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HomeMy WebLinkAbout2004.0413.TCWSM.Packet`W o � a o 4 that is Axe NOTICE OF THE WORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Rick Melendez Councilwoman Kathleen Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: TUESDAY, APRIL 13, 2004 TIME: 5:00 P.M. — 7:00 P.M. WHERE: COMMUNITY CENTER 13001 N. LA MONTANA DR. (BALLROOM #1) CALL TO ORDER AND ROLL CALL— Mayor Nichols ALL ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. 5 - 5:30 pm 1.) UPDATE on the status of CIVIC CENTER PHASE II. 5:30-7pm 2.) DISCUSSION with possible direction to staff on how to proceed with the PROPOSITION 202 FUNDING POLICY. 3.) ADJOURNMENT. DATES OF INTEREST Scheduled work study dates/topics through June, 2004: May 11, 2004 — Presentation of the Civic Center Phase II project schematic design. June 8, 2004 — Discussion of ho,,� to proceed with dev lopment of a permanent sign proposal. DATED this P day of April, 2004 Bevelyn J. Bqgder,,own Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to attend this meeting or to �.)tain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda *%W,re available for review in the Clerk's office. EAC1erk\AGENDAS\WS\2004\Work Session 4-13-04.doc Page 1 of 1 Last printed 4/9/2004 3:57 PM TOWN OF FOUNTAIN HILLS Office of Town Manager INTER OFFICE MEMO TO: The Honorable Mayor Nichols and DT: April 9, 2004 Council FR: Tim Pickering, Town Manager /� RE: Proposition 202 follow up and workshop agenda At the March 4th Council meeting, the Council decided to hold a workshop to discuss the Town's proposition 202 draft policy. At least five significant questions arose from the Council discussion: 1) the lack of the Town Council decision making in this area; 2) the possibility of additional priorities other than the three mentioned in the March 9th draft policy; 3) a change in the order of priorities; 4) the ability to apply for funds from additional tribes and 5) excluding groups in Town. I have tried to address number 1, 2 and 4 in the draft policy attached by allowing the Council to process all grant applications, adding preferred uses of funds, and allowing application to all Indian Communities. See changes outlined in April 9th draft. Also included in your packet are Council emails with differing views on the use of the funds, the actual statute, and the Town Attorney's October 10, 2003, memo on the subject. On a different subject, our Civic Center phase II architects will be on hand for a 30 minute update on the building at our workshop on Tuesday. Should you have any questions on either subject, please do not hesitate to contact me. I look forward to seeing you on Tuesday night from 5 to 7 at the Community Center. C: Andrew McGuire, Town Attorney TpickeringAgp/my documents/propMfollowup.doc 01 TOWN OF FOUNTAIN HILLS, ARIZONA POLICY AND PROCEDURES FOR PROPOSITION 202 FUNDING In order to secure for the Town of Fountain Hills, Arizona (the "Town") the benefits of the Indian Self Reliance Initiative ("Prop. 202") passed by the Arizona voters in the 2002 state general election and codified in ARiz. REV. STAT. § 5-601.02, and to promote the best interests of the Town, the following Policy and Procedures for Prop. 202 Funding (this "Policy") is hereby adopted by the Mayor and Council of the Town (the "Town Council"). Under ARiz. REV. STAT. § 5-601.02, Prop. 202 funds may be solicited by cities, towns and counties from Arizona Indian Tribes for government services that benefit the general public, including (i) public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of commerce and economic development. Because the legislation requires that the funds be solicited by a municipality or county, the Town has been approached by various entities requesting that Prop. 202 funds be procured on their behalf. Accordingly, the Town Council has established the following Policy to create a uniform proposal process for such entities. ARTICLE 1. General Policies 1.1 Qualified Entities. The Town will only accept and process proposals for Prop. 202 Funds made by itself or by Town -based, non-profit organizations ("Qualified Entities"). Qualified Entities may submit such proposals to the Town, requesting funds from either- Fati MeDowell Y. ayapai Nation ("Ft. MeDewell") or the Salt River Pima Mafieopa indian ftatin Qualified Entities r-equesting Pfop. 202 funds ffom any other Afizona indian Tfibe, n Indian Communities, however, the Town will not process proposals that are submitted to Ft. M,,,-,, well of Salt n;.,,,, Pita Indian Communities prior to being submitted to the Town. Moreover, the Town shall not be a conduit for distribution of funds unless proposals for funding have been approved by the Town prior to submission to Indian Communities. 1.2 Discretion Retained by Town Nfffntwef Council. The decision to process a Qualified Entity's proposal shall be retained by the Town 4�W Council, or hi-s their designee, subject to the application of sections 1.3 and 1.4 of this Article. 1.3 Town as Applicant. If, in any given quarter, the Town submits a proposal for Prop. 202 funds from eithef Ft. MDaweil of SaitRivef-Dim a, it an Indian Community, the Town will not process proposals from Qualified Entities for that particular quarter if the applicant is requesting funds from the same tribe as the Town. Such Qualified Entities may request that the Town hold their proposals for processing in a future quarter in which the Town is not an applicant. 1.4 Preferred Fund Use Schedule. Where multiple Qualified Entities have submitted proposals for Prop. 202 funds for the same quarter from the same tribe, the proposals shall be processed in accordance with the following schedule of preferred fund uses: a. Public safety; b. Mitigation of impacts of gaming (i.e. education, social services and health care); C. Promotion of commerce and economic development (i.e., transportation and tourism). d. Other Town offered governmental services as determined by the Council. 1.5 Reimbursement for Costs. All costs incurred by the Town in connection with (i) the administration of a proposal submission and (ii) the distribution of Prop. 202 funds shall be subtracted from the total amount of Prop. 202 funds awarded, if any, to the Town on behalf of the Qualified Entity. Such costs may include, but are not limited to (i) staff time spent processing the application and any resulting final report, (ii) auditing fees and (iii) legal fees incurred in the preparation of a resolution, intergovernmental agreement and any other legal document associated with transferring the Prop. 202 funds to the Qualified Entity. 1.6 Funds Budgeted by Town. If the Qualified Entity receives Prop. 202 funds, the distribution of those funds will not be used to supplant funding, if any, budgeted by the Town for distribution to that entity in the applicable fiscal year. Accordingly, receipt of Prop 202 funds shall eliminate a Qualified Entity from receiving Town funds in the following fiscal year. 1.7 Final Report. Any Qualified Entity receiving Prop. 202 funds shall submit to the Town, no less than 30 days prior to the end of the fiscal year in which the funds were disbursed, a final and complete report detailing how the funds were actually spent. N'kw 1.8 Modification. The Town Council may modify this Policy from time to time. ARTICLE 2. Proposal Requirements 2.1 Deadline to Apply. All proposals for Prop. 202 funds shall be submitted to the Town Clerk no less than 60 days prior to the deadline for such proposals as determined by the respective tribes for that particular quarter. 2.2 Proposal Content. The proposal shall, at a minimum, contain the following information: a. Qualified Entity Information. The Qualified Entity shall provide a general description of itself, including its corporate and organizational structure. This description should also include the names of all officers and/or corporate directors directly related to or associated with the proposed administration of the Prop. 202 funds. b. Applicant Contact. The Qualified Entity shall provide the name, address, phone number, facsimile, email and other relevant information for the primary contact for the Qualified Entity. 9196.001\Prop. 202 policy.v1doc 2 4-9-04-1 OM C. Detailed Description. The Qualified Entity shall provide a detailed description of the manner in which the Prop. 202 funds, if awarded, will be used. This description should also include a statement of how the proposed use of the funds meets one or more of the purposes set forth in Section 1.4 above. d. Estimated Costs. The Qualified Entity shall indicate the dollar amount being requested from the tribe including a detailed budget. Additionally, the Qualified Entity should provide any supporting documentation demonstrating that the amount requested is directly related to the use proposed. e. Information Requested by the Tribe. In the event that the tribe has issued a solicitation of proposals that requests information not specifically required by this Article, the proposals must include that information as well. 2.3 Incomplete Proposals. Incomplete proposals will not be processed. 9196.001\Prop. 202 policy.vldoc 3 4-9-04-1 Page 1 of 1 Pickering, Tim From: Ralphe, Susan Sent: Monday, March 08, 2004 5:04 PM To: Pickering, Tim Cc: Nichols, Wally; Nicola, Kathleen; Stevens, Leesa; Melendez, Rick; Kavanagh, John; Archambault, Michael; Ralphe, Susan Subject: Fwd: 202 policy Hello, Tim, An alternate perspective -- which I suggest -- would give very high priority to Town requests for 202 monies. The intent of this legislation is to funnel dollars back into municipal governments because of expenses related to Indian -gaming expenses. The Town's responsibility is to seek revenues for essential and non -essential Town services, not those provided by non-profit organizations, and our 202 policy must reflect that legally mandated responsibility. All Prop 202 requests should come before the Council; otherwise the Council would be giving away powers entrusted to it by voters. We don't want to let small amounts of money trickle through our fingers, unnoticed by taxpayers paying the tab and almost unnoticed by the Council. It's desirable to make this a very public process. Respectfully, Susan 4/9/2004 Page 1 of 1 Pickering, Tim From: Nichols, Wally Sent: Monday, March 08, 2004 11:43 AM To: Pickering, Tim Cc: Mayor & Town Council Subject: 202 policy hi tim, i ahve been thinking about the 202 policy for the last 3 days. i have some rambling thoughts that i want to pass on to you and the council. no particular order just some ramblings. 1. would like to be as inclusive as possible as far as recipients are concerned. 2. would also like to be as inclusive as possible from funding sources. canvas all gaming tribes. 3. prepare a list of qualified recipients when annual budget is created. 4. this list should include groups like FHUSD, senior center, theater, boys and girls club, tourism, posse, etc. 5. the town manager would be authorized to submit requests from these groups on his own authority if they are below $20k. 6. these requests should be submitted every quarter until funded or rejected. 7. if the request exceeds $20k then it would be submitted to the council for approval. 8. if a group not on the authorized list requests funding they would be sumitted to the council for approval. 9. town requests in excess of $20k would require council approval. 10. it would be up to the gaming tribe to look at our quarterly submissions to determine priority and funding. 11. if a group doesn't make our qualified list they wouldn't be prevented from applying directly to the gaming tribe for funds but fh would not be the receiver of these funds and pass them on to that group. 12. quarterly prepare a report for the council listing the groups and funds that have been requested and/or granted. hopefully this will keep the council in the loop for qualifying the groups and major funding requests. it lets the town manager have the ability to process minor requests as they come along. reporting would include minor and major requests so the council has knowledge of all activity. the dollar amounts i mentioned are just to highlite the concept and they would be finalized when the policy is presented and discussed by council hope these random thoughts help to move this subject along. wally 4/9/2004 5-601.02 - New standard form of tribal state gaming compact; effects Page 1 of 32 5-601.02. New standard form of tribal-state_gaming compact effects (Caution: 1998 Prop. 105 applies) A. Notwithstanding any other law, within 30 days after receipt of a timely written request by the governing body of an Indian tribe, the state, through the governor, shall enter into the new standard form of tribal -state gaming compact with the requesting Indian tribe by executing the new compact and forwarding it to the United States department of the interior for any required approval. B. The state, through the governor, may only enter into a new compact with an Indian tribe with a pre- existing compact if the Indian tribe requests a new compact pursuant to subsection A during the first 30 days after the effective date of this section. The state, through the governor, shall serve a timely notice of nonrenewal of a pre-existing compact on any Indian tribe that does not request a new compact during the first 30 days after the effective date of this section. Any Indian tribe without a pre-existing compact on the effective date of this section may request a new compact at any time. C. Notwithstanding any other law, an Indian tribe may conduct the following forms of gambling as regulated gambling, as defined in section 13-3301, if the gambling is conducted in accordance with the terms of a tribal -state gaming compact: gaming devices, keno, offtrack pari-mutuel wagering, pari- mutuel wagering on horse racing, pari-mutuel wagering on dog racing, blackjack, poker (including jackpot poker), and lottery. D. The department of gaming shall administer and carry out its responsibilities under the procedures for the transfer and pooling of unused gaming device allocations described in section 3(d) of the new compact. E. The state, through the governor, is authorized to negotiate and enter into amendments to new compacts that are consistent with this chapter and with the policies of the Indian gaming regulatory act. F. At the request of any Indian tribe for which paragraph 6 of subsection I does not specify a possible additional devices allocation, the state, through the governor, shall negotiate with the Indian tribe for a possible additional devices allocation. This allocation shall not be less than the smallest or greater than the largest possible additional devices allocation provided to an Indian tribe with an equal number of devices in the current device allocation column set forth in the new compact. At the option of the Indian tribe, the possible additional devices allocation shall be included in either the Indian tribe's new compact or an amendment to such new compact. G. The authority and obligations of the state, through the governor, to negotiate additional compact terms pursuant to subsections E and F are independent of and separate from the obligations of the state pursuant to subsection A, and shall not constitute grounds for any delay by the state in carrying out its obligations to execute and forward new compacts to the United States department of the interior as required in subsection A. H. The Arizona benefits fund is established consisting of monies paid to the state by Indian tribes pursuant to section 12(c) of new compacts and interest earned on those monies. An Indian tribe with a new compact satisfies the requirements of subsection F of section 5-601. Tribal contributions paid to the state pursuant to a new compact shall be deposited in the Arizona benefits fund, not the permanent tribal -state compact fund pursuant to subsection G of section 5-601. The department of gaming shall administer the Arizona benefits fund. The department of gaming shall http://www.azleg.state.az.us/ars/5/00601-02.htm 4/9/2004 5-601.02 - New standard form of tribal state gaming compact; effects Page 2 of 32 make an annual report to the governor, the president of the senate, the speaker of the house of representatives and each Indian tribe with a new compact within 90 days after the end of the state's fiscal year. This report shall be separate from any other report of the department of gaming. The report shall include a statement of aggregate gross gaming revenue for all Indian tribes, aggregate revenues deposited in the Arizona benefits fund, including interest thereon, expenditures made from the Arizona benefits fund, and aggregate amounts contributed by all Indian tribes to cities, towns and counties pursuant to paragraph 4 of this subsection. The department of gaming shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records. 2. Except for monies expended by the department of gaming as provided in subdivision (a) of paragraph 3 of this subsection, which shall be subject to appropriation, the Arizona benefits fund is not subject to appropriation, and expenditures from the fund are not subject to outside approval notwithstanding any statutory provision to the contrary. Monies paid to the state by Indian tribes pursuant to a new compact shall be deposited directly with the Arizona benefits fund. On notice from the department of gaming, the state treasurer shall invest and divest monies in the Arizona benefits fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the Arizona benefits fund shall be expended only as provided in paragraph 3 of this subsection, and shall not revert to any other fund, including the state general fund. Monies in the Arizona benefits fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. 3. Monies in the Arizona benefits fund, including all investment earnings, shall be allocated as follows: (a)(i) Eight million dollars or nine percent, whichever is greater, shall be used for reimbursement of administrative and regulatory expenses, including expenses for development of and access to any online electronic game management systems and for law enforcement activities incurred by the department of gaming pursuant to this chapter. Any monies that are allocated pursuant to this subsection 3(a) that are not appropriated to the department of gaming shall be deposited in the instructional improvement fund established by section 15-978. (ii) Two percent shall be used by the department of gaming to fund state and local programs for the prevention and treatment of, and education concerning, problem gambling. (b) Of the monies in the Arizona benefits fund that are not allocated pursuant to subdivision (a): (i) Fifty-six percent shall be deposited in the instructional improvement fund established by section 15- 978 for use by school districts for classroom size reduction, teacher salary increases, dropout prevention programs, and instructional improvement programs. (ii) Twenty-eight percent shall be deposited in the trauma and emergency services fund established by section 36-2903.07. (iii) Eight percent shall be deposited in the Arizona wildlife conservation fund established by section 17- 299. (iv) Eight percent shall be deposited in the tourism fund account established by paragraph 4 of subsection A of section 41-2306 for statewide tourism promotion. 4. In addition to monies contributed to the Arizona benefits fund, twelve percent of tribal contributions pursuant to new compacts shall be contributed by Indian tribes to cities, towns and counties as defined in title 11, Arizona Revised Statutes, for government services that benefit the general public, including http://www.azleg.state.az.us/ars/5/00601-02.htm 4/9/2004 5-601.02 - New standard form of tribal state gaming compact; effects Page 3 of 32 _J public safety, mitigation of impacts of gaming, and promotion of commerce and economic development. (a) An Indian tribe may distribute such funds directly to cities, towns and counties for these purposes. The amount of monies so distributed by each Indian tribe shall be reported to the department of gaming in the quarterly report required by the new compact. �-7 (b) Any monies comprising the twelve percent not so distributed by an Indian tribe shall be deposited in the commerce and economic development commission local communities fund established by section 41-1505.12 for grants to cities, towns and counties. 5. The deposit of monies required by subdivision (b) of paragraph 3 of this subsection shall be made on a quarterly basis, or more frequently if practicable. I. For the purposes of this section: 1. "Gaming devices" means gaming devices as defined in subdivision (b)(i) of paragraph 6 of this subsection. 2. "Indian gaming regulatory act" means the Indian gaming regulatory act of 1988 (P.L. 100-497; 102 Stat. 2467; 25 United States Code sections 2701 through 2721 and 18 United States Code sections 1166 through 1168). 3. "Indian lands" means lands as defined in 25 United States Code section 2703(4)(a) and (b), subject to the provisions of 25 United States Code section 2719. 4. "Indian tribe" means: (a) The Cocopah Indian tribe. (b) The Fort Mojave Indian tribe. (c) The Quechan tribe. (d) The Tonto Apache tribe. (e) The Yavapai-Apache nation. (f) The Yavapai -Prescott Indian tribe. (g) The Colorado River Indian tribes. (h) The San Carlos Apache tribe. (i) The White Mountain Apache tribe. 0) The Ak-Chin Indian community. (k) The Fort Mcdowell Yavapai nation. (1) The Salt River Pima-Maricopa Indian community. http://www.azleg.state.az.us/ars/5/00601-02.htm 4/9/2004 JORDEN BISCHOFF MCGUIRE & ROSE P.L.C. LAW OFFICES MEMORANDUM TO: Mayor and Town Council Town Manager FROM: Andrew J. McGuire Town Attorney DATE: October 10, 2003 SUBJECT: Proposition 202 Funding 7272 E. INDIAN SCHOOL ROAD, SUITE 205 SCOTTSDALE, ARIZONA 85251 TELEPHONE: 480-505-3900 FACSIMILE: 480-505-3901 ANDREW J. MCGUIRE DIRECT LINE: 480-505-3905 e-mail: amcguire@jordenbischoff.com The Town has been requested by a number of agencies and nonprofit groups to act as a conduit for funding under Proposition 202. In order to process these requests, it is important for the staff to receive policy direction from the Town Council with respect to the role that the Town will play in the process. Set forth below are very brief descriptions of the two courses of action we believe are available: 1. Town as a Conduit. Under this method, the Town would merely act as the funnel through which all requests would be funded. Entities would submit requests directly to the Indian communities and would execute funding agreements with the Indian communities setting forth the conditions upon the use of the funds. Under this method, the Town would enter into one or more intergovernmental agreements with the Indian communities setting forth the limited nature of the Town's role. Such an agreement would provide that (i) the respective communities be solely responsible for the determination of whether an application was appropriate under the applicable state law and (ii) the respective communities indemnify the Town for any claims arising out of such determination. An IGA in this "conduit" format is before you for consideration at your October 16, 2003, Regular Town Council Meeting. This IGA is in essentially the same form as the one previously entered into by the Salt River Pima-Maricopa Indian Community and the City of Tucson. 2. Town as Gatekeeper. Under this method, the Town would act as a filter to analyze and prioritize the requests for funding. As you all know, the Proposition 202 statutory provisions are very new, and there is no direct authority for the Town to act in the gatekeeper capacity. However, the specific language of the statute authorizes "[d]istributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of impacts of gambling, or promotion of commerce or economic development". I Mayor and Town Council Town Manager (, Proposition 202 Policy October 10, 2003 Page 2 believe the "government services" language may give rise to the implicit power of the Town to regulate the application process. If the Town were to assume the regulatory role, it would be in the position to make the determination of whether each application is appropriate under the statutes. However, a necessary counterpart to the ability to regulate is the promulgation of a set of objective criteria for evaluating applications. We have not solicited the input of the Indian communities with respect to this "gatekeeper" idea. Because the Town will be facilitating the Proposition 202 funding process through the Town's books, it will be necessary under either method to develop policies with respect to accounting procedures to be applied to such funds. Likewise, staff will need direction as to whether the Town Council desires to implement administrative fees for the staff time required to facilitate the process, whether the Town is acting as a conduit or a gatekeeper. Staff has been in contact with representatives from both Phoenix and Mesa to coordinate the effort of developing a uniform policy for Proposition 202 funds. However, prior to proceeding with the steps necessary to jointly develop the administrative mechanism for Proposition 202 funding, it is imperative that staff receive your policy direction with respect to the role the Town will play in the process. 9196.004\Pmp. 202.memdoc 10-10-03-1