[ CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately.]

MOTION TO APPROVE MAYOR. SECOND. ALL THOSE IN FAVOR? AYE. OPPOSED. ITEM PASSES. A1. ITEM A1, ORDINANCE NUMBER

[ Ordinance No. 2025.006: Relating to Mayor and Council; amending Marana Town Code Title 2 (Mayor and Council), amending Chapter 2-1 (Council) Section 2-1-4 (Vacancies) to provide for the filling of Council vacancies consistent with Arizona state law; amending chapter 2-2 (Council Elections) Section 2-2-8 (Automatic recount) to clarify when an automatic recount is required under state law; amending Chapter 2-3 (Mayor and Vice Mayor) Section 2-3-1 (Vice mayor) to add a provision for appointment of a vice mayor when the seat is vacant; and designating an effective date Resolution No. 2025-024: Relating to Mayor and Council; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2025.006, amending Marana Town Code Title 2 (Mayor and Council), amending Chapter 2-1 (Council) Section 2-1-4 (Vacancies) to provide for the filling of Council vacancies consistent with Arizona state law; amending Chapter 2-2 (Council Elections) Section 2-2-8 (Automatic recount) to clarify when an automatic recount is required under state law; amending Chapter 2-3 (Mayor and Vice Mayor) Section 2-3-1 (Vice mayor) to add a provision for appointment of a vice mayor when the seat is vacant (Jane Fairall) ]

2025.006, RELATING TO MAYOR AND COUNCIL AMENDING THE TOWN CODE TITLE TWO.

MAYOR AND COUNCIL AMENDING CHAPTER 2-1 COUNCIL, SECTION 2-1-4 VACANCIES TO PROVIDE FOR THE FILLING OF COUNCIL VACANCIES CONSISTENT WITH ARIZONA STATE LAW AMENDING CHAPTER 2-2 COUNCIL ELECTIONS.

SECTION 2-2-8, AUTOMATIC RECOUNT TO CLARIFY WHEN AN AUTOMATIC RECOUNT IS REQUIRED UNDER STATE LAW.

AMENDING CHAPTER 2-3 MAYOR AND VICE MAYOR. SECTION 2-3-1 VICE MAYOR TO ADD A PROVISION FOR APPOINTMENT OF A VICE MAYOR WHEN THE SEAT IS VACANT AND DESIGNATING AN EFFECTIVE DATE.

RESOLUTION NUMBER 2025-024 RELATING TO MAYOR AND COUNCIL DECLARING IS A PUBLIC RECORD FILED WITH THE TOWN CLERK.

THE AMENDMENTS ADOPTED BY ORDINANCE NUMBER 2025.0006.

AMENDING TOWN, AMENDING MARANA TOWN CODE TITLE TWO.

MAYOR AND COUNCIL AMENDING CHAPTER 2-1. COUNCIL SECTION 2-1-4.

VACANCIES TO PROVIDE FOR THE FILLING OF COUNCIL VACANCIES CONSISTENT WITH ARIZONA STATE LAW AMENDING CHAPTER 2-2 COUNCIL ELECTIONS.

SECTION 2-2-8 AUTOMATIC RECOUNT. TO CLARIFY WHEN AN AUTOMATIC RECOUNT IS REQUIRED UNDER STATE LAW.

AMENDING CHAPTER 2-2, MAYOR AND VICE MAYOR. SECTIONS 2-3-1 VICE MAYOR TO ADD A PROVISION FOR APPOINTMENT OF VICE MAYOR WHEN THE SEAT IS VACANT. THAT'S ALL. MAYOR POST.

VICE MAYOR, JIM ZIEGLER, MEMBERS OF THE COUNCIL.

AND I APOLOGIZE TO DEBBIE FOR ALL THAT READING.

THE ITEM BEFORE YOU TONIGHT IS TO AMEND A FEW PROVISIONS IN TITLE TWO OF THE TOWN CODE, WHICH DEALS WITH YOU ALL AND MAYOR AND COUNCIL. THESE ARE ALL ISSUES THAT CAME UP OVER THE LAST YEAR WITH OUR ELECTION AND THEN WITH THE PASSING OF MAYOR HONEA.

THAT WHERE WE REALIZED THAT OUR CODE DIDN'T WASN'T CONSISTENT WITH STATE LAW IN A COUPLE OF CASES.

AND THEN ANOTHER CASE WHERE WE JUST DIDN'T ADDRESS SOMETHING.

SO, THE AREAS ARE THAT WE NEED TO REVISE THE CODE RELATED TO HOW WE FILL VACANCIES IN THE MAYOR AND COUNCIL.

AND WHEN WE DO AN AUTOMATIC RECOUNT FOR AN ELECTION.

AND BOTH OF THOSE CHANGES ARE REQUIRED BECAUSE WE ARE OUT OF COMPLIANCE WITH STATE LAW.

[00:15:04]

STATE LAW CHANGED OVER THE YEARS AND OUR CODE DIDN'T KEEP UP.

BASICALLY IS WHAT HAPPENED IN THOSE AREAS. AND THE THIRD ISSUE IS WHEN IT HAS TO DO WITH WHEN WE HAVE A VACANCY IN THE VICE MAYOR SEAT, WHICH IS NOT A STATE LAW ISSUE, BUT JUST SOMETHING THAT WE NEED TO HAVE A PROVISION IN OUR CODE ABOUT TURNING FIRST TO SECTION TWO, DASH ONE, DASH FOUR OF THE CODE, WHICH IS WHERE WE ADDRESS COUNCIL MEMBER VACANCIES AND MAYOR VACANCY, AND WHAT WE WILL DO IN THOSE CASES IN OUR CODE WE HAVE IT SEPARATED OUT.

ONE SECTION. ONE PARAGRAPH DEALS WITH COUNCIL MEMBER VACANCIES, AND A DIFFERENT PARAGRAPH DEALS WITH THE MAYOR FOR THE COUNCIL VACANCY.

WHAT IT SAYS RIGHT NOW IS THAT IF WE HAVE A VACANCY ON THE COUNCIL, THE COUNCIL WILL APPOINT SOMEONE FOR THE UNEXPIRED TERM OF THE COUNCIL MEMBER, REGARDLESS OF WHEN THE VACANCY OCCURS. WHAT THE CODE SAYS REGARDING MAYOR VACANCIES IS THAT IF THE VACANCY OCCURS MORE THAN 18 MONTHS INTO THE MAYOR'S TERM, THEN THE COUNCIL WILL APPOINT FOR THE UNEXPIRED TERM.

AND IF IT OCCURS WITHIN THE FIRST 18 MONTHS OF THE TERM, THEN THE COUNCIL WILL APPOINT SOMEONE UNTIL A SPECIAL ELECTION, WHICH WILL TAKE PLACE AT THE NEXT PRIMARY AND GENERAL ELECTION, AND THEN THAT PERSON THAT'S ELECTED WOULD COMPLETE THE TERM.

THAT'S NOT WHAT STATE LAW SAYS. STATE LAW AND THE STATE LEGISLATURE FOR NON-CHARTER CITIES HAS PREEMPTED THE FIELD AND SAID, THIS IS A MATTER OF STATEWIDE CONCERN AND YOU HAVE TO BE CONSISTENT WITH WHAT WE'RE DOING.

SO, IN THE STATE LAW, WHICH IS ARS 9-235 AND PARAGRAPH A ADDRESSES THIS, THEY DON'T MAKE ANY DISTINCTION BETWEEN WHETHER IT'S A MAYOR OR A COUNCIL VACANCY.

IT JUST SAYS THAT IF THE VACANCY OCCURS MORE THAN 30 DAYS BEFORE THE NOMINATION PETITION DEADLINE, THEN THE COUNCIL WILL APPOINT UNTIL A SPECIAL ELECTION AT THE NEXT PRIMARY GENERAL ELECTION.

IF THE VACANCY OCCURS LESS THAN 30 DAYS BEFORE THE NOMINATION PETITION DEADLINE, THEN THE COUNCIL APPOINTS FOR THE UNEXPIRED TERM.

WHEN WE DO HAVE TO HAVE A SPECIAL ELECTION. THE STATE LAW ALSO STATES THAT IF A PERSON IS ELECTED AT THE SPECIAL ELECTION, AT THE PRIMARY ELECTION, I MEAN, THEY WILL TAKE OFFICE IMMEDIATELY.

WE DON'T NORMALLY WHEN THAT HAPPENS, WE WAIT UNTIL AFTER THE DATE OF THE GENERAL ELECTION.

BUT IN THIS CASE, IF SOMEBODY IS, APPOINTED, THEN THEY WILL TAKE AND SOMEONE ELSE WINS THE ELECTION.

THEY TAKE OFFICE IMMEDIATELY AFTER THE PRIMARY ELECTION.

SO, THE PROPOSED ORDINANCE AND RESOLUTION WILL AMEND OUR TOWN CODE JUST TO BE CONSISTENT WITH WHAT THE STATE LAW SAYS.

SO, IT WILL BE THE 30 DAYS BEFORE OR AFTER THE NOMINATION PETITION DEADLINE WILL DETERMINE HOW WE FILL A VACANCY IN A MAYOR OR COUNCIL SEAT GOING FORWARD. IF THIS IS APPROVED, THE AUTOMATIC RECOUNT.

SURE. SO THAT WASN'T OUR IN OUR RECORDS, BUT THAT'S WHAT WE DID.

WELL FOR WHEN MAYOR HONEA PASSED? YEAH. COUNCILMEMBER COMERFORD.

SO, WHEN MAYOR HONEA PASSED, EVEN THOUGH OUR CODE SAID SOMETHING DIFFERENT THAN THE STATE LAW, THERE WAS NO ACTUAL DIFFERENCE BECAUSE HE PASSED AWAY AND THE SEAT WAS VACANT WITHIN THE FIRST 18 MONTHS, LIKE OUR CODE SAID. RIGHT. AND ALSO MORE THAN 30 DAYS BEFORE THE PETITION NOMINATION DEADLINE.

SO EVEN THOUGH OUR CODE WASN'T CONSISTENT WITH THE STATE LAW, IT WAS STILL THE SAME PROCESS BECAUSE IT WAS RIGHT AT THE BEGINNING OF HIS TERM.

SO IT DIDN'T CREATE ANY CONFLICT IN HOW WE PROCEEDED WITH ANY OF IT.

RIGHT. OKAY. MR. MAYOR? YES. OKAY. THAT'S I'M GLAD YOU ASKED THAT, BECAUSE I THOUGHT WE'D HAVE TO DO THIS ALL OVER AGAIN IF WE WERE NOT. NO, MAYOR VICE MAYOR ZIEGLER, WHEN IT HAPPENED, WHEN HE PASSED, DAVID AND I BOTH LOOKED AT THE CODE AND WE WERE LIKE, OH, OUR CODES DOESN'T COMPLY WITH STATE LAW.

BUT THANKFULLY, IT DIDN'T MATTER. IT WAS A DISTINCTION WITHOUT A DIFFERENCE.

IN THIS PARTICULAR CASE, IT DIDN'T CREATE A CONFLICT.

THEY BOTH SAID THE SAME HAD THE SAME RESULT IN THIS CASE BECAUSE OF THE TIMING.

SO, WE'RE GOOD. AND THEN THE OTHER THE NEXT SECTION IS SECTION 228 OF OUR CODE WHICH ADDRESSES AUTOMATIC RECOUNTS. AND WHAT OUR CODE SAYS IS THAT WE HAVE TO DO AN AUTOMATIC RECOUNT IF THE MARGIN OF THE VOTES IS LESS THAN FIVE VOTES.

STATE LAW ARS 16661 A HAS A MORE COMPLICATED METRIC.

[00:20:07]

IT'S IF THE MARGIN IS LESS THAN OR EQUAL TO ONE HALF OF 1% OF THE NUMBER OF VOTES CAST.

SO IT'S A LITTLE BIT MORE COMPLICATED. YEAH. SO AGAIN, WE WENT THROUGH THIS WITH OUR ELECTION, THIS LAST ELECTION. IT DIDN'T WE WERE ABLE TO DO IT THE WAY THAT THE STATE LAW REQUIRED US TO DO IT AND MOVE THROUGH THAT.

SO, IT'S DONE. BUT WE WANTED TO ONCE WE GOT PAST EVERYTHING, WE'D COME BACK TO THE COUNCIL AND CHANGE THE CODE TO SAY WHAT THE STATE LAW SAYS.

AND THEN THE FINAL THING HAS TO DO WITH THE SELECTION OF THE VICE MAYOR.

WE JUST REALIZED WHEN, ONCE THE COUNCIL APPOINTED MAYOR POST FROM VICE MAYOR TO MAYOR, WE REALIZED THAT THE CODE DIDN'T EXPLICITLY SAY, HOW DO WE CHOOSE A VICE MAYOR WHEN WE HAVE A VACANCY IN THE VICE MAYOR POSITION? SO AGAIN, WE DISCUSSED IT AND WE SAID, WELL, WE'LL JUST DO IT THE SAME WAY THAT WE ALWAYS DO IT, WHICH IS WHAT WE DID. BUT AGAIN, WANTED TO COME BACK AND CLEAN UP THE CODE AND ADD A NEW PARAGRAPH THAT BASICALLY SAYS THAT IF THERE'S A VACANCY IN THE VICE MAYOR SEAT, WE WILL FILL IT USING THE SAME PROCEDURES THAT WE USE AFTER A GENERAL ELECTION.

SO IT'S ALL CLEAN UP WORK. AND WITH THAT, WE RECOMMEND THAT WE ADOPT THE ORDINANCE AND THE RESOLUTION.

AND I'D BE HAPPY TO TAKE ANY QUESTIONS. DO YOU HAVE ANY QUESTIONS? I HAVE A QUESTION, MAYOR. YES. HEY, JANE, YOU WERE MENTIONING SPECIAL ELECTIONS VERSUS OUR REGULAR ELECTIONS.

WHAT, HOW DO YOU DEFINE THE SPECIAL ELECTION? MAYOR POST, VICE MAYOR ZIEGLER, COUNCIL MEMBER CAVANAUGH. SO IN THIS CASE, WE WILL HAVE SO IN 2026, WE WILL HAVE OUR REGULAR ELECTIONS FOR THE COUNCIL MEMBER SEATS THAT WERE ELECTED BACK IN 2022 THAT ARE COMING UP ON THEIR FOUR YEAR TERM.

BUT WE WILL ALSO, AT THE SAME TIME HAVE A SPECIAL ELECTION FOR MAYOR.

THAT WILL BE TO SEE WHO'S GOING TO SERVE THOSE LAST TWO YEARS, FROM 2026 TO 2028 OF MAYOR HONEA'S ORIGINAL TERM.

OH. AND THEN IN TWO YEARS, THEY HAVE TO GO AND TURN AROUND AND RUN AGAIN.

YES. YEAH. OKAY. OKAY. THANK YOU FOR THAT CLARIFICATION.

JANE. IS THERE ANYTHING ABOUT HAVING TO DO A APPOINTMENT FOR ANY VACANCIES? MAYOR POST, LIKE IF WE HAVE A VACANCY ON THE COUNCIL DOES? CHOOSE NOT TO OR WE DON'T FEEL LIKE IT'S ADVANTAGEOUS OR I MEAN, ARE WE FORCED TO MAKE A APPOINTMENT? MAYOR POST, I THE STATE LAW ISN'T EXPLICIT, BUT I WOULD ADVISE YOU THAT YES, YOU WOULD HAVE TO MAKE AN APPOINTMENT IN ORDER TO HAVE A FULL COUNCIL CONSTITUTED WITH SEVEN MEMBERS, BECAUSE THAT'S THE WAY THAT WE HAVE.

RIGHT INTO THE CODE OR WE'RE JUST GOING TO ASSUME THAT WE'RE GOING TO DO THAT.

MAYOR POST, OUR CODE DOES SAY THAT WE SHALL. I THOUGHT YOU MEANT DOES THE STATE LAW MANDATE THAT SAYS WE WILL.

WE WILL FILL, YES IT DOES. SO EVEN IF IT'S THREE MONTHS LEFT, FOUR MONTHS LEFT, WE WILL APPOINT SOMEBODY TO FILL A VACANCY, IS THAT CORRECT? MAYOR POST, THAT'S CORRECT. I THINK THERE IS ALSO LEGISLATION I'VE HEARD MAKING ITS WAY RIGHT NOW.

I DON'T KNOW IF IT'S GOING TO GET PASSED. THAT IT'S ACTUALLY GOING TO PUT TIME LIMITS ON WHEN A MUNICIPALITY.

GOING TO GET DONE. FILLED, YEAH, TO GET A SEAT FILLED IF THERE'S A VACANCY.

IT HASN'T BEEN PASSED YET, BUT THERE'S IT'S BEEN INTRODUCED.

OKAY. ANY OTHER QUESTIONS? VICE MAYOR. THANK YOU, MAYOR.

SO, WHAT IF WE'VE ONLY THE LENGTH BETWEEN, LET'S SAY THERE'S AN ELECTION COMING UP AND WE HAVE TO APPOINT SOMEBODY. THERE'S AN INCIDENT WHERE WE HAD TO APPOINT SOMEBODY TWO MONTHS BEFORE THE ELECTION.

WOULD WE DO THAT? THAT DOESN'T MAKE ANY SENSE TO ME.

MAYOR POST, VICE MAYOR ZIEGLER. THAT'S A GOOD QUESTION.

IF IT WAS THAT CLOSE TO THE ELECTION, I GUESS WE WOULD PROBABLY NEED TO TALK ABOUT IT AND DECIDE WHAT WE THINK MADE THE MOST SENSE LEGALLY AND PROTECTED THE TOWN THE MOST. SO, BECAUSE I REMEMBER WHEN CAROL MCGORRAY PASSED AND THERE WAS 5 OR 6 MONTHS FOR I THINK SHE PASSED IN APRIL, MARCH OR APRIL.

THEN THERE WAS AN ELECTION COMING UP IN AUGUST, AND I REMEMBER BEING TOLD THAT WE HAD TO APPOINT SOMEBODY.

AND I WAS TOLD, WELL, WE HAD TO APPOINT SOMEBODY.

SO RIGHT NOW, IS THAT THE WAY IT READS THAT WE OR IS IT SILENT?

[00:25:05]

AND WE JUST DECIDED TO DO IT? MAYOR POST, VICE MAYOR ZIEGLER.

SO I THINK IN THAT CASE, WE HAD SEVERAL MONTHS, AND I AGREE WITH THE STATEMENT THAT WE NEED TO MOVE FORWARD WITH APPOINTING SOMEONE IF IT WAS BETWEEN APRIL AND AUGUST. I'M JUST LOOKING AT.

BUT IN OUR CODE, BUT SHOULDN'T WE PUT SOMETHING IN THERE THOUGH, BECAUSE IT DOESN'T SOUND LIKE THERE IS ANYTHING THAT SAYS, OKAY, IF WE'RE ONLY TWO MONTHS OUT, NO, IF WE'RE SIX MONTHS OUT, YES, WE'RE GOING TO APPOINT SOMEBODY.

AND THAT'S NOT IN OUR CODE AT THIS TIME, RIGHT? MAYOR POST, VICE MAYOR ZIEGLER. NO, THERE'S NO TIME FRAME LIKE THAT IN THE CODE RIGHT NOW.

WHAT IT SAYS, I BELIEVE, IS THAT WE SHALL APPOINT SOMEBODY WHEN WE HAVE A VACANCY.

AND UNDER OUR CODE, WE HAVE CONSTITUTED OURSELVES AS A SEVEN MEMBER GOVERNING BODY.

SO I THINK THE ANSWER TO THE QUESTION IS IF WE CAN SOLICIT APPLICATIONS AND GET IT DONE BEFORE THE ELECTION, THEN MY ADVICE IS GOING TO BE THAT WE NEED TO DO THAT.

BUT IF THERE'S NOT ENOUGH TIME TO DO ALL OF THAT, THEN WE WOULD HAVE TO TALK ABOUT PROCEDURE.

IF YOU CAN'T GET IT DONE BEFORE AN ELECTION. AND WHAT I WAS SAYING TO MAYOR POST JUST A MOMENT AGO IS THERE IS SOME LEGISLATION, PROPOSED LEGISLATION THAT WOULD GIVE A DEADLINE FOR A COUNCIL IN THAT SITUATION, WOULD ONLY HAVE 30 DAYS TO APPOINT SOMEONE, OR 60 DAYS TO GIVE US DEADLINES. I WOULD NOT RECOMMEND THAT WE ADD SOMETHING TO OUR CODE SAYING WE WILL IF IT'S, YOU KNOW, THREE MONTHS, BUT WE WON'T IF IT'S TWO MONTHS.

I THINK THAT WE NEED TO COMPLY WITH THE LAW. IT SHOULD JUST SAY WHEN THERE'S A VACANCY, WE'RE GOING TO MOVE FORWARD WITH APPOINTING SOMEONE.

OBVIOUSLY IF WE END UP, YOU KNOW, THE DAY BEFORE AN ELECTION OR A COUPLE OF WEEKS BEFORE AN ELECTION, THEN REALITY AND PRACTICALITY IS GOING TO SET IN.

OKAY, I WILL TAKE YOUR ADVICE. THANK YOU. VERY GOOD.

ANY OTHER QUESTIONS? COUNCIL'S PLEASURE. COUNCILMEMBER KAI.

MAYOR. WE NEED A MOTION FOR THE ORDINANCE AND THE RESOLUTION, IS THAT RIGHT? YES, PLEASE. MOVE TO ADOPT ORDINANCE NUMBER 2025.006 AND RESOLUTION NUMBER 2025-024. SECOND. WE HAVE A MOTION AND A SECOND.

ALL THOSE IN FAVOR? AYE. OPPOSED. THE ORDINANCE AND THE RESOLUTION PASS.

THANK YOU. A2. YES. YES. COUNCILMEMBER KAI. HAVE A GOOD EVENING.

[ Resolution No. 2025-025: Relating to the Marana Regional Airport; approving and authorizing the Mayor to sign the Second Amendment to Marana Regional Airport Lease Agreement with The J.D. Russell Company (David L. Udall)]

THANK YOU VERY MUCH FOR EVEN SHOWING UP. APPRECIATE THAT.

OKAY. NO YOU CAN'T GO. EASY NOW, EVERYBODY SETTLE DOWN.

A2. ITEM A2, RESOLUTION NUMBER 2025-025, RELATING TO THE MARANA REGIONAL AIRPORT.

APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT TO THE MARANA REGIONAL AIRPORT LEASE AGREEMENT WITH JD RUSSELL COMPANY.

MR. UDALL. MAYOR POST, VICE MAYOR. ZIEGLER, COUNCIL MEMBERS, GOOD EVENING.

IN 2020, THE TOWN ENTERED INTO A LEASE WITH THE J.D.

RUSSELL COMPANY. THIS WAS FOR PROPERTY LOCATED ON THE EAST SIDE OF THE AIRPORT BY THE EAST APRON.

THE LEASE IS FOR 25 YEARS, WITH A TEN YEAR EXTENSION PERIOD AT THE OPTION OF J.D.

RUSSELL. IT WAS AMENDED IN 2021 TO EXPAND THE LEASE AREA FOR A TOTAL LEASE COVERAGE AREA OF ABOUT AN ACRE.

JD RUSSELL IS NOW PLANNING TO CONSTRUCT TWO ADDITIONAL BOX HANGARS ON THE LEASED PREMISES.

THEY'VE ALREADY CONSTRUCTED ONE HANGAR THERE, AND IN ORDER TO AMORTIZE THE NEW HANGARS.

JD RUSSELL IS REQUESTING TEN ADDITIONAL YEARS TO BE ADDED ON THE RENEWAL PERIOD.

AND THAT TIME FRAME, I MAY HAVE ALREADY MENTIONED THIS, BUT JUST TO MAKE SURE THAT TIME PERIOD IS TEN YEARS.

SO IT WOULD BE A TEN YEAR OPTION. AND THEN IF WE GRANT THEIR REQUEST, IT WOULD BE AN ADDITIONAL TEN YEARS.

IF APPROVED, THE ITEM BEFORE YOU TONIGHT WOULD AUTHORIZE THE MAYOR TO SIGN AN AMENDMENT TO THE JD RUSSELL LEASE THAT WOULD ALLOW FOR THAT TEN YEAR EXTENSION, BUT ONLY IF THEY ACTUALLY CONSTRUCT THE BOX HANGARS.

SO, THEY WOULD NEED TO SHOW US PROOF OF CERTIFICATE OF OCCUPANCY.

AND THEN IF THEY DO THAT BY OPERATION OF THE AGREEMENT, THAT TEN YEARS WOULD AUTOMATICALLY KICK IN.

IF THEY DON'T, THEN IT WOULD REMAIN JUST THE TEN YEAR OPTION.

WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS.

[00:30:02]

STAFF DOES RECOMMEND APPROVAL. ANY QUESTIONS? PATTI. COUNCILMEMBER COMERFORD. DO WE HAVE A TIME FRAME? THEY'VE BEEN REALLY, REALLY GREAT, A GREAT PARTNER OUT THERE.

BUT DO WE HAVE A TIMEFRAME OF CONSTRUCTION FOR THEIR ADDITION? YES, MAYOR, POST, VICE MAYOR ZIEGLER, COUNCILMEMBER COMERFORD THEY DO HAVE A CERTAIN TIME FRAME IN WHICH THEY NEED TO DEVELOP.

THEY HAVE ALREADY CONSTRUCTED A HANGAR OUT THERE.

THE WAY THAT THIS LEASE WOULD WORK, OR THIS AMENDMENT WOULD WORK, IS THAT THEY WOULD NOT GET THE ADDITIONAL TEN YEARS UNLESS THEY ACTUALLY BUILD THOSE HANGARS. SO, BY US APPROVING THIS, IT'S STILL KIND OF HANGS AS AN APPROVAL FOR WHATEVER UNTIL THE END OF THEIR TEN YEARS. MAYOR POST, COUNCILMEMBER COMERFORD.

YES. SO THEY WOULD NOT GET THE BENEFIT OF THE ADDITIONAL TEN YEARS UNLESS THEY ACTUALLY PERFORM.

SO UNLESS THEY ACTUALLY BUILD THOSE BOX HANGARS, THEN THE LEASE WOULD REMAIN AS IS.

VICE MAYOR. THANK YOU, MR. MAYOR. I THINK PATTY JUST ASKED, AND I'M NOT SURE IF I'M CLEAR YET, SO. AND I HAD THAT DOWN. PATTY. WHAT'S THE TIME FRAME TO BUILD THE BOX HANGARS? I UNDERSTAND IN ORDER TO GET THE EXTENSION, THEY HAVE TO DO IT WITHIN TEN YEARS.

BUT WHAT IF THEY START ON THE NINTH YEAR? I MEAN, DOES IT MATTER IF THEY START BEFORE THE DAY? BEFORE TEN YEARS? THEY YOU KNOW WHAT I MEAN. THE LAST DAY OF CERTIFICATE.

BUT THEY COULDN'T. BUT THEY BUT, OKAY, OKAY, OKAY.

YOU'RE RIGHT PATTI. SO THEY GET THE CERTIFICATE.

TEN YEARS. NO MATTER WHEN THEY DO THE PROJECT, THEY GET TEN ADDITIONAL YEARS.

YEAH. IF THEY IF THEY TILL FIVE YEARS BEFORE THEIR ORIGINAL TEN YEAR EXTENSION IS DONE, THEY GET 15.

THEY ONLY GET TEN MORE NO MATTER WHAT. OKAY. AND THEN WHAT, AND DID THEY I DON'T KNOW FAUSTO.

SO, WHEN THEY BUILD. OH. MAYOR POST, VICE MAYOR ZIEGLER, IF I MAY, JUST BRIEFLY.

YES, JUST TO MAKE SURE WE'RE CLEAR AS WELL. THE CURRENTLY, WE'RE JUST IN THE FIRST 25 YEAR PERIOD.

THIS ADDITIONAL TEN YEARS IS ADDED ON TO THE RENEWAL OPTION.

SO RIGHT NOW WE'RE IN THE 25 YEAR LEASE WINDOW.

THEY HAVE A TEN YEAR OPTION THAT THEY CAN EXERCISE WHEN THIS WINDOW IS OVER.

IF THEY BUILD THE BOX HANGARS, THEN THAT 20 YEAR OPTION OR THAT TEN YEAR OPTION BECOMES A 20 YEAR OPTION.

SO, AT THIS POINT IN TIME, THEY HAVE 40 YEARS LEFT.

AT THIS POINT IN TIME, IT'S A 35 YEAR LEASE TOTAL IF THEY EXERCISE THE OPTION CURRENTLY AS IS, BUT IF THEY END UP BUILDING THE BOX HANGARS, IT WOULD BE A 45 YEAR LEASE IF THEY EXERCISED THE OPTION.

AND THEN I'M ASSUMING THAT WELL IT SAYS ALL TERMS ARE THE SAME.

SO THE THOSE BOX HANGERS WILL CONTINUE TO BE ESCALATED EVERY THREE YEARS AS WE DO NOW. IN FACT, I THINK WE WERE, DID WE INVOICE THEM FOR THERE'S BEEN THREE YEARS AND THEN WE CAN ESCALATE ON THE $0.45. SENSE. SO DID WE DO THAT? MAYOR POST, VICE MAYOR ZIEGLER, I DON'T HAVE THE SPECIFIC INFORMATION ONTO WHETHER IT WAS DONE, BUT I DO KNOW THE LEASE TERM DOES REQUIRE THAT THE RENT BE INCREASED IN ACCORDANCE WITH THE CONSUMER PRICE INDEX.

YES. AND I BELIEVE IT IS EVERY THREE YEARS. AND IT IS.

I BELIEVE THAT'S THE CASE. YES. OKAY. SO I'M JUST SAYING AT THAT TIME HAS PASSED, I'M NOT TRYING TO TELL YOU HOW TO DO YOUR JOB.

I'M SORRY, BUT IT'S BEEN THREE YEARS, SO WE SHOULD BE INVOICING THEM FOR THE HANGAR THAT'S OUT THERE NOW.

BECAUSE I THINK IT WAS BUILT IN 22. THE HANGAR, WELL, THAT'S WHAT IT SAYS IN THE PAPER.

AND I WAS LOOKING AT THE RESOLUTION. AND THAT HANGAR HAS BEEN OUT THERE SINCE 22.

SO I GUESS I JUST WANT TO. SUGGEST THAT WE LOOK AND MAKE SURE WE DON'T FORGET TO INVOICE THEM.

WE'LL DO. OKAY. AND SECONDLY, THE BOX HANGARS WILL ALSO THE INVOICE AT THE THROUGH THE CONSUMER INDEX AT THE SAME RATE.

MAYOR POST, VICE MAYOR ZIEGLER. THAT IS CORRECT.

SO ALL OTHER TERMS OF THE LEASE REMAIN THE SAME.

THEY WILL ALL APPLY TO. I THINK YOU ANSWERED EVERYBODY.

YES. THANK YOU. WHAT ARE WE PROVING TONIGHT? WELL, I THINK IT'S GREAT.

SO THAT'S AWESOME. I'M EXCITED. I HOPE THOSE GUYS CONTINUE TO HAVE MUCH SUCCESS THERE.

GREAT TENANTS AND ALL THAT. I JUST DON'T WANT US TO GET INTO A POSITION AGAIN WHERE IT'S 30 YEARS DOWN THE ROAD.

[00:35:04]

NOBODY CAN REMEMBER WHAT, WHO DID WHAT. NOBODY'S HERE THAT WAS THERE.

AND YOU KNOW WHAT I MEAN. WELL, THERE. THAT'S A LONG TIME.

45 YEARS IS A LONG TIME. DAVID WILL BE HERE. AND THEY'RE HERE AND THEY'RE THERE.

OH, GOSH. FAUSTO. THERE ARE ONLY TENANTS. I MEAN, AS FAR AS I KNOW, THAT'S THE ONLY ONE.

YEAH, THERE ARE ONLY ONES AND THEY'RE THE BEST ONES.

AND I'M JUST SPEAKING. CORRECT. CORRECT. YEAH.

OKAY. THANK YOU. MAYOR I HAD A HAD A. COUNCIL MEMBER KAVANAUGH.

YEAH. JUST TO CLARIFY, THIS IS AN ACCOUNTING TOOL FOR THEM TO AMORTIZE THIS OUT.

IT GIVES THEM MORE TIME TO PAY. COUNCIL MEMBER KAVANAUGH.

YES, THAT IS CORRECT. THAT IS THE REASON THAT THEY DESIRE THIS AMENDMENT IS TO BE ABLE TO GET THE RETURN ON THEIR INVESTMENT.

EXACTLY. OKAY. AND THE BENEFIT ON OUR END IS ITS DEVELOPMENT AT THE AIRPORT.

SURE. THANK YOU FOR CLARIFICATION. THANK YOU. YOU'RE WELCOME. MAYOR POST, VICE MAYOR ZIEGLER.

YES. MR. COUNCIL MEMBER CAVANAUGH, YOU MENTIONED A POINT THAT OBVIOUSLY THEY WANT TO CONSTRUCT SOONER THAN LATER TO AMORTIZE THE BUILDING.

SO, IT IS IN THEIR BEST INTEREST TO ACTUALLY DO SO SOONER THAN LATER.

THANK YOU. ANY OTHER QUESTIONS? COUNCIL'S PLEASURE.

MR. MAYOR? YES. MOVE TO APPROVE. SECOND. OH, I THOUGHT YOU WERE GOING TO READ THE WHOLE THING.

NO, YOU DON'T. NO, YOU DON'T HAVE TO. I'M A LITTLE LIKE.

[INAUDIBLE] MOTION AND A SECOND. ALL THOSE IN FAVOR? AYE. OPPOSED? ITEM PASSES. THANK YOU.

D1. IS D1.

WHERE'S JASON? D1, RELATING TO LEGISLATION AND GOVERNMENT ACTIONS.

[ Relating to Legislation and Government Actions; discussion and possible action or direction regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Terry Rozema)]

DISCUSSION AND POSSIBLE ACTION OR DIRECTION REGARDING ALL PENDING STATE, FEDERAL AND LOCAL LEGISLATION.

GOVERNMENT ACTIONS ON RECENT AND UPCOMING MEETINGS OF OTHER GOVERNMENTAL BODIES.

MR. ROZEMA. MR. MAYOR, VICE MAYOR, MEMBERS OF COUNCIL.

I DON'T KNOW HOW WE ARE TEN WEEKS INTO THE LEGISLATIVE SESSION AND THIS IS MY FIRST LEGISLATIVE UPDATE.

BUT HERE WE STAND. SO IT KIND OF FEELS LIKE DEJA VU ALL OVER AGAIN, IN THE WORDS OF YOGI BERRA, BECAUSE IT'S A LOT OF THE SAME A LOT OF BAD LEGISLATION THAT KEEPS COMING BACK TO US.

THE HOUSING, THERE'S TWO HOUSING BILLS OUT THERE.

HOUSE BILL 2371. REALLY PRETTY MUCH STRIPS JURISDICTIONS OF ANY RIGHTS WHATSOEVER WHEN IT COMES TO ESTABLISHING WHAT THEY WANT THEIR COMMUNITY TO LOOK LIKE.

SENATE BILL 1229 IS ESSENTIALLY A MIRROR BILL OF THAT HOUSE BILL.

THE TOWN STANDS IN OPPOSITION AS REGISTERED, OUR OPPOSITION TO BOTH OF THEM, AND WE WILL CONTINUE TO MONITOR WHERE THOSE GO.

I WILL SAY THAT THE GOVERNOR HAS TRIED TO BEGIN TO TAKE THE BULL BY THE HORNS ON THIS ONE AND IS MEETING WITH THE LEAGUE OF CITIES AND TOWNS AND DEVELOPERS TO TRY AND DEVELOP SOMETHING THAT EVERYBODY CAN LIVE WITH.

LET'S PUT IT THAT WAY. AND BROUGHT HER OUT. WHAT? WHAT GOT HER INTERESTED? I'M NOT REALLY CERTAIN.

I DON'T KNOW IF. ANDRE, IF YOU HAVE ANY INSIGHT INTO WHY SHE'S GOTTEN INVOLVED, OTHER THAN PERHAPS SHE'S TIRED OF SEEING THE SAME BILLS COMING BEFORE HER YEAR AFTER YEAR AFTER YEAR. MR. MAYOR, MEMBERS OF THE COUNCIL, IT IS HER PARTY ESSENTIALLY THAT'S REALLY PUSHING HER TO.