HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 11-03-2021MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 3, 2021, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
Patti Comerford, Council Member
Jackie Craig, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Marana
Town Council and to the general public that the Town Council will hold a meeting open
to the public on November 3, 2021, at or after 6:00 PM located in the Council Chambers
of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS
AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting.
Revised agenda items appear in italics.
As a courtesy to others, please turn off or put in silent mode all electronic devices.
Meeting Times
Welcome to this Marana Town Council meeting. Regular Council meetings are usually
held the first and third Tuesday of each month at 6:00 PM at the Marana Municipal
Complex, although the date or time may change and additional meetings may be called
at other times and/or places. Contact the Town Clerk or watch for posted agendas for
other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such
a case a new agenda will be posted in place of this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during the Call to the Public or Public
Hearings, you must fill out a speaker card (located in the lobby outside the Council
Marana Regular Council Meeting 11/03/2021 Page 1 of 131
Chambers) and deliver it to the Town Clerk prior to the convening of the meeting.
All persons attending the Council meeting, whether speaking to the Council or not, are
expected to observe the Council rules, as well as the rules of politeness, propriety,
decorum and good conduct. Any person interfering with the meeting in any way, or
acting rudely or loudly will be removed from the meeting and will not be allowed to
return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council
Chambers are wheelchair and handicapped accessible. Persons with a disability may
request a reasonable accommodation, such as a sign language interpreter, by contacting
the Town Clerk at (520) 382-1999. Requests should be made as early as possible to
arrange the accommodation.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the
Council Chambers or online at www.maranaaz.gov under Agendas and Minutes. For
questions about the Council meetings, special services or procedures, please contact the
Town Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM.
This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the
Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations
Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any
issue within the jurisdiction of the Town Council, except for items scheduled for a
Public Hearing at this meeting. The speaker may have up to three minutes to speak.
Any persons wishing to address the Council must complete a speaker card located
outside the Council Chambers and deliver it to the Town Clerk prior to the
commencement of the meeting. Individuals addressing a meeting at the Call to the
Public will not be provided with electronic technology capabilities beyond the existing
voice amplification and recording capabilities in the facilities. 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,
and may ask staff to review the matter, or may ask that the matter be placed on a
future agenda.Marana Regular Council Meeting 11/03/2021 Page 2 of 131
future agenda.
PROCLAMATIONS
PR1 Proclamation recognizing the month of November 2021 as, "Family Court
Awareness Month" (Cherry L. Lawson)
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are
generally routine items not requiring Council discussion. A single motion and
affirmative vote will approve all items on the Consent Agenda, including any
resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any
Council member may remove any item from the Consent Agenda and that item will
be discussed and voted upon separately.
C1 Resolution 2021-138: Relating to Public Works; approving and authorizing the
Mayor to execute a Memorandum of Understanding between Pima
Association of Governments and the Town of Marana for Programming and
Funding of Regional Traffic Signal Equipment for Fiscal Year 2022 (Keith
Brann)
C2 Resolution 2021-139: Relating to Police Department; approving and
authorizing the Chief of Police to execute an intergovernmental agreement
between the State of Arizona Department of Public Safety and the Town of
Marana regarding the administration, funding and operation of the Arizona
Vehicle Theft Task Force (Libby Shelton)
C3 Resolution No. 2021-140: Relating to the Legal Department; approving and
authorizing the Town Manager to execute the One Arizona Distribution of
Opioid Settlement Funds Agreement and related settlement agreements
(Libby Shelton)
C4 Resolution No. 2021-141: Relating to Special Events; approving and
authorizing the Mayor to sign a license agreement between the Town
of Marana and the Marana Health Center, Inc. allowing the Marana Health
Center to utilize certain properties owned by the Town for its 2021 Balloon
Fest event (David L. Udall)
Marana Regular Council Meeting 11/03/2021 Page 3 of 131
C5 Relating to Procurement; approving an increase in budgeted expense
authority of up to $100,000 of HURF fund (Fund # 2060), for the Hartman
Road Rehabilitation project; authorizing the transfer of appropriations, if
necessary, for the increase in project budget; and authorizing the Town
Manager or designee to execute the necessary documents to effectuate the
increase in budgeted expense authority. (Mo El-Ali)
C6 Approval of the Regular Council Meeting Summary Minutes of October 19,
2021 (Cherry L. Lawson)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
B1 Resolution No. 2021-142: Relating to Boards, Commissions and Committees;
review and approval of the amended bylaws of the Town of Marana Utilities
Board (David L. Udall)
COUNCIL ACTION
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1 Relating to Development and Public Works; update, discussion, and
possible direction regarding public and private projects and development
applications on the Town’s Marana Current and Proposed Projects internet
site (Jason Angell)
D2 Relating to Legislation and Government Actions; discussion and possible
action regarding all pending state, federal, and local
legislation/government actions and on recent and upcoming meetings of
the other governmental bodies (Terry Rozema)
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive
session, which will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town
representatives, or consultation for legal advice with the Town Attorney,
concerning any matter listed on this agenda for any of the reasons listed in
A.R.S. §38-431.03 (A).
Marana Regular Council Meeting 11/03/2021 Page 4 of 131
FUTURE AGENDA ITEMS
Notwithstanding the Mayor’s discretion regarding the items to be placed on the
agenda, if three or more Council members request that an item be placed on the
agenda, it must be placed on the agenda for the second regular Town Council meeting
after the date of the request, pursuant to Marana Town Code Section 2-4-2(B).
ADJOURNMENT
Marana Regular Council Meeting 11/03/2021 Page 5 of 131
Council-Regular Meeting PR1
Meeting Date:11/03/2021
From:Cherry L. Lawson, Town Clerk
Date:November 3, 2021
Subject:Proclamation recognizing the month of November 2021 as, "Family Court
Awareness Month" (Cherry L. Lawson)
Attachments
Proclamation
Marana Regular Council Meeting 11/03/2021 Page 6 of 131
Marana Regular Council Meeting 11/03/2021 Page 7 of 131
Council-Regular Meeting C1
Meeting Date:11/03/2021
To:Mayor and Council
Submitted For:Libby Shelton, Deputy Town Attorney
From:Libby Shelton, Deputy Town Attorney
Date:November 3, 2021
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution 2021-138: Relating to Public Works; approving and
authorizing the Mayor to execute a Memorandum of Understanding
between Pima Association of Governments and the Town of Marana for
Programming and Funding of Regional Traffic Signal Equipment for
Fiscal Year 2022 (Keith Brann)
Discussion:
In 2021, the Town of Marana purchased a Maxview centralized traffic signal system and
Maxview server to advance the Town’s goals of traffic signal connectivity and efficient
traffic operations. Maxview licenses for 25 traffic signals were transferred from the
regional Maxview network to support the Town’s Maxview system. The Town
currently has 27 full traffic signals, and several more traffic signals are currently in
design and/or construction. In addition, the Town has three pedestrian hybrid beacons
(HAWKs). The 25 licenses are insufficient to meet the Town’s immediate and future
needs for traffic signal connectivity.
Pima Association of Governments (PAG)'s Transportation Improvement Program (TIP)
includes funding for the Regional Traffic Signal Program Equipment. This MOU will
enable the Town to use TIP funding for 15 Maxview licenses for traffic signals, as more
specifically set forth in the MOU and its Exhibit A. The additional licenses will allow
signals, pedestrian hybrid beacons, pan-tilt-zoom cameras, and other devices to be
incorporated into the centralized traffic signal system and monitored, when these
devices are physically connected to the system.The Town of Marana shall be responsible
for all maintenance and operations costs and activities.
The project is consistent with both the Make Marana 2040 plan and the Strategic Plan.
The Make Marana 2040 plan explicitly identifies innovative technological advancesMarana Regular Council Meeting 11/03/2021 Page 8 of 131
The Make Marana 2040 plan explicitly identifies innovative technological advances
related to transportation, monitoring transportation system performance, proactively
monitoring emergence of new technology for transportation, ensuring traffic operations
and running efficiently and following best practices, and managing peak hour
congestion with new technologies.
The Strategic Plan cites a safe, well-planned community, partnering with educational
institutions, well-maintained travel ways, and bold ideas and best practices.
Financial Impact:
Fiscal Year:2021-2022
Budgeted Y/N:Y
Amount:$3,420
For fiscal year 2021-2022, the Town will only be responsible for the match portion of this
MOU. Funding capacity is available within the Public Works Department traffic
maintenance budget. The remaining $56,580 will be budgeted in fiscal year 2022-2023.
Staff Recommendation:
Staff recommends adoption of Resolution No. 2021-138, approving and authorizing the
Mayor to execute a Memorandum of Understanding between Pima Association of
Governments and the Town of Marana for Programming and Funding of Regional
Traffic Signal Equipment for Fiscal Year 2022.
Suggested Motion:
I move to adopt Resolution No. 2021-138, approving and authorizing the Mayor to
execute a Memorandum of Understanding between Pima Association of Governments
and the Town of Marana for Programming and Funding of Regional Traffic Signal
Equipment for Fiscal Year 2022.
Attachments
Resolution 2021-138
Exhibit A
Marana Regular Council Meeting 11/03/2021 Page 9 of 131
00077971.DOCX /1
Resolution No. 2021 -138 - 1 -
MARANA RESOLUTION NO. 202 1-138
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN PIMA
ASSOCIATION OF GOVER NMENTS AND THE TOWN OF MARANA FOR
PROGRAMMING AND FUNDING OF REGIONAL TRAFFIC SIGNAL EQUIPMENT
FOR FISCAL YEAR 2022
WHEREAS the Pima Association of Governments (PAG), as the designated
Metropolitan Planning Organization (MPO) for Pima County, is required to develop a
Transportation Improvement Program (TIP) at least once every 4 yea rs; and
WHEREAS PAG is required to ensure projects identified in the TIP are making
satisfactory progress toward completion and have the necessary funding commitments
to be completed within the timeframe published in the TIP, and that a performance based
planning process is used to report on completed projects; and
WHEREAS publication of the PAG TIP document authorizes the obligation of
federal funding and/or authorizes the drawdown of state PAG HURF 12.6% funds to
projects that are programmed in the “curre nt” fiscal year of the document; and
WHEREAS the Town of Marana and PAG wish to cooperate in the programming
and funding for the Regional Traffic Signal Program by purchasing 15 Maxview licenses
for traffic signals; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best
interests of the citizens of Marana to enter into the memorandum of understanding
(MOU) addressed by this resolution to facilitate the purchase of 15 Maxview licenses for
traffic signals.
NOW, THEREFORE, BE IT RESOLV ED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The Memorandum of Understanding between Pima Association of
Governments and the Town of Marana for Programming and Funding of Regional Traffic
Signal Equipment (TIP ID 4.22) in substantially the form set forth in the agenda materials
accompanying this resolution is hereby approved, and the Mayor is authorized to execute
it for and on behalf of the Town of Marana.
Marana Regular Council Meeting 11/03/2021 Page 10 of 131
00077971.DOCX /1
Resolution No. 2021 -138 - 2 -
SECTION 2. The Town’s Manager and staff are hereby directed a nd authorized to
undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the Memorandum of Understanding.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 3rd day of November, 2021.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting 11/03/2021 Page 11 of 131
Exhibit A to Marana Resolution No. 2021-138
Regional Traffic Signal Program, Equipment 00077972.DOCX /1 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
PIMA ASSOCIATION OF GOVERNMENTS
AND
TOWN OF MARANA
FOR
PROGRAMMING AND FUNDING OF
REGIONAL TRAFFIC SIGNAL PROGRAM; EQUIPMENT FOR FY 2022 (TIP ID 4.22)
This Memorandum of Understanding (MOU) is entered into by and between Pima Association of
Governments (PAG), the designated Metropolitan Planning Organization (MPO) for Pima County,
and Town of Marana, a body politic and corporate of the State of Arizona (“the Lead Agency”).
RECITALS
A. 23 U.S.C 134 (b) establishes Metropolitan Planning Organizations in urban areas over
50,000 in population. Additionally, urbanized areas over 200,000 in population are
considered Transportation Management Areas (TMA) that require the MPO to incorporate
additional requirements into the planning process as outlined in 23 USC 134 (k).
B. The governing board of the MPO is composed of representatives of each member of the
regional jurisdictional governments in accordance with 23 USC 134 (d).
C. PAG as the MPO is required to update a Transportation Improvement Program (TIP) at
least once every 4 years in accordance with 23 USC 134 (j).
D. PAG, as part of the regional planning process throughout 23 USC 134 is required to ensure
projects identified in the TIP are making satisfactory progress toward completion, have the
necessary funding commitments to be completed within the timeframe published in the TIP
and that completed projects are reported on using a performance based planning process.
E. Publication of the PAG TIP document authorizes the obligation of federal funding
(expenditure of federal funds obligated for this Project on or before May 31, 2022 is subject
to the terms and conditions of this MOU) and/or authorizes the drawdown of state PAG
HURF 12.6% funds to projects that are programmed in the “curre nt” fiscal year of the
document.
F. The Town of Marana has been identified as the Lead Agency and will be responsible for
all aspects of Project implementation including, but not limited to, planning, Project
management, risk management, design, right of way acquisition, construction,
advertisement, award, execution and administration of all contracts for the Project.
G. The Lead Agency is authorized by A.R.S. § 11-251 (4) or A.R.S. § 9-240 (A) (3) to design,
maintain, control and manage public roads within the Lead Agency’s jurisdictional
boundaries.
H. The Lead Agency may, when authorized by law, have a legal contract with one or more
jurisdictions to perform roadway and other improvements within the boundaries of the
other jurisdiction or jurisdictions.
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Exhibit A to Marana Resolution No. 2021-138
Regional Traffic Signal Program, Equipment 00077972.DOCX /1 2
I. The Lead Agency and PAG wish to cooperate in the programming and funding for the
Regional Traffic Signal Program; Equipment (“the Project”). This Project is identified in
the PAG TIP with the TIP ID# of 4.22
J. It is the policy of PAG to require that the Lead Agency be identified, and a Memorandum
of Understanding (MOU) be approved and entered into by PAG and the Lead Agency
before the Project can advance into the first or second year of the TIP document.
K. The PAG TIP Policies and Procedures document included within the approved TIP will
apply to the programming process for this Project unless otherwise specified herein.
L. This Project has been identified to add value to the stated goals and objectives of the
adopted regional transportation plan, as such it must meet and c omply with its obligations
to the region.
NOW, THEREFORE, Town of Marana and PAG, pursuant to the above and in
consideration of the matters and things set forth herein, do mutually understand as follows:
UNDERSTANDING
1. Purpose. The purpose of this MOU is to set forth the responsibilities of the parties for the
design, construction, maintenance and operation of the Project and to address various legal and
administrative matters among the parties.
2. Project. The project scope involves purchasing 15 Maxview licenses for traffic signals, as
more fully depicted in the attached Exhibit A.
3. Operations and Maintenance. The Lead Agency will be responsible for all maintenance and
operations costs and activities.
4. Effective Date; Term. This MOU shall become effective upon approval of this MOU by the
PAG Regional Council and the Lead Agency and shall continue in effect until all
improvements constructed pursuant to this MOU are completed, all eligible reimbursement
payments to the Lead Agency are concluded, and all warranties applicable to the Project have
expired.
5. Responsibilities of the Lead Agency.
a. The Lead Agency shall be responsible for the implementation of the Project in
accordance with this MOU and all applicable public roadway, traffic signal, and street
lighting design and construction standards. Design Standards are federal, state, county
or municipal standards for engineering, traffic, safety or public works facilities design.
Examples of Design Standards include but are not limited to the American Association
of State Highway and Transportation Officials and Federal Highway Administration
standards for highway engineering and construction, the Pima Association of
Governments Standard Specifications for Public Improve ments, the Pima County
Roadway Design Manual, the Pima County Department of Transportation /City of
Tucson Department of Transportation and Mobility Pavement Marking Design
Marana Regular Council Meeting 11/03/2021 Page 13 of 131
Exhibit A to Marana Resolution No. 2021-138
Regional Traffic Signal Program, Equipment 00077972.DOCX /1 3
Manual, and Pima County and municipal design guidelines for roadway lane widths
and level of drainage protection.
b. If any parties other than the Lead Agency are contracted to perform any portion of the
Project, the Lead Agency shall be responsible for the contracts for design, construction,
or any other professional services for the Project and shall select the consultants and
contractors to be used on the Project. The Lead Agency shall follow all local, regional,
state or federal requirements applicable to the funding being used , including selection
and contracting for services.
c. The Lead Agency shall be responsible for all traffic management, including public
notification, during Project implementation when required .
d. For construction projects, the Lead Agency shall operate and maintain the
improvements during and after completion of construction except where those
responsibilities have been agreed to by another agency or jurisdiction.
e. The final cost of the Project shall be that amount necessary to complete the Project
including any work incorporated into the Project by change orders and amendments
executed by the Lead Agency. The Lead Agency shall be responsible for all Project
costs in excess of the regional funds identified in the TIP document.
f. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire
property needed for the Project.
g. Under no circumstances shall the contractor(s) or any other third-party entity own or
imply ownership of products and services provided and paid for in part o r in whole
with funds identified in this MOU.
h. The Lead Agency will be responsible for assuming all risks associated with the Project
except those that are assigned to another agency or jurisdiction that has agreed to that
assumption.
i. The Lead Agency shall require its contractors performing any portion of the Project to
name PAG and RTA as additional insured and additional indemnitee with respect to
insurance policies for general liability, automobile liability and defects in design in all
of the Lead Agency’s contracts for the Project. The Lead Agency shall also require its
contractors to name PAG and RTA, as well as any other funding agency involved with
the Project (RTA, ADOT, FHWA, etc.) as an additional beneficiary in any
performance and payment related assurances posted for the Project.
j. Monthly, the Lead Agency shall be responsible for preparing and submitting the
reimbursement requests (invoices) to PAG/ADOT or FHWA depending on the fund
source.
k. The Lead Agency shall be responsible for submitting a status report describing its
progress and adherence to the Project scope, schedule and budget to the TIP
Subcommittee upon request.
Marana Regular Council Meeting 11/03/2021 Page 14 of 131
Exhibit A to Marana Resolution No. 2021-138
Regional Traffic Signal Program, Equipment 00077972.DOCX /1 4
l. The Lead Agency shall indemnify, defend, and hold PAG, RTA and any other funding
providers harmless from any and all claims, demands, suits, actions, proceedings, loss ,
cost, and damages of every kind and description, including any reasonable attorney s ’
fees and/or litigation expenses, which may be brought or made against PAG , RTA and
any other funding providers, and any of their officers, directors and employees, or any
person, regardless of who makes the claim, to the extent they result from the negligent
or wrongful acts of the Lead Agency or its contractors, or any of their employees,
agents, representatives, or sub-contractors, in connection with or incidental to the
performance of this MOU. The indemnity provided in this section shall survive
termination of this MOU.
m. The Lead Agency and its contractors shall clearly identify the funding source(s) for the
Project, as well as any funding agency involved with the Project (PAG, RTA, FTA,
FHWA, etc.) in all documents and communications materials related to the Project.
Communications materials may include, but are not limited to, signs, brochures, press
releases, PowerPoint presentations, website information, reports, agenda templates,
DVD presentations, and any electronic documents.
6. Responsibilities of PAG.
a. PAG will publish a TIP document at least once every 4 years making regional projects
eligible for state and federal funding.
b. PAG will aid the Lead Agency in preparation of any TIP amendments that may be
necessary for the completion of the Project.
c. PAG will aggregate regional progress toward completion of the Project and will report
to the region’s state and federal funding partners.
d. PAG will process drawdown requests associated with PAG HURF 12.6% funding.
7. Amendment.
a. This MOU may be modified, amended, altered or changed only by written agreement
signed by both parties.
b. An amendment to this MOU is required if the scope of work for the Project is
significantly altered, such as a change to the Project boundaries, a significant alteration
to the scope of services to be provided by the project, or addition or elimination of
significant Project features.
c. An amendment to this MOU is required if the total amount of regional funding
programmed on the Project changes more than 10% of the total programmed amount
or $200,000, whichever is smaller. Funding changes less than this thre shold do not
require an amendment to the MOU, as long as there are no significant changes in scope.
8. Termination. Either party may terminate this MOU for material breach of the MOU by the
other party. Prior to any termination under this paragraph, the party allegedly in default shall
be given written notice by the other party of the nature of the alleged default. Upon termination,
programmed funds will no longer be available for use on said Project. The party said to be in
default shall have forty-five days from the receipt of written notice to cure the default. If the
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Exhibit A to Marana Resolution No. 2021-138
Regional Traffic Signal Program, Equipment 00077972.DOCX /1 5
default is not cured within that time, the other party may terminate this MOU. Any such
termination shall not relieve either party from liabilities or costs already incurred under this
MOU.
9. Non-assignment. Neither party to this MOU shall assign its rights or obligations under this
MOU to any other party without written permission from the other party to this MOU.
10. Construction of MOU.
a. Entire agreement. This instrument constitutes the entire agreement between the parties
pertaining to the programming of the Project in the TIP. Any exhibits to this MOU are
incorporated herein by this reference.
b. Construction and interpretation. All provisions of this MOU shall be construed to be
consistent with the intention of the parties as expressed in the Recitals hereof.
c. Captions and headings. The headings used in this MOU are for convenience only and
are not intended to affect the meaning of any provision of this MOU.
d. Severability. In the event that any provision of this MOU or the application thereof is
declared invalid or void by statute or judicial decision, such action shall have no effect
on other provisions and their application, which can be given effect without the invalid
or void provision or application, and to this extent the provisions of the MOU are
severable. In the event that any provision of this MOU is declared invalid or void, the
parties agree to meet promptly upon request of the other party in an attempt to reach an
agreement on a substitute provision.
e. This MOU is subject to the provisions of A.R.S. § 38-511.
11. Ownership of Improvements . If the Project involves construction, except as otherwise
provided for by law or under a contract with one or more other jurisdictions, ownership of and
title to all Project improvements shall automatically vest in Lead Agency upon completion of
the Project.
12. Legal Jurisdiction. Nothing in this MOU shall be construed as either limiting or extending
the legal jurisdiction of the Lead Agency or PAG.
13. No Joint Venture . It is not intended by this MOU to, and nothing contained in this MOU
shall be construed to, create any partnership, joint venture or e mployment relationship between
the parties or create any employer-employee relationship between the Lead Agency and any
PAG employees, or between PAG and any Lead Agency employees. Neither party shall be
liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including
(without limitation) the other party's obligation to withhold Social Security and income taxes
for itself or any of its employees.
14. No Third Party Beneficiaries . Nothing in the provisions of this MOU is intended to create
duties or obligations to or rights in third parties not parties to this MOU or affect the legal
liability of either party to the MOU by imposing any standard of care different from the
standard of care imposed by law.
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Exhibit A to Marana Resolution No. 2021-138
Regional Traffic Signal Program, Equipment 00077972.DOCX /1 6
15. Compliance with Laws . The parties shall comply with all applicable federal, state and local
laws, rules, regulations, standards and executive orders, without limitation to those designated
within this MOU.
a. Anti-Discrimination. Neither party shall discriminate against any employee or client
of either party or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability or national origin in the course of carrying out the
duties pursuant to this MOU. Both parties shall comply with applicable provisions of
Executive Order 75-5, as amended by Executive Order 2009 -09 of the Governor of
Arizona, which are incorporated into this MOU by reference as if set forth in full herein,
including the provisions of A.R.S. ' 41-1463.
b. Americans with Disabilities Act. This MOU is subject to all applicable provisions of
the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101-12213)
and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36.
16. Waiver. Waiver by either party of any breach of any term, covenant or condition herein
contained shall not be deemed a waiver of any other term, covenant or condition, or any
subsequent breach of the same or any other te rm, covenant, or condition herein contained.
17. Force Majeure . A party shall not be in default under this MOU if it does not fulfill any of its
obligations under this MOU because it is prevented or delayed in doing so by reason of
uncontrollable forces. The term “uncontrollable forces” shall mean, for the purpose of this
MOU, any cause beyond the control of the party affected, including but not limited to failure
of facilities, breakage or accident to machinery or transmission facilities, weather conditions,
flood, earthquake, lightning, fire, epidemic, pandemic, war, riot, civil disturbance, sabotage,
strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God,
or action or non-action by governmental bodies in approving o r failing to act upon applications
for approvals or permits which are not due to the negligence or willful action of the parties,
order of any government officer or court (excluding orders promulgated by the parties
themselves), and declared local, state or national emergency, which, by exercise of due
diligence and foresight, such party could not reasonably have been expected to avoid. Either
party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise
due diligence to remove such inability with all reasonable dispatch.
18. Notification. All notices or demands upon any party to this MOU shall be in writing, unless
other forms are designated elsewhere, and shall be delivered in person or sent by mail
addressed as follows:
Pima Association of Governments :
Farhad Moghimi, Executive Director
1 East Broadway, Suite 401
Tucson, AZ 85701
Town of Marana:
Keith Brann, Town Engineer
Town of Marana
11555 W. Civic Center Drive
Marana, AZ 85653
19. Remedies . Either party may pursue any remedies provided by law for the breach of this MOU.
No right or remedy is intended to be exclusive of any other right or remedy and each shall be
Marana Regular Council Meeting 11/03/2021 Page 17 of 131
Exhibit A to Marana Resolution No. 2021-138
Regional Traffic Signal Program, Equipment 00077972.DOCX /1 7
cumulative and in addition to any other right or remedy existing at law or in eq uity or by virtue
of this MOU.
20. Counterparts . This MOU may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
The signature pages from one or more co unterpart may be removed from such counterpart and
attached to a single instrument.
In Witness Whereof, the Town of Marana has caused this MOU to be executed by the
Mayor and Town Clerk, and PAG has caused this MOU to be executed by its Executive Director.
PIMA ASSOCIATION OF GOVERNMENTS
__________________________________ ________________
Executive Director Date
TOWN OF MARANA
__________________________________ _________________
Mayor Date
ATTEST:
______ ___________________
Town Clerk Date
The foregoing MOU between Town of Marana and PAG has been approved as to content and is
hereby recommended by the undersigned.
______________________________ _____________________________
Mr. Farhad Moghimi, Executive Director Keith Brann, Town Engineer
ATTORNEY CERTIFICATION
The foregoing MOU by and between PAG and Town of Marana has been reviewed by the
undersigned who have determined that it is in proper form and is within the powers and authority
granted under the laws of the State of Arizona to those parties to the MOU.
Pima Association of Governments:
______________________________ ______________
Thomas Benavidez, Attorney for PAG Date
Town of Marana:
______________________________ ______________
Jane Fairall, Town Attorney Date
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Exhibit A to Marana Resolution No. 2021-138
Regional Traffic Signal Program, Equipment 00077972.DOCX /1 8
PAG TIP Memorandum of Understanding
Exhibit A
Base Information
Project Name Regional Traffic Signal Program; Equipment
TIP ID 4.22
Project Location Town wide
Project
Description
To support traffic signals and devices that are not currently connected to the
system, and to enable the Town to add future traffic signals, the Town
proposes purchasing 15 Maxview licenses. This project supports the Town’s
Intelligent Transportation system (ITS) goals of traffic signal coordination,
seamless traffic signal operations across jurisdictional boundaries, and
transportation system communications.
Project Contact Diahn Swartz
Project Contact (520) 382-2675 dswartz@maranaaz.gov
Estimated Project Schedule
Phase Estimated Start Date Estimated End Date
Procurement 8/1/2022 10/31/2022
Installation 11/1/2022 12/31/2022
Estimated Project Budget
Phase Regional
Funding
Source
Year Amount Match
Req.
Other
Funding
Source
Year Amount
Procurement STP FY 2022 $56,580 $3,420 Town of
Marana
FY 2022 $0
Please list any agreements related to the project:
The project will need to be established with ADOT for using federal funding prior to initiating
any phase of the project.
For Infrastructure Projects: mark all that apply
ADA Enhancements Landscaping Signals
Art Medians Signalized Ped Crossing
Bike Racks Multiuse Paths Signing
Bridge New Bike Lanes Sound Walls
Bus Pullouts New Sidewalks Street Lighting
Culverts Overpass Striping
Curbs Pavement Preservation Turn Lanes
Detection Cameras Pedestrian Lighting Underpass
Drainage Structures Rubberized Asphalt Utility Relocation
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Exhibit A to Marana Resolution No. 2021-138
Regional Traffic Signal Program, Equipment 00077972.DOCX /1 9
Guardrails Right of Way Purchase Wildlife Crossing
Additional Project Features
N/A
Describe how the region as a whole will benefit from this project, including any jurisdictions that
will be affected or receive benefits from the project.
Installation of the 15 Maxview licenses supports the Town’s Intelligent Transportation system
(ITS) goals of traffic signal coordination, seamless traffic signal operations across
jurisdictional boundaries, and transportation system communications.
Marana Regular Council Meeting 11/03/2021 Page 20 of 131
Council-Regular Meeting C2
Meeting Date:11/03/2021
To:Mayor and Council
Submitted For:Libby Shelton, Deputy Town Attorney
From:Libby Shelton, Deputy Town Attorney
Date:November 3, 2021
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution 2021-139: Relating to Police Department; approving and
authorizing the Chief of Police to execute an intergovernmental
agreement between the State of Arizona Department of Public Safety
and the Town of Marana regarding the administration, funding and
operation of the Arizona Vehicle Theft Task Force (Libby Shelton)
Discussion:
In October of 2014, the Marana Police Department entered into an Intergovernmental
Agreement with the State of Arizona through the Department of Public Safety,
authorizing Marana PD to assign one officer to the Arizona Vehicle Theft Task Force
(AVTTF). The AVTTF is funded by the State one year at a time and is renewed each July
1st if funding exists. This agreement requires the Chief of Police to execute the IGA for
the 2022 Fiscal Year and then the IGA will renew annually each year for a period not to
exceed four years. This IGA funds 75% of the salary of the assigned officer and 100% of
the pre-authorized overtime. DPS also assigns and maintains the officer's vehicle while
assigned to the task force.
The Arizona Vehicle Theft Task Force was established in January 1997 to provide
statewide expertise in the investigation of property crimes involving stolen vehicles,
related components and insurance fraud. The task force is comprised of city, county,
state and federal law enforcement agencies participating in a concerted effort to identify,
apprehend, and prosecute individuals and criminal organizations that profit from the
theft of motor vehicles and related crimes. The AVTTF also provides subject matter
expertise, training and investigative support to law enforcement agencies targeting
vehicle theft and related crimes. The AVTTF provides a vital mission on behalf of the
Arizona Automobile Theft Authority (AATA) to reduce vehicle theft in Arizona by
Marana Regular Council Meeting 11/03/2021 Page 21 of 131
deterring criminal activity through aggressive, proactive enforcement and by creating a
public awareness through community education. Through continued grant funding
from AATA, the AVTTF will continue to provide exemplary services to the citizens of
the Arizona.
Through this IGA, Marana PD will be a part of a multi-jurisdictional task force that
will focus its efforts within the Town of Marana along with the rest of Southern
Arizona. Marana will have the benefit of many specialized officers working detailed
operations in high auto theft areas throughout Town. In addition to the Marana officer
working the task force, the task force will be responsible for any auto theft case that falls
within the Town boundaries.
Financial Impact:
Fiscal Year:2021-2022
Budgeted Y/N:Y
Amount:$107,492
Staff Recommendation:
Staff recommends approval of the IGA with the State of Arizona Department of Public
Safety.
Suggested Motion:
I move to adopt Resolution No. 2021-139, approving and authorizing the Chief of Police
to execute the intergovernmental agreement between the State of Arizona Department of
Public Safety and the Town of Marana regarding the administration, funding and
operation of the Arizona Vehicle Theft Task Force.
Attachments
Resolution No. 2021-139
Exhibit A - Intergovernmental Agreement
Marana Regular Council Meeting 11/03/2021 Page 22 of 131
Resolution No. 2021-139
MARANA RESOLUTION NO. 2021-139
RELATING TO POLICE DEPARTMENT ; APPROVING AND AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BE-
TWEEN THE STATE OF ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE
TOWN OF MARANA REGAR DING THE ADMINISTRAT ION, FUNDING AND OPER-
ATION OF THE ARIZONA VEHICLE THEFT TASK FORCE
WHEREAS the Arizona Vehicle Theft Task Force (AVTTF) is comprised of city,
county, state and federal law enforcement agencies p articipating in a concerted effort to
identify, apprehend, and prosecute individuals and criminal organizations that profit
from the theft of motor vehicles and related crimes; and
WHEREAS the Town of Marana Police Department wishes to participate in the
AVTTF; and
WHEREAS The Town and the Arizona Department of Public Safety (DPS) are au-
thorized and empowered to enter into agreements by A.R.S. § 11 -952; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best
interests of its citizens to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, AS FOLLOWS:
SECTION 1. Approving the intergovernmental agreement between DPS and the
Town of Marana Police Department, attached to this resolution as Exhibit A, and author-
izing the Chief of Police to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town’s Manager and staff are hereby directed and authorized to
undertake all other and further tasks require d or beneficial to carry out the terms, obliga-
tions, and objectives of this resolution.
Marana Regular Council Meeting 11/03/2021 Page 23 of 131
Resolution No. 2021-139
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 3rd day of November, 2021.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Council Meeting 11/03/2021 Page 24 of 131
Dps coNrRAcr No. )0)l.- I tO
INTERGOVERNMENTAL AGREEMENT
REGARDINC
ARIZONA VEHICLE THETT TASK FORCE
This [ntergovemmental Agreement C'IGA''), which becomes effective on the date last signed, is
entered into between the State of Arizona through its Department of Public Safety ("DPS"), and
the Marana Police Departrnent, ("Agency").
The purpose of this Agreement is to enhance law enforcement services conceming vehicle theft
through the cooperative efforts of the parties to this Agreement.
DPS is authorized and empowered to enter into this IGA pursuant to A.R.S. $ 4l - l7l3 B.3; both
parties are authorized and empowered to enter into this IGA pusuant to A.R.S. $ l1-952.
In consideration of the mutual promises set forth herein, the pades to this Agreement agree to the
following terms and conditions.
I. PARTICIPATION
The Agency agrees to assign one (1) AZ P.O.S.T. certified swom law enforcement ("officer") to
the Arizona Vehicle Theft Task Force, ("Task Force"), on a full-time basis, for such assignments
within the purposes ofthis Agreement, as directed by DPS. The Agency agtees the assigned officer
shall be in compliance with DPS residency requirements.
During the term of the IGA, Agency and DPS agree that Agency shall continue to provide an
officer with all employment-related benefits, rights, and privileges. The officer must abide by all
of Agency's applicable rules and regulations and are subject to Agency's disciplinary process. In
the event the officer is involved in a critical inciden! as defined by DPS policy, Agency agrees to
cooperate with, and participate in, any investigation and/or critical incident review conducted by
DPS for the purpose ofevaluating the policies and procedures utilized by the Task Force.
II. DPS'S RESPONSIBILITIES
Based upon the offrcer's completed DPS weekly time sheets, DPS will reimburse Agency on a
monthly basis for seventy-five (75%) percent of personal services and employee-related expenses
that accrue during the term of the IGA (depending upon firnding from the Arizona Automobile
Theft Authority). Personal services and employee-related expenses are defined as gross pay, FICA
taxes, health, dental, and life insurance, workers compensation, retilement, overtime, and sick,
vacation, and personal leave. Vacation and sick leave that accrues but is not used will not be
reimbursed.
Overtime compensation will be for Task Force-related activities only. DPS will reimburse all
overtime compensation (based upon DPS rules, not to exceed 20 hours per month). The officer
must perform a minimum of forty (40) hours of Task Force-related work for DPS to reimburse for
overtime in any given week. The twenty (20) hours of overtime per month may be exceeded
without contacting Agency ifDPS determines that additional frrnding is available, and the overtime
is authorized by the respective district commander.
Exhibit A to Marana Resolution No. 2021-139
Marana Regular Council Meeting 11/03/2021 Page 25 of 131
All DPS approved travel expenses will be reimbursed directly to the officer by DPS under the
employee travel reimbursement guidelines established by the Arizona Department of
Administration. The amount reimbursed for travel expenses shall be for actual costs incurred
during the eflective dates of this IGA.
III. AGENCY'S RESPONSIBILITIES
Prior to the officer commencing work at DPS. the Agency shall fumish DPS with the information
necessary for DPS to pay personal services and employee-related expenses as defined in paragraph
II. Agency will pay the remaining twenty-five (25%) percent of the personal services and
employee-related expenses. DPS will not reimburse Agency for salary increases or changes to
base salaries, unless Agency submits the changes to DPS at least sixty (60) days prior to the
effeclive date ofthe change.
IV. AVAILABILITY OF FUI\IDS
Every payment obligation of DPS rurder this Agreement is conditioned upon the availability of
Iimds appropriated or allocated for the payment of such obligation. If funds are not allocated and
available for the continuance of the Agreement, the Agreement may be terminated by DPS at the
end of the period for which fimds are available. No liability shall accrue to DPS in the event this
provision is exercised, and DPS shall not be obligated or liable for any future payments or for any
damages as a result oftermination under this paragraph.
V. IMMIGRATION
All parties agree to comply with A.R.S. $$ 23-214 and 41-4401'
VI. NONDISCRIMINATION
All parties agree to comply with the non-discrimination provisions of the Governor's Executive
Order 2009-09.
VII. INDEMNIFICATION
Each party (as "indemnitor") agrees to indemnifr, defend, and hold harmless the other party (as
,'indemnitee',) from and against any and all claims, tosses, liability, costs, or expenses (including
reasonable a$omey's fees) (hereinafter collectively refened to as "claims") arising out of bodily
injury ofany person (including death) or property damage, but only to the extent that such claims
which rrsult in vicariouVderivative liability to the indemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its offrcers, agents, employees, or
volunteers.
VIII. DRUG FREE WORKPLACE
Any officer assigned to the Task Force will be subject to random and/or for cause, drug and alcohol
tesiing in accordance with Agency's guidelines. If Agency does not have a drug free program, the
July 2021
Page 2 of 4
DPS agrees to assign a deparfinent vehicle to the Agency's officer. The officer is responsible for
maintaining the assigned vehicle in accordance with DPS policy and shall utilize the DPS assigned
vehicle for Task Force purposes only. The officer must meet the ADOA driver training
requirements.
Any other equipment assigned to officers for use during the assignment shall remain the property
ofthe party that assigned the equipment.
Exhibit A to Marana Resolution No. 2021-139
Marana Regular Council Meeting 11/03/2021 Page 26 of 131
IX. RNCORDKEEPING
All records regarding the IGA, including time accounting logs, must be retained for five (5) years
in compliance with A.R.S. $ 35-214.
X. FEES
Neither party may charge the other for administrative fees for any work performed pursuant to the
IGA.
XII. ARBITRATION
In the event of a dispute under this IGA, the parties agree to use arbitration to the extent required
underA.R.S. $$ 12-1518 and l2-133.
XIII. WORKER'S COMPENSATION BENEFITS
Pursuant to A.R.S. 5 23-1022 D., for the purposes of workers compensation coverage, Agency
officers shall be deemed to be employees of DPS and Agency. Agency, as the primary employer,
shall be solely liable for payment of workers compensation benefits and the processing of any
claims occurring during the officer's assignment to the Task Force.
XIV. LIMITATIONS
This agreement in no way restricts either party from participating in similar activities with other
public or private agencies, organizations, and individuals. Nothing in this agreement shall be
construed as limiting or expanding the statutory responsibilities of the parties.
XV. EFFECTIVE DATE/DURATION
The terms of this agreement shall become effective on the date last signed and shall remain in
effect until June 30,2022. The IGA shall renew annually on July 1 ofeach year for a period not to
exceed four (4) years. All prior agreements between DPS and Agency regarding Task Force
participation are superseded as ofthe effective date of this IGA.
XVI. CANCELLATION
This IGA is subject to cancellation for conflicts of interest pusuant to A.R.S. $ 38-511
XVII. TERMINATION
Either party may terminate the IGA for convenience or cause upon thirty (30) days written notice
to the other party. Upon termination, DPS shall pay all outstanding amounts up through the
effective date of the termination. All property shall be retumed to the owning party upon
termination.
July 2021
Page 3 of4
officer will be required to submit to testing pursuant to the DPS Drug Free Workplace Program.
Each assigned officer shall be subject to t}re responsibilities ofand shall retain all rights as provided
for in the DPS Drug Free Workplace Program Manual, DPS Form Number DPS 932-02056. DPS
shall not charge any fee or cost to Agency for officers who undergoes testing. OIficers may be
removed from the Task Force for failure to comply with the program or failure to pass DPS drug
screening requirements.
XI. JURISDICTION
Agency agrees to permit offrcers to work outside oftheir regular jurisdictional boundaries.
Exhibit A to Marana Resolution No. 2021-139
Marana Regular Council Meeting 11/03/2021 Page 27 of 131
XVIII. NOTICE
Any notice required to be given under lhe IGA will be provided by mail to:
XV. VALIDITY
This document contains ihc entire agreement between the psrties 8nd rray not be modified'
amcnded, altercd, or cxknded except through a witten amedment signed by both parties. If
any portion ofthis Agrcemcnt is held lo be invalid, the remaining provisions shall not be
afrccted.
The parties horeto have caused this IGA to be executed by the proper officers and officials.
STATE OF ARIZONA AGENCY
By:By:
Kenneth Hunter, Lieutenant Colonel Reuben Nufiez, Chief
Chief of Police
Marana Police Department
Major Waltcr D. Merccr
fuizona Deparunent of Public Safety
P, O. Box 6638
Phoenix, Arizona 85005
Chief Reuben Nuflez
Marana Police Department
I 1555 West Civic Centcr Drive
Marana, Arizona 85653
APPROVED AS TO FORM
City Attomey
Deputy Director
Arizona Departmenr of Public Safety
Datet /o//),/raJ-/
APPROVED AS TO FORM
Assistant Attorney General
July 2021
Page 4 of4
Date:-
Exhibit A to Marana Resolution No. 2021-139
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Council-Regular Meeting C3
Meeting Date:11/03/2021
To:Mayor and Council
Submitted For:Libby Shelton, Deputy Town Attorney
From:Libby Shelton, Deputy Town Attorney
Date:November 3, 2021
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2021-140: Relating to the Legal Department; approving
and authorizing the Town Manager to execute the One Arizona
Distribution of Opioid Settlement Funds Agreement and related
settlement agreements (Libby Shelton)
Discussion:
Following an Executive Session on December 15, 2020, the Council authorized the Town
Manager to sign the One Arizona Opioid Settlement Memorandum of Understanding
(MOU) which provided a framework for distributing opioid settlement funds to state
and local governments by employing formulas and data collected regarding opioid use
disorder, opioid overdose deaths, and the amount and potency of opioids shipped to
each community. By signing the MOU, the Town agreed to the proposed distribution
mechanism to receive its share of the opioid settlement funds. All the counties and 90 of
91 cities in Arizona signed on to the MOU.
There have now been settlements reached with three opioid
distributors: McKesson; AmerisourceBergen; and Cardinal (the "Distributors
Settlement"). The second settlement is with opioid manufacturer Johnson & Johnson
(the "J&J Settlement"). The Attorney General's Office, on behalf of the State, has
formally indicated the State of Arizona's conditional approval for both the Distributors
Settlement and the J&J Settlement. The next phase for both settlements consists of
subdivision sign-on. If enough subdivisions participate in Arizona and across the nation
(called "critical mass") then both settlements will be finalized.
If the settlements are finalized, Arizona will receive up to $549 million from the
settlements, with the monies to be used for opioid treatment, prevention, and
education. By signing the One Arizona Distribution of Settlement Funds Agreement (theMarana Regular Council Meeting 11/03/2021 Page 29 of 131
education. By signing the One Arizona Distribution of Settlement Funds Agreement (the
"Agreement"), the Town is bound to the distribution agreement and Arizona can
participate in the national settlements. The Agreement provides for:
A 44/56 split between the state and local governments;
Requirements that the money be used combat the opioid agreement and that basic
reciprocal reports be made;
Allocations of settlement funds based on data; and
Local government use of settlement resources for constituents without state
authorization of local government spending.
The Agreement added additional terms different from the MOU as follows:
The national settlement administrator for each settlement can send funds to the
state and subdivisions directly;
If the federal government claims some of the settlement funds under federal law,
the claimed funds will come from the total settlement funds before allocation to the
state and subdivisions;
A parity provision related to the Purdue bankruptcy matter;
Clarification that only governments that sign on to the settlement will receive
money; and
Clarification of mechanisms for any subdivision's outside counsel to receive their
fees.
By adopting the Resolution, the Town Manager is authorized to sign the Agreement, as
well as the Distributors Settlement agreement and the J&J Settlement agreement.
Financial Impact:
Fiscal Year:2021-2022
Budgeted Y/N:N
Amount:N/A
Currently, the amount to be distributed has not been included in the Town's budget.
Upon distribution at a future time, staff will allocate budget appropriation and make use
of the funding as per the settlement agreement.
The maximum amount that may be distributed to the Town would be approximately
$1.2 million. However, the final amount to be distributed is subject to a number of
factors including payments of counsel and litigation expenses and claims by the federal
government.
Staff Recommendation:
Staff recommends approval of the agreement.
Suggested Motion:
I move to adopt Resolution No. 2021-140 approving and authorizing the Town Manager
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I move to adopt Resolution No. 2021-140 approving and authorizing the Town Manager
to execute the One Arizona Distribution of Opioid Settlement Funds Agreement and
related settlement agreements.
Attachments
Resolution No. 2021-140
Exhibit A - Settlement Agreement
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00073534.DOCX /3
Resolution No. 20 21-140 - 1 -
MARANA RESOLUTION NO. 2021-140
RELATING TO THE LEGAL DEPARTMENT; APPROVING AND AUTHOR IZING THE
TOWN MANAGER TO EXECUTE THE ONE ARIZONA DISTRIBUTION OF OPIO ID
SETTLEMENT FUNDS AGREEMENT AND RELATE D SETTLEMENT AGREEMENTS
WHEREAS the opioid epidemic has had a devastating impact on communities
across the country including the Town of Marana ; and
WHEREAS state and local governments across the country have filed lawsuits
against the manufacturers and distributors of opioids due to the impacts of the opioid
epidemic; and
WHEREAS the proceeds from settlements of these lawsuits are distributed to the
states, and then within the state , the proceeds are distributed to state and local
governments; and
WHEREAS on December 15, 2020, the Town Council authorized the Town
Manager to sign the One Arizona Opioid Settlement Memorandum of Understanding
(“MOU”) which provides a framework for distributing opioid settlement funds to the
state and local governments by employing formulas and data collected regard ing opioid
use disorder, opioid overdose deaths, and the amount and potency of opioids shipped to
each community; and
WHEREAS the State of Arizona, all fifteen counties and 90 of 91 cities, have agreed
to the MOU; and
WHEREAS settlements have been reached with three opioid distributors:
McKesson; Amerisource Bergen; and Cardinal (the "Distributors Settlement") and one
opioid manufacturer, Johnson & Johnson (the "J&J Settlement") and the Arizona Attorney
General has formally indicated Arizona's conditional approval for the settlements; and
WHEREAS the One Arizona Distribution of Opioid Settlement Funds Ag reement
("Agreement") is a binding distribution agreement for the settlement funds and the Town
must also sign the Distributors Settlement agreement and the J&J Settlement agreement
to receive funds; and
WHEREAS the Town Council finds that it is in the best interests of the community
to execute the Agreement, the Distributors Settlement agreement, and the J&J Settlement
agreement so that the Town of Marana can receive its share of the opioid settlement funds
and be able to use those funds to address the opioid epidemic in the community.
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00073534.DOCX /3
Resolution No. 20 21-140 - 2 -
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The One Arizona Distribution of Opioid Settlement Funds
Agreement, attached to and incorporated by this reference in this resolution as Exhibit A ,
is hereby approved, and the Town Manager is hereby authorized and directed to execute
it for and on behalf of the Town of Marana.
SECTION 2. The Town Manager is further authorized and directed to execute the
Distributors Settlement agreement and the J&J Settlement agreement upon receipt by the
Town of those documents and when the Town Attorney or designee has reviewe d and
approved the documents as to form and substance .
SECTION 3. The Town’s Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the Agreement, the Distributors Settlement agreement, and
the J&J Settlement agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 3rd day of November, 2021.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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Exhibit A to Marana Resolution No. 2021-140
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Exhibit A to Marana Resolution No. 2021-140
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Exhibit A to Marana Resolution No. 2021-140
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Exhibit A to Marana Resolution No. 2021-140
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Exhibit A to Marana Resolution No. 2021-140
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Exhibit A to Marana Resolution No. 2021-140
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Exhibit A to Marana Resolution No. 2021-140
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Exhibit A to Marana Resolution No. 2021-140
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Exhibit A to Marana Resolution No. 2021-140
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Exhibit A to Marana Resolution No. 2021-140
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Exhibit A to Marana Resolution No. 2021-140
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Council-Regular Meeting C4
Meeting Date:11/03/2021
To:Mayor and Council
From:David Udall, Associate Town Attorney
Date:November 3, 2021
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2021-141: Relating to Special Events; approving and authorizing
the Mayor to sign a license agreement between the Town of Marana and
the Marana Health Center, Inc. allowing the Marana Health Center to utilize
certain properties owned by the Town for its 2021 Balloon Fest event (David L.
Udall)
Discussion:
The Marana Health Center (MHC) will be holding its BalloonFest event on November
13, 2021. This event is expected to attract approximately 10,000 people to the MHC
Healthcare Campus property located at 13395 N. Marana Main St., Marana, AZ 85653,
and it will include multiple food and entertainment vendors, a car show, skydivers
landing onto the property, emergency vehicle displays, fireworks, and eight to ten hot
air balloons, including a tethered balloon for rides.
MHC has requested to use vacant, Town-owned properties surrounding the Healthcare
Campus for event parking and balloon staging, as shown on the site plan submitted by
MHC, a copy of which is attached to the license agreement accompanying this agenda
item as Exhibit A. If approved, this item will authorize the Mayor to sign the attached
license agreement allowing MHC to utilize the vacant properties subject to the terms of
the agreement.
Staff Recommendation:
Staff recommends approval of the license agreement between the Town of Marana and
the Marana Health Center, Inc. allowing the Marana Health Center to utilize certain
properties owned by the Town for its BalloonFest event.
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Suggested Motion:
I move to adopt Resolution 2021-141, approving and authorizing the Mayor to sign a
license agreement between the Town of Marana and the Marana Health Center, Inc.
allowing the Marana Health Center to utilize certain properties owned by the Town for
its 2021 Balloon Fest event.
Attachments
Resolution No. 2021-141
Exhibit A - License Agreement
Marana Regular Council Meeting 11/03/2021 Page 83 of 131
Resolution No. 2021-141
MARANA RESOLUTION NO. 2021-141
RELATING TO SPECIAL EVENTS; APPROVING AND AUTHORIZING THE MAYOR
TO SIGN A LICENSE AGREEMENT BETWEEN THE TOWN OF MARANA AND
THE MARANA HEALTH CENTER, INC. ALLOWING THE MARANA HEALTH
CENTER TO UTILIZE CE RTAIN PROPERTIES OWNED BY THE TOWN FOR ITS
2021 BALLOONFEST EVENT
WHEREAS the Marana Health Center (MHC) will be holding its BalloonFest event
on November 13, 2021 on properties owned by MHC; and
WHEREAS MHC has requested to utilize nearby vacant properties owne d by the
Town of Marana for event parking and balloon staging ; and
WHEREAS the Mayor and Council find that approving a license agreement
allowing MHC to utilize certain Town-owned properties for its 2021 BalloonFest event is
in the best interests of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. The license agreement between the Town of Marana and the Marana
Health Center, Inc., in substantially the form attached to and incorporated by this
reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby
authorized to sign it for and on behalf of the Town of Marana .
SECTION 2. The Town’s Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the license agreement.
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Resolution No. 2021-141
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 3rd day of November, 2021.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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Exhibit A to Marana Resolution No. 2021-141
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Exhibit A to Marana Resolution No. 2021-141
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Exhibit A to Marana Resolution No. 2021-141
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Exhibit A to Marana Resolution No. 2021-141
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Exhibit A to Marana Resolution No. 2021-141
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Council-Regular Meeting C5
Meeting Date:11/03/2021
To:Mayor and Council
Submitted For:Mo El-Ali, Public Works Director
From:Dan Grossman, CIP Process Analyst
Date:November 3, 2021
Strategic Plan Focus Area:
Not Applicable
Subject:Relating to Procurement; approving an increase in budgeted expense
authority of up to $100,000 of HURF fund (Fund # 2060), for the
Hartman Road Rehabilitation project; authorizing the transfer of
appropriations, if necessary, for the increase in project budget; and
authorizing the Town Manager or designee to execute the necessary
documents to effectuate the increase in budgeted expense authority. (Mo
El-Ali)
Discussion:
Marana Town Code Section 3-4-7 provides generally that the Town Council approves
purchases through the inclusion of the purchase in the Town's adopted budget.
However, per section 3-4-7(B)(2), separate Town Council approval is necessary where
the purchase exceeds $50,000 and funds for the purchase are not provided in the budget
as adopted.
The budget for fiscal year 2021-2022 was adopted on June 15, 2021. The Hartman Road
Rehabilitation project was not included within the Town of Marana’s FY2022 Capital
Improvement Plan.
The Town of Marana has received a request from Pima County to participate in the
rehabilitation of Hartman Road. This project consists of milling the existing roadway
asphaltic surface and overlaying the road with new asphalt. Pima County and the Town
of Marana each own separate portions of the right of way on Hartman Road. Pima
County has requested that the Town participate in their project to rehabilitate the road
so that a continuous rehabilitation of the roadway surface is achieved within the project
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boundaries. The estimated cost of construction for this project is $70,000. As per our
existing IGA with Pima County, the town will pay Pima County 20% of the cost of the
project for construction management services. An additional $16,000 is being requested
to fund any unforeseen expenses that may occur, for a total estimated project cost of
$100,000.
Financial Impact:
Fiscal Year:2022
Budgeted
Y/N:
No
Amount:$100,000.00
This is an increase in budgeted expense authority of up to $100,000, from within the
HURF fund (Fund 2060) to the Hartman Rd Rehabilitation project. A budget
adjustment will be transferred from the Restricted line item.
Staff Recommendation:
Staff recommends the described addition of expenditure authority for the Hartman Road
Rehabilitation project.
Suggested Motion:
I move to approve the increase in budgeted expense authority of up to $100,000 from the
HURF fund (Fund #2060) for the Hartman Road Rehabilitation project and authorize the
Town Manager or designee to execute the necessary documents to effectuate the increase
in budgeted expense authority and the transfer of appropriations, if necessary, for the
increase in project budget.
Attachments
No file(s) attached.
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Council-Regular Meeting C6
Meeting Date:11/03/2021
To:Mayor and Council
From:Cherry L. Lawson, Town Clerk
Date:November 3, 2021
Subject:Approval of the Regular Council Meeting Summary Minutes of October 19,
2021 (Cherry L. Lawson)
Attachments
Regular Council Meeting Summary Minutes, 10/19/2021
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Regular Council Meeting Summary Minutes
October 19, 2021, P a g e | 1
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 19, 2021, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
Patti Comerford, Council Member
Jackie Craig, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call
the roll. Mayor Honea, Vice Mayor Post, Council Members: Jackie Craig, Patti
Comerford, Roxanne Ziegler, John Officer, and Herb Kai (Excused).
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE : Led by Mayor
Honea.
APPROVAL OF AGENDA
Vice Mayor Post moved and Council Member Officer second the motion approving the
agenda as presented. Motion passes, 6-0.
CALL TO THE PUBLIC
PROCLAMATIONS
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PR1 Proclamation recognizing October 17 - 23, 2021 as, "Arizona Cities & Towns
Week" (Cherry L. Lawson)
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Comerford reported that the Fall Festival was a wonderful event. She
gave kudos to the Town staff that put on the event.
Council Member Ziegler commented on the Fall Festival.
Mayor Honea commented on the Fall Festival stating it was a great event and well
attended by the community. He and Mr. Rozema toured the community and stated
housing developments are occurring around the town. They toured the Hartman
project where there is about 700 homes being built. He also commented on the new
businesses that have opened or due to open in the Marana community.
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
Town Manager Terry Rozema reported on the following:
• The November 2, 2021 Council Meeting is canceled due to it falling on Elections
Day, and is resche duled for Wednesday, November 3 at 6pm.
• Development Services Department issued 83 single family residential permits for
the month of October 2021. In September, we issued 82 permits.
• Community Conversations relative to the discussion on water, the Town has
scheduled four of those sessions, starting on October 26 at the Highlands at Dove
Mountain. We have one scheduled on November 4 at Coyot e Trails Elementary,
and a third meeting will be held on November 9 in the Marana Police
Department Community Room, all starting at 6 p.m. The fourth meeting will
occur on November 30 at the Sunflower Community Center, the meeting time is
yet to be determined. However, it is likely to start in the early afternoon
• Ribbon cutting for the CAP Trailhead on Saturday, October 30 that will coincide
with another event to kick of the opening of the trailhead. The Mad -Cap Trail
Race is a bike and trail run.
• The Fall Heritage Festival was well attended with 5,000 to 7,000 in attendance on
Saturday. There were lessons to be learned ahe ad for next year event. He
commended staff for a phenomenal job.
PRESENTATIONS
CONSENT AGENDA
C1 Relating to Procurement; approving an increase in budgeted expense authority
of up to $80,000 of Downtown Reinvestment funds (Fund # 3025), for the Marana Road
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Realignment Project (ST044); authorizing the transfer of appropriations, if necessary, for
the change in project budget; and authorizing the Town Manager or designee to execute
the necessary documents to effectuate the increase in budgeted expense authority. (Mo
El-Ali)
C2 Resolution No. 2021-137: Relating to Development; approving a final plat for
Gladden Farms Block 37 Lots 1 - 212 & Common Areas "A" & "B", located south of West
Mike Etter Boulevard, east of Midfield Road, and west of Clark Farms Boulevard (Anita
McNamara)
C3 Approval of the Regular Council Meeting Summary Minutes of October 5, 2021
(Cherry L. Lawson)
Council Member Ziegler moved and Vice Mayor Post second the motion approving the
Consent Agenda as presented. Motion passes, 6 -0.
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an application for a Location/Owner Transfer of
a Series #009 Liquor Store liquor license submitted by Gina Moninder Gill on behalf of
Marana Chevron, located at 13960 N Sandario Rd, Marana, AZ 85653 (Cherry L. Lawson)
Town Clerk Cherry Lawson provided an overview of the application request for a
Liquor License and stated Town staff recommends that an order recommending approval
be submitted to the DLLC for the requested liquor license application.
Vice Mayor Post moved and Council Member Ziegler second the motion to adopt and
submit to the DLLC an order recommending approval of an application for a
Location/Owner Transfer of a Series #009 Liquo r Store, Liquor License submitted by
Gina Moninder Gill on behalf of Marana Chevron located at 13960 N. Sandario Road,
Marana, AZ 85653. Motion passes, 6-0.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1 PUBLIC HEARING: Ordinance No. 2021.022 : Relating to Transaction Privilege
Tax; amending the Town Tax Code by increasing the tax rate on certain activities by one -
half cent for the design and construction, and fixtures, furniture and equi pment, for a
new Multi-generational Community Center and Aquatic Center and for other necessary
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capital improvement projects; amending Sections 8 -460 (Retail sales; measure of tax;
burden of proof; exclusions) and 8 -610 (Use tax: imposition of tax; presump tion) of the
Town Tax Code by adopting Local Option V of the Model City Tax Code establishing an
alternate tax structure for certain sales/purchases; and designating an effective
date (Yiannis Kalaitzidis)
[6:09 PM Minutes:] Mayor Honea open the public hearing to receive public testimony.
Mr. Rozema stated the Town has brought for your consideration of passing an ordinance
to increase the sales tax, from two cents to two and a half cents, for the purpose of
funding, constructing a multigenerational community center and aquatic center. This
topic has been discussed now, thoroughly for the course of a year now dating back to
December.
In December 2020, Parks & Recreation Director Jim Conroy , and his staff completed a
10-year Parks and Recreation Master Plan, and that plan was presented to the Council. It
was later adopted, it was well received, not only by the Council, but by the entire
Community. Mr. Conroy and his staff did a phenomenal job of soliciting feedback from
our community, delivering presentations, as well as community outreach in bringing
forward the Parks & Recreation Master Plan. Given that, the message the Town received
was very loud and clear from our community. The community believe that Marana is
underserved in particular areas related to indoor recreational facilities and aquatic
centers.
That was something that not only we the staff recognized in reading that report and
looking at the surveys and the information that was provided by this community, but it
was something that the Council also recognized, acknowledged, and provided direction
to staff of finding out what we could do to try and fast track a project of this nature.
So, we clearly had a very loud contingent if you will, or very prominent contingent of our
community expressing their support for this. When you looked at the statistics for the
entire town, over 77% of the population either rated this as a high priority or a medium
priority. Those statistics vary depending on what part of the town we took in those
surveys, but at the very lowest it was in the 71% and the very highest it was in the 85%
for our community relative to the recreational facility.
With the Aquatic Center it was even higher, with numbers approaching 90% for certain
areas of our community. This was information that we clearly heard from the community,
as well as the discussions with this Council , and later direction given to Town staff to
advance this project. Council directed Town staff to complete a site study .
Mr. Rozema continued stating the first direction that we received from Council was to
go out and complete a site study . Council is familiar with the parameters that were
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established for that and how we came to the site that we did select. I will, however, take
just a few moments to highlight what those parameters .
He discussed how the site was selected stating it was a repeated question that was asked
in the community about why the Town selected the site that was selected. Once we spent
the time conveying to the community why the site location was s elected, the community
understood. He highlighted a couple of items as follows:
• The dire ction from Council was to find a site that was owned by the T own, that it
needed to be in northern Marana, preferably on or near Marana Main, and those
were the two primary factors . The other one was that we would not be in an area
where we are competing with private sector business, and those were for a number
of reasons. Additionally, the fact that we owned the property means we do not
have to spend the millions of dollars to purchase 15 acres of land to locate the
facility.
• Secondly, the Town does not have to spend a lot of money to develop the property,
because the property that we are looking at is already site ready, shovel ready, and
ready to go for construction.
• Number three, we looked at and talked about was the reality that we know these
types of facil ities spur economic development. It has been a desire for this town
for this community to have a true downtown . This facility joining the other
facilities that are already on Marana Main, we believe that that will in fact spur
some additional economic development in the downtown area specifically on
Marana Main. It is understandable that people wanted the facility closer to their
home; however, Council provided parameters for Town staff to follow related to
the location.
Also relevant to the discussion, this area is the very northern part of the residential area .
As this community grows, the population and the additional growth in residences is
going to be to the north, to Pinal County, and potentially even beyond. Eventually, the
downtown area will be the center of our community. In June, Council unanimously
selected as the location to place the facility at Marana Main and Bill Gaudette.
Three locations we re presented that was one that was preferred by each member of the
Council. At that point, it really boiled down to how we were going to pay for this facility .
As we talked about not only with the Council, but also with our community, and with
staff within the organization, trying to find monies available within the current funding
sources that we have was impossible.
With the growth that we are experiencing in our community, the need to invest in
personnel, the need to invest in infrastructure to ensure that we are providing great
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services, and great amenities to our commu nity, there just was not an amount of money
that would allow us to be able to fund the facility without an additional funding source,
or a new funding source. Town staff presented to Council during the June 22nd Meeting
with the recommendation to fund thi s facility, and that was in the form of a half-cent
sales tax increase.
He explained why the Town recommended a half-cent sales tax stating 1), the Town has
some experience in utilizing a half cent sales tax for the purpose of funding significant
capital improvement projects. We funded a significant portion of a highly used, utilized
roadway at Twin Peaks, trail that goes from Dove Mountain down to I-10, and a portion
of the overpass for that as well. We also funded a police headquarters, one that was badly
needed for our Police Department and allowed our police personnel to continue to grow,
and to provide excellent police services. That half -cent tax fully paid for the police facility.
It is completely owned by the by the Town. With the experience that the Town has had
in utilizing the half-cent sales tax, and we also talked about the reality that half cent sales
tax has the smallest impact on the re sidents of our community.
We had a company that did a study that showed that as high as 65% of the sales tax that
we collect in our community comes from people outside of the town of Marana, so that
means as little as 35% of the burden of paying for the facility rest on the shoulders o f the
people of our community. Whether they a re tourists or people passing through, or
whether they are people just outside of our jurisdiction, they are still people that are using
our services, our roads, our police servi ces, and so on and so forth. Additionally, we had
some good conversations, and provided some illustrations that were helpful to people in
terms of getting in their mind what is the imp act would be personally. We were able to
provide examples to people that if you are somebody who spends $5000 in retail in a
given year, the impact to you personally is $25 for the entire year. If you are somebody
who spends a lot in retail, say 50,000 the impact to you is $250. Once people were able to
get their heads arou nd what the actual impact was, that was also helpful in the
conversations, discussions and emails.
Another reason that we settled, I think on the half cent sales taxes as a good option for
us, is that it does not place Marana outside the norm with regard to municipal sales tax.
Currently, our sales tax i s at two percent (2%). The adjoining municipalities, have a
higher sales tax rate than we do at two and a half and two-point six percent compared to
our two percent. Going to two and a half percent, really puts Marana in line with where
those other jurisdictions are. You know one of the things I heard from people who were
upset about the idea of tax increase is,” well I'll go to this jurisdiction and shop, I'll go to
that jurisdiction is shop, If you raise the tax;” and when I was able to explain to them, that
you would be paying the same amount as you would be here, I think that that to kind of
alleviated some of the angst, anxiety and concern from those who had that concern.
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Mr. Rozema stated those are the highlights of discussion that were held with staff,
Council and members of the Marana community. We had four scheduled presentations
that were in various parts of the community. Each one of those, went very well. We also
did a presentation to the Chamber of Commerce, and we did several impromptu
presentations. As far as feedback, you know we have provided the feedback. The written
feedback. We did a lot of outreach, not only with the presentations, between outreach via
social media, we did outreach via our website and collected the written feedback from
folks, and provided that to the Council.
In the presentations, the overwhelming number of people expressed support for the
project. Some came into the meeting opposing i t, but walked away supporting the project.
So, I think details matter, facts matter, and as we were able to get to the facts, and the
information out there, it did make a difference for the people of our community. There
was one area that I heard repeate dly from people, both in private conversations and in
the presentations . People expressed that they wanted the sales tax to sunset. That was
something that they expressed to me and asked that I would enter and express that to the
Council.
Vice Mayor Post stated we started this project, but it was not necessarily us that dreamed
it up. It just came about through the various surveys that we did . Given that, we are
doing what our community wants us to do, and needs us to do. That we should respect
the wishes of our community as far as the sunset of this tax. He has received emails and
had conversations with members of the community, and they would like for the Town to
build the building, then cancel the tax. He is in favor or that.
Council member Comerford agreed with Vice Mayor Post stating Marana has a proven
track record--we do what we say we are going to do. To leave it open ended would be
something new for us, and she is not willing to do that at this point. She agrees with the
community to sunset the tax.
Council Member Ziegler asked if we sunset the tax, do we have a pro cedure in place on
how that is going to work? It was easier, or it was easy when we had the Police
Department, and we identified what we were going to do . We identified the amount, we
raised the tax, and we sunsetted it. She is not for the sunset; however, if that is what the
rest of the Council wants, I will go with that. She commented on a process to go back to
the community for other projects if the Town sunsets the sales tax. One of the things the
community has discussed was having a performing arts building. I f we sunset and
wanted to build that, the Town would we have to go back and restart this process over
again. She expressed concern over not having raised the tax someone is going to have to
help here, the 2% has not been raised in how many years . She asked how many years has
the two percent (2%) sales tax been in place.
Mr. Rozema replied stating it has been about three years since the PD facility was.
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Council Member Ziegler No, but I mean prior to that. Prior to that, and again to me i t
was a temporary sunset. We we nt back to two other, prior that we've had a two percent
sales tax for years, years and years and years . She expressed concern over sunsetting the
sales tax and the impact to the community for future projects. We have short memories,
and that is what she is afraid of. Right now, all I know i s we are raising the tax a half-
cent, which is what we all agreed on.
Then if we have to sunset, which is fine, but then we must go through another whole
procedure, and we’ll do our outreach again. Unless somebody tel ls me differently. So in
five years from now or six years now we're going to do the whole procedure again, we're
going to do the outreach again. I know I would say, “Not another tax increase, “so, that’s
what my concern is. Why don't we not sunset it? Lea ve it at two point five, and going
forward, nothing changes. We do the two point five, we pay off the Aquatic Center and
the Rec Center. If you want to put that money, if you want to continue to take the five
percent and put it over into whate ver Yiannis counts, that's fine. At least you would not
have to go through another three and a half months or four months of doing the same
thing again, just to get the same result.
Vice Mayor Post commenting stating that is what makes Marana, Marana. Our citizens
trust that we are going to let them know what we are going to do with our money. He
does not believe that it is too much work to go back to the community if another project
comes up in the future. He asked what is wrong with going out and getting the feedback
from our residents and telling them what we need to do, and why we need to do it, and
how important it is.
Council Member Ziegler replied stating it is not the issue of trust to me, but rather an
issue of efficiency. Vice Mayor Post stated it is easy to spend money. Council Member
Ziegler stated if you have lived in Marana longer than three years, or four years, we
have a very good track record.
Vice Mayor Post commented stating if I’m just an ordinary resident, of the T own of
Marana, I want to see that. I want to see our T own have these community meetings
where they explain to us what they are going to do with the money , as well as why it i s
important that we raise the tax. That is true representation of our community, to do
that.
Council Member Ziegler commented stating she understands Vice Mayor Post point
of view. However, stated she does not know why we would still put that money to the
side, and we would still be very transparent, and very truthful. Those funds would be
set aside for future projects without having to repeat the process.
Vice Mayor Post stated l ike that children’s story book, where it says you give a mouse a
cookie, you know, it just keeps, you know, I mean, it's easy to spend money, you know.
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Council Member Ziegler stated she woul d rather see it not sunset, as she commented on
the police facility process. We went out, checked with your community set it at two-point
five percent (2.5%) and we sunset it. She reiterated that she feels it is best to not sunset
the sales tax, as it is a matter of efficiency of the process, not an issue of trust. Again, I
suggest we would do community outreach as we do all the time. The only difference is it
would be just more efficient and must do another three or four months of it .
Council Member Craig stated up to this point I had been in favor of not sunsetting the
half-cent sales tax, because there are many big infrastructure projects that still need to
be done after this is over. Like Mr. Rozema said, she has heard a lot of comments from
the community that they want the sales tax to be sunset. I also know from working in
my HOA that if there is money there you wi ll find a way to spend it. If we have to go
out and do this whole thing again, it would mean that i t was a very important project to
us. It is not quite the same thing as having money there that let's find a way to spend it.
She is in favor of sunsetting the tax.
Mayor Honea stated we estimate about $6M a year or more , as that amount may increase
because Marana is growing at a rapid rate. Even if it averages seven over the life of the
project, it is going to take six years to raise $42 million. That does not include interest if
we borrow some of the money on it. You know, have we come up with, I mean would it
be eight years or whenever the project is paid for, or seven years . He asked how we would
set the limit. With the PD we said four years or less, and it was paid off in 3 1/2.
Mr. Rozema replied stating we did have these discussions as we prepared this, and
deferred to Town Attorney Jane Fairall to provide the language that was prepared and
discussed.
Town Attorney Jane Fairall addressed the Council stating we prepared some language
for your consideration:
• With the police facility, it s aid we would collect $18 million. There was no time
frame it just said $18 million.
• Once we hit that, the Finance Director would notify Department of Revenue to
stop collecting.
• We are suggesting at this point is that when the Town Engineer and the Finance
Director determined tha t the Town has collected funds sufficient to complete the
design and construction of the Multigenerational Community Center and Aquatic
Center, including equipping it. The Finance Director shall notify the Arizona
Department of Reve nue to cease collection of the increase at the earliest
opportunity in accordance with legal and administrative requirement then in
effect.
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• That last language is like what we did with the police facility. The Town would
have to notify ADOR to stop collecting it.
• It would be a subsequent section that would say , if we continue to collect some
more beyond that amount, it will be used for the facility. For other costs, operating
costs or landscaping.
• The reason why we would include that is because there is a time lapse from when
we tell ADOR to stop and when they stop. There is a little bit extra that gets
collected , as it did happen with the P olice Department facility.
• The Town put that right back into the P olice Department facility for some extra
things that needed to get done.
So that's what we are suggesting at this point. Of course, up to any further discussion of
what type of language you'd want to see in there.
Council Member Officer stated he has talked with a lot of people, and the Fall Festival
was a good example of the people that he saw. There were people from all the
communities around us, that come and participate, and buy and go to school, and have
the fun things going on, and it goes on in Marana. Those are the ones that will be affected
with this. There have been other residents or seniors to ask whether the Council would
sunset the sales tax, or maintain it. If the Council sunset it, we have the project, our
history behind us, no ma tter who i s on the Council, we can always talk about the Roads
we built, the Police facility, Aquatics facility, the things that have been done when we go
out and talk with the Community. Marana has been busy building up the community,
and the people in the community are aware of the Town progress. If we continually do
that, continually be able to build the Marana that everybody has learned to love and
appreciate being a part of.
Council Member Comerford stated it is important to always involve the community, it
i s not just hearing from them and hearing what they want. It is also part of the education
process, as there is a lot of bad information. Bad information that goes out to people, that
Marana does not have a property tax. It is our opp ortunity to say this is what we have
done in the past. It is our responsibility as a government to go out and let people know
this is what we've done in the past. We have to let people know that they have a little bit
of a say, a lot actually, in what the Town is going to do . She asked Ms. Fairall a question
regarding the number, as she did not hear a number being provided. She stated that she
wants an estimated number, because the amount was $18M with the Police Department.
That she really would like to see a number so that it gives everyone an i dea that this really
is going to sunset.
Mr. Rozema replied stating right now to put a number on it is difficult, because we are
in the early stages of this, and we do not have an estimate of what the cost is going to be.
We could certainly look at what other facilities have cost in other jurisdictions, but a lot
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changed in the last year and a half two years. He thinks the language that Ms. Fairall
provided was great including language that would require the Town to sunset at the
point that the project is complete and accepted by the town.
Vice Mayor Post stated when we did the Police Station, we had a couple of lagging items
that lingered as to the finishing up the full entire project . He is concerned about the
language. That he wants to make sure that the Town build the buildi ng to completion.
He wants to ensure that staff have the language appropriate to actually finish the project
to its completion, maybe even take it out to, six months of operation or something to that
effect, to where we are going to be pre pared to operate this facility. He continued stating
when something that comes along that was unforeseen and we were seeing that in almost
every project that we do, something comes along unforeseen that costs the Town General
Fund, you know multiple millions of dollars would be very difficult to absorb. I was
wondering if we can picture the language addresses that.
Mr. Rozema stated the langu age that Ms. Fairall provided was well stated , and believe
that it would cover that. He does not believe that there were additional cost resulting in
delays with the construction of the police facility. It was just a matter of process and
approvals from the Fire Department and things of that nature . The other thing to keep in
mind is certainly that, once the Town notifies the Arizona Department of Revenue that
we have accepted completion, and they can stop collecting the tax , it takes a while for
that that machine to stop . He noted that after Marana collected the $18M for the police
facility, and Town staff notified ADOR that they can cease collecting the tax , that tax
continued to be coll ected by a variety of businesses throughout our community .
Finance Director Kalaitzidis stated the amount was $18.3M collected.
Mr. Rozema stated $300,000 additional money was collected after we concluded and
settled on the $18M or achieved the $18M. Vice Mayor Post stated he was fine if Mr.
Rozema think the language would cover that.
Deputy Town Manager Erik Montague stated some of the uncertainty associated with
the cost as mentioned by Mr. Rozema, one of the things that we would from an overall
process is to anticipate that the delivery of this project will be through a Construction
Manager at Risk process . At some point in the future we wi ll have either one or more
than one, what is called Guaranteed Maximum Price. The sum of either just the one, or
multiple GMP’s will give us a total cost of that project and that it should be known at that
time. The amount is not known until we get those Guaranteed Maximum Prices as well
as we anticipate to deliver this project, we are going to finance it. One thing that we might
suggest is slightly modifying the language whereas Ms. Fairall just read that it basically
completes the design and construction. What it might say to allow for the financing costs
to be considered as part of the overall cost of the project as add and say design,
construction and finance of the same facilities to give us a little bit more flexibility.
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Council Member Ziegler stated for the last year and a half we have been given a
presentation, several times regarding things, and I think Jackie talked about a few
minutes ago, on things other than the Rec reation Center and pool . The Town of Marana
is goi ng to need in the future roads, drainage, and the wastewater facility.
Marana is never sure on how mu ch were going to get from HURF F unds to cover our
roads. That was something that was presented to the Council that we are going to need
money one day. Other than HURF F unds and other things we get to make sure our roads
stay in the repair that they are, drainage, we know North Marana when it rains it floods,
and it is not a good situation. We have talked about how we going to fund that, and lastly
our wastewater facility. We are very proud of our wastewater facility. We have done a
great job with that since we took it from the county, bought it from the county, but again
there’s a lot to be done there too.
We talked about how we were going to, what monies were we going to use, oth er than
subsidizing through the General Fund. What monies could we use to make sure these
three things are funded ? That is when we talked about the two point five (2.5). She asked
how will the Town fund roads, drainage, wastewater facility, and other proj ects if we are
taking the two point five (2.5%) and putting those funds into the Recreation Center.
She has championed the Recreation Center for last two years . It is not that I do not want
a Recreation Center, rather she wants to ensure that the funds for roads, drainage and
wastewater are in place. If we are going to sunset the two point five (2.5%), roads and
drainage and wastewater it is not going away. She asked how will the Town fund the
other projects if the sales tax is sunset, and Marana returns to the two percent (2%) tax.
She expressed concern over the gap that may provide challenges to the Town in handling
future capital projects.
Mark Johnson stated he is a Marana resident and is the President of Tortolita Alliance.
This proposed sales tax increase should be put on hold till the economy improves the
current CPI for the Western United States is five-point three percent compared to a year
ago. Inflation is going to be a burden on all of us and we do not need to compound it with
a new sales tax increase. If you do decide to proceed, there are several issues with this
sales tax increase that need to be corrected. Number one, construction contracting is
proposed to be exempt from the sales tax increase. We heard tonight that there are houses
going up, left and right. Why are we giving the development community another free
pass? The development community will benefit from these facilities. They should pay
their fair share. Aquatic Centre app ears to be the real need for the community, but a new
community center is something that could be put on hold. There are plenty of existing
revenue venues that the co mmunity could use to meet. The Aquatic Center should be
built at the centroid of Marana. Which is the I-10 Twin Peaks corridor, so that all the
residents can easily access the facility, if the proposed site is used, it will be up a one -
hour round trip commute for many residents to utilize the Aquatic Centre. The tax
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proceeds should be spread a cross Marana, not in one location. Build the Aquatic Center
at the centroid and spend the rest on park and recreation improvements in other areas of
Marana. We have heard nothing about the operation and maintenance costs of these
facilities. Who is going to pay for that? I've heard a little bit about user fees, but to
properly analyze this tax and the construction of these facilities the operation and
maintenance cost should be fully vetted. Finally, the sales tax should have the sunset as
you talked about and end when the funds are obtained and allocated, thank you for the
opportunity to speak.
Amy Ruiz Marana resident for 14 years. I also run the Marana Marlins swim team over
at that gorgeous pool we are rocking. I may have been one of the voices at all those
masterplan meetings going pool, pool, pool. Aquatic Center was not part of my language
and I'm super excited. It's like Christmas. Please know this, and that is your sales tax all
of US families who aren't here tonight cause we're busy at high school s and junior highs
and all of the places us. You know the drill moms and dads run. They are paying that
sales tax somewhere else, because we go to all those other places that are more than 10
minutes away to take our kids? So, whether it's Oro Valley or anywhere else, were paying
that, were buying food there all of that. We would love to be the people, even if it's not
just those outside people coming in and paying that majority of the sales tax. We're happy
to pay it. We love our money to stay here in our own community and have that pulled
out aquatic center that community center, because we're already funding it somewhere
else. We'd like it to stay here, as for as staffing, it's going to be our people, and my pools
fills up in ten minutes, one hundred and twenty-five swimmers, in ten minutes. I could
do it three times over every single year it's my most un -favorite day of the year, because
that means crying parents.
I have no place to put my kids in your pool and they drive into Tucson. So, know that
like we have no issue with the funding . I've got an entire pool saying all yeah, we're
happy to spend the funds we do like the sunset just because we love old, Marana’s
concept of put your money where your mouth is. It gets paid off and then we love being
educated because we have a huge group of Red Rock families who come down to our
pool. We have Picture Rocks just like Estes, which is also where I work. We serve over 40
miles and they're happy to drive to that teeny tiny pool and make it happen. Whether it's
also Wade McClain down by the high school we cover our pools here in Marana without
a problem. But we also we fund it, and we pay for our own lifeguards. We pay for o wn
coaching. We pay for our own insurance, and we would be the same staff you would be
hiring to take care of that and do all those things. Whether it’s our teenage kids, mothers
who likes part time jobs, and our husbands. Whatever it is, we're happy to be that staff.
We've been on the sidelines cheering for this for many, many years. It is not something
you have to be worried that's going to be empty. Or is it going to be used? Were the team
that's saying how fast can you give it to us? They already pay the sales tax, and stated
there is no need to be concerned in that respect. We pay for it on the east side when we
drive our kids there, we pay for it in Oro Valley, we drive to Phoenix as are you know,
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any mom that locks up or dad or family member will tell you were already paying for it.
Let the money stay in Marana and fund for the neighborhoods that we believe in our part
of anyways, if you ever need help, let me know.
Jeanie Hilderbrand stated she is one of those parents. I have lived in Marana for 15 years
now we were one of the early, you know families that were in that development. I have
two children and they have been part of the random Marlins swim team for ten years
now this will be our 11th season. She is one of those parents that has already be en willing
to pay more than any other team in the county, every single year to order to have, to not
have to drive across town to Oro Valley to central Tuc son to get the same facilities. T hat
i s where the majority of the activity centers are so it would be amazing to have a facility
here run by people like Amy, by Grant, at least in the Aquatic Center area that we, that
have already been doing this for a long time and just need the facility to do it on a grander
scale. That is to provide the services that that my children have been having, at a smaller
level, on a grander scale for all of those new families. I have hundreds of friends who
have said, “Oh my gosh, I would love to have a place to bring my children,” and there's
it's a limited space, you know, o ver and over and over again. We fight to get in every year
so that we don't have to drive down even just down to South Marana. But still a long
drive. If you're doing it multiple times a day, with small children in tow, my husband is
a deputy chief over in Oro Valley. He drives to that Aquatic Center. To swim to do the
lanes because they have the capacity, and it would be amazing. So, it's not just about kids,
it's about you know anyone who wants to use that facility, and she is happy to be paying
the know half cent sales tax and would continue to do so even after my children are
grown and gone, because it would be great to have. Other people are going to need those
facilities so I hope you would consider that.
Grant Bourguoa stated he is a lifelong resident of the Town. He has been in Marana
resident for 38 years, grew up through the Marana Unified School District, went to
Marana High School, have many different hats worn in Marana Unified, or community
area. You know one of the things that I have been involved in was swimming. I grew up
in the neighborhood over here and had swimming lessons in the old Mara na pool over
35 years ago. The fact that that pool still exists today just goes to show how the Marana
Parks and Recreation Department is done a tremendous job maintaining th at thing. He
has heard of the number of challenges that have been overcome over the last several years
when it comes to that pool . The reality of it is that, the pool is at a critical juncture, and
it's about ready to end. When it comes to, you know what's the critical juncture for the
town? What are we going to do when it comes to building all these homes that were
talking about here this evening? Where are people going to go to recreate aquatic -wise
and the Town has done a tremendous job anticipating that need and continuing moving
forward. But some of the things that I oversee are the Pima County Aquatic Pools, and
one of them is the Marana High School Pool, and that is the Wade McLean P ool. They
have noticed that there are a number of people from the Gladden Farms area coming
over, because there are no opportunities . Unfortunately, the box style swimming pool
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that exists over there, just doesn't really compute to how people recreate aquatic-wise;
and one of the challenges that I think we're all facing is, you know we're seeing swimming
lessons sold out in three (3) minutes. I just think that the project that i s coming up is not
only going to serve the existing residents and put Marana in a position of meeting
additional residents as the town continues to grow.
[7:04 PM Minutes:] Mayor Honea closed the public hearing.
Vice Mayor Post moved and Council Member Officer second the motion to adopt
Ordinance 2021.022 with the language used by Ms. Fairall. Motion passes, 6-0.
D2 Relating to Legislation and Government Actions; discussion and action regarding
all pending state, federal, and local legislation/government actions and on recent and
upcoming meetings of the other governmental bodies (Terry Rozema)
Mr. Rozema stated he did not have a report to present.
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for
discussion or consideration, or consul tation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter listed on
this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A).
FUTURE AGENDA ITEMS
Notwithstanding the Mayor’s dis cretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, pursuant to Marana Town Code Section 2-4-2(B).
ADJOURNMENT
Mayor Honea asked for a motion to adjourn the meeting.
Vice Mayor Post moved and Council Member Officer second the motion to adjo urn
the meeting. Motion passes, 6-0. Meeting adjourned at 7:05 PM.
CERTIFICATION
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I hereby certify that the foregoing are the true and correct minutes of the Marana
Town Council meeting held on October 19, 2021. I further certify that a quorum
was present.
________________________________________
Cherry L. Lawson, Town Clerk
Marana Regular Council Meeting 11/03/2021 Page 109 of 131
Council-Regular Meeting B1
Meeting Date:11/03/2021
To:Mayor and Council
From:David Udall, Associate Town Attorney
Date:November 3, 2021
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2021-142: Relating to Boards, Commissions and Committees;
review and approval of the amended bylaws of the Town of Marana Utilities
Board (David L. Udall)
Discussion:
The Marana Utilities Board was created by Title 16 of the Marana Town Code in 2005,
and it provides an outlet for engaged community members to hear and give comment on
the management and operation of Town of Marana owned and operated utilities,
including water and wastewater. In 2009, the Utilities Board adopted bylaws
establishing guidance for conducting Utilities Board functions.
Since 2009, Title 16 has been revised. In addition to general clean up, this item proposes
amended bylaws that (1) reflect changes to Title 16, (2) capture more accurately the way
the Board has been functioning in practice, and (3) improve Utilities Board functions and
processing.
Pursuant to Section 16-1-3(A)(3) of the Marana Town Code, the bylaws of the Utilities
Board are effective after review and approval by the Marana Town Council. At the
September 15, 2021 Utilities Board meeting, the Utilities Board unanimously
recommended that the Town Council approve the proposed amended bylaws attached
as Exhibit A to this agenda item. If approved, the amended bylaws will become effective
and will replace the current Utilities Board bylaws in their entirety. The old bylaws and a
redline version of the bylaws have been provided as backup materials.
Staff Recommendation:
Staff recommends approval of the amended bylaws of the Town of Marana Utilities
Marana Regular Council Meeting 11/03/2021 Page 110 of 131
Staff recommends approval of the amended bylaws of the Town of Marana Utilities
Board.
Suggested Motion:
I move to approve the amended bylaws of the Town of Marana Utilities Board.
Attachments
Resolution No. 2021-142
Exhibit A
Current Utilities Board Bylaws
Comparison Draft
Marana Regular Council Meeting 11/03/2021 Page 111 of 131
Resolution No. 2021-142
MARANA RESOLUTION NO. 2021-142
RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; REVIEW AND
APPROVAL OF THE AMENDED BYLAWS OF THE TO WN OF MARANA UTILITIES
BOARD
WHEREAS pursuant to Section 16-1-3(A)(3) of the Marana Town Code, the Town
of Marana Utilities Board may “amend bylaws of the board, which shall be effective upon
review and approval by the council”; and
WHEREAS at the September 15, 2021 Utilities Board meeting, the Utilities Board
unanimously recommended that the Marana Town Council revie w and approve
amended bylaws of the Utilities Board ; and
WHEREAS the Mayor and Council find that approving amended bylaws of the
Utilities Board is in the best interest of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCI L OF
THE TOWN OF MARANA, that the amended bylaws , in substantially the form attached
to and incorporated by this reference in this resolution as Exhibit A , are hereby approved,
replacing, in their entirety, the current bylaws of the Utilities Board .
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 3rd day of November, 2021.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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EXHIBIT A TO MARANA RESOLUTION NO. 2021-142
00077136.DOCX /1 1
BYLAWS OF THE
TOWN OF MARANA UTILITIES
BOARD
Adopted April 2009
Amended November 3, 2021
I. POLICY
The Town of Marana Utilities Board was formed by the approval and adoption of Ordinance
No. 2005.20 by the Marana Town Council on September 20, 2005, to provide a consistent and
inviting community forum for the public to hear about and give comments on the
management and operation of Town -owned and operated utilities, including water,
wastewater, street lights, electric and other authorized utility functions.
II. UTILITIES BOARD DESCRIPTION
A. The Utilities Board adopts policies for the operation and maintenance of the Town’s
utilities.
B. The Utilities Board acts in an advisory capacity to the Town Council concerning utility
rates, Water Department budget, utility capital projects and other utility related functions .
C. The Utilities Board undertakes such other functions as requested by the Town Council,
the Town Manager or the Water Director.
III. MEMBERSHIP
A. The membership of the Utilities Board shall consist of the Town Water Director, or a Water
Department employee design ated by the Water Director, three Council-appointed
members who are either Town residents or utility customers of the Town, two Town
employees appointed by the Town Manager and the Town Finance Director or a Finance
Department employee designated by the Fi nance Director. The Town Council shall choose
the Chair of the Utilities Board from among its membership.
B. If a Utilities Board vacancy occurs because of death, resignation or otherwise, the vacancy
shall be filled by the Mayor and Council to serve the unexpired term of the Board member
replaced. Notwithstanding the foregoing, if a Board member position consisting of a Town
employee appointed by the Town Manager becomes vacant, the vacancy shall be filled by
the Town Manager appointing another Town employee to serve the unexpired term of the
Board member replaced.
C. If a Board member is not in attendance for three or more consecutive regularly scheduled
meetings or from more than one-half of the meetings in a calendar year, the Water Director
shall notify the Town Council, who may remove the non-participating Board member.
D. A Utilities Board member may not concurrently serve on any other Town of Marana
citizen’s advisory commission or board.
IV. OFFICERS
A. The Town Council shall select the Chair of the Utilities Board from among the seven
Utilities Board members, and shall have the right at any time to choose a different Chair
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from among the Utilities Board members.
B. The Utilities Board shall select a Vice Chair during its first regularly scheduled meeting of
each calendar year. Selection shall be made by a majority vote of the Utilities Board
members present, and the selected Vice Chair will assume office immediately.
C. The Vice Chair may be removed as an officer by the Utilities Board whenever, in the
judgment of a majority of the Utilities Board members, the best interests of the Board
would be served thereby.
D. The Utilities Board may, by a majority vote of all Utilities Board members, recommend to
the Town Council that the Utilities Board Chair be removed.
E. Any vacancy in the office of Vice Chair will be filled by a majority vote of the Utilities
Board members at the next meeting of the Boar d following the occurrence of the vacancy.
The person selected to fill the vacancy will serve the remainder of the vacancy term.
V. RESPONSIBILITIES OF THE CHAIR
A. The Chair shall preside at all meetings of the Board. In the event of the absence of the
Chair, the Vice Chair shall preside. In the absence of the Chair or Vice Chair, the attending
Board members shall appoint an acting chair.
B. The Chair shall appoint and remove all members to any sub-committees of the Board.
C. The Chair shall preserve order and decide all points of order.
D. The Chair shall assist the clerical support staff in drafting and sign any recommendation
letters and actions taken by the Board. In the absence of the Chair, any other Utilities Board
member may sign on behalf of the Board.
E. The Chair shall coordinate and approve the final format of the agenda no later than one
week prior to the meeting.
F. The Chair may schedule an annual report to be presented to the Council.
VI. RESPONSIBILITIES OF THE VICE CHAIR
In the event of the absence of the Chair, the Vice Chair shall preside at all meetings of the
Board and shall undertake all responsibilities of the Chair that cannot reasonably or prudently
be held in abeyance until the Chair’s return.
VII. RESPONSIBILITIES OF MEMBERS
A. Utilities Board members are responsible to attend regular and special Board meetings.
B. No Board member shall leave any regular or special board meeting during such meeting
without permission of the Chair, which permission shall not be unreasonably withheld.
C. The Board members shall familiarize themselves with and strictly follow the Arizona
Open Meeting Law, including notice of meetings, taking of minutes, issues to be
discussed and the other specifics of the law.
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D. The Board is authoriz ed to call executive sessions, closed to the general public, during
any regular or special meeting, if the executive session is properly noticed and authorized
by A.R.S. § 38-431.03.
VIII. SUB-COMMITTEES
A. All sub-committees of the Board shall consist of at least three members.
B. All sub-committees shall select a sub-committee chair from among the members of such
sub-committee, at the first meeting of the sub-committee.
C. The sub-committee chair shall preserve order and decide all points of order for
meetings of the sub-committee.
D. The sub-committee chair shall set the date, time and place of the first and all subsequent
sub-committee meetings.
E. The sub-committee chair shall bring all actions and recommendations to the Board. No
sub-committee shall be authorized to directly present information to the Town Council,
or take other action, unless it is approved by the Board.
IX. RESPONSIBILITIES OF THE STAFF LIAISON
The Staff Liaison is an ex -officio, non -voting member of the Board and is designated by the
Chair. The Staff Liaison :
A. Assists in the creation of the agenda and reviews the draft agenda for accuracy.
B. Attends scheduled board meetings and takes summary minutes.
C. Prepares updates and arranges for other Town staff to attend Board meetings when
necessary.
D. Prepares responses to inquiries made during public comment.
E. Prepares responses of requests from Utilities Board members.
F. Arranges for meetings that may have a large turnout (new location, chairs, tables, audio
equipment, refreshments , etc.).
G. Brings Utilities Board materials such as member name-cards, maps and other regularly
used materials to each meeting.
H. Sends a copy of approved minutes , signed by the Chair, to the Town Clerk’s office.
I. Oversees, as assigned by the Chair, maintenance of the Board mailing list.
J. Oversees, as assigned by the Chair, maintenance records of Board agendas, approved
minutes and correspondence.
K. Refers all public requests for copies of approved minutes or Board correspondence to the
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Town Clerk’s office.
X. MEETINGS OF MEMBERSHIP
A. The Utilities Board shall hold regular meetings at least twice each calendar year for
transaction of business as may come before the Board. The meetings of the Board
members will be held at times and at locations designated by the Chair.
B. The Chair may convene the Board at any time by notifying the members of the date,
hour and purpose of such special meeting. The Board members shall be given at least
24 hours’ notice of such special meeting by personal notice and by the posting of the
notice and agenda on the Town’s official posting sites.
C. The Chair is responsible for assuring that a written agenda that meets the requirements
of the Arizona Open Meeting Law is prepared for all Board meetings. The Staff Liaison
may assist in this process. Board members may contact the Chair to request that items
be placed on the agenda, and shall attempt to do so at least seven working days prior
to the meeting date. All agendas shall be provided to the clerical support staff, who
shall assure all agendas are properly posted as required by the Arizona Open Meeting
Law.
D. Any and all sub-committees may be placed on the agenda for a report on the status
of work in progress for that sub-committee.
E. Business matters of the regular meeting will be considered as far as practicable in the
following order:
1. Call to Order
2. Introduction of Board Members
3. Approval of Agenda
4. Approval of Minutes
5. Action Items
6. Sub-Committee Reports (Optional)
7. Community Reports (Optional)
8. Call to the Public
9. Future Agenda Items
10. Adjournment
XI. PROCEDURE
A. At all meetings of the Utilities Board, the Chair shall call the Board to order and a record of
the members present and absent will be taken. The Chair may call each matter of business
in the order listed on the agenda.
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B. The Chair shall conduct meetings using parliamentary procedure as recommended by the
Arizona League of Cities and Towns, unless such rules are suspended by a majority vote of
the Board.
C. A member who desires to speak or make a motion shall address himself or herself to “Mr.
or Madam Chair,” and may address the Board upon being recognized by the Chair.
D. When more than one member addresses the Chair and wishes to speak, the Chair will
recognize the person who first addressed the Chair.
E. No member shall interrupt another, except to call to order or to correct a mistake.
F. At any Utilities Board meeting, four members shall constitute a quorum. If a quorum is not
present 30 minutes after the scheduled meeting time, the Board may choose to meet
informally for discussion purposes, all action will be postponed and agenda items placed
on the next special or regular Board meeting.
G. A majority of affirmative votes of the quorum present sha ll be necessary to pass any action
of the Board, except where these bylaws or applicable laws or rules require approval by
more than a majority of the quorum.
H. A Board member who has a conflict of interest shall disqualify him or herself and shall not
vote on or participate in the discussion of the item, as required by the Arizona Conflict of
Interest law (A.R.S. § 38 -501 et. seq.).
I. The Chair may vote or decline to vote on all matters. The Chair’s failure to vote shall not be
counted as an affirmative or negative vote. The Chair shall break all ties.
J. Motions may be determined by voice vote or at the request of a Board member by roll call
vote. The Chair shall declare all votes. If any member doubts the Chair’s declaration of a
voice vote, a roll call shall be ordered. When a roll call vote is commenced, no member shall
engage in discussion of the question being voted upon.
XII. PARTICIPATION BY THE PUBLIC
A. Members of the public wishing to speak at Board meetings will be allowed to speak
during public portions of the meeting, as well as during Call to the Public. The Chair may
limit the length of public comment to three minutes at any time.
B. No person in the audience shall be permitted to speak unless recognized by the Chair.
The Chair may permit persons to speak on any agenda item.
C. Each member of the public who is permitted to speak shall proceed without interruption
from the audience and shall retire when his or her time is up.
D. All discussion shall be addressed to the Board and there sho uld be no argument or
discussion between individuals not on the Board.
E. The members of the Board may ask questions and make appropriate comments at any
time, subject to reasonable limitations imposed by the Chair for the orderly conduct of the
meeting.
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F. Citizens attending meetings shall observe rules of propriety, decorum and good conduct.
Any person making personal, impertinent or slanderous remarks, or who becomes
boisterous while addressing the Utilities Board, may be removed from the meeting room
if directed by the Chair. Unauthorized remarks from the audience, whether verbal or
otherwise, shall not be permitted, and the Chair may expel offenders from the meeting
room.
XIII. AMENDMENTS
These bylaws may be altered, amended or repealed and new byl aws adopted by concurrence
of four Board members at any meeting or special meeting when the proposed amendment has
been set out in the notice of such meeting. Any alterations, amendments or replacements of
these bylaws shall be effective upon review and ap proval by the Town Council. Any such
amendment shall not affect any other portion of these bylaws.
XIV. SEVERABILITY
If any portion of these bylaws is found by any court of competent jurisdiction to be invalid,
illegal or unenforceable, that portion shall be deemed severed from these bylaws, and the
remaining parts of these bylaws shall remain in full force and effect as fully as though such
invalid, illegal or unenforceable portion had never been part of the se bylaws.
Executed at Marana, Arizona, this day of , 2021.
TOWN OF MARANA UTILITIES BOARD
ATTEST: Chair
Town Clerk
Marana Regular Council Meeting 11/03/2021 Page 118 of 131
BYLAWS OF THE
TOWN OF MARANA UTILITIES BOARD
I. POLICY
The Town of Marana Utilities Board was formed by the approval and adoption of Ordinance
No. 2005.20 by the Marana Town Council on September 20, 2005, to provide a consistent
and inviting community forum for the public to hear about and give comments on the
management and operation of Town-owned and operated utilities, including water,
wastewater, street lights, electric and other authorized utility functions.
II. UTILITIES BOARD DESCRIPTION
• The Utilities Board adopts policies for the operation and maintenance of the Town’s
utilities.
• The Utilities Board acts in an advisory capacity to the Town Council concerning utility
rates, utility department budget, and utility capital projects and acquisitions.
• The Utilities Board undertakes such other functions as requested by the Town Council,
the Town Manager, or the Utilities Director.
III. MEMBERSHIP
A. The Utilities Board is composed of seven members appointed by the Town Council, four
of whom have an initial term of four years and three of whom have an initial term of two
years, with all terms thereafter being four years. Two of the seven members of the
Utilities Board shall be residential customers of the Town’s water utility, one shall be a
commercial customer of the Town’s water utility, one shall be a Town resident who
represents agricultural interests, and three shall be town residents representing the Town
at large.
B. If a Utilities Board vacancy occurs because of death, resignation, or otherwise, the
vacancy shall be filled by the Mayor and Council to serve the unexpired term of the Board
member replaced.
C. If a Board member is not in attendance for three or more consecutive regularly scheduled
meetings or from more than one-half the meetings in a calendar year, the Utilities
Director shall notify the Town Council, who may remove the non-participating Board
member.
D. One Town Council member shall be appointed to serve as Council liaison to the Board.
The Council member shall attend meetings as an ex-officio, non-voting member.
E. A Utilities Board member may not concurrently serve on any other Town of Marana
citizen’s advisory commission or board.
IV. OFFICERS
A. The Town Council shall select the Chair of the Utilities Board from among the seven
Utilities Board members, and shall have the right at any time to choose a different Chair
from among the Utilities Board members.
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B. The Utilities Board shall select a Vice Chair and Secretary every year during its regularly
scheduled meeting in the month of June. Selection shall be made by a vote of the Utilities
Board members present, and the selected officers will assume office immediately.
C. Any officer of the Utilities Board, except the Chair, may be removed as an officer by the
Utilities Board whenever, in the judgment of majority of the Utilities Board members, the
best interests of the Board would be serve thereby.
D. The Utilities Board may, by majority vote of all Utilities Board members, recommend to
the Council that the Utilities Board Chair be removed.
E. Any vacancies of the offices of Vice Chair or Secretary will be filled by a majority vote of
the Utilities Board members at the next meeting of the Board following the occurrence of
the vacancy. The person selected to fill the vacancy will serve the remainder of the
vacancy term.
V. RESPONSIBILITIES OF THE CHAIR
A. The Chair shall preside at all meetings of the Board. In the event of the absence of the
Chair, the Vice Chair shall preside. In the absence of the Chair and the Vice Chair, the
Secretary shall preside. In the absence of the Chair, Vice Chair, and Secretary, the
attending Board members shall appoint an acting chair.
B. The Chair shall appoint and remove all members to sub-committees of the Board.
C. The Chair shall preserve order and decide all points of order.
D. The Chair shall assist the clerical support staff in drafting and sign any recommendation
letters and actions taken by the Board. In the absence of the Chair, any other Utilities
Board member may sign on behalf of the Board.
E. The Chair shall coordinate and approve the final format of the agenda no later than one
week prior to the meeting.
F. The Chair shall develop a Council Communication form for use by the Board.
G. The Chair shall schedule an annual report to be presented to the Council
VI. RESPONSIBILITIES OF THE VICE CHAIR
H. In the event of the absence of the Chair, the Vice Chair shall preside at all meetings of
the Board and shall undertake all responsibilities of the Chair that cannot reasonably or
prudently be held in abeyance until the Chair’s return.
VII. RESPONSIBILITIES OF THE SECRETARY
A. The Secretary shall assist the Chair in preparing a draft agenda.
B. The Secretary shall attend scheduled board meetings to take summary minutes.
C. The Secretary shall sign and send copy of approved minutes to the Town Clerk’s office.
D. The Secretary shall oversee maintenance of the Board mailing list.
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E. The Secretary shall oversee maintenance records of Board agendas, approved minutes
and correspondence.
F. The Secretary shall refer all public requests for copies of approved minutes or Board
correspondence to the Town Clerk’s office.
VIII. RESPONSIBILITIES OF MEMBERS
A. Utilities Board members are responsible to attend regular and special Board meetings.
B. No Board member shall leave any regular or special board meeting during such meeting
without permission of the Chair, which permission shall not be unreasonably withheld.
C. The Board shall familiarize themselves with and strictly follow the Arizona Open Meeting
Law, including notice of meetings, taking of minutes, issues to be discussed and the
other specifics of the law.
D. Board members shall abide by the guidelines set forth in the Town of Marana Advisory
Commission Handbook, to the extent not in conflict with Town Code Title 16.
E. The Board is authorized to call executive sessions, closed to the general public, during
any regular of special meeting, if the executive session is properly noticed and authorized
by A.R.S. § 38-431.03.
F. The Board shall develop an annual work plan which shall be presented to Council.
G. All Board members shall attend the Town of Marana CREW program prior to the
completion of their first term.
IX. SUB-COMMITTEES
A. All sub-committees of the Board shall consist of at least three members.
B. All sub-committees shall select a sub-committee chair from among the members of such
sub-committee, at the first meeting of the sub-committee.
C. The sub-committee chair shall preserve order and decide all points of order for meetings
of the sub-committee.
D. The sub-committee chair shall set the date, time and place of the first and all subsequent
sub-committee meetings.
E. The sub-committee chair shall bring all actions and recommendations to the Board. No
sub-committee shall be authorized to directly present information to the Town Council, or
take other action, unless it is approved by the Board.
X. RESPONSIBILITIES OF THE STAFF LIAISON
The Staff Liaison is an ex-officio, non-voting member of the Board who:
A. Assists in the creation of the agenda and reviews the draft agenda for accuracy.
B. Attends Utilities Board meetings and prepares updates and arranges for other Town staff
to attend when necessary.
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C. Prepares responses to inquiries made during public comment.
D. Prepares responses of requests from Utilities Board members.
E. Arranges for meetings that may have a large turnout (new location, chairs, tables, audio
equipment, and refreshments.
F. Brings Utilities Board materials such as member name-cards, maps, and other regularly
used materials to each meeting.
G. Takes minutes if the Utilities Board secretary or clerical support staff is not available.
XI. MEETINGS OF MEMBERSHIP
A. The Utilities Board shall hold regular meetings on the second Tuesday of each month for
transaction of business as may come before the meeting. The meetings of the members
will be held at the Marana Operations Center, Marana, Arizona, or other locations as
designated by the Chair. Whenever a legal holiday occurs on the same day as a meeting,
the meeting shall either be cancelled or rescheduled.
B. The Chair may convene the Board at any time by notifying the members of the date, hour
and purpose of such special meeting. The Board members shall be given at least 24
hours’ notice of such special meeting by personal notice and the posting of the notice
agenda on the Town’s official posting sites.
C. The Chair is responsible for assuring that a written agenda that meets the requirements
of the Arizona Open Meeting Law is prepared for all Board meetings. The Staff Liaison
may assist in this process. Board members may contact the Chair to request that items
be placed on the agenda, and shall attempt to do so at least seven working days prior to
the meeting date. All agendas shall be provided to the clerical support staff, who shall
assure all agendas are properly posted as required by the Arizona Open Meeting Law.
D. All sub-committees will be placed on the agenda for a report on the status of work in
progress for that sub-committee.
E. Business matters of the regular meeting shall be considered as far as practicable in the
following order:
1. Call to Order
2. Introduction of Board Members
3. Approval of Agenda
4. Approval of Minutes
5. Action Items
6. Sub-Committee Reports
7. Community Reports (Optional)
8. Call to the Public
9. Future Agenda Items
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10. Adjournment
XI. PROCEDURE
A. At all meetings of the Board, the Chair shall call the Board to order and the Secretary
shall record the members present and absent. The Chair may call each matter of
business in the order listed on the agenda.
B. The Chair shall conduct meetings using parliamentary procedure as recommended by
the Arizona League of Cities and Towns, unless such rules are suspended by a majority
vote of the Board.
C. A member who desires to speak or make a motion shall address himself or herself to “Mr.
or Madam Chair,” and may address the Board upon being recognized by the Chair.
D. When more than one member addresses the Chair and wishes to speak, the Chair will
recognize the person who first addressed the Chair.
E. No member shall interrupt another, except to call to order or to correct a mistake.
F. At any Utilities Board meeting, four members shall constitute a quorum. If a quorum is not
present 30 minutes after the scheduled meeting time, the Board may choose to meet
informally for discussion purposes, all action will be postponed and agenda items placed
on the next special or regular Board meeting.
G. A majority of affirmative votes of the quorum present shall be necessary to pass any
action of the Board, except where these bylaws or applicable laws or rules require
approval by more than a majority of the quorum.
H. A Board member who has a conflict of interest shall disqualify him or herself and shall not
vote on or participate in the discussion of the item, as required by the Arizona Conflict of
Interest law (A.R.S. § 38-501 et. seq.)
I. The Chair may vote or decline to vote on all matters. The Chair’s failure to vote shall not
be counted as an affirmative or negative vote. The Chair shall break all ties.
J. Motions may be determined by voice vote or at the request of a Board member by roll call
vote. The Chair shall declare all votes. If any member doubts the Chair’s declaration of a
voice vote, a roll call shall be ordered. When a roll call vote is commenced, no member
shall engage in discussion of the question being voted upon.
XII. PARTICIPATION BY THE PUBLIC
A. Members of the public wishing to speak at Board meetings will be allowed to speak
during public portions of the meeting, as well as during Call to the Public. The Chair may
limit the length of public comment to three minutes at any time.
B. No person in the audience shall be permitted to speak unless recognized by the Chair.
The Chair may permit persons to speak on any agenda item.
C. Each member of the public who is permitted to speak shall proceed without interruption
from the audience and shall retire when his or her time is up.
D. All discussion shall be addressed to the Board and there should be no argument or
discussion between individuals not on the Board.
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E. The members of the Board may ask questions and make appropriate comments at any
time, subject to reasonable limitations imposed by the Chair for the orderly conduct of the
meeting.
F. Citizens attending meetings shall observe rules or propriety, decorum and good conduct.
Any person making personal, impertinent, or slanderous remarks, or who becomes
boisterous while addressing the board, may be removed from the meeting room if
directed by the Chair. Unauthorized remarks from the audience, whether verbal or
otherwise, shall not be permitted, and the Chair may expel offenders from the meeting
room.
XIII. AMENDMENTS
These bylaws may be altered, amended, or repealed and new bylaws adopted by
concurrence of four Board members at any meeting or special meeting when the proposed
amendment has been set out in the notice of such meeting. Any such amendment shall not
affect any other portion of these bylaws.
XIV. SEVERABILITY
If any portion of these bylaws is found by any court of competent jurisdiction to be invalid,
illegal or unenforceable, that portion shall be deemed severed from these bylaws, and the
remaining parts of these bylaws shall remain in full force and effect as fully as though such
invalid, illegal or unenforceable portion had never been part of there bylaws.
Executed at Marana, Arizona, this ____day of , 2009.
ATTEST:
__________________________
Secretary
TOWN OF MARANA UTILITIES BOARD
________________________
Chair
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BYLAWS OF THE
TOWN OF MARANA UTILITIES
BOARD
Adopted April 2009
Amended November 3, 2021
I. POLICY
The Town of Marana Utilities Board was formed by the approval and adoption of Ordinance
No. 2005.20 by the Marana Town Council on September 20, 2005, to provide a consistent and
inviting community forum for the public to hear about and give comments on the
management and operation of Town -owned and operated utilities, including water,
wastewater, street lights, electric and other authorized utility functions.
II. UTILITIES BOARD DESCRIPTION
A. The Utilities Board adopts policies for the operation and maintenance of the Town’s
utilities.
B. The Utilities Board acts in an advisory capacity to the Town Council concerning utility
rates, utility Water dDepartment budget, utility capital projects and acquisitions other
utility related functions .
C. The Utilities Board undertakes such other functions as requested by the Town Council,
the Town Manager, or the Utilities Water Director.
III. MEMBERSHIP
A. The Utilities Board is composed of seven members appointed by the Town Council, four
of whom have an initial term of four years and three of whom have an initial term of two
years, with all terms thereafter being four years. Two of t he seven members of the Utilities
Board shall be residential customers of the Town’s water utility, one shall be a commercial
customer of the Town’s water utility, one shall be a Town resident who represents
agricultural interests, and three shall be town residents representing the Town at largeThe
membership of the Utilities Board shall consist of the Town Water Director, or a Water
Department employee designated by the Water Director, three Council-appointed
members who are either Town residents or utility customers of the Town, two Town
employees appointed by the Town Manager and the Town Finance Director or a Finance
Department employee designated by the Finance Director. The Town Council sh all choose
the Chair of the Utilities Board from among its membership .
B. If a Utilities Board vacancy occurs because of death, resignation , or otherwise, the vacancy
shall be filled by the Mayor and Council to serve the unexpired term of the Board member
replaced. Notwithstanding the foregoing, if a Board member position consisting of a Town
employee appointed by the Town Manager becomes vacant, the vacancy shall be filled by
the Town Manager appointing another Town employee to serve the unexpired term of th e
Board member replaced.
C. If a Board member is not in attendance for three or more consecutive regularly scheduled
meetings or from more than one-half of the meetings in a calendar year, the Utilities Water
Director shall notify the Town Council, who may remove the non -participating Board
member.
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D. One Town Council member shall be appointed to serve as Council liaison to the Board.
The Council member shall attend meetings as an ex -officio, non-voting member.
E.D. A Utilities Board member may not concurrently serve on any other Town of Marana
citizen’s advisory commission or board.
IV. OFFICERS
A. The Town Council shall select the Chair of the Utilities Board from among the seven
Utilities Board members, and shall have the right at any time to choose a different Chair
from among the Utilities Board members.
B. The Utilities Board shall select a Vice Chair and Secretary every year during its regularly
scheduled meeting in the month of Juneduring its first regularly scheduled meeting of
each calendar year. Selection shall be made by a majority vote of the Utilities Board
members present, and the selected officers Vice Chair will assume office immediately.
C. Any officer of the Utilities Board, except the Chair,The Vice Chair may be removed as an
officer by the Utilities Board whenever, in the judgment of a majority of the Utilities Board
members, the best interests of the Board would be served thereby.
D. The Utilities Board may, by a majority vote of all Utilities Board members, recommend to
the Town Council that the Utilities Board Chair be removed.
E. Any vacan ciesy in the offices of Vice Chair or Secretary will be filled by a majority vote of
the Utilities Board members at the next meeting of the Board following the occurrence of
the vacancy. The person selected to fill the vacancy will serve the remainder of the vacancy
term.
V. RESPONSIBILITIES OF THE CHAIR
A. The Chair shall preside at all meetings of the Board. In the event of the absence of the
Chair, the Vice Chair shall preside. In the absence of the Chair and the Vice Chair, the
Secretary shall preside. In the absence of the Chair, Vice Chair, and Secretary or Vice Chair,
the attending Board members shall appoint an acting chair.
B. The Chair shall appoint and remove all members to any sub-committees of the Board.
C. The Chair shall preserve order and decide all points of order.
D. The Chair shall assist the clerical support staff in drafting and sign any recommendation
letters and actions taken by the Board. In the absence of the Chair, any other Utilities Board
member may sign on behalf of the Board.
E. The Chair shall coordinate and approve the final format of the agenda no later than one
week prior to the meeting.
F. The Chair shall develop a Council Communication form for use by the Board.
G.F. The Chair shallmay schedule an annual report to be presented to the Council.
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VI. RESPONSIBILITIES OF THE VICE CHAIR
H. In the event of the absence of the Chair, the Vice Chair shall preside at all meetings of the
Board and shall undertake all responsibilities of the Chair that cannot reasonably or prudently
be held in abeyance until the Chair’s return.
VII. RESPONSIBILITIES OF THE SECRETARY
A. The Secretary shall assist the Chair in preparing a draft agenda.
B. The Secretary shall attend scheduled board meetings to take summary minutes.
C. The Secretary shall sign and send copy of approved minutes to the Town Clerk’s office.
D. The Secretary shall oversee maintenance of the Board mailing list.
E. The Secretary shall oversee maintenance records of Board agendas, approved minutes
and correspondence.
F. The Secretary shall refer all public requests for copies of approved minutes or
Board correspondence to the Town Clerk’s office.
VIII.VII. RESPONSIBILITIES OF MEMBERS
A. Utilities Board members are responsible to attend regular and special Board meetings.
B. No Board member shall leave any regular or special board meeting during such meeting
without permission of the Chair, which permission shall not be unreasonably withheld.
C. The Board members shall familiarize themselves with and strictly follow the Arizona
Open Meeting Law, including notice of meetings, taking of minutes, issues to be
discussed and the other specifics of the law.
D. Board members shall abide by the guidelines set forth in the Town of Marana Advisory
Commission Handbook, to the extent not in conflict with Town Code Title 16.
E. D. The Board is authorized to call executive sessions, closed to the general public, during
any regular or s pecial meeting, if the executive session is properly noticed and authorized
by A.R.S. § 38-431.03.
E. The Board shall develop an annual work plan which shall be presented to Council.
F. All Board members shall attend the Town of Marana CREW program prior to the
completion of their first term.
IX.VIII. SUB-COMMITTEES
A. All sub-committees of the Board shall consist of at least three members.
B. All sub-committees shall select a sub-committee chair from among the members of such
sub-committee, at the first meeting of the sub-committee.
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C. The sub-committee chair shall preserve order and decide all points of order for
meetings of the sub-committee.
D. The sub-committee chair shall set the date, time and place of the first and all subsequent
sub-committee meetings.
E. The sub-committee chair shall bring all actions and recommendations to the Board. No
sub-committee shall be authorized to di rectly present information to the Town Council,
or take other action, unless it is approved by the Board.
X.IX. RESPONSIBILITIES OF THE STAFF LIAISON
The Staff Liaison is an ex-officio, non -voting member of the Board who and is designated by
the Chair. The Staff Liaison :
A. Assists in the creation of the agenda and reviews the draft agenda for accuracy.
B. Attends Utilities Board meetings and takes summary minutes.
C. Prepares updates and arranges for other Town staff to attend Board meetings when
necessary.
C.D. Prepares responses to inquiries made during public comment.
D.E. Prepares responses of requests from Utilities Board members.
E.F. Arranges for meetings that may have a large turnout (new location, chairs, tables, audio
equipment, and refreshments, etc.).
F.G. Brings Utilities Board materials such as member name-cards, maps , and other regularly
used materials to each meeting.
G. Takes minutes if the Utilities Board secretary or clerical support staff is not available.
H. Sends a copy of approved minutes, signed by the Chair, to the Town Clerk’s office.
I. Oversees, as assigned by the Chair, maintenance of the Board mailing list.
J. Oversees, as assigned by the Chair, maintenance records of Board agendas, approved
minutes and correspondence.
K. Refers all public requests for copies of approved minutes or Board correspondence to
the Town Clerk’s office.
XI.X. MEETINGS OF MEMBERSHIP
A. The Utilities Board shall hold regular meetings on the second Tuesday of each month
at least twice each calendar year for transaction of business as may come before the
meetingBoard. The meetings of the Board members will be held at the Marana
Operations Center, Marana, Arizona, or at times and at other locations as designated by
the Chair. Whenever a legal holiday occurs on the same day as a meeting, the meeting
shall either be canceled or rescheduled.
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B. The Chair may convene the Board at any time by notifying the members of the date,
hour and purpose of such special meeting. The Board membe rs shall be given at least
24 hours’ notice of such special meeting by personal notice and by the posting of the
notice and agenda on the Town’s official posting sites.
C. The Chair is responsible for assuring that a written agenda that meets the requirement s
of the Arizona Open Meeting Law is prepared for all Board meetings. The Staff Liaison
may assist in this process. Board members may contact the Chair to request that items
be placed on the agenda, and shall attempt to do so at least seven working days pr ior
to the meeting date. All agendas shall be provided to the clerical support staff, who
shall assure all agendas are properly posted as required by the Arizona Open Meeting
Law.
D. Any and all sub-committees may be placed on the agenda for a report on the status
of work in progress for that sub-committee.
E. Business matters of the regular meeting shallwill be considered as far as practicable
in the following order:
1. Call to Order
2. Introduction of Board Members
3. Approval of Agenda
4. Approval of Minutes
5. Action Items
6. Sub-Committee Reports (Optional)
7. Community Reports (Optional)
8. Call to the Public
9. Future Agenda Items
10. Adjournment
XI. PROCEDURE
A. At all meetings of the Utilities Board, the Chair shall call the Board to order and the
Secretary shalla record of the members present and absent will be taken . The Chair may call
each matter of business in the order listed on the agenda.
B. The Chair shall conduct meetings using parliament ary procedure as recommended by the
Arizona League of Cities and Towns, unless such rules are suspended by a majority vote of
the Board.
C. A member who desires to speak or make a motion shall address himself or herself to “Mr.
or Madam Chair,” and may address the Board upon being recognized by the Chair.
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D. When more than one member addresses the Chair and wishes to speak, the Chair will
recognize the person who first addressed the Chair.
E. No member shall interrupt another, except to call to order or to correct a mistake.
F. At any Utilities Board meeting, four members shall constitute a quorum. If a quorum is not
present 30 minutes after the scheduled meeting time, the Board may choose to meet
informally for discussion purposes, all action will be postpone d and agenda items placed
on the next special or regular Board meeting.
G. A majority of affirmative votes of the quorum present shall be necessary to pass any action
of the Board, except where these bylaws or applicable laws or rules require approval by
more than a majority of the quorum.
H. A Board member who has a conflict of interest shall disqualify him or herself and shall not
vote on or participate in the discussion of the item, as required by the Arizona Conflict of
Interest law (A.R.S. § 38 -501 et. seq.).
I. The Chair may vote or decline to vote on all matters. The Chair’s failure to vote shall not be
counted as an affirmative or negative vote. The Chair shall break all ties.
J. Motions may be determined by voice vote or at the request of a Board member by roll call
vote. The Chair shall declare all votes. If any member doubts the Chair’s declaration of a
voice vote, a roll call shall be ordered. When a roll call vote is commenced, no member shall
engage in discussion of the question being voted upon.
XII. PARTICIPATION BY THE PUBLIC
A. Members of the public wishing to speak at Board meetings will be allowed to speak
during public portions of the meeting, as well as during Call to the Public. The Chair may
limit the length of public comment to three minutes at any time.
B. No person in the audience shall be permitted to speak unless recognized by the Chair.
The Chair may permit persons to speak on any agenda item.
C. Each member of the public who is permitted to speak shall proceed without interruption
from the audience and shall retire when his or her time is up.
D. All discussion shall be addressed to the Board and there should be no argument or
discussion between individuals not on the Board.
E. The members of the Board may ask questions and make appropriate comments at any
time, subject to reasonable limitations imposed by the Chair for the orderly conduct of the
meeting.
F. Citizens attending meetings shall observe rules o rf propriety, decorum and good conduct.
Any person making personal, impertinent, or slanderous remarks, or who becomes
boisterous while addressing the Utilities Bboard, may be removed from the meeting room
if directed by the Chair. Unauthorized remarks from the audience, whether verbal or
otherwise, shall not be permitted, and the Chair may expel offenders from the meeting
room.
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COMPARISON DRAFT
(Additions denoted by double underlining and deletions denoted by strikethroughs.)
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XIII. AMENDMENTS
These bylaws may be altered, amended , or repealed and new bylaws adopted by concurrence
of four Board members at any meeting or special meeting when the proposed amendment has
been set out in the notice of such meeting. Any alterations, amendments or replacements of
these bylaws shall be effective upon review and approval by the Town Council. Any such
amendment shall not affect any other portion of these bylaws.
XIV. SEVERABILITY
If any portion of these bylaws is found by any court of competent jurisdiction to be invalid,
illegal or unenforceable, that portion shall be deemed severed from these bylaws, and the
remaining parts of these bylaws shall remain in full force and effect as fully as though such
invalid, illegal or unenforceable portion had never been part of the se bylaws.
Executed at Mara na, Arizona, this day of , 20 0921.
TOWN OF MARANA UTILITIES BOARD
ATTEST: Chair
SecretaryTown Clerk
Marana Regular Council Meeting 11/03/2021 Page 131 of 131