, appeal to or gratify sexual desires. Regu1jb @Nq9iA "Wip9y February 1, 2011 - Page 40 of 60 12 b. In such a manner that the person touches the private anatomical areas of the individual receiving the treatment. c. While the person providing the treatment is clothed in a manner that fails to cover his or her private anatomical areas with an opaque material. 11. For any person on the premises of a massage establishment to intentionally view a completely or partially disrobed massage establishment client if the viewing is not related to treatment under current practice standards and is intended to appeal to the prurient interest of the massage therapist or the massage establishment client. 12. For any person, while on the premises of a massage "establishment, to knowingly ask or direct a patron to: a. Touch his or her own anus, genitals or breasts b. Touch the anus, genitals or breasts of any person on the premises. c. Expose his or her genitals, an breasts to any person on the premises with the intention of appealing tp4he, prurient interest of the massage therapist or the massage establishment client. 13. For any person, while on the,,premises of 'a':massage establishment, to knowingly place any part of fhe�,body of a patron in direct or indirect contact with the anus, genitals or, breasts of ariy other person on the premises. 14. For any person, Wile on the premises of a massage establishment, to knowingly _,offer a patron any service in exchange for a gratuity or compens6ti6ri °af any, scription, that does not appear on the schedule of services require °d�by t pter. 15. Far =arty person ! to . knowingly operate or maintain a massage . stabIishme °nt;. a ration that has not been licensed by the license inspector. 16. For, Any person to knowingly use a massage establishment as living or 3 , sleeping quarters,, 17. For any person 'to knowingly provide the services of a manager to a massage establishment without a manager license. B. For purposes of this section, the word "touch" shall include physical contact that occurs through clothing or by means of any object. C. A manager shall not knowingly fail to ensure that a massage establishment at which he or she is employed is in compliance with the provisions of this section. Section 9-4 -20 Display of license; update, retention and inspection of records A. Every on duty person to whom a massage establishment license, massage therapist license or manager license has been granted shall display the Regu116 @Nq9j MWp9 - February 1, 2011 - Page 41 of 60 13 license along with the corresponding photograph taken by the license inspector in a conspicuous place upon the business premises that is clearly visible to the general public upon entry to the business. All massage therapists shall produce their license and produce a government- issued identification document upon request from an authorized agent conducting an inspection pursuant to this chapter. B. A massage establishment shall report the name of any person whose employment at the massage establishment has terminated to the license inspector within ten calendar days after termination. C. A massage establishment shall maintain records for each massage therapist employed by that massage establishment on the business premises for a period of 90 days after the date of last employment of each massage therapist. These records shall include: 1. A copy of the state - issued massage therapist license. v 2. For every massage therapist who '&es not possess­?-a: state-issued massage therapist license that bears,, a photograph of the',Iic6nsee, a clearly - legible copy of a current picture identification document °issued by a governmental agency or such other identiftion as may be prescribed by the license inspector. D. A massage establishment shall maintain on the business premises a copy of the most recent sketch or diagram requi to be srlbmitted to the license inspector pursuant to this chapter. E. A licensee, managerornployee of massageestablishment shall make the records requlredjo be mailotained by this section available for inspection upon demand by any l-,)N enforcement officer;or4own regulatory license inspections official, during any period of,time, that the business premises are open to the public or 1trfully F r E. A rrtager shall knowingly fail to ensure that a massage establishment at *O*,he or she is employed is in compliance with the provisions of this section.,_ Section 9- 441 Manager designation A massage establishment licensee shall file with the license inspector, on the form provided by the "license inspector for that purpose, the name and license number of each parson authorized to fulfill the functions of a manager at the massage establishment. It shall be the responsibility of the massage establishment licensee to have adequate manager coverage during all times the establishment is open for business. During any period of time that a massage establishment does not have a properly licensed manager recorded with the license inspector physically located on the business premises, the licensee and /or a manager shall designate another employee to be responsible for fulfilling the duties of a manager pursuant to this chapter. This designee may be either a licensed massage therapist or other responsible employee as determined by the licensee and /or manager. Regular Council MIROW 1, 2011 - Page 42 of 60 -14- Section 9-4 -22 Exemptions The provisions of this chapter shall not apply to: A. Establishments whose employees are authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, naturopathy, or acupuncture. B. Establishments whose employees are acting as trainers for any bona fide amateur, semiprofessional, or professional athletic team or athlete. C. Establishments whose employees are authorized by the laws of this state as barbers or cosmetologists, provided their activity is limited to the scope of their barber or cosmetology license. D. Establishments whose employees are providing colon;Irrigation only. E. Businesses that are operating solely as a school that is Arizona state board of massage therapy- approved. Section 9-4 -23 Licenses; cumulative regulation A. The licenses required in this chapter are in addition to any business or transaction privilege license required by the l0woha Town Code or state law. B. A massage therapist license does not authonze��one to operate a massage establishment. W • C. An applicant for a massage estab# hm fi tcense ne "d not have a massage therapist license. However, massage" est"i ents shall employ only Arizona state - licensed massage therapists to peorm massage. D. A licensed massage therapist who o'i grates as a sole practitioner and who has no employees. must `obtain a massage establishment license for the business location at ' .whf6h massy - therapy is provided; however, no separate manager license is required: Regular Council MROW W)E y 1, 2011 - Page 43 of 60 - 15 - ARANA =/ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 1, 2011, 7:00:00 PM To: Mayor and Council Item D 2 From: Gilbert Davidson , Town Manager Strategic Plan Focus Area: Not Applicable Subject: Legislative /I ntergo_v_ern mental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: 0 201 .1 — Legislative_Bulletin_ #_2.pdf Legislative Bulletin # 2 Backup Material O 2011 Legislative_ Bulletin _# 3.pdf Legislative Bulletin # 3 Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative /intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting - February 1, 2011 - Page 44 of 60 League of Arizona Cities and Towns - Legislative Bulletin Ir League ^of Arizona " O P. 0 OW I*KOOW% C t A N D L 11S Legislative Bulletin — ISSUE 2 - JANUARY 14, 2011 Eye on the Capitol Because of the tragic events of last weekend, Arizona's 50th Legislature convened on Monday, January 10 on a somber note. Governor Brewer shelved her policy -laden state -of- the -state address and instead delivered a tribute to the victims of the shooting. The Governor does intend to release her plan for job creation, education and tax reform in short order. The text of her remarks to the Legislature can be viewed here. (attached, page 4) Legislative activity during the first week of the session was light. A few committees met for organizational and housekeeping purposes, and the House Committee on Employment and Regulatory Affairs did hold a hearing to consider four bills affecting the Arizona State Retirement System. (attached, page 8) The House and Senate moved with lightning speed to pass bipartisan legislation, signed by the Governor, to impose limits on protests at memorial services. The law was a response to plans of the Westboro Baptist Church to demonstrate at the funerals of individuals killed in Saturday's shooting rampage in Tucson. To date, lawmakers have introduced a total of 347 bills in the House and Senate. 144 of these measures - or 41% of all bills introduced - are categorized as "technical correction" bills. Such bills, often containing minor or grammatical changes to current law - are frequently used as 'striker" vehicles for ideas that surface after bill - filing deadlines. The large number of technical corrections bills suggests that legislators are eager to preserve their ability to introduce new measures into the legislative process after the formal deadlines for the introduction of bills: January 31 in the Senate and February 7 in the House. League staff reviews every introduced bill to analyze its potential impact on cities and towns. We are ever appreciative of input we receive from our membership with respect to introduced, potential or proposed legislation. State Budget Governor Brewers proposed budget for Fiscal Year 2012, released today, contains a number of initiatives designed to close a substantial state budget deficit, projected at $825 million for the current year and $1.4 billion for next year. To bring the budget into balance, the plan relies heavily on reductions to the Arizona Health Care Cost Containment System. The commitment by the League of Arizona Cities and Towns to work as a cooperative partner with the Governor and legislative leaders to address the state's budget crisis is paying substantial dividends. While cities and towns will be asked to contribute to deficit reduction in some measure, the Governor's budget protects major sources of municipal revenue. We will continue to work closely with key decision - makers to promote a budget plan conducive Regular Council Meeting - February 1, 2011 - Page 45 of 60 Page 1 of 8 League of Arizona Cities and Towns - Legislative Bulletin to the economic growth of the cities and the state. League staff will perform a detailed analysis of the budget and report on those items that affect cities and towns. An electronic version of the Governor's proposed budget can be found here. ( hftp:// www .ospb.state.az.us /Budbooks.asp) Pension Reform Update On January 11, the House Employment and Regulatory Affairs Committee conducted a hearing on a package of four bills introduced by the chairman of the committee, Representative Bob Robson (R- Chandler). These bills represent the Arizona State Retirement System's (ASRS) legislative agenda for the year and contain mostly administrative changes. HB 2023 ASRS; long -term disability amendments stipulates that long -term disability benefits are not payable on claims filed more than 24 months after the date of the disability and authorizes ASRS to suspend or terminate benefits if a retiree fails to provide requested information. The bill was passed out of committee. HB 2024 ASRS; amendments contains the same provisions as HB 2023 and HB 2027. Additionally, the bill makes numerous changes to the statutes governing ASRS, including the method by which charter city retirement credits transfer to ASRS and the collection of delinquent payments. The bill was passed out of committee. HB2026 ASRS; administration makes administrative changes to the operations of ASRS, including exempting ASRS from the state's rulemaking procedures. There was extended discussion about the rulemaking exemption, which resulted in the bill being held. HB2027 ASRS; return to work; contributions requires certain persons who return to work to repay ASRS for payments improperly received. Additionally, the bill requires employers to pay an alternate contribution rate (ACR) for retired members who return to work and specifies how the ACR is calculated. Finally, the bill appropriates $150,000 from the ASRS administration account for the implementation of these provisions. The bill was passed out of committee. The League has not taken a formal position on this particular package of bills but will continue to closely monitor all legislation - and participate in the policy discussion - regarding pension reform. Hazardous and Solid Waste Program Fees Arizona State Representative Amanda Reeve and the Arizona Department of Environmental Quality have issued an invitation to stakeholders to participate in a January 24 discussion of options for permanent adjustments to program fees designed to make the Solid and Hazardous Waste Programs self - sufficient. At the meeting, Rep. Reeve and ADEQ will discuss funding requirements, identify potential funding options, explain the legislative process (including timeframes) and solicit informal public comment on proposed changes to solid waste and hazardous waste fees. If you are interested in attending, please RSVP to wpdfees@azdeq.gov by January 17, 2011. Meeting Information Waste Programs Division Hazardous and Solid Waste Program Fees Legislative Meeting January 24, 2011 10:00 - 11:30 a.m. Arizona Department of Environmental Quality, Room 3175AftB 1110 W. Washington Street, Phoenix Regular Council Meeting - February 1, 2011 - Page 46 of 60 Page 2 of 8 League of Arizona Cities and Towns - Legislative Bulletin Legislator Profile - Representative Jeff Dial When asked whether he might have some time within the next several weeks to sit down and discuss his membership in the House of Representatives, freshman Representative Jeff Dial responds, "What are you doing right now ?" This no- time -like- the- present perspective will serve Rep. Dial well as he is called upon to address state challenges that are urgent and immediate.' Disarming and humble, Rep. Dial, age 34, is a Chandler Republican elected in 2010 to represent District 20. He addresses visitors as "sir' and is unfailingly polite, respectful and accessible. Exuding an appreciative manner, Rep. Dial clearly feels fortunate to have the opportunity to serve in the Arizona House. The third time was a charm for Rep. Dial, who narrowly failed to win two previous primary bids for the House, losing each contest by less than one percent. An exuberant extrovert, Mr. Dial has knocked on more than 30,000 doors in his legislative campaigns. Rep. Dial has resided in each of the three municipalities within District 20 - Phoenix, Chandler and Tempe - and understands the enormous challenges and responsibilities of cities and towns, which provide critical services to his urban constituents. Rep. Dial himself is a fan of Chandler's recreational facilities in general and its dog parks in particular. His chief legislative priorities are the creation of jobs and the growth of business opportunities. He has been rewarded by House leadership with the vice chairmanship of the Banking and Insurance Committee and also serves on the Military Affairs and Public Service Committee. A California native who grew up in Glendora, Rep. Dial moved to Arizona eleven years ago to attend Arizona State University as a political science major. He is the executive vice president of a family business, Dial Chemical Inc., and a licensed real estate agent. He likes hiking, movies and science fiction. Rep. Dial's recent election is a tribute to the virtues of perseverance and dogged pursuit of a dream. The League of Arizona Cities and Towns congratulates Rep. Dial and looks forward to working with him throughout the 50th Legislature. League Intern The Legislative Department welcomes Amy Price as our intern for the first session of the 50th Legislature. Amy is a Justice Studies major at Arizona State University and will be graduating this spring. She originally hails from El Centro, California. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Regular Council Meeting - February 1, 2011 - Page 47 of 60 Page 3 of 8 STATE OF THE STATE Monday, January 10, 2011 by Governor Janice K. Brewer Good afternoon. Speaker Adams, President Pearce, Honorable Senators and Representatives of the Centennial Legislature, Chief Justice Berch and Justices of the Supreme Court, constitutional officers, tribal leaders, honored guests, and my fellow Arizonans: had intended to deliver a State of the State address to you today -- remarks that outline an exciting and solid plan for job creation, education, and tax reform ..... and I WILL deliver that plan to you. But, not now. Not today. Tragedy and terror sometimes come from the shadows — and steal our joy and take away our peace. That happened on Saturday when a gunman took away people we love, innocent people, and outstanding public servants — like U.S. District Judge John M. Roll. Judge Roll had just come from the light of a Catholic Mass — and confronted the darkness of a madman. The gunman gravely wounded others -- people we love and respect -- like Gabby Giffords, my good friend. This past weekend's events have caused me — caused all of us -- to reflect on many things, including how we respond to those terrible events. Regular Council Meeting - February 1, 2011 - Page 48 of 60 Page 4 of 8 First, our response to this tragedy must be led by prayer and comfort for the victims and their families. So, please -- join me in a moment of silence as we pray for all those we've lost -- for the injured -- and for the suffering. Thank you. With our faith and our courage tightly in place, we will step forward from this Chamber, dedicated to the Lord's work -- continuing our service to the public. One year ago, from this very place, I told you I would serve beside you -- proud to serve the people of Arizona. I said then, that public service is acting NOT in self- interest -- but on behalf of others. And, I asked people to join me in the field. Gabby Giffords DID join me in the field. And, we worked together, knowing that when our public service ended, we would be judged LESS by what we achieved than what we over -came. In addition to Judge Roll -- Arizona also lost -- Dorothy Morris, Dorwan Stoddard, Phyllis Schneck, and Gabriel Zimmerman. Let me take a moment to recognize the acts of extraordinary Arizonans -- who responded with professionalism - -and saved lives -- law enforcement, emergency responders, the Tucson medical community, and the staff at the University Medical Center. Daniel Hernandez, a University of Arizona junior showed no fear in the face of gunfire. His quick action in going to Gabby Giffords' aid -- likely saved her life. Daniel is here today and I'm going to ask him to stand and receive the thanks of a grateful state. It was a sunny Saturday at the supermarket in Northwest Tucson. It was a picture of what our country is all about: Public servants doing their duty, citizens, old and young coming to hear -- coming to participate -- in the beauty of our government in action. We lost someone else on Saturday ... nine - year -old, Christina Green. Regular Council Meeting - February 1, 2011 - Page 49 of 60 Page 5 of 8 She was just elected to her student council. She was hoping to be a positive part of the future of America. And, she has become just that. She loved baseball -- she was the only girl on her Little League baseball team; and she loved to wear red, white and blue. I should tell you, Christina was born on September 11th, 2001. She thought of her birthday as a day of hope -- a time to find goodness in America. As her mother said, "Her light shines on all of us today." Saturday's events were not just an attack on those individuals we loved and lost, but an assault on our Constitutional Republic -- on our democracy -- on all we treasure and hold dear -- as citizens and public servants. Arizona is in pain, yes. Our grief is profound. We are yet in the first hours of our sorrow -- but, we have not been brought down. We will never be brought down! In fact -- we've been lifted up by America's thoughts and prayers — and we're deeply grateful for them. Arizona, like all of America -- has been through difficult times before. But, those times have united us, and made us stronger -- more enduring. Let those of us who serve our state and country do so in a way that honors those we have lost. Our meetings on sunny days will not end. Like the words from Isaiah, I believe Arizona will rise on wings like eagles -- we will run, and not get weary -- we will walk, and not grow weak So -- I ask for your help -- and your continued prayers, as we step from here, and guide this Great State with courage and devotion. Regular Council Meeting - February 1, 2011 - Page 50 of 60 Page 6 of 8 May God bless all the victims and their families and those suffering from Saturday's tragedy. May God bless those who serve us in the cause of freedom and justice. May He bless you and your families and our Great State of Arizona. And may God always bless and protect the United States of America. Thank you. Regular Council Meeting - February 1, 2011 - Page 51 of 60 Page 7 of 8 League of Arizona Cities and Towns - Legislative Bulletin League ot A Legislative Bulletin — ISSUE 2 - JANUARY 14, 2011 Pension Reform Update On January 11, the House Employment and Regulatory Affairs Committee conducted a hearing on a package of four bills introduced by the chairman of the committee, Representative Bob Robson (R- Chandler). These bills represent the Arizona State Retirement System's (ASRS) legislative agenda for the year and contain mostly administrative changes. HB 2023 ASRS; long -term disability amendments stipulates that long -term disability benefits are not payable on claims filed more than 24 months after the date of the disability and authorizes ASRS to suspend or terminate benefits if a retiree fails to provide requested information. The bill was passed out of committee. HB 2024 ASRS; amendments contains the same provisions as HB 2023 and HB 2027. Additionally, the bill makes numerous changes to the statutes governing ASRS, including the method by which charter city retirement credits transfer to ASRS and the collection of delinquent payments. The bill was passed out of committee. HB2026 ASRS; administration makes administrative changes to the operations of ASRS, including exempting ASRS from the state's rulemaking procedures. There was extended discussion about the rulemaking exemption, which resulted in the bill being held. HB2027 ASRS; return to work; contributions requires certain persons who return to work to repay ASRS for payments improperly received. Additionally, the bill requires employers to pay an alternate contribution rate (ACR) for retired members who return to work and specifies how the ACR is calculated. Finally, the bill appropriates $150,000 from the ASRS administration account for the implementation of these provisions. The bill was passed out of committee. The League has not taken a formal position on this particular package of bills but will continue to closely monitor all legislation - and participate in the policy discussion - regarding pension reform. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Regular Council Meeting - February 1, 2011 - Page 52 of 60 Page 8 of 8 League of Arizona Cities and Towns - Legislative Bulletin League of Anzona -.02MM& sit Citi%,,, A D 10W Legislative Bulletin — ISSUE 3 JANUARY 21, 2011 Eye on the Capitol The schedule for the second week of the first regular session of the 50th Legislature, already foreshortened by the Martin Luther King holiday, was further compressed by the Governor's proclamation convening a special session on January 19 to address a time - sensitive budget matter. There was, however, a sharp spike in the number of new bills introduced in the House and Senate. Of the 739 measures that have been introduced to date, the League is closely monitoring 124 that have potential impacts on cities and towns. On January 18, Governor Brewer issued her policy agenda for the year ahead. The document, The Four Cornerstones of Government Reform, is a surrogate of sorts for the State of the State address that the Governor had intended to deliver on January 10. That policy -laden speech, however, was shelved following the shootings in Tucson on January 8. The four cornerstones of reform identified in the paper are economic competitiveness, education, state government and renewed federalism. The entire document can be viewed here. (Attached, page 5) A full calendar of legislative activity is slated for the week of January 24. House and Senate committees will consider legislation that would, among other things, affect regulation of lot splits, modify a municipality's right to abandon a federal General Land Office Patent Easement, and limit regulation of residential fire sprinklers. As always, the League deeply values your input with respect to these and other legislative issues affecting cities and towns. FY 2012 Budget Ov erview The Fiscal Year 2012 budget presented by Governor Brewer on January 14 tackles the enormous challenge of eliminating a deficit that the Office of the Governor estimates to be $764 million in fiscal year 2011 and $1.15 billion in fiscal year 2012. According to a recent study of the Brookings Institution and the Morrison Institute for Public Policy, Arizona has by far the largest structural deficit (on a percentage basis) of any state in the Intermountain West. The budget proposes to achieve balance through a series of reductions, rollbacks and gimmicks. The Governor's options are limited, largely because of previous reductions and the fact that fully 88% of the State's budget is composed of expenditures for education, corrections and the Arizona Health Care Cost Containment System ( AHCCCS). The explosion in the AHCCCS budget over recent years has been particularly alarming. Medicaid spending (administered through AHCCCS), which now consumes 29% of the State budget, has increased by nearly 65% over the Regular Council Meeting - February 1, 2011 - Page 53 of 60 Page 1 of 8 League of Arizona Cities and Towns - Legislative Bulletin past four years. Approximately 20% of Arizonans are now eligible for AHCCCS funding of medical care. The Governor's budget proposes a reduction of $541.5 million in Medicaid spending in Fiscal Year 2012. This is achieved by curtailing the eligibility of certain populations to receive state - funded medical care. Approximately 280,000 Arizonans would lose Medicaid coverage under the proposal. To accomplish such a reduction in the Medicaid rolls, Arizona must first receive a waiver of maintenance -of -effort requirements by the Obama Administration. To secure specific authority to seek such a waiver, Governor Brewer called the Legislature into special session on January 19. Both the House and Senate approved legislation on January 20 granting the authority sought by the Governor. Other significant budget elements include: a $170 million reduction in university funding; a $73 million cut to community colleges; a one -day "rollover loan" in the amount of $330 million from First Things First to the State; and the consolidation of various state agencies. Significantly, the Governor's proposed budget does not propose any changes to State Shared Revenue formulae. It does, however, include certain provisions that directly impact cities and towns, as described below. Municipal Impact: Department of Water Resources Fee Severe budget reductions to the Department of Water Resources (DWR) have inspired efforts to base the department's budget on the collection of fees for services rendered. Because the success of those efforts has been very limited to date, the Office of the Governor has proposed to expand the universe of customers from whom such fees are collected. Having determined that municipalities directly share in the benefit of DWR work, the Governor proposes to impose a new fee on cities and towns to help support the department. Details regarding this initiative have yet to be fully developed. The following description of the proposal is extracted from the Agency Detail Book: For FY 2012, the Executive recommends implementing user fees to be paid by municipalities in an effort to replace the unrealized fees established for FY 2011. These fees are expected to raise up to $7.0 million per year. Each municipality's fee will be population based. It is the Executive's recommendation that municipalities with populations under 10,000 be exempt from these fees. The League of Cities and Towns will continue to work closely with the Executive Branch and the Legislature as this initiative is considered and its details are developed in the much larger context of the overall state budget for fiscal year 2012. Municipal Impact - HURF Diversion The Executive Budget also includes a proposal to reduce the city and town allotment of Highway User Revenue Fund (HURF) dollars by approximately $12.5 million. These funds would be diverted to support the budget of the Arizona Department of Public Safety (DPS). While this initiative may have a significant impact on cities and towns, the proposal includes neither a permanent decrease in HURF allotments nor a statutory change to the HURF distribution formula. According to the Arizona Constitution, HURF funds may be used only for construction and maintenance of streets, roads and highways, and for the enforcement of traffic laws on state highways. Accordingly, the prospective diversion of funds to DPS seems to represent a legally permissible use of HURF dollars. Subdivision Regulation HB 2005, introduced in the House of Representatives by Rep. Burges, chair of the House Committee on Government, would affect local regulation of subdivisions. Among other things, the bill requires that, for subdivisions of ten or Regular Council Meeting - February 1, 2011 - Page 54 of 60 Page 2 of 8 League of Arizona Cities and Towns - Legislative Bulletin fewer lots, municipalities either expedite processing or waive preliminary plat requirements altogether. At a committee hearing on January 18, the bill encountered stiff resistance. The League of Arizona Cities and Towns registered its opposition to the bill, as did the County Supervisors Association of Arizona and individual political subdivisions. As a consequence, the bill was held in order to provide an opportunity for stakeholders to negotiate a compromise with the legislation's principal proponent, an independent broker. The League participated in a stakeholder meeting on January 21 and continues to work with legislators and other interested parties to eliminate or mitigate the measure's impact on cities and towns. Spice During Thursday's House Judiciary Committee meeting, House Bill 2167 (definition of dangerous drugs; synthetic) passed unanimously. Representative Amanda Reeve (R - Phoenix) sponsored the legislation, designed to remove a synthetic marijuana -like drug from the market. The substance, nicknamed "Spice," has been known to cause severe impairment (including loss of speech) in users. The League was party to stakeholder meetings on the bill and supported the measure as a means to enhance public safety and health. Legislator Profile - Representative Amanda Reeve When Amanda Reeve was very young, her father, a C -level executive with a Fortune 500 pedigree, retired from corporate America to follow a dream: to become a cowboy in the wide open spaces of the West. Following a stint as a cattle rancher in Texas, he ultimately established the Reeve Hereford Ranch in Durango, Colorado, where the future representative was reared. Representative Reeve, the proud product of a tight -knit family, learned many life lessons from her father, not the least of which were the value of thorough research and the importance of following one's dreams. "My father researches everything," Rep. Reeve fondly explains. When he reinvented himself as a cattleman, he researched different breeds of cattle and learned that Herefords were among the tamest. Consequently, he acquired a herd of the mellow creatures and put his family to work. 'They were more like pets," remembers Rep. Reeve, who often shared living space with the cows who wandered into her family's ranch house. As the 34- year -old lawmaker discharges her duties as the chair of the Committee on Environment, the research gene that she inherited is getting quite a workout. The detail- oriented northwest Phoenix Republican, representing District 6, also serves on the Committee on Energy and Natural Resources and the Committee on Higher Education, Innovation and Reform. Rep. Reeve was appointed to the House on February 17, 2010 to fill the vacancy left by the departure of former Rep. Sam Crump, who resigned to run for Congress. She was elected to her first full term this past November. Resisting both the lure of Clean Elections funding and the counsel of advisers to send negative mailers, Rep. Reeve was the top vote - getter in the 2010 primary and general elections for a District 6 House seat. Energetic, smart and tireless, Rep. Reeve powers through her jam - packed days on the fuel of dedication, rather than the stimulant of caffeine. In addition to her legislative responsibilities, Rep. Reeve works in the environmental and natural resources practice group of Polsinelli Shugart and is a masters candidate in the Environmental Technology Management graduate program at Arizona State University. Managing multiple responsibilities is nothing new for Rep. Reeve. Growing up in Durango, she simultaneously worked on the ranch, attended school, participated in 4 -H, and helped out with the family's hotel business. While other youth were relaxing and attending parties, Rep. Reeve found social engagement in cattle branding and inoculation shindigs. Regular Council Meeting - February 1, 2011 - Page 55 of 60 Page 3 of 8 League of Arizona Cities and Towns - Legislative Bulletin A supporter of local autonomy, Rep. Reeve believes that cities and towns should not be subjected to unfunded mandates by the state. Recognizing that localities have already absorbed substantial budgetary cuts, she would oppose efforts to reduce local government's share of state - collected tax revenues. Following her graduation from California State University at Sacramento (where she studied communications and public relations), Rep. Reeve moved to Phoenix and fell in love with the state. She finds that Arizona is a great place to pursue dreams and make a difference. And that ain't no bull - Hereford or otherwise. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Regular Council Meeting - February 1, 2011 - Page 56 of 60 Page 4 of 8 POLICY AGENDA: BUILDING A MORE PROSPEROUS ARIZONA The Four Cornerstones of Reform Armed with a clear sense of purpose, meaning and mission, Arizona will again be a magnet for business relocation, formation and growth; capital formation and investment; employment and personal income growth; and prosperity for all Arizona businesses and citizens GOVERNOR JANICE K. BREWER January 18, 2011 A S AMERICA ENTERS the fifth year of the most devas- The result will be a vibrant Arizona: a magnet for tating economic downturn since the Great Depres- business relocation, and capital formation; a catalyst for sion, Arizona is party to a vital national debate focusing the creation of new business and new jobs; a breeding on how state governments can most effectively enhance ground for intellectual and educational achievement; a quality job creation and personal income growth. welcome home for future generations of committed Ari- In pursuit of that objective, the leaders of some large zonans seeking to build their dreams; and a safe envi- states — principally in the Northeast and Midwest and on ronment where families and individuals can enjoy life the West Coast — have chosen a perilous path that calls without undue fear for their personal security. for dual expansion of the public sector and the regulato- ry supremacy of state government, while undermining FIRST CORNERSTONE OF REFORM and, in too many instances, scorning the principles of ECONOMIC COMPETITIVENESS free enterprise that for more than two centuries have The only jobs that government can create are gov- made America the envy of the world. This reckless strat- emment jobs. While they are necessary for delivering egy mirrors the model of irresponsibility that Congress State services, they do not provide a foundation for eco- and the White House have exhibited with uncommon nomic growth. zeal during the last two years. Government's most productive roles in job creation In contrast, other states are pursuing a more prudent are to: approach that limits the growth of the public sector and • remove unnecessary barriers that impede economic restrains unnecessary regulatory encroachment upon growth, and areas that are outside the rightful scope of state govern- . provide a stable, predictable, business- friendly envi- ment, with the affirmative goal of stimulating free enter- ronment in which private employers can grow. prise. As to which economic model is superior, the verdict In response to the economic downturn, since my first is in: With few exceptions, states that have a strong pri- full day in office the State of Arizona has operated under vate sector enjoy a more robust level of job growth than a moratorium on non - essential new State regulations. Big Government states that deny the central role of the That moratorium must continue until circumstances free market in putting people to work. dictate a change in policy, and, looking forward, we Faithful adherence to limited government and popul- must continue to streamline and expedite the State's ist virtues is a hallmark of Arizona's first hundred years, regulatory process. and it is a quality to which we must remain steadfast if In the coming month, working with Legislative lea - Arizona's second century is to build on its first. dership, we should convene a special session of the Leg - During the next four years, Arizona will reclaim its islature for the purpose of enacting an economic compe- historic position as a national leader in population titiveness package. This package should consist of three growth, job growth and economic energy, propelled by parts: a new Arizona Commerce Authority, job -based tax the FOUR CORNERSTONES OF REFORM on which my poli- incentives, and tax reforms. cies are built. We will fight for reforms in: Commerce Authority. The states with which we vie • Economic Competitiveness for business relocations have two competitive advantag- • Education es over Arizona: the existence of dynamic economic de- •State Government velopment agencies and access to deal - closing funds. To compete, Arizona must eliminate that competitive gap. • Renewed Federalism In contrast to the Arizona Department of Commerce, which has over 50 statutory duties, the new Commerce F�9 4R r ' &qal Meeting - February 1, 2011 - Page 57 of 60 Page 5 of 8 Authority will be exclusively focused on business attrac- community organizations, in conjunction with State tion, retention and expansion in Arizona's strongest policy makers. It is a sound plan with yearly benchmarks economic sectors. As part of this reinvention, the Office that will put us on the path to achieve specific goals by of Energy (currently part of the Department of Com- 2020, including: merce) should become an independent agency within the . improving our high school graduation rate to 93 %, Governor's Office, to allow for a focus on statewide from a starting point of 75 %; energy policy, including the need for more nuclear and . enabling at least 94% of third graders to meet State renewable power. The Arizona Commerce Authority reading standards, in contrast to our baseline of just will carry to the nation and to the world a vital message: 69 %; and Come to Arizona — We Are Open for Business. . doubling the number of college students who com- Tax Incentives. Arizona's enterprise zone tax incen- plete their studies and receive a four -year degree. tive program is outdated and should be replaced with a statewide program of tax incentives that reward compa- Reform Plan Implementation. Arizona's education nies for creating high - quality jobs. reform plan is by no means gathering dust on the shelf; Tax Reforms. We need to phase -in reforms to our tax we are taking action now. structure that will attract businesses from outside Arizo- • In 2009, Arizona became the first state to abolish na and encourage business creation and expansion from teacher tenure laws so that schools would keep their employers already here. Tax reform should include: (a) best teachers based on achievement, not seniority. reducing the corporate income tax rate to a regional av- . In 2010, the State Board of Education adopted, with erage just below 5 %; (b) reducing the business personal my support, internationally competitive academic property tax, which discourages capital investment; and standards to take effect in the 2013 -2014 school year. (c) increasing from 80% to 100% the sales factor in calcu- . Arizona is one of 11 governing members in a con- lating income taxes, to encourage more export -based sortium of 26 states to develop new tests — to replace industries in Arizona. the AIMS test — based on our new standards starting While paying careful attention to these reforms' im- in 2013. mediate impacts on the General Fund and on Arizona , The new labeling system for schools — the "A homeowners, we can create conditions under which our through F" legislation passed last year — will be im- employers can take Arizona to the top tier of states in plemented for schools and school districts. quality job creation. . To help school districts reward performance, new SECOND CORNERSTONE OF REFORM teacher and principal evaluation systems are being EDUCATION developed based on legislation passed in 2010. Employers need a skilled workforce, and employees Data System Replacement. The State's education da- want a good school system for their children. Achieving to system is unreliable and out -of -date. To reward our a strong economy for Arizona's second century requires best teachers and best principals, to ensure that resources that we act now to strengthen our education system. follow success, and to reward schools and colleges for While that assertion echoes the statements and senti- graduating students instead of just enrolling them, Arizo- ments of many other Arizona governors, recent na needs a data system that accurately reports the per - achievements and other changes in circumstance cast it formance of students, teachers and schools. The Execu- in a somewhat different light. tive Budget Recommendation for FY 2012 includes a plan Education Reform Plan. For the first time in Arizo- to fund this system and oversee its development. na's history, we have an education reform plan that Enhancing the Role of Parents. There is no denying reaches every student, in every classroom — from pre- that active involvement of parents is one of the keystones school to college — in every part of Arizona, en route to a of children s academic success. Better information from future in which all Arizona students are prepared to the new data system will allow for better decision - succeed in college and careers and to lead this state in the making by parents seeking safe and effective learning next 100 years and beyond. Children will learn if we environments for their children's academic growth. expect them to — and we expect them to learn in Arizona. Arizona leads the nation in school choice, and during Plan Development and Goals. Under my direction, the next four years we will enhance parents' rights to Arizona's new education plan was developed during the enroll their child in a district school, charter school, pri- last year by the P -20 Education Council, with statewide vate school or home school. In the near future, I will input and support from educators, business leaders and announce further "tools" to assist parents in making RI%K, �&4 0 Meeting - February 1, 2011 - Page 58 of 60 Page 6 of 8 more informed choices regarding their children's educa- keeping its fiscal house in order. Fiscal stability at the tion. State level encourages private- sector job growth, eco- Repurposing the P -20 Education Council. The exist- nomic vitality, higher State revenues, and improved ing P -20 Education Council has served Arizona well in opportunities for the State to provide appropriate sup - coordinating our various education systems. But the port for its core functions: public safety, education, and new, overhauled P -20 Council will be dedicated to driv- assistance for the truly needy. ing results and increasing transparency, while respecting As was discussed in detail in the FY 2012 Executive local control. The new P -20 Council will be comprised of Budget Recommendation, State Government needs a top leaders of Arizona's various public education agen- series of common -sense budget reforms — e.g., a statutory cies along with business and civic leaders. spending limit, an enhanced "rainy day" fund, and Recognizing the business axiom "What gets meas- greater executive authority to reduce expenditures — so ured gets done," the Council will meet semi - annually to that the promiscuous State spending of the mid -2000s measure and track progress of established performance and the resulting budget shortfalls never recur. goals and outcome expectations for preschools, K -12 Spending Limits. The State needs a statutory schools, community colleges and universities. spending limit that allows for natural budget Higher Education Reform. Our colleges and univer- growth but bars State Government from making sities serve as a key asset to State economic development reckless decisions based on short -term, abnormal or and as a gateway for individual economic and social illusory "bubble" revenues. We also need a plan to improvement. Higher education has taken its share of pay down the State debt, resolve the rollover pay - cuts during this economic downturn, despite significant ments and other budget - balancing "fiscal bridges" increases in enrollment. As a result, the university presi- that the State was forced to employ during the re- dents and regents are already realigning operations. We cession, and invest in improvements to State Gov - know more reductions will be made in the coming emment operations during the good times. months. . Improved Budget Stabilization Fund. I repeat my When it comes to higher education funding, the call for a new and improved Budget Stabilization choices are difficult. We must discern between worthy Fund, established with constitutional safeguards, to and unworthy options and reject the latter. Most notably, ensure that our "rainy day fund" will be there when in higher education the prevailing cost structure is not it is "raining." sustainable, and we must rebuild it. Executive Authority to Reduce Expenditures. In There must be more options than simply raising tui- recognition of the deliberative nature of legislative tion or eliminating programs. We must continue to en- bodies, the Constitution should be amended to al- courage efforts that allow our universities to be strong, low Arizona governors to reduce existing expendi- focused enterprises with more graduates with higher tures to balance the budget during a fiscal emergen- skills, more choices in ways to learn, less dependency on cy and to reduce expenditures through the current buildings and less bureaucracy. line -item veto authority. While these goals are ambitious, they are attainable. To that end, the State must continue to explore lower- STATE OPERATIONAL REFORMS cost higher education models, including expansion of State budget reforms are not enough; a top - Two -Plus -Two programs, more regional campuses with performing state economy must have state government differentiated tuition options, online education, a State operations that are cost - effective and nimble. The Gover- College system, and four -year degrees offered by com- nor's Commission on Privatization and Efficiency will munity colleges. continue its work on improving government efficiency. In addition, Arizona needs to modernize its State per - THIRD CORNERSTONE OF REFORM sonnel and retirement systems and reinforce its status as STATE GOVERNMENT a right -to -work state. To consistently rank among America's top economic- Together, the following operational reforms will growth states, Arizona needs a modern State Govern- ensure that the State of Arizona has a limited, efficient, ment. Creating such a government requires a series of and nimble government. reforms in budgeting, programs and operations. Personnel System. Arizona is saddled with an overly bureaucratic State personnel system from a bygone era. STATE BUDGET REFORMS Our personnel system should help State Government Arizona's economic competitiveness and education attract and retain the best employees, and it should in- reform efforts depend on State Government getting and crease employee accountability and agency efficiency. F ggcq4Lq,r&& l Meeting - February 1, 2011 - Page 59 of 60 Page 7 of 8 Under our proposed new system, the vast majority of Border Security. The federal government must fulfill State employees — those who do their jobs well and are its constitutional and statutory duties to secure the bor- committed to effectively serving the public — will have der and restore integrity to our immigration system. nothing to fear. Washington has failed to gain "operational control" of As of a specific date, the new plan will apply to all the border as required under the Secure Fence Act of State employees in supervisory positions, to newly hired 2006, failed to enforce federal immigration laws as employees, and to covered employees being promoted or enacted by Congress, and failed to reimburse the State of otherwise voluntarily changing jobs. The plan will also Arizona for hundreds of millions of dollars in costs in- allow for existing covered employees — not yet subject to curred in trying, convicting and incarcerating criminal the required changes — to opt into the new system. This aliens. The State must pursue all legal remedies to make modern personnel system will be a strong selling point the federal government live up to these responsibilities for business attraction, retention and expansion that and to defend Arizona's right to cooperatively enforce require a nimble and responsive state government. federal immigration laws. We can do no less. Retirement System Reform. While we greatly value Health Care Reform. Arizona will continue to work our State, county and municipal employees, we must in partnership with the growing number of states in ensure that their entitlements are not greater than those challenging the legality and constitutionality of the 2010 of other large employers — or more than Arizona taxpay- federal health care reform act. The federal government ers can support. must remove the Medicaid - related fiscal handcuffs that We will continue and accelerate the retirement bene- prevent Arizona from balancing its budget without rais- fit reforms that began last year to ensure the solvency of ing taxes and that force Arizona citizens and employers our retirement systems while keeping our commitment to pay for Washington's unfunded health care mandates. to those who have played by the rules. Like all states, Arizona must be allowed to design a Right -to -Work Protections. Arizona needs to streng- fiscally sustainable Medicaid program that helps those then the right of every employee to have an individual who need it most. In redesigning the program, Arizona relationship with his or her employer, and Arizona must needs to reaffirm the fundamental principles of personal remain a strong right -to -work state. The imposition of responsibility and reject the chimera that government any meet - and - confer process should be enacted in statute "help" is the solution to all problems. Growing depen- and not simply by a Governor's command, and I recom- dence on government in health care and other areas is mend that the Legislature prohibit in statute any such the wrong direction for Arizona and for our nation. future action by a Governor. Federal Oversight of Local Elections. The U.S. Su- preme Court recently ruled that local governments may FOURTH CORNERSTONE OF REFORM petition to remove themselves from Section 5 of the Vot- RENEWED FEDERALISM ing Rights Act — the federal pre - clearance process. Over The United States has a federal government, not a na- 60 local jurisdictions in other states have done so success - tional government. For the next four years, Arizona will fully. Qualified local Arizona jurisdictions should file continue to pursue a policy of "Renewed Federalism" similar petitions with the U.S. Department of Justice and that protects the State of Arizona and its citizens against be freed of the unnecessary, burdensome and expensive an over - reaching federal government. federal oversight of Arizona elections. Never during our nearly 100 years of statehood has CONCLUSION federal interference in Arizona's affairs been more bla- tant than in 2010. We must demand that the federal gov- Over the next four years, Arizona will be a leader emment: among the states pursuing shared principles of a limited public sector, regulatory restraint, and a vibrant private • secure our international border; sector. With this vision being implemented in Arizona • overturn the 2010 health care reform and its uncons- through the FOUR CORNERSTONES OF REFORM FOR BUILDING A titutional mandates on states, employers and citi- MORE PROSPEROUS ARIZONA, and with a clear sense of pur- zens; and pose, meaning and mission, the youngest of America's 48 • free local jurisdictions from unnecessary federal contiguous states will be, as it was prior to the recent oversight of local elections. national recession, an irresistible magnet for business In addition, we must defend Arizona's vital interests relocation, business formation and growth, capital for - in other areas from any unwarranted federal intrusion. mation and investment, employment and personal in- come growth, and prosperity for all Arizona businesses and citizens. Pf0T.Cwk' Meeting - February 1, 2011 - Page 60 of 60 Page 8 of 8