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05/06/2008 Amended Council Agenda Packet
~ciWN ~~ gRiZOrva AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 6, 2008, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Jon Post Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. AS A COURTESY TO OTHERS PLEASE TURN OFF OR PUT IN SII~EM MODE ALL PAGERS AND CELL PHONES. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than May 5, 2008, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. SOW N Ot v MAi2ANA ~ gR1ZONP AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 6, 2008, at or after '7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS - ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - 1. Silver Star Day (Jocelyn Bronson) 2. Public Works Week Proclamation (Jocelyn Bronson) F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. ~nW N pF ;F :, , v MAt~ANA ~ '4RIZOry~' Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03 (A)(1), (3) and (4) for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of public officer, appointee or employee of Marana, and legal advice and direction to its representatives concerning negotiations and possible agreement relating to same. 3. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131. AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 6, 2008, at or after 7:00 p.m. 1. Resolution No. 2008-58: Relating to Administration; approving and authorizing the renewal of an intergovernmental agreement with Pima County for payment of incarceration of municipal prisoners (Jocelyn Bronson) 2. Resolution No. 2008-59: Relating to Development; approving and authorizing a final plat for Arcobaleno (Kevin Kish) 3. Minutes of the April 15, 2008 regular meeting. J. COUNCIL ACTION 1. Resolution No. 2008-60: Relating to Development; approving and authorizing the designation of a Single Central Business District in the Town of Marana (Kevin Kish) 2. Resolution No. 2008-61: Relating to Personnel; approving employee benefit rates for fiscal year 2009; and declaring an emergency (Deb Thalasitis) K. BOARDS, COMMITTEES AND COMMISSIONS L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat/Stephen Romero) M. EXECUTIVE SESSIONS `nWN OF 9 M~i1~~1NA ~ '4kIZON" AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 6, 2008, at or after 7:00 p.m. 4. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers 226-IS-008A, 226-IS- 018D, 221-OS-208B 226-15-008B, 226-15-017B, 226-15-018B and 226-15- 019A, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. 5. Executive session pursuant to A.R.S. ~ 38-431.03(A)(3) and (4) for discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct its attorneys regarding the public body's position in contemplated litigation or in settlement discussions conducted in order to avoid litigation concerning a personnel matter. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT Proclamation Silver Star Families of America 2008 WHEREAS, the Town of Marana honors the sacrifice of the men and women in the Armed Forces; and WHEREAS, the Silver Star Families of America was formed to remind us of the sacrifice those wounded made on our behalf by designing and manufacturing a Silver Star banner and flag; and WHEREAS, the Silver Star Families of America has given freely thousands of Silver Star banners to the wounded and their families; and WHEREAS, the members of the Silver Star Families of America have worked tirelessly to provide the wounded of Arizona and the USA with Silver Star banners, flags and care packages; and WHEREAS, the Silver Star Families of America's sole mission is that every time someone sees a Silver Star banner in a window or flying, that people remember the blood sacrificed for this state and our nation. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim as the official day. to honor the wounded soldiers of the Marana community May 1, 2008 SILVER STAR DAY and extend their appreciation to the Silver Star Families of America and honor their commitment to our wounded Armed Forces members. Dated this 22nd day of April, 2008. ATTEST: Jocely C. Bronson, Town Clerk ~~ Ed Honed, Mayc PROCLAMATI©N Public Works.Week 2008. WHEREAS, ,public works. infrastructure, facilities and services are of vital :importance to the health, afety and well-being of the citizens of the Town of` Marana~ :and WHEREAS, those facilities and <services could not be provided without -the `- dedicated effprts of::p~ublia works professionals, engineers;and administrators who represent the Town of Marina; and WHEREAS, those individuals who design, build; operate and main#ain the- transportafion systems, water`supply infras ructure, public buildings and other- structures qnd fiacilitaes are vita! to the citizens of the Town of Marina; and. `WHEREAS; it is "'rn the ,interest of the public for citizens and civic feaders~ to unders#and the role that public infrastructure plays in protec#ing the environment, improving public health and safety, contributing to economic vitality, and enhancing the qua ity oflife in this community. `NOW,: THERfFORE, the Mayor and Council of the Town of Marano proclaim. May 18-24, 2008 PUBLIC WORKS INEfK and recognize and celebrate the important contributions that pubNc works professionals make to improve the public infrastructure of "the Town of lvlarana; and further urge fhe citizens of the Marina community to recognize those contributions. Dated this bt" day of 1vlay, 2008. ATTEST: Ed Honea, Mayor Jocelyn C:'Bronson, Town Clerk ~pWN OR TOWN COUNCIL MEETING TOWN OF MARANA 9 MAkArvn ; INFORMATION gR1ZONP MEETING DATE: May 6, 2008 AGENDA ITEM: I. 1 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2008-58: Relating to Administration; approving and authorizing the renewal of an intergovernmental agreement with Pima County for payment for incarceration of municipal prisoners. DISCUSSION The Town of Marana and Pima County have entered into an intergovernmental agreement (IGA) setting forth a fee schedule for the housing of municipal prisoners. The IGA requires renewal on an annual basis, and the current IGA expires June 30, 2008. The renewal of the IGA for the period beginning July 1, 2008 through June 30, 2009 will be $176.25 for the first day booking and intake expenditures and prisoner housing. For each prisoner day following the first day, the Town of Marana shall pay $68.79 per day. RECOMMENDATION Staff recommends approval of the renewal of the IGA with Pima County for the housing of municipal prisoners. ATTACHMENT IGA for Payment for the Incarceration of Municipal Prisoners. SUGGESTED MOTION I move to approve Resolution No. 2008-58. Incarceration of Prisoners in Pima County MARANA RESOLUTION N0.2008-58 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS. WHEREAS, the Town of Marana requires use of an appropriate facility for incarceration of its prisoners; and WHEREAS, the Mayor and Council of the Town of Marana have determined that the Pima County Jail, owned and operated by Pima County, Arizona, will fulfill the Town's needs; and WHEREAS, A.R.S. Section 11-952 grants the Town the authority to enter into intergovernmental agreements; and WHEREAS, the Town and Pima County are currently parties to an intergovernmental agreement providing for incarceration of the Town's prisoners; and WHEREAS, said intergovernmental agreement will expire June 30, 2008; and WHEREAS, the Mayor and Council of the Town of Marana have determined that renewal of the Intergovernmental Agreement between the Town of Marana and Pima County for Payment for the Incarceration of Municipal Prisoners through June 30, 2009 is in the best interests of Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona as follows: Section 1. The Town is hereby authorized to enter into the Intergovernmental Agreement between the Town of Marana and Pima County for Payment for the Incarceration of Municipal Prisoners, attached hereto as Exhibit A and incorporated herein by this reference. Section 2. The Mayor of the Town of Marana is hereby authorized to execute said intergovernmental agreement. Section 3. The Town staff is hereby authorized to take all steps necessary to implement said intergovernmental agreement and give it effect. Section 4. That all orders or resolutions in conflict with this resolution be and the same are, to the extent of such conflict, hereby repealed, and that this resolution be in full force and effect immediately upon its adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Town of Marana Contract No. INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to ARS § 11-952 (as amended) by and between: THE TOWN OF MARANA, a municipal corporation, (hereinafter sometimes referred to as the "Town"); and THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona, (hereinafter sometimes referred to as the "County"), NOW THEREFORE, THE TOWN AND COUNTY HEREBY AGREE AS FOLLOWS: County will receive and detain all municipal prisoners who are medically fit to be incarcerated by County. County will provide booking services, and after booking, it will provide for the care, feeding and medical care of said prisoners, except as covered in paragraph 8. 2. Town of Marana will pay a first day billing rate of $176.25 dollars to cover booking and intake expenditures and prisoner housing. For each prisoner day following the first day, the Town of Marana shall pay $68.79 per day. The two rates are applicable to the period of July 1, 2008 through June 30, 2009. The billing day as defined herein applies to each Town of Marana prisoner who is an inmate in, or under control of the detention facilities maintained and operated by the County. 3. "Town of Marana Prisoner" shall mean any person who has been incarcerated as a result of a charge pending in the Town of Marana Court, as a result of an agreement between the Town of Marana and another jurisdiction to allow the person to serve his sentence locally, or has been sentenced pursuant to an order of the Town of Marana Court and for whom the Town of Marana has the legal obligation to provide or pay for prisoner housing (this Agreement does not create such an obligation, that obligation exists under current Arizona Law). A prisoner arrested by the Town of Marana Police Department solely on another governmental entity warrant is not a Town of Marana prisoner. Page 1 of 6 4. Criteria and Rules Governing Billing: a. A "billable day" is defined as that period commencing at 0000 hours and ending at 2359 hours that same day, or any fractional part thereof, of any day the Town of Marana prisoner is in the custody or control of detention facilities maintained and operated by the County. b. "Billable custody" is defined as any pretrial custody involving a misdemeanor offense which will be tried or adjudicated in Town of Marana Court; OR, any custody pursuant to a sentence imposed by the Town of Marana Court. c. "Local limited jurisdiction courts" are defined as those whose criminal jurisdiction is limited to misdemeanors. 5. Criteria for Assessment of Billing: a. The costs of incarceration of Town of Marana prisoners shall commence on the day the inmate was booked or held based upon a Town of Marana charge into Town of Marana Court or sentenced by Town of Marana Court. Costs for incarceration shall cease under the guidelines established earlier in this agreement under the definition of "billable day." b. When a prisoner is in custody for a charge or sentence from more than one local limited jurisdiction, the billing charges for days of joint custody shall be apportioned. Costs of incarceration for days of joint custody shall be apportioned evenly based on the guidelines established under the definition of "billable day" among those jurisdictions from which custody arises. c. A Town of Marana prisoner, who is subsequently charged into Pima County Superior Court and held in-custody on felony charges, will cease to accrue billing charges after 2359 hours on the date that custody for felony charges is established. Felony custody shall take effect on the date when charging information is received in the Pima County Adult Detention Center Records Section and the prisoner is actually being held in-custody on the felony charges. d. In the event of an escape, billing charges will cease to accrue after 2359 hours of the day of escape, or, in the case of a failure to report from authorized leave, billing charges will cease after 2359 hours of the last day of custody. Billing charges will begin again on the day that the prisoner is recaptured and is actually being held in the Pima County Detention Facility. 6. County will submit a statement of Town of Marana prisoner charges on a monthly basis. This statement shall provide information in alphabetical order as follows: Page 2 of 6 name of prisoner, booking date and hour, release date and hour, indication of booking day billing or subsequent day billing, billing period, daily rates, total billing days, and the total bill. The Town shall be allowed access to necessary computer systems in a timely manner to verify the billing. Any individual prisoner charges contested shall be made known to the County within 30 days after receipt of the monthly billing. If the Town notifies the County of a dispute within 30 days of receipt of the monthly billing, the Town may withhold payment on those specific prisoners for whom billing is disputed until the dispute has been resolved. No dispute will be accepted if not made within 30 days after the receipt on the monthly billing. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 days of the monthly billing. All charges shall be paid within sixty days of receipt of the monthly billing, excluding contested charges. Contested charges shall be paid 30 days of resolution of the dispute. Charges remaining unresolved after the 60-day period may be arbitrated by a mutually acceptable third party. Town agrees to pay interest on outstanding charges beginning on the 10`" day after resolution of the billing at a rate of 10% per annum until paid. Town agrees that when a check is sent to County in payment of previously disputed charge, Town will attach an invoice detailing what specific charges are being paid. Town agrees that when funds are withheld due to a disputed charge, the specific charge being disputed, and the amount of payment being withheld, will be specified on an invoice attached to the payment check for the period in which the charge disputed was included. Town agrees to attach to each check submitted to County an invoice indicating the dates for which that check is to be applied. 7. Transportation of prisoners to Town of Marana Court or other locations, only as ordered by the Town of Marana Court, shall be the responsibility of the Town of Marana. The County shall be responsible for transportation of prisoners for medical care after the prisoner has been in jail custody for ninety minutes or more. 8. In regard to booking and related services and procedures, upon submission of the completed booking document to the Jail Intake Support Specialist County will immediately accept into jail custody all Town arrestees that present no obvious health issues that make the prisoner medically unacceptable for booking. The Town agrees that such conditional acceptance will shorten the time officers spend in the booking process and benefit the Town. Within the initial ninety minutes, County medical personnel will make a determination as to the prisoner's medical condition. Town agrees that if the prisoner presents a serious, emergent medical problem requiring hospital examination or medical rejection for booking within 90 minutes of the time of booking, Town will send an officer to the jail to transport the prisoner for such medical examination or care as may be medically required as soon as possible. If a prisoner is taken from the jail for medical evaluation and returns to be incarcerated, the Town of Marana will not be charged twice for the first day billing rate of $176.25. By accepting the prisoner for the initial 90 minute evaluation period County does not in any way accept responsibility for the cost of medical care to be provided to that Page 3 of 6 prisoner should it be determined by County that the prisoner requires hospitalization or that prisoner is medically unacceptable for booking. County will provide such booking and related services as prescribed by operations plans jointly approved by the Town of Marana Police and the Sheriff of Pima County. 9. This agreement shall cover the time period from July Ol, 2008 through and including June 30, 2009. 10. Neither party shall be obliged to the other party for any costs incurred pursuant to this Agreement, except as herein provided. 11. Nothing in this Agreement shall be construed as either limiting or extending the statutory jurisdiction of either of the signing parties hereto. 12. Each party agrees to indemnify, defend and save harmless the other, their appointed boards and commissions, officials, employees and insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogation, attorney's fees or actions of any kind resulting from all personal injury including bodily injury and death, and property damage occasioned during the term of this Agreement for acts or omissions of such party. Each party represents that it shall maintain for the duration of this Agreement, policies of public liability insurance covering all of their operations undertaken in implementation of this Agreement, providing bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person, of not less than One Million Dollars ($1,000,000) for any one occurrence, and property damage liability to a limit of not less than One Hundred Thousand Dollars ($100,000). The parties may fulfill the obligations of this Article by programs of self- insurance equivalent in coverage. 13. The parties agree to be bound by arbitration, as provided in Arizona Revised Statutes, § 12-1501 et. seQ., to resolve disputes arising out of this Agreement where the sole relief sought is monetary damage of $20,000 or less, exclusive of interest and costs. 14. Notwithstanding any other provision in this Agreement, this Agreement may be terminated with thirty days notice, if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, County shall have no further obligation to the Town other than for services already provided. 15. Either party may, at any time and without cause, cancel this Agreement by providing ninety (90) days written notice of intent to cancel. 16. This Agreement is subject to the provisions of ARS § 38-511. Page 4 of 6 17. Each party to this Intergovernmental Agreement shall comply with all federal, state, and local laws, rules, regulations, standards, and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement shall be brought in a court of the State of Arizona in Pima County. Any charges in the governing laws, rules, and regulations during the terms of this Agreement shall apply, but do not require an amendment. 18. TOWN and COUNTY will not discriminate against any TOWN or COUNTY employee, client or any other individual in any way involved with the TOWN or COUNTY, because of race, age, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this Intergovernmental Agreement. TOWN and COUNTY agree to comply with the provisions of Arizona Executive Order 99-4, which are incorporated into this agreement by reference as if set forth in full. 19. Each party shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. Page 5 of 6 20. This document constitutes the entire Intergovernmental Agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment signed by the parties. SIGNED AND ATTESTED THIS DAY OF , 2008. ATTEST: Town of Marana Clerk ATTEST: Clerk, Board of Supervisors Date APPROVED AS TO FORM AND LEGAL AUTHORITY: Town of Marana Attorney TOWN OF MARANA, a municipal corporation Mayor PIMA COUNTY, a body politic Chair, Board of Supervisors Date APPROVED AS TO FORM AND LEGAL AUTHORITY: Deput unty Attorney Legal authority: ARS § 11-201, ARS § 11-951 through 954, ARS § 11-251 Page 6 of 6 ~pW N OF TOWN COUNCIL - . MEETING TOWN OF MARANA q tza,Na ; INFORMATION gR1ZUNN MEETING DATE: May 6, 2008 AGENDA ITEM: I.2 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2008-59: Relating to Development; approving and authorizing a final plat for Arcobaleno. DISCUSSION Request The request is for final plat approval of a 3-lot single family home subdivision on 7.5 acres. Location The proposed subdivision is located on the northwest corner of N. Coyote Lane and W. Turkey Lane. Zoning The zoning for the site is "B" (Medium Lot Zone). The minimum lot size of this proposed subdivision is 108,906 square feet (Lot 3) with an average lot size of 108,910 square feet. The owner has agreed to comply with a 30 percent maximum site disturbance limitation. The custom homes will be built within approved building envelopes established by the lot owners as part of the grading permit process. Transportation and Utilities Access to this custom-built subdivision will be provided from a private street off of W.Turkey Lane. Approximately 0.2 miles of private streets will be constructed to Northwest Fire District standards for this project. The subdivision water will be served by an on-site well. Each lot will have a septic system approved by Pima County Department of Environmental Quality due to the lack of a nearby sewer connection. Any houses permitted after July 1, 2008 will be required to pay the adopted Northeast Transportation Development Impact Fee. Parks Since the gross density of this subdivision is only 0.4 residences per acre, the Marana Land Development Code doesn't require an on-site park. All houses are required to pay the adopted park impact fee at time of building permit. 050608 PRV-07133 Arcobaleno FP ATTACHMENTS Application, location map and reduced final plat. RECOMMENDATION Staff has reviewed the application for compliance with the Marana Land Development Code and the Marana General Plan. This final plat is in conformance with all required development regulations. Staff recommends approval of the final plat for Arcobaleno. SUGGESTED MOTION I move to approve Resolution No. 2008-59. -2- 050608 PRV-07133 Arcobaleno FP MARANA RESOLUTION N0.2008-59 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR ARCOBALENO. WHEREAS, Michael and Amber Price, the property owners of Arcobaleno, have applied for approval of a final plat fora 3-lot single family home subdivision on 7.5 acres, including lots 1 through 3, and generally located on the northwest corner of N. Coyote Lane and W. Turkey Lane, within Section 11, Township 12 South and Range 12 East; and WHEREAS, the Town Council, at their regular meeting on May 6, 2008 has determined that the Arcobaleno final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Arcobaleno final plat, a 3-lot single family home subdivision and generally located on the northwest corner of N. Coyote Lane and W. Turkey Lane, within Section 11, Township 12 South and Range 12 East is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May 2008. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Mayor Ed Honea Frank Cassidy, Town Attorney t" # RL~f ~Af~A~I ~A TOWN OF MARAtVA The final plat, application and location map for Arcobaleno are on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653 . MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: APRIL 15, 2008 PLACE AND DATE Marana Municipal Complex, Council Chambers, 7:00 P.M. A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:01 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Excused /Absent Carol McGorray Council Member Present Jon Post Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager ' `Present Gilbert Davidson Deputy Town Manager Present Deb Thalasitis Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATIONlMOMENT OF SILENCE Mayor Honea led the pledge of allegiance and the invocation. C. APPROVAL OF AGENDA Motion: Approve, Moved by Council MentheY Jon Post, Seconded by Council Member Carol McGorray. Motion carried 6-0. D. CALL TO THE PUBLIC David Morales addressed Council regarding the need for a Founding Fathers of Marana memorial. E. PRESENTATIONS - 1. a. Chamber of Commerce Quarterly Report Ed Stolmaker presented this item to Council as an update on the Chamber of Commerce progress during the first four months of the year. There are 525 active companies in the Chamber. The Chamber took part in five grand opening ribbon cutting celebrations. The Chamber also gave out the Community & Business Builder Awards for 2007, the winners are: Integrity Automotive (for 25 or less employees) and Arizona Portland Cement Company (for 26 and over employees). Copies of the presentation are available for viewing at the Town Clerk's Office. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: APRIL 15, 2008 b. Anza Trail Ora Mae Harn, Mary Aguirre and Joe Myers presented this item to Council. Copies of the presentation are available for viewing at the Town Clerk's Office. ANNOUNCEMENTS/UPDATES - 2. State Project Management Certificate presented to Aaron Shepherd Mayor Honea read a letter to Aaron Shepherd from Mike Reuwsaat and Gilbert Davidson congratulating him on his accomplishment. Mayor Honea then presented Mr. Shepherd with the State Project Management Certificate. PROCLAMATIONS - 3. Arbor Day Proclamation Jocelyn Bronson read the Arbor Day Proclamation. Tom Ellis addressed Council. Mr. Ellis informed Council that on Saturday, April 26, the Public Works Environmental Division along with the Marana Boy Scouts will be planting 160 trees in Drainage Way 5 in Continental Ranch. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS No reports. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson informed Council that the first Advisory Commission Task Force meeting will beheld on April 23`a at 4:00 p.m. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA Motion: Approve, Moved by Council Member Jon Post, Seconded by Council Member Russell Clanagan. Motion carried 6-0. 1. Resolution No. 2008-53: Relating to Development; approving a release of assurance for Continental Reserve Block 13 and acceptance of public improvements for maintenance 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: APRIL 15, 2008 2. Resolution No. 2008-54: Relating to Public Works; approving and authorizing a license agreement with Clark Farms for the continued use of fields dedicated to the town for the Barnett Channel Drainage Improvement Project 3. Minutes of the March 25, 2008 special meeting, the April 1, 2008 regular and special meetings, and the Apri18, 2008 special meeting. J. COUNCIL ACTION None. K. BOARDS, COMMISSIONS AND COMMITTEES 1. Resolution No. 2008-55: Relating to Boards, Committees and Commissions; approving and authorizing appointments to the Town of Marano Municipal Property Corporation Erik Montague presented this item to Council. Motion: Approve, Moved by Council Member Jon Post, Seconded by Council Member Russell Clanagan. Motion carried 6-0. L. ITEMS FOR DISCUSSION/POSSIBLE ACT10N 1. State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature No report. M. EXECUTIVE SESSIONS Motion: Adjourn to Executive Session, Moved by Council Member Russell Clanagan, Seconded by Council Member Jon Posh Motion carried 6-0. Council left the dais at 7:36 P.M. Council returned to the dais at 7: SS P.M. 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03 (A)(1), (3) and (4) for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of public officer, appointee or employee of Marano, and legal advice and direction to its representatives concerning negotiations and possible agreement relating to same. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: APRIL 15, 2008 Frank Cassidy requested a motion from Council to approve and authorize the Town Manager to execute a separation agreement and a release of all claims between the Town of Marana and Chief Richard Vidaurri as discussed in Executive Session. Motion in public session: Approve, Moved by Council Member Jon Post, Seconded by Council Member Russell Clanagan. Motion carried 6-0. Mike Reuwsaat read a press release regarding the resignation of Chief Richard Vidaurri. Mr. Reuwsaat informed Council that the Town is currently in discussions with Marana resident, Terry Tomitech, to serve as interim chief. Vice Mayor Kai thanked Chief Vidaurri for his years of dedication to the Town of Marana. 3. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning various water rights, water service, water acquisition, sewer service and related issues, including without limitation (a) the lawsuit entitled Town of Marana v. Pima County, Maricopa County Superior Court No. CV2008-001131, (b) the lawsuit entitled Pima County v Town of Marana, Pima County Superior Court No. 020077448, (c) possible acquisition of Tucson Water infrastructure and accounts located within the Marana town limits. 4. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers, 226-15-008B, 226-15-017B, 226-15-018B and 226-15-019A, 226-08-007M, 226-08-OIOA, 226-IS-0200 and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. Frank Cassidy requested a motion from Council to approve two acquisition agreements. One for parcels 226-08-007M and 226-08-O10A not to exceed the amount of $393,457, which includes estimated closing costs. And the other for parcel 226-15-0200 not to exceed the amount of $505,383, including the estimated closing costs. Motion in public session: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Motion carried 6-0. N. FUTURE AGENDA ITEMS None. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: APRIL 15, 2008 O. ADJOURNMENT Motion: Adjourn, Moved by Council Member Carol McGorray, Seconded by Council Member Jon Posh Motion carried 6-0. The meeting was adjourned at 7:59 P.M. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 15, 2008. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 5 ZpWN OF TOWN COUNCIL MEETING TOWN OF MARANA 4 MARArvn ; INFORMATION gR1ZON~' MEETING DATE: May 6, 2008 AGENDA ITEM: J. 1 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2008-60: Relating to Development; approving and authorizing the designation of a Single Central Business District in the Town of Marana. DISCUSSION The designation of a Single Central Business District (SCBD) is the first step in establishing an active center of commerce for Marana. This SCBD was presented to Town Council for discussion on March 25, 2008. Establishing a SCBD is needed now more than ever as Marana evolves from a predominantly rural community to an active urban center. An essential part of that urban center is a central business district, or core of commerce, where people can choose to live, work, shop, and play - the ingredients for a successful, vital heart and soul of the entire community. This Single Central Business District is more than a small, retail oriented district. The proposed SCBD includes land from north of Marana Road to south of Tangerine Road, defining areas of smart growth with the greatest potential for a wide range of commerce and living. This type of SCBD can encourage investment and reinvestment in the community, bring new businesses and jobs, provide a strong identity for the community, and generally improve the quality of life of its citizens. Designation of the SCBD will provide the basis for more detailed planning, economic development programs, project design standards, and plans for implementation. ATTACHMENTS Exhibit A: Single Central Business District (Map); Exhibit B: Single Central Business District (Description) RECOMMENDATION Staff recommends approval of Resolution No. 2008-60, approving and authorizing the designation of a Single Central Business District in the Town of Marana. SUGGESTED MOTION I move to approve Resolution No. 2008-60. MARANA RESOLUTION N0.2008-60 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE DESIGNATION OF A SINGLE CENTRAL BUSINESS DISTRICT IN THE TOWN OF MARANA. WHEREAS, the Town of Marana is able to designate a Single Central Business District as authorized by Title 42, Chapter 13, Article 3, of the Arizona Revised Statutes; and WHEREAS, the proposed Single Central Business District encompasses areas that offer the greatest potential to fulfill the Town's need for a new, vital, central area of commerce; and WHEREAS, establishing a Single Central Business District as the commerce and social heart and soul of the community is an important priority for the Town; and WHEREAS, establishing a Single Central Business District supports many goals, policies, and actions of the adopted Marana General Plan such as community sustainability, smart growth, diversity of development, balancing housing and employment, and creating a strong sense of place; and WHEREAS, establishing a Single Central Business District helps identify and promote key areas to provide opportunities for reinvestment, growth and development; and WHEREAS, the Mayor and Council recognize the need for an economic development strategy to promote collaborations and partnerships and generate investment in support of existing businesses, new businesses, and mixed use development; and WHEREAS, establishing a Single Central Business District supports identification of existing resources and new opportunities to brand the community and promote tourism; and WHEREAS, the Mayor and Council find that designation of a Single Central Business District is in the best interest of the residents, business owners, and visitors of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the area as shown in the attached Exhibit A: Single Central Business District and as described in the attached Exhibit B: Area Description is hereby designated as a Single Central Business District within the Town of Marana, Arizona pursuant to provision of Title 42, Chapter 13, Article 3, of the Arizona Revised Statutes. Marana Resolution No. 2008-60 Page l of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of May 2008. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2008-60 Page 2 of 2 EXHIBIT A SINGLE CENTRAL BUSINESS DISTRICT ~L ka .. ~~ ~~~ _ ,~ ~ v ~. ~ ~ ~ ~ r ' ~~"i ~ ~ r ~ I T ~ f ~ '~ ~ C &rakws -_ Dlatrkt ~.~ ~ , F. ~ r a ~~ ~ ~ a~ a \\ ~ ~ ~~ k~,.,,,• ~ eao~aMa m,~¢«-o«»r.~ram. gimme srero r. od owr w~o.~ a ` .~ :~ / \ Mep goCU}gn CaY MaM 132WB \ _ l.Q~ ~ C ~ ~ `,- \ . ~ Yy ' ~ ~ ' '~.. ~ . ~ ~ t', y ./~ I 1 ~ 1 i ' " - ~' ma ! xx R ~~ r ~~, ~ ~;' ~. ~ `"~ to ~ ' •Y~~ ~` ~, - ~~` ,,..~. ~-.~~ ' ~' ,• ~ ~ .~'~ I f • ~ ~.: , ~ W t~~' ~ A : ~~ ~ Y i , ~ -~ ,~ ~ r ~ # r r ,,, « . ~ ~~~ ° -~ ~ ~ ~ '~, ~, t~ ~..r~~_ . .,,. z~ - ~ :: -. - ~r .~ ,: _ "~'~-'~~L --- ~ . _ .,R f ~ "~ y r ~ ,r .,r . ., ~ ~,}~, a ~ ~.. .~ 5 b_ MY 1Y. P .. ~ ^,t" ~ .. x Single Central Business District Town of Marana Apri128, 2008 EXHIBIT B SINGLE CENTRAL BUSINESS DISTRICT LOCATION The Single Central Business District is located along I-10 as shown in Exhibit A: Including the area located from the southeast corner of Sagebrush Road and Sanders Road, continuing south to Grier Road and east to I-10, including land adjacent to the east side of the Marana Road/I-10 interchange; including the area located from the southwest corner of Sandario and Grier Roads intersection, continuing south to Barnett Road and east of Sandario Road to I-10; including the areas located on both sides of the Clark Farms Road alignment from Barnett Road east to I-10 and south to Tangerine Road; including the area adjacent to Tangerine Road and west of I- 10; and including the area east of I-10 from the Moore Road alignment east to the CAP Canal, and extending approximately one mile east of I-10 and one mile south of Tangerine Road. Single Central Business District Town of Marana Apri128, 2008 .,n`NN ox TOWN COUNCIL MEETING TOWN OF MARANA 9 '''aANA ; INFORMATION gR1ZONP MEETING DATE: May 6, 2008 AGENDA ITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Deb Thalasitis, Assistant Town Manager SUBJECT: Resolution 2008-61: Relating to Personnel; approving employee benefit rates for fiscal year 2009; and declaring an emergency. DISCUSSION The purpose of this item is to request the Town Council's approval of employee benefit rates for Fiscal Year 2009 for Medical, Dental, Life/AD & D and Short-term Disability insurances and the administration costs for the Flexible Spending program. Rate information is provided to employees during open enrollment which begins this year on May 15, 2008 with the annual Employee Benefits Fair. Open enrollment is the time of year when employees may make changes to their benefit selections. Open enrollment concludes on June 15, 2008 with the new rates taking effect on July 1, 2008. The rates that the Council is being asked to approve tonight have been included in the proposed Fiscal Year 2009 operating budget, but must be approved ahead of budget adoption in order to be available for the open enrollment process. By far, the most significant rate increase for FY 2009 is in the area of employee medical insurance. The Town is fully insured through Blue Cross Blue Shield of Arizona. The renewal for Fiscal Year 2008 represents an overall increase of 23.6 percent which is shared between the employee and the employer. The Town's benefit consultants have advised that this increase is the result of several factors: • Medical Trend (cost of medical services in the market place is tracking in the double- digits) • Town claims experience (large claims over $10,000 increased by 75 percent; claims per month per employee increased 21 percent) • Enrollment increase (11 percent) The FY 2009 rate increase also needs to be viewed in the context of health insurance rate increases for previous years. Even when the FY 2009 rate increase of 23.6 percent is included in the average of medical plan rate increases since 2004, the average rate of increase is 6.94 percent per year, which is competitive within the industry. In 2007, the Town was able to negotiate the proposed rate increase of 13.7 percent down to 6.3 percent based on an expectation that claims would remain flat or decrease. Unfortunately, as the statistics above indicate, claims per employee have increased and large claims have increased significantly. {0ooo9oa8.DOCi2f. 05/02/2008 9:23 a.m. A summary of the rate increase for employee benefit plans is shown in the chart below. Blue Cross Blue Shield of Arizona Medical 23.6% Mountain States Administrative Services Dental (self-funded dental) -3.2% Em to ers Dental Service (fully insured) 0.0% Flexible Spending Account Administration 0.0% Hartford Life and Disability 0.0% Hartford Short-Term Disability Base Plan ( aid by Town) 8.3% Hartford Short-Term Disability Bu -U Plan aid by em loyee-voluntary) 11.5% Su lemental Insurances ( aid b em loyee-voluntary) N/A The Town offers three tiers of benefits for its medical plan: Employee Only; Employee Plus One and Employee Plus Family. Prior to the FY 2008 renewal, the Town's policy was to pay for 100 percent of the employee "only" benefit and 66 percent of the dependent differential for medical and dental plans. However, the FY 2008 rate increase of 6.3 percent was borne entirely by the Town. In addition, the Human Resources Director opted to follow a different cost sharing formula (100% of employee and 71% of dependent differential) for dental (which has four tiers of benefits). Therefore, employees have not been assessed any increase in the medical or dental rates since 2004 and the percentage ratio of shared costs for dependent care has changed. Due to the significant cost of the medical insurance rate increase and the impact on employees during a time of rising gas, food and other living expenses, staff is recommending that half of the employee's share of the medical plan rate increase be offset by the Town. This would increase the Town's share of total costs by $35,866, bringing the total Town share of the medical premium increase to $469,000. Again, this increase is already included in the proposed FY 2009 budget. If this approach is approved, the employee's share of monthly Medical Insurance rates for FY 2009 would be apportioned as shown in the table below. The employee's share for medical premiums is shown on the rate summary attached to the resolution for this agenda item. EMPLOYEE'S SHARE OF MONTHLY RATE INCREASE Employee Employee Amount of Increase Increase Share Share FY Increase for paid by Paid by Current 2009 FY 2009 Employee Town Em to ee $0 $0 $0 $0 $0 Employee + $105.30 $130.22 $24.92 $12.46 $12.46 One Employee + $191.44 $236.75 $45.31 $22.65 $22.65 Family The above rates reflect the Town paying 100% of the employee only premium, and 70% of the dif erential or de endent care. Market data was reviewed when considering the medical plan renewal for FY 2009. The information revealed that the Town of Marana's plan is in need of an update to reflect plan design and associated pricing more common in the market today. Plan design changes need to place an emphasis on wellness, preventative care and individual responsibility for health- enhancing behaviors. Studies have shown that employee participation in understanding and managing medical and dental plans is a key to raising the awareness needed to encourage more {oooovoas.DOC i z} -2- effective health care cost containment. The Town Manager will betaking several steps in preparation for the FY 2010 renewal process. First, the Town's benefit consultant services will be competitively bid. The benefit consultant serves as broker of record for the Town's purchase of insurances and is instrumental in helping the Town find creative solutions to contain costs. The services of such a consultant maybe paid directly by the town or by commission through insurance plan rates. Currently services are paid by commission. Staff will be recommending that this be discontinued and the more transparent process of paying directly for consulting services will be part of the requirements in the RFP for a consultant. Secondly, an employee health care committee will be established to begin the education process about health care, the health care market and to assist Town management in making plan design changes, evaluating premium increases, recommending cost-sharing options and educating employees in preparation for the FY 2010 budget. This committee will be facilitated by the Human Resources Director and supported by the successful benefit consultant firm. ATTACHMENTS Resolution and employee benefit rate summary. RECOMMENDATION Approve the resolution adopting the employee benefit rates for FY 2009, so that rates maybe advertised for open enrollment. SUGGESTED MOTION I move to adopt Resolution No. 2008-61. }oooovoas.DOCia} -3- MARANA RESOLUTION N0.2008-61 RELATING TO PERSONNEL; APPROVING EMPLOYEE BENEFIT RATES FOR FISCAL YEAR 2009; AND DECLARING AN EMERGENCY. WHEREAS the Town of Marana through its governing body, desires to provide the benefits of medical, dental, life/accidental death and disability and short-term disability insurances and a flexible spending program to eligible employees of the Town of Marana; and WHEREAS the rates for these employee benefits have been included in the proposed fiscal year 2009 operating budget, but must be approved prior to budget adoption in order to be available for the open enrollment process. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the employee benefit rates included in the chart attached to and incorporated by this reference in this resolution as Exhibit A for fiscal year 2009. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the employee benefit rates in Exhibit A. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of May, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00009049.DOC /} JF S/2/08 Employee Benefit Rates Effective July 1, 2008 -June 30, 2009 Medical Insurance -Blue Cross and Blue Shield of Arizona Town Monthly Employee Monthl Employee per Pay Period Em loyee Onl $369.91 $0 $0 Em loyee + One $659.08 $117.60 $54.28 Employee + Family $895.62 $224.29 $103.52 Town a s 100% of em to ee onl remium and 70% of the differential for the de endent remium. Dental Insurance -Mountain States Administrative Services Town Monthly Employee Monthly Employee per Pay Period Em to ee Onl $24.50 $0 $0 Em loyee + One $40.67 $8.33 $3.84 Em loyee+Children $44.63 $10.37 $4.79 Em loyee + Famil $62.45 $19.55 $9.02 Town pays 100% of employee only premium and 66% of the differential for the dependent premium. This corrects the FY 2008 cost-sharin o 100%/71 %. Dental Insurance - Em to er's Dental Service Town Monthly Employee Monthly Employee per Pay Period Em loyee Onl $12.12 $0 $0 Em loyee + One $19.32 $3.71 $1.71 Em loyee+Children $21.72 $4.94 $2.28 Em to ee + Famil $25.72 $7.00 $3.23 Town a s 100% of em loyee onl remium and 66% of the dif erential for the de endent remium. Flexible S endin Card Pro ram Administration Town Monthly Employee Monthly Employee per Pay Period Debit Card Fee Per 1.75 per card $0 $0 Participant Admin Fee Per $3.95 per $0 $0 Employee Per Month employee per month Hartford Life and AD&D Rate Town Monthly Employee Monthly Employee per Pay Period Life Rate per $1,000 $0.155 $0 $0 of salary up to $150,000 AD&D Rate per $0.030 $0 $0 $1000 of salary up to $150,000 Page 1 of 2 Employee Benefit Rates Effective July 1, 2008 -June 30, 2009 Dependent Rate $0.910 $0 $0 ($2,000 er unit) Hartford Short-Term Disabili Plan Employee Employee per Pay Town Monthly Monthl Period Volume Rate per $10 $.26 $0 $0 Base Plan Volume Rate per $10 $0 $0.145 $0.067 Buy-U lan Benefit rates apply to all full time employees working at least 20 hours per weep Page 2 of 2 tOWN OR. TOWN COUNCIL MEETING TOWN OF MARANA y Ma,uaNA ; INFORMATION gR,ZON~ MEETING DATE: May 6, 2008 AGENDA ITEM: L.1 TO: MAYOR AND COUNCIL FROM: Mike Reuwsaat, Town Manager and Stephen Romero, Intergovernmental Affairs Administrator SUBJECT: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report maybe given to supplement the Legislative Bulletins. ATTACHMENTS Legislative Bulletin, Issues 14, 15 and 16. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION Mayor and Council's pleasure. IN THIS ISSUE Session Update..... l Personnel Disclosure Bill Needs Amendment .......... 2 "Green Building" Restrictions Irk Cities ..................... 2 Ban References To Public Officials In Publicly Funded Media? .................2 Impact Fees Bill Passes House Committee ............2 Rico Rollback Thwarted ............... 3 League Resolution On 9-1-I Funding Advances .............. 3 DUUOUI Omnibus Bill Clears Committee Hurdle ................:.. 4 who's Your Daddy? .................. 4 NLC Seeks Comments On EPA Water Strategy......4 The Weekly Spotlight .............. 5 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Bulletin -Issue 14 -April 11, 2008 SESSION UPDATE The legislative session hit a major milestone this week, with regular standing committee meetings coming to a close. Per House and Senate rule, standing committees may meet until the 90th day of session before a majority vote of each body is needed to extend the deadline. Leadership from both houses set the committee deadline for this Friday and have not shown an inclination to extend the meetings further. While many bills did not meet the prerequisite of being passed by at least one standing committee in each house, this milestone does not mean we will not see new bills and issues crop up. Committees can still meet with special permission of the President or Speaker, and both Appropriations committees continue to meet on a regular basis while we await a budget. Strike- everything amendments are popular in those committees this time of year as lobbyists and bill sponsors try to resurrect bills that did not meet the committee deadlines. There is little to report on the state budget negotiations but we anticipate some developments as early as next week. The League continues to stress the critical importance of shared revenues and remind members about the tough decisions that cities and towns are currently making to balance their own budgets. Any changes to shared revenues and cost shifts from the state will only further service cuts at the local level. As session winds down and the budget becomes the focus, it is critical that your legislators hear from you on these issues. If you need assistance with contacting your members, please call or email League staff. PERSONNEL DISCLOSURE BILL NEEDS AMENDMENTS Last weep we told you about House Bill 2159 -disciplinary records; open to the public -that requires all employees of any public body in the state to have their disciplinary records made available for inspection and copying for anyone who requests, unless specifically prohibited by law. The League and a number of other entities opposed this bill in the Senate Government Committee this past Monday. The bill advanced on a 5-2 vote, but our concerns were noted by the bill's sponsor, Representative Kirk Adams (R-Mesa). April 11, 2008 PERSONNEL DISCLOSURE BILL NEEDS AMENDMENTS Contd. Our concerns are that the broad provisions could certainly cause legal and managerial problems for cities and towns if employees, neighbors, the media, subordinates, etc. all have access to city employees' disciplinary records. However some cities, as noted by Rep. Adams in his testimony before the committee, already do this as a practice, though there is no legal obligation for them to do so. Many other cities oppose this practice. Rep. Adams agreed to work out an amendment with the affected stakeholders, including the League. We will keep you updated as this bill progresses. "GREEN BUILDING" RESTRICTIONS IRK CITIES The Homebuilders Association of Central Arizona (HBACA) were behind a strike- everything amendment offered in the Senate Government Committee last Monday that puts many new obstacles in the way of cities and towns that want to establish mandatory Green Building Programs. A Green Building Program encourages awhole- systems approach through design and building techniques to minimize environmental impact and reduce the energy consumption of buildings while contributing to the health of its occupants. Through a Green Building Program, cities can act as a repository of construction and technological information and can provide expertise and incentives to assist those interested in applying Green Building concepts into their projects. At issue in the bill are the restrictions HBACA wants to put in place before a city adopts a Green Building Program. HBACA admitted in testimony that they seek to have cities at least do a cost-benefit analysis before instituting a program that could dramatically affect builders. Many cities already undertake a rigorous analysis before adopting a Green Building Program and we don't see how this additional mandate adds any value to cities or our residents. 2 BAN REFERENCES TO PUBLIC OFFICIALS IN PUBLICLY FUNDED MEDIA? A strike-everything amendment that prohibits elected officials from using public monies in media announcements that refer to the name of an elected official or any employee of that elected official was added to Senate Bill 1237 this week. The amendment, added in the House Counties, Municipalities and Military Affairs Committee, lists the forms of media not to be funded by public monies, and includes print media, visual media, broadcast media, website campaign media, or any general public communication, though it was later amended to clarify that this prohibition should not affect the elected official's ability to perform the duties of office, or the elected official's ability to communicate with the public. The sponsor of the bill, Senator Jim Waring (R- Phoenix), questioned the value of print and broadcast messages that highlight the name of an elected official and noted that he feels that these monies could be better spent, especially when looking at the state's current budgetary issues. Arguments against the bill include the broad nature of the amendment, and that there are times when communication between elected officials and the public is legitimate and valid. Those speaking against the bill acknowledged that Senator Waring's intent with this bill is not completely unwarranted, but they still feel that this language is too broad and all encompassing - even with the amendment. S.B. 1237 passed out of committee by a vote of 8- l, with one member absent. The League signed in opposed to this bill. IMPACT FEES BILL PASSES HOUSE COMMITTEE Senate Bill 1406 made its House debut this week in the Counties, Municipalities and Military Affairs committee, where it passed with a 6-3 vote. After negotiating this issue for several weeks with the homebuilders and Senate President Tim Bee (R- Tucson), the League April 11, 2008 IMPACT FEES BILL PASSES HOUSE COMMITTEE Contd. took a neutral position on the bill, though Ken spoke at the committee to explain the process, the League's position and why several cities are opposed to the bill. Many members of the committee, including Committee Chairman Representative John Nelson (R- Glendale), stated that this bill should be the last one on impact fees for a few sessions. This is the third year in a row for major impact fee legislation and committee members said atime-out is needed in order for cities to fully implement this bill, as well as Senate Bill 1423 from last session, and see what the true impacts are. Representative Tom Prezelslci (D-Tucson) homed in on this issue, asking the lobbyist from the Homebuilders Association of Central Arizona to guarantee that the group would not be back next session looking to change impact fee laws. Of course, he would not commit to such a limitation but did state he would talk with his board about the request. Representative Theresa Ulmer (D-Yuma) offered an amendment to the bill to reduce the grandfathering period from 24 months to 18 months. Representative Ulmer has been a great friend to cities and towns since she arrived at the Legislature, as demonstrated by this well- intended amendment to address her city's concerns. While this would have helped make more cities comfortable with the bill, the League could not support the amendment and risk upsetting the precarious balance of this bill. The development community has promised that this bill will go forward with no amendments from their side to change the negotiated bill, something the League must also honor. This bill now makes its way to the House floor for Committee of the Whole and a full vote of the House, after which it will go to the Governor's Office for her action if it is unamended. The legislative process creates a backstop for unwanted amendments by allowing the bill sponsor to concur with any amendments or refuse and take the bill to a conference committee to remove the amendments and/or amend the bill further. This can work to our favor if there are any harmful amendments from the development community but could also prove very detrimental if cities are successful in any attempt to amend this bill in the House. We are not anticipating any amendments from the development community or municipalities as this bill moves forward. RICO ROLLBACK THWARTED During this frenetic last week to hear bills in committee, astrike-everything amendment was proposed to Senate Bill 1084. The "striker" would have changed the burden of proof on RICO (Racketeer Influenced .and Corrupt Organizations) forfeiture cases from "probable cause" to "clear and convincing evidence", a dramatic shift in the prosecutorial burden applied retroactively to July 1, 2004. Countless cases would have been re-opened due to this change, with immense labor costs. League staff joined forces with cities and towns, counties, law enforcement and prosecutors to voice their opposition. Representative Kirk Adams (R- Mesa), Chair of the House Government Committee, upon hearing the opposition, decided not to run the striker. The underlying bill passed through committee. Many thanks to all those who mobilized on this issue so quickly! The unity of forces we displayed shows what can happen when we all work together to stop highly problematic legislation. LEAGUE RESOLUTION ON 9-1-1 FUNDING ADVANCES House Bill 2381 sponsored by Representative Jerry Weiers, (R-Glendale), restructures the administrative funds for the 9-1-1 system. It increases, from three percent to five percent, the amount from the Emergency Telecommunication Services Revolving Fund that may be used for administrative purposes. Restructuring the Fund keeps the critical staff that operate the system that tracks callers with cell phones, implements wireless 9-1-1 infrastructure and maintains daily operations. April 11, 2008 3 LEAGUE RESOLUTION ON 9-1-1 FUNDING ADVANCES Contd. After passing the House 59-0, the bill was heard in the Senate Committee on Public Safety and Human Services on April 10, 2008 and passed 5- 2-0. It will now go onto the Rules Committee. DUUOUI OMNIBUS BILL CLEARS COMMITTEE HURDLE After numerous bills addressing Driving Under the Influence (DUI) and Operating Under the Influence (OUI) circulated the legislature, House Bill 2395 was amended with astrike-everything amendment that rolled almost all of them into one. This bill, sponsored by Speaker of the House James Weiers (R-Phoenix), now makes several changes to both DUI and OUI statutes. Among the changes are provisions to: ^ Reduce the ability of judges to suspend portions of sentences; ^ Repeal language as necessary to remove statutory conflicts; ^ Alter the time period that a person convicted of a first offense DUI must have an Ignition Interlock Device (IID); and ^ Increase penalties associated with OUI. These are just a few of the provisions in this 45 page bill. The bill passed the Senate Public Safety and Human Services Committee this past Thursday by a vote of 5-2. We suggest you review it carefully. Contact Dale Wiebusch at the League if you have any questions or comments. WHO'S YOUR DADDY? We're not quite sure what to make of it yet, but below is an interesting exchange between Representatives Russell Pearce (R-Mesa) and Tom Prezelski (D-Tucson) during the recent House committee hearing on Senate Bill 1406, impact fee legislation: Prezelski: "Part of the problem that we have that's driving this bill, and I appreciate the work that some of the cities have done on this bill, but nonetheless, part of the problem that we have is that we're trying to take away the right of citizens to go to their local government and address local issues. There seems to be a mentality here that if you don't like what the city's doing, if you don't like the city mommy, what they're doing, you run to daddy at the legislature -and that's part of the problem here." Pearce: "It is our job to set certain policies. These are political subdivisions. Cities and counties are political subdivisions of the state. They are not expected to make policy -that is our job. Even though we try to be tender to the local elected officials, there is a time where we as a body must get involved and set policies. There is a reason we call them political subdivisions. We are the daddy, they are the child. That is our job to set policy where we feel it's important." NLC SEEKS COMMENTS ON EPA WATER STRATEGY The U.S. Environmental Protection Agency is seeking public comment on a draft strategy that describes the potential effects of climate change on clean water, drinking water, and ocean protection programs and outlines EPA actions to respond to these effects. The National Water Program Strategy: Response to Climate Change focuses on actions designed to help managers adapt their water programs in response to a changing climate. Other elements of the draft strategy include steps needed to strengthen links between climate research and water programs, and to improve education for water program professionals on potential climate change impacts. The strategy also identifies contributions that water programs can make to mitigate greenhouse gases. Some of the potential impacts of climate change on water resources reviewed in the strategy include increases in certain water pollution problems, changes in availability of drinking water supplies, and collective impacts on coastal areas. Information on the National Water Program Strategy: Response to Climate Change can be found at http://www.epa.gov/water/climatechange April 11, 2008 4 NLC SEEKS COMMENTS ON EPA WATER STRATEGY Contd. The public comment period is open until May 27, 2008. If you file comments, please forward them to Carolyn Berndt at NLC as well (berndt@nlc.org). The Weekly Spotlight `' ~~;;~, , Representative Bill Konopnicki (R- ~~~.. Safford) is a longtime friend of cities ~ ~- and towns. Born in Detroit, ~~r Michigan, he and his family moved to Yuma, Arizona when he was 5 years old. Rep. Konopnicki's family owned and operated Stan's Grocery and Laundry in Yuma for more than 35 years. He graduated from Kofa High School and attended Arizona Western College. He has a BA and MA Degree in Business Education from Arizona State University and an Ed D in Higher Education Administration from the University of Arizona. Rep. Konopnicki has worked for Tucson Public Schools, Pima Community College, the University of Arizona, Eastern Arizona College and the Arizona Department of Education. He has served on Safford's Public School Governing Board for 12 years. A successful small businessman for the past 30 years, owning and operating 9 McDonald's Restaurants and 7 radio stations. He currently is CEO of WSK Management Systems. He has worked closely with groups from the community including. the Boy Scouts, Ronald McDonald houses in Phoenix, .Tucson and Albuquerque and the Boys and Girls Clubs. Rep. Konopnicki is also a former member of the Mount Graham Regional Medical Center's Operating Board and is a past president. Bill Konopnicki is the father of four children and has nine grandchildren. His wife Cathy is a School Psychologist. They make their home in Safford where they live with their daughter, Sara. He has lived in Safford for 36 years. He is currently Chairman of the Committee on Financial Institutions and Insurance and a member of the Commerce and Judiciary Committees. 5 What prompted you to run for the legislature? I have worked on political campaigns for years and thought I might be able to make a difference if someone from our area were elected to the legislature. How would you get more people interested in the legislative arena? This is a difficult question because most people have no idea of who represents them and what they do. Most also do not understand the impact the legislative process has on their lives. What's your proudest legislative achievement? Protecting local government, cities and counties and protecting rural Arizona. What do you think is the proper role of state government? Of local government? State government should set state wide policies and stay out of the way of local government. Local governments need to put policies in place that impact the local area. The state needs to stay out of the local issues and leave these to the cities and counties. What kinds of things do you do to relax favorite music, books, etc? Love to spend time with my family--children and grandchildren. My wife and I like to travel and we have a 14 year old daughter at home who we enjoy doing things with. Thank you for your time. Thank you. April 11, 2008 Arizona ~/y TOW11S IN THIS ISSUE Legislature Fixes 2007-08 Budget Deficit .......................................... 1 Senator Bums' Letter To Leadership .................................... 2 League Revises Position On Discipline Disclosure Bill ............ 2 Immigration Measures ................. 2 DUI/OUI Omnibus Bill Clears Cow .............................................. 3 "Green Building" Restrictions Stil l Problematic .................................. 3 Wildfire Press Conference ........... 3 Resolutions Reminder .................. 3 The Weekly Spotlight .................. 4 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: League of Arizona Cities &. Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague.org Interne[: www.azleague.org Bulletin -Issue 15 -April 18, 2008 LEGISLATURE FIXES 2007-08 BUDGET DEFICIT In a surprising move on Thursday, the Legislature came to an agreement on fixing the $1.2 billion deficit in the 2007-08 fiscal year, which comes to a close on June 30`x'. The revised budget made cuts to many state agencies, shifted some appropriations to next year and took money back ("swept") from dozens of special funds. Shared revenue funds were not touched. The cuts and revisions specifically impacting cities and towns include: • $4.1 million from the State Lake Improvement Fund; • $18.1 million from the State Aviation Fund; • $1 million from the 2007 appropriation for the Arizona Welcome Center in Yuma; • $1.5 million from the 2006 conditional appropriation for the Arizona Welcome Center in Yuma; • $1 million from the Prosecuting Attorney Council Fund; and • $42 million from the Statewide Transportation Acceleration Needs account (STAN) is transferred to the Department of Public Safety (DPS) for highway patrol costs. Legislators worked into the evening and the votes indicate the budget revisions have wide bipartisan support. The revision bill, House Bill 2620, passed out of the Senate by a vote of 24-5-1. It had similar support in the House, advancing on a vote of 53-3-4. The night was not without drama. Senator Ken Cheuvront (D-Phoenix) offered a floor amendment to take $200 million from the cities' and counties' shared revenue fund, an amount that would devastate already strained city and county budgets. He was joined in this endeavor by ONLY Senators Ron Gould (R-Lake Havasu City) and Karen Johnson (R-Mesa). In a roll call vote, Sen. Cheuvront's floor amendment failed by a vote of 3-26-1. The vote details: Y = Yes N = No NV =Not Voting Member Name Vote Member Name Vote Member Name Vote Paula Aboud N Amanda Aguirre N Carolyn S. Allen N Marsha Arzberger N Robert Blendu N Robert "Bob" Burns N Meg Burton Cahill N Ken Cheuvront Y Jake Flake N Jorge Luis Garcia N Pamela Gorman N Ron Gould Y Chuck Gray N Linda Gray N Albert Hale N Jack W. Harper N John Huppenthal N Karen Johnson Y Leah Landrum Taylor N Barbara Leff N Debbie McCune Davis N Richard Miranda N Tom O'Halleran N Charlene Pesquiera N Rebecca Rios N Victor Soltero NV Jay Tibshraeny N Thayer Verschoor N Jim Waring N Timothy S. Bee N April 18, 2008 Legislature Fixes 2007-08 Budget Deficit contd. The League sincerely thanks all those members that voted "no" on this proposed amendment, and we encourage all cities and towns to express your appreciation to the Senators from your area that voted with us. The Governor is expected to sign the budget revision bill and expectations are high that the Legislature will continue their bipartisan momentum and tackle the very tough FY 2008-09 budget. Our stake, as always, is to protect the vital shared revenues that keep our cities and the state strong and vibrant. SENATOR BURNS' LETTER TO LEADERSHIP Late last week Senator Bob Burns (R-Peoria) composed a letter addressed to legislative leadership regarding the budget crisis in Arizona. The Senator discussed the need for long term solutions as opposed to temporary fixes to correct the state's "structural deficit," and said he would be seeking support from other elected officials and organizations in support of this position. The main goal, according to the Senator's letter, is to reduce overall spending - it is inevitable that the state will have to do so otherwise it will go into a deeper deficit, he wrote. Senator Burns also indicates that those opposed to the long term solution of reducing spending are counting on an "economic recovery" to bail them out - which he says is irresponsible. In closing, Senator Burns mentioned how local governments, in reaction to the budget crisis, are acting responsibly by reducing workforce and trimming services. If the Legislature were to shift the state's financial problems to local governments, it would serve as a punishment for responsible behavior. The League thanks the Senator for recognizing the efforts of cities and towns to responsibly cope with the current economic downturn. LEAGUE REVISES POSITION ON DISCIPLINE DISCLOSURE BILL Last week we told you about House Bill 2159, a bill that will require cities and towns (as well as all public bodies) to make available for inspection the records of disciplinary actions of officers and employees unless specifically prohibited by law. The bill is sponsored by Representative Kirk Adams (R-Mesa) and Representative Jonathan Paton (R-Tucson). Initially, the League took a position against the bill because of concerns by some cities that such a broad requirement to disclose would cause management breakdowns and bureaucratic nightmares. In response to our concerns, Reps. Adams and Paton convened a stakeholder meeting with the League, the counties, the Fraternal Order of Police and the newspaper association. Because many cities already disclose the information under the bill, we agreed to amend the bill to clarify that information that cannot be disclosed under current law -such as health information, insurance coverage, social security numbers, etc. - remain confidential. Additionally, anyone requesting the information must still follow the open records request procedures and the Attorney General Opinion regarding public entities' compliance with open records requests still applies. Finally, the House Rules Office will issue a letter that states that local ordinances are not preempted by this legislation. Due to these additional safeguards and the confidence that this legislation does not impact the current practice of many cities and towns, the League will move to neutral on the bill. Please contact Jeff Kros at the League if you have any questions. IMMIGRATION MEASURES It has come to our attention that there is some misleading information circulating related to immigration bills. The information is about House Concurrent Resolution (HCR) 2039, a measure that deals with law enforcement and immigration. Part of why the information is misleading has to do with the difference between a resolution, an initiative and a bill. A resolution is a measure that goes through the legislature for the purposes of going to the ballot for a vote of the people. It does not go to the Governor for her signature or a veto. Instead, if it passes the Legislature it goes directly to the Secretary of State to be placed on the next state-wide ballot. Several cities have brought to the attention of the League an a-mail chain that states "if the measure (HCR 2039) passes the legislature and is vetoed by Gov. Janet Napolitano (a real possibility), it automatically goes to the ballot for voter approval. The four successful immigration reduction initiatives in 2006 were placed on the ballot in this very manner, as opposed to through the gathering of signatures." This seems to confuse resolutions and initiatives. An initiative measure does require a gathering of signatures, but an initiative does not go through the Legislature, as a resolution would. A bill such as House Bill 2807, which also deals with immigration and law enforcement, does go through the legislative process. If it passes through House and Senate committees and floor sessions it eventually ends up on the Governor's desk. The Governor can sign it, veto it or let it go into law without a signature. H.B. 2807 is sponsored by Representative John Nelson (R-Glendale) and has the support of some cities; the League is neutral on the measure. It creates a framework for law enforcement to deal with immigration 2 April 18, 2008 Immigration Measures contd. issues as well as identifying funding sources for the training of local police. The League has been working with Rep. Nelson on this bill. H.B. 2807 passed Senate COW this week. If you have further questions please feel free to contact Dale Wiebusch at the League. DUUOUI OMNIBUS BILL CLEARS COW House Bill 2395, the driving and operating under the influence bill, passed the Senate Committee of the Whole (COW) this week. This bill, sponsored by Speaker of the House James Weiers (R-Phoenix), makes several changes to statutes related to driving a car or operating a watercraft under the influence of alcohol and/or drugs. Among the changes are provisions to: • Reduce the ability of judges to suspend portions of sentences; • Repeal language as necessary to remove statutory conflicts; • Alter the time period that a person convicted of a first offense DUI must have an Ignition Interlock Device (IID); and • Increase penalties associated with OUI (operating a watercraft under the influence). This 45 page bill will require careful reading. Its next step is Third Read in the Senate, probably next week. Contact Dale Wiebusch at the League if you have any questions or comments. "GREEN BUILDING" RESTRICTIONS STILL PROBLEMATIC The strike-everything amendment on House Bill 2221, which we told you last week puts many new obstacles in the way of cities and towns that want to establish mandatory Green Building Programs or measures, could also pose new problems for zoning and land use developments. At issue are cities' attempts to stipulate "green building" measures in construction standards. Under the language of the bill, cities could not stipulate those types of conservation measures typically found in Green Building Programs without having first done a series ofcost-benefit and other analyses. Although we certainly understand that new or innovative methods of construction should be given a thorough review before implementation, we find that cities already adequately vet these green building stipulations publicly before requiring them. We firmly believe that each municipality, acting through its elected leaders, is the best judge of what the citizenry want in their communities. To put new one-size-fits-all hurdles in place, some of which may not even be relevant to green building, seems bad policy. The League and many cities remain adamantly opposed to H.B. 2221. WILDFIRE PRESS CONFERENCE Today, April 18, Governor Janet Napolitano held a pre-wild land fire season briefing. Besides the Governor, those speaking included Kirk Rowdabaugh, Arizona State Forester, Beth Zimmerman, Assistant Director, Recovery; Arizona Division of Emergency Management, Chris Cummiskey, Director, Arizona Government Information Technology Agency and Dennis Burke, Governor Napolitano's Chief of Staff The Governor started the briefing by reminding Arizonans that we are all responsible for fire safety and prevention. After congratulating the state for being more prepared every year, the Governor signed off on a $1 million release to be used by state foresters for pre- positioning of equipment - which adds to the preparedness of the state as a whole during fire season - and also signed a document designating April 21st-25th as Fire Awareness Week. The Governor warned that fire season will be starting earlier this year (mid-May) and lasting longer (until late July) She said the state will be planning for the worst and hoping for the best this year regarding to fire safety, maintenance, and prevention. Experts said we had an unusually dry month of March this year, which could mean a very active fire season. They also touched on the emergency responses provided to people impacted, an update of the 2-1-1 system, and an overview of evacuation procedures. Concluding the briefing, the Governor called on the public for their help in prevention activities such as clearing the brush around homes and businesses, being familiar with emergency response systems around the state, and having an evacuation plan in case of an emergency. RESOLUTIONS REMINDER Once again, its time to start thinking about the League's legislative agenda for next year. Resolutions are your opportunity to submit policy suggestions that are broadly applicable to all cities and towns and that work to advance the ability of local government to serve their citizens. The League will be sending out the Resolutions packets next week to all Mayors and Managers; these packets will contain detailed information about substantive requirements for resolutions. Please keep an eye out for this important information. April 18, 2008 The Weekly Spotlight- Representative Tom Prezelski Representative Tom Prezelski (D- Tucson) is a Tucson native with deep roots in the Old Pueblo and Southern Arizona. His father had a distinguished twenty-two year career in the United States Air Force, retiring with the rank of Senior Master Sergeant. His mother, who had a long and varied career at the University of Arizona, is a descendant of several pioneer families of the Arizona-Sonora Border region, including some ancestors who served as soldiers in the Spanish garrison at Tucson in the 18`~ century. His family's tradition of public service extends at least as far back as his grandfather, Francisco Ronquillo Villa, a cowboy, rancher, union railroad worker and Cochise County Democrat who served on a school board in the San Pedro Valley in the 1930s. Representative Prezelski is a graduate of the University of Arizona, where he was active in the Arizona Students Association and received a degree in Geography. He is an amateur historian, and some of his articles have seen print. He has worked as a docent and volunteer at the Arizona Historical Society in Tucson, and participates in a reenactment group that recreates the Segunda Compania de Voluntarios de Cataluna, a Spanish infantry company that served in what is now Arizona, California and Sonora in the 18"' century. In 1995 he was appointed to the Tucson-Pima County Historical Commission, a board that advises local government about historical and cultural preservation issues in the greater Tucson area. He has also worked as a planner for the Tohono O'odham Nation from 1999-2003. He is a lifelong and active Democrat, and has been a precinct committeeman since 1999. He also served on the City of Tucson Redistricting Commission in 2002. The Pima County Board of Supervisors appointed Tom Prezelski to the House of Representatives in February 2003, and he has been twice re-elected. He lives in the Barrio Viejo neighborhood of Tucson on the same block where his grandmother grew up. What prompted you to run for the legislature? As a teenager I was active in politics. Eventually I started working as a bureaucrat for the Tohono O'odham Nation - but I could never express my opinions on issues. At the legislature it's nice to be in a position to express an opinion and know that it will have an effect on something. The opportunity presented itself, and I took it. How would you get more people interested in the legislative arena? The interesting thing about Tucson in particular is that the people are academically knowledgeable about the legislature,. but they are not actually aware of it, and the fact that it does something. When the people in Tucson have a problem, they don't call their legislators -they call their county supervisor, or their city council members. The good thing about that is that we are not bringing a bunch of local issues to the legislature, like some from Maricopa County seem inclined to do, but the bad thing is that our constituents largely don't know who we are! What's particularly important is to make people aware of the legislature and how they actually affect their community -this would be quite a difficult task since the political culture in Tucson is not conducive to that. What's your proudest legislative achievement? My proudest legislative achievement is leading the opposition to the cable bill three years in a row. The cable industry eventually walked away after declaring victory on a bill that did nothing more than define what a public access channel is,. Now they spend their time making nice to the Tucson community, and are behaving properly - I consider that a victory. What do you think is the proper role of state government? Ojlocal government? The proper role of local government is to do the mundane stuff we all depend on, fixing potholes, making sure police and fire officers show up when they're needed, economic development, etc. The role of state government is to make sure we have the means to do that. What kinds of things do you do to relax -favorite music, books, etc? I spend a lot of time hanging out with musicians, going to shows in Tucson. I also do historical reenactments - and recently acquired a cannon. Don't let anybody say that Rio Nuevo was a waste of time because we bought a cannon. They rebuilt a section of the Tucson Presidio for reenactments and historical education. I am also trying to learn how to play the ukulele. Thank you for your time. Thank you. 4 April 18, 2008 Arizona ~~y TOW11S Bulletin -Issue 16 - Apri125, 2008 IN THIS ISSUE League Thanks State Leaders For Protecting Cities .......................... 1 Governor Signs League Resolution .................................... 1 Bills Of Note ................................ 2 Session Deadline .......................... 3 The Weekly Spotlight .................. 3 Legislative Bu[letrn is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: League of Arizona Cities & Towns 1820 Wes[ Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league~a azleague.org Iutemet: www.azleague.org LEAGUE THANKS STATE LEADERS FOR PROTECTING CITIES The League thanked House Speaker Jim Weiers (R- Phoenix), Senate President Tim Bee (R-Tucson), House Minority Phil Lopes (D-Tucson), and Senate Minority Leader Marsha Arzberger (D-Willcox), as well as Governor Janet Napolitano, this week for protecting cities and towns in their comprehensive effort to address the FY 2007-08 budget shortfall. The budget fix, which was passed and signed last week, utilized the Rainy Day Fund, fund sweeps and agency budget cuts to balance this year's estimated $1 billion deficit. While cities and towns may be impacted by some of the fund sweeps, such as the State Lake Improvement Fund and the Housing Trust Fund, these state leaders protected the most important revenue sources - shared revenues. Our letter commending them is attached for your review and use. Please contact vour members, legislative leadership and the Governor and thank them for recognizing the efforts of cities and towns in addressing their own shortfalls and how important this revenue is to Arizona communities. As the session moves forward, the FY 2008-09 budget will become the focal point. The state's projected spending for the fiscal year is nearly $2 billion higher than expected revenues, which leaves many tough decisions to be made. Currently, leaders are meeting to discuss a process for creating this budget and we expect negotiations to begin shortly. The League continues to encourage legislators and the Governor to protect shared revenues as they craft this budget. Strong, financially viable cities will help Arizona's economy grow, but cutting shared revenues only shifts the state's shortfall onto local governments that are already making budget adjustments in light of the economic slowdown. Your city or town's relationships with legislators are critical at this point in the year -they should be hearing from you often for updates on events in the community, budget issues and encouragement for them during this tough time. If you need assistance with this effort, please contact League staff. GOVERNOR SIGNS LEAGUE RESOLUTION Governor Janet Napolitano signed House Bill 2466 this week, which expressly exempts critical infrastructure information from public records requests. The lack of clarity in the law prevented the sharing of some information between utilities and cities and towns for fear of that information being made public. Under this legislation, which becomes effective on the general effective date (90 days after the end of session), the information is clearly protected and cities can continue working with utilities to ensure their first responders and public safety officials are able to effectively protect infrastructure and the community. The Town of Buckeye and City of Surprise, which co-sponsored this resolution, were instrumental in its passage, as was Representative John Nelson (R- Glendale), who sponsored the bill and has been an advocate for protecting critical infrastructure information during his time at the Capitol. Apri125, 2008 BILLS OF NOTE Below is a quick list, in no particular order, of some of the bills that we're currently tracking and where they are in the process. Other bills we're following may be stalled somewhere, but we'll let you know if they start moving and what we're going to do about it. As always, if you have any questions, give us a call at 602-258-5786. • S.B. 1491 -subdivision reports; notice -allows the Real Estate Commissioner to issue fines against builders who illegally subdivide lots. An amendment was almost offered that would have exempted some properties from the prohibition against illegal subdividing, but was withdrawn. Had that amendment been adopted, the League would have opposed the bill. The bill passed out of the House by a vote of 56-0-4. It now returns to the Senate where the bill's sponsor, Senator Pam Gorman (R-Anthem), will likely concur and the Senate will vote on the House amendments. • H.B. 2364 -election law amendments -makes numerous small changes to election laws, but we're most interested in a technical fix regarding primary dates that is important for some cities. The bill started with an emergency clause which makes it effective upon the Governor's signature-a provision the League supports for our technical fix-but it fell short of the 40 votes it needed in the House. The bill still passed, but without the emergency clause. We're working with the Secretary of State's office to get the emergency clause back on when the bill gets to the Senate floor, which we expect next week. • H.B. 2507 - political subdivisions; state endowment investments - allows political subdivisions to authorize and request that the State Treasurer invest trust monies in equity securities for long-term endowment funds. The League supported the measure. The bill passed out of the Legislature and is awaiting the Governor's signature. • S.B. 1024 -cities; campaign finance; website - the bill requires cities, towns and counties that have websites to post campaign finance information on their websites. Amended in the House, only cities and towns with a population over 2500 and counties with more than 100,000 are required to post the information; no information needs to be posted for any candidate who spends $500 or less. The bill is awaiting a final vote in the House before it returns to the Senate. Senator Linda Gray (R-Glendale), the bill's sponsor, is expected to concur with the House changes. The League is neutral with the amendments being added. • S.B. 1456 -public record; storage -allows each state agency or any of the state's political subdivisions to implement a program for the production or reproduction of records on 2 microfiche, digital imaging or other electronic media. Senator Ron Gould (R-Lake Havasu City) is the bill sponsor. Governor Napolitano signed the bill on April 22nd. The League supported this bill. H.B. 2395 -NOW: driving; boating; under the influence -makes numerous changes to Driving Under the Influence and Operating Under the Influence statutes. House Speaker James Weiers (R-Phoenix) allowed an underlying bill of his to be used for this strike-everything amendment. The bill was transmitted to the Governor on April 24th. The League never took a formal position on this bill. H.B. 2630 -concealed weapons; petty offense - the bill would change the penalty for carrying a concealed weapon without a permit from a Class 1 misdemeanor to a petty offense, unless the violation occurs in the commission or attempted commission of certain offenses. Sponsored by Representative Russell Pearce (R-Mesa), the bill passed both houses in relatively close votes and was sent to the Governor on April 24th. The League opposes this measure. H.B 2807 -immigration; local enforcement - creates a framework for local law enforcement to deal with immigration issues as well as identifying funding sources for the training of local police. Representative John Nelson (R- Glendale) sponsored the bill. The League is neutral on this measure. It was sent to the Governor on Apri122nd. S.B. 1151 - NOW: PSPRS; investments; management -authorizes the Fund Manager of the Public Safety Personnel Retirement System (PSPRS) to retain professional outside money managers to make certain investments and allows the Fund Manager to commingle the assets of the three systems that it administers. The League supported this measure. It has passed the Legislature and awaits the Governor's signature. H.B. 2113 -municipal annexation; finality - originally, the bill prohibited an annexation from becoming final until the clerk of the county board of supervisors where the property was annexed received a copy of the adopted annexation ordinance. We strongly objected to this, so the bill was amended to only require cities and towns to provide a copy of the annexation ordinance to the clerk of the county board, but without letting this process affect the finality of the annexation. The League moved to neutral after the provisions were amended and the bill awaits the Governor's signature. H.B. 2410 -open meetings; public opinions - clarifies several matters relating to public officials and the Open Meeting Law (OML). It says a member of a public body is not subject to the OML when expressing an opinion or discussing an issue with the public at a meeting not subject to Apri125, 2008 the OML; discussing an issue personally; or through the media or other form of public broadcast if the opinion or discussion is not principally directed at another member of the public body and there is no concerted plan to engage in collective deliberation to take legal action. The League supported this important clarification. It awaits the Governor's signature. S.B. 2615 -NOW: solar construction permits requires a fee assessed by a city or town relating to a solar energy product to be attributable to and defray the actual cost of the inspection service. The League was neutral on this bill after working with the solar industry. We will also participate in the study committee that the bill establishes. After undergoing another clarifying amendment, the bill will be voted on by the full Senate next week. SESSION DEADLINES April 22nd marked the 100th day of session. The Saturday of the week of the 100th day, Apri126th this year, is the date required by rule for sine die adjournment unless leaders extend the deadline, which they did. May 2nd is now the new terminal date, and if further extensions are to be made, a majority vote in each holzse is required. We have no doubt the Legislature will be in session past May 2nd. A second approaching deadline is the 120th day of session, May 12th -the per diem deadline. It is the last day that lawmakers will receive their full per diem of $35 (those living within Maricopa County) and $60 (those living outside Maricopa county). The per diem is cut to $10 for those within Maricopa County, and $20 for those living in other counties. With these deadlines, session is slowly winding down. The number of bills under consideration continues to dwindle and regular committee hearings have ended. As usual this time of session, member attendance at the Legislature drops due to the low number of bills scheduled for floor votes and the per diem deadline. The coming weeks will continue with limited floor calendars and conference committees, while we wait for the Legislature to put together the FY 2008-09 budget. The Weekly Spotlight - Representative Rich Crandall This week's Spotlight features Representative Rich Crandall (R-Mesa). Only in his second session, Rep. Crandall has distinguished himself as a champion of local government and is honored to be able to represent the residents of Mesa at the Arizona House. Mr. Crandall was raised in Arizona from the age of eight attending elementary school in Flagstaff, High and High School in Safford. His education includes both Bachelor's and Master's degrees in Accounting from Brigham Young University, and a Master's in Business Administration from the University of Notre Dame. He is the President and Founder of CN Resource (which specializes in oversight of USDA child nutrition programs), CFO and Partner in Crandall Corporate Dietitians, and the Managing Member of Delos Development. He is also a Licensed CPA in the state of Arizona. In addition he is a Board Member of the Mesa Public Schools, Board Member of Bringing Hope to Single Moms Foundation, Past Board Member of the Mesa Bank, Member of Mesa Baseline Rotary and a Member of the Mesa Chamber of Commerce. Rep. Crandall is most proud of his family which includes his wife Patrice and his seven children (six daughters and one boy). Because of his children and his service on the Mesa School Board, Mr. Crandall is most passionate about education in Arizona. He is looking forward to working with all interested parties to keep Arizona a great place to live and learn. He is the Vice Chair of the Commerce Committee, and a Member of the Government, Judiciary and Ways and Means Committees. What prompted you to run for the legislature? While sitting on the Mesa School Board I recognized that if I was ever going to have an impact for good on public education in Arizona,. it would most likely come as a member of the Legislature. When a seat opened up in Mesa, I jumped in and now find myself having a great experience. How would you get more people interested in the legislative arena? Getting people involved is a two step process. First, people have to understand how the process works. Apri125, 2008 then finishing Jr. There is a time when their voice will make a difference and there is a time when it is too late. The second step is making sure people understand how one, well informed person can poke holes in potential legislation or build a strong case for support. What's your proudest legislative achievement? I am hoping my proudest moment comes this session. I am working on a bill that would get significantly more computers into schools. Arizona is behind many states in technology use in schools. We have to close the gap without breaking the bank. What do you think is the proper role of state government? Of local government? Whenever you serve on a school board you automatically are a proponent of local control. The role of state government should be to tackle the big issues that affect us all, i.e. health care, transportation, commerce, etc. Tackling the local issues such as building codes, tattoo parlors and roof rats should be left to those closer to the situation. What kinds of things do you do to relax favorite music, books, etc? I have a great way of relaxing. About four times a week I go out on the front lawn of my house with my daughters and my son and throw footballs around. We talk about school, sports, and everything else kids can think o£ My arm aches by the time we are done even though most of my passes don't make it past 10 yards. Thank you for your time. Thank you for the opportunity. 4 Apri125, 2008 League of Arizona ~1Ll~S AI~~~C~YI~ 1820 4V ~1~ashingtan • Phoenix, AZ 85007 • Phone: (602) 258-5786• Fax: (602) 253-3874 EtnaiI: IeagoeC~azleagti~e.org • Wti~ site: ~~~w~;azleague.org April 24, 2008 "i'he Honorable Janet Napolitano Governor, State of Arizona 1700 W. Washington Street Phoenix., Arizona 85007 Dear Governor Napolitano, On behalfof the leaders of Arizona's 90 cities acid towns, I want to personally thank you for your leadership on the difficult budget issues facing the state this year. Specifically, I want to express my appreciation: to you for protecting shared revenues in the FY 2007-08 budget balancing bill that was passed last week. This economic downturn has. hit cities and towns throughout the state particularly hard, Iced by declines in residential home construction, our local sales tax revenues have been reduced dramatically. In response, cities and towns have taken immediate steps to live within their budgetary means by suspending ar eliminating programs, reducing services, leaving open positions unfilled and laying off personnel. i want to encourage you to keep this situation iti mind as you negotiate the FY 2008-09 state budget. Any reductions to shared revenue would compound the already critical financial situation currently facing municipalities. While no one knows with. certainty how long the current economic downturn will affect us, Arizona's local leaders .are busy working to help restore the economy by promoting jobs and economic growth. We believe this will help put us back on track to economic prosperity. Again, thank you for your efforts on behalf of the communities of the state.. If I can ever be of assistance, ptease do not hesitate to contact me directly or to contact. our League staff. Sincerely, Boyd Dunn, President Mayor of Chandler cc: President Timothy Bee Speaker 3irn Weiers Thayer Verschoor, Senate Majority Leader Marsha Arzberger, Senate Minority Leader Tom Boone, House Majority Leader Phil Lopes, House Minority Leader