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Home My WebLink About03/20/2012 Council Agenda Packet MARANA w ux.s., 10440,144 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 20, 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 others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting - March 20, 2012 - Page 1 of 69 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, March 19, 2012, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www..mara na.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. 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 CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. Regular Council Meeting - March 20, 2012 - Page 2 of 69 C 1: Resolution No. 2012 -16: Relating to Development; approving and authorizing a development plan for the Dove Mountain Casitas (Kevin Kish) C 2: Resolution No. 2012 -17: Relating to Community Development; authorizing the Town Manager to apply for grant funding from the Governor's Office of Highway Safety to assist the Marana Police Department in purchasing accident and DUI investigation equipment and in funding overtime pay for police officers participating in speed enforcement and Southern Arizona DUI Taskforce deployments (T VanHook) C 3: Resolution No. 2012 -18: Relating to Community Development; approving and authorizing the Mayor to execute quit claim deeds conveying Lots 2 and 3 of Sydney Place, located within the Northwest Quarter of Section 33, Township 11 East, Range 11 South, Gila & Salt River Base and Meridian, Pima County, Arizona, to Habitat for Humanity Tucson, Inc. for development of affordable housing as a part of the affordable housing partnership between the Town of Marana and Habitat for Humanity (T VanHook) C 4: Resolution No. 2012 -19: Relating to Community Development; approving and authorizing the Mayor to execute a Memorandum of Understanding with the Town of Marana Western Heritage Committee, Inc. regarding ownership and operation of the Western Heritage Arena (T VanHook) C 5: Minutes of the March 6, 2012 regular meeting and the March 13, 2012 study session LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2012 -20: Relating to Boards, Commissions and Committees; accepting recommendations to Council for appointments; making appointments to the Marana Planning Commission and the Marana Board of Adjustment (Jocelyn Bronson) COUNCIL ACTION ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Relating tg_o gislation 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 Regular Council Meeting - March 20, 2012 Page 3 of 69 No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 11 0381; (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 - March 20, 2012 - Page 4 of 69 wuuu 1 MARANA IVIONO 04 AMNIA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, March 20, 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: This item furthers Initiative 4(d) of the Commerce Focus Area by which the Town seeks to promote the development of a balanced portfolio of housing, including multi - family, to meet the current and future needs of Marana residents. Subject: Resolution No. 2012 -16: Relating to Development; approving and authorizing a development plan for the Dove Mountain Casitas Discussion: Request The applicant is requesting approval of a development plan for the Dove Mountain Casitas. Summary Dove Mountain Casitas, L.L.C. is proposing development of the Dove Mountain Casitas apartments in Block A (15.82 acres) of the Saguaro Forest at Dove Mountain subdivision. The final plat for this subdivision was approved by Town Council on November 6, 2007 by Resolution 2007 -186, recorded at Book 63 Page 28. The applicant plans on developing a mix of one, two and three bedroom apartments in 31 two- story buildings and 35 one -story buildings with a total of 283 rental units. Residents will have access to covered parking and garages. A clubhouse and leasing office will be constructed with amenities including a pool, gym and outdoor recreation area at the primary entrance to the project. A second recreation area, with a pool, will also be built on the western boundary of the project. Location The site is generally located 4.3 miles north of Tangerine Road on the southerly side of Dove Mountain Boulevard. Properties adjacent to the site consist of: to the north across Dove Mountain Boulevard is vacant property that has the Mixed Use Commercial land use destination, westerly is a natural drainage area, south and southeast is the Gallery Golf Course South holes 11 and 12. Zoning Regular Council Meeting - March 20, 2012 - Page 5 of 69 The site is located within the Dove Mountain Specific Plan. The Specific Plan land use designation is Mixed Use Commercial (MUC) which allows for medium density residential uses. The proposed density for the Dove Mountain Casitas is what is allowed under the transfer of density /dwelling units of the Dove Mountain Specific Plan. Transportation The access to this development will come from Dove Mountain Boulevard via two driveways. The main entrance will utilize the existing driveway location and left turn lane from Dove Mountain Boulevard. A secondary, gated driveway will access the Dove Mountain Boulevard and Secret Springs Drive traffic circle. A traffic study was prepared and based on the study's findings traffic generated by this project should not create any traffic safety or operational problems on Dove Mountain Boulevard, the roundabout, or the project's driveways. ATTACHMENTS: Name: Description: Type: ❑ Resolution_Dove Mountain Casitas DP.doc Resolution Resolution ❑ Location_Map.pdf Location Map Backup Material ❑ Apptication,pdf Application Backup Material ❑ DP Full Set Final.pdf DPR -11059 Dove Mountain Casitas Backup Material Staff Recommendation: Staff finds that the development plan is in compliance with the Dove Mountain Specific Plan, the Marana Land Development Code, and the Marana General Plan. Staff recommends approval of this development plan. Suggested Motion: I move to approve Resolution No. 2012 -16, approving and authorizing a development plan for the Dove Mountain Casitas. Regular Council Meeting - March 20, 2012 - Page 6 of 69 MARANA RESOLUTION NO. 2012-16 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A DEVELOPMENT PLAN FOR DOVE MOUNTAIN CASITAS WHEREAS, the Dove Mountain Specific Plan was approved by the Town Council on March 28, 2000, as Ordinance 2000.04; and WHERAS, on November 6, 2007, the Town of Marana adopted Resolution No. 2007- 186, approving the final plat for Saguaro Forest at Dove Mountain, Book 63 Page 28; and WHEREAS, Dove Mountain Casitas, L.L.C., has applied for approval of a development plan for Dove Mountain Casitas, a 283 unit apartment development on 15.82 acres, and is generally located 4.3 miles north of Tangerine Road on the south side of Dove Mountain Boulevard, within a portion of Sections 22 and 23, Township 11 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on March 20, 2012, determined that the Dove Mountain Casitas Development Plan should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Dove Mountain Casitas Development Plan is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of March, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2012 -16 Regular Council Meeting - March 20, 2012 - Page 7 of 69 r .- Dove Mountain Casitas Development Plan MARANA 1 " CASE DPR -11059 TOWN OF MARANA. R d f/ � � :: ::: 4.. . :: � Rd Carlt Resort l•' .#`..l7,. rFl on x re r. f i _ A "' Ri tz Carl ton Golf Cu ~``'"` --� . *+ M � .. *to.— ' } ', A 41;;;;ZiliPaly 1 • • �_�� v r Residences at the R itz - Carlton r, 1 , - , s k : , / � f s � +�+. ; ♦ f v + , a ` b � � I I* .. � ra . � J r .. r p s \ `� —._ { 1. Sub j ect Propert II 4 ii i r { � � I r 40/ f I: . Solana i.th ,. �'��* � Saguaro Forest ' 4 ' / # i tifi l pi „1,4 . • �I �, DOIIE .O.t1NT 4. .�1 ` �� Dos Lagos Nal l { :.si .. S ® ..�a Request 0 1100 2200 ft. A request for development plan approval for a 283 unit apartment complex on 15.8 acres. 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 party, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the us o od if ation ft e dta. - 2 equiar ouncii Meeti - March 20, 2012 - Page 8 of 69 MARANA • PLANNING & ZONING APPLICATION Preliminary Plat 0 General Plan Amendment 0 Variance 3 f inal Plat 0 Specific Plan Amendment 0 Conditional Use Permit )Qevcl opment Plan 0 Rezone/Specific Plan 0 Annexation 0 Landscape Plan 0 Significant Land Use Change 0 Minor Land Division 0 Native Plant Permit 0 SWPP C Water Plan 0 Improvement Plan (specify type in the Description of Project box") 0 Other Assessor's Parcel Number(s) General Plan Designation D�4 Pri0Orriaik ifirmed by SpeCalt P. • • .., apt- 3 -0'730 (To be cor shrff) Gross Area (Acre/Sq. Ft.) 6scniq s F Current Zoning Zone. F r uj • S2 (To be confirmed by IS. ACRES ,ru r, • staff) nil.nrii ns Area b Development/Project Name % Dove ia cAs h. x loposed Zoning 4o. rine Project Location - ZA4Oic to F6 MUST NT DeNt, rneanictiri_ i251ttc, A Description of Project ias bnos rnrN u ea on Do)stil3 P)esiderrital Property owner 1 OM Phase. III 1 nvesi meni- LLC sued Adams 5107 E Sunrise Dr1Ve. sic 219 • City -r uc State I '1'4es 1 TANAiti Fax —N" htlinm,"10 Contact Person M enu /PS T-mail cationtwoamperifes.can 123 l 1-6,I1( nut - Applicant Si AC Coma lum d A2 , :Ina . street Address 5405 E PIg4 14o8uco City Attie I Zip Code I Phone Nuiriber I Fax Number I E-Mail Address Tut. 't 1 '&5718 I 52CI -ratio isx -040 1 ern. 0 Contact Person Erik Harris 1 Plrg?'-uliref11 siorconsillisrsaa. con Agent/Representative Street Address City State I Zip Code Phone Number Fax Number I E-Mail Address I , I • Contact Person Town of Marana Business License No. er4:4IIMIGR1.47.4WV.",40„IMIOPPITY..OVON: .; 1, the undersigned, certify that all of the facts set forth in this application are true to the best rimy knowledge and that 1 am either the owner of die property or diat 1 have been authorie jiutglytheoe this application and checklist. (If not owner of record, attach written authorizadon from IS-tow _ TZcc itriti4A.) 0 - JOAO Print Name of Applicant/Agent S ;`. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, March 20, 2012, 7:00 PM To: Mayor and Council Item C 2 From: T Van Hook, Community Development Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2012 -17: Relating to Community Development; authorizing the Town Manager to apply for grant funding from the Governor's Office of Highway Safety to assist the Marana Police Department in purchasing accident and DUI investigation equipment and in funding overtime pay for police officers participating in speed enforcement and Southern Arizona DUI Taskforce deployments Discussion: The Town of Marana is submitting three proposals for funding to the Governor's Office of Highway Safety (GOHS) for programs addressing the needs of the community. The Town's applications will include a request for financial support to allow the purchase of accident investigation and preliminary breath test equipment and overtime pay for the Marana Police Department to expand the Town's enforcement abilities for both aggressive and impaired drivers. If awarded, overtime funding will allow Marana to continue participation on the Southern Arizona DUI Task Force, increasing the number of marked patrol units on the streets during peak DUI times and in targeted locations. This increased activity will serve as a deterrent and by increased formal enforcement action to reduce the number of impaired drivers on Arizona roadways. The Town will provide event - specific, department - initiated DUI enforcement and work as part of the Southern Arizona DUI Task Force in a coordinated effort to reduce the number of individuals under the influence through enforcement and education efforts. The accident investigation equipment will increase accuracy and reduce the amount of time officers spend gathering information about the circumstances leading to a vehicular accident by downloading a varied set of indicators from the car's computer. The time savings frees up officers to return to their regularly assigned duties. The goals and objectives stated in the grant are as follows: Goal 1: Raise drivers' awareness about the speeds at which they are driving through the Town's school zones and residential streets, thereby reducing speeds and the potential for traffic accidents. Objective 1.1: Reduce speeding conditions through school zones and residential streets. Regular Council Meeting - March 20, 2012 - Page 26 of 69 Objective 1.2: Reduce speeding conditions through construction zones and congested high - traffic areas. Goal 2: Reduce the number of DUI incidents and collisions within the Town of Marana and thereby preserve life and property. Objectives 2.1: Reduce the number of DUI- related collisions in the region. Marana will be initiating a coordinated education and enforcement effort during the key commute times in the areas that statistically show the highest incidence of aggressive drivers, high speeds and collisions. The Marana Police Department is confident that by taking this two- pronged approach for addressing the problems associated with speeding and aggressive drivers it can reduce the number of collisions, serious injuries and deaths among its citizens. Financial Impact: The Town will be responsible for the operation, maintenance, updates, and replacement costs of the equipment purchased with grant funding. DUI Task Force funding is for overtime and employee - related expenses only. Any other costs related to the activities are the Town's responsibility. ATTACHMENTS: Name: Description: Type: 0 Resolution GOHS_ j00029670).DOC Resolution Resolution Staff Recommendation: Staff recommends that the Mayor and Council authorize the Town Manager to submit grant applications for and execute all documents related to GOHS funding for enforcement programs during FY 2012 -2013. Suggested Motion: I move to adopt Resolution No. 2012 -17, authorizing the Town Manager to apply for grant funding from the Governor's Office of Highway Safety to assist the Marana Police Department in purchasing accident and DUI investigation equipment and in funding overtime pay for police officers participating in speed enforcement and Southern Arizona DUI Taskforce deployments. Regular Council Meeting - March 20, 2012 - Page 27 of 69 MARANA RESOLUTION NO. 2012-17 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE TOWN MANAGER TO APPLY FOR GRANT FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY TO ASSIST THE MARANA POLICE DEPARTMENT IN PURCHASING ACCIDENT AND DUI INVESTIGATION EQUIPMENT AND IN FUNDING OVERTIME PAY FOR POLICE OFFICERS PARTICIPATING IN SPEED ENFORCEMENT AND SOUTHERN ARIZONA DUI TASKFORCE DEPLOYMENTS WHEREAS the Governor's Office of Highway Safety (GOHS) is seeking proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS the Town of Marana is interested in submitting projects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration; and WHEREAS the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS the Marana Police Department is working to increase enforcement to reduce excessive speeding by drivers and the number of impaired drivers on Arizona roadways; and WHEREAS grant funding will assist the Marana Police Department in purchasing accident and DUI investigation equipment and in funding overtime pay for police officers participating in speed enforcement and Southern Arizona DUI Taskforce deployments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The Town Manager is hereby authorized to apply for grant funding from the Governor's Office of Highway Safety to assist the Marana Police Department in purchasing accident and DUI investigation equipment and in funding overtime pay for police officers participating in speed enforcement and Southern Arizona DUI Taskforce deployments. 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, including the execution of all documents related to GOHS funding for the Marana Police Department during fiscal year 2012 -2013. Regular Council Meeting - March 20, 2012 - Page 28 of 69 Marana Resolution No. 2012 -17 1 {00029670.DOC /} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of March 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - March 20, 2012 - Page 29 of 69 Marana Resolution No. 2012 -17 2 t00029670.DOC /; t MA ANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, March 20, 2012, 7:00 PM To: Mayor and Council Item C 3 From: T Van Hook, Community Development Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area - Additional Information: The Marana Builds Habitat partnership forwards the strategy of providing affordable housing alternatives for Marana residents by partnering with a community -based organization specializing in the development of safe, decent, and affordable homes for low- to moderate - income families. Subject: Resolution No. 2012 -18: Relating to Community Development; approving and authorizing the Mayor to execute quit claim deeds conveying Lots 2 and 3 of Sydney Place, located within the Northwest Quarter of Section 33, Township 11 East, Range 11 South, Gila & Salt River Base and Meridian, Pima County, Arizona, to Habitat for Humanity Tucson, Inc. for development of affordable housing as a part of the affordable housing partnership between the Town of Marana and Habitat for Humanity Discussion: In February 2007, the Town and Habitat for Humanity established Marana Builds Habitat (Resolution No. 2007 -026) an ongoing cooperative affordable housing program between Habitat and the Town of Marana that intends to produce two to three single-family houses per year. Since then, Habitat for Humanity - Tucson, a community -based 501 (c) (3) organization, has partnered with the Town to build two houses for qualified families. The Town has been able to use the Community Development Block Grant (CDBG) program affordable housing land acquisition dollars to purchase land intended to accommodate five additional Habitat homes. In September 2007, the Town purchased the property located at 12470 North Whitney Lane (Resolution No. 2007 -158), for its affordable housing land inventory and as a prospective site for Habitat homes. This property was purchased with funding from the Town's revolving affordable housing fund. The one -acre property was then platted into four lots, named as Sydney Place, accommodating an existing house and providing three additional lots for single family homes. The partnership is now ready to move forward on the next two homes, and Community Development would like to convey two of the Sydney Place parcels to Habitat for this Regular Council Meeting - March 20, 2012 - Page 30 of 69 purpose. These parcels will be conveyed to Habitat for Humanity- Tucson so that it can begin construction in 2012. The homes will be built using Habitat's self -help, community volunteer model and sold to families making at or below 80% of the area median income. Habitat will pay all construction costs using funds raised through community contributions and grants. The Town will continue to work with Habitat community partners to establish a volunteer base and community support for the program. Approval of the attached resolution will authorize the Mayor to execute two quit claim deeds, conveying the Sydney Place parcels to Habitat for Humanity - Tucson. Financial Impact: The property was purchased using CDBG affordable housing land acquisition dollars. This is an allowable project under the U.S. Department of Housing and Urban Development (HUD) guidelines for the CDBG program. No General Fund Dollars will be used in the project. ATTACHMENTS: Name: Description: Type: ❑ Resolution Habitat for_Humanity (00029641) DOC Resolution Resolution ❑ 00029694...D.00 Exhibit A - Quit Claim Deed Lot 2 Exhibit 00029695.DOC Exhibit B - Quit Claim Deed Lot 3 Exhibit Staff Recommendation: Staff recommends approval of the resolution authorizing conveyance of the two parcels to Habitat for Humanity - Tucson. Suggested Motion: I move to adopt Resolution No. 2012 -18, approving and authorizing the Mayor to execute quit claim deeds conveying Lots 2 and 3 of Sydney Place to Habitat for Humanity Tucson, Inc. for development of affordable housing as a part of the affordable housing partnership between the Town of Marana and Habitat for Humanity. Regular Council Meeting - March 20, 2012 - Page 31 of 69 MARANA RESOLUTION NO. 2012-18 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS CONVEYING LOTS 2 AND 3 OF SYDNEY PLACE, LOCATED WITHIN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 11 EAST, RANGE 11 SOUTH, GILA & SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, TO HABITAT FOR HUMANITY TUCSON, INC. FOR DEVELOPMENT OF AF- FORDABLE HOUSING AS A PART OF THE AFFORDABLE HOUSING PARTNERSHIP BE- TWEEN THE TOWN OF MARANA AND HABITAT FOR HUMANITY WHEREAS on February 20, 2007, the Town Council adopted Resolution No. 2007 -26, di- recting the Town's Community Development Department to enter into a partnership with Habitat for Humanity to build affordable housing for low- to moderate - income families in Marana; and WHEREAS on September 18, 2007, the Town Council adopted Resolution No. 2007 -158, authorizing the Town to purchase the property located at 12470 N. Whitney Lane for the develop- ment of affordable housing in partnership with Habitat for Humanity; and WHEREAS the Town platted the one -acre property at 12470 N. Whitney Lane into four lots, named as Sydney Place, accommodating an existing house and providing three additional lots for future single family homes for the affordable housing program; and WHEREAS the Town Council finds that it is in the best interests of the Town and its citizens to convey two of the Sydney Place parcels to Habitat for Humanity for construction of two homes for the affordable housing program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The quit claim deeds conveying Lots 2 and 3 of Sydney Place to Habitat for Humanity Tucson, Inc., attached to this resolution as Exhibits A and B, respectively, are hereby ap- proved, and the Mayor is authorized to execute them for and on behalf of the Town of Marana. SECTION 2. The Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of March, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - March 20, 2012 - Page 32 of 69 Marana Resolution No. 2012 -18 (00029641.DOC 1) QUIT CLAIM DEED (EXEMPT PURSUANT TO A.R.S. § 11 -1134 (A)(3) TOWN OF MARANA, an Arizona municipal corporation, (GRANTOR) for the consideration of ten dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby quit claim to HABITAT FOR HUMANITY TUCSON, INC., an Arizona non - profit corporation, (GRANTEE) all of its interest in the following described real property situated in Pima County, Arizona: Lot 2 of Sydney Place as recorded in Book 64 Page 99 of Maps & Plats, in the Office of the Pima County Recorder, and generally located within the Northwest Quarter of Section 33, Township 11 East, Range 11 South, Gila & Salt River Base and Meridian, Pima County, Arizona. Containing 6072 square feet SUBJECT TO: Existing covenants, conditions, restrictions, rights of way and easements of record. Dated this day of , 2012. TOWN OF MARANA By: Ed Honea, Mayor STATE OF ARIZONA ) SS. County of Pima ) This instrument was acknowledged before me this day of , 2012, by Ed Honea, Mayor of the Town of Marana, an Arizona municipal corporation, on behalf of the town. (seal) Notary Public RegullbM1 Sing - March 20, 2012 - Page 33 of 69 QUIT CLAIM DEED (EXEMPT PURSUANT TO A.R.S. § 11 -1134 (A)(3) TOWN OF MARANA, an Arizona municipal corporation, (GRANTOR) for the consideration of ten dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby quit claim to HABITAT FOR HUMANITY TUCSON, INC., an Arizona non - profit corporation, (GRANTEE) all of its interest in the following described real property situated in Pima County, Arizona: Lot 3 of Sydney Place as recorded in Book 64 Page 99 of Maps & Plats, in the Office of the Pima County Recorder, and generally located within the Northwest Quarter of Section 33, Township 11 East, Range 11 South, Gila & Salt River Base and Meridian, Pima County, Arizona. Containing 6072 square feet SUBJECT TO: Existing covenants, conditions, restrictions, rights of way and easements of record. Dated this day of , 2012. TOWN OF MARANA By: Ed Honea, Mayor STATE OF ARIZONA ) SS. County of Pima ) This instrument was acknowledged before me this day of , 2012, by Ed Honea, Mayor of the Town of Marana, an Arizona municipal corporation, on behalf of the town. (seal) Notary Public Regult b nii - March 20, 2012 - Page 34 of 69 mARANA Ne 101014 0# MUM* 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, March 20, 2012, 7:00 PM To: Mayor and Council Item C 4 From: T VanHook, Community Development Director Strategic Plan Focus Area: Heritage Strategic Plan Focus Area - Additional Information: The Marana Western Heritage Committee's Heritage Arena helps increase awareness of the Town's heritage through western equine events. Subject: Resolution No. 2012 -19: Relating to Community Development; approving and authorizing the Mayor to execute a Memorandum of Understanding with the Town of Marana Western Heritage Committee, Inc. regarding ownership and operation of the Western Heritage Arena Discussion: The Marana Western Heritage Committee, Inc. (MWHC), an Arizona non - profit corporation, operates the Heritage Arena located on the Casa Grande Highway at Postvale Road in Marana. The Arena provides a facility for Marana community for youth rodeos, gymkhanas, team roping, barrel racing, pro- and amateur - rodeo, mounted shooters and other equestrian events. The Arena offers a safe, affordable alternative with well -run services that meet the needs of these youth, senior adults, and families. Incorporated in 2007, the organization's mission is to promote and cultivate Marana's rich western equestrian and agrarian heritage, history and culture. MWHC places an emphasis on fostering equestrian events, especially encouraging and supporting youth participation. Currently, the Town owns and has assembled a rodeo arena and associated facilities and improvements at the Western Heritage Arena. MWHC has used and maintained the Arena for public, western heritage - related events that benefit the citizens of the Town for a number of years. As part of MWHC's use of the Arena, MWHC and the Town have used a water truck owned by the Town to maintain the Arena. Under the proposed agreement, the Town will transfer ownership of the Arena and the Water Truck to MWHC for its continued use in promoting the Town's western heritage. MWHC will be required to comply with provisions outlined in the MOU, including staging a pre - determined number of events at the arena, and submit an annual report to the Town documenting completion of the tasks required. Regular Council Meeting - March 20, 2012 - Page 35 of 69 ATTACHMENTS: Name: Description: Type: Resolution MWHC (00029663)DOC. Resolution Resolution 0 MOU MWHC (000296611pdf Exhibit A - MOU Exhibit Staff Recommendation: Staff recommends approval of the MOU with the Western Heritage Committee. Suggested Motion: I move to adopt Resolution No. 2012 -19, approving and authorizing the Mayor to execute a Memorandum of Understanding with the Marana Western Heritage Committee regarding ownership and operation of the Western Heritage Arena. Regular Council Meeting - March 20, 2012 - Page 36 of 69 MARANA RESOLUTION NO. 2012-19 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE TOWN OF MARANA WESTERN HERITAGE COMMITTEE, INC. REGARDING OWNERSHIP AND OP- ERATION OF THE WESTERN HERITAGE ARENA WHEREAS the Town Council of the Town of Marana has determined through the adoption of the Town's Strategic Plan that maintaining a sense of community character and heritage by linking the past, present and future is in the public interest and enhances the community; and WHEREAS the Marana Western Heritage Committee (MWHC) is a not - for -profit organization established to promote a western way of life and to maintain Marana's heritage as a part of today's community; and WHEREAS the Town owns and has assembled a rodeo arena and associated facilities and im- provements known as the Western Heritage Arena; and WHEREAS MWHC has used and maintained the Arena for public, western heritage- related events that benefit the citizens of the Town for a number of years; and WHEREAS the Town desires to transfer ownership and operation of the Western Heritage Arena to MWHC for rodeo and other community- oriented events that benefit the citizens of the Town; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into an agreement with MWHC regarding ownership and operation of the Arena. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The memorandum of understanding between the Town of Marana and the Town of Marana Western Heritage Committee, Inc., 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 the memorandum of understanding. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA- RANA, ARIZONA, this 20 day of March, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - March 20, 2012 - Page 37 of 69 Marana Resolution No. 2012 -19 (00029663.DOC 11 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ( " MOU ") is made and entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and the TOWN OF MARANA WESTERN HERITAGE COMMTF1'EE, INC., an Arizona non - profit corporation ( "MWHC "). The Town and MWHC are sometimes referred to in this MOU as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. In February 2009, the Town Council of the Town of Marana adopted a Strategic Plan. The Strategic Plan identifies "Heritage that Ties the Past to the Future" as one of the five focus areas of the Plan, with the goal of maintaining a sense of community character by linking the past, present and future. B. MWHC is a not - for - profit organization established to promote a western way of life and to maintain Marana's heritage as a part of today's community. C. The Town owns and has assembled a rodeo arena and associated facilities and improvements known as the Western Heritage Arena (the "Arena "). The Arena is located on property owned by the Marana Unified School District ( "MUSD "), adjacent to and east of the MUSD maintenance facilities located at Barnett and Postvale Roads in the Town of Marana (the "Property "). The Arena is more particularly defined in Exhibit A, attached hereto and incorporated herein by this reference. The Property is more particularly defined in Exhibit B, attached hereto and incorporated herein by this reference. D. MWHC has used and maintained the Arena for public, western heritage- related events that benefit the citizens of the Town for a number of years. As part of MWHC's use of the Arena, MWHC and the Town have used a water truck owned by the Town to maintain the Arena (the "Water Truck "). The Water Truck is more particularly defined as a 1999 Freightliner 2,000 gallon water tanker, Vehicle Identification Number (VIN) 1FV6HJAA4XHB43018. E. The Town desires to transfer ownership of the Arena and the Water Truck to MWHC subject to the terms and conditions set forth in this MOU. F. The Town finds that the benefit to the Town resulting from MWHC's ownership, use and maintenance of the Arena and the Water Truck in accordance with the terms of this MOU have a value at least equal to the consideration provided by the Town to MWHC under this MOU. (00026970.DOC / 7) 3/14/12 JF Regular Council Meeting - March 20, 2012 - Page 38 of 69 - 1 - AGREEMENT Now, THEREFORE, in consideration of the foregoing promises and the mutual covenants set forth in this MOU, the Parties hereby agree as follows: 1. Transfer of Arena and Water Truck. The Town shall transfer ownership of the Arena and the Water Truck to MWHC. 2. Transfer Date. For ease of administration, the effective date of the transfer of both the Arena and the Water Truck (the "Transfer Date ") shall be the date that the Town transfers title to the Water Truck to MWHC, which shall be no later than 30 calendar days after the effective date of this MOU. 3. Acknowledgement of transfer. MWHC shall provide the Town with documentation acknowledging the transfer of both the Arena and the Water Truck within 30 calendar days of the Transfer Date. 4. Water Truck license, registration and decals. On or about the Transfer Date, MWHC shall give the Town access to the Water Truck to allow the Town to remove the license plate and Town door seal decals from the Water Truck and to retrieve any documentation and other property owned by the Town from the Water Truck. 5. Costs of use, maintenance and operation of Arena and Water Truck. MWHC shall be solely responsible for the costs of the use, maintenance and operation of the Arena and the Water Truck from the Transfer Date forward. Under no circumstances shall the Town be responsible for these costs after the Transfer Date. 6. Insurance. MHWC shall be solely responsible for maintaining insurance for the Arena and the Water Truck from the Transfer Date forward. 7. Town of Marana name and logo. To avoid confusion regarding whether MWHC is affiliated with or a department of the Town, MWHC shall change its legal name from "Town of Marana Western Heritage Committee, Inc." to "Marana Western Heritage Committee, Inc." or another name as determined by MWHC, as long as the name does not include "Town of Marana" in it. Additionally, from the effective date of this MOU forward, MWHC shall market itself on its website and in other locations as the "Marana Western Heritage Committee" or "Western Heritage Committee" or other similar name as determined by MWHC. MWHC shall not display the name "Town of Marana" or the Town's logo or seal on its written materials or signage without the prior written approval of the Town Manager or designee. 8. Western Heritage Arena sign. MWHC shall remove the name "Town of Marana" and the Town of Marana's logo from the Western Heritage Arena sign located near the northwest corner of Postvale and Frontage Roads within 30 calendar days of the effective date of this MOU. MWHC may repaint the sign with verbiage as determined by MWHC, as long as the verbiage complies with the terms and conditions of this MOU, including paragraph 7 above. RegulitagAtiejeifig March 20, 2012 - Page 39 of 69 - 2 - 9. Western heritage - related events and programs. MWHC shall generally sponsor, support, develop and implement western heritage - related events and programs that enrich the cultural life of the community. As a part of this obligation, MWHC shall stage a minimum of six events at the Arena during the term of this MOU. Additionally, MWHC shall participate in the planning and execution of the Town's annual Founders' Day event, as directed by and in cooperation with the Town. 10. Annual report. Within 30 calendar days after the end of the one -year term of this MOU, MWHC shall complete and submit an annual report to the Town in substantially the form attached as Exhibit C, demonstrating MWHC's completion of the events mandated by paragraph 9 above. 11. Expenses. MWHC shall be responsible for all of its operating expenses and the Town is not obligated to provide any compensation, other than the one -time transfer of property described in paragraph 1 above, to MWHC. 12. MOU effective date and duration. This MOU shall be effective as of the signature date of the last Party to sign this MOU, and shall remain in effect for one year. 13. Indemnification and release of claims. MWHC agrees to indemnify, defend and hold harmless the Town, its departments, officers, employees and agents from, for, and against any and all claims, suits, actions, legal proceedings, administrative proceedings, demands, losses or expenses, including reasonable attorney's fees, which are attributable to any intentional or negligent act or omission of MWHC, its members, employees, agents, subcontractors, volunteers or anyone acting under MWHC's direction, control or on its behalf. MWHC also hereby waives and releases any and all rights and claims for damages it may have against the Town of Marana, its officers, employees, agents, representatives or volunteers for any and all injuries, damages or liabilities suffered or incurred by it as a result of its use of the Arena and the Water Truck. 14. Relationship of parties. It is not intended by this MOU to, and nothing contained in this MOU shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer - employee relationship between any MWHC employee /member and any Town employee. Neither Party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other Party's obligation to withhold Social Security and income taxes for any of its employees. 15. 501(c)(3) status of MWHC. MWHC shall maintain its 501(c)(3) status as a non -profit corporation in good standing at all times during the term of this MOU and shall submit proof of such good standing to the Town upon the Town's request. Additionally, if MWHC is dissolved or loses its 501(c)(3) status for any reason within five years of the effective date of this MOU, MWHC shall sell the RegulibRpAcAlleieiFig March 20, 2012 - Page 40 of 69 - 3 - Arena and the Water Truck and donate all proceeds from the sale to the Town to be used for community events that benefit the citizens of the Town. 16. Notices. All notices, requests, demands, and other communications under this MOU shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: If to the Town, to: TOWN OF MARANA Attn: Community Development Director 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 With a copy to: TOWN OF MARANA Attn: Town Attorney 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to the MWHC, to: MARANA WESTERN HERITAGE COMMITTEE Attn: President P.O. Box 633 Marana, AZ 85653 17. Entire agreement. This MOU constitutes the entire agreement and understanding of the Parties pertaining to the subject matter of the MOU and supersedes all offers, negotiations, and other agreements of any kind. All prior and contemporaneous agreements, representations and understandings of the Parties, oral or written, are superseded and merged in this MOU. 18. Authority to execute agreement. The individuals executing this MOU hereby represent that they have full right, power, and authority to execute this MOU on behalf of their respective Parties. 19. Force majeure. Notwithstanding any other term, condition or provision of this MOU to the contrary, if any Party to this MOU is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such Party, the time period provided herein for the performance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events. 20. Conflict of interest. This MOU is subject to the provisions of A.R.S. § 38 -511, which provides for termination in certain instances involving conflicts of interest. 21. Governing law. This MOU shall be construed in accordance with the laws of the State of Arizona. Regulibgomit March 20, 2012 - Page 41 of 69 - 4 - 22. Termination. Either Party may terminate its participation in this MOU for material breach of the Agreement by the other Party. Prior to any termination under this paragraph, the Party allegedly in default shall be given written notice by the other Party of the nature of the alleged default. The Party said to be in default shall have 45 days to cure the default. If the default is not cured within that time, the other Party may terminate this Agreement. Any such termination shall not relieve either Party from liabilities or costs already incurred under this Agreement. 23. Miscellaneous. a. This MOU may not be modified except in a writing signed by both of the Parties. b. The captions and section numbers appearing in this MOU are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this MOU. c. This MOU may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. d. Time is of the essence of this MOU. e. If either of the Parties fails to perform any of its obligations under this MOU or if a dispute arises concerning the meaning or interpretation of any provision of this MOU, the defaulting Party or the Party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other Party in enforcing or establishing its rights under this MOU, including, without limitation, court costs and reasonable attorneys' fees. f. This MOU shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this MOU shall in any way relieve the assignor of its obligations under this MOU. [SIGNATURE PAGE FOLLOWS] Regulib&meAlleieogr March 20, 2012 - Page 42 of 69 - 5 - IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the last date set forth below their respective signatures. The "Town ": "MWHC": TOWN OF MARANA, an Arizona TOWN OF MARANA WESTERN HERITAGE municipal corporation COMMrrl'EE, INC., an Arizona non - profit corporation By: By: Ed Honea, Mayor Dan Post, President Date: Date: ATTEST: Town Clerk Date APPROVED AS TO FORM: Town Attorney Reguli6 1.1 ip }- March 20, 2012 - Page 43 of 69 - 6 - Exhibit A The "Arena" is defined as follows: 1. Arena panels, gates, chutes, etc. originally purchased and assembled by the Town of Marana on the Property, including: Description Quantity Alley Frame 1 Alley Stop 2 Corral Gate 8' 7 rail w /chain 2 Corral Gate 12' w /chain 5 Corral Gate 12' 7 rail w /chain 2 Curved Panel 8' 2 Free Swing Bow Gate 10' 1 Free Swing Gate 10'x9' 10 Free Swing Bow Gate 12'x9' 2 Heavy Duty Panel 10' 7 rail 3 Heavy Duty Panel 12' 7 rail 62 Heavy Duty Panel 16' 7 rail 1 Panel 8' 3 Panel 10' 16 Panel 12' 50 Panel 14' 3 Panel 16' 2 Panel w /Alley Frame 10' 1 Radius Bar 1 Roping Chute Model 98 1 Stripping Chute Entry Frame 1 Stripping Chute Release Gate 1 Free Swing Bow Gate 10' x 9' 7 rail 1 Free Swing Bow Gate 10'x9' 7rail 2 Walk Through Gate 12' Trail 1 Heavy Duty Panel 12' 7 rail 2 2. Announcer's booth constructed on the Property 3. Bleachers located on the Property as of date of execution of the MOU 4. Brick structure around portable toilets constructed on the Property 5. Lights and light poles constructed and located on the Property Regular Council Meeting - March 20, 2012 - Page 44 of 69 ■110AA■If f 41141101 4- 0 0 -, t C N I i c �� m m Ts _ a co • 111 11 1111 2 N 3 a cn fp co 13 v c m li @ ., _I in � m d � � ❑ ❑ ' '. ' . ' 4111/1r/Arit ,, :." , , / A.WIIIIIIIIII All.11111WAriffir : : ,y: . :, . ' A ': ' a nlso r • Y a; Y`' r. c a -. ci NI f p/ V d i . 0 a. u ` r J V a . x�< / ' r- d ! ! � r, t° Q cal m r E ' ' 1* / ''' " r a1 X y o. f ' O __ ._ • f , ' f = a z i. Cr, { , tea, ,i',, ....1" / „ 1t N ��5 co a. �..,. ' . ' a o f c y Peg a j % s a�-o -j L y.,u O • � f M f - F ._ W / .: +' .' . l .LC ..: - ' s `, [ Y 0 �1i � ` O A Q ll �. v C C F N� CO i LL 0.14. 7 � N W O V C O a N blril12�-LL * , . x :-.cy ' 1- CE o`g 2 3 � 'V.1 tlt " ` N W L IIA E. 4L ..a A , EE E° C o t.-r •11 : y - r 0 v E cir ; ° `o 1¢" ,�, N a v r z , I - _ ' e'= cmc ,, as n *e h o * ? ; a 3 4 . 3 o n.oc • a x "t • i t E` ''' - ' ' i ' de.5 - - - E c s o 0 zo H9 List the events conducted in the Arena pursuant to paragraphs 9 and 10 of the MOU. Event Title est i n i r ,%„ 4.. Hkeikv ‘s MARANA REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 6, 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called meeting to order at 6:59 p.m. Town Clerk Bronson called roll. Vice Mayor Comerford and Council Members Bowen and Ziegler excused.y..Th g ere was a quorum present. PLEDGE OF Al LEGIANCE /II OCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA 44p/ion to approve by Council Member Post. Second by Council Member McG ray. M40n passed unanimously 4 -0. CALL TO THE PUBLIC. There were no speaker cards presented. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray reported on the Wild Burro Trailhead grand opening on February 10. She gave a carabiner as a memento to each of the Council Members. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson reported on web traffic flow during and after the WGA Match Play tournament, showing that the golf tournament brings a lot of attention to the Marana community from all over the world. Today the Mayor and Council Member McGorray and several staff members attended the launch of the new Marana Aerospace Solutions, which is taking over at Pinal Air Park. The chairman of the board of the new company publicly stated her interest to work closely with the Town. He noted that it was a good day for Marana from an economic standpoint. Regular Council Meeting - March 20, 2012 - page ls4fre d 1b0, 2012 Council Meeting Minutes 1 PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member Kai, second by Council Member McGorray. Passed unanimousl 4 - 0. C 1: Resolution No. 2012 -13: Relating to Real Estate; approving and authorizing the Mayor to execute a license agreement for electric vehicle charging stations C 2: Resolution No. 2012 -14: Relating to Intergovernmental Relations; endorsing the proposed Camino de Mariana Annexation to the Mountain Vista Fire District C 3: Minutes of the February 21st regular meeting and the February 28th special meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION • A 1: Resolution No. 2012 -15: Relating to Strategic Planning; approving the final version of the updated Strategic Plan. "fit item was introducedby Gilbert Davidson, who noted that the previous Strategic Plan received many accolades. Nearly 20 different presentatiof the update, including online surveys, were made prior to bringing this forward t Council Deputy Town Mana ger Del Post then gave a presentation on the key stratetc. focus areas. I Ie also noted the new elements of success indicators, a numbering system for ease of locating a particular initiative and an index. Council acknowledged the long hours staff has put into making this document concisand focused. Motion to approve by Coun Member McGorray, second byCouncil Member Post. Passed unanimously 4-ll ITEMS FOR DIS LISSION/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. Del Po gave an update to Council on two„ :c urrent billf interest. The first is HB 2826, consolidating all elections to the fall of evumbere years. The town, along with other cities and towns, fire districts and school board', has registered its opposition to this legislation. The other bill of interest is HB 2416. Meant to address a difficult situation relating to the Painted Hills subdivision on the west side of Tucson. This bill requires that a municipal water provider must grant service outside of their jurisdiction in some limited situations. The bill has some concern for the town because of some key annexations we want to make. So staff is watching the bill with some concern. He will provide updates as he receives them. EXECUTIVE SESSIONS. Motion to go into executive session on Ite E 2 and E 3 b y Council Member Post, second by Council Member McGorray. Passed unanimously 4- 0. Regular Council Meeting - March 20, 2012 - PageM 6l ' 2012 Council Meeting Minutes 2 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 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. 020116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 3: Executive session pursuant to A.R.S. § 38-431.03(4)0) to consult with and instruct the Town Manager and the Town Attorney concerning a, sible water rights acquisition and exchange agreement. Mr. Cassidy noted that the executive session was on Item E 3 and staff is asking for authorization to proceed as discussed in executive session. Motion to proceed as directed by Council Member Post, second by Council Member,McGorray. Passed unanimously 4 -0. FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn at 7:43 p .,by Council Member Post, second by Council Member McGorray. Passed unanimously 44 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March , 2012. I further certify that a quorum was present. Joce1tt.Bronson, Town Clerk Regular Council Meeting - March 20, 2012 - Pag OT 6�� 2012 Council Meeting Minutes 3 MARANA mow wokromi STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 13, 2012, at or after 6:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Metter Herb Kai, Council Member Carol McGorray, Coufteil Member Jon Post, Council Member Roxanne Ziegler, Council Member STUDY SESSION CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:03 p.m. Town Clerk Bronson called roll. Al C uncil Members were present, and there was a quorum. ). , PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL O AGENDA.- :Motion - a the agenda by Council Member Bowen, second by Vice Mayor Comerford. Passed "unanimously. DISCUSSION/DIRECTION/POSSIBLE ACTION These two Item were taken oncurrently. 1: Presentation: Relating to Budget; an update of the Town's financial status of the General Fund for the seven months of the 2011 -2012 fiscal year. Mr. Davidson opened with an overview of the presentation. Mr. Montague began with an update of revenues collected over the past seven months and the preliminary outlook for FY 2013. This portion of the presentation concluded with Mr. Davidson discussing recovery planning and resource allocation. 2: Presentation: Relating to Personnel; discussion regarding employee health insurance benefits for fiscal year 2013. Che Yi, consultant for Gallagher Benefit Services, gave a brief presentation starting with the benefit plan experience for 2011 -12. Based on this experience, to leave benefits as they are will cost an additional $736,200 next fiscal year. A second option was presented leaving benefits as they are but changing the contribution Regular Council Meeting - March 20, 2012 - Pag 069' 2012 Council Meeting Minutes 1 amounts of the employer and the employee. The cost for this option is approximately $509,000. A third option is to modify the plan benefits and revise the employer /employee contributions. The cost for this option is approximately $376,000. After discussion between Council and staff, the Council recommendation to staff was to give additional consideration to option #3 and proceed with employee outreach, and also to explain how the Council arrived at their conclusions. 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. Motion to go into execut sess regarding the Tortolita Preserve Lease by Council Member McGorray, second by Council MemPost. Passed unanimously. 1: Executive Session pursuant to A.R.S. § 38- 431.03(A)(3 }, (4), tin4t (7) for discussion and consultation with the Town's attorneys for legal advice and to consider the Town's position and instruct its representatives regarding pending' negotiations ith the Arizona State Land Department concerning the Tortolita Preserve Lease. Motionihroutside counsel to proceed as generally discussed in execut sess by Council Member Post, second by Vice Mayor Comerford Passed Imaajawastlt ADJOURNMENT. Motion to adjourn by Council Member „Post, second by Council Member McGorray. Passed unanimously at 8;13 p.m. CERTIFICATION I hereby certify that the foregoing are the trig and corre44ninutes correct of the Marana Town Council meeting held on Marsh 13, 2012. I further cert that a quorum was present. Jocelyn C. Bron5o, Town a, Regular Council Meeting - March 20, 2012 - Pag48' 2012 Council Meeting Minutes 2 A V4341**0 10014104* 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, March 20, 2012, 7:00 PM To: Mayor and Council Item B 1 From: Jocelyn Bronson, Town Clerk Strategic Plan Focus Area: Community Building Subject: Resolution No. 2012 -20: Relating to Boards, Commissions and Committees; accepting recommendations to Council for appointments; making appointments to the Marana Planning Commission and the Marana Board of Adjustment Discussion: On March 14 and 16, 2012, the Council Subcommittee met to consider applications for two vacancies on the Marana Planning Commission, and three vacancies and one request for re- appointment on the Marana Board of Adjustment. Proper notice of the meetings and interviews were given to each applicant, and interviews were conducted in executive session. Chair of the Subcommittee, Council Member McGorray, will present the Subcommittee's recommendations to the full Council at tonight's meeting. ATTACHMENTS: Name: Description: Type: ❑ Board appointments 2012 - 1.DOC Resolution 1 Resolution ❑ Board appointments 2012 - 2.DOC Resolution 2 Resolution Staff Recommendation: Suggested Motion: OPTION 1: I move to adopt Resolution No. 2012 -20, appointing and to the Marana Planning Commission, with terms expiring , and , and to the Marana Board of Adjustment, with terms expiring OPTION 2: I move to adopt Resolution No. 2012 -20, appointing , and to the Marana Planning Commission with terms expiring ; and , and to the Marana Board of Adjustment, with terms expiring ; and re- appointing to the Marana Board of Adjustment, with a term expiring Regular Council Meeting - March 20, 2012 - Page 52 of 69 MARANA RESOLUTION NO. 2012-20 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; ACCEPTING RECOMMENDATIONS TO COUNCIL FOR APPOINTMENTS; MAKING APPOINTMENTS TO THE MARANA PLANNING COMMISSION AND THE MARANA BOARD OF ADJUSTMENT WHEREAS Marana Town Code Section 2 -6 -2 establishes the procedure for Mayor and Council appointments to boards, commissions and committees; and WHEREAS the Mayor and Council desire to fill existing vacancies and find that the appointments addressed by this resolution are in the best interest of the town and its citizens; and WHEREAS the Council Subcommittee for Commission and Board Appointments has reviewed applications for the Planning Commission and the Board of Adjustment and has made their recommendations to the full Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. and are appointed to the Marana Planning Commission with terms expiring SECTION 2. and are appointed to the Marana Board of Adjustment with terms expiring SECTION 3. is re- appointed to the Marana Board of Adjustment with a term expiring PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of March, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - March 20, 2012 - Page 53 of 69 MARANA RESOLUTION NO. 2012-20 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; ACCEPTING RECOMMENDATIONS TO COUNCIL FOR APPOINTMENTS; MAKING APPOINTMENTS TO THE MARANA PLANNING COMMISSION AND THE MARANA BOARD OF ADJUSTMENT WHEREAS Marana Town Code Section 2 -6 -2 establishes the procedure for Mayor and Council appointments to boards, commissions and committees; and WHEREAS the Mayor and Council desire to fill existing vacancies and find that the appointments addressed by this resolution are in the best interest of the town and its citizens; and WHEREAS the Council Subcommittee for Commission and Board Appointments has reviewed applications for the Planning Commission and the Board of Adjustment and has made their recommendations to the full Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. and are appointed to the Marana Planning Commission with terms expiring SECTION 2. , and are appointed to the Marana Board of Adjustment with terms expiring PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of March, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - March 20, 2012 - Page 54 of 69 MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, March 20, 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 Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: ❑ 2012 Legislative Bulletin # 8.pdff 2012 Legislative Bulletin # 8 Backup Material ❑ 2012 Legislative Bulletin # 9.pdf 2012 Legislative Bulletin # 9 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 - March 20, 2012 - Page 55 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 7 Ar o • • ANDT t e s ow Legislative Bulleti — ISSUE 8 - March 2, 2012 Legislative Update Today is the 54th day of the second regular session of Arizona's 50th Legislature. While there was little apparent progress on the state budget (the subject of significant differences between the Governor and the Legislature) during the past week, the pace of legislative activity was torrid on the House and Senate floors. The House worked furiously to complete floor consideration of bills that originated in that chamber; likewise with the Senate. Reflecting House leadership's concentrated effort to clear bills, a rare Friday session was held today, March 2. As bills pass one chamber, they are transmitted to the other for consideration. The deadline for committee hearings on bills that have passed the opposite house is Friday, March 16. Regulatory Tax Credits On Thursday, March 1, the House of Representatives gave its approval to an amended version of HB 2815 (employment; incentives; regulatory tax credit) by a vote of 39 -18. There was extensive debate on the bill, primarily focused on its "regulatory tax credit" section, which now allows a business entity (not an individual) to claim a tax credit for a regulation that it contends costs more than the benefit. The tax credit section applies to cities and towns as well as the state government, counties and special taxing districts. The League strongly opposes the regulatory tax credit section of the bill as a complex and unnecessary intrusion into local government matters. The bill's sponsor, Rep. J.D. Mesnard (R- Chandler), proposed an extensive floor amendment that substantially changed many of the original provisions of the regulatory tax credit section. The tax credit itself is still in place, however, and claims for a tax credit would still go to a state agency, the Governor's Regulatory Review Council (GRRC), for adjudication. Ironically, if GRRC finds the claim has some validity, it is returned to the city or town where it originated for the council to take action. If the city or town council rejects the claim, it dies. The League contends that this convoluted system, which empowers a state agency to rule on matters under local jurisdiction, is completely inappropriate, if not unconstitutional. Furthermore, the city or town that has the regulation in place could take action on its own to amend, repeal or sustain it, if requested by a local resident or business without the involvement of a state agency. The League will continue to oppose the bill as it moves to the Senate. Consolidated Elections HB 2826 (consolidated election dates; political subdivisions) passed by a narrow vote of 31 -24 in the House on Regular Council Meeting - March 20, 2012 - Page 56 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 7 Thursday, March 1. The legislation requires all cities and towns to conduct their primary and general elections on fall election dates (August and November) in even - numbered years. The League is strongly opposed to the bill as an unwarranted infringement on a fundamental matter of local control. Furthermore, enactment of the bill would result in a host of negative impacts on: all -mail ballot elections; ballot size and length; special elections; and the cost, conduct and management of elections. The League will continue to actively oppose the bill as it moves to the Senate. Highway User Revenue Fund On Thursday, March 1, House Transportation Chairman Vic Williams (R- Tucson) held an informational hearing on HB 2771 (HURF monies; accounting; appropriation). The bill creates a ledger to account for past diversions of HURF money and includes a current year $20 million appropriation to cities, towns and counties. It also prescribes a payback system for the delivery of previously diverted monies when the Legislature deems there are sufficient funds to do so. Mayor Tom Schoaf of Litchfield Park testified on behalf of the League, detailing the importance of HURF dollars to municipalities and challenging the description of the transfer of money to the state general fund as a 'sweep." It should be labeled a "re- allocation" of local funds, he told the committee. Mayor John Salem of Kingman also attended. The League is hopeful that its HURF- related concerns are addressed in the context of this year's budget negotiations. Regulatory Reform On Thursday, March 1, SB 1505 (s /e: municipal governments; rulemaking) passed out of the Senate Committee of the Whole. The strike - everything amendment was further amended to reorganize the bill and make additional changes. In its final form, SB 1505 would impose upon municipalities a regulatory process similar to that of the Administrative Procedures Act, which is utilized by the Federal Government for rulemaking. The League opposes the measure due to its complexity and onerous bureaucratic requirements. The measure now moves to third read. Department of Water Resources Funding On Friday, March 2, the House Committee of the Whole passed HB 2493 (department of water resources; funding). The legislation, sponsored by Rep. Russ Jones (R -Yuma) establishes a joint legislative study committee to determine alternative funding mechanisms for the Arizona Department of Water Resources (ADWR). Furthermore, it repeals the statutory authority of ADWR to impose an assessment on municipalities in two years. The specific charge of the committee established by the bill is to, "study and consider user fees, formulas for renewal fees, formulas for user fees and governance models in determining an ongoing funding source for the department of water resources." During consideration of the measure on the House floor, an amendment was adopted to accelerate the deadline for issuance of a statutorily required report by one year, to June 30, 2012. The League is neutral on the bill, preferring the approach of SB 1288 (municipal water fees; repeal; appropriation). That legislation repeals the ADWR assessment authority immediately upon the bill's effective date and provides for funding of the agency through the State's general fund. The bill, sponsored by Senator Gail Griffin (R- Hereford), passed the Senate on third read by a vote of 30 -0 on February 16. It has been assigned to the Committee on Agriculture and Water and the Committee on Appropriations in the House. Alarm Systems This past week, both SB 1306 (alarm system installation; contractors; municipalities) and HB 2748 (cities; alarm licenses; reciprocity) passed the Committee of the Whole in their respective bodies of origin. SB 1306 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. The heart of HB 2748 is a reciprocity provision that entitles a person already licensed as an alarm installer in one Arizona municipality to obtain an alarm installation license from another if the person complies with certain requirements. Regular Council Meeting - March 20, 2012 - Page 57 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 7 The League is participating in stakeholder meetings on issues addressed in both bills. It appears that the product of these meetings will be an agreement on a statewide licensing process similar to that contemplated by last year's SB 1277 (alarm business; alarm agents), and the removal of penalties involving state shared revenue. Language to memorialize such an agreement is under development. Online Sales Tax Collection HB 2466 (payment; local sales tax) passed by a vote of 56 -0 in the House on the third read of the bill. The measure requires cities and towns that collect their own sales taxes to provide an electronic "portal" for the remittance of taxes online. The procurement of a vendor to provide this service will be managed by the Department of Administration. The League supports the initiative of a "one -stop' shop for businesses (especially those that conduct business in multiple jurisdictions), permitting them to pay taxes to all of the self- collecting cities using one electronic form. The League is working with a variety of vendors in preparation for the bill's prospective implementation. Water and Wastewater Delivery HB 2416 (water and wastewater; denial prohibited) passed the House Committee of the Whole on Wednesday, February 29, but failed on its third reading the next day by a vote of 28- 30. As amended, the bill requires municipalities in Pima County to provide water service to areas outside of their corporate boundaries. Following the bill's defeat on the floor, the legislation's sponsor, Rep. David Stevens (R- Sierra Vista), made a successful motion to have the bill reconsidered for a new vote on March 7. The League strongly opposes the bill as a severe threat to local autonomy, and also because of its lack of protections for current customers and assured water supplies. Business Incentives On Thursday, March 1, the Senate passed SB 1442 (prime contracting; manufacturing facilities; infrastructure) by a vote of 28 -2. The measure allows municipalities and counties to recapture state transaction privilege taxes paid by qualified manufacturing facilities for public infrastructure necessary for those facilities. The League supports the measure as a toot for attracting manufacturing jobs to Arizona. The bill was amended in Committee of the Whole to further reduce the threshold for qualifying facilities in rural counties from $20 million to $10 million. State Retirement Contributions On Thursday, March 1, HB 2264 (ASRS; employee; employer contributions; rate) was discussed in Caucus. The bill, sponsored by Rep. Bob Robson (R- Chandler), provides for a 50/50 split between employers and employees with respect to contributions to the Arizona State Retirement System (ASRS). The measure effectively repeals the portion of last year's SB 1614 that moved ASRS to a 47/53 split between employers and employees, respectively. Pension Reform HB 2745 (defined contribution retirement systems) was passed by the House Rules Committee on Tuesday, February 28. The bill, including a strike - everything amendment adopted in the House Employment and Regulatory Affairs Committee, makes a change to the Alternate Contribution Rate (ACR) requirements of the Public Safety Personnel Retirement System (PSPRS). The change would preclude employers from paying the PSPRS ACR on a PSPRS - eligible position if the retired person was hired before the effective date of last year's pension reform bill, SB 1609 (retirement systems; plans; plan design), and the individual is enrolled in another state retirement system. This change will result in cost savings for some of Arizona's small cities and towns. Regular Council Meeting - March 20, 2012 - Page 58 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 7 Liquor HB 2606 (s /e: liquor omnibus) passed the House by a vote of 47 -9 on Thursday, March 1. The bill's sponsor, Rep. J.D. Mesnard, agreed to entertain amendments to address League concerns. One such successful amendment, offered by Rep. Debbie McCune Davis (D- Phoenix), permits the State Liquor Board to consider municipal tax delinquencies in liquor license suspension and revocation proceedings. The amendment further permits a city or town to use the average of the last five years of the Consumer Price Index for fee increases (as opposed to just the previous year's CPI). Rep. Mesnard has also agreed to work with the League on other outstanding concerns as the bill is considered in the Senate. Emergency Response On Tuesday, February 28, the House passed HB 2094 (prepaid wireless E911 excise tax) by a vote of 55 -0. The bill, sponsored by Rep. Bob Robson (R- Chandler), levies a tax of .8 percent 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 League supports HB 2094, as it will improve Arizona's aging 9 -1 -1 system. The legislation now proceeds to the Senate. Firearms HB 2729 (state regulation of firearms), opposed by the League, requires governmental entities to allow guns into public establishments, unless armed personnel and metal detection equipment are installed at their entrances. The measure, sponsored by Rep. David Gowan (R- Sierra Vista), applies to the state and all political subdivisions and preempts municipalities from having any firearms ordinance stricter than state law. On Friday, March 2, the bill passed the House Committee of the Whole by voice vote. Another bill opposed by the League, SB 1448 (misconduct involving weapons; public property), 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. The bill, sponsored by Senator Steve Smith (R- Maricopa), passed the Senate by a vote of 18 -12 on Wednesday, February 29 and proceeds to the House for further consideration. Fireworks SB 1364 (consumer fireworks; permitted regulation), sponsored by Senate Majority Leader Andy Biggs (R- Gilbert), passed the Senate by a vote of 24 -6 on Thursday, March 1. The legislation includes provisions to: prevent municipalities from adopting an ordinance with a penalty greater than a petty offense for a person using certain consumer fireworks; permit the imposition of fees on fireworks sellers; address certain signage issues; and restrict the sale and use of consumer fireworks in Coconino and Yavapai Counties. Comparable legislation, HB 2361 (s/e: regulations; consumer fireworks), has been moving through the House. Sponsored by Rep. Karen Fann (R- Prescott), the bill was retained on the House Committee of the Whole calendar on Friday, March 2. Public Works Notification HB 2350 (s /e: public works project; notice) passed out of the House Committee of the Whole on Friday, March 2. The strike - everything amendment was amended to incorporate an agreement between the League and proponents of the measure. As amended, HB 2350 requires municipalities to post their capital improvement plans (CIP) on their websites. Additionally, a utility may request that it receive copies of the CIP, along with information on any new public works projects that would have appeared in the CIP or projects in the CIP that have an accelerated start Regular Council Meeting - March 20, 2012 - Page 59 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 7 date. With the amendment, the League is neutral on the bill and would like to thank the proponents for their willingness to address our concerns. Photo Radar SCR 1029 (photo radar prohibition), sponsored by Senator Frank Antenori (R- Tucson), passed the Senate Committee of the Whole on Thursday, March 1, and wilt be third read on Monday, March 5. This measure, which would be referred to the state's voters if passed by the House and Senate, eliminates photo radar use for all law enforcement purposes, including recordation of red light and school zone infractions. The League opposes the bill on the basis that enforcement of local traffic laws is a matter best left to municipal government. Legislator Profile - Representative Bob Robson "Do not let loyalty and faithfulness forsake you bind them around your neck, write them on the tablet of your heart." Proverbs 3:3. Representative Bob Robson is nothing if not loyal. Indeed, loyalty is a fundamental propellant of his brilliant journey through life. His decisions and actions are largely guided by deep and abiding loyalty to family, to friends, and to country. It is a feature in his character that has served him well - as a kid learning the ropes of life in New York City; as a respected security professional; as a successful academic, and, currently, as a popular elected official. Robson is living proof of the proposition that you can take the kid out of New York, but you'll never take New York out of the kid. Born in Brooklyn and raised in Queens, Robson is proud of his gritty urban upbringing. A product of the New York public school system, he easily and quickly rattles off the city schools of his youth: "P.S. 89; P.S. 150; Woodside Junior High; Long Island City High School, in an industrial area near the 59th Street Bridge." Though he was a conscientious and successful student, Robson was educated as much on the streets of New York as he was in the classroom. He fondly remembers his youth as a streetwise youngster spending hours with his pats playing softball on concrete. ( "The bruises didn't hurt as much [as those caused by baseballs], but they were a lot bigger. ") Robson was born into a family of public safety professionals, including: a grandfather who worked for the NYPD for 40 years; a stepfather who was in the Secret Service and served on two presidential security details; and various cousins, uncles and in -laws who dedicated their lives to police work and security. Consequently, Robson inherited both a strong sense of justice and a passionate interest in criminal issues. Accordingly, he earned a Bachelor of Science Degree and a Master of Arts Degree in Criminal Justice from John Jay College in New York. Putting his academic knowledge to practical use, Robson worked in a variety of security jobs in New York and elsewhere. Among other things, he provided private security to the infamous billionaire and hotel magnate, Leona Helmsley, popularly known as the "Queen of Mean." Although Robson has enough inside dope about Helmsley to publish a series of tell -all books, the disclosure of secrets is not his style. Instead, he exhibits tight- lipped loyalty to his former client and declines to dish - even though Helmsley died in 2007 (leaving $12 million to her dog, 'Trouble "). "Patriotism is just loyalty to friends, people, families." Robert Santos. By and by, Robson's aging parents relocated to Arizona due to critical health issues. It was then that Robson chose to become an Arizonan too. The decision was easy. "You only have one family," he (loyally) observes. Regular Council Meeting - March 20, 2012 - Page 60 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 6 of 7 Ominously, Robson executed his move to Arizona on Friday, April 13, 1980. Lacking connections in his new home state, he had to start all over and reinvented himself as an insurance agent. "I went from one CPL to another," he recalls. "I was in criminal procedure law and moved to comprehensive personal liability." One thing that Robson did bring with him to Arizona was his lifelong love of politics. As a youth of 13, he worked on Richard Nixon's first winning presidential campaign, and he re -upped at age 17 for the re- election effort. Consequently, he was invited to both of Nixon's inaugurations. He also got to know members of Nixon's palace guard, including Herb Klein and Ron Ziegler (who, at 29, became the youngest White House press secretary in history). As a teenager, Robson also worked for Nelson Rockefeller, the longtime governor of New York who later served as Vice President under Gerald Ford. Immediately upon his arrival in Arizona, Robson got involved in his new community and jumped headlong into civic affairs. A member of Kiwanis since the age of nineteen, he joined a local chapter of the international service organization. He also volunteered for the Salvation Army (and served as its chairman for five years), helped found the Chandler Boys and Girls Club, chaired the Chandler Charter Review Committee, and later received an appointment to serve on the Planning and Zoning Commission of the City of Chandler. He was elected to the city council in 1992, where his peers selected him to serve as vice mayor. Robson served on the Chandler City Council for eight years, at a time when the city held the distinction of being the fastest growing community in the United States. He sunk his teeth deep into the job ( "council meetings would regularly last until two or three in the morning," he remembers) and helped tackle the complex challenges attendant to explosive municipal growth. The experience invested him with a perspective on cities and towns nearly unique among state legislators. As a former councilman, Robson is sometimes frustrated that his colleagues don't have a greater understanding of the role - or appreciation for the importance - of cities and towns. "I am truly perplexed that people [in the Legislature] don't have a better understanding of which services are rendered by cities and which are the responsibilities of the State," Robson observes. 'There needs to be more recognition of the authority of cities to do their jobs without our interference." "Loyalty is still the same, whether it win or lose the game; true as a dial to the sun, although it be not shined upon." Samuel Butler Robson returned to the Arizona House to represent Legislative District 20 after a two -year hiatus. His previous service of eight years in the House (six of which he spent in leadership positions) makes him one of the most experienced legislators at the Capitol. Indeed, he holds the Arizona record for length of service as Speaker Pro Tern, having served in that position under two different Speakers of the House. Robson's colleagues are happy he's back - largely because he has a record of introducing at least some creature comforts to an institution in which they are noticeably absent. He arranged for the installation of the second floor Coke machine and serves as a bottomless source of ice cream sandwiches for his fellow representatives. "I suggested to [former Speaker] Weiers that we get a soft -serve ice cream dispenser for the penthouse," he laughs. "Instead, I got a freezer in my office that I stock with frozen treats from Costco. The good will they buy is worth their weight in fructose." Representative Robson has a profile and a presence that is hard to miss at the Arizona Capitol. With his booming voice, towering frame, razor - sharp intellect, engaging manner, and signature Diet Coke, one gets the impression that he would be at ease with royalty and the downtrodden alike. Coupling a broad scope of interests with profound empathy, he has an uncanny ability to connect with people from all walks of life. Regular Council Meeting - March 20, 2012 - Page 61 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 7 of 7 The Honorable Boyd Dunn, former Chandler mayor and League president, worked shoulder -to- shoulder with Robson when the two served together on the Chandler City Council. Dunn continues to admire his former colleague for his intelligence, work ethic, affability and hearty appetite for life. Dunn recounts that the two traveled together to New York on city business: "I felt I was with the mayor of Gotham. Bob seemed to know everyone, from doormen to federal judges, as personal friends. And it was the same thing when we traveled to Washington, D.C. During a visit there, we had a private meeting with Sandra Day O'Connor, and Bob proceeded to have an intimate discussion with the Justice about John Jay, a founding father of the United States and the first chief justice of the U.S. Supreme Court." When Robson is not legislating, writing insurance policies, peddling ice cream, or educating Supreme Court justices, he is teaching a course at ASU to undergraduates on the topic of police accountability. "It's a course grounded in real -world experience," he says. "I'm not a professor who gets his knowledge from a textbook." Otherwise, he is spending time with his wife Dawna and helping raise his two sons. American author Napolean Hill, one of the great writers on personal success, once observed: "Lack of loyalty is one of the major causes of failure in every walk of life." If the obverse is true, then Representative Bob Robson should expect nothing less than a rich and fulfilling lifetime of success. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league @azleague.org. Regular Council Meeting - March 20, 2012 - Page 62 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 1 of 7 Ar ona c . t . 'port I S AND 1 n Legislative Bulletin — ISSUE 9 - March 9, 2012 Legislative Update Today is the 61st day of the second regular session of Arizona's 50th Legislature. As legislators headed toward the back nine of the session, the pace of activity on the House and Senate floors reached a fevered pitch. With a deadline of Friday, March 16, for committees (excluding Appropriations) to hear bills, legislators rushed measures to their opposite chambers in the hopes of ultimately getting them to the Governor for signature. As of today, the House of Representatives has passed 255 bills, memorials and resolutions. The comparable figure for the Arizona Senate is 265. During the past week, representatives of the legislative and executive branches engaged in negotiations on a budget for the coming year. Perhaps encouraged by this development, Senate President Steve Pierce (R- Prescott) reiterated his intention to adjourn the session within the 100-day deadline established by rule. On Monday, March 5, Martin Quezada was sworn in as the newest member of the House of Representatives. Appointed to fill the Legislative District 13 seat vacated by former Rep. Richard Miranda, the 34- year -old Quezada, an Arizona native, previously worked as a researcher for the Arizona Legislature. Liberty Charter On Monday, March 5, the Senate Rules Committee considered and rejected SB 1064 (municipalities; local liberty charter). The bill, authored by the Goldwater Institute, purports to authorize municipalities and "unincorporated areas of a county" to adopt the provisions of a "Liberty Charter," the detailed provisions of which are included in the bill. The model charter imposes restrictive limitations on municipal authority with respect to procurement, eminent domain, personnel management, impact fees, land use regulation and a host of other powers. The League opposes the bill on the basis of its procedural and constitutional infirmities. The Rules Committee, charged with the constitutionality and form of legislation, determined that the measure fails constitutional muster, effectively ending its journey through the legislative process this year. Photo Radar On Monday, March 5, the Senate considered and rejected SCR 1029 (photo radar prohibition) by a vote of 13 -15. The measure was brought to the Senate floor for reconsideration the next day, and failed a second time by a vote of 14- 15. The resolution, which would have been referred to the state's voters if passed by the House and Senate, eliminates Regular Council Meeting - March 20, 2012 - Page 63 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 7 photo radar use for all law enforcement purposes, including recordation of red light and school zone infractions. Following Tuesdays reconsideration vote, the sponsor of the bill, Senator Frank Antenori (R- Tucson), acknowledged that the measure is likely dead for the session. Consolidated Elections On Thursday, March 8, the League participated in a stakeholder meeting on HB 2826 (consolidated election dates; political subdivisions). The bill mandates that, with very narrow exceptions, all municipal elections must be held in the fall of even - numbered years. The bill passed the House by a slim margin on March 1. Other participants in the stakeholder meeting, convened by the bill's sponsor, Rep. Michelle Ugenti (R- Scottsdale), included county recorders and elections officials, as well as representatives of the Office of the Secretary of State. Participants confronted a number of salient issues, including: treatment and definition of special elections; the impact of the bill on all -mail elections; and timing and frequency of ballot propositions. The bill has been scheduled for consideration by the Senate Judiciary Committee on Monday, March 12. The League remains opposed to the bill, pending production of an amendment that satisfactorily addresses the collective concerns of cities and towns. Regulatory tax credits Following its passage by the House, HB 2815 (employment; incentives; regulatory tax credit) was dual - assigned in the Senate to both the Finance and Appropriations Committees. The bill, which contains provisions eliminating the state capital gains tax and authorizing job training initiatives, also establishes a state regulatory tax credit. The League strongly opposes this section of the bill. Supporters of the regulatory tax credit program contend that it will have the effect of simply highlighting local regulations that may be problematic for local businesses. The League, however, understands that complaints about regulations are regularly and properly handled at the local level by city and town officials. Furthermore, it is the League's position that a convoluted appeals process that involves a state agency, additional state employees and claims on shared revenue, is completely unnecessary and should be removed from the bill. The bill is scheduled to be heard by the Senate Finance Committee on Thursday, March 15. Administrative procedures On Tuesday, March 6, the Senate passed SB 1505 (s /e: municipal governments; rulemaking) by a vote of 17 -11. The bill would impose upon municipalities a regulatory process similar to that mandated by the Administrative Procedures Act, which is used by the Federal Government for rulemaking. The League opposes the measure due to its complexity and onerous bureaucratic requirements. The measure now proceeds to the House for further consideration. Data quality On Monday, March 5, the Senate failed to pass SB 1470 (rules; data quality) by a vote of 14 -14. The bill was subsequently reconsidered by the Senate on March 8 and passed by a vote of 18 -10. The measure imposes upon municipalities onerous bureaucratic standards for the development and dissemination of data pertaining to licensing decisions. The League is opposed to the measure, which now moves to the House. Water and wastewater On Thursday, March 1, HB 2416 (water and wastewater; denial prohibited) failed in the House by a vote of 28 -20. On Wednesday, March 7, however, it passed on reconsideration by a vote of 32 -26. This bill mandates that cities and Regular Council Meeting - March 20, 2012 - Page 64 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 7 towns in Pima County provide water service to areas outside of their corporate boundaries. The bill is now scheduled for a hearing before the Senate Committee on Water, Land Use and Rural Development on Wednesday, March 14. The League strongly opposes the bill because it threatens local autonomy and lacks protections for current customers and assured water supplies. Firearms On Tuesday, March 6, the Senate passed SB 1304 (firearms regulation; political subdivisions) by a vote of 18 -11. The bill repeals statutory language permitting a political subdivision to adopt an ordinance or rule restricting the discharge of firearms within one - fourth of a mile of an occupied structure. The Senate adopted an amendment offered by the bill's sponsor, Senator Frank Antenori (R- Tucson), to incorporate Megan's Law, establishing parameters for criminal negligence for the use of a firearm within a municipality. The bill, opposed by the League for reasons of public safety and local control, has been transmitted to the House for possible further consideration. Also on Tuesday, March 6, the House passed HB 2729 (state regulation of firearms) by a vote of 37 -21. The bill, opposed by the League, requires governmental entities to allow guns into public establishments, unless armed personnel and metal detection equipment are installed at their entrances. The measure, sponsored by Rep. David Gowan (R- Sierra Vista), applies to the state and all political subdivisions and preempts municipalities from having any firearms ordinance stricter than state taw. It has been scheduled for consideration by the Senate Judiciary Committee on Monday, March 12. Homeowners' associations On Thursday, March 8, the House Judiciary Committee considered and defeated SB 1113 (homeowners' associations, public roadways.) by a vote of 2 -6. Sponsored by Senator Nancy Barto (R- Phoenix), the legislation 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 law enforcement and financial resources. Similar legislation, HB 2030 (homeowners' associations; public roadways), passed the House by a narrow margin on February 21. That bill, sponsored by Rep. John Kavanagh (R- Fountain Hills), is scheduled for hearing before the Senate Committee on Veterans, Military and Government Affairs on Tuesday, March 13. Independent Redistricting Commission SB 1489 (redistricting commission; counties; cities; districts) passed the Senate on March 6 by a vote of 18 -11. The legislation substantially expands the authority of the Independent Redistricting Committee (IRC) to determine political boundaries. Under the bill, the IRC would be empowered to draw district lines all political subdivisions in the state, including ward or district boundaries in cities. The League opposes this unwarranted expansion of IRC authority as a direct assault on a fundamental matter of local concern. Consumer fireworks On Tuesday, March 6, the House passed HB 2361 (s /e: regulations; consumer fireworks) by a vote of 46 -14. Among other things, the legislation: prevents municipalities from adopting ordinances with penalties greater than a petty offense for a person using certain consumer fireworks; permits the imposition of fees on fireworks sellers; addresses certain signage issues; and permits restrictions on the sale and use of consumer fireworks in Coconino and Yavapai Counties. Comparable legislation, SB 1364 (consumer fireworks; permitted regulation), passed the Senate on March 1. It has been assigned to the House Committee on Military Affairs and Public Safety for further consideration. Regular Council Meeting - March 20, 2012 - Page 65 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 7 Pension reform On Tuesday, March 6, the House unanimously passed HB 2745 (s /e: PSPRS; employer contributions). The bill changes the Alternate Contribution Rate (ACR) requirements of the Public Safety Personnel Retirement System (PSPRS). The change would preclude an employer from paying the PSPRS ACR on a PSPRS- eligible position if a person hired to fill that position: was hired before the effective date of last year's pension reform bill; previously retired from PSPRS; and is enrolled in another state retirement system. This change will result in cost savings for some of Arizona's small cities and towns. The League supports the bill, which proceeds to the Senate. The House passed HB 2264 (ASRS; employee; employer contributions; rate) by a unanimous 60 -0 vote on Monday, March 5. The bill, sponsored by Rep. Bob Robson (R- Chandler), provides for a 50/50 split between employers and employees with respect to contributions to the Arizona State Retirement System (ASRS). The measure effectively repeals the portion of last year's SB 1614 that moved ASRS to a 47/53 split between employers and employees, respectively. Council procedures The House passed HB 2570 (political subdivisions; proceedings; governing bodies) on Tuesday, March 6, by a vote of 39 -18. The effect of the bill was altered substantially by an amendment adopted by the Committee of the Whole. The amendment, offered by the bill's sponsor, Rep. Justin Olson (R- Mesa), provides that a municipal ordinance may not take effect until it has been posted in its final form for at least seven days. The bill also prescribes a process for the adoption of emergency ordinances and exempts certain other ordinances from the bill's enhanced notice requirements. The amendment was drafted with input from municipalities and represents great improvement over the original bill. The sponsor has agreed to continue to work with the League to fine -tune provisions of the bill. Liquor regulation On Wednesday, March 7, the Senate Committee on Commerce and Energy considered and passed HB 2606 (s /e: liquor omnibus) by a vote of 5 -1. The bill's sponsor, Rep. J.D. Mesnard (R- Chandler), previously agreed to an amendment, adopted by the House, which permits the State Liquor Board to consider municipal tax delinquencies in liquor license suspension and revocation proceedings. The amendment further permits a city or town to use the average of the last five years of the Consumer Price Index (CPI) for fee increases (as opposed to just the previous year's CPI). The bill now moves to the Senate Rules Committee for further consideration. Alarm system installation This past week, both SB 1306 (alarm system installation; contractors; municipalities) and HB 2748 (cities; alarm licenses; reciprocity) passed their respective houses of origin. SB 1306 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. The heart of HB 2748 is a reciprocity provision that entitles a person already licensed as an alarm installer in one Arizona municipality to obtain an alarm installation license from another if the individual complies with certain requirements. The bills' sponsors, Senator Frank Antenori (R- Tucson) and Rep. Amanda Reeve (R- Phoenix), respectively, have come to an agreement on replacement legislation that would provide for the establishment of a statewide system for criminal background checks of alarm installers. The League anticipates that one of the two bills will be amended to incorporate the agreement, and the other will become available as a vehicle for a different proposal. The League, a key stakeholder in negotiations, thanks the sponsors for their cooperation. Public works notification HB 2350 (s /e: cities; counties; regulations) passed the House on Monday, March 5, by a vote of 43 -17. The bill requires a municipality to post its capital improvement plan (CIP) on its website. Under the legislation, a utility may Regular Council Meeting - March 20, 2012 - Page 66 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 7 also request that it receive copies of the CIP, along with information on any new public works projects that would have appeared in the CIP or projects in the CIP that have an accelerated start date. With changes negotiated with utility proponents, the League is neutral on the bill, which now proceeds to the Senate. Department of Water Resources Funding On Monday, March 5, the House passed HB 2493 (department of water resources; funding) by a vote of 58 -0. The legislation, sponsored by Rep. Russ Jones (R- Yuma), establishes a joint legislative study committee to determine alternative funding mechanisms for the Arizona Department of Water Resources (ADWR). Furthermore, it repeals the statutory authority of ADWR to impose an assessment on municipalities in two years. The specific charge of the committee established by the bill is to, "study and consider user fees, formulas for renewal fees, formulas for user fees and governance models in determining an ongoing funding source for the department of water resources." During consideration of the measure in the Committee of the Whole, an amendment was adopted to accelerate the deadline for issuance of a statutorily required report by one year, to June 30, 2012. The League is neutral on the bill, preferring the approach of SB 1288 (municipal water fees; repeal; appropriation). That legislation repeals the ADWR assessment authority immediately upon the bill's effective date and provides for funding of the agency through the State's general fund. HB 2493 is scheduled for consideration by the Senate Committee on Water, Land Use and Rural Development on Wednesday, March 14. Conversely, SB 1288 will be heard by the House Committee on Agriculture and Water on Thursday, March 15. Law enforcement On Wednesday, March 7, the House Committee on Military Affairs and Public Safety passed SB 1212 (law enforcement officers; just cause) by a unanimous vote of 6 -0. Sponsored by Senator Andy Biggs (R- Gilbert), the bill mandates that the same "just cause process required for the termination of law enforcement officers be applied to demotions and suspensions lasting longer than 40 hours. The League opposes the measure because it limits the authority of municipalities to discipline problematic officers. The bill, which previously passed the Senate, proceeds to the House Appropriations Committee for further consideration. Business incentives On Wednesday, March 7, the House Committee on Commerce passed SB 1442 (prime contracting; manufacturing facilities; infrastructure) by a unanimous vote of 7 -0. The measure allows municipalities and counties to recapture state transaction privilege taxes paid by qualified manufacturing facilities for public infrastructure necessary for those facilities. The League supports the measure as a tool for attracting manufacturing jobs to Arizona. Legislator Profile - Representative Tom Forese Representative Tom Forese first saw his future wife, Casey, at a pizza joint in the tony suburb of Saratoga, California. She was in town training with the National Synchronized Swimming Team. They began dating, and Forese became determined to make her his bride. "I told her that she'd either have to marry me or get a restraining order," he recalls. She proceeded to break up with him - not once, but three times. Eventually, however, she relented. "I'm a persistent guy," he notes. Such persistence will serve Forese well in the Legislature, where he is serving his freshman term as a Representative of District 21. The East Valley district includes Regular Council Meeting - March 20, 2012 - Page 67 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 6 of 7 portions of Chandler, Mesa, Gilbert and Queen Creek. � As both a freshman and political neophyte, Forese acknowledges that he has much to learn. But whatever he might lack in experience, he more than makes up for in enthusiasm and energy. Blowing into a neighborhood bistro, he is flush with excitement. "I just found out that three high -tech businesses in my district are combining and going public!" he enthuses. His thrill is palpable. One almost feels he should be handing out cigars. The representative's spirited reaction to this news reflects not only his personal investment in the success of his constituents, but also his passion for economic development. His pro- business ardor is what led him to run for office. And he comes by his love of capitalism honestly, if not genetically. , Forese's paternal grandfather entered the United States a penniless immigrant from Italy. He took his powerful work ethic to Pennsylvania, where he toiled in the steel mills. By the time he died, he owned property, operated his own store and had put eight children through college. He was a paragon of the American Dream who instilled both a love of the United States and an entrepreneurial spirit in his children. They in turn faithfully passed these traits to the next generation, of which Forese is a proud member. Forese himself was born in Boston. His family moved around a bit, and he eventually landed in Cupertino, California, graduating from the same high school as the recently departed Stephen Jobs. Following high school, he entered college at BYU Idaho and undertook a life - changing LDS mission to the Philippines. The poverty, hunger and disease were overwhelming," he recalls, adding that the experience served to sensitize him to the plight of the neediest elements of society. Moving to Arizona to be close to his wife's family, Forese fully activated his entrepreneurial coding, founding businesses in high technology, public relations and marketing. Though he enjoyed success in his adopted state, he was troubled by what he perceived as a pervasive anti- business attitude. "My wife told me to stop complaining and do something about it," he remembers. So he took out petitions and announced his candidacy for the Legislature in 2010. He approached his first campaign for public office with zeal, tenacity and passion. His effort paid off, as he was the top vote - getter in both the primary and general elections. In the House, Forese serves on the Committees on Appropriations and Government. He chairs the Committee on Higher Education, Innovation and Reform. These assignments provide him with excellent platforms from which to pursue his pro- business and economic development agendas. Forese agrees that, in 2011, the Arizona Legislature pursued too many bills that sought to micromanage city operations. He also believes that legislators should ensure that the reforms they intend to impose on municipalities are first adopted at the state level. Moreover, he doesn't think that every local problem demands a state solution. "We don't need to legislate our way out of every problem we encounter," he opines. Forese has plenty to keep him busy when the Legislature is out of session. In addition to work, he is an active and involved father to his four children, who clock in at the ages of 10, 8, 6 and 2. Attendees of public school, they receive supplemental lessons at home during their school breaks. "It's chaotic and wild - kind of like a world bazaar," says Forese of his family's child -rich home environment. "It's also a lot of fun." Though he currently has little time to pursue adolescent dreams of rock - and -roll stardom, Forese has served as the lead guitarist and vocalist for Avenging Mars, a local band. Visit YouTube to check out the group's performance of original songs, including, "Space Needle," "Best Get Going," and "Stone Cold Killer." Regular Council Meeting - March 20, 2012 - Page 68 of 69 League of Arizona Cities and Towns - Legislative Bulletin Page 7 of 7 A strong believer in the concept of the citizen - legislator, Forese views politics not as a career but as an opportunity to contribute to the development of the state. At the same time, he acknowledges that he could be in the arena for awhile, noting, As long as I feet the drive and that I can make a difference, I'll have my hat in the ring." This pronouncement, coupled with the Representative's passion, work ethic and trademark persistence, could signal that Tom Forese will be a force in Arizona policy and politics for years to come. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to teague®azleague.org. Regular Council Meeting - March 20, 2012 - Page 69 of 69