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HomeMy WebLinkAbout2015 09.15 City Council Regular Agenda .orohi City of Apache Junction, Arizona Meeting location a �• City Council Chambers s z j at City Hall , Agenda 300 E Superstition Blvd 31' g Apache Junction,AZ I�t �. 85119 City Council Meeting www aicity net Ph (480)982-8002 Tuesday,September 15,2015 7 00 PM City Council Chambers 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 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. Consideration of acceptance of agenda 2 Consideration of approval of minutes of regular meeting of September 1, 2015 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 3 Proclamation designating September 17 through September 23, 2015 as "Constitution Week" 4. Presentation of a check to Mayor John S Insalaco, Chief of Police Thomas E. Kelly and Superstition Fire and Medical District Chief Paul Bourgeois by representatives of the Superstition Mountain Promotional Corporation and the Chester and Nancy Burgess Family F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a bnef summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance, time and location City of Apache Junction,Arizona Page 1 Printed on 9/8/2015 City Council Meeting Agenda September 15,2015 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 inquines 5. City 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 6. Public hearing, discussion and direction to staff on proposed draft Ordinance No 1420 adopting a use tax 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 wntten request-to-speak form with the city clerk 7. Discussion on and possible selection of the final date, time, location and agenda items for a joint meeting between the City of Apache Junction City Council and Apache Junction Unified School District Governing Board 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 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters 8. Direction to staff on the procedure for annual board and commission appointments and reappointments L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 9 Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, October 5, 2015 10. Executive Session at 5.45 P M and Work Session at 7.00 P M will be held on Tuesday, October 6, 2015 Other meetings if necessary City of Apache Junction,Arizona Page 2 Printed on 9/8/2015 City Council Meeting Agenda September 15,2015 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 oak 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 on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095 AMIlk City of Apache Junction,Arizona Page 3 Printed on 9/8/2015 CITY COUNCIL REGULAR MEETING SEPTEMBER 1, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 1, 2015, at the Apache Junction City Council Chambers pursuant to the notice 10144 required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p m INVOCATION Councilmember Waldron gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi (arrived 7: 08 p.m ) Councilmember Serdy Councilmember Waldron Councilmember Wilson ..�. Staff Present • City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Others Present: Recreation Superintendent Liz Langenbach Captain Arnold Freeman Sergeant Pat Wagner REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 1 OF 14 ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO THE FIRST AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND GCA SERVICES GROUP IN THE AMOUNT OF $22, 297 . 28 PER YEAR. ✓"k, Councilmember Wilson SECONDED THE MOTION VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating September as Grandfamily/Kinship Care Month and presented it to Councilmember Rizzi . Public Safety Director Tom Kelly gave a brief description of the service highlights of Corporal Chad Suniga and presented him with a 25 Year Service Award, a flag flown over the department, a retirement badge, a picture of the flag being flown over the department, a check for his 40 hour service award and a certificate of appreciation and plaque ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Barker commented the entire council, city manager and the city attorney attended the League of Cities and Towns Annual Conference. They met with other council members, state representatives and young leaders in many communities . There was a variety of sessions dealing with issues cities are confronting throughout the state. Councilmember Rizzi commented she attended the youth council session and listened to how they feel about being on the council, being able to shape their community and guide other students . She cannot wait until they have the youth council in Apache Junction REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 2 OF 14 Councilmember Wilson commented all the sessions were very good and informative. They had the opportunity to meet some of the young adults doing programs in other communities . The enthusiasm they showed on what they were involved in and how they were involved was fantastic. He cannot wait to get it started in our community. They now better understand what city government is. Civics class in high school did not give them the comprehension of what was being taught to them. Amok Councilmember Serdy commented he tried to attend all the seminars on the downtown type development . Even if they are not up on what is going on, it is still good to get information and see if there is anything we can do to help make our businesses thrive. Councilmember Evans commented one of the sessions she sat in on concerned zoning issues . There were four cities that spoke on the problems they were dealing with regarding out-of-state landlords, slums, blighted properties and how they were able to work with the owners to get things cleaned up in a nice way of going about it. Councilmember Waldron commented the one that stuck out to him was the one on water resources. Water is in the news lately with the problems California is having The panel talked about why California is in that position while Arizona is not Arizona started a drought management plan in 1988 whereas California started theirs in 2014 . It takes a while to implement it. They are not in a crisis but they are looking at some pretty dire predictions coming up in the next couple of years with the level of Lake Meade. Mayor Insalaco commented he attended a lot of the sessions but he was there for a different reason. Councilmembers Wilson and Serdy received an 8 year service award He and Vice Mayor Barker got 16 year awards. They also have an award given to the few legislators they regard as champions He is proud to say that our State Representative Doug Coleman was one who got the award. He then presented the award to State Representative Doug Coleman and commented on the kind of man that served this community. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 3 OF 14 State Representative Doug Coleman commented he had the privilege of going to the League Conference as he is a lifetime member He appreciated the time he spent talking to each one of them and he appreciated the mayor presenting the award to him tonight . Councilmember Serdy commented they had a joint meeting with Queen Creek last week. The food was served by Handlebars and they did a really good job CITY MANAGER' S REPORT City Manager Bryant Powell commented on the ten year anniversary of the Multi-Gen Center, read a letter from a resident on the intersection improvements at Idaho and Apache Trail and expressed a thank you for the work done by the police department, fire district and the council, read Facebook comments thanking the police department for a job well done, recognized the service awards presented to the council members at the League Conference, recognized the Fiscal Year 2014 Comprehensive Annual Financial Report receiving a Certificate of Achievement for Excellence in Financial Reporting, recognized that the vice mayor will be the chair of the Maricopa Association of Governments Domestic Violence Council, read a letter recognizing Officer Campana for being professional and courteous, an interdepartmental email regarding departments working together and attempted to show the Mad Scientist video from parks and recreation. Assistant City Manager Matt Busby presented Parks Superintendent Liz Langenbach with the Arizona Parks and Recreation Association President' s Award and showed the video presented at the awards ceremony. PUBLIC HEARINGS DIRECTION TO STAFF ON PROPOSED DRAFT ORDINANCE NO. 1418 FOR THE CONTINUATION OF THE . 2% SALES TAX SET TO EXPIRE ON SEPTEMBER 1, 2016 ) City Manager Bryant Powell briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 4 OF 14 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 Councilmember Waldron MOVED ^ THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED ORDINANCE NO. 1418 ALLOWING FOR THE CONTINUATION OF THE . 2% SALES TAX SET TO EXPIRE ON SEPTEMBER 1, 2016. THAT STAFF PRESENT A FINAL PROPOSED ORDINANCE NO. 1418 BASED ON THE DRAFT DATED AUGUST 24, 2015 AND INCLUDING ANY CHANGES DEEMED NECESSARY BY THE CITY ATTORNEY AND BRING IT BACK FOR A PUBLIC HEARING AND VOTE ON NOBEMBER 17, 2015; I FURTHER MOVE THAT STAFF TAKE ALL ACTIONS NECESSARY TO MEET THE LEGAL REQUIREMENTS SET FORTH IN STATE LAW REGARDING NOTIFICATION OF THIS PENDING ACTION. Councilmember Rizzi SECONDED THE MOTION VOTE. Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE, PARTNERSHIP, SERIES 12 LIQUOR LICENSE FOR APACHE CREEK GOLF CLUB/RESTAURANT City Clerk Kathleen OmN Connelly briefed the council on the item Mayor Insalaco requested the applicant address the council. The applicant was not present. He then opened the public hearing on the item. There being no one wishing to speak, he reopened the item to council discussion. Vice Mayor Barker asked if the offsite improvements have anything to do with the liquor license. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 5 OF 14 City Clerk Kathleen Connelly stated she was Dust bringing them to their attention Vice Mayor Barker commented they are Dust ancillary. City Clerk Kathleen Connelly stated they are unsolved issues regarding the property. Mayor Insalaco closed the discussion with no more comments and called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, PARTNERSHIP, SERIES 12 LIQUOR LICENSE FOR APACHE CREEK GOLF CLUB/RESTAURANT, SUBMITTED BY STEPHEN DALLAS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR A FUNDRAISER ON OCTOBER 17, 2015 ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms . Sharon Stinard, representing Community Alliance Against Family Abuse, stated she wanted to invite everyone to join them for a western event at Dolce Vita and kick up their heels for a worthy cause. Councilmember Rizzi asked if it is a dress up/costume event. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 6 OF 14 Ask Aft. Ms . Sharon Stinard stated there will be a costume award and she has tickets with her They should be available online shortly. It should be a great event . She has been asked to promise root beer floats and other ice cream beverages . Councilmember Rizzi asked if this will be in place of the Disco Fever they had previously enjoyed every year Ms. Sharon Stinard stated it is . 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 Councilmember Evans MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE ON OCTOBER 17, 2015, SUBMITTED BY TONYA GREEN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE• Unanimous . The motion carried. Auk APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB FOR AN EVENT ON OCTOBER 14, 2015 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 7 OF 14 Mr. Michael Cowan, 17844 E. Pacana Court, Gold Canyon, addressed the council . Mayor Insalaco asked if this is for the rodeo. Mr. Michael Cowan stated it is for the ranch rodeo. It is more of a local event . It is for Adimi one day. It is the second time they have done this . It is a little better than last year and they hope to get bigger and better every year. Vice Mayor Barker commented it sounds like fun. Councilmember Wilson commented it is and it is enjoyable to watch. It is a little different. 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 Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB FOR OCTOBER 24, 2015, SUBMITTED BY MICHAEL COWAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL Councilmember Wilson SECONDED THE MOTION. VOTE. Unanimous . The motion carried OLD BUSINESS None . NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 8 OF 14 AN. Aw None . DIRECTION TO STAFF DIRECTION TO STAFF ON USE TAX ) Councilmember Waldron commented he asked for this to be put on the agenda because when the presentation was made to them it was apparent that if they Auk do not have a use tax in place then any tax money that comes in to the state that is distributed to the tax cities we get none of, even though residents may purchase things on Amazon that they cannot purchase locally and they are taxed on it. The tax goes to the state and it is disbursed out If they do not have this is place they do not get their fair share. In light of the state taking money, it would be nice if they were to get some It levels the playing field for the local businesses because it puts the same tax rate on the businesses outside the city. Where they would see the sign that says no city taxes in the unincorporated areas, the use tax would have to be collected. He would like to see us as a use tax city so that we get our fair share of taxes Councilmember Evans agreed. Councilmember Serdy commented just as a reminder, so it does not look like they are rubberstamping this, they can see on the internet that this was discussed at last night' s work session, along with the previous tax item They went into it in depth yesterday City Clerk Kathleen Connelly briefed the council on the materials in their packet. There was general discussion on what tax rate should be plugged in to the motion. The consensus was 2 . 5% . City Clerk Kathleen Connelly stated the city attorney suggested we use some things from the past. In reading them, it surprised her there was a memo from her in 1991 still floating around and secondly it was still fairly accurate 24 years later. In the 1991 memo she explained that there were only a handful of cities that had a use tax. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 9 OF 14 .ram Twenty-four years later we now have 76 cities and towns that have the use tax. Twenty-four years ago, if we had had a use tax in place and received $50, 000 a year, in 24 years that is $1 2 million. If they had optimistically received $100, 000 over 24 years, that would have been $2 . 4 million. Mayor Insalaco commented it is money basically lost . It does not really cost them anymore. Instead of them getting it, we would get it. City Clerk Kathleen Connelly stated it places our businesses at a disadvantage. Mayor Insalaco commented it would put our businesses on an even keel . Councilmember Wilson asked if the use tax rate can be changed periodically. City Clerk Kathleen Connelly stated they would have to go back in and change the tax code through a public hearing process . A use tax does not permit a sunset clause. It is like the transaction privilege sales tax. They can always go back in and change the tax rate, just as they did last December when they ad:usted the sales tax rate . Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING IMPLEMENTATION OF A CITY USE TAX: THAT STAFF PREPARE A DRAFT i"bk ORDINANCE THAT WOULD ALLOW THE IMPLEMENTATION OF A CITY USE TAX WITH THE FOLLOWING CONDITIONS : (1) THAT THE USE TAX RATE BE 2 . 5%, (2) THAT THE CITY TIERED TAX RATE NOT APPLY TO THE USE TAX; (3) THAT THE DRAFT ORDINANCE BE PLACED ON THE SEPTEMBER 14, 2015 CITY COUNCIL WORK SESSION AGENDA FOR FURTHER DISCUSSION; (4) THAT THIS DRAFT ORDINANCE BE PLACED ON THE SEPTEMBER 15, 2015 COUNCIL AGENDA THAT WOULD ALLOW FOR FURTHER DISCUSSION, PUBLIC HEARING AND DIRECTION ON THE DRAFT ORDINANCE. Councilmember Evans SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 10 OF 14 VOTE: Unanimous The motion carried SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES SELECTION OF DATE, TIME, LOCATION AND PURPOSE FOR A JOINT MEETING^ WITH THE SCHOOL BOARD _ ) City Manager Bryant Powell stated he verified the room used last week is available on September 30, October 7, October 14 and October 21 . If they need to go to October 28, the larger multi-purpose room is available. He ran into the school board chair at a lunch who stated any of those dates will work but the fire board meets on October 21 . He said to send some dates over and they will look at them. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Barker MOVED THAT A JOINT MEETING BETWEEN THE APACHE JUNCTION CITY COUNCIL AND THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT GOVERNING BOARD BE HELD ON SEPTEMBER 30, OCTOBER 7 OR OCTOBER 8 AT THE PLEASURE OF THE SCHOOL BOARD AT THE MULTI-GENERATIONAL CENTER FOR THE FOLLOWING PURPOSE. TO DISCUSS ISSUES THAT WE HAVE IN COMMON. Councilmember Evans SECONDED THE MOTION. City Clerk Kathleen Connelly asked if she had a time. Vice Mayor Barker stated 6 : 30 p.m. Councilmember Rizzi asked if it was October 8 or 28 . City Clerk Kathleen Connelly stated October 28 . REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 11 OF 14 T Vice Mayor Barker accepted the amendments . VOTE. Unanimous The motion carried. Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 . 00 O P.M. BE HELD ON MONDAY, SEPTEMBER 14, 2015, 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, SEPTEMBER 15, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous The motion carried. CALL TO THE PUBLIC Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the National Kids Day on September 19 with events at the Boys and Girls Club and their Bowl-A-Thon on September 26. Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council regarding code compliance issues and helping the people in the city help themselves. He commented they are the butt of the state and need to work on their city' s reputation. Councilmember Rizzi commented staff and city council members have worked hard on cleaning up the issues in the community, the police department has received an award for the reduction in drug crimes and people need to stand up to people stating we are the butt of jokes They need to have pointed out to them the good things in our community. ADJOURNMENT REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 12 OF 14 Mayor Insalaco adjourned the meeting at 8 . 05 p.m. Consent Agenda Items are as follows . 1 . Consideration of acceptance of agenda. 2 . Consideration of approval of minutes of regular meeting of August 4, 2015. 3. Consideration of approval of the proposed First Amendment to Janitorial Service Agreement with GCA Services Group in the amount of $22, 297 .28 per year. ACCEPTED THIS 15TH DAY OF SEPTEMBER, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 15TH DAY OF SEPTEMBER, 2015. JOHN S . INSALACO Mayor 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 1st day of September, 2015 I further certify that the meeting was duly called and held and that a quorum was present REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 13 OF 14 Dated this 8th day of September, 2015 . KATHLEEN CONNELLY City Clerk /'\ REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 1, 2015 PAGE 14 OF 14 ROLL CALL VOTE NOTES: b-p")t;, I ITEM # MEETING OF el if 4i< Qtri)Y1AA MOTION BY: SECONDED BY ( jiAq YES NO ABSTAINED COUNCILMEMBER WILSON V COUNCILMEMBER SERDY COUNCILMEMBER WALDRON V COUNCILMEMBER RIZZI V VICE MAYOR BARKER V COUNCLMEMBER EVANS V/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEM NOS. 1-2 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. r4 ,� City of Apache Junction, Arizona 300ESuperstition y.. Boulevard uci; Agenda Item Cover Sheet Apache Junction AZ 85119 . 's Agenda Item No.3. 4-4 File ID: 15-339 Sponsor. John Insalaco Agenda Date•9/15/2015 Index Outside Scope of Council Priorities In Control. City Council Meeting irlik Proclamation designating September 17 through September 23, 2015 as "Constitution Week" Attachments. City of Apache Junction,Arizona Page 1 Printed on 9/8/2015 t DAR Daughters of the American Revolution Aug 1, 2015 ,.o ApacneT-ali Chapter NSDAR Honorable Mayor John S.Insalaco: Regent Carol Pearson On behalf of the National Society of the Daughters of the American Revolution First Vice Regent Apache Trail Chapter,I am writing to request that you proclaim the week of Audra Glines September 17-23,2015,Constitution Week and September 17,20I 5 as Chaplin Constitution Day in commemoration of the signing of the Constitution on that Anna Roberts day in 1787. Recording Secretary Patty Williams This marks the 228th anniversary of the signing by our country's founders We celebrate with pride the fact that our Constitution has endured longer than any Corresponding Secretary Nana Anderson other similar document and has been used by many other countries as a model for drafting their own constitutions Treasurer Gen Wachtmann We appreciate your Joining with us in the commemoration and celebration of Registrar this magnificent document.We are honored by your support. Pat Crawford Respectfully Historian ���,�Q ���� Maureen Brock & "^ S`ue�i""""'v Librarian l Judi Wenk Carol Shepherd Webmaster Public Relations Trudi Aldridge NSDAR Apache Trail Chapter 4 la 16 rottamatton CONSTITUTION WEEK SEPTEMBER 17 THROUGH SEPTEMBER 23,2015 WHEREAS, September 17,2015,marks the two hundred and twenty-seventh anniversary of the drafting of the constitution of the United States of America by the Constitutional Convention;and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion, and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW,THEREFORE,I,John Insalaco by virtue of the authority vested in me as Mayor of the City of Apache Junction,Arizona,do hereby proclaim the week of September 17 through 23 to be CONSTITUTION WEEK in Apache Junction,and ask our citizens to reaffirm the ideals of the Framers of the constitution had in 1787. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of Apache Junction to be affixed the day of - . 1 2015. JOHN INS ACO Mayor ATTEST: KATHLEEN CONNELLY / City Clerk to* City of Apache Junction, Arizona 300ESuperstition Boulevard o Agenda Item Cover Sheet Apache Junction AZ 85119 No. F „.� Agenda Item No 4 'riti File ID 15-340 Sponsor. Chip Wilson Agenda Date'9/15/2015 Index: In Control City Council Meeting Presentation of a check to Mayor John S Insalaco, Chief of Police Thomas E Kelly and Superstition Fire and Medical District Chief Paul Bourgeois by representatives of the Superstition Mountain Promotional Corporation and the Chester and Nancy Burgess Family Attachments City of Apache Junction,Arizona Page 1 Printed on 9/8/2015 4 i:hc"f City of Apache Junction, Arizona 300E Superstition n, Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 *►� Agenda Item No.5. 41?z'Nt" File ID. 15-237 Sponsor. Bryant Powell Agenda Date 9/15/2015 Index. In Control.City Council Meeting City manager's report Attachments. City of Apache Junction,Arizona Page 1 Printed on 9/8/2015 PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1420,ADOPTING A USE TAX 2. Will COUNCILMEMBER WALDRON 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. City of Apache Junction, Arizona 300 E Superstition ti Boulevard r moo, Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 6 �tlt •�' File ID: 15-346 Sponsor Dave Waldron Agenda Date. 9/15/2015 Index. In Control. City Council Meeting Amok Public hearing, discussion and direction to staff on proposed draft Ordinance No 1420 adopting a use tax Attachments City of Apache Junction,Arizona Page 1 Printed on 9/8/2015 IOW ti CITIES &TOWNS 15 15= NO Use Tax Avondale Apache Junction 15 Bullhead City* Benson' 15 Camp Verde' Bisbee* 15 Carefree' Buckeye* 15 Cave Creek* Casa Grande' 15 Chandler Clarkdale* 15 Chino Valley* Clifton' 15 Colorado City* Cottonwood* 15 Coolidge* Duncan* 15 Dewey-Humboldt* Gilbert* 15 Douglas Globe* 15 Eagar' Guadalupe* 15 El Mirage* Huachuca City* 15 Eloy* Jerome* 15 Flagstaff Kearny* 15 Florence* Miami' 15 Fountain Hills* Nogales 15 Fredonia' Oro Valley* 15 Gila Bend* Parker* 15 Glendale Patagonia* 15 Goodyear' Payson' 15 Hayden* Pima* 15 Holbrook* Pinetop-Lakeside' 15 Kingman' Sahuarita' 15 Lake Havasu City' Show Low* 15 Litchfield Park' Snowflake* 15 Mammoth* South Tucson* 15 Marana' Springerviile' 15 Maricopa' Star Valley* 15 Mesa Superior* 15 Page* Taylor' 15 Paradise Valley* Tolleson* 15 Peoria Tombstone* 15 -- Phoenix Tusayan' 15 Prescott W ellton' 15 Prescott Valley* Wlckenburg' 15 Quartzsite' Willcox* 15 Queen Creek* Williams' 15 Safford* Winkelman* 15 San Luis* Winslow* 15 Scottsdale Yuma' 15 Sedona' Sierra Vista* Somerton* St. Johns' Surprise' Tempe Thatcher* Tucson Youngtown* .11111. • Article VI - Use Tax Sec. 8A-600. Use tax: definitions. For the purposes of this Article only,the following definitions shall apply, in addition to the definitions provided in Article I. "Acquire(for Storage or Use)"means purchase, rent, lease, or license for storage or use. "Retailer"also means any person selling, renting, licensing for use, or leasing tangible personal property under circumstances which would render such transactions subject to the taxes imposed in Article IV, if such transactions had occurred within this City "Storage(within the City)" means the keeping or retaining of tangible personal property at a place within the City for any purpose,except for those items acquired specifically and solely for the purpose of sale, rental, lease, or license for use in the regular course of business or for the purpose of subsequent use solely outside the City. "Use(of Tangible Personal Property)"means consumption or exercise of any other right or power over tangible personal property incident to the ownership thereof except the holding for the sale, rental, lease, or license for use of such property in the regular course of business Sec. 8A-610. Use tax: imposition of tax; presumption. (a) There is hereby levied and imposed, subject to all other provisions of this Chapter, an excise tax on the storage or use in the City of tangible personal property, for the purpose of raising revenue to be used in defraying the necessary expenses of the City, such taxes to be collected by the Tax Collector (b) The tax rate shall be at an amount equal to two and four tenths percent(2 4%)of the: (1) cost of tangible personal property acquired from a retailer, upon every person storing or using such property in this City. (2) gross income from the business activity upon every person meeting the requirements of subsection 8A-620(b)or(c)who is engaged or continuing in the business activity of sales, rentals, leases, or licenses of tangible personal property to persons within the City for storage or use within the City, to the extent that tax has been collected upon such transaction (3) cost of the tangible personal property provided under the conditions of a warranty, maintenance, or service contract. (4) cost of complimentary items provided to patrons without itemized charge by a restaurant, hotel,or other business. (5) cost of food consumed by the owner or by employees or agents of the owner of a restaurant or bar subject to the provisions of Section 8A-455 of this Chapter. (c) It shall be presumed that all tangible personal property acquired by any person who at the time of such acquisition resides in the City is acquired for storage or use in this City, until the contrary is established by the taxpayer. (d) Exclusions For the purposes of this Article, the acquisition of the following shall not be deemed to be the purchase, rental, lease, or license of tangible personal property for storage or use within the City. (1) stocks, bonds, options, or other similar materials. (2) lottery tickets or shares sold pursuant to Article I, Chapter 5, Title 5,Arizona Revised Statutes (3) Platinum, bullion, or monetized bullion,except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by Regulation (e) Notwithstanding the provisions of subsection (a)above, when the amount subject to the tax for any single item of tangible personal property exceeds two thousand dollars ($2,000), the two and four tenths percent(2.4%)tax rate shall apply to the first$2,000.Above$2,000, the measure of tax shall be at a rate of one and four tenths percent(1 4%) (f) (Reserved) Sec. 8A-620. Use tax: liability for tax The following persons shall be deemed liable for the tax imposed by this Article,and such liability shall not be extinguished until the tax has been paid to this City, except that a receipt from a retailer separately charging the tax imposed by this Chapter is sufficient to relieve the person acquiring such property from further liability for the tax to which the receipt refers: (a) Any person who acquires tangible personal property from a retailer, whether or not such retailer is located in this City, when such person stores or uses said property within the City (b) Any retailer not located within the City, selling, renting, leasing, or licensing tangible personal property for storage or use of such property within the City, may obtain a License from the Tax Collector and collect the Use Tax on such transactions Such retailer shall be liable for the Use Tax to the extent such Use Tax is collected from his customers (c) Every agent within the City of any retailer not maintaining an office or place of business in this City, when such person sells, rents, leases, or licenses tangible personal property for storage or use in this — City shall, at the time of such transaction, collect and be liable for the tax imposed by this Article upon the storage or use of the property so transferred, unless such retailer or agent is liable for an equivalent excise tax upon the transaction (d) Any person who acquires tangible personal property from a retailer located in the City and such person claims to be exempt from the City Privilege or Use tax at the time of the transaction, and upon which no City Privilege Tax was charged or paid,when such claim is not sustainable (e) Every person storing or using tangible personal property under the conditions of a warranty, maintenance, or service contract. Sec. 8A-630. Use tax: recordkeeping requirements. All deductions, exclusions, exemptions, and credits provided in this Article are conditional upon adequate proof of documentation as required by Article III or elsewhere in this Chapter Sec. 8A- 640. Use tax: credit for equivalent excise taxes paid another jurisdiction. In the event that an equivalent excise tax has been levied and paid upon tangible personal property which is acquired to be stored or used within this City, full credit for any and all such taxes so paid shall be allowed by the Tax Collector but only to the extent Use Tax is imposed upon that transaction by this Article Sec. 8A-650. Use tax: exclusion when acquisition subject to Use Tax is taxed or taxable elsewhere in this Chapter; limitation. The tax levied by this Article does not apply to the storage or use In this City of tangible personal property acquired in this City,the gross income from the sale, rental. lease, or license of which were included in the measure of the tax imposed by Article IV of this Chapter; provided, however, that any person who has acquired tangible personal property from a vendor in this City without paying the City Privilege Tax because of a representation to the vendor that the property was not subject to such tax, when such claim is not sustainable, may not claim the exclusion from such Use Tax provided by this Section Sec. 8A-660. Use tax: exemptions. The storage or use in this City of the following tangible personal property is exempt from the Use Tax imposed by this Article: (a) tangible personal property brought into the City by an individual who was not a resident of the City at the time the property was acquired for his own use, if the first actual use of such property was outside the City, unless such property Is used in conducting a business in this City. (b) tangible personal property, the value of which does not exceed the amount of one thousand dollars ($1,000) per item, acquired by an individual outside the limits of the City for his personal use and enjoyment. (c) charges for delivery, installation, or other customer services, as prescribed by Regulation (d) charges for repair services, as prescribed by Regulation (e) separately itemized charges for warranty, maintenance, and service contracts (f) prosthetics. (g) income-producing capital equipment. (h) rental equipment and rental supplies (I) mining and metallurgical supplies. (j) motor vehicle fuel and use fuel which are used upon the highways of this State and upon which a tax has been imposed under the provisions of Article I or II, Chapter 16, Title 28,Arizona Revised Statutes. (k) tangible personal property purchased by a construction contractor, but not an owner-builder,when such person holds a valid Privilege License for engaging or continuing in the business of construction contracting, and where the property acquired is incorporated into any structure or improvement to real property in fulfillment of a construction contract (I) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State (m)tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines or other periodicals. Tangible personal property which is consumed or used up in a manufacturing,job printing, publishing, or production process is not an ingredient nor component part of a product. (n) rental, leasing, or licensing for use of film, tape, or slides by a theater or other person taxed under Section 8A-410, or by a radio station, television station, or subscription television system, (o) food served to patrons for a consideration by any person engaged in a business properly licensed and taxed under Section 8A-455, but not food consumed by owners, agents, or employees of such business. (p) tangible personal property acquired by a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property is in fact used in activities resulting in gross income from unrelated business income as that term is defined In 26 U.S.0 Section 512 (q) (Reserved) (r) (Reserved) (1) (Reserved) (2) (Reserved) (3) (Reserved) (4) (Reserved) (s) groundwater measuring devices required by A.R.S. Section 45-604. (t) (Reserved) (u) aircraft acquired for use outside the State, as prescribed by Regulation. (v) sales of food products by producers as provided for by A R S.Section 3-561, 3-562 and 3-563 (w) (Reserved) (x) food and drink provided by a person who is engaged in business that is classified under the restaurant classification without monetary charge to its employees for their own consumption on the premises during such employees'hours of employment. (y) (Reserved) (z) (Reserved) (aa) tangible personal property used in remediation contracting as defined in Section 8A-100 and Regulation 8A-100.5 (bb) materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows: (1) printed or photographic materials (2) electronic or digital media materials (cc) food, beverages, condiments and accessories used for serving food and beverages by a commercial airline, as defined in A.R.S.Section 42-5061(A)(49),that serves the food and beverages to its passengers,without additional charge, for consumption in flight. For the purposes of this subsection, "accessories"means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (dd) wireless telecommunication equipment that is held for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470. (ee) (Reserved) (ff) alternative fuel as defined in A.R S. Section 1-215 by a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A R S Section49-426 or Section 49-460. (gg) food, beverages,condiments and accessories purchased by or for a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes, including a regularly organized private or parochial school that offers an educational program for grade twelve or under which may be attended In substitution for a public school pursuant to A.R.S. 15-802;to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. For the purposes of this subsection, "accessories"means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food (hh) personal hygiene items purchased by a person engaged in the business of and subject to tax under Section 8A-444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy (ii) the diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline (jj) food, beverages, condiments and accessories purchased by or for a nonprofit charitable organization that has qualified as an exempt organization under 26 U.S.0 Section 501(c)(3)and regularly serves meals to the needy and indigent on a continuing basis at no cost. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws,paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (kk) sales of motor vehicles that use alternative fuel if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A R.S Section 1-215 . (II) The storage, use or consumption of tangible personal property in the city or town by a school district or charter school. (mm) renewable energy credits or any other unit created to track energy derived from renewable energy resources. For the purposes of this paragraph, "renewable energy credit"means a unit created administratively by the corporation commission or governing body of a public power utility to track kilowatt hours of electricity derived from a renewable energy resource or the kilowatt hour equivalent of conventional energy resources displaced by distributed renewable energy resources. (nn) magazines or other periodicals or other publications by this state to encourage tourist travel (oo) paper machine clothing,such as forming fabrics and dryer felts, sold to a paper manufacturer and directly used or consumed in paper manufacturing. (pp) overhead materials or other tangible personal property that is used in performing a contract between the United States government and a manufacturer, modifier, assembler or repairer, including property used in performing a subcontract with a government contractor who is a manufacturer, modifier, assembler or repairer,to which title passes to the government under the terms of the contract or subcontract (qq) coal, petroleum, coke, natural gas, virgin fuel oil and electricity sold to a qualified environmental technology manufacturer, producer or processor as defined in A R S section 41-1514 02 and directly used or consumed in the generation or provision of on-site power or energy solely for environmental technology manufacturing, producing or processing or environmental protection.Thls paragraph shall apply for twenty full consecutive calendar or fiscal years from the date the first paper manufacturing machine is placed in service In the case of an environmental technology manufacturer, producer or processor who does not manufacture paper,the time period shall begin with the date the first manufacturing, processing or production equipment is placed in service. (rr) machinery, equipment, materials and other tangible personal property used directly and predominantly to construct a qualified environmental technology manufacturing, producing or processing facility as described in A R.S section 41-1514.02 This subsection applies for ten full consecutive calendar or fiscal years after the start of initial construction. (ss) (Reserved) TPT Non-Program Chit. Arizona Department of Revenue Page 1 of 1 FAQ> I Contact Us I Site Map Home Forms Business individual C Services News About I Search I Home Business>Transaction Privilege Tax>Non•Program Cities Online Services Tax Recovery "'ww. TPT Non-Program Cities ail ' Taxpayer Education ® / --- ryov Tobacco E-File Program The Department of Revenue does not collect taxes for all cities within Arizona The cities that collect their own taxes are commonly referred to as Non-Program Cities" Following is a list of • License a New ink TPT Simplification Non-Program Cities,their telephone numbers,certain tax rates and links to their respective web Business Forms sites. Non Program cities collect and administer their own taxes,which are reported on • Enroll to File and Pay b their own tax forms The state/county and program city taxes must stille reported and Online Individual remitted to the state Contact the Non Program cities for a complete listing of their rates. • Verify a 1'PT License Business _ Apache Junction(480)982-8002 AZTaxeS Newsletter Privilege Tax-2.4% Peoria(623)773-7160 Bingo Utilities/Telecom 3.4% Privilege Tax-1 8% `r f • Interest Rates Retail Tax for Single item Portion over 32000 Rest&Bar-2.8% 1 4% Utilities-3 3% Licensing Guide Can't `a: pay your Luxury Tax Avondale(623)333-2000 phoenix(602)262-6785 taxes? Privilege Tax 2 5% 2% �" " t' Use Tax Direct Pen11i! ° Privilege Tax/Use Tax- , , Retail Tax for a Single item over$5000-1.5/o Telecommunications-4 7% •4 Holders Use Tax-1 5% t° Transaction Privilege Tax Utilities-2 7/° °'. TPT FAQS Sedona(928)204 7205 Prescott(928)777-1268 Notices Privilege Tax 3% Privilege Tax/Use Tax 2% TPT Rates Chandler(480)782-2280 Ecottsdate(480)312-2400 Tax Factoring Privilege Tax/Use Tax-1 5% Privilege Tax-1 65% Rest&Bar 1.8% Use Tax-1 46% Motor Vehicle Sales Utilities/Telecommunications-2.75% Non-Program Cities Flagstaff(928)213 2250 Withholding Tax Privilege Tax—2.051% Audits Douglas(520)417-7333 Restaurant and Bar- Privilege Tax-2.8% 4051% 051% Collections HotelsTax fora Single item over$10,000 1 8% Hotels-4 E-Services Use Tax•2 5% Use Tax-1% Legal Research Properly Tax Publications Glendale(623)930-3190 Tempe(480)350-2955 Reports&Research Privilege Tax 2 9% Privilege Tax/Use Tax- pUse Tax-29h 1 8% Class Action Notices Rest&Bar-3.9% Contracting-1 8% Model City Tax Code Telecommunications—6 1% Tax Credits Mesa (480)644-2316 Tucson(520)791-4566 Amok Unclaimed Property Privilege Tax/Use Tax-1 75% Privilege Tax/Use Tax 2% News Nogales(520)287-6571 Open Meeting Notices Privilege Tax-2% Contact About Career Opportunities Home I Report Freud I Privacy Statement I Accessibility Policy I Copynght 2015 by Arizona Department of Revenue https://www.azdor.govBusiness/TransactionPrivilegeTax/NonProgramCities.aspx 8/20/2015 D R.A F T 9 - 14 - 15 ORDINANCE NO 1420 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE TAX CODE i► OF THE CITY OF APACHE JUNCTION, ADOPTING A NEW ARTICLE VI USE TAX AS SET FORTH IN THE MODEL CITY TAX CODE, DESIGNATING AN EFFECTIVE DATE; PROVIDING FOR PENALTIES, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR NOTICE WHEREAS, Arizona Revised Statutes § 9-240 (B) (26) conveys upon the Mayor and City Council the power to levy taxes including a use tax; and WHEREAS, the Model City Tax Code as set forth in State law provides for adoption of a use tax for Arizona municipal governments, and WHEREAS, in adopting the City Tax Code for the City of Apache Junction in August 1987, the then Mayor and Council did so without including Article VI Use Tax, and WHEREAS, of the 91 Arizona cities and towns, only 15 have not implemented a use tax, and WHEREAS, the City of Apache Junction experiences sales leakage to the adjacent unincorporated areas of Pinal County and Maricopa County; and WHEREAS, implementation of a use tax would be a critical economic development tool for the City of Apache Junction as it would remove the incentive to shop outside of the City for large ticket items in order to avoid paying city sales tax, and WHEREAS, implementation of a use tax would equalize the playing field and afford local businesses a more competitive position in the market place; and WHEREAS, the Mayor and City Council have determined that implementation of a two and five tenths percent (2 . 5%) use tax ORDINANCE NO. 1420 PAGE 1 OF 13 is necessary to sustain the quality of life for community residents and enhance the public health, safety and welfare, and WHEREAS, at their regular meetings of September 1, 2015 and September 15, 2015 a majority of the Mayor and City Council directed staff to prepare an ordinance for implementing a two and five tenths percent (2 . 5%) use tax in compliance with State law and the Model City Tax Code, and Amok WHEREAS, implementation of a use tax is affected by amending the Tax Code of the City of Apache Junction, and by appropriate notification to city taxpayers and to the Arizona Department of Revenue and the Municipal Tax Code Commission; and WHEREAS, pursuant to Arizona Revised Statutes § 9-499 15, the City provided sixty-day written notice of the proposed adoption of a use tax on the City' s website (www.ajcity net) before the date of the public hearing when this ordinance is to be considered NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS . SECTION I IN GENERAL That the Tax Code of the City of Apache Junction, Arizona is amended by adding a new Article VI Use Tax to read as follows • Article VI - Use Tax Sec. 8A-600 . Use tax definitions . For the purposes of this Article only, the following definitions shall apply, in addition to the definitions provided in Article I : "Acquire (for Storage or Use) " means purchase, rent, lease or license for storage or use "Retailer" also means any person selling, renting, licensing for use, or leasing tangible personal property under circumstances which would render such transactions subject to the taxes imposed in Article IV, if such transactions have occurred within this City ORDINANCE NO 1420 PAGE 2 OF 13 "Storage (within the City) " means the keeping or retaining of tangible personal property at a place within the City for any purpose, except for those items acquired specifically and solely for the purpose of sale, rental, lease, or license for use in the regular course of business or for the purpose of subsequent use solely outside the City. "Use (of Tangible Personal Property) " means consumption or exercise of any other right or power over tangible personal property incident to the ownership thereof except the holding for the sale, rental, lease, or license for use of such property in the regular course of business Sec 8A-610 . Use tax imposition of tax, presumption (a) There is hereby levied and imposed, subject to all other provisions of this Chapter, an excise tax on the storage or use in the City of tangible personal property, for the purpose of raising revenue to be used in defraying the necessary expenses of the City, such taxes to be collected by the Tax Collector. (b) The tax rate shall be at an amount equal to two and five tenths percent (2 . 5%) of the : (1) cost of tangible personal property acquired from a retailer, upon every person storing or using such property in this City. (2) gross income from the business activity upon every person meeting the requirements of subsection 8A- 620 (b) or (c) who is engaged or continuing in the business activity of sales, rentals, leases, or licenses of tangible personal property to persons within the City for storage or use within the City, to the extent that tax has been collected upon such transaction (3) cost of the tangible personal property provided under the conditions of a warranty, maintenance, or service contract ORDINANCE NO. 1420 PAGE 3 OF 13 _ ..•. (4) cost of complimentary items provided to patrons without itemized charge by a restaurant, hotel, or other business . (5) cost of food consumed by the owner or by employees or agents of the owner of a restaurant or bar subject to the provisions of Section 8A-455 of this Chapter. p (c) It shall be presumed that all tangible personal property acquired by any person who at the time of such acquisition resides in the City is acquired for storage or use in the City, until the contrary is established by the taxpayer. (d) Exclusions For the purposes of this Article, the acquisition of the following shall not be deemed to be the purchase, rental, lease, or license of tangible personal property for storage or use within the City: (1) stocks, bonds, options, or other similar materials. (2) lottery tickets or shares sold pursuant to Article 1, Chapter 5, Title 5, Arizona Revised Statutes (3) Platinum, bullion, or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by Regulation (e) (Reserved) (f) (Reserved) AN es. Sec 8A-620, Use tax• liability for tax The following persons shall be deemed liable for the tax imposed by this Article; and such liability shall not be extinguished until the tax has been paid to this City, except that a receipt from a retailer separately charging the tax imposed by this Chapter is sufficient to relieve the person acquiring such property from further liability for the tax to which the receipt refers - (a) Any person who acquires tangible personal property from a retailer, whether or not such retailer is located in this ORDINANCE NO 1420 PAGE 4 OF 13 City, when such person stores or uses said property within the City (b) Any retailer not located within the City, selling, renting, leasing, or licensing tangible personal property for storage or use of such property within the City, may obtain a License from the Tax Collector and collect the Use Tax on such transactions. Such retailer shall be liable for the Use Tax to the extent such Use Tax is collected from the customers (c) Every agent within the City of any retailer not maintaining an office or place of business in this City, when such person sells, rents, leases, or licenses tangible personal property for storage or use in this City shall, at the time of such transaction, collect and be liable for the tax imposed by this Article upon the storage or use of the property so transferred, unless such retailer or agent is liable for an equivalent excise tax upon the transaction. (d) Any person who acquires tangible personal property from a retailer located in the City and such person claims to be exempt from the City Privilege or Use tax at the time of the transaction and upon which no City Privilege Tax was charged or paid, when such claim is not sustainable. (e) Every person storing or using tangible personal property under the conditions of a warranty, maintenance, or service contract Sec . 8A-630 . Use tax recordkeeping requirements All deductions, exclusions, exemptions, and credits provided in this Article are conditional upon adequate proof of documentation as required by Article III or elsewhere in this Chapter Sec. 8A-640 Use tax: credit for equivalent excise taxes paid another jurisdiction In the event that an equivalent excise tax has been levied and paid upon tangible personal property which is acquired to be stored or used within this City, full credit for any and all ORDINANCE NO 1420 PAGE 5 OF 13 such taxes so paid shall be allowed by the Tax Collector but only to the extent Use Tax is imposed upon that transaction by this Article Sec. 8A-650 . Use tax: exclusion when acquisition subject to Use Tax is taxed or taxable elsewhere in this Chapter, limitation The tax levied by this Article does not apply to the storage or use in this City of tangible personal property acquired in this City, the gross income from the sale, rental, lease, or license of which were included in the measure of the tax imposed by Article IV of this Chapter, provided, however, that any person who has acquired tangible personal property from a vendor in this City without paying the City Privilege Tax because of a representation to the vendor that the property was not subject to such tax, when such claim is not sustainable, may not claim the exclusion from such Use Tax provided by this Section Sec . 8A-660 . Use tax: exemptions . The storage or use in this City of the following tangible personal property is exempt from the Use Tax imposed by this Article (a) tangible personal property brought into the City by an individual who was not a resident of the City at the time the property was acquired for his own use, if the first actual use of such property was outside the City, unless such property is used in conducting a business in this City. (b) tangible personal property, the value of which does not exceed the amount of one thousand dollars ($1, 000) per item, acquired by an individual outside the limits of the City for his personal use and enjoyment . (c) charges for delivery, installation, or other customer services, as prescribed by Regulation. (d) charges for repair services, as prescribed by Regulation (e) separately itemized charges for warranty, maintenance, and service contracts. (f) prosthetics . ORDINANCE NO. 1420 PAGE 6 OF 13 (g) income-producing capital equipment (h) rental equipment and rental supplies (i) mining and metallurgical supplies (j ) motor vehicle fuel and use fuel which are used upon the highways of this State and upon which a tax has been imposed under the provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes (k) tangible personal property purchased by a construction contractor, but not an owner-builder, when such person holds a valid Privilege License for engaging or continuing in the business of construction contracting, and where the property acquired is incorporated into any structure or improvement to real property in fulfillment of a construction contract . (1) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State . (m) tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines or other periodicals Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product (n) rental, leasing, or licensing for use of film, tape, or ,— slides by a theater or other person taxed under Section 8A- 410, or by a radio station, television station, or subscription television system. (o) food served to patrons for a consideration by any person engaged in a business properly licensed and taxed under Section 8A-455, but not food consumed by owners, agents, or employees of such business. (p) tangible personal property acquired by a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property is in fact used in activities resulting in gross income from ORDINANCE NO 1420 PAGE 7 OF 13 AUlk unrelated business income as that term is defined in 26 U S C Section 512 (q) (Reserved) (r) (Reserved) (1) (Reserved) (2) (Reserved) (3) (Reserved) (4) (Reserved) (s) groundwater measuring devices required by A R S Section 45- 604 (t) (Reserved) (u) aircraft acquired for use outside the State, as prescribed by Regulation (v) sales of food products by producers as provided for by A.R.S. Section 3-561, 3-562 and 3-563 . (w) (Reserved) (x) food and drink provided by a person who is engaged in business that is classified under the restaurant classification without monetary charge to its employees for their own consumption on the premises during such employees' ,.� hours of employment (y) (Reserved) (z) (Reserved) (aa) tangible personal property used in remediation contracting as defined in Section 8A-100 and Regulation 8A-100 . 5 (bb) materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows ORDINANCE NO 1420 PAGE 8 OF 13 (1) printed or photographic materials . (2) electronic or digital media materials . (cc) food, beverages, condiments and accessories used for serving food and beverages by a commercial airline, as defined in A R S Section 42-5061 (A) (49) , that serves the food and beverages to its passengers, without additional charge, for consumption in flight . For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food (dd) wireless telecommunication equipment that is held for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470 (ee) (Reserved) (ff) alternative fuel as defined in A R S Section 1-215 by a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R. S. Section 49-426 or Section 49-480 . (gg) food, beverages, condiments and accessories purchased by or for a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes, including a regularly organized private or parochial school that offers an educational program for grade twelve or under .-._ which may be attended in substitution for a public school pursuant to A R S 15-802 ; to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours . For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food (hh) personal hygiene items purchased by a person engaged in the business of and subject to tax under Section 8A-444 of this code if the tangible personal property is furnished without ORDINANCE NO. 1420 PAGE 9 OF 13 additional charge to and intended to be consumed by the person during his occupancy (ii) the diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline (JJ ) food, beverages, condiments and accessories purchased by or for a nonprofit charitable organization that has qualified as an exempt organization under 26 U.S.C. Section 501 (c) (3) and regularly serves meals to the needy and indigent on a continuing basis at no cost. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (kk) sales of motor vehicles that use alternative fuel if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A R S Section 1-215 . (11) the storage, use or consumption of tangible personal property in the city or town by a school district or charter school (mm) renewable energy credits or any other unit created to track �► energy derived from renewable energy resources. For the purposes of this paragraph, "renewable energy credit" means a unit created administratively by the corporation commission or governing body of a public power utility to track kilowatt hours of electricity derived from a renewable energy resource or the kilowatt hour equivalent of conventional energy resources displaced by distributed renewable energy resources (nn) magazines or other periodicals or other publications by this state to encourage tourist travel (oo) paper machine clothing, such as forming fabrics and dryer felts, sold to a paper manufacturer and directly used or ORDINANCE NO 1420 PAGE 10 OF 13 consumed in paper manufacturing. (pp) overhead materials or other tangible personal property that is used in performing a contract between the United States government and a manufacturer, modifier, assembler or repairer, including property used in performing a subcontract with a government contractor who is a manufacturer, modifier, assembler, or repairer, to which title passes to the government under the terms of the contract or subcontract (qq) coal, petroleum, coke, natural gas, virgin fuel oil and electricity sold to a qualified environmental technology manufacturer, producer or processor as defined in A.R. S. Section 41-1514 02 and directly used or consumed in the generation or provision of on-site power or energy solely for environmental technology manufacturing, producing or processing or environmental protection. This paragraph shall apply for twenty full consecutive calendar or fiscal years from the date the first paper manufacturing machine is placed in service In the case of an environmental technology manufacturer, producer or processor who does not manufacture paper, the time period shall begin with the date the first manufacturing, processing or production equipment is placed in service (rr) machinery, equipment, materials and other tangible personal property used directly and predominantly to construct a qualified environmental technology manufacturing, producing or processing facility as described in A R S Section 41- 1514 02 This subsection applies for ten full consecutive calendar or fiscal years after the start of initial construction (ss) (Reserved) SECTION II DESIGNATING AN EFFECTIVE DATE The provisions of this ordinance implementing a use tax rate of two and five tenths percent (2 5%) shall become effective on January 1, 2016 . SECTION III PROVIDING FOR PENALTIES ORDINANCE NO 1420 PAGE 11 OF 13 Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor and shall be prosecuted pursuant to Article 1-8 of the Apache Junction City Code and Section 8A-580 of the Tax Code of the City of Apache Junction SECTION IV REPEALING ANY CONFLICTING PROVISIONS • All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION V PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance 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 VI PROVIDING FOR NOTICE Pursuant to A R S §42-6052 (E) , staff shall provide a fully executed copy of this ordinance to the Municipal Tax Code Commission and the Arizona Department of Revenue within ten days after the passage date of this ordinance PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2015 SIGNED AND ATTESTED TO THIS DAY OF , 2015 JOHN S INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk ORDINANCE NO 1420 PAGE 12 OF 13 APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney .00114. ORDINANCE NO. 1420 PAGE 13 OF 13 ROLL CALL VOTE NOTES 1 ITEM # I MEETING OF Vv" MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON f VICE MAYOR BARKER I COUNCILMEMBER SERDY COUNCILMEMBER EVANS / COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 6 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED ORDINANCE NO 1420 FOR PROPOSED ADOPTION OF A USE TAX• THAT rc STAFF PRESENT A FINAL PROPOSED ORDINANCE NO. 1420 BASED ON THE DRAFT DATED SEPTEMBER 14, 2015 AND INCLUDE ANY CHANGES DEEMED NECESSARY BY THE CITY ATTORNEY AND POSSIBLE BEGINNING OF THE COLLECTION OF CITY SALES AND USE TAX BY THE ARIZONA DEPARTMENT F VE UE AND BRING IT BACK FOR A PUBLIC HEARING AND VOTE ON 1 )1 j I FURTHER MOVE THAT STAFF TAKE ALL ACTIONS NECESSARY TO MEET THE LEGAL REQUIREMENTS SET FORTH IN STATE LAW REGARDING NOTIFICATION OF THIS PENDING ACTION. Fgr, City of Apache Junction, Arizona 300 E Superstition + C+ Boulevard li Apache Junction AZ 85119 •z Agenda Item Cover Sheet r f•�Ff,. Agenda Item No 7 0 � File ID: 15-363 Sponsor: Bryant Powell Agenda Date.9/15/2015 Index* In Control. City Council Meeting Discussion on and possible selection of the final date, time, location and agenda items for a joint meeting between the City of Apache Junction City Council and Apache Junction Unified School District Governing Board Attachments• City of Apache Junction,Arizona Page 1 Printed on 9/8/2015 ROLL CALL VOTE NOTES: 9 n� (.)\ e5d J ITEM # MEETING OF J� MOTION BY. SECONDED BY: YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL r--9)/ /1- Iu /m Auk ITEM NO. 7 I MOVE THAT A JOINT MEETING BETWEEN THE APACHE JUNCTION CITY COUNCIL AND THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT GOVERNING BOARD BE HELD ON AT IN THE FOR THE FOLLOWING PURPOSE(S)- oft oft City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction AZ 85119 v Agenda Item Cover Sheet Agenda Item No.8 File ID: 15-350 Sponsor Kathy Connelly Agenda Date•9/15/2015 Index In Control. City Council Meeting Direction to staff on the procedure for annual board and commission appointments and reappointments Attachments: 1 City of Apache Junction,Arizona Page 1 Printed on 9/8/2015 ROLL CALL VOTE NOTES rokirikV ITEM # MEETING OF jall < MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY V� , COUNCILMEMBER RIZZI COUNCILMEMBER EVANS V COUNCILMEMBER WILSON f/ COUNCILMEMBER WALDRON V VICE MAYOR BARKER 11. MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL p ... p ITEM NO. 8 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCEDURE FOR ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS• THAT APPLICANTS FOR THE PLANNING AND ZONING COMMISSION, PARKS AND RECREATION COMMISSION, BOARD OF ADJUSTMENT AND LIBRARY BOARD BE INTERVIEWED AT THE WORK SESSION OF OCTOBER 5, 2015 WITH APPOINTMENTS BEING MADE AT THE REGULAR MEETING OF OCTOBER 6, 2015. THAT THESE INTERVIEWS INCLUDE BOTH NEW APPLICANTS AND EXISTING MEMBERS WHO WISH TO BE CONSIDERED FOR REAPPOINTMENT. AND THAT APPLICANTS FOR THE.CONSTRUCTION CODE BOARD OF APPEALS, HEALTH AND HUMAN SERVICES COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY AND MUNICIPAL PROPERTY CORPORATION BE INTERVIEWED AT THE WORK SESSION OF OCTOBER 19, 2015 WITH APPOINTMENTS BEING MADE AT THE REGULAR MEETING OF OCTOBER 20, 2015. THAT THESE INTERVIEWS INCLUDE BOTH NEW APPLICANTS AND EXISTING MEMBERS WHO WISH TO BE CONSIDERED FOR REAPPOINTMENT. ROLL CALL VOTE NOTES: 64' ITEM # MEETING OF ' v/,,t.s4 MOTION BY: SECONDED BY: flIPUI YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS / \ / COUNCILMEMBER SERDY V VICE MAYOR BARKER V COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NOS. 9-10 I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P M , AND A WORK SESSION AT 7.00 P M , BE HELD ON MONDAY, OCTOBER 5, 2015, 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, OCTOBER 6, 2015, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS � REG Ict< SPEC: CITY COUNCIL P / A P / A P I A MAYOR INSALACO VICE MAYOR BARKER v' COUNCILMEMBER EVANS ,/ COUNCILMEMBER RIZZI COUNCILMEMBER SERDY COUNCILMEMBER WALDRON V COUNCILMEMBER WILSON TOTAL CITY STAFF: rf "/ /LL City Manager Bryant Powell Assistant City Manager Matt ✓ / Busby City Clerk Kathleen Connelly ✓/ City Attorney Joel Stern V ;7" Public Safety Director Tom Kelly Public Works Director Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid Development Svcs Director Larry Kirch Human Resources Director Liz Riley Assistant to`he'CEy Manager /l( 11 OTHERS _ ' tl Date: q' �'� CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No.3 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 Noo Only If Necessary ❑ ❑ I am in favor of the proposed Item. o I am opposed to the proposed Item. AI r q Ls Name (Print) t S VLs kg t ci -f C 1 9 Address City Zip Code `6U 37/ S 3 30 4c-6 w9 ass .Q 4-cis . Co 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. f-,nsent for Minor to be Audio and/or Video Recorded: 1, , 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 Date: CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public J,' (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❑ NOD Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. /ESS /VES S'EP Name (Print) 7/ (1:f-eras Address City Zip Code giz- 4z-d3 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. r nsent for Minor to be Audio and/or Video Recorded: 1, , 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