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Home My WebLink About02/21/2012 Council Agenda Packet AANA: MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 21, 2012, 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 other please turn off or put in silent mo de 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 a Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting - February 21, 2012 - Page 1 of 46 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, February 20, 2012, 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 ALLEGIANCEANVOCATIONIMOMENT 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 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1: Presentat Relating to Finance; Distinguished Budget Presentation Award for the Town's fiscal year 2011 -2012 Annual Budget and Financial Plan (Erik Montague) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine Regular Council Meeting - February 21, 2012 - Page 2 of 46 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 N o . 2012 -11: Relating to Development; approving and authorizing a resubdivision of the final plat for the Marana Health Center Phase II (Kevin Kish) C 2: Resolution N 2012 -12: Relating to the Marana Regional Airport; approving and authorizing the Mayor to execute a Joint Project Agreement between the State of Arizona and the Town of Marana for pavement preservation (T VanHook) C 3: Minutes of the February 7th regular meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1: Pre sentation :_ Relating to Boards, Commissions and Committees; update from the Subcommittee for Commission and Board appointments (Carol McGorray) COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legis 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 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. C20116094; 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 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 - February 21, 2012 - Page 3 of 46 rt RAN 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 21, 2012, 7:00 PM To: Mayor and Council Item P 1 From: Erik Montague, Finance Director Strategic Plan Focus Area: Not Applicable Subject: Prese Relating to Finance; Distinguished Budget Presentation Award for the Town's fiscal year 2011 -2012 Annual Budget and Financial Plan Discussion: On February 3, 2012, the Town received notification that it had received the Distinguished Budget Presentation Award for its fiscal year 2011 -2012 Annual Budget and Financial Plan. This award is the highest form of recognition in governmental budgeting and represents a significant achievement by the Town. A press release announcing the Town's award receipt was issued soon thereafter. The Government Finance Officers Association (GFOA) established the Distinguished Budget Presentation Awards Program (Budget Awards Program) in 1984 to encourage and assist state and local governments to prepare budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA's recommended practices on budgeting and then to recognize individual governments that succeed in achieving that goal. Documents submitted to the Budget Awards Program are reviewed by selected members of the GFOA professional staff and by outside reviewers with experience in public sector budgeting. Tonight's presentation is to formally acknowledge receipt of the award by Council. Financial Impact: Presentation only. ATTACHMENTS: Name: Description: Type: GFOA—Budget FY2012.pdf Budget Award and Notification Letter Backup Material Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Regular Council Meeting - February 21, 2012 - Page 4 of 46 GOVERNMENT FINANCE OFFICERS ASSOCIATION Distint ' Budget Presentation Award PIMEN"1 ED TO Town of Ma ra a Arizona a For the Fiscal Year Beginning Y 1 2 011 t're id ztt Exec utive Difectar Regular Council Meeting February 21, 2012 - Page 5 of 46 Government Financ Officers Association 203 North LaSalle Street, Suite ,2700 Chicago, Illinois 60 601-12 10 312. "77. 700 fix: 312.9774906 January 9, 2412 Mr. Erik Montague Finance Director Town of Marana 11555 West Civic Center Driv Marana, A 85653 Dear Mr. Montague.; A Panel of independent reviewers has completed its examinationof your budget document. We are pleased to inform you that the panel has voted to award your budget document the Distinguishe Bridget Presentation Award for the current fiscal period. 'This award is the ighestt form o f recognition in governmental budgeting. Its attainment represents :a significant scant act ievement by your organization - The Distinguished :Budget Presentation Award is valid for one year. To continue your participation in the program, it will be necessary to submit your next annual budget document to GEQA within 90 days of the proposed budget's submission to the legislature or within 90 days of the budget's final adoption. Enclosed is an application form to facilitate a timely submission. This form should be submitted with Four copies of your budget accompanied by the appropriate fee. Each program participant is provided with confidential comments and suggestions for possible improvements to the budget document. Your comments are enclosed. We urge you to carefully consider the suggestions Offered by our reviewers as you prepare your next budget. When a Distinguished Budget Presenta Award is granted to an entity, a Certificate. of Recognition for Budget presentation is also presented to the individual or department' designated as being primarily responsible for its having achieved the award. Enclosed is a Certificate of Recognition for Budget Preparation for; Erik Montttgae Finance Director Your award plaque will be mailed separately and should arrive within eight to ten. weeks. Enclosed is a camera -ready reproduction ofthe award for inclusion in your next budget. If you reproduce the camera -ready in your next budget, it should be accompanied by a statement indicating continued compliance with program criteria. The following standardized text should be used; Wasltzn ton, DC Office Regular Cog Flaw l� i'i} 0 ' k • Washington, DC 20004 • 2112.3 18020 *fax: 202.393.0780 WWW.gfoa.org Mr. Erik Mon;taeue January 9, 2012 Page 2 The Government Finance Officers Association of the United States =d Canada (GFOA) presented a Distinguished Budget Presentation Award to Torn of" Mo Tana, Atkoualfor its annual budget for the "fiscal year beginning July 1, 241t. In order to receive this award, a" governmental unit must publish a budget document that Meets, program criteria as a ,policy document; as an operations guide, as a financial plank and as a"communications device. This award is valid for a period of one year only. We believe our current budget continues to conforrn to program ;requirements, and we are submitting it to GFOA to deterivir e its eligibility` for another ward. A press release° is enclosed. The Government Finance Officers Association encourages you to tuake arrangements for a formal presentation of the award.; If you would like the"award presented by a member" of your state or provincial finance officers association. We can provide the name of a contact person fot that group. We appreciate your participation in this program and we s neefely" hope tlut your example will encourage Lathers in their efforts to achieve and maintain excellence in governmental bud ge Ling. `The'most current list of award (with' hyperlinks) can be found on FOA's website at www.gfoa.org. If we can be offuither assistance, please contact the"Technical Services Center. Sincerely, Stephen 7.. - Gauthier, Director Technical Services Center Enclosure Regular Council' Meeting > - February 21, 2012 - Page 7 of 46 ? 0- M��N . A ANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 21, 2012, 7:00 PM To: Mayor and Council Item C 1 From: Kevin Kish, Planning Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: Approval of this plat will support and promote the Town of Marana's initiative for a central business district and Marana Main Street projects to attract and retain commerce and promote the development of facilities. Subject: Resolution No. 2012 -11. Relating to Development; approving and authorizing a resubdivision of the final plat for the Marana Health Center Phase II Discussion: Request The applicant requests final plat approval for a nine -lot commercial re- subdivision on approximately 26.3 acre site within Marana's Main Street area. The original final plat was approved by Town Council via consent agenda on September 15, 2009. Phase II reconfigures the original Lot 2 increasing it in size from 18,170 square feet (.42 acres) to 35,282 (.81 acres) and reduces Common Area "A" from 719,500 square feet (16.52 acres) to 702,383 square feet (16.12 acres). Property lines for Lots 1 and 3 through 9 were not changed from the previously approved plat. Location The subject property is located on the west of Marana Main Street, northwesterly of Civic Center Drive and north of Barnett Road. Zoning Information The zoning for the site is "F" (Specific Plan -Ranch Marana West) with a land use designation of TC (Town Center). The "Town Center" land use designation allows professional offices retail, personal services, Financial services, food and beverage services. Tr ansportation and Access There are two access points into the site: one to the southeast from Civic Center Drive and the other on the north from Bill Gaudette Drive. Development Plans A development for Phase I of the Marana Health Center Complex was administratively approved Regular Council Meeting - February 21, 2012 - Page 8 of 46 on May 29, 2009. Phase I is complete and located on Lot 1 and contains the Marana Health Center clinic. The development plan for Phase I1 of the Marana Health Center was administratively approved on October 10, 2011. Phase 11 is located on Lot 2 and will contain the new Behavioral Health Center. This phase of development is currently under construction. AT TACHMENTS: Name: Description: Type: E] Resolution—Marana Phase FP.doc Resolution Resolution E] application.pdf Application Backup Material ❑ health center _phase_II location map.pdf Location Map Backup Material O Phase_II_Final_Plat.pdf Final Plat Backup Material Staff Recommendation: Staff recommends approval of the re- subdivision for the final plat for Marana Health Center Phase 11. Staff has reviewed the application for compliance with the Marana Land Development Code and the Marana General Plan. This final plat is in conformance with all required development regulations and conditions of zoning. Suggested Motion: I move to adopt Resolution No. 2012 -11, approving the re- subdivision for the final plat for Marana Health Center Phase IL Regular Council Meeting - February 21, 2012 - Page 9 of 46 MARANA RESOLUTION NO. 2012-11 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A RESUBDIVISION FOR A FINAL PLAT FOR THE MARANA HEALTH CENTER PHASE II WHEREAS on February 6, 1990 the Town Council adopted Ordinance No. 90.04 which established the Rancho Marana Specific Plan; and WHEREAS the Rancho Marana Specific Plan was amended on June 17, 2008 by Ordinance No. 2008.14 to designate ninety -nine acres of the specific plan as TC (Town Center), land use designation, the area which encompasses this plat; and WHEREAS on September 15, 2009 the Town Council adopted Resolution No. 2009 -150 which established the Marana Health Center Final Plat; and WHEREAS, the applicant, EEC. on behalf of the owner Marana Health Center Inc., has applied to the Town of Marana for approval of a resubdivision of the original final plat for a nine -lot commercial subdivision on approximately 26.3 acres, including lots 1 through 9 and common areas "A" and `B," and is generally located on the west side of Marana Main Street, northwesterly of Civic Center Drive and north of Barnett Road; and WHEREAS, the Marana Town Council, at their regular meeting on February 21, 2012, determined that the Marana Health Center Phase II final plat should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Marana Health Center final plat is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21" day of February, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul %StgHg4gEN& 2�1g [4gry 21, 2012 - Page 10 of 46 NIARANA 10AW0/f. "11A PLANNING & ZONING AP _ 1. TYPE OF APPLICATION (Cheer, Onc) I Preliminary Mat :.. Geneml Man Antettdment V ariance X Final Plat Specific Plan Amendment Conditional Use Permit _' DeVClolt117en1 I'lalt RezortelSpecific Plan !.. Annexation i Landscape Plan Significant Land Use Change I Minor Land Division Native Plant Permit S44'PP Water Plan - _ Improvement Plan (specify type in the Description of Project box ") Other 2. GENERAL DATA REQUIRED _ Assessor's ParcelNumber(s) 217 -37-0751) General Plan TC xz�. 217- 37 -083D Designation {To be confirmed by staff) Gross Area (Acre /Sq. Ft.) 3.0 ac /131, 315 sf Current Zoning F (To be confirmed by __ staff) Developm entlProject Name arana Health and w ellnes s Proposed %oninE: (same ) Project l.ocation NW% S 27, T1'- R1113, G &SRAM Description of Project Property Owner Mara Health Cente Inc. -- - -- — - -- - --------- -- - --- -- -- - Strcrt Address 13395 N. Marana Main Street City State Zip Code Phone number Fax Number E -Mail Address Marana AZ 1 85653 -- (520)682 -4560 cvalne5i111arauaheeitilcente ;.>ry Contact Person Phone Numbei -mall Clarence Vatne (same) Applicant Marana Health Center In _ Street Address 13395 N. Marana Main Street: City State Zip Code Phonc, Xminber Fax dumber E - Mail Address Marana AZ 85653 (520)682 -4560 cvatneemaranaimaltheenter.orq Contact Person Phone Number/1- -mail Clarence Vatne (same) AgentiRcprcsentative EEC Street Address 462 E. Ft. Lowell Road City State Zip Code Phone Nun 'r Fax \umber 1 = - \9ai 1 Address Tucson AZ $5712 (520) - 4625 32 -033 l f��i rya ?eect.uc.com Contact Person Town of Alarana Ken Perry Business lAcense No. 121-085 3. AUTHORIZATION OF PROPERTY OWNE 1, the undersignal, certify that all of the facts set forth in this app' tiot are true to the best of my knowledge and that I ant either a the owner of the property or that I have been u It rized 'rt w in a owner to file th•s and checklist. (If not owner or rec ord, attach written authot'i7.atEnn f nE ner.) Clare Vatne meets✓ �_�� -?_ .______ 1 3 s > 1.._... Print Name o£Applic�ntl _ " Signature Darr c o' s— Pty �- // 4 3 r4 � 1 d H � A � �- � : Ch't PlIv - 00 ; z bt Regular Council Meeting - February 21, 2012 - Page 11 of 46 Marana Health Center Phase II MARANA CASE PRV- 11039F Tea z r � i i . z ° SUBJECT PROPERTY k �_ t� 'z 1, W BARNETT. RD , Request o 325 650 ft. Approval of a final plat for Marana Health Center Phase II. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other partly,, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the user � In Februa 21 2012 - Page 12 of 46 �.a. �usx po - ' 9 acs 3 � —` F zazs k maw 1;2 j e; Z� A nz � BIT s$ s apt! ! n I ' 's i s IIe4 i ! i a g ' c$ I ' I O c .a. n3ar xoxAOO i 8 q ti aVO& OIXVaNys all g G s t g Ia gut W gels I#e I all ' °go a w= li 1 a its R b S a I p € q1 � � g @y 1 l € y g -$ all ' ° NEE £�W;"� c IL UN ~ gam l i p = �a - z °€ WA $ E w x =� a�W - g� X11 s ill «� ^� �: � @8 ��° _.$ � � � �� 5 r got ��•�. lots Q � g all � g `� �� o � � I S s;�� ` � _ <� �� e� �` � � � �� E�= I � � � a .s •c .s .ag �a .s`z a�� s c Viz_ ��ia :� ,� _�w Ca m� s R l sh 01I « «a �� . eaa. +mr. b - uea Ts.w.• w:.w' &ono- �m:l+� wAM�S1:ax im:� �W _u �4�G V7 MAIN Z MARANA Lj 3 ckr: "a4 A Ka I lei 1? 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 21, 2012, 7:00 PM To: Mayor and Council Item C 2 From: T VanHook, Community Development Director Strategic Plan Focus Area: Commerce Strategic Plan Focus Area - Additional Information: Participating in the Arizona Pavement Preservation Program allows the Town to maintain a high / quality standard at the Marana Regional Airport. The work completed under this agreement will help ensure that the public infrastructure (runways, taxiways, aprons, and tiedown areas) stays in top condition. The supports the strategic plan by working to make the Marana Regional Airport a "shovel -ready place for commerce." Subject: Resolution No. 2012 -12: Relating to the Marana Regional Airport; approving and authorizing the Mayor to execute a Joint Project Agreement between the State of Arizona and the Town of Marana for pavement preservation Discussion: The Town of Marana participates in the Arizona Pavement Preservation Program (APPP), as part of its overall Arizona Airport Capital Improvement Program (ACID). The APPP program was established by the State of Arizona to help protect the multi - million dollar investment of public and private funds that have allowed local entities to expand and enhance airports. State aviation fund dollars are limited and participation in the program requires local jurisdictions (Sponsors) to provide a 10% match to state funding. Under the proposed Joint Project Agreement, the Arizona Department of Transportation (ADOT) will crack seal, overlay, and provide pavement marking on Taxiway A. ADOT will pay all costs during the project (estimated at $599,643.00). The Town will be required to pay the match sum of $59,964.00 upon execution of the agreement. Payment must be received by ADOT prior to a Notice to Proceed being issued for the project. APPP Background Public Law 103 -305 requires that airports requesting Federal Airport Improvement Program funding for pavement rehabilitation or reconstruction have an effective pavement maintenance management system. To this end, ADOT - Aeronautics Group has completed and is maintaining an Airport Pavement Management System (APMS) which, coupled with monthly pavement evaluations by the airport sponsors, fulfills this requirement. Regular Council Meeting - February 21, 2012 - Page 11 of 46 The Arizona Airport Pavement Management System uses the Army Corps of Engineers' "Micropaver" program as a basis for generating a Five -Year APPP. The APMS consists of visual inspections of all airport pavements. Evaluations are made of the types and severities observed and entered into a computer program database. Pavement Condition Index (PCI) values are determined through the visual assessment of pavement condition in accordance with the most recent FAA Advisory Circular 150/5380 -6 and range from 0 (failed) to 100 (excellent). Every three years a complete database update, with new visual observations, is conducted. Individual airport reports from the update are shared with all participating system airports. ADOT ensures that the APMS database is kept current, in compliance with FAA requirements. Every year ADOT, utilizing the APMS, will identify airport pavement maintenance projects eligible for funding for the upcoming five years. These projects will appear in the State's Five -Year Airport Development Program. Once a project has been identified and approved for funding by the State Transportation Board, the airport sponsor may elect to accept a state grant for the project and not participate in the APPP or the airport sponsor may sign an Inter - Government agreement with ADOT to participate in the APPP. Financial Impact: Under the proposed Joint Project Agreement, the Arizona Department of Transportation (ADOT) will crack seal, overlay, and provide pavement marking on Taxiway A. ADOT will pay all costs during the project (estimated at $599,643.00). The Town will be required to pay the match sum of $59,964.00 upon execution of the agreement. Payment must be received by ADOT prior to a Notice to Proceed being issued for the project. ATTACHMENTS Name: Description: Type: E] 00029304.DOC Resolution Cover Memo 0 JPA 12- 028 2012_Surface_Treatment Agreement.pdf Agreement Exhibit Staff Recommendation: Staff recommends approving and authorizing the Mayor to execute a Joint Project Agreement with the State of Arizona for cost sharing of service provided at the Marana Regional Airport as part of the Arizona Pavement Preservation program. Suggested Motion: I move to adopt Resolution No. 2012 -12, approving and authorizing the Mayor to execute a Joint Project Agreement with the State of Arizona for a pavement preservation project at the airport. Regular Council Meeting - February 21, 2012 - Page 18 of 46 MARANA RESOLUTION NO. 2012-12 RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A JOINT PROJECT AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA FOR A PAVEMENT PRESERVATION PROJECT AT THE AIRPORT WHEREAS A.R.S. § 28 -8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS A.R.S. § 28 -8413 authorizes the Town of Marana to accept and receive federal and other monies for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of an airport and to enter into agreements regarding the receipt of such monies; and WHEREAS the Town and the State desire to undertake a pavement preservation project at the Marana Regional Airport and to share in the costs for the project; and WHEREAS the Town Council finds that entering into the Joint Project Agreement with the State is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Joint Project Agreement QPA) between the Town of Marana and the State of Arizona attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it 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 this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of February 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regu1%4,gH9 A.Q&0 f,qq ,4yy 21, 2012 - Page 19 of 46 {00029304.DOC /} MPD Agreement No JPA 12 -028 AG Contract No P0012011001584 Project No E2S81 -01C Project Description ADOT Airport Surface Treatment Program Airport AVQ Marana Regional Airport JOINT PROJECT AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF MARANA THIS AGREEMENT is entered into this day of , 2012, pursuant to Arizona Revised Statutes, Sections 11 -951 through 11 -954, as amended, by and between the STATE OF ARIZONA acting by and through the ARIZONA DEPARTMENT OF TRANSPORTATION, herein referred to as the "STATE" and the TOWN OF MARANA, a political subdivision of the State of Arizona, herein referred to as the "SPONSOR ". The State of Arizona, Arizona Department of Transportation and Town of Marana are collectively referred to as the "Parties ", and individually as STATE, SPONSOR, and "Party". I. RECITALS 1. The STATE is empowered by Arizona Revised Statutes Section 28- 8202.13 and 28 -40LA to enter into this agreement and has delegated to the undersigned the authority to execute this agreement on behalf of the STATE. 2. The SPONSOR is empowered by Arizona Revised Statutes Section 28 -8413 to enter into this agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this agreement and has authorized the undersigned to execute this agreement on behalf of the SPONSOR. 3. The STATE and SPONSOR desire to share in costs incident to pavement preservation at the Marana Regional Airport, hereinafter referred to as the Project. It is contemplated that this Project will be constructed by the STATE during STATE fiscal year 2012. The Project will include crack seal, overlay, and pavement markings on Taxiway A. The STATE will pay all costs during the Project. 4. The estimated cost of completion is $599,643. The SPONSOR shall contribute 10% of the estimated cost ($59,964). Payment is due and payable upon signing this Agreement and must be received by ADOT before Notice to Proceed for construction will be issued. THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows: Regular Council Meeting - February 21, 2012 - Page 20 of 46 Page 1 II. RESPONSIBILITIES 1. The STATE shall: a. Conduct investigations and prepare to FAA or Local standards design plans, specifications and such other documents and services required for construction bidding and construction. b. Call for bids and award one or more construction contracts for the Project, administer same, and make all payments to the contractor(s). c. Provide final acceptance of the Project. d. Subsequent to Project completion, determination of final quantities, and approval and acceptance of the Project, produce and submit to the SPONSOR a final accounting reconciliation of the Project costs. In the event that actual Project costs exceed the estimate, the STATE will invoice the SPONSOR for the remaining contribution required to equal 10% of the actual Project costs. In the event that the actual Project costs were less than the estimate, the STATE will reimburse the SPONSOR for any overpayment. e. Reimburse the SPONSOR for any contribution that exceeded 10% of the final Project costs within 30 days of submitting the final accounting reconciliation of the Project costs to the SPONSOR. 2. The SPONSOR shall: a. Remit payment of 10% of the estimated cost of completion as documented in the Recitals of this Agreement to MPD Finance and Administration, Mail Drop 3108, 206 S. 17th Avenue, Phoenix, AZ 85007. Payment is due and payable upon signature of this Agreement and must be received by ADOT before notice to proceed for construction will be issued. b. Provide access to the Airport to the STATE, the STATE's representative, and the contractor for the purpose of preparing design plans and specifications for the Project, constructing the Project, and administering the construction of the Project. c. Coordinate with the STATE and approve safety plans, security plans, phasing plans, and construction schedules prepared by the STATE. d. Coordinate with airport users, issue NOTAM's as required, and provide operations support during construction, as needed. e. Remit to the STATE the SPONSOR's contribution to the Project, based on the estimate provided, when submitting the signed copy of this Agreement for final execution. f. Upon completion and acceptance of the Project by the STATE, provide maintenance of the airport pavements improved with the Project. g. Shall abide by and enforce the SPONSOR Assurances incorporated herein as Exhibit A. h. Remit to ADOT within 30 days of receiving an invoice for any additional contribution required subsequent to the post - completion Project accounting cost reconciliation. Regular Council Meeting - February 21, 2012 - Page 21 of 46 Page 2 III. MISCELLANEOUS PROVISIONS 1. This Agreement is governed according to the laws of the State of Arizona. All cited statutes, public law, executive orders, and policies cited in this Agreement are incorporated by reference as a part of this Agreement. 2. This Agreement shall become effective upon signature by the parties hereto and shall remain in force and effect for a period not to exceed 90 days beyond Project completion; provided however, that this Agreement may be cancelled at any time prior to the commencement of performance under this Agreement, upon thirty (30) days written notice to the other party. 3. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38 -511. 4. If the SPONSOR fails to comply with any of this Agreement, the STATE, by written notice to the SPONSOR, may suspend participation until appropriate corrective action has been taken by the SPONSOR. 5. The STATE reserves the right to terminate this Agreement in whole or in part due to failure of SPONSOR to carry out any term, promise, or condition of the Agreement. The STATE will issue a written notice to SPONSOR for failure to adequately perform, or if there is reason for the STATE to believe that the SPONSOR cannot or will not adequately perform the requirements of the Agreement. If SPONSOR does not submit a Corrective Action Plan to the satisfaction of the STATE within a ten (10) day period, then the STATE , by written notice to the SPONSOR, may terminate the Agreement in whole or in part. The notice of termination will contain the reasons for termination, the effective date, and costs incurred prior to termination. The SPONSOR shall reimburse the State any costs incurred prior to the date of termination. 6. When the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds or when funds are not appropriated or are withdrawn for use hereunder, the STATE may terminate this Agreement. In the case where continuation of the Project will not produce beneficial results, the STATE and the SPONSOR shall mutually agree upon the termination either in whole or in part. 7. No waiver of any condition, requirement or right expressed in this Agreement shall be implied by any forbearance of the STATE to declare a default, failure to perform or to take any other action on account of the violation of such violation be continued or repeated. 8. All parties shall comply with all applicable Federal, State and local requirements including all applicable provisions of Title 14 (Aeronautics and Space Chapter I — Federal Aviation Administration, Department of Transportation) and Title 49 (United States Department of Transportation) and other applicable Codes of Federal Regulations where and when relevant. 9. The provisions of Arizona Revised Statutes Section 35 -214 are applicable to this contract. 10. In the event of any controversy which may arise out of this agreement, the parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes Section 12 -1518. 11. This Agreement may be amended upon mutual agreement of the Parties at any time when in the best interest of the STATE or SPONSOR. Regular Council Meeting - February 21, 2012 - Page 22 of 46 Page 3 12. Every payment obligation of the STATE under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the STATE at any time. No liability shall accrue to the STATE in the event this provision is exercised, and the STATE shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 13. All, parties shall retain all data, books, and other records relating to this Agreement for a period of five years after completion of the Agreement. All records shall be subject to inspection and audit by the STATE at reasonable times as set forth in A.R.S. 35 -214, 49 CFR 18.26 and the requirements of OMB Circular A -133. 14. Each parry (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 of 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. In addition, Arizona Department of Transportation shall cause its contractor(s) and subcontractors, if any, to indemnify, defend, save and hold harmless the SPONSOR, any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as "Indemnitee ") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims ") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Arizona Department of Transportation's contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. 15. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 USC. 12101- 12213) and all applicable Federal regulations under the ACT, including 28 CFR Parts 34 and 36. SPONSOR shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, Arizona State Executive Order 2009 -09, or A.R.S. 41 -1461 through 1465, which mandates that all persons, regardless of race, color, religion, sex age, national origin or political affiliation shall have equal access to employment opportunities, and all other applicable state and federal employment laws, rules and regulations, including the Americans With Disabilities Act. SPONSOR shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, age, national origin or political affiliation or disability. 16. To the extent applicable under Arizona Revised Statutes Section 414401, each Party and its subcontractors warrants their compliance with all federal immigration laws and regulations that Regular Council Meeting - February 21, 2012 - Page 23 of 46 Page 4 relate to their employees and their compliance with the E- verify requirements under Arizona Revised Statutes Section 23- 214(A). A breach of the above- mentioned warranty by any Party or its subcontractors shall be deemed a material breach of the Agreement and may result in the termination of the Agreement by the non - breaching Parties. Each Party retains the legal right to randomly inspect the papers and records of the other Parties or its subcontractor employees who work on the Agreement to ensure that the Parties or its subcontractors are complying with the above - mentioned warranty. 17. Pursuant to Arizona Revised Statutes Sections 35 -391 and 35 -393, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes Section 35 -391 or 35 -393, as applicable. If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 18. Either Party has the right to terminate the Agreement, in whole or in part at any time, when in the best interests of the STATE, SPONSOR, without penalty or recourse. 19. All notices or demands upon any party to this agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: For Agreement Issues: Arizona Department of Transportation Town of Marana Contract Sally J. Palmer T. Vanhook, Director of Community Development Administrator Contracts Administrator Jennifer Mangialardi, Project Coordinator Mailing Address Multimodal Planning Division Public Works Department Mail Drop 310B 11555 W. Civic Center Drive, Bldg A3 206 S. 17 Avenue Marana, AZ 85653 Phoenix, AZ 85007 Phone 602 - 712 -6732 (520) 382 -1909; (520) 382 -2667 Fax 602- 712 -3046 (520) 382 -2640 Email spalmer @azdot.gov tvanhook @marana.com; jmangialardi @marana.com For Technical / Program Issues Arizona Department of Transportation Town of Marana Project Manager Holly L. Hawkins, P.E. Scott Leska, P.E. State Airport Engineer CIP Engineering Divison Manager Mailing Address MPD — Aeronautics Group 11555 W. Civic Center Drive, Bldg A3 Attn: APMS Marana, AZ 85653 Mail Drop 426M 206 S. 17 Avenue Phoenix, AZ 85007 Phone 602 -712 -8333 (520) 382 -2675 Fax 602- 712 -3838 (520)382 -2640 Email hhawkins @azdot.gov sleska @marana.com Regular Council Meeting - February 21, 2012 - Page 24 of 46 Page 5 20. Attached hereto and incorporated herein is the written determination of each party's legal counsel that the parties are authorized under the laws of this STATE to enter into this agreement and that the agreement is in proper form. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Town of Marana STATE OF ARIZONA Arizona Department of Transportation By B Joseph S. Omer, Director Multimodal Planning Division (Date) (Date) Regular Council Meeting - February 21, 2012 - Page 25 of 46 Page 6 APPROVAL OF THE TOWN OF MARANA I have reviewed the above referenced proposed joint partnering agreement, between the STATE OF ARIZONA, ARIZONA DEPARTMENT OF TRANSPORTATION (STATE), and Town of Marana and declare this agreement to be in proper form and within the powers and authority granted to Town of Marana under all applicable laws. No opinion is expressed as to the authority of the STATE to enter into this agreement. DATED this day of 5 2012. Attorney for Town of Marana Regular Council Meeting - February 21, 2012 - Page 26 of 46 Page 7 Page reserved for AZ AG Determination Regular Council Meeting - February 21, 2012 - Page 27 of 46 Page 8 EXHIBIT A SPONSOR ASSURANCES These assurances will become a part of this Agreement. The SPONSOR hereby covenants and agrees with the STATE as follows: 1) That the Project is consistent with plans (existing at the time of approval of the Project) of public entities authorized by the STATE to plan for the development of the area surrounding the Airport. 2) That it will furnish to the STATE each quarter a current listing of all aircraft based on the Airport. 3) That these covenants shall become effective upon execution of this Agreement for the Project or any portion thereof, made by the STATE and shall constitute a part of the Agreement thus formed and shall remain in full force and effect throughout the useful life of the facilities developed under the Project, but not to exceed twenty (20) years. 4) That is the owner or lessee of the property or properties on which the airport is located and that the lease guarantees that the SPONSOR has full control of the use of the property for a period of not less than twenty (20) years from the date of this Agreement. All changes in airport ownership or to an airport lease shall be approved by the STATE. 5) To restrict the use of land, adjacent to or in the immediate vicinity of the Airport, to activities and purposes compatible with normal Airport operations and to take appropriate action including the adoption of appropriate zoning laws. 6) To promote safe airport operations by clearing and protecting the approaches to the airport by removing, lowering, relocating, marking and/or lighting existing airport hazards and to prevent, to the extent possible, establishment or creation of future airport hazards. 7) To operate the Airport for the use and benefit of the public and to keep the Airport open to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes; provided that the SPONSOR shall establish such fair, equal and nondiscriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport; and provided further, that the SPONSOR may prohibit any given type, kind or class of aeronautical use of the Airport if such use would create unsafe conditions, interfere with normal operation of aircraft, or cause damage or lead to the deterioration of the runway or other Airport facilities. 8) To suitably operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for Airport purposes and to prohibit any activity thereon which would interfere with its use for aeronautical purposes and to operate essential facilities, including night lighting systems, when installed, in such manner as to assure their availability to all users of the Airport; provided that nothing contained herein shall be construed to require that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood or other climatic conditions interfere substantially with such operation and maintenance. 9) To refrain from entering into any transaction which would deprive the SPONSOR of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency eligible to assume such obligations and having the power, authority and financial resources to carry out such obligations; and, if an arrangement is made for management or operation of the Airport by an agency or person other than the SPONSOR, the SPONSOR will reserve sufficient powers and authority to insure that the Airport will be operated and maintained in accordance with these covenants. 10) To maintain a current Airport Layout Plan (ALP) of the airport, which shows building areas and landing areas, indicating present and planned development and to furnish the STATE an updated ALP of the Airport as changes are made. Regular Council Meeting - February 21, 2012 - Page 28 of 46 Page 9 _ RNA REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 7, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member, Herb Kai, Council Mier,.,, Carol McGorray, Cout I Member Jon Post, Councjil Members„ Roxanne Ziegler, It ob Member REGULAR COUNCIL MWING CALL TO ORDER AND ROLL CALL Tie meeting was cal1:_to order by Mayor Honea at 6:58 p.m. Town Clerk Bronson called ft„ All CoAc' it Members were present except Council Member Ziegler, who w,#sek� :There was a quorum present. PLEDGE OF ALLEGIANCE VOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA .Motivrt aPpxwe the agenda by Council Member Post, second by C6riKM1' amber Mp orray. Passed unanimously 6 -0. z CALL T THE PUBLIC David les addressed tie Council and expressed his concerns over the town now operating the Lkett Road wastewater plant. Ed Stolmaker, president and CEO of Marana Chamber of Commerce, that on February 16, 2012 at Heritage Highlands, the Chamber is having its 2011 Community and Business Builder of the Year awards. He invited all Council Members to attend, noting that this is an exciting event for the business community and for the town. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Vice Mayor Comerford announced that the Blue Star Mothers, an organization which helps support the military, is collecting U.S. flags which have been flown over family homes but may be ready for destruction. The organization is properly removing the stars and incorporating them into cards for U.S. servicemen and women abroad to let them Regular Council Meeting - February 21, 2012 - �&2gre'f J Council Meeting Minutes 1 J know that they have been and are being thought of If anyone has flags they can bring them to her, she'll get them to the Blue Star Mothers organization. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No report. PRESENTATIONS CONSENT AGENDA. Motion to approve the Consent Agenda by Council Member Post, second by Vice Mayor Comerford Passed unanimously 6 -0. C 1: Resolution No. 2012 -08: Relating to Utilities; approving and authorizing the Mayor to execute an agreement with Pima County for Sludge Disposal Services C 2: Resolution No. 2012 -09: Relating to the Police Departrttt; approving and authorizing the Town Manager to execute two Subgrante Agm meats with the Arizona Department of Homeland Security for purposes of rece vin funds d*r the 2011 Operation Stonegarden Grant Program C 3: Resolution No. 2012 -10: Relating to N id. orks; a roving and au sizing the Mayor to execute an intergovernmental agreementei? the - Regional Transportation Authority and the Town of Marana for the design con c�it,study of the Tangerine Road improvement project between Interstate° 1 0 and La Canada Drive C 4: Minutes of the January 3rd regular meeting the January - f 0 study session, and the January 24th study session LIQUOR LICENSES -. BOARDS, COMMIS§ IS AND COMMITTEES B 1: Presentation: Relating to 1364t s' zCq m i °ssions and Committees; update from the Subcommittee fdr G in Mission Board appointments. Council Member McGorray, as chartthe sub cotee, reed on the activities of the subcommittee at their Janua" meeting. Sheeted that Council Members Ziegler and Bowen are also on the subcommitt. Anyone knowing of potential applicants for either the Planning Commission ,the Board ofAdjustment can submit their applications to Jocelyn Bronson, Town -fprk. Thei,:next meeting of the subcommittee will be Thursday, February, 16, 2012. COUNCIL ACTION 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. Presented by Deputy Town Manager, Del Post, who reported on legislation currently introduced during this legislative session. As of February 3, 1420 bills introduced, many of which don't have anything to do with local government, but there are a few that may have some relevance. Deadlines have passed in both the House and Senate to introduce new bills, but there is a Regular Council Meeting - February 21, 2012 - �S&'f x Council Meeting Minutes 2 less frequently used process by which can still be used to introduced. He also noted a more thorough tracking sheet of all bills introduced or are moving that affect local which was distributed on the dais. He gave an overview of a few bills which have a potential impact to Marana. SB 1288 (Griffin) is designed to eliminate the fee imposed on cities and towns to fund operations of the Arizona Department of Water Quality. The fee for Marana amounts to about $40K for this fiscal year and would grow over time. There appears to be broad support for the bill at this time. The next bill is HB 2168 (Dial) provides an option for a permit applicant in any town or city in Arizona to obtain the permit through a self - certification process that would have to be established by the town `the bill suggests that this would apply to any and all permits. There is significant cort"6ern over this bill. Last week an amendment was added to limit this bill to cities an416s with a population over 100,000, but no action has been taken on the amendment. Next is SB 1113 (Barto) divests control in an HOA of roads within the" ' A that have been dedicated to a town or city. After a developer surrenders control of I IOA to the town, the HOA would no longer have any ability to -x egulate ,Activity in strerunning through that HOA. SB 1485 (Melvin, et al) regarding coll6ctive- bargaining of public unions or public associations of employees. This bill would prohibit political subdivisions from collectively bargaitl pr meet and confer: with public associations or unions of public employees. It would pi 4i de a city of town from even recognizing an association or union. This is expected ta—)n k,tp_ the Goveruir's office. HB 2468 (Gray) requires #,,city, or town to orm an audif of its public services. If after conducting an audit ft is concluded that there are public services offered that do not directly relate to the wfare safes or health ofhe public health, those services would have to be offered out l -lid. HB 2570 Olson) would prohibit any ordinance or legislative act of a, town or city froir !" c t g,in 'effect until three separate readings on three separ,at& y live beenheld. The proposed legislative act or ordinance would have to lie noticed i6 o tle public within at least 14 days prior to the public meeting. This could s l tantially stifle the reasonable pace of government and could have an indirect impact orfusinesses and developers in the community. The bill is of some concern and is scheduled 6 as commtttec_hearing next week. HB 2361 (Pruett) is related to consumer fireworks regulatn. Two sessions ago there was a bill that passed that removed from local_controd'the ability to use and sell fireworks unless there was an immediate danger of- 'around the city or town. This bill would do away with the restriction and give cities and towns back the ability to regulate fireworks. There is broad support for this bill. The last bill is HB 2264 (Robson) relates to the Arizona State Retirement System and the employee /employer contribution rates. This bill would undo a previous statute that increased an employee's contribution from 50% to 53% and an employer's contribution from 50% to 47 %. This bill requires the city or town to give back the three percent that it saved during the fiscal year 2011 -12. There is some corollary litigation going on declaring the previous legislation as unconstitutional. Mr. Post then gave a quick update on the independent redistricting commission (IRC) process. The proposed maps which he showed to Council in late 2011 were submitted Regular Council Meeting - February 21, 2012 - POjj%f 46 2012 Council Meeting Minutes 3 January 18, 2012 to the U.S. Department of Justice. They have 60 days to review and provide feedback to the IRC on the maps. He has copies of the maps in his office and would be happy to review them with the Council at any time. Mr. Post clarified the basis for the opinion on SB 2264 which held that last year's statute was unconstitutional. EXECUTIVE SESSIONS. Mayor Honea asked for a motion to go into Executive Session on Item E 2. Motion to go into executive session by Council Member McGorray, second by Council Member Bowen; passed unanimously 6 -0. 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 Attorr cpncerning 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 t esentatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pin a County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 00I1j, Arizona Court of Appeals No. 1 CA CV 11038 1; (2) theta vsuit entitled Pima Countyv. Town of Marana, Pima County Superior Court No. C201160 as d (3)'pending legal issues, settlement discussions and contract negotiations relatingto the transition of Marana wastewater collection and treatment t6"e Town of Marar;.,_ Meeting reconvened at 7:46 p.m., with C36uii ber Kai cused. 3 FUTURE AGENDA ITEW.` ADJOURNMENT,,,, Mo tion to a-ourn by Council Member Bowen, second by Council Member McGorray; pled u 5-0 CERTIFICAT'1 I hereby ertify that thl Ioregoin are the true and correct minutes of the Marana Town - Couneteeting held on Fjbruary 7 2012. 1 further certify that a quorum was present. Jocelyn C. Bronson; Town Clerk Regular Council Meeting - February 21, 2012 - 1FI27'f x 6 2012 Council Meeting Minutes 4 Yt � R.:NA;. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 21, 2012, 7:00 PM To: Mayor and Council Item B I From: Carol McGorray, Council Member Strategic Plan Focus Area: Community Building Subject: Presentatio Relating to Boards, Commissions and Committees; update from the Subcommittee for Commission and Board appointments Discussion: The Council subcommittee will report to Council regarding their February 16, 2012 meeting. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Council's pleasure. Regular Council Meeting - February 21, 2012 - Page 33 of 46 MAR ANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, February 21, 2012, 7:00 PM To: Mayor and Council Item D 1 From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Not Applicable Subject: Relating to o L and Govern 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: ❑ 2012_ Legislative Bulletin 4.pdf 2012 Legislative Bulletin # 4 Backup Material O 2012_Legislative_Bulletin_# 5.pdf 2012 Legislative Bulletin # 5 Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative /intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting - February 21, 2012 - Page 34 of 46 League of Arizona Cities and Towns - Legislative Bulletin Pagel of 5 L�ague of Anzona ow U AND Leg islative Bulletin— ISSUE 4 - February 3, 2012 Legislative Update Today is the 26th day of the second regular session of Arizona's 50th Legislature. As of 9:00 a.m. today, 1,417 bills, memorials and resolutions had been introduced in the House and Senate combined. Monday, January 30, marked the deadline for members of the Senate to introduce legislation' in that body. The corresponding deadline for the House of Representatives is next Monday, February 6. Municipal Water Assessment On Wednesday, February 1, the Senate Committee on Water, Land Use and Rural Development considered SB 1288 (municipal water fees; repeal; appropriation), legislation to repeal the authority of the Arizona Department of Water Resources (ADWR) to impose an assessment on municipalities to help fund departmental operations. Passage of the bill would yield savings to cities and towns of up to $7 million per year. The Honorable Doug Von Gausig, Mayor of Clarkdale and Vice President of the League of Arizona Cities and Towns, appeared before the committee to testify in support of the bill. In addition, more than thirty Arizona municipalities formally registered their support of the legislation. The bill passed the committee unanimously. It will next be heard by the Senate Appropriations Committee on Monday, February 6. Cities and towns are encouraged to communicate their support of the bill to appropriators by using the Legislature's Request to Speak system. On Thursday, February 2, the House Committee on Agriculture and Water considered related legislation, HB 2493 (department of water resources; funding). The bill would establish a joint committee to determine alternative funding mechanisms for ADWR. In the meantime, the municipal water assessment would continue for two years. HB 2493 passed the committee by a unanimous vote. Online Tax Remittance The House Committee on Ways and Means was scheduled to consider HB 2466 (local sales tax; payments; DOR) on Monday, January 30. The legislation provides for the creation of an online portal for the direct remittance of taxes by taxpayers in self - collecting cities. The League has been working closely and productively with the bill's sponsor, Rep. Rick Gray (R -Sun City). In order Regular Council Meeting - February 21, 2012 - Page 35 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 5 to permit further refinements to the bill, the measure was withdrawn from last Monday's Ways and Means calendar at the sponsor's request. A committee hearing on the bill has been rescheduled for Monday, February 6. Barring unforeseen changes, the League will testify in support of the bill when it is brought up for consideration. Permit Self- Certification HB 2168 (building permits; self - certification process) provides that, "on receipt of any completed permit application, a municipality shall give the applicant the option of obtaining the issuance of the requested permit through a municipally directed permitting process or through self - certification." The bill further outlines standards for the establishment of the mandated self - certification program. The legislation was scheduled for consideration by the House Committee on Government on Tuesday, January 31. Due to a timing issue, the bill was held for another week. The League understands that a strike - everything amendment will be offered by the committee's chair, Rep. Michelle Ugenti (R- Scottsdale), on behalf of the bill's sponsor, Rep. Jeff Dial (R- Chandler), at such time as the bill is considered. The amendment, containing language . drafted by the League, would exempt smaller municipalities and provide for a limited pilot program. Adoption of the amendment would substantially mitigate the bill's negative impacts and would move the League to a position of neutrality on the bill. In the meantime, we will continue to work with affected communities and bill proponents to address outstanding concerns with the proposal. Homeowners' Associations On Tuesday, January 31, the Senate Committee on Veterans, Military and Government Affairs heard Senate Bill 1113 (homeowners' associations, public roadways). Sponsored by Senator Nancy Barto (R- Phoenix), this bill would divest homeowners' associations of their authority over roads that are dedicated to a governmental entity. The League opposes the measure because of the burdens it would impose on local enforcement and financial resources. After nearly two hours of debate, the contentious measure passed by a vote of 4 -3. It now proceeds to the Senate Rules Committee. Regulatory Reform On Wednesday, February 1, the House Committee on Commerce was scheduled to consider HB 2468 (regulations; entry; public service; limitations). The measure requires "agencies' to review and limit business "entry regulations" and "public service restrictions." The League is concerned that the bill could have significant unintended consequences and negative impacts on cities and towns. League representatives met with the principal sponsor of the bill, Rep. Rick Gray (R -Sun City) earlier in the week to propose clarifying amendments to the legislation. Subsequently, the bill was withdrawn from the hearing calendar at the request of the sponsor. The League will continue to monitor and evaluate the measure as the legislative session proceeds. State Parks On Thursday, February 2, the House Committee on Agriculture and Water unanimously passed HB 2362 (state parks revenue fund), sponsored by Rep. Karen Fann (R- Prescott). The legislation creates a new fund (which may be composed of private donations, revenue from fees and sales, and legislative appropriations) for operation and maintenance of the state park system. The measure also permits the State Parks Board to acquire and develop real property and improvements, subject to review by the Joint Committee on Capital Review. The League supports the bill, which now proceeds to the House Rules Committee. Regular Council Meeting - February 21, 2012 - Page 36 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 5 Government Transparency HB 2621 (local government budgets; posting; contents) was the subject of a House Government Committee hearing on Tuesday, January 31. The legislation makes a number of changes to the statutes governing local government budget processes. The League expressed concern about a provision that would prohibit municipalities without websites from using the League website to comply with the law. The sponsor, Rep. Debbie Lesko (R- Glendale) indicated in committee that she is willing to remove that provision when the bill proceeds to the Committee of the Whole. With that change, the League is neutral on the bill, which passed the committee by a unanimous vote. The legislation now proceeds to the House Rules Committee for further consideration. Firearms SB 1241 (forfeiture of weapons and explosives), sponsored by Senator Rick Murphy (R- Peoria), passed the Senate Judiciary Committee on Monday, January 30, by a vote of 5 -2. The bill diminishes the authority of local government over the disposition of confiscated or forfeited weapons. Cities and towns would lose the authority to destroy such weapons and would instead be required to sell them to authorized dealers, unless state or federal laws otherwise apply. The League registered its formal opposition to the bill, which now proceeds to the Senate Rules Committee. Emergency Response On Tuesday, January 31, the House Committee on Employment and Regulatory Affairs considered HB 2094 (prepaid wireless E911 excise tax). The bill, sponsored by Rep. Bob Robson (R- Chandler), levies a tax of .8% on the retail sale of prepaid cell phone services to assist governmental entities with the maintenance, operation and capital costs associated with the 9 -1 -1 system. Arizona currently levies a tax of 20 cents for this purpose only on monthly wired and wireless services. The measure passed by a vote of 8 -1 The bill, which was previously approved by the House Committee on Technology and Infrastructure, now proceeds to the House Rules Committee. The League, which supports HB 2094, thanks Representative Robson for his championship of the legislation, which will improve Arizona's aging 9 -1 -1 system. Law Enforcement On Wednesday, February 1, in a hearing of the Senate Committee on Public Safety and Human Services, the League opposed two bills affecting relations between government employers and law enforcement personnel. The first measure, SB 1186 (law enforcement; omnibus) severely limits the use of fitness for duty examinations. The omnibus legislation, sponsored by Senator Linda Gray (R- Glendale), includes several miscellaneous provisions providing additional protections and benefits to law enforcement personnel. The bill passed by a vote of 4 -1. The second bill, SB 1212 (law enforcement officers; just cause), permits law enforcement officers who are demoted or suspended for more than 40 hours to utilize the just cause appeals process currently in place for officer terminations. The bill also requires the adjudicating hearing officer, administrative law judge or appeals board to state in every finding of disciplinary action whether or not just cause exists. The bill passed 6 -0, and, like SB 1186, proceeds to the Senate Rules Committee. League Directory Errata The newly printed 2012 Local Government Directory displays incorrect professions for some mayors, vice mayors and council members on various city and town pages. This situation occurred as a result of a technical online Regular Council Meeting - February 21, 2012 - Page 37 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 5 data download problem. Unfortunately, and despite our efforts to double and triple check all the data in the directory, this error was not caught before publication. We deeply regret the error and apologize for any confusion it may cause. Legislator Profile - Representative Kate Brophy McGee If you have lived in Arizona for any amount of time, you have likely run across a Brophy or two in the course of your journey. And if you don't know a Brophy personally, perhaps you are familiar with Brophy Preparatory Academy or the Brophy Sports Complex in Phoenix. Maybe you've driven along Brophy Road in Bisbee or have heard tell of the famous Babacomari Ranch near Sonoita, a 28,000 -acre Spanish land grant which has been operated under the stewardship of the Brophys since 1935. Brophy is one of the most storied names in Arizona history. Keeping the proud family legacy aflame is the Honorable Kate Brophy McGee, a freshman legislator representing legislative district 11 in the Arizona House. Brophy McGee acknowledges the profusion of Brophys throughout the state and distinguishes the Phoenix branch from the southern branch of the family tree, but she doesn't work too hard to map out discrete genealogical relationships. "I remember trying to explain how my Uncle Frank was also my first cousin twice removed," she recalls, "when a relation advised, 'it's a lot easier to just say we're all cousins. "' Accordingly, if you ask the newly minted representative about her connection to a particular Brophy, she is more likely than not to respond, "Of course, he's my cousin." A third - generation Arizonan, Brophy McGee was preceded by intrepid pioneers who immigrated to Arizona from Ireland via San Francisco. Her direct ancestors settled in Bisbee in the 1870s, helping prepare for the explosive growth that would attend the copper boom at the turn of the century. By the early 1900s, Bisbee was the largest American city between St. Louis and San Francisco. The Brophys were community- minded entrepreneurs who helped develop infrastructure to support the fledgling municipality. They established a power and light company in Bisbee and founded the Bank of Douglas (which later became Arizona Bank). Farmers and cattle ranchers as well, they made a good living from their hard work and responsible management of natural resources. Brophy McGee spent her formative years in Bisbee and then moved with her family to Tucson as she was entering fourth grade. She attended Tucson High, which proved to be a breeding ground for Arizona political figures. At the time she was in school, fellow Badgers included: Fred DuVal, chairman of the Arizona Board of Regents; Jan Lesher, who served as former Governor Napolitano's chief of staff and Director of the Arizona Department of Commerce; and attorney Andrew Federhar, a tireless policy activist who has served on countless state boards and commissions. Brophy McGee is one of seven children, all of whom graduated from college. Aside from herself, siblings included four attorneys, one commodities broker and one rancher. Brophy McGee warms at reflections of her late brother, Mike, one of the most effective water lawyers produced by the Grand Canyon state. "1 learned so much from him," she muses. "He effectively argued his points of view without becoming disagreeable." Upon graduating from the University of Arizona, Brophy McGee entered a bank management training program, where she was given the option to pursue a career in commercial lending or branch management. She chose the former, and her decision led her to both a job in Phoenix and to her husband, Bob McGee, a fourth - generation banker. From the perspective of a Brophy, he was a relative newcomer to the state, having just arrived in 1956. "He was a Regular Council Meeting - February 21, 2012 - Page 38 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 5 wonderful man" Brophy McGee laughs, "but I was dumb enough to attempt to set him up with girlfriends of mine." The future representative enjoyed great success in the men's club that was at the time commercial banking. She and Bob were married, and Brophy McGee took a leave of absence in 1986 to give birth to the couple's oldest son. She never returned to banking, devoting herself instead to raising their three sons and serving the community. Community service is to Brophy McGee something like an article of faith, a fundamental obligation not to be doubted. Given the opportunity, she will do everything within her power to improve the condition of her tribe, broadly defined. Accordingly, she served on the Washington Elementary School District governing board for nearly ten years, including four terms as Board president. She has been active in many causes, and currently serves as the president of her homeowners association. So it was that when an open House seat presented itself in 2010 (with the move of Adam Driggs to the Senate), Brophy McGee decided to throw her hat in the ring. For Brophy McGee, an avowed enemy of apathy, the campaign trail represented a battleground for a fight against this nemesis. Brophy McGee thoughtfully opines, "Apathy is the worst thing that can happen to a governing system. When it sets in, leaders lose their accountability." Brophy McGee is genuinely honored and joyful to represent her district 11 constituency in the state legislature. She is especially proud to hold a position of public trust at a time when Arizona, the state her forebears helped create, approaches its 100th birthday. Brophy McGee enjoys her committee assignments (Agriculture and Water, Health and Human Service, and Energy and Natural Resources) and appreciates the collegial nature of the House. She observes that, "there is a respect among members born of common experience. Representatives recognize that their colleagues, like themselves, worked hard to get here." Presented with a Friend of Cities and Towns award by the League following her first session in the House, Brophy McGee has great respect for local officials and suggests that a city council may be the most challenging governing board on which to serve, especially because its decisions have such direct and immediate impacts on the lives of citizens. Moreover, she was "horrified" during her first legislative session by the number of bills that sought to micromanage municipalities. She promises to continue to resist legislative efforts to erode local authority. When she is not legislating, Brophy McGee is busy catering to the whims of her movie star dog, Meggie. The standard poodle ( "a more evolved form of life ") is a PetSmart model that has appeared in print ads for collars, dog beds and canine clothes, and has recently moved into videos. Meggie works fairly cheaply, trading her services for grooming on shoot days and free treats on set. Brophy McGee has faithfully continued her family's uninterrupted tradition of dedicated service to her native state. She hopes that has done her clan proud, and that her contributions will help ensure that the Brophy name remains associated with Arizona in the future. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Regular Council Meeting - February 21, 2012 - Page 39 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 7 League of Anzona uitiez�) AND ownS Leg islative Bulletin — ISSUE 5 - February 10, 2012 Legislative Update Today is the 33rd day of the second regular session of Arizona's 50th Legislature. If the chambers adhere to the 100 - day deadline established by rule, the session is one -third over. Next Friday, February 17, is the deadline established by leadership for bills to be heard in their house of origin. Monday, February 6, was the deadline for introduction of bills in the House (the Senate deadline was a week earlier). This year, members of the House and Senate introduced a combined total of 1,507 bills, memorials and resolutions. This is eleven more measures than were introduced last year. Representatives introduced a flurry of bills immediately prior to the bill introduction deadline. Among those with direct negative impacts on cities and towns are: HB 2820 (comprehensive transaction privilege tax; services). Among other things, provides that, in fiscal year 2017- 18, the Urban Revenue Sharing Fund shall consist of $424.4 million appropriated from the general fund and shall be increased by an unspecified percent in future years. HB 2821 (universal regulatory tax credit) and H8 2815 (employment; incentives; regulatory tax credit). Establishes a credit against tax liability for the costs and expenses of "excessive regulation." HB 2826 (consolidated election dates; political subdivisions). Mandates that local elections can no longer be held in March or May and may only be held in even - numbered years. Highway Users Revenue Fund Representative Vic Williams (R- Tucson), chairman of the House Transportation Committee, introduced a pair of bills designed to support the application of Highway Users Revenue Fund monies for their intended use. The League thanks Chairman Williams for his leadership on this issue and supports his efforts to protect against the diversion of HURF funds away from municipalities, counties and the State Highway Fund. HB 2771 (HURF monies; accounting; appropriation) requires the Department of Transportation to account for HURF monies that have been diverted from municipalities, counties and the State Highway Fund; requires the Legislature to consider repayment of those funds; and appropriates $20 million as an initial repayment. HCR 2058 (HURF; monies; allowable uses) would constitutionally protect HURF and Vehicle License Tax dollars from future sweeps and restrict their use to traditional highway and roadway purposes. Regular Council Meeting - February 21, 2012 - Page 40 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 7 Municipal Water Assessment The Senate Appropriations Committee gave its unanimous approval to SB 1288 (municipal water, fees; repeal; appropriation) on Tuesday, February 7. The vote was 11 -0, with two members not voting. The bill, sponsored by Senator Gail Griffin (R- Hereford), repeals the authority of the Arizona Department of Water Resources (ADWR) to impose an assessment on municipalities to help fund departmental operations. For the coming fiscal year, the assessment is estimated to cost cities and towns approximately $6.5 million - about half of the ADWR's annual budget. SB 1288 returns the responsibility for ADWR funding to the state's general fund. The legislation will now become part of the budget negotiation process between the Legislature and the Office of the Governor. The League testified in favor of the bill and provided committee members with a letter, signed by a broad group of stakeholders, supporting the use of the state general fund for agency operations. The committee's vice chairman, Senator Ron Gould (R -Lake Havasu City), noted that a very long list of cities and towns registered their support for the bill. The League thanks Senator Griffin for her continued championship of the measure and all of those who signed in to the Legislature's online system to support the bill's passage. Permit Self - Certification HB 2168 (building permits; self - certification process) provides that, "on receipt of any completed permit application, a municipality shall give the applicant the option of obtaining the issuance of the requested permit through a municipally directed permitting process or through self - certification." The bill further outlines standards for the establishment of the mandated self - certification program. The League has worked extensively with the bill sponsor, Representative Jeff Dial (R- Chandler), to mitigate its effects on cities and towns. Working with affected parties, the League developed an amendment, acceptable to the sponsor, which would limit the bill's application to large cities and require implementation of self - certification pilot projects. The legislation was scheduled for consideration by the House Committee on Government on Tuesday, February 7. Due to concerns raised by a professional association of architects, the bill was held for another week. The League will attend a limited stakeholder meeting on Thursday to attempt to help resolve outstanding issues. It is our understanding that the bill will be on the House Government Committee agenda for Tuesday, February 14. Homeowners' Associations On Thursday, February 9, the Senate Committee of the Whole debated and passed SB 1113 (homeowners' associations, public roadways). Sponsored by Senator Nancy Barto (R- Phoenix), this bill divests homeowners' associations (HOAs) of authority over roads that are dedicated to a governmental entity. The League opposes the measure because of the burdens it imposes on local law enforcement and financial resources. The bill will go on to be third read in the Senate. Also this week, the House Government Committee heard and passed HB 2030, another HOA and public roadway measure. The sponsor, Representative John Kavanagh (R- Fountain Hills), amended this version to permit an HOA to regulate the parking of passenger vehicles on public roadways if that HOA allows each member household to park two or more vehicles in its driveway. Despite the amendment, the League opposes the bill for the same reasons it opposes SB 1113. HB 2030 now proceeds to the House Rules Committee. Heritage Fund HCR 2047 (state parks heritage fund; restoration) unanimously passed the House Committee on Agriculture and Water on Thursday, February 9th. Sponsored by Representative Russ Jones (R- Yuma), the resolution would restore Regular Council Meeting - February 21, 2012 - Page 41 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 7 funding of the state parks heritage fund through Arizona lottery proceeds. If this legislation passes both the House and the Senate, it would be placed on the general ballot in November for the State's voters to decide its fate. Its next stop is the House Appropriations Committee. Firearms On Monday, February 6, the Senate Judiciary Committee heard two firearms measures. SB 1448 (misconduct involving weapons; public property), sponsored by Senator Steve Smith (R- Maricopa), provides that, unless access is controlled or restricted by the presence of a law enforcement officer or armed security guard, a person entering a public establishment or public event is not guilty of misconduct involving weapons if that person is carrying a firearm. Despite the League's opposition, the bill passed committee by a vote of 4 -3. The other measure, SB 1474 (weapons; university; college grounds) permits people to carry firearms on college campuses but provides for restricted access to buildings. The bill, sponsored by Senator Ron Gould (R -Lake Havasu City), requires colleges and universities to provide lockers in which gun carriers can store their weapons before entering campus facilities. SB 1474, which is opposed by the League, passed the committee by a vote of 5 -3. Both SB 1474 and SB 1148 will now proceed to the Senate Rules Committee. Municipal Financing Mechanisms The House Ways and Means Committee addressed two bills on Monday, February 6, that would authorize the use of alternative financing mechanisms in Arizona. The first measure, HB 2445 (state capitol restoration; recapture district) authorizes the formation of a State Capitol Centennial Restoration and Economic Recapture District that uses state transaction privilege tax (TPT) revenues to benefit the district as well as the restoration of the state Capitol. The League registered its support of the measure, which was discussed and subsequently held. The second bill, HB 2469 (revenue allocation districts) passed out of committee on 7 -2 vote. The measure, sponsored by Representative Rick Gray (R -Sun City), authorizes municipalities to form Revenue Allocation Districts, which can pledge increases in both property tax and TPT revenue to secure bonds issued to benefit the district. The League actively supports the measure, which now proceeds to the House Rules Committee. Utility notice HB 2350 (marijuana; transfer for value; presumption) passed the House Government Committee on Tuesday, February 7, with a strike - everything amendment that would require municipalities to provide one -year notice to utilities with respect to any public works projects of at least one -half mile in length. The League opposed the measure because of the burdens it imposes on efficiency and economic development. The League, however, is working productively with industry advocates and legislative sponsors to develop an amendment that would simply require electronic publication of capital improvement plans. Regulatory reform The House Committee on Commerce was scheduled to consider HB 2468 (regulations; entry; public service; limitations) on Wednesday, February 8. The measure requires "agencies" to review and limit business "entry regulations" and "public service restrictions." The League is concerned that the bill could have significant unintended consequences and negative impacts on cities and towns. The bill's sponsor, Rep. Rick Gray (R -Sun City) requested that the bill be held, and it was withdrawn from the committee agenda. The League had previously prepared an amendment to clarify that the bill would not apply to municipalities. Regular Council Meeting - February 21, 2012 - Page 42 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 7 Alarm system installation On Wednesday, February 8, the Senate Committee on Government Reform heard SB 1306 (alarm system installation; contractors; municipalities). The bill outlaws municipal regulation or licensure of alarm system installation. It further provides that municipalities in violation of the law will be penalized through a withholding of state shared revenues. Both the League and the Arizona Alarm Association testified in opposition to this measure. Despite this opposition, the bill was approved on a 4 -2 vote, following a spirited exchange among committee members regarding the power of the state vis -a -vis local control. Fireworks The Senate Government Reform Committee considered SB 1364 (consumer fireworks; permitted regulation) on Wednesday, February 8. The bill, sponsored by Senate Majority Leader Andy Biggs (R- Gilbert), was amended and passed by the committee on a 5 -2 vote. As amended, the legislation: prevents municipalities from adopting an ordinance with a penalty greater than a petty offense for a person using certain consumer fireworks; allows the imposition of fees on fireworks sellers; addresses signage issues; and restricts the sale and use of consumer fireworks in counties that have fewer than 500,000 population and large amounts of federal land (i.e., Coconino and Yavapai Counties). The bill will be next considered by the Senate Rules Committee. Spirituous liquors On Wednesday, February 9, the House Commerce Committee considered HB 2606 (state liquor board members; compensation). The bill was used as the vehicle for a striker amendment (liquor omnibus), which passed the committee by a vote of 6 -1. Among other things, the bill as amended: limits the amount of information required to be posted in connection with a license application; reduces hearing requirements; permits the Department of Liquor to regulate walk -up service windows at liquor stores; and prohibits a city or town from increasing fees on hospitality businesses in any year by an amount greater than the increase in consumer price index the previous year. The League opposes the bill and testified in committee that a stakeholder meeting would be warranted to address outstanding concerns. The bill's sponsor, J.D. Mesnard (R- Chand(er), agreed to convene such a meeting. In the meantime, HB 2606 proceeds to consideration by the House Appropriations Committee. Independent Redistricting Commission On Wednesday, February 8, the Senate Government Reform Committee passed two measures relating to the Independent Redistricting Commission (IRC), the voter - established body responsible for drawing legislative and congressional district boundaries. One of these bills is SB 1489 (redistricting commission; counties; cities; districts), sponsored by the committee's chairman, Senator Rick Murphy (R- Glendale). The measure extends IRC's boundary- drawing authority to county supervisor districts, municipal districts or wards, and other governmental jurisdictions. The measure next proceeds to the Senate Rules Committee. The other IRC bill, SCR 1035 (repeal independent redistricting commission), is sponsored by Senate Majority Leader Andy Biggs (R- Gilbert). The measure would effectively repeal Proposition 106, the voter - approved initiative that established the IRC. The resolution passed committee with a technical amendment and now moves to the Senate Rules Committee. To become effective, the measure would ultimately require approval by the State's voters in a general election. Budget Transparency Regular Council Meeting - February 21, 2012 - Page 43 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 7 On Wednesday, February 8, the Senate Committee on Government Reform unanimously passed SB 1447 (municipal finance decisions; public meeting). The measure requires municipalities to hold at least one public meeting before approving a budget, bond election or alternative expenditure limitation election. The League believes that this bill is unnecessary due to existing statutory requirements. The bill now proceeds to the Senate Rules Committee. Political Signs SB 1200 (political signs; hazardous locations) stipulates that a government agency must notify the owner of a political sign in writing if a particular sign is deemed to create a hazardous condition. It further provides that, for purposes of calculating the time frame for permissible sign installation, a primary election begins on the day that early ballots are first mailed out to voters. The League worked closely with the bill's sponsor, Senator Sylvia Allen (R- Snowflake), who agreed to permit electronic notification to satisfy the "in writing' requirement of the bill. A floor amendment memorializing that agreement was adopted by the Committee of the Whole, which passed the bill by a voice vote. SB 1200 now proceeds to third reading in the Senate. Legislator Profile - Representative Heather Carter The late Archbishop Fulton J. Sheen once stated that the reason the Irish fight so often among themselves is that they're always assured of having a worthy opponent. With her flashing green eyes and shock -red hair, daughter of Ireland and Arizona Legislator Heather Carter is the very image of a feisty colleen who could teach an accomplished Irish street fighter a thing or two about getting the upper hand. A winner of several political donnybrooks, Representative Carter fought her way to the top of the legislator effectiveness ratings during the first session of Arizona's fiftieth Legislature. By shepherding all four of her introduced bills through the House and Senate and successfully persuading the Governor to sign them into law, she scored a perfect 1.000 - quite an accomplishment for a freshman legislator who was, to some extent, learning her job on the run. Representative Carter comes by her interest in politics naturally. A native of the mid - Atlantic region, she grew up just outside of Washington, D.C., where the local news is the world news and politics forms the wallpaper of everyday life. "Politics was always a part of our family's dinner conversations," the District 7 legislator recalls. Her father, the family patriarch and an Air Force veteran, worked for Wang Laboratories selling mainframe computers to the federal government. One of the company's top district managers, he declined a major promotion because he wasn't interested in uprooting his family from Maryland to relocate in Atlanta. Besides, they had a great life in Montgomery County, about forty -five mites outside of Washington, D.C. The family enjoyed a spacious house on a sixteen -acre parcel of land that included a pool and horse arena amid tots of open countryside. Eventually, the lure of the Sunbelt became too strong for Representative Carter's parents to resist. Arizona State University caught their collective eye when the Sun Devils registered an impressive victory in the school's first -ever Rose Bowl appearance in 1987. The family visited the Phoenix area the following summer, by which time the future representative had enrolled as a freshman at the University of Maryland. She was an active and well - adjusted young woman who showed horses, participated in student government and was a member of the college dance line. Then her parents dropped the bomb: "We are selling everything, bought a house in Phoenix, and moving in June. You're welcome to join us." After she recovered from her shock, Representative Carter chose to go west. In the fall of 1988, she enrolled as a Regular Council Meeting - February 21, 2012 - Page 44 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 6 of 7 student at Arizona State University and concurrently registered to vote as a new resident of Arizona. "First it was, 'Fear the Turtle' [as a University of Maryland Terrapin]. The next thing I knew it was, 'Fear the Fork, "' the representative recalls with a laugh. Following her graduation with a degree in communication, she multi- tasked her way through young adulthood, earning post - graduate degrees from both ASU and NAU and working in a series of demanding and interesting jobs. Among other things, she was a real estate agent, pharmaceutical sales representative, account executive for KOOL- FM radio and account executive for the Phoenix Suns. It was during her time in the world of professional sports that she met her husband of seventeen years, Jay Carter (whose brother, ASU Hall of Fame inductee Kendal(, set an NCAA freshman record with 19 pitching victories in 1981). "Jay came in to buy Rattlers tickets," Representative Carter fondly recalls. The two courted throughout the Phoenix Suns Western Conference championship season of 1993. A particularly memorable date involved traveling together to Los Angeles to see the Suns defeat the Lakers in a playoff game. Demonstrating unrestrained team spirit, Representative Carter boarded their California -bound plane awash in purple and orange paint and toting hand -made signs in support of the visiting team. An image of the rabid fan was captured by a photographer and memorialized on the front page of the Arizona Republic and at the center of the team's annual yearbook. Of her many non - legislative jobs, the most rewarding was her five -year engagement as a public school teacher. "Nothing prepared me better for politics than teaching middle school," Representative Carter reflects. She rose to the many challenges presented to an urban teacher, succeeding where others had failed. Many of her students still keep in touch; several credit her with being their best teacher ever and helping them find a better track for their lives. As successful as she was as a teacher, Representative Carter found herself chronically frustrated by an institutionally inherent resistance to change and innovation. "Innovators in the public schools consistently run into policy brick walls," she observes. "We need smart people with entrepreneurial ideas making policy at the state level." Possessing those attributes herself, she was persuaded by friends to run for the Legislature in 2010. With a solid message, a keen understanding of the campaign process and good name identification, she ran in the Republican primary against seven other candidates for two open seats. Following an energetic campaign by the buoyant and positive candidate, Representative Carter emerged as a victor from her primary and went on to become the top vote - getter in the the District 7 House general election. With the mentality of a knowledge -hungry student, Representative Carter approaches her job at the Legislature with passion and vigor. "I always do my homework," she asserts. "When I started this job, 1 had never even heard of fiscal notes. Now I own them," she jokes. "I work at 150 miles per hour," the representative confesses. She reads and responds to every message she receives at seven different email accounts. She also works for her alma mater, Arizona State, serving as a clinical associate professor in the Mary Lou Fulton Teachers College and teaching courses on computer literacy and education policy. As furiously as Representative Carter works, she does know when to turn it off and make time for herself and her family. She does her level best to avoid outside breakfasts, dinners and weekend events. "You need boundaries," she observes. "You need to protect family time. This job will swallow you whole if you let it." She acknowledges that the job of a legislator carries enormous responsibility but explains that there is great danger in permitting it to consume one's life: "You are a better legislator if you lead a balanced life. Without balance, you lose perspective. Helping her keep that balanced perspective is her nine - year -old daughter, Jacey, who has inherited her mothers Regular Council Meeting - February 21, 2012 - Page 45 of 46 League of Arizona Cities and Towns - Legislative Bulletin Page 7 of 7 passion for excellence. A natural horsewoman, Jacey is currently knee -deep in basketball, playing on a competitive girls basketball team and training with an NBA - credentialed professional coach. Representative Carter is also visibly proud of her husband, an entrepreneurial genius who has been recognized as one of the top realtors in the state. Representing Carefree, Cave Creek and portions of Scottsdale and Phoenix, Representative Carter espouses an appreciation for the prerogatives of cities and towns, and she neither shares nor understands the anti -city attitude harbored by some of her colleagues. Moreover, she is an ardent supporter of Arizona's system of state shared revenue. Expounding further on the pugilistic nature of the Irish, Bishop Sheen commented, 'The more a man loves, the more a man fights for what he loves. They love God and country ... and so they fight for them." Motivated as she is by principled and enduring values, Representative Heather Carter is a sure bet to score many more public policy knock- outs and to ultimately take home a championship belt from the boxing ring that is life. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. Regular Council Meeting - February 21, 2012 - Page 46 of 46