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HomeMy WebLinkAbout12/16/2008 Council Agenda Packet• .~~'~' r ~A TtAY O~ YMaY REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 16, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member 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 al>~agers and cell phones. • Meeting Times 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. Speaking at Meetings 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. Accessibility 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. Regular Council Meeting -December 16, 2008 -Page 1 of 126 A e~ ndas • Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at ~~.rnarana.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 Monday, December 15, 2008, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center anal at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA 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. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including. any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Resolution No. 2008-165:_Relating to Utilities; approving and authorizing the Mayor to execute an intergovernmental agreement with the Town of Oro Valley for water service Regular Council Meeting -December 16, 2008 -Page 2 of 126 to the New Life Baptist Church located in Marana {Frank Cassidy) • C 2: Resolution No. 2008-166: Relating to Community Development; granting Discretionary Funding in the form of Entertainment Credits to the Students Together Against Narcotics and Drinking, astudent-run grassroots organization, to support "The After Party", an event to keep Marana youth out of harms way after the 2009 Marana High School Prom (T VanHook) C 3: Minutes of the December 2, 2008 regular council meeting COUNCIL ACTION A 1: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile (Kevin Kish, AICP) A 2: Public Hearing: Relating to Alternative Expenditure Limitation (Home Rule Option) (Erik Montague) A 3: Resolution No. 2008-167: Relating to Real Estate; conditionally vacating and authorizing the Town Manager to execute Deeds of Abandonment for strips of the Thornydale Road public right-of--way east of the noise walls constructed on the east side of the recently completed Thornydale Road Improvement Project; conditionally authorizing Town staff to proceed with the installation of chain link fencing to secure the area behind the noise walls; and declaring an emergency (Cedric Hay) A 4: Resolution No. 2008-168: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - • Compensation, Chapter 4 -Employment Benefits, and Chapter 6 -Employee Development; and declaring an emergency (Suzanne Machain) A 5: Resolution No. 2008-169: Relating to Personnel; approving and authorizing an extension of the terms of the sitting and alternate employee board members of the Town's Personnel Action Review Board; and declaring an emergency (Jane Fairall) A 6: Resolution No. 2008-170: Relating to Real Estate; establishing a policy to accommodate Town Supervisory Control. and Data Acquisition (5CADA) antennas at no cost on all communication towers erected on property leased from the Town (Frank Cassidy) A 7: Resolution No. 2008-171: Relating to Utilities; approving and authorizing the Mayor to .execute a Mutual Cancellation of Intergovernmental Agreement and Transition Agreement with Cortaro-Marana Irrigation District and Cortaro Water Users' Association; and declaring an emergency (Frank Cassidy) BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2008-1_72: Relating to Boards, Commissions and Committees; Approving the re-appointments of Bill Ohl and Bob Anderson to the Town of Marana Board of Adjustment. (Kevin Kish, AICP) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: State Legislative Issues: Discussion/Direction/Action regarding all pending bills • before the Legislature (Steve Huffman) EXECUTIVE SESSIONS Regular Council Meeting -December 16, 2008 -Page 3 of 126 E 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. E 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 (1) the lawsuit entitled Town of Marana v. Pima County/Pma County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation to consider the Town's position and instruct the Town's attorneys concerning Fidelity National Title Company, as trustee under Trust Nos. 30,199 and 60,104 vs. Town of Marana, et al., Pima County Superior Court Case No. 020082776. E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(4), for discussion or consultation to consider the Town's position and instruct the Town's attorneys regarding (1) a November 14, 2008 claim filed by Cortaro-Marana Irrigation District and Cortaro Water Users' Association (CMID/CWUA) and (2) aproposed mutual cancellation and transition agreement with CMID/CWUA on tonight's agenda 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) ADJOURNMENT • Regular Council Meeting -December 16, 2008 -Page 4 of 126 ~~~ ~ n ~f1 ~l 1 '"!~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM • • To: Mayor and Council From: Frank Cassidy ,Town Attorney Item C 1 Subject: Resolution No. 2008-165: Relating to Utilities; approving and authorizing the Mayor to execute an intergovernmental agreement with the Town of Oro Valley for water service to the New Life Baptist Church located in Marano Discussion: New Life Baptist Church owns an approximately 11.34-acre vacant parcel of land located at the northwest corner of Cortaro Farms Road and Star Grass Drive, located in the Town of Marana and within the Marana Water Department service area, where it desires to begin construction of improvements and needs water service for fire flow and potable water purposes. The Town of Oro Valley water utility serves the area immediately adjacent to the New Life property, which. on two sides borders the Northwest Fire District fire station anal is served by Oro Valley water utility pursuant to an intergovernmental agreement for water service approved by the Marana Town Council on March 20, 2007 by the adoption of Resolution No. 2007-37. The Town of Oro Valley is willing to provide water service to the Subject Property until Marana can hook up its own water service to this location, based on the terms of the intergovernmental agreement presented with this item. Financial Impact: Under the proposed agreement, the New Life Baptist Church property will be treated for all water fee purposes as being within the Oro Valley water utility service area. All. Oro Valley water impact fees and water rates will apply. The agreement does not provide for a refund of any fees to the Town of Marana in the event service is moved from the Oro Valley water utility to the Marana Water Department. ATTACHMENTS: Name: ~ Reso OV IGA New Life Baa~tist water service {FCO6..37LDOC C7 Marano and TOV.doc ^ EXH A OV IGA New Life Baptist Church water service ~C0638).PDF Staff Recommendation: Description: Reso O~j IGA for New Life Baptist Church wafer service EXH fi to Reso: OV IGA New Life Baptist Church EXH A to IGA: Subject Property Map Type: Resolution Exhibit Exhbit Regular Council Meeting -December 16, 2008 -Page 5 of 126 Staff recommends adoption of Resolution No. 2008-165; .approving and authorizing the execution of the • intergovernmental agreement with the Town of Oro Valley for water service to the New Life Baptist Church property at Cortaro Farms Road and Star Grass Drive. Suggested Motion; I move to adopt Resolution No. 2008-165. ., Regular Council Meeting -December 16, 2008 -Page 6 of 126 • MARANA RESOLUTION N0.2008-165 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF ORO VALLEY FOR WATER SERVICE TO THE NEW LIFE BAPTIST CHURCH LOCATED IN MARANA WHEREAS the New Life Baptist Church owns an approximately 11.34-acre vacant parcel of land located at the northwest corner of Cortaro Farms Road and Star Grass Drive, located in the Town of Marana and within the Marana Water Department service area and more particularly de- scribed in the intergovernmental agreement that is the subject of this agreement (the Subject Prop- erty); and WHEREAS the New Life Baptist Church desires to begin construction of improvements on the Subject Property, and needs water service for fire flow and potable water purposes; and WHEREAS water service to the Subject Property is necessary for the health, safety and wel- fare of the public on and in the vicinity of the Subject Property; and WHEREAS the Town of Oro Valley owns and operates a water utility that serves the area immediately adjacent to the Subject Property and currently serves the Northwest Fire District fire station bordered on two sides by the Subject Property pursuant to an intergovernmental agreement for water service that was approved by the Marana Town Council by the adoption of Resolution No. 2007-37 on March 20, 2007; and WHEREAS the Town of Oro Valley has agreed to provide water service to the Subject Prop- erty until Marana can hook up its own water service to this location; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the Town and the public are served by entering 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 and the Town of Oro Valley 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 intergovernmental agreement. Regul~rF~~~~iRing -December 16, 2008 -Page 7 of 126 _ 1 - 12/8/2008 10:29 PM FJC PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16~' day of December, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Regul~~~8~~~~~ing -December 16, 2008 -Page 8 of 126 _ 2 - 12/8/2008 1029 PM FJC INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND THE TOWN OF ORO VALLEY FOR WATER SERVICE TO THE NEW. LIFE BAPTIST CHURCH This Intergovernmental Agreement ("IGA") is entered into by and between the Town of Marana, a political subdivision of the State of Arizona (" l~Iarana") and the Town of Oro Valley, a municipal corporation ("Oro Valley"). collectively referred to as the "Parties", pursuant to A.R.S. § 11-952. RECITALS WHEREAS, Marana and Oro Valley may contract for services and enter into agreements with one another for joint or cooperative-`action pursuant to A.R.S. § 11-951, et seq.; and WHEREAS, Marana and Oro Valley agree that the New Life Baptist Church • (hereinafter referred to as the "Property''), located in Marana (which Property is described in Exhibit "A" attached hereto), requires «~ater service for the health, safety and welfare of the residents surrounding the Property; and WHEREAS, it is currently not economically feasible for Marana to provide water service to the Property; and WHEREAS. Marana desires that Ozo Valley provide temporary water service to the Property until such time that Marana can hook up its own water service to the Property; and WHEREAS, Oro Valley can temporarily provide water service to the Property until such time that Marana. can hook up its own water service to the Property; and WHEREAS, for the health, safety and welfare of the residents surrounding the Property, Oro Valley shall provide water service to the Property until Marana can provide its own water service to the Property. NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the Parties agree as follows: C.~Program FilesWee~.ia Com~Ik+cument Cov~~erter\temp~DefaultA~enda5l3.1 TAasana and TOV.de[ Regular Council Meeting -December 16, 2008 -Page 9 of 126 AGREEMENT 1. Marana's Responsibilities A. Marana agrees to permit Oro Valley to provide water service to the Property until such time that Marana can provide its own water service to the Property. B. Marana agrees to permit Oro Valley to provide water service to the Property in accordance with. Oro Valley's standard water service rates, fees and commitments to existing customers. C. Marana shall have no right to reimbursement from Oro Valley for any portion of the cost of construction and installation of the water supply line and facilities to the Property. D. Marana hereby agrees to cooperate with Oro Valley to connect the Property to the Marana water service and disconnect the Property from the Oro Valley water service when Marana water service becomes available to the Property. 2. Oro Valley's Responsibilities A_ Oro Valley shall provide water service to the ,Property. • B. Oro Valley shall. charge standard. water development fees to the Property. All • fees collected will be revenues to Oro Valley and no credits will be paid to Marana or the Propertt~ now or at the time of disconnection from Oro Valley water service. C. Oro Valley shall charge and collect the standard water rates to the Property based upon usage. AJ1 water rates charges collected by Oro Valley will be revenues to Oro Valley so long as water service is provided by Oro Valley. D. Oro Valley hereby agrees to cooperate with Marana to connect the Property to the Marana water service and disconnect the Property from the Oro Valley water sen~ice when Marana water service becomes available to the Property. 3. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other Party. Prior to any termination under this paragraph, the Party allegedly in default shall be given written notice by the other Party of the nature of the alleged default. The Party said to be in default shall have forty-five (45) days to cure the default. If the default is not cured within that time, the other Party may terminate this Agreement. Any such termination shall not relieve either Party from liabilities or costs already incurred under this Agreement. 4. Non-assignment. Neither Party to this Agreement shall assign its rights under this Agreement to any other party. C:\ffegram Files\7vee~~a.Com\Doeument Convener\temp\DefaultAgwda.>71.1 Mar-ana and T04.dnc 2 Regular Council Meeting -December 16, 2008 -Page 10 of 126 • 5. Amendments. This Agreement may be modified, amended, altered or changed by written agreement signed by both Parties. 6. 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. 7. 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. S. 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 otherprovisions 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. 9. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. 38- 511. 10. Ownership of Improvements. Ownership and title to all materials, equipment and. appurtenances installed pursuant to this Agreement shall automatically vest in Oro Valley upon completion of the Pro,}ect. ll. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or expending the legal jurisdiction of Oro Valley or Marana. 12. No Joint Venture. Lt is not intended by this Agreement ta, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship bete-een the Parties or create any employer-employee relationship between Oro Valley and Marana employees, or between Marana and Oro Valley employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other 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 by law. 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. C:\Pragram FilesWeeiia.Com\Docwnem Cou~ener\temp\DeGWtAgenda.~Il.1.Marar~a and TO~'doc 3 Regular Council Meeting -December 16, 2008 -Page 11 of 126 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. ].2101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 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 tez-m. covenant, or condition herein contained. 16. Notification. All notices or demands upon any parh~ 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: Marana Town of Marana Utilities Director 5100 West Ina Road Tucson., Arizona 85743 Cc: Town Attorney Town. of Marana 11555 W. Civic Center Drive Marana, Arizona 85653 Town of Oro Valley Water Utility Director Town of Oro Valley 1 1000 N. La Canada Drive Oro Valley, Arizona 85737 Cc: Town Attorney Town. of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 17. Remedies. Either Party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall he cumulative and in addition to any other right or remedy existing at law or in equit<~ or by virtue of this Agreement. 18. 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. • • C:Wopnm Files\Nee~ia.Com\Docmnent Con~~erter\temp\DefaultAgenda it 1. t Marana and TOV.dOC 4. Regular Council Meeting -December 16, 2008 -Page 12 of 126 .. IN WITNESS WHEREOF, the Town of Oro Valley and the Town of Marana have caused this Agreement to be executed by the Mayor and Council of the Town of Oro Valley and the Town of Marana, upon resolution of the their respective Mayor and Council and attested to by the Clerk of Marana and the Town of Oro Valley. • TOWN OF MARANA Eddie Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk Date: TOWN OF ORO VALLEY Paul H. Loomis. Mayor ATTEST: Kathryn E. Cavelier, Town Clerk Date: • C \Program FilesWee~is.Com\Document Converter\lemp\DefaulWgenda.i] I.I Marana and TOV.doc 5 Regular Council Meeting -December 16, 2008 -Page 13 of 126 ATTORNEY CERTIFICATION • The foregoing Agreement by and between the Town of Marana and the Town of Oro Valley has been reviewed pursuant to A.R.S. Section 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 those parties to the Agreement. TOWN OF MARANA: Frank Cassidy, Town Attorney Date TOWN OF ORO VALLEY: Tobin Rosen, Town Attorney Date • CiFro~am FilesWeev,a.Com\Docnment Cooverler\temp\DefaulL4gendai711Macana and TOV.doc 6 Regular Counal Meeting -December 16, 2008 -Page 14 of 126 • cc » EXHIBIT A MAP OF PROPERTY C--.\Propram FilesWee~ia.Com\Document Converter\temp\DeGultAgevda.511.1 Marana ar,d TO\~ doc 7 Regular Council Meeting -December 16, 2008 -Page 15 of 126 • v ~r v ~ c J ~t r N M f u L ~ ~ = 'L ~ _ 1"' 1 ~ ryMo~ W d [ O C N ~ ~ Q ~ 4 sn c6 m » m c _ z ~ .. ''Vi'i ~,+~ c r, .._ _ - .. t.. r ~ .. . - cy, ... „~ ~s ~ . u . , ~ t:as ,~` , . . ~ n ar"4~,, ~ ~, ~ , 1, ''. i r„ ~ ow - , ,. ;. ~ _ ~ .} ~~ ; ~~ a co ,. C ,....,,,~, r. ,, ~ ih ~: o ~ a -; ~` ._ r .~ z i. "'' .. k ., ' a v i~ `t ~ ; ~ ~ , ~ . ~ ~ Z N O a ~ N ~ i ". ~ '~ i. ' ~ 1 J f/1 r V yy ~f _J ~.:~ ~ ~+~~L y(nNN ~Ik. 14.,,1 4 + ~~' rZUZ orwa N ~.. +~.~~~ li~ 4~~ ; ~, ,3 9 Z i! a~ - ~ , ~~ ~ ~` : ~ t ~ e ~~ . ~ ' ~~} ~ ~~ r . ~... ~G ~ .' 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM To: Mayor and Council From: T VanHook ,Community Development Director Item C 2 Subject: Resolution No. 2008-166: Relating to Community Development; granting Discretionary Funding in the form of Entertainment Credits to the Students Together Against Narcotics and Drinking, astudent-run grassroots organization, to support ``The After Party", an event to keep Marana youth out of harms way after the 2009 Marana High School Prom Discussion: .Marana High School's Students Together Against Narcotics and Drinking (STAND) was established in 2004 as a positive peer group working within the schools to inform students of the dangers of underage drinking and drug use and provide positive alternatives. Best known for the prom night "The After • Party", STAND club members also host events and educational programs at Marana High School. This year STAND members expanded their reach by visiting Rattle Snake Ridge Elementary School during Red Ribbon week and speaking to younger students about making good choices and represented the. youth voice at the kickoff of the new RED program. In addition, STAND hopes to partner with Marana Middle School to form a similar program there before the end of the school year. In 2006, 2007, and 2008 STAND partnered with the Town of Marana for the "After Party". The first two years STAND used the Town's Bedroxx Entertainment Credits to offer bowling, games, pizza, sodas, and music to more than 300 students. In May 2008 the event moved to Tower Theaters with the Town providing $2,500 to offset costs. Although the party was an overall success and received positive feedback, the movie event drew a smaller crowd and multiple requests were made to return the event to the original format. For this year's "After Party" STAND plans on hosting 400 or more students for pizza, dancing, and games at Bedroxx. The club is inviting Town and Marana High School staff, parents, and community members to serve as chaperones. The Marana Police School Resource Officers will also attend the event and have been. working with planning committee members to work out details. STAND is requesting use of the credits as the primary form of support for the event. Understanding that the credits will not cover all costs, STAND members are working to confirm other sponsors and are approaching local businesses for cash donations and youth friendly door prizes and gift certificates. Students from STAND have completed a Discretionary Funding Application and submitted the commitment letter required for grass-roots organization without a 501 (c)(3) designation. The commitment was signed by 22 members of the club involved in event planning. Financial Impact: • Bedroxx Entertainment Credits are available to the Town for youth, community, and school events per a development agreement (Resolution. #2003-021} with Spare Time Family Entertainment Center, L.L.C. Regular Council Meeting -December 16, 2008 -Page 17 of 126 owners of Bedroxx. Finance has indicated that the Entertainment Credit Account balance is more than • sufficient to cover the anticipated cost of the event and other uses scheduled throughout the year. ATTACHMENTS: Name.. Desc.l-ilation: Tt~pe: ~ STAND Funding_Resolution r 12-03-2008.DOC STAND Resolution Resolution Staff Recommendation: Staff recommends awarding Entertainment Credits to the Marana High School STAND Club in support of "The After Parry" providing a positive activity to keep youth safe after the 2009 Marana High School prom. Suggested Motion: I move to adopt Resolution No. 2008-166. • Regular Council Meeting -December 16, 2008 -Page 18 of 126 • MARANA RESOLUTION N0.2008-166 RELATING TO COMMUNITY DEVELOPMENT; GRANTING DISCRETIONARY FUNDING IN THE FORM OF ENTERTAINMENT CREDITS TO THE STUDENTS TOGETHER AGAINST NARCOTICS AND DRINKING, ASTUDENT-RUN GRASSROOTS ORGANIZATION, TO SUPPORT "THE AFTER PARTY", AN EVENT TO KEEP MARANA YOUTH OUT OF HARM'S WAY AFTER THE 2009 MARANA HIGH SCHOOL PROM WHEREAS, the Town of Marana has establish a Discretionary Fund to support local no- profit and grassroots organizations forwarding the priorities set by Mayor and Council; and WHEREAS, Mayor and Council recognize the need to promote programs that encourage positive activities for Marana Youth and families; and WHEREAS, the Town of Marana has an Entertainment Credit per the development agreement (Resolution #2003-021) with Spare Time Family Entertainment Center, L.L.C. owners of Bedroxx that may be used at the discretion of the Mayor and Council to cover expenses for a • youth, community, and school events; and WHEREAS, Marana High School's Students Together Against Narcotics and Drinking Club (STAND), a grassroots organization is requesting use of the credits to support "The After Party" at Bedroxx an event promoting positive activities after the 2009 Prom. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, grant STAND use of the Entertainment Credit to provide a positive activity for Marana Youth at the 2009 "After Party". PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16~' day of December, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Branson, Town Clerk Frank Cassidy, Town Attorney • Regular Council Meeting m December 16, 2008 -Page 19 of 126 • REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 2, 2008, at or after 7:00 PM Ed Honea, Mayor -excused Herb Kai., Vice Mayor -present Russell Clanagan, Council Member - excused Patti Comerford, Council Member -present Carol McGorray, Council Member -present Jon Post, Council Member -present Roxanne Ziegler, Council Member -present • REGULAR MEETING CALL TO ORDER AND ROLL CALL. By Vice Mayor Kai. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Vice Mayor Kai. APPROVAL OF AGENDA. 1Ylotion b}' Council Member McGorray, second by Council Member Post. Approved unanimously. CALL TO THE PUBLIC. Dan. Post spoke on behalf of the Marana Western Heritage Committee. They had over 10,000 competitors last ~~ear. Because of the Town's support, they were able to offer the arenas to many groups who bring revenue to the Town. He then recounted many of the events they are able to hold at the arenas in addition to rodeo events. They were recognized by the Grand Canyon Rodeo Association as the number one and number two rodeos that they like to attend throughout the area because of the hospitality and conditions of the arenas. He reiterated his thanks for the Town's support and expressed his desire that the Town feels it is of benefit to continue providing support. Council Member Comerford expressed her thanks to Mr. Post and those on the committee. Council Member Ziegler expressed her desire to have these events at the arena added to the strategic plan. • Regular Council Meeting -December 16, 2008 s Page 20 of 126 • Larry Lattomuf and Joe Chitty with the Paralyzed American Veterans presented their chapter's plaque to the Town for its contribution to their organization. They also thanked T. Van Hook for her work on the organization's behalf. Larry then read the plaque's message to the Council and the public. Council Member McGorray thanked them for their support of disabled athletes. David Morales addressed Council regarding financial constraints of the state which he eluded to several meetings earlier. Over 500 miners across the state were laid off. He also referred to a document from August 7, 2007 which he presented at that time, noting that he believes it is the Council's responsibility to prepare for these events. He then read an article he wrote about the art of making good policy. Strong character and strong personalities will prevent groupthink in President-elect Obarna's opinion, one that David believes in as well. PRESENTATIONS P 1: Presentation: Relating to Alternative Expenditure Limitation Home Ru[e}' Erik Montague gave a presentation on the Home Rule Option/Alternative Expenditure Limitation which will be on the general election ballot in May 2009. He gave some history of how the Home Rule Option was intended to help offset a tax burden dating back to the late 1970s. Without the Home Rule Option. the town will be bound by the • state's base tax limit. He gave an example of how the population factor and inflation factor are added to the base. limit to give a projected state-imposed limitation. A state limitation under this circumstance could prevent the town from spending its revenues. He then noted that passage of the Home Rule Option by the voters of Marana has occurred every four years since 1985. He then went on to outline the rules for adoption, including the schedule for public hearings, completion of a publicity pamphlet and then the general election vote on May l 9, 2009. After the second public hearing, the Council may consider a resolution bringing the Home Rule Option forward to the voters. The first public hearing will ~be December 16, 2008. ANNOU N C E MENTS/[JPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson introduced Steve Huffman as the new Intergovernmental. Affairs Manager. He then. highlighted two items from the Executive Report -the Thornydale Road construction project and the Silverbell Road project - on time and under budget. Deb Thalasitis announced the holiday lighting ceremony at the municipal complex on • Saturday, December 6 starting at 3:00 p.m., with the tree lighting at 7:00 p.m. Regular Council Meeting -December 16, 2008 -Page 21 of 126 • STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA. Motion by Council Member McGorray, second by Council Member Posh Passed unanimously. C 1: Resolution No. 2008-157: Relating to the Police Department; Approving and authorizing the Mayor to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2008 Operation Stonegarden Grant Program C 2: Resolution No. 2008-158: Relating to the Police Department; approving and authorizing the Chief of Police to execute a task force agreement between. the Marana Police Department and_ the United States Department of Justice, Drug Enforcement Administration C 3: Resolution No. 2008-159: Relating to Community Development; approving and authorizing amendments to Intergovernmental Agreements (IGA) with Pima County to • extend Community Development Block Grant Program funding until December 31, 2009 to complete implementation of the 2006-2007 and 2007-2008 Community Block Grant Program C 4: Resolution No. 2008--160.: Relating to Co~r~munity Development; granting $5,000 in Discretionary Fundin_ to the Pima Council on Aging, an Arizona 501(c)(3) non-profit organization to support the Mature Worker Connection activities for Marana senior citizens C 5: Resolution No. 2008-161: Relating to Liquor Licenses;. approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Aric Kaiser Mussman on behalf of Vero Amore, located at 12130 N. Dove Mountain Blvd., Suite 104 C 6: Resolution No. 2008-162: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Michael George Wystrach on behalf of Steak Out Restaurant & Saloon, 3620 W. Tangerine Road • C 7: Minutes of the November 18, 2008 regular council meeting Regular Council Meeting -December 16, 2008 -Page 22 of 126 COUNCIL ACTION A I : Resolution No. 2008-163: Relating to Intergovernmental Relations; authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue the Town of Marana 2009 Arizona State Legislative Agenda Issues. This item was presented. by Steve Huffinan, who highlighted some of the critical issues before the Legislature. The Legislature will be challenged to return a balanced budget this year. They may go into session as early as next Monday, cutting between $300-400 million before the new Legislature is sworn in. The state has a $10 billion budget about $6 billion is off the table with mandated programs. Much discretionary funding could be cut from the budget. The most important issue is that in order to balance the budget is to not hurt the town -protect state revenue sharing (almost 19 °io of the general fund) to continue the level of services that are expected. The Town w i l l be working with the League to make sure that we're moving forward on a host of issues such as regional issues to preserve transportation funding and protect water rights. Motion by Council Member McGorray, second by Council Member Post. Passed unanimously. A 2: Resolution Nn. 2008-164: Relating to Development: Adopting and authorizing the Mayor to execute a First Amendment to the Foothills Development Agreement with Tapestry Properties III, L.L.C., regarding the Foothills (Tapestry) Development Project • Frank Cassidy presented this item discussing key features of the overall plan for the development. This amends a 2006 agreement before Proposition 207 went into place. This first amendment splits the commercial and resort area and puts it back where it was in the original agreement_ The purpose being that this will pull back the commercial area from the estate lots in Dove Mountain. Tt also provides for the town to participate through condemnation authority to create arr entry road in Saguaro Ranch before the tunnel heading to the northwest. The developer will build an entry road to serve the new resort area. Because the alignment will go through the Tom Barr/Forest Metz property, the town may have to use its condemnation authority as it crosses that property. This agreement allows the developer to move the access road around giving access through the entry road, although it's not required, to other property owners in the surrounding area. It eliminates one of the major hurdles to abandoning Thornydale Road. The agreement establishes what the trigger is for completing the Cayton Ranch Road across to Thornydale. Mr. Cassidy noted a correction in paragraph 3.9 of the agreement for completing the building of Cayton Ranch Road. Motion by Council Member Comerford, second by Council Member Post. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION • Regular Council Meeting -December 76, 2008 -Page 23 of 126 • EXECUTIVE SESSIONS E 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. E 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 (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, .settlement discussions and contract negotiations relating to the transition of 1\larana wastewater collection and treatment to the Town of Marana. E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(4), discussion or consultation with the Town's attorneys to consider its position and instruct its attorneys regarding a November 14, 2008 claim filed by Cortaro-Marana In-igation District and Cortaro Water Users' Association. 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 $) Council Member ,Ziegler raised the topic of ground lease agreements for cell towers which was raised a couple of meetings ago regarding the town paying for a SCADA on a cell. tower. She would like to introduce chancing the lease agreement so that the town doesn't prop-ide a credit. The town should be able to place a SCADA on a cell tower without cost to the town. Mr, Cassidy responded. Mr. Davidson responded that staff can craft a policy to be brought hack for Council consideration. ADJOURNMENT. Motion by Council Member Comerford, second by Council Member Post. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 2, 2008. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk • Regular Council Meeting -December 16, 2008 -Page 24 of 126 ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM To: Mayor and Council From: Kevin Kish., AICP ,Planning Director Item A 1 Subject: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile Discussion: The applicant, Diversified Partners Development Company, LLC, has requested that this public hearing be continued to the Town Council meeting of February 3, 2009. ATTACHMENTS: Name: • Ci Ma_rana Mercantle._Rezone A~plication~df ^ Marana Mercantile Rezone Lo_cation_Map,pdf O PCZ-08013 continuance Itrpdf Staff Recommendation: Description: Marana FJlercanitle Rezone Application Marana Mercantile Rezone Location Map Marana Mercantile Rezone Continuance Ltr Type: Backup Material Backup Material Backup Material Suggested Motion: I move to continue the public hearing for the Marana Mercantile Rezone, Ordinance No. 2008.26 to February 3, 2009, Regular Council Meeting -December 16, 2008 -Page 25 of 126 • • ARANA Planning Department n~+/ 1\ l 1555 Vr, Civtc Center Dr. Marana AZ $5653 (520j ~8''=?(i00 Fax: (520) ;82-2639 PL_AI~'NING & ZE~NTNG APPLICATION I. TYPE OF APPLICATLON tChcck one) ~ Pxelimmary~"la# ~ General Plan Amendm~rt o Final Plat o S}~ecific Plan Amendment fl Development Plan ~ Rezone,1Specific Plan o Landscape Plan o Significant Land Use Change o Native Plant Permit o Minor Land Division o Variance tt Conditional Use Permit o Other 2. GENERAL DATA RE UIRED Assessor s Parcel Nun-~ber{sl X17_25-002B General Plan Designation rrfl be con~i°umed b stafX't awn. Ce n t e z ~' ~ ann3n Gross Area (Acre.'Sq. Ft.) Current Zoning 39.0 a e Cro ~c oonfirnied b sta : -144 and HI DevelopmentlProjectName Proposed Zoning rangy Mercantile Rezone C Project Location N. of Marana Rd,, W. of I-10 Fronta e Rd. E. of U town at Maran Description cif Project 271 125 SF Commercial Retail PropertyZ?wner Diversified Partners Develo ment Com an Street.Addrress 562 N Scottsdale Road. Suite 154 City State Zip Code Phone I~Ttunber Fax Number E-Mail Address Scfltt:sdale !~Z 85250 480-947-8$00 480-9~7-8830 elizal5eth d ere.com Contact Perst~ri Phone Number iz Castors 480-947-8800 Applicant Same as Property C3wner ` Street:4ddress City' State Zip Code Phone Number Fax Number E-lvlal Address Contact Person Phone Number Agent~I2epresentative The Plannin Center :Street Address 110 Souti~ Church Avenue Suite 6 City State dip Code Phone Number Fax Number E-Mail Address Tucson AZ 85701 520-623-b 14$ 20-622-1950 lmorales @ az tannin center. Contact Person flown of Ivlarana Linda Morales BusinessLieenseNo, 102691' 3. AUTHORIZATION OF PROPTrRTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been. authorized in wrtini7 by the owner to f le this application and checklist. {If not owner of //record,~~ch written authorization from thet~wner.} ~~ i~ J~~~~'~~ l ~~J~~~ ~S.~ Print blame of A licant/A ent Si afore Date rEa orar X;\SHAREI} FILES1Review Checklist\Application.doc May 2005 Regular Council Meeting -December 16, 2008 -Page 26 of 126 • • • .fi~~ r ~ ~ Parana ~Vlercantie rezone ~:~. ~.m..z~ ~~ ~ ~ ~ ~~ ~` ~, t ~'V ~- ~ A ° ~ ' cAS E Pcz-0$a ~.r a,r~ ,~r~ r t r 1, TC Villages of Tortolita Specific PlanAfea ~ . Vv SAGE$RUSH RD ~ ~ Z Subject Prope rty Q San Lucas Uptown at Martina S}~ec flc Plan Area t ~` f f ~;., ' \ '^ ~ t°d r,~a.r<.araA R~ _.......... Circle it'""'rr Martina Chevron 0 z n z 4 z ,,,- ;~t~ I~L1 Request a 700 ~aoo >n. A request f©r approve( tc~ rezone a 39.09 acre parcel from R-144 (Residential - 144,000 square foot minimum lot-size) & HI ~f-ieavy industrial) #o VC ~Vitfage Commercial}. Data Oisciatmer. The Town of Martina provides this map information 'As ls' at the request of the user with the understanding that is not guaranteed to ba accurate, carracz or complete and conckrsions drawn from such in#omtatian era the responsibiitty of the user. to noavent shall The Town of Martina become liable to users of these data, or any other party, forany toss or direct, indirect, speciat,incidental or canseguent~ai damages, irtcluding trot not limited m Ume, money or goodwtp, arising from the use or modification of the data. Regular Council Meeting -December 16, 2008 -Page 27 of 126 • .f}' 7~ ~}w..~:;l:o... ~. '~ ~~~t~t1::' , Tawr, c.f r ~ _ ~ ~ • a ~L~~tnin~ L3~~,=~~-l~n~ 155 `v'~r .. L.- ~r give c~r~f1~, r '. -~~~~ r ~..,. ... _ _ , t: F'~~-Obu""" 3 f~~~ran~ ercartfiie Reza~ir~g TP~:~ .'.._ ~r~~-~ 1 ~"~;_q. a-~ ~:~, t..•~. .,'l~'~a~i _. ~~ ,,.. ,_'~`!i. CI\~r ~Jllt~ll i'~42~n ~~J L .f _ .: ~.'~'71~C1'~ t/{~, ~L~, ~ r4 rJ~~C(.~J~,i.r; 1c~~1 ~~: ;; ~: ~::7 .. .'1.,. '': ` `~ -. ~ t~'1~' ~.'}c'3~01' r'3I'1C2 ~utsr''C i ~~lG' ~c,i r,;µ- '~`)t ru i~ rl~?C. i ~' '~": ~! _ ~ Ut~~ ~ i~;id'1~" ~ -'42 ~ct R`12 ~nC3tN I~ ~~yy ((..~~++~~' +~yy J ~ + n ~.~ ~i ar Cam. aV rFi..i~4 ~.. any ~LC"LL~J.. v ~..: ~lC::v .,t, ~'y' incereFy, THE PL~NNf~ita C cNTEP i_ir:~a S. Masi,:=~. ;~1~ Principal Regular Council Meeting -December 16, 2008 -Page 28 of 126 • - ~~~ ~~ ~1~ r,,.. ~..~~.». 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM To: Mayor and Council Item A 2 From: Erik Montague ,Finance Director Subject: Relating to Alternative Expenditure Limitation (Home Rule Option) Discussion: In 1985 and every four years thereafter, the residents of the Town of Marana voted to adopt a local alternative expenditure limitation, also known as the Home Rule Option. Under the Home Rule Option, total expenditures for the Town are determined at the time of budget adoption and may exceed those imposed by the State of Arizona. Without the Home Rule Option, Town expenditures may not exceed those set forth by the State. The • State's limitation is determined by an expenditure base that was established in 1979-80, adjusted for inflation and population growth over the years. When approved by the voters, the Home Rule Option is in effect for four consecutive years. With Council approval, residents of the Town will be asked to vote on the Home Rule option on May 19, 2009. If the ballot measure passes, the Home Rule Option. will take effect for fiscal years 2009-10 through 2012-13. Voter approval of the Home Rule Option is critical to the Town of Marana and its ability to provide services to its residents. To illustrate this point, the State's limitation, including estimated constitutionally excludable expenditures, for fiscal year 2008-09 is $53,717,422 while the Town's expenditure limitation under the current Home Rule Option is $211,500,515. The above illustration clearly describes the importance of the Home Rule Option. Without the Home Rule Option, the Town would be mandated to cut expenditures and services like streets maintenance, public safety, community development, and parks and recreation programs to comply with the State imposed limitation despite receiving revenues well in excess of the limitation_ The State's expenditure limitation is expected to be $60,1.31,262 in 2009-10, $62,388,981 in 20].0-2011, $64,802,951 in 2011-2012, $67,398,384 in 2012-2013. The attached worksheets provide a more detailed analysis of the aforementioned calculations. Prior to scheduling an election for Home Rule, the Council must conduct at least two public hearings. This meeting constitutes the first of two public hearings. The second public hearing will be held on January 6, 2009, after which the Council may consider the adoption of a resolution authorizing the Home Rule Option to be submitted to the voters of the Town of Marana, • ATTACHMENTS: Name: Description: Type: Regular Council Meeting -December 16, 2008 -Page 29 of 126 ^ 2009, Home Rule Detailed Horne Ruie Option Analysis Detai( Analysis Draft.pdf ^ 2009 Home Rule Summary Home Rule Option Analysis Summary A_natysis Draft,p_d..f Staff Recommendation: None Suggested Motion: Backup Material Backup Material • • Regular Council Meeting -December 16, 2008 -Page 30 of 126 • ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) DETAILED ANALYSIS Pursuant to the Arizona State Constitution, passed on expenditure limitation (Home Rule Option) beginning in 2009-2010. the Town of Marana as authorized by Resolution # will seek voter approval to adopt an alternative to apply to the City/Town for the next four years Under a Home Rule Option if approved by the voters., the city/town estimates it will be allowed to expend approximately $149,929,592 in 2009-2010, $151,957,938 in 2010-2011, $154,454,365 in 2011-2012, and $157,346,860 in 2012-2013. With approval of the Home Rule Option, the city/town will utilize the expenditure authority for all local budgetary purposes including general government, public safety, highways and streets, development services, community development, parks and recreation, water utility, airport and capital improvements plan. We estimate that the expenditures for the next four years under the Home Rule Option will be as follows: ESTIMATED AMOUNTS TO BE EXPENDED IN SPECIFIC AREAS • Purpose 2009-2010 2010-2011 2011-2012 2012-2013 General Government $ 17,277,146 $ 17,510,883 $ 17,798,559 $ 18,131,876 Public Safety 11,340,669 .11,494,093 11,682,923 11,901,711 Highways and Streets 6,241,583 6,326,023 6,429,949 6,550,364 Economic and Community Develo ment 5,859,801 5,939,076 6,036,646 6,149,695 Parks and Recreation 4,122,440 4,178,211 4,246,852 4,326,384 Health and Welfare 304,971 309,097 314,175 320,059 Water Utility 3,043,882 3,085,062 3,135,745 3,194,469 Airport 341,070 345,684 351,363 357,943 Capital Improvement Plan 101,398,030 102,769,809 104,458,153 106,414,359 Total Expenditures $149,929,592 $151,957,938 $154,454,365 $157,346,860 If approved, the expenditures authorized will be funded from revenues obtained from federal, state and local sources. It is estimated that the amount of revenue from each source for the next four years will be as follows: ESTIMATED AMOUNTS OF REVENUE FROM EACH AND ANY SOURCE Source 2009-2010 2010-2011 2011-2012 2012-2013 Federal $ 10,307,132 $ 10,446,574 $ 10,618,195 $ 10,817,044 State 89,918,484 91,134,960 92,632,162 94,366,902 Local 49,703,976 50,376,404 51,204,008 52,162,914 Total Revenues $149,929,592 $151,957,938 $154,454,365 $157,346,860 In determining the revenue sources to fund the .authorized additional expenditures under the alternative expenditure limitation, it is assumed that the federal, state and local revenues received by the Town of Marana will continue to be available in 2009-2010 as they have for the past five years. Their continued availability is also assumed for the next three consecutive years following 2009-2010. Any and all dollar figures shown in this analysis are estimated figures only and are based upon information available at the time of preparation of this report. The budgets and actual • expenditures in any given year may be more or less than the figures noted above depending on available revenues. The actual expenditure limitation for each fiscal year shall be adopted as an integral part of the budget for that fiscal year. Regular Council Meeting -December 16, 2008 -Page 31 of 126 C~ ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) SUMMARY ANALYSIS The voters of the Town of Marana in 1985 adopted an altemative expenditure limitation (Home Rule Option). The purpose of this election is for the continued use of the Home Rule Option. Pursuant to the Arizona State Constitution, the Town of Marana seeks voter approval to adopt a Home Rule Option to apply to the city/town for the next four years beginning in 2009-2010. Under a Home Rule Option if approved by the voters, the city/town estimates it will be allowed to expend approximately $149,929,592 in 2009-2010, $151,957,938 in 2010-2011, $154,454,365 in 2011-2012, and $157,346,860 in 2012-2013. With approval of the Home Rule Option, the city/town will utilize the expenditure authority for all local budgetary purposes including general government, public safety, highways and streets, development services, community development, parks and recreation, water utility, airport and capital improvements plan. Under the state-imposed limitation the Town of Marana estimates it will be allowed to expend approximately $60,131,262 in 2009-2010, $62,388,981 in 2010-2011, $64,802,951 in 2011-2012, and $67,398,384 in 2012-2013 for the operation of your local government. These expenditure estimates include expenditures of constitutionally excludable revenues. The amount of revenue estimated to be available to fund the operation of The Town of Marana • government is $149,929,592 in 2009-2010, $151,957,938 in 2010-2011, $154,454,365 in 2011-2012, and $157,346,860 in 2012-2013. These revenue estimates are the same under the Home Rule Option or the state-imposed expenditure limitation. • Any and all dollar figures presented in this summary are estimates only and are based upon information available at the time of preparation of this analysis. The budget and actual expenditures in any of the four years may be more or less than the expenditures noted above depending on available revenue. If no alternative expenditure limitation is approved, the state-imposed expenditure limitation will apply to the Town of Marana. Regular Council Meeting -December 16, 2008 -Page 32 of 126 Page 1 of 2 • ALTERNATIVE EXPENDITURE LIMITATION (Home Rule Option) SUMMARY ANALYSIS WORKSHEET POPULATION FACTOR COMPUTATION • Prior Fiscal Year 1978 Population Fiscal Year Population / Population = Factor 2009-2010 39,011 1,425 27.3761 2010-2011 42,691 1,425 29.9586 2011-2012 46,169 1,425 32.3993 2012-2013 49,567 1,425 34.7839 STATE-IMPOSED EXPENDITURE LIMITATION Projected State- Imposed 1979-80 Base Population Inflation Expenditure Estimated Fiscal Year Limit x Factor x Factor = Limitation + Exclusions = 2009-2010 $ 202,239 27.3761 2.7298 $ 15,113,579 $ 45,017,683 2010-2011. 202,239 29.9586 2.7666 16,762,269 45,626,712 2011-2012 202,239 32.3993 2.8122 18,426,665 46,376,286 2012-2013 $ 202,239 34.7839 2.8649 $ 20,153,601 $ 47,244,783 Total Expenditures Under State- $ 60,131,262 62,388,981 64,802,951 $ 67,398,384 Regular Council Meeting -December 16, 2008 -Page 33 of 126 Page 2 of 2 • i ~~ '0 t1 w~ ~r.., o......~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM To: Mayor and Council From: Cedric Hay ,Senior Assistant Town Attorney Item A 3 Subject: Resolution No. 2008-167: Relating to Real Estate; conditionally vacating and authorizing the Town Manager to execute Deeds of Abandonment for strips of the Thornydale Road public right-of--way east of the noise walls constructed on the east side of the recently completed Thornydale Road Improvement Project; conditionally authorizing Town staff to proceed with the installation of chain link fencing to secure the area behind the noise walls; and declaring an emergency Discussion: Noise walls have been built along the east side of Thornydale Road as part of the Thornydale Road • Improvement Project. The noise walls were built about one foot inside the right-of--way to accommodate the noise wall's footing and to avoid the need to acquire property from adjacent homeowners. This placement has resulted in the creation of a strip of land which is still owned by the Town running along the backside of the noise walls. (See the photographs which are included in the backup materials.) If left alone this strip may create a weed and trash problem and could possibly invite undesirable activity and people into and near homeowners' yards. The narrow strips of Thornydale Road right-of--way between the noise walls and the private properties are too fragmented to have any public use or market value, so the Town is authorized by A.R.S. §28- 7205 and A.R.S. §28-7215(B} to vacate them without compensation if each person taking title to a strip ofright-of--way agrees to assume the costs of maintaining the vacated right-of--way and the liability for the vacated right-of--way. If approved, this proposed resolution would vacate and abandon the Thornydale Road right-of--way behind (east of) the noise wall, conditioned upon each individual property owner accepting reservations in the Deed of Abandonment and assuming the costs of maintaining, and the liability for, the abandoned area. Each individual property owner would show their acceptance and assumption of these items by executing the acceptance block on the Deed of Abandonment. The Town Manager would be authorized to execute each Deed of Abandonment on the Town's behalf, after its execution by each individual property owner. A proposed form of Deed of Abandonment is attached as Exhibit B to the proposed resolution. All of the Deeds of Abandonment will include a reserved easement for maintenance of the noise wall and cone-foot no-access easement, and those south of the Brambly Drive alignment will include a reserved drainage easement. Independently of whether or not a particular property owner accepts the abandonment of right-of--way described in the preceding paragraph, the proposed resolution would also authorize Town staff to install chain link fences to "cap" the ends of each of the areas behind the noise walls, and to build chain link • gates at the ends of the areas behind the noise walls on the Marchello and Briggs properties, where there is a larger gap between the noise wall and the on-site wall (Marchello) and fence (Briggs). The specific locations of the chain link fences and gates is identified with a star on Exhibit A attached to the Regular Council Meeting a December 16, 2008 -Page 34 of 126 resolution. The cost to install the chain link fences and gates is expected to total $6,400. The fences and gates would not be installed unless and until the owner of the individual properties where the fences or gates are to be installed signs a right of entry authorizing the Town's agents to enter the property for the installation. Financial Impact: The cost of the installation of the chain link panels and gates is estimated at $6,400. Surveys necessary to generate legal descriptions for each of the strips to be abandoned will. be charged on a time and materials basis, but will not exceed $500 per parcel If all 18 of the adjacent owners accept the abandonment, the cost to generate the 18 legal descriptions is expected to cost no more than $9,000. There is adequate budget within the project for these expenditures. ATTACHMENTS: Name: Description.: Type: ^ Reso__Vacating Thorny_d_.ale_ROW alonenoise walls 0001.1248-2~_DOC Reso vacating ROW behind noise walls Resolution ^ Noise wall Exhibit A~df Exhibit A to Reso: Depiction of abandonment areas Exhibit ^ Thornydale sound wal_I_deed of abandonment form.DOC Exh B to Reso: Deed of Abandonment Form Exhibit ^ 02 -South End of Gap_at_Lot at SE Corner of Photo T-dale__N ightflower.jpy ^ 05 - -: North End of G~ at Lot at S_E Corner of T- photo dale Horizon Hills.iog ^ 08 - South End_of Gap at Lot at NE Corner of T- photo dale Briargate.jpy • ^15 - North End_of Ga~at Lot at SE Corner of T- photo dale Brambl~Drainageway.jp~c ^ 23 - _Ga~between Ra_intree Carmack_Wash.ipg Photo Staff Recommendation: Staff recommends adoption of Resolution No. 2008-167. Suggested Motion: I move to adopt Resolution 2008-167. Backup Material Backup Material Backup MateriaC Backup Material Backup Material Regular Council Meeting -December 16, 2008 -Page 35 of 126 • MARANA RESOLUTION N0.2008-167 RELATING TO REAL ESTATE; CONDITIONALLY VACATING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE DEEDS OF ABANDONMENT FOR STRIl'S OF THE THORNYDALE ROAD PUBLIC RIGHT-OF-WAY EAST OF THE NOISE WALLS CONSTRUCTED ON THE EAST SIDE OF THE RECENTLY COMPLETED THORNYDALE ROAD IMPROVEMENT PROJECT; CONDITIONALLY AUTHORIZING TOWN STAFF TO PROCEED WITH THE INSTALLATION OF CHAIN LINK FENCING TO SECURE THE AREA BEHIND THE NOISE WALLS; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana's recently completed construction of the Thornydale Road Improvement Project includes noise walls along the eastern boundary of the road; and WHEREAS the installation of these noise walls has resulted in strips of right-of--way approximately one foot in width remaining along the eastern side of the noise walls; and • WHEREAS the Town of Marana is authorized by A.R.S. § 9-240(B)(3)(e) and A.R.S. § 28-7205 to vacate and abandon. unnecessary Town roadways; and WHEREAS the Town Council finds that the strips of Thornydale Road right-of--way behind the noise walls have no public use and no market value for the purposes of A.R.S. § 28-7215(B); and WHEREAS the installation of chain link fence panels or gates on the ends of the areas behind the sound walls will greatly increase safety and security in the area; and WHEREAS the Town Council finds that it is necessary to reserve certain rights in the right-of way to be vacated pursuant to this resolution, including easements for the possible maintenance of the noise walls and for drainage in certain areas, and including a covenant prohibiting actions that could undermine or compromise the structural integrity of the noise walls; and WHEREAS the Town Council finds that this resolution is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby vacates and abandons those strips of • Thornydale Road public right-of--way of east of the noise walls constructed as part of the recently {00011248.DOC / 2} 12/2/2008 5:06 PM CIH/FJC Regular Council Meeting -December 16, 2008 -Page 36 of 126 - 1 - • completed Thornydale Road Improvement Project, in the areas depicted on Exhibit A to this resolution, subject to .and conditioned upon each individual property owner executing. the acceptance block on the Deed of Abandonment in substantially the form attached as Exhibit B to this resolution, evidencing their acceptance of reservations in the Deed of Abandonment and their assumption of the costs of maintaining, and the liability for, the abandoned area. SECTION 2. The Town Manager is hereby authorized to execute the Deeds of Abandonment in substantially the form attached as Exhibit B to this resolution, after and conditioned upon each individual property owner executing the acceptance block on the Deed of Abandonment, as described in Section 1 of this resolution. SECTION 3. Independently of whether a particular property owner executes the acceptance block on the Deed of Abandonment as necessary to vacate and abandon a particular strip of right-of--way pursuant to Section 1 of this resolution, Town staff is hereby authorized to install chain link fences or gates to "cap" the ends the areas behind the noise walls as identified on Exhibit A, subject to the affected property owner executing a right of entry authorizing the Town to enter the property for the installation. SECTION 4. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. SECTION 5. It is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, so 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 16~' day of December, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • {OOOI 1248.DOC / 2; 12/2/2008 5:06 PM CIH/FJC Regular Council Meeting e December 16, 2008 -Page 37 of 126 _ 2 _ 1 • 1 I • • DEED OF ABANDONMENT (Exempt: A.R.S. ~ 11-1134 (A) (3)) The TOWN OF M~RANA, an Arizona municipal corporation, hereby abandons pursuant to A.R.S. ~ 28-7205 and Town of Marana Resolution No. 2008-~i in favor of [ADJACENT LANDOWNER'S NAME(S)] the following described real property situated in Pima CountS~, Arizona. SEE LEGAL DESCRIPTION ATTACHED TO THIS INSTRUMENT AS EXHIBIT A AND INCORPORATED HERE BY THIS REFERENCE RESERVLNG easements pursuant to A.R.S. ~ 28-7210 for the following as they existed before this abandonment: (a) existing sewer, gas, water or similar pipelines and appurtenances, (b) canals, laterals or ditches and appurtenances and (c) electric, telephone and similar lines and appurtenances. FURTHER RESERVING an easement over the entire property abandoned by this instrument for maintenance of the adjacent Thornydale Road noise walla FURTHER RESERVING cone-foot no-access easement along the western edge of the property abandoned by this instrument.z FURTHER RESERVING, by deed reservation over the property abandoned by this instrument, Hate ~ any kind fe e con- ~ut cturally TOWN OF MARANA, ARIZONA Gilbert Davidson, Town Manager The undersigned hereby accepts tide to the property abandoned by this instrument sub- ject to the reservations set forth in this in- strument, and agrees, pursuant to A.R.S. 28-7215(B), to assume the costs of maintain- ing and the liability for the property aban- doned by this instrument. [ADJ_~CENT LANDOWNER'S NAME(S)] Regul~~~~lj~'I~~ti~ -December 16, 2008 -Page 39 of 126 ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney -1 - iz/z/zoos z:sl ~>~t FJc STATE OF ARIZONA County of Pima ~ ss. This instrument was acknowledged before me on 200_, by Gilbert Davidson, Town Manager, on behalf of the TOWN OF MARANA. My Commission Expires: Notary Public STATE OF ARIZONA County of Pima ~ ss. This instrument was acknowledged before me on , 200_, by [ADJACENT LANDOWNER'S NAME(S) and marital status or entity type]. My Commission Expires: Notary Public ' Add for appropriate properties: "and for the flow of water and floodwater"] ' Add for the properties south of Horizon Hills Drive: ", effectively moving to the edge of the new Thornydale Road frontage the one-foot no-access easement created along the Thornydale Road frontage by Briargate Resubdivision, a subdivision recorded in Book 31 of Ma s and Plats Pa e 3 Pima Coun * Recorder's office." Add for the two lots . between s 'i ower ee o t f the n le Road frontage one-foot no- ease t treat al orn e d fro e by Horizo ~ s a division recorded of M Plat ou 's ice." 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM To: Mayor and Council From: Suzanne Machain ,Human Resources Director Item A 4 Subject: Resolution No. 2008-168: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 -Compensation, Chapter 4 - Employment Benefits, and Chapter 6 -Employee Development; and declaring an emergency Discussion: The Town's Personnel Policies and Procedures were adopted by the Town Council by Ordinance 99.12 and Resolution 99-38 on May 18, 1999 and have been revised very little since that time. Town staff has begun a comprehensive review of all of the Personnel Policies in order to update and clarify the • policies and to bring them into compliance with current laws and Town procedures. This item proposes changes to Chapters 3, 4, and 6 of the Personnel Policies, covering "Compensation," "Employment Benefits" and "Employee Development" respectively. Staff anticipates that revisions to the remaining chapters will be brought to Council in the coming year. Consistent with Ordinance 99.12 and Resolution 98-38, amendments to the Personnel Policies and Procedures may not be adopted at the Council meeting where they are first presented, but must be considered anal discussed at one Council meeting and then proposed for adoption at a later Council .meeting. The first presentation of the proposed changes to Chapters 3, 4, and 6 occurred on November 18, 2008. During this session, questions were raised regarding two policy provisions. The first involves the methodology. for calculating overtime hours during a week with a holiday, and the second involved the repayment of tuition reimbursement if a Town employee separated employment from. the Town within a specified period of time. Staff recommendations regarding these issues are included in the attached documents. Specifically, staff recommends that the calculation of overtime include only those hours actually worked and that hours not worked. for the holiday not be included in the calculation. With regard to Tuition Reimbursement, language has been added requiring employees who separate employment within 12 months of receiving reimbursement to repay the Town. Staff also advised the Mayor and Council that enhanced revisions to the policies would be forthcoming in order to include Department of Labor final rulings on the National Defense Authorization Act. These changes have been incorporated throughout Policy 4-7 Family and Medical Leave. Staff is proposing one additional change that was not presented at the November 18, 2008 meeting. It is proposed that Policy 4-13, Benefits Continuation/COBRA, be amended to include a provision that the Town Manager may authorize payment of COBRA benefits by the Town for up to 6 months in the event • an employee is laid off. It is recommended that the Mayor and Council adopt the amendments as proposed. Regular Council Meeting -December 16, 2008 -Page 46 of 126 ATTACHMENTS: Name: Description: Type: ^ Reso Amendments to Chapters3, 4 and__6 Resolution Resolution (0001204. DO_C ^ Latest_revisions to_Chapter 3 00012036~~ DOC Revised Chapter 3 Exhibit ^ Latest Revisions_to Chapter 400012037-2).bOC Revised Chapter 4 Exhibit ^ Latest_Revsons_ to Chapter ~00012038).DOC Revised Chapter 6 Exhibit Staff Recommendation: Staff recommends adoption of amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 -Compensation, Chapter 4 -Employment Benefits, and Chapter 6 -Employee Development. Suggested Motion: I move to adopt Resolution No. 2008-168. • Regular Council Meeting -December 16, 2008 -Page 47 of 126 MARANA RESOLUTION N0.2008-168 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 3 - COMPENSATION, CHAPTER 4 -EMPLOYMENT BENEFITS, AND CHAPTER 6 - EMPLOYEE DEVELOPMENT; AND DECLARING AN EMERGENCY WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel .Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at its November 18, 2008 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY .THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. Chapter 3 of the Town's Personnel. Policies and Procedures, entitled "Compensation," is hereby amended as set forth on Exhibit A attached to this resolution. Section 2. Chapter 4 of the Town's Personnel Policies and Procedures, entitled "Employment Benefits," is hereby amended as set forth on Exhibit B attached to this resolution. Section 3. Chapter 6 of the Town's Personnel Policies and Procedures, entitled "Employee Development," is hereby amended as set forth on Exhibit C attached to this resolution. • Regul~~~Gi~ -December 16, 2008 -Page 48 of 126 JF 12/5/08 • Section 4. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. Section 5, 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 16th day of December, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk • Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~0l3Ad~f~ -December 16, 2008 -Page 49 of 126 -2- • ,~~~ MARAIVA `'/1\ TOWN~.NIARANA CHAPTER 3 COMPENSATION Policy 3-1 EMPLOYMENT SERVICE The Town of Marana's employment service is divided into classified service, unclassified service, term-limited temporary employment and short-term temporary employment. Employees in positions designated as classified service are governed by these Personnel Policies and Procedures. Employees in positions designated as unclassified service, term-limited temporary or short-term temporary are subject to these Personnel Policies and Procedures only where specifically noted herein or in the Marana Town Code. Non-employee positions, as defined by Title 3 of the Marana Town Code, are not subject to these Personnel Policies and Procedures. Section 3-1-1 Classified Service This category of employment is comprised of all regular full- and part-time employees of the Town who are employed in positions other than those designated in Title 3 of the Marana Town Code as unclassified, term-limited or short-term temporary. Section 3-1-2 Unclassified Service • This category of employment is comprised of all employees of the Town who are employed in unclassified positions as designated in Title 3 of the Marana Town Code. Unclassified employees are part of a responsive management team that exists to carry out the goals and policies of the Town. Section 3-1-3 Term-Limited Temporary Employment This category of employment is comprised of temporary positions, with work related to a specific grant, capital improvement project, technology services project or other non-routine substantial body of work, for a term of six to 36 months. Section 3-1-4 Short-Term Temporary Employment This category of employment is comprised of temporary positions for a time period that does not exceed six months or 1040 hours in a rolling 12-month period. These positions are used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing. {oooizo36.~oc i}3-1 Exhibit A to Resolution No. 2008-168 ~~'r MARANA v N`;/1\ TOWN OFMARANA CHAPTER 3 COMPENSATION Policy 3-2 POSITION STATUS Positions within the Town are generally designed for regular full-time employees. However, in certain functions and during some seasons, work schedules and Town needs may require the services of other than full-time employees. Section 3-2-1 Definitions The following definitions shall apply whenever these terms are used throughout these Personnel Policies and Procedures. A. At-will Employment: Employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. B. Exempt Employees: Employees who devote most of their hours to activities that are managerial, administrative or professional. These employees are excluded from specific provisions of federal and state overtime wage and hour laws and are generally not entitled to overtime pay. C. Non-exempt Employees: Employees who- devote most of their hours to activities that are not managerial, administrative or professional. These employees are entitled to overtime pay under the specific provisions of federal and state laws. D. Promotional Position: A position to which a current Town employee is promoted. To be considered a promotional position, the position must be in a higher classification than the position that the employee originally served in. Section 3-2-2 Position Categories The Town employs personnel in a number of position categories including, but not limited to, the following. A. Regular Full-Time: A classified or unclassified employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 40 hours per week. To attain this status, the employee must successfully complete an initial evaluation period, as defined in these Personnel Policies and Procedures, either as a new hire or in a promotional position. Employees in this category are eligible for the Town's full benefits package. • • Exhibit A to Resolution No. 2008-168 ~i,\ MARANA TOWN OF MARANA CHAPTER 3 COMPENSATION B. Probationary Full-Time: A classified employee serving in an initial evaluation period either as a new hire or in a promotional position. Employees serving in an initial evaluation period as a new hire or in a promotional position are at-will employees. Employees in this category are eligible for the Town's full benefits package. C. Regular Part-Time: A classified or unclassified employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 20 hours but less than 40 hours per week. To attain this. status, the employee must successfully complete an initial evaluation period either as a new hire or in a promotional position. Employees in this category are eligible for the Town's full benefits package. D. Probationary Part-Time: A classified employee working less than 40 hours per week, but more than 20 hours per week, who is serving in an initial evaluation period either as anew hire or in a promotional position. Employees serving in an initial evaluation period as a new hire or in a promotional position are at-will employees. Employees in this category are eligible for the Town's full benefits package. • E. Management/Administrative Intern: A short-term temporary employee who is regularly enrolled as a student in a recognized educational institution or special program for adults and/or seniors during the regular school year. Management/Administrative Interns are at-will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. F. Executive Fellow: Aterm-limited temporary employee who is in hislher final segment of the regular school year or has graduated from an accredited college or university in a field directly related to local government management. An Executive Fellow is an at-will employee. Employees in this category are eligible for the Town's full benefits package. G. Seasonal Employee: A short-term temporary employee who works less than 1040 hours in a rolling 12-month period. Seasonal employees are at-will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. Exhibit A to Resolution No. 2008-168 ^'1-L,~ MARANA rowN o~ MnanaA CHAPTER 3 COMPENSATION Policy 3-3 CLASSIFICATION PLAN The Town Manager shall ensure the preparation, development and maintenance of a classification plan consisting of descriptions of positions defined by essential duties, qualifications, knowledge, skills and abilities characteristic of the positions. Section 3-3-1 Purpose The classification plan shall be developed and maintained so that all positions substantially similar with respect to duties, responsibilities, authority and character of work are similarly classified and compensated, and positions substantially different in scope and complexity are appropriately classified and compensated. Section 3-3-2 Plan Amendment A. All amendments to the classification plan require the approval. of the Town Council. Amendments shall be submitted to the Town Council through the Town Manager. B: The classification plan may be amended by ordinance, resolution, motion or adoption of the Town's annual budget. C. Any position not established by Title 9 of the Arizona Revised Statutes may be abolished by the Town Council. Section 3-3-3 Position Classification A. Position classifications shall be maintained by the Human Resources Department for all regular full-time and regular part-time positions in the classified and unclassified service. B. Position classifications are descriptive only and are not restrictive in nature. The omission of specific duties from a position classification does not exclude those duties from the position if the work is related or a logical assignment to the position. Supervisors may assign different tasks to a position within a classification when the duties are similar in type and responsibility to those described in the classification description. C. The classification description does not constitute an employment agreement between the Town and employee and is subject to change as the needs of the Town and the requirements of the job change. D. When the duties or responsibilities of a position have changed significantly, the Town Manager will ensure that the position is reclassified accordingly. • • ,oooizos6.DOC i}3-4 Exhibit A to Resolution No. 2008-168 MARARIA ~^"%/ 1 \ row~u of ruwwA CHAPTER3 COMPENSATION Section 3-3-4 Position Classification Review Whenever a reorganization, change in job content or Town Council action causes the duties of a position to change or creates the need for a new position, or a position otherwise appears to have been incorrectly classified, the Town Manager may reclassify the position to a more appropriate classification. A. The Town Manager, in consultation with the Human Resources Director, shall establish an Administrative Directive outlining the process for review of a specific position classification and for review of the classification plan as a whole. B. If there has been a significant change or a gradual accretion of duties and responsibilities over the period of one year, an employee or a Department Head may submit a written request to the Human Resources Department to determine if a review of the position is warranted. Such review shall require the completion of a position description questionnaire. • C. When there is any substantial change, addition, or deletion to the duties assigned to a position, the Department Head will provide a completed position description questionnaire to the Human Resources Director. D. An employee whose position is reclassified upward will be promoted to the higher classification. An employee whose position is reclassified due to reorganization will be transferred, promoted, demoted, or laid off in accordance with applicable provisions in these Personnel Policies and Procedures. If the reclassification results in a demotion, and if the employee remains in the reclassified position, then the employee will be considered to have taken a voluntary demotion. E. Implementation of a reclassification and any related pay change shall be prospective and is effective when the classification is approved by the Town Manager. Any pay increase, if applicable, shall be subject to the limits on pay increases that govern pay upon promotion. F. A position classification review decision is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. Exhibit A to Resolution No. 2008-168 ~~r MARANA x'11 `~. towN of rtn;nrur~ua CHAPTER 3 COMPENSATION Policy 3-4 COMPENSATION PLAN The total compensation program for the Town of Marana is comprised of salary/wages, benefits and other less tangible elements that are of value to employees such as the work environment, security, career opportunities and overall health. Each element plays a role in the Town's pay strategy. Section 3-4-1 Total Pay Philosophy A. Salary: The Town provides pay opportunity (e.g. ranges or steps) that is designed to provide managers flexibility and to provide at- or above-market median cash compensation to those employees who are strong pertormers and consistently make contributions to the Town's success. The market is regularly assessed to ensure that salary ranges remain competitive. B. Market: The Town's market is defined as public and private sector employers similar to Marana in size and complexity and in locations where the Town looks to secure labor talent. C. Benefits: The Town's benefits in total are targeted to provide above average value to its employees. Each individual benefit program is designed to provide an employee with security in case of unforeseen events and for retirement. Section 3-4-2 Compensation Plan/Salary Schedule Adjustments All general salary increases, market adjustments, pay for performance increases or other modifications to the compensation plan and/or salary schedule require the approval of the Town Council. Amendments and revisions shall be submitted to the Town Council through the Town Manager. Section 3-4-3 No Right of Appeal The establishment of a compensation plan, including salary schedules, allocation of classifications to a specific grade, assignment of pay to an employee and changes or adjustments to the compensation plan, are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures, unless a change in pay is the result of a disciplinary action that is subject to the personnel action review procedures. • • {00012036.ooc i~3-6 Exhibit A to Resolution No. 2008-168 • MARAI~A ~".~1` TOWN OFMARANA CHAPTER 3 COMPENSATION Policy 3-5 PERFORMANCE MANAGEMENT The Town's performance management program relies on a system of establishing goals, strategies and pertormance benchmarks for the organization and then identifying how individual and team efforts contribute to the overall achievement of Town strategic objectives. Each employee is an important part of the Town's overall success in its mission to serve the citizens of Marana. An employee's performance is directly linked to his or her compensation. The Town Manager is responsible for establishing a systematic process for the ongoing evaluation of organizational and employee performance. At a minimum, this system will link to Town-wide goals and strategies, set appropriate expectations, share ongoing and timely feedback, provide opportunities for coaching and distinguish between levels of performance. The Human Resources Director shall be responsible for ensuring implementation of an employee performance management system. Section 3-5-1 Initial Evaluation Period The initial evaluation period is a period of time, as determined by the Town Manager, • constituting the final step in the competitive screening process for appointment to a regular full- or part-time classified service position or for promotion from one classified service position to another. A. All full- and part-time employees hired in positions designated as part of the classified service or promoted from one classified service position to another shall serve in an initial evaluation period for 6 to 18 months from the date of hire. The length of the initial evaluation period shall be set forth in the employee's offer of employment letter. Employees shall be evaluated at least once during this initial evaluation period; however, managers and supervisors are encouraged to evaluate employees more often to provide ongoing feedback. B. A newly hired or promoted employee's appointment to a full- or part-time position designated as part of the classified service will not be deemed final until successful completion of the initial evaluation period as evidenced by a satisfactory rating on the final pertormance appraisal document completed during this period. Managers and supervisors are encouraged to complete and review this performance appraisal document at least two weeks in advance of the date that the employee's initial evaluation period is scheduled to conclude. The Human Resources Department is responsible for maintaining records of employee appointments and promotions and the duration of initial evaluation periods. Department heads are responsible for ensuring that training, informal feedback about pertormance, and formal pertormance appraisals are completed in a timely manner during the initial evaluation period. C. Employees serving in an initial evaluation period either as a new hire or in a promotional position are at-will employees as defined in these Personnel Policies and Procedures. {oooiza36_coc i;3-7 Exhibit A to Resolution No. 2008-168 ~r MARAI~A ~'`'/ 1 \ TOWN OF NIARANA CHAPTER 3 COMPENSATION As such, during the initial evaluation period, employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head after consultation with and approval by the Human Resources Director. The employee shall be notified in writing that they have failed to successfully complete the initial evaluation period. The decision to terminate employment during the initial evaluation period for either a new hire or an employee in a .promotional position is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures D. Notwithstanding that employees in an initial evaluation period in a promotional position are at-will employees, an employee who does not successfully complete the initial evaluation period in a promotional position may be restored to his or her former position. Such restoration is not mandatory, but is optional at the discretion of the Town and within the limits of available authorized positions. If an employee is restored to his or her former position, restoration shall include restoration of the employee's former pay and all other benefits to which he or she would have been entitled if the promotion had not occurred. Section 3-5-2 Extension of the Initial Evaluation Period The Town may extend an employee's initial evaluation period if it is determined that more time is necessary to evaluate the pertormance of the employee. All extensions of the initial evaluation period shall be approved by the Department Head and the Human Resources Department. The employee shall receive a written notice of the extension no later than the last day of the initial evaluation period. If the employee is unavailable to receive such a notice in person, the Town shalt send a letter to the last known address of the employee on file with the Human Resources Department. In either case, the date of the letter shall be deemed the effective date of the notice. A copy of the notice of extension will be forwarded to the Human Resources Department for inclusion in the employee's personnel file. Under no circumstances may the total time for the initial evaluation period exceed 24 months. The initial evaluation period may be extended under, but not limited to, the following circumstances. A. The employee has had a leave of absence during the initial evaluation period that exceeds 15 calendar days. B. The employee's pertormance is not satisfactory, but the Department Head believes that with more time and supervision the employee may succeed in the position. In such cases, the Department Head shall develop a documented plan of action for improvement. C. Supervisor continuity is interrupted during the initial evaluation period. • • {00012036.DOC /; 3-g • Exhibit A to Resolution No. 2008-168 • ~r-~=,\ MARANA :""'~ TOWN 4F MARANl1 CHAPTER 3 COMPENSATION D. The work assigned to the employee's position is cyclical and the initial evaluation period did not provide an opportunity to adequately evaluate all aspects of an employee's performance. Section 3-5-3 Pertormance Management Process A. Classified employees who have completed the initial evaluation period as either a new hire or in a promotional position and whose positions are not on a step pay plan shall receive a formal performance appraisal document once per year. This appraisal shall be for the performance period covering the prior fiscal year, beginning on July 1 and ending on June 30. B. Classified employees who have completed the initial evaluation period. as either a new hire or in a promotional position and whose positions are on a step pay plan shall receive a formal performance appraisal. document once per year on the anniversary of the employee's completion of the initial evaluation period. This appraisal shall be for the pertormance period covered during the prior year, from anniversary date to anniversary date. C. Department Heads and supervisors shall recommend an appropriate performance appraisal rating based on the Town's pay for performance guidelines. D. Opportunities for adjustments to pay based on performance are established by the Town Council each year as part of the annual budget process. The amount of funds available for merit increases are subject to economic conditions and the Town's ability to pay. E. If an employee disagrees with his or her performance appraisal document, the employee may submit a written appeal to the Department Head within three working days of the employee's receipt of the performance appraisal document. If the employee is not satisfied with the Department Head's response, the employee may submit a written appeal to the Human Resources Director within three working days of the employee's receipt of the Department Head's response. The decision of the Human Resources Director or designee shall be final and is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. F. The original employee performance evaluation, the employee's written appeal and the employee's comments, if any, shall become a permanent part of the employee's official personnel file and will remain filed for the length of time required by law. Exhibit A to Resolution No. 2008-168 ~~~ MARA'NA Town of avwaa CHAPTER 3 COMPENSATION Policy 3-6 PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 pay periods in the calendar year. Section 3-6-1 Time Sheets and Payroll Records A. All non-exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave .taken, in each pay .period. The employee's direct supervisor shall sign the time sheet verifying the employee's hours worked and leave taken. The employee's department shall submit the time sheet to the Finance Department by the deadline established by Finance for each pay period. If the employee used any leave time during the pay period, a leave authorization request shall be attached to the time sheet. • B. All exempt employees shall complete leave authorization requests documenting time off from work for the equivalent of one full work day or more in any pay period where such leave is taken. Leave authorization requests shall be signed by the exempt employee's . supervisor verifying the employee's time off work. Leave authorization requests shall be submitted to the Finance Department by the deadline established by Finance for each pay period. C. Payroll records shall be maintained by the Town for a minimum of seven years. D. The Finance Department is responsible for answering inquiries concerning payroll matters. The Finance Department and the Human Resources Department will work collaboratively to resolve pay inquiries in an expeditious manner. E. Falsification of time sheets or leave authorization requests is grounds for disciplinary action, up to and including termination Section 3-6-2 Pay Checks A. Checks are distributed by the Finance Department to each department by noon on the Friday following the close of the pay period. B. With each pay check, employees receive a statement of earnings, deductions, leave balances and compensatory time balance for the period covered by the payment. C. In the absence of specific instructions or direct deposit, checks for those who are away on the regular pay date will be held by the Finance Department until the employee returns to work unless other arrangements are made in writing. {ooot~o36.~oc i;3-10 Exhibit A to Resolution No. 2008-168 ~~~\ MARA{yA .`~"/1\ TOWN QF NIARANA CHAPTER 3 COMPENSATION D. An employee's pay check may be released to the employee's spouse, designated family member or to another person only if authorized in writing and in advance by the employee. E. Employees are expected to cash their pay checks on their personal time. Section 3-6-3 Payroll Deductions A. Mandatory deductions required by law shall be withheld from all employees' paychecks each pay period. These include, but are not limited to, state-mandated retirement contributions, federal income tax, state income tax, Social Security and Medicare (FICA) and any legal wage garnishment. B. Voluntary deductions require an employee's written authorization. Examples include, but are not limited to, direct deposit, deferred compensation, United Way contributions, dependent health insurance coverage and supplemental health insurance. Section 3-6-4 Pay Advances The Town of Marana does not grant requests for pay in advance of the regular pay day. {00012036.DOC /; 3-11 Exhibit A to Resolution No. 2008-168 ~~~ MARANA :"^'/ I tOWN OFNIARANA CHAPTER 3 COMPENSATION Policy 3-7 WORKING CONDITIONS Section 3-7-1 Work Week The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. The Town Manager may establish alternative or flexible work schedules, but at no time shall those schedules interfere with the normal operations of the Town government. A work week generally begins every Saturday at 12:01 A.M. and ends the following Friday at 12:00 midnight. The Town Manager or Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. A supervisor may require any employee to temporarily perform service in excess of 40 hours in a five day week when necessary to maintain Town operations. When such work is required, the overtime and compensatory time provisions in these Personnel Policies and Procedures and state and federal law shall apply. Section 3-7-2 Overtime Eligibility As part of the classification plan, the Human Resources Director shall evaluate the body of work for a position classification and determine if employees in that position classification are subject to the provisions of the Fair Labor Standards Act (ELBA). Position classifications shall either be exempt or non-exempt from the provisions of the FLSA, as defined in these Personnel Policies and Procedures and state and federal law. The Human Resources Director shall employ all evaluation techniques and methods prescribed by the FLSA for determining the overtime status of a position classification. The Human Resources Director is responsible for continually reviewing and updating the FLSA status of position classifications. All employees in unclassified positions are exempt from the FLSA, as being a part of a responsive management team. Section 3-7-3 Overtime and Compensatory Time It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime work may be necessary to handle emergency situations and to meet seasonal or peak workload requirements of a critical nature. Department Heads are responsible for the planning required to minimize the need for overtime. The provisions of this section apply only to non-exempt employees. A. Whenever a nonexempt employee is required to work more than 40 hours in a work week, the employee shall be compensated for the hours worked in excess of 40 at the rate of one .and one-half times the employee's regular base rate of pay. In the alternative, the employee may take one and one-half hours of compensatory time off for each hour worked in excess of 40 hours in a work week. • {oooizo36.~oc i; 3-12 Exhibit A to Resolution No. 2008-168 • r"r~"~ MARANA ~"'/1\ TOWNAF NIAR,4NA CHAPTER 3 COMPENSATION B. The employee shall designate whether he or she desires to receive pay at the rate of one and one-half the employee's regular base pay rate or compensatory time off at the time the overtime is documented on the payroll time sheet. An employee is not required to accept compensatory time in lieu of overtime pay unless the employee agrees to this arrangement before the employee pertorms the overtime work. . • C. Hours worked for purposes of calculation of overtime shall be defined as time on the job performing a responsible work assignment. D. Time shall begin once the employee is at the work station or at the calf origination for emergencies. E. Vacation, sick, holiday and other leave shall not be considered time worked and shall be deducted from hours worked during overtime calculation for each work week. F. Hours actually worked on Town-approved holidays shall be included as hours worked for the purposes of calculating overtime in a work week. G. Pay for work beyond an employee's regularly scheduled work day or work week will be at the straight time hourly pay rate unless and until the employee has actually worked more than 40 hours in a work week. H. The Department Head must specifically authorize the rendering of overtime services. Employees shall obtain such authorization prior to working any overtime,. unless the overtime is deemed to be an emergency by the Department Head. I. An employee's compensatory time balance must not exceed 80 hours. The Town Manager may make an exception to the accumulated compensatory time balance as recommended by the Department Head. J. The following provisions apply to the use of compensatory time: 1. Compensatory time may not be used before it is accrued.. 2. An employee must submit a written request in advance to use compensatory time. 3. Requests to use compensatory time will be approved unless the employee's absence during the period requested will unduly disrupt Town or department operations. 4. Compensatory time must be used during the calendar year in which it is accrued unless this is not feasible due to work demands. The employee may then request, • {0ool2os6.~oc i}3-13 Exhibit A to Resolution No. 2008-168 filar Council Meeting -December 16, 2008 -Page 62 of 126 Reg ~~, MAf~NA .'`'/1\ TOWN Of MARANA CHAPTER 3 COMPENSATION and the Department Head may approve, the carryover of a maximum of 40 hours of accrued compensatory time. 5. Compensatory hours that have been carried over must be used within the first quarter of the new calendar year. K. Payment for accrued but unused compensatory time is as follows: 1. Employees will be paid in the pay period that includes December 31 for all accrued compensatory time not carried over into the following year. 2. If an employee is terminated or otherwise separates from employment while in a non-exempt position, the employee will be paid for all accrued compensatory time. 3. If ah employee is promoted into an exempt position, the employee will be paid for all accrued compensatory time prior to the effective date of the promotion at his or her rate of pay in the non-exempt position. L. Nothing in this policy shall be construed to contravene the provisions of the Fair Labor Standards Act (ELBA). Section 3-7-4 Exempt Employees The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the FLSA. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. FLSA exempt employees may be required to work a specified schedule set by their supervisor. • • {00012036.ooc i}3-14 Exhibit A to Resolution No. 2008-168 • MARAI~A ~^'./ 1 \. TOWN pENIARANA CHAPTER 3 COMPENSATION Policy 3-8 HOLIDAY .PAY It is the policy of the Town to grant paid time off to eligible employees on the Town Council-approved holidays listed in Chapter 4 of these Personnel Policies and Procedures. However, if anon-exempt employee is required to work on aTown-approved holiday, the employee is also eligible for holiday pay. Section 3-8-1 Calculation of Holiday Pay A. Full-time non-exempt employees who are required to work on aTown-approved holiday. shall be compensated for eight hours paid time for the holiday, plus their regular rate of pay for time actually worked on the holiday. B. Part-time non-exempt employees who are required to work on aTown-approved holiday shall be compensated paid time for the holiday, prorated to the employee's normal work schedule, plus their regular rate of pay for time actually worked on the holiday. • C. Holiday pay will be at the employee's regular base rate of pay unless the employee works more than 40 hours in the work week that includes the holiday. Hours in excess of 40 hours in the work week shall be compensated according to the overtime and compensatory rules set forth in this Chapter. Section 3-8-2 Exempt Employees FLSA exempt employees are expected to work the hours necessary to satisfactorily pertorm their jobs. Exempt employees will receive their normal rate of pay for the work week regardless of whether or not they work on aTown-approved holiday and regardless of whether they are on a standard or alternative work schedule. {ooo~zo36 Doc i}3-15 Exhibit A to Resolution No. 2008-168 ~~~\ MARANA "^=/ i TOWN OF MARANA CHAPTER 3 COMPENSATION Policy 3-9 ADJUSTMENTS TO PAY Section 3-9-1 Promotion A. The Town encourages succession planning to develop in-house talent for promotional opportunities. Generally, promotions are made using a competitive recruitment process. With sufficient justification and the approval of the Human Resources Director, a competitive recruitment process may be restricted to internal applicants or waived entirely for promotional opportunities. Internal candidates who are selected for a promotional position must possess alt of the minimum qualifications for the position upon hire, unless the Human Resources Director or designee approves an exception that allows the employee to attain a particular certification or other requirement as a condition of successful completion of the initial evaluation period. B. Pay upon promotion shall be at the entry level of the new salary range or five percent, whichever is greater. In extenuating circumstances, the Town Manager or designee may consider additional pay at the time of promotion; however, in no circumstance shall the promoted employee's rate of pay exceed the salaries of incumbents in the same or similar positions. Section 3-9-2 Demotion A. An employee may move to a position in a lower classification due to reorganization, reclassification or reduction in force. In these situations, the employee's salary shall be reduced to an amount that does not exceed the maximum of the new classification range. tf the employee's salary in the higher classification does not exceed the rate of pay for the new salary range, the employee's salary may remain unchanged upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. B. An employee may move to a position in a lower classification due to pertormance issues or disciplinary action. In these situations, the employee's salary shall be reduced by the percentage difference between the mid-point of the higher classification salary range and the mid-point of the lower classification salary range. Section 3-9-3 Lateral Transfer A lateral transfer occurs when an employee stays in the same salary grade and classification but moves to a different department or moves to a different classification that is assigned to the same salary grade. There shall be no change to the employee's salary for a lateral transfer. • {oooi2o36.ooc i}3-16 Exhibit A to Resolution No. 2008-168 MARANA .~`'/1\ TOWN Of.NIARANA CHAPTER 3 COMPENSATION Section 3-9-4 Reclassification A. When a position is reclassified to a higher classification, employees in that position shall be eligible for the same pay increase as provided upon promotion. B. When a position is reclassified to a lower classification, the salaries of employees in that position may be "frozen" or "redlined" until the employees' salaries are at or below the top of the salary range for the new classification. Salaries shall only be frozen or redlined upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. When salaries are frozen or red-lined due to a reclassification to a lower classification, employees may only receive lump sum performance awards until their salary is at or below the top of the salary range for the new classification. Section 3-9-5 Effective Date of Pay Changes • A. Changes in pay rate, benefits, classification, working conditions and employment status shall be documented on a Personnel Action Form (PAF) signed by the Department Head/General Manager, Human Resources Director, Finance Director and Town Manager or designee. The PAF shall be made a part of the employment history record of the employee. No change to an employee's pay rate, benefits, classification, working conditions or employment status shall be implemented unless accompanied by an approved PAF. B. Unless otherwise specified in these Personnel Policies and Procedures or by Town Council action, the effective date of adjustments to pay shall be the first day of the next pay period after the adjustment is made. Adjustments to pay for employees on unpaid leaves of absence shall be implemented upon the employee's return to work. Section 3-9-6 Special Assignment Pay A. Special assignment pay may be provided to employees who are engaged in one of the following activities: 1. Working out-of-classification in a higher level classification 2. Pertorming additional duties outside of the scope of the employee's regular classification for a limited period of time, such as assuming the responsibilities of a vacant position 3. Serving in a lead or supervisory role when the employee's regular position does not require lead or supervisory responsibilities Exhibit A to Resolution No. 2008-168 {ooaizos6.~oc i}3-17 >~~ MARAI~IA ~"/1\ TOWN'OF MARANA CHAPTER 3 COMPENSATION B. Special assignment pay begins when the employee is assigned the additional duties or begins working out of classification. C. Special assignment pay shall be at the rate of five percent of the employee's regular base rate of pay. However, the Human Resources Director may recommend special assignment pay of up to 10% of the employee's regular base rate of pay in extenuating circumstances. D. The Department Head must request special assignment pay in writing. All special assignment pay must be approved by the Human Resources Director and the Town Manager or designee. Special assignment pay shall be approved in six month increments, not to exceed a total of one year. E. Any increases to base pay that are made while an employee is receiving special assignment pay, such as pay for performance awards, general increases or market adjustments, shall be calculated using the employee's regular base rate of pay before the application of the special assignment pay. The special assignment pay may be recalculated after increases are added to the employee's base rate of pay. Section 3-9-7 Call-Out Pay When anon-exempt 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 pay each time called out, or the actual time 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. The Department Head or designee must authorize all call outs. Section 3-9-8 On-Call/Stand-By Assignments; On-Call/Stand-By Pay The Town Manager may designate certain non-exempt positions as eligible to receive on-call and/or stand-by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads who have such positions in their chain-of-command shall determine the length, duration and rotation of on-call or stand-by assignments. The rate of pay for on-call and stand-by assignments shall be determined by the Town Manager based on budget capacity with consideration given to the rates paid for comparable assignments in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. ,oootzo36.ooc i}3-l 8 Exhibit A to Resolution No. 2008-168 • !J~~~. MARANA .w`^~/1\ TOWN OF.NIAitANA CHAPTER 3 COMPENSATION Section 3-9-9 Shift Differential Pay Shift differential pay shall be provided to non-exempt employees for any hours worked between 6:00 p.m and 6:00 a.m. Shift differential pay is an hourly amount added to the employee's regular base rate of pay. Shift differential .pay shall be determined by the Town Manager .based on budget capacity with consideration given to the shift differential rates paid in other jurisdictions that make up the Town's .market for the purposes of surveying pay and benefits. {00012036.DOC /}3-19 Exhibit A to Resolution No. 2008-168 ~'~~~\ MARANA ..~ / # TOWN OF'MARANA CHAPTER 3 COMPENSATION Policy 3-10 EMERGENCY CLOSURES Emergencies such as severe weather, fires, power failures or floods can disrupt Town operations and may require the closing of a work facility. Closing of a work facility is at the sole discretion of the Mayor, Town Council or Town Manager. In the event that such an emergency occurs during non-working hours, Department Heads will be responsible for notifying the affected employees. Section 3-10-1 Pay During Emergency Closures A. When operations of the Town or any part of the Town are officially closed due to emergency conditions, the time off from scheduled work will be paid. B. Employees in essential operations may be asked to work because of emergency conditions on a day when non-essential operations are officially closed. If the hours worked are within the normally scheduled work day and work schedule, the employee will receive the regular base rate of pay. Any hours actually worked during an emergency closure shall be included as hours worked for the purposes of calculating overtime in a work week. • ,aoo~zos6.~oc i}3-20 Exhibit A to Resolution No. 2008-168 r~~./~ MARAN T6WN OF NIARANA CHAPTER 3 COMPENSATION Policy 3-11 VEHICLE ALLOWANCE/TAKE-HOME VEHICLES The Town Manager may authorize a monthly vehicle allowance or the use of a Town take-home vehicle for certain employees. The Town Manager shall take into consideration the amount and type of local travel required of a position when granting a vehicle allowance or providing a Town take-home vehicle. Section 3-11-1 Unclassified Employees A. The Town Manager may provide a vehicle allowance or take-home vehicle to unclassified employees to compensate them for required frequent travel to meetings and work assignments throughout the Town and Pima County. • B. The Town Manager may authorize the use of a Town take-home vehicle in lieu of a monthly vehicle allowance for an unclassified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take-home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3-11-2 Classified Employees The Town Manager may authorize the use of a Town take-home vehicle for a classified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take-home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3-11-3 Vehicle Allowance A. The Town Manager shall establish monthly vehicle allowance rates within Town Council-approved budgetary limits. B. Employees who receive a monthly vehicle allowance may not use a Town vehicle as a take-home vehicle and may not request mileage reimbursement for local travel within a one-way direction of 25 miles from the employee's regular work location. Section 3-11-4 Take-Home Vehicles A Town employee who is authorized the use of a Town take-home vehicle may not receive a vehicle allowance during the same time period. • {00012036.DOC /; 3-21 Exhibit A to Resolution No. 2008-168 ~~/ MARANA f""/ 1 TOWN OFiNLARANR CHAPTER 3 COMPENSATION Policy 3-12 RELOCATION AND INTERVIEW EXPENSES Section 3-12-1 Relocation Expenses A. The Town Manager, in his or her sole discretion, may authorize reimbursement of relocation expenses for a newly hired unclassified employee in an amount of up to $5, 000. B. Reimbursement of relocation expenses shall be a one-time reimbursement, limited to the cost of moving furniture and personal effects from the employee's current home to his or her new home. C. The reimbursement shall be treated as income to the employee. D. The relocation and reimbursement of expenses must occur within the 12-month period following the unclassified employee's hire date. E. Unclassified employees who are offered and accept reimbursement of relocation expenses shall be required to sign an agreement as part of an initial offer of employment letter indicating acceptance of all the terms of the relocation expense reimbursement. Section 3-12-2 Interview Expenses In an effort to attract and consider candidates with exceptional. qualifications, and to ensure a competitive interview pool, the Town Manager may, in his or her sole discretion, authorize payment of travel expenses to and from an interview process at the Town of Marana for a vacant, unclassified position. Only transportation and lodging expenses shall be considered for reimbursement. • • ;oooizos6.~oc i}3-22 Exhibit A to Resolution No. 2008-168 • ~'~ MARANA rows oF;Mnxgryn CHAPTER 3 COMPENSATION Policy 3-13 CONFLICT WITH MEMORANDUM OF UNDERSTANDING Section 3-13-1 Conflict with Memorandum of Understanding If any of the provisions of this Chapter conflict with the provisions of any memorandum of understanding between the Town of Marana and a designated public safety employee organization, as referenced in Title 4 of the Marana Town Code, the memorandum of understanding shall govern for those positions that are subject to the provisions of the memorandum of understanding. • ~: {oooi2os6.~oc i}3-23 Exhibit A to Resolution No. 2008-168 filar Council Meeting -December 16, 2008 -Page 72 of 126 Reg • t~"~'~ MARANA '~'/ 1 rowN of raawvmn CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-1 VACATION LEAVE The Town of Marana provides vacation leave with pay to eligible employees. Section 4-1-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to earn vacation leave as described in this policy. Section 4-1-2 Accumulation of Vacation Leave • A. Eligible employees shall begin to accrue vacation leave on their effective date of hire. The effective date of hire for police officer recruits is when they begin attendance at a police academy. B. An employee on any leave of absence without pay shall not accumulate vacation leave during the unpaid leave. C. Vacation leave accumulation is cumulative, up to the maximum number of hours permitted by this policy. Section 4-1-3 Rate of Accumulation A. Eligible full-time employees shall accumulate paid vacation leave at the rate shown in the following schedule: Vacation Accrual Rate Length of Service Vacation Days Each Year 0 to 5 years 10 days (3.08 hrs per pay period) > 5 - 10 years 15 days (4.62 hrs per pay period) > 10 years 20 days (6.15 hrs per pay period)) B. Eligible part-time employees shall accumulate a prorated amount of vacation leave each pay period based on the number of hours per week that they are officially scheduled to work. C. For purposes of determining length of service, the year noted begins on the day after the preceding anniversary. For example, an employee shall be employed for greater than (>) five years on the day after the employee's fifth anniversary; therefore, the employee shall begin earning at the higher accrual rate as of that date. {0001203ZDOC / 2}4-1 Exhibit B to Resolution No. 2008-168 ~~~\ MARANA 1 \. tOWNOEMARANA CHAPTER 4 EMPLOYMENT BENEFITS D. Military leave shall be credited toward an employee's length of service for purposes of vacation leave accumulation. E. Notwithstanding the provisions of this section, as an incentive to recruit key employees, upon hiring an employee in an unclassified position, the Town Manager may negotiate a vacation accrual rate in excess of the initial vacation accrual rate specified in this section. However, in no event shall the Town Manager negotiate a vacation accrual rate of more than 4.62 hours per pay period. Section 4-1-4 Maximum Accumulated Hours Permitted A. An employee's accumulated vacation leave balance shall not be permitted to exceed 240 hours. Therefore, employees shall not be credited for vacation leave in excess of 240 hours. Employees who are approaching the 240 hour cut-off shall be notified by the Finance Department of their vacation leave balance and given the opportunity to request vacation leave before vacation leave hours are forfeited. B. The Town Manager may approve an exception to this provision under exceptional circumstances. Section 4-1-5 Request for Vacation Leave A. Eligible employees may request to use vacation leave after 180 days of employment. B. Employees shall submit vacation leave requests to their supervisor before taking any time off. Requests will be reviewed based on a number of factors, including Town needs and staffing requirements. Section 4-1-6 Vacation Leave Pay Vacation leave shall be paid at the employee's base rate of pay at the time of the leave. Vacation leave pay shall not include overtime or any adjustments to pay such as shift differential or special assignment pay. Section 4-1-7 Payment of Vacation Leave Upon Termination of Employment A. Upon termination of employment, employees shall be paid at their base rate of pay for any unused accumulated vacation leave earned through the last day of work. B. This policy shall not apply if the Town Manager determines that the employee's termination is the result of gross misconduct. Regi ,ooot2a3~.DOC i 2}4-2 Exhibit B to Resolution No. 2008-168 lar Council Meeting -December 16, 2008 -Page 74 of 126 • • • • MARAI~A /t\ TOWN QF NIARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-2 SICK LEAVE The Town of Marana provides sick leave with pay to eligible employees. Section 4-2-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to earn sick leave as described in this policy. Section 4-2-2 Accumulation of Sick Leave A. Eligible employees begin to accrue sick leave on their effective date of hire. The effective date of hire for police officer recruits is when they begin attendance at a police academy: • B. An employee on any leave of absence without pay shall not accumulate sick leave during the unpaid leave. C. Sick leave shall accumulate without limit. Section 4-2-3 Rate of Accumulation A. Eligible full-time employees shall accumulate sick leave at the rate of 3.08 hours per pay period. B. Eligible part-time employees shall accumulate a prorated amount of sick leave each pay period based on the number of hours per week that they are officially scheduled to work. Section 4-2-4 Permitted Uses A. Eligible employees may use sick leave after 30 days of employment. B. Sick leave is intended solely to provide income protection in the event of illness or injury. Eligible employees shall be permitted to use sick leave for the following reasons; 1. Personal illness, disease or injury and travel time to and from a physician's office 2. Medical conditions that prevent the employee from performing assigned tasks 3. Surgical, medical, dental or optical treatments, examinations or fittings that must be made during working hours {ooo~zo3~.~oc i z}4-3 Exhibit B to Resolution No. 2008-168 ~~\ MAI2ANA TOWN Of NIARANA CHAPTER 4 EMPLOYMENT BENEFITS 4. Illness of immediate family member and related travel time to and from a physician's office. For purposes of this policy, the immediate family shall consist of the spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4-2-5 Notification to Supervisor A. Employees who are unable to report to work due to illness or injury shall notify their direct supervisor before the scheduled start of their work day. B. The direct supervisor must also be contacted on each additional day of absence unless the employee is on FMLA leave or has notified the supervisor in advance of the number of days the employee will be absent. Section 4-2-6 Medical Verification A. If an employee is absent for three or more consecutive days due to illness or injury, the employee's supervisor or Department Head may request a statement from a licensed health care provider verifying the existence of the illness or injury and its beginning and expected ending dates. B. If an employee exhibits an unusual pattern of sick leave absences, such as recurring Monday and/or Friday absences or recurring absences the day immediately preceding and/or immediately following aTown-approved holiday, the employee's supervisor or Department Head may require a statement from a licensed health care provider verifying the need for the sick leave absence. The supervisor or Department Head may require the verification as a condition to receiving sick leave pay and/or to authorize that the employee may safely return to work. C. If the employee's Department Head determines that the verification provided by the employee is inadequate, the absence may be charged to another category of leave or considered leave without pay. D. The employee's department shall forward medical verification statements to the Human Resources Department. Section 4-2-7 Additional Conditions of Eligibility A. As an additional condition of eligibility for sick leave benefits, an employee on an extended leave must apply for any other available compensation and benefits that the • {00012037.DOC / 2}4-4 • Exhibit B to Resolution No. 2008-168 • ~~ MAf~ANA TOWN {# MARANA CHAPTER 4 EMPLOYMENT BENEFITS employee may be eligible to receive, such as Worker's Compensation or disability insurance coverage. B. Sick leave benefits may be used to supplement any payments that an employee is eligible to receive from Worker's Compensation or any disability insurance programs paid for by the Town. C. The combination of any such disability payments and Town-paid sick leave benefits shall not exceed the employee's normal weekly earnings. Section 4-2-8 No Sick Leave Available An employee who has anon-work related illness or injury and has exhausted accumulated sick leave may request administrative leave without pay. Section 4-2-9 Transfer of Sick .Leave Hours to Vacation Leave A. If an eligible employee who has successfully completed the initial evaluation period uses less than 16 hours of sick leave during a .calendar year, the employee may submit a request to transfer the unused portion of the 16 hours, up to a maximum of 16 hours, to vacation leave. B. The employee must request the transfer in writing to the Finance Department by the deadline set by the Finance Department. If an employee does not request the transfer, the hours will not automatically be transferred. C. Hours not transferred shall remain in the employee's sick leave balance each calendar year until they are approved for use in accordance with the sick leave policies in this chapter. D. The employee's request to transfer sick leave hours to vacation leave shall be denied by the Finance Department if the transferred hours would cause the employee's accumulated vacation leave to exceed the maximum vacation leave hours allowed under this chapter. Section 4-2-10 Payment of Sick Leave Upon Termination of Employment A. Employees shall not be compensated for unused accumulated sick leave upon termination of employment. B. Unused accumulated sick leave shall be reinstated for an employee who is laid off if the employee accepts re-employment with the Town within two years of the date of layoff. Exhibit B to Resolution No. 2008-168 -~~~ NtARANA /1\ TOWMOF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-3 PERSONAL LEAVE The Town of Marana provides personal leave with pay to eligible employees. Section 4-3-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for personal leave as described in this policy. Section 4-3-2 Amount of Personal Leave A. Eligible full-time employees shall receive 16 hours of personal leave each calendar year. B. Eligible part-time employees shall receive a prorated amount of personal leave each calendar year based on the number of hours per week that they are officially scheduled to work. C. As an incentive to recruit and retain .key employees, the Town Manager may, upon hiring or in connection with an annual performance evaluation, grant additional personal leave, up to an additional 40 hours per calendar year, to employees in the following categories. 1. Deputy or Assistant Town Managers 2. General Managers 3. Department Heads 4. Deputy or Assistant Department Heads with management responsibilities including supervision of staff D. If the Town Manager grants additional personal leave to an employee pursuant to paragraph C of this section, the additional leave shall be granted to the employee for subsequent calendar years unless and until the Town Manager, in his or her sole discretion, determines that the employee's performance and/or workload no longer justify the granting of additional personal leave. The Town Manager's decision regarding personal leave is not subject to review under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. Section 4-3-3 Request for Personal Leave A. Eligible employees may request to use personal leave after 30 days of employment. {ooolzos7.~oc i z}4-6 Exhibit B to Resolution No. 2008-168 filar Council Meeting -December 16, 2008 -Page 78 of 126 Reg • • ~.~ MARAN~ :~ '"/ TOYIN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS B. Employees shall submit personal leave requests to their supervisor before taking any time off. Requests will be reviewed based on a number of factors, including Town needs and staffing requirements. Section 4-3-4 No Accumulation Personal leave does not accumulate and is forfeited if not used within the calendar year that it is received. Section 4-3-5 Termination of Employment Employees shall not be compensated for unused accumulated personal leave upon termination of employment. • ,oooizo3~.~ocia}4-7 Exhibit B to Resolution No. 2008-168 r~~ MARANA :"",/i\ TOWNOFMARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-4 HOLIDAYS The Town of Marana provides paid time off to eligible employees for Town Council-approved holidays. Regular Town operations are officially closed during these approved holidays. Section 4-4-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for paid time off on holidays as described in this policy. Section 4-4-2 Town-Approved Holidays A. The Town-approved holidays for each calendar year are as follows. 1. New Year's Day (January 1) 2. Martin Luther King, Jr./Civil Rights Day (third Monday in January) 3. Presidents' Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans' Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Day after Thanksgiving (fourth Friday in November) 10. Christmas Day (December 25) B. The Town Council, at its sole discretion, may approve additional holidays in any calendar year. Section 4-4-3 Amount of Paid Time Off for Town-Approved Holidays A. Eligible full-time employees shall receive eight hours paid time off on Town-approved holidays. B. Eligible full-time employees who work an alternative work schedule with work days longer than eight hours shall receive eight hours paid time off for the Town-approved holiday and must use accrued vacation, personal or compensatory leave or leave without pay for the hours in the alternative work day that exceed eight hours. C. Eligible part-time employees shall receive a prorated amount of paid time off on Town-approved holidays based on the number of hours per week that they are officially scheduled to work. • • {oooi2os~.~oc i 2}4-8 Exhibit B to Resolution No. 2008-168 • ~r MARANA ~'/"1\ TOWN ~..MARANA CHAPTER 4 EMPLOYMENT BENEFITS Section 4-4-4 Miscellaneous Rules A. If aTown-approved holiday falls on a day when an eligible employee is on approved paid vacation, personal or sick leave, the employee shall receive paid time off for the Town-approved holiday and deductions will not be taken from the employee's vacation, personal or sick leave balances for that day. B. If aTown-approved holiday falls on an eligible employee's regularly scheduled day off, the employee shall receive eight hours paid time off for that holiday. Section 4-4-5 Exception An employee who is in an unpaid status on the day immediately preceding or immediately following aTown-approved holiday, excluding the employee's regularly scheduled day off, shall not receive paid time off for the holiday. Section 4-4-6 Work on Town-Approved Holidays If anon-exempt employee is required to work on aTown-approved holiday, the employee shall receive holiday pay as described in Chapter 3 of these Personnel Policies and Procedures. • {oooi2o3zDOC i 2}4-9 Exhibit B to Resolution No. 2008-168 i J'-~,~ ', tOWNOFMARRNA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-5 MILITARY LEAVE The Town of Marana shall grant a military leave of absence to any eligible employee to attend scheduled drills or training or if called to active duty with the United States armed services. Section 4-5-1 Eligibility Employee eligibility for military leave shall be determined in accordance with the provisions of applicable state and federal taw. Section 4-5-2 Paid Military Leave A. An eligible employee ordered to military service shall be granted paid military leave of up to 240 hours in any two consecutive years. For the purposes of this policy, "year" means the fiscal year of the United States government. Leave which occurs on an employee's regularly scheduled days off shall not be charged against the 240-hour allotment. B. For required military service exceeding the 240-hour allotment, an employee shall be granted leave without pay or may use accrued vacation, personal or compensatory leave. C. An employee ordered to military service shall provide his or her Department Head with written notification of the leave, together with a copy of the employee's military orders. The notification shall be provided at least one week before the start of the leave, if practicable. Section 4-5-3 No Break in Service Time spent in active military service is not a break in service and shall be counted as credited service. • {oooizo37.ooc i z}4-10 Exhibit B to Resolution No. 2008-168 • ^~~~1 MARAI~dA ~"~'1\ FOWN~FMNR4NA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-6 BEREAVEMENT LEAVE The Town of Marana provides bereavement leave to eligible employees. Section 4-6-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to receive bereavement leave as described in this policy. Section 4-6-2 Amount of Bereavement Leave • A. Eligible employees shall receive up to three days bereavement leave for the death of an immediate family member. B. If travel outside the state is required, employees may be granted up to two additional days bereavement leave at the discretion of the Department Head. C. An employee may request to use any available paid leave balances for additional time off as necessary. Section 4-6-3 Request for Bereavement Leave An employee shall submit a bereavement leave request to his or her supervisor as soon as the need for the leave arises or as soon as possible thereafter. Supervisors shall approve requests for bereavement leave in the absence of unusual Town operational requirements. Section 4-6-4 Definition of Immediate Family For purposes of this policy, "immediate family" is defined as the employee's spouse, parent, child, brother or sister, the employee's spouse's parent, child, brother or sister, the employee's child's spouse, grandparents or grandchildren and any other person whose association with the employee was similar to any of the above relationships. • ,00012o37.DOC i z}4-11 Exhibit B to Resolution No. 2008-168 ~~~\ MARA'NA ^'/1~~ TOWNOF NtARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-7 FAMILY AND MEDICAL LEAVE In accordance with the Family and Medical Leave Act (FMLA) of 1993 and the National Defense Authorization Act (NDAA) of 2008, the Town of Marana provides job-protected family and medical leaves of absence without pay to eligible employees who are temporarily unable to work due to an FMLA-qualifying reason. Section 4-7-1 Qualifying Reasons for FMLA Leave Eligible employees may qualify for FMLA leave for one or more of the following reasons. A. A serious health condition that renders the employee unable to pefrorm the functions of the employee's job. B. The birth and care of a newborn child of the employee. C. The placement with the employee of a child for adoption or foster care. D. To care for the employee's spouse, child or parent with a serious health condition. E. To care for a covered servicemember of the Armed Forces with a serious injury or illness. F. Any qualifying exigency related to the active duty or call to active duty of a covered military member. Section 4-7-2 Definitions A. Covered military member. The employee's spouse, son, daughter or parent on active duty status or call to active duty status in support of a contingency operation pursuant to federal law as either a member of the Reserve components of the Armed Forces or a retired member of the regular Armed Forces or Reserve. A family member who is on active duty or call to active duty status in support of a contingency operation as a member of the regular Armed Forces is not a covered military member for purposes of leave for a qualifying exigencies. B. Covered servicemember. The employee's spouse, son, daughter, parent or next of kin, as defined by federal regulations, who is a current member of the Armed Forces, including a member of the National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation or therapy and that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank or • • 00012037.DOC / 2 }4-12 • Exhibit B to Resolution No. 2008-168 • MARNA .`~'"/t\ TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS rating, or who is otherwise in outpatient status or otherwise on the temporary disability retired list. A family member who is a `f©r"mer member of the Armed Forces, National Guard or Reserves or who is on the :permanent disability retired list is not a covered servicemember for purposes of leave to care for a covered servicemember. C. Health care provider. Health care providers who may provide certification of a serious health condition include: 1. Doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices. 2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the state and performing within the scope of their practice under state law 3. Nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under state law and performing within the scope of their practice as defined under state law 4. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts 5. Any health care provider recognized by the Town or the Town's group health plan's benefits manager 6. A health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country D. Serious health condition. An illness, injury, impairment, or physical or mental condition that involves any of the following: 1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility. 2. A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider 3. Any period of incapacity due to pregnancy, or for prenatal care 4. Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.) Regi {0oo12oszDOC i z}4-13 Exhibit B to Resolution No. 2008-168 lar Council Meeting -December 16, 2008 -Page 85 of 126 ~'~~_,\ MARANA X1'1\' TOWN OF NtARANA CHAPTER 4 EMPLOYMENT BENEFITS A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.) 6. Any .absences to receive multiple treatments (including. any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.) Section 4-7-3 Eligibility A. An "eligible employee" under the FMLA is an employee who has: 1. Worked for the Town for at least 12 months; and 2. Worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the FMLA leave. B. The 12 months an employee must have been employed by the Town need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the Town (e.g., workers' compensation, group health plan benefits, etc.), the week counts as a week of employment. For purposes of determining whether intermittent/occasional/casual employment qualifies as ~~at least 12 months," 52 weeks is deemed to be equal to 12 months. C. Whether an employee has worked the minimum 1,250 hours is determined according to the principles established under the Fair Labor Standards Act (ELBA) for determining compensable hours of work. Section 4-7-4 Leave Entitlement A. Eligible employees, other than employees qualifying for leave to care for a covered servicemember with a serious injury or illness, shall be granted up to a total of 12 weeks of unpaid FMLA leave within any 12-month period. B. Eligible employees qualifying for leave to care for a covered servicemember with a serious injury or illness shall be granted up to a total of 26 weeks of leave during a single 12-month period. C. Married employee couples may be restricted to a combined total of 12 weeks unpaid FMLA leave within any 12-month period for childbirth, adoption or placement of a foster .child, or to care for a parent with a serious health condition. • ., .~ {00o12o3zcoc r 2}4-14 Exhibit B to Resolution No. 2008-168 • D. Married employee couples may be restricted to a combined total of 26 weeks unpaid FMLA leave within a single 12-month period to care for a covered servicemember with a serious injury or illness. E. If the FMLA leave period is insufficient and the employee is unable to fully perform the essential functions of his or her position at the conclusion of the FMLA leave period, the employee may request administrative leave pursuant to Policy 4-9. The Town may require updated medical certifications to support the need for the additional leave. However, in no case shall the employee be unable to perform the full essential functions of their regular position for greater than 12 months in a 24-month period. If the employee is unable to return after this time, the Town may initiate separation of employment. Section 4-7-5 Qualifying Exigency Leave under the NDAA • B. Military events and related activities C. Childcare and school activities ~r MARANA TOWN OF NIARANA An eligible employee who has a spouse, son, daughter or parent who is a covered military member may take up to 12 weeks unpaid FMLA leave for one or more. of .the following qualifying exigencies as defined by federal regulations. A. Short-notice deployment CHAPTER 4 EMPLOYMENT BENEFITS D. Financial and legal arrangements E. Counseling F. Rest and recuperation G. Post-deployment activities H. Additional activities or events arising out of the covered military member's active duty or call to active duty status provided that the Town and the eligible employee agree that the leave qualifies as an exigency and agree to both the timing and duration of the leave. Section 4-7-6 How FMLA Leave is Measured • A. Except for leave to care for a covered servicemember with a serious injury or illness, the Town uses a rolling 12-month period to calculate FMLA eligibility. Each time an employee uses FMLA leave, the remaining leave entitlement is the balance of the 12 weeks that has not been used during the immediately preceding 12 months. Exhibit B to Resolution No. 2008-168 ,ooo~zos~.~oc i 2}4-15 ~~ I~tARANA '`^'~ 1 \ TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS B. For leave to care for a covered servicemember with a serious injury or illness, the "single 12-month period" begins on the first day the eligible employee takes FMLA leave to care for the covered servicemember and ends 12 months after that date. Section 4-7-7 Use of Accumulated Leave Employees shall be required to use any accumulated paid leave time (sick, vacation, personal and compensatory) concurrently with approved FMLA leave. If paid leave is exhausted or if an employee does not have any accumulated paid leave balances, the employee shall be placed on unpaid FMLA. Section 4-7-8 Request for Leave A. Eligible employees shall submit a written request for leave to the Human Resources Department at least 30 days in advance of foreseeable FMLA-qualifying events. B. Eligible employees shall submit a written request for leave to the Human Resources Department as soon as practicable for unforeseeable events or within no more than two working days after learning of the unforeseen need for FMLA-qualifying leave. An employee requesting unforeseen FMLA leave has the obligation to comply with the Town's regular attendance and reporting requirements. Section 4-7-9 Medical Certification Employees requesting FMLA leave for their own serious health condition or for the serious health condition of a child, spouse or parent or for the serious injury or illness of a covered servicemember shall be required to submit a medical certification form from a health care provider verifying the serious health condition, injury or illness and the need to provide care in the case of a serious health condition, injury or illness of an eligible family member. The medical certification shall include the expected beginning and ending dates of the leave. The Town shall allow the employee at least 15 calendar days to obtain the medical certification. Section 4-7-10 Certification for Qualifying Exigency Leave under the NDAA Employees requesting FMLA leave due to a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide certification describing appropriate facts regarding the qualifying exigency for which the leave is requested. The certification shall include information on the type of qualifying exigency for which leave is requested and any.available written documentation that supports the request for leave. The certification shall also include the expected beginning and ending dates of the leave. The first time an employee requests leave for a qualifying exigency, the • • ,oooizOS~.coc i z}4-16 Exhibit B to Resolution No. 2008-168 • ~~ MAI~ANA ~`'/l\ TOWNOFMARAWA CHAPTER 4 EMPLOYMENT BENEFITS employee shall also be required to provide a copy of the covered military member's active duty order or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates bf the covered military member's active duty service. Section 4-7-11 Designation of Leave as FMLA Leave In all circumstances, it is the Town's responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. If the employee's leave request gives the Town sufficient reason to consider the leave as FMLA-qualifying, the Town shall designate the leave as FMLA and inform the employee of the designation within five business days after receiving the employee's request for leave. Section 4-7-12 Intermittent Leave Under some circumstances, employees may take FMLA leave intermittently, by taking leave in blocks of time or by reducing their normal weekly or daily work schedule. A. Employees requesting intermittent FMLA leave for a serious health condition or to care fora family member with a serious health condition or to care for a covered servicemember with a serious injury or illness shall provide a medical certification from a health care provider to the Human Resources Department documenting the medical necessity for such leave. B. Employees requesting intermittent FMLA leave for a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide an estimate of the frequency and duration of the qualifying exigency and an explanation regarding the necessity for such leave. C. An employee is not guaranteed Intermittent FMLA leave for childbirth, adoption or placement of a foster child. Such leave may be taken only upon approval by the Town. D. The employee must attempt to schedule intermittent leave in a .manner that does not unduly disrupt the Town's operations. E. The Town may temporarily transfer an employee on intermittent leave to a different position with equivalent pay and benefits if another position would better accommodate the employee's intermittent leave schedule. Section 4-7-13 Continuation of Health Insurance Coverage During FMLA • {ooot2o3zDOC i z}4-17 Exhibit B to Resolution No. 2008-168 ~lar Council Meeting -December 16, 2008 -Page 89 of 126 Reg ..1-~ MARANA ^'/ 1 TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS A. Subject to the terms, conditions and limitations of the applicable group health insurance plans, the Town of Marana shall maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work. B. An employee who is on paid FMLA leave via the use of accrued leave balances, shall continue to pay his or her share of the insurance premium, if any, through payroll deductions. C. An employee who is on unpaid FMLA leave shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of the insurance premium, if any. If payment is more than 30 days overdue, coverage will be dropped, after 15 days written notice is provided to the employee. In this situation, COBRA will be offered. D. The Town's obligation to maintain health benefits under this section stops if and when the employee informs the Town of an intent not to return to work at the end of the leave period or if the employee fails to return to work when the FMLA leave entitlement is exhausted. In some circumstances, the Town may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave. Section 4-7-14 Supplemental Benefits The Town will not maintain other supplemental benefits while an employee is on FMLA leave. To maintain supplemental benefits, the employee must make payment arrangements with the Human Resources and Finance Departments. Section 4-7-15 Suspension of Accumulation of Other Town-Provided Benefits Benefit accumulation, such as vacation, sick leave or holiday benefits, will be suspended during any unpaid leave portion of the FMLA leave period and will resume upon return to active employment. Use of FMLA leave is not considered a break in service when determining eligibility for vesting or for participation in a benefit. Section 4-7-1 ti Return to Work A. An employee on FMLA leave shall provide the Human Resources Department with at least two days' advance notice of the date the employee intends to return to work. B, An employee on FMLA leave for the employee's own serious health condition shall provide a written release from a health care provider indicating that the employee may resume the full essential functions of his or her position prior to or immediately upon returning to work. • • {0001203~.ooc i z}4-18 Exhibit B to Resolution No. 2008-168 • MARANA ~"`,~'1\ to~oF CHAPTER 4 EMPLOYMENT BENEFITS C. Upon return from FMLA leave, the employee shall be restored to the employee's original position, or to an equivalent position with equivalent pay, benefits and other terms and conditions of employment. D. Under limited circumstances where restoration to employment will cause substantial and grievous economic injury to the Town's operations, the Town may refuse to reinstate certain highly-paid, salaried "key" employees. In order to do so, the Town must notify the employee in writing of his or her status as a "key" employee and the reasons for denying job restoration. The Town must also provide the employee a reasonable opportunity to return to work after the notice is given and make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. For purposes of this paragraph., a "key" employee is a salaried eligible employee who is among the highest paid ten percent of employees for the Town. Section 4-7-17 Termination of Employment • A. If an employee voluntarily resigns his or her position before returning from FMLA, health insurance benefits are subject to COBRA law. B. If an employee fails to report to work at the conclusion of the FMLA period, and has not informed the Town in writing of a request to use other forms of leave, the employee is considered to have resigned. • Regi ,oooizoszDOC i 2}4-19 Exhibit B to Resolution No. 2008-168 filar Council Meeting -December 16, 2008 -Page 91 of 126 ^1""r~,\ MARANA /I\ TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-8 MATERNITY/ADOPTION/PATERNITY (MAP) LEAVE The Town of Marana provides maternity/adoption/paternity (MAP) leave to eligible employees. Section 4-8-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for MAP leave as described in this policy. Section 4-8-2 Amount of MAP Leave Eligible employees may be granted up to 12 weeks MAP leave for the birth or adoption of a child. Section 4-8-3 Use of Accumulated Leave Employees shall be required to use any accumulated paid leave time (sick, vacation, personal and compensatory) concurrently with approved MAP leave. If paid leave is exhausted or if an employee does not have any accumulated paid leave balances, the employee shall be placed on unpaid MAP leave. Section 4-8-4 Request for MAP Leave Employees shall submit MAP leave requests in writing to the Human Resources Department. The request shall include the purpose and requested duration of the leave. The Human Resources Department may require verification of the need for the MAP leave from a licensed health care provider. Section 4-8-5 Relationship of MAP Leave to FMLA Leave A. If aMAP-eligible employee is also eligible for FMLA leave, MAP leave and FMLA leave shall run concurrently. B. Employees not eligible for FMLA leave may use MAP leave; however, job restoration is not guaranteed for non-FMLA-eligible employees returning from a MAP leave of longer than 30 calendar days. C. If an employee becomes eligible for FMLA leave while on MAP leave, the employee shall be subject to the FMLA leave provisions of this Chapter. • • {oooizo3z~oci2}4-20 Exhibit B to Resolution No. 2008-168 Jar MRNA ~"'/~\ TOWN~NtARANA CHAPTER 4 EMPLOYMENT BENEFITS Section 4-8-6 Maintenance of Benefits During MAP Leave Vacation and sick leave shall not accumulate during MAP leave; however, the remainder of Town-provided employee benefits shall continue without interruption during MAP leave. • • ,aoo~zos~.DOC i z}4-21 Exhibit B to Resolution No. 2008-168 ~r MA(~ANA "`~.~ i TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-9 ADMINISTRATIVE LEAVE The Town of Marana may provide administrative leave with or without pay to eligible employees as described in this policy. Section 4-9-1 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees may request administrative leave as described in this policy.. B. Employees shall not use administrative leave to work for another employer (other than the United States armed forces) or to pursue self-employment. C. Employees shall exhaust all accrued leave balances, including vacation, personal and compensatory leave and, if applicable, sick leave, before becoming eligible for administrative leave. Section 4-9-2 Request for Administrative Leave Employees shall submit written requests for administrative leave to their Department Head. The Department Head shall review the request, make a recommendation of approval or denial and forward the request to the Human Resources Director. The Human Resources Director shall review the request, make a recommendation of approval or denial and forward the request to the Town Manager or designee. The decision of the Town Manager or designee shall be final. Requests will be reviewed based on a number of factors, including Town operational needs and staffing requirements. The denial of a request for administrative leave is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures Section 4-9-3 Administrative Leave with Pay The Town Manager may approve an administrative leave with pay for an eligible employee for a fixed period of time when such administrative leave is considered by the Town Manager to be in the best interests of the Town. Section 4-9-4 Administrative Leave without Pay A. Any regular full-time employee who has completed one year of employment with the Town may request an administrative leave without pay for non-medical purposes for a period not to exceed 90 calendar days. In reviewing the leave request, the Town Manager or designee shall consider the impact to Town operations, any potential benefit {00o12o3z~oc i 2}4-22 Exhibit B to Resolution No. 2008-168 filar Council Meeting -December 16, 2008 -Page 94 of 126 Rego • • • MARANA ~/1\ TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS to the Town and the recommendation of the Department Head and the Human Resources Director. B. Any regular full- or part-time employee who is either not eligible for FMLA leave or has exhausted the FMLA leave period may request an administrative leave without pay for medical purposes. Requests for administrative leave without pay for medical purposes must be accompanied by a medical certification from a licensed health care provider documenting the medical .necessity for and expected duration of the leave. The Town Manager may grant administrative leave without pay for medical purposes in increments of up to three months, provided that the total time the employee is unable to perform the essential functions of his or her regular position does not exceed the equivalent of 12 months in any 24-month period. C. Employees who have been granted administrative leave without pay shall not accrue any vacation or other paid leave time and shall not receive paid time off for Town- approved holidays during the unpaid leave of absence. • D. Employees who are on administrative leave without pay may not be eligible for a regular annual review of job performance nor for an associated adjustment in pay until the performance evaluation anniversary immediately following the return to active employment status. E. Employees on administrative leave without pay may elect to continue group insurance coverage. However, the employee must bear both the Town's and the employee's share of the cost of the premiums. Payment must be submitted to the Finance Department by the 10m of each month to ensure continued coverage. Section 4-9-5 Return to Work A. Employees who are granted administrative leave without pay shall return to work upon completion of the leave period. An employee who fails to return to work on the date specified in the leave request without receiving an extension in advance is considered to have resigned. Bo Employees who are granted administrative leave without pay for medical purposes shall provide a written release from a licensed health care provider indicating that the employee may resume the full essential functions of his or her position prior to or immediately upon returning to work. C. The Town is not obligated to hold a position vacant or to return an employee to a position following an administrative leave without pay that is not part of an approved FMLA absence. {0001203~.~oc i z}4-23 Exhibit B to Resolution No. 2008-168 f~ MARANA "vim 1 `~ iowN of rnnwArin CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-10 LEAVE DONATION Eligible employees may receive contributions of leave from other employees as outlined in this policy if the employee is unable to .return to work due to his or her own catastrophic personal illness or injury or the' catastrophic personal illness or injury of an immediate family member. Section 4-10-1 Definitions A. Catastrophic Illness: Illness that requires extensive hospitalization, hospice care or other extraordinary measures of care. B. Catastrophic Injury: Injury that requires extensive recuperation time. C. Immediate family member: The spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4-10-2 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to receive donated leave as described in this policy. B. Eligible employees must be on an approved FMLA leave or medical leave of absence without pay and must have exhausted all accrued paid vacation, sick, personal and compensatory leave balances to be eligible for donated leave. C. Eligible employees shall not receive donated leave if they are receiving benefits through an insurance program paid for by the Town or from their retirement system or are eligible to receive payments from Social Security. D. Eligible employees shall not be permitted to use donated leave if they have been unable to perform the full essential functions of their position for a period of time equivalent to 12 months in a 24-month period. Section 4-10-3 Donation Parameters A. Donation of leave may be made among all levels of Town employment on an hour-for-hour basis. B. Vacation leave and sick leave may be donated. • • {oooizo3z.DOC i z;4-24 • Exhibit B to Resolution No. 2008-168 • ^r"f..~\ MARANA :"^~~ 1 \ to~~ CHAPTER 4 EMPLOYMENT BENEFITS C. The receiving employee and the Town are under no obligation to repay the donated leave. D. There is no limit on the amount of donated leave eligible employees may receive, except that the total time the employee is unable to perform the essential functions of his or her regular position shall not exceed the equivalent of 12 months in any 24-month period. E. Any unused donated leave will be returned to the donating employee. F. Donating employees must maintain a total balance of 80 hours of sick and vacation leave. ' Section 4-10-4 Request for Donated Leave A. Applications for donated leave are available in the Human Resources Department. B. The requesting employee shall submit the completed application for donated leave to the • Human Resources Department. If it has not already been provided, the employee shall include a medical certification from a licensed health care provider documenting the medical necessity for and expected duration of the leave with the completed application. C. The application will be submitted to the Human Resources Director for approval. Section 4-10-5 Maintenance of Benefits Employees who are receiving donated leave shall be considered to be in a paid status. Therefore, Town-provided employee benefits shall continue without interruption during the period of donated leave. Exhibit B to Resolution No. 2008-168 "~~ MARAI~IA `~'~ t TOWN OF MARANR CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-11 GROUP BENEFITS The Town of Marana provides group benefits coverage, including medical, dental, long-term disability, short-term disability and life insurances, for eligible employees. The Human Resources Department is responsible for implementation and administration of all group insurance plans. Section 4-11-1 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for coverage under all of the Town's group benefits programs, depending upon the restrictions and limitations of a particular benefit plan. B. Where applicable, the employee may elect to cover dependents under these programs in accordance with current contract requirements and rate schedules. Normal eligibility rules must be met. Section 4-11-2 Group Insurance Coverage The Town contributes to the costs of providing group insurance coverage for full-time employees and those part-time employees whose normal work week is at least 20 hours per week. The Town may also contribute to dependent coverage for eligible employees. Section 4-11-3 Voluntary Benefits Voluntary benefits such as benefits for dependents, supplemental health benefits and additional employee-related benefits are offered by the Town through the Human Resources Department, depending upon the limitations and restrictions of the particular plans. Voluntary benefits are offered at the discretion of the Town Manager or Town Council. Voluntary benefits are fully paid by the employee. Section 4-11-4 Retirement Plan A. Employees whose normal work week is 20 hours or more and who have met the eligibility requirement of the retirement plan are required to participate in the Arizona State Retirement System (ASRS) or, where applicable for sworn police personnel, the Public Safety Personnel Retirement System (PSPRS). B. Retirement benefits accumulate from both employee and employer contributions. Contributions to the retirement system are mandatory for eligible positions and are deducted from the employee's salary each payroll period. • {ooot2o3~.DOC i z}4-26 • Exhibit B to Resolution No. 2008-168 • ~~ ~~~~~A .` :~%/ ! TOWN OFNIARANA CHAPTER 4 EMPLOYMENT BENEFITS C. Employees are vested in accordance with the retirement plan in which they are enrolled. D. If an employee terminates service without retiring, accumulated vested contributions, with earned interest, are refundable upon request. Section 4-11-5 Employee Assistance Program A. The Town provides an employee assistance program (EAP) to all regular full- and part-time employees, including those serving in an initial evaluation period, and term- limited temporary employees. B. When an employee voluntarily seeks assistance from the EAP, confidentiality is maintained. The Town will not be informed that help has been sought unless the employee requests that the information be released. C. When stress or personal problems intertere with job performance, the Town will encourage and may require participation in the EAP to deal with job-related performance • issues. When participation is required, confidentiality is maintained. The EAP will only verify that the employee has participated as required. D. Use of the employee assistance program may be a condition of continued employment if the Town's drug and alcohol abuse policy is violated. E. No employee will have his or her employment or promotional opportunities jeopardized solely by participation in the EAP, nor will participation in the EAP protect the employee from disciplinary action for substandard performance. {ooot2o3~_~oc i z}4-27 Exhibit B to Resolution No. 2008-168 ~~~\ MARANA :.~^'/ i \ TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-12 WORKER'S COMPENSATION Worker's Compensation is a program of insurance administered by the Industrial Commission of Arizona to protect workers from loss due to awork-related accident or illness. Section 4-12-1 Reporting Requirement Any employee involved in an on-the job accident or injury as defined by the state Worker's Compensation laws must report the accident or injury to his or her immediate supervisor immediately, but no later than 24 hours after the accident or injury. An employee who has an occupational illness as defined by the state Worker's Compensation laws must report the illness to his or her immediate supervisor immediately upon becoming aware of the occupational illness. If the employee's direct supervisor is not available, the employee shall report the accident, injury or occupational illness to the employee's Department Head. Failure to report the accident, injury or illness within 24 hours may result in the denial of a Worker's Compensation claim. Section 4-12-2 Payments A. If a Worker's Compensation claim is approved for payment, Worker's Compensation pays astate-mandated percentage of the employee's daily wage. B. Worker's Compensation does not pay for the first seven days of time lost from work unless the total number of time off from work exceeds 14 days. If the claim is approved for payment after 14 days and the employee used paid leave balances during the first seven days of time lost, the employee's leave balances shall be reinstated upon receipt of funds by the Town. C. Hours of work lost due to the on-the job injury or illness are reported on the employee time sheet as "industrial disability." Section 4-12-3 Use of Paid Leave A. An employee receiving payments under the Worker's Compensation laws may use accumulated paid leave to supplement any hours not covered by the payments. The Human Resources Director or designee shall approve such leave usage. B. When sick, vacation, personal or compensatory leave or short-term disability payments are used to supplement any payments that an employee is eligible to receive from Worker's Compensation benefits, the combination of Worker's Compensation payments, disability payments and/or leave benefit payments shall not exceed the employee's normal weekly earning. The purpose of this policy is to ensure that an employee does not suffer an economic hardship as a result of awork-related injury or illness. However, • • {oooi2os~.coc i z}4-28 Exhibit B to Resolution No. 2008-168 • r ~,~-. MARANA ~`'`'/1\ TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS the employee should not realize a financial gain as a result of injury or illness. If the combination of payment from Worker's Compensation and the use of other paid leave or disability benefits results. in the employee being paid more than his or her normal weekly earning, the Town shall require the employee to reimburse the Town for the overpayment. C. The Town shall not approve the use of sick or vacation leave for an employee who has an injury, illness or disease incurred while employed by another employer. • • {oooi2o3zDOC i 2}4-29 Exhibit B to Resolution No. 2008-168 ~~ MARANA TOWN OF:NIARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-13 BENEFITS CONTINUATION/COBRA The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, amended by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, provides that covered employees and their qualified beneficiaries may continue health insurance coverage under the Town of Marana's health plan when a "qualifying event" would normally result in the loss of eligibility. The Town shall follow all applicable federal and state laws in determining what constitutes a qualifying event. Section 4-13-1 Payments A. Except as provided in this policy, employees or beneficiaries participating in COBRA benefits shall pay the full cost of coverage at the Town's group rates plus an administration fee as prescribed by federal law. B. The Town Manager, in his or her sole discretion, may authorize- Town payment of the costs of COBRA coverage for an employee or his or her beneficiaries for up to six months if the employee's qualifying event is a layoff as de~~ibed'in Chapter 8 of these Policies and Procedures. ` °~' Section 4-13-2 Written Notification of Eligibility The Human Resources Director shall ensure that each eligible employee and/or beneficiary receives written notification regarding COBRA rights and benefits in accordance with applicable federal and state laws. r~ ~. {aooizo3z~oc i 2}4-30 Exhibit B to Resolution No. 2008-168 • MARANA TOWN. t1F MARAN0. CHAPTER 4 EMPLOYMENT BENEFITS. Policy 4-14 CIVIC DUTY The Town of Marana encourages employees to fulfill their civic responsibilities as citizens and provides civic duty leave to eligible employees as described in this policy. Section 4-14-1 Eligibility ,~ Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for the various civic duty leaves as described in this policy Section 4-14-2 Jury Duty A. Eligible employees shall be granted up to 10 days of paid jury duty leave over any 12-month period. B. Employees shall show the jury duty summons to their supervisor as soon as .possible so that the supervisor .may make arrangements to accommodate the employee's absence. C. Employees on jury duty shall be paid their regular base rate of pay provided that they submit any juror fee payments received from the court, excluding mileage and per diem payments, to the Finance Department. Employees may keep mileage and per diem payments. D. If an employee is required to serve on jury duty beyond the .period of paid jury duty leave, the employee may request to use accrued vacation, personal or compensatory leave balances or may request administrative leave without pay. E. Employees shall report for work while on jury duty whenever the court schedule permits. F. The Department Head may ask the employee to request an excuse or postponement from jury duty if, in the Department Head's judgment, the employee's absence would create serious operational difficulties. Section 4-14-3 Witness Duty A. Eligible employees shall be granted up to 40 hours of paid time off per instance when subpoenaed to appear in court. B. Employees shall show the subpoena their supervisor immediately after it is received so that the supervisor may make arrangements to accommodate the employee's absence. {00o12o3zooc i 2}4-31 Exhibit B to Resolution No. 2008-168 '~~_,\ MARANA TOWN Of NIARANA CHAPTER 4 EMPLOYMENT BENEFITS C. Employees under subpoena shall be paid their regular base rate of pay provided that they submit any witness fee payments, excluding mileage and per diem payments, to the Finance Department. Employees may keep mileage and per diem payments. D. If an employee is required to appear in court beyond the period of paid .leave provided by this section, the employee may request to use accrued vacation, personal or compensatory leave balances or may request administrative leave without pay. E. Employees under subpoena shall report for work whenever the court schedule permits. F. Employees are not eligible for witness duty leave time spent in court on personal matters without a subpoena. Employees shall request the use of accrued leave balances for these court matters. Section 4-13-4 Voting A. Any employee eligible and registered to vote in any public election held within this state may request time off for voting. B. The employee may be absent for up to three hours with pay on the day of the election for the purpose of voting. C. The Department Head may specify the hours during which the employee may be absent for the purpose of voting. D. Employees are expected to vote at a time that minimizes impact on the department operations by voting during early or late voting hours. E. An employee may be .required to provide evidence of eligibility to vote prior to approval for time off. • • {oootzo37.DOC i z}4-32 • Exhibit B to Resolution No. 2008-168 ~~ MAf~A~IA .~'1 i TC?WN Oi:N1ARANA CHAPTER 6 EMPLOYEE DEVELOPMENT POLICY 6-1 EDUCATION ASSISTANCE The Town of .Marana may provide education assistance in the form of tuition reimbursement to eligible employees. Section 6-1-1 Purpose The Town of Marana recognizes that the skills and knowledge of its employees are critical to the success of the organization. The education assistance program encourages personal development through formal education so that employees can maintain and improve job-related skills or enhance their ability to compete for reasonably attainable jobs within the Town. Section 6-1-2 Budget Appropriation and Capacity A. The education assistance program is subject to any limitations imposed by the Town's • budget appropriations and capacity and the availability of funds. If the Town Council is unable to appropriate sufficient funds for the program, the Town shall be under no obligation to provide tuition reimbursement to employees. B. Available funds shall be disbursed to eligible employees on a first-come, first-served basis for any given fiscal year. Section 6-1-3 Reimbursement A. Employees approved for participation in the education assistance program shall receive reimbursement from the Town for 75 percent of approved tuition costs, as defined by this Policy. The employee shall be responsible for any remaining balances. B. The maximum assistance available to any one employee is $5,000 per fiscal year. C. The employee shall be responsible for all other expenses, including, but. not limited to, books, supplies, parking, and application and registration fees. Section 6-1-4 Eligibility for Participation A. All regular full-time employees with satisfactory work and attendance records who have successfully completed the initial evaluation period are eligible to participate in the education assistance program. B. Employees who receive grants, scholarships, or veteran's benefits that cover tuition • costs are eligible to participate, but the Town will only reimburse the employee for those tuition costs that are not covered by these external funds. Reg ~~i ;o ~ _ - age o {oooi2o3s.DOC i}6 - 1 • tr,~~ N~A~ANA .. M'11 TOW N DF MARANA CHAPTER 6 EMPLOYEE DEVELOPMENT C. Only courses that begin after a new employee's initial evaluation period ends will be eligible for reimbursement. D. Employees participating in the program must earn a grade of "C" or higher in graded courses or a grade of "pass" in pass/fail courses in order to remain eligible. Employees shall provide proof of satisfactory grades in the form of an original grade report or transcript. to the Human Resources Department within 45 calendar days of the completion of each course. Section 6-1-5 Criteria for Approval A. All courses shall be directly related either to the employee's present job or to a position within the Town to which the employee could logically progress in the future or a part of a planned program leading to an undergraduate or graduate degree in a field that has applicability to Town business (e.g., accounting, engineering, criminal justice). B. All courses shall be taken on the employee's own time, during off duty hours. C. All courses shall be taken at accredited colleges, universities or community colleges or at Town-approved vocational and trade schools. Section 6-1-6 Application and Reimbursement Procedures A. Employees shall complete a tuition reimbursement application, available through the Human Resources Department, before registering for any courses. B. All applications must have the prior approval of the employee's Department Head, as indicated by the Department Head's signature on the application. C. Applications shall be reviewed and approved or disapproved by the Human Resources Director or designee and the Town Manager or designee. Employees shall not be reimbursed for any courses enrolled in prior to receiving written confirmation of approval from the Town Manager or designee. D. If the application is approved, employees must submit a completed request for reimbursement, along with proof of satisfactory grade(s), within 45 calendar days of the completion of each course. Failure to submit the completed request as required within the time limit shall result in disqualification for tuition assistance. • E. Requests for reimbursement shall be reviewed by the Human Resources Director and then routed to the Town Manager or designee. Upon final approval of the request for reimbursement by the Town Manager or designee, reimbursement shall be distributed to the employee. Reg ~t 4k'L~ io ~ -1 - age o 00012038.DOC /}6 - 2 • MARAI~IA 't~~l\ TOWN Of MARANA CHAPTER 6 EMPLOYEE DEVELOPMENT Section 6-1-7 Termination. of Employment A. Employees participating in the education assistance program who separate from Town employment for any reason within 12 months of receiving reimbursement shall be required to repay the Town the full amount of the reimbursement. B. The amount of repayment to the Town shall be withheld from the employee's final paycheck. C. If the amount of the employee's final. paycheck is not sufficient to cover the cost of repayment to the Town, the employee shall be required to reimburse the Town for the amount due at the time of termination. • • Reg ~x ~i ~o ~ _ - age o {oooizosa.DOC i}6 - 3 • MARANA .~"~/ roww ov MraaNn CHAPTER 6 EMPLOYEE DEVELOPMENT Policy 6-2 TOWN-SPONSORED AND REQUIRED TRAINING It is the policy of the Town to encourage and coordinate training opportunities for employees and supervisors to enhance the efficiency and effectiveness of.Town services. "Training" is defined as any work-related seminar, conference, convention or workshop attended by an employee when registration and expenses are funded in whole or in part by the Town. Section 6-2-1 Procedures A. The employee's Department Head must approve attendance at training programs within the state prior to registration by the employee. B. The Town Manager or designee must approve attendance at training programs out-of--state prior to registration by the employee. C. Town-sponsored and required training shall generally be arranged during regularly • scheduled work hours. A Department Head may change the standard work hours of an employee to accommodate or require attendance at training activities. Required training shall be considered hours worked. D. Employees who acquire training on their own time and expense are encouraged to notify the Human Resources Department so the information can be noted in the employee's personnel file. A copy of any certificates awarded should be forwarded for inclusion in the employee's personnel file. E. The. Human Resources Department shall maintain an employee training history and shall periodically audit training attendance and policy compliance. Reg ~r ~~ ,-o ~ -t - age o {oooi2osa.DOC i}6 - 4 • MARANA ~.~I\ TOWN OFMAWINA CHAPTER 6 EMPLOYEE DEVELOPMENT Policy 6-3 SPECIAL LICENSES AND MEMBERSHIP FEES Membership in outside organizations shall be in the name of the Town, if possible. Section 6-3-1 As a Condition of Employment A. The Town will pay the current annual dues or fees for each employee who is required to be a member of a professional organization or who must maintain current a particular certification or license as a condition of employment. B. The employee must present a dues statement or other verification of the amount due to his or her Department Head. Payment will be made upon approval by the Department Head. C. Whenever possible, the Town will pay the dues or fees directly to the professional organization or licensing agency on behalf of the employee. If the Town cannot pay the • dues or fees directly to the professional organization, the Town will make a lump sum payment to the employee in the amount of the current annual dues or fees. Section 6-3-2 As a Condition of Professional Growth A. Employees who belong to professional organizations that are not required as a condition of employment, but that promote individual professional growth, competence and effectiveness in functioning as Town employees are encouraged to attend local, state and national meetings subject to approval by the Department Head and .budgetary limitations. B. Payment of dues and fees for these non-mandated organizations is the responsibility of the individual employee unless approved for Town payment by the Town Manager. Reg ~'. ftl4k~' io ~ -t - age o {oooizosa.~oc i}6 - 5 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM To: Mayor and Council Item A 5 From: Jane Fairall ,Deputy Town Attorney Subject: Resolution No. 2008-169: Relating to Personnel; approving and authorizing an extension of the terms of the sitting and alternate employee board members of the Town's Personnel Action Review Board; and declaring an emergency Discussion: Chapter 5 of the Town's Personnel Policies and Procedures provides for an appeal process for employees who are subject to certain personnel actions. For those reviewable actions, employees may appeal to the Town's Personnel Action Review Board (PARB). Per Section 5-6-9 of the Town's Personnel Policies, the PARB is made up of five members--two appointed citizen members, who serve terms of three • calendar years and three elected employee members, who serve terms of two calendar years. The policy also provides for two alternate citizen members and three alternate employee members who serve if one of the other five members is unable to serve. Town staff has begun a comprehensive review of all of the Personnel Policies in order to update and clarify the policies and to bring them into compliance with current laws and Town procedures. Changes to Chapter 5, including the PARB procedures, have not been proposed or implemented as of yet; however, it is anticipated that revisions will be proposed in the next several months. The sitting employee board members of the PARB, as well as two alternate employee members, were elected pursuant to Section 5-6-9, with terms beginning on December 15, 2006 and ending on December 15, 2008.. A sitting board is needed to hear any employee appeals now pending. Given the potential for upcoming changes to Chapter 5, staff recommends that the current employee board members' and alternate members' terms be extended for an interim period of time, rather than holding an election for new employee board members. This will ensure that those appeals currently pending will be fully completed before the make-up of the PARB membership changes (either through voting or a rule change), thereby allowing for consistency in the process. Currently there is one additional appeal filed yet this year that should be heard during January or February, depending upon the parties schedule. Staff anticipates bringing changes to the Personnel Policies and Procedures, Chapter 5 (PARB Rules) in January so any changes can be effective immediately following completion of pending appeals. Financial Impact: None. ATTACHMENTS: Name: Description: Type: ^ Reso RE._extenson_of Resolution Resolution empl wee me_ mbers_ terms Regular Council Meeting -December 16, 2008 -Page 110 of 126 ~00012064)DOC • Staff Recommendation: Staff recommends approval of an extension to the terms of the sitting and alternate employee members of the PARB. Suggested Motion: I move to adopt Resolution No. 2008-169. • • Regular Council Meeting -December 16, 2008 -Page 111 of 126 r~ MARANA RESOLUTION N0.2008-169 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING AN EXTENSION OF THE TERMS OF THE SITTING AND ALTERNATE EMPLOYEE BOARD MEMBERS OF THE TOWN'S PERSONNEL ACTION REVIEW BOARD; AND DECLARING AN EMERGENCY WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and • WHEREAS Section 5-6-9 of the Town's Personnel Policies and Procedures provides that the Town's Personnel Action Review Board (PARB) shall be composed of two appointed citizen members and three employee members elected by other Town employees and that alternate members of each group shall be selected; and WHEREAS the three sitting employee board members and two alternate employee board members of the PARB were elected to serve terms beginning on December 15, 2006 and ending on December 15, 2008; and WHEREAS the Council finds that the extension of the sitting and alternate employee board members' terms for an interim period is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. The terms of the three sitting and two alternate employee board members of the Town's Personnel Action Review Board, elected to serve terms beginning on December 15, 2006 and ending on December 15, 2008, are hereby extended until such time as any employment matters pending appeal to the board as of the date of this resolution are resolved. Section 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives • of the aforementioned amendments. Regulaxl4t~~n~ -December 16, 2008 -Page 112 of 126 JF 12/9!08 • Section 3. Since it is necessa for the reservation of the peace, health and safety of the D' p 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 16~' day of December, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney • • Regul~8~il6Q~ -December 16, 2008 -Page 113 of 126 -2- • 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Item A 6 Subject: Resolution No. 2008-170: Relating to Real. Estate; establishing a policy to accommodate Town Supervisory Control and Data Acquisition (SCADA) antennas at no cost on all communication towers erected on property leased from the Town Discussion: At the December 2, 2008, Town Council meeting, Council Member Roxanne Ziegler requested Town staff to return to Council with a formal policy to accommodate Town Supervisory Control and Data Acquisition (SCADA) antennas at no cost on all communication towers erected on property leased from the Town. A communication tower lease with Crown Communication, Inc., approved at the Council's November 18 meeting did not include a provision requiring the lessee to allow the Town to attach its SCADA antenna at no cost. As a result, the Town will be required to compensate the lessee for allowing the SCADA antenna to be attached to the tower, by either paying the lessee directly or by crediting against the lessee's rent of Town property. Town staff suspects that if the proposed policy is adopted, the rental rates on future communication tower site leases will simply be adjusted downward to reflect the market value of accommodating the SCADA antenna. Nevertheless, adoption of the policy will send a clear message to prospective lessees of Town sites that accommodating the Town's SCADA antennas is not a negotiable point. Financial Impact: Unknown. ATTACHMENTS: Name: Description: Type: ^ Reso r_e_Accommo..dating SCADA (FC0631~.DOC SCADA Lease Resokution Resolution Staff Recommendation: Staff recommends adoption of Resolution No. 2008-170. Suggested Motion: I move to adopt Resolution No. 2008-170. Regular Council Meeting -December 16, 2008 -Page 114 of 126 MARANA RESOLUTION N0.2008-170 RELATING TO REAL ESTATE; ESTABLISHING A POLICY TO ACCOMMODATE TOWN SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) ANTENNAS AT NO COST ON ALL COMMUNICATION TOWERS ERECTED ON PROPERTY LEASED FROM THE TOWN WHEREAS the Mayor and Council. find that accommodating Town Supervisory Control and Data Acquisition (SCADA) antennas at no cost on communication towers erected on property leased from the Town is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that all future communication tower site leases of Town property shall include a provision requiring the lessee to accommodate SCADA antennas at no • cost to the Town. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to carry out the intent and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16~' day of December, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: • Frank Cassidy, Town Attorney Regul~r~~@ib~ting -December 16, 2008 -Page 115 of 126 12/3/2008 10:35 PM FJC 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM To: Mayor and Council Item A 7 From: Frank Cassidy ,Town Attorney Subject: Resolution No. 2008-171: Relating to Utilities; approving and authorizing the Mayor to execute a Mutual Cancellation of Intergovernmental Agreement and Transition Agreement with Cortaro-Marana Irrigation District and Cortaro Water Users' Association; and declaring an emergency Discussion: This item is the subject of an executive session on tonight's agenda. Specific detail concerning the legal background and issues relating to this item will be presented in the executive session. • If approved, this item would mutually cancel and terminate the existing 1997 intergovernmental agreement among the parties, and would establish the terms for transition of the rights and obligations under that agreement. Financial Impact: To be discussed in executive session. ATTACHMENTS: Name: Description: T~-pe: ^ Reso re_CMID Transition_IGA_(FC0633~.D0C_ Reso re CMID Transition IGA Resolution ^ PHX DOCS~#1050733-v1-Town of Marana - Mutual Cancellation_of~P_HX DOGS-#1050733-v1_- Town_of_Marana - Mutual GanceElatian IGA Exhibit Mutual Cancellation of Intergovernmental Agreement~.DOC Staff Recommendation: Staff recommends adoption of Resolution No, 2008-171, approving and authorizing the execution of the CMID/CWUA agreement. Suggested Motion: I move to adopt Resolution No. 2008-171. • Regular Council Meeting -December 16, 2008 -Page 116 of 126 MARANA RESOLUTION N0.2008-171 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL CANCELLATION OF INTERGOVERNMENTALRGREEMENT AND TRANSI- TIONAGREEMENT WITH CORTARO-MARANA IRRIGATION DISTRICT AND CORTARO WATER USERS' ASSOCIATION; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana, the Cortaro-Marana Irrigation District, and the Cortaro Water Users' Association entered into an intergovernmental agreement and a trust agreement on Sep- tember 16, 1997 (collectively, the "Original IGA"); and WHEREAS the parties to the Original IGA now desire to enter into a mutual cancellation and transition agreement, formally terminating the Original IGA and establishing terms for the parties' relationship moving forward; and WHEREAS the Town Council finds that the proposed IGA is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, that the "Mutual Cancellation of Intergovernmental Agreement and Transi- tion Agreement" between. and among the Town of Marana, the Cortaro-Marana Irrigation District, and the Cortaro Water Users' Association attached to and incorporated by this reference in this reso- lution 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, anal objectives of the intergovernmental agreement. IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, so an emer- gency ishereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. Regul~~~~~e~ting -December 16, 2008 -Page 117 of 126 _ 1 - 12/8/2008 5:57 PM FJC • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16~' day of December, 2008. Mayor Ed Honea • • ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~rF~~~e~ting -December 16, 2008 -Page 118 of 126 _ 2 _ 12/8/2008 5:57 PM FJC • MUTUAL CANCELLATION OF INTERGOVERNMENTAL AGREEMENT AND TRANSITION AGREEMENT DECEMBER 1, 2008 PARTIES: Town of Marana, a political subdivision of the State of Arizona (hereinafter ``Town") and the Cortaro-Marana Irrigation District, Pima County, Arizona, a political subdivision of the State of Arizona (hereinafter "CMID") and its agent, the Cortaro Water Users' Association, an Arizona nonprofit corporation (hereinafter "GWUA"). PLACE: Marana, Arizona. DATE: When fully executed to be effective December 16, 2008. RECITALS: 1. The Parties previously on the 16th day of September, 1997, entered into an Intergovernmental Agreement and a Trust Agreement (hereinafter referred to as the "Original IGA"); 2. The intended purposes of the Parties for which the Original IGA was created have • been accomplished in part and the intent of the Parties have changed and portions of the Agreement are no longer applicable or relevant, or consistent with the intent of the Parties; 3. It is the intent of the Parties to mutually cancel the existing IGA subject to reservation of rights by each to present IGA. related claims, each against the other, to the extent that such. claims are determined to exist; and the Original IGA. is now agreed to be mutually cancelled. 4. It is the intent of the Parties to execute separate instruments conveying from the Trust created by the Original IGA those wells including land and facilities (herein "wells'') contributed to the Trust by each of the Parties and to reconvey those wells to the original contributing Parties. It is also the intent of the Parties those wells utilized by the Town of Marana in the Trust which belonged originally to CMID be sold and conveyed by CMID to the Town in consideration of a price to be paid to CMID as mutually agreed upon or determined by arbitration. AGREEMENT/COVENANTS: hereof. The above recitals are incorporated herein as though set forth in full and made a part 1. Upon full execution hereof, the Original IGA is mutually cancelled without waiver by either Party of existing alleged IGA-related claims. . 2. Interim Period -Until the date of conveyance of the wells from the Original IGA Trust to the Town, the water supply, cost and revenue provisions of the Original IGA shall Regul~~3cjl Meeting -December 16, 2008 -Page 119 of 126 ] 2/5/2008 • continue in full force and effect and shall be complied with by both Parties in a timely manner. In the event the Parties cannot agree on a price within thirty (30) days of the date of execution of this Agreement, each Party shall select within the next thirty (30) days a professional appraiser and the two selected shall within an additional thirty (30) days select a third professional appraiser, each of said appraisers shall. be knowledgeable and experienced in construction and equipping of wells and pumps and facilities, including the cost of associated land. They will review industry practices, pertinent facts and values and, within ninety (90) days of the retention of all of the appraisers, shall determine by majority vote the price to be paid to CMID, taking into consideration factors of costs of replacement and of construction and use of land and facilities, and their decision shall be binding upon the Parties. The determined price shall be paid forthwith to the District within twenty (20) days. 3. Claims -Each Party shall serve and file its IGA claims believed to have accrued as a matter dosing of the administration of the Original IGA within sixty (60) days. 4. Negotiation of Claims -Each. being a municipal entity, the Parties shall proceed to resolve their respective IGA-related claims by negotiation or otherwise as permitted by law. 5. Fifty-Gallon Per Minute Deed Restriction -The Parties agree that the fifty-gallon per minute deed restriction shall not apply to the Parties, but that the Parties shall defend such restriction against third parties. • 6. Exportation of Water -The Parties agree amounts of water produced within CMID and exported outside CMID on an annual basis shall be replenished in accordance with all applicable laws, rules and regulations. A copy of the annual report submitted to the Arizona Department of Water Resources pursuant to A.R.S. § 45-632 on or before March 31st of each year shall be provided to CMID allowing audit confirmation by CMID of the Town's withdrawal and replenishment practices. 7. New Wells -Drilling of new wells shall comply with all. applicable laws, rules and regulations. In the event of a need by the Town for a new well, the District shall have the option of offering to the Town an existing well .for purchase in as-is condition which meets or could be made to meet at the expense of the Town the utilization criteria of the Town. The Town may accept such District well at a mutually agreeable price based on the following determinants: value of land, original cost, depreciation and cost of replacement. The Town at its sole discretion has the right to accept or deny an offer of a well from CMID. If the Town does not purchase said well, it may drill a well in compliance with all applicable laws, rules and regulations. 8. Conveyance of Wells -Pursuant to the provisions of Section 2.25 of the Original IGA, the Parties shall immediately cause the Original IGA Trust to convey (i) the wells originally contributed to the Trust by the Town or by third parties on behalf of the Town to be reconveyed to the Town, and (ii) the wells conveyed to the Trust by CMID to be reconveyed to CMID. If thereafter the Town in writing requests to purchase CMID Trust wells and makes payment of a mutually agreeable price which shall take into consideration factors of land, and cost of replacement, CMID agrees to sell and convey the wells it received from the Trust to the • Town. In the event the Parties do not agree on a purchase price, the Parties shall proceed Regular Council Meeting -December 16, 2008 -Page 120 of 126 -2- • pursuant to Paragraph 2 .above to select arbitrators and to roceed with the arbitration rovisions P P which shall govern resolution of the price. General Provisions. A. Time of Essence. Time is hereby declared to be of the essence of this Agreement and each term, obligation, provision and condition hereof. B. Waiver. Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach. C. Successors & Assigns Binding Effect. All terms, provisions and conditions hereof shall be binding upon and inure to the benefit. of all parties hereto and their respective personal representatives, successors and assigns. D. Governin Lgaw. This Agreement and the rights, duties and obligations of the parties hereto shall be deemed made under, shell be construed in accordance with and shall be governed by the internal, substantive laws of the State of Arizona. E. Construction anal Miscellaneous. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning and not strictly for nor • against any party. The captions and paragraph headings used herein are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. When used herein, the terms "include" or "including" shall mean without limitation by reason of the enumeration. M grammatical usage herein. shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons may require. The term ``Person" shall include an individual, agency, corporation, partnership, trust, estate or any other entity. The words "herein," "hereof," "hereunder," and other similar compounds of the word "here" when used in this Agreement shall refer to the entire Agreement and not to any particular provision, section or exhibit. If the last day of any time period stated herein shall fall on a Saturday, Sunday or legal holiday, then the duration of such time period shall be extended so that it shall end on the next succeeding day which is not a Saturday, Sunday or legal holiday. The term "Agreement" shall include this Agreement and any substitution or replacement agreement and any modification, extension, renewal, or amendment to such Agreement. F. Survival. This Agreement and all representations and warranties herein shall survive and each of the provisions hereof shall remain in full force and effect except as modified. G. Severability. It is mutually agreed that in the event any term, covenant or condition is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant or condition shall in no way affect any other teen, covenant or condition herein contained. Unenforceability of any provision of this Agreement shall not limit or impair the operation or validity of any other provision. The parties further agree that, in the event any material term or provision hereof is found to be invalid or unenforceable in its entirety or in • material part, they shall execute such additional agreements and instruments as may be necessary to accomplish, to the extent legally permissible, the purpose and intent of each and every provision of this Agreement. Regular Council Meeting -December 16, 2008 -Page 121 of 126 -3- • H. Entire Agreement Integration Clause; Oral Modification. This Agreement, and the other documents contemplated hereby or described herein which are or have been or shall be executed by the Parties hereto, accurately and completely reflect the mutual understanding of the parties hereto and thereto as to all matters addressed herein and therein and there exist no agreements or understandings, written or oral, between the Parties, which are not specifically set forth herein. This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof, and all agreements entered into prior hereto are revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein. This Agreement may not be changed, modified or rescinded, except in writing, signed by all Parties to this Agreement, and any attempt at oral modif cation of this Agreement shall be void and of no effect. I. Notice. All notices provided for herein. shall be hand delivered, delivered by overnight courier (e.g., Federal Express) or sent by certified or registered mail, return receipt requested, addressed to all Parties hereto at it official business address or at such other address as the Party who is to receive such notice may designate in writing. Notice shall be deemed completed upon: (i) such hand delivery or courier delivery or (ii) three days after the deposit of same in a letter box or other means provided for the posting of certified mail, return receipt requested, addressed to the Party and with. the proper amount of postage affixed thereto. Except as otherwise herein provided, actual receipt of notice shall not be required to effect notice hereunder. • J. Enforcement. In the event of breach, anon-breaching Party may pursue remedies in law or equity and the Party in default hereunder shall bear the costs of the Parties who are successful in enforcing this Agreement, including reasonable attorneys' fees, whether or not an action is actually filed. K. Amendment and Waiver. No amendment or waiver of any provision of this Agreement or any of the other documents described herein or contemplated hereby shall be effective unless the same is in writing and signed by all Parties. L. Additional Documents and Acts. The Parties hereto shall execute, acknowledge, if applicable, and deliver such. additional documents and do such other acts as may be reasonably required to fully implement the intent of this Agreement. M. Cancellation. Either Party, pursuant to Arizona Revised Statutes Section 38-511, as amended, may cancel any contract it is a party to within three (3) years after its execution and without penalty or further obligation. In the event a Party elects to exercise its rights under Arizona Revised Statutes Section 38-51.1, as amended, said Party agrees to immediately give notice thereof to the other Party. It is agreed that both Parties have used the consulting services from time to time of common consultants in matters unrelated to the Original IGA and to that extent mutually agree the right of cancellation provisions of the above statute are waived. N. Multiple Counterparts and Duplicates-Fully Executed. This Agreement may be executed in multiple counterparts and when a counterpart has been executed by each of the parties hereto, such counterparts, taken together, shall constitute a single agreement. Duplicate • originals may also be utilized, each of which shall be deemed an original document. However, until fully executed, this Agreement shall not be effective. Regular Council Meeting -December 16, 2008 -Page 122 of 126 -4- • O. No Other Parties to Benefit. Except as provided herein, this Agreement is made for the sole benefit of the Parties to this Agreement and their successors and assigns and no other person or entity is intended to or shall have any rights or benefits under this Agreement, whether as third-party beneficiaries or otherwise. P. Recitals; Exhibits. The prefatory language and recitals made and stated hereinabove are hereby incorporated by reference into, and made a part of, this Agreement. Q. Authori Each. signatory hereof warrants and represents that they are duly authorized to execute this Agreement on behalf of the designated party; that ail necessary corporate, governmental and governing body approvals have been received; and that this Agreement is binding upon the Parry on behalf of whom the Agreement has been executed. DATED this TOWN OF MARANA By Mayor • ATTEST: Town Clerk Approved As To Form ASSOCIATION Town Attorney day of December, 2008. CORTARO-MARANA IRRIGATION DISTRICT By Its President ATTEST: Secretary CORTARO WATER USER5 By Its President ATTEST: Secretary Approved as to Form District and Association Counsel Regular Council Meeting -December 16, 2008 -Page 123 of 126 -5- ].1555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM To: Mayor and Council From: Kevin Kish, AICP ,Planning Director Item B 1 Subject: Resolution No. 2008-172: Relating to Boards, Commissions and Committees; Approving the re-appointments of Bill Ohl and Bob Anderson to the Town. of Marana Board of Adjustment. Discussion: Two positions on the Board of Adjustments (BOA) have terms which expired in February 2008 and require re-appointment or replacement. The members whose terms expired in February are Bill Ohl and Bob Anderson. Staff is recommending that the term of office held by Bill Ohl and-Bob Anderson be extended to • February 2010. ATTACHMENTS: Name: Description: Type: O Resoluton_2008-XX___BOA_re- ~ointment.._DOC Resolution Resolution Staff Recommendation: Staff recommends re-appointment to the Board of Adjustment for members Bill Ohl and Bob Anderson until February 2010. Suggested Motion: I move to approve Resolution 2008-172. • Regular Council Meeting -December 16, 2008 -Page 124 of 126 MARANA RESOLUTION N0.2008-172 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING .THE RE- APPOINTMENTS OF BILL OHL AND BOB ANDERSON TO THE TOWN OF MARANA BOARD OF ADJUSTMENT. WHEREAS, the Board of Adjustment has been created by the Town Council to meet and advise the Town Council on zoning concerns within the Town; and WHEREAS, the terms of Bill Ohl and Bob Anderson expired in February of 2008, and the Council wishes to re-appoint these individuals to terms that will expire in February of 2010. NOW, THEREFORE, BEIT RESOLVED by the Mayor and Council ofthe Town of Marana, Arizona, that Bill Ohl and Bob Anderson shall be re-appointed to the Board of Adjustment with terms of office to expire in February of 2010. • PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16~' day of December, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Regular Council Meeting -December 16, 2008 -Page 125 of 126 JCB/12/9/2008 i ~- r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 16, 2008, 7:00:00 PM To: Mayor and Council From: Steve Huffman ,Intergovernmental Affairs Administrator Item D 1 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 may be given to supplement the Legislative Bulletins. ATTACHMENTS: • Maine: Description: No .Attachments Available Staff Recommendation: Type: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. • Regular Council Meeting -December 16, 2008 -Page 126 of 126