Loading...
HomeMy WebLinkAbout2012 06.05 City Council Regular Agenda PLEASE FILL OUT A"RE''llik-ST TO SPEAK"FORM IF YOU WISH TO ADDS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARIN, .EM rphCkE✓G O n City of Apache Junction z Home of Me Superstition Mountains 4Prz010' APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA June 5, 2012 7:00 PM A. CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c ROLL CALL. D. CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include,but are not limited to,acceptance of agenda, acceptance of minutes, appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting.Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of May 15, 2012 3. Consideration of Resolution No. 12-21,authorizing the submission of a Round 19 Transportation Enhancement grant application for enhancements to the Apache Trail from Rennick to Ironwood Drive. ,r. During its April 30,2012 work session,the city council concurred with staff's recommendation to submit a local grant application for an enhancement project on Apache Trail from Rennick to Ironwood Drive Resolution No 12-21 is a mandated portion of the grant application The resolution authorizes the submission of the grant application and commits the city to a cash match, review fee, reimbursement of Arizona Department of Transportation expenses,and all cost overruns for the project. If the resolution is adopted on June 5,2012, staff will add a certificated copy of the resolution to the applications submitted on May 29,2012 4 Consideration of Resolution No 12-20, authorizing the submission of a Fiscal Year(FY)2012-2013 grant application to the Gila River Indian Community for funding for the Parks and Recreation Department's Fit Family Program. Staff respectfully requests that the city council adopts Resolution No 12-20 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding The Parks and Recreation Department is requesting permission from the city council to submit the Fit Families Program for funding 5. Consideration of Resolution No. 12-19, authorizing the submission of a Fiscal Year(FY)2012-2013 grant application to the Gila River Indian Community for funding for The Center's Health Careers Initiative Program. Staff respectfully requests that the city council adopts Resolution No 12-19 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding The center is requesting sponsorship by the city council to submit the Health Careers Initiative Program for funding 6 Consideration of Resolution No 12-17,authorizing the submission of a Fiscal Year(FY)2012-2013 grant application to the Gila River Indian Community for funding for the East Valley Adult Resources' Meals While You Heal Program. Staff respectfully requests that the city council adopts Resolution No 12-17 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding East Valley Adult Resources is requesting sponsorship by the city council to submit the Meals While You Heal Program for funding 7 Consideration of Resolution '"`12-16, authorizing the City of Apache Ju''3n to enter into an amended and restated intergovernmental ay ..ement to plan, construct, operate,maintain and finance the Topaz Regional Wireless Cooperative(TRWC) Network On August 7,2008,the city entered into an intergovernmental agreement with several local agencies for the establishment and operation of the TRWC Network The purpose of the TRWC is to pool common resources to improve communications and operations among participating public safety and public service agencies Due to new membership approval protocol,TRWC is requiring that each participating agency adopt and enter into an amended and restated intergovernmental agreement Resolution No 12-16 authorizes the city to enter into such agreement E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations, proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 8 PRESENTATION OF THE CITIZEN OF THE YEAR AWARD BY MAYOR INSALACO AND SPONSORED BY THE APACHE JUNCTION NEWS POSTHUMOUSLY TO GARY MULHOLLAND.THE AWARD WILL BE ACCEPTED BY SUSIE MULHOLLAND Mayor Insalaco will present the Citizen of the Year award posthumously to Gary Mulholland The award will be accepted by Susie Mulholland F ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G. CITY MANAGER'S REPORT. The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City.There shall however be no discussion at this time except for clarification inquiries 9. MANAGER'S REPORT. H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council 10. PROPOSED RESOLUTION NO 12-22, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES," REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. 11 PROPOSED ORDINANCE NO. 1383, ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY I OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None J. NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk 12 ACCEPTANCE OF RESIGNATION OF CLARK SMITHSON SELECTION OF APPLICANT TO FILL VACANCY CREATED BY THE RESIGNATION OF CLARK SMITHSON OR DIRECTION TO STAFF ON PROCESS FOR FILLING THE VACANCY. This item was discussed at the June 4 work session Council must first accept the resignation of Clark Smithson and can then fill the vacancy using applicants from the most recent process or direct staff to pursue some other options K COUNCIL DIRECTION TO STAFF. This item allows the Mayor and Ci,""k)uncil to direct staff on specifically listed matterr 13. DIRECTION TO STAFF ON RESOLUTIONS TO BE SUBMITTED AND/OR CO-SPONSORED TO THE 2012 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS Council discussed the process and options for resolutions at the June 4 work session This allows council to direct staff on the filing and/or co-sponosnng of any resolutions Resolutions must be filed by June 15,2012 14 DIRECTION TO STAFF ON TEMPORARY USE STANDARDS IN THE DOWNTOWN The council will review and discuss possible direction to staff regarding changes to the temporary use regulations within the downtown L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 15 SELECTION OF BUDGET WORK SESSIONS ON JUNE 18, 2012 AND/OR JUNE 19, 2012 oink 16. EXECUTIVE SESSION AT 5:45 P.M. AND WORK SESSION AT 7.00 P.M. FOR MONDAY,JUNE 18, 2012. 17 EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY,JUNE 19, 2012 OTHER MEETINGS IF NECESSARY. M CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests, communications,comments or suggestions relating to City business that are not listed on the agenda. All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another, but may,at the conclusion 1) respond to criticism by a speaker, 2) ask the City Manager to review a matter;3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone, provide their name and address There is a three(3) minute time limit per speaker N ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays,7 00a—6 OOp, excluding holidays. If any person with a disability needs any type of accommodation, please notify the Human Resources Office,at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time ... CITY COUNCIL REGULAR MEETING MAY 15, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 15, 2012, at the Apache Junction City Council Chambers pursuant to the notice �k required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Smithson Councilmember Waldron Councilmember Wilson .. Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/City Engineer Giao Pham Others Present : Building Official Dennis Dixon Senior Project Engineer Emile Schmid REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 1 OF 17 .. ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO THE AGREEMENT BETWEEN PETDATA, INC. AND THE CITY OF APACHE JUNCTION FOR ANIMAL LICENSING SERVICES FOR THREE YEARS IN AN AMOUNT NOT TO EXCEED $30, 000 PER YEAR, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. ^` Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating May 20-26, 2012 as National Public Works Week and commented that the Apache Junction Public Works Department is the best around. He is frequently getting compliments on the work done. He presented it to Interim Public Works Director/City Engineer Giao Pham. City Clerk Kathleen Connelly gave the ceremonial oath of office to newly-appointed Councilmember Dave Waldron. He was originally sworn in on May 1, 2012 after the city council meeting where he was appointed. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Smithson commented he was appointed to the Pinal County Board of Supervisors on May 11 to fulfill the remainder of the term of Bryan Martyn. His resignation from the city council will be effective once he is sworn in as a supervisor later this week. He intends to run for city council again in 2013 . CITY MANAGER' S REPORT City Manager George Hoffman congratulated Councilmember Waldron and Councilmember Smithson, thanked the LeResche' s for being REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 2 OF 17 hosts to the city council retreat this past weekend, and commented on the I Love Impact Fees bumper sticker program. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR LAWRENCE C. GARRETT VFW POST #7968 FOR .�. AUGUST 11 AND 12, 2012 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . The applicant was not in attendance. He opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE TEMPORARY EXTENSION OF PREMISES FOR LAWRENCE C. GARRETT VFW #7968 FOR AUGUST 11 AND AUGUST 12, 2012, SUBMITTED BY MIKE FERGUSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR A LIQUOR LICENSE FOR AJ TOBACCO AND LIQUOR City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Samir Arikat, the applicant, addressed the council. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 3 OF 17 Councilmember Serdy asked if he would be keeping the name of Fox Tobacco and Liquor. Mr. Samir Arikat stated it will be changed from Fox Tobacco and Liquor to AJ Tobacco and Liquor. Councilmember Serdy commented he would be getting a new sign. Mr. Samir Arikat stated he would. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO. , SERIES 9 LIQUOR LICENSE FOR AJ TOBACCO AND LIQUOR, SUBMITTED BY SAMIR ARIKAT, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 12-12, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON NINTH AVENUE BETWEEN BOWMAN ROAD AND CORTEZ ROAD BE EXTINGUISHED Senior Project Engineer Emile Schmid briefed the council on the item. Mayor Insalaco commented he had a couple of questions for Dennis. One of the main things was the property to the north being flooded out. He asked if REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 4 OF 17 there is any danger of that. As far as he knows, water runs downhill, not up. This property is south, or down, from that other property. Building Official Dennis Dixon stated that is the premise he operates from. He and Sam Jarjice have the same opinion. They do not see how what is happening with the parcel in question will flood either .�. neighbor' s parcel . Mayor Insalaco commented the pictures he provided them are a far cry from what was there in the beginning. Vice Mayor Dietz commented seeing the pictures really made a difference. Mayor Insalaco commented seeing the pictures showed them what they have really done to clean the place up. Vice Mayor Dietz asked if he was satisfied with what has been done thus far or do other things still need to be taken care of and is he worried about that being done. Building Official Dennis Dixon stated there are still some zoning and inoperable vehicle issues that need to be taken care of plus additional property clean up, but it is a far cry from what it was a week ago. Vice Mayor Dietz commented they have made tremendous progress. Building Official Dennis Dixon stated he is concerned about it but he believes they will take care of it when they are capable of taking care of it. That is his opinion for what it is worth. Mayor Insalaco commented they need to get this move in place. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 5 OF 17 Councilmember Waldron asked if there is a code compliance case currently active. Building Official Dennis Dixon stated there is . Councilmember Waldron asked when that would be concluded. Building Official Dennis Dixon stated this is part of it . Everything is not done at this place at this time. May 23rd will be the last warning unless they give an extension. Ten days after that there would be a citation which would probably lead to a fine in court . He cannot say when this would be over. Mayor Insalaco asked if this is on the vehicles . Building Official Dennis Dixon stated it is and there is still some outside storage stuff. They have done a lot but they need to remove it . It is in trailers and is ready to go but he understands they have their issues with that . He cannot speak to all of their issues. Mayor Insalaco asked if the applicant would like to speak on this . City Attorney Joel Stern stated this is city-initiated. He might want to ask the public if anyone wants to speak. Mayor Insalaco opened the public hearing on the item. Ms . Madonna Erb, 880 S . Cortez Road, Apache Junction, and Loren Cox, 880 S. Cortez Road, Apache Junction, addressed the council . She stated she had prepared a few things but she wanted to address a few things first. She stated they have an extra fifth wheel on the property right now with some of their belongings in it . Once the house can be moved over onto the property after the extinguishment, a lot of that can go into the house. They want REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 6 OF 17 to get rid of the fifth wheel as well. The trailer needs to go. It does not look good where it is at but she has nowhere else to put it right now. They have to keep the area open to put the house in. They have run into quite a few financial issues trying to get it all done at once. That is why it has taken a little bit longer. She lost her job shortly after the fire. She had worked there 7 years but because of the time she missed dealing with the insurance and other things due to the fire she was let go. They have basically run out of funds because of this prolonged process of getting the easement going. Mr. Loren Cox stated they do have funds in escrow. Ms . Madonna Erb stated they do have funds to move the house and then more will be able to be done at that time. There are two vehicles . One belongs to her son, it is in his name and a family friend' s name, and they will be out of town a little bit longer. She does not know when they are returning as they have not returned their calls . Vice Mayor Dietz asked how long the vehicles have been on the property and how long the code compliance issue has been going on. Ms . Madonna Erb stated the vehicle was damaged in the fire on October 13 . They are on a mission. They were trying to do a claim for the fire. Vice Mayor Dietz asked when the fire was . Ms . Madonna Erb stated it was October 13, 2011 . They have been out of town and out of state on a mission. They are hard to contact. They do have possession of the title and it is an "and" situation in her son' s name and their name. The other vehicle also belongs to a family friend who left it there because he could not afford to fix it . They just need to get rid of that but they do not have the money to do an abandoned title. If they have any solutions on how she can get rid of that without a title, she would be open to those suggestions . She has called places to come and get it but they do not want it without a title. The branches REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 7 OF 17 and debris have been picked up. They are waiting to borrow a truck. They have a friend' s fifth wheel hitch, they just need to borrow a truck to hitch it to. It will take 2 or 3 trips to the dump to be done . Vice Mayor Dietz commented the differences in the pictures are phenomenal. Ms . Madonna Erb stated a big chunk of that was done by her three sons as a Mother' s Day present. They had some time to come out on the weekend, rent a truck, get a lot of that stuff picked up and make a few runs to the dump. That was her Mother' s Day present and she will be forever grateful for that . Mr. Loren Cox commented if he were to buy the exact same trailer that was originally on the lot it would not fit and be compliant. Mayor Insalaco commented he does not have to worry about that Mr. Loren Cox stated by today' s standards it would not be compliant and fit. Mayor Insalaco asked the police chief to help them out with the vehicle. Public Safety Director Jerald Monahan stated he would provide them with his contact information and he will see if they cannot facilitate the title or get the issues resolved with that . Ms . Katherine Nelson, 2325 E. Broadway, Apache Junction, stated she has two drains that empty on each side of her property. The one on the west is 5 feet wide. Mr. Cox had someone plug it up, covering it with concrete and dirt . If a big rain comes, which it probably will within the next few years, it will flood her property. It is a big drain through there. As it is now, it does flood back about halfway up the side of her hill to the trailer. If it is clogged up further, it will force it up further and will overcome her sewer line and everything. She will be sitting on REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 8 OF 17 top of a knoll . She would like the drain opened. State law does not allow anyone to plug up a waterway. Mayor Insalaco asked the building official to address that. Building Official Dennis Dixon stated there is some grading that has been done. Part of it has pushed some soil up to the opening of a drainage channel . It is true it is sitting there. In his opinion if there is enough water coming through there it will move the dirt out of there and keep going. Part of the grading plan, discussed last night, includes removing that pile, taking the dirt from that abutment, and filling in another part of it. If it rains today and rains hard, it will move that out of the way and keep going. Mayor Insalaco commented once the mobile home is set it will be partially taken care of. Building Official Dennis Dixon stated the plan they have discussed is that they have put some dirt up against the abutment that was there at the edge of the pad. It has created a ramp for the truck to pull through and pull out again. Once that is done and they get the money that is tied up in escrow, they will hire someone to finish the grading, at which time these things they are talking about will be resolved. Vice Mayor Dietz commented the dirt that they put in to get the truck in is partially blocking her drain. Building Official Dennis Dixon stated it is not really blocking it . Vice Mayor Dietz asked if it would be taken care of. Building Official Dennis Dixon stated basically there is a channel that runs on the west side of the lady' s property and the neighbor. It comes out on the northwest corner of the Cox property. There may be a couple of yards of dirt there like when you take a piece of equipment REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 9 OF 17 and shove the dirt against the berm. That is what we are talking about. Councilmember Smithson stated as part of the inspection process he will inspect to make sure they follow the grading plan and that the dirt is removed. Building Official Dennis Dixon stated that is correct. Councilmember Barker asked if there is a time limit for them to have to remove that or is it whenever they get to it . Building Official Dennis Dixon stated they have a permit that is essentially good for six months. There is not a time limit on it as they are not pushing it as a hazard. They do not see it as such. It is difficult to say they want it done today when they have something that says they have six months . Councilmember Barker asked six months from when. Building Official Dennis Dixon stated he does not remember when they issued the permit . He estimated a month to six weeks . He believes it would be better to ask the gentleman He only knows what he is told. Mr. Loren Cox stated he has no problem with Ms . Nelson. He will take care of that as soon as the house is installed. Ms . Sylvie Ann Baker, 2325 E. Broadway, Apache Junction, addressed the council. She stated everybody has asked her if she has a picture of what the place looked like before they changed it. She googled it and found satellite pictures of it before it was changed. Councilmember Barker asked that it be put on the overhead. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 10 OF 17 Ms . Sylvie Ann Baker stated this is what it was like. She marked a red "X" where it has been blocked off coming in off of Broadway. It would affect them during a 100-year flood. Vice Mayor Dietz asked her to show them where her property is. Ms . Sylvie Ann Baker showed them where their property is . She described where they put their culverts . They previously had a 5 foot culvert in but in 2010 it was washed out so they put a 7 foot culvert in. It may take it 10 years, but it will come. She wanted them to know how severe it actually is . Councilmember Barker asked if that is the area of which Dennis was speaking. Ms . Sylvie Ann Baker stated it is . Councilmember Barker stated it does not look like the same area. Vice Mayor Dietz asked what the red "x" is . Ms . Sylvia Ann Baker stated it is where they piled up the concrete blocks that were from the pads from the old trailer. They blocked them up there so it would stop it . Vice Mayor Dietz commented those are the ones he just said he would take care of. Ms . Sylvie Ann Baker stated it is. She added most of the houses around there have termites. This junk issue is a problem because everybody out there has termites really bad. It would help if the wood, tires and all that junk was gone. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 11 OF 17 Mayor Insalaco commented it looks like they have been taking care of it . They have done what they could. Councilmember Barker commented they are hauling that away. Ms . Sylvie Ann Baker stated she got a letter from Mr. Mitchell yesterday. He asked her to tell the council that he intends to pursue and fight this . Vice Mayor Dietz asked if he is her neighbor to the west. Ms . Sylvie Ann Baker stated he is . Vice Mayor Dietz commented he thinks he is a little mixed up on what they are talking about. They are not taking any land. They are giving him land. Ms . Sylvie Ann Baker stated Mr. Mitchell is from Boston. He has his ideas and he is sticking to them. He said to tell the council whatever he has to do he will do it . Vice Mayor Dietz commented they have gotten a number of letters from him. He can do whatever he likes but he will not get anything done. Mayor Insalaco commented he is already encroaching on the property. Vice Mayor Dietz commented the city can actually make him pay an awful lot of money. Mayor Insalaco commented he is in the wrong already. The city is trying to right the wrong. Ms . Sylvie Ann Baker stated she knows . She has heard about this for ten years . REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 12 OF 17 . .. Councilmember Barker commented the area "x"ed appears to be a different area than the one Dennis was talking about. Building Official Dennis Dixon stated it is a different photograph. This one has vegetation. 'ft. Councilmember Barker asked if that is the same area where the grading is . She thought the grading was down lower in the right hand side of the Cox property. She did not think it was that high where the "x" is . Building Official Dennis Dixon stated he could not say because it looks completely different than this now. He does not know when this photo was taken. All of the greenery that they see in this picture is no longer there. It is basically a drainage way proceeding past where the building is and then out . Councilmember Barker asked if that particular drainage way is blocked. That is the basis of this conversation. Building Official Dennis Dixon stated there is a berm there that he said he would remove. Councilmember Barker asked if there are pieces of block there. Building Official Dennis Dixon stated there are a few pieces of concrete but if there were the kind of water that we are discussing about happening tonight, it would push that out of the way and keep on going. Vice Mayor Dietz commented it is not concrete pillars. Building Official Dennis Dixon stated it is a couple of yards of earth with a few concrete chunks in it. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 13 OF 17 Councilmember Barker commented Mr. Cox stated he would remove that . Mr. Loren Cox spoke from the audience and stated he would. Councilmember Barker commented they have consensus . He says he will remove that so it will help that situation. That should answer the problem. Building Official Dennis Dixon stated it could be removed with a pick and a shovel. Councilmember Barker commented they can have another Mother' s Day and she can get her son to get out there and remove it with a pick and shovel, pull that stuff out of there and that should take care of that problem. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Barker commented she thinks the Cox' s have made a great effort . They have pictures that show a dramatic difference. There are things still there which they have said they will haul out of there as soon as they can get a truck. She thinks they have given their word that they will clear up the drainage ditch. That should answer everyone' s problems . Mayor Insalaco commented the problem he sees is their pockets are dry. Until they get the home in place, they cannot get blood from a turnip. Councilmember Wilson commented one can see the new home sitting on the neighbor' s property just waiting to be put into place. Councilmember Barker commented that creates another problem all by itself. The drainage issue sounds like it will be real easy to clean up. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 14 OF 17 AW Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 12-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON NINTH AVENUE FROM BOWMAN ROAD TO CORTEZ ROAD, AND DESCRIBED IN EXTINGUISHMENT .'►_ CASE EX-12-12, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . During the vote Councilmember Smithson stated the council' s concern with respect to this easement has to do with whether the city needs the road or not . The motion carried. OLD BUSINESS None. NEW BUSINESS None. ".... COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JUNE 4 , 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 15 OF 17 THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, JUNE 5, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 45 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of May 1, 2012 . 3 . Consideration of approval of agreement with PETDATA, Inc. for animal licensing services for a period of three years in an amount not to exceed $30, 000 per year. ACCEPTED THIS 5TH DAY OF JUNE, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF JUNE, 2012 . JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 16 OF 17 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 15th day of May, 2012 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 17th day of May, 2012 . ,/ 7 KATHLEEN CONNELLY City Clerk AIM b. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2012 PAGE 17 OF 17 ApAC • hf� �. O� G2 �- Czty of Apache Junction 2 Horyrc� of the .S •rrpei:ci tiarl .l l ntlrltcl111,i' 4g120Nh Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: Consideration of Resolution No. 12-21, authorizing the submission of a Round 19 Transportation Enhancement grant application for enhancements to the Apache Trail from Rennick to Ironwood Drive. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: During its April 30, 2012 work session, the city council concurred with staff's recommendation to submit a local grant application for an enhancement project on Apache Trail from Rennick to Ironwood Drive Resolution No 12-21 is a mandated portion of the grant application The resolution authorizes the submission of the grant application and commits the city to a cash match, review fee, reimbursement of Arizona Department of Transportation expenses, and all cost overruns for the project. If the resolution is adopted on June 5, 2012, staff will add a certificated copy of the resolution to the applications submitted on May 29, 2012. FISCAL IMPACT: Budgetary Approval Not Required PTIONS/ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Staff respectfully recommends that the City Council adopts Resolution No. 12-21. ATTACHMENTS: Click to download D Staff Report O Resolution No. 12-21 TE Grant Application PPFCfl , 64, \.,_. _.,- City of Apache Junction gR,toNP Development Services Department MEMORANDUM DATE: May 18, 2012 TO. The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director FROM: Roger Hacker, Revenue Resources Manager SUBJECT: Transportation Enhancement Program Round 19 Grant Application REQUEST Staff respectfully requests that the City Council adopt Resolution No 12-21 If adopted, the resolution will authorize the submission of a grant application for an enhancement project on the Apache Trail from Rennick to Ironwood. BACKGROUND: TRANPORTATION ENHANCEMENT PROGRAM Eligible Activities The Transportation Enhancement ("TE") program funds enhancement/beautification projects on either local streets/roads or State highways. The type of project (i e local street or State highway) dictates- 1) the amount of funds available; 2) the planning and implementation processes, 3) if a cash match and application review fee are required; 4) the responsible party for cost overruns and 5) the responsible party for Arizona Department of Transportation ("ADOT") services Eligible activities include twelve different types of activities Projects must be `over and above" the normal scope of what can be provided by a municipality and must be directly related to surface transportation Staff recommended a "landscaping and other scenic beautification" project on Apache Trail for submission Available Funds and City Obligations. Local Projects $ 9 million is available; maximum amount that can be requested is $750,000; 5.7% cash match ($42,750 maximum) required, $5,000 ADOT application review fee required if the project is funded; City responsible for cost overruns, and additional ADOT costs charged to the City. Timeline • May 29, 2012 Applications due to CAAG • June 22, 2012 Projects presented to the CAAG Board • July 10, 2012 Applications due to ADOT • October 3-5, 2012 Transportation Enhancement Review Committee meets • January 2013 Projects awarded; documents executed • Fall 2013 Notice to proceed • Fall 2016 Construction begins April 30, 2012 Work Session During the work session, the City Council concurred with staff's recommendations to submit 1) no State project and 2) a project on the Apache Trail from Rennick to Ironwood as a local project The Apache Trail project could include landscaping and grading in the median, retaining walls, landscaping along the City right-of-way, decorative cross walk (optional), bases for the future installation of public art, curb, and gutter The basic designs that were used on the Trail further east would serve as the "on the shelf' designs. This portion of the Trail (aka transition zone) was selected because it is the priority section listed in the Downtown Redevelopment and Implementation Strategy ("DRIS") Staff considered this project as phase one for future TE applications. Median enhancements extending the entire length of Apache Trail to Meridian Road were recommended in the DRIS as a unifying feature for downtown DISCUSSION The Apache Trail project is the only local project that 1) has "on the shelf' plans, 2) was cited either in the Downtown Redevelopment and Implementation Strategy or other City planning documents, 3) could be realistically completed by staff as an application in a competitive manner, and 4) has no right-of-way issues If the project is funded, Resolution No. 12-21 commits the City to. 1) a 5 7% cash match ($40,000), 2) a $5,000 ADOT application review fee; 3) reimbursing ADOT for the costs it incurred while working on the project (e g preparation of the scoping and environmental documents, securing right of way if necessary; securing utility clearances, and preparation of design documents), 4) all project cost overruns; and 5) reimbursing the Arizona Department of Transportation and the Federal Highway Administration for all funds used if the project is cancelled by the City of Apache Junction As cited above, making Apache Junction responsible for ADOT services could prove to be costly. At this point, there is not a cap on the amount of fees that can be charged back to Apache Junction. In addition, Apache Junction will have no say over the types or amount of services that ADOT will provide In essence, ADOT will be given a "blank check" for the services it provides Page 2 of 3 ADOT staff is attempting to secure permission from the Federal Highway Administration to use federal funds to repay ADOT for the services provided on the local projects. If this occurs, ADOT costs will become another line item in the project budget. It is anticipated that an answer to this issue will be received by the time a community receives the notice to proceed on a project (Fall 2013) The TE Program Manager indicated that there are a number of"escapes clauses" contained in the documents that will be executed in January 2013 She stated that, " .a local gov't can cancel a project at any time. If any money was reimbursed to the Local, it would have to be paid back. If the project is awarded to the City next January and the review fee issue is not resolved, the City can opt out of the project If the project is awarded and the City decides to continue on and an IGA is executed, there is a clause in the IGA that reads it can be cancelled by either party with a 30- day written notice at any time prior to award of a construction contract " Staff feels that these options give the City adequate safeguards if the issue of ADOT costs has not been satisfactorily resolved RECOMMENDATION Staff respectfully recommends that the City Council adopts Resolution No 12-21 ACTION REQUIRED Adoption of Resolution No. 12-21. Attachment Resolution No 12-21 Page 3 of 3 Allabk RESOLUTION NO. 12-21 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION ENHANCEMENT PROGRAM AND CERTIFYING THAT THE APPLICATION: (1) MEETS THE COMMUNITY' S IDENTIFIED TRANSPORTATION NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION. WHEREAS, the City of Apache Junction is desirous of undertaking transportation enhancement activities; and WHEREAS, the State of Arizona is administering the Transportation Enhancement ("TE") Program, and WHEREAS, the TE Program requires that the requested TE funds address the congressionally-mandated national objectives; and WHEREAS, the activities within this application address the community' s identified transportation needs; and WHEREAS, a grantee of State TE funds is required to comply with the Program guidelines and federal statutes and regulations; and WHEREAS, on April 30, 2012, the Apache Junction City Council concurred with the staff' s recommendation to submit an application for TE Program funds which will be used to landscape and beautify the Apache Trail from Rennick to Ironwood Drive. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction Arizona, as follows : SECTION 1 . Staff is authorized to submit an application to the State of Arizona Department of Transportation for Round 19 TE funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and use of TE funds for. Transportation enhancement activities on the Apache Trail from Rennick to Ironwood Drive. SECTION 2 : RESOLUTION NO. 12-21 PAGE 1 OF 3 The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. SECTION 3 : The application for State TE funds furthers the needs under State guidelines for transportation enhancements on state highways . ,.kk SECTION 4 : The City of Apache Junction shall comply with all State TE Program guidelines, federal statutes and regulations applicable to the State TE Program and certifications contained in the applications . SECTION 5 : The City of Apache Junction shall provide 5 . 7% in cash match to match the funds provided by the grant . Further, the City may opt to provide additional funds as a cash match for the project . SECTION 6 - As applicable, the City of Apache Junction is responsible for the costs related to the preparation of the scoping and environmental documents, securing right of way if necessary, securing utility clearances; and preparation of design documents . SECTION 7 - The City of Apache Junction is responsible for payment of the $5, 000 review fee to be charged by the Arizona Department of Transportation. SECTION 8 : The City of Apache Junction agrees to pay all cost overruns related to the enhancement project SECTION 9• The City of Apache Junction agrees to ensure that the project will be ready for advertisement within 36 months from the Notice- to-Proceed. SECTION 10 : The City of Apache Junction agrees to reimburse the Arizona Department of Transportation and the Federal Highway RESOLUTION NO. 12-21 PAGE 2 OF 3 Administration for all funds used if the projected is cancelled by the City of Apache Junction. SECTION 11 . The City of Apache Junction shall enter into a Joint Project Agreement with the Arizona Department of Transportation agreeing to be responsible for the long term maintenance of the project PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2012 . SIGNED AND ATTESTED TO THIS DAY OF 2012 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Aftik RESOLUTION NO 12-21 PAGE 3 OF 3 r Ppp J� CHEZ City o fApace Junction U HOPIC oil the .S'tupe!:otron Mountains Print TO. City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area Revenue Development TITLE OF AGENDA ITEM: Consideration of Resolution No 12-20, authorizing the submission of a Fiscal Year (FY) 2012-2013 grant application to the Gila River Indian Community for funding for the Parks and Recreation Department's Fit Family Program ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests that the city council adopts Resolution No 12-20 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding. The Parks and Recreation Department is requesting permission from the city council to submit the Fit Families Program for funding FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: The City Council can 1. Adopt the resolution 2 Decline to adopt the resolution. ATTACHMENTS: Click to download ❑ Staff Report ❑ Resolution No. 12-20 Fit Families P pCNE`lGi u � r City of Apache Junction Development Services Department MEMORANDUM DATE• May 12, 2012 TO: The Honorable Mayor and City Council THROUGH• George Hoffman, City Manager Brad Steinke, Development Services Director FROM• Roger S Hacker, Revenue Resources Manager SUBJECT: Gila River Indian Community State Shared Revenue Program Grant Applications For Fiscal Year 2012-2013 REQUEST Staff respectfully requests that the City Council adopt the attached resolutions. If adopted, the resolutions will authorize the submission of grant applications to the Gila River Indian Community for the following programs/projects. Meals While You Heal, Senior Transportation; Health Careers Initiative, and Fit Families. BACKGROUND Gila Community In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes. An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants. The Gila River Indian Community ("GRIC") exercised its option to retain and administer 12% of State shared revenue. Known as the Gila River Indian Community State Shared Revenue Program, the Program makes"Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development." Gila River's policy is to generally limit the distributions to cities, towns, and counties in Mancopa and Pinal Counties. Funding priorities include 1) Public Safety (police, fire, EMS), 2) Transportation Facilities; 3) Health Care Services; 4) Economic Development; and 5) Education The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is"sponsored" by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. Fiscal Year 2012-2013 Proposed Projects During the April 30, 2012 work session, staff presented information to the Council regarding the following potential projects. Protect Amount Requested Applicant Meals While You Heal $25,000 East Valley Adult Resources Senior Transportation Program $41,000 East Valley Adult Resources Health Careers Initiative for Apache $21,577 The Center Junction High School Aged Youth Fit Families Program $13,800 Parks and Recreation At the end of the presentation and discussion, the City Council directed staff to begin the application preparation process with the above mentioned agencies and department DISCUSSION Meals While You Heal is referenced in Resolution No 2012-17. Senior Transportation is referenced in Resolution No. 2012-18 Health Careers Initiative is referenced in Resolution No 2012-19. Fit Families is referenced in Resolution No 2012-20. The resolutions referencing the non-profit projects stipulate that • The application has been approved for submittal, • If the project is funded, the Mayor is authorized to execute a pass-through agreement, • The City has no duties other than to deliver the grant funds to the applicant, and • The applicant shall provide the City with copies of all information submitted to the GRIC. The resolution referring the Parks and Recreation project stipulates that • The application has been approved for submittal, and • $9,529 is pledged in in-kind services to match grant funds RECOMMENDATION Staff respectfully recommends that the City Council adopts the resolutions. ACTION REQUIRED Adoption of the resolutions Attachment 1 Resolution No 2012-17 (Meals While You Heal) Attachment 2 Resolution No 2012-18 (Senior Transportation) Attachment 3. Resolution No. 2012-19 (Health Careers Initiative) Attachment 4. Resolution No 2012-20 (Fit Families) Page 2 RESOLUTION NO. 12-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public, 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS . Section 1 : Staff is authorized to submit an application to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and use of Proposition 202 funds for support of the Fit Families Program in an amount not to exceed $13, 800 . RESOLUTION NO 12-20 PAGE 1 OF 2 .m. Section 2 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application Section 3 The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding Section 4 . The City may expend up to $9, 529 in in-kind services to match the funds provided by the Community to be taken from the Parks and Recreation Department' s City budgets for Fiscal Year 2012-2013 and Fiscal Year 2013-2014 . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S . INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO 12-20 PAGE 2 OF 2 :( jo City a f A ache Junc;on Z Home of the .S 1pe! ifltion l\1011If1.lf1Y.1 Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: June 5, 2012 ...4 Agenda Type : Regular Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: Consideration of Resolution No. 12-19, authorizing the submission of a Fiscal Year (FY) 2012-2013 grant application to the Gila River Indian Community for funding for The Center's Health Careers Initiative Program ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION. Staff respectfully requests that the city council adopts Resolution No. 12-19 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding. The center is requesting sponsorship by the city council to submit the Health Careers Initiative Program for funding. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: The City Council can• 1. Adopt the resolution. 2 Decline to adopt the resolution ATTACHMENTS: Click to download D Staff Report 0 Resolution No 12-19 Health Careers Initiative Pp ACHF4 City of Apache Junction Development Services Department MEMORANDUM DATE: May 12, 2012 TO: The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director FROM. Roger S. Hacker, Revenue Resources Manager SUBJECT: Gila River Indian Community State Shared Revenue Program Grant Applications For Fiscal Year 2012-2013 REQUEST Staff respectfully requests that the City Council adopt the attached resolutions If adopted, the resolutions will authorize the submission of grant applications to the Gila River Indian Community for the following programs/projects Meals While You Heal; Senior Transportation; Health Careers Initiative, and Fit Families BACKGROUND Gila Community In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants. The Gila River Indian Community ("GRIC") exercised its option to retain and administer 12% of State shared revenue Known as the Gila River Indian Community State Shared Revenue Program, the Program makes"Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development." Gila River's policy is to generally limit the distributions to cities, towns, and counties in Mancopa and Pinal Counties Funding priorities include* 1) Public Safety (police, fire, EMS); 2)Transportation Facilities, 3) Health Care Services, 4) Economic Development; and 5) Education. The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is"sponsored" by an appropnate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. Fiscal Year 2012-2013 Proposed Projects During the April 30, 2012 work session, staff presented information to the Council regarding the following potential projects Project Amount Requested Applicant Meals While You Heal $25,000 East Valley Adult Resources Senior Transportation Program $41,000 East Valley Adult Resources Health Careers Initiative for Apache $21,577 The Center Junction High School Aged Youth Fit Families Program $13,800 Parks and Recreation At the end of the presentation and discussion, the City Council directed staff to begin the application preparation process with the above mentioned agencies and department DISCUSSION Meals While You Heal is referenced in Resolution No. 2012-17 Senior Transportation is referenced in Resolution No. 2012-18 Health Careers Initiative is referenced in Resolution No 2012-19. Fit Families is referenced in Resolution No 2012-20 The resolutions referencing the non-profit projects stipulate that • The application has been approved for submittal, • If the project is funded, the Mayor is authorized to execute a pass-through agreement, • The City has no duties other than to deliver the grant funds to the applicant, and • The applicant shall provide the City with copies of all information submitted to the GRIC The resolution referring the Parks and Recreation project stipulates that • The application has been approved for submittal; and • $9,529 is pledged in in-kind services to match grant funds RECOMMENDATION Staff respectfully recommends that the City Council adopts the resolutions ACTION REQUIRED Adoption of the resolutions Attachment 1. Resolution No 2012-17 (Meals While You Heal) Attachment 2 Resolution No. 2012-18 (Senior Transportation) Attachment 3. Resolution No 2012-19 (Health Careers Initiative) Attachment 4. Resolution No 2012-20 (Fit Families) Page 2 RESOLUTION NO. 12-19 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that. 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development, and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor; and WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program, and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1 : Staff is authorized to submit an application, on behalf of Empowerment Systems Incorporated, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for RESOLUTION NO. 12-19 PAGE 1 OF 3 receipt and distribution of the Proposition 202 funds for the operation of the Health Careers Initiative Program at the Empowerment Systems Incorporated Center in an amount not to exceed $22, 000 . on. Section 2 . The Mayor is authorized to execute a grant pass-through agreement between the City of Apache Junction and the Empowerment Systems Incorporated Board of Directors for use of the funds if the grant is awarded. Section 3 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 4 : The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5 - The City has no duties under or related to this resolution other than to receive the funds and deliver same to Empowerment Systems; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All Auk parties agree there are no third-party beneficiaries to this document. Section 6: If awarded funding, Empowerment Systems Incorporated will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. RESOLUTION NO. 12-19 PAGE 2 OF 3 Section 7 : The City Council supports this grant request for funding and if awarded will administer the funds directly to Empowerment Systems as a pass-through grant PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S. INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney RESOLUTION NO 12-19 PAGE 3 OF 3 PpACHe✓G .�► .•. City o /pache Juncaon U Home of the .S`r.*per:ctrtrorr .t1ouiztairrs Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: Consideration of Resolution No 12-17, authorizing the submission of a Fiscal Year (FY) 2012-2013 grant application to the Gila River Indian Community for funding for the East Valley Adult Resources' Meals While You Heal Program. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests that the city council adopts Resolution No 12-17 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding. East Valley Adult Resources is requesting sponsorship by the city council to submit the Meals While You Heal Program for funding. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Policy Discussion (list specific options/alternatives) dECOMMENDATION: The City Council can. 1. Adopt the resolution. 2 Decline to adopt the resolution ATTACHMENTS: Click to download CI Staff Report Resolution No. 12-17 Meals While You Heal Amok pCHs QK"- \� U City of Apache Junction Development Services Department MEMORANDUM DATE: May 12, 2012 TO. The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director FROM: Roger S. Hacker, Revenue Resources Manager SUBJECT: Gila River Indian Community State Shared Revenue Program Grant Applications For Fiscal Year 2012-2013 REQUEST Staff respectfully requests that the City Council adopt the attached resolutions. If adopted, the resolutions will authorize the submission of grant applications to the Gila River Indian Community for the following programs/projects- Meals While You Heal; Senior Transportation; Health Careers Initiative, and Fit Families BACKGROUND Gila Community In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes. An important provision of Proposition 202 was the sharing of gaming revenues with the State Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants. The Gila River Indian Community ("GRIC") exercised its option to retain and administer 12% of State shared revenue. Known as the Gila River Indian Community State Shared Revenue Program, the Program makes"Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development" Gila River's policy is to generally limit the distributions to cities, towns, and counties in Maricopa and Pinal Counties. Funding priorities include 1) Public Safety(police, fire, EMS), 2) Transportation Facilities, 3) Health Care Services; 4) Economic Development; and 5) Education The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is"sponsored" by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency Fiscal Year 2012-2013 Proposed Projects During the April 30, 2012 work session, staff presented information to the Council regarding the following potential projects Protect Amount Requested Applicant Meals While You Heal $25,000 East Valley Adult Resources Senior Transportation Program $41,000 East Valley Adult Resources Health Careers Initiative for Apache $21,577 The Center Junction High School Aged Youth Fit Families Program $13,800 Parks and Recreation At the end of the presentation and discussion, the City Council directed staff to begin the application preparation process with the above mentioned agencies and department. DISCUSSION Meals While You Heal is referenced in Resolution No 2012-17 Senior Transportation is referenced in Resolution No 2012-18 Health Careers Initiative is referenced in Resolution No. 2012-19 Fit Families is referenced in Resolution No 2012-20 The resolutions referencing the non-profit projects stipulate that • The application has been approved for submittal, • If the project is funded, the Mayor is authorized to execute a pass-through agreement, • The City has no duties other than to deliver the grant funds to the applicant, and • The applicant shall provide the City with copies of all information submitted to the GRIC. The resolution referring the Parks and Recreation project stipulates that • The application has been approved for submittal; and • $9,529 is pledged in in-kind services to match grant funds RECOMMENDATION Staff respectfully recommends that the City Council adopts the resolutions ACTION REQUIRED Adoption of the resolutions. Attachment 1 Resolution No 2012-17 (Meals While You Heal) Attachment 2 Resolution No 2012-18 (Senior Transportation) Attachment 3. Resolution No 2012-19 (Health Careers Initiative) Attachment 4 Resolution No. 2012-20 (Fit Families) Page 2 RESOLUTION NO. 12-17 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application Said sponsorship must be expressed in a resolution passed by the local government sponsor; and WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1: Staff is authorized to submit an application, on behalf of East Valley Adult Resources, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the RESOLUTION NO. 12-17 PAGE 1 OF 3 application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the Meals While You Heal at the Apache Junction Active Adult Center in an amount not to exceed $25, 000 . Section 2 : p The Mayor is authorized to execute a grant pass-through agreement between the City of Apache Junction and the East Valley Adult Resources Board of Directors for use of the funds if the grant is awarded. Section 3 - The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application Section 4 . The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5 : The City has no duties under or related to this resolution other than to receive the funds and deliver same to East Valley Adult Resources; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community All .•. parties agree there are no third-party beneficiaries to this document . Section 6. If awarded funding, East Valley Adult Resources will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. Section 7 - The City Council supports this grant request for funding and if RESOLUTION NO. 12-17 PAGE 2 OF 3 awarded will administer the funds directly to East Valley Adult Resources as a pass-through grant. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 12-17 PAGE 3 OF 3 G 0 y�o City of Apache Junction Home of the Supei:ctttrorl Alounturris risi Print TO: City Manager's Office FROM: Jerald Monahan, Police Chief DATE: June 5, 2012 agenda Type : Regular Agenda Council Priority Focus Area• Public Safety TITLE OF AGENDA ITEM: Consideration of Resolution No 12-16, authorizing the City of Apache Junction to enter into an amended and restated intergovernmental agreement to plan, construct, operate, maintain and finance the Topaz Regional Wireless Cooperative (TRWC) Network ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: On August 7, 2008, the city entered into an intergovernmental agreement with several local agencies for the establishment and operation of the TRWC Network The purpose of the TRWC is to pool common resources to improve communications and operations among participating public safety and public service agencies Due to new membership approval protocol, TRWC is requiring that each participating agency adopt and enter into an amended and restated intergovernmental agreement. Resolution No. 12-16 authorizes the city to enter into such agreement FISCAL IMPACT: iPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download Ll Cover Memo D Resolution No. 12-16 0 Amended TRWC IGA Aanik RESOLUTION NO 12-16 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO PLAN, CONSTRUCT, OPERATE, MAINTAIN AND FINANCE THE TOPAZ REGIONAL WIRELESS COOPERATIVE NETWORK. WHEREAS, on August 7, 2008, the cities of Apache Junction and Mesa, the towns of Gilbert and Queen Creek, and the Apache Junction and Rio Verde fire districts entered an Intergovernmental Agreement ("IGA") to plan, construct, operate, maintain and finance the Topaz Regional Wireless Cooperative ("TRWC") Network Contract Number 2008-3002-0359; and WHEREAS, the purpose of the TRWC is to use its reasonable efforts, through cooperation and the pooling of common resources, to improve communications and operations among various public safety and public service agencies, and WHEREAS, the amended agreement attached hereto as Attachment A supercedes and replaces in its entirety the August 7, 2008 Agreement between the Parties, as well as the Governance Agreement attached to the August 7, 2008 Agreement as Exhibit A. WHEREAS, it is the intention of the above-listed agencies to officially enter into the amended intergovernmental agreement to establish the TRWC and to jointly and cooperatively exercise their powers for the purpose of planning, designing, constructing, operating, maintaining and financing the TRWC, and WHEREAS, pursuant to A.R.S . § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the parties have crafted a written agreement in the form of an intergovernmental agreement which formalizes the arrangement. RESOLUTION NO 12-16 PAGE 1 OF 2 Am, ... NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS* 1) The Mayor and City Council approve the form of the Intergovernmental Agreement for the planning, designing, constructing, operating, maintaining and financing of the .m. Topaz Regional Wireless Cooperative Network set forth in Attachment A, and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Staff shall record such document in the Pinal and Maricopa County Recorders' offices within sixty (60) days after full execution by all Parties . 3) The Chief of Police is authorized to participate in and designate staff to fulfill all the duties required under the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO 12-16 PAGE 2 OF 2 ATTACHMENT A When Recorded Return To: William H Anger Engelman Berger, P C 3636 N Central Ave., Suite 700 •-• Phoenix, AZ 85012 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO PLAN,DESIGN,CONSTRUCT,OPERATE, MAINTAIN AND FINANCE THE TOPAZ REGIONAL WIRELESS COOPERATIVE NETWORK TABLE OF CONTENTS Parties 2 Recitals 2 Term and Duration of Agreement; Dissolution 3 Manner of Financing 3 Obligations as Members 5 Voluntary Termination or Withdrawal as Members 5 Additional Parties' 5 Failure to Pay Financial Obligation 5 Open Meeting Law 5 Records, Confidentiality 5 Conflict of Interest 6 Compliance with Applicable Laws 6 Cooperation 6 Amendment 6 Existing and Future Agreements 7 Notices 8 Default and Cure, Alternative Dispute Resolution 8 Waiver 9 Performance and Uncontrollable Events . . . 9 Assignment and Binding Effect . . .... 10 Entire Agreement 10 Governing Law . . 10 Severability 10 Headings 10 Counterparts 11 Exhibit A . . A-I 1 AM Ilk Adak 1. Parties.This Amended and Restated Intergovernmental Agreement("Agreement")is entered into by and between the City of Mesa,the City of Apache Junction,Apache Junction Fire District,the Town of Gilbert,the Town of Queen Creek and the Rio Verde Fire District(the "Parties"). .�. 2. Recitals. 2.1 The City of Mesa,the City of Apache Junction, Apache Junction Fire District, the Town of Gilbert and the Town of Queen Creek entered into an Intergovernmental Agreement to Plan,Construct, Operate,Maintain and Finance the TRWC Network Contract Number 2008- 3002-0359 and dated August 7,2008 (the"August 7,2008 Agreement") 2.2. This Agreement supercedes and replaces in its entirety the August 7, 2008 Agreement and the Governance Agreement dated Apnl 8,2008 attached as Exhibit A to the August 7, 2008 Agreement. 2.3 The Parties enter into this Agreement for the purpose of planning,designing, constructing, operating, maintaining and financing the TRWC. 2 4 The Parties are authorized to enter into this Agreement by the joint exercise of powers provisions of Title 11, Chapter 7,Article 3 (§§ 11-951 et seq),Arizona Revised Statutes and the authorization of their legislative or other governing bodies. 2 5. The Parties agree to establish the TRWC,an unincorporated association of the Parties,to jointly and cooperatively exercise their powers to achieve the purposes specified in paragraph 2.3. 2.6. The TRWC shall use its reasonable efforts,through cooperation and the pooling of common resources,to improve communications and operations among various public safety and public service agencies. �► 2.7. The rules and policies governing the TRWC's regulation and management are set forth in a governance document("Governance Agreement"),which is attached to this Agreement as Exhibit A and incorporated herein and made a part of this Agreement by this reference Certain terms that are defined in the Governance Agreement are used in this Agreement. Those terms shall have the same meaning in this Agreement as such terms are defined in the Governance Agreement 2 8 It is the Parties'intention that the Governance Agreement be enforceable to the same extent as this Agreement The Governance Agreement shall be subject to amendment as provided herein and shall be valid for the duration of this Agreement. The Governance Agreement is approved by all Parties and shall be binding upon any Parties that are admitted after the initial Parties.No additional Parties shall be admitted to the TRWC without first agreeing to be as bound by the Governance Agreement as are the Parties hereto. 2 3. Term and Duration of Agreement; Dissolution. 3.1. The"Effective Date"of this Agreement isMay 1,2012. The initial term of this Agreement is five(5)years commencing on the Effective Date and ending onApnl 30,2017, thereafter,the Agreement will automatically renew for terms of five(5)years All Parties shall execute this Agreement and comply with the requirements of A R S § 11-952,which includes appropriate action by the legislative or other governing body of the Party for the approval of the Agreement,determination by the Party's attorney that the Agreement is within the powers and /1 authority of the Party,and the proper filing of the Agreement This Agreement shall continue until such time as the TRWC is dissolved 3.2. The Parties do not anticipate that the TRWC will be dissolved until it is no longer desirable and feasible for the TRWC to operate the Network or the Network is transferred to another entity 3 3 If the Parties dissolve the TRWC other than by transfemng the Network to another entity,the assets of the TRWC shall be returned to the Members in proportion to their contributions to the TRWC as determined in section 10 2 of the Governance Agreement 4. Manner of Financing. 4 1 The cost of planning,designing, constructing,operating and maintaining the Network shall be paid in the manner specified in the Governance Agreement 4 2 Each Party agrees to timely pay its share of the cost of planning,designing, constructing,operating and maintaining the Network as specified in the Governance Agreement Each Party shall render its amounts payable to the TRWC no later than thirty(30)days from the invoice date.The TRWC may collect interest at the rate of one percent(I%)per month for payments not received thirty(30)days from the invoice date The interest collected shall be deposited in the operating and maintenance budget and used to offset the costs of operation and maintenance 4 3 It will be the responsibility of each Party to this Agreement to take the appropriate steps in conformity with state or local laws to ensure that it appropriates sufficient owls funds to cover the obligations it assumes under this Agreement Each Party recognizes that the performance by the Parties under this Agreement may be dependent upon the appropriation of funds to or by that Party Should any Party fail to appropriate or fail to be appropriated the necessary funds,that Party may withdraw from this Agreement as specified in Section 6 on the last day of the fiscal period for which funds are legally available and,notwithstanding anything to the contrary in this Agreement or Section 5.10 of the Governance Agreement,subject to Board of Directors approval,shall forfeit all or a portion of the equipment and real property owned by such Member that is used in the Network as determined by the Board of Directors Each Party agrees to give notice to the other Parties as soon as reasonably possible after the unavailability of funds comes to the Party's attention Except as otherwise provided in this Section 4.3,the ownership of equipment and real property that is used in the Network shall be governed by Section 5 10 of the Governance Agreement 3 4 4 Each Party understands and acknowledges that claims and lawsuits may be filed for damages resulting from acts or omissions in connection with planning,designing,constructing,operating, maintaining and financing the Network or that other unforeseen costs and expenses may be incurred in connection with the planning,designing, constructing,operating,maintaining and financing the Network The Parties agree that all damages, costs and expenses not specifically provided for in this Agreement, shall be shared by the Parties in proportion to each Party's share of the total weighted votes, in accordance with Section 4 3 6 3 of the Governance Agreement, at the time the claim or lawsuit,whichever first occurs, is first served on any Party or the unforeseen costs or expenses were incurred Each Party shall promptly notify the TRWC and the Administrative Manager upon receipt of a claim or lawsuit relating to the Network The Administrative Manager shall take the lead role on behalf of the TRWC in coordinating the investigation and defense of any claim or lawsuit made in connection with planning,designing, constructing, operating,maintaining or financing the Network Nothing in this section shall preclude any Party,at its expense,from providing its own legal counsel in connection with any claim or lawsuit made in connection with planning, designing, constructing,operating, maintaining or financing the Network Claims and lawsuits include any claims, losses,liability,costs, or expenses(including reasonable attorneys fees)(hereinafter collectively referred to as"Claims")arising out of bodily injury of any person (including death)or property damage. 4 5 The Administrative Manager subject to Board of Directors approval may apply for such federal, state or other grants as are made available for the planning,designing,constructing,operating, maintaining and financing the Network. The Administrative Manager may submit the grant application on behalf of the TRWC in accordance with applicable laws,rules, regulations and procedures Any grant funds received will be used to reduce the cost of the project for which a grant application was submitted The application for or the award of a grant shall not relieve a Party of its obligation to pay costs billed by the TRWC as provided in this Agreement 4 6 Any Party that intends to individually submit a grant application that may benefit the TRWC or the Network shall first submit its proposal and grant application to the TRWC for its recommendation With approval of the Board of Directors,the Party may submit its application to obtain the grant funding Acceptance and use of any grant funds so obtained for the TRWC and the Network is subject to the discretion and approval of the Board of Directors A Party who applies for, is awarded, and accepts grant funds under this paragraph 4 6 is individually responsible for meeting all terms,conditions and obligations of the grant. 4.7. The TRWC's Board of Directors shall adopt procurement procedures 4.8. The TRWC's Board of Directors shall determine what insurance coverage is appropriate to protect the Parties from risks concerning the TRWC and the Network. The Board of Directors shall obtain such insurance on behalf of the TRWC In deciding what insurance coverage and indemnities are appropriate,the Board of Directors may elect to self-insure for all or a portion of the risks. 4.9 The Parties understand and acknowledge that certain Network equipment,hardware, software and other personal property that is held jointly and owned in common by the Parties will become in time unfit or unnecessary for use by the TRWC To provide for the disposal of such surplus Network personal property during the term of this Agreement, each Party agrees to obtain from its legislative or other governing body by ordinance,resolution or other applicable legal action,appropnate authorization enabling the TRWC to sell by public auction,sealed bids, or negotiation any and all surplus Network personal property 5. Obligations as Members.Each Party agrees to become a TRWC Member and to comply with and be subject to the obligations of Members as set forth in the Governance Agreement,including the 4 obligation to contribute to the cost of the Network This Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law 6. Voluntary Termination or Withdrawal as Members.Any Party may voluntarily terminate its participation in the TRWC by providing twenty-four(24)months'prior written notice to the other Parties and complies with the requirements of Section 10.5 and any other provision of the Governance Agreement that addresses voluntary termination or withdrawal from the TRWC 7. Additional Parties.Other cities,towns,counties,and Indian communities and other public agencies, as that term is defined by A R S. § 11-951,shall become additional parties to this Agreement and shall be bound by the terms of this Agreement at such times as those public agencies are admitted as TRWC Members 8. Failure to Pay Financial Obligation. 8 1 If a Party is relieved from payment of its financial obligation to the TRWC as a matter of law,then the TRWC may suspend the Party's right to vote and participate in the affairs of the TRWC until such time as the Party has paid the difference between the Party's share of the costs and the amount the Party has paid for such costs All other obligations of the Party shall remain in effect,except for obligations specifically excused as a matter of law 8 2 Except as provided in paragraph 8 1, if a Party fails to pay a financial obligation within thirty(30)days of the invoice date and then, upon notice by the Administrative Manager of the deficiency, fails to cure the non-payment within thirty(30)days of the date of the deficiency notice,the TRWC shall suspend the Party's right to vote and participate in the affairs of the TRWC until such time as the Party has paid the difference between the Party's share of the costs and the amount the Party has paid for the costs All other obligations of the Party shall remain in effect,except for obligations specifically excused as a matter of law 9. Open Meeting Law. The TRWC, including the Board of Directors,shall comply with A R S §§ 38-431,et seq (Arizona Open Meeting Law)in conducting meetings to the extent the law is applicable. 10. Records; Confidentiality. 10 I The TRWC shall comply with A.R S. §§ 39-121 et seq. (Arizona Public Records Law) in maintaining and providing access to the records of the TRWC 10.2. The TRWC shall make its financial records regarding the planning, designing, constructing,operating, maintaining and financing the Network available to any Party to this Agreement. Such request for inspection shall not be made more frequently than once a month 10 3 Each Party to this Agreement agrees to make available to the TRWC its financial records related to planning,designing,constructing,operating, maintaining and financing the Network. Such request for inspection shall not be made more frequently than once a month 10 4 To the extent permitted by law,the Parties shall treat Network information as proprietary and confidential Network information includes,but is not limited to,technical data, engineering details, construction documents,equipment lists, programming configurations,and operational procedures Any Party who receives a request for information or a public records request concerning the Network shall promptly forward the request to the Administrative Manager for consideration and response 5 11. Conflict of Interest The Parties understand and acknowledge that this Agreement may be subject to cancellation under A R S. §38-511 (Arizona's public employee conflict of interest law)in the event there is a conflict of interest of the type specified in A R S § 38-511 by persons significantly involved in initiating,negotiating,securing, drafting or creating this Agreement 12. Compliance with Applicable Laws.Each Party shall comply with all applicable laws,statutes, ordinances, executive orders,rules,regulations,standards,and codes of federal,state and other .�. governments with jurisdiction over the Party whether or not specifically referred to in this Agreement 13. Cooperation. 13 I The Parties agree to make, sign and deliver all documents and to perform all acts that are necessary to fully carry out the terms of this Agreement. Each of the Parties shall fully cooperate with and assist one another in obtaining all licenses,permits,authorizations,approvals and consents required in the performance of this Agreement Nothing in this Agreement shall be construed or interpreted to require the TRWC to be responsible for dispatching or otherwise causing its Members to respond to an event within another Member's jurisdiction 13 2 In the event any legal proceeding is instituted challenging the authority and power of any of the Parties to execute this Agreement or to perform its terms and conditions,the Parties shall jointly and cooperatively defend the validity of this Agreement 13 3 The Parties may elect and shall have the right to seek specific performance by any Party of any or all of the obligations set forth in this Agreement The Parties agree that specific performance may be sought by way of special action filed in superior court seeking an injunction ordering the Party to perform its obligations under this Agreement The Parties agree not to raise as a defense the position that there is an"adequate remedy at law" The Parties hereby stipulate and consent to the jurisdiction of the superior court in any such special action 14. Amendment. 14 1 This Agreement may be amended only by a written document executed by a duly authorized representative of each of the Parties. 14 2 This Agreement and the Governance Agreement may be amended by one of the following two procedures: 14.2.1. TRWC-Legislative Procedure A proposed amendment to this Agreement including the Governance Agreement attached as Exhibit A shall be submitted for approval to the TRWC's Board of Directors Upon approval of the Board of Directors in accordance with the voting process set forth in the Governance Agreement,each Party shall take appropriate steps in conformity with state and local law to authorize and approve the proposed amendment 14 2 2 Formal Addendum Procedure A proposed amendment to this Agreement or the Governance Agreement shall be presented to each Party in the form of an addendum, and, if approved by the Board of Directors in accordance with the voting process set forth in the Governance Agreement,each Party will take appropriate steps in conformity with state and local law to authorize and approve the amendment 6 .p 14.3. Each Party shall file a copy of the appropriate resolution,ordinance or other recorded action by which its legislative or governing body approved the amendment with the Executive Director of the TRWC 15. Existing and Future Agreements. 15 1 The Parties agree that the provisions of this Agreement shall be incorporated in any future subcontracts between the Parties and any other person, political subdivision or public agency that .•. contracts with the Parties to make use of the Network. 15 2 The Parties agree that they will not enter into subcontracts for the use of the Network without the prior approval of the Board of Directors,which shall have the authority to review the subcontracts for conformity with the rights and obligations set forth in this Agreement 15 3 The Parties agree that this Agreement is a modification of all existing agreements between the Parties in regard to the Network In the event of any conflict, inconsistency,or incongruity between the provisions of this Agreement and any of the provisions of any previous agreement between the Parties, the provisions of this Agreement shall in all respects govern and control 15 4 Nothing in this Agreement shall be construed or interpreted 15 4 I To supersede prior existing mutual aid agreements or radio support agreements between or among the Parties 15 4 2 To prohibit a Party from entering into separate agreements after the Effective Date of this Agreement concerning real estate,buildings and structures, and towers that the Party owns, leases,or licenses and that the Party authorizes and allows the TRWC to use as part of the Network, provided the separate agreements are consistent with this Agreement and compatible with the TRWC's use of the property for the Network 15.4 3 To supersede prior existing agreements concerning real estate,buildings and structures, and towers that the Party owns, leases, or licenses and that the Party authorizes and allows the TRWC to use as part of the Network p 15 5. This Agreement is entered into for the sole and exclusive benefit of the Parties,and no other person shall claim any implied right, benefit or interest in this Agreement The Parties do not intend to create rights in or remedies to any third party as a beneficiary of this Agreement or of any duty, obligation,or undertaking established under this Agreement 16. Notices. 16.1. Any notice,consent or other communications("Notice")required or permitted under this Agreement shall be in writing and either delivered in person,or,deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested,or deposited with any commercial air courier or express service addressed with confirmed receipt to the addresses of each Member that are on file with the Executive Director 16 2 If mailed as provided in Section 16.1 of this Agreement, notice shall be deemed received five(5)days after the Notice is deposited in the U S mail as provided above. If delivered as provided in Section 16.1 of this Agreement,Notices shall be deemed received at the time it is personally served,on the day received as confirmed by any commercial air courier or express services Any time period stated 7 /1.11 AIM Ilk in a Notice shall be computed from the time the Notice is deemed received. A Party may change its mailing address or the person to receive Notice by notifying the Executive Director and the other parties as provided in this paragraph 17. Default and Cure; Alternative Dispute Resolution. 17.1 Each Party agrees that it will perform all duties and obligations agreed to be performed by it under the terms and conditions of this Agreement,and that the unexcused failure of the Party to perform its duties and obligations shall constitute a default under this Agreement In the event of a default by a Party,the Executive Director shall give written notice of the default,specifying the existence and the nature of the default.The defaulting Party shall have thirty(30)days to remedy the default by rendering the necessary performance In the event that the defaulting Party disputes an asserted default,the Party shall perform the disputed obligation, but may do so under protest The protest shall be in writing,and shall precede the performance of the disputed obligation,and shall specify the reasons upon which the protest is based.After performance of the disputed obligation under protest, the Party disputing the asserted default shall have the right to submit the dispute to the TRWC's Board of Directors for a recommendation on a non-binding resolution under paragraph 17 3 17.2. Notwithstanding the provisions of paragraph 17 1, in the event a Member disputes an amount billed, it shall do so in writing to the Executive Director within six(6)months after the invoice date or within sixty(60)days of the end of the fiscal year in which the invoice was issued,whichever is earlier The Member shall pay the disputed amount, but may do so under protest The protest shall be in writing, and shall accompany the disputed payment if not previously paid and shall specify the reason upon which the protest is based After the protest has been filed and the disputed amount has been paid, the dispute shall be handled in accordance with the dispute resolution process specified in paragraph 17 3 Payments not made under protest shall be deemed to be correct. If a protest is not filed within the earlier of six(6)months after the invoice date or within sixty(60)days of the end of the fiscal year in which the invoice was issued,the Member waives its right to file a protest. 17 3 If any dispute,complaint or controversy, including a protest made pursuant to paragraph 17 1 or 17 2,("dispute")arises between or among the Parties under this Agreement,the Parties agree that the dispute shall be brought to the TRWC's Board of Directors for non-binding dispute resolution.The Board of Directors may establish appropriate and prompt procedures to govern the processing of complaints and the internal dispute resolution process. If a Party disagrees with the Board of Directors' determination,the Party may pursue the remedies otherwise provided for in this Agreement or provided at law. 17.4. The Parties agree that notwithstanding the existence of a dispute between or among the Parties, insofar as is possible under the terms of this Agreement, each Party shall continue to perform the obligations that are required of it and that are not related to the dispute The Parties agree that at any point in the internal dispute resolution process,the Board of Directors may adopt and impose an interim emergency remedy to ensure the continuation of essential communication services until the dispute is resolved. 17.5 This Agreement shall not be construed or interpreted to prohibit a Party from seeking injunctive relief for the preservation of property 17.6. In the event a dispute is not resolved pursuant to paragraph 17 3,the Parties agree to use arbitration to the extent required under A R S § 12-133 and A R S § 12-1518 8 18. Waiver The waiver by any Party of any breach of any term, covenant or condition of this Agreement shall not be deemed a waiver of such term,covenant or condition or any subsequent breach of the same or any other term,covenant or condition of this Agreement 19. Performance and Uncontrollable Events. 19 1 All terms and conditions that are to be performed by the Parties or any of the Parties shall be performed at the sole expense of the Party so obligated,and if any other Party pays any sum of money or does any act that requires the payment of money by reason of the failure,neglect or refusal of the obligated Party to perform such term or condition,the sum of money paid by the other Party shall immediately be payable to the other Party by the Party obligated to perform. 19.2. No Party shall be considered to be in default in the performance of any obligations under this Agreement(other than obligations of a Party to pay costs and expenses)if failure of performance is due to an uncontrollable event. The term "uncontrollable event" means any cause beyond the control of the Party affected, including but not limited to flood,earthquake,storm,fire, epidemic,war, riot,civil disturbance or disobedience, labor dispute,and action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage and restraint by court order or public authority, that by exercise of due diligence and foresight the Party reasonably could not have been expected to avoid and that by exercise of due diligence it will be unable to overcome A Party that is rendered unable to fulfill any obligation by reason of an uncontrollable event shall exercise due diligence to remove such inability with all reasonable dispatch. 19.3. If any Party claims that its failure to perform was due to an uncontrollable event,the Party shall bear the burden of proof that such activity was within the meaning and intent of this section, if such claim is disputed by any Party to this Agreement 20. Assignment and Binding Effect.This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns; provided, however, that nothing shall relieve any Party of any obligation under this Agreement,except upon the express written consent of the other Parties 21. Entire Agreement. This Agreement, including the Governance Agreement,contains the entire agreement and understanding among the parties regarding the formation,governance and operations of the TRWC,and supersedes and replaces all related prior negotiations, agreements and proposed agreements,written or oral Each Party acknowledges that no other Party,nor any agent or attorney of any Party,has made any promise,representation,or warranty whatsoever,expressed or implied, not contained in this Agreement and acknowledges that this Agreement has not been executed in reliance on any promise,representation or warranty not contained in this Agreement. This Agreement shall not be amended, modified or supplemented at any time unless in writing 22. Governing Law.This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona applicable to contracts executed and intended to be performed entirely within the State of Arizona by residents of the State of Arizona.Any action at law,suit in equity or judicial proceeding for the enforcement of this Agreement or any provision therefore shall be instituted only in the courts of Maricopa County,Arizona. 23. Severability. If any provision of this Agreement is declared void or unenforceable by a court of competent jurisdiction,the provision shall be severed from this Agreement,which shall otherwise remain in full force and effect if the remaining provisions permit the Parties to obtain the practical benefits of the Network If any law or court of competent jurisdiction prohibits or excuses any Party from undertaking 9 any contractual commitment to perform any act under this Agreement,this Agreement shall remain in full force and effect, but the provisions requiring such action shall be deemed to permit the Party to take such action at its discretion,if such a construction is permitted by law This section shall not limit the discretion of the Parties to suspend a Party's right to vote and participate in the affairs of the TRWC as provided in Section 8,entitled Failure To Pay Financial Obligation 24. Headings. Section headings are inserted in this Agreement solely for convenience and the section .. headings shall not by themselves alter,modify, limit,expand or otherwise affect the meaning of any provision of this Agreement. 25. Counterparts.This Agreement may be signed in counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument [Signatures on following pages] 10 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authonzed officers TOWN OF GILBERT Date By Town Manager Printed Name ATTEST. Town Clerk Printed Name APPROVED AS TO FORM and within the powers and authority granted under the laws of Arizona to the Town of Gilbert Town Attorney Printed Name I IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized officers CITY OF MESA Date By City Manager Printed Name ATTEST City Clerk Printed Name APPROVED AS TO FORM and within the powers and authority granted under the laws of Arizona to the City of Mesa City Attorney Printed Name 12 IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized officers. TOWN OF QUEEN CREEK Date: By Town Manager Printed Name ATTEST. Town Clerk Printed Name APPROVED AS TO FORM and within the powers and authority granted under the laws of Arizona to the Town of Queen Creek Town Attorney Printed Name 13 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers APACHE JUNCTION FIRE DISTRICT Date: By Board Chair Printed Name ATTEST. Board Clerk Printed Name APPROVED AS TO FORM and within the powers and authority granted under the laws of Arizona to the County of Attorney for the Board Printed Name 14 IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized officers. CITY OF APACHE JUNCTION Date �`' By City Manager Printed Name ATTEST City Clerk Printed Name APPROVED AS TO FORM and within the powers and authority granted under the laws of Arizona to the City of Apache Junction City Attorney Printed Name l5 IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized officers RIO VERDE FIRE DISTRICT /'\ Date By Its. Printed Name ATTEST Board of Directors, Clerk Printed Name APPROVED AS TO FORM and within the powers and authority granted under the laws of Arizona to the County of Maricopa County Attorney Printed Name 16 GOVERNANCE AGREEMENT TABLE OF CONTENTS 1. RECITALS 1 2. DEFINITIONS 1 ... 3. PURPOSE AND INTENT OF AGREEMENT 3 3 1 Purpose of Agreement 3 3.2. Confidentiality and Sharing Information 3 4. TRWC STRUCTURE 3 4 1 Network Members 3 4 2 Member Admission 6 4.3. TRWC Board of Directors and Executive Director 7 5. ACCOUNTING,BILLINGS,PAYMENTS,OWNERSHIP 12 5 1 Budget and Expenditure Planning 12 5.2. Network Fees 13 5.3. Area Fees 13 5 4 Subscriber Unit Maintenance and Programming 14 5 5 Capital Improvement Fees 14 5.6. Special Assessments (including Disaster Recovery, Additional 15 Subscriber Units and Talk Groups, Roaming and Other Special Assessments) 5 7 Grants 16 5.8. Member Payments 16 5 9 Billing, Records and Reports 16 510 Ownership 16 18 6. SERVICES 17 6 1 Use of the Network 17 6 2 Requests for Services 17 6 3. Planning 18 6.4 Programming and Reprogramming 18 6 5 Training 20 7. PERFORMANCE 20 71 Coverage 20 7 2. Capacity 20 7.3. Reliability and Availability 20 7 4 Warranty Disclaimer 21 8. OPERATIONAL CONTROL AND DUTIES (PROGRAMMING AND CAPABILITIES) 21 81 Roles 21 8 2 Policies and Procedures 21 8.3. Control Center and Monitoring 21 9. MAINTENANCE 22 9 1 Maintenance Plans 22 9 2 Emergency and Disaster Recovery 22 9.3. Record-keeping Requirements 22 9.4. Responsibility for Repair of Subscriber Equipment 22 10. GENERAL PROVISIONS 22 101. Limitations 22 10 2 Dissolution 23 19 10 3. Conflict Resolution 23 10.4. Insurance 23 10.5 Termination or Withdrawal 23 10 6 Amendments to the Agreement 24 10.7. Entire Agreement 24 10 8 Governing Law 24 10 9 Counterparts 24 10.10. Headings 24 10 11 Assignment and Binding Effect 25 APPENDIX A—PROPOSED FUNCTIONAL ORGANIZATION CHART(5/2/06) 26 20 1. RECITALS This Governance Agreement ("Agreement") supercedes and replaces in its entirety the Governance Agreement dated April 8, 2008 and attached as Exhibit A to the Intergovernmental Agreement to Plan, Construct, Operate, Maintain and Finance the Topaz Regional Wireless Cooperative Network Contract Number 2008-3002-0359 and dated August 7, 2008 by and between City of Mesa, the City of Apache Junction, Apache Junction .•. Fire District, the Town of Gilbert and the Town of Queen Creek. This Agreement has been approved and adopted by all Members This Agreement shall be subject to amendment as provided in this Agreement and shall be valid for the duration of the TRWC's existence. This Agreement shall be binding upon all Members 2. DEFINITIONS Term Definition Account "Account"shall mean a Local Government Investment Pool ("LGIP") or other account established for the purpose of paying, reserving money for or depositing funds for TRWC Network fees, Area fees, capital improvement fees, special assessment fees, grants or any other fees as determined and approved by the Board of Directors. Administrative Manager Administrative Manager"Administrative Manager"shall mean the City of Mesa or any subsequent Administrative Manager(s) and shall be responsible for the day-to-day operations and financial management of the TWRC Alternate "Alternative Representative" shall mean one or more persons that Representative have been designated by a Member to serve as an alternate for a Member's Representative and have the authority specified in this Agreement Area "Area" shall mean a subsection of the Network approved by the Board of Directors that is managed by an Area Manager Area Manager "Area Manager" shall mean the City of Mesa and any other Member that subsequently becomes an Area Manager pursuant to Subsection 4 1 3 Associate "Associate"shall have the meaning set forth in Subsection 4 1 4 Board of Directors "Board of Directors" shall have the meaning set forth in Section 43 Conditional Participant "Conditional Participant"shall have the meaning set forth in Subsection 4.1.6. Executive Director "Executive Director" shall have the meaning set forth in Subsection 4 3 7 Fiscal Year "Fiscal Year"shall mean the accounting period in which all financial transactions will occur The fiscal year for the TRWC will commence on the first day of July and end on the thirtieth day of June unless otherwise agreed to by the Board of Directors. 21 Impact Assessment "Impact Assessment" shall mean an assessment used to identify capital expenses needed to modify the Network. Interoperability "Interoperability" shall have the meaning provided by the Public Safety Wireless Advisory Committee in a 1996 report to the Federal Communication Commission ("FCC") and National Telecommunications and Information Administration ("NTIA") Au Rh. and shall mean "an essential communication link within Public Safety and Public Service wireless communications systems which permits units from two or more different agencies to interact with one another and to exchange information according to a prescribed method in order to achieve predictable results. Interoperability "Interoperability Participant"shall mean an entity that is not a Participant Member authorized by the Board of Directors to use the Network for the purpose of participating in on-going interoperable situations or circumstances. LGIP Account "Local Government Investment Pool Account"shall mean an account set up through the State Treasurer's Office Member "Member"shall mean any entity that executes and becomes a party to the Amended and Restated Intergovernmental Agreement to Plan, Design, Construct, Operate, Maintain and Finance the Topaz Regional Wireless Cooperative Network with an Effective Date ofMay 1, 2012 as more specifically described in Subsection 4.1.1. Network "Network" shall mean the public safety/municipal communications system that includes, but is not limited to, the 700/800 MHz system originally built by TOPAZ. NIMS "NIMS" shall mean the National Incident Management System Numerical Vote "Numerical Vote" shall have the meaning set forth in Subsection 4362 Party/Parties "Party" shall mean any Member or subsequent Member; and .•. "Parties"means all Members. Representative "Representative" shall mean the person designated by a Member to act on behalf of the Member on all matters concerning the TRWC Subscriber Unit "Subscriber Unit" shall mean a voice and/or data unit(operating portable, mobile, and control station) Talkgroup "Talkgroup"shall mean a defined organizational grouping of radio users that need to communicate together. TOPAZ "TOPAZ"shall mean Trunked Open Arizona Network—700/800 MHz Network procured and built by the City of Mesa TRWC "TRWC" shall mean the TOPAZ Regional Wireless Cooperative Network Weighted Votes "Weighted Vote(s)"shall have the meaning set forth in Subsection 4363 22 3. PURPOSE AND INTENT OF AGREEMENT 3.1. Purpose of the Agreement The TRWC is formed for the purpose of improving communications and operations among participating public safety and service entities This Agreement establishes an organizational and management structure for ongoing Network administration, operation, and maintenance, ,A., and establishes a budget proposal process, an accounting process, and the allocation of costs associated with the Network's operations, maintenance, and enhancement for Members. The Members further desire throughout this Agreement to provide a process for admitting other public safety and public service agencies to join and participate in the TRWC according to the rules set forth in this Agreement. The TRWC assumes no responsibility for events occurring within a Member's jurisdiction, rather each Member agrees that it is responsible for responding to events within its jurisdiction The TRWC Board of Directors shall govern the TRWC's continued development and operations. 3.2. Confidentiality and Sharing of Information Network information shall be treated as proprietary and confidential because such confidentiality is essential for public safety. This Network information includes, but is not limited to, technical data, engineering details, construction documents, equipment lists, programming configurations, and operational procedures. Any request for information shall be forwarded to the TRWC Executive Director for consideration. 4. TRWC STRUCTURE The TRWC structure for Network use, operation, maintenance, replacement and enhancement is as follows 4.1 Network Members The following subsections describe the various categories of Membership or other participation 4.1.1. Members The TRWC Members will consist of the entities that execute and become a party to the Amended and Restated Intergovernmental Agreement to Plan, Design, Construct, Operate, 23 Maintain and Finance the Topaz Regional Wireless Cooperative Network with an Effective Date ofMay 1, 2012 and any other entity that is admitted in accordance with Section 4.2 of this Agreement. Entity means any city, town, county, state, Indian nation, fire district or other separately constituted public entity 4.1.2. Administrative Manager As the Administrative Manager, Mesa shall have the following powers and duties 4.1.2.1. Appoint an Executive Director, subject to the approval of the Board of Directors 4.1.2.2. Establish and maintain an accounting and budget system. 4.1.2.3. Collect and disburse funds. 4.1.2.4. Procure general goods and services and professional services for the TRWC 4.1.2.5. Contract with other federal, state, and local agencies as required to carry out the purposes of the TRWC. 4.1.2.6. Serve as a TRWC contracting authority 4.1.2.7. Subject to Board of Directors approval, apply for and, if awarded, accept TRWC grants and donations. 4.1.2.8. Provide reports as required by the Board of Directors. 4.1.2.9. Perform the functions set forth in Subsection 6.4 5 4.1.2.10. Perform all other duties as assigned by the Board of Directors. The TRWC Membership will reimburse the Administrative Manager for all costs incurred for performing Administrative Manager responsibilities. 4.1.3. Area Manager(s) The Area Manager(s) is responsible for the day-to-day operations and maintenance of a specified portion of the TRWC as determined by the Board of Directors The TRWC may designate additional Area Managers as the Network architecture changes to include specialized components or regional Areas or sub-systems The Area Managers shall have the following powers and duties within their designated areas 4.1.3.1. Manage and allocate Subscriber Unit identifications and priorities 4.1.3.2. Manage and allocate Talkgroup identifications and priorities 4.1.3.3. Collect and report TRWC utilization statistical data 4.1.3.4. Maintain, optimize, and backup TRWC databases. 24 4.1.3.5. Operate, inspect and maintain the Network infrastructure 4.1.3.6. Identify,track, and resolve TRWC problems 4.1.3.7. Establish and maintain a disaster recovery plan 4.1.3.8. In conjunction with the Administrative Manager and the Executive Director, participate in planning activities, including --► administrative organizational structure and staffing,Network expansions and enhancements, budget and expenditures, and risk management. 4.1.3.9. Implement the Board of Directors' policies and procedures. 4.1.3.10. Inform the Executive Director of TRWC issues. 4.1.3.11. Perform the functions set forth in Subsection 6 4 5 4.1.3.12. Perform all other duties as assigned by the Board of Directors 4.1.4. Associates A non-governmental entity may become a TRWC Associate if(1) (a) it contracts with the Administrative Manager to use the Network, subject to Board of Directors' approval, (b) it is under contract to a Member for providing public safety or public services and authorized to use the Network to support contracted activities, or (c) is periodically using the Network to support public safety services with an existing Member; and (2) compliant with the conditions as set forth by the Board of Directors Associates have no TRWC voting rights or representation on the Board of Directors The Associate's representative should provide the Executive Director with all appropriate contact information for all notifications The Administrative Manager subject to the Board of Directors' approval may, but is not required to, assess fees and costs including "in kind" compensation against an Associate in an amount determined by the Board of Directors 4.1.5. Interoperability Participants An Interoperability Participant may use the Network to support existing Members with intermittent interoperable situations or circumstances of use if authorized and subject to the conditions established by the Board of Directors. To support Interoperability the TRWC shall follow the NIMS protocols for interoperable communications Interoperability Participants have no TRWC voting rights or representation on the Board of Directors The Interoperability Participant's representative should provide the Executive Director with all appropriate contact information for all notifications The Administrative Manager subject to the Board of Directors' approval may, but is not required to, assess fees and costs including "in kind" compensation against an Interoperability Participant in an amount determined by the Board of Directors. 25 4.1.6. Conditional Participants A non-Member entity may temporarily use the Network for special events, tactical situations or emergency circumstances to support an existing Member(s), but only if authorized by the Board of Directors or the Executive Director Conditional Participants have no TRWC voting rights or representation on the Board of Directors Unless directed by the Board of Directors �••. as a condition to use the Network, no fees and costs will be assessed to the Conditional Participants because their use of the Network is on a short, temporary basis to support existing Members The Conditional Participants shall provide the Executive Director with the name of a designated representative and all appropriate contact information for all notifications 4.2. Member Admission 4.2.1. General Requirements Any governmental entity may apply for TRWC Membership. Subject to the Board of Directors' approval, such applicants shall be admitted as a Member and such membership shall become effective immediately after the following have occurred- • Such applicant has fulfilled the requirements of Subsections 4 2 2 ,4 2 3 and 4 2 4 below, • Such applicant has entered into an agreement with the TRWC that specifies the fee or charges that such applicant shall pay to the TRWC pursuant to Section 5 below, including the costs associated with the process and the cost to cover such applicant's capacity and coverage needs, and • Such applicant has executed and become a party to this Agreement 4.2.2. Application Any governmental entity may apply for Membership by submitting a written request for consideration to the TRWC Executive Director. 4.2.3. Evaluation Factors The TRWC will evaluate requests for new membership using the following factors: • Impact on Network Radio Frequency("RF") coverage; • Impact on the Network Grade of Service ("GOS"), • Interoperability requirements (i.e. extent of wide area roaming for both the existing and new members); • Need for additional infrastructure; • Regulatory constraints, 26 • Applicant's infrastructure; • Applicant's user needs assessment; • Backhaul availability; • Cost impacts, • Impact on current operations, • Roaming impact on existing Members, • Benefits to the TRWC to admit the applicant, and • Additional factors as determined by the TRWC 4.2.4. Admission Process The Board of Directors has the sole and absolute discretion to either summarily deny or consider applicants for Membership status If the Board of Directors elects to consider the application, the TRWC will conduct an analysis to determine costs, risks and benefits to the TRWC. The applicant shall pay the costs of such analysis prior to consideration After completion of the analysis statement, the Executive Director will develop a recommendation, complete with a financial impact and Network operational impact statement for the Board of Directors' consideration If the Board of Directors decides to consider a Membership application, the Board of Directors will vote on such membership. The Board of Directors shall have the sole and absolute discretion to accept or deny applicants for membership The Board of Directors shall establish the initial cost to join the Network 4.3. TRWC Board of Directors and Executive Director The TRWC structure shall consist of a Board of Directors, and an Executive Director, with the duties as discussed below. An organizational chart of the TRWC structure is shown in ..� Appendix A 4.3.1. Composition and General Duties The Board of Directors shall consist of City Managers, County Managers, State of Arizona Department Directors, Regional Agency Directors or others with equivalent authority who are Members in good standing with the TRWC The Board of Directors shall set TRWC policy, develop and maintain a long-range capital budget, develop and adopt an annual budget, and assess the fees listed in Section 5. The Board of Directors may exercise such other powers and duties as authorized under this Agreement Each Member shall be entitled to have one Representative on the Board of Directors. Each Member shall be bound by the acts of its Representative, and the TRWC may rely on the act of a Representative the same as if such act were done by the Member. The Representative or Alternate Representative must be vested with the authority to lawfully act on the Member's behalf with respect to the TRWC 27 AM.. ,... 4.3.2. Chairperson Notwithstanding Subsection 4 3 6 1 to the contrary, a Chairperson shall be elected by the Board of Directors by simple un-weighted majority vote at the first meeting and serve for a two (2) year term, except the initial term of the inaugural Chairperson shall be three (3) years The Chairperson shall be responsible for scheduling Board of Directors meetings, providing agendas and meeting minutes for each meeting, presiding over the meetings and attesting to the accuracy of the meeting minutes. 4.3.3. Vice-Chairperson Notwithstanding Subsection 4.3.6.1 to the contrary, a Vice-Chairperson shall be elected by the Board of Directors by simple un-weighted majority vote at the first meeting and serve for a two (2) year term The Vice-Chairperson shall execute the duties of the Chairperson when the Chairperson is absent from meetings or not available 4.3.4. Board of Directors Meetings The Board of Directors will schedule and conduct regularly scheduled or specially called TRWC Board of Directors meetings, pursuant to Subsections 4 3 4 1 through 4.3.4.6 below. Proper notice and agendas must be provided to the Board of Directors' members in advance of any Board of Directors meeting 4.3.4.1. Regular Meetings The Board of Directors' regular meetings shall be held quarterly, except to the extent that and for such periods of time as the Board of Directors shall determine that regular meetings should be held more or less frequently 28 4.3.4.2. Special Meetings Board of Directors' special meetings may be called by two or more members with the approval of the Chairperson upon a minimum of three (3) working days notice to the other members. In the event of an emergency, a meeting may be scheduled and noticed with less than three (3) working days notice, provided that a Quorum as defined .-ik below is present at such meeting. 4.3.4.3. Executive Sessions Executive sessions may be called as needed by the Board of Directors as permitted under Arizona law. 4.3.4.4. Notice and Agenda The Executive Director shall prepare the notice of meeting and the initial agenda for each regular or special meeting and shall provide the notice and initial agenda to each Board of Directors' member. Each Board of Directors' member shall be entitled to add agenda items by notifying the Chairperson and the Executive Director. 4.3.4.5. Quorum A quorum shall be required to conduct business To constitute a quorum, there shall be at least three Board of Directors' members present and the Weighted Votes in good standing with the TRWC represented constitute an eighty percent (80%) majority of the Weighted Votes. 4.3.4.6. Attendance .. Subject to approval by the Board of Directors, a Member may attend and participate in a meeting by telephone, videoconference, or written proxy and such attendance and participation shall have the same effect as if the Member were present in person 4.3.5. Board of Directors Representation Each Member is entitled to appoint one person to serve as that Member's Representative and shall notify the TRWC in writing of such Member's Representative The Member's Representative appointment is effective when the TRWC receives such written notice. Each Member shall be bound by the acts of its Representative, and the TRWC may rely on the act of a Representative the same as if such acts were done by the Member. The Representative or Alternate Representative must be vested with the authority to lawfully act on the Member's behalf with respect to the TRWC 29 lk 4.3.5.1. Appointment of Alternate Representatives Each Member shall appoint one (1) or more designated persons as that Member's Alternate Representative who may act when that Member is not available. Each Member shall be bound by the acts of its Representative, and the TRWC may rely on the act of a Representative the same as if such act were done by the Member The Representative or Alternate Representative must be vested with the authority to lawfully act on the Member's behalf with respect to the TRWC The names and addresses of all Board of Directors' members, Representatives and Alternate Representatives shall be maintained by the Executive Director. 4.3.5.2. Removal and Replacement A Member may remove or replace its Representative and/or Alternate Representative(s) at any time by giving written notice, including effective resignation date to the TRWC Executive Director. 4.3.6. Board of Directors Voting 4.3.6.1. Voting Calculation It is contemplated that all Members will strive to promote cooperation and the welfare of the TRWC by consensus decision-making. Each Member attending a meeting of the Board of Directors is required to vote on all legal matters to be decided by the Board of Directors at that meeting A failure to vote or a voluntary abstention shall be counted as an affirmative vote unless excused by applicable federal or state conflict of interest laws. Only Members in good standing are allowed to vote The voting rights of a Member shall be suspended for non-payment of the Member's financial obligations to the TRWC. A Member is not in good standing if it has not timely paid its TRWC financial obligations. 4.3.6.2. Numerical Voting All matters shall be decided by a Numerical Vote, provided that any Member may call for a Weighted Vote at any time before or after the Numerical Vote if the call for the Weighted Vote is made before adjournment of the meeting at which the Numerical Vote is taken A Numerical Vote shall pass by the affirmative vote of a majority of the Members of the Board of Directors present and voting. In case of a tie in votes on any motion, the motion shall be considered lost. If a 30 Weighted Vote is taken, the Numerical Vote shall have no effect unless it is in accord with the Weighted Vote. 4.3.6.3. Weighted Voting Each Member of the Board of Directors shall have the number of Weighted Votes that are calculated in accordance with the following formula: Weighted Votes = 100 x (Total of Member's Subscriber Units/Total Network Subscriber Units) provided, however, Mesa's percentage of Weighted Votes shall not fall below twenty-one percent (21%). If Mesa's percentage of Weighted Votes falls below twenty- one percent (21%)then the Weighted Vote of Mesa automatically shall be increased to twenty-one percent (21%) In such case, the Weighted Votes of all the other Members shall be adjusted proportionately so that that the sum of the Weighted Voting percentage of all Members equals one hundred percent(100%) The number of Weighted Votes of each Member shall be recalculated at the beginning of each quarter or whenever a new Member joins the TRWC. A Weighted Vote shall pass by both the affirmative vote of a majority of the Members of the Board of Directors present and the affirmative vote of Members representing eighty percent (80%) of the Weighted Votes of all Members in good standing. If the Weighted Vote does not pass, the original Numerical Vote has no effect A Weighted Vote shall be taken on a roll call basis 4.3 6.4. Voting Topics Topics that require voting include(1) the approval for expenditures not identified in the TRWC annual budget, (2) annual budgets and fee allocations (both capital and O&M); (3) membership, (4) policies, (5) strategic plans, (6) disaster recovery plans; (7) participating in or .� accepting grants, and (8) resolving disputes 4.3.7. Executive Director The Administrative Manager shall appoint an Executive Director, subject to the Board of Directors' approval, to control and coordinate TRWC administrative activities that are assigned to the Executive Director by the Board of Directors The Executive Director will report to the Board of Directors. Duties of the Executive Director include: • Communicating issues to the Members as appropriate to support the mission of the TRWC. • In conjunction with the Administrative Manager and affected Area Manager(s), managing overall planning activities, including administrative organizational structure and staffing, Network expansions and enhancements, budget and expenditures, and risk management 31 • Preparing an annual budget, including fees recommended for approval by the Board of Directors. • Providing billing and cost recovery services following standard accounting practices. • Creating an annual update of the five (5) year plan for approval by the Board of Directors. • Preparing meeting notices, agendas and maintaining meeting minutes for the Board of Directors • Coordinating efforts of the TRWC. • Oversight of the conflict resolution process • Keep or cause to be kept the current version of this Agreement and all other records of each TRWC transaction and shall maintain such records at the TRWC principal office. Said records shall be open for inspection and examination by all Members or their duly authorized representative at all reasonable times • Maintenance of Operating Procedures as directed by the Board of Directors. • Keep or cause to be kept appropriate documentation of all bills of sale, licenses, leases, titles, warranties and operating manuals as approved by the Board of Directors • Providing quarterly budget and expense reports that follow standard accounting practices • Providing quarterly Network performance reports. • Maintenance of an inventory of all Network infrastructure and real property used on behalf of the TRWC. • Maintaining a current record of all contact information for all Members' .•. Representatives and Alternate Representatives. • Performing other duties as directed by the Board of Directors 5. ACCOUNTING, BILLINGS,PAYMENTS, OWNERSHIP The Members shall maintain sufficient balances in their respective Accounts as required by the Administrative Manager Accounts shall be established for Network fees, Area fees, capital improvement fees, special assessments, grants or any other purpose as determined and approved by the Board of Directors At least once every five (5) years, the Board of Directors shall review/revise the Network service Areas that shall be used to estimate and assess the operations and maintenance, and capital fees of the Network The Areas may represent (1) regional geographic areas that experience similar operations and maintenance and capital costs or (2) unique functional requirements 32 The Administrative Manager shall pay all administrative, operating and maintenance, capital, special assessments, and grants specific costs that are incurred for the benefit of the TRWC as a whole and shall draw from each Area Manager's (or Members') respective Account that member's share of the actual costs based on a defined basis as determined by the Board of Directors. If an Area Manager with the approval of the Board of Directors, adds a member to their Area, that Area Manager is responsible for all costs in their Area and billing to the member added to their Area 5.1. Budget and Expenditure Planning 5.1.1. The Executive Director shall prepare a preliminary budget for the subsequent fiscal year by February 1 of each year The preliminary budget shall include all administrative costs, operation and maintenance costs, and planned capital costs. As a part of the preliminary budget, a five fiscal year financial model shall be prepared. The financial model shall include projected revenue forecast and requirements, administrative costs, operation and maintenance costs and planned capital costs All significant issues and financial assumptions influencing the budget and model shall be detailed and included as a part of the presentation. The proposed budget, financial model and the presentation of significant issues and financial assumptions shall be forwarded to the Board of Directors for consideration. The Board of Directors shall adopt each subsequent fiscal year's final administrative, operation and maintenance, and capital budget by April 1 of each year A copy of the adopted budget shall be provided to all Area Managers. 5.1.2. If, at any time during the current fiscal year, the Executive Director has reason to believe that the final estimate of the cost of operating and maintaining the Network approved by the Board of Directors and used to calculate quarterly, (or other period ,^ approved by the Board of Directors) fees for a given operations and maintenance Area exceeds ten percent (10%) of the total, the Executive Director may present a new estimate of the cost of operating and maintaining the Network for that Area to the Board of Directors for approval If the Board of Directors approves the new estimate, it shall be used to recalculate the remaining quarterly, (or other period approved by the Board of Directors) fees due in that fiscal year in that Area. 5.2. Network Fees 5.2.1. The Executive Director shall estimate the annual Network costs to include administration, and operation and maintenance for the Network at large ("Network Costs") for each upcoming fiscal year By no later than February 1, the Executive Director shall present an estimate of the costs to the Board of Directors. The Board of Directors shall approve a final estimate of the cost by April 1, of the year before the fiscal year in question. 33 5.2.2. The Board of Directors shall assess the Network fees on a quarterly basis provided that the Board of Directors may adjust the frequency of the assessed fees The Network fees shall be paid monthly into an appropriate Account by each Area Manager (or Member) on a basis as determined by the Board of Directors 5.2.3. Each Area Manager (or Member) shall deposit the Network fees into an Account that shall only be used for TRWC purposes The Administrative Manager shall draw down the actual cost monthly and provide an actual costs report to each Area Manager or Member The Administrative Manager may change the method of payment for Network Fees subject to Board of Directors' approval. 5.3. Area Fees 5.3.1. Each Area Manager shall estimate the annual Area costs to include administration, and operation and maintenance for the Area ("Area Costs") for each upcoming fiscal year. By no later than February 1, each Area Manager shall present an estimate of the costs to the Board of Directors The Board of Directors shall approve a final estimate of the cost by April 1, of the year before the fiscal year in question. 5.3.2. Subject to Board of Directors' approval, each Area Manager shall assess the Area fees on a quarterly basis, however, the Area Managers may adjust the frequency of the assessed fees The Area fees shall be paid monthly by each Area's Members, on a basis as determined by the Area Manager subject to the Board of Directors' approval. The Area fees shall be calculated as determined by the Board of Directors. 5.3.3. Each Area Manager shall determine the method of payment for the Members within their area. 5.4. Subscriber Unit Maintenance and Programming 5.4.1. The cost of Subscriber Unit maintenance shall be borne by the owner of those Subscriber Units and not the TRWC 5.4.2. All Network and Subscriber programming shall be done by entities authorized by the TRWC. The cost of such Subscriber programming and any other related costs shall be paid by the Members receiving the service Any general Network programming cost shall be paid by the TRWC and billed to the Members based on an approved allocation method 5.5. Capital Improvement Fees 5.5.1. The Executive Director shall estimate the cost of replacement of assets used by the Network (exclusive of real property and other items identified in subparagraph 5.10.1) and Network improvements for each upcoming fiscal year and future years. By no later than February 1, the Executive Director shall present an estimate of the costs to the 34 Board of Directors. The Board of Directors shall approve a final estimate of the costs by April 1, of the year before the fiscal year in question 5.5.2. The Board of Directors shall assess to the Members of each Area (or other period approved by the Board of Directors) a monthly fee that covers the total cost of replacement of assets used by the Network (exclusive of real property and other items identified in subparagraph 5.10 1) and Network improvements approved by the Board of Directors for the current fiscal year for the applicable Area. The fees shall be paid monthly into an appropriate Account by each Area Manager, calculated as determined by the Board of Directors 5.5.3. Each Area Manager shall deposit the capital improvement and replacement fees, if any, collected into an appropriate Account that shall only be used for TRWC Network capital improvement and replacement activities The Administrative Manager shall draw down the actual costs monthly and provide an actual costs report to each Area Manager. 5.5.4. If a Member brings assets to the TRWC that provide significant benefit to the TRWC as a whole or in a particular Area, and the Board of Directors accepts these assets on behalf of the TRWC, the capital fee assessed to that Member shall be reduced commensurately with the value of the benefit as determined by the Board of Directors. 5.6. Special Assessments (including Disaster Recovery,Additional Subscriber Units and Talk Groups,Roaming and Other Special Assessments) 5.6.1. The Board of Directors may assess other fees on an as-needed basis to pay the costs of disaster recovery, payment for uninsured casualty loses, regulatory fines or insurance deductibles, the use of the Network by an Interoperability Participant, Conditional Participant, or Associate or to pay the costs of special projects that do not benefit all Members in a reasonably proportionate manner Such fees may be assessed in any manner as approved by the Board of Directors and need not be equal among Members. 5.6.2. When an existing Member(s) wishes to add a number of subscriber units, talk groups, roaming profile or other capacity issues to the Network that are expected to impact Network performance for other Member(s), the TRWC shall assess a fee to the relevant Member(s) that covers the cost of a study that determines the full costs and full benefits of the additional subscriber units on other existing Member(s). The study shall consider the impacts on the existing Network and existing Member(s), including but not limited to, controllers, base stations, facility capacity, traffic capacity, roaming capacity, and microwave/fiber capacity 5.6.3. The TRWC shall also assess a fee as approved by the Board of Directors to Member(s) that covers the costs necessary for the TRWC to provide initial service to the additional subscriber-units If these costs include investment in infrastructure necessary to increase Network capacity, and the infrastructure that must be purchased for such capacity could ultimately be used to handle additional subscriber units beyond the 35 p ..... amount requested by the Member(s), the TRWC or the Area Manager may enter into a capacity agreement that provides for reimbursement of a portion of these costs, if and when additional subscriber units are brought onto the Network 5.6.4. The TRWC shall also assess a fee as approved by the Board of Directors to Member(s) that covers the costs imposed by the additional subscriber units, talk .,.. groups, roaming profile or other capacity issues on existing Member(s). Fees so collected must first be used by the TRWC to make the harmed existing Area Manager whole. The Member(s) are to receive the same services and benefits they receive from the TRWC before the additional subscriber units were put into service 5.6.5. Special Assessments shall be deposited into an appropriate Account that shall only be used to pay the costs of the projects for which the assessment is imposed. The Executive Director may use this Account without prior Board of Directors' approval only in the event of a major failure, disaster or force majeure event that necessitates immediate action to restore the Network to operating condition 5.7. Grants 5.7.1. The Administrative Manager may proceed to obtain grant funding for the TRWC with the Board of Directors' approval. Any matching funds required by a grant towards a network wide project will be assessed to the Members based on an appropriate allocation method determined by the Board of Directors. The Administrative Manager will deposit Network related grant funds to the Member's Account or other appropriate account If any matching is required related to the Network project, the Member(s) will deposit the appropriate funds to their respective Account or other appropriate account as directed by the Board of Directors in its sole and absolute discretion 5.7.2. Member(s) may proceed individually to obtain grant funding for assessed TRWC System projects. Acceptance and use of these Grant funds is at the ,— discretion and approval of the Board of Directors if the Members' grant request is tied to a TRWC System project The Member that is awarded the grant remains responsible for meeting all of the terms, conditions and obligations of the grant. 5.8. Member Payments 5.8.1. Each Member shall pay the fees levied against it by the TRWC. 5.9. Billing,Records and Reports 5.9.1. Upon reasonable notice, TRWC non-privileged accounting records and reports are subject to Member review 5.9.2. The Executive Director will prepare and deliver to the Board of Directors annual and quarterly reports. Special Reports will be prepared as requested by the Board of Directors 36 5.10. Ownership 5.10.1. Ownership of Assets Each Area Manager and Member shall continue to be responsible for all real estate and real property, including fixtures thereto, and personal property that the Area Manager and .. Member owns, leases, licenses or otherwise allows to be used by the Network. Real estate and real property, including fixtures thereto, and personal property shall not be transferred to the TRWC This without limitation shall include- • Real estate • Buildings and structures • Towers • Network Hardware and Software • Frequencies Otherwise, subject to the Board of Directors' approval, Network hardware and software used to operate the Network may be owned by the TRWC Any Member(s) that brings in real estate, building and structures and towers must maintain the operational integrity and capacity necessary to operate the Network as defined in the applicant's user needs assessment 5.10.2. Transfer or Assignment of Ownership of Assets Notwithstanding anything to the contrary in this Agreement, all Network hardware and software purchased by the Area Manager or Members and used to operate the Network shall be owned by that Area Manager or Member unless replaced by the TRWC at TRWC's cost. 6. SERVICES 6.1. Use of the Network When using the Network each Member, Associate, Interoperability Participant, and Conditional Participant shall abide by all policies, procedures and guidelines established by the TRWC 6.2. Requests for Service 6.2.1. Routine or Normal Routine services consist of Members using their day-to-day talkgroups in a manner that is consistent with normal operations In►tial Member talkgroups, feature sets, encryption usage, priorities and roaming allowances ("Member Capabilities") are established upon the time of 37 ,.. becoming a Member. The Member capabilities may be subsequently changed pursuant to recommendations by the Executive Director and subject to approval by the Board of Directors. 6.2.2. Emergency or Tactical „Mk On certain occasions there could be a need for emergency or tactical operations that may require TRWC Executive Director notification and/or authorization This may include: changes in Member capabilities, requests for dynamic regrouping, console patching, or talkgroup merging It could also entail the need for temporary Network authorization for non- Members In most cases Member talkgroups and operational plans adequately provide for emergency and tactical scenarios without the need for TRWC Executive Director notification or authorization Due to the nature of public safety emergencies, Members have the flexibility to act as necessary, as deemed by their respective dispatch and incident commanders in the time of emergency situations that fall outside of normal operations Members shall promptly notify the TRWC's Executive Director of changes necessitated by the emergency. 6.3. Planning Any Member desiring expanded services shall make these requests to the TRWC Executive Director The TRWC Executive Director will work with the Area Manager and/or Member as necessary in evaluating and planning for the request Examples include a request to add sites to the Network to increase a Member's in-building coverage or to implement a Network upgrade in order to receive a new feature. These types of requests require detailed assessment and planning due to their potential technical and cost impacts to all Members. The allocation of the costs for such detailed assessments and planning services will be reviewed by the Executive Director and subject to the approval of the Board of Directors 6.3.1. Needs Assessment It is anticipated that Members may request assistance with a needs assessment based on the current and ongoing communications needs and priorities. Depending on the nature of the required assessment, the Executive Director may designate a sub-group or hire third-party services to conduct the assessment subject to the Administrative Manager's approval A fee may be required for this service. 6.4. Programming and Reprogramming All Network subscribers must be programmed or re-programmed with a valid Network key In order to maintain the highest level of Network security, all Network subscribers programming is performed by entities authorized by the TRWC All subscribers to be programmed or reprogrammed must have valid programming templates that have been approved by the Administrative Manager. 38 6.4.1. Talkgroups A talkgroup is a defined organizational grouping of radio users that need to communicate together. When two or more radio users select the same talkgroup on their radios, all radio users with that talkgroup selection hear the transmitted audio. A talkgroup plan is a summary of all defined radio talkgroups. This plan is then used to develop the radio template that is the programming data for the individual radios TRWC talkgroups are "owned" by the agency that uses a talkgroup for primary business operations Authority to assign or release a talkgroup for use by other entities resides with the owner of the talkgroup A number of existing TRWC talkgroups are designated as interoperability talkgroups. Interoperability talkgroups are assigned a single agency owner by the Administrative Manager Each Member is responsible for the development of their talkgroup plans Talkgroup plans are designed to support Member's public safety and public service operations and have a direct impact to the Network performance Talkgroup plans are approved for use on the Network by the Administrative Manager. 6.4.2. Priorities The Executive Director, subject to the Board of Directors' approval, shall establish priority levels for the individual talkgroups on the Network In general, priorities are assigned highest to lowest for emergency calls, public safety, public service and general government users, respectively. Emergency calls are for when immediate assistance is needed and are initiated by activating the emergency button on the subscriber unit 6.4.3. Use Area and Roaming The TRWC Network is composed of multiple radio communications sites and is configured in a mix of simulcast cells and individual repeater (IR) sites Site access restrictions and roaming restrictions will be imposed to manage traffic loading because the Network has limited capacity. The Executive Director, subject to the Board of Directors' approval, shall grant talkgroup site and roaming authorization, as necessary, to support Member business operations. 6.4.4. Encryption The Executive Director shall assess, evaluate and act upon requests from any Member or applicant desiring the use of the encryption and Over-The-Air-Re-keying (OTAR) capabilities of the Network 39 The TRWC Network supports radio encryption and OTAR. The Mesa Police Department and any other authorized entity are responsible for the generation, distribution, storage, destruction and maintenance of their respective encryption materials. The Mesa Police Department and any authorized entity shall have established procedures, approved by the Board of Directors, for supporting their respective encryption operations on the TRWC Network 6.4.5. Network Management The Administrative Manager and Area Manager(s) are responsible for Network Management. Network Management responsibilities include • Subscriber ID management and allocation. • Subscriber priority management • Talkgroup ID management and allocation • Talkgroup priority management. • Implementing established policies and procedures governing the operations of subscribers on the Network • Producing and collecting statistical data and reports for Member Network utilization • Database maintenance, optimization, and back-ups • Problem identification,tracking, escalation, and resolution • Notwithstanding anything to the contrary in this Subsection 6.4.5, the Administrative Manager shall be solely responsible, unless delegated by the Administrative Manager to an Area Manager, for system wide Network configuration and management 6.5. Training Each Member shall ensure that its users are properly trained prior to any use of the Network. 7. PERFORMANCE The Network was designed and implemented following design and evaluation standards for public safety systems During the technical analysis phase for adding new Members to the Network, the TRWC shall follow the TRWC design criteria and evaluation standards to protect both current and future Members. 40 7.1. Coverage The initial RF coverage performance metrics are shown for the areas as depicted on the RF coverage maps with a 12dB margin for portable in-building coverage The RF coverage maps are housed with the Administrative Manager for the coverage areas. The TRWC shall maintain, or improve upon, RF coverage performance as the Network is upgraded and/or expanded, to ensure that the established minimum coverage standard is in place throughout the Network 7.2. Capacity Unless the Board of Directors agree otherwise, the Grade of Service (GOS) performance metric for public safety is defined as five percent (5%). This means that no more than five percent(5%) of transmissions would receive a system busy upon initial Push to Talk ("PTT") during the busy hour for the Network Member roaming allowances and interoperable talkgroup agreements will have an impact on the existing Network GOS Without Network capacity increases, Members will not be allowed full Network roaming for day-to-day talkgroups, but, with permission from the TRWC, may have access to interoperable talkgroups that roam. The TRWC shall maintain, or improve upon, the GOS as the Network is upgraded and/or expanded to ensure that the established minimum Network capacity standard is in place 7.3. Reliability and Availability The TRWC intends to maintain the existing Network coverage and capacity requirements; however, there are no guarantees for Network reliability and availability for new Members when operating within the existing service territory. It is anticipated that there may be situations where certain constraints or permissions are recommended and deployed to assist with capacity control during the new Member evaluation process These will be explored and discussed with each applicant on a case-by-case basis. 7.4. WARRANTY DISCLAIMER: ALL MEMBERS DISCLAIM ALL WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, APPLICABLE OR RELATING TO THE EQUIPMENT, SUPPLIES, MAINTENANCE OF THE EQUIPMENT, OR OTHER OR ITEMS PROVIDED UNDER THE AGREEMENT BY ANY MEMBER(S), INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MEMBERS ALSO HEREBY WAIVE ANY RIGHTS AND REMEDIES TO MAKE A CLAIM INCLUDING, WITHOUT LIMITATION, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR ANY REASON WHATSOEVER, BASED ON THE OPERATION AND MAINTENANCE OF THE NETWORK BY THE ADMINSTRATIVE MANAGER(S) AND/OR THE AREA MANAGER(S). 41 AIN 8. OPERATIONAL CONTROL AND DUTIES (PROGRAMMING AND CAPABILITIES) 8.1. Roles The Network databases contain critical information and must be properly managed and archived. The Network databases contain information related to subscriber radios, radio users, talkgroups, fleet mapping, site preferences, roaming privileges, Network operational parameters, user accounts, passwords, and access privileges as described in Operational Policies and Procedures. All Network Databases shall be programmed, maintained, and managed in a manner consistent with minimizing the degradation of operational performance and the loss or corruption of data The Administrative Manager and Area Manager(s) are responsible for the programming, maintenance, and backup of the TRWC Network Databases. 8.2. Policies and Procedures The Executive Director shall maintain, subject to Board of Directors' approval, the TRWC policies and procedures. At a minimum, the Executive Director shall review the TRWC policies and procedures bi-annually Revisions to the policies and procedures shall be approved by the Board of Directors The Executive Director may consider specific revisions upon request. 8.3. Control Center and Monitoring The Administrative Manager and Area Manager(s) shall utilize the TRWC Network monitoring equipment that reports Network faults and outages in real time 9. MAINTENANCE 9.1. Maintenance Plans The Administrative Manager shall determine Network maintenance standards and responsibilities, subject to approval by the TRWC Board of Directors The Area Managers are responsible for maintaining the Network equipment (not Subscriber Units)to the level of performance as determined by the Board of Directors The Members shall be properly notified of any scheduled and unscheduled service affecting Network maintenance activities that have a potential impact to the operational capabilities of the Network or the subscriber's usage of the Network. 9.2. Emergency and Disaster Recovery The Executive Director shall establish and maintain a disaster recovery plan, subject to approval by the TRWC Board of Directors. 42 9.3. Record-keeping Requirements The Executive Director shall establish and maintain inventory and maintenance records for all elements of the Network 9.4. Responsibility for Repair of Subscriber Equipment Each Radio Network Participant is responsible for the maintenance and repair of its own Subscriber Units and related equipment The TRWC policies and procedures for Network keys, encryption keys, and configuration programming shall apply when maintaining and repairing subscriber equipment 10. GENERAL PROVISIONS 10.1. Limitations Subject to applicable law, no TRWC director shall be liable to the TRWC for money damages for any action taken or any failure to take action as a director. To the extent permitted by law, the TRWC shall indemnify any officer, Executive Director, Administrative Manager, Area Manager, Representative, or Alternative Representative (each "Indemnified Party", collectively "Indemnified Parties") from any liability or expense sought or imposed because such person is made party to a proceeding because he/she is an officer, Executive Director, Administrative Manager, Area Manager, Representative, or Alternative Representative of the TRWC No Indemnified Party shall be personally liable to the TRWC or its Members for monetary damages for breach of fiduciary duty as a director, Officer, Executive Director, Administrative Manager, Area Manager, Representative, or Alternative Representative, provided, however, that this Section 10 1 shall not eliminate or limit the liability of an Indemnified Party to the extent provided by applicable law for (i) the amount of financial benefit received by an Indemnified Party to which the Indemnified Party is not entitled; (it) an intentional infliction of harm on the TRWC or its membership; (iii) a .•. violation of Section 10-833 of the Arizona Revised Statutes, or (iv) an intentional violation of Arizona law. The limitation of liability provided herein shall continue after the Indemnified Party has ceased to occupy such position as to acts or omissions occurring during such director's term or terms of office, and no amendment or repeal of this Section 10 1 shall apply to or have any effect on the liability or alleged liability of any Indemnified Party for or with respect to any acts or omissions of such Indemnified Party occurring prior to such amendment or repeal 10.2. Dissolution If the Board of Directors determines that it is not feasible or desirable to continue the TRWC activities, then assets of the TRWC shall be returned to the Members in proportion to their contributions to the TRWC 43 10.3. Conflict Resolution 10.3.1. Mediation If a complaint, dispute or controversy (hereinafter complaint) arises between any of the Parties to this Agreement, it is hereby agreed that the complaint shall be brought to the TRWC Board of Directors for non-binding conflict resolution The Board of Directors shall have the authority to establish appropriate and reasonably prompt procedures to govern the processing of all complaints and an internal conflict resolution process The Parties agree that, at any point in the conflict resolution process, the Board of Directors may adopt and impose an interim emergency remedy to ensure the continuation of essential communication services until the matter is resolved. Nothing in this Agreement shall prohibit any Party from seeking injunctive relief for the preservation of property. In the event any of the conflict resolution procedures are ruled unlawful or made unlawful by statute, the other terms of this Agreement are declared separate and severable and shall remain in full force and effect. 10.4. Insurance The Area Managers, subject to the Board of Directors' approval, shall determine the appropriate insurance coverage for TRWC insurable assets and liability exposures 10.5. Termination or Withdrawal Any Member may voluntarily terminate its participation in the TRWC by providing twenty- four (24) months written notice to the Board of Directors; provided that the terminating Member (a) relinquishes all Network equipment purchased or partially purchased by the TRWC, (b) transfers or relinquishes any unexpended TRWC Accounts which have been .•. collected for the replacement of equipment; (c) pays all fees and charges owed to the TRWC up to and through the effective date of termination, and (d) agrees to such additional or alternative terms and conditions as may be unanimously established by all Parties, including the terminating Party 10.6. Amendments to the Agreement Any Member may propose an amendment to this Agreement to the Executive Director The Executive Director will make a recommendation to the Board of Directors The Board of Directors shall vote on any amendments brought to it by the Executive Director. An amendment to this Agreement shall be effective when approved by the Board of Directors This Agreement may be amended by the Board of Directors by a vote of eighty percent (80%) of the Weighted Votes with at least three (3) members of the Board of Directors voting in favor of the amendment. 44 10.7. Entire Agreement This Agreement contains the entire agreement and understanding among the Parties concerning the subject hereof and supersedes and replaces all prior negotiations, agreements and proposed agreements, written or oral, relating thereto Each of the Parties hereto acknowledges that no other Party, nor any agent or attorney of any Party, has made any promise, representation, or warranty whatsoever, expressed or implied, not contained herein concerning the subject matter hereof, to induce it to execute this Agreement and acknowledges that this Agreement has not been executed in reliance on any promise, representation or warranty not contained herein This Agreement shall not be amended, modified or supplemented at any time unless by in writing executed by the Parties hereto. 10.8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona applicable to contracts executed and intended to be performed entirely within the State of Arizona by residents of the State of Arizona. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement or any provision therefore shall be instituted only in the courts of Maricopa County, Arizona 10.9. Counterparts This Agreement may be signed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument This Agreement shall become effective upon execution of the Agreement by all parties. Upon full execution, the effective date of this Agreement shall be deemed May 1, 2012 10.10. Headings Article and section headings are inserted herein solely for convenience and the same shall not by themselves alter, modify, limit, expand or otherwise affect the meaning of any provision of this Agreement. 10.11. Assignment and Binding Effect This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns, provided, however, that nothing herein shall relieve any Party of any obligation under this Agreement, except upon the express written consent of the TRWC 45 ... APPENDIX A—Proposed Functional Organization Chart rm.' Executive Director TRWC Board of Directors ----- / / \ \NNX:'''''''''.....„._ TRWC Area Mgr ber Member Member Member', Member Area Mgr Member I Member 1 Area Mgr Administrativ MESA BERT APACHE AJFD QUEEN FUTURE FUTURE FUTURE ;FUTURE FUTURE Manager JUNCTIC CREEK j i j 0 Existing Sub-Systems 1 I Future/Potential Sub-System B pA 7 I I Future/Potential Sub-System C a.,V II., „,.... 46 ROLL CALL VOTE NOTES: / Utql ITEM # ' MEETING QF - � MOTION BY: Y-A/ SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER VICE MAYOR DIETZ V / COUNCILMEMBER WALDRON If/ COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL w. CONSENT AGENDA ITEMS NO. 1-7 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-21, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION ENHANCEMENT PROGRAM AND CERTIFYING THAT THE APPLICATION• (1)MEETS THE COMMUNITY'S IDENTIFIED TRANSPORTATION NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-20, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS FOR FUNDING FOR THE PARKS AND RECREATION DEPARTMENT'S FIT FAMILY PROGRAM IN AN AMOUNT NOT TO EXCEED $13,800, AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO 12-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS FOR FUNDING FOR THE CENTER'S HEALTH CAREERS INITIATIVE PROGRAM IN AN AMOUNT NOT TO EXCEED $22,000, AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS FOR FUNDING FOR THE EAST VALLEY ADULT RESOURCES' MEALS WHILE YOU HEAL PROGRAM IN AN AMOUNT NOT TO EXCEED $25,000; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO PLAN, CONSTRUCT, OPERATE, MAINTAIN AND FINANCE THE TOPAZ REGIONAL WIRELESS COOPERATIVE NETWORK Pp ACHE vG .► y�- of 4pache Junction 13 Z Houle of the Superstition :\I ounheiuls 4Rizot* Print TO: City Manager's Office FROM: Mayor Insalaco DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION OF THE CITIZEN OF THE YEAR AWARD BY MAYOR INSALACO AND SPONSORED BY THE APACHE JUNCTION NEWS POSTHUMOUSLY TO GARY MULHOLLAND. THE AWARD WILL BE ACCEPTED BY SUSIE MULHOLLAND. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Mayor Insalaco will present the Citizen of the Year award posthumously to Gary Mulholland. The award will be accepted by Susie Mulholland FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available Pp ACHt 4-0- City o_f'Apache Junction U � Home of the .S upetstitron *I ountcrins Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 12-22, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES" 2. Will HUMAN RESOURCES DIRECTOR LIZ RILEY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. Pp AC H? Gyro C;io o Apache Junction Honic o f the .S tzper:c/itzon 1 oiintains .4pizoto:9 Print TO: City Manager's Office FROM: Liz Riley, Human Resources Director DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Organizational Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 12-22, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES," REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: ECOMMENDATION: ATTACHMENTS: Click to download U Cover Memo D Resolution No. 12-22 1 pQACHE�6 i• z xK To: The Honorable Mayor Insalaco and City Council Members Through: George Hoffman, City Manager From: Elizabeth H. Riley, Director of Human Resources Date: May 17, 2012 Subject: 2012 Amendments to the City of Apache Junction Personnel Rules The draft of the 2012 Amendments to the City of Apache Junction Personnel Rules was submitted to the Mayor and Council Members on April 12, 2012. The amendments were presented and discussed at the April 30, 2012 Council work session. During the period after the April 30, 2012 presentation to, and discussion with City Council, the following amendments have been made and are attached for incorporation into the Rules. Rule Section Revision Summary 3 2 Removed reference to ASRS and replaced General Loyalty Oaths with ARS Provisions 3 3 Reinstated requirement of police officers to General Residency reside within a 25 minute response time and Provisions Requirements and indicated on a case by case basis the city Use of City Vehicle manager has the authority to provide a written waiver of residency requirement 8 6 With the transition to the AZ MT(health Attendance Leave of Absence insurance pool), employees on a leave of and Leaves without Pay absence without pay, must now pay the full premium for health and dental insurance through COBRA The amendment to this section clarify this and the section has been organized in sections for ease of reading 8 10 Added: "With approval of the Human Attendance Administrative Leave Resources Director, . . . " and Leaves This is the practice Department of Human Resources City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480 474 2617 Service Over and Above the Rest SOAR 2 I am hopeful that presenting these items to you and allowing you to ask questions will provide a greater understanding of the most recent amendments. Action requested: It is requested that you approve the 2012 Amendments to the Personnel Rules, to include the amendments set forth in this communication. The Rules will be an agenda item on the June 4,2012 Council Work Session and an agenda item at the June 5, 2012 Regular Council meeting. The amendments developed after the April 30,2012 Council Work Session are attached to this memo in tracking mode. Attachments c: B. Powell A Jackson J. Brooks Department of Human Resources City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480 474 2617 Service Over and Above the Rest SOAR RESOLUTION NO. 12-22 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES, " REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, A R S '5 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the Office of the clerk of the municipality and are made available for public use and inspection, and WHEREAS, pursuant to A R S. §§ 9-801 (1) and 9-802, such codes or public record include regulatory provisions such as personnel rules; and WHEREAS, it is the intent of the City to declare such documents and compilations as public records, on file in the Office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS . SECTION I IN GENERAL That certain document entitled "2012 Amendments to the City of Apache Junction Personnel Rules" three copies of which are on file in the Office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the City Clerk. RESOLUTION NO. 12-22 PAGE 1 OF 3 SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the provisions or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION V DECLARING AN EMERGENCY The immediate operation of the provisions of this Ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency shall be in full force and effect from and after its passage adoption and approval by mayor and Council of the City of Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. 12-22 PAGE 2 OF 3 APPROVED AS TO FORM• RICHARD J. STERN City Attorney RESOLUTION NO. 12-22 PAGE 3 OF 3 ROLL CALL, TE NOTES: (I t 1) ,1 l HIY ) (-0 / l \ ‘4)/ ITEM # MEETING OF MOTION BY:_______L____Itx SECONDED BY. ‘"II YES NO ABSTAINED COUNCILMEMBER BARKER VICE MAYOR DIETZ V COUNCILMEMBER WALDRON COUNCILMEMBER SERDY I COUNCILMEMBER WILSON I ____ _ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ,y` ITEM NO. 10 I MOVE THAT RESOLUTION NO. 12-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES", REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY, (BE APPROVED) OR(BE DENIED). PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1383, ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES" 2. Will HUMAN RESOURCES DIRECTOR LIZ RILEY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item9 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. pR AC Ht y`- Of paChe Junction z Home of`the .i iipet:r/itioil .1,1 ouh/tains gRlzoNh Print TO: City Manager's Office FROM: Liz Riley, Human Resources Director DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO. 1383, ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES", REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: `ECOMMENDATION: ATTACHMENTS: Click to download U Cover Memo © Ordinance 1383 1 0 C4#1t0NP` To: The Honorable Mayor Insalaco and City Council Members Through: George Hoffman, City Manager From: Elizabeth H Riley, Director of Human Resources Date: May 17,2012 Subject: 2012 Amendments to the City of Apache Junction Personnel Rules The draft of the 2012 Amendments to the City of Apache Junction Personnel Rules was submitted to the Mayor and Council Members on April 12, 2012. The amendments were presented and discussed at the April 30,2012 Council work session During the period after the April 30, 2012 presentation to, and discussion with City Council, the following amendments have been made and are attached for incorporation into the Rules Rule Section Revision Summary 3 2 Removed reference to ASRS and replaced General Loyalty Oaths with ARS Provisions 3 3 Reinstated requirement of police officers to General Residency reside within a 25 minute response time and Provisions Requirements and indicated on a case by case basis the city Use of City Vehicle manager has the authority to provide a '" written waiver of residency requirement 8 6 With the transition to the AZ MT(health Attendance Leave of Absence insurance pool), employees on a leave of and Leaves without Pay absence without pay, must now pay the full premium for health and dental insurance through COBRA The amendment to this section clarify this and the section has been organized in sections for ease of reading 8 10 Added. "With approval of the Human Attendance Administrative Leave Resources Director, . . . " and Leaves This is the practice. Department of Human Resources City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480 474.2617 Service Over and Above the Rest SOAR ... 2 I am hopeful that presenting these items to you and allowing you to ask questions will provide a greater understanding of the most recent amendments. Action requested. It is requested that you approve the 2012 Amendments to the Personnel Rules, to include the amendments set forth in this communication. The Rules will be an agenda item on the June 4, 2012 Council Work Session and an agenda item at the June 5, 2012 Regular Council meeting. The amendments developed after the April 30, 2012 Council Work Session are attached to this memo in tracking mode Attachments c: B. Powell A. Jackson J Brooks Department of Human Resources City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480 474 2617 Service Over and Above the Rest SOAR ORDINANCE NO 1383 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES"; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, certain provisions of the existing City of Apache Junction Personnel Rules need to be revised to reflect general changes consisting of language and punctuation clarification, the process of notifying employees of paid and observed holidays, amending the on-call compensation for employees, and bringing the leave of absence without pay into alignment with Arizona Metropolitan Trust (AZMT) , the City' s health insurance plan beginning fiscal year 2012/13, and WHEREAS, Resolution No 12-22 declares as public record the document entitled "2012 Amendments to the City of Apache Junction Personnel Rules"; and WHEREAS, A.R.S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801 (1) and 9-802, public records may be adopted by reference include those relating to personnel rules . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That certain document known as "2012 Amendments to the City of Apache Junction Personnel Rules", three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 12-22 of the City of Apache Junction, is hereby referred to, adopted, and made a part hereof ORDINANCE NO. 1383 PAGE 1 OF 3 as if fully set out in this ordinance, pursuant to A.R S. '5 9- 802 . SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the provisions or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION V DECLARING AN EMERGENCY The immediate operation of the provisions of this Ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency shall be in full force and effect from and after its passage adoption and approval by mayor and Council of the City of Apache Junction PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 JOHN S . INSALACO Mayor ATTEST: ORDINANCE NO. 1383 PAGE 2 OF 3 KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney ORDINANCE NO 1383 PAGE 3 OF 3 ROLL CALL VOTE NOTES' \))' djil' e ur i 1 i l 1 ) ill ITEM # MEETING OF MOTION BY 1l SECONDED BY: CAV YES NO ABSTAINED COUNCILMEMBER BARKER ' VICE MAYOR DIETZ `/ COUNCILMEMBER WALDRON i COUNCILMEMBER SERDY J COUNCILMEMBER WILSON MAYOR INSALACO 'fir UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ;v ROLL CALL VOTE NOTES: \ \II?) ITEM # rt MEETING OF (AL)MOTION BY: SECONDED BY: (A YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON ,/ VICE MAYOR DIETZ MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL AM. Aloft ITEM NO. 11 I MOVE THAT ORDINANCE NO 1383 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No. 1383 by title only with the emergency clause. Majority vote required) I MOVE THAT ORDINANCE NO. 1383, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1383, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. ppACt:ft ",o City oJ4pache Junction 2 Home of the Superstition Mountains Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: ACCEPTANCE OF RESIGNATION OF CLARK SMITHSON. SELECTION OF APPLICANT TO FILL VACANCY CREATED BY THE RESIGNATION OF CLARK SMITHSON OR DIRECTION TO STAFF ON PROCESS FOR FILLING THE VACANCY ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION; This item was discussed at the June 4 work session. Council must first accept the resignation of Clark Smithson and can then fill the vacancy using applicants from the most recent process or direct staff to pursue some other options. FISCAL IMPACT: OPTIONS/ALTERNATIVES: ,ECOMMENDATION: ATTACHMENTS; Click to download cover memo L7 resignatron MAY 17, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT. COUNCIL VACANCY Due to the resignation of Clark Smithson, council must take action to appoint someone to fill the remainder of his term which ends June 2013 The agenda item has been prepared to allow you do to one of the following 1 Accept Mr Smithson's resignation. 2 Appoint someone to fill the vacancy using the remaining applications received for Douglas Coleman's position. 3. Direct staff to use some other process to fill the vacancy I will also prepare a motion similar to the one used when Councilmember Waldron was appointed. If approved, it would direct me to swear in the newly selected person privately with a ceremonial swearing in at your June 19 meeting Clark L Smithson i 700 s Weaver Ilii Apache iura lion AZ S5 I 20 480-62(1-"409 clarksmiiltsonra costs corn May 15,2012 eIN Honorable Mayor Insalaco and members of the city count,' City of Apache Junction, Arizona Dear Mayor Insalaco As you are aware,On Friday May 11,the pinal County Board of Supervisors appointed rue to tie position of county supervisor to fill the remainder of the term of Bryan Martyr who has resigned that position to accept the position of Arizona State Parks Director The appointment will be for the seven months remaining of Mr Martyn's term, at which time newly elected supervisors will expand the numoer of supervisors from three to five Because of the appointment.it is necessary for me to resign my position as a member of the Apache Junction City Council Accordingly, i hereby submit my resignation from Apache Junction City,effective upon my taking the oath of office for that position I very much enjoy being a member of the Apache Junction City Council,and the decision to enter my name as a candidate for the county office was a difficult one The temporary nature of the appointment was a major factor in my decision,as well as the opportunity to assist the county prepare for a board of five,rather than three members,and to address various countywide issues affecting the county and the cities in the county,including Apache Junction It would also help me become more familiar with the issues,and the organizations and individuals involved in addressing those issues I indicated to the board that I will not be a candidate for the regular term,nor will I endorse any candidate for that office i intend to keep current with the issues and concerns of the City of Apache Junction during the next seven months At the conclusion of an interim term as supervisor,my intention is to run again for the position of Apache Junction City Councilmember, better prepared to help Apache Junction deal with the issues of governing and planning for the future Sinterley, Clark L Smithson p - Robert's Rules of Order, Nominatiot .end Elections Page 1 of 14 index Home Previous Next Chapter 12 Nominations and Elections In every organization, the process of nominating and electing officers and board members is very important, and the bylaws should clearly state the procedure If the procedure is not stated in the bylaws, a member of the assembly can make a motion explaining the procedure to follow.The assembly then decides by a majority vote whether to follow the proposed procedure This chapter explains the nominating and election process from start to finish. It discusses the various ways organizations nominate a candidate and take votes. The chapter also describes the duties of the tellers'committee- those members appointed to count the vote Likewise,the chapter takes you step by step through the tellers sheet and report. NOMINATIONS An organization can nominate candidates in several ways '• By a nominating committee • From the floor • By ballot • By mail • By petition Most often,a nominating committee presents nominations, and the assembly has the opportunity to present additional nominations from the floor. The nominating process should not be confused with the election to office. Robert's Rules of Order states that a person does not have to be nominated to be elected to office If the vote is taken by ballot there is always the opportunity to write in a name. In this case, a person can win as a write-in candidate without ever being nominated Nominations by Committee Many organizations have a nominating committee. The bylaws should specify the composition of this committee and how it is selected. The nominating committee is the one committee a president should not be a member of or help to select If at all possible, the board or the membership should elect the nominating committee. ANN Duties of a nominating committee The duty of a nominating committee is to find the best candidate for each office The bylaws should not tie the hands of the committee to find more than one person to fill each slot,the committee should find the best candidate for each office Persons serving on the committee can be nominated for office The secretary should give the committee a copy of the membership list,the bylaws, a description of the duties of each office,and the eligibility requirements. The committee must carefully review the eligibility requirements for each office and see that the nominees meet these requirements If anyone is elected, and it is discovered after the election that the person is not eligible, the election of that officer is null and void The committee then has to find a new nominee, and the members have to vote again The committee should meet, carefully review the membership list,and select the people who they think will do the best job in each office.A member of the committee should then be designated to call each nominee to see if he or she is willing to serve if elected. If someone is not willing to serve,the committee needs to meet again and find another candidate If no candidate is found, the committee can leave that slot open for nominations from the floor Or, they can tell members publicly that they do not have a nominee for a certain office, this allows members to volunteer No one should be http.i/westsidetoastmasters.com/resources/roberts_rules/chap12.html 2/7/2012 -- Robert's Rules of Order, Nomrdilkions and Elections Page 2 of 14 nominated without his or her consent because, if elected, the person may decline to serve and members will have to hold another election Report of the nominating committee The report of the nominating committee is usually given under"special orders''When called on to give the report,the chairman of the nominating committee states the nominations for each office. Chairman of Nominating Committee: Madam President,the nominating committee submits the following nominations for president, Judy Smith; for vice president, Dave Jones:for secretary, Ricky Shores, and for treasurer Sarah Thomas (hands the nominations written on a sheet of paper to the president and sits down] igmb, metimes there is a split in the nominating committee over who to nominate. If a minority of the committee wishes to nominate someone else the members in the minority can make the nomination when nominations are taken from the floor As soon as the committee reports, it is discharged from its duties Sometimes the committee is revived to make nominations to fill vacancies.After the committee reports,the chair states. President:The nominating committee nominates Judy Smith for president, Dave Jones for vice president, Ricky Shores for secretary, and Sarah Thomas for treasurer Nominations are now open from the floor Are there any further nominations for president? —)Nominations from the Floor As soon as the president opens nominations from the floor, any member can bring forth a nomination However, the rules for a member nominating a candidate are the same as for the nominating committee A member should know beforehand if the person he or she wishes to nominate is both eligible and willing to serve When the nomination is from the floor • A member does not have to get recognition, and often in small assemblies, a member can call out a name while still seated • A person can nominate himself or herself. • A nomination does not need a second • A member can be nominated for more than one office • A member can't nominate more than one person for an office until everyone has had the opportunity to make -*" nominations 4. Nominees do not have to leave the room during the nominations, when the vote is taken,or when the vote is counted • The presiding officer can continue presiding,even if he or she is one of the nominees for the office • A member can rise and decline the nomination during the nominating process ▪ After each nomination, the president repeats the name to the assembly. For example. the president says President: Denise Harmon, for president Are there further nominations for president? A motion to close nominations is usually not necessary unless it is apparent that members are nominating people just to honor them, and that the nominees have no intention of serving. Usually the president closes nominations when no further nominations come forward from the assembly if at any time during the nominating process a member realizes that he or she will be unable to serve if elected, the member should stand and request that his or her name be removed from nomination Removing your name during the nomination process is better than waiting until after you are elected http://westsidetoastmasters.com/resources/roberts_rulesichap12 html 217/2012 111%. AMIN Robert's Rules of Order, Nomination. and Elections Page 3 of 14 Nominations by Ballot Instead of taking nominations from the floor, an organization may take nominations by ballot In this process, each member is given a nominating ballot and writes the name(s)of one nr more candidates on it. The tellers committee counts the ballots and writes a list of the nominees to give to the president to announce A vote is then taken for election The nominating ballot should never become the electing ballot Nominations by Mail When members are widely scattered, taking nominations by mail may be helpful The secretary is responsible for mailing a nominating ballot to each member, with instructions on how to fill it out After the members mail back the nominations, .0••••., the secretary composes the ballot from which the members vote. Nominations by Petition Sometimes an organization's bylaws provide for nominations by petition In this case, a nominee must be nominated by a signed petition of members before the nomination is put on the ballot The nominating petition may be enclosed with a newsletter or mailed to the members Other Nominating Procedures If the bylaws do not state how to conduct nominations, any member can make a motion proposing a nominating process This motion is an incidental main motion It needs a second and is not debatable but is amendable It requires a majority vote to adopt The best practice, however, is for the bylaws to state the procedure Nominations and the Minutes The secretary places all nominations in the minutes If the organization uses a nominating committee and then takes nominations from the floor, the secretary records the nominating committees report first and then lists nominations for each office in the order they are presented as given by the members from the floor MOTIONS RELATING TO NOMINATIONS When nominations are taken from the floor, usually the president closes the nominations by unanimous consent However, there may be times when members nominate people just to honor them or to delay the election. In this case, it is appropriate for a member to make a motion to close the nominations After the nominations are closed, a member can make a motion to reopen them The following sections discuss these two motions. Close the Nominations ,GENN • Purpose: To close the nominations and take the vote immediately. • Is not in order when another member has the floor • Needs a second • Amendable • Not debatable. • Requires a two-thirds vote • Can't be reconsidered • Result Nominations are closed and voting begins This motion requires a two-thirds vote because it takes away the members'right to nominate..A two-thirds vote also protects the assembly from an abuse of power from a temporary majonty who would like to stop the nominating process http //westsidetoastmasters.com/resourcesiroberts_rules/chap12.html 2/7/2012 Robert's Rules of Order, Nom AN.ons and Elections Page 4 of 14 A member must make the motion to close the nominations when no one has the floor A rising vote is always taken on this motion. Member:Madam President, I move to close the nominations Member 2: Second President: It is moved and seconded to close the nominations. AU those in favor, please rise Be seated. Those opposed please rise Be seated if the affirmative has the vote,the president states: Auk President:There is a two-thirds vote in the affirmative The motion is carried and nominations are now closed We will now take the vote for,. . [stale the office] If the negative has it,the president states President:There is less than a two-thirds vote in the affirmative The motion is lost and nominations are still open Are there further nominations? The president continues with the nominations until members are ready to vote After progress in the meeting, members can make the motion to close nominations again Reopen the Nominations • Purpose:Reopen the nominations so others can be considered for office • Needs a second • Amendable • Not debatable. • Requires a majority vote • A negative vote can be reconsidered. • Result: Members can propose more nominees The time at which nominations are to be closed or reopened can be stated in the motion or added by amendment Because members'rights are not infringed upon by reopening the nominations, this motion requires only a majority vote, a voice vote is taken To reopen the nominations, a member can make the motion when no one has the floor The -mber states' Member: Madam President, I move to reopen the nominations. Member 2:1 second it. President: It is moved and seconded to reopen the nominations All those in favor say"Aye"Those opposed say 'No" The president then announces the vote. If the ayes have it, the president says President:The ayes have it and the motion is carried. We will reopen the floor for nominations, Are there further nominations"? If the noes have it, the president says. President:The noes have it and the motion is lost Nominations are closed and we will take the vote http//westsidetoastmasters com/resources/roberts_rulesichap12 html 2/7/2012 Roberts Rules of Order Revised - I\ Page 7 of 10 When different methods are suggested they are usually treated not as amendments, but like filling blanks, the vote being taken first on the one taking the most time. In practice the method of taking a vote is generally agreed upon without the formality of a vote. When the vote is taken by ballot during a meeting of the assembly, as soon as the chair thinks all have voted who wish to, he inquires if all have voted, and if there is no response he declares the polls closed, and the tellers proceed to count the vote If a formal motion is made to close the polls it should not be recognized until all have presumably voted, and then it requires a two-thirds vote like motions to close debate or nominations If members enter afterwards and it is desired to reopen the ,aftk polls it can be done by a majority vote None of these motions are debatable. , See foot note al,for the rule of Congress 426. Motions relating to Nominations. If no method of making nominations is designated by the by- laws or rules, and the assembly has adopted no order on the subject, any one can make a motion prescribing the method of nomination for an office to be filled. If the election is pending, this motion is incidental to it, if the election is not pending, it is an incidental main motion It is undebatable and when it is an incidental motion it can have no subsidiary motion applied to it except to amend, It yields to privileged motions The motion may provide for nominations being made be the chair: or from the floor, or open nominations as it is also called; or for a nominating committee to be appointed; or for nominations to be made by ballot; or by mail. [See Nominations and Elections. 66 ) Closing and Reopening Nominations Before proceeding to an election, if nominations have been made from the floor or by a committee, the chair should inquire if there are any further nominations If there is no response he declares the nominations closed. In very large bodies it is customary to make a motion to close nominations, but until a reasonable time has been given, this motion is not in order. It is a main motion, incidental to the nominations and elections, cannot be debated, can be amended as to the time, but can have no other subsidiary motion applied to it It yields to privileged motions, and requires a two-thirds vote as it deprives members of one of their rights If for any reason it is desired to reopen nominations it may be done by a majority vote. This motion is undebatable. It can be amended as to the time, but no other subsidiary motion can be applied to it It yields to privileged motions. 27. Requests Growing out of the Business of the Assembly. During the meetings of a deliberative assembly there are occasions when members wish to obtain information, or to do or to have done things that necessitate their making a request. Among these are the following, which will be treated separately (a) Parliamentary Inquiry, (b) Request for Information; (c) Leave to Withdraw a Motion, (d) Reading Papers; (e) To be Excused from a Duty; (f) For any other Privilege. http://robertsrules.org/rror-04.htm 217/2012 ROLL CALL VOTE NOTES: ./ L , ty, 0, \? , Ce\- ITEM # MEETING OF t / 6v:iNct. 0-AAJ‘ MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WALDRON ‘,' COUNCILMEMBER SERDY COUNCILMEMBER BARKER I COUNCILMEMBER WILSON f VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL / r, A.M. ROLL CALL VOTE NOTES: 1 )1) l V d V ITEM # ,IVMEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WALDRON j COUNCILMEMBER SERDY I COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ ✓ MAYOR INSALACO UNANIMOUS IN VOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE , )/ ,), NOTES: 1 0\ivoki ITEM # MEETING OF -4/\./N MOTION BY• SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER WALDRON COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER WALDRON COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER WALDRON COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES. ITEM # MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON VICE MAYOR DIETZ COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON VICE MAYOR DIETZ COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON VICE MAYOR DIETZ COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY: SFCONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 12 I MOVE THAT WE ACCEPT THE RESIGNATION OF CLARK SMITHSON FROM HIS POSITION AS A CITY COUNCIL MEMBER EFFECTIVE MAY 17, 2012 (If you wish to fill the vacancy from the current applicant list) I NOMINATE FOR THE VACANT COUNCIL POSITION There is no second for a nomination. (Mayor Insalaco will repeat the name and ask if there are any further nominations three times. If none, he will close the nominations and proceed with the vote) OR (If you do not wish to fill the vacancy from the current applicant list) I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE VACANT CITY COUNCIL POSITION. Pp AG He O ZOO z City ofpache Junction Horde o/*/be Si/pew/lion Al ountai i.c 4Rizoto' Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk .DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DIRECTION TO STAFF ON RESOLUTIONS TO BE SUBMITTED AND/OR CO-SPONSORED TO THE 2012 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS. ACTION REQUESTED: Direction to Staff DISCUSSION / BACKGROUND INFORMATION: Council discussed the process and options for resolutions at the June 4 work session. This allows council to direct staff on the filing and/or co-sponosring of any resolutions. Resolutions must be filed by June 15, 2012. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: tECOMMENDATIQN: Discussion and direction to staff. ATTACHMENTS: Click to download No Attachments Available iallk i jtOLL ILL VOTE VI NOTES �� �1 V�- , ,4' \i„ck ?iev Ary,A. /4/ Y''' 4) (,)V i \cot, , ;\,..0), -k) ITEM # 0 MEETING OF IQ'< \ \ (3/ MOTION BY: SECONDED BY. \\J'A./1- YES NO ABSTAINED VICE MAYOR DIETZ J COUNCILMEMBER WILSON V COUNCILMEMBER BARKER r COUNCILMEMBER SERDY Lij COUNCILMEMBER WALDRON i MAYOR INSALACO L UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 13 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESOLUTIONS TO BE SUBMITTED AND/OR CO-SPONSORED TO THE 2012 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS: AND I FURTHER MOVE THAT THE CITY MANAGER BE AUTHORIZED TO SUBMIT RESOLUTIONS ON BEHALF OF THE CITY AND TO APPROVE CO-SPONSORSHIP ON BEHALF OF THE CITY ON RESOLUTIONS THAT MIGHT BE SUBMITTED BY OTHER ARIZONA CITIES AND TOWNS s. Pp ACHF 0, Gyp Z . = City o,f Apache Junction U Home of the .rupe):ciition Mountains 4Pizott' Print TO: City Manager's Office FROM: Brad Steinke, Director of Development Services DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: DIRECTION TO STAFF ON TEMPORARY USE STANDARDS IN THE DOWNTOWN. ACTION REQUESTED: Direction to Staff DISCUSSION/ BACKGROUND INFORMATION: The council will review and discuss possible direction to staff regarding changes to the temporary use regulations within the downtown. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: ATTACHMENTS: Click to download D Cover rAemo P ACH j 0 Gy City of Apache Junction 4A1.:oN Development Services Department To: Mayor and City Council From. Brad Steinke, Director of Development Services �-• Date. May 16, 2012 RE. Discussion of Temporary Use Regulations As most of you are aware, the City recently adopted the Downtown Overlay Zoning District (DOD), which provided greater opportunities for downtown business development and activity One of the key elements of the downtown zoning was to provide greater flexibility and procedural streamlining of temporary uses. In the past, temporary uses would be required to apply for a conditional use permit and be subjected to a fairly lengthy approval process. The new downtown zoning provides an administrative permit process for a select list of temporary uses that requires no fee, no public hearing and a quick turnover time for staff issuance of a temporary use permit. I've attached the recently adopted code language for your review. The potential problem, however, with providing greater flexibility and relaxed standards for temporary uses is that we may permit some temporary uses that undermine the aesthetic quality of the immediate area For example, staff recently approved a temporary use permit for a fireworks tent to be located in the shopping center parking lot just north of the City event sign and service flags In addition to the tent, the applicant will be utilizing a cargo container for storage of inventory. While all of this complies with the temporary use standards in the downtown ordinance, there has been some concern that this tent and container will aesthetically diminish the aesthetics of that civic corner If Council members are concerned about this, I will be returning Tuesday night for direction to staff from the Council regarding strengthening the downtown temporary use standards. 300 E Superstition Boulevard •Apache Junction,AZ 85119 • Ph (480)474-5082 • lax(480)982-7010 ION Al\ / V ROLL CALL VOT / i NOTES: .k1 l i ilitY 11( ii i°j . I, : 10}) , ("I))) T e ,,„.c?, . . / \, ' , tiJ ......, by) / , ,) ,,,, , ,,,, ),, / rytY \I / j 'aa vr / 0\6\0) ITEM # 1 MEETING OF i-if ' MOTION BY SECONDED BY: u,k) t YES NO ABSTAINED COUNCILMEMBER WILSON V COUNCILMEMBER SERDY J COUNCILMEMBER WALDRON -f VICE MAYOR DIETZ f COUNCILMEMBER BARKER J MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ;;' ITEM NO. 14 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING TEMPORARY USE STANDARDS IN THE DOWNTOWN. ______ o_f CIO Apache Ju..nction Home of the .S uper:�•/ltion :l l ou stains Print TO: City Manager's Office FROM: Matt Busby, Assistant to the City Manager DATE: June 5, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: SELECTION OF BUDGET WORK SESSIONS ON JUNE 18, 2012 AND/OR JUNE 19, 2012. ACTION REQUESTED: Direction to Staff DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests council select dates and times for budget work sessions with city departments on June 18, 2012 and/or June 19, 2012. FISCAL IMPACT: OPTIONS/ALTERNATIVES; .RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ROLL CALL VOTE NOTES: I Ike) )- \V \\1) `kr\ 1\, W q \t) 1 .\D\' \\Isi ITEM # MEETING OF ' - \-- ' ,. fri 1/\i-j\' MOTION BY \, SECONDED BY: i YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY I COUNCILMEMBER WALDRON I VICE MAYOR DIETZ V COUNCILMEMBER BARKER J r MAYOR INSALACO ,j UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL \. • ITEM NO. 15 I MOVE THAT A BUDGET WORK SESSION(S) BE HELD ON MONDAY, JUNE 18, 2012 AND/OR TUESDAY, JUNE 19, 2012 AT P M IN THE CITY COUNCIL CHAMBERS. ROLL CALL VOTE NOTES C ACI ITEM # ' > MEETING OF 4 MOTION BY: SECONDED BY YE NO ABSTAINED COUNCILMEMBER WILSON y' COUNCILMEMBER SERDY COUNCILMEMBER WALDRON J VICE MAYOR DIETZ ;I COUNCILMEMBER BARKER MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL rt r. p Amok ITEM NO. 16-17 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, JUNE 18, 2012, IN THE CITY COUNCIL CONFERENCE ''` ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, JUNE 19, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL f WS: \iii\Ol REG: 101 SPEC CITY COUNCIL P / A P / A P / A MAYOR INSALACO t VICE MAYOR DIETZ COUNCILMEMBER BARKER V COUNCILMEMBER SERDY V COUNCILMEMBER WALDRON ✓ V COUNCILMEMBER WILSON VV TOTALa CITY STAFF 1��� City Manager George Hoffman �r Assistant City Manager Bryant Powell ```- City Clerk Kathleen Connelly City Attorney Joel Stern u /\ itv Public Safety Director Jerald 7 Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz / Riley Economic Development Director Steve Filipowicz Assistant to the City Manager Matt Busby OTHERS: I /) cfri _ AA/ ft/ , rk llfrc6(/ t l`, D efrDate: //� CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. � �- / e l/ Name (Print) Address City Zip Code 410- S 3-"-- 055' knz Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note• Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12