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HomeMy WebLinkAbout120419PREVISED: APRIL 17, 2012 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, APRIL 19, 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 o r 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 t o 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) t he 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 Z:\Council Packets\2012\R4-19-12\120419AREV.docx Last printed 4/17/2012 3:49 PM Page 2 of 3 REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum  INVOCATION – Elder John Nichols, Four Peaks Community Church  ROLL CALL – Mayor Jay T. Schlum  MAYOR’S REPORT i.) NONE  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) NONE 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 20 and April 5, 2012. 2. CONSIDERATION of RESOLUTION 2012-08, changing the designated authorized agent for Federal Emergency Management Funds. 3. CONSIDERATION of a REQUEST by the Public Art Committee to accept a donated sculpture titled “Good News” for public display. 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Jing Lu, Agent of K & C Evergreen LLC DBA Ha Ha China located at 11849 N Saguaro Boulevard, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 5. CONSIDERATION of approving a REPLAT of the Hamilton Homestead Condominiums, in order to abandon the two-unit condominium plat and revert the property back to one single lot. Property located at 16413 E. Ashbrook Drive. AKA Plat 111, Block 8, Lot 2. Case #S2012-01 6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Michael Scharnow, Vice President of the Kiwanis Club of Fountain Hills, located at the Sunset Kiwanis Activity Center, 16957 E. Kiwanis Drive, Fountain Hills, AZ, for a spaghetti western hoedown, scheduled for April 28, 2012, from 6 PM. - 10 PM. Z:\Council Packets\2012\R4-19-12\120419AREV.docx Last printed 4/17/2012 3:49 PM Page 3 of 3 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Debbie Skehen, President of the Fountain Hills and Lower Verde Valley Museum and Historical Society, located at 12901 N. La Montana Drive, Fountain Hills, AZ, for a Historical Society fundraising event scheduled for April 20, 2012 from 5 PM to 8 PM. REGULAR AGENDA ITEMS 8. CONSIDERATION of a LICENSE AGREEMENT between the Town of Fountain Hills and the Fountain Hills Sanitary District for the District’s use of the Town Lake Pump Back System. 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the Strategic Planning Advisory Commission RECOMMENDATION TO REVISE the Strategic Plan 2010, as presented by Chair Audra Koester Thomas on December 15, 2011, and was tabled for future consideration. 10. QUARTERLY UPDATE on the progress of implementing TOWN COUNCIL GOALS for FY2011-12. 11. DISCUSSION WITH POSSIBLE DIRECTION related to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN. 12. 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. 13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 14. ADJOURNMENT. DATED this 12th day of April 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 17, 2012 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, APRIL 19, 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 Z:\Council Packets\2012\R4-19-12\120419AREV.docx Last printed 4/17/2012 3:49 PM Page 2 of 3 REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum  INVOCATION – Elder John Nichols, Four Peaks Community Church  ROLL CALL – Mayor Jay T. Schlum  MAYOR’S REPORT i.) NONE  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) NONE 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 20 and April 5, 2012. 2. CONSIDERATION of RESOLUTION 2012-08, changing the designated authorized agent for Federal Emergency Management Funds. 3. CONSIDERATION of a REQUEST by the Public Art Committee to accept a donated sculpture titled “Good News” for public display. 4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Jing Lu, Agent of K & C Evergreen LLC DBA Ha Ha China located at 11849 N Saguaro Boulevard, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 5. CONSIDERATION of approving a REPLAT of the Hamilton Homestead Condominiums, in order to abandon the two-unit condominium plat and revert the property back to one single lot. Property located at 16413 E. Ashbrook Drive. AKA Plat 111, Block 8, Lot 2. Case #S2012-01 6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Michael Scharnow, Vice President of the Kiwanis Club of Fountain Hills, located at the Sunset Kiwanis Activity Center, 16957 E. Kiwanis Drive, Fountain Hills, AZ, for a spaghetti western hoedown, scheduled for April 28, 2012, from 6 PM. - 10 PM. Z:\Council Packets\2012\R4-19-12\120419AREV.docx Last printed 4/17/2012 3:49 PM Page 3 of 3 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Debbie Skehen, President of the Fountain Hills and Lower Verde Valley Museum and Historical Society, located at 12901 N. La Montana Drive, Fountain Hills, AZ, for a Historical Society fundraising event scheduled for April 20, 2012 from 5 PM to 8 PM. REGULAR AGENDA ITEMS 8. CONSIDERATION of a LICENSE AGREEMENT between the Town of Fountain Hills and the Fountain Hills Sanitary District for the District’s use of the Town Lake Pump Back System. 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the Strategic Planning Advisory Commission RECOMMENDATION TO REVISE the Strategic Plan 2010, as presented by Chair Audra Koester Thomas on December 15, 2011, and was tabled for future consideration. 10. QUARTERLY UPDATE on the progress of implementing TOWN COUNCIL GOALS for FY2011-12. 11. DISCUSSION WITH POSSIBLE DIRECTION related to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN. 12. 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. 13. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 14. ADJOURNMENT. DATED this 12th day of April 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. RE D A C T E D RE D A C T E D RE D A C T E D Redact Redact Page 1 of 2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 4/19/2012 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Ken Buchanan, Town Manager, 480-816-5130, kbuchanan@fh.az.gov Strategic Values: Not Applicable (NA) Council Goal: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a License Agreement between the Fountain Hills Sanitary District and the Town of Fountain Hills, for the District's use of Town Lake Pumpback System. Applicant: NA Applicant Contact Information: Property Location: Fountain Hills Pumpback System located on Panarama Wash Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Fountain Hills Sanitary District approached the Town of Fountain Hills requesting the pumpback system be put back into service at no cost to the Town. Its Fountain Lake Pumpback System is located in Panarama Wash and would compensate for the recent decline of available effulent available due to the housing foreclosures and drought conditions. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve License Agreement List Attachment(s): Fountain Hills Correspondence; Fountain Hills Sanitary District Correspondence SUGGESTED MOTION (for Council use): Mo ve to approve a License Agreement between the Town of Fountain Hills and the Fountain Hills Sanitary District for the district's use of the Town Lake Pumpback System. 1701284.1 LICENSE AGREEMENT THIS LICENSE AGREEMENT (this “Agreement”) is made as of April 19, 2012 (the “Commencement Date”), by and between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), as Licensor and the Fountain Hills Sanitary District, an Arizona sanitary district (the “District”) as Licensee. The Town and the District may be referred to herein individually as a “Party” or collectively as the “Parties.” RECITALS A. The Town is the fee owner of certain real property commonly referred to as Panorama Wash, as depicted on Exhibit A attached hereto and incorporated herein by reference (the “Town’s Property”), specific portions of which will be licensed to the District pursuant to this Agreement, which licensed portions are depicted on Exhibit A (the “Licensed Premises”). B. The Town is the owner of a pump-back system located on Licensed Premises consisting of a pump, electrical service and discharge line (the “Facilities”), which can be utilized to pump water from the Town Property to Fountain Lake. C. The District has the need to supplement water supplies to Town Lake and desires to use the Facilities to do so. D. The Facilities are in need of repair prior to being utilized for pumping water to Town Lake. The District has agreed to bear the costs associated with such repairs. Additionally, the District has agreed to maintain and operate the Facilities at its own cost and expense in exchange for the right to use the Facilities free of charge. E. The Town and the District have agreed that it is in the best interests of both Parties that the District be allowed to use the Facilities to pump water back to Town Lake. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the District hereby agree as follows: 1. The License. The Town hereby grants to the District a revocable license to use and occupy the Licensed Premises on the terms and conditions stated in this Agreement (the “License”), to repair, maintain and operate the Facilities for the purpose of pumping water from the Town Property to Fountain Lake. 1.1 Limited, Nonexclusive Rights. This License is a revocable, nonexclusive, and non-possessory authorization for the District to enter upon and use the Licensed Premises solely for the purposes described in Subsection 1.3 below on the terms and conditions stated herein. The District may not use the Licensed Premises for any other purpose or in any other 1701284.1 2 manner without the Town’s prior written consent. This License in no way restricts the Town’s use or conveyance of the Licensed Premises, any interest therein, or any improvements thereon, or the Town’s use of the Licensed Premises in any manner not inconsistent with the License. This License is not intended to create or convey to the District an interest in real property, and may not be recorded without the Town’s prior written permission. 1.2 Rights of Others. Nothing in this License may be construed as the Town’s representation, warranty, approval, or consent regarding rights in the Licensed Premises held by other parties, and the District is responsible for ascertaining the rights of all third parties in the Licensed Premises and obtaining their consent to the activities described in this License as necessary or appropriate. the District agrees to obtain, at its sole expense, such other licenses, permits, consents and agreements as may be required to address the rights of others by other appropriate agreements, easements, privileges or other rights, whether recorded or unrecorded, and shall make its own arrangements with holders of such prior rights. 1.3 Scope of License; Permitted Uses. During the term of this Agreement, the District shall have reasonable access to the Licensed Premises for the limited purpose of repairing, maintaining and operating the Facilities. The District may not use the Facilities located on the Licensed Premises for any purpose other than to provide for pumping of water to Town Lake. 1.4 Condition of Premises. The District agrees to accept the Licensed Premises “As Is,” without warranty of any kind, express or implied. The District acknowledges that the Town is not obligated to construct or install any improvements or facilities of any kind on the Licensed Premises. The District must use commercially reasonable efforts to maintain the Licensed Premises and the Facilities in a condition satisfactory to the Town, and must not cause or permit any generation of Hazardous Substances, as defined in Subsection 1.6 below. During the term of this Agreement, the District will have primary and ultimate responsibility for maintaining the condition of the Licensed Premises at the District’s sole expense, but the Town will cooperate with the District to implement appropriate, mutually-agreed-upon procedures to assure that the Licensed Premises are maintained in a condition that is satisfactory to both the Town and the District. 1.5 Condition of the Town’s Facilities. During the term of this Agreement the District must maintain the Facilities in a reasonable, safe and operable condition at all times during the term of this Agreement. The Town will have no right or responsibility to repair, maintain, or operate the Facilities. The Town will cooperate with the District to implement appropriate, mutually-agreed-upon measures to assure that the Facilities are maintained in operable condition and that if the Facilities are damaged or become inoperable, that the District is promptly notified. The District will repair or replace, at the District’s option and at the District’s sole expense, the Facilities or parts or components thereof as the District deems necessary and appropriate, subject to approval by the Town Manager or authorized designee. 1.6 Environmental Hazards. The Districts agrees not to use, store, or release, or permit to be used, stored, or released on the Licensed Premises, any Hazardous Substances defined herein to include any toxic substances or related materials, including, without limitation, 1701284.1 3 any substances defined as or included in the definition of “hazardous substances”, “hazardous waste”, “hazardous materials”, or “toxic substances” under any Hazardous Materials Laws (which include without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Hazardous Materials Transportation Act, the Resource Conservation and Recovery Act, the Occupational Health and Safety Act or any amendments to any of the foregoing, and all other federal, state and local environmental statutes, laws, regulations, ordinances, orders, actions or policies). The District may not engage in the production, location, transportation, storage, treatment, discharge, disposal, or release upon or under the Licensed Premises of any substance regulated under any local, state or federal environmental protection law or regulation. 1.7 Waste, Nuisance. The District shall not commit or suffer to be committed any waste or impairment of the Licensed Premises and covenants that it shall not do, nor permit to be done, on or about the Town’s Property any acts which may be a nuisance. 1.8 Compliance with Laws. In the exercise of any privilege granted by this License, the District must comply with all applicable State, municipal and local laws, and the rules, orders, regulations and other legal requirements, including laws and regulations relating to occupational safety and health and environmental protection, and all orders, writs, judgments, injunctions, decrees or awards of any court or governmental authority with jurisdiction over the District or the Licensed Premises. The District must obtain promptly and maintain in effect throughout the term of the License all licenses, permits, authorizations, registrations, rights and franchises necessary to conduct the actions required or permitted by the License. Furthermore, the District will not encourage or permit any use in or upon the Licensed Premises, or any part thereof, in violation of any applicable laws, statutes, rules or regulations of any federal, state or local authority. 1.9 Compliance with the Town Requirements. Any use made of the Licensed Premises pursuant to this License, and any maintenance, repair or other work performed thereon by the District, including the installation and removal of any article or thing, shall be accomplished in a manner satisfactory to the Town. 1.10 Structures. The District may not place or construct upon, over or under the Licensed Premises any installation or structure of any kind or character, except such as are specifically authorized herein or in writing signed by the Town. 1.11 Alterations; Damage; Restoration. No alterations may be made by the District to the Licensed Premises without first obtaining the prior, written consent of the Town and, if applicable, any other person or entity having an interest in or right to use or occupy the Licensed Premises. The District will bear all costs and expenses associated with performing any such alterations, including, without limitation, costs of repairs of the Facilities and any increased operating costs of the Town resulting from such alterations. Except as may be otherwise provided in this Agreement, the District may not alter, destroy, displace or damage any of Licensed Premises or any neighboring property in the exercise of the privileges granted by this Agreement without the prior, written consent of the Town and any other affected landowner, and the express agreement of the District promptly to replace, return, repair and restore any such 1701284.1 4 property to a condition satisfactory to the Town and any other affected landowner upon demand, and at the District’s sole cost and expense. 1.12 Operation and Use of Facilities. The District must confine activities on the Licensed Premises strictly to those necessary for the enjoyment of the privilege hereby licensed, and must refrain from marring or impairing the appearance of the Licensed Premises, obstructing access thereto, interfering with the transaction of the Town’s business and the convenience of the public, or jeopardizing the safety of persons or property, or causing justifiable public criticism. 1.13 Expenses. Any cost, expense or liability connected with or in any manner incident to the granting, exercise, enjoyment, or relinquishment of this License will be assumed and paid or discharged by the District. Such costs shall include, but shall not be limited to, costs to repair the Facilities, all costs for electricity and other power supplies, and all costs for maintenance and operation of the Facilities. The District shall reimburse the Town each month during the term of this Agreement for all costs, for electricity or otherwise, incurred by the Town and relating to the Facilities during the immediately preceding month. Such reimbursement shall be made within 30 days after notice from the Town of such amounts being due. 1.14 Assignment. The District may not assign this License nor sub-license all or any portion of the District’s right to use and occupy the Licensed Premises, and any purported assignment or sub-license by the District is void. This License does not confer on or convey to the District any possessory interest in the Licensed Premises, any right to exclusive possession or occupancy of the Licensed Premises, or any right of quiet enjoyment. The privileges granted to the District by this Agreement are personal to the District and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express and written consent of the Town. 1.15 Responsibility for Others. The District will be responsible for the conduct and discipline of its employees, contractors, subcontractors, invitees, licensees, and other persons entering upon or using the Licensed Premises pursuant to this Agreement. 1.16 Subordination. This Agreement and the License granted herein is subject and subordinate to the terms of all ground leases, superior leases, mortgages, deeds of trust, other security instruments, and any other prior rights and matters of record now or hereafter affecting the Town’s interest in Licensed Premises. 2. Term of License. The License and rights granted by this Agreement will become effective as of the Commencement Date and, unless otherwise agreed to in writing, signed by both Parties, will automatically expire and terminate on the date the Parties enter into an intergovernmental agreement or other document that (i) relates to this subject matter and (ii) expressly replaces this document. 3. Consideration for License. As consideration for the License and the use of the Licensed Premises and the Facilities, the District agrees to pay the sum of $1.00 upon execution of this Agreement. In addition, the District will provide the Town reports and other information 1701284.1 5 relating to the License and the use of the Facilities on the Licensed Premises; provided, however, that the District will not be required to and will not provide to the Town any information that is proprietary or confidential. 4. Surrender. On the expiration or any earlier termination of this Agreement, the District shall vacate the Licensed Premises and surrender possession of the Facilities to the Town. Upon expiration or termination of the License, the District will, at the District’s sole expense and to the Town’s satisfaction, restore the affected portions of the Licensed Premises (surface and subsurface) to a safe condition prior to surrender. 5. Termination. This Agreement may be terminated by the District in writing to the Town, without cause, at any time and for any reason, whereupon the Parties shall be fully released from their respective duties, rights, obligations and liabilities under this Agreement except as provided herein. 6. Indemnification. The District shall indemnify, defend, save and hold harmless the Town and its officers, officials, agents, and employees for, from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property, including but without limitation, infringement or violation of any rights, including intellectual property rights of third parties, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the District or any of its owners, officers, directors, agents, employees or contractors, arising out of or related to the District’s occupancy and use of the Licensed Premises. It is the specific intention of the Parties that the Town shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Town, be indemnified by the District for, from and against any and all claims. It is agreed that the District will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration for the use and occupancy of the Licensed Premises, the District agrees to waive all rights of subrogation against the Town, its officers, officials, agents and employees for losses arising from the use, occupancy or condition of the Licensed Premises. 7. Insurance. 7.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of the District, the District shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect the 1701284.1 6 District. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement, but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve the District from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. The District’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of the District. The District shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. G. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. The District shall be solely responsible for any such deductible or self-insured retention amount. H. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, the District shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and the District. The District shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. I. Evidence of Insurance. INTENTIONALLY OMITTED. 7.2 Required Insurance Coverage. 1701284.1 7 A. Commercial General Liability. The District shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. The District shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on the District’s owned, hired and non-owned vehicles assigned to or used in the performance of the District’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the District engages in any professional services or work adjunct or residual to performing the work under this Agreement, the District shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the District, or anyone employed by the District, or anyone for whose negligent acts, mistakes, errors and omissions the District is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. In the event the Professional Liability insurance policy is written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the Services, and the District shall be required to submit certificates of insurance and a copy of the declaration page(s) of the insurance policies evidencing proper coverage is in effect as required above. D. Workers’ Compensation Insurance. The District shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over the District’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 1701284.1 8 7.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days’ prior written notice to the Town. 8. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Kenneth W. Buchanan, Town Manager With copy to: GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. If to the District: Fountain Hills Sanitary District 16941 East Pepperwood Circle Fountain Hills, Arizona 85268 Attn: Ronald D. Huber, District Manager With copy to: Curtis, Goodwin, Sullivan, Udall & Schwab 501 East Thomas Road Phoenix, Arizona 85012 Attn: William P. Sullivan or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 9. Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement unless otherwise indicated. 1701284.1 9 10. Entire Agreement. This Agreement and the exhibits and schedules referenced or attached hereto constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all prior agreements, understandings and negotiations, both written and oral, between the Parties with respect to the subject matter hereof. This Agreement is not intended to confer upon any person other than the Parties hereto any rights or remedies hereunder. 11. Severability. If any terms or other provision of this Agreement or the schedules or exhibits hereto shall be determined by a court, administrative agency or arbitrator to be invalid, illegal or unenforceable, such invalidity or unenforceability shall not render the entire Agreement invalid. Rather, this Agreement shall be construed as if not containing the particular invalid, illegal or unenforceable provision, and all other provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either Party. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the fullest extent permitted under applicable law. 12. Information. Subject to applicable law and privileges, each Party hereto covenants with and agrees to provide to the other Party all information regarding itself and transactions under this Agreement that the other Party reasonably believes is required to comply with all applicable federal, state, county and local laws, ordinances, regulations and codes. 13. Further Agreements. The Parties shall execute or cause their applicable affiliates to execute such additional agreements between the Parties and/or their respective affiliates as may be reasonably necessary to effectuate the intent of this Agreement. 14. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective legal representatives and successors, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Agreement. This Agreement may be amended at any time by mutual consent of the Town and the District, evidenced by an instrument in writing signed on behalf of each of the Parties. 15. Amendment and Modification. This Agreement may be amended, modified or supplemented only by a written agreement signed by all of the Parties hereto. 16. Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of either Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. 1701284.1 10 17. Authority. Each Party represents to the other Party that (i) it has the corporate or other requisite power and authority to execute, deliver and perform this Agreement, (ii) the execution, delivery and performance of this Agreement by it have been duly authorized by all necessary corporate or other actions, (iii) it has duly and validly executed and delivered this Agreement and (iv) this Agreement is its legal, valid and binding obligation, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and general equity principles. 18. Third Party Beneficiaries. None of the provisions of this Agreement shall be for the benefit of or enforceable by any third party, including any creditor of any Person. No such third party shall obtain any right under any provision of this Agreement or shall by reasons of any such provision make any claim in respect of any liability (or otherwise) against either Party hereto. Notwithstanding the foregoing, it is understood that the District’s rights hereunder shall inure to the benefit of the District’s affiliates and their officers, directors and employees. 19. Default; Remedies. The actual or prospective failure of either party to satisfy any material obligation under this Agreement, and the breach of any material representation or warranty stated in this agreement, will be an event of default. If a party’s default continues without cure for 30 days after delivery of a written notice of default in the manner provided in Section 8, the other party will be entitled to terminate this Agreement for cause, and to all other remedies available at law or in equity, including damages and specific performance. The rights and remedies set forth in this agreement are not intended to be exhaustive and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently exist in law or equity or by statute or otherwise. Failure or delay by the Town to exercise any right, power or privilege will not be deemed a waiver thereof. 20. Attorney’s Fees. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. 21. Miscellaneous. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Except as expressly provided herein to the contrary, when a Party is required to do something by this Agreement, it shall do so at its sole cost and expense without right of reimbursement from the other Party. Whenever one Party’s consent or approval is required to be given as a condition to the other Party’s right to take any action pursuant to this Agreement, unless another standard is expressly set forth, such consent or approval shall not be unreasonably withheld, conditioned or delayed. 22. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same agreement. 23. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. The exclusive venue for any litigation, 1701284.1 11 arbitration, administrative hearing or the like concerning this Agreement or any matter arising therefrom shall be in Maricopa County, State of Arizona. IN WITNESS WHEREOF, the Parties hereto have executed this instrument as of the date and year first set forth above. “Town” “District” TOWN OF FOUNTAIN HILLS, an Arizona FOUNTAIN HILLS SANITARY municipal corporation DISTRICT, an Arizona sanitary district Jay T. Schlum, Mayor Bruce Hansen, Chairman of the Board ATTEST: ATTEST: Bevelyn J. Bender, Fountain Hills Town Clerk Ronald D. Huber, Secretary of the Board 1701284.1 EXHIBIT A TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS SANITARY DISTRICT [Depiction of Town Property and Licensed Premises] See following pages. EL L A G O B L V D TR A C T C M C R 0 0 - 0 8 8 4 0 8 7 PA N O R A M A W A S H VIA D E L O R O MCR 95-219416 PUERTO DEL LAGO MCR 95-219416 MORNINGSIDE QU A I L R I D G E D R LAKESIDE PATIO HOMES BOOK 278-PAGE 27 P A N O R A M A D R PU E R T O D E L L A G O PA N O R A M A W A S H ** PUMP LOCATION EXHIBIT A LICENSED PREMISES You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) 3rd QUARTER REPORT ON COUNCIL GOALS FOR FY2011-12 April 19, 2012 November 17, 2011 Page 1 of 10 On December 16, 2010, the Town Council adopted Council Goals for FY2011-12 based on Strategic Plan 2010. The following graph depicts progress that the staff has made toward achieving these goals since the beginning of FY2011-12: 0 10 20 30 40 50 60 70 80 90 100 Recreational Opportunities and Amenities Economic Vitality Education, Learning, and Culture Civic Responsibility Environmental Stewardship Civility PERCENT COMPLETE PROGRESS TO COUNCIL GOALS FOR FISCAL YEAR 2011 -12 Quarter 1 Quarter 2 Quarter 3 OVERVIEW Page 2 of 10 Strategic Value: CIVILITY Percent Complete: 100% C1 Practice the art of civility in all public settings and encourage those around you to do the same. Staff supports the concept and principle that civility serves as the foundation of our interactions and relationships internally and externally by reaching out to local organizations and asking how the Town and the organizations can work together to maintain open and respectful dialogue in advance of divisive issues becoming controversial. C2 Support community events and activities that create opportunities to build community and friendship. 1. Build on success of current service events and opportunities. “Make a Difference Day” was held on Saturday, October 22, 2011 from 7:30 a.m. to noon. The event was coordinated by Volunteer Coordinator Heather Ware and her much appreciated planning committee that included Nan Norton, Paul Appledorn, Boyce Baldwin, Pastor Steve Bergeson, Victoria Caltabiano, Dan Foster, Bill Myhr, Jo Nelson and Mike Scharnow. Approximately 175 residents volunteered their time and skills to complete a variety of projects consisting of building a wheelchair ramp, building fences, patching stucco, painting, clearing brush and overgrown landscaping, cleaning closets, and cleaning garages. In addition, great progress was made at Fountain Park with the Greening of Downtown project. This first “Make a Difference Day” in Fountain Hills was a big success and we would like to continue to be a part of national “Make a Difference Day” each fall, held on the fourth Saturday in October. The recipients of this event were extremely grateful. One lady stated that with all the negative things going on in the world, this event restored her faith in mankind. Some prepared food for the volunteers and many became teary eyed when expressing their appreciation. Overall it was a very rewarding experience. Many of the volunteers with “Make a Difference Day” want to continue to help the residents they served during the event on an ongoing basis. 2. Provide new event to provide opportunity for community service and camaraderie building. This initiative was intended to introduce the Keep Fountain Hills Beautiful Day in conjunction with the Keep America Clean initiative. The Town held the second annual “Make a Difference Day” event that was extremely successful. The efforts of the staff and volunteers resulted in so many community projects being completed that staff will focus efforts on continuing this program next fiscal year rather than diluting efforts with a second event. 3. Support and contribute to state centennial activities and incorporate centennial activities. The local event to celebrate the Arizona Centennial was held on Sunday, February 12, at the Centennial Circle adjacent to the Community Center. There were an estimated 400-500 people at the event. An application to the Arizona Centennial Commission was prepared, submitted and approved to have this local event sanctioned as an official State Centennial event. The 2011 theme for the Holidays at the Community Center in December was “Christmas through the Years – a Centennial Celebration of the Holidays”. The Centennial Circle was improved in December with the addition of decorative pavers and landscaping in a design created by the local Centennial Committee members. A monument was placed by the Community Center that recognizes local residents, Jerry and Jackie Miles who played a significant part in establishing the Town’s art collection. 4. Develop a proposal to reduce the cost of facility use and rental fees for residents and organizations in Fountain Hills. Two new proposals were approved this year in the new fee structure that was adopted at the Community Center. One was to reduce the fee for local groups that book on a more frequent basis. Page 3 of 10 Additionally, the fees for audio visual use at the Community Center, which are again used often by local groups, were reduced by half. 5. Develop a program to encourage organizations to partner with the Town in facility maintenance and upkeep. The initiative is to meet with stakeholder groups to determine the parameters of a program that would encourage regular user groups to participate in general maintenance. The majority of groups that regularly use Town facilities are proud of their facility and willingly assist in the cleanup. To date, the following groups have agreed to participate as indicated: - Sonoran Conservancy – Maintain the trails in the Preserve and the Town’s Overlook Trail - Botanical Garden Society – Maintain the Desert Botanical Garden and the Desert Wildflower Garden in Fountain Park; provide docents for tours of the Desert Botanical Garden by the public - Master Gardeners – Maintain the Low-Water Garden in Fountain Park - Volunteers – help to maintain the public art on display outdoors; act as docents for art walks - Little League and Soccer both contribute to help cover some of the cost of maintaining their respective facilities at both Golden Eagle Park and Desert Vista Park. - Local Veterans groups help defray some of the costs to maintain the Veterans Memorial. C3 Genuinely solicit and consider public and stakeholder feedback as part of the decision-making process. 1. Encourage greater citizen participation in Town Halls. Town staff has introduced the concept of “Citizen Town Halls” by inviting residents to visit their Town Hall and meet with a Department Director from any department regarding any issues that they would like to talk about. The first Citizen Town Hall in September had five resident attendees and the second had two. Additional Town Halls were held during the months of October through December with minimal public attendance. On Wednesday, April 18, Town staff will hold a public budget Open House that will give residents an opportunity to provide feedback on the proposed FY12-13 budget document. Expand web-based feedback instruments to encourage public stakeholder feedback. The initiative is to utilize technology to survey citizen satisfaction with Town services and identify areas for improvement. During the Town Manager search, a survey was added to the website asking residents for input on what they would like to see in a new Town Manager. The website was updated to include a searchable “Tax Dollars at Work” section that includes all payments made to vendors for the fiscal year. The front page was also updated to provide a link for residents to follow the proposed Congressional and Legislative redistricting efforts of the Arizona Redistricting Commission. The Administrative Department/Finance now includes a link to the monthly budget report showing year to date revenues and expenditures, as well as a feedback link for the FY12-13 proposed budget. 2. Consider strategies that utilize social media as a feedback instrument. The Town has updated the front page of the Town website to make it more dynamic with more current information. For example, a link was provided to the Arizona Redistricting Commission website so residents could follow the changes made to the Congressional and Legislative Districts. As a result, more citizens contacted the Town on how to become engaged. Additionally, staff has increased the posts to the Town’s Facebook and Twitter accounts to alert residents of ongoing events. . A new communication tool is the use of “robo calls” to contact volunteers to remind them of upcoming events; it is anticipated that this method of reaching out to residents can be expanded as more residents sign up with their contact information. Page 4 of 10 Strategic Value: Environmental Stewardship Percent Complete: 99% ES3 Explore and implement new technologies and opportunities that will minimize noise, air, and light pollution and reduce energy consumption. 1. Conduct and analyze Town energy audit and employ strategies to reduce energy consumption. An Energy Audit has been completed. Three high-priority items from the audit were to install a new energy management system (EMS), HVAC upgrades, and lighting retrofits to more energy efficient lights and fixtures. 2. Investigate ways to reduce energy costs. A new energy management system for the Town Center complex has been installed. Staff will monitor the energy use data collected by the EMS to calculate energy savings. We will continue to use the energy audit as a tool to implement priority energy saving measures on Town-owned facilities in the future. Staff will be bidding out mini-split HVAC systems for electrical rooms as well as lighting retrofits in early 2012. 3. Recommend sustainable practices. Staff will continue promoting water conservation through our low-water landscape ordinance and utilizing “Water Use It Wisely” as part of our public outreach and education for water conservation. Staff works closely with Allied Waste and Recyclebank to educate and encourage residents on increasing the landfill diversion rate of the Town’s curbside trash and recycling program. A Town sponsored electronics recycling event and a Museum sponsored paper shredding event was held in November of 2011. These events are planned for April of 2012 as well. Strategic Value: Civic Responsibility Percent Complete: 90% CR2 Discover, recognize, and utilize the talents of our citizens and use these assets to address community needs. 1. Expand “Take Pride Day” where volunteers complete small jobs to promote facility maintenance and upkeep of amenities, perhaps as a semi-annual event or as part of Centennial activities. The initiative is to continue to build on the success of “Take Pride Day.” The FY11-12 budget included a spring “Take Pride Day”; staff would like to propose foregoing the annual “Take Pride Day” in lieu of expanding “Make a Difference Day”. Our staff does such a great job maintaining Town-owned property that it is a challenge to create municipal projects for a “Take Pride Day” event. National “Make a Difference Day” is more aligned with the strategic direction of utilizing the talents of our citizens to address community needs, and we are confident it will grow larger each year. The 2011 “Make a Difference Day” event was a huge success. 2. Establish a senior mobility program that uses volunteers to escort seniors to doctor’s appointments, services, and other errands. The Give-A-Lift program has been in existence since July of 2009. We currently have approximately 50 riders and are in desperate need of more volunteer drivers. Our Volunteer Coordinator will continue to reach out to local organizations, at Volunteer Coffees, and through newspaper articles in an attempt to recruit more volunteers for this program. Page 5 of 10 CR3 Foster a culture of public service and volunteerism. 1. Continue to utilize Volunteer Coordinator to foster volunteerism for activities and initiatives. Our Volunteer Coordinator continues to actively recruit volunteers. There are application packets in each of the kiosks at the Town Hall, Community Center and Library. The Volunteer Program is featured on our website. In addition, our Volunteer Coordinator continues to speak at local organizational meetings to discuss the numerous roles volunteers can fill. Periodic articles appear in the Fountain Hills Times. Partnering with clubs and organizations, as well as the faith community, brings new volunteers to the Town as seen in our recent “Make a Difference Day”. Our greatest resource continues to be word of mouth. 2. Expand on the Adopt A Street program to include citizen stewardship of community assets. Several public areas have now been adopted by a number of local groups that are assisting with the maintenance of various community assets. These include the trails in the Preserve and adjacent to Fountain Park, the Desert Botanical Garden, and the Low-Water and Desert Wildflower Gardens in Fountain Park. Volunteers are also continuing to maintain the display of public art on a monthly basis. CR4 Implement a comprehensive communications plan to encourage informed citizen participation in civic life. 1. Develop a communications strategy to effectively provide information to citizens. The initiative is to develop a comprehensive citizen’s communications strategy which identifies how citizens most often prefer to receive information about the Town and prescribe methods the Town can effectively communicate with residents and other critical publics. Developing a comprehensive communications strategy without staff dedicated to this initiative limits how comprehensive any strategy can be. However, staff continues to communicate through appearances at local organization meetings, Citizen Town Halls, monthly AveNEWS, weekly Manager’s reports, Facebook, Twitter and Town website. 2. Develop a single community activities and events calendar to showcase Town, partner, and regional activities and serve as a clearinghouse to communicate opportunities. The Town website has a calendar that includes events that the Town is aware of; staff solicits information from local organizations so that their events can be included on the calendar. 3. Close the loop on citizen inquiries and inform council members of final answers/resolution. Citizens are encouraged to submit comments, complaints, or inquiries through the Town website’s citizen portal, eFountain. The issue can then be tracked by both the citizen and staff (and Council) as to the progress and/or resolution. The system sends an email to the citizen when the issue is closed so they can see that their issue was addressed. Issues forwarded by the Town Council to staff are also entered into eFountain to ensure that there is follow-up. 4. Utilize civic events to share information about Town issues. The Town participated in the Fountain Hills PTO Holiday Boutique on December 4, 2011 by purchasing a booth space. Town staff manned the booth with brochures and information on Town services and staff was available to answer questions from participants on any Town issues. CR7 Communicate the role of local government and clearly define the trade -offs between service levels and amenities and the associated costs so residents can make informed choices. 1. Deliver budget presentations to identified community stakeholder groups. The FY2012-13 budget process began with the Council budget retreat on Thursday, November 17, at the Fountain Hills Community Center, and was open to the public. The Town Council was presented with the “tools” that are available for balancing a municipal budget each year and worked together to come up with those options that were considered as part of the discussion for the budget goal Page 6 of 10 setting retreat session on January 26, 2012 at the Community Center. During the month of April, 2012, staff will make presentations to as many local organizations who are interested on the proposed budget to seek feedback on proposals. 2. Continue to present Citizens Academy. The second annual Citizens Academy was conducted for seven weeks beginning Wednesday, January 25 through Wednesday, March 7, 2012. The classes included presentations from Administration, Community Services, Development Services, Law Enforcement, the Fire Department, the Municipal Court, and the Mayor. 3. Create an easy-to-understand, meaningful document that translates the budget for public consumption. The Budget in Brief document will be enhanced to provide comprehensive but easy to understand information for the public. The document is posted on the Town’s website. 4. Clearly communicate policy decisions and implications of decisions. Included as part of the Budget in Brief document. 5. Investigate the potential of becoming an Arizona We Want pilot community. The Town applied to be considered but was not accepted; the Town will support the local business that was accepted and contribute in any way that we can. Strategic Value: EDUCATION, LEARNING AND CULTURE Percent Complete: 90% ELC2 Support partners in providing arts and cultural opportunities and amenities. Staff presented recommendations to the Town Council to help streamline the special event process for applicants, staff and the Town Council. The proposed recommendations were approved at the November 3 Town Council meeting. Additionally, staff is working with representative from Fort McDowell, and their enterprises, to better communicate and potentially jointly program for special events. 1. Identify local talent and promote opportunities to showcase talents at community events and activities. Staff researched options for this event and feedback was less than enthusiastic for an event of this nature. Staff has removed this event from the budget for FY 2011-12. Support public art walk. Staff continues to support the public art walk and has expanded the private tour offerings by reaching out to neighboring school districts. The art docent manuals have been updated to reflect the new art acquisitions since last season. The orientation meeting was held to kick off the new season of art walks. ELC4 Position the community’s arts and cultural businesses, venues, and amenities as economic drivers integrated into the Town’s comprehensive economic strategy. 1. Increase external awareness of and interest in public art. This initiative was intended to provide a partial virtual tour of public art in Fountain Hills; once the Town has a digital library of all the art pieces, the virtual tour will be available on the Town’s website. 2. Continue to support Greening project. Staff continue to work closely with the Greening of Downtown group and is close to finishing Phase IV of the project. The planting of forty additional trees was completed this winter. Planning is now Page 7 of 10 underway for Phase IV, the final phase planned for Fountain Park, which will include a cactus garden and additional improvements to add landscaping around the amphitheater. Continue to support the arts district. The Town supports the arts district by coordinating the general maintenance of each piece of art through volunteers, as well as hiring a professional to come in twice a year for maintenance. ELC5 Encourage access to higher learning opportunities or the establishment of an educational or training campus within our community. 1. Broker a commitment from an organization to establish an educational or training facility/program in Fountain Hills. Report on activities to date. The Town continues to maintain a relationship with Scottsdale Community College (SCC). After several meetings and discussions, SCC’s desire to work with Fountain Hills appears to be leaning more toward assisting in workforce training and development on a case by case basis for Fountain Hills’ businesses rather than establishment of a program or facility in the community. After research on communities who have been successful in attracting institutions of higher learning, it appears, among other factors, the communities tend to have a significant population growth pattern with a trend toward a younger population base. We will continue to monitor opportunities and respond appropriately. Strategic Value: ECONOMIC VITALITY Percent Complete: 60% EV1 Develop a comprehensive economic development strategy for the Town’s future and work with our partners to forward economic growth and awareness. The economic vitality plan, which includes a comprehensive economic development strategy for the Town’s future, is drafted. Updates and revisions are currently underway. The completion of a final draft is anticipated prior to the end of the fiscal year. 1. Develop a comprehensive community marketing plan/campaign. This initiative is to determine theTown’s “brand” and develop a comprehensive branding strategy. Both the Strategic Planning Advisory Commission and the Fountain Hills Chamber are working on creating a brand to market Fountain Hills. The Chamber has presented an update on the branding initiative to the Town Council and is developing a brand marketing strategy that will promote the Town of Fountain Hills. EV2 Develop and maintain a balanced, equitable, sustainable, local financing structure to support the Town’s core government services at desired service levels. 1. Revisit the 2007 Revenue Enhancement Analysis Report and identify potential strategies for consideration and/or implementation. The Revenue Enhancement Analysis was prepared in 2007 and contains significant amounts of data that compares Fountain Hills to similar communities both inside and outside of Arizona. An update of the report was proposed for the FY12-13 budget; however, the Town Council removed the item from the toolbox. 2. Review and consider implementation of a storm water maintenance fee. The stormwater fee was considered last year but did not receive Council support. The fee was presented as a “toolbox” item during the FY12-13 Council budget retreat discussion but did not receive majority Council support. 3. Consider establishing a financial sustainability commission to review and recommend strategies to ensure long-term financial sustainability. Page 8 of 10 The initiative to consider establishing a financial sustainability committee to review and recommend strategies to ensure long-term financial sustainability is a program that the Strategic Planning Advisory Commission would like to move forward with. During the joint meeting between the Town Council and the Strategic Planning Advisory Commission, there was significant discussion regarding the direction in which Council would like SPAC to move. EV4 Promote retention, expansion, and relocation of quality businesses. Several strategies with specific focus areas are being used to implement this element of the Strategic Plan. Retail Business Recruitment / Attraction: Recruitment of retail businesses, which will provide products and services for Fountain Hills’ residents, continues to be an emphasis. The Town continues to build relationships with the real estate professionals who represent retail space in Fountain Hills and provide them with information on the market. To that end, the Town has worked with various leasing agents over the course of the 3rd Quarter to provide information and support for their marketing efforts. Staff analyzed and prepared information on restaurant and bar retail sales tax collections from 2007 through 2011. The information was sent to l easing agents and property owners of retail space in Fountain Hills for use in marketing their Fountain Hills property. The information was well received, with additional information on the Fountain Hills market provided. As part of the outreach efforts to attract retail, staff attended the International Council of Shopping Centers (ICSC) Southwest Idea Exchange to learn about the state of retail. In addition, staff spoke with retailers or their representatives and other real estate representatives about their expansion plans and location criteria. In preparation for the 2012 ReCon trade show, outreach to the real estate professionals who represent retail space in Fountain Hills began. Business Recruitment / Attraction: The attraction of businesses that will create quality jobs, increase daytime population, and build the community’s economic base continues to move forward. The identified targeted business sectors for Fountain Hills align well with the Greater Phoenix Economic Council’s (GPEC’s) target industry sectors. Staff met with GPEC business development representatives to relay information on the targeted business sectors and discuss benefits associated with a Fountain Hills location. As an ongoing effort, staff regularly participates in GPEC meetings and is engaged in continuous interaction with GPEC. In addition to GPEC, staff outreached to Arizona Commerce Authority (ACA) business development representatives to discuss location opportunities in Fountain Hills, and learn about the changes within the organization and programs available. In the 3rd Quarter, Fountain Hills researched, prepared and submitted two prospect packages outlining the benefits of a Fountain Hills location for two companies looking at Arizona. These opportunities came through GPEC and ACA. Page 9 of 10 1. Provide opportunities to receive feedback from those investing in our community. GPEC provided support for a telephone outreach to specific businesses in Fountain Hills to garner feedback as well as information on the business. This strategy was deployed as a forum for an exchange of ideas with the Town and for the Town to receive feedback on items which may be of concern. 2. Develop strategies that focus on business retention within the community. GPEC implemented an outreach effort to our existing businesses in specific sectors. The purpose was to gather information from our existing businesses which will help define and refine the competitive advantages of a Fountain Hills location. A questionnaire was used to facilitate data gathering and also allows input from the existing business base as to how the Town can improve the local and regional business climate. 3. Continue to review codes to identify opportunities to relieve businesses of unnecessary regulation. A sign committee made up of two Councilmembers, two Planning and Zoning Commissioners, four staff members, the President of the Chamber of Commerce, and five members of the business community meet on a weekly basis to discuss changes to the Town’s Zoning Ordinance, specifically signage. The committee has met 13 times over the past four months. The committee will recommend a one-year extension of the sunset clause for A-frame and banner signs in December. Numerous additional changes have been discussed to date; once all of the sign regulations are reviewed, any proposed changes will be presented to the public at Open Houses and then they will go to the Planning and Zoning Commission for their review and recommendation to the Town Council. The first draft will be presented at public open houses held on March 27, 2012 and April 11, 2012, with review by the Planning and Zoning Commission and adoption by the Town Council occurring sometime in early fall of 2012. 4. Examine possibilities associated with acquisition of properties not used by school district for possible business location or other municipal uses. The initiative to examine possibilities associated with acquisition of properties not used by the school district for possible business location or other municipal uses has not moved forward at this time; the Four Peaks elementary school currently has a tenant is not available for Town use. EV5 Promote Fountain Hills as a visitor destination. 1. Continue to support and partner with the Fountain Hills and Fort McDowell Tourism Bureau. Staff regularly attends the bi-monthly meetings of the Visitor’s Bureau to share information about upcoming events. Staff also meets regularly with Visitor’s Bureau staff to provide input on marketing efforts related to events and Fountain Hills as a wedding destination. Staff recently met with a representative from the Radisson Fort McDowell to discuss increased awareness of eve nts between the Town and resort and the Fort McDowell Yavapai Nation. Staff plans to increase communication between the Town and all the relevant Fort McDowell enterprises moving forward. EV6 Identify a slate of economic development tools and strategies (including tax incentives, fee abatements, etc.) to stimulate economic growth. 1. Develop a strategy to focus new development and business relocation to the Downtown Core (along Avenue of the Fountains). Based on the Downtown Vision Plan, and the information and recommendations made at the ULI AzTAP event, a strategy has been developed and is being implemented which focuses efforts on new business attraction to vacant spaces on the north side of the Avenue. The guiding principles are to increase foot traffic and vibrancy while encouraging a complementary business mix. The strategy is to attract another anchor business to the Avenue and infill with complementary businesses. Page 10 of 10 Implementation items completed include a vacant space inventory, contact with leasing agents of vacant space, identification of a building that can accommodate an anchor business, identification of target business types, conceptual building layout for building, and conceptual redesign of open space/courtyard space. 2. Analyze and facilitate necessary rezoning (and related activities) to support future Lakeside District development and look at other tools that might prepare us for making the Downtown Vision Plan come to life as the economy improves. The proposed road bond that was not approved by Fountain Hills voters had included reconstruction of the Avenue of the Fountains and Saguaro Blvd. intersection, which involved components of the Downtown Vision Plan. Strategic Value: RECREATIONAL OPPORTUNITIES AND AMENITIES Percent Complete: 80% R2 Provide an interconnected, multi-use trail and bicycle system that promotes active living, physical activity, education, and appreciation of our parks and natural resources. 1. Utilizing the Urban Trails Plan, identify improvements along circuits that better accommodate and promote multi-modal use of urban trails. Staff continues to work with a consultant to develop an overall Urban Trail Plan to include signage and trail markings. The proposed Urban Trail Plan was presented to both the Town Council and the Parks and Recreation Commission at their joint meeting. Current plans call for the proposed plan to be presented to the Council in mid-2012. Funding to begin implementing the Trail Plan has been requested in the FY 2012-13 year budget and will include trailhead and trail signage, as well as an informational trailhead kiosk. 2. Provide analysis of pedestrian movements with the Town and identify interconnect gaps. A sidewalk map has been created. Community and Development Services have developed a preliminary Urban Trails Plan, which also helped identify gaps in the sidewalks where potential pedestrian paths may be located in the future. The Town Council placed on hold a capital project which would have connected the sidewalk on the south side of Shea Blvd. at Eagle Mountain to the City of Scottsdale multi-use path at 142nd Street. This is a joint project with the City of Scottsdale that included CMAQ funding. Staff anticipates bringing the project back to Council in FY12-13 to determine if the Town wishes to move forward with the project or forfeit the grant funding. 3. Work with Sonoran Conservancy and other organizations to expand and maintain Preserve Trails. Staff continues to support the efforts of the MMPC and continues to work with the commission on possible expansion of the trail system to include a link to the Preserve trail system from Scottsdale. In addition, the Sonoran Conservancy has agreed to maintain the Town’s Overlook Trail system that provides views adjacent to Fountain Park and the lake. ISSUE 13 - April 6, 2012 Legislative overview Today is the 89th day of the second regular session of Arizona's Centennial Legislature. During the past week, Governor Brewer vetoed HB 2647 (county stadium districts; Rio Nuevo). Interestingly, her veto letter focused little on the substance of the legislation; rather, it explained that the she vetoed the bill because of its financial implications, stating that, "it is unwise to enact legislation that has a fiscal impact or changes tax policy until we have reached an agreement on projected revenues and appropriated expenditures as part of a state budget for Fiscal Year (FY) 2013." The Governor further wrote: "I cannot sign into law any other measure with a fiscal impact, while other critically important funding issues remain unresolved in the state budget." The budgets unveiled by the Governor and the Legislature are some $500 million apart in their spending proposals for the fiscal year beginning July 1. Lawmakers propose to set aside $200 million for debt reduction and another $250 million for a rainy day fund (in anticipation of the expiration of the temporary one-cent sales tax in 2013 and higher federal healthcare costs). At th e same time, the Governor proposes additional spending for school maintenance and construction, reading programs, services for the seriously mentally ill, private prison beds and child welfare programs. Most legislative activity during the past week involved the consideration of bills that had already passed their houses of origin. In other words, the Senate voted mostly on House bills previously approved by the House and vice versa. The Legislature has also entered the season of conference committees. After a bill has passed one chamber and is later amended and passed by the second chamber, the original chamber can concur with or refuse the changes. If the chamber concurs, then the bill proceeds to its final passage vote in its original chamber. If the chamber refuses, the bill goes to a conference committee where differences in the House and Senate versions of the bill are reconciled, and a conference agreement is produced. Conference agreements must then be passed by both chambers before proceeding to the governor for signature or veto. Consolidated elections On Wednesday, April 4, the Senate defeated HB 2826 (consolidated election dates; political subdivisions) by a vote of 11-17. The original bill, which previously passed the House despite the League's opposition, mandates that, with very narrow exceptions, all municipal elections must be held in the fall of even-numbered years. Before its defeat on third reading, the bill was amended in the Senate Committee of the Whole to address various technical issues. The League, however, remains opposed to the bill as amended 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. On Thursday, April 5, the Senate approved the motion of Senator Andy Biggs (R-Gilbert) to reconsider HB 2826. Accordingly, League of Arizona Cities and Towns - Legislative Bulletinhttp://www.leagueaz.org/bulletin/12/120406/index.cfm?a=print 1 of 6 4/10/2012 6:43 AM the bill could be scheduled for a revote in the Senate anytime prior to adjournment sine die. The League thanks those senators who voted "no" on HB 2826. Furthermore, we encourage cities and towns to contact their senators to: 1) thank them for rejecting this bill; 2) restate how important it is for municipalities to retain their limited flexibility with respect to election dates; and 3) request that senators continue to oppose HB 2826 on reconsideration. Council procedures HB 2570 (political subdivisions; proceedings; governing bodies) 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 measure was scheduled for consideration by the Senate Committee of the Whole on Monday, April 2, but was retained while stakeholders worked on a compromise agreement. HB 2570 has been rescheduled for the Committee of the Whole on Monday, April 9. In the meantime, the League continues to work with the sponsor, Rep. Justin Olson (R-Mesa), and other interested parties to effect additional changes to the legislation. Firearms On Tuesday, April 3, the Senate Committee of the Whole considered and passed HB 2729 (state regulation of firearms). The bill, opposed by the League, requires governmental entities to permit guns into public establishments, unless armed personnel and metal detection equipment are installed at the entrances to such establishments. The measure, sponsored by Rep. David Gowan (R-Sierra Vista), further preempts municipalities from having firearms ordinances stricter than state law. The bill now proceeds to its third reading in the Senate. Pension reform On Monday, April 2, the Senate Rules Committee approved HB 2745 (NOW: PSPRS; employer contributions). The bill changes the Alternate Contribution Rate (ACR) requirements of the Public Safety Personnel Retirement System (PSPRS). The change would preclude an employer from paying the PSPRS ACR on a PSPRS-eligible position if the person hired to fill that position: 1) was hired before the effective date of last year's pension reform bill; 2) previously retired from PSPRS; and 3) is enrolled in another state retirement system. The League supports the bill, which will result in cost savings for some of Arizona's cities and towns. The legislation, which previously passed the House by a vote of 58-0, now proceeds to the Senate Committee of the Whole for further consideration. Animal cruelty On Thursday, April 4, the Senate passed HB 2780 (animal cruelty; ranching dogs) by a vote of 16-13. The bill provides an exemption from animal cruelty statutes with respect to dogs involved in ranching and farming activities. An amendment previously adopted by the Committee of the Whole narrows the exemption considerably. Nevertheless, the League opposes the bill because it specifically preempts municipal ordinances involving abuse of ranching dogs. The bill returns to the House, which can concur with or reject the bill as amended by the Senate. If approved, the bill moves to the Governor for her signature or veto. If rejected, a conference committee will be appointed to reconcile differences between the House and Senate versions of the bill. Alarm installation On Tuesday, April 3, the Senate passed HB 2748 (NOW: alarm business; alarm agent; certification) by a vote of 21-7. 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 amended measure returned to the House, where the sponsor chose League of Arizona Cities and Towns - Legislative Bulletinhttp://www.leagueaz.org/bulletin/12/120406/index.cfm?a=print 2 of 6 4/10/2012 6:43 AM to send the bill to a conference committee to make additional changes. On Thursday, April 4, the House appointed members to the conference committee; Senate appointments to the committee are pending. Public works notification On Tuesday, April 3, the Senate unanimously approved HB 2350 (NOW: cities; counties; regulations). The measure requires a municipality to post its capital improvement plan (CIP) on its website. Also under the legislation, a utility is entitled to receive, upon request, copies of the CIP, along with information on any new or accelerated projects. The League is neutral on the bill, which now awaits action by the Governor. Sales tax collection On Thursday, April 5, the Senate Committee of the Whole considered and passed HB 2466 (NOW: payment; local sales tax). The bill, which provides for the creation of an online portal for the direct remittance of taxes by taxpayers in self-collecting cities, was amended to clarify the role of the Department of Administration with respect to vendor procurement. The bill, which previously passed the House by a vote of 56-0, now proceeds to its third reading in the Senate. Spirituous liquors On Thursday, April 5, the Senate passed HB 2606 (NOW: liquor; omnibus) by a vote of 24-5 on reconsideration. (The measure passed the House last month by a vote of 47-9.) 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). Because the bill was amended in the Senate, it must now return to the House for the sponsor to concur with or refuse the Senate changes. Traffic control On Tuesday, April 3, the Senate passed HB 2557 (NOW: intersection; definition) by a vote of 17-12. The bill redefines the definition of "intersection" in the transportation statutes to make it more difficult to cite drivers for red light violations. The bill, which arose as a strike-everything amendment in the Senate, now returns to the House for the sponsor to concur with or refuse the changes made by the striker. Political signs On Tuesday, April 3, the House passed SB 1200 (political signs; hazardous locations) by a vote of 33-25. 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 bill next proceeds to the Governor for her signature or veto. Emergency response On Tuesday, April 3, the Senate passed HB 2094 (prepaid wireless E911 excise tax) by a vote of 20-9. The bill was signed into law by Governor Brewer two days later on Thursday, April 5. The legislation, 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 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. Revenue allocation districts On Monday, April 2, the Senate Rules Committee passed HB 2469 (revenue allocation districts). The bill was discussed by both Senate caucuses that same day. The measure, sponsored by Rep. Rick Gray (R-Sun City), authorizes municipalities to form League of Arizona Cities and Towns - Legislative Bulletinhttp://www.leagueaz.org/bulletin/12/120406/index.cfm?a=print 3 of 6 4/10/2012 6:43 AM Revenue Allocation Districts, which can pledge increases in both property tax and sales tax revenue to secure bonds issued to benefit the district. The League supports the measure, which previously passed the House by a vote of 44-13 and now heads to the Senate Committee of the Whole for further consideration. Government deposits On Wednesday, March 21, the Governor signed into law SB 1135 (government deposits). The bill, supported by the League and sponsored by Senator John McComish (R-Phoenix), had previously passed both the House and Senate by unanimous votes. The new law 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. Legislator profile - Senator Robert Meza The B-2 Spirit, commonly known as the Stealth Bomber, is an American aircraft featuring stealth technology designed for penetrating dense defenses. It is able to deploy both conventional and unconventional weapons. The plane's "low observable" or "stealth" technology empowers it with the capability to penetrate an enemy's most sophisticated defenses to attack its most heavily defended targets. The bomber's stealth is largely derived from its reduced radar signature, making it difficult for opposition defenses to detect, track and engage the aircraft. The aircraft is sophisticated, sleek and effective. This brief description of the B-2 also applies to a secret weapon in the Democratic caucus of the Arizona Senate. Meet Robert Meza, Arizona's very own stealth legislator. Unlike many of his colleagues, Senator Meza, a third-generation Arizonan representing Glendale and Phoenix, affirmatively shuns the spotlight. He prefers to operate largely behind the scenes and underneath the radar. "The Catholic nuns of my youth advised us to do good deeds but not become braggadocios," remembers Meza. "I learned that you can be a person of great action and accomplishment without the need for accolades or the limelight." He credits his powers of stealth for having helped engineer a number of legislative accomplishments, candidate victories and redistricting successes. With respect to many of these efforts, his involvement remains unknown to the public and his colleagues. Meza wears results-producing anonymity as something of a badge of honor. Meza's ascension to the Senate was made possible, in the first instance, by the migration of his forebears from Guadalajara to Arizona circa 1896. They came both to pursue opportunities in the United States and to escape civil war in Mexico. His ancestors were mostly laborers, miners and field workers. By the time Robert was born in St. Joseph's Hospital in Phoenix, his mother's side of the family had become highly educated and accomplished. Meza counts among his uncles a physicist, chemist and architect. His father, who hailed from a blue collar family, was a unionized sheet metal worker. The marriage produced three children, including Meza's older sister, Liz, and his younger brother, Michael. Determined to give their children every opportunity for a good education and rich life, the Mezas were the first Latino family to move into an otherwise all-Caucasian neighborhood. As a youth in the Alahambra Elementary School District, Meza was a soccer enthusiast, a gifted student and a mean trombone player. He went on to attend Bourgade Catholic High School in Phoenix. At Bourgade, Meza was captain of the track and tennis teams. League of Arizona Cities and Towns - Legislative Bulletinhttp://www.leagueaz.org/bulletin/12/120406/index.cfm?a=print 4 of 6 4/10/2012 6:43 AM Following high school, Meza was strongly considering college in California - either UCLA or Berkeley. He was heavily recruited by Notre Dame, however, so he went to South Bend to have a look. Visiting the campus, peopled by approximately 7,000 students, Meza was struck by its unusual warmth and beauty. He was captivated by the Golden Dome of the Virgin Mary, two campus lakes, the school's rich football tradition and the excitement of dormitory life. Meza chose to associate with the Fighting Irish and dove headlong into the Notre Dame experience without so much as a trace of homesickness. "My parents had prepared me to be on my own," he gratefully recollects. "I had been exposed to many cultures and environments. We traveled a great deal as a family, and I had been to band camp and traveled with an interscholastic track team. I was where I was supposed to be - a traditional coeducational Catholic school - and I embraced the experience." The young Meza found that there was no shortage of spiritual advisors or advice at Notre Dame. He regards Father John Jenkins, the 17th president of the university, as a "spiritual powerhouse." Meza admires how Jenkins demands that students take ownership of the school. "He admonishes students that they are not guests at Notre Dame," Meza says. "Once a student walks onto campus, he owns that school." Taking stock of Meza's leadership qualities and his ability to bring people together, the fathers of Notre Dame recommended to Meza that he enter politics. Though he eventually took that advice, Meza regrets that he failed to heed another suggestion of his advisors. "They thought that I should study in South America," Meza recalls. "I went to Chile two years ago, and I immediately realized that I should have gone as a student. I was blown away by the country's majestic beauty, rich vineyards, and amazing people. I even had the opportunity to go horseback riding in the Andes with Pinochet's grandson." Upon graduation from college, Meza was offered a lucrative post with a bank in Chicago. He chose to repatriate to Arizona instead. Of 200 applicants for a position at First Interstate Bank, he was ranked number two. He took a job as a commercial lender for the bank and proceeded to master negotiating skills and the art of risk assessment. The bank was, he observes, a great training ground for politics. Meza left First Interstate in 1994 and immersed himself in Arizona politics, working on Sam Coppersmith's U.S. Senate campaign as the volunteer coordinator. Following Coppersmith's loss to Jon Kyl, Meza went to work as a fundraiser for the Muscular Dystrophy Association, where he shattered fundraising records for the organization. From MDA, he took his talents to the Phoenix Little Theater, where he doubled the amount of donations to the theater in less than three years. After his stint with PLT, he subcontracted as a professional fundraiser with various non-profit groups, and he made more time for politics. Showing great leadership potential since his early youth, Meza served as his class president throughout elementary school, the treasurer of his high school and president of his dormitory in college. Consequently, when he was encouraged to run for a seat in the House in 2002, he was well-prepared. Having never lost an election, he began his first legislative campaign as the decided underdog. Emerging from the Democratic primary with 700 more votes than a friend who was also running, Meza earned a seat alongside Debbie McCune Davis, who moved to the Senate in 2006. In 2010, Senator McCune Davis and Representative Meza switched legislative seats and accompanying titles. Having served on both sides of the Capitol plaza, Meza confesses that he prefers the upper chamber. "It is less complicated in the Senate. There's less havoc, and you can get more done." A fierce advocate for local government authority, Meza believes that legislative interference in municipal affairs is unwarranted. "The State should stay out of city and town affairs," he explains. "Great cities cannot be micromanaged. To become a premier city, a municipality needs authority, flexibility and maneuverability. If we keep going after cities, we'll end up destroying them." With a quick wit, piercing eyes and curious mind, Meza engages people with penetrating intensity. He is a pronounced spiritualist and keen student of human nature. Presently, he is completing the process of conversion to Judaism. "I have always identified with the Jewish people," he explains. "Persecuted and abused, they are ever creating new paradigms - often having to operate below the radar." League of Arizona Cities and Towns - Legislative Bulletinhttp://www.leagueaz.org/bulletin/12/120406/index.cfm?a=print 5 of 6 4/10/2012 6:43 AM Senator Meza did recently abandon his stealthy ways as a competitor in the annual "Dancing with the Stars" fundraiser of the Arizona Kidney Foundation. The athletic Meza (a committed tennis playing, weightlifting cyclist) tripped the light fantastic all the way to first place in the gentleman's division. Moreover, he raised $47,000 for the foundation. Endowed with a sixth sense that serves him well, Meza apprehends that enormous universal shifts are underway. "Karma is moving in a better direction," he observes. He opines that positive energy is slowly and quietly pervading the third rock from the sun - perhaps in much the same way that the subtle influence of Arizona's stealth senator is taking root in Meza's own beloved state and community. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. League of Arizona Cities and Towns - Legislative Bulletinhttp://www.leagueaz.org/bulletin/12/120406/index.cfm?a=print 6 of 6 4/10/2012 6:43 AM