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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
June 3, 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 silent 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 June 2, 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.
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A. CALL TO ORDER AND ROLL CALL
REGULAR MEETING
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 -
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
June 3, 2008, at or after 7:00 p.m.
1) Presentation: Impact fee updates due to automatic indexing (Keith
Brann)
2) Presentation: Discussion of a development agreement for the proposed
Marana Health Center medical campus on Marana Main Street (Frank
Cassidy)
ANNOUNCEMENTS/UPDATES -
PROCLAMATIONS -
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.
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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
June 3, 2008, at or after 7:00 p.m.
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.
1. Resolution No. 2008-70: Relating to Real Estate; authorizing the sale by
public oral auction of a 0.0286 acre portion of the public drainageway
located south of Lot 17 of the Continental Ranch Parce150 subdivision
(Frank Cassidy)
2. Resolution No. 2008-71: Relating to Development; approving and
authorizing a fmal plat for Villagio (Kevin Kish)
3. Resolution No. 2008-72: Relating to Development; approving the release of
a Private Improvement Agreement for Silverbell Office Retail, and
acceptance of public improvements for maintenance (Keith Brann)
4. Resolution No. 2008-73: Relating to Development; acceptance of public
improvements for maintenance for Canyon Pass IV-B Phase I (Keith
Brann)
5. Resolution No. 2008-74: Relating to Development; approving a release of
assurance for Gladden Farms Block 19 and acceptance of public
improvements for maintenance (Keith Brann)
6. Ordinance No. 2008.12: Relating to Development Services; establishing a
fee schedule for services offered by the Development Services
Administration Records Center; and establishing an effective date (Cedric
Hay)
7. Resolution No. 2008-75: Relating to the Police Department; authorizing
application for undercover vehicle registrations (Richard Vidaurri)
8. Resolution No. 2008-76: Relating to Public Works; approving and
authorizing an intergovernmental agreement between the Regional
Transportation Authority, the Pima County Department of Transportation,
and the Town of Marana for the development and implementation of a
coordinated traffic signal corridor along West Ina Road between Oracle
Road and Silverbell Road (the Ina Road Corridor Regional Traffic Signal
Timing Project) (Keith Brann)
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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)(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.
3. Executive Session pursuant to A.R.S. § 38-431.03(A)(4), discussion and
consultation with the Town's attorneys concerning the lawsuit entitled
Fidelity National Title v. Town of Marana, Pima County Superior Court
No. 020082776.
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
June 3, 2008, at or after 7:00 p.m.
J. COUNCIL ACTION
1. Resolution No. 2008-77: Relating to Floodplain Management; approving
and authorizing the Mayor to execute a Federal Emergency management
Agency Remapping Study Contribution Agreement with a coalition of
builders and developers with administrative assistance from the Southern
Arizona Home Builders Association (Frank Cassidy)
2. Resolution No. 2008-78: Relating to the Police Department; approving and
authorizing the Mayor to execute a memorandum of understanding with the
Marana Police Officers' Association relating to wages, hours and working
Conditions; and declaring an emergency (Deb Thalasitis)
3. Resolution No. 2008-79: Relating to Development; approving and
authorizing the execution of a development agreement with Tangerine Road
Associates relating to the impact fees for the Tangerine Crossing
development (Keith Brann)
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
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REGULAR COUNCIL MEETING
NOTICE AND AGENDA
Council Chambers
11555 W. Civic Center Drive, Marana, Arizona 85653
June 3, 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 226-15-018D, 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
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INFORMATION gR~ZUh~'
MEETING DATE: June 3, 2008 AGENDA ITEM: E. 1
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., CFM, Assistant Director of Public Works, Town
Engineer
SUBJECT: Presentation: Impact fee updates due to automatic indexing
DISCUSSION
The Town of Marana currently has seven impact fees for various locations in the Town. These
include:
• Townwide Parks Fee
• Northwest Transportation Fee
• South Transportation Fee
• Northeast Transportation Fee (begins collection July 1, 2008)
• Lower Santa Cruz Levee Fee
• Gravity Storage and Renewable Water Resource Fee
• Water System Infrastructure Impact Fee
Of these impact fees, the parks fee and the three transportation fees were modified by Ordinance
No. 2006.12 to be automatically indexed annually per the Engineering News Record's 20-city
construction cost index (ENR CCI). In the previous year, the date used to set the annual increase
was December. The increase was then implemented the following July 1, the beginning of the
Town's fiscal year. This caused a lengthy delay between setting the increase and actual
implementation. To resolve this, beginning this fiscal year, the CCI will be checked in May of
each year with the implementation still occurring the following July 1.
As a result of this current year's increased time from the normal check of December to May, an
increase of five month's worth of adjustments must be accounted for. The published December
2007 annual increase was added to the monthly increases for January through May 2008 to arrive
at a 17-month adjustment. As verification, the raw index value from December 2006 through
May of 2008 was also used to calculate a 17-month adjustment. This calculation showed that
there was round-off error using the monthly values and that the 17-month adjustment was
actually lower using raw index values. As a result, Town staff is recommending using the raw
index values for this year's adjustment.
The 17-month adjustment to set this years' increase is 3.2 percent. The new values for the
following three fees will be:
• Townwide Parks Fee $3225
• Northwest Transportation Fee $6644
• South Transportation Fee $3123
It should be noted that the Northeast Transportation Impact Fee, set to begin collection on July 1,
2008, has the annual indexing as part of its adopting language. The two water impact fees are
being evaluated for indexing at this time. The Lower Santa Cruz Levee fee is not indexed.
ATTACHMENTS
I Engineering News Record construction cost index table inclusive of May, 2008.
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prior to 1996 and the falaricated 20-city price from 1996, plus 1.128 tons of portiand
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MEETING DATE: June 3, 2008 AGENDA ITEM: E. 2
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Presentation: Discussion of a development agreement for the pro-
posed Marana Health Center medical campus on Marana Main
Street.
DISCUSSION
For several months, staff has been in discussions with representatives of the Marana Health Cen-
ter concerning a possible development agreement for the construction of Marana Health Center's
new medical campus on Marana Main Street, across from the Marana Municipal Complex. At-
tached for your consideration is a proposed draft of the development agreement, as prepared by
Town staff. The key deal points of the draft are:
1. The Town will pay with existing discretionary funding the first $200,000 of building re-
view and inspection fees for the project. To avoid arguments from other fee payers con-
cerning redistribution of the costs associated with the medical campus fees, these fees
should not be waived. Town payment of the fees provides the same benefit to Marana
Health Center as waiver. Any out-of-pocket Town costs and fees associated with outside
or special reviews performed by non-Town employees are not included in the $200,000,
and must be paid by Marana Health Center.
2. Marana Health Center must pay all other fees applicable to the project. Current fees in-
clude Town water infrastructure and water resources development impact fees, Town wa-
ter meter fees, and Pima County sewer connection fees.
3. Marana Health Center is permitted to use any fill material from the Barnett Channel as
necessary for the development of the site, provided that the excavation is done in a man-
ner consistent with the ultimate Barnett Channel design and assuming that the material
has not previously been removed for other projects.
4. In lieu of on-site detention and retention requirements, the project is permitted to drain
into the Barnett Channel area, and to use the Barnett Channel area for retention/detention,
subject to engineering and hydrology approval. Upon completion of the Barnett Channel
project, any on-site retention and detention requirements will be satisfied by draining the
site into the Barnett Channel.
{00009444.DOC /} 3/18/2008 11:07 AM FJC/cds
5. Marana Health Center will not be required to underground the Cortaro Marana Irrigation
District channel located along the north side of Barnett Road and along the south side of
the medical campus site. If the channel is required to be undergrounded, the Town will
be responsible for those costs in connection with the Barnett Channel project.
6. The Town will provide regulatory-designed directional signage to the medical campus on
Clark Farms Boulevard, Tangerine Farms Road, Marana Main Street, and Sandario Road,
in a design consistent with the regulatory signs directing motorists to the Marana Munici-
pal Complex, the Marana Police Headquarters, and the Marana Municipal Court.
This agenda item provides an opportunity for the Council to provide feedback concerning the
proposed deal points of the draft Marana Health Center development agreement, and to propose
any additional terms or revisions deemed necessary.
The medical campus site is part of the Town Center area that was removed from the 2005 Ran-
cho Marana Specific Plan amendment in anticipation of a separate Town Center planning and
specific plan amendment process being done for that area. The amendment to the Marana Spe-
cific Plan dealing with the Town Center planning area was heard by the Marana Planning Com-
mission on May 28, and is expected to be forwarded to the Council within the next thirty days.
Among other things, the amendment accommodates the Marana Health Center medical campus.
Staff proposes to bring forward the Marana Health Center development agreement for formal
adoption and approval concurrently with the Rancho Marana Specific Plan amendment.
RECOMMENDATION
After the incorporation of any revisions or additional terms, staff recommends that the Council
set a timeframe for bringing the final development agreement back to the Council for formal ap-
proval.
FINANCIAL IMPACT
Direct financial impact is $200,000, but the indirect financial benefits to the Town will also be
discussed as part of this item.
ATTACHMENT
Draft Marana Health Center development agreement
SUGGESTED MOTION
I move to direct staff to bring back a final Marana Health Center development agreement for
formal adoption by the Town Council, incorporating the comments discussed today, for consid-
eration at the same Town Council meeting that the Town Center planning and accompanying
Rancho Marana Specific Plan amendment is brought forward for Council approval.
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MARANA HEALTH CENTER DEVELOPMENT AGREEMENT
TOWN OF MARANA, ARIZONA
This Development Agreement (this "Agreement") is entered into by and between the TowtJ
OF MARANA, an Arizona municipal corporation (the "Town") and MARANA HEALTH CENTER,
INC., an Arizona non-profit corporation (the "Health Center"). The Town and the Health Center
are collectively referred to in this Agreement as the "Parties," and each is sometimes individually
referred to as a "Party."
RECITALS
A. The Health Center is amulti-service health care clinic and community services center that
has served rural and metro Marana and northwest Pima County for over 50 years.
B. The Health Center currently owns and operates a medical facility located just north of
Grier Road on Sandario Road.
C. The Health Center has acquired a vacant parcel of property consisting of approximately
25.76 acres, located immediately west of the intersection of Marana Main Street and Civic
Center Drive (the "Property").
D. The Health Center intends and desires to develop a new medical campus (the "Medical
Campus") on the Property.
E. The Property is located directly across the street from the Marana Municipal Complex, in
an area known as the "Town Core," which is planned for high density downtown commercial
and mixed-use pedestrian-oriented development.
F. Establishing clearly defined expectations, rules and regulations is necessary to ensure that
the Parties' vision for the ultimate development of the Medical Campus can be carried out as
construction of the Medical Campus occurs in phases over the course of many years.
G. The Property is included in and subject to the provisions of the Rancho Marana Specific
Plan, originally adopted February 6, 1990 by Ordinance No. 90.04, and amended on May 18,
1999 by Ordinance No. 99.13, on February 15, 2005 by Ordinance No. 2005.05, and on June 17,
2008 by Ordinance No.2008.XX. Collectively, these ordinances are referred to in this
Agreement as the "Rancho Marana Specific Plan."
H. The Property is legally described in Exhibit A attached to this Agreement.
I. The Town and the Health Center desire to establish certain agreements pursuant to A.R.S.
§ 9-500.05 to facilitate development of the Medical Campus by providing for, among other
things, the conditions, terms, restrictions, and requirements for development and public
infrastructure.
J. The Medical Campus will have a substantial positive economic impact on the Town
because, among other things, (i) it will jump-start development in the Town Core, (ii) it will
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MARANA HEALTH CENTER DEVELOPMENT AGREEMENT
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assure that high-quality professional employment opportunities will continue to exist and will
expand in the Town Core area, and (iii) the employees and the many and diverse clients of the
Health Center will be drawn to the commercial and housing opportunities in and near the Town
Core.
K. The short-term and long-term benefits of the development of the Medical Campus on the
Property will offset and significantly outweigh the Town's financial obligations under this
Agreement.
L. The development of a Medical Campus on the Property is in compliance with the Town's
adopted and approved General Plan (as defined in A.R.S. § 9-461).
AGREEMENT
Now, THEREFOxE, in consideration of the mutual promises made in this Agreement, the
Parties agree as follows:
Article 1. Background
1.1. Incorporation of the Recitals. The foregoing Recitals are incorporated here by this
reference.
1.2. Proposed Uses. The Medical Campus will consist of medical and dental clinics, a
behavioral health center, a pharmacy, administrative offices, and accessory supporting uses
including but not limited to dining facilities and shops. Exhibit B attached to this Agreement is a
conceptual description of the master site plan for the Medical Campus.
1.3. Definitions. The following definitions shall apply to this Agreement:
1.3.1. "Development Regulations" is defined in paragraph 2.1 below.
1.3.2. The "Medical Campus" is defined in recital D above, conceptually described in
Exhibit B attached to this Agreement.
1.3.3. The "Property" is defined in recital C above and described in Exhibit A attached to
this Agreement.
1.3.4. "Rancho Marana Specific Plan" is defined in recital G above.
Article 2. Development of the Property.
2.1. Development Regulations. The development of the Property shall be governed by the
Rancho Marana Specific Plan, as clarified and supplemented by this Agreement. The Marana
Development Code, including the written rules, regulations, substantive procedures, and policies
relating to development of land, adopted or approved by the Mayor and Council (collectively the
"Marana Development Code") in effect on the effective date of this Agreement shall apply to the
extent not covered by the Rancho Marana Specific Plan or this Agreement. In the event of any
express conflict, the terms of this Agreement and the Rancho Marana Specific Plan shall control
over the Marana Development Code. The requirements of this paragraph are collectively referred
to as the "Development Regulations."
2.2. Development Review. The Property shall be developed in a manner consistent with the
Development Regulations and this Agreement, which together establish the basic land uses, and
the densities, intensities and development regulations that apply to the land uses authorized for
the Property. Upon the Health Center's compliance with the applicable development review and
{00008112.DOC / 3} 5/28/2008 5:53 PM
MARANA HEALTH CENTER DEVELOPMENT AGREEMENT
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approval procedures and substantive requirements of the Development Regulations, the Town
agrees to issue such permits or approvals for the development of the Medical Campus as may be
requested by the Health Center.
2.3. Barnett Channel Dirt. The Health Center may at its own cost and using its own
contractor excavate dirt from the Barnett Channel for use on the Property in connection with the
development of the Medical Campus, provided that the excavation is consistent with the ultimate
design of the Barnett Channel and has not previously been excavated. The Health Center shall
demonstrate to the satisfaction of the Town Engineer that the resulting pit will drain within 36
hours.
2.4. Retention/Detention. In lieu of on-site detention and retention requirements, the Medical
Campus shall be permitted to drain into the Barnett Channel area, and to use the Barnett Channel
area for retention/detention, subject to engineering and hydrology approval. Upon completion of
the Town's Barnett Channel project, any on-site retention and detention requirements will be
satisfied by draining the site into the Barnett Channel.
2.5. CMID Channel. Any undergrounding or modification of the CMID channel that lies
between the Property and the future Barnett Channel shall occur at no cost to the Health Center.
This paragraph does not create an affirmative Town obligation to modify or underground the
CMID channel.
2.6. Directional Si~nage. The Town will install and maintain directional signage to the
Medical Campus from future Clark Farms Road, Tangerine Farms Road, Marana Main Street
and Sandario Road in a design consistent with the signs directing motorists to the Marana Town
Hall and Marana Municipal Court.
2.7. Bill Gaudette Road. The Health Center shall dedicate to the Town at no cost that portion
of the right-of--way that lies within the Property. for the road linking Marana Road to Sandario
Road (identified in previous documents as "Bill Gaudette Road"). Bill Gaudette Road is
anticipated to have a 62-foot wide right-of--way and to be constructed by third parties, as
described in the Amendment to Real Estate Exchange and Development Agreement recorded in
the Pima County Recorder's office at Docket 12846, Page 4712.
Article 3. Fees
3.1. Obligation for Payment of Existing Fees. The Health Center shall be required to pay all
fees that are in place as of the date of this Agreement, including the following:
3.1.1. The Gravity Storage and Renewable Water Resource Fee and the Water System
Infrastructure Impact Fee, adopted by Marana Ordinance No. 2005.25, including any
increases in those fees as may be adopted from time to time.
3.1.2. The Santa Cruz Levee Fee adopted by Marana Ordinance No. 99.02.
3.1.3. Pima County sewer connection fees, and any other fees adopted by entities other
than the Town.
3.1.4. Town building, grading, and other existing development-related fees, including any
increases in those fees as may be adopted from time to time, to the extent they exceed or are
not covered by the Town contribution set forth in paragraph 3.3 below.
{00008112.DOC / 3) 5/28/2008 5:53 PM
MARANA HEALTH CENTER DEVELOPMENT AGREEMENT
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3.2. Other Fees. No new Town surcharge, development fees or impact fees, exactions or
impositions of any kind whatsoever for water, sewer, utilities, streets or other transportation
systems, parks, preserves, storm sewers, flood control, public safety or other public services or
any other infrastructure cost or expense shall be chargeable to the Health Center or to any owner,
lessee or occupant of the Medical Campus during the term of this Agreement.
3.3. Town Contribution of Building Fees. The Town shall pay the first $200,000 of building,
grading, and other existing development-related fees applicable to the construction of the
Medical Campus. Any out-of-pocket Town costs and fees associated with outside or special
reviews performed by non-Town employees are not included in the $200,000, and must be paid
by the Health Center.
Article 4. Cooperation and Alternative Dispute Resolution.
4.1. Appointment of Representatives. To further the commitment of the Parties to cooperate
in the progress of the development of the Medical Campus, the Town and the Health Center each
shall designate and appoint a representative to act as a liaison between the Town and its various
departments and the Health Center. The initial representative for the Town (the "Town
Representative") shall be the Planning Director, and the initial representative for the Health
Center shall be Clarence Vatne or a replacement to be selected by the Health Center. The
representatives shall be available at all reasonable times to discuss and review the performance
of the Parties to this Agreement and the development of the Medical Campus.
4.2. Non-Performance; Remedies. If either Party does not perform under this Agreement (the
"Non-Performing Party") with respect to any of that Party's obligations under this Agreement,
the other Party (the "Demanding Party") shall be entitled to give written notice in the manner
prescribed in paragraph 5.28 below to the Non-Performing Party, which notice shall state the
nature of the non-performance claimed and make demand that such non-performance be
corrected. The Non-Performing Party shall then have (i) twenty days from the date of the notice
within which to correct the non-performance if it can reasonably be corrected by the payment of
money, or (ii) thirty days from the date of the notice to cure the non-performance if action other
than the payment of money is reasonably required, or if the non-monetary non-performance
cannot reasonably be cured within thirty days, then such longer period as may be reasonably
required, provided and so long as the cure is promptly commenced within thirty days and
thereafter diligently prosecuted to completion. If any non-performance is not cured within the
applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to
begin the mediation and arbitration proceedings set forth in this Article. The Parties agree that
due to the size, nature and scope of the development of the Medical Campus, and due to the fact
that it may not be practical or possible to restore the Property to its condition prior to Health
Center's development and improvement work, once implementation of this Agreement has
begun, money damages and remedies at law will likely be inadequate and that specific
performance will likely be appropriate for the non-performance of a covenant contained in this
Agreement. This paragraph shall not limit any contract or other rights, remedies, or causes of
action that either Party may have at law or in equity.
4.3. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve
between themselves, the Parties agree that there shall be a forty-five day moratorium on
arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding
mediation before commencement of arbitration. The mediation shall be held under the
{00008112.DOC / 3} 5/28/2008 5:53 PM
MARANA HEALTH CENTER DEVELOPMENT AGREEMENT
-4-
commercial mediation rules of the American Arbitration Association. The matter in dispute shall
be submitted to a mediator mutually selected by Health Center and the Town. If the Parties
cannot agree upon the selection of a mediator within seven days, then within three days
thereafter the Town and the Health Center shall request the presiding judge of the Superior Court
in and for the County of Pima, State of Arizona, to appoint an independent mediator. The
mediator selected shall have at least five years' experience in mediating or arbitrating disputes
relating to real estate development. The cost of any such mediation shall be divided equally
between the Town and the Health Center. The results of the mediation shall be nonbinding on the
Parties, and any Party shall be free to initiate arbitration after the moratorium.
4.4. Arbitration. After mediation, as provided for in this Article, any dispute, controversy,
claim or cause of action arising out of or relating to this Agreement shall be settled by
submission of the matter by both Parties to binding arbitration in accordance with the rules of the
American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et
seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having
jurisdiction.
Article 5. General Terms and Conditions.
5.1. Term. This Agreement shall become effective upon its execution by all the Parties and
the effective date of the resolution or action of the Town Council approving this Agreement (the
"Effective Date"). The term of this Agreement shall begin on the Effective Date and, unless
sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall
thereafter be void for all purposes on the seventh anniversary of the Effective Date. If the Parties
determine that a longer period is necessary for any reason, the term of this Agreement may be
extended by written agreement of the Parties.
5.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right
or remedy, and no waiver by the Town or the Health Center of the non-performance of any
covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach
of the same or any other covenant or condition of this Agreement.
5.3. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of
the terms, covenants or conditions of this Agreement, or by reason of any non-performance of
this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys'
fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the
use of the word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 4.4
above, requiring disputes to be resolved by binding arbitration.
5.4. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterparts may be removed from the
counterparts and attached to a single instrument so that the signatures of all Parties may be
physically attached to a single document.
5.5. Headings. The descriptive headings of this Agreement are intended to be used to assist
in interpreting the meaning and construction of the provisions of this Agreement.
5.6. Recitals. The recitals set forth at the beginning of this Agreement are hereby
acknowledged, confirmed to be accurate and incorporated here by reference.
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MARANA HEALTH CENTER DEVELOPMENT AGREEMENT
-5-
5.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been
incorporated in this Agreement by reference with the same force and effect as if fully set forth in
the body of this Agreement.
5.8. Further Acts. Each of the Parties shall execute and deliver all documents and perform all
acts as reasonably necessary, from time to. time, to carry out the matter contemplated by this
Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good
faith and process promptly any requests and applications for plat or permit approvals or
revisions, and other necessary approvals relating to the development of the Medical Campus.
5.9. Time Essence. Time is of the essence of each and every obligation by the Town and
Health Center under this Agreement.
5.10. Successors and Assigns. This Agreement shall inure to the benefit of and be binding
upon the successors and assigns of the Parties pursuant to A.R.S. § 9-500.05 (D).
5.11. Lender Provisions. Notwithstanding paragraph 5.10 above, the Town is aware that
financing for development, construction, and operation of the Medical Campus may be provided,
in whole or in part, from time to time, by one or more third parties (collectively, "Lender"), and
that Lender may request a collateral assignment of this Agreement as part of its collateral for its
loan to Health Center. The Town agrees that such collateral assignments are permissible without
the consent of the Town. In the event of non-performance by Health Center, the Town shall
provide notice ofnon-performance to any Lender previously identified in writing to the Town at
the same time notice is provided to Health Center. If a Lender is permitted under the terms of its
agreement with Health Center to cure the non-performance and/or to assume Health Center's
position with respect to this Agreement, the Town agrees to recognize the rights of Lender and to
otherwise permit Lender to assume such rights and obligations of Health Center under this
Agreement. Nothing contained in this Agreement shall be deemed to prohibit, restrict, or limit in
any way the right of a Lender to take title to all or any portion of the Property, pursuant to a
foreclosure proceeding, trustee's sale, or deed in lieu of foreclosure. The Town shall, at any time
upon request by Health Center or Lender, provide to any Lender an estoppel certificate,
acknowledgement of collateral assignment, or other document evidencing that this Agreement is
in full force and effect, that it has not been amended or modified (or, if appropriate, specifying
the amendment or modification), and that no non-performance by Health Center exists under this
Agreement (or, if appropriate, specifying the nature and duration of any existing non-
performance) and certifying to such other matters reasonably requested by Health Center or
Lender. Upon request by a Lender, the Town will enter into a separate assumption or similar
agreement with the Lender consistent with the provisions of this paragraph.
5.12. No Partnership. It is not intended by this Agreement to, and nothing contained in this
Agreement shall, create any partnership, joint venture or other arrangement between the Health
Center and the Town.
5.13. Third Party Beneficiaries. No term or provision of this Agreement is intended to, or
shall be for the benefit of any person, firm, organization or corporation not a party to this
Agreement, and no such other person, firm, organization or corporation shall have any right or
cause of action under this Agreement. This Agreement is made and entered into for the sole
protection and benefit of the Parties and their permitted assigns, and no person other than the
Parties and their permitted assigns shall have any right of action based upon any provision of this
Agreement.
{00008112.DOC / 3} 5/28/2008 5:53 PM
MARANA HEALTH CENTER DEVELOPMENT AGREEMENT
-6-
5.14. Other Instruments. Each Party shall, promptly upon the request of the other, have
acknowledged and delivered to the other any and all further instruments and assurances
reasonably request or appropriate to evidence or give effect to the provisions of this Agreement.
5.15. Imposition of Duty by Law. This Agreement does not relieve any Party of any
obligation or responsibility imposed upon it by law.
5.16. Entire Agreement. This Agreement, including the attached exhibits, constitutes the
entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior
and contemporaneous agreements, representation and understanding of the Parties, oral or
written, are hereby superseded and merged in this Agreement.
5.17. Amendments. No change or addition shall be made to this Agreement except by a
written amendment executed by the Parties. The Parties agree to cooperate and in good faith
pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals
expressed in this Agreement. Within ten days after any amendment to this Agreement, it shall be
recorded in the office of the Pima County Recorder by and at the expense of the Party requesting
the amendment.
5.18. Names and Plans. Subject to customary reservations by the architects and other design
professionals of copyrights to plans and specifications, the Health Center shall be the sole owner
of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work
products of every nature at any time developed, formulated or prepared by or at the instance of
the Health Center in connection with the Property.
5.19. Good Standing; Authority. The Health Center represents and warrants to the Town that
it is duly formed and validly existing under the laws of the state of Arizona. The Town represents
and warrants to the Health Center that it is an Arizona municipal corporation with authority to
enter into this Agreement under applicable state laws. Each Party represents and warrants that
the individual executing this Agreement on its behalf is authorized and empowered to bind the
Party on whose behalf each such individual is signing.
5.20. Severability. If any provision of this Agreement is declared illegal, invalid or
unenforceable, in whole or in part, under present or future laws, it shall be severed from the
remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the
illegal, invalid or unenforceable provision, there shall be added automatically as part of this
Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as
may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed
reformed accordingly.
5.21. Governing Law. This Agreement is entered into in Arizona and shall be construed and
interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall
take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding
sentence shall constitute a waiver of paragraph 4.4 above, requiring disputes to be resolved by
binding arbitration.
5.22. Interpretation. This Agreement has been negotiated by the Town and the Health Center,
and no Party shall be deemed to have drafted this Agreement for purposes of construing any
portion of this Agreement for or against any Party.
{00008112.DOC / 3~ 5/28/2008 5:53 PM
MARANA HEALTH CENTER DEVELOPMENT AGREEMENT
- 7
5.23. Recordation. The Town shall record this Agreement in its entirety in the office of the
Pima County Recorder no later than ten days after it has been executed by the Town and the
Health Center.
5.24. No Health Center ReRresentations. Nothing contained in this Agreement shall be
deemed to obligate the Town or the Health Center to commence or complete any part or all of
the development of the Medical Campus.
5.25. Approval. If any Party is required pursuant to this Agreement to give its prior written
approval, consent or permission, such approval, consent or permission shall not be unreasonably
withheld or delayed.
5.26. Force Majeure. If any Party shall be unable to observe or perform any covenant or
condition of this Agreement by reason of "force majeure," then the failure to observe or perform
such covenant or condition shall not constitute an event of non-performance under this
Agreement so long as such Party shall use its commercially reasonable efforts to remedy with all
reasonable dispatch the event or condition causing such inability and such event or condition can
be cured within a reasonable amount of time. "Force majeure" as used in this paragraph means
any condition or event not reasonably within the control of such Party, including without
limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee
relations; acts of public enemies; orders or restraints of any kind of government of the United
States or any state or subdivision thereof or any of their departments, agencies, or officials, or of
any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides;
lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints
of government and of people; explosions; and partial or entire failure of utilities. Failure to settle
strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or
administrative proceedings by acceding to the demands of the opposing party or parties, in either
case when such course is, in the judgment of such Party, unfavorable to a Party shall not
constitute failure to use its best efforts to remedy such a condition.
5.27. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for
cancellation of contracts in certain instances involving conflicts of interest.
5.28. Notices and Filings. All notices, filings, consents, approvals and other communications
provided for in or given in connection with this Agreement shall be validly given, filed, made,
transmitted or served if in writing and delivered personally, sent via overnight national courier,
or sent by registered or certified United States mail, postage prepaid, if to (or to such other
addresses as any Party may from time to time designate in writing and deliver in a like manner):
To the Town: Town Manager
Town of Marana
Marana Municipal Complex
11555 West Civic Center Drive, A3
Marana, Arizona 85653
To the Health Center: Clarence G. Vatne, Executive Director
MARANA HEALTH CENTER, INC.
13644 North Sandario Road
Marana, Arizona 85653
[Remainder of page intentionally left blank.]
{00008112.DOC / 3} 5/28/2008 5:53 PM
MARANA HEALTH CENTER DEVELOPMENT AGREEMENT
- 8 -
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
TowN:
THE TOWN OF MARANA,
an Arizona municipal corporation
HEALTH CENTER:
MARANA HEALTH CENTER, INC.,
an Arizona non-profit corporation
By:
Ed Honea, Mayor
Date:
ATTEST:
Jocelyn C. Bronson, Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
STATE OF ARIZONA
ss
County of Pima )
By:
Clarence G. Vatne, Executive Director
Date:
The foregoing instrument was acknowledged before me on , 2008
by Clarence G. Vatne, Executive Director of MARANA HEALTH CENTER, INC., an Arizona non-
profit corporation, on behalf of the corporation.
My commission expires:
Notary Public
{00008112.DOC / 3} 5/28/2008 5:53 PM
MARANA HEALTH CENTER DEVELOPMENT AGREEMENT
-9-
LIST OF EXHIBITS
A. Legal description of the Property
B. Conceptual description of the master site plan for the Medical Campus
{00008112.DOC / 3} 12/18/2007 8:47 PM
MARANA SPECTRUM DEVELOPMENT AGREEMENT
EXHIBIT A
-10-
ExxisiT A
Legal description of the Property
(00008112.DOC / 3} 12/18/2007 8:47 PM
MARANA SPECTRUM DEVELOPMENT AGREEMENT
EXHIBIT A
ExxisiT B
Conceptual description of the master site plan for the Medical Campus
{00008112.DOC / 3} 12/18/20078:47PM
MARANA SPECTRUM DEVELOPMENT AGREEMENT
EXHIBIT B
~pWN OF
TOWN COUNCIL
MEETING TOWN OF MARANA q M'AR ;
INFORMATION °'~
gRiZONp
MEETING DATE: June 3, 2008 AGENDA ITEM: I. 1
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2008-70: Relating to Real Estate; authorizing the
sale by public oral auction of a 0.0286 acre portion of the public
drainageway located south of Lot 17 of the Continental Ranch
Parce150 subdivision.
DISCUSSION
Becky Ballard Enderle submitted an application to the Town to purchase a 0.0286 acre parcel of
property which is currently in a portion of the drainageway south of Lot 17 of the Continental
Ranch Parcel 50 subdivision and immediately adjacent to and north of her property-Lot 15 of
Sombrero Peak Estates subdivision. Ms. Enderle's spa and wall currently encroach into the pub-
lic drainageway. This action would allow the encroachment area to be sold at public auction.
The Mayor and Council have the authority to sell real property valued at less than $500,000 after
publishing and posting an invitation for bids pursuant to ARS § 9-402. Town staff recommends
the sale of the 0.0286 acre portion of the drainageway, which is not needed for drainage or other
purpose.
If this item is approved, Town staff will satisfy statutory requirements and hold a public oral auc-
tion for the sale of the 0.0286 acre parcel on July 14, 2008 at 9:00 a.m. outside the north (public)
entrance to the Marana Municipal Court. Based on the estimated value of the property and the
applicant's costs, Town staff proposes a minimum bid of $2,800.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2008-70, approving and authorizing the sale by
public oral auction of a 0.0286 acre parcel of Town property.
ATTACHMENT(S)
Resolution Exhibit "A"- Legal Description of sale parcel
SUGGESTED MOTION
I move to adopt Resolution No. 2008-70.
{00009339.DOC /} 5/20/2008 2:17 PM FJC
MARANA RESOLUTION N0.2008-70
RELATING TO REAL ESTATE; AUTHORIZING THE SALE BY PUBLIC ORAL
AUCTION OF A 0.0286 ACRE PORTION OF THE PUBLIC DRAINAGEWAY
LOCATED SOUTH OF LOT 17 OF THE CONTINENTAL RANCH PARCEL 50
SUBDIVISION
WHEREAS Becky Ballard Enderle submitted an application to the Town to purchase a
0.0286 acre parcel of property, which is currently a portion of the drainage way south of Lot 17
of the Continental Ranch Parcel 50 subdivision (Book 42 Page 54 of Maps & Plats) and
immediately adjacent to and north of her property-Lot 15 of Sombrero Peak Estates subdivision
(Book 45, Page 47 of Maps & Plats); and
WHEREAS Ms. Enderle's spa and wall currently encroach into the public drainageway;
and
WHEREAS this action will allow the encroachment area to be sold at public auction; and
WHEREAS the Mayor and Council have the authority pursuant to ARS § 9-402 to sell
Town-owned real property valued at less than $500,000 after publishing and posting an invitation
for bids; and
WHEREAS the 0.0286 acre portion of the drainageway being sold is not needed for
drainage or other purposes; and
WHEREAS the Mayor and Council find that the sale of the parcel is in the public
interest.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
Section 1. Town staff is hereby authorized and ordered to sell at public oral auction a
0.0286 acre parcel of property, which is currently a portion of the drainage way south of Lot 17
of the Continental Ranch Parcel 50 subdivision (Book 42 Page 54 of Maps & Plats) and
immediately adjacent to and north of Lot 15 of Sombrero Peak Estates subdivision (Book 45,
Page 47 of Maps & Plats).
Section 2. The minimum bid shall be set at $2,800.
Section 3. Town staff shall sell the property to the highest bidder at a public oral auction
to be held outside the north (public) entrance to the Marana Municipal Court after publication
and posting of statutory invitation for bids.
Section 4. Town staff is hereby directed and authorized to undertake all further tasks
required or beneficial to carry out the terms, obligations, and objectives of this resolution.
Passed and adopted by the Mayor and Council of the Town of Marana, Arizona, this 3rd
day of June, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
EXHIBIT A Revised March 29, 2006
February 6,2006
WLB No. 106008-A-001
T ~ W:ILEGALS\1060081LF.ASE PARCEL.DOC
~~~~.
LEGAL DESCRIPTION
LICENSE AGREEMENT FOR LAND
ADJACENT TO LOT 7 S OF
SOM6RER0 PEAK E3TATE3
That certain parcet of land lying within a public drainageway shown on the plat of CONTINENTAL
RANCH PARCEL 50, recorded in Book 42 of Maps and Plats, a# Page 54 thereof, and lying
adjacent to Lot 15 of SOMBRERO PEAK ESTATES, recorded in Book 45 of Maps and Plats; at
Page 47 thereof, more parEicularly described as follows:
BEGINNING a# the northwest comer of said Lot 15:
THENCE N 89° 36' 38° E, along the north lime of said Lot 15, a distance of 62.00 feet to_the„TRUE
POINT OF BEGINNING;
THENCE N 67° 37' 16" E, a distance of 74.00 feet;
THENCE 538° 02' S2~ E, a distance of 35.00 feet to a point on the north tine of said Lat 15;
THENCE S 88° 36' 38° W, atong said north line, a distance of 90.00 feet the TRUE POINT OF
BEGINNING.
Prepared sy:
THE WLB GROUP, INC.
Jack A. Buchanan
JAB: jb
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TOWN COUNCIL
MEETING TOWN OF MARANA v R A ~
INFORMATION
gRIZUNN
MEETING DATE: June 3, 2008 AGENDA ITEM: I.2
TO: MAYOR AND COUNCIL
FROM: Kevin Kish, AICP, Planning. Director
SUBJECT: Resolution No. 2008-71: Relating to Development; approving and
authorizing a fmal plat for Villagio.
DISCUSSION
Request
The request is for final plat approval of a 3-lot commercial subdivision with Blocks "A" (natural
undisturbed open space) and "B" (Northwest Fire District Station) on 18.19 acres. The final plat
will allow for individual ownership of the proposed buildings or pads and to allocate a portion of
the natural undisturbed open space area for possible public or quasi-public use (Northwest Fire
District Station) with a maximum total site disturbance of 3.5 acres.
History
This site is located within the Tangerine/Thornydale Specific Plan which was approved by the
Town Council on July 5, 2006, by Ordinance 2006.20. An Amendment to the
Tangerine/Thornydale Specific Plan was approved by the Town Council on October 2, 2007, by
Ordinance No. 2007.24.
Location
The site is located at the northwest corner of Tangerine Road and Thornydale Road.
Zonin
The Tangerine/Thornydale Specific Plan has three land use designations: residential,
commercial and natural undisturbed open space. Land use designations within the 18.19 acres
are natural undisturbed open space (NUOS) and commercial (C). Block B is 3.5 acres and
represents the maximum area capable of being utilized as a fire station or other quasi-public use.
Transportation and Access
This project will be served by two driveways from Tangerine Road and two from Thornydale
Road.
Development Plan
The development plan for the commercial center has been conditionally approved. The plan
proposes a mix of retail and office use and includes a convenience store with fuel station, two
restaurants, a bank, retail shops and office space.
ATTACHMENTS
Application, location map, and reduced final plat, and commercial center development plan.
RECOMMENDATION
Staff has reviewed the application for compliance with the Tangerine/Thornydale Specific Plan,
the Amendment to the Tangerine/Thornydale Specific Plan, and the Development Agreement
recorded by Ordinance No. 2006.102. This final plat is in conformance with all required
development regulations and conditions of zoning. Staff recommends approval of a final plat for
Villagio.
SUGGESTED MOTION
I move to approve Resolution No. 2008-71.
-2-
MARANA RESOLUTION N0.2008-71
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL
PLAT FOR VILLAGIO.
WHEREAS, the Tangerine/Thornydale Specific Plan was approved by the Town
Council on July 5, 2006, as Ordinance No. 2006.20; and
WHEREAS, an Amendment to the Tangerine/Thornydale Specific Plan was approved
by the Town Council on October 2, 2007, as Ordinance No. 2007.24; and
WHEREAS, the Tangerine/Thornydale Development Agreement was approved by the
Town Council on July 11, 2006, as Ordinance No. 2006.102; and
WHEREAS, the developer, Old Lobos Villagio, L.L.C., has applied for approval of the
Villagio final plat located within the Tangerine/Thornydale Specific Plan; and
WHEREAS, the Villagio final plat will consist of three lots for a retail and office center,
and Blocks "A" and "B", on 18.19 acres located at the northwest corner of Tangerine Road and
Thornydale Road, within a portion of Section 31, Township 11 South, Range 13 East; and
WHEREAS, the Town Council, at their regular meeting on June 3, 2008, has determined
that the Villagio final plat should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Villagio final plat Lots 1-3 and Common Area "A" and "B"is
hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 3rd day of June, 2008.
ATTEST:
Jocelyn C. Bronson
Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2008-71
~~~~
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~~~
TdWN dF MAI2ANA
The final plat, application and location map for Villagio is
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.
~~WN `?F
TOWN COUNCIL ~~~'~~'r-.
MEETING TOWN OF MARANA q MAR NA ~
INFORMATION qR~~~N'
MEETING DATE: June 3, 2008 AGENDA ITEM: I.3
TO: MAYOR AND COUNCIL
FROM: Keitli Brann, P.E., Town Engineer
SUBJECT: Resolution No. 2008-72: Relating to Development; approving the
release of a Private Improvement Agreement for Silverbell Office
Retail, and acceptance of public improvements for maintenance.
DISCUSSION
Approval of this resolution will release the Private Improvement Agreement between CJR
Investments LLC, an Arizona Corporation, and the Town of Marana regarding Silverbell Office
Retail as depicted on Exhibit A.
In releasing said Private Improvement Agreement, the Town of Marana will accept for
maintenance, including regulatory traffic control signs, approximately 135 linear feet of curb and
gutter, 565 square feet of sidewalk including appurtenances and 550 square feet of asphaltic
concrete which were constructed as part of the Silverbell Office Retail project as depicted on
Exhibit A.
The Town will accept for maintenance, 155 linear feet of 8 inch potable water line, 301inear feet
of 6 inch potable water line, including appurtenances, valves, water meters and fire hydrants for
the above referenced project with a value of $111,656.00.
ATTACHMENTS
• Exhibit A -Map of project to be accepted
RECOMMENDATION
Staff recommends release of the Private Improvement Agreement for Silverbell Office Retail and
acceptance of the public improvements for maintenance.
SUGGESTED MOTION
I move to approve Resolution No. 2008-72.
Silverbell Office Retail Full Release
MARANA RESOLUTION N0.2008-72
RELATING TO DEVELOPMENT; APPROVING THE RELEASE OF A PRIVATE
IMPROVEMENT AGREEMENT FOR SILVERBELL OFFICE RETAIL, AND ACCEPTANCE
OF PUBLIC IMPROVEMENTS FOR MAINTENANCE.
WHEREAS, CRJ Investments, LLC, has completed the public improvements acceptable
to Town standards in accordance with the Private Improvement Agreement for Silverbell Office
Retail DPR0602-001.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. The Town accepts for maintenance, including maintenance of regulatory traffic
control, approximately 135 linear feet of curb and gutter, 565 square feet of sidewalk including
appurtenances and 550 square feet of asphaltic concrete which were constructed as part of the
Silverbell Office Retail project as depicted on Exhibit A.
Section 2. The Town accepts for maintenance, 155 linear feet of 8 inch potable water line, 30
linear feet of 6 inch potable water line, including appurtenances, valves, water meters and fire
hydrants for the above referenced project with a value of $111,656.00.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 3rd day of June, 2008.
Mayor Ed Honea.
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
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TOWN COUNCIL ~-
MEETING TOWN OF MARANA 9 ~MAUarvn ;
INFORMATION
gR1ZOl+~'
MEETING DATE: June 3, 2008 AGENDA ITEM: I.4
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., Town Engineer
SUBJECT: Resolution No. 2008-73: Relating to Development; approving the
release of Assurance and Private Improvement Agreements for
Canyon Pass IV-B Phase I, and acceptance of public
improvements for maintenance.
DISCUSSION
This resolution will release the Assurance and the Private Improvement Agreements between
Cottonwood Properties, Inc., and the Town of Marana, regarding Canyon Pass IV-B Phase I as
depicted on Exhibit A. Canyon Pass IV-B Phase I is comprised of lots 228, 229 256 through 268,
270 through 275 and Common Area `A'.
In releasing said Assurance and Private Improvement Agreements the Town of Marana will
accept for maintenance, including regulatory traffic control signs and street signs, approximately
0.3 miles of the following paved streets:
• Heritage Club Boulevard
ATTACHMENTS
• Exhibit A -Map of streets to be accepted
RECOMMENDATION
Staff recommends that Council accept the public improvements for maintenance.
SUGGESTED MOTION
I move to approve Resolution No. 2008-73.
Canyon Pass IV B Phase 1
MARANA RESOLUTION N0.2008-73
RELATING TO DEVELOPMENT; APPROVING THE RELEASE OF ASSURANCE AND
PRIVATE IMPROVEMENT AGREEMENTS FOR CANYON PASS IV-B PHASE I, AND
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE.
WHEREAS, The Canyon Pass IV B Phase I is a 10.37 acre subdivision located east of
Dove Mountain Boulevard and north of Moore Road, containing lots 228, 229, 256 through 258
and 270 through 275, and Common Area `A', and is recorded at the Pima County Recorder's
Office in Book 59 of Maps and Plats, Page 6; and
WHEREAS, Cottonwood Properties has completed the public improvements acceptable
to Town standards in accordance with the Assurance Agreement and the Private Improvement
Agreeement for Canyon Pass IV - B Phase L
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana that the Town accepts for maintenance, including maintenance of regulatory traffic
control and street signs, for maintenance, approximately 0.3 miles of the following paved streets
shown on Exhibit A as Heritage Club Boulevard.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 3rd day of June, 2008.
Mayor Ed Honea.
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
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~pW N OF
TOWN COUNCIL
MEETING TOWN OF MARANA "" `"" " '
9 M RAN ~
INFORMATION ~°
gRIZONP
MEETING DATE: June 3, 2008 AGENDA ITEM: I.5
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., Town Engineer
SUBJECT: Resolution No. 2008-74: Relating to Development; approving a
release of assurance for Gladden Farms Block 19 and acceptance
of public improvements for maintenance.
DISCUSSION
This resolution will release the Assurance between Standard Pacific of Tucson, Inc., Title
Security Agency of Arizona and the Town of Marana, regarding Gladden Farms Block 19 as
depicted on Exhibit A. Gladden Farms Block 19 subdivision is comprised of lots 1 through 46
and Common Areas `A' , `B' and `C'.
In releasing said Assurance, the Town of Marana will accept for maintenance, including
regulatory traffic control signs and street signs, approximately 0.45 miles of the following paved
streets:
• Beachfield Drive
• Fernsbury Drive
• Willow Den Drive
• Starthroat Drive
• Sandby Green Place
• Treadway Drive
ATTACHMENTS
• Exhibit A -Map of streets to be accepted
RECOMMENDATION
Staff recommends release of the Assurance for Gladden Farms Block 19 and acceptance of the
public improvements for maintenance.
SUGGESTED MOTION
I move to approve Resolution No. 2008-74.
Gladden Farms Block 19 Lots 1-46 Full Release
MARANA RESOLUTION N0.2008-74
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCE FOR
GLADDEN FARMS BLOCK 19 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR
MAINTENANCE.
WHEREAS, Gladden Farms Block 19 is a 15.28 acre subdivision located north of
Tangerine Farms Road, and west of Lon Adams Road, containing lots 1-46, and common areas
`A', `B', and `C', and is recorded at the Pima County Recorder's Office in Book 61 of Maps and
Plats, Page 28; and
WHEREAS, the Town has an Assurance for the completion of public improvements; and
WHEREAS, Standard Pacific of Tucson, Inc., has completed the public improvements
acceptable to Town standards in accordance with the Assurance Agreement for Gladden Farms
Block 19.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Section 1. The Gladden Farms Block 19 is hereby released from the Assurance Agreement with
Standard Pacific of Tucson, Inc., under Trust 988.
Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control
and street signs, approximately 0.45 miles of the following paved streets as shown on Exhibit A:
• Beachfield Drive
• Fernsbury Drive
• Willow Den Drive
• Starthroat Drive
• Sandby Green Place
• Treadway Drive
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 3rd day of June, 2008.
Mayor Ed Honea.
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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SOWN OF
TOWN COUNCIL
MEETING TOWN OF MARANA 9 MAR NA ~
INFORMATION ~R~ZONP
MEETING DATE: June 3, 2008 AGENDA ITEM: I.6
TO: MAYOR AND COUNCIL
FROM: Cedric Hay, Senior Assistant Town Attorney
SUBJECT: Ordinance No. 2008.12: Relating to Development Services; estab-
lishing afee schedule for services offered by the Development Ser-
vices Administration Records Center; and establishing an effective
date.
DISCUSSION
The Development Services Administration Records Center (DSC) opened its doors in October
2007. Since that time the DSC has maintained and provided access to many of the Town's
documents, plans and records. Now that the DSC has a better grasp of just what services it will
offer, it will be necessary to establish a fee schedule for these services. Tim Mattix, Manager of
the DSC Administration Records Center, researched comparable services in other municipalities
and created a fee schedule, attached to the Ordinance as Exhibit A, which will not be too unduly
burdensome on DSC's customers while properly supporting its continued operation.
This ordinance will have the effect of adopting this fee schedule while also repealing any exist-
ing fees which might be inconsistent with what is proposed.
ATTACHMENT
Development Services Records Center Fee Schedule.
RECOMMENDATION
Staff recommends approval of the fee schedule created for the DSC.
SUGGESTED MOTION
I move to adopt Ordinance No. 2008.12.
{0ooo93ss.DOC /} 5/22/2008 1:47 PM CIH
MARANA ORDINANCE N0.2008.12
RELATING TO DEVELOPMENT SERVICES; ESTABLISHING A FEE SCHEDULE FOR
SERVICES OFFERED BY THE DEVELOPMENT SERVICES ADMINISTRATION
RECORDS CENTER; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS the Town of Marana desires to establish a comprehensive fee schedule for
the Development Services Administration Records Center (DSC); and
WHEREAS modifications and additions to the fee schedule are necessary to fully recover
the costs of the services provided by DSC; and
WHEREAS the Mayor and Council find that the fee schedule established by this ordi-
nance is in the best interests of the Town and its citizens and customers.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The fee schedule attached to this ordinance as Exhibit "A" is hereby
adopted and incorporated herein by this reference.
SECTION 2. The adoption of this ordinance shall have the effect of repealing those por-
tions of all previous ordinances, resolutions, or motions that adopt fees that are in conflict with
the fees set forth in Exhibit A.
SECTION 3. This ordinance shall become effective on the 3rd day of July, 2008.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3rd day of JUNE, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00009387.DOC /} - 1 - 5/22/2008 2:55 PM CIH
r_-~'"="
~~~~
DEVELOPMENT SERVICES ADMINISTRATION -RECORDS CENTER
RECORDS CENTER FEE SCHEDULE
A. Co ies
1.8.5" X 11 ", er sheet $0.25
2. 8.5" X 14", er sheet $0.25*
3. 11" X 17", er sheet $0.25*
4. 18" X 24"
a. Black and White/Gra scale, er sheet $1.00
b. Color, er sheet $1.50
5. 24" X 36"
a. Black and White/Gra scale, er sheet $1.00
b. Color, er sheet $1.50
6. Lar er than 24" X 36"
a. Black and White/Grayscale, er sheet $1.50
b. Color, er sheet $2.00
B. Document Conversion Fee, er submittal $4.00
C. Files Sent Out For Co in Scannin Actual cost to the Town.
D. Shi in ailin Fees ~ Actual cost to the Town.
*Note: additional fees apply for copies related to public records requests; see the Town Clerk's
fee schedule for applicable charges.
{00009383.DOC / 2}
SOWN OF
TOWN COUNCIL ~r
MEETING TOWN OF MARANA 9 Ma,HANn ;
INFORMATION
gRIZONP
MEETING DATE: June 3, 2008 AGENDA ITEM: I.7
TO: MAYOR AND COUNCIL
FROM: Richard Vidaurri, Chief of Police
SUBJECT: Resolution No. 2008-75: Relating to the Police Department;
authorizing application for undercover vehicle registrations
DISCUSSION
The Town of Marana owns 17 vehicles assigned to the Police Department that require
undercover license plates. Renewal of undercover plates is an annual requirement of the Arizona
Department of Transportation. There is no cost to the Town for licensing these undercover
plates.
RECOMMENDATION
Staff recommends renewal of the undercover license plates for the designated police vehicles.
SUGGESTED MOTION
I move to approve Resolution No. 2008-75.
MARANA RESOLUTION N0.2008-75
RELATING TO THE POLICE DEPARTMENT; AUTHORIZING APPLICATION FOR
UNDERCOVER VEHICLE REGISTRATIONS
WHEREAS, A.R.S. 28-2511 requires motor vehicles owned or leased by a
political subdivision of the state to bear the designation of the name of the political
subdivision and the department or agency thereof in a visible manner, and A.R.S. 28-
2511(B) and (C) authorizes certain one-year exemptions from said marking requirements
to be made by the governing body of a political subdivision for vehicles to be used for the
conduct of rehabilitation or social service programs, felony investigations, or activities of
a confidential nature; and
WHEREAS, application is hereby made with respect to the motor vehicles used
for said purposes by the Marana Police Department for exemptions from the provisions
of A.R.S. 28-2511; and
WHEREAS, the Mayor and Council find that it is in the best interests of the
citizens of Marana to grant applications for the exemption from marking requirements.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Pima County, Arizona, as follows:
1. Pursuant to A.R.S. 28-2511(B) and (C), applications for exemptions from
official identification of motor vehicles now assigned for use by the
Marana Police Department for use in the conduct of rehabilitation or
social service programs, felony investigations, or activities of a
confidential nature, hereby are approved. Since the identification of these
vehicles is confidential, and such confidentiality is necessary for the
public safety, a list of the vehicles contained under this exception is to be
retained confidentially by the Town Clerk.
2. The effective date of the exemption of the aforementioned motor vehicles
shall be from July 1, 2008 to June 30, 2009.
3. Various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect this resolution.
Marana Resolution No. 2008-75
PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana,
Pima County, Arizona, this 3rd day of June, 2008.
Mayor ED HONEA
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2008-75 2
`OWN OF
TOWN COUNCIL
MEETING TOWN OF MARANA "~~'~~~°~ '
v . ARANA ~
INFORMATION -
gR1ZON~'
MEETING DATE: June 3, 2008 AGENDA ITEM: I.8
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., CFM, Town Engineer
SUBJECT: Resolution No. 2008-76: Relating to Public Works; approving
and authorizing an intergovernmental agreement between the
Regional Transportation Authority, the Pima County Department
of Transportation, and the Town of Marana for the development
and implementation of a coordinated traffic signal corridor along
West Ina Road between Oracle Road and Silverbell Road (the Ina
Road Corridor Regional Traffic Signal Timing Project).
DISCUSSION
The Regional Transportation Authority (RTA), the Pima County Department of Transportation
(PCDOT), and the Town of Marana (TOM) are authorized by state statute to work together on
multi-modal transportation operations and improvement projects identified in the Regional
Transportation Plan (the Plan). The Town is committed to the development and implementation
of a coordinated traffic signal corridor along West Ina Road between Oracle Road and Silverbell
Road, otherwise referred to as the Ina Road Corridor Regional Traffic Signal Timing Project (the
Project). The RTA, the Town, and the PCDOT wish to cooperate in the development and
implementation of coordinated traffic signals on West Ina Road (the Project). The Project is one
of the transportation projects included in the Plan or is eligible for funding as part of a
categorical program included in the Plan.
The attached intergovernmental agreement establishes the RTA's commitment to a financial
contribution in the amount of $225,000, to be used towards the cost of the Project, and PCDOT's
role as the Lead Agency, responsible for all aspects of the Project's implementation including,
but not limited to, planning, project management, data collection, analysis, risk management,
design, advertisement, award, execution and administration of the design, construction, and
implementation contracts for the Project. Upon its completion, title to the Project improvements
developed, implemented, and/or installed as a result of the agreement shall vest in both the Town
and Pima County and the Town and Pima County shall be responsible for the continued
operation and maintenance of the improvements within their respective rights-of--way.
ATTACHMENT
Intergovernmental agreement with the RTA and PCDOT.
RTA PCDOT TOMIGA Bluesheet-Ina Road Corridor Regional Traffic Signal Timing 6/3/2008
RECOMMENDATION
Staff recommends adoption of Resolution No. 2008-76, approving and authorizing the execution
of the intergovernmental agreement with the Regional Transportation Authority to provide
funding for the Ina Road Corridor Regional Traffic Signal Timing Project and with the Pima
County Department of Transportation to act as the Lead Agency.
SUGGESTED MOTION
I move to approve Resolution 2008-76.
-2-
MARANA RESOLUTION N0.2008-76
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING AN INTERGOVERN-
MENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY,
THE PIMA COUNTY DEPARTMENT OF TRANSPORTATION, AND THE TOWN OF MA-
RANAFOR THE DEVELOPMENT AND IMPLEMENTATION OF A COORDINATED TRAF-
FIC SIGNAL CORRIDOR ALONG WEST INA ROAD BETWEEN ORACLE ROAD AND
SILVERBELL ROAD (THE INA ROAD CORRIDOR REGIONAL TRAFFIC SIGNAL TIMING
PROJECT).
WHEREAS A.R.S.§ 48-5301, et seq., authorizes the Regional Transportation Authority to
act as a regional taxing authority for the purpose of funding multi-modal transportation operations
and improvements identified in the Regional Transportation Plan approved on May 16, 2006; and
WHEREAS the Authority is authorized byA.R.S. §§ 48-5304 (16) and 48-5308 to administer
and distribute the regional transportation funds to the members of the Authority and to sell bonds in
furtherance of that purpose to fund those projects or programs identified in the Plan; and
WHEREAS the Authority, the Town of Marana, and the Pima County Department ofTrans-
portationwish to cooperate in the development and implementation of coordinated traffic signals on
West Ina Road; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of
the Authority, the Town, and Pima County to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana, the
Pima County Department of Transportation, and the Pima County Regional Transportation Authority
attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and
the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staffare hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the intergovernmental agreement.
PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
3rd day of June, 2008.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
RTA PCDOT TOM IGA Resolution-Ina Road Corridor Regional Tragic Signal Timing
INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT
BETWEEN
THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY
AND
PIMA COUNTY
AND
THE TOWN OF MARANA
FOR
THE REGIONAL COORDINATION OF
TRAFFIC SIGNALS ON WEST INA ROAD
This Agreement (hereinafter "the Agreement") is entered into by and between the Regional
Transportation Authority of Pima County ("RTA" or "the Authority"), a special taxing district formed
pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), Pima County, a body politic
and corporate of the State of Arizona ("the Lead Agency"), and the Town of Marana, an Arizona
municipal corporation ("the Town") pursuant to A.R.S. § 11-952.
RECITALS
A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the
purpose of funding multi-modal transportation operations and improvements identified in the
Regional Transportation Plan ("the Plan") approved by the voters at the special election held in
Pima County, Arizona, on May 16, 2006.
B. The governing board of the Authority is composed of representatives of each member of the
regional council of governments in accordance with A.R.S. § 48-5303.
C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to
implement the elements of the Plan.
D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the
implementation of the Plan among the local jurisdictions.
E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-
5307 to be the repository for those funds collected for the purpose of funding the transportation
projects identified in the Plan.
F. The Authority is authorized by A.R.S. § 48-5308 to distribute the regional transportation funds to
the members of the Authority and to sell bonds in furtherance of that purpose to fund those
projects or programs identified in the Plan.
G. The Lead Agency is authorized by A.R.S. § 11-251 (4) to design, maintain, control and manage
public roads within the Lead Agency's jurisdictional boundaries.
H. The Lead Agency may contract with one or more jurisdictions empowering the Lead Agency to
perform roadway and other improvements for other jurisdictions within the Lead Agency's
jurisdictional boundaries.
I. The Lead Agency, the Town and the Authority wish to cooperate in the development and
implementation of coordinated traffic signals on West Ina Road ("The Project").
J. The Project is one of the transportation projects included in the Plan or is eligible for funding as
part of a categorical program included in the Plan.
K. The Authority intends to fund the Project under the terms and conditions contained in this
Agreement and has entered into this Agreement for that purpose. The funding allocated for the
Project by the Authority is currently estimated to be sufficient to cover the full costs of the
Project.
L. It is the policy of the Authority to require that a Lead Agency be identified and an
intergovernmental agreement (IGA) be approved and entered into by the Authority and the Lead
Agency before requests for funding reimbursement or payment can be processed by the
Authority.
M. Pima County has been identified as the Lead Agency for the Project and will be responsible for
all aspects of project implementation including, but not limited to, planning, project
management, data collection, analysis, risk management, design, advertisement, award,
execution and administration of the design, construction, and implementation contracts for the
Project.
N. The Authority's Administrative Code will control all payments and other procedures unless
otherwise specified herein.
O. The Authority, the Lead Agency and the Partner may contract for services and enter into
agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-952, et seq.
NOW, THEREFORE, the Lead Agency, the Town and the Authority, pursuant to the above and
in consideration of the matters and things set forth herein, do mutually agree as follows:
2
AGREEMENT
1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the
design, construction, maintenance and operation of the Project and to address the legal and
administrative matters among the parties.
2. Project. The Project consists of the collection of data, engineering analysis, plan development and
implementation and monitoring of coordinated timing plans for traffic signals on West Ina Road, as
more fully depicted in the attached Exhibit A, including the following:
a) Detailed project scope and schedule.
b) Project budget and cost breakdown of items eligible for reimbursement by the Authority
including any proposed billing of staff time directly attributable to Project.
c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional,
local, federal or state funding available.
d) Designation of Project phases if applicable and any additional related agreements.
e) Estimated implementation start date and duration of implementation.
f) Projected cost reimbursement timeline.
g) Identification of the Lead Agency's duly authorized representative for signing and submitting
payment requests.
3. Effective Date; Term. This Agreement shall be effective upon filing a fully executed original with
the office of the Pima County Recorder and shall continue in effect until all elements of the Project
pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are
concluded and all warranties applicable to the Project have expired.
4. Responsibilities of the Lead Agency.
a. The Lead Agency shall be responsible for the design, construction and/or implementation of
the Project in accordance with this Agreement and all applicable public roadway, traffic
signal, and street lighting design and construction standards. Design Standards are federal,
state, county or municipal standards for engineering, traffic, safety or public works facilities
design. Examples of Design Standards include the American Association of State Highway
and Transportation Officials and Federal Highway Administration standards for highway
engineering and construction, the Pima County/City of Tucson Standard Specifications for
Public Improvements, the Pima County Roadway Design Manual, October 2002 revision, the
Pima County Department of Transportation /City of Tucson Department of Transportation
Pavement Marking Design Manual, Pima County Traffic Signal Design Manual, January
2008 revision, and Pima County and municipal design guidelines for roadway lane widths
and level of drainage protection.
b. If consultants or contractors are employed to perform any portion of the Project, the Lead
Agency shall be responsible for the contracts for design and construction of the Project and
shall select the consultants and contractors to be used on the Project. The Lead Agency shall
immediately provide to the Authority copies of any and all contract documents and related
materials upon request by the Authority. The Lead Agency shall retain the usual rights of the
owner of a public contract including the authority to approve changes and make payments.
However, any changes to the Project which would result in the final project cost deviating,
by ten or more percent, from the Authority's budget amount for the Project, must be
3
approved by the Authority in advance of those changes being made, regardless of the fact
that the Authority will not be paying for them.
c. The Lead Agency shall be responsible for any necessary traffic management, including
public notification, in the event that performance of the Lead Agency's responsibilities
requires the Lead Agency's contractor to work within a public right of way owned and
controlled by the Lead Agency or the Town.
d. The final cost of the Project shall be that amount necessary to complete the Project including
any unanticipated work incorporated into the Project by change orders and amendments
executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in
excess of the RTA funds contributed to the Project.
e. The Lead Agency shall exercise its power of eminent domain if necessary, to acquire
property needed for the Project.
f. The Lead Agency will be responsible for assuming all risks associated with the Project
except those that are assigned to another agency or jurisdiction that has agreed to that
assumption.
g. The Lead Agency shall require its contractors performing any portion of the Project to name
the Authority and the Town as additional insureds and additional indemnitees in all of the
Lead Agency's contracts for the Project. Specifically, the RTA and the Town shall be
identified as an additional insured_with respect to insurance policies for general liability,
automobile liability and defects in design. The Lead Agency shall also require its contractors
to name the Authority and the Town as additional beneficiaries in any performance and
payment related assurances posted for the Project.
h. The Lead Agency shall be responsible for preparing and submitting to the Authority, within
the first week of each month or as otherwise specified herein, invoices for payment signed by
a duly authorized representative of the Lead Agency and which include sufficient
background information documenting payments made to contractors, vendors or any other
eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead
Agency must retain and certify all vendor receipts, invoices and any related Project records
as needed and ensure that they are available for review for a minimum of five (5) years after
final payment is made unless otherwise specified herein.
i. The Lead Agency shall be responsible for submitting a status report describing its progress
and adherence to the Project scope, schedule and budget with each request for payment.
5. Responsibilities of Authority.
a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead Agency
RTA funds in the amount specified in Exhibit A on a reimbursement basis unless otherwise
specified herein. All payments and reimbursements shall follow the policies outlined in the
RTA's Administrative Code.
4
b. Reimbursements will generally be based on the Project schedules established by the Lead
Agency and contained in Exhibit A.
c. The RTA staff will review all payment requests to confirm that the request is for
reimbursement of costs incurred by the Lead Agency for the Project. If the Authority
determines that additional information is needed, the Lead Agency will be notified of the
request for additional information within five days of the receipt of the invoice by RTA.
d. Upon approval of the request by RTA, the invoice will be processed for payment within ten
working days of the invoice submittal.
e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all
payment requests from the Lead Agency.
6. Responsibilities of Town.
a. Town shall grant right-of--way access to Lead Agency's consultants and contractors for the
purpose of data collection, studies and plan implantation for the duration of the Project.
b. Town shall commit to participation and implementation of coordinated traffic signals for a
period of no less than 2 years following completion of the Project by Lead Agency.
7. Termination. Any party to this Agreement may terminate this Agreement for material breach of the
Agreement by any other party. Prior to any termination under this paragraph, the party alleging the
default shall give written notice to the other parties of the alleged default. The party alleged to be in
default shall have forty-five days to cure the default and provide written notice to the other parties of the
cure. If the default is not cured to the satisfaction of the other parties within the forty-five days, this
Agreement shall be deemed terminated. Any such termination shall not relieve any party from liabilities
or costs already incurred under this Agreement.
8. Non-assignment. No party to this Agreement shall assign its rights under this Agreement to any
other party without first acquiring written permission from the other parties to this Agreement of such
assignment.
9. Construction of Agreement.
a. Entire agreement. This instrument constitutes the entire agreement between the parties
pertaining to the subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. Any exhibits to
this Agreement are incorporated herein by this reference.
b. Amendment. This Agreement maybe modified, amended, altered or changed only by written
agreement signed by both parties.
c. Construction and interpretation. All provisions of this Agreement shall be construed to be
consistent with the intention of the parties as expressed in the recitals hereof.
5
d. Captions and headings. The headings used in this Agreement are for convenience only and
are not intended to affect the meaning of any provision of this Agreement.
e. Severability. In the event that any provision of this Agreement or the application thereof is
declared invalid or void by statute or judicial decision, such action shall have no effect on
other provisions and their application, which can be given effect without the invalid or void
provision or application, and to this extent the provisions of the Agreement are severable. In
the event that any provision of this Agreement is declared invalid or void, the parties agree to
meet promptly upon request of the other party in an attempt to reach an agreement on a
substitute provision.
f. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for
cancellation in certain circumstances involving conflict of interest.
10. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances
installed pursuant to this Agreement shall automatically vest in the jurisdiction in which it is located
upon completion of the Project.
11. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending
the legal jurisdiction of the Lead Agency, the Town or the Authority.
12. No Joint Venture It is not intended by this Agreement to, and nothing contained in this Agreement
shall be construed to, create any partnership, joint venture or employment relationship between the
parties or create any employer-employee relationship between any party and the employees of any other
party. Further, no party shall be liable for the debts, accounts, obligations or other liabilities of any other
party, including (without limitation) the a party's obligation to withhold Social Security and income
taxes for itself or any of its employees.
13. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create
duties or obligations to or rights in third parties not parties to this Agreement or effect the legal liability
of either party to the Agreement by imposing any standard of care different from the standard of care
imposed bylaw.
14. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws,
rules, regulations, standards and executive orders, without limitation to those designated within this
Agreement.
a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4
issued by the Governor of the State of Arizona are incorporated by this reference as a part of
this Agreement.
b. Americans with Disabilities Act. This Agreement is subject to 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.
c. Workers' Compensation. An employee of either party shall be deemed to bean "employee"
of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S.
§ 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be
6
solely liable for any worker's compensation benefits, which may accrue. Each party shall
post a notice pursuant to the provisions of A.R.S. § 23-906 in substantially the following
form:
All employees are hereby further notified that they may be required to work under
the jurisdiction or control or within the jurisdictional boundaries of another public
agency pursuant to an intergovernmental agreement or contract, and under such
circumstances they are deemed by the laws of Arizona to be employees of both
public agencies for the purposes of workers' compensation.
15. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained
shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the
same or any other term, covenant, or condition herein contained.
16. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its
obligations under this Agreement because it is prevented or delayed in doing so by reason of
uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement,
any cause beyond the control of the party affected, including but not limited to failure of facilities,
breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake,
lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott,
material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies
in approving or failing to act upon applications for approvals or permits which are not due to the
negligence or willful action of the parties, order of any government officer or court (excluding orders
promulgated by the parties themselves), and declared local, state or national emergency, which, by
exercise of due diligence and foresight, such party could not reasonably have been expected to avoid.
Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise
due diligence to remove such inability with all reasonable dispatch.
17. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless
other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as
follows:
The Authority:
Gary G. Hayes, Executive Director
Regional Transportation Authority
177 N. Church Ave. Suite 405
Tucson, AZ 85701
Pima County:
Priscilla Cornelio, Director
Pima County Dept. of
Transportation
201 N. Stone, 3rd Floor
Tucson, AZ 85701
Town of Marana
Keith Brann, Town
Engineer
11555 W. Civic Center Dr.
Bldg. A2
Marana, AZ 85653-7003
18. Remedies. Any party to this Agreement may pursue any remedies provided bylaw for the breach
of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each
shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue
of this Agreement.
19. Counterparts. This Agreement maybe executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument. The
signature pages from one or more counterpart maybe removed from such counterpart and attached to a
single instrument.
7
As indicated below, Pima County has caused this Agreement to be executed by the Chairman of the
Pima County Board of Supervisors upon resolution of the Board and attested to by the Clerk of the
Board, the Town of Marana has caused this Agreement to be executed by the Mayor of the Town upon
resolution of its Town Council, and the Authority has caused this Agreement to be executed by its
Chairman of the Board.
PIMA COUNTY:
Chairman, Board of Supervisors Date
ATTEST:
Lori Godoshian, Clerk of the Board Date
The foregoing Agreement between Pima County and the Authority and Town of Marana has been
approved as to content and is hereby recommended by the undersigned.
Priscilla Cornelio, P.E., Director Date
Pima County Dept. of Transportation
TOWN OF MARANA:
Ed Honea, Mayor Date
ATTEST:
Jocelyn Bronson, Town Clerk Date
8
REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY:
Paul H. Loomis, Board Chair Date
ATTEST:
Gary D. Hayes, Executive Director Date
ATTORNEY CERTIFICATION
The foregoing Agreement by and between the Regional Transportation Authority of Pima
County, the Town of Marana, and Pima County has been reviewed pursuant to A.R.S. § 11-952
by the undersigned who have determined that it is in proper form and is within the powers and
authority granted under the laws of the State of Arizona to each respective party to the
Agreement represented by each of the undersigned attorneys.
Regional Transportation Authority of Pima County:
Thomas Benavidez, Attorney for the Authority Date
Pima County
Deputy County Attorney
Town of Marana:
Date
Frank Cassidy, Attorney for Town of Marana Date
9
Exhibit A -Ina Road Corridor Regional Traffic Signal Timing Project
RTA Ballot Project Number: 40
TIP Project Number: 4RTICS
Project Name: Ina Road Corridor Regional Traffic Signal Timing Project
Project Type: Professional Services and Construction
Type of Work (Pre-design, Design, Right-of--way, Construction, other, etc.): Traffic data collection,
signal timing analysis and recommendations, installation of wireless communications devices at the road
intersections.
Project Manager for Status Reports: Tom Kelley, P.E., 1313 S Mission Road, Tucson, AZ 85713, (520)
740-2854
Authorized representative for signing and submitting payment requests: Tom Kelley, P.E., 1313 S
Mission Road, Tucson, AZ 85713, (520) 740-2854
Map of Project Limits and Municipal Boundaries: A list and map of the intersections to be analyzed are
included below.
Narrative description of scope of project, what improvements are included and intent of project
(problem and how project addresses same).
Ina Road from Silverbell Road to Oracle Road is a major traffic corridor serving the traveling public in
the NW region of Tucson. The corridor contains traffic signals owned and operated by three
jurisdictions: Pima County, Town of Marana, and ADOT. The project area includes the Interstate 10
interchange, and the Southern Pacific Railroad crossing on Ina Road. This project will provide valuable
traffic signal timing analysis along this corridor in order to improve traffic flow and safety.
The project consultant shall acquire current traffic flow data in the.field, then analyze the data and
provide recommendations for traffic signal timing. Once the respective agencies have implemented the
signal timing changes, traffic data will once again be gathered, and a report containing both pre- and
post-implementation data for each signalized intersection along the corridor, as well as travel times
along the length of the corridor will be submitted.
In addition, wireless communications devices shall be installed at the four signalized intersections on Ina
Road located in the Town of Marana. The installation of video cameras, with electronic hardware and
software necessary to bring the video images to the computer server located in the City/County Public
Works Building from all of the intersections within the project scope, will also be performed under this
agreement.
Total maximum amount of Authority funding allowed for the project or project component under this
agreement. $225,000.
10
Total project cost and breakdown of any other regional, local funding and federal and/or state funding, if
applicable, to meet that cost.
Detailed project budget and cost breakdown identifying total cost of eligible items sought for
reimbursement from the Authority, including any proposed billing of staff time directly attributable to
Project.
1. Consulting Services : $60,000
2. Construction (Installation of Wireless: Communications Devices): $142,500
3. Project Administration: $22,500
Identification of project phases or components not covered by this agreement and the need for future
agreements, if any, to cover those items.
Estimated construction start date and duration of construction.
Estimated Start Date: The construction project will begin in March, 2008.
Estimated Duration of Construction: It is estimated that the Traffic Engineering Consultant can complete
the study and prepare its report in 3 months, with all work being completed by December 1, 2008. The
following table is an estimate of the costs on a monthly basis.
Month Planning Design Construction Total
April, 2008 $6,500 $6,500
May, 2008 $10,000 $30,000 $40,000
June, 2008 $2,500 $20,000 $22,500
July, 2008 $50,000 $50,000
Aug, 2008 $50,000 $50,000
October, 2008 $36,000 $36,000
November, 2008 20,000 $20,000
Total: $12,500 $50,000 $162,500 $225,000
Project Schedule Start End
Initial Data Ac uisition A r, 2008 A r, 2008
Si al Timin Analysis usin S chro Ma , 2008 Jun, 2008
Installation of Wireless Communications Jun, 2008 Se , 2008
Field In ut of Si al Timing Parameters Jun, 2008 Jul, 2008
Post-Implementation Data Acquisition Oct, 2008 Nov, 2008
Re ort Pre aration and Submittal Nov, 2008 Dec, 2008
Project com letion Dec, 2008
11
Intersections to be included in this project are listed below (from west to east).
1
_ ___ _
__
Ina Road / Silverbell Road
_
'TOM
2 'Ina Road / I-10 Interchange (2 intersections, 1 controller) ; ADOT
3 Ina Road /Old Father Road 'TOM
__ ___
4 Ina Road / Thornydale Road TOM
5 Ina Road /Meredith Blvd 'TOM
6 Ina Road / Camino de la Tierra PC
,.._
7
.Ina Road /Shannon Road PC
8 ;Ina Road / Mona Lisa Road PC
9 "Ina Road / La Cholla Blvd I PC
10 Ina Road / La Canada Drive
~ PC _
l l Ina Road /Via Assisi / Paseo del Norte PC
12 Ina Road /Oracle Road ADOT
12
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TOWN COUNCIL ~ ~.~~,
MEETING TOWN OF MARANA v MARANA ~
INFORMATION
gR1ZONP
MEETING DATE: June 3, 2008 AGENDA ITEM: J. 1
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2008-77: Relating to Floodplain Management;
approving and authorizing the Mayor to execute a Federal Emer-
gency Management Agency Remapping Study Contribution
Agreement with a coalition of builders and developers with admin-
istrative assistance from the Southern Arizona Home Builders As-
sociation.
DISCUSSION
The Town of Marana has entered into an agreement with CMG Drainage Engineering to analyze
the flooding conditions and flood hazard zones of the Tortolita Fan area, at an estimated cost of
approximately $460,000. A coalition of builders and developers, with administrative assistance
from SAHBA, has committed to pledge funding to assist the Town in paying for the CMG
Drainage Engineering study.
The agreement approved and authorized for execution by this action facilitates the receipt of the
coalition's pledges and provides for appropriate reimbursement or credit against future fees
charged to affected builders and developers, if the Town chooses to adopt such a fee in the fu-
ture.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2008-77, approving and authorizing the Mayor to
execute the Federal Emergency Management Agency Remapping Study Contribution Agree-
ment.
FINANCIAL IMPACT
Approximately $200,000.
ATTACHMENT(S)
Federal Emergency Management Agency Remapping Study Contribution Agreement; and
FEMA Coalition Assistance Agreement
SUGGESTED MOTION
I move to adopt Resolution No. 2008-77.
MARANA RESOLUTION N0.2008-77
RELATING TO FLOODPLAIN MANAGEMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A FEDERAL EMERGENCY MANAGEMENT AGENCY REMAPPING
STUDY CONTRIBUTION AGREEMENT WITH A COALITION OF BUILDERS AND DEVEL-
OPERS WITH ADMINISTRATIVE ASSISTANCE FROM THE SOUTHERN ARIZONA HOME
BUILDERS ASSOCIATION.
WHEREAS the Town of Marana and CMG Drainage Engineering have entered into an agree-
ment to analyze the flooding conditions and flood hazard zones of the Tortolita Fan area; and
WHEREAS a coalition of builders and developers, with administrative assistance
from SAHBA, has committed to pledge funding to assist the Town in paying for the CMG Drainage
Engineering study; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to enter into a formal agreement regarding these matters.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Federal Emergency Management Agency Remapping Study Contri-
butionAgreement between the Town of Marana and a coalition of builders and developers attached
to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the
Mayor is hereby authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the agreement.
PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
3rd day of June, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
FEDERAL EMERGENCY MANAGEMENT AGENCY
REMAPPING STUDY CONTRIBUTION AGREEMENT
This Agreement is entered into by and between the TOWN OF MARANA, an Arizona municipal
corporation ("Marana") and the undersigned Coalition Representative, on behalf of those property owners (all
of whom are collectively referred to as the "Coalition") contributing to the expenses related to the proposed
Federal Emergency Management Agency ("FEMA") remapping of the Tortolita Fan region in and around Marana.
Marana and the Coalition are sometimes collectively referred to as the "Parties."
RECITALS
A. The Coalition has been working independently, and with Marana, in an extensive effort to secure relief
from FEMA's potential remapping of the Tortolita Fan area.
B. The Coalition's efforts have included, among other things, communicating with and organizing affected
property owners, raising money, and lobbying State, Federal, and local officials on this issue. This work has been
done at the sole expense of the Coalition.
C. As a result of the work done by Marana and the Coalition, a contract has been entered into between
Marana and CMG Drainage Engineering to analyze the flooding conditions and flood hazard zones of the Tortolita
Fan area. The study is referred to in this Agreement as the "CMG Drainage Study." The estimated cost of the
CMG Drainage Study is approximately $460,000.
D. The Coalition has received pledges to date sufficient to fund $200,000 to Marana as the Coalition's voluntary
contribution toward the cost of the CMG Drainage Study, including monies pledged by the Arizona State Land
Department and the Cortaro Marana Irrigation District, which may be paid directly to Marana outside of the funds
disbursed by SAHBA on behalf of the Coalition pursuant to this Agreement, and including a payment in the amount of
$38,000 already sent directly to CMG Drainage Engineering and outside the scope of this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained in this
Agreement, Marana and the Coalition hereby agree as follows:
1. Pledge. The Coalition commits to cause to be transmitted to Marana for the CMG Drainage Study
all funds the Coalition collects for that Study, and once the funds are so transmitted, the Coalition's obligations under
this Agreement are considered fulfilled.
2. Reimbursement. If and when Marana adopts any sort of fee related to the Tortolita Fan area and
CMG Drainage Study, contributing members shall be entitled to a pro rata reimbursement or credit against such fees
based on the amount paid to Marana under this Agreement. In such event, the Coalition will provide records,
satisfactory to Marana, indicating the amounts of contributions and lands related thereto.
3. Financial Responsibility. The Coalition has made arrangements with Southern Arizona Home
Builders Association Inc. (SAHBA) is to act as administrative agent to receive and hold funds collected by the
Coalition Representatives from the contributing members of the Coalition and to disburse the collected funds as
directed by the Coalition Representatives. All Parties acknowledge that SAHBA is not a member of the Coalition
and has no financial responsibility whatsoever to contribute any funds towards the cost of the CMG Drainage Study
beyond the pledge they have made to the Coalition.
4. Designated Representatives. The Coalition's designated representatives are Dean Wingert,
Michael Parker and Michael Racy, with Michael Racy being Marana's primary contact. Marana will work
cooperatively with the Coalition's designated representatives, and will make a good faith effort to keep the
Coalition's designated representatives informed as to all matters relevant to the CMG Drainage Study. The
designated representatives have no financial responsibility for the CMG Drainage Study contribution.
5238177.1/87564.011
4/16/08
5. Confrdentiality The designated representatives shall maintain appropriate confidentiality with
respect to CMG Drainage Study information.
6. Entire Agreement. This document constitutes the entire Agreement between the Parties and shall
not be modified, amended, altered or changed except through a written amendment agreeable to and executed by the
Parties.
7. Conflict oflnterest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation in
certain instances involving conflicts of interest.
IN WTTNESS WHEREOF, the Parties have affixed their signatures to this Agreement on the dates written
below.
TOWN OF MARANA:
Mayor Ed Honea
Date:
ATTEST:
APPRO D T FORM:
r
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~F nk Ca ~ idy, own Att ey
AC OWLEDGMENT:
SAHBA acknowledges it will accept the
instructions of the Coalition representatives, with
respect to disbursement of the funds SAHBA
receives from the Coalition representatives to hold
for the CMG Drainage Study as their administrative
agent.
SOUTHERN ARIZONA HOME BUILDERS
ASSOCIATION INC. (SAHBA)
By: ~ ..
Edward P. aczanowsky
President
ON BEHALF OF THE OALITION:
Date:." 5 ` d~
ACKNOWLEDGMENT:
5238177.1/87564.01 l
4/16/08
FEMA COALITION ASSISTANCE AGREEMENT
This FEMA COALITION ASSISTANCE AGREEMENT ("Agreement") is made and entered into as of the day
of November, 2007, by and between the undersigned Coalition Representatives (each, a "Coalition
Representative"), acting on behalf of the Coalition members identified below, and the Southern Arizona Home
Builders Association, an Arizona non-profit corporation (known herein as "SAHBA") (each, a "Party' ;collectively,
the "Parties") to memorialize the agreements previously made among the Parties on or about November 19, 2007, in
connection with efforts of the Coalition Representatives, to collect and disburse funds to consultants, in
cooperation with the Town of Marana, towards the goal of securing relief from the potential remapping, by the
Federal Emergency Management Agency of the United States Department of Homeland Security ("FEMA"), of
the area within and around Marana known as the "Tortolita Fan" (these joint efforts are referred to as the "FEMA
Project"). The Parties agree:
1. Although not a member of the Coalition, SAHBA considers the FEMA Project in the best interests of
the home building industry and will, therefore, assist the Coalition Representatives in connection with the FEMA
Project by receiving and disbursing funds for contributions to the FEMA Project, in the limited capacity as an
administrative agent, utilizing SAHBA's "development issues fund" account, in each case as directed by a Coalition
Representative. SAHBA will be entitled to, and shall conclusively presume a Coalition Representative's
direction is for a proper purpose, in accordance with the Coalition Representative's authority from the Coalition
and each of its members. SAHBA may terminate this Agreement without cause effective upon seven (7) days notice
to either of the Coalition Representatives set forth below, provided that SAHBA shall deliver a check in the amount of
the remaining funds payable to, either Coalition Representative set forth below, whereupon SAHBA shall be deemed to
have been automatically exonerated and discharged from any further responsibility hereunder.
2. The undersigned Coalition Representatives, individually, and on behalf of the Coalition, jointly and
severally waive, and release SAHBA of and from any and all damages resulting from SAHBA's receipt, holding
and payment of funds as provided in this Agreement, except only damages caused by SAHBA's sole negligence;
and further agree to indemnify and hold SAHBA harmless for, from and against any claims resulting from this
Agreement, including reasonable attorneys' fees and costs and expenses (including litigation expenses if
required) incurred by SAHBA in connection with the evaluation, settlement or defense thereof, except only to the
extent a claim is caused by the sole negligence of SAHBA.
3. Notices from SAHBA to the Coalition shall be effective upon delivery or facsimile to either of the
Coalition Representatives set forth below. All communications and notices to SAHBA shall be effective only if
personally delivered to Mr. Edward Taczanowsky, SAHBA's President, who alone has authority to receive
checks, take directions and otherwise administer SAHBA's performance under this Agreement.
Dated this Z~day of ~,~; ;, , 2008; effective as of November 1, 2007.
SOUTHERN ARIZONA HOMEBUILDERS COALITION*
ASSOCIATIO .SAHBA)
~~ ~ ,~ --
Name: ,. c~ o Name: can Win er'!C'for Forest Ci
Its: ~ Its: Coalition Representative
Its: Coalition Representative
ADDRESS FO~OTICES
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Facsimile 5"ZD - 7 90 - loSS'27
5238175.1/87564.011 1
4/ 16/08
tpWN OF
TOWN COUNCIL ~'~4
MEETING TOWN OF MARANA q Ak N,~ ;
INFORMATION ga~ZpN~
MEETING DATE: June 3, 2008 AGENDA ITEM: J. 2
TO: MAYOR AND COUNCIL
FROM: Deb Thalasitis, Assistant Town Manager
SUBJECT: Resolution No. 2008-78: Relating to the Police Department;
approving and authorizing the Mayor to execute a memorandum
of understanding with the Marana Police Officers' Association
relating to wages, hours and working conditions; and declaring an
emergency.
DISCUSSION
The Town Manager and the Marana Police Officers' Association have completed the Meet and
Confer process set forth in Section 4-1-8 of the Marana Town Code. In accordance with the
provisions of the Code, the Memorandum of Understanding (MOU) concerning the agreed upon
issues between the parties is being brought to the Town Council for approval. Both the
Association and the Town are pleased to report that there are no issues at impasse; therefore, the
full MOU between the parties is presented for the Council's approval. Negotiations were
concluded on May 1, 2008 and the Marana Police Officers' Association ratified the tentative
agreement on May 7, 2008. The MOU provides for a two year term running from July 1, 2008
through June 30, 2010, with a clause to open discussions regarding wages (the pay plan) in each
fiscal year.
The economic issues addressed in the MOU can be divided into those items that reflect current
policies or practices and new or increased benefits. Even though many of these items reflect
benefits that are currently in place for employees, they were nonetheless thoroughly reviewed by
the teams to balance a desire to attract and retain employees with the need to manage costs,
particularly in the current economic climate. Below is a summary of the items in each category:
New or Increased Economic Benefits
• Establishes aneight-step pay plan for dispatchers. Currently an eight-step pay plan is in
place only for sworn personnel below the rank of lieutenant.
• Provides for a mechanism to convert dispatchers from their current open range pay plan
to the eight-step pay plan in FY 2009, ensuring they receive the five percent step increase
mentioned in the last bullet.
• Provides for a five percent increase per hour for the actual hours that a dispatcher or
patrol officer works as a first line supervisor, when the first line supervisor is absent (i.e.
sergeant not working a shift due to sick or vacation).
{00009384.DOC /j 05/29/2008
• Provides for a shift differential rate of $.90 per hour for hours worked between 6:00 p.m.
and 6:00 a.m. (current rate is $.50 per hour for Police Department).
• Provides for payment of 50% of the sick leave balance to the employee's designated
beneficiary upon a current employee's death (new).
Economic Benefits -Current Policies/Practices
• Establishes an eight-step pay plan for sworn officers below the rank of lieutenant.
• Provides for movement through the steps based on the Town's performance management
system in five percent increments.
• Provides for a lump sum bonus of five percent for employees who are at the top step of
the pay plan based on the Town's performance management system (currently in place
for all Town employees).
• Provides for an open range pay plan for all other positions covered under the MOU
(currently in place for all Town employees).
• Provides for special assignment pay of ten percent for officers appointed to serve by the
Chief as Detectives in the Criminal Investigations unit.
• Provides for one hour of overtime added to any shift for a dispatcher or patrol officer
designated by the Chief as a field training officer (FTO).
• Provides for paid time off for holidays to be counted as hours worked for the purposes of
calculating overtime in a work week (currently in place for all town employees).
• Provides for compensatory time accrual up to an 80 hour maximum (currently in place
for all town employees).
• Provides for payment of accrued compensatory time upon separation of employment,
including death (currently in place for all town employees).
• Provides for a minimum of two hours of compensation at the overtime rate for court time
worked outside of the employee's regular shift.
• Provides for leave for jury duty without loss in pay, provided any remuneration paid to
the employee is turned over to the town (currently in place for all town employees).
• Provides for a minimum of two hours of call out pay at the overtime rate when an
employee is called back to regular duty more than one hour after leaving Town facilities
outside of the regular shift. Calculation of hours begins at the time of call-out and
includes travel to and from the place the employee is directed to report. Travel time shall
not apply for overtime planned and scheduled in advance.
• Provides for on-call pay at $.50 per hour for the hours on-call outside of the regular work
shift for the following assignments: Detective, Accident Reconstructionists, SWAT, PIO,
Crime Scene Specialists and K-9 units (currently in place for Police, O & M, Parks and
Recreation and $1.50 per hour for Technology Services).
• Provides for payment of a uniform clothing allowance of $1,200 divided into two equal
payments (January and July) for all sworn employees.
(00009384.DOC/} -2-
• Provides that a new sworn employee will receive an initial outlay of all uniforms and
equipment mandated by the Police Chief.
• Provides for payment of a uniform clothing allowance of $600 divided into two equal
payments (January and July) for non-sworn employees who are mandated to wear a
uniform by the Chief of Police.
The non-economic issues addressed in the MOU include the following:
• Provides for a Grievance Review Committee (GRC) to review appeals of discipline
involving suspension, demotion or termination. The GRC is athree-member non-
employee group of Marana residents, one to be appointed by the MPOA, one appointed
by the Town and a third member to be appointed by agreement of the first two. The term
of the GRC appointment is one year, to be automatically held over unless the member is
replaced. This process used by the GRC is essentially the Personnel Action Review
Process (PARB) process currently in place for all Town employees. This process was
added to address the interest of having an objective review process for disciplinary action
that did not involve binding arbitration.
• Provides for a Conference Review Board made up of members from the police
department command staff and members of the MPOA to resolve disputes involving the
interpretation of this MOU. This is process is to be used to resolve disputes at the lowest
level. If that cannot be done, the matter is referred to a Contract Review Committee
(CRC).
Provides for a Contract Review Committee (CRC) to review matters of dispute involving
the contract that cannot be resolved by the Conference Review Board. The CRC is a
five-member committee composed of three current Town council members and two
current Marana residents (non-employees). One resident would be appointed by the
Town Manager and one resident would be appointed by the MPOA. This process
addresses the interest of having an objective review process for resolving matters of
dispute concerning the MOU, without abrogation of the authority and responsibility of
Town government provided for under Arizona statutes or Town ordinance.
• Provides for vacation selection to be made base on seniority if the need arises to limit the
number of individuals on vacation within any rank.
• Provides for the standard 10 holidays granted to all town employees, plus two floating
holidays.
• Provides for a return to work program for employees who are injured on- and off-the job.
Provides a maximum of 180 days alternative work assignment with medical provider
certification. Provides preference to on-the job injuries where the number of assignments
available is limited. Currently policy is to limit assignments to on-the job injuries; but
past practice has been to include off-the job injuries as well.
• Prohibits strikes and work interruptions.
• Provides for opening of any provision of the MOU by mutual consent of the parties, and
provides for a reopener of the entire MOU should a reduction in state-shared revenues
occur during the terms of the agreement.
• Provides for the Town's rules and regulations, policies and directives to prevail unless
addressed by the MOU. If a benefit is not addressed in this MOU, but is provided to all
other Town employees as a matter of policy, it will also be provided to employees
covered under this MOU.
Provides fora "Take Home Vehicle" policy for all sworn employees who have
established permanent residency within the Town limits and for employees who are
filling a designated on-call shift. The procedures for the "Take Home Vehicle" program
are established by the Chief. This is a change from the current policy, where all sworn
employees living within a 20 mile radius of Marana Municipal Complex could take home
a vehicle. This included those living outside of the Town limits.
Items Not Subject to Negotiation
Although benefits are not subject to negotiation by the Meet and Confer Ordinance, the council's
recent approval of health benefit rates and the increase in the Public Safety Retirement System
(PSRS) employer contribution rate are benefits that will additionally be provided to employees
covered by this MOU in Fiscal Year 2009. Funds for health insurance rate increases and PSRS
rate increases have been included in the proposed FY 2009 budget.
ATTACHMENT
Meet and Confer Memorandum of Understanding between the Town of Marana and the Marana
Police Officers' Association
RECOMMENDATION
The value of this MOU, including current and new economic benefits is $752,036 plus $396,170
for benefits and retirement contributions for a total cost of $1,148,206. Funds to implement this
MOU are included in the proposed FY 2009 budget. This MOU has been reviewed separately by
legal counsel for the Town and the MPOA. Staff recommends approval of this MOU.
SUGGESTED MOTION
I move to adopt Resolution No. 2008-78.
{00009384.DOC /} -4-
MARANA RESOLUTION N0.2008-78
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MARANA
POLICE OFFICERS' ASSOCIATION RELATING TO WAGES, HOURS AND WORKING
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS the Town of Marana has a fundamental interest in maintaining a harmonious
and cooperative relationship between the Town and its public safety employees; and
WHEREAS the well-being and morale of public safety employees of the Town are
benefited by providing an opportunity to participate in the formulation of policies and practices
affecting the wages, hours, and working conditions of employment; and
WHEREAS the Town and the Marana Police Officers' Association, through their
representatives, met and conferred in good faith pursuant to the meet and confer process outlined
in Section 4-1-8 of the Marana Town Code in order to reach agreement concerning wages, hours
and working conditions of public safety employees; and
WHEREAS the Town and the Marana Police Officers' Association have reached an
agreement concerning wages, hours and working conditions of public safety employees in the
form of a memorandum of understanding; and
WHEREAS pursuant to Section 4-1-8(F)(5) of the Marana Town Code the Town Council
has the authority to accept, reject or modify the proposed memorandum of understanding; and
WHEREAS final action of the Town Council shall constitute the memorandum of
understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Council hereby accepts the memorandum of understanding
between the Town of Marana and the Marana Police Officers' Association attached to and
incorporated by this reference in this resolution as Exhibit A.
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 terms and conditions
of the memorandum of understanding.
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 3rd day of June, 2008.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
-2-
MEET AND CONFER
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
TOWN OF MARANA
AND TH E
MARANA POLICE OFFICERS'
ASSOCIATION
JULY 1, 2008 -JUNE 30, 20.10
{00009350.DOC R
TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................... ii
PREAMBLE .................................................................................................................... 1
ARTICLE 1; PURPOSE; DEFINITIONS .......................................................................... 1
Section 1-1: Purpose .................................................................................................. 1
Section 1-2: Definitions ....:...............................................................:.............:............ 1
Section 1-2: Gender .................................................:................................................. 3
ARTICLE 2; RECOGNITION ........................................................................................... 3
Section 2-1: Recognition ....:....................................................................................... 3
ARTICLE 3; MANAGEMENT RIGHTS ............................................................................ 3
Section 3-1: Management Rights ............................................................................... 3
ARTICLE 4; ASSOCIATION RIGHTS ..................................................................:.......... 5
Section 4-1: Association Rights .................................................................................. 5
Section 4-2: Employee Rights ...................................................................................: 8
ARTICLE 5; GRIEVANCE PROCEDURES; CONFERENCE BOARD MEETINGS ...... 10
Section 5-1: Non-exclusive Remedy ........................................................................ 10
Section 5-2: Grievances ........................................................................................... 10
Section 5-3: Employment Matters Not Subject to Grievance ......................:............. 10
Section 5-4: Miscellaneous Rules ............................................................................ 11
Section 5-5: Grievance Procedure Steps ..............................................:.................. 12
Section 5-6: Rules of Appeal to the Grievance Review Committee .......................... 13
Section 5-7: Grievance Review Committee ............:.................................................. 17
Sec#ion 5-8. Conference Board; Conference Board Procedures .............................. 18
Section 5-9: Contract Review Committee ................................................................. 18
ARTICLE 6; WAGES AND BENEFITS .......................................................................... 21
Section 6-1: Wages .................................................................................................. 21
Section 6-2: Specialty Pay ........................................................................................ 22
Section 6-3: Officer In Charge (OIC); Dispatcher In Charge (DIC) ........................... 22
Section 6-4: Overtime ..........................................:.................................................... 22
Section 6-5: Court Overtime ......................:..................................................:........... 23
Section 6-6: Jury Duty ................................:............................................................. 23
Section 6-7: Call-out Pay .......................................................................................... 24
Section 6-8: Shift Differential Pay .........................................................................,... 24
Section 6-9: On-Call Assignments; On-Call Pay .:.................................................... 24
Section 6-10: Wage Re-opener ................................................................................ 24
ARTICLE 7; HOURS OF WORK/1NORKING CONDITIONS ......................................... 25
Section 7-1: Hours .................................................................................................... 25
Section 7-2: Leaves .................................................................................................. 25
Section 7-3: Holidays ............................................................................:.................. 26
{00009350.DOC /}
Section 7-4: Payment of Sick Leave at Retirement or Death ..............:..................... 26
Section 7-5: Uniform, Clothing, and Equipment ....................:...............:..:.....:.......... 26
Section 7-6: Return to Work .....................:............................................................... 26
Section 7-7: Take Home Vehicles ............................................................................ 27
ARTICLE 8;STRIKES AND WORK INTERRUPTION ................................................... 28
ARTICLE 9; MISCELLANEOUS ..........................................................:........................ 28
Section 9-1: Saving Clause ...................................................................................... 28
Section 9-2: Seniority ............................................................................................... 28
Section 9-3: Term and Effect of MOU .....................................................:...:............ 28
PREAMBLE
Whereas, the Town of Marana has a fundamental _interest in maintaining a
harmonious and cooperative relationship between the Town and its public safety
employees; and
Whereas the well being and morale of the police employees of the Town are
benefited by providing an opportunity to participate in the formulation of policies and
practices affecting the wages, hours, and working conditions of their employment; and
Whereas the parties acknowledge a desire to have an informed workforce and
agree to engage in informational sessions offered to all town employees regarding
medical plan benefits and structure and retirement plan information; and
Whereas the parties hereby acknowledge that the.provisions of this
Memorandum of Understanding (hereinafter "MOU") are not intended to abrogate the
authority and responsibility of the Town government provided for under the statutes of
the State of Arizona or the charter or ordinances of the Town; and
Whereas the parties, through their representatives, met and conferred in good
faith pursuant to the Meet and Confer Ordinance in order to reach agreement
concerning wages, hours, and working conditions of employment in the bargaining unit;
and
Now therefore, the Town of Marana, hereinafter referred to as the `Town" and,
the Marana Police Officers Association (MPOA) hereinafter referred to as the
"Association" having reached this complete MOU concerning wages, hours, and
working conditions for the term specified, the parties submit this MOU to the Mayor and
the Town Council of the Town of Marana their joint recommendation that the body
resolve to adopt its terms.
ARTICLE 1; PURPOSE; DEFINITIONS
Section.1-1: Purpose
It is the purpose of this MOU to continue and maintain harmonious relations,
cooperation, and understanding between the Town and its police employees, and to set
forth the full and entire understanding of the parties reached as a result of a good faith
meeting and conferring regarding wages, hours, and working conditions of the
employees covered by this MOU, which understanding the parties intend jointly to
submit and recommend for approval and implementation to the Mayor and Town
Council
Section 1-2: Definitions
Association: the Marana Police Officers Association.
MOU 7/1/08 - 6/30/2011 Page 1 of 30 .
Chief: The Chief of Police of the Marana Police Department, or a person acting as the
Chief s designee.
Conference Board: A maximum of four employee members of Police Department
Management and four employee members of the Association who meet to resolve
matters of dispute involving the interpretation of this MOU prior to invoking the review
process of the CRC.
Contract Review Committee (CRC): Five member review committee composed of three
Town Council members and two Marana residents who are not current employee, who
convene solely to make a recommendation of action to the full Town Council regarding
resolution of disputes involving the interpretation of this MOU.
Day(s): Calendar days, unless otherwise specified in the contract.
Department: Marana Police Department.
Employee{s) or Association member or member: A Town employee who is a full-time,
Arizona certified sworn peace police officer below the rank of lieutenant, or a police
dispatcher, police property and evidence technician or police. records clerk, crime
prevention specialist and crime analyst. A person who is employed by the Town on a
contract, temporary, or seasonal basis is not considered an association member.
Grievance Review Committee (GRC): Athree-member committee made up of residents
of the Town of Marana who.are not current employees and who convene as the final
step in the Grievance process to hear appeals on employment matters as.defined in this
MOU.
Management labor liaison: The Chief, or the person appointed by the Chief, to be the
Department's point of contact for the Association.
MOU: This Memorandum of Understanding, after approval and adoption by the Mayor
and Council of the Town of Marana, as evidenced by the Mayor's signature at the end
of this MOU.
Ordinance: Marana Ordinance No. 2007.05, now codified as Town Code
Section 4-1-8.
Representative: A member of the Board of Officers, or one of the five association
representatives named in section 4-1 who are authorized to act as grievance
representatives.
Town: The Town of Marana.
Town Manager or Manager: The Town Manager of the Town of Marana, or a person
acting as the Manager's designee.
MOU 7/1/08 - 6/30/2011 Page 2 of 30
Section 1-2: Gender
Whenever any words used herein are in the masculine, feminine, or neuter; they
shall be construed as though they were also used in another gender in all cases where
they would so apply.
ARTICLE 2: RECOGNITION
Section 2-1: Recognition
The Town recognizes the Association as the sole and exclusive Meet and Confer
agent, pursuant to the Meet and Confer Ordinance for the purpose of representation
regarding wages, hours, and working conditions of the public safety employee group as
defined by the Meet and Confer ordinance, including all Town employees who are full-
time, Arizona certified sworn police officers below the rank of Lieutenant, those civilian
employee classifications as set forth in the Ordinance, and the classifications of Crime
Prevention Specialist and Crime Analyst. The Association agrees that recognition is
subject to challenge by any other labor organization wishing to represent eligible
employees as provided for under the terms and conditions of the Town Meet and Confer
Ordinance, and as specifically provided in Section 4-1-8, Section G.
ARTICLE 3; MANAGEMENT RIGHTS
Section 3-1: Management Rights
A. Nothing in this MOU shall limit the Town in the exercise of its function of
management and in the direction and supervision of the Town's business. This
includes, but is not limited to the right to: add or eliminate departments; require and
assign overtime; increase or decrease the number of jobs; change process; contract out
work; assign work and work to be performed; schedule shifts and hours to work and
lunch or break periods; hire; suspend; demote, discipline, or discharge; transferor
promote; layoff because of lack of work or other legitimate reasons; establish rules,
regulations, job descriptions, policies and procedures; conduct orderly operations;
establish new jobs; abolish and change existing jobs; determine where, when, how and
by whom work will be done; maintain standards.of proficiency in police skills ;except
where any such rights are specifically modified or abridged by terms of this MOU.
Unless an express, specific provision of this MOU clearly provides otherwise, the
Town, acting through its Manager and Chief or other appropriate officials strictly
adhering to the chain of command as may be authorized to act on their behalf, retains
all the rights and prerogatives it had prior to the signing of this MOU either by law,
custom, practice, usage or precedent to manage and control the Department.
B. By. way of example but not limitation, management retains the following rights:
1. to determine the mission, budget and policy of the Department;
MOU 7/1/08 - 6/30/2011 Page 3 of 30
2. to determine the organization of the Department, the number of employees, the
work functions, and the technology of performing them;
3. to determine the numbers, types, and grades of positions or employees assigned
to an organizational unit, work project, or to any location, task, vehicle, building,
station or facility;
4. to determine the methods, means and personnel by which the Department's
operations are to be carried;
5. to manage and direct employees of the Department;
6. to maintain and improve orderly procedures and the efficiency of operations;
7. to hire, promote and assign employees;
8. to transfer, reassign, or detail employees to other shifts or other duties;
9. to determine the equipment to ,be used and the uniforms to be-worn in the
performance of duty;
10.to determine the policies affecting the hiring, promotion, and retention of
employees;
11.to establish qualifications for ability to perform work in assignments, including
physical, intellectual, and mental health qualifications;
12.to lay off employees in accordance with Town policy in the event of lack of work
or funds or under conditions where management believes that continuation of
such work would be less efficient, less productive, or less-economical;
13.to establish or modify work schedules and shift schedules and the number and
selection of employees to be assigned not inconsistent with the provisions of this
MOU;
14.to take whatever actions may be necessary to carry out its responsibilities in
situations of emergency;
15. to enforce existing rules and regulations for the governance of the Department
and to add to or modify such regulations as it deems appropriate subject to
fulfilling its meet and confer obligations;
16. to suspend, demote, discharge, or take other disciplinary action against
employees in accordance with Town policy, to require the cooperation of all
employees in the performance of this function, and to determine its internal
security practices.
MOU 7/1/08 - 6/30/2011 Page 4 of 30
17.to spell out the job responsibilities and obligations of employees and to assign
duties consistent with an officer's training and ability, regardless of whether the
exact duty is listed in a written job description.
C. Management also reserves the right to decide whether, when, and how to exercise
its prerogatives, whether or not enumerated in this MOU. Accordingly, the failure to
exercise any right shall not be deemed a waiver. It is understood and agreed by the
parties hereto that the Town does not have to rely on any memorandum of
understanding with its employees as the source of its rights and management
prerogatives.
D. This MOU does not purport to spell out the job responsibilities and- obligations of the
employees covered by this MOU. Job descriptions are not meant to be all-inclusive.
Management reserves the right to assign duties consistent with an employee's training
and ability, regardless. of whether the exact duty is listed in a written job description.
ARTICLE 4: ASSOCIATION RIGHTS
Section 4-1: Association Rights
A. The Association, as the authorized representative, has the exclusive right to serve
as the meet and confer representative of all employees in the public safety Employee
Group as described in the Ordinance, except as otherwise modified by this MOU.
B. Association representatives.
1. The Association may name up to five representatives and shall notify the Chief of
such designations in writing. The Association agrees to supply the Department
with a current list of elected Officers of the Association and representatives and
to keep such lists current. The Department will recognize the elected Officers
and representatives after receipt of the written notice.
2. One representative may, when the Association is designated in writing by the
...employee as the employee's representative, attend mutually scheduled
grievance meetings with Department and Town representatives. If the
representative is on-duty, this attendance shall be without loss of pay or benefits;
however the representative shall obtain permission of the representative's
Department supervisor to be absent from assigned duties to attend scheduled
grievance meetings. Subject to operational and scheduling factors, this
permission shall not be unreasonably withheld.
C. Payroll Deduction
1. The Town shall deduct yearly from all 26 Town paychecks of the Association
members the regular periodic Association membership dues pursuant to the
Town's deduction authorization form duly completed and signed by the
employee, and transmit such deductions monthly to the Association no later than
MOU 7/1/08 - 6/30/2011 Page 5 of 30
the 14th day following the end of the pay period in which the deduction occurs,
along with an alphabetical list of all employees for whom the deductions have
been made. Such deduction shall be made only when the Association member's
earnings for a pay period are sufficient after other legally required deductions are
made.
2. Authorization for membership dues deduction shall remain in effect during the
term of this MOU unless revoked in writing by the employee or unless the
employee leaves the bargaining unit. The written notification shall be given to
both the Town and the Association Treasurer.
3. The Town shall not make any payroll deductions for members on behalf of any
other organization that purports to provide benefits similar to those offered by the
designated Association (as defined in the Ordinance) during the term of this
MOU.
4. The Town shall, at the written request of the Association during the term of this
MOU make changes in the amount of dues deduction hereunder for the general
membership only if the dues deduction authorization signed by the member
specifically authorizes increased deductions, without further notice to the
member, upon changes in the amount of dues levied by the Association.
5. If an improper deduction is made, the Association shall refund any such amount
directly to the employee within thirty days of notice from the employee:
D. Use of Facilities
1. The Town shall provide the Association with space for one bulletin board for its
use in communicating with its members at a mutually agreeable location. The
Association shall have sole and exclusive use of the bulletin board.
2. The bulletin board shall be used for the following notices: recreational and social
affairs of the Association; Association meetings; Association elections; reports of
the Executive Board or committees; rulings or policies of the state or national
organizations; and legislative enactments and- judicial decisions affecting public
sector labor relations.
3. All posted materials must be signed or initialed by the management labor liaison.
No notice or announcement that contains defamatory statements about the
Department or any Department official or employee shall be posted. A copy of all
posted material shall be forwarded to the management labor liaison. Any
violation of this section shall entitle the Department to immediately revoke the
privilege to use the bulletin board. In the event non-authorized material is
posted, it shall be promptly removed on not cation by the Department.
4. The Association is authorized to use non-work time to distribute materials to
Association members in Department mail boxes.
MOU 7/1/08 - 6/30/2011 Page 6 of 30
5. The Town shall permit Association Executive Board Members to use Town
electronic communications and inter-office mail systems for grievance and joint
Town/Association matters as necessary. A Town a-mail account and intranet
access will be provided to any employee who is an Association Executive Board
Member and who does not otherwise have access to the Town's a-mail system
and intranet. The Town's communications system will not be used for recruiting
new members. All electronic communications are guided by Town policy
concerning electronic communication systems. Use of Town electronic
communications for Association purposes authorized under this MOU shall be
during off-duty hours.
E. A member of the Executive Board of the Association, or a representative, will, with
the approval of the Chief, subject to 24 hour notice in advance, be authorized to engage
in Association related activities during Town work hours on a non-paid basis, or by
using Association Leave Pool Hours. Approval for use of unpaid time or leave pool
hours shall be subject to Department operational and scheduling factors and
administration control as to usage of such time, but shall not be unreasonably withheld.
F. The Town shall permit the Association to have a leave pool of not to exceed 200
hours per year. The leave pool will consist solely of time deducted from members
vacation leave. The Town will deduct two hours of vacation leave time from all
Association employee members annually, crediting the time to an "Association Leave
Pool." This deduction will occur once annually and the member's vacation balance will
be charged when the collection is processed. The maximum accrual of Association
pool hours at any time shall not be greater than 500 hours. The annual vacation leave
deduction will be adjusted accordingly if the normal two-hour draw would cause the
leave bank to exceed 500 hours. The Association agrees to use personal time if the
time required exceeds available leave bank hours.
G. Paid leave pool time may not be used unless an association paid pool leave time
authorization form has been completed prior to the use of the leave. The form shall
require the signature of the Association President and the Chief, and shall be submitted
to the Chief for approval at least twenty-four hours in advance of the use of the leave.
Approval for use of paid time from the leave pool shall be subject to Department
operational and scheduling factors. Such approval shall not be .unreasonably withheld..
The Department's management labor liaison will charge the bank and periodically report
use and balance to the Association President. Leave pool hours may be carried over
from year-to-year. Paid leave pool hours shall not be counted as hours worked for the
calculation of overtime.
H. In recognition of the mutual benefit to both the Town and the Association, an
employee using Association leave pool time as defined in this MOU to conduct
Association business shall be accorded all insurance-related benefits. Approval of
claims made for benefits will be determined in the same manner as any other Town
employee.
MOU 7/1/08 - 6/30/2011 Page 7 of 30
I. At a time established by the Department, the Association will be allowed one hour
during the post-academy to talk to and possibly sign new employees into the
Association and to explain the rights and benefits under this MOU.
J. The Association. may designate up to three employee members to represent the
Association in the Meet and Confer process with the Town. Association employees who
are on the Association negotiating team and who are scheduled to work at the time of a
negotiation meeting shall be excused from their regular duties without loss of pay for the
duration of the meeting. If a negotiating team member is not on-duty during the
negotiations, the member will not be paid for the time spent in negotiations.
Section 4-2: Employee Rights
A. Employees have the right to be represented by the Association and to have a
member of the Association present during the grievance meetings described by the
grievance process set forth in Article 5, and during any administrative Department
interview when the Department reasonably believes that the interview could result in
dismissal, demotion or suspension. An employee is not entitled to representation by the
Association during an interview of an .employee that is:
1. In the normal course of duty, counseling, or instruction, or an informal verbal
admonishment by, or other routine or unplanned contact with, a supervisor or
other law enforcement officer.
2. Preliminary questioning to determine the scope of the allegations or if an
investigation is necessary.
3. Conducted in the course of a criminal investigation.
4. Conducted in the course of a polygraph examination.
B. If an employee requests, representation will be allowed during any administrative
.Department interview when the Department reasonably believes that the interview could
result in dismissal, demotion or suspension, whether the interview is conducted as part
of an administrative investigation by Internal Affairs or by a Department supervisor who
is conducting an administrative investigation. The employee will obtain the most readily
available representative. The representative will make every reasonable effort to arrive
in a timely manner from the time a phone call is made by the employee to the
representative. The representative will attend the above interview only as an observer.
C. The interview session shall be for a reasonable period of time, taking into
consideration the gravity and complexity of the misconduct being investigated. The
employee shall be permitted reasonable breaks of limited duration during any interview
for telephonic or in person consultation with others, including an attorney, who are
immediately available.
D. An employee may make a written request for a second polygraph examination. If
good cause is presented for a second polygraph examination, the Department will
MOU 7/1!08 - 6/30/2011 Page 8 of 30
arrange for the administration of a second polygraph examination. In no event will more
than two polygraph examinations b~ administered.
E. An employee under investigation shall be notified in writing every 30 days as to the
current status of the administrative investigation. This notification shall include an
estimated date of completion.
F. An employee shall on request be allowed to review the employee's Department and
Town personnel files in the presence of a management representative.
G. No employee shall have any adverse comments entered into the employee's
Department or Town personnel files without the employee being informed by the
supervisor in writing of the comments. The employee may upon request receive a copy
of the adverse comment. An employee may attach rebuttal statements to any material
in the employee's Department or Town personnel files that may be adverse in nature.
H. If a Department supervisor or Internal Affairs investigator interviews a law
enforcement officer and the Town reasonably believes that the interview could result in
dismissal, demotion or suspension, the employee shall be given a written notice
informing the employee of the specific nature of the investigation, the officer's status in
the investigation, all known allegations of misconduct that are the reason for the
interview, and the employee's right to have a representative present at the interview.
The employee and/or the Department supervisor/Internal Affairs representative shall
each be entitled to mechanically record the interview. Should any mechanical
recordings take place, the Department and the employee reserve the right to transcribe
any such interview for the purpose of verifying the accuracy of the interview.
1. A copy of the signed and dated notice of investigation shall be given to the
employee prior to the beginning of the interview. The employee shall have the
right to retain the notice of investigation for use throughout the entire course of
the interview. An employee shall be provided an opportunity to make a
telephone call after the issuance of the notice of investigation to obtain a
representative.
2. In the event an employee does not record the interview, the employee may
request a copy of the investigator's tape(s) if the investigator records the
interview.
3. If an employee is told not to speak to anyone regarding an investigation, this
admonition shall not apply to speaking with an attorney functioning within the
attomey-client relationship, or with a representative. When the investigation is
completed, the employee shall be notified in writing of the findings.
I. The Town shall count as time worked any hours or fractions of hours spent within
the regular work shift of an employee under investigation who is being interviewed
pursuant to this Article, and shall count as time worked any hours or fractions of hours
spent outside the employee's work shift. The Town shall count as time worked any
MOU 7/1108 - 6/30/2011 ~ Page 9 of 30
hours or fractions of hours spent within the regular work shift of a representative-who is
attending an interview with an employee pursuant to this Article:
J. An employee who receives a written reprimand may request a copy of the official
documentation, if any, supporting the written reprimand.
K. Employees shall have the right to participate on behalf of or engage in activities on
behalf of the Association. Employees shall be free from any interference, restraint, or
coercion by any other employee, supervisor, or manager in pursuance of the rights
granted under the Ordinance and in this MOU.
ARTICLE 5: GRIEVANCE PROCEDURES: CONFERENCE BOARD MEETINGS
The Town and the Association have agreed to these procedures as a means to:
A. Ensure all employees fair and equitable treatment;
B. Promote harmonious. relations among employees, supervisors and managers;
C. Encourage the settlement of disagreements informally at the employee-supervisor
level;
D. Provide an orderly procedure to handle disagreements through the various
supervisory levels when necessary; and
E. Resolve grievances as quickly as possible.
Section 5-1: Non-exclusive Remedy
An employee covered under this MOU may choose to exercise rights under this
grievance review process or under the Town Personnel Action Review Board (PARB)
process, but may not use both processes. Once the employee has elected one (by
taking the initial step under the process), that election is irrevocable for that
grievance/employee action.
Section 5-2: Grievances
Unless otherwise stated in this MOU, an employee may file a grievance involving
termination, reduction in pay, demotion, suspension without pay, or reduction in pay in
lieu of suspension without pay in accordance with the Grievance Procedure Steps set
forth in this article.
Section 5-3: Employment Matters Not Subject to Grievance
The following employment matters are not subject to grievance:
A. Placement of an employee in, or the content or the structure of, the Town's
Classification Plan;
MOU 7/1/08 - 6/30/2011 Page 10 of 30.
B. Placement of an employee in, or the content or structure of, the Town's Salary Plan;
C. The content or structure of the Town's benefits programs;
D. An employee's performance evaluation;
E. Extension of an evaluation period;
F. Assignments, transfers or reassignments, including those to or from lead positions or
special positions;
G. Municipal finance or budgetary issues; and
H. Layoffs.
Section 5-4: Miscellaneous Rules
A. Employees who have not completed an initial evaluation period with the Town are
not permitted to file a grievance.
B. After an issue has been initially presented for review, an employee may not add new
allegations at a subsequent step.
C. Time limits provided in these procedures may be extended to a date certain by
mutual written agreement of the Town and. the employee.
D. An employee's failure to file a timely appeal in writing to the next step in the process
will constitute a waiver, and the decision shall be final, binding and not subject to further
review. Failure by the Chief or the Town to respond to a grievance within the specified
time frame will allow the employee to move to the next step in the grievance process.
E. Meetings held under these procedures shall be conducted at a mutually agreed
upon time and place that affords a fair and reasonable opportunity for all persons
entitled to be present to attend.
F. No discipline, retaliation, or threats of retaliation shall be taken against any
employee, representative, witness or other participant, whether testifying or not, in these
grievance procedures by reason of such participation.
G. For pay and benefits purposes, time spent by employees in discussions with
management or in testifying before the Grievance Review Committee (GRC) is
considered time worked, but shall not be used in computation of overtime under the
FLSA.
H. Employment matters subject to review may be resolved or settled at any step in the
process. Such matters will be processed until: (a) the employee does not file a timely
appeal (as defined in the steps); or (b) a decision has been made in the final step; or
(c) the employee withdraws the grievance.
MOU 7/1/08 - 6/30/2011 Page 11 of 30
I. All employment decisions (and resulting wage and/or benefit losses flowing from
them) are effective when made by the Chief. Upon reversal of the decision at any step
in the review process, the employee may recover any wages and/or benefits lost.
Section 5-5: Grievance Procedure Steps
A. Step One: Appeal to Chief
1. Within ten days of the time the employee receives written notification of an
employment matter that is subject to review, the employee must file a request for
grievance review with the Town's Human Resources Department on a form
provided by the Town.
2. The Chief shall review the issue, attempt to resolve it, and give a written decision
to the employee within ten days of having received the employee's request for
grievance review from the Town's Human Resources Department.
3. If the issue involves conduct of the Chief, the Human Resources Department
.shall give the request for grievance review to the Town Manager, who shall
proceed as stated in Step Two, below.
B. Step Two: Appeal to Town Manager.
1. If the employee is not satisfied with the Chief's decision or if no decision has
been rendered within ten days after submission to the Chief, the employee may
appeal the decision to the Town Manager.
2. The appeal must be submitted in writing to the Manager within ten days after
delivery to the employee of the decision being appealed.
3. The Manager will review the appeal and communicate a decision in writing to all
concerned parties within 20 days of the Manager having received the employee's
written notice of appeal.
C. Step Three: Appeal to the Grievance Review Committee (GRC)
1. If the employee is not satisfied with the Town Manager's decision or if no
decision has been rendered within 20 days after submission to the Manager, and
provided the employment matter is subject to a Step Three appeal, the employee
may appeal the decision to the GRC.
2. Only disciplinary actions taken by the Town that involve termination, reduction in
pay, demotion, suspension, or reduction in pay in lieu of suspension without pay
are subject to a Step Three appeal to the GRC.
3. An appeal must be submitted in writing to the Human Resources Department
within ten days after delivery to the employee of the employment matter being
MOU 7/1/08 - 6/30/2011 Page 12 of 30
appealed. If the employee fails to submit a written appeal within ten days, the
lower action will be automatically affirmed.
Section 5-6: Rules of Appeal to the Grievance Review Committee
A. Method of Appeal
The appeal will be a written statement, addressed to the Grievance Review
Committee (GRC) through the Human Resources Department, explaining the
employment matter appealed, the action desired, and the reasons for it. The appeal
shall also include all previous correspondence concerning the matter.
B. Human Resources Director to Determine Jurisdiction
Upon receipt of the written appeal, the Human Resources Director shall confirm
that the appeal raises an employment matter subject to review under this MOU. The
Human Resources Director's determination may be appealed through the Contract
Review Committee Process set forth in this MOU. Upon the Human Resources
Director's determination that the appeal raises an employment matter subject to review,
the GRC shall request the Town to furnish copies of all correspondence and any part of
the appellant's personnel file pertaining to the issue being appealed.
C. Notice of Hearing
1. Within 30 calendar days of the Human Resources Director's determination that
the appeal raises an employment matter subject to review under this MOU, the
GRC shall set a date for a hearing. The chairperson of the GRC shall notify all
interested parties of the date, time, duration and place of the hearing.
2. The hearing should take place within 60 days of the Human Resources Director's
determination that the appeal raises an employment matter subject to review
under this MOU, unless the time is extended by the GRC, or unless the GRC is
unable to hear the appeal within that time, or for good cause.. In no event shall
the hearing take place sooner than 21 calendar days from the date of the hearing
notice or later than six months from the date the employee files the appeal.
D. Pre-Hearing Exchange of Information
1. Not later than ten days before the hearing, the Town and the employee shall
disclose to each other and to the GRC the witnesses each anticipates calling at
the hearing; a synopsis of their testimony; and a list of documents each
anticipates presenting to the GRC; and the names, work addresses, and work
telephone numbers of any individuals who will be acting as representatives.
Witnesses, in their own discretion, may decide whether they wish to be
interviewed.
2. Within three days after the Town's receipt of the employee's written request for
the investigative file, the Town shall disclose to the. employee a complete copy of
MOU 7/1/08 - 6/30/2011 Page 13 of 30
the investigative file and the names and work addresses of all persons
interviewed during the course of the investigation.
E. Hearings
1: The employee shall appear personally, unless physically unable to do so, before
the GRC at the time and place of the hearing.
2. The hearing shall be of sufficient duration to allow adequate time for the matter to
be presented.
3. The employee may be represented by any person or attorney (other than a GRC
Member or a Town employee) who is willing and is not a witness or otherwise
involved in the matter.
4. The Town may also be represented by an attorney or other representative acting
on the Town's behalf.
5. Except as provided in Section 5-6(J)(3), the parties are individually responsible
for their own attorney's fees:
6. The hearing shall take place in executive session unless the employee requests
in writing that the hearing take place. in open session.
7. The hearing- shall be limited to the specific cause(s) of the disciplinary action
giving rise to the appeal. However, evidence of relevant past misconduct and/or
relevant disciplinary action, if any, shall be admissible.
8. The hearing will be recorded by audio or video recorder, or other mechanical or
electronic means.
9. If following the hearing a party requests a copy of the transcript of the hearing,
the cost of the copy, including preparation of the transcript, shall be paid by the
party or parties ordering them.
10.The employee may submit a written request to the Human Resources
Department to withdraw the appeal at any time prior to the decision by the GRC
F. General Conduct of the Hearing.
1. The Chairperson shall call the hearing to order, introduce all parties, summarize
the issues and relief requested, outline the hearing sequence, and swear in all
witnesses.
2. The hearing is informal and the technical rules of evidence do not apply;
however, the Chairperson will preside over the hearing in such a manner as will
best ensure the receipt of reliable. evidence and fairness for the parties within the
general guidelines of these procedures. The Chairperson shall maintain
MOU 7/1/08 - 6/30/2011 Page 14 of 30
appropriate decorum throughout the conduct of the hearing. The decisions of the
Chairperson on the conduct of the hearing will. be final.
3. If the hearing is held in executive session, attendance at the hearing is limited to
the employee, the Chief, each party's attorney or representative, the GRC
members, staff needed to assist the GRC with any administrative tasks and to
carry out its hearing functions, and each witness during his or her testimony. If
the hearing is open to the public, witnesses (other than those listed above) shall
on the request of either party be directed to remain outside of the hearing room
except during their testimony.
4. The Chairperson of GRC may issue subpoenas to compel the attendance of
witnesses and/or the production of documentary evidence. If any person fails to
appear and/or produce a document in response to a duly issued subpoena, the
Chairperson of GRC may, by affidavit setting forth the facts, apply to the Superior
Court for relief.
G. Default Decision
If, after receiving proper notice, the employee or the Chief fails to appear at or
participate in the hearing within 15 minutes of the time set for the hearing, the GRC may
enter a default against the party failing to appear. The GRC may reconsider a default
decision upon a party's submission of proof of exigent circumstances within ten
calendar days of receipt of the default decision.
H. Statements and Questioning of Witnesses
1. The Town or its representative may make an opening statement.
2. The employee or employee's representative may then make an opening
statement.
3. The Town will, present its case first, calling witnesses and presenting its evidence
to establish the reasons for the employment action that is the subject of the
appeal
4. Except as provided in above, a witness may be present in the hearing only during
his or her actual testimony.
5. The employee or representative may ask questions after. the Town has
completed the questioning of each witness.
6. The Town may then ask further questions of the witness limited to those areas
raised in the employee or representative's cross examination of the witness.
7. After the Town's witness testifies and the employee/representative and GRC
members have had an opportunity to ask questions, the witness will be
dismissed.
8. When all witnesses of the Town have been heard, the employee/representative
will present his/her witnesses and evidence in the same format. The Town may
ask questions of the employee's witnesses after the employee/representative has
completed questioning the witness. The employee/ representative may then ask
further questions of the witness limited to those areas raised in the Town's cross
examination of the witness.
9. Rebuttal witnesses may be permitted to testify as the GRC determines
appropriate.
10. GRC members may ask questions of a witness at any time.
11. Each side may call disclosed witnesses who are believed to be relevant. Each
party is responsible for securing the attendance of their own witnesses; however,
the Town will make Town employees available for the hearing, if timely. disclosed
and requested.
12. No witnesses or documents will be considered by the'GRC that were not
disclosed during the pre-hearing exchange of information unless the party can
show that the witness or documents are newly discovered, there was prompt
disclosure, and the evidence is crucial. In addition, the GRC, may, at its
discretion, exclude certain witnesses or documents even if timely disclosed if it
finds such evidence to be irrelevant, cumulative, redundant, or overly
inflammatory.
13. After all witnesses have been questioned, first the Town and then the employee,
and then the Town may make closing statements. Because the Town has the
burden of supporting its decision, it has the right to open and close the argument.
I. Submission to the GRC
1. After all evidence has been submitted and closing statements have been made,
the parties and their representatives will be excused. The GRC will then
deliberate in private. Following deliberation, the GRC will vote in open session
and render a decision. The decision shall be based on a majority vote of the
GRC members. The~voting shall be by roll call.
2. The only decision the GRC may make is either to uphold or overturn the action of
the Town being appealed by the employee. If, after the hearing, the GRC
determines that there was just-cause for the action taken by the Town, then the
action shall be affirmed.
J. Findings
Within ten days after the conclusion of the hearing, the GRC shall prepare and
distribute the GRC's final decision to the employee, the Town Manager, Human
Resources Director and the Chief.
MOU 711/08 - 6/30/2011 Page 16 of 30
2. If the GRC overturns the action of the Town, the employee will-receive back
payment for wages and benefits, if any, lost as a result of the Town's action.
3. Pursuant to A.R.S. §§ 38-1004(C) and 38-1007, the GRC may award reasonable
costs and attorney's fees to .the employee, not to exceed $10,000, if the
employee was appealing an employment matter involving demotion, dismissal, or
a suspension.
4. If necessary, the GRC may set a hearing, no .later than ten days from the
conclusion of the appeal hearing, to make findings as to the amount of attorney's
fees to award to the employee. An award of attorney's fees shall not be made if
the disciplinary action related to off-duty activities unrelated to the required duties
of the employee.
Section 5-7: Grievance Review Committee
A. Composition
1. The Grievance Review Committee (GRC) shall be composed of three members,
who shall be residents of Marana. One member of the GRC shall be appointed
by the Association, one member of the GRC shall be appointed by the Town
Manager, and the third member shall be selected by agreement of the two
appointed members. The Chairperson of the Board shall be selected by
agreement of the two appointed members. GRC members shall serve terms of
one year, which shall automatically held over unless the member is replaced.
GRC members may not be Town employees or elected officials.
2. GRC members serve in a voluntary capacity and shall not be compensated nor
shall they receive any benefits from the Town for their service on the GRC.
B. GRC Attorney
The GRC may be assisted by an attorney who is appointed by and paid for by
the Town. The GRC Attorney will remain the same through individual cases. The Town
and the GRC will be represented by separate attorneys.
C. Meetings
1. The GRC meetings shall be arranged by the Human Resources Director when an
appeal is filed by an employee.
2. A majority of the members of the GRC shall constitute a quorum for the
transaction of business. Any decision of the GRC shall require two affirmative
votes.
3. Meetings shall be properly noticed and conducted in accordance with the Arizona
Open Meeting Law and such operational rules and procedures as shall be
adopted by the GRC.
MOU 7/1108 - 6/30/2011 Page 17 of 30
4. All meetings shall be recorded and accurate minutes shall be approved by the
GRC and forwarded to the Town Clerk.
D. Final Decision
All decisions of the GRC are final and not subject to further review within any
Town process.
Section 5-8. Conference Board• Conference Board Procedures
A. It shall be the duty of the parties to exert every reasonable effort to settle all disputes
concerning the terms and conditions of this MOU. The parties agree to negotiate in
good faith all disputes arising from this MOU.
B. Conference Board meetings shall be held upon request of either the Association or
the Town. Once a request is made fora meeting, the meeting shall. be held within ten
days.
C. The purpose of these meetings shall be to resolve any dispute or difference in
interpretation of this MOU. A maximum of four employee members of Department
management and four employee members of the Association shall attend these
meetings.
D. Arrangements for the meeting shall be mutually agreed upon by all parties. Both the
Association and the Town shall notify each other in writing of the subjects they wish to
discuss no later than three days in advance of the meeting.
E. Upon request of either the Association or the Chief, the Town Manager will be asked
to participate.
F. If the dispute cannot be resolved to the satisfaction of either of the Association or the
Town through the Conference Board, either party may request a hearing before the
Contract Review Committee. The hearing request shall be submitted to the Human
Resources Director within the 45-day period immediately following the first meeting held
by the Conference Board.
Section 5-9: Contract Review Committee
A. Composition
The Contract Review Committee (CRC) shall be composed of five members, who
shall be three current Town council members and two citizens who shall be
residents of Marana. The Town Council members shall be appointed by the
Mayor and Council, one citizen member shall be appointed by the Town Manager
and one citizen member shall be appointed by the Association. The Mayor and
Council shall appoint one of the Town council committee members to serve as
chair of the CRC. CRC members shall serve a term of one year will
automatically be held, over unless replaced.
MOU 7/1/08 - 6/30/2011 Page 18 of 30
2. The CRC members serve in a voluntary capacity and shall not be compensated
nor shall they receive any benefits from the Town for their service on the CRC.
3. If a member cannot serve for a full term the original appointing body shall appoint
a replacement.
B. Purpose
The purpose of the CRC shall be to make a recommendation of action to the full
Town Council regarding resolution of disputes regarding interpretation of this MOU.
C. CRC Attorney
The CRC may be assisted by the Town Attorney's Office.
D. Meetings
1. The CRC meetings shall be arranged by the Human Resources Director when a
request. is filed by the Association or the Chief.
2. A majority of the members of the CRC shall constitute a quorum for the
transaction of business. Any recommendation of the CRC shall require three
affirmative votes.
3. Meetings shall be properly noticed and conducted in accordance with the Arizona
Open Meeting Law.
4. All meetings_shall be recorded and accurate minutes shall be approved by the
CRC and forwarded to the Town Clerk.
E. Scheduling
The Human Resources Director shall schedule the hearing of the Contract
Review Board no later than 30 days following receipt of the request, unless this time
limit is waived by mutual consent of both of the parties. The parties shall submit
position papers and supporting- documentation to the Human Resources Director at
.least 15 days in advance of the scheduled hearing. The Human Resources Director
shall provide copies of all documentation to the Contract Review Board and the parties
at least 7 days in advance of the scheduled hearing.
F. CRC Hearing
1. The hearing shall be of sufficient duration to allow adequate time for the matter to
be presented. The Association may be represented by any member of the
Executive Board or employee member of the Association and the Town may be
represented by the Chief.
MOU 7/1 /08 - 6/30/2011 Page 19 of 30
2. Either party may consult with attorneys, but shall not be represented by attorneys
at a CRC hearing. The parties are individually responsible for their own
attorney's fees.
3. The hearing shall take place in public session and shall be limited to the specific
issue of contract dispute.
4. The hearing will be recorded by audio or video recorder, or other mechanical or
electronic means.
5. If following the hearing a party requests a copy of the transcript of the hearing,
the cost of the copy, including preparation of the transcript, shall be paid by the
party or parties ordering them.
6. Either party may submit a written request to the Human Resources Department
to withdraw the disputed matter at any time prior to the hearing by the CRC.
G. General Conduct of the Hearing
1. The Chairperson shall call the hearing to order, and introduce all parties, and
ensure equal time is afforded to both parties for presentation of the issues.
2. Each party shall have the opportunity to present its position to the CRC and the
preferred recommended solution.
3. The hearing is informal and the technical rules of evidence do not apply;
however, the Chairperson will preside over the hearing in such a manner as will
best ensure the receipt of reliable evidence and fairness for the parties within the
general guidelines of these procedures. The Chairperson shall maintain
appropriate decorum throughout the conduct of the hearing. The decisions of the
Chairperson on the conduct of the hearing will be final.
4. The hearing is open to the public.
H. Statements
1. The party initiating the complaint shall present its position first.
2. Each .party shall have an opportunity to present a rebuttal statement. A
reasonable time period during the hearing may be granted by the CRC to the
parties to prepare a rebuttal statement.
3. Each party shall have an opportunity to make a closing statement.
4. The CRC shall have the opportunity to ask questions of either party.
5. The CRC shall have the option of continuing the hearing to a date certain if the
CRC determines it needs additional information to make a recommendation.
MOU 7/1/08 - 6/30/2011 Page 20 of 30
I. Findings
1. The CRC shall reach a recommendation at the conclusion of the CRC meeting.
This recommendation shall be placed on the next available agenda for action by
-the Town Council.
2. If the parties reach agreement on a resolution of the disputed item during the
CRC process, the agreement will be placed on the next available agenda for
action by the Town Council.
ARTICLE 6; WAGES AND BENEFITS
Section 6-1: Wages
A. The Association and the Town will work together to find a fair and reasonable pay
scale for all employees, to be incorporated into this MOU.
B. Step Pay Plan
1. Sworn personnel and dispatchers covered under this MOU shall be placed on an
eight step pay plan that will start from the date of hire.
2. Sergeants shall be placed on a four-step pay plan from the date of promotion
from officer.
3. For the purposes of this step plan, the employee's anniversary date shall be the
date of the most recent personnel action involving a hire, promotion or demotion.
An anniversary date shall not change for a lateral transfer or special assignment.
4. Sworn personnel and dispatchers (after FY 2009) shall be eligible move to the
next higher step on the employee's anniversary date based on an evaluation of
job performance using the Town's performance management system.
5. Sworn personnel and dispatchers (after FY 2009) at the top step shall be eligible
fora 5% lump sum bonus on the employee's anniversary date based on an
evaluation of job performance using the Town's performance management
system.
6. Dispatchers converting to the eight-step pay plan in FY 2009 shall be eligible for
placement on a step that provides not less than a 5% annual increase on the
employee's anniversary date based on an evaluation of job performance using
the Town's performance management system. Where the step placement
results in less than a 5% annual increase, the dispatcher. shall receive a lump
.sum amount for the difference on the employee's anniversary date.
MOU 7/1/08 - 6/30/2011 Page 21 of 30
7. Attachment "A" to this MOU incorporates the step pay plan for sworn personnel
and dispatchers covered by this MOU. This step pay plan shall be in place for
the duration of this MOU unless modified as provided in Section 6-9 of this MOU.
C. Open Range Pay Plan
1. Non-sworn employees covered under this MOU, excluding dispatchers, shall be
placed on an open-range pay plan.
2. Attachment "B" to this MOU incorporates the open range pay plan for non-sworn
personnel, excluding dispatchers, covered by this MOU.
3. Pay increases shall be based on an evaluation of job performance during the
month of July using the Town's performance management system.
4. For fiscal year 2009, non-sworn personnel, excluding dispatchers, may be
eligible for a wage increase of up to 5% effective the first full pay period in
September, 2008 based upon an evaluation of job performance. Pay increases
for subsequent fiscal years covered by this MOU (FY 2010 and beyond) shall be
determined as provided in Section 6-9 Wage Reopener of this MOU. .
Section 6-2: Specialty Pay
A. Any police officer assigned as a Detective in the Criminal Investigations Unit will
receive 10% special assignment pay for the duration of the assignment.
B. Any patrol officer or dispatcher assigned as a Field Training Officer (FTO) will
receive one hour of overtime added to any shift during which the officer or dispatcher is
training a new employee.
Section 6-3: Officer In Charge (OIC); Dispatcher In Charge (DIC)
A: Police Patrol Ofi•icers designated by the Chief as Officer in Charge (OIC) shall
receive a 5% increase. in pay for the hours worked in an acting first-line supervisory
capacity when there is no first-line supervisor working a patrol shift. The Chief shall
determine the method for appointing an OIC.
B. Dispatchers designated by the Chief as Dispatcher in Charge (DIC) shall receive a
5% increase in pay for the hours worked in an acting first-line supervisory capacity
when there is no first-line supervisor working a dispatch shift. The Chief shall determine
the method for appointing a DIC.
Section 6-4: Overtime
A. For the purposes of this MOU, overtime shall be defined as all hours worked in
excess of 40 hours in the seven-day work period defined by Town policy. Paid time off
for holidays as defined in this MOU shall be included in computing the number of hours
worked for overtime compensation.
MOU 7/1/08 - 6/30/2011 Page 22 of 30
B. Overtime may be authorized and required by the Chief when it is in the best interest
of the Town. Overtime shall be authorized in advance by the Chief, unless emergency
situations preclude advance authorization.
C. Overtime compensation for employees shall be computed in accordance with the
Fair Labor Standards Act. If overtime is to be paid, it must be recorded and paid, at one
and one-half times the regular rate of pay, on the next regular pay day following the
conclusion of the pay period in which the overtime was worked. If overtime is to be
applied to compensatory time, it must be recorded at one and one-half times the
number of hours worked.
D. The decision to be paid overtime in cash or to record it as compensatory time shall
be at the discretion of the employee.
E. Compensatory time shall not accrue beyond 80 hours maximum.
F. Accumulated compensatory time shall be paid:
1. When the accrued compensatory time exceeds the maximum. Payment will be
for that amount which exceeds the maximum
2. Upon separation for any reason, including death of the employee.
3. When an employee transfers or promotes to a position not eligible for overtime.
G. A request for use of compensatory time shall be made in the same manner that a
request for vacation leave is made.
Section 6-5: Court Overtime
A. When court time constitutes overtime, an employee shall be entitled to a minimum of
two hours overtime compensation, or the actual number of hours worked, whichever is
longer. The employee shall be required to comply with the court attendance verification
system prescribed'by the Chief.
B. For purposes of this Article the term "Court" shall be defined as including Federal
District Court, any Superior Court, any municipal court, any county court, Federal, State,
and county grand juries, Motor Vehicle Department hearings, and prosecutorial and
defense interviews. It is understood that the term "Court" shall not apply to Town
administrative hearings including but not limited to arbitration hearings pursuant to the
MOU and Town Personnel Action Review Board hearings.
Section 6-6: Jury Dutv
When an employee is called upon to serve as a juror in any court action, the
employee will be allowed leave from their duties without loss of pay for the time required
for this service. Any remuneration received by the employee from the court as payment
for jury service shall be turned over to the Town.
MOU 7/1 /08 - 6/30/2011 Page 23 of 30
Section 6-7: Call-out Pay
A. When an employee is called back to regular duty more than one hour after leaving
Town facilities at a time other than the employee's regular assigned shift, to pertorm
unscheduled duties which are in excess of the employee's regular hours of work, the
employee will receive a minimum of two hours overtime each time called out, or the
actual overtime worked, whichever is greater. Calculation of the actual hours worked
shall begin at the time of the call-out and shall include travel time to and from the place
the employee is directed to report to work.
B. Travel time shall not apply when an employee is working overtime that is scheduled
or planned in advance.
Section 6-8: Shift Differential Pav
An employee shall receive 90 cents per hour in addition to the employee's base
hourly rate of pay when working a shift which falls between 6:00 p:m. (1800 hours) and
6:00 a.m. (0600 hours).
Section 6-9: On-Call Assignments; On-Call Pav
A. The following assignments shall be eligible for on call pay: Detective, Accident
Reconstructionists, SWAT, PIO, Crime Scene Specialists and K-9 units.
B. Sworn personnel in eligible assignments shall receive on call pay of $.50 per hour
for the hours outside of their normal work week that they are assigned to be on call and
available, but not actually working. Hours actually worked outside of the regular work
shift shall be compensated as time worked, except as provided otherwise in this MOU.
C. The Chief shall determine the length, duration and rotation of on-call assignments.
Section 6-10: Wage Re-opener
The Association and the Town recognize that it is difficult to predict economic
conditions and agree that a wage re-opener may be initiated by either party during the
duration of this MOU for each upcoming fiscal year beginning with fiscal year 2010.
Either the Association or the Town may request a review of the pay plans included in
Attachment "A" and Attachment "B" under this section of the MOU, by providing written
notification to the other party by December 15. Written notification shall be directed #o
the Town Manager if the Association is the initiating party or to the Association
Executive Board President, if the Town is the initiating party. ,Within 30 days of the
receipt of the notice, the representatives shall hold an initial meeting and shall conclude
all discussions regarding changes to the pay plans by March 15. If the parties cannot
agree on proposed .changes to the pay plans, the matter shall be referred to the Town
Council who will hear recommendations from the Town Manager and the Association in
public session. The council may accept, reject or modify proposed changes to the step
pay plan as part of the budget adoption process for the upcoming fiscal year. Except by
MOU 7/1/08 - 6/30!2011 Page 24 of 30
mutual agreement, no issues other than these wages shall be discussed during the
wage re-opener.
ARTICLE 7: HOURS OF WORK/VVORKING CONDITIONS
Section 7-1: Hours
A. ,The regular hours of work for employees covered by this MOU shall be 40 hours in a
seven-day (Saturday through Friday) work period.
B. Employees shall be assigned to work shifts that the Chief determines are best for
the Department.
Section 7-2: Leaves
A. Employees requesting the use of vacation times shall make a written request to their
supervisor. The employee's request shall be granted whenever possible.
B. Employees requesting the use of accumulated compensatory time shall make a
written request to their supervisor. Compensatory time off shall be granted within a
reasonable period after making the request, if such time off does not unduly disrupt the
operations of the Department.
C. If it is necessary to limit the number of employees of any rank on vacation or holiday
.leave at any time or period of time, then employees with greater seniority within that
rank at the Department shall be given priority.
D. When an employee's leave request must be denied due to staffing levels, the
employee may request permission to trade shifts with any other fully qualified employee
of the same rank (if a sworn employee), or of the same classification (civilian
employee), subject to the approval of the supervisor(s) of both employees. When
trading shifts, the Town will incur no liability for overtime except for extended shifts.
E. Employees who are members of the National Guard or any branch of the Armed
Forces may, with the approval of their supervisor, switch days off or use shift trades to
accommodate weekend military duty. The shift trade may be with any other fully.
qualified employee of the same rank (if a sworn employee), or of the same classification
(if a civilian employee), subject to the approval of the supervisor(s) of both employees.
When trading shifts, the Town will incur no liability for overtime except for extended
shifts.
MOU 7/1/08 - 6/30/2011 Page 25 of 30
Section 7-3: Holidays
A. When possible without decreasing the effectiveness of the various municipal
services, employees shall be allowed paid holidays. as provided below:
New Year's Day
Presidents Day
Independence Day
Veteran's Day
Day after Thanksgiving
Martin Luther King's Day
Memorial Day
Labor Day
Thanksgiving Day
Christmas Day
B. When a holiday falls on Sunday, it will be observed on the following Monday. When
a holiday falls on a Saturday, it will be observed on the preceding Friday.
C. Compensation or paid time off when not working a holiday:
When a holiday falls on an employee's regularly scheduled day off, the employee
will be given 8 or 10 hours compensation for that day depending on the scheduled work
day of that employee.
D. Employees covered under this agreement shall be eligible for 16 hours of personal
leave each calendar year. Leave does not accrue and must be used within the calendar
year.
Section 7-4: Payment of Sick Leave at Retirement or Death
Upon the death of an employee the employee's designated beneficiary shall
receive 50% pay for. sick leave accrued at the employee's established hourly rate.
Section 7-5: Uniform, Clothing, and Equipment
A. Anew sworn employee will receive all uniforms and equipment mandated by the
Chief. All sworn employees will receive from the Town a uniform and equipment
maintenance allowance of $1,200, half to be paid in July and half to be paid in January.
B. Anew non-sworn employee shall receive all equipment and non-sworn uniforms
required by the Chief. Anon-sworn employee, who. is required to wear specified work
attire during the performance of their duties, will receive a fiscal year work attire
allowance of $600. This payment will be paid half in January and half in July.
Section 7-6: Return to Work
A. Employees covered under this MOU who are unable to temporarily perform the
essential functions of their regular position due to awork-related illness or injury or off-
duty illness or injury may be eligible for the Return-to-Work Program upon written
certification from a medical care provider. The medical care provider must certify to the
Human Resources Director that the employee may return to work with restrictions for
MOU 7/1!08 - 6/30/2011 Page 26 of 30
the job in question, and that those restrictions are temporary and not expected to last
more than 180 days.
B. Requests will be evaluated based on the restrictions identified by the physician and
the work available that addresses those restrictions. The Town is not obligated to
create work in order to provide an alternative work assignment.
C. Employees with an on-the job injury shall be given preference for an alternative work
assignment. An employee with an off-duty injury may be required to relinquish his/her
alternative work assignment in order to provide an alternative work assignment to an
employee with an on-the job injury, when there is no alternative work assignment
available.
D. Alternative Work Assignments
1. When an employee is approved for an alternative work assignment primary
consideration will be given to job placement within the Department.
2. A secondary consideration will be alternative placement into another department,
including an assignment that is a lower classification than the employee's normal
`job assignment; however there shall be no loss in wages for the hours worked in
an alternative work assignment.
E. An employee participating in the Return-to-Work Program is subject to all rules,
regulations, standards, policies and procedures of the Town and the specific
department.
F. Procedures
1. The procedures for requesting an alternative work assignment shall be
established by the Chief in consultation with the Human Resources Director.
2. Procedures will be disseminated and/or otherwise made available electronically
to all employees covered under this MOU.
Section 7-7: Take Home Vehicles
The Town and the Association agree that the visible presence of the Department
in the community contributes to the public's perception of safety. In addition, sworn
employees serving in certain "on-call" assignments must be available to respond to call-
outsquickly and with the proper equipment. In recognition of these goals the Town and
the Association agree to the following Take Home Vehicle Program for sworn
personnel.
1. All sworn employees covered under this MOU who have established permanent
residency within the Town limits of the Town of Marana as defined by the Chief
shall be eligible for atake-home patrol vehicle or unmarked vehicle, depending
upon their assignment.
MOU 7/1/08 - 6/30/2011 Page 27 of 30
2. When officially scheduled on an on-call status, the following on-call positions
shall be eligible for atake-home patrol vehicle or unmarked vehicle, depending
upon their assignment: Detective, Accident Reconstructionists, SWAT, PIO,
Crime Scene Specialists and K-9 units..
3. The Chief shall establish the procedures for the Take Home Vehicle Program:
4. The Town and the Association agree that this program will be phased in over the
90-day period immediately following the adoption of this MOU and fully
implemented no later than January 31, 2009.
ARTICLE 8;STRIKES AND WORK INTERRUPTION
It is understood and agreed that the Association and its members shall not
participate in the instigation, organization, leadership, or execution of any strike, work
stoppage, slow-down, or other form of concerted work interruption, and further agree to
assist, fulfill, and provide the continuing orderly execution of all police services. Any
violation of this Article shall be a material breach of this MOU, which may then be
immediately terminated by the Town upon written notice to the Association.
The Association acknowledges that any employee involved in any of the conduct
described in this Article is subject to discipline, up to and including termination.
ARTICLE 9; MISCELLANEOUS
Section 9-1: Saving Clause
If any Article or Section of this MOU should be held invalid by operation of or by
final judgment of any tribunal of competent jurisdiction, or if compliance with or
enforcement of any Article or Section should be restrained by any tribunal, the
remainder of this MOU shall not be affected thereby; and upon issuance of such final
decree, the parties, upon request of either of them, shall meet and confer and endeavor
to agree on a substitution provision or that a substitute provision is not to be included.
.Section 9-2: Seniority
Seniority shall be considered in the setting of vacation schedules and shift
assignments.
Section 9-3: Term and Effect of MOU
A. The MOU shall be and remain in full force and effect, following adoption and
approval by the Mayor and Council, beginning with the 1st pay period in July, 2008
through June 30, 2010.
MOU 7/1/08 - 6/30/2011 Page 28 of 30
B. Notification of intent to renegotiate this MOU by either party shall be in writing, not
less than 90 days prior to the expiration of this MOU.
C. Contract termination or expiration shall result in immediate cancellation of all
provisions contained in this MOU, except for the conditions and processes of re-
negotiation., and all such provisions shall remain canceled until a new contract is ratified
with the following exceptions:
1. If negotiations are underway, the terms and conditions of the MOU shall
automatically be extended for a period of 90 days or may, by mutual consent of
the parties,, be extended for a period not to exceed one year.
2. If an election process under the Meet and Confer Ordinance should occur during
negotiations and necessitate any delay in negotiations, the terms and conditions
of this MOU will automatically be extended for a like period of time.
D. By mutual consent of the parties, this MOU may be opened at any time for
amendment. Any request for amendment shall be in writing and shall contain a detailed
statement of the changes desired and reasons for them. The first meeting for
negotiating the amendment will be scheduled within a reasonable period of time not to
exceed 30 days after mutual consent to reopen. No changes shall be considered other
than those directly related to the subject of requested amendments and MOU shall be in
writing, signed and adopted by both parties. Such MOU shall become effective upon
adoption and will remain in effect until the amended MOU expires.
G. This MOU shall be reopened for amendment should there be any reduction by the
State of Arizona in those revenues currently shared by the State with cities and towns
within the State.
H. If any section or provision of this MOU violates existing Federal, State, or Town law,
then such law shall supersede such provisions or sections.
I, The lawful provisions of this MOU art binding upon the parties for the term of this
MOU.
J. This MOU constitutes the total and entire agreement between the parties and no
verbal statement shall supersede any of its provisions.
K. The Town's rules and regulations, administrative directives, departmental rules and
regulations, and work place practices shall govern employee relations unless there is a
specific conflict with this MOU approved by the Town Council pursuant to the
Ordinance. Where a specific conflict exists, this MOU shall govern.
[Signature page follows]
MOU 7/1/08 - 6/30/2011 Page 29 of 30
IN WITNESS WHEREOF, the authorized representatives of the parties have
affixed their signatures below.
TOWN OF MARANA MARANA POLICE OFFICERS
ASSOCIATION
%"
Michael A..Reuwsaat, Town Manager Bill Derfus, P sident
Dated: ~ "' 0'21 `O~ Dated SJ o~~' O~
Accepted by:
MARANA TOWN COUNCIL
Mayor Ed Honea
Dated:
ATTEST:
Jocelyn Bronson, Town Clerk
APPROVED AS TO, FORM:
Frank Cassidy, Town Attorney
Attachment A
Memorandum of Understanding
SWORN EMPLOYEES
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8
0-1yr 1.01-2yrs 2.01-3yrs 3.01-4yrs 4.01-5yrs 5.01-6yrs 6.01-7yrs 7.01+yrs
Police Officer
Monthly $3,464.93 $3,638.18 $3,820.09 $4,011.09 $4,211.65 $4,422.23 $4,643.34 $4,875.51
Annually $41,579.20 $43,658.16 $45,841.07 $48,133.12 $50,539.78 $53,066.77 $55,720.10 $58,506.11
Bi-weekly $1,599.20 $1,679.16 $1,763.12 $1,851.27 $1,943.84 $2,041.03 $2,143.08 $2,250.23
Hourly $19.99 $20.99 $22.04 $23.14 $24.30 $25.51 $26.79 $28.13
STEP 1 STEP 2 STEP 3 STEP 4
0-1yr 1.01-2yrs 2.01-3yrs 3.01+yrs
Sergeant
Monthly $5,120.27 $5,376.28 $5,645.09 $5,927.35
Annually $61,443.20 $64,515.36 $67,741.13 $71,128.18
Bi-weekly $2,363.20 $2,481.36 $2,605.43 $2,735.70
Hourly $29.54 $31.02 $32.57 $34.20
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8
0-1yr 1.01-2yrs 2.01-3yrs 3.01-4yrs 4.01-5yrs 5.01-6yrs 6.01-7yrs 7.01+yrs
Detective (S pecial Assignment)
Monthly $3,811.60 $4,002.18 $4,202.29 $4,412.40 $4,633.02 $4,864.67 $5,107.91 $5,363.30
Annually $45,739.20 $48,026.16 $50,427.47 $52,948.84 $55,596.28 $58,376.10 $61,294.90 $64,359.65
Bi-weekly $1,759.20 $1,847.16 $1,939.52 $2,036.49 $2,138.32 $2,245.23 $2,357.50 $2,475.37
Hourly $21.99 $23.09 $24.24 $25.46 $26.73 $28.07 $29.47 $30.94
NON-SWORN EMPLOYEES
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8
0-1yr 1.01-2yrs 2.01-3yrs 3.01-4yrs 4.01-5yrs 5.01-6yrs 6.01-7yrs 7.01+yrs
Dispatcher
Monthly $2,625.62 $2,827.59 $3,029.56 $3,231.53 $3,433.50 $3,635.48 $3,837.45 $4,039.42
Annually $31,507.48 $33,931.10 $36,354.75 $38,778.40 $41,202.05 $43,625.70 $46,049.35 $48,473.00
Bi-weekly $1,211.83 $1,305.04 $1,398.26 $1,491.48 $1,584.69 $1,677.91 $1,771.13 $1,864.35
Hourly $15.15 $16.31 $17.48 $18.64 $19.81 $20.97 $22.14 $23.30
Note: Dispatch salaries set from top step at 5% increments tram the top step (95%, 90%, 8500/x, 80%, etc.)
MOU July 1, 2008 -June 30, 2011
ATTACHMENT B
Memorandum of Understanding
ANNUAL
JOB TITLE
MIN. MID.
$ 26,523 $ 33,153
$ 32,315 $ 40,394
$ 37,476 $ 46,845
$ 37,476 $ 46,845
MAX.
$ 39, 784
$ 48,473
$ 56,213
$ 56,213
Police Records Clerk
Crime Scene Specialist
Crime Prevention Specialist
Crime Analyst
MOU July 1, 2008 -June 30, 2011
SOWN Ot
TOWN COUNCIL " ~~:
MEETING TOWN OF MARANA v MARANA' ~
INFORMATION ~ ~°
gR1ZONp
MEETING DATE: June 3, 2008 AGENDA ITEM: J. 3
TO: MAYOR AND COUNCIL
FROM: Keith Brann, P.E., CFM, Assistant Director of Public Works, Town
Engineer
SUBJECT: Resolution No. 2008-79: Relating to Development; approving and
authorizing the execution of a development agreement with
Tangerine Road Associates relating to the impact fees for the
Tangerine Crossing development.
DISCUSSION
The Town of Marana passed Ordinance No. 2007.33 creating the Northeast Transportation
Development Impact Fee (NE impact fee) on December 18, 2007. This impact fee requires all
residential dwelling units to pay $6,872 for northeast arterial road construction at the time of
building permit. The NE impact fee anticipates credits for infrastructure built by developers or
right of way dedicated by developers that was part of the cost basis of the fee.
Tangerine Crossing development at the intersection of Tangerine and Thornydale Roads has
previously dedicated eight acres of right of way for Tangerine Road through both its block plat
and a commercial center final plat. The Town entered into a development agreement with
Tangerine Road Associates per Resolution No. 2004-98 on July 6, 2004. That development
agreement also contemplated a future roadway impact fee and stipulated credits for right-of--way
dedication.
The proposed impact fee development agreement for Tangerine Crossing credits the eight acres
ofright-of--way dedication at $30,000 per acre, which is the cost basis from the impact fee. The
total credit will be $240,000 which, based on the number of lots in Tangerine Crossing, will
reduce their impact fee from the adopted $6,872 to a net fee of $6,242 per lot.
Prior to the implementation of the NE impact fee, Tangerine Crossing paid a $3,500 roadway
contribution for regional arterial roadway improvements. That contribution per the previous
development agreement was also to be credited against regional roadway impact fees if ever
adopted. Since the NE impact fee is greater than the roadway contribution, the proposed
development agreement simply abolishes the roadway contribution rather than collecting it and
then crediting it.
ATTACHMENTS
Tangerine Crossing Impact Fee Development Agreement
Tangerine Crossing Impact Fee DA 5-29-08 KEB
RECOMMENDATION
Staff recommends Council approval of Resolution No. 2008-79, authorizing the execution of a
development agreement with Tangerine Road Associates relating to the impact fees for the
Tangerine Crossing development.
SUGGESTED MOTION
I move to approve Resolution No. 2008-79.
-2-
MARANA RESOLUTION N0.2008-79
RELATING TO DEVELOPMENT: APPROVING AND AUTHORIZING THE EXECUTION
OF A DEVELOPMENT AGREEEMENT WITH TANGERINE ROAD ASSOCIATES
RELATING TO THE IMPACT FEES FOR THE TANGERINE CROSSING DEVELOPMENT.
WHEREAS, the Town of Marana passed Ordinance No. 2007.33 creating the Northeast
Transportation Development Impact Fee to fund future regional arterial road construction in
northeast Marana; and
WHEREAS, the development known as Tangerine Crossing has dedicated rights of way
in support of regional arterial road construction of which the Northeast Transportation
Development Impact Fee was based upon; and
WHEREAS, a previous development agreement under Resolution No. 2004-98 between
the Town and Tangerine Road Associates anticipated credits for rights of way dedications; and
WHEREAS, Arizona Revised Statures, § 9-463.05 requires that developer dedications
and improvements shall be considered for credit against applicable impact fees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Mayor is authorized to execute a Development Agreement with
Tangerine Road Associates for the purposes of establishing an agreement to allow credit against
applicable impact fees for rights of way dedications.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the agreement.
PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 3rd day of June, 2008.
Ed Honea, Mayor
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
TOWN OF MARANA
DEVELOPMENT AGREEMENT REGARDING
DEVELOPMENT IMPACT FEE CREDITS FOR
TANGERINE CROSSING
THIS AGREEMENT (this "Agreement") is entered into by and between the TOWN of MARANA,
an Arizona municipal corporation (the "Town"), and TICOR TITLE AGENCY N0.12133 and its
beneficiary TANGERINE ROAD ASSOCIATES, An Arizona General Partnership (collectively, the "De-
veloper"). The Town and the Developer are sometimes collectively referred to as the "Parties," each
of which is sometimes individually referred to as a "Party."
RECITALS
A. This Agreement is entered into and authorized pursuant to A.R.S. § 9-500.05.
B. The Town has adopted certain development impact fees for roads pursuant to A.R.S.
§ 9-463.05.
C. The Developer is developing the lands described and depicted on the subdivision plats
recorded in the Pima County Recorder's office at Book 60 of Maps and Plats, Page 87 ("Tanger-
ine Crossing"); at Book 62 of Maps and Plats, Page 20 (Amended Final Plat for Tangerine
Crossing); and a proposed plat that will contain 361ots (Tangerine Crossing Block 3).
D. The Developer is entitled to credit pursuant to A.R.S. § 9-463.05(B)(3) toward the
payment of the Town's adopted development impact fees based on the required dedication of
public sites and improvements provided or to be provided by the Developer in connection with
the development of Tangerine Crossing.
E. The Developer and the Town entered into a development agreement which is recorded
at Docket 12340, Page 3077. This agreement required a $3,500 per unit roadway contribution.
The agreement anticipated a development impact fee and agreed to credit the developer for the
roadway contribution and rights of way for Tangerine road if such a fee were passed.
F. The Parties desire to memorialize their agreement concerning the amount of the devel-
opment impact fee credit applicable to Tangerine Crossing.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set
forth in this Agreement, the Parties hereby agree as follows:
1. Credit toward arterial roadway development impact fees.
1.1. Total value. The total value of benefiting arterial rights of way dedicated by the Devel-
oper to the Town in connection with the development of Tangerine Crossing is $240,000 for 8.0
acres.
1.2. Total lots. The total number of residential lots anticipated to be constructed in connec-
tion with the development of Tangerine Crossing is 381.
lot.
1.4. Current fee. As of the date of this Agreement, the Town's arterial roadway development
impact fee that would apply to Tangerine Crossing before the credit is $6,872. Subtracting the
$630 credit, the current net arterial roadway development impact fee for Tangerine Crossing is
$6,242 per lot.
1.5. Future fee revisions. The Town adjusts fees yearly based upon the Engineering News
Record's 20 city construction cost index (CCI). As impact fees are adjusted, the net arterial
roadway development impact fee shall be similarly adjusted. If the Town amends its arterial
roadway development fee applicable to Tangerine Crossing, the fee per lot shall be the then-
applicable fee minus a CCI-adjusted $630.
1.6. Roadway Contribution. In lieu of separate collection of Tangerine Crossing's roadway
contribution and subsequent credit of the contribution against the Town's development impact
fee, the Town will only collect the development impact fee and the roadway contribution is
hereby abolished once the development impact fee collection begins.
2. Miscellaneous
2.1. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs,
executors, administrators, successors and assigns of the Parties.
2.2. Cancellation for conflict of interest. This agreement is subject to A.R.S. § 38-511, which
provides for cancellation in certain instances involving conflict of interest.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
TOWN:
1.3. Credit per lot. The credit against arterial roadway development impact fees is $630 per
THE TowN o>~ MARANA, an Arizona municipal Jocelyn C. Bronson, Clerk
corporation
APPROVED AS TO FORM:
By:
Ed Honea, Mayor
Date:
ATTEST:
{00000968.DOC /}
Frank Cassidy, Town Attorney
-2-
DEVELOPER:
Ticor Title Agency of Arizona, An Arizona
Tangerine Road Associates, an Arizona General Corporation, as trustee under Trust No. 12133
Partnership
By:
By:
Dean Wingert, its
Date:
Date:
{00000968.DOC /}
STATE OF ARIZONA )
ss
County of Pima )
The foregoing instrument was acknowledged before me on by Dean
Wingert, its of Tangerine Road Associates, an Arizona General Partnership,
on behalf of the corporation.
My commission expires:
STATE OF ARIZONA )
ss
County of Pima )
Notary Public
The foregoing instrument was acknowledged before me on by
of TICOR TITLE AGENCY, An Arizona Corporation,
as trustee of Trust No. 12133, on behalf of the trust.
My commission expires:
Notary Public
{00000968.DOC /} 4
~nNN nF
TOWN COUNCIL
MEETING TOWN OF MARANA 9 Mnr~rv,a ;
INFORMATION
'~aIZON~'
MEETING DATE: June 3, 2008 AGENDA ITEM: L.1
TO: MAYOR AND COUNCIL
FROM: Michael A. Reuwsaat, Town Manager/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 19 and 20, and veto letter on HB 2585 -General Obligation Bond
Requirements.
RECOMMENDATION
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative issues.
SUGGESTED MOTION
Mayor and Council's pleasure.
JCB/OS/27/2008/10:56 AM
Bulletin -Issue 19 -May 16, 2008
IN THIS
ISSUE
State Budget Standstill
Continues ..................................... 1
House Fails To Override Veto Of
Local Immigration
Enforcement ................................. 1
G.O. Bond Bill Heads
To Governor ................................. 1
Water Supply Disclosure Easily
Advances ...................................... 2
News From The National League
Of Cities On Collective Bargaining
Bill ............................................... 2
Governor Signings ....................... 3
Resolutions Training
A Success ..................................... 3
The Weekly Spotlight .................. 3
Legislative Bulletin is published by the
League of Arizona Cities and Towns.
Fotwazd 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
Internet: www.azleague.org
STATE BUDGET STANDSTILL CONTINUES
While there were many rumors of action on a Republican budget this week, there was
no visible progress. The Legislature continues to post light calendars while budget
negotiations go on. Currently, Republican leadership in both chambers is working
within the caucus to determine budget priorities; details on progress or provisions are
few and far between. The Valley Citizens League hosted a forum about the state
budget, with House Speaker Jim Weiers (R-Phoenix) and Minority Leader Phil
Lopes (D-Tucson) discussing the budget issues and possible solutions. Both
legislators acknowledged that tax increases were not a viable option, which only
leaves spending reductions to solve the estimated $2 billion deficit. The largest
hurdle appears to be bonding for school construction, something that conservative
members oppose and that many others view as necessary to solve the budget issues
without drastically reducing state services. While the rumor is that a Republican
budget would not contain bonding for schools, it is unlikely that proposal would
garner enough votes or be approved by the Governor. Though it may be weeks off,
once an agreement is reached, the budget will move quickly through the legislature.
The League will monitor the budget progress and update you as details become
available. In the meantime, please continue talking to your legislators about the
importance of shared revenues, thank them for their partnership in keeping cities and
towns strong during these tough times and remind them of the steps your city or town
is taking to keep its budget in balance.
HOUSE FAILS TO OVERRIDE VETO OF LOCAL
IMMIGRATION ENFORCEMENT BILL
Representative Russell Pearce (R- Mesa) made a surprise motion on Tuesday to
override the Governor's veto of House Bi112807, which created a framework for law
enforcement to deal with immigration issues and identified funding sources to train
local law enforcement in immigration enforcement. The League had worked with the
sponsor, Representative John Nelson (R- Glendale) to address concerns with the
bill and was neutral on the final product. The Governor's veto message cited the
possible state budget impact as a major concern. The reconsideration caught many members by surprise, including
the bill sponsor. The motion needed 40 votes to pass; all of the Democrats voted no and it failed 30-25-5, despite
having passed the House initially with a 56-0 vote.
G.O. BOND BILL HEADS TO GOVERNOR
After a relatively close Senate vote on Wednesday, House Bill 2585, which deals with requirements for the use of
general obligation bond indebtedness, goes to the Governor's Office. The Senate voted 17-10-3 to send the bill up to
the governor. H.B. 2585 was sponsored by Representative Steve Yarbrough (R-Chandler) and the brainchild of
the Arizona Tax Research Association (ATRA). The bill passed out of the House on a 40-19-1 vote back in March.
May 16, 2008
G.O. Bond Heads To Governor contd.
The bill contains the following provisions:
Requires a publicity pamphlet to state in bold-
faced type that the proposed bond issue will
exceed the political subdivision's constitutional
debt limit when combined with current debt and if
all debt were issued at the same time.
Requires that the examples in the publicity
pamphlet that show the estimated impact of the
bonds on the average residential and commercial
properties to use a valuation growth factor that is
50% of the rate used for the growth of aggregate
secondary assessed value instead of a constant
value.
• When asking for voter approval of bonds, the
political subdivision must state not only the
maximum number of years the bond issue may run
but also the minimum number of years the bond
issue may run from its issuance date.
Specifies that an election for the refinancing of
bonds previously voter approved is not required so
long as the weighted average maturity of the
refunding bonds is at least 75 percent of the
weighted average maturity of all the bonds being
refinanced.
The League worked with ATRA on the provisions of
the bill and moved our official position to neutral, but
the Arizona Education Association and the Arizona
School Boards Association remain opposed. We're
not sure if the Governor will sign the bill or veto it,
given the opposition and the relatively close vote in
the Senate.
WATER SUPPLY DISCLOSURE
EASILY ADVANCES
House Bill 2270 (NOW: water supply; disclosure)
will require that, beginning in 2009, cities, towns and
private water companies that are located outside of an
Active Management Area (AMA) provide to any
person who asks a written statement of the water
supply status of real property located in that entity's
service area. The bill previously cleared the Senate by
a 28-0-2 vote in April and passed out of the House on
Wednesday on a 55-0-5 vote. H.B. 2270 now goes to
the Governor where it will undoubtedly become law.
The League will work with the Arizona Department of
Water Resources and the Arizona Department of Real
Estate to help cities comply with the provisions. Look
for further details in the upcoming New Laws Report.
NEWS FROM THE NATIONAL
LEAGUE OF CITIES ON COLLECTIVE
BARGAINING BILL
For Immediate Release Contact:
Sherry Conway Appel, 202-626-3003
May 14, 2008
City Officials Urge the Senate to Vote "NO" on
Mandatory Collective Bargaining Bill
(Washington, DC) -The National League of Cities
(NLC) today urged the Senate to vote "no" on
H.R.980/S. 2123, the "Public Safety Employer-
Employee Cooperation Act of 2007," saying it would
mandate collective bargaining between local
governments and public safety officials while
trampling on the protections of the 10th Amendment
of the Constitution.
"Our opposition to H.R. 980/S. 2123 has nothing to do
with our support for or against collective bargaining,"
said Donald J. Borut, NLC executive director.
"Instead, we are against this unprecedented expansion
of federal government power into the labor relations
decisions of states, cities and towns when they bargain
with their public safety workforces.
"Thirty-five states decided through the legislative and
electoral process that collective bargaining was right
for their state, county, city and town workers. Fifteen
other states decided that collective bargaining was not
the way to go for them. Unfortunately, this new
federal mandate could trample on these decisions.
"This bill has come before the Senate without a single
hearing in which these issues could be addressed. Yet
it raises constitutional questions about the rights of
states and cities; could affect the ability of cities and
towns to respond to emergencies; and would have
serious financial impacts on our cities and towns
already feeling the pressure from the current economic
downturn. Nothing in this bill would improve public
safety or security; in fact, it could have the opposite
effect of forcing cities and towns to reduce their
workforce or equipment levels.
"We strongly urge the Congress to rethink its views on
this bill and we concur with the President that, if
enacted, this bill should be vetoed as it is currently
written.
"No city or town with a population of more than 5,000
would be safe from this federal incursion into its
power. Even municipalities which currently allow
collective bargaining would be impacted. For
example, New York has one of the strongest labor
laws in the country, effectively protecting workers,
governments and the public. This bill could force the
May 16, 2008
News From The National League Of Cities On
Collective Bargaining Bill contd.
state to water down its provisions to meet the new
federal requirement. In another example, Florida
currently has a provision in its collective bargaining
law that provides for non-judicial solutions to
resolving labor disputes. The Senate bill would
require that the courts step in and address labor
disputes, and as a result, Florida would have to change
its statutes.
"States like Virginia and North Carolina that do not
permit state and local government workers to
collectively bargain with their employers, would be
forced to do so within two years of enactment while
following rules and procedures dictated by
Washington.
"There is some irony in this approach by Congress.
The U.S. Capitol Police who work for our senators
and representatives do not have the same collective
bargaining rights that this bill would provide to our
own public safety officers. Although the Capitol
Police are allowed to form and join a union, they are
not permitted to negotiate their wages, hours or
conditions of employment."
For more information, contact Sherry Conway Appel,
202-626-3003.
Note: Another piece from NLC on this issue is in
the attachment.
GOVERNOR SIGNINGS
The Governor signed the following bills this past
week:
Senate Bill 1024, cities; campaign finance; website
Sponsored by Senator Linda Gray (R-Glendale),
S.B. 1024 requires all election authorities to post
campaign finance information on their respective
websites (if they have websites). The bill does have
exemptions: 1) only counties over 100,000 and
municipalities over 2500 have to post; and 2) only if
$500 or more is spent.
Senate Bill 1339, law enforcement; probation;
officers; investigations
Also sponsored by Senator Linda Gray (R-
Glendale) S.B. 1339 modifies procedures for appeals
of disciplinary actions by law enforcement officers
and probation officers, and allows employers of those
parties to use polygraphs in the course of an
investigation.
Neither of these bills had emergency clauses, so they
will become law on the general effectiveness date,
which is 90 days after adjournment of session.
RESOLUTIONS TRAINING A
SUCCESS
The Resolutions Training took place this week on May
16th and was a success. Several cities took advantage
of this opportunity to learn more about the purpose of
resolutions, the resolutions process and how the policy
statement is created and utilized to effectively
advocate for city and town issues at the capitol.
League staff is always available to discuss these
concepts, as well as suggestions to improve the
process. Please feel free to contact us at anytime with
questions on this year's process.
Important upcoming dates for Resolutions:
^ May 30th: Deadline for Mayors to accept
their appointment to the Resolutions
Committee or appoint a councilmember to
represent the municipality.
^ June 16th: Deadline for Resolutions to be
submitted to the League for consideration.
The Weekly Spotlight -
Representative Steve Farley
This week's Spotlight features
Representative Steve Farley (D-
Tucson). Representative Farley is a
45-year old small business owner
and father of Amelia and
Genevieve. He graduated Phi Beta
Kappa from Williams College in
1985 with a bachelor's degree in
political science. He was elected to
the Arizona Legislature as State
Representative from District 28 in
November 2006.
Representative Farley is well-known to Tucsonans as
the artist who gathered personal photos from the
Tucson community and turned them into historic
photograph the murals - using a process he invented.
The representative has been actively involved in city
politics for the past seven years, in particular as a
strong advocate for neighborhoods, downtown
revitalization, and sustainable transportation
improvements.
Along with being a member on many transportation
committees, task forces, and advisory groups,
Representative Farley was honored by the Arizona
Transit Association with the statewide 2006 Friend of
Transit award. He has also collaborated with a broad
range of Tucson environmentalists and government
officials on various livability issues.
Representative Farley has been named "Conservation
Hero" by the Arizona League of Conservation Voters,
May 16, 2008
"Arts Hero" by Arizona Citizen Action for the Arts,
and "Legislative Champion" by the League of Arizona
Cities & Towns. Mr. Farley serves as Ranking
Democrat on the Government and Ways & Means
committees, as well as a Member of the Transportation
committee.
What prompted you to run for the legislature?
What kinds of things do you do to relax -favorite
music, books, etc. ?
What is relaxation? I used to work in a record store
and also lived above it. I still own many records, even
though I do have an iPod, and enjoy my music. I also
enjoy traveling with my daughters.
Thank you for your time.
What prompted me to run for the legislature is
connected with what prompted me to run for public Thank you for the opportunity.
service in general. I was a part of a Citizens' advisory
group, representative of the neighborhood association,
and concerned with issues dealing with local
government and issues overall.
People started commenting on how I had a talent for
this type of work, and encouraged me to run for city
council. I was beat in the primary election, but
because I didn't burn any bridges and was good at
keeping relationships, I gained a lot of support. I had
never really given thought to running for the
Legislature because it had just never occurred to me,
but I realized that I'm a big policy guy. I was at the
top in the primary, and at the top in the general
election, in 2006 when I ran for the Legislature.
How would you get more people interested in the
legislative arena?
I'm actually trying to do that myself. I send the Farley
Report out -every week. The real focus should be to
demystify the process for people. The mystery behind
the Legislature is part of why bad things happen
without people knowing. I'm all about transparency in
government. The more people take part, the more
people will follow. Then more people will lobby, and
more people will actually be motivated to run for the
Legislature.
What's your proudest legislative achievement?
That's yet to come - my bill on texting while driving.
Another achievement I would be very proud of would
be to create aTucson-Phoenix passenger rail. As a
Democrat I love killing bad things, like the 9-11
memorial bill. I was working on it everyday starting in
January until its death.
What do you think is the proper role of state
government? Of local government?
I believe that state government should facilitate how
people do their jobs. There are overreaching needs, but
it should not override local governments unless there
are general constitutional issues. Local government is
closest to the people it represents, more in touch with
their direct needs. I'm all for local and regional
control.
May 16, 2008
What They're Saying:
"We Should Be Protecting Workers' Rights, Not Taking Them Away"
'Congress Should Not Deny State And Local Governments The Choice Of Whether And How To Bargain
Col%ctively With Public Safety Employees"
"It Would Undermine State, County And Municipal Autonomy With Respect To Making Fundamental
Employment Decisions By Mandating Specific Working Conditions"
The Wa//Street Journal`. "As 'unfunded' federal mandates go, this is also a Boozy." "The goal is to give
labor the whip hand with local governments, and further coerce nonunion members to join the dues-paying ranks.
... This arguably violates the Constitution's 10th Amendment, which leaves to the states any powers not
specifically given to the federal government -which presumably includes a state's labor relations. It would also
conflict with constitutions in states like Michigan, raising the threat of protracted legal disputes." (Editorial, "The Union
Police," The Wa//StreetJourna/, 5/12/08)
The Heritage Foundation Bradley Fellow In Labor James Sherk: "Congress should not deny state and local
governments the choice of whether and how to bargain collectively with public-safety employees." (James Sherk,
"Mandatory Public-Safety Collective Bargaining Could Be Made Less Onerous," The Heritage Foundation, 5/13/08)
Association And Leagues Representing Counties, Cities And Towns And Public Employees: "[T]his law is
unnecessary at best and potentially very damaging at worst." "The Public Safety Employer-Employee
Cooperation Act of 2007 would severely damage the historic relationships that exist between state and local
elected officials, their employees, and the constituents they represent.... This legislation would force states and
localities to adopt federal collective bargaining standards, disregard existing state laws and ordinances that were
developed to create an effective and efficient public sector workforce, and place the needs of a select group of
workers -public safety officers - in front of the larger needs of the community or other public sector employees."
(National Association of Counties, National League of Cities, National Association of Towns and Townships, National Sheriffs'
Association, Intemational City/County Management Association, Intemational Municipal Lawyers Association, Intemational Public
Management Association for Human Resources, National Public Employer Labor Relations Association, Letter To The Senate, 5/10/08)
National League Of Cities: "Nothing in this bill would improve public safety or security; in fact, it could
have the opposite effect of forcing cities and towns to reduce their workforce or equipment levels." "[I]t
raises constitutional questions about the rights of states and cities; could affect the ability of cities and towns to
respond to emergencies; and would have serious financial impacts on our cities and towns already feeling the
pressure from the current economic downturn." (National League of Cities, "City Officials Urge The Senate To Vote'No' On
Mandatory Collective Bargaining Bill," Press Release, 5/14/08)
National Sheriffs' Association: "The provisions of collective bargaining would prevent sheriffs from
responding to community needs, having to comply with union contracts, which do not necessarily have
the public good as the first interest." "H.R. 980 ignores the specific needs to each state and municipality in
determining collective bargaining agreements, essentially stripping them of their rights to establish collective
bargaining laws that are conducive to their communities." (National Sheriffs' Association, "Sheriffs Urge Senate To Vote'No'
On Collective Bargaining Bill," Press Release, 5/12/08)
National Association of Counties: "[T]his legislation would severely damage the historic relationships
that exist between state and local elected officials, their employees and the constituents they represent."
"It would undermine state, county and municipal autonomy with respect to making fundamental employment
decisions by mandating specific working conditions, including collective bargaining." (National Association of Counties,
"Urgining Congress To Vote No On Mandatory Collective Bargaining Bill," Press Release, 5/14/08)
International Association of Chiefs of Police: "By mandating a 'one-size fits all' approach to labor-
management relations, H.R. 980 ignores the fact that every jurisdiction has unique needs and therefore
requires the freedom to mange its public safety workforce in the manner that they have determined to be
the most effective." "The IACP believes that H.R. 980 would only harm the efficiency of state and local public
safety agencies by forcing them to divert their precious resources from their primary mission of protecting the
public and instead use them for collective bargaining administration." (International Association of Chiefs of Police, Letter
to Representative Bob Ethridge, 4/18/07)
National Association Of Manufacturers: "What's at play here is the multi-front effort by organized labor to
maximize its political influence by controlling more and more parts of government, a base from which it
can extent influence over private-sector employers." "[T]he bill came directly from the House to the Senate
floor with no hearings in the Senate Health, Education and Labor Committee. Labor must fear the scrutiny." (Carter
Wood, "Calling the Shots," B/og.nam.org, 5/13/08)
This Bill "Would Actually Result In Diminishing The Rights Of Public Safety Employees Who Are Not
Currently Unionized"
New York City Mayor Michael Bloomberg: "[T]he bill could significantly affect the ability of the City of New
York to ensure the safety of the public and the integrity of essential government services and is likely at a
minimum to involve the City in costly and disruptive litigation in federal court." "Though the bill may be
well-intentioned, its fundamental problem, from the point of view of New York, is that it does not clearly distinguish
states like New York that have long provided collective bargaining rights to their employees from states that have
not." (Michael Bloomberg, Letter To Senate Majority Leader Harry Reid, 5113/08)
Shelbyville [TN] City Manager Ed Craig: "The bill would not only put a burden on the city, but also on
public service personnel like fire and police officials, because 'they do not have a choice. It's a closed
shop. They have to be in the union."' "The city would lose their management rights and the public service
officials would lose their rights to meet with management, which would not only include Craig, but the police and
fire chief as well." (Brian Mosely, "Federal Union Bill Concerns City Officials," The She/byvi//e [TN] Times-Gazette, 5/1/08)
Santa Fe [NM] County Commissioner, Harry Montoya: "The Public Safety Employer-Employee Cooperation
Act of 2007 would severely damage the historic relationships that exist between state and local elected officials,
their employees, and the constituents they represent." (Harry Montoya, Letter To Senator Domenici, 4116108)
Senate Health, Education, Labor, and Pensions Committee Ranking Member Mike Enzi (R-WY): "Make no
mistake: the only direct beneficiaries of this legislation are labor Unions." "The bill does not contain a dime
of money or a single provision that would increase the pay or benefits of any firefighter, police officer or first
responder." (Sen. Mike Enzi, "Enzi Rejects'Fatally Flawed' Proposal To Force Unionization On State, Local First Responders," Press
Release, 5/13/08)
• "The administrative costs alone of collective bargaining represent a very significant concern for
states, cities, and especially small towns." "This bill would impose those costs by federal mandate, but
would not provide one single penny of federal money to help offset those costs. The Democrat Congress
wants to buy off big labor, and is trying to stick America's small towns with the bill."
Sen. Orrin Hatch (R-UT): "[T]he Bill that we are considering today would actually result in diminishing the
rights of public safety employees who are not currently unionized." "Once a workforce is unionized, even
employees who do not wish to be a part of a union will have pay deducted from their paychecks, spent in a
manner outside of their control and they will have very little ability to question or alter the legal representation that
has been established with or without their support." (Sen. Orrin Hatch, "Sen. Hatch Introduces Public Employee Bill Of Rights,"
Press Release, 5/13/08)
Sen. Jim DeMint (R-SC): "While American families are facing an uncertain economy, Democrats are
shamefully pushing another job-killing bill to help line the pockets of organized labor." "Let's be honest:
this bill is a political pay-off to big labor bosses, whose political support is needed to keep Democrats in charge of
Congress. We should be protecting workers' rights, not taking them away." (Sen. Jim DeMint, "DeMint To Offer
Amendments To Protect American Workers," Press Release, 5/12/08)
• "Organized labor is rapidly losing membership because the free market is helping workers more than
unions." "Realizing they can't compete in a free market, organized labor is desperately trying to force more
public workers to unionize."
Sen. Lamar Alexander (R-TN): "It is inappropriate for Congress to overturn laws in Tennessee and 20
other states, effectively telling them that we know how to run their communities better than they do."
"Every year that I was Governor, and just about every year since, the state of Tennessee has considered whether
or not it is in the public interest to force local communities to engage in collective bargaining with public
employees. And the answer has consistently been, 'No, it is not."' (Sen. Lamar Alexander, "Alexander Offers Amendment
To Stop Unfunded Federal Mandates On Local Communities," Press Release, 5/13/08)
Bulletin -Issue 20 -May 23, 2008
IN THIS
ISSUE
Budget Update ............................. 1
Governor Vetoes
G.O. Bond Bill ............................ 1
Impact Fees Bill Finally Moves
From Rules Committee ................ 1
Employer Sanctions ..................... 2
Energy Omnibus Bill
Faces New Hurdles ...................... 2
Grill Bill Amended ...................... 3
Resolutions Deadline
Fast Approaching ......................... 3
The Weekly Spotlight .................. 3
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
Internet: www.azleague.org
BUDGET UPDATE
The budget negotiations in the Legislature remain stalled. Two primary issues seem
to be sticking points:
• Each month the revenue numbers show the deficit actually increasing, virtually
nullifying any previously agreed-to cuts; and
• Whether the state should use bonds for new school construction, or continue to
pay cash as they have since the advent of Students FIRST.
We've heard from several sources that budget negotiators are not considering any
cuts to shared revenues. However, we continue to remind our friends in the
Legislature that cities use those revenues for services that the state does not provide,
such as local police, fire service, parks, libraries, etc., and to cut shared revenues
while our sales tax revenues are down would doubly punish cities and towns. We're
encouraged by our friends' assurances that the message has been received and
understood.
Notwithstanding the slow pace on the budget, the Legislative session continues to
plod along as well. Today marks the 131st day of session with no end in sight. This
week is also the third in a row that each chamber adjourned for a four or five day
weekend, frustrating some members because they would rather get work done on
regular bills and adjourn until a budget is finalized.
GOVERNOR VETOES G.O. BOND BILL
House Bill 2585 was vetoed by the Governor on Tuesday (a copy of the veto letter is
attached). The bill would have made changes to city and other local bond programs
by requiring additional content in the publicity pamphlet and placing new restrictions
on bond refinancing. H.B. 2585 was sponsored by Representative Steve
Yarbrough (R-Chandler) with the Arizona Tax Research Association (ATRA) as the primary proponent. Given
the close Senate vote last week (17-10-3), it's doubtful an override will be attempted.
Although the League and several cities worked with ATRA and were neutral on the bill, the Arizona Education
Association and the Arizona School Boards Association remained staunchly opposed.
IMPACT FEES BILL FINALLY MOVES FROM RULES COMMITTEE
House Rules Chairman Bob Robson (R-Chandler) released Senate Bill 1406 on a Rules Committee agenda this
week, nearly six weeks after it passed out of the House Counties, Municipalities & Military Affairs Committee
(CMMA). Largely thought to be caught up in session politics, the bill was also caucused by both parties and is now
ready for action on the House floor. Comments in caucus were limited- Representative Tom Prezelslci (D-Tucson)
noted that this is the third session that the homebuilding community has sought changes to the impact fee statutes
May 23, 2008
Impact Fees Bill Finally Moves From Rules
Committee contd.
and this bill is on the table in spite of last session's
measure, Laws 2007, Ch. 136, having only been
effective for a few months. He indicated he would
oppose the bill as a message to the development
community that enough is enough and suggested his
caucus members do the same.
The League remains neutral on this compromise,
which was brokered by Senate President Tim Bee
(R-Tucson). The bill's most significant change, which
grandfathers developments from new fees or increases
in existing fees for 24 months after the city approves
its plans, is a departure from the current `growth pays
for itself philosophy. However, the bill still allows a
city or town to index their fees annually, which offsets
some of the revenue impacts this provision may have.
Overall, this bill is a reasonable way to address cost
concerns for developers while maintaining local
control over the impact fee process. Stakeholders
from all sides of the issue have agreed to let this
version of the bill go forward without adding any
further amendments.
Since floor calendars remain light, it is difficult to
predict when this will move forward in the House.
Due to a technical rules amendment, it will also have
to go back to the Senate, where President Bee is
expected to concur with the changes. Once re-
approved by the Senate, the bill will go to the
Governor for her action.
EMPLOYER SANCTIONS
House Bill 2745, employer sanctions, was signed by
the Governor May 1, 2008. This bill includes
refinements to last year's legislation of the same
name. There are sections that go into effect
immediately, such as identity theft and contractor
definitions. Most of the provisions that cities and
towns will be involved with are not effective until
after September 30, 2008. These provisions include
licensing, contracts and economic development
incentives. The League is developing guidelines to
assist cities and towns in implementing this law
and will make them available soon.
ENERGY OMNIBUS BILL FACES NEW
HURDLES
It has been a long time since we talked about this bill,
but the huge energy omnibus act of 2008-House Bill
2766-sponsored by Representative Lucy Mason (R-
Prescott) ran into a great deal of difficulty in the
Senate Republican Caucus this week. Many
prominent members castigated the measure as being
poorly thought out and overly broad. Members were
also concerned about the wisdom of several policy
provisions, such as the new restrictions on vehicle
idling.
The League worked extensively with Rep. Mason and
the other stakeholders such as the utilities, the schools,
the counties, the Department of Environmental
Quality (DEQ) and the homebuilders. After many,
many hours of discussion and negotiation, we finally
agreed on provisions that cities could implement to
help the cause of energy conservation. The main
provisions affecting cities and counties will require
reporting to the Department of Commerce the number
of "green building" permits each entity issues.
However, even though the League is neutral on the
bill, it may have a difficult time passing out of the
Senate. Some senators noted that the Governor likes
the bill, so they may attach an amendment that
prohibits DEQ from drafting rules that institute a
"carbon cap" and a California-style vehicle fuel
efficiency requirement. A similar measure was vetoed
by the Governor earlier in the session.
GRILL BILL AMENDED
On Thursday, May 22nd, the Senate passed House
Bill 2643 through its Committee of the Whole with a
major amendment. The underlying bill is a
continuation of the Liquor Department's ability to
approve up to 15 modified restaurant licenses each
fiscal year for establishments that derive between 30
and 40 percent of their gross revenue from food sales,
if the establishments meet certain requirements. This
is also known as the "Grill" license.
The major amendment tacked on was essentially the
contents of House Bill 2395, the driving and
operating under the influence bill that the Governor
vetoed at the end of April. In her veto letter she cited
the reduction for ignition interlock device (IID) usage
as being problematic. Thursday's amendment did not
touch the IID issue, possibly eliminating that
controversy. As you may recall, H.B. 2395 made
several changes to the driving and operating under the
influence statutes. The bill's next stop is Senate Third
Read.
2 May 23, 2008
RESOLUTIONS DEADLINE FAST
APPROACHING
The deadline to submit resolutions is 5:00 pm on June
16th, leaving just over three weeks for cities and
towns to complete their proposals. As a reminder,
resolutions must be properly formatted and be
sponsored by at least two municipalities. League staff
is available to assist you with developing resolutions
and/or navigating the resolutions process. Please
contact Cheyenne Walsh with any questions at
cwalshna,azlea ug e.org or (602) 258-5786.
The Weekly Spotlight -
Representative John Kavanagh
Representative John Kavanagh
(R-Fountain Hills) is a twelve-
year resident of District 8, which
covers most of Scottsdale, Fountain
Hills, Tonto Verde and Rio Verde.
He and his wife, Linda, have been
married for 30 years and have two
sons, Jonathan and Nicholas. Mr.
Kavanagh is a professor of criminal
justice at Scottsdale Community
College and director of the
college's Administration of Justice Studies and
Forensic Science Program. Prior to teaching at
Scottsdale Community College, he taught at Arizona
State University and served 20 years as a police
officer with the Port Authority of New York and New
Jersey Police Department, retiring as a detective
sergeant.
Mr. Kavanagh served six years as a Town Councilman
in Fountain Hills and also served three years on the
Lafayette, New Jersey Town Council. He is a
Republican State Committeeman, Precinct Captain
and member of the Fountain Hills Republican Club.
Awarded a B.A. in Liberal Arts from NYU, he also
holds a Masters Degree in Government from St.
John's University (Queens, NY), and a Ph.D. in
Criminal Justice from Rutgers. A military veteran, he
has served on or belonged to many other government
boards and community service organizations.
Representative Kavanagh is a member of the
Appropriations, Natural Resources and Public Safety
and Public Institutions and Retirement Committees.
He is also the Vice-Chair of the Water and Agriculture
Committee.
What prompted you to run for the legislature?
I have always been interested in and enjoy politics. I
also believe that all citizens have an obligation to
"give back" to society. Politics is one of the ways that
I "give back."
How would you get more people interested in the
legislative arena?
As with most things in life, you are either interested in
them or not. The task is to get those interested in
politics more involved by getting more news about
what we do out to them and making ourselves and the
process more accessible. I invite and promote media
coverage about what I do at the legislature and go to
many, many community events as both a speaker and
participant. I wear a name badge and try and interact
and talk with constituents.
What's your proudest legislative achievement?
Beyond finishing my first year without major
embarrassment, getting a law enacted that greatly
restricts lawsuits by criminals against their victims.
What do you think is the proper role of state
government? Of local government?
State government should provide needed services to
people and enact laws and regulations that cannot be
provided or enacted efficiently by the federal
government or local governments. Local governments
should provide needed services and regulation not
provided by the state or federal government. All of
these activities should be limited in scope and should
seek to maximize individual freedom and
responsibility.
What kinds of things do you do to relax -favorite
music, books, etc.?
I read newspapers, magazines and blogs, often on
politics. I also enjoy travel, movies, old TV programs
and socializing with friends.
Thank you for your time.
Thank you.
May 23, 2008
STATE OF ARIZONA
.JANET NAPOLITANO
GOVERNOR
OFFICE OF THE GOVERNOR
1700 WEST WASHINGTON STREET, PHOENIX, AZ 85007
MAIN PHONE: 602-542-4331
FAC 51 M I LE: 602-542-7 601
May 20, 2008
The Honorable Jim Weiers
Speaker of the House
Arizona House of Representatives
1700 West Washington
Phoenix, Arizona 85007
Re: House Bi112585; General Obligation Bond Requirements
Dear Speaker Weiers:
Today I vetoed House Bi112585, which contains unnecessary and undesirable changes to
the voter information pamphlets counties, cities, community college districts and school districts
are required to publish in advance of general obligation bond elections. It also unnecessaril}~
limits local options to refinance bonds.
Bond elections are an important financing tool for counties, cities, community colleges
and school districts to fund their necessary capital improvements. The changes House Bill 2585
makes to voter information pamphlets obfuscate, rather than clarify, the statistical information
provided to voters. Voters should make informed decisions based on information that is
balanced, transparent and as neutral as possible. Moreover, House Bill 2585 would also
unnecessarily restrict counties, cities, community college districts and school districts, and their
taxpayers, from taking advantage of lower market interest rates by accelerating the repayment of
general obligation debt and refinancing.
For these and other reasons, I have vetoed House Bi112585.
Yours very truly,
~-
J et Napolitano
Governor
JN:LK/jm
cc: The Honorable Timothy S. Bee
The Honorable Steven B. Yarbrough