HomeMy WebLinkAboutCouncil Agenda Packet 06/01/2004TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
June 1, 2004 - 7:00 p.m.
Mayor
Vice Mayor
Council Member
Council Member
Council Member
Council Member
Council Member
Town Manager
Bobby Sutton, Jr.
Herb Kal
Jim Blake
Patti Comerford
Tim Escobedo
Ed Honea
Carol McGorray
Mike Reuwsaat
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 twenty-four
hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda.
If you are interested in speaking to the Council during Petitions and Comments, Public
Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council
Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to
the Mayor and Council whether individuals will be allowed to address the Council on issues other
than Announcements, Petitions & Comments, and Public Hearings. 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.
To better serve the citizens of Marana and others attending our meetings, the Council
Chamber is 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 special services are available upon prior request, at least ten (10) working
days prior to the Council Meeting.
For a copy of this agenda or questions about the Council Meetings, special services, or
procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday
from 8:00 a.m. to 5:00 p.m.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Amended agenda items appear in italics.
Posted no later than May 28, 2004 by 7:00 o'clock p.m., at the Marana Town Hail and at
www.marana.com under Town Clerk, Minutes and Agendas.
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TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
June 1, 2004 - 7:00 p.m.
II.
IH.
IV.
V.
VII.
VIII.
IX.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION/MOMENT OF SILENCE
ROLL CALL
APPROVAL OFAGENDA
ACCEPTANCE OFMINUTES
Minutes of May 18, 2004 Council Meeting
CALL TO THE PUBLIC ~ ANNOUNCEMENTS - INTRODUCTIONS ~ UPCOMING
EVENTS
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 (3) minutes to speak.
Any persons wishing to address the Council must complete a speaker card (located at the
rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item
being called. 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 staffto review the matter, or may ask that the matter
be placed on a future agenda.
STAFF REPORTS
GENERAL ORDER OF BUSINESS
A. CONSENTAGENDA
The consent agenda contains agenda 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 uny issue from the consent agenda, and that issue will be
discussed and voted upon separately, immediately following the consent agenda.
Resolution No. 2004-66: Relating to the Police Department; Approving and
authorizing the execution of an Intergovernmental Agreement between Pima
County and the Town of Marana Police Department, a member agency of the High
Intensity Drug Trafficking Area Program Drug Grant Agreement (H.LD.T,A. XIV)
(Richard Vidaurri)
2. Resolution No. 2004-69: Relating to the Police Department; Approving and
authorizing the execution of an Intergovernmental Agreement between Pima
County/Tucson Metropolitan Counter Narcotics Alliance (C.N.A.) and the Town of
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TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
June 1, 2004 - 7:00 p.m.
Marana Police Department, a member agency of the Counter Narcotics Alliance
(C.N.A. Program Drug Grant Agreement (Richard Vidaurri)
Resolution No. 2004-70: Relating to the Police Department;.Approving the
submission of projects for consideration in Arizona's 2004 Highway Safety Plan
(Richard Vidanrri)
4. Resolution No. 2004-67: Relating to Subdivisions; Approving a Final Plat for The
Gallery Resort Parcel (Kevin Kish)
5. Resolution No. 2004-72: Relating to Development; Approving the Notice of
Amendment to General Notes on Gladden Farms Final Block Plat (Frank Cassidy)
Resolution No. 2004-71: Relating to Traffic; Approving and authorizing the Mayor
to execute an Intergovernmental Agreement with Northwest Fire District for
Reimbursement of Expenses relating to Opticom Traffic Signal Preempter Devices
(Frank Cassidy)
7. Approval of the Marana Arts Council's Water Tank Enhancement Proiect (Mike
Reuwsaat)
B. COUNCIL ACTION
1. Resolution No. 2004-73: Relating to Boards and Commissions; Approving the
appointment of Jori Post to the Planning & Zoning Commission (Mike Reuwsaat)
PUBLIC HEARING: South Neighbors Annexation: Relating to Annexation;
Consideration of the Town of Marana's desire to annex approximately 28 acres in
the vicinity of ~he Saguaro Ranch project. This ~property lies within Section 29,
Township I1 South, Range 13 East, Gila and Salt River Meridian (Dick Gear)
Ordinance No. 2004.13: Relating to the Airport; Amending the official name to
"Marana Regional Airport," and amending all references in Chapter 15 of the
Marana Town Code accordingly (Charlie Mangum)
4. Presentation/Discussion: Relating to Finance; Adoption of the Fiscal 2005
Tentative Budget (Roy Cuaron)
5. State Legislative Issues: Discussion/Direction/Action regarding all pending bills
before the Legislature (Mike Reuwsaat)
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TOWN OF MARANA, ARIZONA
COUNCIL MEETLqG AGENDA
13251 N. Lon Adams Road
June 1, 2004 - 7:00 p.m.
C. MAYOR AND COUNCIL'S REPORT
D. MANAGERS' REPORT
X. FUTURE AGENDA ITEMS
XL ADJOURNMENT
Bobby Sutton, ~Ir., Mayor
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II.
III.
PLACE AND DATE
Marana Town Hall, May 18, 2004
CALL TO ORDER
By Vice Mayor Kai at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Led by Vice Mayor Kai
INVOCATION/MOMENT OF SILENCE
A moment of silence was observed.
IV. ROLL CALL
COUNCIL
Bobby Sutton, Jr.
Herb Kai
Jim Blake
Patti Comerford
Tim Escobedo
Ed Honea
Carol McGorray
Mayor
Vice Mayor
Council Member
Council Member
Council Member
Council Member
Council Member
Present
Present
Present
Present
Present
Present
Present
STAFF
Mike Reuwsaat
Jaret Barr
Thomas Benavidez
Jocelyn Bronson
Jim DeGrood
Town Manager Present
Interim Development Services Admin. Present
Town Attorney Present
Town Clerk Present
Executive Asst. to the Town Manager Present
Attached is a list of public attendees.
APPROVAL OF AGENDA
Upon motion by Council Member Escobedo, seconded by Council Member
McGorray, the agenda was unanimously approved.
VI. ACCEPTANCE OF MINUTES
Upon motion by Council Member Comerford, seconded by Council Member
Blake, the May 4, 2004 Council meeting minutes were unanimously approved.
VII. CALL TO THE PUBLIC/ANNOUNCEMENTS
Betty Horrigan, representing the Marana Arts Council (MAC), addressed the
Council regarding a public arts project involving the community's water tanks.
She said that the nonprofit organization had been working for over a year on
painting murals or designing landscape around the water tanks located
throughout the Town. She reported that MAC was ready to begin painting the
first water tank mural in Honea Heights. Ms. Horrigan noted that a request for
approval would be presented to the Council on the June Ist agenda and that a
project schedule and a plan of action would be included in the Council materials.
Bill Schisler expressed his gratitude for the memorial ceremony recently held on
the Town Hall grounds in honor of his late wife, Leilani Schisler. He praised Town
staff, especially Mike Reuwsaat, Diane Mangialardi, Jocelyn Bronson, and Betty
Horrigan, for the thoughtful arrangements.
Ken Farnsworth, Scoutmaster, introduced the members of Boy Scout Troop 227 to
the Council. The Vice Mayor welcomed the young men and said that he hoped
their observation of the Town Council meeting helped the boys learn about the
government process.
Tammy Reyes reported briefly on special events and gave a short update on the
finalization of the 2004 Founders' Day Rodeo. She said that a total of 158 teams
had participated in the roping events, with 134 youth participating in the roping
and barrel racing events combined. Ms. Reyes continued her report by informing
the Council of the upcoming July 3ra event celebrating the nation's birth, July 44.
She said that there was an exciting fireworks display planned and that several
military groups including the Fort Huachuca band would be represented. She
pointed out that numerous family-oriented festivities were scheduled for the
celebration which would run from 6:00 to 11:00p.m.
Vice Mayor Kai announced that Jocelyn Bronson, Town Clerk, had recently
graduated from the Arizona State University's School of Public Affairs' Certified
Public Manager program. He congratulated the Town Clerk on her
accomplishment and pointed out that Ms. Bronson was the first Town employee to
complete the course.
Mike Reuwsaat presented Brad DeSpain with an award from his calf dressing
team members, Jennifer Christelman, Laurie Young, and Jennifer Shorr. He said
that the award was in appreciation for Mr. DeSpain's assistance to the team, who
won the calf dressing event, as well as for his dedication to the success of the
Western Heritage Rodeo and to the Marana community at large.
Mr. Reuwsaat introduced Jim Mazzocco, the newly hired Development Services
Administrator. He said that Mr. Mazzocco, who would begin working for the
Town on July 12th, had an extensive government career history including serving
as the Pima County Planning Official from 1993 to his recent retirement in 2004.
Mr. Mazzocco came forward and thanked Mr. Reuwsaat for the kind words and
told the Council that he looked forward to working with the Town.
Mayor Sutton arrived and was seated on the dais at 7:09 p.m.
VIII. STAFF REPORTS
There were no questions regarding the staff reports.
IX. GENERAL ORDER OF BUSINESS
A. CONSENT AGENDA
Resolution No. 2004-58: Relating to Water Service; Approving and
Authorizing the Execution of the Agreement between the Town of
Marana and Monterey Homes for Construction of Water Facilities Under
Private Contract for Continental Reserve Block 18, 19 and a portion of 17
(Brad DeSpain)
Resolution No. 2004-59: Relating to Water Service; Approving and
Authorizing the Execution of the Agreement between the Town of
Marana and Pulte Homes Corporation for Construction of Water
Facilities Under Private Contract for Continental Reserve Block 16A
(Brad DeSpain)
go
Resolution No. 2004-60: Relating to Water Service; Approving and
Authorizing the Execution of the Agreement between the Town of
Marana and BCIF Group for Construction of Potable and Non-Potable
Water Facilities and Provision of Water Utility Service for the San Lucas
Development (Brad DeSpain)
Resolution No. 2004-63: Relating to Parks and Recreation; Approving the
naming of the arena located at Postvale Road and the Frontage Road the
Marana Western Heritage Arena (Tom Ellis)
5. Resolution No. 2004-64: Relating to Water; Supporting Operation of the
Yuma Desalting Plant (Michael A. Reuwsaat)
6. Resolution No. 2004-68: Relating to Subdivisions; Approving a Final Plat
for Twin Peaks Highland (Kevin Kish)
7. Request for Additional Planning Staff (Jane Howell)
8. Proclamation regarding Public Works Week (Harvey Gill)
Upon motion by Council Member Escobedo, seconded by Council Member
McGorray, the consent agenda was unanimously approved.
B. COUNCIL ACTION
PUBLIC HEARING - LDS Annexation - Relating to Annexation;
Consideration of the Town of Marana's desire to annex approximately
2830 acres in the vicinity of the Pima/Pinal boundary in northwest
Marana. This property lies within portions of Sections 34 and 35,
Township 10 South, Range 10 East, and Sections 2, 3, 4, 5, 8, 9, 10, 11, 14,
15, 16 and 17 Township 11 South, Range 10 East, Gila and Salt River
Meridian (Dick Gear)
Mr. Reuwsaat outlined this item. He said that it was the first mandatory
meeting related to the proposed annexation and that no action was
required at this time. He explained that, if the annexation was successful
and after the annexation process was completed, the annexation would
extend the Town boundaries along the Pinal County line adjacent to the
Pinal Air Park and up to the Santa Cruz River. He said the property owners
had been notified of the hearing as mandated by State law.
Upon motion by Vice Mayor Kai, seconded by Council Member Blake,
approval to go into a public hearing was unanimous.
Juan Voiles, property owner within the proposed annexation area, voiced
his opposition to the annexation. He said that he and his family chose not to
be a part of this action and requested that their property be excluded from
the annexed area.
4
Upon motion by Council Member Comerford, seconded by Council
Member McGorray, unanimous approval to go out of the public hearing
was given.
2. Ordinance No. 2004.10: Relating to Marana Regional Airport; Amending
the Marana Town Code by Adding a new Chapter 15 (Charles Mangum)
Charles Mangum addressed the Council regarding this item. He explained
that the proposed ordinance would amend the Town Code by adding a
new chapter which provided enforceable Town rules and regulations
governing the Marana Northwest Regional Airport.
Upon motion by Council Member McGorray, seconded by Council Member
Blake, Ordinance No. 2004.10 was unanimously approved.
3. Ordinance No. 2004.11: Relating to Marana Regional Airport; Adopting
Rates and Fees (Charles Mangum)
Mr. Mangum gave a brief explanation of this item and said that the current
rates and fees schedule was limited to only addressing the open tie downs.
He explained that the proposed schedule would provide coverage for
additional airport services. He said that both the FAA and the Arizona State
Aeronautics Division had reviewed and approved the adoption of the more
detailed and formal rates and fees schedule.
Upon motion by Council Member Blake, seconded by Council Member
Honea, Ordinance 2004.11 was unanimously approved.
Ordinance No. 2004.11: Relating to Marana Regional Airport; Adopting
Ultralight Aircraft Operating Rules (Charles Mangum)
Mr. Mangum explained the proposed ordinance adopting ultralight aircraft
operating rules. He said that the purpose of the action was to increase
safety for the ultralight aircraft users as well as for the other aircraft users at
the airport. He noted that the ultralight aircraft users would be required to
obtain a permit from the Town stating their understanding of the rules and
their agreement to abide by the established rules.
Mayor Sutton asked if these aircraft were fitted with radio equipment. He
said he was interested in how the ultralight aircraft operated currently and
how they landed at the Marana Northwest Regional Airport.
Mr. Mangum replied that the FAA did not require ultralights to be
equipped with radios. He said that visual flight rules existed at the airport
and that the ultralight aircraft were allowed to operate under Part 103 of
the FAA rules.
Upon motion by Vice Mayor Kal, seconded by Council Member Blake,
Ordinance No. 2004.12 was unanimously approved.
5. State Legislative Issues - Discussion/Direction/Action regarding all
pending bills before the Legislature (Mike Reuwsaat)
There was no report given at this time.
C. MAYOR AND COUNCIL'S REPORT
There were no reports given.
D. MANAGERS' REPORT
Mr. Reuwsaat thanked everyone who voted in the Pima County Bond Election
held today. He said that if all of the proposed bond issues passed then a
substantial amount of the Town's CIP budget over the next two years would
benefit from these measures.
X. FUTURE AGENDA ITEMS
Mr. Reuwsaat announced a budget study session for May 25th and, possibly,
another on the 27% if necessary. He said that Council discussion of the proposed
budget would be set for the June 1st Council meeting agenda and the final version
of the budget would be presented to the Council for approval on June 154.
Mayor Sutton asked about the motorized scooter ordinance recently passed by the
Tucson City Council. Mr. Reuwsaat asked that the Council members and senior
staff refer any questions or comments regarding this matter be passed along to the
Town Attorney for presentation on the June 1st agenda.
Mayor Sutton asked that Mr. Barr meet with Juan Voiles in order to discuss the
property owner's concerns regarding the LDS annexation.
XI.
ADJOURNMENT
Upon motion by Council Member Escobedo, seconded by Council Member
McGorray, approval to adjourn was unanimous. The time was 7:21 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the
Marana Town Council meeting held on May 18, 2004. I further certify that a
quorum was present.
Jocelyn Bronson, Town Clerk
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. A. 1
TO: MAYOR AND COUNCIL
FROM:
SUBJECT:
Richard Vidaun'i, Chief of Police
Resolution No. 2004-66: Relating to the Police Department;
Approving and authorizing the execution of an Intergovernmental
Agreement between Pima County and the Town of Marana Police
Department, a member agency of the High Intensity Drug Trafficking
Area Program Drug Grant Agreement (H.I.D.T.A. X1V)
DISCUSSION
The Intergovernmental Agreement (IGA) is a renewal of a current IGA with Pima County. This
agreement establishes certain guidelines for the disbursement of funds from the Federal grant
that reimburses the Town employee costs associated with one (1) of the Marana police officers
assigned to the Counter Narcotics Alliance (C.N.A., formerly M.A.N.T.I.S.).
The Office of National Drug Control Policy h as awarded funds to the Pima County Sheriffs
Department to be allocated to member agencies of the Arizona Southwest Border H.I.D.T.A.
Program. The Town of Marana will receive $48,920 for personnel costs related to one (1) of the
officer positions assigned to C.N.A. The Sheriffs Department is the administrator of the grant
funds.
The police department has two (2) police officers assigned to C.N.A. Funding for the second
position is through a separate grant, which the City of Tucson administers.
RECOMMENDATION
Staff recommends the approval of the Intergovernmental Agreement between Pima County and
the Town of Marana Police Department regarding the High Intensity Drug Trafficking Program
Drug Grant Agreement.
SUGGESTED MOTION
I move to adopt Resolution No. 2004-66.
Marana Regional Airport- Name Change June 1, 2004
MARANA RESOLUTION NO. 2004-66
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR
THE ADMINISTERING AND DISBURSEMENT OF FUNDS FROM THE HIGH INTENSITY
DRUG TRAFFICKING AREA PROGRAM DRUG GRANT AGREEMENT (H.I.D.T.A. XIV).
WHEREAS, the Town of Marana, Pima County, Arizona, recognizes its duty to protect
its citizens through effective police powers; and
WHEREAS, the Office of National Drug Control Policy (ONDCP) has awarded funds to
the Pima County Sheriff's Department to administer; and
WHEREAS, the Marana Police Department is a member of the H.I.D.T.A. Southwest
Border Alliance; and
WHEREAS, under the terms of the H.I.D.T.A. grant, the Marana Police Department may
receive up to $48,920; and
WHEREAS, attached hereto as Exhibit A and incorporated herein by this reference, an
agreement has been prepared which equitably sets out the rights and responsibilities of the Town
and the County in administering the H.I.D.T.A. grant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the Mayor is hereby authorized to execute the Intergov-
ernmental Agreement by and between the Town and Pima County, attached hereto as Exhibit A,
to allow for the distribution of said monies in accordance with the terms of the H.I.D.T.A. grant.
PASSED A ND ADOPTED B Y T HE MAYOR A ND COUNCIL O F THE TOWN OF
MARANA, ARIZONA, this 1st day of June, 2004.
ATTEST:
Mayor Bobby Sutton, Jr.
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
RSO 040601 HiDTA.doc
Marana Police Department
ARIZONA ALLIANCE PLANNING COMMITTEE (AAPC)
HIDTA EXECUTIVE BOARD
INTERAGENCY SERVICE AGREEMENT BETWEEN PIMA COUNTY AND MEMBER
AGENCIES OF THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM DRUG
GRANT AGREEMENT (HIDTA XIV)
Whereas, the office of National Drag Control Policy (ONDCP) has awarded $9,985,061
to the Pima County Sheriff's Department, a department of Pima County, a corporate and body
politic of the State of Arizona.
Whereas, the grant money is to be allocated to member agencies of the Arizona Southwest
Border HIDTA Program to be spent in accordance with (ONDCP) guidelines.
Whereas, the PIMA COUNTY SHERIFF'S DEPARTMENT (hereinafter referred to as PCSD),
a member of the HIDTA Program, is willing to act as the administrator of the grant funds.
This agreement is made by and between PIMA COUNTY through the PCSD, and the Marana
Police Department, hereinafter referred to as the GRANTEE. PIMA COUNTY is authorized to
enter this agreement pursuant to A.R.S 11-201, 11-251 and 11-951 through 11-954.
Now, THEREFORE, it is agreed between the parties as follows:
GRANTEE: Any State or Local agency in the State of Arizona who is a recipient of
HIDTA 2004 Grants.
BOARD: Defined as the Members of the Arizona HIDTA Executive Committee and its
Executive staff defined as the Arizona Alliance Plarming Committee. The day-to-day
compliance and review of HIDTA initiatives within the State of Arizona will be carried
out by the staff of the Arizona Alliance Planning Committee (AAPC) at the direction of
the Arizona HIDTA Executive Committee (AHEC).
ADMINISTRATOR: The accounting section of the Pima County Sheriff's Department
will handle the processing of vouchers for payment or reimbursement to the
GRANTEES.
This agreement is effective October 1, 2003 and will terminate on September 30, 2006.
Expenditures made on or after October 1, 2003 are eligible for reimbursement. This
HIDTA Program grant expires at the end of the agreement period, unless prior written
approval for an extension has been obtained from the Administrator/PCSD. This
decision will be made by the PCSD after consultation with the BOARD. Any extensions
will be contingent upon approval by cognizant federal authorities of an extension of the
HIDTA grant award number I4PSAP549 between the Office of National Drug Control
Policy (ONDCP) and PCSD. The GRANTEE agrees to return any unexpended funds to
the BOARD within 60 days of the expiration of this grant.
The GRANTEE agrees that HIDTA Program grant funds shall be used to support and
enhance activities intended to deter, investigate, and/or prosecute drug offenders. Grant
funds will not be used to supplant State and/or local funds that would otherwise be made
available for such proposes.
The GRANTEE shall operate in a manner consistent with, and in compliance with, the
provisions and stipulations of the approved HIDTA Program grant and this agreement. If
the Administrator/PCSD finds non-compliance, the GRANTEE will receive a formal
written notice, which identifies the area of non-compliance and the appropriate corrective
action to be taken. If the GRANTEE does not respond within thirty calendar days to this
notice, and does not provide sufficient information concerning the steps which are being
taken to correct the problem, the Administrator/PCSD may suspend funding or
permanently terminate the agreement or revoke the grant. Any deviations or failure to
comply with the purpose and/or conditions of this agreement without the permission fi-om
the Administrator/PCSD may constitute sufficient reason for the PCSD to terminate the
agreement and revoke the grant. It will also require the return of all unspent funds,
require an audit of expended funds be performed at GRANTEE'S expense, and require
the return of any previously expended funds which are deemed to have been spent in
violation of the purposes and conditions of the grant.
The approved program budget is shown below. The GRANTEE may make budget
adjustments of up to ten percent of the total budget of the grantee in any approved
initiative after notification in writing to the staff of the Arizona Alliance Planning
Committee and the Administrator/PCSD and after receiving the signature approval from
the Arizona HIDTA Director. Adjustments or reprogramming in excess often percent of
the grantee's budget in an initiative or any reprogramming between initiatives and or
agencies; in any amount, require the approval of the BOARD, the Southwest Border
HIDTA Coordinator, and the Office of National Drug Control Policy. Request for
budget adjustments or reprogramming must be submitted in writing to the AAPC.
Approved program budgets for the Marana Police Department in HIDTA 2004
initiatives:
Counter Narcotics Alliance (CNA formerly MANTIS)
$48,920
Total: $48,920
5. The GRANTEE agrees to comply with the financial and administrative requirements set
forth in Financial Management of HIDTA Funds, Version 2.
The GRANTEE agrees that it will provide accounting, auditing, and monitoring
procedures to safeguard HIDTA Program grant funds and keep such records to assure
proper fiscal controls, management, and the efficient disbursement of HIDTA Program
grant funds. Disbursement of HIDTA Program grant funds to the GRANTEE can be on a
reimbursement or advance basis. Reimbursement requests should be made on a monthly
basis to the Pima County Sheriff's Department Finance Unit. Requests for
reimbursement must include a detailed listing of expenditures summarized by budget
category. The request must contain receipts for equipment purchases which exceed
$1,000.00 in cost. Supporting documentation for all expenditures will be kept available
by the GRANTEE for audit and review purposes for a period of 3 years (Ref. HIDTA
Financial & Administrative Guidelines, Volume 2, J-31). Advances for expenditures
may be requested to be made within a thirty-day period. The request must be signed by
an authorized representative of the GRANTEE.
7. Prior to the expenditure of confidential funds, an authorized agent of the GRANTEE shall
sign a certification indicating that he or she has read, understands, and agrees to abide by
all of the conditions pertaining to confidential fund expenditures as set forth in Financial
Management of HIDTA funds, Appendix F.
8. The GRANTEE agrees to submit periodic financial and performance reports to the
BOARD, on forms provided by the BOARD, documenting the activities supported by the
HIDTA Program grant funds and providing an assessment of the impact of those
activities on drug trafficking. The reports shall be submitted at specific timetables to be
determined by the BOARD and the Office of National Drug Control Policy.
9. Budget item submissions for equipment and other contract items are accepted as best
estimate only and are not deemed approved at that price. The GRANTEE is required to
assure such items are not duplicative or excessive, and should make market survey and
obtain the best pr/ce available. The GRANTEE shall follow the same procurement
policies and procedures that it uses for obtaining non-federal funds. The GRANTEE will
comply with all applicable procurement laws.
10. Equipment acquired under this grant program must be used by the GRANTEE in the
program or project for which it was acquired as long as needed, whether or not the
project or program continues to he supported by Federal funds. When no longer needed
for the original program, the equipment may be used in other activities supported by the
Office of National Drag Control Policy (ONDCP). The GRANTEE may dispose of the
original equipment when no longer needed or supported by the ONDCP. Items with a
current per-unit fair market value of less than $5,000.00 may be retained or sold and the
ONDCP shall have a right to an amount as stated in the Financial and Administrative
Guide for Grants (OJPM7100.0D).
11. This agreement may be modified only by a written amendment signed by persons duly
authorized to enter into agreements on behalf of the PCSD and GRANTEE. Any notice
given pursuant to this agreement shall be in writing and shall be considered to have been
given when actually received by the following addresses or their agents or employees.
a. If to the PCSD
PIMA COUNTY SHERIFF'S DEPARTMENT
1750 East Benson Highway
Tucson, ,M'izona 85714
Atto: Betty Cohen
HIDTA Accounting Officer
b. If the GRANTEE.
Marana Police Department
13291 North Lon Adams Road
Marana, AZ 85653
Atto: Chief Richard Vidaurri
12. The GRANTEE agrees that in the event that a Federal or State court, or Federal or State
administrative agency, after a due process hearing, makes a finding of discrimination on
the grounds of race, color, religion, national origin, sex, age, or handicap against the
GRANTEE regarding the program or activities supported by the HIDTA Program grant,
the GRANTEE will forward a copy of such findings to the PCSD and the BOARD.
13. The GRANTEE acknowledges that it is acting independently and that it retains sole
responsibility for payment of salary of any of its employees including any hired with
grant funds. Grantee agrees that it is solely responsible for the payment of all federal,
state, and local taxes associated with compensation pursuant to this agreement. Grantee
also agrees that it is solely responsible for worker's compensation and any other benefits
due to its employees.
14. The GRANTEE agrees to insure, defend and hold harmless, PCSD, Tucson Airport
Authority (TAA), the Grant Administration and Pima County, its officers, departments,
employees and Agents for any vicarious, derivative liability which may arise as a result
of this contract.
15. Grantee agrees to maintain insurance pursuant to Arizona Law.
16. "COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT. Grantee shall
comply with all applicable provisions of the Americans with Disabilities Act (Public Law
101-336, 42 USC 12101-12213) and all applicable federal regulations under the Act,
including 28 CFR Parts 35 and 36."
17. This contract is subject to the provisions of A.R.S #38-511 which provides in pertinent
part:" The state, its political subdivisions or any department of either may, within three
years after its execution, cancel any contract, without penalty or further obligation, made
by the state, its political subdivision, or any of the departments or agencies of either if
any person significantly involved in initiating, negotiating, securing, drafting, or creating
the contract on behalf of the state, its political subdivisions or any of the departments or
agencies of either is, at any time, while the contract or any extension of the contract is in
effect, an employee or agent of any other party to the contract with respect to the subject
matter of the contract.
18. All parties agree to comply with all applicable nondiscrimination requirements of ARS
#41-1463, all applicable State and Federal civil fights laws, and Executive Order 99-4.
19. GRANTEE agrees to support and cooperate, to the extent possible, the missions, goals
and objectives of the Arizona HIDTA Intelligence and Operations Support Center and the
annual policy guidance for the High Intensity Drug Trafficking Area Program.
THE SPACE BELOW IS LEFT BLANK INTENTIONALLY
IN WITNESS WHEREOF, the parties have made and executed this agreement the day and year
first written:
FOR THE GRANTEE:
~authority granted by law (For the GRANTEE)
Statutory or other legal authority to enter into this agreement: (grantee)
FOR THE GRANTOR:
For the Pima County Sheriff's Department:
Approved as to form and as to authority granted by law
Deputy County Attorney, Pima County
For the Pima County Board of Supervisors
Chairperson
Attest:
Clerk of the Board
Budget Detail Report FiscalYear: 2004
HIDTA Location: SWB Arizona Grant: I4PSAP549
Task Force: Metropolitan Area Narcotics Trafficking Interdiction Squad (MANTIS)
Recipient Agency: Pima County Sheriff's Department
Resource Agency: Marana Police Department
Personnel: Name Annual Time Amount
Police Officer $39,135.00 I $39,135
Total Personnel: $39~135
Benefits: Name Annual Time Amount
Police Officer $9,785.00 1 $9,785
Total Benefits: $9~785
Total: $48,920
Page 35 of 68
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. A. 2
TO: MAYOR AND COUNCIL
FROM:
SUBJECT:
Richard Vidaurri, Chief of Police
Resolution No. 2004-69; Relating to the Police Department;
Approving and authorizing the execution of an Intergovernmental
Agreement between Pima County/Tucson Metropolitan Counter
Narcotics Alliance (C.N.A.) and the Town of Marana Police
Department, a member agency of the Counter Narcotics Alliance
(C.N.A.) Program Drag Grant Agreement.
DISCUSSION
This Intergovernmental Agreement is a renewal of a current I.G.A. with Pima County/City of
Tucson. This agreement establishes certain guidelines for the disbursement of federal grant
funds received from the Arizona Criminal Justice Commission that reimburses the Town
employee costs associated with one (1) of the Marana police officers assigned to the Counter
Narcotics Alliance (C.N.A. formerly M.A.N.T.I.S.)
The City of Tucson has received a grant of federal funds from the Arizona Criminal Justice
Commission to be allocated to member agencies of the multi-agency drug task force designated
as the Pima County/Tucson Metropolitan Counter Narcotics Alliance (C.N.A.). The Sheriff's
Department/City of Tucson are the administrators of the grant funds.
The police department has two (2) police officers assigned to the C.N.A. Funding for the second
~osition is through a separate grant, which Pima County administers.
RECOMMENDATION
Staff recommends approval of the Intergovernmental Agreement between Pima County/City of
Tucson and the Town of Marana Police Department regarding the Counter Narcotics Alliance
(C.N.A.) Program Drug Grant Agreement.
SUGGESTED MOTION
I move to adopt Resolution No. 2004-69.
CNAbluesheet 5/25/2004
MARANA RESOLUTION NO. 2004-69
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PEVIA
COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (C.N.A.) AND
THE TOWN OF MARANA POLICE DEPARTMENT, A MEMBER AGENCY OF THE
COUNTER NARCOTICS ALLIANCE (C.N.A.) PROGRAM DRUG GRANT AGREEMENT.
WHEREAS, the Town of Marana, Pima County, Arizona, recognizes its duty to protect
its citizens through effective police powers; and
WHEREAS, the Arizona Criminal Justice Commission has awarded funds to the City of
Tucson to administer; and
WHEREAS, the Marana Police Department is a member of the Pima County/Tucson
Metropolitan Counter Narcotics Alliance (C.N.A.); and
WHEREAS, the primary goal of the C.N.A. is that drug enforcement in the Pima
County/Tucson metropolitan areas be conducted in a concerted effort, in order to maximize
available resources; and
WHEREAS, attached hereto as Exhibit A and incorporated herein by this reference, an
agreement has been prepared which equitably sets out the rights and responsibilities of the Town
and Pima County/City of Tucson in administering the C.N.A. grant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, authorizing the Mayor to execute the Intergovernmental
Agreement by and between the Town and Pima County/City of Tucson, attached hereto as
Exhibit A, to allow for the distribution of said monies in accordance with the terms of the C.N.A.
grant.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1st day of June, 2004.
ATTEST:
Mayor Bobby Sutton, Jr.
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
5/23/2004 2:34 PM
INTERGOVERNMENTAL AGREEMENT
FOR
PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLI.&NCE (CNA)
WHEREAS, the City of Tucson has received a grant of federal funds fi'om the Arizona Cldmirta] Jus~dce
Commission in the total amount of $867,770 for admixfistrafion ofa mulfi-~ency drag rusk force in the Tucson
metropolitan area &signaled ~s the Pima County/Tucson Metropolitan Counter Narcotics Alliance (hereinafter
"CNA)'; and
WHEREAS, the Arizona Criminal Justice Commksion may fi'om time to time proxdde the City of Tucson
w/th additional grants to implement such law enforcement projects, and
WHEREAS, Pima County has received a grant of federal funds for eleven positions assiLmed to the Pima
County~Tucson Me'a-opolitan Counter Narcotics Alliance, from the federal pro, am Hi~h Intensity Drag
Trafficking Areas (hereinafter "HIDTA"), to further its pfimm3, goal of significantly reducing unlawful
narcotics activity in the Pima Count3, metropolitan ~ and
WHEREAS, the City ofTucsork Pima County, the Town of~Oro Vall~, dae Town of Mamn,~ t~e City of
South l~acsork lhe Arizona Board of regents, and the Stat~ of ATfizona, pursuant to A.R.S. §13-3872, and in
accordance with flae provisions of A_R.S. Title 11, Chapter 7, Article 3, and ~ authorized by appropriate action
of the governing body for each party, desire to enter into this mutual aid agreement on behalf of their various
law enforcement agencies wi~h respect to such ~u~t~, and ::
WHEREAS, the City of Ttmson is empowered by Tucson Charier Chapter X, Section 7, to maintain a
Police Department for the purposes stated herein and is authorized to contram by Tucson Charter Chapter
Section I, and.
WHEREAS, the Shefiffof Pima Count), is empowered by A.1LS. §11441, et. seq. to mainm/n a Sheriffs
Department for the purposes stated therein and the County Board of SupetMsors is empowered by ARS §I 1-
201 to enter into conWacts on behalf of the County Sheriff's Depa~ unen~ and
WHEREAS, the Town of Oro Valley is empowered by A_tLS. Title 9 to contract and by A_ILS. §9-
240(BX12) to maintain the Oro Valley Police Department for the purpose stated lhereixk and
WHEREAS, the Town of Marana is empowered by A.R.S. Title 9 to conlract and by A.R.S. §9-
240(B)(12) to maintain a Police D~arlment for the pm'poses staled therein, and
'~,I-EEREAS, the City of South Tucson is empowered by A.1LS. Title 9 to conn'act and by A.R.S. § 9-
240(B)(12) to maintain the South Tucson Police Department for the purposes stated therein, and
WHEREAS, the Arizona Board of R~ents is empowerec~by A.R.S. §15-1627(F) to maintain the
Un/versi~' of Arizona Po[ice D~am'nent for the purpose% stated therein and by .~_ILS. §15-1625 m enter into
conmacts on behalf of the Un/versi~' of ?a/zona Ponce D~mnmen~ and
XX~.REA_S, tine D~a'.nmr of ?ablic s~e3' is ~rnp~were~ by A.R.£. §41-i 7 i2 re m~'~:~n z nz~-zofics
ev~orc, emenr and ~ai inve~gafion dMsior~ and
WHEREAS, implementation of this intergovernmenta/ Ageement will substantia/b, further the public
safe~-, health, and welfare:
NOW, THEREFORE, the parties do hereby agree as fol/ows:
ARTICLE I DEFINITIONS
A. "Party" means each of the govmamental entities that have executed Otis a,_m'enment
"Chief Law Enforcement Officer" means thai person who is a "department or agency head with peace
officer jurisdiction, or his duly authorized representative, having the primary respor~ibiliLy for law
enforcement within the jurisdiction or territory," as such phrase is used in A.R.S. §13-3871, whether
designated by appointment or election.
C. "CNA" means the Pima County/Tucson Metropolitan Counter Narcotics Alliance. The governmental
entites maldmg up the CNA are the City of Tucson, Pima County, the Town of Oro Valle3; the Town of
Maraua, the City of South Tucson, the Arizona Board of Regents, the State of Arizona and the Un/ted
States Oov~mnent
ARTICLE 2 PURPOSE
The primary goal of the CNA ks that drag enforcement in the Pima County and Tucson metropolitan areas be
conducted in a concerted effort, in order to maximi?e available resources. Enforcement will be addressed fi.om
the street level to the international level through cooperation of local, State, and Federal agencies, and Arizona
I-E[DTA initiatives. This Alliance will be an interrelated drug and and-terrorism enforcement effort that shares
resources and intelligence in ~he successful interdiction of illegal narcotics.
ARTICLE 3 OBJECTIVES
Pro~mam objectives include the following:
1. Reduce the rate of crime associated with drag traffictdng and drug use.
2. Enact strategies that w/Il serve to interdict the availability, shipment, and flow of illicit narcotics within
and thro ~ugh the Pima CountyFFucson Metro sen,ice are,~.
3. Employ investigative and enforcement strategies that target offenders, locations, and organizations
involved in activities assoc/ated with illicit narcotics.
4. Use intell/gence driven enforcement to focus collaboradve resour~s.
5. Work toward reducing the demand, prevalmce, and chrorfic use ofilhcit narcotics.
2
,ARTICLE 4 JURISDICTION
The CNefLaw Enforcement Officers of each of the parries hereto indixddually consent to the extension of
peace anthori~, into their jurisdiction or territory, by the peace officers assigned to the CNA by the Chief
Law Enforcement Officers of the other parties, in accordance with the pro',4sions of A.R.S. §13-3872.
Nothing in this agreement shall be consn-ued as either limiting or extending the lawfal jurisdiction of any of
the parties, other than as ex-pressly set forth herein.
ARTICLE 5 PLAN,'NTNG AND ADMINISTRATION
A. Establishment of and Powers of Policy Board:
1. The CNA will be governed by a Policy Board having final authority for its operation.
2. The Policy Board shall establish policies to select cases to be investigated; allocate, focus, and
manage project resources; and provide oversight of preject investigations.
3. The Policy Board will disburse any forfeited funds or }'cml propealy to members oftheCNA or the
~County/(ttqmey's And-Racketeering Fund pursuant m-the provisions of A.R.S. ~13-2314 and
13-2315, with the exception of any forfeiture generated by the participating federal jurisdictions.
4. Forfeiture investigation and analysis will be conducted by the Financial Remedies & Property
Management Units assigned to CNA and administered by the Tucson Police Department.
5. The Policy Board shall meet monthly be=4nning January, 2004. The CNA Commander shall make
quarterly reports to the Policy Board.
6. Minutes will be kept of all meetings, and members shall be notified of meeting.
7. A quorum of three-quarters of the Board will be sufficient to take Board action.
B. MEMBERSI-IW OF POLICY BOARD
1. Each member of the Policy Board shall have an equal vote.
The Policy Board will consist of the ck/ef law enforcement officer or, in the case of federal
agencies, the head of the Tucson office, fi-om the following agencies: Pima Cotmty Sheriff's
Deparmaent, Tucson Police Department, Arizona Department of Public Safety, Federal Bureau of
Investigation, Drag Enfomement Administration, and C, nstoms and Immigration Enforcement.
A sin~e policy board member sele~ted fi.om among the!r ranks shall repres~t the remaining
parties (participafingjudsdicfious~ to t/tis ~a~cement on {~e policy board. Initially. the South
Tucson Police Chief shall serve as the pa~qScipafing jur/sdicfion representative.
4. ..'D~e cli/efofficer ofea:l~ law enforcement agency-.'ne5' appoint a desi?.ee to fi::l 5~e zNefs
position on Lhe Polizy Be, ar& A designee ~nay' exerzise the appointing zhie£s
Both the policy board chairperson and vice-chairperson positions s}mll rotate among the
sponsoring agencies. Initially, the cha/rperson shall be Tucson Drug Enforcement Administration
Assistant Special Agent-in-Charge and the vice-chair shall be the Tucson Police Department
Chief. The terms of these positions shall not exceed one year.
OPERATIONAL COMlvL~ND
Operational command of the CNA will initially be the responsibility of the Tucson Police
Department. The Tucson Police Department will assign a Police Captain to command the CNA.
This individual will be responsible to the Policy Board for carrying out approved policy.
CNA commanders will serve a term of three years, beginning with the Tucson Police Department,
and may be appointed from the Tucson Police Department, Pima Count), Sheriff's Department or
the Arizona Department of PubLic Safety. With the approval of the selected agency, the policy
board will select the agency that w/il provide the commander.
PROJECT ADMINISTRATION AND REPORTFNG
The Tucson Police Depu~tment shall assume responsibility for project adrnlnlqU'afive and financial
matters, such as contract adminiqffalJ. On; acconntillg, equipment purchase, project evaluation; funding
.)._o. urce rep6rt~ and submission of proposals for further furl.ding.
The Tucson Police Depa,lment shall establish requirements for the provision of documentation
necessary to leimbarse participating agencies for grant approved expenditures. All grant-funded
expenditures must comply with current federal r ~egulations and the grant contract with the Arizona
Criminal Justice Commission.
STAFF
The CNA shall include staff fi-om grant-funded and non-grant funded sources. Grant funded
positions shall be allocated by the pohcy board to state or local agencies, with the perspective of
encouraging and mainmlnlng a multi-jurisdictional stalE. Grant funded positions will not be
allocated to federal agencies.
Personnel selected to t5li gaaut-funded positions shall be chosen in accordance with federal affirmative
action guidelines. Agencies providing grant funded employees ~a.~a.~a.~a.~a.~e to pay the salaries and fringe
benefits for said employees and submit documentation, as required by the Tucson Police Dep~,unent,
for reimbursement under the grant. Agencies receiving grant funds ~ to preserve and make
available all salary and fringe benefit records for a period of five (5) yearn fi-om the date of final
payment, or for a longer period of time if required by state or federal regulation. Agencies providing
~m-ant funded positions shall not use these positions to supplant currently budgeted positions.
PRO\rlSION OF EQUIPMENT AT GRANT TERMINATION
.An)' equipment purchased with Kant funds shall be disbursed in accordance with the federml
guidelines at the time ~e grmnt is terminated. The Policy Bom~d ma)- ~sburse ~mnt fmnfed
equipmem to pm~cipafimg ~cies. if these ag~cies provide ~ne Tuzson Police Depm~n:n; wkh
~x~uen assm"mnce thaz said equlpmen? ~SH be used L-., r~,e c:-hnin~ jusv.:ce system and cor, s~sien:
xvld~ those ob. iez~x'es outl/ned in_ the CNA ~t appiicafion. Equipmen? proxSded by pm-fizipav?:g
~encies shall be returned to the ~en~' supplying such equipment.
ARTICLE 6 EFFECTIVE DATE AND TERM
This agr~ eement will become effective upon the day a fully executed agreement is filed in the Office of
lhe Pima County Recorder pursuant to A.R.S. §11-952 sod shall continue in force until December 31,
2004. In the event that other grants are forthcoming or funds fi.om other sources become available for
continuation, this agreement shall be rene,,ved annually, not to exc. a::d a period of five years.
ARTICLE 7 TERMINATION
This Agreement ma}, be term/rimed al: soy time by mutual writmn consent or by any part}., terminating
the agreement as to such party by giving not less than sixty (60) days wfitlen not/ce to the other parties.
In the ewent of such termination, each party shall retain possession of its separately owned equipment
and property. Any party whose participation in the Aineement is terminated for any reason, prior to
the expiration of the initial term or during c-'xtended terms as specified in ARTICLE 6 above, shall
return any eqmpment purchased with g,a~lt funds to the Polio' Board.
This contr~t is subject to cancellation by the parties purs~sot to A. KS. §38-511.
ARTICLE 8 LIMITATION OF LIABILITY
For the proposes of worhnan's compensat/on, an c-mployee ora party to this ~agreement, who works
under the jurisdiction or control of; or who works within the jurisdictional boundaries of another party
pursuant to this particular intergovernmental agreement for mutual aid in law enforcement, shall be
deemed to be an employee of the party who is the employee's primmy employer and of the party under
whose jurisdiction and control the employee is then worldng as provided in A.R_S. ~23-1022(I)) and the
primary employer party of such so employee shall be solely liable for p .ayment of worker's
compermabon benefits for the purpose of this section. Each party, herein shall compb, with provisions
ofA.R.S. ~23-1022(E) by posting the public not/ce requ/red.
Except for the purposes of worker's compensation as noted in the preced/ng paragon,ii of this Article,
each part~ ~hall be solely responsible and liable for claims, d~nands or jurt,gments (including costs,
expenses sod attorney fees) remlting from personal injmy to any person or damage to any property
arising out of its own employee's performance under ttgs agreement Each party shall have the right of
conm'bution a.o?in~ the other parties with respect to tor~ liability ju ~dgments should multiple parties
under ~ _agreement be found liable. Th/.s right of con~ibution shall not apply to an}, settlement or
demand and ~eh party shall be solely responm'ble for its own acts or omissions sod those of its officers
and ;atployees by reason of its operations under this ~a.~eement This responm'bility includes
automobile liability. Each party represents that it shall maintain for the duration of this agr~ eement
liability inmn-anm. Tl~e parties may fiflfill their obligation,s,, by pro~m'mns of self-insursoce providing
protection.
Eazh paR' ~s to be sole!y responsible far a~ny ex.'?ns~ r~suifing fi.om ind. us-~ii ;.ns'xrzn:: by im
~ployees/n:u.-'red as a res'al: of op~,~ons und~ ~2s a_z~ emn~_,~:.
ARTICLE 9 HU,'MAN RELATIONS
Each party will comply with human relations prox4sions of its respective code and Federal .M:firmative
Action ~delines requked by this contract.
ARTICLE 10 METHOD OF EXTiCUTION
This ~agreement may be executed in one or more identical counterparts each of which shall be deemed
an original, but all of which token together shall constitute one ~ent
ARTICLE ! 1 NOTICE
Any notice given pursuant to this contract shall be in writing and shall be considered to have been
given when a~mlly received by the following addresses or their ~ents or employees:
Tucson Chie£ofPollce
Tucson Police Der?~uuent
270 S. Stone Ave.
Tucson, Arizona 85701
. Pima. County Sheriff
Pima County Sheriff's Deparmaent
1750 E. Benson Hwy.
Tucson, Arizona 85714
Director, AZ Department of Public Safety
P.O. Box 6638
Phoenix, Arizona 85005
South Tucson Chief of Police
South Tucson Police Department
P.O. Box 7307
South Tucson, Arizona 85725
Mm'aha Ckief of Police
Marana Police Depm tment
13291 N. Lon Adam~
Marana, Arizona 85653
Crc Valley Chief of Police
Crc Valley Police Department
680 W. Calle Concordia
Crc Valley, Arizona 85737
Chief of Police
Uaiversity of.,~'/zona Police Department
1852 E. 1'~ Street
Tucson, Arizona 85721
LN '¢,rlTNESS ~IEREOF, the Chief Law Enforcement Officer or Chief Executive Officer of the part/es
hereto have severally given their respective consents authorized by .&.KS. §13-3872 and the parties hereto have
executed this ~agrenment by and thro ~ugh their respective officers duly author/ze&
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. A. 3
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
Richard Vidaurri, Chief of Police
Resolution No. 2004-70: Relating to the Police Department;
Approving the submission of projects for consideration in Arizona's
2004 Highway Safety Plan.
DISCUSSION
The Marana Police Department is submitting a request for funding in the form of reimbursable
grants from the National Highway Traffic Safety Administration and the Federal Highway
Administration through the Governor's Office of Highway Safety (G.O.H.S.)
The Town Council must approve the submittal of the request for funding before any
consideration is granted. Staff should receive notification in October as to whether this grant is
approved.
The proposal for funds is for equipment and overtime totaling $43,440.80. The grant will allow
the police department to purchase equipment that will enhance our traffic enforcement efforts,
specifically radar units, speed detection / portable breath testing (PBT) devices. Funding for
overtime will allow the Police Department to fully participate in the Southern Arizona DUI Task
Force.
This funding for equipment and overtime will enhance the police department's commitment to
~mprove traffic safety within the Town.
RECOMMENDATION
Staff recommends approval of the request relating to the Police Department pertaining to the
submission of projects for consideration in Arizona's 2004 Highway Safety Plan.
SUGGESTED MOTION
I move to adopt Resolution No. 2004-70.
GOHSgrantPBTsO4.doc 5/22/2004 2:55 PM R V/FJC
MARANA RESOLUTION NO. 2004-70
RELATING TO THE POLICE DEPARTMENT; APPROVING THE SUBMISSION OF
PROJECTS FOR CONSIDERATION IN ARIZONA'S 2004 HIGHWAY SAFETY PLAN
WHEREAS, the Governor's Office o f Highway Safety is seeking proposals from state
and local jurisdictions for projects relating to all aspects of highway safety; and
WHEREAS, the Town of Marana, through the Police Department, is interested in
submitting projects to be considered for funding in the form o freimbursable grants from the
National Highway Traffic Safety Administration and the Federal Highway Administration; and
WHEREAS, the Town Council must approve the submittal of the request for funding
before any consideration is granted for equipment and overtime totaling $43,440.80; and
WHEREAS, the grant will provide overtime monies and allow the Police Department to
purchase equipment that will enhance our traffic enforcement efforts, specifically radar units and
speed detection/portable breath testing (PBT) devices, to fully participate in the Southern
Arizona DUI Task Force.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. Approval of the filing of projects for consideration in Arizona's 2004
Highway Safety Plan is granted.
RSO 1G,~ AZ 2004 Highway SafeO; Plan.doc 5/24/2004
SECTION 2. Richard Vidaurri, Chief of Police, is appointed agent for the Town of
Marana, to conduct all negotiations on its behalf and to execute and submit all documents and
any other necessary or desirable instruments in connection with such grant.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1st day of June, 2004.
Mayor Bobby Sutton, Jr.
ATTEST:
JocelynC. Bronson, TownCle~
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
RSO IGA AZ 2004 Highway Safely Plan. doc RV/FJC
2
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. A. 4
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
Kevin Kish, Interim Planning Director
Resolution No. 2004-67: Relating to Subdivisions; Approving a Final
Plat for The Gallery Resort Parcel.
DISCUSSION
This application is for a 15-unit single-family subdivision on 31.37 acres within the Dove
Mountain Specific Plan, located north of Dove Mountain Boulevard and east of Gallery Place, in
a portion of Section 24, Township 11 south, Range 12 east.
The existing land use designation is MDR (Medium Density Residential) per the Dove Mountain
Specific Plan. The developer is proposing a density of 0.5 RAC which corresponds to a typical
lot size of 81,714 square feet. Total miles of private streets are 0.23 miles.
A ten-foot private driveway and utility easement will provide access to Lot 1. Lots 2 and 6 are
served by a 30' access from Guardian Place. Lots 9 and 12 are a "flag-lot" configuration;
however, the lot frontages exceed the minimum 30' frontage requirement.
Open space areas have been provided at two areas to buffer existing homes in The Gallery Parcel
I subdivision. The total area of open space provided is approximately 1.45 acres. Common Areas
are used for private streets (Common Area A), for Open Space (Common Area B), and for a
>rivate drive (Common Area C).
This plat has been reviewed by all reviewing agencies and has received approval from all,
including the Dove Mountain ARC.
RECOMMENDATION
Staff recommends approval of Resolution No. 2004-67, approving a Final Plat for The Gallery
Resort Parcel, PRV-01094.
SUGGESTED MOTION
I move to approve Resolution No.2004-67.
051804 060104 The Gallery Resort Parcel Final Plat,doc
05/07/04
MARANA RESOLUTION NO. 2004-67
RELATING TO SUBDIVISIONS; APPROVING A FINAL PLAT FOR THE GALLERY
RESORT PARCEL.
WHEREAS, Cottonwood Palo Verde, L:LC is the owner of 31.37 acres within the Dove
Mountain Specific Plan, generally located in a portion of Section 24, Township 11 South, Range
12 East, and has applied for approval of a Final Plat for 15 lots on 31.37 acres; and
WHEREAS, the Marana Town Council has considered the project at the regular Town
Council meeting, June 1, 2004 and has determined that the Final Plat for The Gallery Resort
Parcel satisfies all Town requirements and should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Final Plat, submitted by Cottonwood Palo Verde, LLC for a 15-lot
single family detached home subdivision on 31.37 acres located north of Dove Mountain
Boulevard and east of Gallery Place, in a portion of Section 24, Township 11 South, Range 12
East be approved.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1st day of June 2004.
Mayor Bobby Sutton, Jr.
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Resolution 2004-67 The Gallery Resort Parcel Final Plat. doc Skyranch
05/20/04
TOWN OF MARANA
Planning and Zoning Department
3696W. Orange Grove Road+Tucson, AZ85741
(520) 297-2920 Fax: (520) 297-3930
PLANNING & ZONING APPLICATION
o~.I.-sTa~EOFfA~PLICATION (Ch~k One~%~.~,,:~-~ .>:_.;,;:;.~, .:.: ~ ~ , . ~,:-: :...,~.,, ]
t21 Preliminary Plat [l General Plan Amendment 12l Variance
~1 Final Plat D Specific Plan Amendment D Conditional Use Permit
D Development Plan O Rezone I~ Other
ri Landscape Plan 121 Significant Land Use Change
Q Native Plant Permit
Assessor's Parcel General Plan Designation
Numbeffs) 218-40-0690 (To be confirmed by staff/ Dove Mtn
Gross Area (Acre/Sq. Ft.) Cun'ent Zoning IX:me
31.37 AC; i, 336,316 SF (To be confirmed by stafo MtnResort
Development/ Proposed Zoning
Project Narne ~ Gallery Resort. l:~rool Same
Project Location
Dove Mountain Section 24, T 11, R 12
Description of Project
15-lot sinq'le familw residential subdivision
Property Owner
Cottonwood Palo Verde, U~
Street Address City State
14000 Dove Mountain Blvd. lqarana Ag
~.' a*~5~.' ' ~ '~:; Zip Code Phone Number Fax Number[] E-Mail Address
~....... :.~ -'~ . ":- _"~:. 85653 (520) 7~.~. 2555 (520) , 7~-~- 3323
Contact Person Phone Number
Art Powell
Applicant
Street Address ~ ~' -- ~ City State
1745 East River Road, Suite 101 Tucson Ag
.~) .; .,~,~.~ .... Zip Code Phone Numb~ Fax Number E-Mail Address
I
~ ~,.;.., := .... ~_.~ -- 85718 (520) 795-1000 (520) 322-6956 jkin~ricken~ineer:
Contact Person Phone Number
James King, Bruce P~ton
Agent/Representative
Street Address [city I State
.~?~-~-":£ - ': ~'~ ~';<~-;/,¢:'~:; - ;- Zip Code Phone Number Fax Number E-Mail Address
Contact Person Marana Buaines~ License No.
I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the
owner of the property or that I have been authorized in writing by the ox~er to file this application. (If not owner of record, attach
written authorization from the owner.) / / [/,
Print Name of A?plic2(nt/Asent [ [ Signature
FOR OI~FICE USE ONLY
~ PRV-0194 FP
M/~r~ANA The Gallery Resort Parcel
TOWN OF MARANA
II
II
II
~ requost for approval of a ~5-1ot sin~lo-family subdivision
on 3~.37 acros within the Dove Mountain Spocific ~lan.
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BOOK
BOOK PAGE
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. A. 5
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2004-72: Relating to Development; Approving the Notice
of Amendment to General Notes on Gladden Farms Final Block Plat
DISCUSSION
This item revises three general notes on the face sheet of the Gladden Farms Final Block Plat
recorded at Book 55 of Maps and Plats, Page 60, Pima County Recorder's Office.
General note 16 of the Gladden Farms Final Block Plat deals with acquisition of public infra-
structure. It is being amended to conform to the specific requirements of the newly formed Glad-
den Farms Community Facilities District. The Town's bond counsel, Michael Cafiso, suggested
that the note be revised and provided the wording of the revised note. The revised wording of
general note 16 should minimize any legal hurdles to developer reimbursement from Gladden
Farms Community Facilities District for public infrastructure within Gladden Farms.
The revision to general note 20 provides for a maximum of 1,850 dwelling units within Gladden
Farms. This makes the general note consistent with paragraph 3.1 of the First Amendment to the
Gladden Farms Development Agreement approved by the Town Council on February 17, 2004.
The original general note 20 provided for a maximum of 2,012 units.
New general note 26 provides a $500 building permit fee credit for construction of a residence
on each lot that has a non-potable water connection to the lot line. Town staff and the developer
encountered a disagreement about whether each individual residential lot within Gladden Farms
~s required to be served with non-potable water. This note carries out the settlement of that dis-
agreement - each individual residential lot within Gladden Farms will in fact have a non-potable
water connection, but a $500 building permit fee credit will be provided to offset the additional
costs of providing the connection.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2004-72, approving and authorizing the Mayor to
execute the instrument entitled "Notice of Amendment to General Notes on Gladden Farms Final
Block Plat."
SUGGESTED MOTION
move to adopt Resolution No. 2004-72.
BLU 040601 Gladden Farms Plat Notes Amendment. doc 5/24/2004 5:23 PM FJC
MARANA RESOLUTION NO. 2004-72
RELATING TO DEVELOPMENT; APPROVING THE NOTICE OF AMENDMENT TO
GENERAL NOTES ON GLADDEN FARMS FINAL BLOCK PLAT.
WHEREAS, the Town approved the Gladden Farms Final Block Plat on December 4, 2001
by Resolution No. 2001-155; and
WHEREAS, the Gladden Farms Final Block Plat was recorded in the Pima County Re-
corder's Office at Book 55 of maps and plats, Page 60; and
WHEREAS, the Town Council finds that three of the general notes on the Gladden Farms
Final Block Plat should be amended to conform to events that have occurred since December 4,
2001; and
WHEREAS, the current owners of all property depicted on the Gladden Farms Final Block
Plat have executed an instrument entitled "Notice of Amendment to General Notes on Gladden
Farms Final Block Plat"; and
WHEREAS, the Town Council finds that it is in the best interests of the Town to approve the
Notice of Amendment to General Notes on Gladden Farms Final Block Plat.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The instntment entitled "Notice of Amendment to General Notes on Gladden
Farms Final Block Plat" attached to and incorporated by this reference in this resolution as Exhibit A
is hereby authorized and approved.
SECTION 2. The Mayor is hereby authorized to execute said Exhibit A and the Town Clerk
is hereby authorized to attest thereto for and on behalf of the Town of Marana.
SECTION 3. The Town Manager, Town Attorney and other Town staff are hereby author-
ized to undertake all other tasks required to carry out the terms, obligations, and objectives of said
Exhibit A.
RSO 040601 Gladden Farms Plat Notes Amendment. doc - 1- 5/24/2004 5:43 PM FJC
PASSED, ADOPTED, AND APPROVED by the Mayor and Council of the Town of Marana, Ari-
zona, this 1st day of June, 2004.
ATTEST:
Mayor Bobby Sutton, Jr.
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
RSO 040601 Gladden Farms Plat Notes Amendment. doc -2- 5/24/2004 5:43 PM FJC
NOTICE OF AMENDMENT
TO GENERAL NOTES ON
GLADDEN FARMS FINAL BLOCK PLAT
The undersigned, who are all and the only parties having any record title interest in the
property depicted on the final subdivision plat entitled "Gladden Farms Blocks 1 thru 25
and A thru F Final Block Plat" (the "Gladden Farms Final Block Plat") recorded at Book
55 of Maps and Plats, Page 60 in the Pima County Recorder's Office, with the consent
and approval of the Town of Marana, hereby modify the General Notes shown on the
cover sheet of the Gladden Farms Final Block Plat as follows:
General Note 16 is modified to read as follows:
Notwithstanding any other note found on the Gladden Farms Final Block
Plat, Gladden Farms, LLC, and its successors in interest retain an interest
in the real property in or upon which what would be "public infrastruc-
ture'' (as such term is defined in Section 48-70 I, Arizona Revised Statutes,
as amended) has been or is to be constructed as described on this Final
Block Plat and any subdivision plats filed for any of the individual blocks
shown on this Final Block Plat. Except if released prior thereto as herein-
after described, such interest is to be acquired by Gladden Farms Commu-
nity Facilities District pursuant to the District Development, Financing,
Participation and Intergovernmental A~eement (Gladden Farms Commu-
nity Facilities District) recorded at Docket 12248, Page 3874, in the Pima
County Recorder's Office. (Such interest is limited to one necessary to
accommodate the financing of the acquisition of such public infrastructure
(including of such interest in such real property) pursuant to such Devel-
opment Agreement.) Such interest is to be released upon the earlier of the
acquisition of such public infrastructure (including on a portion by portion
basis) only by such District pursuant to such Development Agreement and
February 1, 2054.
General Note 20 is modified to read as follows:
The maximum number of dwelling units shall be 1,850.
Notice of Amendment to General Notes on Gladden Farms Final Block Plat
Add a new General Note 26 to read as follows:
The Town will grant a $500 building permit fee credit for construction of
a residence on each lot that has a non~potable water connection to the lot
line.
FIDELITY NATIONAL TITLE AGENCY, INC.,
An Arizona corporation as Trustee under Trust
Number 30,21~ only and not in its corporate /
Capaci~/~/~ ~, , ,'~/~ '..
By: P"t~v'~/~O~- ~
STATE OF ARIZONA ) '·
COUNTY OF PIMA )
The foregoing instrument was acknowledged before me the "~ of
,2004 by /~d'~-~vz. /y~;/~- the Authorized Agent
of Fidelity National Title Agency, Inc., an Arizona. corporatio~ as Trustee under Trust
~otary Pu '
My commission expires:
FIDELITY NATIONAL TITLE AGENCY, 1NC.,
An Arizona'~orporation as Trustee under Trust
Number 60,)'I 8 only and not in its corporate
I OFFICIAL SEAL 1
f/~:~WONETTA K. ABBEGI
Fu uc-^mzo"^l
M^COUNTY /
My-Comm. Exp. Feb. 28, 2007~
STATE OF ARIZONA )
COUNTY OF PIMA )
The foregoing instrument was acknowledged before me the f7~'~ of
~2~q~ ,2004 by ~/~.~t3P"ff~tg-. /q~Lz-- the Authorized Agent
of Fidelity National Title Agency, Inc., an Arizona corporatipn as Trustee under Trust
60,118.
Notary Public
My commission expires:
-2-
I OFFICIAL SEAL
(~EIII~WONETTA K. ABBEGI
MyComm. Exp. Feb. 28, 200~
Notice of Amendment lo General Notes on Gladden Farms Final Blocl Plat
FIDELITY NATIONAL TITLE AGENCY, INC.,
An Arizon~-~orporation as Trustee under Trust
Number 60/127 only and not in its corporate
Capacity
STATE OF ARIZONA )
) SS.
COUNTY OF PIMA )
Thc foregoing instrument was acknowledged before me the /'~'* of
,2004 by ,/7]~$,'J27;4~/-.////_z-~ the Authorized Agent
of Fidelity National Title Agency, Inc., an Arizona corporation as Trustee under Trust
60,127.
My commission expires:
FIDELITY NATIONAL TITLE AGENCY, 1NC.,
An Arizo~r~hcorporation as Trustee under Trust
Number 60/382 only and not in its corporate
CapaciW~.~// ,
STATE OF ARIZONA )
) SS.
COUNTY OF PIMA )
The foregoing instrument was acknowledged before me the ~ of
,/'~1,9 / ,2004 by _/27,4J~z~//.~ Z. /-//z.z- the Authorized Agent
of Fidelity National Title Agency, Inc., an Arizona corporation~as Trustee under Trust
60,0 .
Notary Public
My commission expires:
N/~t~r~ ~ublic ' - /~
I ~ OFFICIAL SEAL 1
I[~WONETTA K. ABBEGI
I,{~J~i~}INOTARY PUBLIC-ARIZONA[
~M~omm, Exp. Feb. 28,200,TI
-3-
My Co~m.b~lo~ ~cplres:.
CONSE~T JO~D ,J~PXOYAL:
BY --
ATTEST:
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. A. 6
TO: MAYOR AND COUNCIL
FROM:
SUBJECT:
Frank Cassidy
Resolution No. 2004-71: Relating to Traffic; Approving and authoriz-
ing the Mayor to execute an Intergovernmental Agreement with
Northwest Fire District for Reimbursement of Expenses relating to
Opticom Traffic Signal Preemptor Devices.
DISCUSSION
The Town of Marana and Northwest Fire District desire to extend the expiration date of the in-
tergovernmental agreement previously entered into June 23, 1998, relating to Opticom Traffic
Signal Preemptor Devices to June 30, 2004, in order to facilitate payment of approximately
$20,000 owed to the Town by the Northwest Fire District for services rendered.
RECOMMENDATION
Staff recommends the approval of Resolution No. 2004-71, extending the expiration date of the
preexisting Opticom intergovernmental agreement to June 30, 2004.
SUGGESTED MOTION
I move to approve Resolution No. 2004-71.
BLU 040601 IG.,I with NFD re Opticom.doc 5/25/2004 7:21 PM FJC
MARANA RESOLUTION NO. 2004-71
RELATING TO TRAFFIC; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT WITH NORTHWEST FIRE DISTPdCT FOR RE-
IMBURSEMENT OF EXPENSES RELATING TO OPTICOM TRAFFIC SIGNAL PREEMPTOR
DEVICES.
WHEREAS, the Town of Marana and Northwest Fire District desire to extend the expiration
date of the intergovernmental agreement previously entered into June 23, 1998, relating to Opticom
Traffic Signal Preemptor Devices to June 30, 2004; and
WHEREAS, Northwest Fire District presently owes the Town of Marana approximately
$20,000 for services rendered; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to extend the expiration date of the intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the intergovernmental between the Town of Marana and Northwest Fire
District, attached to and incorporated by this reference in this resolution as Exhibit A is hereby au-
thorized and approved. The Mayor is hereby authorized to execute said Exhibit A and the Town
Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana.
PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of June, 2004.
ATTEST:
Mayor Bobby Sutton, Jr.
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
RSO 040601 1GA with NFD re Opticom #2004-71.doc FJC:cds
INTERGOVERNMENTAL AGREEMENT
BETWEEN
NORTHWEST FIRE DISTRICT AND THE TOWN OF MARANA
FOR
USE AND MAINTENANCE OF THE OPTICOM
TRAFFIC SIGNAL PREEMPTOR DEVICES
This INTERGOVERNMENTAL AGREEMENT is entered into this __ day of
., 2004, pursuant to A.R.S. § 11-952, by and between NORTHWEST FIRE
DISTRICT, a body politic of the State of Arizona (the "District") and the TOWN OF
MAP~NA, an Arizona municipal corporation (the "Town") for the provision of Opticom
Traffic Pre-emptor Device use and maintenance.
RECITALS
A. District and Town desire to continue to jointly exercise their powers pursuant to
the provisions ofA.R.S. § 11-951, et seq.
B. District and Town desire to enter into an intergovernmental agreement to con-
tinue to use and maintain the traffic pre-emptor devices located within the corporate lim-
its of the Town as previously provided for in the intergovernmental agreement between
the District and the Town dated June 23, 1998, and expiring on June 30, 2003.
AGREEMENT
1. The purpose of this intergovernmental agreement is to provide for the continued
use and maintenance of the Opticom System traffic signal preemptor devices located
within the mutual boundaries of the District and the Town.
2. The terms and conditions of the June 23, 1998, intergovernmental agreement pre-
viously executed between the District and the Town shall remain in full force and effect
to June 30, 2004.
IN WITNESS WHEREOF, the District and the Town have hereunto set their hands
the day and year first above written.
TOWN 0 F M ARANA, an Arizona munici-
pal corporation
NORTHWEST FtRE DISTRICT, an Arizona
municipal corporation
By: By:
Bobby Sutton, Jr., Mayor
Linda A. Christopherson, Chairman
Date: Date:
ATTEST: ATTEST:
Jocelyn C. Bronson, Clerk
Lee C. Mellor, Clerk
ATTORNEY CERTIFICATION
The undersigned attorneys £or the Town of Marana and the Northwest Fire District have
determined, each as to their respective client only, that this intergnvernmental agreement
is in proper £orm and is within the powers and authority granted under Arizona law to the
Town o£ Marana and the Northwest Fire District.
Frank Cassidy, Town of Marana Attorney
Thomas Benavidez
Attorney for Northwest Fire District
AGT 040519 NWFD TOM IGA EXZdoc 2
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. A. 7
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
Michael A. Reuwsaat, Town Manager
Approval of the Marana Arts Council's Water Tank Enhancement
Project
DISCUSSION
The Marana Arts Council) and the Marana Municipal Water Board have been collaborating on a
way to enhance the appearance of the many water tanks in Marana. It has been determined that
the tanks are a blank canvas and that painting the tanks by artistically depicting Marana's culture
and heritage would be beneficial for the community.
Resident participation is a focal point of this project. In addition to giving artists a large and
visible canvas on which to showcase their talent, residents would be invited to neighborhood
meetings where their input would assist members of the Marana Arts Council Water Tank
Enhancement committee in selecting the artistic design of the water tank in their own
neighborhood. The community at large would benefit through added pride of its neighborhoods
and an opportunity to promote tourism.
RECOMMENDATION
Staff recommends that Council approve the Marana Arts Council's Water Tank Enhancement
project requested by the Marana Arts Council and authorize them to proceed with the first water
tank located on West Sandy in Honea Heights.
SUGGESTED MOTION
I move to approve the Marana Arts Council's Water Tank Enhancement Project and to proceed
with the first water tank located at 12343 West Sandy in Honea Heights.
MAC Water Tank Enhancement Project 05/25/2004/6:45 PM
Water Tank Enhancement Project:
The function of the Water Tank Enhancement program is to beautify the Marana
Municipal Water storage and containment tanks. The tanks would become a work of art
for the public to enjoy.
The Marana Arts Council would provide the program planning, community involvement,
design concept, call to artists, selection of works of art, approval of each project, and be
point of contact for the art in progress.
The impetus for enhancing the water tanks is to beautify the environment; depict local
and cultural history, identify our community, promote tourism, and provide public works
of art through community involvement.
Marana currently has 19 water tanks that have been designated for enhancement.
Plan of Action:
Overall project Policy:
Determine funding
Meet with citizens for input on specified tank
Call to artist
Selection of artwork
Recommendation to council
Award contracts
Begin artwork
Proposal for Honea Heights/Sandy Tank:
The Marana Arts Council and The Marana Water Utility
Advisory Committee have been working together for the
past year on this project.
The art design has been selected and written
consent fi.om the artist has been obtained.
The artist to paint the design has been selected.
Marana Arts Council will provide the financing
and insurance.
Marana Municipal Water will provide materials
and scaffolding.
With the approval of the Council:
The next step is to talk with the residents of the Honea
Heights area for input at a public gathering in the
immediate area.
The design will be visible from the
linear park. It depicts the history and
incorporates the future use of the area.
TOWN OF MARANA WATER TANKS
NAME LOCATION HEIGHT
Airline 10600 N. Airline Rd 8' '
61'
Airport Fire System Near skydive center on airport 26.6' 176.6'
Airport 11740 W. Avra Valley Road 10' 38.4'
Amole 13910 N. Amole Circle 10" 38.4'
Continental Reserve 8671 N. Silverbell 24' 266'
Cortaro Ranch 5475 W. Cortaro Crossing Drive 16' 126'
Falstaff 7948 W. Avra Valley Road 10' 40'
Hartman Vistas 6690 W. Linda Vista Road 24.6' 188'
Honea Heights East 12465 N. Whitney Lane 9' 80.3'
Honea Heights West 12343 W. Sandy Lane 24' I 68'
La Puerta 7800 W. Linda Vista 21.6' 38'
Lambert 9190 W. Lambert Lane 18' 50'
Oshrin 5301 N. Cortaro Farms Road 12' 60'
Palo Verde 9640 N. Clayton Place 23.4' 40.6'
Marana Park Ora Mae Ham Park 16' 317'
Picture Rocks Road 7107 W. Picture Rocks Road 24' 88'
Springs Cortaro/Sunshine Hills 18' 305'
Marana Park Well Ora Mae Ham Park
Sandario Road
Marana Arts Council and the Marana Water Utilities Advisory Committee have identified these 19
tanks to be eligible for the enhancement. Each site will be evaluated individually and brought to
council or designee for final approval. The Overall Project Policy will be adhered to for each
individual site.
Overall Project Policy:
Determine funding
Meet with citizens for input on specified tank
Call to artist
Selection of artwork
Recommendation to council
Award contracts
Begin artwork
The enhancement may be in the form of a mural, landscaping or other form of public art work.
The funding may come from different sources, such as grants, donations, or sponsorship.
· If a donation or sponsorship is entered into, a 4' X 8' sign may be placed at the site as a
form of thanking the participants for their generosity and community involvement.
Partnering with the community is an important aspect of this project, we intent to have neighborhood
meetings for each beautification project. We will research and inform the citizens of the local history
and culture of the area and ask for input to the theme and design of the project.
At this point MAC would require from the Council:
A written approval authorizing the Marana Arts Council to paint/beautify water tanks.
This directive would also be used when trying to obtain grants.
Betty Horrigan
From: TCAirbrushing@aol.com
Sent: Tuesday, December 23, 2003 8:59 PM
To: ehorfigan@comcasLnet
Subject: water tank
3232 S. 3450 W.
West Valley City, Utah $4119
(gOD 33%6424 or (gOD 971-6853
PROPOSAL SUBMITTED TO:
DATE 12/14/2003 JOB NAME Honea East/Honea West W;
NAME Marara Arts Council PHONE
STREET P.O. Box 901 STREET
CITY Marana CITY
STATE AZ STATE
We hereby submit specifications and estimate for:.
~'(Dcpendin,e on intmasi~/and identifiable locations, such as Iol~os. I~n clmark~, ecL)
COwboy silhouette (see attachment for proposed an work. pg.2)
Honea East - 12465 lq. Whim? Lane
Actual size 9'x80. 3'
Project size 6'x60' =360 sq. ~
On ,.ffrotmd $5.00 * 360 sq. ft. = $1,800 (material included )
Honca West - 12343 W. Sandy Lane
Actual size 24' x 68'
Pro ect Size 10? x 22' =220.5 sq.
Off ,emund $12.50 * 220 sq. ft. = ~,750 (material included ) +litt/scaffolding
I appreciate the opportunity to bid on this project and I l~ow that I can do a quality job. I'm looking forward to hearing fi-on
talk more about this project. Thank you for your time and consideration.
Sincerely, T.C.
Airbrushing
We hereby propose to furnish labor in complete accordance with the above specifications, for the sum
of dollars ($ ) with payment t,
follows: All materials are i:
any hereby equipment such as scaffolding. If project exceeds a 10'xl 0' area, materials cost may apply. A 50% deposit is re
project. Scheduling is very important due to deadIine time and T.C. Airbrushing's calendar. Each piece is unique and it is h
determine a time frame, but all projecls can be completed within 5 to 8 days. All work to be completed in a professional mar
12/23/2003
1o standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon
and will become an extra charge over and about the estimate. All agreements are contingent upon strikes, accident or delays
control. This proposal is subject to acceptance within days and is void thereafter at the option of the undersigned.
Authorized Signature :
ACCEPTANCE OF PROPOSAL
The above priced, specifications and condition are hereby accepted. You are authorized to do the work as specified. Payme
as outlined above. ACCEPTED
Date: Signature:
Si~ature:
12/2312003
Page 1 ofl
Brad Despain
From:
Sent:
To:
Cc:
Brad Despain [bdespain@marana.com]
Tuesday, May 04, 2004 11:05 AM
'bhodrgan@marana.com'
'mrueswaat@marana.com'; 'Diane Mangialardi'
Subject: Murals on Water Tanks.( Materials to be furnished by the Water Dept.)
Betty
The Water department will furnish the Paint, Scaffolding and a scissor lift for the Paintings.
We need a two week lead time to arrange the Equipment. Paint can be selected and acquired from Smyth Steel
the Tank Builder. Epoxy paint chips will be available at the Water Users Advisory Committee and Managers water
committee joint meeting in May.
If you need additional Information or Etc. Please call or contact us.
THANKS
Brad DeS~ain
Utilities Director
Town of Marana
05/I 1/2004
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. B. 1
TO:
FRO M:
SUBJECT:
MAYOR AND COUNCIL
Michael A. Reuwsaat, Town Manager
Resolution No. 2004-73: Relating to Boards and Commissions;
Approving the appointment of Jon Post to the Planning & Zoning
Commission
DISCUSSION
The resignation of Trish Berg from the Planning & Zoning Commission, effective April 30,
2004, has been accepted by the Council. Commissioner Berg's term expires June 30, 2005, and
there now exists a vacancy.
Under the policy adopted by Council at the September 4, 2001 Council meeting, applications for
vacancies must be submitted to the Council Members. Council met in Executive Session on May
25, 2004 to interview interested applicants. The selection of the successful candidate to fill the
unexpired term of Commissioner Berg will be announced in public session at tonight's meeting.
Mayor and Council's pleasure.
RECOMMENDATION
SUGGESTED MOTION
I move to approve Resolution No. 2004-73, appointing Jon Post to fill the vacancy on the
Planning & Zoning Commission. The term of this appointment will expire on June 30, 2005.
Resolution No. 2004-73/.1CB 05/26/2004/6:18 PM
MARANA RESOLUTION NO. 2004-73
RELATING TO BOARDS AND COMMISSIONS; APPROVING THE
APPOINTMENT OF JON POST TO THE PLANNING & ZONING COMMISSION.
WHEREAS, the Planning and Zoning Commission has been created by the Town
Council to meet and advise the Town Council on zoning issues within the Town; and
WHEREAS, the Town Council desires to fill ONE (1) seat by appointing Jon Post
to a term that will expire June 30 of 2005.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, that Jon Post shall be appointed to the Planning and Zoning
Commission with a term of office to expire June 30, 2005.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of June, 2004.
ATTEST:
Mayor Bobby Sutton, Jr.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2004-73
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. B. 2
TO: MAYOR AND COUNCIL
FROM:
SUBJECT:
Dick Gear, Community and Economic Development Director
Public Heating - South Neighbors Annexation: Relating to
Annexation; Consideration of the Town of Marana's desire to annex
approximately 28 acres in the vicinity of the Saguaro Ranch project.
This property lies within Section 29, Township 11 South, Range 13
East, Gila and Salt River Meridian.
DISCUSSION
Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Heating is
mandated by State Statutes to be held within thirty days following such filing. All owners of real
and personal property within the annexation area have been notified of this hearing, and have
been given the opportunity to address the Mayor and Council with their concurrence or
objections to this annexation.
RECOMMENDATION
No action is required - Public Hearing.
SUGGESTED MOTION
No action required.
BLU So.Neighbors Annexation.doc
EXHIBIT
ORD.
90.10
'ANNEXATIDN MAP'
A PORTIDN DF' THE SDUTHEAST ~ DF' THE NDRTH~/EST K DF'
SECTIDN 29, TnWNSHIP 1! SDUTH, RANGE 13 EAST
GILA AN]) SALT RIVER MERIDIAN
PIMA CDUNT) ARIZDNA
NO.<~
£~POB
ORD. .
97.22
I,
Z
ORD. NO.
90.19
'////////////////////////////
ORD. NO.
2003.15
I'=600'
(-) MOORE R~OAD
L
LEGEN9
---- SECTIDN LINE
r~,~-.~?~'.~,~ AREA TO
% ............................... EXISTING TD~N LIMITS
DARUNO
JOB
LEGAL DESCRIPTION
SOUTH NEIGHBORS ANNEXATION
A PORTION OF THE SOUTHEAST % OF THE NORTHWEST % OF SECTION 29,
TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA
COUNTY, ARIZONA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEG INNING AT THE WEST ~ CORNER OF SAID SECTION 29;
THENCE N89°43'33" E A DISTANCE OF 1323.78 FEET, TO THE TRUE POINT OF
BEGINNING;
THENCE N 00°00'10" E A DISTANCE OF 879.13 FEET;
THENCE N 84°47'14" E A DISTANCE OF 664.33 FEET;
THENCE N 84°56'34'' E A DISTANCE OF 664.77 FEET;
THENCE S 00°00'33" E A DISTANCE OF 990.57 FEET;
THENCE S 89°40'57" W A DISTANCE OF 662.16 FEET;
THENCE S 89°35'44" W A DISTANCE OF 661.83 FEET, TO THE TRUE POINT OF
BEGINNING.
CONTAINING 28.43 AcREs, MORE OR LESS.
RICHARD D.
~ DARLING
D RLING
ENVIRONMENTAL & SUI~VEYINI3~ LTD,
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. B. 3
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
Charles Mangum, Airport Director
Ordinance No. 2004.13 - Relating to the Airport; Amending the
official name to "Marana Regional Airport," and amending all
references in Chapter 15 of the Marana Town Code accordingly.
DISCUSSION
The current official name of the airport is "Marana Northwest Regional Airport." The purpose
of this ordinance is to delete "Northwest" from the name of the airport. Therefore, upon
approval of this ordinance the official name of the airport will be "Marana Regional Airport."
The "Northwest" part of the name does not make sense to the Town of Marana's target market
for the airport. The target market is pilots and aviation businesses who think nationally and
internationally. When aviation individuals think of"northwest" for a direction they think of
Washington, Oregon, and Idaho, not Arizona. When an aviation individual knows that the
Marana Airport is located in Arizona, but does not know the exact location, they usually think
the airport is located in the northwest part of Arizona around Kingman or Bullhead City because
of the existing name.
Many of the businesses and tenants of the airport have also expressed an interest in dropping
"Northwest" out of the name. The airport master lease holders, businesses and tenants of the
airport support the official name change of the airport to "Marana Regional Airport." The
Airport Committee has considered and recommends approval of the name change.
Upon adoption of the ordinance authorizing the name change, existing references in the Town
Code to Marana Northwest Regional Airport will be amended accordingly.
RECOMMENDATION
Staff recommends the approval of Ordinance No. 2004.13, amending the official name of the
airport to Marana Regional Airport.
SUGGESTED MOTION
I move to approve Ordinance No. 2004.13.
Marana Regional Airport- Name Change June 1, 2004
MARANA ORDINANCE NO. 2004.13
RELATiNG TO THE AIRPORT, AMENDING THE OFFICIAL NAME TO "MARANA
REGIONAL AIRPORT," AND AMENDING ALL REFERENCES IN CHAPTER 15 OF THE
MARANA TOWN CODE ACCORDINGLY.
WHEREAS, the current official name of the airport is "Marana Northwest Regional Air-
port;" and
WHEREAS, the airport master lease holders, businesses and tenants of the airport sup-
port an official name change in order to prevent confusion; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests
of the public to change the name of the airport; and
WHEREAS, the name change will necessitate revision of references to the airport in
Chapter 15 of the Marana Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. The official name of the airport be changed to "Marana Regional Airport."
SECTION 2. All references to "Marana Northwest Regional Airport" in Chapter 15 of
the Marana Town Code are hereby changed to "Marana Regional Airport."
SECTION 3. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1st day of June, 2004.
ATTEST:
Mayor Bobby Sutton, Jr.
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attomey
ORD #2004.13 Airport Name Change. doc FJC
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. B. 4
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
Roy Cuaron, Finance Director
Presentation/Discussion: Relating to Finance; Adoption of the Fiscal
2004-2005 Tentative Budget
DISCUSSION
In coordination with Mayor and Council, staff has prepared a tentative budget of $89,418,622 for fiscal
2005. The tentative budget establishes the maximum spending limits for the fiscal year. Upon adoption
&the tentative budget, state statute requires that it be published for two consecutive weeks. Council will [
then hold a public hearing and adopt the final budget. The final budget may not exceed the spending
limits imposed by the tentative budget. However, Mayor and Council may r eallocate funding among
departments and/or programs.
The FY05 budget presented staff with yet another difficult challenge as recurring general fund revenues
continue to grow at much slower rate than expenditures. The recommended budget presumes
implementation of new policy initiatives that will narrow the gap between operating revenues and
expenditures. Among the more notable initiatives are a change in the fee structure for development
planning and review activities and implementation of a ½ cent sales tax for transportation-related
Improvements.
A survey of local jurisdictions found that the Town's current development fee structure is 25-40% lower
than neighboring jurisdictions. Accordingly, staff is recommending an increase in the Town's fee
structure.
The Manager's Citizens Transportation Committee is evaluating the implementation of a ½ cent sales tax.
The Town's '/2 cent sales tax would generate substantial moneys to fund critical transportation
infrastructure needs. The Town's ½ cent initiative is in advance of the Regional Transportation
Authority's (RTA) imposition of a similar tax, which may be 2-3 years out.
Despite the budget challenges, the proposed tentative budget for fiscal 2005 provides and directs the
necessary fiscal resources to implement the stated policies and vision of Mayor and Council.
The Capital Improvement Plan (C1P) clearly illustrates this point. The CIP budget of $64.7 million
represents 72% of the total budget. The major programs within the CIP are as follows:
Transportation approximately $13.3M of the C1P (21%) is earmarked for roadway capacity
improvements; $8.6M for Cortaro Road, east of 1-10 to the eastern town limits; $6.6M for Silverbell
Road, from Cortaro Road to Ina; $7.0M for improvements to the Orange Grove/Thornydale
intersection; $6.0M for Tangerine Road Connection, Adonis to Tangerine and $2.5M for the Twin
Peaks Interchange.
Adoption of Tentative Budget 05/27/2004; 10:56 AM; RC
· Airport - $4.2M dedicated to improving runway capacity and construction of safety improvements,
both of which are e. xpected to spur economic development at the airport.
· Parks & Recreation - $3.5M budgeted for new park design and construction, including the Santa
Cruz River Trail System, Continental Ranch District Park (to include bank protection) and the
Tortolita Mountains Trails system.
· Marana Town Center - nearly $i0.6M programmed to complete the construction of the new
municipal complex, including approximately $1.7M in offsite infrastructure improvements. The
Town's leadership and vision in funding offsite improvements is expected to "set the tone and tenor"
of development in north Marana in addition to providing an economic stimulus for commercial
development in the area. Residual bond proceeds of $7 million combined with cash reserves of
$3.6M are expected to fund the project.
In addition to the CIP, the Council's commitment to customer service is also reflected in the proposed
FY05 budget. Approximately $450K has been appropriated to fund 11 new positions, ail of which are
expected to expand and improve service delivery, both externally to the general public and internally to
town staff.
To keep pace with the continued growth in the building and development industry, two additional
planning staff are being recommended. Also recommended are an airport maintenance specialist, two
water maintenance workers, a therapeutic recreation program coordinator, court collections specialist,
~rosecutor, aggregate mining inspector, purchasing agent and three full-time equivalent office support and
customer clerks.
Other notable aspects of the FY 05 budget are as follows:
· Increase of $12.2M, or 15.85%, from FY 04 budget;
· Non-recurring revenue of $1.8M expected to fund recurring and non-recurring expenses
· Two percent (2%) general wage increase for all employees
· Merit opportunity for staff ranging from zero to five percent
A summary version of the tentative budget is attached. A complete budget will be available at the
meeting.
Staff is confident the proposed tentative budget reflects effective and prudent use of its fiscal resources
and meets the policy (and vision) direction of Mayor and Council. Accordingly, staff recommends
adoption of the tentative budget for fiscal 2005 at $89,418,622.
RECOMMENDATION
Staff recommends adoption of the tentative budget for fiscal 2005 at $89,418,622.
SUGGESTED MOTION
I move to approve the tentative budget for fiscal 2005 at $89,418,622.
-2-
TOWN OF MARANA
FISCAL 2005 BUDGET
(summary overview)
05/26/2004 5:37 PM
TOWN COUNCIL ~
MEETING TOWN OF MARANA
INFORMATION
MEETING DATE: June 1, 2004 AGENDA ITEM: IX. B. 5
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
Michael A. Reuwsaat, Town Manager
State Legislative Issues: Discussion/Direction/Action regarding all
pending bills before the Legislature
DISCUSSION
This item is scheduled for each regular Council Meeting in order to provide an opportunity to
discuss any legislative item that might arise during the current session of the State Legislature.
Included here are Legislative Bulletins Nos. 18 and 19.
RECOMMENDATION
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative issues.
SUGGESTED MOTION
None required.
State Legislative Issues MAR/JCB 05/25/2004/6.'09 PM
LEGISLATIVE BULLE IN
Issue No. 18 May 13, 2004
IN THIS ISSUE
House Begins Work on Senate
Budget Plan ............... 1
House Appropriations
Removes Harmful Budget
Fees Provision ............. I
Governor's Military Facilities
Task Force Recommendations
Bill Finally Returns for
Signature ................. 2
Arizona State Retirement
System (ASRS) Eligibility Bill
Passes Senate ............. 2
Invite, Inform, Involve ....... 2
League of Arizona
Cities N .,TowI s
Legislative Bulletin is published by the League of Arizona
Cities and Towns. Forward your comments or suggestions to:
Leagne o£Arizoaa Cities and Towns
1820 x/'t Washington Street
PhoenLx, Arizona 85007
Phone: 602-258 5786
Fax: 602-253 3874
E-marl: league@rog.st at e.az.us
Internet: ww~azleague.org
House Begins Work on Senate
Budget Plan
The Legislature moved another step closer to adjourning this week as the House
began work on the budget bills passed by the Senate. This is good news for folks
around the Capitol hoping that session won't last until mid-June like it did last
year. Until this week, the House had been extremely quiet regarding their plans
for the budget. Some of those plans were revealed yesterday and today, as the
House Appropriations Committee passed the Senate budget bills with amend-
merits. House leadership has told members to cancel plans for Friday and to
expect to work on the budget bills until late today and on Friday in order to com-
plete work on the budget bills and send them back to the Senate.
What the Senate will do with the House versions of their budget bills is unclear.
In fact, it remains unclear what the full House will do with the House
Appropriations Committee amendments. Most of the amendments that have
been added to the budget bills resulted in more conservative versions of the bills
with less spending than the Senate had prescribed. House leadership has indi-
cated that they would like to see $200 million less spending in the budget than
the Senate. Because the Senate's budget agreement struck a precarious biparti-
san balance, it is likely that the House versions of the bills will not be as widely
supported in the Senate, resulting in a conference committee between the House
and Senate to work out differences in the budget. This could be a lengthy
process, as the House and Senate have not been working together on the budget
for quite some time and many disagreements will need to be addressed.
House Appropriations Removes
Harmful Budget Fees Provision
In last week's Bulletin, we reported that the Senate had snuck in the budget
package a requirement for the Arizona Department of Environmental Quality
(DEQ) to charge fees to administer their pollution discharge elimination pro-
gram. This provision, contained in SB 1417, would pass along costs to cities,
towns, counties and businesses that are required to obtain permits from the
Arizona Pollutant Discharge Elimination System (AZPDES) program. This pro-
vision would violate an agreement from three years ago when the state was given
authority for the AZPDES program from the federal government but without
charging fees. If the bill introduced three years ago did not contain this provi-
sion, it likely would not have passed as the federal government did not charge
fees when they oversaw the program.
The good news is that as fast as this provision surfaced in SI?, 1417, it has gone
away just as quickly. On Wednesday, the House Appropriations Committee
passed an amendment removing this provision from the bill. With this provision
CONTINUED ON PAGE 2
Page2
gone, SB 1417 no longer impacts cities and towns. Thanks to
Appropriations Chair Russell Pearce for recognizing the harmful
impacts of this provision and offering the amendment to diminate it.
Representative Karen Johnson was also supportive in committee as
she explained the history of this program to other committee mem*
bers. A big thank you to all of the cities and towns that contacted your
representatives on this issue, your phone cal]s made a big difference!
Governor's Military Facilities
Task Force Recommendations
Bill Finally Returns for
Signature
After months of negotiations, meetings and bill drafts, HB 2140:
Military Airport Planning; Appropriation, passed the House unani-
mously on Tuesday and is now headed to the Governor's desk. This
bill contains the legislative recommendations from the Governor's
Military Facilities Task Force and indudes a $4.9 million annual appro-
priation for military installation preservation projects and several
changes to cities and towns land use policy for territory in the vicinity
of military airports. Congratulations and thank you to Representatives
John Nelson and Phil Hanson for their leadership on this issue and
commitmant to preserving Arizona's military installations.
The first meeting of the Governor's MilitaryAffairs Commission takes
place this week in Yuma. Under HB 2140, this Commission is responsi-
ble for developing criteria and making recommendations for awarding
monies from the Military Installation Fund. This week's meeting will
address the Commission's mle with the Fnnd and will also discuss land
use planning activities around the state relating to military facilities.
Thanks to all of the city and town officials and staff that have dedicated
their time and hard work to this issue and to the passage of HB 2140.
Arizona State Retirement
System (ASRS) Eligibili Bill
Passes Senate
On Wednesday, the Senate passed HB 2049, the legislation clarifying
that entities created by political subdivisions are allowed to join
ASRS. HB 2049 no longer has an emergency danse to make the bill
effective upon the Governor's signature because it did not receive
the 2/3 vote (20 Senators) required to pass with an emergency
clause. Without the emergency clause, the bill will become effective
90 days after the session adjourns, which means that it will go into
Issue No. 18 May 13, 2004
effect the same time as other legislation (HB 2029) that
increases the cost for purchasing service credits from ASRS.
We had included an emergency clause on the bill in order to
allow staffs of these organizations to join ASRS and purchase ser-
vice credits before the cost increase took effect. While we did not get
everything we wanted on this bill, we are still pleased that it passed
the Senate and that these organizations will be able to join ASRS.
Because the bill was not amended in the Senate, the House only needs
to simply transmit the bill to the Governor with no more votes need-
ed. Thanks to Representative John Huppenthal for his sponsorship of
the bill and his hard work on this League resolution and to Senators
Camlyn Allen and Harry Mitchell for speaking in favor of this legisla-
tion on the Senate floon The support is very much appreciated!
Invite, Inform, Involve
With session starting to wind down, the focus is now shifting
toward the upcoming campaign season and fall elections for leg-
islative seats. As part of the League's Strong Cities Make a Strong
State program, the League will kick off a new part of the program
with several scheduled workshops designed to encourage cities
and towns to become involved with their legislative candidates and
to educate the candidates on key issues facing local govern-
ments. The "Invite Inform Involve" program will give creative
strategies and tips on how municipal officials and staff can:
Invite legislative candidates to your city or town.
Inform candidates of key municipal issues that will determine
the success of your community.
Involve the candidates in the solutions and ask for their
ongoing support and partnership in forming the best public
policy for citizens.
The Invite Inform Involve program will be unveiled at three work-
shops held across the State in early June. At these workshops, which
are free and open to any municipal elected official or staff member,
attendees w~I be able to listen to presentations and receive materials
on how to develop a relationship with their state legislative candidates
and continue this relationship as the candidates become legislators.
The workshops will also give practical guidelines on what cities and
towns can and cannot do in relation to state campaign finance laws
and will give an update on redistricting and other factors that will
influence legislative races and the makeup of the next Legislature.
Please participate in this program. A flyer is attached with the
time and location of a workshop near you. We look forward to
seeing you there!
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W Washington Street, Phoenix, AZ 85007.
Phone: (602) 258-5786. Fax (602) 253-3874. Email: Ieague@mg.state.az.us. Visit us on the lnternet at www. azleague, org.
Mark your calendar for an exciting, informative and free
workshop to learn how to raise legislative candidates'
awareness of key issues facing your city or town as the
campaign season heats up. Whether you are working with
first-time legislative candidates or Iong-tlme incumbents,
this new League program will give you creative ideas and
tips on how to build a successful relationship with your leg-
islative candidates that will last as they transition from a
candidate to a legislator making decisions on critical
municipal issues. The workshops will also give practical
guidelines on what cities and towns can and cannot do in
relation to state campaign finance laws and will give an
update on redistricting and other factors that will influence
legislative races and the makeup of the next Legislature.
This workshop is designed for all levels of city and town offi-
cials and staff from mayor and council member to manager
and clerk. We look forward to seeing you at one of
these workshops to learn more about how you can ....
Invite legblative candidates to your city or town.
Inform candidates of key municipal issues that
will determine the success of your community.
Involve candidates in the solutions and ask for
their ongoing support and partnership.
Where and When:
Phoenix
9:30 a.m. -
12:00 noon
1:00 p.m. -
3:30 p.m.
Flagstaff_
9:30 a.m. -
12:00 noon
Wednesday, June 16
League of Arizona Cities and Towns
1820 West Washington Street
Phoenix, AZ 85007
Thursday, June 17
Loews Ventana Canyon Resort
7000 North Resort Drive
Tucson, AZ 85750
Wednesday, June 23
Flagstaff City Half
211 West Aspen Avenue
Flagstaff, AZ 86001
Please indicate the date of the session you wish to attend. Note
that all registrations are free and limited space will be filled on
o first come, first ser~,~ basis, se register as early as possible.
~ Wednesday, June 16, Phoenix
~1 Thursday, June 17, Tucson
Fl Wednesday, June 23, Flagstaff
Mail or fax registration to:
League of Arizona Cities and Towns
1820 West Washington Avenue
Phoenix, Arizona 85007
Fax: (602) 253-3874
Cost: FREE
Nickname or name for name tag:
TJtJe:
City/Town/Agency:
Address:
City:
Zip:
Phone:
Email:
League of Arizona
Cities Towns
1820 W. Washington Street, Phoenix, Arizona 85007
Phone: (602) 258-5786 Fax~ (602) 253-3874
Ernail: league~mg.state.az.us Web: www. azleague.org
LEGISLATIVE BULLETIN
Issue No. 19 May 21, 2004
IN THIS ISSUE
The Budget Process Gets
More Interesting Than an
Episode of the West
Wing ................. 1
Governor Signs Another
League Resolution ...... 2
Compromise Healthy
Forest Bill Passes
Senate ............... 2
Don't Forget to Register for
the Invite. Inform. Involve
Workshops! ............ 2
League of Arizona
C nes Towns
Legislative Bulletin is published by the League of Arizona
Cities and Towns. Forward your comments or suggestions to:
League of Arizona Cities and Towns
1820 ~,'~ Washington Street
Phoenix, Ar ii, ona 85007
Phone: 602 258-5786
Fax: 602 253-3874
E-raaib league@rog.state.az,us
The Budget Process Gets More
Interesting Than an Episode of the
West Wing
In a surprising turn of events this week, the House passed the Senate budget
plan with approximately $33 million more in spending. This is a dramatic
change from the direction the bills had taken last week when the House
Appropriations Committee amended the bills to significantly reduce Senate
spending. The House moderate Republicans and Democrats formed a coali-
tion to pass the Senate budget bills without the House Appropriations amend-
ments and with a slight increase in spending and on late Wednesday night
(and in the early hours of Thursday morning), managed to force a vote on the
bills. By 3:00 am on Thursday morning, the new coalition had returned the
budget package to the Senate.
The Senate must now decide whether to accept or reject the House changes.
Senate President Ken Bennett indicated that he would reconvene the Senate
bipartisan negotiating group before Monday to decide what action to take on
the budget bills. Due to the tension that has been created in the House with
the formation of the new coalition, there is some hesitation to open negotia-
tions with the House again and send the bills to a conference committee. At
this point, leaving the bills as they currently are may be the best thing for us,
as cities and towns are not in a bad position. The budget as it stands today
could be far worse for local government.
In the latest version, state shared revenue will be returned to 15% after the
two-year reduction to 14.8%. The often fought for flight property tax fund
revenue will finally be returned to 100% from the 50% diversion to the gener-
al fund that had been in place for the past few years. Originally in the Senate
version of the budget bills, the reallocation of youth program and Heritage
Fund monies along with new Arizona Pollutant Discharge Elimination System
program and State Crime Lab fees were concerns. The House coalition
amendments have removed all of these provisions. At this point, municipali-
ties have improved with the House versions of the budget bills, which were
pretty good to start with coming out of the Senate.
With less than 100 bills left to work on and the budget moving along, the end
of session may finally be in sight. The House and Senate both voted to
extend the Session until next Friday, May 28th. Depending on what the
Senate does with the budget bills, this week's extension may be the last one
before Sine Die.
Page 2
Issue No, 19 May 21, 2004
Governor Signs Another
League Resolution
This week Governor Napolitano signed IdB 2049: ASR&
Membership; Political Subdivision Entities into law. HB 2049,
which is a League resolution, clarifies that entities created by
political subdivisions are allowed to join the Arizona State
Retirement System (ASRS). This legislation was needed after
an Attorney General ruling last year prohibited several councils
of government from joining ASRS, while other councils of gov-
ernment had previously been allowed to join. The newly
passed law now clarifies that entities that are created in whole
or in part by political subdivisions, where the majority of the
membership is composed of political subdivisions and whose
primary purpose is the performance of a government-related
service are allowed to participate in ASR&
A big thank you to Governor Napolitano for signing this impor-
tant bill into law and to the bill's sponsor, Representative John
Huppenthal, for his leadership on this issue!
Compromise Healthy Forest
Bill Passes Senate
On Thursday, the Senate amended and passed HB 2549:
Healthy Forest Pilot Program. This bill was the result of the
Joint Legislative Healthy Forest Task Force that met last sum-
mer and fall. HB 2549 now contains compromise language
worked on by stakeholders from the Legislature's Task Force
and the Governor's Forest Health Advisory Council.
The Legislature's Task Force and Governor's Advisory Council
recommendations were originally introduced as legislation in
separate bills. In an effort to send one bill to the Governor on
this subject, the stakeholders from the groups agreed to meet to
work out differences between the bills. While the bill passed the
Senate this week, negotiations appear to be continuing as Senator
Jack Brown announced that more work needed to be done on HB
2549 and that the bill will likely go to a conference committee.
As amended yesterday, HB 2549 allows municipalities and
counties to adopt an urban-wildland interface code and creates
healthy forest enterprise incentives by providing tax breaks for
businesses that harvest, transport or process forest products.
More provisions may be added as negotiations continue and the
bill goes to a conference committee.
The bill now goes back to the House, where the bill's spon-
sor, Representative Cheryl Chase, will most likely refuse the
Senate changes, sending the bill to a conference committee
to allow another opportunity for negotiated issues to be includ-
ed. We will make sure to keep you updated on the status of
these negotiations.
Don't Forget to Register for
the Invite. Inform. Involve
Workshops!
With session startiug to wind down, the focus is now shifting
toward the upcoming campaign season and fall elections for
legislative seats. As part of the League's Strong Cities Make a
Strong State program, the League will kick off a new part of the
program with several scheduled workshops designed to
encourage cities and towns to become involved with their leg-
islative candidates and to educate the candidates on key issues
facing local governments. The "Invite Inform lnvolve" program
will give creative strategies and tips on how municipal officials
and staffcan:
Invite legislative candidates to your city or town.
Inform candidates of key municipal issues that will
determine the success of your community.
Involve the candidates in the solutions and ask for their
ongoing support and partnership in forming the best pub-
lic policy for citizens.
The Invite Inform Involve program will be unveiled at three
workshops held across the State in early June. At these work-
shops, which are free and open to any municipal elected official
or staff member, attendees will be able to listen to presentations
and receive materials on how to develop a relationship with
their state legislative candidates and continue this relationship
as the candidates become legislators. Ihe workshops will also
give practical guidelines on what cities and towns can and can-
not do in relation to state campaign finance laws and will give
an update on redistricting and other factors that will influence
legislative races and the makeup of the next Legislature.
Please participate in this program. Registration forms are
available on the League's website at www. azleague.org or by
calling the League at (602) 258-5786. We look forward to
seeing you there!
Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007.
Phone: (602) 258-5786. Fax (602) 253-3874. Emai]: league@mg, stat e.az. us. Visit us on the Internet at www. azleague.org.