HomeMy WebLinkAbout120405PREVISED: APRIL 2, 2012
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, APRIL 5, 2012
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may
be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to
such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If
a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-
602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to
state their name prior to commenting and to direct their comments to the Presiding Officer and
not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker
chooses not to speak when called, the speaker will be deemed to have waived his or her
opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a
later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the
Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits
may be waived by (i) discretion of the Town Manager upon request by the speaker not less than
24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either
prior to or during a Meeting. Please be respectful when making your comments. If you do not
comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Vice Mayor Ginny Dickey Councilmember Henry Leger
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Mayor Jay T. Schlum
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i.) NONE
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) The Mayor will read a PROCLAMATION declaring April 15 through 22, 2102, as
Days of Remembrance.
ii.) The Mayor will read a PROCLAMATION declaring April 2012 as Child Abuse
Prevention Month.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed
on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is
subject to reasonable time, place, and manner restrictions. The Council will not discuss or take
legal action on matters raised during “Call to the Public” unless the matters are properly noticed for
discussion and legal action. At the conclusion of the call to the public, individual Councilmembers
may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on
a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from March
12 and 15, 2012.
2. CONSIDERATION of AUTHORIZING payment to the Maricopa County Elections
Department, in accordance with the InterGovernmental Agreement, for direct support of the
Town of Fountain Hills March 13, 2012 Primary/Special Recall Election, in the amount of
$34,011.16.
REGULAR AGENDA ITEMS
3. CONSIDERATION of a REQUEST by the Public Art Committee to accept a donated
sculpture titled “Starburst” for public display.
4. CONSIDERATION of RESOLUTION 2012-09, amending Exhibit E of the Development
Agreement between the Town of Fountain Hills and Avenue of the Fountain, LLC. Case
#DA2011-02
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5. DISCUSSION WITH POSSIBLE DIRECTION related to any item included in the League
of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN (#11 & #12).
6. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. NONE.
7. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
8. ADJOURNMENT.
DATED this 29th day of March 2012.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call
480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to
participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff
reports furnished the Council with this agenda are available for review in the Clerk’s office.
REVISED: APRIL 2, 2012
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, APRIL 5, 2012
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may
be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to
such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If
a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-
602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to
state their name prior to commenting and to direct their comments to the Presiding Officer and
not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker
chooses not to speak when called, the speaker will be deemed to have waived his or her
opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a
later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the
Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits
may be waived by (i) discretion of the Town Manager upon request by the speaker not less than
24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either
prior to or during a Meeting. Please be respectful when making your comments. If you do not
comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Vice Mayor Ginny Dickey Councilmember Henry Leger
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Mayor Jay T. Schlum
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i.) NONE
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) The Mayor will read a PROCLAMATION declaring April 15 through 22, 2102, as
Days of Remembrance.
ii.) The Mayor will read a PROCLAMATION declaring April 2012 as Child Abuse
Prevention Month.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed
on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is
subject to reasonable time, place, and manner restrictions. The Council will not discuss or take
legal action on matters raised during “Call to the Public” unless the matters are properly noticed for
discussion and legal action. At the conclusion of the call to the public, individual Councilmembers
may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on
a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from March
12 and 15, 2012.
2. CONSIDERATION of AUTHORIZING payment to the Maricopa County Elections
Department, in accordance with the InterGovernmental Agreement, for direct support of the
Town of Fountain Hills March 13, 2012 Primary/Special Recall Election, in the amount of
$34,011.16.
REGULAR AGENDA ITEMS
3. CONSIDERATION of a REQUEST by the Public Art Committee to accept a donated
sculpture titled “Starburst” for public display.
4. CONSIDERATION of RESOLUTION 2012-09, amending Exhibit E of the Development
Agreement between the Town of Fountain Hills and Avenue of the Fountain, LLC. Case
#DA2011-02
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5. DISCUSSION WITH POSSIBLE DIRECTION related to any item included in the League
of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN (#11 & #12).
6. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. NONE.
7. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
8. ADJOURNMENT.
DATED this 29th day of March 2012.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call
480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to
participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff
reports furnished the Council with this agenda are available for review in the Clerk’s office.
1693872.1
RESOLUTION NO. 2012-09
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN
HILLS AND AVENUE OF THE FOUNTAIN, LLC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The First Amendment to Development Agreement between the Town of
Fountain Hills and Avenue of the Fountain, LLC, is hereby approved in the form attached hereto
as Exhibit A.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps and to execute all documents necessary to
carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
April 5, 2012.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1693872.1
EXHIBIT A
TO
RESOLUTION NO. 2012-09
(First Amendment to Development Agreement)
See following pages.
ISSUE 11 - March 23, 2012
Legislative update
Today is the 75th day of the second regular session of Arizona's 50th Legislature. The appropriations and rules
committees were the only ones with authority to consider bills during the past week. Outside of those committees,
most legislative activity occurred on the floors of the House and Senate. Budget negotiations continued behind
closed doors, and the possibility continues to exist that the Legislature will adjourn sine die by April 17, within the
100-day deadline established by rule in each chamber.
Municipal water assessment
On Wednesday, March 21, the House Appropriations Committee considered and unanimously passed SB 1288
(municipal water fees; repeal; appropriation). The legislation repeals the statutory authority of the Arizona
Department of Water Resources (ADWR) to impose an assessment on cities and towns to fund departmental
operations. The bill further provides for funding of the agency through the State's general fund. The League testified
in support of the bill, which proceeds to the House Rules Committee for further consideration.
In a related development, a strike-everything amendment to HB 2493 (department of water resources; funding) was
posted for consideration by the Senate Appropriations Committee on Tuesday, March 20. The strike-everything
amendment, wholly unrelated to ADWR funding, was not considered by the committee, however, and the bill was
held. As originally introduced, HB 2493 establishes a joint legislative study committee to study potential ADWR
funding mechanisms and repeals the municipal assessment authority in two years.
Regulatory tax credit
On Tuesday, March 20, the Senate Appropriations Committee held a hearing on HB 2815 (employment; incentives;
regulatory tax credit). Prior to the hearing, Chairman Don Shooter (R-Yuma) circulated three amendments, including
one to remove the Regulatory Tax Credit portion of the bill, the section to which the League is strongly opposed.
None of the amendments, however, were offered during the committee's consideration of the bill. The bill's sponsor,
Rep. J.D. Mesnard (R-Chandler), testified that that he was engaged in discussions with the Office of the Governor
regarding several provisions of the bill and that more changes were required to make the legislation acceptable to
the executive branch. Rep. Mesnard has assured the League that the Regulatory Tax Credit portion of the bill will be
removed with a floor amendment. Based on that assurance, the League signed in as neutral on the bill, which
passed out of the committee by an 8-4 vote.
Photo radar
SCR 1031 (s/e: photo radar; speeding; prohibition) would, upon statewide voter approval, prohibit the use of photo
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radar systems in Arizona for speed enforcement purposes. The resolution, opposed by the League, was heard in the
House Appropriations Committee on March 22 and failed by a vote of 4-9.
Consumer fireworks
On Monday, March 19, the Senate caucuses passed HB 2361 (NOW: regulations; consumer fireworks). Among other
things, the legislation: prevents municipalities from adopting ordinances with penalties greater than a petty offense
for a person using certain consumer fireworks; permits the imposition of fees on fireworks vendors; addresses
certain signage issues; and permits restrictions on the sale and use of consumer fireworks in Coconino and Yavapai
Counties. The League is neutral on the bill.
Last week the House Committee on Military Affairs and Public Safety passed comparable legislation, SB 1364
(consumer fireworks; permitted regulation), by a vote of 7-2. The committee, however, adopted an amendment
removing the authority of jurisdictions within Yavapai and Coconino Counties to regulate the sale of fireworks.
Without that modest expansion of regulatory authority, the League opposes SB 1364, which has not yet been heard
in the House Rules Committee.
Council Procedures
Earlier this week, HB 2570 (political subdivisions; proceedings; governing bodies) was approved by the Senate Rules
Committee and heard by the Senate's majority and minority caucuses. The bill provides that a city or town council
may not take action on a proposed ordinance until it has been publicly posted in its final form for at least seven
days. The bill also prescribes a process for the adoption of emergency ordinances and exempts certain other
ordinances from the bill's enhanced notice requirements.
The bill was amended in the Senate Committee on Government Reform to stipulate that emergency ordinances
expire 90 days after adoption instead of 60. Additionally, the amendment makes certain clarifying changes to last
year's SB 1598 (cities; counties; regulatory review) regarding licensing timeframes and exempt permits and licenses.
The Rules Committee adopted an amendment to the Government Reform amendment to make technical changes.
The measure was scheduled for Senate Committee of the Whole on Thursday March 22 but was retained. The League
is neutral on the measure and is continuing to work with the sponsor on additional changes.
Alarm system installation
On Monday, March 19, the House Rules Committee approved SB 1306 (s/e: alarm businesses; agents; regulation;
licensing). On the same day, the Senate Rules Committee passed HB 2748 (s/e: cities; alarm licenses; reciprocity).
Both bills were also caucused this past week.
Identical strike-everything amendments to the bills have passed both chambers. The "strikers" memorialize a
compromise agreement among stakeholders that was brokered by the bills' sponsors, Senator Frank Antenori (R-
Tucson) and Rep. Amanda Reeve (R-Phoenix), respectively.
The agreement provides for the establishment of a statewide certification requirement for alarm businesses and
alarm agents, and preempts further local regulation of alarm installation. Local government, however, may continue
to regulate other aspects of alarms (such as false alarms) through ordinance. The League, a key stakeholder in
negotiations, thanks the sponsors for their cooperation and leadership.
Street assessments
On Monday, March 19, the Senate Rules Committee gave its approval to HB 2151 (s/e: assessments;
intergovernmental agreements). The amendment prohibits a municipality from assessing property for any street
constructed or improved pursuant to an intergovernmental agreement between public bodies. The League opposes
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the measure, which would substantially restrict the ability of municipalities to reduce costs to the taxpayer through
partnerships with other public entities. The bill was held in the Senate Majority Caucus and is not expected to
proceed any further through the legislative process.
Political signs
SB 1200 (political signs; hazardous locations), sponsored by Senator Sylvia Allen (R-Snowflake), stipulates that a
government agency must notify the owner of a political sign in writing if a particular sign is deemed to create a
hazardous condition. It further provides that, for purposes of calculating the time frame for permissible sign
installation, a primary election begins on the day that early ballots are first mailed out to voters. The measure
passed the House caucuses on March 19 and proceeds to the Committee of the Whole. The League remains neutral
on the bill.
State parks
HB 2362 (state parks revenue fund) passed the Senate Committee of the Whole on Thursday, March 22. Sponsored by
Rep. Karen Fann (R-Prescott), the bill creates a new fund for operation and maintenance of the state park system.
The fund would be composed of private donations, revenue from fees and sales, and legislative appropriations. The
measure also permits the State Parks Board to acquire and develop real property and improvements, subject to
review by the Joint Committee on Capital Review. The League supports the bill, which now proceeds to its third
reading in the Senate.
Water and wastewater
HB 2416 (water and wastewater; denial prohibited) passed out of the Senate Rules Committee and both Senate
caucuses this week. The bill mandates that cities and towns in Pima County provide water service to areas outside
of their corporate boundaries. The League continues to oppose the measure.
Government deposits
On Monday, March 19, the House unanimously approved SB 1135 (government deposits) by a vote of 58-0. The bill,
sponsored by Senator John McComish (R-Phoenix), previously passed the Senate by a vote of 29-0. The League
supports the measure, which now proceeds to Governor Brewer for her likely signature.
The bill authorizes municipalities to invest surplus funds and other monies not used for operating costs into federally
insured savings deposit accounts through Insured Cash Sweep (ICS). ICS is a deposit placement service that allows for
a depositor's funds to be swept from a transaction or checking account into savings accounts (interest-bearing
money market accounts). ICS allocates the funds to accounts in banks throughout the country in amounts less than
the Federal Deposit Insurance Corporation (FDIC) insurance maximum of $250,000 so that both principal and interest
are eligible for FDIC insurance.
Liquor regulation
On Thursday, March 22, the Senate Committee of the Whole considered and passed HB 2606 (NOW: liquor omnibus).
The bill's sponsor, Rep. J.D. Mesnard (R-Chandler), previously agreed to an amendment, adopted by the House,
which permits the State Liquor Board to consider municipal tax delinquencies in liquor license suspension and
revocation proceedings. The amendment further permits a city or town to use the average of the last five years of
the Consumer Price Index (CPI) for fee increases (as opposed to just the previous year's CPI). The bill, which
previously passed the House by a vote of 47-9, now proceeds to its third reading in the Senate.
Firearms
Two firearms bills were caucused in the House on Thursday, March 22. SB 1087 (firearms; state preemption),
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sponsored by Sen. Ron Gould (R-Lake Havasu City), provides that local firearms ordinances can be no more
restrictive than state law. SB 1304 (firearms regulation; political subdivisions), sponsored by Sen. Frank Antenori (R-
Tucson), repeals statutory language permitting a political subdivision to adopt an ordinance or rule restricting the
discharge of firearms within one-quarter mile of an occupied structure. Pursuant to an amendment adopted by the
Senate, the bill does establish parameters for criminal negligence for the use of a firearm within a municipality.
Both bills now proceed next to the House Committee of the Whole.
Tax reform
On Thursday, March 22, the Senate Committee of the Whole passed HB 2123 (transaction privilege tax reform
committee). The bill, sponsored by House Majority Leader Steve Court (R-Mesa), establishes a 13-member
committee to study various issues related to the future of taxes in Arizona. The bill requires the committee to
report its findings and recommendations by October 31, 2012. HB 2123, which passed the House by a unanimous
vote of 57-0 in February, now proceeds to its third reading in the Senate.
Law enforcement
On Monday, March 19, the House Rules Committee considered and passed SB 1212 (law enforcement officers; just
cause). The bill was caucused in the Senate the next day. Sponsored by Senator Andy Biggs (R-Gilbert), the bill
mandates that the same "just cause" process required for the termination of law enforcement officers be applied to
demotions and suspensions lasting longer than 40 hours. The League opposes the bill, which previously passed the
Senate and now proceeds to the House Committee of the Whole.
On Thursday, March 22, the House Rules Committee passed SB 1186 (law enforcement officers; omnibus) by a
unanimous vote of 8-0; the bill was caucused in the House the same day. Among other things, the measure,
sponsored by Sen. Linda Gray (R-Phoenix), severely curtails the ability of law enforcement agencies to require
fitness for duty examinations and increases the time and cost of just cause terminations. The League opposes the
bill as a costly impediment to the discipline of problematic officers.
Legislator Profile - Representative Cecil Ash
It may not be terribly unusual for a state legislature to count among its membership
a small-town rancher, a big-city diplomat, a real estate entrepreneur, a flight
attendant, a public defender, a mobile home park developer, and an international
missionary. What is far rarer, however, is to find those multiple personalities all
rolled into one person. But so it is with Arizona Representative Cecil Ash, a
sophomore legislator from legislative district 18.
A native of Mesa, Ash had four brothers, all of whom graduated from Mesa High
School. Before he entered high school, however, his parents decided to relocate to
the family ranch at the confluence of Aravaipa Creek and the San Pedro River in
southeastern Arizona. Consequently, young Cecil attended Hayden High School in
Winkelman, where a new school building had been recently constructed.
When he wasn't attending to his studies, the young cattleman worked the ranch,
which supported 400 head of cattle on thirty sections of grazing land. The family's self-described "chief water
engineer" was responsible for irrigating 160 acres of alfalfa.
Following high school, Ash enrolled at Brigham Young University in Provo, Utah. Missing his friends and family, he
attended one semester at the University of Arizona before embarking on a mission for his church in 1968.
The site of Ash's mission was Paris, France. Of the 150-200 missionaries with whom Ash served in France, two were
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selected to serve as assistants to the mission president. Ash was particularly impressed with one of those young men,
an outstanding leader and genuinely compassionate individual by the name of Mitt Romney. Ash remembers a horrific
incident in which Romney was operating as chauffer to the mission president and his wife. Traveling along a curving
two-lane highway, an oncoming car crossed the road and hit the Mormon entourage head on. The mission president's
wife was killed. Romney was thrown from the car and knocked unconscious. The police officer on the scene wrote on
his passport, "Il est mort." ("He is dead.")
Of course, the reports of Romney's death were exaggerated, but he was seriously injured and barely survived.
Decades later, Ash served on Romney's fundraising committee in New York City for the 2008 presidential campaign,
and he is an active supporter of Mitt Romney 2012.
Back stateside after completing his mission, Ash returned to BYU to finish school. As graduation approached, he saw
a notice posted on a campus bulletin board that Trans World Airlines and Pan American World Airways were
scheduling interviews for flight attendant jobs. The airlines interviewed 110,000 individuals nationwide for 1,100
jobs. Ash was one of the 1,100 chosen to fly the friendly skies.
Ash traveled to Miami for flight attendant training. He was, he recalls, "one of 12 guys among 140 beautiful women."
Before long, he was jet-setting between hot spots like New York City, London and Paris. Ash enjoyed the experience
and saw a good deal of the world, but as a faithful member of his church who didn't drink, do drugs or fool around,
he began to yearn for something more.
Grappling with an uncertain future, Ash was stricken with appendicitis in London and was laid up in St. George
Hospital for a week. Lonesome and ill, he decided during that rough week to return to the States and quit his job.
He almost didn't have the chance. On the return flight from London to Los Angeles, his appendix burst. The physician
who performed the emergency surgery in L.A. declared that it was the worst such condition he had encountered in
more than 30 years of practice.
Ash returned to the ranch to recover and contemplate his future. On the mend, he took the Law School Aptitude
Test. He received a great score and decided to continue his journey through life via law school, from which he
graduated in 2½ years. Ash entered private practice in Mesa and, after two years, interviewed for a legal adviser
position with Department of Public Safety. DPS interviewed 22 candidates and chose Ash. Sometime later, he asked
why he had been hired. "I was told that they wanted to hear all about my exploits as a flight attendant. Were they
ever disappointed!" Ash laughs.
Following a five-year stint with DPS, Ash turned his sights toward real estate and earned a broker's license, which he
held from 1980 to 1993. He purchased a Help-U-Sell franchise, which lost $200,000 over four years. Always the
philosophical optimist, Ash looks at the bright side: "I learned so much from that experience that it took me only six
months to lose the next $100,000!"
During this time frame, Ash and his brothers acquired land in Mesa on which to develop a recreational vehicle park.
Entering the business at a time when there was fierce competition among RV facilities in the East Valley, he built a
championship golf course at the site. As a consequence, tenants rushed to occupy the park, which filled to capacity
while other park operators continued to fight for new residents.
In 1990, Ash's career took another sharp turn when he accepted a post with the Maricopa County Public Defender's
office, a position he would hold for five years. "That was fun," the ever-charitable Ash recalls. "Being a public
defender is like being a paid bishop. You basically have an opportunity to help people with their problems. Some
people get involved with drugs or do other stupid things because they undervalue the associated risks. As a public
defender, you can help get these people get back on the right track."
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The experience helped shaped Ash's view on sentencing reform, an issue about which he is emphatically passionate.
"The state of Washington is roughly the same size as Arizona, but Washington incarcerates about 18,000 convicts to
our 40,000," he observes. "We're turning a blind eye to great developments in the criminal justice system, like
effective pre-trial diversion programs. By embracing change, New York was able to reduce both its prisoner
population and its crime rate."
In 1995, following the death of a brother, Ash left the Public Defender's office to concentrate on management and
operation of his RV park. After nearly 10 years operating the facility, Ash was bought out by a national RV company.
"They made me the proverbial offer I couldn't refuse," he remembers. As a consequence, Ash retired and then
purchased and remodeled three homes on the Pacific coast of Mexico.
Ash also volunteered for United Families International (UFI), a 501(c)(3) public charity devoted to maintaining and
strengthening the family as the fundamental unit of society. In connection with his volunteer work, he attended a
convention in New York City. During his visit to the Big Apple, he was dispatched to the United Nations to lobby on
behalf of UFI. The experience was intoxicating, as Ash apprehended the possibilities to make a positive difference
on an international stage.
One thing led to another, and in January 2005, Ash and his wife, Linda, settled into an apartment on the East Side
of Manhattan. For two years he worked as UFI's volunteer representative to the United Nations. He also continued
his lifelong work with his church as a liaison to the Chinese branch of the Church of Jesus Christ of Latter Day Saints.
Diving headlong into the dynamic culture of New York, Mr. and Mrs. Ash enjoyed the theater, attended lectures and
sampled an unending variety of cuisine. Their time in New York was enhanced by proximity to a son who was
completing a medical residency in the city.
Once the son's residency concluded in 2007, it was time for the Ash clan to return home. Ash continued his
involvement in politics as a volunteer and finance committeeman for the Mitt Romney presidential campaign. When
Romney dropped out of the race in February 2008, Ash decided to run for the Arizona Legislature. "[Former
Representative] Karen Johnson wanted my wife to run," Ash explains, "but she wouldn't do it, thinking that our kids
would be ignored." His wife remains a faithful advisor, however, occasionally reminding Ash that while he may be
smarter, she possesses more common sense. It's a charge he doesn't deny.
Ash is a true conservative who, like Ronald Reagan before him, promotes local government and believes that
decision-making should be decentralized and close to the people. Accordingly, the iconoclastic Republican
consistently votes against legislation designed to diminish the authority of mayors and city councils. Last year, for
example, he opposed SB 1322 (managed competition; city services), SB 1160 (city sales tax; residential rental), and
SB 2153 (municipalities; counties; fire sprinklers; code). Not surprisingly, he was recognized with a Champion of
Cities award at last summer's annual conference of the League of Arizona Cities and Towns.
Ash is not coy, ambiguous or ambivalent about his future political aspirations. "I have none," he flatly states. He
would like to finish what he has started (particularly with respect to sentencing reform), but there is much he'd like
to do with the remainder of his life that doesn't involve politics.
Ash has been married for 35 years and has five successful children. "I've had a wonderful life," Ash muses. Who could
argue? He has enjoyed strong faith, a model family, rich and varied life experiences, a succession of successful
careers, international travel and diplomatic work, public service and elected office. Not too shabby for an alfalfa-
watering ranch-hand from Winkelman, Arizona.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
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ISSUE 12 - March 30, 2012
Legislative overview
Today is the 82nd day of the first regular session of Arizona's 50th Legislature. During the past week, the only legislative
committees to hear bills were the Committees on Rules and Appropriations. Otherwise, legislative activity was confined to the
floors of the two chambers.
During the past week, Governor Brewer brandished her veto pen for the first times this year. She first rejected HB 2757
(billboards; changing message; authorization), which would have legalized electronic billboards along state highways. On
Thursday, March 29, HB 2362 (state parks revenue fund) became the subject of the Governor's second veto of the year (see
story below).
Conference committees are poised to begin meeting to reconcile differences between House and Senate versions of various
bills that have passed both chambers in different forms. The deadline for conference committees to meet is Friday, April 13,
four days before the 100-day session deadline established by rule.
Consolidated elections
HB 2826 (consolidated election dates; political subdivisions) mandates that, with very narrow exceptions, all municipal
elections must be held in the fall of even-numbered years. The bill, which is strongly opposed by the League, passed the
House by a slim margin on March 1.
The bill was scheduled for consideration by the Senate Committee of the Whole on Thursday, March 29 but was retained. It has
reappeared on the Senate COW calendar for next Monday, April 2.
The League remains opposed to the bill for a variety of reasons, including: state interference in a matter of purely local
concern (particularly with respect to the elimination of spring elections for cities and towns); prospective ballot length and
voter fatigue; increased costs and voter confusion; unnecessary and harmful delays for certain types of elections; and
difficulties associated with all-mail ballots.
During Senate consideration of the bill, an amendment may be offered that would address some, but not all, of the League's
concerns. Accordingly, the League continues to oppose the measure and encourages cities and towns to contact their senators
to urge a "NO" vote on HB 2826.
Liquor regulations
HB 2606 (liquor omnibus) failed in the Senate on Tuesday, March 27, by a vote of 12-18. Among other things, the bill,
sponsored by Rep. J.D. Mesnard (R-Chandler), permits the State Liquor Board to consider municipal tax delinquencies in liquor
license suspension and revocation proceedings. It further permits a city or town to use the average of the last five years of the
Consumer Price Index (CPI) for fee increases (as opposed to just the previous year's CPI). A motion for reconsideration was
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approved, which provides for a future revote on the measure.
State parks
On Monday, March 26, the Senate approved HB 2362 (state parks revenue fund) by a unanimous vote of 28-0, sending it to the
Governor's desk. Sponsored by Rep. Karen Fann (R-Prescott), the bill creates a new fund for operation and maintenance of the
state park system. The fund would be composed of private donations, revenue from fees and sales, and legislative
appropriations. The measure also permits the State Parks Board to acquire and develop real property and improvements,
subject to review by the Joint Committee on Capital Review.
On Thursday, March 29, Governor Brewer vetoed HB 2362. It was her second veto of the year. In her veto letter, the Governor
did applaud the bill sponsor and emphasize that the State Parks Department is working with Rep. Fann on potential
improvements to the legislation to avoid unintended consequences.
Animal cruelty
On Thursday, March 29, the Senate Committee of the Whole approved HB 2780 (animal cruelty; ranching dogs). The bill
provides an exemption from animal cruelty statutes with respect to dogs involved in ranching and farming activities. The
Senate adopted a floor amendment offered by Senator Ron Gould (R-Lake Havasu City), Chairman of the Senate Judiciary
Committee. That amendment considerably narrows the exemption.
The legislation continues to contain language preempting municipal ordinances involving abuse of ranching dogs. The bill,
which is opposed by the League, now proceeds to third reading in the Senate.
Traffic control
On Tuesday, March 20, the Senate Appropriations Committee approved a strike-everything amendment to HB 2557 (NOW:
intersection; definition) by a vote of 8-4. As amended, the bill redefines the definition of "intersection" in the transportation
statutes to make it more difficult to cite drivers for red light violations. The measure passed the Senate Committee of the
Whole on March 27 and now proceeds to its third reading.
Alarm installation
On Tuesday, March 27, the Senate Committee of the Whole passed HB 2748 (NOW: alarm business; alarm agent; certification).
The measure provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents,
and preempts further local regulation of alarm installation. The measure was additionally amended on the floor to make
technical and clarifying changes. The League is neutral on the bill, which now proceeds to its third reading in the Senate.
Consumer fireworks
HB 2361 (NOW: regulations; consumer fireworks), which passed the House by a vote of 46-14 on March 6, is subject to
consideration by the Senate Committee of the Whole at any time. Among other things, the legislation: prevents municipalities
from adopting ordinances with penalties greater than a petty offense for a person using certain consumer fireworks; permits
the imposition of fees on fireworks vendors; addresses certain signage issues; and permits restrictions on the sale and use of
consumer fireworks in Coconino and Yavapai Counties. The League is neutral on the bill.
Competing fireworks legislation, SB 1364 (consumer fireworks; permitted regulation), was approved by the House Rules
Committee on March 26 and was caucused in the House the following day. This bill, sponsored by Senator Andy Biggs
(R-Gilbert), does not authorize jurisdictions within Yavapai and Coconino Counties to regulate the sale of fireworks. Without
that modest expansion of regulatory authority, the League opposes SB 1364.
Tax reform
On Wednesday, March 28, the Senate unanimously approved HB 2123 (transaction privilege tax reform committee). The bill,
sponsored by House Majority Leader Steve Court (R-Mesa), establishes a 13-member committee to study various issues related
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to the future of taxes in Arizona. The bill requires the committee to report its findings and recommendations by October 31,
2012.
HB 2123 was amended by the Senate to remove the Director of the Office of Strategic Planning and Budgeting from the
committee and instead appoint the Director of the Department of Revenue. The House concurred with this change, and the
Governor signed the bill into law on Thursday, March 29.
Law enforcement
On Monday, March 26, the House Committee of the Whole was scheduled to hear SB 1212 (law enforcement officers; just
cause), but the bill was retained. Sponsored by Senator Andy Biggs (R-Gilbert), the bill mandates that the same "just cause"
process required for the termination of law enforcement officers be applied to demotions and suspensions lasting longer than
40 hours. The League opposes the bill as a costly impediment to the discipline of problematic officers.
On Wednesday, March 28, the House Committee of the Whole approved SB 1186 (law enforcement officers; omnibus) by voice
vote. Among other things, the measure, sponsored by Senator Linda Gray (R-Phoenix), severely curtails the ability of law
enforcement agencies to require fitness for duty examinations. The League opposes the bill, which previously passed the
Senate by a vote of 30-0.
Emergency response
On Monday, March 26, the Senate Rules Committee approved HB 2094 (prepaid wireless E911 excise tax). The bill, sponsored
by Rep. Bob Robson (R-Chandler), levies a tax of .8 percent on the retail sale of prepaid cell phone services to assist
governmental entities with the maintenance, operation and capital costs associated with the 9-1-1 system. Arizona currently
levies a tax on all telecommunications services for this purpose. The tax, however, is currently collected only on monthly
wired and wireless services. The League supports HB 2094 as a means to effect considerable improvement of Arizona's aging
9-1-1 system. The legislation now proceeds to the Senate caucuses for discussion.
Public works notification
On Monday, March 26, the Senate Rules Committee approved HB 2350 (NOW: cities; counties; regulations), which was caucused
in the Senate that same day. The measure requires a municipality to post its capital improvement plan (CIP) on its website.
Under the legislation, a utility may also request that it receive copies of the CIP, along with information on any new or
accelerated projects. The League is neutral on the bill, which has been placed on a Senate consent calendar.
Business incentives
SB 1442 (prime contracting; manufacturing facilities; infrastructure) was discussed by both House caucuses on Thursday, March
29. The measure allows municipalities and counties to recapture state transaction privilege taxes paid by qualified
manufacturing facilities for public infrastructure necessary for those facilities. The League supports the measure as a tool for
attracting manufacturing jobs to Arizona.
Sales tax collection
HB 2466 (NOW: payment; local sales tax) was scheduled for consideration by the Senate Committee of the Whole on Thursday,
March 29. The bill, which provides for the creation of an online portal for the direct remittance of taxes by taxpayers in
self-collecting cities, was retained. The League, which supports the measure, understands that it was held in order to resolve
outstanding issues with the Arizona Department of Administration.
Political signs
On Wednesday, March 28, the House Committee of the Whole approved SB 1200 (political signs; hazardous locations). The bill,
sponsored by Senator Sylvia Allen (R-Snowflake), stipulates that a government agency must notify the owner of a political sign
in writing if a particular sign is deemed to create a hazardous condition. It further provides that, for purposes of calculating
the time frame for permissible sign installation, a primary election begins on the day that early ballots are first mailed out to
voters. The measure now proceeds to its third reading in the House.
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Legislator Profile - Senator Steve Pierce
As a real-deal Arizona cowboy whose family has been in the ranching business since 1915,
Senator Steve Pierce knows bull when he sees it. And make no mistake: as the president of the
Arizona State Senate, he sees a lot of it.
There is little doubt that Pierce's reputation as a straight-shooting, no-nonsense, get-it-done
leader figured largely in his election to the Senate's senior leadership post upon the departure
of his predecessor. With a vocal minority and a caucus of independent-minded senators, Pierce
constantly draws on a reserve of quiet strength to keep the Arizona Senate moving forward.
Given the depth of his Arizona roots, Pierce's ancestors may as well have walked out of the sea
and right into the desert Southwest. Instead, his grandfather came to Arizona from Missouri,
rolling into the territory on a boxcar. He found work at O'Malley Lumber in Phoenix, from which
he retired as a manager at about the time that Arizona became a state.
Along the way, Grandfather Pierce acquired some 200 acres of farmland - at what is now 44th Street and Thomas Road in
Phoenix. He reinvented himself as a rancher and began raising short-horn cattle in the middle of what was to become one of
the country's largest metropolises.
The future president of the Senate was born in St. Joseph's Hospital in Phoenix in 1950. He attended elementary schools in the
northeast Valley until the time, in 1959, when urbanization took the Pierce family in a new direction. Developers acquired the
Pierce farmland as the site for Thomas Mall. (Opened in 1963, and anchored by Montgomery Ward and Diamond's, this modern
retail marvel - which was leveled in 1993 - featured colorful birds in giant cages, large aquaria and a "dancing waters" fountain
for shoppers' enjoyment.)
The family's legacy is memorialized in the form of Pierce Park, located on North 46th Street on a section of the former ranch
that was dedicated to Phoenix. Families now swim, shoot hoops, picnic and play tennis on land where cattle once grazed. Also
in the neighborhood is Pierce Plaza, a modest retail center. Long gone, however, are the cows and silos.
With some money in their pocket and ranching in their blood, the Pierces moved to Las Vegas Ranch in the Prescott area. As
far as young Steven was concerned, even though Prescott was a mere 100 miles away from Phoenix, it may as well have been
on the other side of the moon. "On that first day I got off the school bus, I knew that everything was completely different," he
recalls. "I found myself in a real melting pot, surrounded by kids of all types and ethnic backgrounds. I made friends
immediately."
He also went right to work on the ranch. He learned the value of a dollar, earning exactly one of them a day. And those dollars
were more than hard-earned. "I helped cull the herd. I hoed thistles. Helped bale hay. Moved cattle. Drove tractors. I did
whatever I was told."
Following his graduation from Prescott High School, Pierce entered college at the University of Arizona, where he earned a
degree in animal sciences. Of the 15 students who graduated from Pierce's program, he was the only one whose family owned
a working ranch. A professor of meat science and academic mentor, John Marchello, persuaded Pierce to return home and put
his knowledge to practical use. Marchello, a member of the UofA faculty since 1965, is still teaching meat science in Tucson.
And Pierce is still working the Las Vegas Ranch.
Pierce worked alongside his father, Delbert, on the ranch up until the latter died over three years ago. The elder Pierce
passed away just 12 days after his wife did. The couple met in second grade. He lived to 91, and his younger bride to 90.
Long before he passed, Delbert Pierce, who had himself served on the Scottsdale School Board, advised his son not to get into
politics. "It's too hard on a family," he counseled. Pierce intended to heed this advice, but he found that he couldn't stand
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back and idly watch as his state senator "failed to represent the values of the conservative district" in which they both lived.
Consequently, he took on the incumbent in the 2008 Republican primary and defeated him by 1,400 votes. He went on to crush
his Democratic rival by a 22 percent margin of victory in the general election.
As a legislator, Pierce examines issues through an intellectual prism crafted on an Arizona ranch. He emphatically notes, for
example, that responsible ranchers are the state's true environmentalists. Stewards of the land they love, their activities
contribute to forest health and a balanced ecosystem. Pierce is especially proud of the recognition that he and his father were
awarded in 1983 by the Arizona Section of the Society for Range Management. They were jointly named "Range Managers of
the Year."
Pierce is also attentive to urban issues and works to stay connected to the incorporated municipalities in Arizona's first
legislative district, located in Coconino and Yavapai Counties. Referring to his city and town constituents, he states: "They
know I'll help them when I can and that my door is always open."
Pierce doesn't appear to be very obsessed with a political career beyond the Senate. "Whatever happens, happens," he states
with his trademark taciturnity. "There are plenty of things I could do I only got to fish once all last year."
During a recent meeting of the executive committee of the League of Arizona Cities and Towns, Pierce talked about problem
solving and compared his jobs as rancher and Senate president. "On the ranch, if you can't fix something one way, you get
baling wire and fix it another way." Armed with the baling wire of common sense and resourcefulness, Pierce will remain
plenty busy solving problems at the political ranch located at 1700 West Washington in Phoenix.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
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