HomeMy WebLinkAbout12/06/2011 Council Agenda Packet MA
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, December 6, 2011, at or after 7:00 PM
Ed Honea, Mayor
Patti Comerford, Vice Mayor
David Bowen, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Jon Post, Council Member
Roxanne Ziegler, Council Member
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in
italics.
As a courtesy to others please turn off or put in silent mode all pagers and cell phones
Meeting Times
Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and
third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may
change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch
for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting.
In such a case a new agenda will be posted in place of this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other
agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and
deliver it to the Town Clerk prior to the convening of the meeting.
All persons attending the Council meeting, whether speaking to the Council or not, are expected to
observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct.
Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from
the meeting and will not be allowed to return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council Chambers are
wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of
special services as a result of their disability, such as assistive listening devices, agenda materials
Regular Council Meeting - December 6, 2011 - Page 1 of 61
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.
Agendas
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, December 05, 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.
Individuals addressing a meeting at the call to the public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities in the
facilities and the town's overhead projector /document reader. 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
Mike Henry Proclamation
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
P 1: Relating to Northwest Fire; annexations within the Town of Marana, and fire
coverage for Marana citizens in non - annexation areas (Gilbert Davidson )
CONSENT AGENDA
Regular Council Meeting - December 6, 2011 - Page 2 of 61
The Consent Agenda contains items requiring action by the Council which are generally routine
items not requiring Council discussion. A single motion will approve all items on the Consent
agenda, including any resolutions or ordinances. A Council Member may remove any issue from
the Consent agenda, and that issue will be discussed and voted upon separately, immediately
following the Consent agenda.
C 1: Resolution No. 2011 -106: Relating to Administration; approving fiscal year
2011 -2012 budget adjustments (Erik Montague)
C 2: Resolution No. 2011 -107: Relating to Elections; approving and authorizing
the Mayor to execute an intergovernmental agreement between the Town of Marana
and Pima County for the provision of election services for the period of January 1,
2012 through December 31, 2016 (Jocelyn Bronson)
C 3: Ordinance No. 2011.33: Relating to the Utilities Board; amending Town Code
section 16 -1 -2 (Membership) to revise and update the membership of the Marana
Utilities Board (Frank Cassidy)
C 4: Resolution No. 2011 -108: Relating to Utilities; establishing a policy
concerning water service outside town limits (Ann Meaders)
C 5: Minutes of the November 15 study session and November 15 regular meeting
LIQUOR LICENSES
L 1: Relating to Liquor Licenses; recommendation to the state liquor board
regarding a Person to Person Transfer of a Series 6 (Bar) liquor license application
submitted by Douglas R. Johnson on behalf of Bedroxx, located at 4385 W. Ina
Road
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Ordinance No. 2011.34: Relating to Offenses; amending Marana Town Code
Title 11 entitled "Offenses "; amending Section 11 -3 -3 relating to graffiti abatement
procedures; amending Section 11 -9 -1 relating to general penalties; and designating
an effective date (T. VanHook)
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Relating to Legislation and Government Actions: Discussion and possible
action regarding all pending state, federal, and local legislation/government actions
and on recent and upcoming meetings of other governmental 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), for
discussion or consultation with the Town's attorneys and to instruct the Town's
Regular Council Meeting - December 6, 2011 - Page 3 of 61
representatives concerning (1) the lawsuit entitled Town of Marana v. Pima
County/Pima County v. Marana (consolidated), Maricopa County Superior Court
No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 11038 1; (2) the
lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No.
020116094; and (3) 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
possible purchase of certain water and wastewater utility facilities and real property
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more
council members request an item to be placed on the agenda, it must be placed upon the agenda
for the second regular town council meeting after the date of the request ( Marana Town Code,
Title 2, Chapter 2 -4, Section 2 -4 -2 B)
ADJOURNMENT
Regular Council Meeting - December 6, 2011 - Page 4 of 61
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, December 6, 2011, 7:00:00 PM
To: Mayor and Council Item P 1
From: Gilbert Davidson , Town Manager
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
This presentation relates to the Community Building focus area under the Town's strategic
initiative to keep residents safe and secure.
Subject: Relating to Northwest Fire; annexations within the Town of Marana, and fire coverage
for Marana citizens in non - annexation areas
Discussion:
The Town of Marana and the Northwest Fire District entered into an Intergovernmental
Agreement (IGA) to provide fire and emergency medical services in 1996. The term of the IGA
was two years and provided Town subsidies to cover services while the Fire District worked to
annex portions of the Town that were not already in the District. The Fire District completed a
convoluted annexation that absorbed more than 80% of the occupied residents that could legally
be annexed. What remains are pockets of residents not wanting to annex, vast acres of farm land,
and undeveloped desert. The agreement requires Northwest Fire District to cover areas until
annexations are attempted or completed. For all practical purposes, an "Umbrella of Coverage"
has been provided to areas in the Town and not within the Fire District taxing Authority since
1996.
The Fire Board passed a resolution in May 2011 to phase -in those areas being served outside the
taxing jurisdiction via annexation offers. The Fire District will establish annexation areas that
have developed parcels. The intent of these annexation areas is provide up to one year of
continued "Umbrella Coverage" and to allow those property owners to annex via the Parcel or
Petition Annexation processes. If, after one -year has passed and the requisite property owners
have chosen not to annex into the Fire District, the "Umbrella Coverage" will cease.
The staff of the Northwest Fire District has been working with Marana Staff to plan and generate
interest for these annexations. There are currently three annexations within the Town by the Fire
District. Of those three annexations, two (Camino de Mariana and Tangerine/Moore) have
residents living in the areas.
ATTACHMENTS:
Name: Description: Type:
Regular Council Meeting - December 6, 2011 - Page 6 of 61
O Town of_Marana Annexation Update_Nov_2011.doc Memo from Chief Piechura Backup Material
O NWFD_Boundary_Prop Annex.pdf Annexation area map Backup Material
Staff Recommendation:
Suggested Motion:
Regular Council Meeting - December 6, 2011 - Page 7 of 61
O Es Fwx /W SCUEDISTRI CT
SERVING RESIDENTS OF THE NORTHWEST FIRE DISTRICT. THE FLOWING WELLS
COMMUNITY AND IJIE TOWN OF MARANA
ADMINISTRATION/LIFE SAFETY SERVICES 5225 W. MASSINGALE RD. TUCSON AZ 85743
P HONE: (520) 887 -1010 FAX: (520) 887 -1034 www.northwestfire.org
Date: October 17, 2011
To: Honorable Mayor and Council
From: Jeff Piechura, Fire Chief
Reference: Annexation Efforts within the Marana Town Limits
Annexation History with Town of Marana
Since 1984, the Northwest Fire District has served portions of the Town of Marana
beginning with the Continental Ranch area and then growing as the Town annexed
areas within the Fire District.
The Fire District annexed what was known as the Westinghouse Master Plan Area in
1994. This area was bought and sold and later became the prestigious Dove Mountain
Community.
The Town of Marana and the Northwest Fire District entered into an Intergovernmental
Agreement (IGA) to provide fire and emergency medical services in 1996. The term of
the IGA was two years and provided Town subsidies to cover services while the Fire
District worked to annex portions of the Town that were not already in the District. The
Fire District completed a convoluted annexation that absorbed more than 80% of the
occupied residents that could legally be annexed. What remained were pockets of
residents not wanting annex, vast acres of farm land, and undeveloped desert. The
agreement required Northwest Fire District to cover areas until annexations were
attempted or completed. For all practical purposes, an "Umbrella of Coverage" has been
provided to areas in the Town and not within the Fire District taxing Authority since
1996.
The Town elected officials and various Staff members, throughout the years, have
supported the subsequent annexation of projects and master planned communities as
these projects were either rezoned or permitted for development.
Over that period of time, however, some projects and single owner properties have
been constructed without requirements or guidance to annex into the Fire District, or,
the Fire District has been unable to annex them due to statutory restrictions based on
contiguousness, leaving them out of the property tax base.
........ . _
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R ?VORTH�L'ES'T F'IYLU�STRI�T 1'6��4CC�RLDIED `m- THE COMMISSION ON FIRE ACCREDITATION INTERNATIONAL
The Fire District has utilized two annexation processes to bring projects and properties
into the tax -base: Single Parcel or Petition Annexations. Single Parcel Annexation
allows the Fire District annex a single parcel that is adjacent to the Fire District
boundary. The Petition Annexation is based on an engineered map and legal
description with a petition requirement of more than 50% of the Property Owners and
more than 50% of the Value of the Property.
There are four high - profile, developed areas in the Town that have not annexed:
• Ritz - Carlton Resort
• TRICO
• Butterfly Mountain Ranch
• Marana Estates
The Zoning Commission recommendations from Staff have consistently required
Annexation of proposed projects into the Fire District. There is little follow- through from
the Town to require this caveat be fulfilled, leaving the Fire District to then market the
annexation.
Arizona Constitutional Gift Clause
Given the recent Supreme Court rulings pertaining to governmental allocation of
resources for use to non - taxpayers, and governmental agreements with private
corporations, the Fire District has been tasked to reexamine those areas being served
that are not within taxing authority.
Fire District Out -of- District Response Policy
Based on this examination the Fire Board passed a resolution in May 2011 to phase -in
those areas being served outside the taxing jurisdiction via annexation offers. The Fire
District will establish annexation areas that have developed parcels. The intent of these
annexation areas is provide up to one year of continued "Umbrella Coverage" and to
allow those property owners to annex via the Parcel or Petition Annexation processes.
If, after one -year has passed and the requisite property owners have chosen not to
annex into the Fire District, the "umbrella Coverage" will cease.
The staff of the Northwest Fire District has been working with Marana Staff to plan and
generate interest for these annexations. There are currently three annexations within
the Town by the Fire District. Of those three annexations, two (Camino de Manana and
Tangerine /Moore) have residents living in the areas.
Annexation progress:
Teal Blue Trail: The Teal Blue area is generally situated east of
Thornydale Road and north of Moore Road adjacent to the District's current boundary.
There are a number of vacant parcels within the Town limits. NO RESIDENTS.
EXPIRES: Teal Blue Annexation expired on October 26
........ _ .. _ ...........
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Regular Council Meeting - December 6, 2011 - Page 9 of 61
Camino de Mariana III: The Camino de Mariana III annexation is generally situated
south of Tangerine and west of Camino de Oeste and runs along the Camino de
Mariana corridor adjacent to the District's current boundary. There are a number of
vacant parcels within the Town limits. There are 30 homes within the Town limits with
residents (most of these residents have signed the petition).
EXPIRES: December 14
Tangerine — Moore: The Tangerine -Moore annexation area is generally situated east of
Camino de Oeste and north of Tangerine Road. There are a number of vacant parcels
within the Town limits. There are 25 homes that are within the Town limits (less than
half of the residents have signed the petition).
EXPIRES: January 12
As of 10/11/2011, we have less than the required signatures to complete the
annexations for Tangerine /Moore and the Camino de Mariana areas. (see attached
chart for detail)
We have continued to receive an average of 4 -5 telephone inquiries per week and
received approximately 15 additional signatures for the Camino de Manana area during
the past month. We also have continued to update the website "Annexation Progress"
chart periodically and add additional articles and information as it becomes available.
Mountain Vista Fire District has ceased providing services to the unincorporated areas
since September 30, 2011, and Rural Metro is providing interim coverage from the
Station at Orange Grove /Skyline. Those parcels that lie within the boundaries of the
Town of Marana have also continued to enjoy the coverage provided by the Northwest
Fire District.
Alternatives
The Fire Board requested Staff develop alternatives for these areas in the event that the
petition drive for annexation failed.
Staff has reviewed the issue and offers the following alternatives for the Fire Board to
consider:
Alternative 1- Parcel Annexation Effort
The Teal Blue Trail Annexation:
• Let the petition gathering process expire on October 26 tH
• Staff is already working with those property owners who desire annexation to
accomplish via the Parcel Annexation Process.
• Provide written notification to those residents that have not chosen to parcel
annex into the Fire District an opportunity to do so, while explaining that if they
chose not to annex, we will not be their fire department.
The Camino de Manana III Annexation
• Continue to work the area with petitions to attain the 51% benchmark.
31 Page
Regular Council Meeting -December 6, 2011 -Page 10 of 61
• Let the petition gathering process expire on December 14 tH
• Staff will begin working with those property owners who desire annexation to
accomplish via the Parcel Annexation process.
• Provide written notification to those residents that have not chosen to parcel
annex into the Fire District an opportunity to do so, while explaining that if they
chose not to annex we will not be their fire department.
• The Town of Marana has a number of residents and vacant property in this area.
• The Town is fully engaged in assisting in gaining support for the annexation.
Tangerine /Moore Annexation
• Continue to work the area with petitions to attain the 51 % benchmark.
• Let the petition gathering process expire on January 12 tH
• Staff will begin working with those property owners who desire annexation to
accomplish via the Parcel Annexation process.
• Provide written notification to those residents that have not chosen to parcel
annex into the Fire District an opportunity to do so, while explaining that if they
chose not to annex we will not be their fire department.
• The Town of Marana has become an active partner in the annexation process
offering to meet with the property owners to gain support.
Predicted Outcomes:
The Fire District would be able to Parcel Annex all of those property owners that signed
the petitions supporting the annexation within 60 days.
The Fire Board would have up to 15 separate single parcel annexation resolutions to
review and act upon. Concurrently, the Administrative Services Division would need to
handle the ministerial duties to prepare those parcel annexations.
The cost to this alternative is limited to Staff and Legal time.
Alternative 2- Redraw Annexation Maps based on Interest
The Fire District could redraw the annexation maps to create a number of Petition
Annexation efforts focusing on those areas of support in all three annexation areas.
The difficulty will be to limit the creation of any "islands" within those annexations.
Predicted Outcomes:
The Fire District would be able to annex larger areas utilizing a majority of interested
property owners to leverage those that do not want to annex and are in the path to get
other interested properties.
This process would take up to 120 days to develop engineered legal maps and
descriptions, provide for mailings, and hold public hearings before petitions could be
passed.
.... .... _ .....
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Regular Council Meeting - December 6, 2011 - Page 11 of 61
The cost to this alternative would be: for engineering ($1,500 to $3,000) for each
annexation; printing and mailing of public hearing notices ($850 - $2,000); Staff and legal
time; printing and mailing petitions and legal descriptions ($850 - $2,000)
Alternative 3- Discontinue the District Sponsored Annexation Efforts
The Fire District could discontinue the District sponsored and funded annexation efforts.
This would place the financial and process burden upon those seeking annexation.
Predicted Outcomes:
The annexation process can be complex for property owners attempting to navigate the
laws of the State. Low annexation outcomes are predicted.
The costs for this alternative would be limited to Staff and legal time.
Alternative 4- Combination of Alternatives
There may be areas that the Fire District does not want to serve based on the checker -
boarding effect parcel annexations will have on politics, operations, public relations, and
jurisdictional responses.
The Fire Board may choose to specify Alternative for each Annexation Area to limit
potential conflicts.
This could create emergency response complexities that place District personnel into
circumstances in dealing with out -of district response issues. A clear understanding of
District Policies by all Supervisors and the Dispatch Center will be required to limit this
potential exposure.
Predicted Outcomes:
To strictly conform to the State Laws on Annexation the Fire District may need to
perform a combination of annexation processes that include both Single Parcels and
Petitions.
This would have varying impacts on timing for providing emergent services coverage to
the property owners whom desire NW Fire District services. Some residents could
receive services within 30 days while other within sight of a Parcel Annexation property
would wait up to 120 days plus petition processing time (45 days).
Fire Protection Options
The State of Arizona does not require Towns or Counties to provide fire protection.
Cities, generally, are required to provide fire protection through Charter or policy.
Towns can provide fire and emergency medical services. Gilbert, Paradise Valley, and
Queen Creek are three notable suburban communities that provide these services.
Some towns have fire districts overlapping the boundaries: Apache Junction, Prescott
Valley, Bullhead City, Oro Valley, and Marana all have fire districts serving all or
portions of their communities.
.. ........
51 P ztg�
Regular Council Meeting - December 6, 2011 - Page 12 of 61
Fire Departments: Municipalities form fire departments to serve their communities. The
fire department resides within the municipal management structure. It is funded via the
general fund.
Fire District: Communities in the State, whether incorporated or not, can create or be
annexed into fire districts. Fire Districts are governed by State Statutes and elected
officials. It is funded through separate property taxes, can levy voter approved bonds,
and is audited annually.
Fire Authority: The Legislature recently passed a law that allows municipalities and fire
districts form a "Authority" to mutually manage the fire and emergency medical services
across multi - municipal and unincorporated areas. Generally speaking, the agencies that
form the "Authority" have separate fire departments that merge into one cohesive fire
agency with one Board of Directors that is represented by the various agencies. It is
funded through either IGA's with municipal general fund payments, property taxes from
participating fire districts. The Fire Authority can levy voter approved bonds.
Areas Not in Either of the Above: Those areas in Pima County outside of a municipality
or a fire district have historically relied upon the Rural /Metro Corporation to provide
Umbrella Fire and EMS Protection Services. These residents have the option to
purchase a contract from the Corporation or without a contract still receive the fire and
EMS services and be billed an enormous amount of money for services. Private fire
protection is not governed by the State and is not bound by any requirements to serve
an area.
Property Taxes = Fire District Services
The Northwest Fire District levies property taxes to fund the operations and services to
the residents, businesses and industries within the taxing jurisdiction.
The level of services dictates the level of needed funding. Based on community surveys
over the last ten years, residents desire municipal style services. This level of service
includes:
• Response times within 4 -7 minutes in developed areas. The Northwest Fire
District serves over 110,000 residents from 10 fire stations, 5 of these fire
stations are in the Town of Marana.
• Paramedics on rescues and fire engines.
• Low Insurance Premiums — ISO Class 3
o Ladder Trucks
o Large Fire Engines well equipped
0 4 Person Staffing
• Technically competent and professional employees. All of our Captains have at
least an Associate's Degree. The Management Team has a minimum of a
Bachelor's Degree. The Fire Chief has a Master's Degree. 75% of our total
workforce has a college degree.
61 P age
Regular Council Meeting - December 6, 2011 - Page 13 of 61
• Special Operations Teams:
• Hazardous Material - Certified Level "A" Response
• Technical Rescue - Certified Regional Response Team
• Wildland Fire — Interagency Hot -Shot Hand Crew- Certified Incident
Commanders and Overhead Team Members
• Emergency Management Type III Team
• Strategically aligned, Community -based services, facilities, personnel, and the
fiduciary management of taxpayer funds.
The changing economic times has created an opportunity for government to create a
"New Normal" in how it does business. The Northwest Fire District has held the current
levy of $25,400,000 for the past four budget cycles. During this time, we have added a
new fire station (Tangerine and Thornydale), achieved International Accreditation,
participate in the ICMA Performance Management program, and continued to meet and
exceed response time criteria. We have been adapting services, programs, and
systems to the changing economic environment and the political necessities /realities of
the communities we serve.
Partnerships
The Town of Marana has been an integral partner to providing quality fire and
emergency medical services for the communities served by Northwest Fire. Over the
past 15 years, the Town and the Fire District have grown exponentially. Together, we
tend to the important needs of our respective constituents. Working together, Marana
and Northwest plan and respond to the emergencies and the non - emergent needs of
the community. Our various divisions and departments have worked together well in
good times and challenging times.
The Fire District is entering into a partnership this winter with University Medical Center
and U of A College of Medicine to provide medical control, data analysis, and research
for the various medical services provided by the Fire District.
Our Community Health Program began this fall with a Joint Clinic "Andrea's Heart"
Flowing Wells Junior High providing cardiac monitoring to students. University
Physicians, Gooter Foundation, Sarver Heart, and U of A College of Medicine were all a
part of this program. This program was a result of a tragic event two years ago that took
the life of student during a soccer match. This program found 13 at -risk students out of
450 tested.
The Fire District participates and partners with the Sarver Heart Cardiac and Stroke
Study by providing data and analyzing the results to better treat these types of patients.
The Fire District has automatic response agreements with Golder Ranch and Picture
Rocks Fire Districts. We are working to re- secure an agreement with Avra Valley Fire
District. We have Mutual Aid Agreements with 12 other fire agencies in the valley.
.
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Regular Council Meeting - December 6, 2011 - Page 14 of 61
The New Training Center recently opened with Phase -One of Two completed. This
Training Center will be the hub of all of the fire and EMS training for the entire northwest
communities. We will be working with Pima Community College Fire Science, JTED Fire
Science, and local fire agencies to advance the level of training for all firefighters in the
area.
8 age
Regular Council Meeting - December 6, 2011 - Page 15 of 61
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, December 6, 2011, 7:00:00 PM
To: Mayor and Council Item C 1
From: Erik Montague , Finance Director
Strategic Plan Focus Area:
Commerce, Community Building, Heritage, Progress and Innovation, Recreation
Subject: Resolution No. 2011 -106: Relating to Administration; approving fiscal year 2011-
2012 budget adjustments
Discussion:
The Town Council adopted the fiscal year 2011 -2012 budget on June 21, 2011. The adopted
budget set the legal level of budgetary control for the Town at the department level for the
General Fund and at the fund level for all other funds.
Certain changes to the organizational structure were made subsequent to the adoption of the final
budget. All costs associated with these adjustments were included in General Fund final budget.
The budget adjustments within this item reallocate existing resources to the appropriate
departments and areas within the General Fund. Additionally, there are no changes to the
number of authorized positions (FTE) as a result of these changes.
The following describe the nature of the adjustments:
- Technology Services - The position of Environmental Project Coordinator in Engineering was
reclassified to a GIS Analyst and transfered to Technology Services. This adjustment moves the
FTE and expenditure authority from Engineering to Technology Services.
- Planning Department - The position of Planning Director was re- established in the current fiscal
year. This adjustment reclassifies the Development Services General Manager position to a
Planning Director and moves the FTE and expenditure to Planning.
- Permits and Records - The position of Project Coordinator in Engineering was transfered to to
Permits and Records. This position transfer is related to the initiatives regarding the business
development center.
- Public Services General Manager - This adjustment reallocates resources from General
Government to Public Services General Manager for projected transition costs related to this
position. This reallocation is required to allow for the successful recruitment of this position
and provide the time required to completely transition the responsibilities to the successful
candidate.
Regular Council Meeting - December 6, 2011 - Page 17 of 61
- CIP Division - This adjustment reallocates resources related to Honea Heights Sewer
Connection project from Engineering to the CIP Division. This adjustment moves the resources
to the department that has been providing the oversight of this project from its inception.
These changes require the reallocation of existing resources between the
impacted departments. Budget adjustments that move expenditure authority between
departments in the General Fund or between funds for all other funds require Council approval.
A summary of budget adjustments (Exhibit A) is attached to this item.
Financial Impact:
This item reallocates existing resources within the General Fund.
ATTACHMENTS:
Name: Description: Type:
El Resolution—FY-1-11--, Resolution Resolution
12 Budgetary Adjustments_(00028674).DOC
E] Council_Budoet_Amendment Nov_2012.pdf Budget Adjustments Exhibit A Exhibit
Staff Recommendation:
Staff recommends approval of Resolution 2011 -106.
Suggested Motion:
I move to adopt Resolution No. 2011 -106, approving fiscal year 2011 -2012 budget adjustments.
Regular Council Meeting - December 6, 2011 - Page 18 of 61
MARANA RESOLUTION NO. 2011-106
RELATING TO ADMINISTRATION; APPROVING FISCAL YEAR 2011 -2012 BUDGET
ADJUSTMENTS
WHEREAS on June 21, 2011, the Council adopted the fiscal year 2011 -2012 budget and
overall financial plan which set the legal level of budgetary control at the department level for
the General Fund and at the fund level for all other funds; and
WHEREAS reallocations of budgetary amounts between departments in the General
Fund and between funds for all other funds are necessary from time to time; and
WHEREAS the Council finds that the reallocations addressed by this resolution are in the
best interest of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Schedule of Budget Adjustments - Fiscal Year
2011 -2012 attached to this resolution as Exhibit A and incorporated here by this reference is
hereby approved.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6 day of December, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - December 6, 2011 - Page 19 of 61 100028674.DOC /}
Town of Marana
Schedule of Budget Adjustments - Piscal Year 2011.2012
Exhibit A
Department Increase Decrease Brief description of change
Non-departmental $ 39,995 Projected transition costs related to future vacancy
Technology Services 55,743 Transfer in GIS Analyst position
Development Service General Manager 125,972 Transfer of Development Services GM position
Planning 125,972 Transfer of Planning Director position to Planning
Engineering 129,682 Transfer of Environmental Proj Coord & Project Coordinator
Permits and Records 57,816 Transfer of Project Coordinator
Public Services General Manager 39,995 Projected transition costs related to future vacancy
CIP Division 16,123 Movement of Hones. Heights prior year carry over
Total $ 295,649 $ 295,649
Regular Council Meeting - December 6, 2011 - Page 20 of 61
A
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, December 6, 2011, 7:00:00 PM
To: Mayor and Council Item C 2
From: Jocelyn Bronson , Town Clerk
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2011 -107: Relating to Elections; approving and authorizing the
Mayor to execute an intergovernmental agreement between the Town of Marana and
Pima County for the provision of election services for the period of January 1, 2012
through December 31, 2016
Discussion:
From time to time the Town of Marana contracts with Pima County for assistance in preparation
and conduct of Primary and General Elections for the Town Council and other special elections
or consolidated elections. The current contract is set to expire on December 31, 2011.
The proposed intergovernmental agreement for election services is for the period of January 1,
2012 through December 31, 2016 unless otherwise amended by both parties.
ATTACHMENTS:
Name: Description: Type:
El Resolution Approving_Elections IGA_
(00028631 -2). DOC Resolution Resolution
E Election_iGA._pdf IGA Backup Material
Staff Recommendation:
Staff recommends approval of the intergovernmental agreement between the Town and Pima
County for the period of January 1, 2012 through December 31, 2016.
Suggested Motion:
I move to adopt Resolution No. 2011 -107, approving and authorizing the Mayor to execute an
intergovernmental agreement between the Town of Marana and Pima County for the provision of
election services for the period of January 1, 2012 through December 31, 2016.
Regular Council Meeting - December 6, 2011 - Page 21 of 61
MARANA RESOLUTION NO. 2011-107
RELATING TO ELECTIONS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PI-
MA COUNTY FOR THE PROVISION OF ELECTION SERVICES FOR THE PERIOD OF JAN-
UARY 1, 2012 THROUGH DECEMBER 31, 2016
WHEREAS the Town desires to enter into an Intergovernmental Agreement with Pima
County to prepare for and conduct primary, general and special elections in the Town of Marana, as
required and necessary for the period of January 1, 2012 through December 31, 2016; and
WHEREAS Pima County, through its Elections Department, is willing to provide election
services for the Town's elections based on the terms set forth in the Intergovernmental Agreement
for Election Services which is the subject of this resolution; and
WHEREAS the Mayor and Council of the Town of Marana find that the proposed Intergo-
vernmental Agreement is in the best interests of the Town and the public.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The Intergovernmental Agreement for Election Services among the Town of
Marana and Pima County attached as Exhibit A to and incorporated by this reference in this resolu-
tion is hereby approved, 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.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6 th day of December, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - December 6, 2011 - Page 22 of 61
(0002863 LDOC / 2 )
INTERGOVERNMENTAL AGREEMENT
For Election Services
Among the Town of Marana and Pima County
This Intergovernmental Agreement (IGA) is by and among THE TOWN OF MARANA OF PIMA COUNTY,
ARIZONA, a municipal subdivision of the State of Arizona (the "Town ") and PIMA COUNTY, a political
subdivision of the State of Arizona ("County"), on behalf of the PIMA COUNTY ELECTIONS
DEPARTMENT (the "Elections Department).
WHEREAS, the County of Pima has a comprehensive voting system and certified elections officials;
WHEREAS, the Town of Marana, an Arizona political subdivision, pursuant to A.R.S. §9 -231 (A), is
authorized to.prepare for and conduct primary elections, general elections and special elections;
NOW, THEREFORE, IT IS AGREED by and between the County, on behalf of its Elections Department, and
the Town, pursuant to A.R.S. §§ 16- 205(C),16- 172,11- 251(3),11- 952,16- 45.0,16-409 and 16-405 et. seq.,
authorize County to perform election - related services for a political subdivision as follows:
1. Purpose. The purpose of this IGA is to set forth the duties and responsibilities of the Elections
Department and Town with respect to any election to be held by Town of Marana during the term of
this IGA. These elections will be held in accordance with the provisions of all pertinent
election statutes.
2. Term. The term of this IGA shall be from January 1, 2012 through December 31, 2016 provided that
the term shall continue through final resolution of any legal challenge to the election. Any
modifications or time extension ofthe IGA shall be by formal written amendment and executed by the
parties.
3. Elections De artment Services. The Elections Department shall:
A. Make available support services, ballots, voting equipment, vote tallying equipment,
precinct supplies, and such other election materials as may be required for proper
conduct of the election.
B. Provide County personnel necessary to effectively administer the election as set forth in this
IGA.
C. Provide final camera -ready ballot formats to the Town, including Spanish Language
translations, no later than 55 days prior to each election. Upon written notice of a need for a
change to the ballot format approved by the Town, the Elections Department shall, if possible,
Regular Council Meeting - December 6, 2011 - Page 23 of 61
Agreement Between Pima County and
The Town of Marana
arrange for.the corrections to be made by the vendor. The Elections Department will inform
Town of the additional charges incurred.
D. Provide a certified copy of the "Official Elections Returns" to the Town within ten (10) days
s after each election.
E. Store and dispose of election material as required by law.
F. Prepare and deliver an invoice to the Town for charges incurred by the Elections Department
for each election. The invoice shall contain a detailed breakdown of all costs and be
provided no later than forty-five (45) days after each election.
4. Town Oblieations. Town shall:
A. Provide written notice to the Elections Department that election- related services are required
for a consolidated election. Unless otherwise mutually agreed, notice shall be provided at
least 120 days prior to the election date. Notice shall detail the election- related services
required.
B. Make all submissions required under Section 5 of the Voting Rights Act to the Department of
Justice and provide timely notice to County of any pre- clearances required under Section 5 of
the Voting Rights Act.
C. Make arrangements with the County for any necessary translations as required by Section 203
of the Voting Rights Act.
D. Provide County Elections Department with the final certified copy of any ballot issue for a
Town election at least 90 days prior to the election, unless a different timeframe is otherwise
mutually agreed upon.
E. Review and approve the camera -ready ballot formats provided by the Elections Department
no more than two (2) business days after receipt. Town must notify the Elections Department,
in writing, of any required changes after the ballot format has been approved.
F. Be responsible for the preparation and distribution ofpublicity pamphlets, including, but not
limited to, any requisite translation, printing and mailing.
G. Pay any and all charges for printing of ballot pages, sample ballots, ballot labels, or any other
items by commercial means directly to the commercial vendor providing such services, unless
alternate billing arrangements are agreed to by the County Director of Elections in writing.
H. Be solely responsible for defending, legally or otherwise, any election contest if an election is
challenged or questioned for any reason whatsoever. This duty shall survive the expiration of
Regular Council Meeting - December 6, 2011 - Page 24 of 61 2
Agreement Between Pima County and
The Town of Marana
the IGA, provided that County shall cooperate with the Town in making relevant information
and witnesses available upon reasonable request.
I. Be responsible for the security of all ballots tabulated by officials and vendors other than
County's agents or employees and ensure that any functions performed by Town or its outside
vendors comply with applicable law and the procedures of the Secretary of State.
J. Arrange for and publish any and all notices of each election as required by law.
K. Prepare and timely submit an re ports r uired under A.R.S. 1640
Y �1 §
5. Manner of Financina/Payment.
A. Town will pay the Elections Department the costs of services and other costs incurred within
thirty (30) days of the date of the invoice. Costs and fees due and owing will be those in
effect at the time elections services are provided as established by Pima County ordinance. A
copy of the Ordinance No. 2009 -58 which sets forth the costs and fees in effect at the time
this IGA is executed is attached hereto as Exhibit A.
B. Town will, within thirty (30) days ofthe date ofthe invoice, pay the Elections Depattmentthe
actual costs for any changes to ballots incurred by the Elections Department.
C. Any amount invoiced by the County that is not paid thirty (30) days from the date of the
invoice shall accrue interest at the rate of ten percent (10 %) per annum until paid. The Town
expressly acknowledges and agrees that the payments required to be made hereunder
constitute valid, binding obligations and authorized debt of the Town.
6. Hold Harmless Clause. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless
the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses
(including reasonable attorney's fees) (hereinafter collectively referred to as "claims ") arising out of
bodily injury or any person (including death) or property damage, but only to the extent that such
claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees or
volunteers.
7. Compliance with Applicable Laws. The parties shall comply with all federal, state and local laws,
rules, regulations, standards and Executive Orders, without limitation to those designated within this
IGA. The laws and regulations of the State of Arizona shall govern the rights of the parties, the
performance of this IGA and any disputes hereunder. Any action relating to this IGA shall be brought
in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during
the terms of this IGA shall apply but do not require an amendment.
Regular Council Meeting -December 6, 2011 -Page 25 of 61 3
Agreement Between Pima County and
The Town of Marana
8. Non- Discrimination. Neither party will discriminate against the other party's employee, client or any
other individual in any way involved with, the other party, because of that person's age, race, creed,
color, religion, sex, disability or national origin in the course ofcarrying out Town's duties pursuantto
this IGA. Both party's agree to comply with the provisions of A.R.S. §41 -1463 and of Executive
Order 75 -5, as amended by Executive Order 2009 -09, which are incorporated into this IGA by
reference, as is set forth in full herein.
9. Americans With Disabilities Act. This IGA is subject to all applicable provisions of the Americans
with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable Federal
Regulations under the Act, including 28 CPR Parts 35 and 36.
.10. Severability. If any provision of this IGA or any application thereof to the County, Town or any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of this IGA which can be given effect, without the invalid provision or application and to
this end the provisions of this IGA are declared to be severable.
11. Conflict of Interest. This IGA is subject to the cancellation for conflict of interest pursuant to
A.R.S. § 38 -511, the pertinent provisions of which are incorporated herein by reference.
12.. Non - Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated
if for any reason the County Board of Supervisors or Town does not appropriate sufficient monies for
the purpose of maintaining this IGA. In the event of such cancellation, County or Town shall have no
further obligation other than for payment for services rendered prior to cancellation. .
13. LaI Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a
court, at the request of a third person, declares that either party Iacks authority to enter into this IGA,
or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no
recovery may be had by either party against the other for lack of performance or otherwise.
14. Worker's Compensation. Each party shall comply with the notice of A.R.S.§ 23- 1022(E). For
purposes of A.R.S. § 23 -1 022, each party shall be considered the primary employer of all personnel
currently or hereafter employed by that party, irrespective of the operations of protocol in place, and
.said party shall have the sole responsibility of the payment of Worker's Compensation benefits or
other fringe benefits of said employees.
15. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be
construed to, create any partnership, joint venture or employment relationship between the parties or
create any employer - employee relationship between County and any Town employees, or between the
Town and any County employees. Neither party shall be liable for any debts, accounts, obligations nor
other liabilities whatsoever of the other party, including (without limitation) any other party's
obligation to withhold Social _Security and income taxes for itself or any of its employees.
Regular Council Meeting - December 6, 2011 - Page 26 of 61 4
3
Agreement Between Pima County and
The Town of Marana
16. No Third Party Beneficiaries Nothing in the provisions of this IGA is intended to create duties or
obligations to, or rights in, third parties not parties to this IGA, or to affect the legal liability of arty
& party to the IGA by imposing any standard of care different from the standard of care imposed by law.
17. Resolution of Conflicting Needs. In the event conflict arises between the County and Town over the
use of voting equipment, vote tallying equipment, or County elections personnel, County shall'have
priority, but shall make reasonable efforts to reconcile conflicts so that neither party will suffer as a
consequence of conflict.
18. Notice. Any notice required pursuant to this IGA shall be given to:
Countv/Elections Town
Brad R. Nelson Jocelyn Bronson
Elections Director Town Clerk, Town of Marana
6550 S. Country Club 11555 W. Civic Center Drive
Tucson, AZ 85656 Marana, AZ 85653
Phone: (520) 351 -6830 Phone: (520) 382 -1999
Fax: (520) 351 -6870 Fax: (520) 382 -1998
19. Termination. Either party may terminate this IGA at any time by giving written notice of such
termination and specifying the effective date thereof, at least thirty (30) days before the effective date
of such termination. In the event of termination, any real or personal property belonging to either
Party and furnished pursuant to this IGA, shall be returned to the furnishing party. Any funds of Town
paid to County in accordance with this IGA and not encumbered at the time of termination shall be
refunded to Town and, if Town terminates, Town shall pay any and all costs of County incurred up to
the date of termination or as a result of termination.
20. Immigration. A.R. S. § 41 -4401 prohibits government entities from entering into an agreement with
any other government entity contractor or subcontractor who fails, or whose subcontractors fail, to
comply with A.R.S. § 23- 2I4(A). Therefore, each party agrees that:
1. Party and each subcontractor it uses warrants its compliance with all federal immigration laws
and regulations that relate to its employees and its compliance with §23 -214, subsection A.
2. A breach of a warranty under paragraph I shall be deemed a material breach of the Agreement
and is subject to penalties up to and including termination of the Agreement.
3. Each Party retains the legal right to inspect the papers of the Party or subcontractor
employee(s) who work(s) on this Agreement to ensure that Party or subcontractor is
complying with the warranty under paragraph I.
5
Regular Council Meeting.- December 6, 2011 - Page 27 of 61
3
......... . ...
Agreement Between Pima County and
The Town of Marana
21. Iran /Sudan Business Operations. Pursuant to A.R.S. §§ 35- 391.06 and 35- 393.06, each Party
certifies that it does not have a scrutinized business operation, as defined in A.R.S. §§ 35 -391 and
35 -393, in either Iran or Sudan.
22. Entire IGA. This document constitutes the entire agreement between the parties pertaining to the
subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or
written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered
or extended except through a written amendment signed by the parties.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement on this day of
2011.
TOWN OF MARANA PIMA COUNTY BOARD OF SUPERVISORS
By: B
Mayor Chair
ATTEST: ATTEST:
By: B
Clerk Clerk of the Board of Supervisors
D AS TO CONTENT*
By:
Brad R. Nelson, Director; ima County Elections Department
The foregoing Intergovernmental Agreement between the Town of Marana and Pima County has been
reviewed pursuant to A.R.S. § 11 -952 by the undersigned, who have determined that it is in the proper
form and is within the powers and authority granted under the laws of the State of Arizona to those parties
to the Intergovernmental Agreement represented by the undersigned.
PIMA COUNTY TOWN OF MARANA
1
Deputy County Attorney Attorney for the Town of Marana
1
r 6
i
Regular Council Meeting - December 6,2011 - Page 28 of 61
i
F. ANN RODRIGUEZ, RECORDER DOCKET: 13588
RECORDED BY: LLW PAGE: 4352
DEPUTY RECORDER � P� N0. OF PAGES: 9
1956 PE -2 ° o SEQUENCE: 20091230719
'P0230 x 06/26/2009
Pn-BL co CLERK OF Tim BOARD � p �"F ORDIN 18:00
PICKUP �. .
PICKUP
AbOUNT PAID $ 0.00
EXHIBIT A -
ORDINANCE NO. 2009 - ,g
AMENDMENT OF THE PIMA COUNTY ELECTIONS DEPARTMENT FEE SCHEDULE
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PIMA
COUNTY, ARIZONA AMENDING FEES FOR ELECTION-
RELATED SERVICES PROVIDED BY THE .PIMA COUNTY
ELECTIONS DEPARTMENT
WHEREAS, the Pima County Board of Supervisors is authorized, pursuant to
A.R.S. §§ 11: 251.08, 16 -205, and 16 -503, to charge for election- related services
provided by the Pima County Elections Department, and,
WHEREAS, the Pima County Board of Supervisors has the authority under
A.R.S. § 11- 251.05 to adopt all ordinances necessary or proper to carry out the
functions of the County.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY,
ARIZONA:
SECTION 1. Ordinance 2006 -55 is hereby amended according to the attached
schedule of prices.
SECTION 2. This Ordinance shall take effect thirty -one (31) days from the date
of adoption. a
Regular Council Meeting -December 6, 2011 - Page 29 of 61
SECTION 3. If any provision of this Ordinance, or the application thereof to any
person or circumstance is invalid, the invalidity shall not affect other provisions or
applications of this Ordinance, which can be given meaning without the invalid
provision.
PASSED AND ADOPTED THIS 16th day of
.3rrtrp , 2009.
PIMA COUNTY BOARD OF SUPERVISORS
r ,
RicharcrEllas, Chairman, 'Board of Supervisors
ATTEST: APPROVED AS TO FORM:
W �� o'star Clem o�ig iei,3urkawitz, Deputy County Attorney
J C,r
REViED':If 1
Brad R. Nelson, Di r of Elections
Regular. Council Meeting - December 6, 2011 - Page 30 of 61 L�
LEVEL I. FULL SERVICE ELECTION
1. Sa)arieslBenefits:
Permanent Employees:
Total hourly rate for all employees x the total number of hours = total cast. The
total cost x 1.1011 = The Total Adjusted Cost. Total Adjusted Cost divided by the
total number of registered voters for all jurisdictions = Unit price. Unit price x total
number of registered voters for each jurisdiction = total salaries and benefits per
Jurisdiction,
Temporary Employees:
Total hourly rate for all Temporary employees hired to work elections x total
number of hours (regular & overtime 0 time and one -half) = total cost Total
cost x 1.1011 = Total Adjusted Cost Total Adjusted Cost divided by total number
of registered voters for all jurisdictions = unit price. Unit price x total number of
registered voters for each jurisdiction = total Temporary Employee cost
Poll Worker pay:
Actual cost unless there is more than .one election within a precinct If more than
one election Is being held within a pminot the formula is as follows: Total Cost
divided by the total number of registered voters for all jurisdictions = unit price.
Unit price x the total number of registered voters in each jurisdiction = total cost
per jurisdiction.
There are S 8 board members per board In each precinct.
1— Inspector. $185.00
2 — .fudge of the Opposite Party: $155.00
3 — Judge of the Same Patty: $44Q W U 55•p00
4 — Marshal: $440;08 1$ 55.00
5 — Clerics: $140.00 each der oliin ac
Special training for ceitain or all Poll Workers may be necessary for training on
new, equipment, new legislation, new procedures, etc. - $6D per Poll Worker per
day of training.
Law enforcernent.— (used at the discretion of the Pima County Election's Director) —
actual cos
Technical Support Team — Actual Cost
Audit Board pay:
Audit Board members shall receive $75 per election.
Auditor nay:
Auditors (oourrty employees) will receive $200 per election
Political Party Observers:
Political > Party Observers shall melve $75 per election ni ht
Recelvihq Board Members:
Resolving Board Members Lq unty IMMpyges) F&O for class $80L Per election
(past 10 PM $40 morel
Receiving Hoard Members (non county emobyles) $12 per hour S
Inspection. Hoard Members:
Inspection Board Members (county employeesl $40 for class. $80 per election
(past 10 PM $40 more)
Inspection Board members (non - county employees) $12 per hour
2006 fee chednle with itt ike thnr -abanE - 996 too Schedule WA mgm t-b--
Regular Council Meeting - December 6, 2011 - Page 31 of 61
I
i
Schedule of Prices
Full Service Election
PPne :
t Logic and Accuracy .Certification Board pay:
Logic and Accuracy certification board members shall receive $100 for their
service In the conduct of the logic and accuracy test(s) and an additional $100 for
their service on Elecction Day and post Election Day,
Overtime:
Total number of overtime hours worked at time and one -half. Total cost of
overtime divided by the total number of registered voters In all Jurisdictions = unit
price. Unit price x total number of registered voters in each Jurisdiction = total
cost per jurisdiction.
Page
2 Early Ballot Provisional Ballot Processing expenses:
This cost viii be implemented for any election with a combined total of 50,000 or
more registered voters. This cost will be implemented at the discretion of the
Division of Slaslie a Pima County Elections Cleoafinent
1– $13 7 0 Inimum fee for I -200 Early Baliats and Provisianai Ballots
2 – Over 200 Early Ballots and Provisional Ballots – the cost is $.35 -t.
per ballot
S. Ballot Printing: Actual cost (includes early ballots and Elactlon Day ballots).
4. Advertising: Actual cost tf County submits the advertisement.
5. Professional Services:
Postage: actual cost,
Printing: actual cost.
Sort, label & mail: actual cost.
Translations: actual cost:
6. Computer.
Total number of hours x $85.00 = total cost of counting ballots (this includes early
ballots, Election Day ballot results and provisional ballots)
2005 ft sc a with ru-c
Regular Council Meeting - December 6, 2011 - Page 32 of 61 �jll
Total cost divided by the total number of ballots cast for all jurisdictions = unit
price. Unit price x total number of ballots cast for each jurisdiction = total cost per
jurisdiction.
7. Building Rental. Actual cost of polling place and class instruction facilities.
B. Precinct package preparation flee.
$200;00 per box x total number of voting areas per jurisdiction. (Package
Includes supply box, Accu -vote and black ballot box.)
f 9. Other.
signs $15.90 pe; sign (PmPaRtIon).
Voting Booth Rental - $6.50 per booth.
Handicapped Booth - $8.00 per booth.
Steep Cade and Lock - $55.00 per cage
Misc.- gharges — Other dharge(s) incurred related to the conduct
of the election. Charges may include cost of mileage, vehicle rental, photo
copies, maps, cellular phone call charges, etc.
A0. Replacernsnt Costs: Actual cost
I 2006 The sohkWk with strike e9a'M& slaw Elate
Regular Council Meeting - December 6, 2011 - Page 33 of 61
i
3
Schedule of Prices
LEVEL 2. CONSOLIDATED ELEC'T'IONS
Any jurisdiction may choose to have Its election combinecl with any county vide election. A fee of €& 76
cents_ per registered voter will apply.
The fie- seventy five cent fee covers the following services:
• Boardworker recruitment and training and service
• Polling Place acquisition and use
• Sample Ballot printing and postage
• Translation services
• Early and Provisional Ballot processing
• Ail supplies
• Supply delivery and pickup
I • Law Enforcement
• Technical Suoport
• Election night processing and tabulation
If an election is held during a county wide primary election, ' the jurisdiction will pay actual cost of
additional ballots needed. Any additional services requested by the jurisdiction are provided on actual
cost basis.
*Any iurtdiction that has S00 or less registered votgrs will not be charged the feed ago{is-0-11date-d
election. if a water district that has 300 or less registered voters chooses to have a property owner ballot
will 2av the 75 eenfee g_l„us the actual additional charges lnou.g]g with oro2ggy owner ballots
2006 fee schedule wrtb W3% thtv-oh —2106 6e sehadWe W*4W3w
Regular Council Meeting - December 6, 2011 - Page 34 of 61
I
i
Schedule of Prices
LEVEL 3. SPECIFIC SERVICES FOR SUPPORT OF AN ELECTION
This option will allow jurisdictlons to select only those supplies and services to be provided by the49Yis4aR
el €-les#iens Pima County Elections Department
Ballot layout & programming — per hour $6"0 120.00
Ballot printing Actual Cost
Aocu -Vote Unit" & Ballot Box - per voting area $350.00
- Accu -Vote Unlrwlth no Ballot Box $250.00
Central Count Aoau -Vote Unit` $250.00
Accu -feed $200.00 (each)
Touchsoreen $250.OD
Secrecy booths $6.50
Handicapped secrecy booths _. $8.00
Ramps $65.00
Steel Carte and Pad Look s5g:00
Boardworker recruitment — per hour $2
Polling Place acquisition — per hour $398 ssD.00
$oardworker training — per class $690.9 $760.00
Polling Place supplies -- per voting area $75.00
Early Ballots/Provisional Ballots processing:
i
1-200 $:9:8A 75
I over 200" $ 46_.50 per ballot
Postage Actual Cost
Supply Delivery and Pick up — per voting area $7A9 70O
Translation Actual Cast
Trouble shooters — hourly per person $NiM I40.00
Tabulation Actual Cost
Recount Actual Cost
Disposition of Ballots (Treaswegs Vault) —299,094 49Q,GGG rag ;fflate-re- i G-0-0-41)
.
Repair Costs — The ima County Elections Deaartment vdi arrange for all repairs.
The jurisdiction will be invoiced for the actual cost. The Jurisdiction will make no attempt to repair,
replace or modify damages to any equipment,
Replacement Costs — Actual Costs (includes supplies such as keys, key rings, ARS Books, adapters,
phone cords, power cords or any other supplies requested by the jurisdiction.)
"Memory Cards for Accu Vote and 'ouch Screen Voting Devices are for Pima County use only.
2005 The wbedule with strilm tiro ch -7 006 fee ashadefe wM -sh" dw
Regular Council Meeting - December 6, 2011 - Page 35 of 61;
Schedule of Prices
LEVEL 4. NON - GOVERNMENTAL. ELECTIONS
A non - governmental organization may have assistance from the Dik4sign of glegfiGna-Plina County
Elections Department conducting an election. A flat fee of $980 will apply. The Pi
€aeetien,- P €ma County Elections Department may provide services for Student Body Elections at no L
charge.
The $950 covers the following services:
Ballot Layout
The organization must provide the ima County Elections
Department with ballot language no later than 45 days prior to the election. If the
ballot language is - not provided within 45 days, the Pima
Cou& Flectipns Department milt not do the ballot layout. The organization is
responsible for printing ballots. The Divisien of E4esflGR&- Pima County Elections
Depa_rlment wilt provide a suggested printing company's name, telephone
number and address at the request of the organization.
Sample Ballot &
Publicity Pamphlet:
The jurisdiction is responsible for preparing and printing any sample ballot or
publiolty pamphlet.
Boardworker Acquisition &
Training:
The GU slon of FileoUens Pima County Elections Department wilf not recruit
boardworkers, nor will they staff a polling place. The Mh4plan nt Min it
County Elections Department will train boardworkers, at the request of the
organization. The ima County Elections Department will
supply lists of boardworkers In the area at the request ofthe organization. The
jurisdiction Is responsible for acquiring a facility for boardworkers training.
Ballot Tabulation:
The Pima_Cou�lty 1= 1ecans Departme�tt wail provide ballot
tabulation during normal business hours at the 0141slcm W 9 Pima Co
Elections Deoartment Office. Tabulation must be completed by the close of
business.
Polling Place Facilities:
The jurisdiction is responsible for acquiring the facility for voting on election day.
This includes setup and cleanup of Wilty.
Non- Govemmental Eieggons will not jacludle a Touch Screen Device
2005 The schedule _w sma'ke thry nhwaxa m fee sure -w s&ikfl s�
Regular Council Meeting - December 6, 2011 - Page 36 of 61
PRICE LIST
MAPS —
ha g.
Maps printed by an outside printer will be sold at actual cost
PHOTO COPIES — Photo copies are $.10 per page. if a document is two sided and copies are two
sided, the cost is $.10 per side.
RESEARCH FEES —A research fee will be assessed at the price of $28.00 per hour (one hour minimum)
for any Information more than two calendar years old.
ELECTION RESULTS — Election results am avabble on CD only and are $10.00 per CD.
2006 ftschedule with gMlLe th ni-ctt m 1 066 fee -s; h" v* 6Ww #i�r
Regular Council Meeting - December 6, 2011 - Page 37 of 61 r+`~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, December 6, 2011, 7:00:00 PM
To: Mayor and Council Item C 3
From: Frank Cassidy , Town Attorney
Strategic Plan Focus Area:
Not Applicable
Subject: Ordinance No. 2011.33: Relating to the Utilities Board; amending Town Code section
16 -1 -2 (Membership) to revise and update the membership of the Marana Utilities
Board
Discussion:
The seven - member Marana Utilities Board was created in 2005 in connection with the town's
effort to secure an allocation of hydropower for the Utility Department's use. The Board's
membership reflected the makeup of the town at that time, and included "a town assistant
manager designated by the town manager" and the "town operations director" among its
members. These employee positions no longer exist in the town, and certain other member
requirements have made it difficult to secure a regular quorum of the Utilities Board.
The ordinance proposed by this item would modify the composition of the Utilities Board to
assure consistent and engaged member participation. The following table provides a visual
re resentation of the chan a in membership:
Old member list: New member list
Utilities director Udlities department
y the utilities d irector
Finance director Finance director or finance department
employee designated by the finance director
Council appointed:
- Wastewater representative Three council- appointed members who are
-Town resident town residents or utility customers
- Council member
M director 7manatger n employees appointed by th7town
nager /designated
manager
Regular Council Meeting - December 6, 2011 - Page 38 of 61
ATTACHMENTS
Name: Description: Type:
E] Ordinance _ Utilities _ Board_ Membership _Revisions_
(00028602). DOC Ordinance Ordinance
Staff Recommendation:
Staff recommends adoption of Ordinance No. 2011.33, changing and updating the composition of
the Marana Utilities Board.
Suggested Motion:
I move to adopt Ordinance No. 2011.33, changing and updating the composition of the Marana
Utilities Board.
Regular Council Meeting - December 6, 2011 - Page 39 of 61
MARANA ORDINANCE NO. 2011.33
RELATING TO THE UTILITIES BOARD; AMENDING TOWN CODE SECTION 16 -1 -2
(MEMBERSHIP) TO REVISE AND UPDATE THE MEMBERSHIP OF THE MARANA
UTILITIES BOARD
WHEREAS the Marana Utilities Board was created by Ordinance No. 2005.20; and
WHEREAS the Town Council finds that the membership of the Marana Utilities Board
needs to be updated and revised to better serve the needs of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Section 16 -1 -2 (Membership) of the Marana Town Code is hereby amended
as follows (with deletions shown with stT-ilfeeuts and additions shown with double underlining)
16 -1 -2 Membership.
The membership of the utilities board shall consist of the town utilities director
or a utilities department employee designated by the utilities director three a
council - appointed members who are either town
residents or utility customers of the town, two town employees appointed by the
town manager, and the t own epe r - ations di- ,.,,t,...., the town finance director or a
finance department employee designated by the finance director--a-�
assistant manager- designated by the town managef, a eetmeil appointed to
r-esidei+t, and one member- of the Eouneil appointed by the . The council
shall choose the chair of the utilities board from among its membership.
SECTION 2. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6 day of December, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regular Council Meeting - December 6, 2011 - Page 40 of 61
100028602.DOC /}
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, December 6, 2011, 7:00:00 PM
To: Mayor and Council Item C 4
From: Ann Meaders , Interim Utilities Director
Strategic Plan Focus Area:
Community Building
Strategic Plan Focus Area - Additional Information:
Secure all necessary water resources and infrastructure interim
Subject: Resolution No. 2011 -108: Relating to Utilities; establishing a policy concerning water service
outside town limits
Discussion:
On June 15, 2010, the Town Council held a study session to discuss a policy toward providing potable
water service outside the town limits. Recognizing the high water resources costs and significant staff
effort that accompany the provision of water service, Utilities Department staff presented a proposed
recommendation normally to provide water service only to properties and projects located within the town
limits.
The Town Council appeared to accept staffs proposed recommendation, but no formal policy was ever
presented for adoption. The proposed resolution presented with this item would formalize the policy as
presented at the June 15, 2010 study session.
Under this resolution, the Utilities Department will be required to obtain Council authorization to provide
water service outside the town limits other than to individual single family residences and non-
commercial uses located within existing, established Town of Marana water service areas.
ATTACHMENTS:
Name: Description: Type:
❑ Resolution_Water Service Outside Town Limits
(000285,9 D1OC Resolution Resolution
Staff Recommendation:
Staff recommends adoption of Resolution No. 2011 -108, establishing a policy limiting the provision of
water service outside town limits.
Suggested Motion:
I move to adopt Resolution No. 2011 -108, establishing a policy limiting the provision of water service
outside town limits.
Regular Council Meeting - December 6, 2011 - Page 41 of 61
MARANA RESOLUTION NO. 2011-108
RELATING TO UTILITIES; ESTABLISHING A POLICY CONCERNING WATER SERVICE
OUTSIDE TOWN LIMITS
WHEREAS the Town Council held a June 15, 2010 study session concerning the Marana
Utilities Department's provision of potable water service outside the town limits of the Town of
Marana; and
WHEREAS the Town Council finds that high water resources costs and significant staff
effort accompany the Marana Utilities Department's provision of water service; and
WHEREAS the Town Council finds that the Marana Utilities Department's provision of
water service should normally be made only to properties located within the town limits of the
Town of Marana.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. As a general policy, town and Marana Utilities Department staff are not
authorized, without separate formal Council action, to provide potable water service to any of the
following unless they are located within the town limits of the Town of Marana:
• commercial and industrial property
• residential subdivisions
• individual single family residences and non - commercial uses located outside of
existing, established Town of Marana water service areas
SECTION 2. Any request for potable water service from the Marana Utilities Department
that is, in the opinion of the Marana Utility Director, inconsistent with this general policy shall
not be granted without formal Town Council action.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6 day of December, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
RegulliQmhmrfeetUio bll bi(�kffkg 42 of 61 Frank Cassidy, Town Attorney
{00028599.130C /}
MAR
STUDY SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 15, 2011, at or after 6:00 PM
Ed Honea, Mayor
Patti Comerford, Vice Mayot ,�
David Bowen, Council Meer
Herb Kai, Council Member,,
Carol McGorray, Coun f'U" nber
Jon Post, Council Member
t..
Roxanne Ziegler, , CT- t l Member
STUDY SESSI�i
CALL TO ORDER AND ROLL CALLS t ng called t Mayor Honea at
6:06 p.m. Town Clerk Bronson noted at #s a quor esent; Council
Member Post was excused. , '
PLEDGE OF ALLEGiNC VOCATIO�lMOMEN�I OF SILENCE. Dispensed
with until the regul eting border of Major Honea.
APPROVAL Ol; AGEN> the agenda by Vice Mayor Comerford,
second by fember`� orray � se d unanimously 6-0.
n,
DISC C on: N/DIRECTt+Il/POSE ACTION
1: - es' Relating1�Board�; Commissions and Committees; discussion and
direction reg�ing the creahi€ n of the Marana Citizens' Forum. Presented by Gilbert
Davidson. 1V11ftavidson,#Oted that both presentation items involve interaction and
engagement with The Citizens' Forum will be an overview of what has
been proposed prev 4 1" and the mechanisms involved in bringing the project to
fruition. This is a ne and
of engaging citizens in an entirely new way. The
traditional model has been citizen commissions which tended to focus on specific issues
in a particular realm. The Citizens' Forum is designed to bring all of those minds and life
experiences to a roundtable format and allow people to talk about a broad policy issues
that affect the overall community. This will be a facilitated process which will culminate
in action plans to be presented to Council and other community groups for follow -up. If
Council votes in favor of this item, it will suspend the current Citizen Advisory
Commissions which have been relatively inactive. Staff anticipates holding three to four
Forums annually beginning January 2012. Mr. Davidson outlined membership and the
appointment process as well as the term limits, giving members at least four to six Forum
opportunities. Current commissioners would be invited to participate automatically for
Regular Council Meeting- December 6, 2011 - %qa 45, 2011 Study Session Minutes
1
the first term. He then outlined the session, topic selection and presentation of
recommendations processes as well as the methods of notification to citizens to
participate. He further noted that each Forum could take two to three months. Council
will have the ability to guide the discussion of steps going forward once the
recommendations are presented. As each Forum develops, action steps may change or be
tweaked. Mr. Davidson stated that he had spoken to Tara Jackson, the president of the
Arizona Town Hall, and she is very intrigued and excited about this project and has
offered her assistance with the first Forum.
2: Presentation: Relating to Community and Employee Education and Development;
presentation relating to the Community Connections and Employ onnections
programs. Presented by Del Post and Jocelyn Bronson. Mr Est led the discussion by
highlighting the umbrella label of "Out &About in Maran " community and
employee programs. He noted that the engagement pro gis b developed are an
effort by staff to adhere to the Strategic Plan in becoralrig'i or on of excellence.
He thanked the staff in the Clerk's Office, Human es and Gr Design for
their efforts in putting these programs togethers. Bronson began by :;Eying that
these are new names for old programs in order Witt
t er m the initiatives " goals of
the Strategic Plan which was adopted in 2009 For b i€f Council wo were not
familiar with these programs, the Community Conne ''s program is the former CREW
Citizens Resources and Education W sho program
`
( p) p gr d Employee Connections was
formerly Marana 101, an employee orl I based on s rted by Josh Wright in
2006. CREW started in 2003 as a mech ucate and 1ltarize citizens with
p B
how local government operates and how ey caat tte access to their government
and community partners programsrempor I uspended in 2008 when
budget cuts curtailed inny Bch program due to a hick of staff and other resources.
Community Connecti' s ano *r opportumt� -� civic engagement which staff hopes
will lead citizens not onlybstatng of services provided, but also provide
volunteer ro suc i `� itizens' Forum. The Employee
Connec �s pro cus der Progress and Innovation and designed to assist
empl to understari work�vithin their department as well as give them a
better ui standing of th " ed fob interdepartmental connections so that they can
become be r the town. She then stated that a survey is currently on the
Town Clerk wtpage for cozens to give feedback on what they would like. Council
indicated that they re to see these programs coming back and perhaps staff could
even look into brm ack the Police Academy and GAIN programs. Relative to
questions from Cou Ms. Bronson expanded on the relationship between the
Community Connections, Employee Connections and other programs under "Out &
About."
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.
ADJOURNMENT. Meeting adjourned by order of Mayor Honea at 6:46 p.m.
Regular Council Meeting - December 6, 2011 - 4gefflgVE45, 2011 Study Session Minutes
2
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council study session meeting held on November 15, 2011. I further certify that a
quorum was present.
Jocelyn C. Bronson, Town Clerk
ti
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Regular Council Meeting -December 6, 2011 - h % %� Vb45, 2011 Study Session Minutes
3
A e��r
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 15, 2011, at or after 7:00 PM
Ed Honea, Mayor��` "
Patti Comerford, Vice Mayo
David Bowen, Council Melzer =, ,
Herb Kai, Council Metb
Carol McGorray, Court ember
Jon Post, CouncilMember
Roxanne Zieglerl Meng
wp»
REGULAR COUNCIL TING
CALL TO ORDER AND ROLL CAL g called to o1 Mayor Honea at
7:00 p.m. Town Clerk Bronson called 1 was a quo S " V
pr esent; Council
Member Post was excused \
PLEDGE OF ALLEG.ANC VOCATIO� MOME 1 T OF SILENCE. Led by Mayor
Honea. f,
APPROVAL Q AGENIA , council Member Bowen, second by
�s y f �N�
Council Mom t orray,, agena�ais unanimously approved as written.
CALW� THE PUBLI Bretty Eder spoke regarding the Arizona Daily Star
movmg,stribution ceiwt,� to thformer Basha's at Dove Mountain. Mr. Affholder is
a homeow ing directf behind this area. His concern is lighting and noise,
especially in t`bA Amer 0 s further concern was the notification process when this was
scheduled for the`�B+�ard o'Adjustment hearing. After he finished his remarks, Mayor
Honea gave a brief` ` `own of the issue and where it stands at this time. The next
speaker was Jane Mlurray, a resident of Canyon Pass in Dove Mountain. Ms.
McMurray's comments centered over her concern about the recent decision of the Board
of Adjustment relative to the newspaper distribution facility. She was also unaware of
the meeting and believed that there were no members of the public in attendance, leading
her to believe that only minimum notification requirements were met. Her further
concern is that the Board of Adjustment decision is a decision that negatively affects the
Dove Mountain community and weakens the zoning classification of the retail
commercial center as well as other commercial districts within the town. She questioned
whether the board members truly understood the impact of their decision to reverse the
Planning Director's decision to deny the petitioner's request. She asked that Council
consider an appeal to the Superior 1 Court. Council Member Ziegler asked if action is
Regular Council Meeting - December 6, 2011 - 1 r� P�f 6 �, 2011 Council Meeting Minutes
I
needed to see if the hearing was noticed properly. Mr. Davidson noted that because this
is not an agendized item, staff will be available to talk to the citizens after the meeting.
Council may also consider this as a future study session or future agenda item.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member McGorray noted that the residents of Dove Mountain may need
direction on what they can do rather than what they can't do relative to the newspaper
distribution center. She noted that she spent time packing food boxes at the food bank for
Thanksgiving and asked the community to keep others in mind du ng the holiday season.
Vice Mayor Comerford noted that she would ask for the new, spaper 1 distribution center
item to be on a future agenda item. Mayor Honea commegte n events over the past
week including an ADOT meeting and a redistricting mg $ice the Council
Chambers and an upcoming grand opening and ribbotnv g on'"" .Tday for the
M
Marana Mortuary.,
MANAGER'S REPORT: SUMMARY OF C� �NT "
EV�NTS � s
Mr. Davidson reported on the Council Executive - fort m, e Arizona T wn Hall
Energy Report, both of which are available for Coun ecember 3 is the town's
holiday lighting from 4 — 8 pm in the*purtyard of the cipal complex. The town's
department leadership spent November rking on the I Plan initiatives and
goals. The Finance Department receive a of imports wards. He asked Erik
Montague to present those awards and reogniz " °�� Qe was the 2011 Agency
Certification Award for P �Procuremeii is was rst time the town received
this award. The other ificate for , chievemelft of Excellence for Financial
Reporting. This isighest ` of recogn on for financial reporting and is the third
time the town has recet �1 this award He not at these types of awards would not be
possible without the visi6 ` "pnt o he Council for accountability and
transparen the all sup direction from the Manager's Office and a
core grq' of dedica rofes I Is assembled in his department — two of whom were
prese ( Meghan Doh " Fina� y onager, and Michael Glasson, Procurement
Coordinat
3
�3
PRESENTATOS
CONSENT AGENIt',pon motion to approve the Consent Agenda by Vice Mayor
Comerford, second AV Council Member McGorray, A roll call vote was taken due to the
emergency clauses in Items C 1 and C 3. Passed unanimously 6 -0.
C 1: Ordinance No. 2011.28: Relating to Boards, Commissions and Committees;
amending Marana Town Code Chapter 2 -6; modifying section 2 -6 -3 relating to terms of
office for members of boards, commissions and committees; and declaring an emergency
C 2: Resolution No. 2011 -100: Relating to Boards, Commissions and Committees;
approving and authorizing the creation of the Marana Citizens' Forum as a special
committee of the Town of Marana; and suspending the operation of the Affordable
Housing, Business and Economic Development, Parks and Recreation, Police and
Utilities Citizen Advisory Comm issions
Regular Council Meeting - December 6, 2011 61�� 2011 Council Meeting Minutes
2
C 3: Ordinance No. 2011.29: Relating to Business Regulations; amending the Marana
Town Code Chapter 9 -4 entitled "Massage Establishments "; modifying Section 9 -14 -9
relating to lighting requirements for massage establishments; and declaring an emergency
C 4: Resolution No. 2011 -101: Relating to Personnel; approving and authorizing staff
to implement a one -time lump sum employee appreciation pay increase for fiscal year
2011 -2012
C 5: Minutes of the November 1 regular meeting
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES ,
COUNCIL ACTION
A 1: PUBLIC HEARING: Ordinance No 20,111.30: Relating to ent; an
amendment to Title 5 (Zoning) of the Marano Devel ent Cod g
Section 05.11.03 VC (Village Commercial) as rt r' tc itional Useand
Prohibited Uses; and establishing an effective date
0
Resolution No. 2011 -102 Relating to s +s ment; declatl� s a'public record filed
�
with the Town Clerk the amendment to �t " fining) of the Parana Land
Development Code, modifying Section 0 a 1 03 la commercial) as it relates to
Conditional Uses and Pro ed Uses Moo - TIonea, ed the public hearing and
Ms. Shafer p resented ay or Hon: called fcr comments from the public.
Hearing none, he cl�l the ptx " " hearing. U �in motion by Council Member Ziegler,
second by Council rr Bon, Ordinance. 2011.20 and Resolution No. 2011-
102 were approved S 1, o rford voting nay.
A 2: P LIC HE' G. nance No. 2011.31: Presentation: Relating to
y .
Devel ent; approvirr �fezont rating the Cascada North Specific Plan. Mayor
Honea d the public ring ,resented by Kevin Kish. Mayor Honea asked for
�>
clarificatio whether thfrea is served by the Marana Water Department. Mr. Kish
noted that it Mayor Wnea asked for comments from the public. Hearing none, he
closed the publicin otion by Council Member McGorray, second by Council
Member Bowen to' ` ve Ordinance No. 2011.31. Passed unanimously 6 -0.
A 3: PUBLIC HEARING: Ordinance No. 2011.32: Relating to Land Development;
amending Marana Land Development Code Title 16 (Signs) by modifying Section 16 -09-
04 (Political Sign); and establishing an effective date
Resolution No. 2011 -103: Relating to Development; declaring the amendments to
Marana Land Development Code Title 16 (Signs) modifying section 16 -09 -04 (Political
Sign) as a public record filed with the Town Clerk. Mayor Honea opened the public
hearing. Presented by Lisa Shafer, who noted that this past year, the state legislature
passed HB 2500 which gives persons the ability to put political signs in the public right
of way. The Marana land developm ent code did not allow political signs in the public
Regular Council Meeting - December 6, 2011a��f 61�� 2011 Council Meeting Minutes
3
right of way, so to conform with state statute, the land development code is being
amended. Mayor Honea asked for comments from the public. Hearing none, he closed
the public hearing. Upon motion by Council Member McGorray, second by Council
Member Bowen, Ordinance No. 2011 -.32 and Resolution No. 2011 -103 were
unanimously approved.
A 4: Resolution No. 2011 -104: Relating to Development; approving a preliminary plat
for Tortolita Reserve. Presented by Lisa Shafer, who noted that no preliminary plats
have been brought to Council for approval in a very long time, so this is a good sign. The
application is requesting approval of the 79 -lot single family subdivision on 39 acres.
The location is on the west side of Tortolita Road north of Moore toad, across from
Heritage Highlands. All the roads in the subdivision are public reads rind subject to
impact fees. The Planning Commission recommended unan�trs approval. The
applicant addressed the question of one and two story h es Myesidential guidelines
allow 50% two-story homes, and they are aware of the coerns ofs story homes near
existing residential areas and will take that into con�etion at a futtme. Mr.
Cassidy clarified that there is no opportunity tojpose a height restrict the platting
process. Motion to approve Resolution No. z 04 by t tuncil Member wen,
second by Council Member Kai. Unanimously a�ve�`�
A 5: Resolution No. 2011 -105: Reli g to Intergover tal Relations; adopting a
2012 Town of Marana legislative progW authorizing authorized to lobby on
behalf of the Town of Marana to represettt acid uaue it. Presd by Mr. Davidson,
who noted that this resolution authorizes off to a Mln lobbying activities with the
state legislature and other s \ onents of s ` wernm ��'There are a number of themes
to be covered as a local' nt to mature that v maintain local control as best
we can to better Berm ur citiz items that mpower the town to have enough
flexibility to come "It� solu ns and ideas �hlbcal challenges. This resolution allows
staff sufficient latitude t a iter y that may come up in the next legislative
session to „d "c ' also out t s ability to introduce legislation that would
help suprt our cttt'Mil , An d of erall community. He noted that a change that needs
to be44 de in Section laWgf wh� previously given to Council in their packets. Mr.
�
Cassidy �� ��ified the inter f the posed language, which is intended to be less vague
and clearef.Mr , Davidso ' ''rther clarified that in the motion, he would like to include
language whieh ys "inclu ng the reasonable expenditure of funds to accomplish the
stated goals." A 0 rued the FY '12 budget, we included monies that are used for
our lobbyists which been TriAdvocates. If we need to hire any specialized lobbying
services, then that w' be accomplished by pulling funds from other areas, but this
language would be sufficient to cover those activities. Council Member Ziegler asked
for clarification on what would be brought back to Council for approval. Mr. Davidson
noted that if Council approves the motion contained with the resolution, no further
Council approval is needed for items generally covered in the resolution. Items
additional to what is in the resolution would be brought back for Council approval.
Motion to approve Resolution No. 2011 -105 by Council Member Bowen, second by
Council Member Ziegler. Vice Mayor asked for the additional language to be included
to be read Mr. Davidson read the language, which is "including the reasonable
expenditure of funds to accomplish the stated goals. " Motion passed unanimously 6 -0.
Regular Council Meeting - December 6, 2011 _INN �e A , 2011 Council Meeting Minutes
4
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Relating to Legislation and Government Actions: Discussion and possible action
regarding all pending state, federal, and local legislation/government actions and on
recent and upcoming meetings of other governmental bodies. No action necessary.
EXECUTIVE SESSIONS. Motion to go into executive session on Items E 3 and E 4 by
Council Member McGorray, second by Council Member Bowen. Passed unanimously.
Council Member Ziegler noted that the speakers from Dove Mountain were still in the
audience and asked if it was appropriate to address that item bef oing in into
executive session. As indicated below, Mayor Honea put the Live Mountain item on a
future agenda. Council proceeded to executive session.
Council reconvened at 8:07 p.m.
,g � �
E 1: Executive Session pursuant to A.R.S. §38 x.03 (A3), Council ma for
discussion or consultation for legal advice W omey concer 'ny matter
listed on this agenda.
kl'V
E 2: Executive session pursuant to A S. § 38-43103 �(4) and (7), for discussion
or consultation with the Town's att=6 o instruct th 'n's representatives
concerning (1) the lawsuit entitled TowL F V. Pimaity/Pima County v.
Marana (consolidated), Maricopa County'uperi No �V 2008 - 001131, Arizona
Court of Appeals No 1 V 110381 t l �lawsit. led Pima County v. Town of
Marana, Pima County court No. C 116094; and (3) pending legal issues,
settlement discus nd co t negotiation relating to the transition of Marana
wastewater colleclton° "treat rtnt to the ToMarana
,
E 3: Exec -puta ` ' pur „ t t 8- 431.03(A)(4), discussion or consultation
with the,"own's att "; to cbIder its position and instruct its attorneys regarding the
possibte settlement of�ndem� ofi case entitled Town of Marana v. 4 Points
Developt Group, LL Ptiia County Superior Court Case No. C20094525. Mr.
Cassidy aid for a mote elating to Item E3, the 4 Points case, requesting Council
authorization tattle in th ount of $120K plus statutory interest Motion to approve
by Mayor Honea - on al, Vice Mayor Comerford. Passed 6 -0.
E 4: Executive se suant to A.R.S. § 38- 431.03(A)(4), discussion or consultation
with the Town's attorneys to consider its position and instruct its attorneys regarding the
possible settlement of the condemnation case entitled Town of Marana v. Porteck, et al.,
Pima County Superior Court Case No. C20093013. On Item E4, Mr. Cassidy asked for
authorization to settle in the amount of $50K plus statutory interest. Motion to approve
by Council Member Kai, second by Council Member McGorray. Passed unanimously.
FUTURE AGENDA ITEMS. Pursuant to Council Member Ziegler's request, Mayor
Honea put the issue of the newspaper distribution center on a future agenda to address
the mechanics of notification on the Board of Adjustment decision. Vice Mayor
Regular Council Meeting -December 6, 2011 _%%q�ejrf At , 2011 Council Meeting Minutes
5
Comerford further noted that anyone who is present and wished to be notified would
need to give their names and addresses.
ADJOURNMENT. Motion adjourn by Council Member Bowen, second by Vice Mayor
Comerford. Passed unanimously 6 -0.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on November 15, 2011.1 further certify that a quorum was present.
t
Jocelyn C. Bronson, Town Clerk
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Regular Council Meeting - December 6, 2011 - RY 61�, 2011 Council Meeting Minutes
6
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, December 6, 2011, 7:00:00 PM
To: Mayor and Council Item L 1
From: Jocelyn C. Bronson , Town Clerk
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a
Person to Person Transfer of a Series 6 (Bar) liquor license application submitted by
Douglas R. Johnson on behalf of Bedroxx, located at 4385 W. Ina Road
Discussion:
The application is for a Person to Person Transfer of a Series 6 (Bar) liquor license application
submitted by Douglas R. Johnson on behalf of Bedroxx, located at 4385 W. Ina Road.
Pursuant to state law, the application was posted at the premises where the business is to be
conducted. The posted notice provided that residents within a one mile radius from the premises
may file written arguments in favor of or opposed to the issuance of the license with the Town
Clerk's Office within 20 days of the posting. As of November 28th, no written arguments were
received by the Clerk's Office for or against the proposed liquor license.
The town's Building, Planning and Legal Departments have reviewed this application to
determine whether the applicant is in compliance with zoning, building and other legal
requirements for the business. Additionally, the Marana Police Department has conducted a local
background check. All departments found the applicant to be in compliance and have no
objections to the issuance of this license.
The Town Council must enter an order recommending approval or disapproval of the application
within 60 days after filing of the application. By state statute, "in all proceedings before the town
council, the applicant bears the burden of showing that the public convenience requires and that
the best interests of the community will be substantially served by the issuance of a license."
If the Council's recommendation is for disapproval, the order must include an attachment stating
the specific reasons for the recommendation of disapproval and including a summary of the
testimony or other evidence supporting the recommendation.
If the Council enters an order recommending approval of the application, then no hearing before
the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board
or a resident within a one mile radius from the premises requests a hearing. If the Council enters
an order recommending disapproval of the application or does not submit a recommendation to
the DLLC within the 60 -day time period, or if the director, board or a resident within a one mile
Regular Council Meeting - December 6, 2011 - Page 52 of 61
radius from the premises requests a hearing, then the state board will hold a hearing regarding the
application.
At the hearing, the state board will consider all evidence and testimony in favor of or opposed to
the granting of the license. The decision of the board to either grant or deny an application will
normally take place within 105 days after the application has been filed, unless the director of the
DLLC deems it necessary to extend the time period.
ATTACHMENTS:
Name: Description: Type:
❑ D..escnptton..s of common_types_of liquor_licenses_
(00018233).DOC Descriptions of common types of liquor licenses Backup Material
E] LGB Recommendation_Bedroxx.pdf Recommendation Backup Material
Staff Recommendation:
Staff recommends that an order recommending approval be submitted to the DLLC for this liquor
license application.
Suggested Motion:
OPTION 1: 1 move to adopt an order recommending approval of a Person to Person Transfer of
a Series 6 (Bar) liquor license application submitted by Douglas R. Johnson on behalf of
Bedroxx, located at 4385 W. Ina Road.
OPTION 2: 1 move to adopt an order recommending disapproval of a Person to Person Transfer
of a Series 6 (Bar) liquor license application submitted by Douglas R. Johnson on behalf of
Bedroxx, located at 4385 W. Ina Road.
Regular Council Meeting - December 6, 2011 - Page 53 of 61
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
erf� <t}6 Ba €,
T sCiquor license � is tray.,' rdble ft i = o t (�e> son : n /b catwo,�r#.Ao (04 Mot within the
p. court only afd allows ttie °ttfi sale seta( ritiM(W Th"se all
f ~retailer, to sell and' serve spiti�r- prim hdWWuaC portions, to _ be
Y p
consU?h on the premises and in the air in� er for ponspri Mori arI or off the prerrii sr
A retailer with off sale pri ile es ma et�vv
g arts liquor dif o the licensd prlis�
connection rarith a re #ai! sale. Payment must be rt�de �o,later than the time of deta�r : �s
7o Go").-packaoe sale` o spin tjous liquor card ; made on the of P', is,,
low file
area of off ale operation clods not €itilize a separate entrance am +xtf frssrti the ones providd
k tl7e bar A h6teC or motel wit �� use i ray self twos liquor in sa d
y
airteri in individual portions t€ eats at a ny �e rrians of rriinbar
meted r0 the guest rr± nms of regi a registered mat least twe ity-
ss t is a li @y or device a nd not
of n Ahe hdui `'(,00 a,m and x:00 roudb Saturday
an 1. 0 a.irir an 110 a;m., ors urida s
This is a uota titnse, which means there are, nonry Series 06 licenses a�failable It must be
purche 00ate(y and the price is 164 i�l�lbility in the county. Once a Series 06 has
been udi�auyer rrtust fir a rid, have the 1�r phis gir.ler. ,name,
at tl > �ir.anotther location.
Series 07 Beer and Wine Bar
This liquor license is transferable from person to person and /or location to location within the
same county only and allows the holder both on- & off -sale retail privileges. This license allows
a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions, to
be consumed on the premises and in the original container for consumption on or off the
premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Off -sale ( "To Go ®) package sales can be made on the
bar premises as long as the area of off -sale operation does not utilize a separate entrance and
exit from the one provided for the bar. Payment must be made no later than the time of delivery.
This is a quota license, which means there are no "new" Series 07 licenses available. It must be
purchased privately and the price is based on availability in the county. Once a Series 07 has
been purchased, the buyer must apply for a transfer to have the license put in his or her name,
at the same or another location.
ReguIOOMY O - December 6, 2011 - Page 54 of 61
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
Series 09 Liquor Store
This liquor license is transferable from person to person and/or location to location within the
same county only and allows the holder off-sale retail privileges. This license allows a spirituous
liquor store retailer to sell all spirituous liquors, only in the original unbroken package, to be
taken away from the premises of the retailer and consumed off the premises. A retailer with off-
sale privileges may deliver spirituous liquor off of the licensed premises in connection with a
retail sale. Payment must be made no later than the time of delivery.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and
wine (no other spirituous liquors), only in the original unbroken package, to be taken away from
the premises of the retailer and consumed off the premises. A retailer with off-sale privileges
may deliver spirituous liquor off of the licensed premises in connection with a retail sale.
Payment must be made no later than the time of delivery.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel
license to sell and serve spirituous liquor solely for consumption on the premises of a hotel or
motel that has a restaurant where food is served on the premises. The restaurant on the
licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of
food. The holder of this license may sell spirituous liquor in sealed containers in individual
portions to its registered guests at any time by means of a minibar located in the guest rooms of
registered guests. The registered guest must be at least twenty-one (21) years of age. Access
to the minibar is by a key or magnetic card device and not furnished to a guest between the
hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on
Sundays.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant
license to sell and serve spirituous liquor solely for consumption on the premises of an
establishment which derives at least forty percent (40%) of its gross revenue from the sale of
food. Failure to meet the 40% food requirement shall result in. revocation of the license.
Regult6@)tWY - December 6, 2011 - Page 55 of 61
�`k�t �Orrn
Arizona Department of Liquor Licenses and Control
800 West Washington, S Ioor
l Q ralx; Arizona 85007`
see
�"
--`5 2 51 1
Lm Ni
'PAP 1 '
LOCAL GOiI�RNIN�r 8 +� E /IMEI � CC
MARANA 064
00029
CITY tWN F STATE APPLICATION # ;
COUNTY OF PIMA A TYYIfC/ %COU
01 08
Regular T�
At a meeting of the of the Cit 3viln, ounty
(Regular or Special) (Gover � y)
Marana 6th December 2011
of held on the . 4 day of the
(Day) ` (Month) (Year)
Douglas Robert Johnson
application of for a license to sell spirituous liquors at
the premises described in Application # 06100029 License Class Series 6 was
considered as provided by Title 4, A.R.S. as amended.
IT IS THEREFORE ORDERED that the APPLICATION of Douglas Robert Johnson
is hereby recommended for
(approval/disapproval)
a license to sell spirituous liquors of the class, and in the manner designated in the Application.
IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the
Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona.
CIT"COUNTY CLERK
DATED AT Marana, Arizona
This 6th day of December 2011
(Day) (Month) (Year)
* Disabled individuals requiring special accommodations please call the Department
lic 1007 05/2009
Regular Council Meeting - December 6, 2011 - Page 56 of 61
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, December 6, 2011, 7:00:00 PM
To: Mayor and Council Item A 1
From: T. VanHook , Community Development Director
Strategic Plan Focus Area:
Not Applicable
Subject: Ordinance No. 2011.34: Relating to Offenses; amending Marana Town Code Title
11 entitled "Offenses "; amending Section 11 -3 -3 relating to graffiti abatement
procedures; amending Section 11 -9 -1 relating to general penalties; and designating an
effective date
Discussion:
In June 2011, a multidisciplinary group of Town staff began meeting to look at issues related to
graffiti in Marana, especially in residential neighborhoods. The Graffiti Taskforce met four times
over the summer, working together to define the scope of the problem, review current protocols,
and define action steps for addressing the problem.
Taskforce participants include: Kevin Kish, Tom Ellis, Monica Valdenegro, Dennis Dolan, Laine
Sklar, T. VanHook, Tim Brunenkant, Bill Derfus, Chris Mack, Cookie Gallegos, Robert
Grimaldo, Keith Brann and JR Burns.
Meeting participants discussed the growing graffiti problem and worked together to identify data
collections systems throughout the Town that tracked instances of graffiti on both public and
private property. Once a clear understanding of the problem was established, the group moved
forward with three recommendations for action:
1. Initiate a consistent reporting protocol that included locations (GPS if available) and
photographs that can be logged into one of the Town's tracking systems.
2. Develop resource materials and a public outreach strategy /education program about graffiti -
related sections within the Town Code, as well as self -help and discount programs to assist
residents and property owners in mitigating graffiti.
3. Review and propose necessary updates to the current Town code.
As part of her participation on the Taskforce, Laine Sklar reviewed and proposed changes to the
graffiti abatement provisions in Chapter 11 -3 of the Town Code. The Taskforce members
unanimously supported the proposed changes and asked that the recommendations be moved
forward to Council.
Regular Council Meeting - December 6, 2011 - Page 57 of 61
The proposed ordinance, presented tonight for Council adoption, includes the following changes
to Chapter 11 -3 of the Town Code:
1. Clarification regarding the contents and delivery of notices to property owners regarding
required graffiti abatement.
2. Reduction of the amount of time for property owners to remove or abate graffiti, from 10
days after notice to 48 hours after notice.
3. Addition of a new provision requiring that any abatement or removal of graffiti be
accomplished in a manner that preserves the original color and design of the affected property.
4. Addition of a mandatory $250 fine for failure to abate or remove graffiti within the specified
48 -hour time period.
The proposed ordinance also includes a clean -up revision to Section 11 -9 -1 of the Code
regarding general penalties. As currently written, Section 11 -9 -1 states that all violations of Title
11 of the Code are class 1 misdemeanors, except for false alarm violations. However, violation
of the graffiti abatement provisions is a civil infraction, not a criminal misdemeanor. The
proposed ordinance will clarify that a violation of Title 11 is a class 1 misdemeanor, unless
another classification is provided for a particular offense.
Financial Impact:
None.
ATTACHMENTS:
Name: Description: Type:
❑ Ordinance Amendina Graffiti Abatement
(000286410)".010C Ordinance Ordinance
Staff Recommendation:
Staff recommends approval of the ordinance modifying the Town Code provisions regarding
graffiti abatement.
Suggested Motion:
I move to adopt Ordinance No. 2011.34, amending Marana Town Code Section 11 -3 -3 relating to
graffiti abatement procedures and Section 11 -9 -1 relating to general penalties for Title 11
offenses and designating an effective date.
Regular Council Meeting - December 6, 2011 - Page 58 of 61
MARANA ORDINANCE NO. 2011.34
RELATING TO OFFENSES; AMENDING THE MARANA TOWN CODE TITLE 11
ENTITLED "OFFENSES "; AMENDING SECTION 11 -3 -3 RELATING TO GRAFFITI
ABATEMENT PROCEDURES; AMENDING SECTION 11 -9 -1 RELATING TO GENERAL
PENALTIES; AND DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council is authorized by A.R.S. § 9 -240 to adopt ordinances
necessary or expedient for the abatement and removal of nuisances and to provide the manner of
prosecution and define the punishment for violation of adopted ordinances; and
WHEREAS the Town Council finds that the regulations established by this ordinance are
in the best interests of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Section 11 -3 -3 of the Marana Town Code is hereby revised as follows
with added text shown with double underlinin s? and deletions shown with strike etA tex4
11 -3 -3 Graffiti prohibited; abatement procedures; classification; penalty
A. It shall be unlawful for any person owning or otherwise being in control of any real property
within the town to maintain, permit or allow graffiti to remain on any building, fence,
structure or otherwise on the property where the graffiti is visible from the street or other
public or private property.
B. Upon discovery of graffiti visible from the street or other public or private property, the
graffiti abatement officer shall provide a written notice requiring abatement of the graffiti to
the property owner or person otherwise in control of the real property upon which the
graffiti is located. The notice shall include a specific description of the graffiti and its
location. and shall be mailed by certified mail or hand delivered.
C. Upen the Within 48 hours of receipt of the notice requiring abate-ment the graffiti
, any the person owning or otherwise being in control of the property shall
ividh—in ten days therea remove or abate all graffiti specified in the notice. The -gfa#
abatement effieer &hall give netiee ufiliziag the preeedures set- -fie-r-f-h in this seetie . The
removal or abatement shall be accomplished in a manner that preserves the original color
scheme and design of the affected area
D.
If the property owner or person otherwise in control of the property fails to remove or abate
the graffiti specified in the notice after- within the time period required netiee by this section,
the graffiti abatement officer may cause the removal or abatement of the graffiti at the
Regu1MGSMJ&tVi ,pgGj1? ember 6, 2011 - Page 59 of 61 _ 1 - { 00028640.DOC /}
expense of the property owner or person otherwise in control of the real property The town
or the town's authorized representative is expressly authorized to enter private property and
abate graffiti.
E V iolation of this section shaH eensfitu a is a civil infraction. In
addition to any other penalties allowed by law, a violation of this section is punishable by a
fine of not less than $250.
SECTION 2. Section 11-9-1 of the Marana Town Code is hereby revised as follows
with added text shown with double underlining and deletions shown with stfike eut tex4
11 -9 -1 General
Except as otherwise provided in this title, Aany violation of this title Other fhan
seefi ^..11 _ 2 sh be is a class 1 misdemeanor.
SECTION 3. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 6. This ordinance shall become effective on the thirty -first day after its
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6� day of December, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Regul"g %�egQil? 6, 2011 -Page 60 of 61 -2- {00028640.DOC /}
MARANA
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, December 6, 2011, 7:00:00 PM
.......... . ... . .............
To: Mayor and Council Item D I
From: Gilbert Davidson , Town Manager
Strategic Plan Focus Area:
Not Applicable
Subject: Relating to Legislation and Government Actions: Discussion and possible action
regarding all pending state, federal, and local legislation/government actions and on
recent and upcoming meetings of other governmental 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:
No Attachments Available
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 - December 6, 2011 - Page 61 of 61