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Home My WebLink About04/03/2012 Council Agenda PacketNIARA A 1 i ' AKA - MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 3, 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 � imes 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 - April 3, 2012 - Page 1 of 33 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, April 02, 2012, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF 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 Holly Orloff Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P l: Presentation: Relating to volunteerism; presentation from the Volunteers in Police Service (NIPS) on the number of volunteer hours served and the amount of savings to the Town. (Lori Sheppard) CONSENT AGENDA Regular Council Meeting - April 3, 2012 - Page 2 of 33 The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Minutes of the March 20, 2012 regular meeting and the March 27, 2012 study session. LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by The Southern Arizona Arts and Cultural Alliance for a fundraiser event to be held at Marana Health Center (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation /government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 110381; (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 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 - April 3, 2012 - Page 3 of 33 PROCLAMATION HOLLY ORLOFF WHEREAS on August 20, 2001, Holly Orloff began her employment with the Town as i1 first code compliance officer; and WHEREAS prior to her 11 years with Marana she was the fire inspector and code enforcement officer for the city of Colorado Springs, Colorado for 17 years and before that held the same position in Salt Lake City, Utah for 3 years; and WHEREAS Holly has been commuting to Marana from Casa Grande for much of her time with the Town, she is looking forward to traveling in new directions, literally and figuratively, to pursue her own business in estate sales and anything else that piques her interest; and WHEREAS a brick will be placed in the Courtyard of the Marana Municipal Complex to commemorate Holly's valuable service to the Town. NOW, THEREFORE, the Mayor and Council of the Town of Marana do hereby recognize and honor the service of Holly Orloff to the Town of Marana and the Marana organization and wish her a happy retirement and a new life of great adventure and prosperity. Dated this 3rd day of April, 2012. Mayor Ed Honea ATTEST: ocelyn C. Bronson, Town Clerk egular Council Meeting - April 3, 2012 - Page 4 of 33 JM 'qF 1 i MARANA rnmw flr m+wi-% r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, April 3, 2012, 7:00 PM To: Mayor and Council From: Lori Sheppard, YIPS Coordinator Strategic Plan Focus Area: Community Strategic Plan Focus Area - Additional Information: Item P 1 Within the Community focus area, Council has set forth an initiative to improve community engagement by expanding volunteer programs. Subject: Presentation: Relating to volunteerism; presentation from the Volunteers in Police Service (NIPS) on the number of volunteer hours served and the amount of savings to the Town. Discussion: The Volunteers in Police Service (YIPS) act as ambassadors for the police department. YIPS are trained to be eyes and ears in the community assisting with activities that are not of a criminal nature, including crowd control, seasonal community events, school events and special community projects. YIPS donate thousands of hours assisting the police department saving the taxpayers tens of thousands of dollars. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Regular Council Meeting - April 3, 2012 - Page 5 of 33 MARANA REGULAR COUNCIL MEETING MINUTES 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 Membe Herb Kai, Council Member Carol McGorray, Council Memb Jon Post, Council Member Roxanne Ziegler, Council Memb PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Executive Report was placed on the dais for the Council. Regular Council Meeting - April 3, 2012 - Page 6% qSh 20, 2012 Council Meeting Minutes 1 PRESENTATIONS CONSENT AGENDA. Motion to approve the amended Consent Agenda by Council Memher McGorray, second by Council Memher Bowen. Passed unanimously 6 -0. Regular Council Meeting - April 3, 2012 - Page 7% qSh 20, 2012 Council Meeting Minutes 2 Hochard for a term expiring February 2014. Motion to approve the recommendations by Council Member Post, second by Vice Mayor Comerford. Passed unanimously 6 -0. COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies. Del Post gave Council an update on the progress of various legislation. He noted that the legislation listed in red ink at the end of the report are dead and will not be moving forward during this legislative session. The items listed in black are continuing. Last Friday was the deadline to introduce legislation. 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. OF- 7 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 11ML do lk ommummo r FUTURE AGENDA ITEMS Jocelyn C. Bronson, Town Clerk Regular Council Meeting - April 3, 2012 - Page 8% qSh 20, 2012 Council Meeting Minutes 3 MARANA STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 27, 2012, at or after 6:00 PM Ed Honea, Ma Patti Comerford, Vic David Bowen, Counci Herb Kai, Council l Carol McGorray, Couni Jon Post, Council 1\ Roxanne Ziegler, Coun CALL STUDY SESSION 10, TO ORDER AND ROLL CALa or Honea called the meeting to order at � Y g Adw "'M� `1�� DISCUSSION /DIRECTION/POSSIBLE ACTION 1W I& or D 1: Presentation of the Tangerine Corridor Conceptual Plan Final Report by graduate students in the School of Landscape Architecture and Planning at the University of Arizona. Kevin Kish introduced this item as a project of both the UA and the Planning Department /Development. Beth Scott, Assistant Professor in the School of Landscape Architecture, Matt Stuart, Hillary Turby, and Aaron Liggett were introduced. Karilyn Roach was also part of the team but was unable to attend the meeting. Ms. Scott, on behalf of the team, expressed to Council their appreciation for the opportunity to work on this project to give the students a real life learning experience. She noted that this was primarily an exploratory exercise intended to give students exposure to what it would be like to work with Planning staff. The basic premise for the project was to look at the Tangerine corridor as a potential industrial development corridor using the major planning documents of the town. Matt Stuart introduced the project. He thanked Kevin Kish, Cynthia Ross and Steve Cheslak and the rest of the development services staff for their help and guidance with the project. The project began approximately 10 months Regular Council Meeting - April 3, 2012 - Page 9% qSh 27, 2012 Council Meeting Minutes 1 ago and covers six unique districts spacially located on about 4600 acres along Tangerine Road from Interstate 10 to the Dove Mountain intersection. The process was a five -step process which included research and data gathering, analysis of existing conditions, development of land use alternatives, analyzing best use practices case studies from jurisdictions across the country, which resulted in the conceptual plan of the six unique districts, a complimentary mix of uses and linkages between districts. The goals that were established were to attract, retain and foster business development and growth, create better connectivity between jobs and residents and provide a full spectrum of services, support education that fosters strong workforce development, establish a distinct character for the corridor, development infrastructure to support business location, expansion and retention, and preserve and enhance the natural environment within and adjacent to the Tangerine Corridor. Workshops with development services staff and members of the professional community led to the creation of three alternative development scenarios — attracting investment, meeting end -user needs and creating an achievable mix of economic growth. This process was supplemented by best practices and a variety of case studies. This led to the preferred conceptual plan. Hillary Turby and Aaron Liggett then explained in detail each of the six districts. The districts are Sports and Entertainment, which is close to a multimodal transportation hub connection to I -10, the railroad, local arterial roads, shared use paths and future transit lines serving the metropolitan area; Office /Lifestyle, an employment center focused on attracting a broad range of non - industrial corporate interests in close proximity to residential areas; Luxury /Retail with a moderate intensity mix of retail, office and entertainment; Hi- Tech /Educational creating a regional center for workforce development; Hi- Tech /Research and Development with a complementary mix of uses to support knowledge industries and product /technology development deployment; and Industrial /Research and Development supporting collaborative business opportunities and industry clusters. The presentation concluded with Matt Stuart discussing the guiding principles of the planning and design process and lessons learned from case study research. The six categories of best practices were land use mix and scale, development quality, incentives to attract and retain business, transportation options, social benefits and conservation and open space planning. The project recommendations were to obtain input from stakeholders and the general public, modeling to providing additional guidance in locating developments and their potential conflict, expansion of case study and best practices research, and analysis of successful, high - quality multimodal transportation networks. D 2: Resolution No. 2012 -21: Relating to Intergovernmental Relations; endorsing the proposed amended Camino de Mariana Annexation to the Mountain Vista Fire District. Mr. Cassidy presented this item noting that Northwest Fire had annexed part of this area which required Mountain Vista Fire District to modify their boundaries. Mountain Vista requested Council approval of the new boundary map. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 6 -0. Regular Council Meeting - April 3, 2012 - Page 1�I� S` 27 2012 Council Meeting Minutes 2 D 3: Relating to Land Development; Overview of proposed Marana Land Development Code comprehensive revision process. Mr. Cassidy presented this item noting that in 2006 staff began a process of developing a new format to insert the Land Development Code (LDC) into the Town Code. He had planned to show a complete mock -up of the entire document but encountered computer problems. He described how the new format would provide greater ease of access, including being able to add graphics for better understanding of situations. The look of the document will be just like the Town Code. The process that he would like Council approval for is a two -step process. The first step reorganizes what is current according to the table of contents and with simpler and terms and stylized similarly to the Town Code. The second part of the process will be to come back to Council with the separate chapters and do substantive, significant re- writes. The first part would come back to Council in about four months, depending on how long it takes to review before the Planning Commission. There will be at least two presentations before the Commission. Reorganization of the chapters would be from the most general to the most specific. He noted that there would be a lot of red -lined notes, most of which won't be substantive. Mr. Davidson interjected that this process is very important and has been going on for some time to get it to this point. It's important on its own and as part of the ongoing effort to improve and enhance all town services and policies. Mr. Cassidy stated that the new re- organization will make it easier to take pieces out and work on them. It's not designed to just sit on a shelf. Motion to direct staff to proceed with the LDC revision process in a manner consistent with the feedback provided by Council by Council Member McGorray, second by Council Member Bowen. Passed unanimously 6 -0. D 4: Presentation: Relating to Administration; presentation and update surrounding key elements of the FY2012 -2013 budget development process. Ann Berkman gave an update on the health plan renewal. She discussed the results of the employee survey wherein approximately 175 employees responded. The general consensus of the survey was that most employees would not consider moving to the 750 /Teal plan; however, only 42% of employees would pay more for their current coverage, the 100 /Copper plan. The proposal for the current 100 /Copper plan is for the benefits to remain the same but with revised contributions. The current 750 /Teal plan would have almost no contribution changes. However, the design includes no out of network services, reduced cost of the primary care co -pay and no change in pharmacy benefits. Next steps will be communication of information to employees through meetings with staff, worksheets, both electronic and paper, to review current usage and identify the best plan for their needs; FAQs and scenarios to help employees see cost savings if they migrate to the 750 /teal plan. She then referred to a chart of costs to stay with current plans and the savings to migrate from the Copper to the Teal program. Next, Erik Montague provided a revenue update from the presentation he gave at last week's meeting. The ongoing revenue numbers are up about $500K for state shared revenues and other agency revenues. He noted that staff has worked very hard over the past few years to maintain a structurally balanced budget, and that is intended to ensure that ongoing revenues support ongoing programs. Those revenues that you see one time only go toward one -time programs. Regular Council Meeting - April 3, 2012 - Page 1�1'� S` 27 2012 Council Meeting Minutes 3 Gilbert Davidson then segued to the recovery planning aspect of the budget. He noted that at the beginning of this fiscal year, Council approved a recovery planning process which included three major allocation or reinvestment elements: current staff, strategic positions and resources and tools. He further noted that although the revenue numbers won't be completely stable until employees decide which health benefits plans they want, The general unallocated and ongoing revenue remaining which can be put toward employee compensation is about $350K. That money could be invested in employees in three different scenarios. One is an ongoing adjustment (COLA or some adjustment to the base pay), the second scenario is a partial COLA and one -time contribution or reward, much like what the Council authorized at the holiday last calendar year, or a one -time adjustment only. Discussion ensued from Council with the general consensus that a partial COLA and a one -time adjustment in pay seems most equitable to all employees. Mr. Davidson noted that as the economy continues to track in a positive direction and we look at current compensation and classification studies, the town will be at a more favorable competitive advantage with other municipalities with some type of a base pay adjustment. A COLA is just a percentage added onto the base pay. D 5: Relating to Utilities; discussion and direction concerning the propose transfer to Cortaro - Marana Irrigation District of the Town's non - potable water system located within the geographic boundaries of CMID, and concerning the draft agreement between and among the Town, CMID, and Cortaro Water Users' Association to accomplish the proposed transfer (Frank Cassidy). Mr. Cassidy noted that he had been remiss in noting the staff involved in the reorganization of the Land Development Code, and he asked to rectify that. They were primarily Kevin Kish, Keith Brann and Lisa Shafer. IV Yr On the CMID issue, the town currently owns and operates a non - potable water delivery system in the north Marana area A large portion of that area is also in the district boundaries of CMID. Gladden Farms and Rancho Marana are in the district boundary. Currently, the town uses groundwater in the non - potable system. In Arizona law, the town is required to replenish gallon for gallon groundwater delivered through the non - potable system. The replenishment cost causes the cost of the water being delivered through the non - potable system to T on to the customers. The town's outside water counsel, Rita McGuire, has studied ways the town could not have a replenishment obligation. The conclusion, after much discussion with various attorneys is that if CMID were to operate the non - potable system, they could deliver water through the non - potable system without either entity having a replenishment obligation for that water. Adding that loss of replenishment obligation to the fact that citizens in the district pay a property tax for the benefit of getting a certain amount of water, and that having CMID deliver that water, gives them the ability to deliver that water back to those areas, that creates a great potential cost savings to customers in the CMID area. But the catch is that for this to work, CMID has to own and operate the non - potable system. So we have to figure out a way to transfer that system over. The amount of money the town makes on non - potable deliveries is basically negligible. Last year it was about $221,000 on revenues from water, and it cost about $224,000. This is an opportunity for the Council to provide some feedback on what they would like to see in an intergovernmental agreement for the non - potable system. Staff has been working on a draft for Rita McGuire's review when she is back in town. But Mr. Cassidy wants to make sure staff is addressing any concerns the Regular Council Meeting - April 3, 2012 - Page 1�� S` 27 2012 Council Meeting Minutes 4 Council may have. Mayor Honea asked if we know what rate CMID would charge. And another concern is if the system is turned over and the town no longer has control over the pricing but the town wanted to get the infrastructure back, there would be no recourse to do that. He concerned about having verbiage in the agreement relating to infrastructure. Council Member Kai added some background information regarding CMID's involvement in providing water to Gladden Farms. Mayor Honea noted that saving the town money was not the reason for doing this because it's basically a wash either way. The reason for doing it is that citizens in Gladden Farms HOA are paying about twice as much as in other HOA's. Mayor Honea also stated that if the system is transferred, the water rates should go down. He asked if there was something to the effect of what that rate would be. Mr. Cassidy responded that negotiations aren't at that point yet, although discussion among staff has been how to roll out the subject to CMID. He has during presentations by representatives of CMID to Gladden Farms homeowners, it would have to be significantly less because of the fact that there is a certain entitlement to irrigation water deliveries by virtue of paying the property tax and not having the replenishment obligation. There would have to be some level of reducel cost, but how much that is difficult to know right now. Council Member Ziegler asked if Council Member Kai had a conflict during this discussion as a member of the CMID board. Mr. Cassidy responded that in Arizona conflict of interests are specifically defined in the statute, and the way they're defined is almost by exception. Everything is a conflict of interest unless it's defined as a remote interest, and one of the things defined as a remote interest is somebody sitting as an unpaid member of another governmental body, so technically it's not a conflict of interest. In response to another question by Council Member Ziegler, Mr. Cassidy responded that the customers in Gladden Farms and Rancho Marana will benefit from the agreement, but as development of the farm areas occurs, it creates a business model for CMID going forward. An irrigation district is urbanized, it loses the farmers, and this provides them with a business model that allows them to continue to stay in business and help the town by taking away from the town this replenishment obligation. Mr. Davidson noted that a valuable lesson learned is that Gladden Farms was designed without residential meters to each lot, so the town needs to re -think individual connections to homes for future development. Reducing the replenishment obligation also brings up the issue of conservation of water for future development as well as open space and community parks. Mayor Honea also raised the question of whether the town could be a customer and purchase water at a lower rate and not have to replenish it. After discussion amongst Council, Mr. Cassidy stated that staff would go through an iterative process as they continue with negotiations and come back to Council to make sure they are on the right track. Mayor Honea clarified that there should be more discussion and information brought to Council on dollars and where things are going before final negotiations take place. Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. ADJOURNMENT. Motion to adjourn at 7:48 p.m. by Vice Mayor Comerford, second by Council Member McGorray. Passed unanimously 6 -0. Regular Council Meeting - April 3, 2012 - Page 1�� S` 27 2012 Council Meeting Minutes 5 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 27, 2012. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting - April 3, 2012 - Page 1�� S` 27 2012 Council Meeting Minutes 6 JM 'qF 1 i MARANA rnmw flr m+wi-% r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, April 3, 2012, 7:00 PM To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 1 Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by The Southern Arizona Arts and Cultural Alliance for a fundraiser event to be held at Marana Health Center Discussion: The attached application is for a special event liquor license submitted by The Southern Arizona Arts and Cultural Alliance for a fundraiser. The applicant for this special event liquor license has submitted a special event permit application as well. A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues from the special event. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue the special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Attached is the application for the Senior Prom special event to held on April 21, 2012 at the Marana Health Center. ATTACHMENTS: Regular Council Meeting - April 3, 2012 - Page 15 of 33 Name: Description: Type: 0 SE Liq Lic SAACA Health Center.pdf Special Event Liquor License Application Backup Material Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of the special event liquor license application submitted by The Southern Arizona Arts and Cultural Alliance for a fundraiser held at the Marana Health Center. OPTION 2: I move to adopt an order recommending disapproval of the special event liquor license application submitted by The Southern Arizona Arts and Cultural Alliance for a fundraiser held at the Marana Health Center. Regular Council Meeting - April 3, 2012 - Page 16 of 33 State of Arizona.. of Liquorticenses and Control s fe� s � x:, 2 wIII :�� :� r .�. .� �� Ic�� . ±�:�r�lfl�d�hor�ored o�� 44 -585 nr r. § } A ...:y is ..•.:.a"` .. NOTE. THIS DocU MUST BE FULL =oMP : . ....... ........ PL ALL 'I o':U1.111FS] ... .j y ..... �ZM -X: :.. � ..:.........:.:.::........... .:.... :::.: **A pplication must be approved by 19pal govern.. T eri :. a ore -su Mis. Department of Liquor Licenses end :contro �Se Um r , *2 A. s x �.:��. ...... ....... . Name of r G t 7he reee lay ca anization .. x F x 2. Non-Profit/I.R.S. Tax Exem • ber. Vy 3. The organization is a: (check one bax orb E] Charitable Lj Fraternal (must have 'ED FOR in to. Z �-: � �. y { c r _P ALL BE RETURNED. 0 OVAL DLLC USE ONLY Y LICENSE # S Tli d C� Itural Alliance I.& membership and in existence for over 5 years) ❑ Civic E] Political Party, Ballot M ❑ Religious re, or Campaign Committee 4. What is the purpose of this event? Senior Prom- to raise. Health Care awareness 1 SAACA Fundraiser 5 . Location of the event Marana Health Center -13644. N. Sandario Road Marana Pim 85653 Address of physical location (Not P.O. Box) City County Zip Al2plicant must be a member of the qualifying organization and authorized by an officer, Director or Chai erson of the Organization named in Question #1. (Signature required in section #18 S. Applicant Hunter Jonas Was Last First Middle Date of Birth 7. Applicant's Mailing Address: 7225 N. Or R oad, Su 112 Tucson AZ 85704 - Street City State Zip 8. Phone Numbers 520 682-4111 520 } 797 -3959 - 520 Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event (R ememb er: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. Day 1: April 21, 2012 Saturday 5:00 PM Day 2: Day 3: Day 4: Day 5: Day S: Day 7: Day 8: Day 9: Day 10: &tW�S&gyncil Meetia 6a fiW&1& ;90hririg special accommodations, please call (502) 542 -9027 To A.M.IP. M. 9:00 PM 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? [] YES El NO (attach explanation if yes 11. This organization has been issued a special event license for 2 days this year, including this event (not to exceed 10 days per year ). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES El NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of THE GROSS REVENUES of THE SPECIAL EVENT LIQUOR SALES. Name Greater Oro Valley Arts Council DBA The Southern Arizona Arts and Cultural Alliance 50% Percentage Address 7225 N. Oracle Road, Suite 112, Tucson, AZ 85704 Name Marana Health Center 50% Percentage Addrese 13644 N. Sandario Road Marana, AZ 85653 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations.. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES."" 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security /police personnel and type of fencing or control barriers if applicable) ° #Police E] Fencing ` #Security personnel p Barriers The event area will be contained with stanchions and alcohol will only be consumed only within the stanchioned off are. All attendees will be asked to show their ID to a TIPPS trained SAACA staff member and then be given a wristband. No alsohol will be served to anyone under 21 and to no one without a wristband. 16. Is there an existing liquor license at the location where the special event. is being held? ❑ YES El NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ❑ YES [] NO (ATTACH COPY of AGREEMENT) Name of Business Phone Number 1 7. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting - April 3, 20.12 - Page 18 of 33 SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. Regular Council Meeting - April 3, 2012 - Page 19 of 33 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 1 10 Amanda Kate Marquez declare that I am an Offi /Director /Chairperson appointing the (Print full name) applican )We(�in C)u"�stion 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. Eal ignature N A � to of C OMY in Com�n� Qlo� Y� Arizona County of Pima The foregoing instrument was acknowledged before me this 7 - Day 7 WnV Year My Commission expires on: -�L-' (Date) LMT[�L' AW,NVA ""! #'� Im THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 1 Jonas Wes Hunter declare that I am the APPLICANT filing this application as (Print fvW ame) listed inks I have read the application and the contents and all statements are true, correct and complete. CHPJM A, KOCKMff X ? fg7n - a& e} X., "VX=WW Imp cwwbwn EXI*ft M commission expires on: != Y P (Date) (Title/Position) 520 ) 797 -3959 (Date) (Phone #) t o of Arizona County of Pima The foregoing instrument was acknowledged before me this 7 Day Sianatu of 40fXRY PUBLIC] Year You must obtain local government approval. City or County MUST recommend_ event and complete item #20. The local overnin body may reciulre additional applications to be completed and submitted 60 da s in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION (Govemment Official) on behalf of ( City, Town or County) hereby recommend this special event application (Signature of OFFICIAL) (Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee) (Date) Lj APPROVED DISAPPROVED BY: Executive Director (Title) Regular Council Meeting - April 3, 2012 - Page 20 of 33 MHC Senior Prom 2012 Pub Par Lot � � ai rf w �■4 f :. � � . r7 y � I 1 ' I i i w� III I- V --[4 1A ME TANX wMMr- �P� F� Public Parking (Dirt Lot) 6A L li p r • ' ; 1X77 i M up Y 4 F5 INCAW1 f J I I 'd* i Mai — .-... 11 -- i # _ IQ A sst Living B u s P arkin •• -, • F � �-rr�r � � lot • ti r :{ If }fir -/ F�fYr f• �.. �� __._.._._ =.rf r---._ • �� .� L. _ �.. .,. �� - - - lf�E:a N IL pr "16 I-el -- — �' 029" MIA -V - MAKE 1P r I w 1 r I IKE 3"M 3 FOR C3 6F%mm"16 Wr *4qT I WO %XNMY eATA WL ; M E I+Q - M RA h� A I' T r+ 1 1 �. .6 v � 17 *4 w * Riga ng .- .Ap 3, 2 U 1 _- Page 21f- ec rr , °� ■• i air.!+ Leo • 10 r Oft" Cw MA"Mak JM 'qF 1 i MARANA rnmw flr m+wi-% r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, April 3, 2012, 7:00 PM To: Mayor and Council From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Not Applicable Item D 1 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: Backup Material ❑ Legislative Bulletin Issue 10.pdf Legislative Bulletin 10 ❑ Legislative Bulletin Issue 11.pdf Legislative Bulletin 11 Staff Recommendation: Backup Material 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 - April 3, 2012 - Page 22 of 33 League of Arizona Cities and Towns - Legislative Bulletin League o Arizona ^000 Cities ANDTowns ISSUE 10 - March 16, 2012 Legislative update Legislative Bulletill Page 1 of 6 Today is the 68th day of the second regular session of Arizona's Centennial Legislature. It is also the deadline for committees (except appropriations) to conduct hearings on pending bills. New initiatives may yet be introduced in the form of strike -all amendments to bills considered by the appropriations committees of the House and Senate; otherwise, the universe of active legislation is fairly well known upon the expiration of today's deadline. During the past week, representatives of the Legislature and Office of the Governor continued to pursue negotiations on a budget for the coming year. While the proceedings have remained confidential, some progress has been reported. Accordingly, the League is optimistic that the session will conclude by or near the 100 -day deadline (falling this year on April 17) established by rule in the House and Senate. Consolidated elections HB 2826 (consolidated election dates; political subdivisions) mandates that, with very narrow exceptions, all municipal elections must be held in the fall of even - numbered years. The bill, which is strongly opposed by the League, passed the House by a slim margin on March 1. On Thursday, March 8, the League participated in a stakeholder meeting regarding the legislation. The product of the meeting, hosted by the bill's sponsor, Rep. Michelle Ugenti (R- Scottsdale), was a proposed committee amendment that addressed many of the League's concerns. The bill was heard by the Senate Judiciary Committee on Monday, March 12. The amendment was offered by the committee chairman, Senator Ron Gould (R -Lake Havasu City), on behalf of the bill's sponsor. The amendment, however, was defeated by voice vote, and the committee proceeded to approve the bill as introduced by a vote of 6 -2. The League remains adamantly opposed to the bill for a variety of reasons, including: state interference in a matter of purely local concern (particularly with respect to the elimination of spring elections for cities and towns); prospective ballot length and voter fatigue; increased costs and voter confusion; unnecessary and harmful delays for certain types of elections; and difficulties associated with all -mail ballots. The bill now proceeds to the Senate Rules Committee. In the meantime, city and town officials are encouraged to contact their senators to urge strong opposition to HB 2826. Department of Water Resources funding On Thursday, March 15, the House Committee on Agriculture and Water unanimously approved SB 1288 (municipal water fees; repeal; appropriation). The legislation repeals the statutory authority of the Arizona Department of Water Resources to impose an assessment on cities and towns to fund departmental operations. The bill further provides for funding of the agency through the State's general fund. The League testified in support of the bill, which is scheduled for a hearing before the House Appropriations Committee on Wednesday, March 21. Regular Council Meeting - April 3, 2012 - Page 23 of 33 http : / /www.leagueaz.org /bulletin/12 /120316 /index.cfm?a =print 3/23/2012 League of Arizona Cities and Towns - Legislative Bulletin Regulatory tax credit Page 2 of 6 On Thursday, March 15, the Senate Finance Committee approved HB 2815 (employment; incentives; regulatory tax credit) by a vote of 4 -2. The League testified in opposition to the regulatory tax credit section of the bill, emphasizing: the convoluted nature of the claims process; the additional administrative expenses imposed on state and local government; and the bill's great potential for unintended consequences. Testifying in support of that provision, a representative of the Goldwater Institute observed that only health, safety and fraud are properly within the purview of government regulation. Moreover, according to the witness, any rules regarding aesthetics, building appearance or design review are beyond the proper scope of government. Some business groups testified in support of another section of the bill that phases out the state's capital gains tax, which would result in a $62 million reduction in state revenues in 2014 and nearly $400 million by 2020. The bill now proceeds to the Senate Rules Committee for further consideration. Water and wastewater On Wednesday, March 13, the Senate Committee on Water, Land Use and Rural Development heard HB 2416 (water and wastewater; denial prohibited), which previously passed the House on reconsideration. The bill mandates that cities and towns in Pima County provide water service to areas outside of their corporate boundaries. The committee amended the bill to further limit its application to a particular case involving the City of Tucson. Despite the League's opposition to the bill, it passed by a vote of 4 -2. It now proceeds to the Senate Rules Committee for further consideration. Border warnings HB 2586 (border warning; dissemination), sponsored by Rep. Peggy Judd (R- Willcox), requires the state director of homeland security to monitor "dangerous conditions in regard to illegal immigration activities" in the Arizona - Mexico border area and authorizes the director to disseminate such information to the public. The bill passed the House Committee of the Whole on March 2. On Monday, March 12, the League, along with several southern Arizona city representatives, participated in a stakeholder meeting hosted by the bill's sponsor. Rep. Judd suggested an alternative approach to achieve her objective, but stakeholders prevailed upon her to abandon the effort altogether. As a consequence of the discussion, the bill will not move forward. The League thanks Rep. Judd for her time and responsiveness to constituent concerns. Firearms On Monday, March 12, the Senate Judiciary Committee passed HB 2729 (state regulation of firearms) by a vote of 6 -2. The bill, opposed by the League, requires governmental entities to allow guns into public establishments, unless certified law enforcement officers or armed personnel and metal detection equipment are present 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 ordinances stricter than state law. On Thursday, March 15, the House Committee on Military Affairs and Public Safety passed SB 1304 (firearms regulation; political subdivisions) by a vote of 5 -2. 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. Pursuant to an amendment adopted by the Senate, the bill does establish parameters for criminal negligence for the use of a firearm within a municipality. The legislation proceeds to the House Rules Committee for further consideration. Also on March 15, the House Judiciary Committee passed SB 1087 (firearms; state preemption) by a vote of 7 -1. Sponsored by Senator Ron Gould (R -Lake Havasu City), the bill provides that local firearms ordinances can be no more restrictive than state law. The League opposes this preemptive measure, which now advances to the House Rules Committee. Homeowners' associations On Monday, March 12, the Senate Committee on Veterans, Military and Government Affairs passed HB 2030 (homeowners' associations; public roadways) by a vote of 4 -2. Sponsored by Rep. John Kavanagh (R- Fountain Hills), the bill as amended restricts homeowners' associations from regulating parking on any roadways dedicated to a governmental entity if the HOA does not permit homeowners to have at least two vehicles parked in their driveways. The League opposes the measure because of its potential to shift costs of enforcement onto municipalities. Regular Council Meeting - April 3, 2012 - Page 24 of 33 http : / /www.leagueaz.org /bulletin/12 /120316 /index.cfm?a =print 3/23/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 3 of 6 Sales tax collection On Thursday, March 15, the Senate Finance Committee unanimously approved HB 2466 (NOW: Payment; local sales tax). The legislation provides for the creation of an online portal for the direct remittance of taxes by taxpayers in self - collecting cities. This initiative will be especially useful for taxpayers that have business in multiple jurisdictions. The League has been working cooperatively with the bill's sponsor, Rep. Rick Gray (R -Sun City), to establish the technological framework for the portal. The bill now proceeds to the Senate Rules Committee for further consideration. Consumer fireworks On Wednesday, March 14, the Senate Committee on Government Reform passed HB 2361 (NOW: regulations; consumer fireworks) by a vote of 6 -0. 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. On the same day, the House Committee on Military Affairs and Public Safety passed comparable legislation, SB 1364 (consumer fireworks; permitted regulation), by a vote of 7 -2. The committee, however, adopted an amendment removing the authority of jurisdictions within Yavapai and Coconino Counties to regulate the sale of fireworks. SB 1364 now proceeds to the House Rules Committee, while HB 2361 moves to the Senate Rules Committee for further consideration. Council Procedures On Wednesday, March 14, the Senate Committee on Government Reform passed HB 2570 (political subdivisions; proceedings; governing bodies) by a vote of 4 -2. The bill provides that a municipal ordinance may not take effect until it has been publicly 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 bill was amended in committee to stipulate that emergency ordinances expire 90 days after adoption instead of 60. Additionally, the amendment makes certain clarifying changes to last year's SB 1598 (cities; counties; regulatory review) regarding licensing timeframes and exempt permits and licenses. The League, which successfully negotiated with the sponsor for the inclusion of several improvements to the legislation, is neutral on the bill. The measure next proceeds to the Senate Committee of the Whole. Liquor regulation On Monday, March 12, the Senate Rules Committee approved HB 2606 (s /e: liquor omnibus). The bill was caucused by both the Senate majority and minority the following day. 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 Committee of the Whole for further consideration. Animal cruelty On Monday, March 12, the Senate Judiciary Committee passed HB 2780 (animal cruelty; ranching dogs) by a vote of 5 -3. The bill provides an exemption from animal cruelty statutes for dogs involved in ranching and farming activities. The League testified against the bill, noting its objection to a provision that specifically prohibits cities and towns from enacting ordinances restricting activities involving such dogs. The League is working with the bill sponsor, Rep. Peggy Judd (R- Willcox), on an amendment that would remove the preemptive language. Alarm system installation On Wednesday, March 14, the House Commerce Committee unanimously approved SB 1306 (NOW: alarm businesses; agents; regulation; licensing). On the same day, the Senate Committee on Government Reform passed HB 2748 (cities; alarm licenses; reciprocity) by a vote of 6 -0. Identical strike - everything amendments to the bills were passed in both committees. The "strikers" memorialize a compromise agregevNW 0w�1 U2019/aftgeWetl3by the bills' sponsors, Senator Frank Antenori (R- Tucson) and Rep. Amanda Reeve http : / /www.leagueaz.org /bulletin/12 /120316 /index.cfm?a =print 3/23/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 4 of 6 (R- Phoenix), respectively. The agreement provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and it preempts further local regulation of alarm installation. Local government, however, may continue to regulate other aspects of alarms (such as false alarms) through ordinance. The League, a key stakeholder in negotiations, thanks the sponsors for their cooperation and leadership. Street Assessments On Thursday, March 15, the Senate Finance Committee passed a strike - everything amendment to HB 2151 (s /e: assessments; intergovernmental agreements). The amendment prohibits a municipality from assessing property for any street constructed or improved pursuant to an intergovernmental agreement between public bodies. The League opposes the measure, which would substantially restrict the ability of municipalities to reduce costs to the taxpayer through partnerships with other public entities. The bill now proceeds to the Senate Rules Committee for further consideration. Government deposits On Monday, March 12, the House Rules Committee unanimously approved SB 1135 (government deposits). The bill, sponsored by Senator John McComish (R- Phoenix), previously passed the Senate by a vote of 29 -0. The League supports the measure, which now proceeds to the House Committee of the Whole. The bill authorizes municipalities to invest surplus funds and other monies not used for operating costs into federally insured savings deposit accounts through Insured Cash Sweep (ICS). ICS is a deposit placement service that allows for a depositor's funds to be swept from a transaction or checking account into savings accounts (interest- bearing money market accounts). ICS allocates the funds to accounts in banks throughout the country in amounts less than the Federal Deposit Insurance Corporation (FDIC) insurance maximum of $250,000 so that both principal and interest are eligible for FDIC insurance. Revenue allocation districts On Thursday, March 15, the Senate Finance Committee passed HB 2469 (revenue allocation districts) by a vote of 5 -1. The measure, sponsored by Rep. Rick Gray (R -Sun City), authorizes municipalities to form Revenue Allocation Districts, which can pledge increases in both property tax and sales tax revenue to secure bonds issued to benefit the district. The League strongly supports the measure, which now heads to the full Senate for further consideration. Public works notification On Wednesday, February 14, the Senate Committee on Government Reform passed HB 2350 (NOW: cities; counties; regulations) by a vote of 6 -0. The bill requires a municipality to post its capital improvement plan (CIP) on its website. Under the legislation, a utility may also request that it receive copies of the CIP, along with information on any new or accelerated projects. The League is neutral on the bill because of its inclusion of changes negotiated with proponents. HB 2350 now proceeds to the Senate Rules Committee. Emergency Response On Thursday, March 15, the Senate Finance Committee passed HB 2094 (prepaid wireless E911 excise tax) by a vote of 5 -1. 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 on all telecommunications services for this purpose. The tax, however, is currently collected only on monthly wired and wireless services. The League supports HB 2094, as a means to effect considerable improvement of Arizona's aging 9 -1 -1 system. The legislation now proceeds to the Senate Rules Committee. Law enforcement On Wednesday, March 14, the House Committee on Military Affairs and Public Safety passed SB 1186 (law enforcement officers; omnibus) by a vote of 7 -0. Among other things, the measure, sponsored by Sen. Linda Gray (R- Phoenix), severely curtails the ability of law enforcement agencies to require fitness for duty examinations. The League opposes the bill as a costly impediment to the discipline of problematic officers. Regular Council Meeting - April 3, 2012 - Page 26 of 33 http : / /www.leagueaz.org /bulletin/12 /120316 /index.cfm?a =print 3/23/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 5 of 6 Pension reform On Thursday, March 15, the Senate Finance Committee unanimously approved HB 2745 (NOW: 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: 1) was hired before the effective date of last year's pension reform bill; 2) previously retired from PSPRS; and 3) is enrolled in another state retirement system. This change will result in cost savings for some of Arizona's cities and towns. The League supports the bill, which proceeds to the Senate Rules Committee. Legislator Profile - Representative Steve Court Court is now in session. Steve Court, that is: sophomore state legislator from District 18 and the Majority Leader of the Arizona House of Representatives. Considering that, prior to his first run for political in office in 2008, Court had never served as a precinct committeeman, attended a district meeting or worked on a political campaign, his rapid rise from retired citizen to senior House leader is nothing short of meteoric. Characteristic of his modest nature, however, Court attributes his entry into leadership to logistics. "In 2008, forty freshmen were elected to the Legislature," he notes. "The freshman class of 2010 numbers forty -two. There just aren't that many people with experience from which to choose." Court was born in Winchester, Massachusetts, and raised in Wakefield, a scenic town 10 miles north of Boston that was first settled in 1638. His mother's family, of Canadian and German descent, immigrated to the United States from Canada. His father's ancestors came to America from England during colonial times. Court, who still has family in New England, can boast of relatives who fought in the Revolutionary War. Upon his graduation from high school, Court entered college at the Lowell Technological Institute, an academic gem that has since been absorbed into the University of Massachusetts system. Lacking a passion for science and engineering, he settled on accounting as his major after his first year. During his collegiate career, Court concentrated on his studies but did find time to participate as a member of the Lowell crew team, plying the waters of Greater Boston in a four -man boat. Court also joined a local fraternity, Omicron Pi. Although it was not part of a national network, the parochial organization fostered an especially strong brotherhood that ultimately had a great impact on Court's future. Following graduation, for example, he joined with a fraternity brother to try their hand at homebuilding. They constructed a single house on spec just as the residential housing market tanked. "That project didn't work out so well," Court recalls. Other fraternity brothers, however, had an idea whose promise helped shape the contours of Court's adult life. They had moved to Arizona to work for Motorola, which was at the time the Valley's largest employer. They encouraged Brother Court to join them. He did, and the decision led to a 20 -year career as an accountant with the electronics giant. "I drove through snowstorms to get here," Court remembers. "It was great to arrive at a place where the summer was bearable and winter was non - existent." Sitting outside as his first summer as an Arizonan approached, Court recognized that something elemental to the season was missing. "There weren't any mosquitoes to slap at," he laughs. The decision to relocate to Arizona led not only to a new job but to the altar as well. Having converted to the Mormon faith as a young adult, he met his wife Susan, a native Arizonan, at an LDS church on the campus of Arizona State University. They celebrated their 33rd anniversary in August. The union has been a fruitful one. The couple has produced four children, three of whom attended Westwood High like their mother (the fourth attended Mountain View). Moreover, all four graduated from college, are married and are producing children of their own. The Courts have 11 grandchildren - so far. After his successful tenure at Motorola, Court yielded to his entrepreneurial urges and purchased a Chem -Dry carpet and upholstery cleaning business from his brother -in -law. Court found that running the business was hard work, as he endured the transition from whit1q @Aj tk-p srAoo h �,uL*gssp V dW it all - including the gritty labor of carpet sanitation. He stuck with it, though, http : / /www.leagueaz.org /bulletin/12 /120316 /index.cfm?a =print 3/23/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 6 of 6 earning a decent living from the franchise for 10 years, after which period he decided to sell the business to his eldest son and retire. Enjoying retirement in idle repose, however, was out of the question - especially as his wife continued (and continues) to work as a full -time attorney with the Mesa law firm of Jackson White. That's where politics came in. A persuasive friend encouraged Court to run for the House in 2008. There were two open seats in legislative district 18, so the enterprising retiree boldly announced his candidacy and went to work. He won that first election on the force of his message, reputation and ability. As a legislator, Court enjoys the policy- making aspects of his work far more than the associated politics. Given his background in finance and accountancy, he is especially drawn to budget and tax policy. In the letter accompanying her veto of SB 1322 (managed competition; city services), Governor Brewer wrote: "I am becoming increasingly concerned that many bills introduced this session micromanage decisions best made at the local level. What happened to the conservative belief that the most effective, responsible and responsive government is government closest to the people ?" Asked for his reaction to the Governor's comments, Majority Leader Court does not mince words: "I agree with the Governor 100 percent." Surely that explains why he was recognized with a Friend of Cities award at the League's annual conference in 2011. Following the 2011 legislative session, Court made a determined effort to lose weight. Shedding pounds at a clip of four a week, he lost 30 in the first two months of his diet. He then proceeded to cast off another 35, mainly by watching calories. (He also credits colleague Representative Tom Forese for sharing a useful calorie - tracking mobile phone application.) If the majority leader of the Arizona House can impose the same kind of discipline on the lower chamber that he has with respect to his own diet, then Arizonans will doubtless enjoy more effective and efficient legislative machinery. And they just might find that they have a leader who is worth his (diminished) weight in gold. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to leagueCazleague.org. Regular Council Meeting - April 3, 2012 - Page 28 of 33 http : / /www.leagueaz.org /bulletin/12 /120316 /index.cfm?a =print 3/23/2012 League of Arizona Cities and Towns - Legislative Bulletin League o Arizona ^000 Cities ANDTowns ISSUE 11 - March 23, 2012 Legislative update Legislative Bulletill Page 1 of 5 Today is the 75th day of the second regular session of Arizona's 50th Legislature. The appropriations and rules committees were the only ones with authority to consider bills during the past week. Outside of those committees, most legislative activity occurred on the floors of the House and Senate. Budget negotiations continued behind closed doors, and the possibility continues to exist that the Legislature will adjourn sine die by April 17, within the 100 -day deadline established by rule in each chamber. Municipal water assessment On Wednesday, March 21, the House Appropriations Committee considered and unanimously passed SB 1288 (municipal water fees; repeal; appropriation). The legislation repeals the statutory authority of the Arizona Department of Water Resources (ADWR) to impose an assessment on cities and towns to fund departmental operations. The bill further provides for funding of the agency through the State's general fund. The League testified in support of the bill, which proceeds to the House Rules Committee for further consideration. In a related development, a strike - everything amendment to HB 2493 (department of water resources; funding) was posted for consideration by the Senate Appropriations Committee on Tuesday, March 20. The strike - everything amendment, wholly unrelated to ADWR funding, was not considered by the committee, however, and the bill was held. As originally introduced, HB 2493 establishes a joint legislative study committee to study potential ADWR funding mechanisms and repeals the municipal assessment authority in two years. Regulatory tax credit 1 Tuesday, March 20, the Senate Appropriations Committee held a hearing on HB 2815 (employment; incentives; regulatory tax credit). Prior to the hearing, Chairman Don Shooter (R -Yuma) circulated three amendments, including one to remove the Regulatory Tax Credit portion of the bill, the section to which the League is strongly opposed. None of the amendments, however, were offered during the committee's consideration of the bill. The bill's sponsor, Rep. J.D. Mesnard (R- Chandler), testified that that he was engaged in discussions with the Office of the Governor regarding several provisions of the bill and that more changes were required to make the legislation acceptable to the executive branch. Rep. Mesnard has assured the League that the Regulatory Tax Credit portion of the bill will be removed with a floor amendment. Based on that assurance, the League signed in as neutral on the bill, which passed out of the committee by an 8 -4 vote. Photo radar SCR 1031 (s /e: photo radar; speeding; prohibition) would, upon statewide voter approval, prohibit the use of photo radar systems in Arizona for speed enforcement purposes. The resolution, opposed by the League, was heard in the House Appropriations Committee on March 22 and failed by a vote of 4 -9. Consumer fireworks On Monday, March 19, the Senate caucuses passed HB 2361 (NOW: regulations; consumer fireworks). Among other things, the legislation: prevents municipalities from adopting ordinances with penalties greater than a petty offense for a person using certain consRmftrafi odd "rr9}tA0E5irt }t eofsfee$3)n fireworks vendors; addresses certain signage issues; and permits restrictions on http : / /www.leagueaz.org /bulletin/12 /120323 /index.cfm?a =print 3/23/2012 League of Arizona Cities and Towns - Legislative Bulletin Page 2 of 5 the sale and use of consumer fireworks in Coconino and Yavapai Counties. The League is neutral on the bill. Last week the House Committee on Military Affairs and Public Safety passed comparable legislation, SB 1364 (consumer fireworks; permitted regulation), by a vote of 7 -2. The committee, however, adopted an amendment removing the authority of jurisdictions within Yavapai and Coconino Counties to regulate the sale of fireworks. Without that modest expansion of regulatory authority, the League opposes SB 1364, which has not yet been heard in the House Rules Committee. Council Procedures Earlier this week, HB 2570 (political subdivisions; proceedings; governing bodies) was approved by the Senate Rules Committee and heard by the Senate's majority and minority caucuses. The bill provides that a city or town council may not take action on a proposed ordinance until it has been publicly 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 bill was amended in the Senate Committee on Government Reform to stipulate that emergency ordinances expire 90 days after adoption instead of 60. Additionally, the amendment makes certain clarifying changes to last year's SB 1598 (cities; counties; regulatory review) regarding licensing timeframes and exempt permits and licenses. The Rules Committee adopted an amendment to the Government Reform amendment to make technical changes. The measure was scheduled for Senate Committee of the Whole on Thursday March 22 but was retained. The League is neutral on the measure and is continuing to work with the sponsor on additional changes. Alarm system installation On Monday, March 19, the House Rules Committee approved SB 1306 (s /e: alarm businesses; agents; regulation; licensing). On the same day, the Senate Rules Committee passed HB 2748 (s /e: cities; alarm licenses; reciprocity). Both bills were also caucused this past week. Identical strike - everything amendments to the bills have passed both chambers. The "strikers" memorialize a compromise agreement among stakeholders that was brokered by the bills' sponsors, Senator Frank Antenori (R- Tucson) and Rep. Amanda Reeve (R- Phoenix), respectively. The agreement provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and preempts further local regulation of alarm installation. Local government, however, may continue to regulate other aspects of alarms (such as false alarms) through ordinance. The League, a key stakeholder in negotiations, thanks the sponsors for their cooperation and leadership. Street assessments On Monday, March 19, the Senate Rules Committee gave its approval to HB 2151 (s /e: assessments; intergovernmental agreements). The amendment prohibits a municipality from assessing property for any street constructed or improved pursuant to an intergovernmental agreement between public bodies. The League opposes the measure, which would substantially restrict the ability of municipalities to reduce costs to the taxpayer through partnerships with other public entities. The bill was held in the Senate Majority Caucus and is not expected to proceed any further through the legislative process. Political signs SB 1200 (political signs; hazardous locations), sponsored by Senator Sylvia Allen (R- Snowflake), stipulates that a government agency must notify the owner of a political sign in writing if a particular sign is deemed to create a hazardous condition. It further provides that, for purposes of calculating the time frame for permissible sign installation, a primary election begins on the day that early ballots are first mailed out to voters. The measure passed the House caucuses on March 19 and proceeds to the Committee of the Whole. The League remains neutral on the bill. State parks HB 2362 (state parks revenue fund) passed the Senate Committee of the Whole on Thursday, March 22. Sponsored by Rep. Karen Fann (R- Prescott), the bill creates a new fund for operation and maintenance of the state park system. The fund would be composed of private donations, revenue from fees and sales, and legislative appropriations. The measure also permits the State Parks Board to acq��lWo - r� A -i P?RorggRg nts, subject to review by the Joint Committee on Capital Review. The League http : / /www.leagueaz.org /bulletin/12 /120323 /index.cfm?a =print 3/23/2012 League of Arizona Cities and Towns - Legislative Bulletin supports the bill, which now proceeds to its third reading in the Senate. Water and wastewater Page 3 of 5 HB 2416 (water and wastewater; denial prohibited) passed out of the Senate Rules Committee and both Senate caucuses this week. The bill mandates that cities and towns in Pima County provide water service to areas outside of their corporate boundaries. The League continues to oppose the measure. Government deposits On Monday, March 19, the House unanimously approved SB 1135 (government deposits) by a vote of 58 -0. The bill, sponsored by Senator John McComish (R- Phoenix), previously passed the Senate by a vote of 29 -0. The League supports the measure, which now proceeds to Governor Brewer for her likely signature. The bill authorizes municipalities to invest surplus funds and other monies not used for operating costs into federally insured savings deposit accounts through Insured Cash Sweep (ICS). ICS is a deposit placement service that allows for a depositor's funds to be swept from a transaction or checking account into savings accounts (interest- bearing money market accounts). ICS allocates the funds to accounts in banks throughout the country in amounts less than the Federal Deposit Insurance Corporation (FDIC) insurance maximum of $250,000 so that both principal and interest are eligible for FDIC insurance. Liquor regulation On Thursday, March 22, the Senate Committee of the Whole considered and passed HB 2606 (NOW: liquor omnibus). 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, which previously passed the House by a vote of 47 -9, now proceeds to its third reading in the Senate. Firearms Two firearms bills were caucused in the House on Thursday, March 22. SB 1087 (firearms; state preemption), sponsored by Sen. Ron Gould (R -Lake Havasu City), provides that local firearms ordinances can be no more restrictive than state law. SB 1304 (firearms regulation; political subdivisions), sponsored by Sen. Frank Antenori (R- Tucson), repeals statutory language permitting a political subdivision to adopt an ordinance or rule restricting the discharge of firearms within one - quarter mile of an occupied structure. Pursuant to an amendment adopted by the Senate, the bill does establish parameters for criminal negligence for the use of a firearm within a municipality. Both bills now proceed next to the House Committee of the Whole. Tax reform On Thursday, March 22, the Senate Committee of the Whole passed HB 2123 (transaction privilege tax reform committee). The bill, sponsored by House Majority Leader Steve Court (R- Mesa), establishes a 13- member committee to study various issues related to the future of taxes in Arizona. The bill requires the committee to report its findings and recommendations by October 31, 2012. HB 2123, which passed the House by a unanimous vote of 57 -0 in February, now proceeds to its third reading in the Senate. Law enforcement On Monday, March 19, the House Rules Committee considered and passed SB 1212 (law enforcement officers; just cause). The bill was caucused in the Senate the next day. 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 bill, which previously passed the Senate and now proceeds to the House Committee of the Whole. On Thursday, March 22, the House Rules Committee passed SB 1186 (law enforcement officers; omnibus) by a unanimous vote of 8 -0; the bill was caucused in the House the same day. Among other things, the measure, sponsored by Sen. Linda Gray (R- Phoenix), severely curtails the ability of law enforcement agencies to require fitness for duty examinations and increases the time and cost of just cause terminations. The League opposes the bill as a costly impediment to the discipline of problematic officers. Lqistator Profile - Reuesentative Cecil Ash e ular Council Meeting - April 3 20 Page 31 of 33 9 9 p 9 http : / /www.leagueaz.org /bulletin/12 /120323 /index.cfm?a =print 3/23/2012 League of Arizona Cities and Towns - Legislative Bulletin It may not be terribly unusual for a state legislature to count among its membership a small -town rancher, a big -city diplomat, a real estate entrepreneur, a flight attendant, a public defender, a mobile home park developer, and an international missionary. What is far rarer, however, is to find those multiple personalities all rolled into one person. But so it is with Arizona Representative Cecil Ash, a sophomore legislator from legislative district 18. A native of Mesa, Ash had four brothers, all of whom graduated from Mesa High School. Before he entered high school, however, his parents decided to relocate to the family ranch at the confluence of Aravaipa Creek and the San Pedro River in southeastern Arizona. Consequently, young Cecil attended Hayden High School in Winkelman, where a new school building had been recently constructed. When he wasn't attending to his studies, the young cattleman worked the ranch, which supported 400 head of cattle on thirty sections of grazing land. The family's self - described "chief water engineer" was responsible for irrigating 160 acres of alfalfa. Page 4 of 5 Following high school, Ash enrolled at Brigham Young University in Provo, Utah. Missing his friends and family, he attended one semester at the University of Arizona before embarking on a mission for his church in 1968. The site of Ash's mission was Paris, France. Of the 150 -200 missionaries with whom Ash served in France, two were selected to serve as assistants to the mission president. Ash was particularly impressed with one of those young men, an outstanding leader and genuinely compassionate individual by the name of Mitt Romney. Ash remembers a horrific incident in which Romney was operating as chauffer to the mission president and his wife. Traveling along a curving two -lane highway, an oncoming car crossed the road and hit the Mormon entourage head on. The mission president's wife was killed. Romney was thrown from the car and knocked unconscious. The police officer on the scene wrote on his passport, "It est mort." ( "He is dead. ") Of course, the reports of Romney's death were exaggerated, but he was seriously injured and barely survived. Decades later, Ash served on Romney's fundraising committee in New York City for the 2008 presidential campaign, and he is an active supporter of Mitt Romney 2012. Back stateside after completing his mission, Ash returned to BYU to finish school. As graduation approached, he saw a notice posted on a campus bulletin board that Trans World Airlines and Pan American World Airways were scheduling interviews for flight attendant jobs. The airlines interviewed 110,000 individuals nationwide for 1,100 jobs. Ash was one of the 1,100 chosen to fly the friendly skies. Ash traveled to Miami for flight attendant training. He was, he recalls, "one of 12 guys among 140 beautiful women." Before long, he was jet- setting between hot spots like New York City, London and Paris. Ash enjoyed the experience and saw a good deal of the world, but as a faithful member of his church who didn't drink, do drugs or fool around, he began to yearn for something more. Grappling with an uncertain future, Ash was stricken with appendicitis in London and was laid up in St. George Hospital for a week. Lonesome and ill, he decided during that rough week to return to the States and quit his job. He almost didn't have the chance. On the return flight from London to Los Angeles, his appendix burst. The physician who performed the emergency surgery in L.A. declared that it was the worst such condition he had encountered in more than 30 years of practice. Ash returned to the ranch to recover and contemplate his future. On the mend, he took the Law School Aptitude Test. He received a great score and decided to continue his journey through life via law school, from which he graduated in 2 years. Ash entered private practice in Mesa and, after two years, interviewed for a legal adviser position with Department of Public Safety. DPS interviewed 22 candidates and chose Ash. Sometime later, he asked why he had been hired. "I was told that they wanted to hear all about my exploits as a flight attendant. Were they ever disappointed!" Ash laughs. Following a five -year stint with DPS, Ash turned his sights toward real estate and earned a broker's license, which he held from 1980 to 1993. He purchased a Help -U -Sell franchise, which lost $200,000 over four years. Always the philosophical optimist, Ash looks at the bright side: "I learned so much from that experience that it took me only six months to lose the next $100,000!" During this time frame, Ash and his brothers acquired land in Mesa on which to develop a recreational vehicle park. Entering the business at a time when there was fierce competition among RV facilities in the East Valley, he built a championship golf course at the fiog ulAsQouoa� inge PWA2,�20 Q W32)att3py the park, which filled to capacity while other park operators continued to fight http : / /www.leagueaz.org /bulletin/12 /120323 /index.cfm?a =print 3/23/2012 League of Arizona Cities and Towns - Legislative Bulletin for new residents. Page 5 of 5 In 1990, Ash's career took another sharp turn when he accepted a post with the Maricopa County Public Defender's office, a position he would hold for five years. "That was fun," the ever - charitable Ash recalls. "Being a public defender is like being a paid bishop. You basically have an opportunity to help people with their problems. Some people get involved with drugs or do other stupid things because they undervalue the associated risks. As a public defender, you can help get these people get back on the right track." The experience helped shaped Ash's view on sentencing reform, an issue about which he is emphatically passionate. "The state of Washington is roughly the same size as Arizona, but Washington incarcerates about 18,000 convicts to our 40,000," he observes. "We're turning a blind eye to great developments in the criminal justice system, like effective pre -trial diversion programs. By embracing change, New York was able to reduce both its prisoner population and its crime rate." In 1995, following the death of a brother, Ash left the Public Defender's office to concentrate on management and operation of his RV park. After nearly 10 years operating the facility, Ash was bought out by a national RV company. "They made me the proverbial offer I couldn't refuse," he remembers. As a consequence, Ash retired and then purchased and remodeled three homes on the Pacific coast of Mexico. Ash also volunteered for United Families International (UFI), a 501(c)(3) public charity devoted to maintaining and strengthening the family as the fundamental unit of society. In connection with his volunteer work, he attended a convention in New York City. During his visit to the Big Apple, he was dispatched to the United Nations to lobby on behalf of UFI. The experience was intoxicating, as Ash apprehended the possibilities to make a positive difference on an international stage. One thing led to another, and in January 2005, Ash and his wife, Linda, settled into an apartment on the East Side of Manhattan. For two years he worked as UFI's volunteer representative to the United Nations. He also continued his lifelong work with his church as a liaison to the Chinese branch of the Church of Jesus Christ of Latter Day Saints. Diving headlong into the dynamic culture of New York, Mr. and Mrs. Ash enjoyed the theater, attended lectures and sampled an unending variety of cuisine. Their time in New York was enhanced by proximity to a son who was completing a medical residency in the city. Once the son's residency concluded in 2007, it was time for the Ash clan to return home. Ash continued his involvement in politics as a volunteer and finance committeeman for the Mitt Romney presidential campaign. When Romney dropped out of the race in February 2008, Ash decided to run for the Arizona Legislature. "[Former Representative] Karen Johnson wanted my wife to run," Ash explains, "but she wouldn't do it, thinking that our kids would be ignored." His wife remains a faithful advisor, however, occasionally reminding Ash that while he may be smarter, she possesses more common sense. It's a charge he doesn't deny. Ash is a true conservative who, like Ronald Reagan before him, promotes local government and believes that decision - making should be decentralized and close to the people. Accordingly, the iconoclastic Republican consistently votes against legislation designed to diminish the authority of mayors and city councils. Last year, for example, he opposed SB 1322 (managed competition; city services), SB 1160 (city sales tax; residential rental), and SB 2153 (municipalities; counties; fire sprinklers; code). Not surprisingly, he was recognized with a Champion of Cities award at last summer's annual conference of the League of Arizona Cities and Towns. Ash is not coy, ambiguous or ambivalent about his future political aspirations. "I have none," he flatly states. He would like to finish what he has started (particularly with respect to sentencing reform), but there is much he'd like to do with the remainder of his life that doesn't involve politics. Ash has been married for 35 years and has five successful children. "I've had a wonderful life," Ash muses. Who could argue? He has enjoyed strong faith, a model family, rich and varied life experiences, a succession of successful careers, international travel and diplomatic work, public service and elected office. Not too shabby for an alfalfa - watering ranch -hand from Winkelman, Arizona. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to leagueCazleague.org. Regular Council Meeting - April 3, 2012 - Page 33 of 33 http : / /www.leagueaz.org /bulletin/12 /120323 /index.cfm?a =print 3/23/2012