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Home My WebLink About03/17/2009 Council Agenda Packet__ ~ ,rte ~v~~v}~ ra.,, ~ ...... REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 17, 2009, 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 all pagers 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 -March 17, 2009 -Page 1 of 47 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at aTww.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through. Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, March 16, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at ~~~~.marana_com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE 1 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 TOWN 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. 2009-28: Relating to Boards, Commissions and Committees; approving the appointment of Julie Prince as the Town of Marana's representative and Regular Council Meeting -March 17, 2009 -Page 2 of 47 Glenn Pfleiderer as the Town of Marana's alternate representative to the Tucson-Pima County Bicycle Advisory Committee (Kevin Kish) C 2: Resolution No. 2009-29: Relating to Community Development; approving and authorizing full execution of a Grant Agreement with the City of Tucson for Federal Transit Administration Funding under the Job Access/Reverse Commute Program (FTA Grant AZ-37-X009-00) (T VanHook) C 3: Resolution No. 2009-30: Relating to Community Development; granting in-kind services paid through Discretionary Funding to Perimeter Bicycling Association of America, Inc. an Arizona 501 (c)(3)nnn-profit organization to support the Tour of the Tucson Mountains Bicycling Event held April 26, 2009 in the Town of Marana (T VanHook) C 4: Resolution No. 2009-31: Relating to Utilities; authorizing the Utilities Director to submit all paperwork and take all actions necessary to move the Town's water utility from the Arizona Department of Water Resources gallons per capita per day program to the non- per capita conservation program (Dorothy O'Brien) C 5: Minutes of the February 24, 2009 special council meeting and March 3, 2009 regular council meeting COUNCIL ACTION A 1: Resolution No. 2009-32: Relating to the Police Department; approving and authorizing the Mayor to execute an Amendment to the Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association; and declaring an emergency (Suzanne Machain) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) 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 Marana wastewater collection and treatment to the Town of Marana E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources FUTURE AGENDA ITEMS Regular Council Meeting -March 17, 2009 -Page 3 of 47 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 -March 17, 2009 -Page 4 of 47 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM To: Mayor and Council From: Kevin Kish ,Planning Director Item C 1 Subject: Resolution No. 2009-28: Relating to Boards, Commissions and Committees; approving the appointment of Julie Prince as the Town of Marana's representative and Glenn Pfleiderer as the Town of Marana's alternate representative to the Tucson-Pima County Bicycle Advisory Committee Discussion: The Town of Marana is a member of the multi jurisdictional Tucson-Pima County Bicycle Advisory Committee (TPCBAC). The TPCBAC was established to serve in an advisory capacity to local governments on issues relating to bicycle recreation, transportation, and safety. The Town has received interest from two Marana residents to sit as a voting member of this committee. Both Julie Prince and Glenn Pfleiderer are residents of Continental Ranch, are avid bike riders and have extensive backgrounds relating to biking. The Town of Marana's citizen position on the Bicycle Advisory Committee is currently vacant. Staff is recommending the appointment of Julie Prince as the Town of Marana's representative to the TPCBAC. Staff is also recommending that Glenn Pfleiderer be appointed as an alternate to the TPCBAC. Mr. Pfleiderer would then represent the Town of Marana in the event Julie Prince is no longer able to serve on the committee. ATTACHMENTS: Name: ^ Resolution 2009-28 BAC Appontmentd_ oc ^ Proposed._BAC candidates for__appointment.doc Staff Recommendation: Description: Resolution Proposed Candidates for BAC Type: Resolution Backup Material Staff recommends the appointment of Julie Prince as the Town of Marana's to the TPCBAC. Staff also recommends Glenn Pfleiderer as the alternate representative to the TPCBAC. Suggested Motion: I move to approve Resolution 2009-28. Regular Council Meeting -March 17, 2009 -Page 5 of 47 MARANA RESOLUTION NO. 2009-28 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING THE APOINTMENTS OF JULIE PRINCE AS THE TOWN OF MARANA'S REPRESENTATIVE AND GLENN PFLEIDERER AS THE TOWN OF MARANA' S ALTERNATE REPRESENTTIVE TO THE TUCON-PIMA COUNTY BICYCLE ADVISORY COMMITTEE WHEREAS, the Tucson-Pima County Bicycle Advisory Committee (TPCBAC) was estab- lished to serve in an advisory capacity to local governments on issues relating to bicycle recreation, transportation., and safety; and WHEREAS, the Town of Marana, is a member of the multi jurisdictional TPCBAC; and WHEREAS, the Town. of Marana's citizen representative position on the TPCBAC is vacant, and the Council wishes to appoint a representative and alternate representative to the TPCBAC. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, that Julie Prince shall be appointed representative and Glenn Pfleiderer alternate representative to the TPCBAC. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17~' day of March, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -March 17, 2009 -Page 6 of 47 PROPOSED CANDIDATES FOR APPOINTMENT TO THE TUCSON-PIMA COUNTY BICYCLE ADVISORY COMMITTEE Julie Prince Education: BA from the University of Arizona in Radio-Television, with a minor in Business Administration; Sabino High School graduate; Fluent in Spanish. Marana Resident: Six (6) years in Continental Ranch Professional Experience: Television news anchor/reporter/producer all over the country. Began broadcast news career in Tucson. Meet and interviewed Presidents, the British Prime Minister, witnessed numerous Space Shuttle launches and landings, covered numerous high- profile criminal and civil trials, and covered numerous governmental public meetings. First Magnus Financial Corporation Employee -Legal Department Engineering Technical Editor Administrative Assistant Radio Disc Jockey and Radio News Anchor/Reporter/Producer Bicycling Experience: Maintain own Trek carbon racing/road bicycle Two (2) Register's Annual Bike Ride Across Iowa (RAGBRAI) -average of 75 miles per day over seven consecutive days, for an average total ride of 500 miles each year. Signed up for the 2009 RAGBRAI. During the 2008 RAGBRAI, met and talked with Lance Armstrong, the seven-time winner of the Tour de France. Three (3) El Tour de Tucson races; One (1) 35-mile race (Gold) and Two (2) 109-mile races (Silver) One (1) El Tour de Phoenix race One (1) Tour of the Tucson Mountains race One (1) LiveStrong Challenge race -raised more than $1,,000.00 for the Lance Armstrong Foundation to help battle cancer. Average at least 100 miles a week on the bike, riding to work and on the weekends. Member of Greater Arizona Bicycling Association (GABA) Regular Council Meeting -March 17, 2009 -Page 7 of 47 Glenn Pfleiderer Education: BS in Geophysical Engineering Marana Resident: Seven (7) years in Continental Ranch Professional Experience: CAD Regional Manager for a civil engineering firm (Psomas) Surveying and civil engineering industries for 20 years Petroleum Industry Exploration Taught AutoCAD and Softdesk Civil Engineering software at Clackamas Community College (7 years) Bicycling Experience: Avid cyclist for approximately 6 years Three (3) El Tour de Tucson races Have ridden most bike paths in the area, including the new paths in Marana along the Santa Cruz River plus the new bike path in Marana near Heritage Park from Sanders Road to I-10 Commute to work 2 to 3 times a week (15 miles); ride 25 to 100 miles on the weekend Regular Council Meeting -March 17, 2009 -Page 8 of 47 ~~ ^~~ ~~ ,~..~o~..~.~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM To: Mayor and Council Item C 2 From: T VanHook ,Community Development Director Subject: Resolution No. 2009-29: Relating to Community Development; approving and authorizing full execution of a Grant Agreement with the City of Tucson for Federal Transit Administration Funding under the Job Access/Reverse Commute Program (FTA Grant AZ- 37-X009-00) Discussion: Town staff have been working with the PAG/RTA Transit Working Group, Pima County, Tucson, Oro Valley, and Sahuarita in a collaborative effort to plan for and initiate enhanced regional transit services. The Working Group's efforts have concentrated on: (1) increasing accessibility to transit services; (2) providing un- and under-served areas with new transit routes; and (3) coordinating service schedules, rates, safety, planning, and marketing throughout the region. Currently transit services within. the Town include: (1) Marana Rural Route (Sun Shuttle) providing three 90 minute weekday loops through the Town and unincorporated areas of Pima County starting at 5:30 am and ending at 7:00 pm; (2) Sun Tran Route 16 running down Ina Road to Oracle Road; and (3) Sun Express routes 102x, 103x, 104x, and 202x provide connections to Oro Valley, the aero Park, and downtown Tucson. Although the Marana Rural Route offers some services, the limited services area, lengthy route schedules, and extremely restricted service times do not provide adequate connectivity to meet the time demands of busy reverse commuters connecting from SunTran routes to commercial and government centers in northern Marana. The RTA funded neighborhood circulators coming on line in May 2009 will help connect residents in the Continental Ranch and Dove Mountain areas to commercial centers and transit links, but will not provide any additional connectivity to the northwest. To address the transit needs of employees in underserved areas, Town staff have worked with City of Tucson (COT) staff to develop new services connecting riders to northern Marana employers using funding authorized under the Federal Transit Administration's Job Access/Reverse Commute Grant (JARC) program. In 2007, COT sponsored the Town's application as asub-grantee to fund a commuter route linking Northern Marana employers to existing Sun Tran services. The new (JARC) Sun Shuttle will stop at Ina and Cortaro Roads, travel up I-10 to the Marana Health Center, Marana Unified Schools, Municipal Complex, and loop back. As employment opportunities expand at the airport, route adjustments will be made to accommodate increased workforce commute demands. The new Sun Shuttle route will connect workplaces with restaurants and services throughout the day providing options for commuters during the lunch hour allowing commuters to access food and shopping during the day. Under this agreement the grant funding will support 80% of the purchase for a new transit vehicle up to and 50% of operating expenses for services during key commute hours Monday through Friday from 6:00 am - 6:30 pm. Regular Council Meeting -March 17, 2009 -Page 9 of 47 Financial Impact: The Town will be responsible for paying one time match equaling $24,000 for the purchase and approximately $80,770 for operating expenses over the first three years of service. Some of the ongoing operating costs will be off-set by a reduction in the cost sharing associated with the Marana Rural. Route when it changes schedule at initiation of the JARC. ATTACHMENTS: Nat~ne: Description: Type: ^ PAG JARC Resolution 2009.doc JARC Granf Funding Resolution Resolution Staff Recommendation: Staff recommends full execution of a Grant Agreement with the City of Tucson for Federal Transit Administration Funding under the Job Access/Reverse Commute Program (FTA Grant AZ-37-X009- 00). Suggested Motion: I move to approve Resolution No. 2009-29, authorizing the Town Manager to execute the Grant Agreement with the City of Tucson for Federal Transit Administration Funding under the Job Access/Reverse Commute Program (FTA Grant AZ-37-X009-00). Regular Council Meeting -March 17, 2009 -Page 10 of 47 MARANA RESOLUTION N0.2009-29 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING FULL EXECUTION OF A GRANT AGREEMENT WITH THE CITY OF TUCSON FOR FEDERAL TRANSIT ADMINISTRATION FUNDING UNDER THE JOB ACCESS/REVERSE COMMUTE PROGRAM (FTA GRANT AZ-37-X009-00) WHEREAS, the Town of Marana recognizes that providing high-quality transit services contributes to the economic growth and stability of the community; and WHEREAS, the Town of Marana is working with regional partners to increase accessibility to transit services and increase connectivity between residential and commercial centers throughout the region; and WHEREAS, the Town of Marana wishes to initiate new transit services under the Job Access/Reverse Commute program to offer transportation options for employers and employees in northern Marana; and WHEREAS, Chapter 53 of 49 United States Code, makes financial aid available to municipalities and local units of government showing substantial effort toward the preservation, improvement, and operation of mass transit systems; and WHEREAS, the City of Tucson applied for and was granted a Job Access/Reverse Commute grant (FTA Grant AZ-37-X009-00) listing the Town of Marana as asub-grantee partner; and WHEREAS, grant funding will support 80% of the purchase for a new transit vehicle and 50% of operating expenses for services during key commute hours Monday through Friday from 6:00 am - 6:30 pm. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to execute the Grant Agreement with the City of Tucson for funding under FTA Grant AZ-37-X009-00 to implement Job Access/Reverse Commute services in Marana. PASSED AND ADOPTED BY THE MAYOR. AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 17~' day of March, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -March 17, 2009 -Page 11 of 47 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM To: Mayor and Council From: T VanHook ,Community Development Director Item C 3 Subject: Resolution No. 2009-30: Relating to Community Development; granting in-kind services paid through Discretionary Funding to Perimeter Bicycling Association of America, Inc. an Arizona 501 (c)(3) non-profit organization to support the Tour of the Tucson Mountains Bicycling Event held April 26, 2009 in the Town of Marana Discussion: Perimeter Bicycling Association of America, Inc. founded in 1983, is an Arizona 501(c)(3) non-profit organization responsible for the promotion and production of four major cycling events: El Tour de Tucson, El Tour de Phoenix, Cochise County Cycling Classic, and Tour of the Tucson Mountains. Each of these events raises funds for local and national charitable organizations. This has equaled more than $28.6 million dollars in the past 25-years. This year the Tour of the Tucson Mountains will benefit the Marana Food Bank and three other charities. The 23rd Tour of the Tucson Mountains will be held on Sunday, Apri126th in Marana. More than 1250 riders participated in the 2008 event breaking the event record number of cyclists for the third straight year. This year Perimeter Bicycling is projecting between 1200 and 1500 participants. In addition the adult tour, a Kids & Family Fun Ride will provide an opportunity for children to participate in a recreational cycling activity with family and friends. The Fun Ride is designed to help combat childhood obesity, "a major issue affecting our children" through example. The event will offer activities for cyclists, non-cyclist, all ages and abilities. To encourage people to come and enjoy the event, there will be a community festival including non-cycling activities at the start-finish area. Start/Finish line entertainment will include local arts & crafts, musical performances, and other activities. Perimeter Bicycling is also working closely with Marana's Police and Parks and Recreation Departments to provide safe cycling training classes. Each year this event bringing thousands of people into Marana to spend money at local businesses. A wide variety of Marana businesses are featured on the Perimeter Bicycling website under the event name including hotels, restaurants, and local attractions. These Marana businesses are easily accessed on the web and are included in promotional and registration materials sent out to participants. Perimeter Bicycling has kept Marana's sponsorship as a key message in the event's promotional materials and in ongoing press releases. The Town of Marana has supported Perimeter Bicycling by underwriting the cost of the Police support within the Town of Marana for the past four years. Estimated costs for supporting the 2009 Tour of the Tucson Mountains is $2,300. Traffic Control/Police Staffing $1,500.00 Regular Council Meeting -March 17, 2009 -Page 12 of 47 O & M Street Sweeping $800.00 The Perimeter Bicycling Association of America has submitted a Discretionary Funding application for in-kind services estimated at $5,500 to $7,000. They have included all required documentation. Staff would like to note that last year's reports were filed in a very timely manner and the organization has kept staff up-to-date on their activities throughout the year. Financial Impact: Total cost to the Town is estimated at $2,300.00 ATTACHMENTS: Name: Description: Type: ^ Permeter_Bcycing Association -_Resofu..ton 02- Resolution 2009.doc Staff Recommendation: Resolutian Staff recommends granting in-kind public safety services paid through Discretionary Funding to Perimeter Bicycling to sponsor the Tour of the Tucson Mountains bicycling event held April 26, 2009 in the Town of Marana. Suggested Motion: I move to approve Resolution No. 2009-30 granting in-kind public safety services paid through Discretionary Funding to Perimeter Bicycling to sponsor the Tour of the Tucson Mountains bicycling event held Apri126, 2009 in the Town of Marana. Regular Council Meeting -March 17, 2009 -Page 13 of 47 MARANA RESOLUTION N0.2009-30 RELATING TO COMMUNITY DEVELOPMENT; GRANTING IN-KIND SERVICES PAID THROUGH DISCRETIONARY FUNDING TO PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. AN ARIZONA 501(C)(3) NON-PROFIT ORGANIZATION TO SUPPORT THE TOUR OF THE TUCSON MOUNTAINS BICYCLING EVENT HELD APRIL 26, 2009 IN THE TOWN OF MARANA WHEREAS, the Town of Marana has established a Discretionary Fund to support local non-profit organizations forwarding the priorities set by Mayor and Council; and WHEREAS, Mayor and Council recognizes the need to promote programs that encourage positive activities for Marana's youth and families and a sustainable environment; and WHEREAS, Perimeter Bicycling Association of America, Inc, acommunity-based non- profit organization is providing programming to promote the youth and families, physical fitness, and a clean environment ;and WHEREAS, on April 26, 2009 the Tour of the Tucson Mountains will start and f nish in Marana providing positive activities for youth and families and drawing participants from around the United States to Marana; and WHEREAS, Mayor and Council find that providing in-kind- services through its Discretionary Funds as set forth in this Resolution is in the best interest of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, to provide Perimeter Bicycling Association of America, Inc. public safety and traffic control support for the Tour of the Tucson Mountains bicycling event held April 26, 2009. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 17th day of March 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -March 17, 2009 -Page 14 of 47 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM To: Mayor and Council From: Dorothy O'Brien ,Assistant Utilities Director Item C 4 Subject: Resolution No. 2009-31: Relating to Utilities; authorizing the Utilities Director to submit all paperwork and take all actions necessary to move the Town's water utility from the Arizona Department of Water Resources gallons per capita per day program to the non-per capita conservation program Discussion: The Arizona Department of Water Resources (ADWR) manages and enforces the Arizona Groundwater Management Act. One requirement of the Act is to measure and reduce annual water usage on a per- customer basis. The Act requires all water utilities to participate in one of two ADWR water conservation programs: the gallons per capita per day (GPCD) used or the non-per capita program. The Town currently participates in the GPCD program and would incur more short-term benefits by participating in the non-per capita program as discussed below. The Town of Marana was notified in November of 2008 that it did not meet its GPCD requirements from 2001 to 2006. To participate in and be in compliance with the GPCD program, the Town would need to significantly reduce its per capita water usage below its current and historical usage levels. Additionally, remaining in the GPCD program places the Town at risk to be fined by ADWR for the years the Town has not been in compliance. As an alternative, ADWR is allowing communities to move from the GPCD program to the non-per capita program. Communities will need to notify ADWR in writing of their intention to change plans by the end of March. The non-per capita program would require the Town to develop a water conservation plan that would include public education components. The Town could potentially take advantage of the public outreach and conservation education programs offered by the University of Arizona through the Town's membership in Water Conservation Alliance of Southern Arizona (Water CASA). Once implemented, the conservation plan should help the town reduce its per capita water usage and enable the town to rejoin the GPCD program in the future if it so chooses. The Town would also avoid potential fines for the years it was not in compliance under the GPCD. The non-per capita program water conservation plan is due for approval by ADWR by June 30, 2009. Prior to its submittal, the plan would be reviewed by the Utilities Commission and Council. The attached resolution provides the authority for staff to notify ADWR that it will be moving to the non-per capita program. Financial Impact: The Utilities Department is a member of Water CASA. Several programs provided by Water CASA may meet some requirements of the non-per capita program. Additional programs recommended for adoption with significant financial impact would be brought before the Utilities Commission for recommendation and Council for adoption. Regular Council Meeting -March 17, 2009 -Page 15 of 47 ATTACHMENTS: Name: ^ Reso_re_non- per capita~rogram_ Staff Recommendation: Descriptian: Reso re non-per capita program Tape: Resolu#ion Staff recommends the Utilities Department move from a GPCD compliance program to the non-per capita program. Commission Recommendation - if applicable: The proposal to move the Town to the non-per capita program was brought before the Utilities Commission on February I0, 2009. The Commission recommends moving from the GPCD program to the non-per capita program. Suggested. Motion: I move to approve Resolution No. 2009-3 L Regular Council Meeting -March 17, 2009 -Page 16 of 47 MARANA RESOLUTION N0.2009-31 RELATING TO UTILITIES; AUTHORIZING THE UTILITIES DIRECTOR TO SUBMIT ALL PAPERWORK AND TAKE ALL ACTIONS NECESSARY TO MOVE THE TOWN'S WATER UTILITY FROM THE ARIZONA DEPARTMENT OF WATER RESOURCES GALLONS PER CAPITA PER. DAY PROGRAM TO THE NON-PER CAPITA CONSERVATION PROGRAM WHEREAS the Town of Marana recognizes the importance of providing safe quality water to its residents and complying with all rules and regulations promulgated by the Arizona Department of Water Resources (ADWR); and WHEREAS the Town of Marana is currently participating in the gallons per capita per day program administered and enforced by ADWR; and WHEREAS the Town of Marana desires to move from the gallons per capita per day program to the non-per capita conservation program; and WHEREAS the Town Council finds that participation in the non-per capita conservation program is in the best interests of the Town of Marana and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Utilities Director is hereby authorized to submit all paperwork and to undertake all other actions necessary for the Town to participate in ADWR's non-per capita conservation program., including without limitation developing a conservation program in compliance with the non-per capita program and implementing the conservation program after it is approved by ADWR. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17~' day of March, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -March 17, 2009 -Page 17 of 47 / l ....~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM To: From: Mayor and Council Item C 5 Subject: Minutes of the February 24, 2009 special council. meeting and March 3, 2009 regular council meeting Discussion: ATTACHMENTS: Name: ^ 02-24-09_S.pecal_D__raft Minutes.pdf Description: 02-24-2009 Special Meeting Minutes ^ 03..-03-09 Draft_Mn_u_t_es.pdf 03-03-2009 Regular Meeting Minutes Staff Recommendation: Suggested Motion: Type: Backup Material Backup Material Regular Council Meeting -March 17, 2009 -Page 18 of 47 SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 24, 2009, 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 SPECIAL MEETING CALL TO ORDER AND ROLL CALL All present PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA With the removal of item A.2 at the request of UPRR, a motion by Council Member Clanagan, second by Council Member McGorray. Unanimously approved CALL TO THE PUBLIC PRESENTATIONS P 1: Presentation: Relating to Engineering; Presentation on status of Tres Rios del Norte and authorizing staff to continue coordination with the United States Army Corps of Engineering, the Cite of Tucson, and Pima County Regional Flood Control District on the Tres Rios del I~o1-te ecosystem restoration study Jennifer Christelman presented. Ms. Christelman reviewed some of the obstacles facing the project and listed high to low effort restoration alternatives. Staff is requesting Council support for Plan CHigh -high level of effort, low water use. This is the most cost-efficient alternative. The cost ranges from $9,874,000 to $391,224.000. The cost of water was estimated using $305 per AF for feasibility and costing-out purposes. When the feasibility study is done and taken out to the community in the fall of 2009, staff is looking at April 2010 to present the final draft. Staff is asking Council direction to continue coordination with the local sponsors and the Corps of engineers -the Town paying 35% of the construction costs. Regular Council Meeting -March 17, 2009 -Page 19 of 47 Vice Mayor Kai asked if there were anticipated problems with mosquitoes in the Continental Ranch area. Ms. Christelman stated that this is being addressed through drip irrigation and vector control. There are areas planned for open water. Council Member Ziegler asked if this would go in the 2009-10 budget. Ms. Christelman responded that money has already been budgeted for public meetings and that they are not looking for funding at this time. Council Member Ziegler noted that economic times would drive this project. Motion to move forward by Council Member Comerford to authorize staff to continue participating as a sponsor of the Tres Rios del Norte Feasibility Srudy in cooperation with the Army Corps of Engineers and other local sponsors to c~omp~ete the study with C-High as the recommended plan, second by Vice Mayor .Kai, ;-approved unanimously. P 2: Presentation: Relating to Economic Development; Presentation on the proposed process and community involvement for the Marana Economic Roadmap strategic plan. Presented by Gilbert Davidson. He discussed the t~ peg o#'businesses Council would want to attract to the community that would add value. There is still a lot of work to do to make Marana a place where businesses want to locate. He also discussed the types of target industries and incentives and a collaborative community approach. There are three parts to the economic roadmap starting with the steering committee which include PSA as the facilitator, two seats from the Town Council, four seats from the Utilities Commission (to attract corporate inveshnentsl. one seat far a major employer, one seat for a small business, one seat for the Chatn>,er of Commerce. one seat for tourism and hospitality, two seats fro rr education, one seat for town staff, and one seat from the Business & Economic Development Commission. The steering committee would then present their recommendations for citizen review, Commission approval and Council approval prior to implementation. The technical team is composed of in-house staff from Utilities, the Airport, Planning, Technology Services and the Town Manager's office. He briefly outlined the current status and timeframe. He noted a draft letter on the dais that would be sent out to all steering committee members. A draft Plan would be brought back to Council. Most of the work will be done in-house for cost-savings. A final working draft should be ready by the end of summer. Council Member Clanagan asked about the steering committee composition, noting that this might be a good opportunity for TREO to be involved and for the town to reach'out and see what level of help and expertise they can bring to the process. Mr. Davidson responded that TREO could be a valuable entity in terms of their resources and it could be an opportunity to engage them on a specific activity. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Post reported that there are equestrian events going on all week at the Marana arena; Council Member Clanagan reported that he had been having discussions with a member of the Oro Valley Council about the possibility of having a joint Council meeting to discuss issues of mutual concern. Council Member Ziegler reported on the Regular Council Meeting -March 17, 2009 -Page 20 of 47 beautiful venue David Mehl and the Ritz Carlton have created for the PGA Match Play. Council Member McGorray and Mayor Honea also noted their attendance at PGA practice rounds. The Mayor noted that this is great advertising for the region because of the tournament. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson stated that he attended a roping event with the Mayor as part of the Tucson rodeo, attended the PGA tournament and acknowledged the dozens of staff members who have worked very hard to make sure everything looks good for the tournament. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.03: Relating to Utilities; amending 'section 14-7-1 of the Town Code by revising the water base fees and consumption rates; and providing for an effective date The Mayor opened the public hearing. Brad DeSpain addressed Council with an introduction of the members of the group: Barbara Johnson, Dan Jackson, Ann Meaders, Dorothy O'Brien, Lorraine Steckler from the Utilities Advisory Commission, and Roxanne Ziegler as the Council liaison. He covered the objectives and timeline and necessities that required bringing the rate increases to the Council for consideration and approval. The average bill for Marana residents is $3 less than other residents in the state. Dorothy O'Brien addressed the need for the rate increases. She referred to a comparison of current residential monthly water charges to Arizona state averages fora 10,000 gallon use per month. Next she discussed the many goals of a water rate plan through best practices, then the recommended water rate plan which had previously been presented to Council in January. Marana is the only areas were you get the first 1000 gallons within your base rate. Ms. O'Brien then presented a forecast for the long-term water rate plan and summarized that the goal is to make sure that the rates are favorable to state averages and meet environmental regulations and increased operating expenses. The increase is $2-3 for most ratepayers. All rates will be reviewed annually. David Morales addressed Council during the public hearing. He noted his biggest complaint is the tier system. The residential customer is the only one on the tier system. He feels that anyone who has a water line should pay into the tier system. He asked for this consideration because many people in old Marana use swamp coolers that use 6,000 gallons per month and it can be very expensive in the summer months. Motion by Council Member Ziegler, second by Council Member McGorray. Passed unanimously. Regular Council Meeting -March 17, 2009 -Page 21 of 47 A 2: Resolution No. 2009-23: Relating to Transportation; approving and authorizing the Mayor to execute an agreement with Union Pacific Railroad Company concerning double-tracking through the Town BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS For Items E2 and E3 -Motion by Council Member Clanagan, second by Council Member McGorray. Passed Unanimously. 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (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 Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Discussion by Council Member Post regarding information being brought to Council for negotiations for projects when they haven't been vetted properly through Planning & Zoning. Council Member Clanagan noted his concerns about being asked to approve something at the same time it is being presented when there has been no time to review and consider the information properly. He asked that the manager address this, perhaps with acut-off date to bring this to Council. Mr. Davidson said he will work on procedures to have in place and bring back to Council at future meeting. Council Members Post, Clanagan and Ziegler requested this as a future agenda item for discussion. ADJOURNMENT Motion by Council Member Clanagan, second by Council Member McGorray. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 24, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -March 17, 2009 -Page 22 of 47 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 3, 2009, 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 REGULAR MEETING CALL TO ORDER AND ROLL CALL All present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMFNT OF SILENCE APPROVAL OF AGEI\D.~ Motion by Council Member McGorray, second by Council Member Comerford Passed unanimously. CALL TO THE PtiBLIC Brad DeSpain presented an award to dim Shiner on behalf of the employees of the Town of Marana who held their Employee Appreciation dinner at the Stardance Center about a year ago. Mr. Shiner and his partner, Lex Sears, hosted the employees for the evenmg. Steven Draper, Eagle Scout -Troop 229, presented his Buffelgrass project to Council. He described his project, the pulling of Buffelgrass, which will be March 28 from 8:00 a.m. to 11:00 a.m. at Twin Peaks Road on the Santa Cruz River Trail. He is asking for 30-40 volunteers and for a donation of tools, water, food and gloves. Theodore Williams, Gladden Farms resident. He is concerned about the uncertain future of that community because of the foreclosure issue surrounding the merger of Gladden Farms I and Gladden Farms II. He believes the merger may cost homeowners more money. He also believes that his vote didn't count when the issue was submitted to the homeowners. He believes that all the foreclosures will significantly lower the value of Regular Council Meeting -March 17, 2009 -Page 23 of 47 the homes in Gladden Farms and that the dues will be higher than in Continental Ranch. Staff will contact Mr. Williams. David Morales noted his disappointment that there were no agendas for the public. He also stated that last week the Council approved the water ordinance and again spoke to the tiered water system. He felt this was discrimination. He doesn't believe that the present Council has the authority to make decisions for future Councils. He doesn't think that this is permitted by state law regarding water rates. Mr. Davidson addressed the issue and that the action taken last week was for this fiscal year only. Mr. DeSpain addressed Council Member Ziegler's concerns that the resolution only covers until July of 2009. The Water Department is committed to coming back to the Council each year. Council Member Ziegler expressed her surprise that what was proposed by the Utilities Citizen Advisory Commission is not what occurred. Mr. Davidson explained how the analysis produced the assumptions over the next number of years. What the commission recommended and the Council approved was the implementation for the coming fiscal year. The Mayor suggested because no action can be taken on a Call to the Public that this item can come back to the Council at another time. PRESENTATIONS P 1: Presentation: Relating to Pinal County Comprehensive Plan Jerry Stabley, Pinal County Project Manager, gave a progress report on the status of the Sun Corridor Megapolitan -the Comprehensive Plan of Pinal County, and noted that he was asking for Council support updating of this Plan through a proposed resolution. Over 2000 people throughout Pinal County have participated in this Plan. ANNOUNCElVIENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea congratulated all who worked on the Accenture golf tournament last week. He noted that there was a positive impact on the region because of the success of the tournament. He also attended the Senior Center picnic in the park today where about 200 seniors participated. He added the Senior Center is operating at close to full capacity. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted the Council Executive Report is submitted as part of the official record. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Regular Council Meeting -March 17, 2009 -Page 24 of 47 Upon motion by Council Member McGorray, second by Council Member Posz Unanimously approvecb Jane Fairall noted that the Mayor had called for a vote prior to the presentation by Mr. Stabley, wherein he was requesting Council support by resolution of the Pinal County Comprehensive Plan which is on the Consent Agenda. Ms. Fairall noted that if there was no discussion by Council after the presentation, the vote could stand as passed. There was no change. C 1: Resolution No. 2009-25: Relating to Development; approving and Authorizing a Final Plat for Dove Mountain Resort II, Lots 79-97, 154-172 and Block "L" C 2: Resolution No. 2009-26: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a person transfer and. a location transfer of a No. 6 (Bar) liquor license submitted by James A. Shiner on behalf of Lazy K Stardance, LLC, 8110 N. Scenic Drive, Tucson, AZ 85743 C 3: Resolution No. 2009-27: Relating to Development; endorsing and supporting the Pinal County Comprehensive Plan Draft C 4: Minutes of the February 10, 2009 special council meeting and the February 17, 2009 regular council meeting COUNCIL ACTION A 1: Relating to Offenses; decision whether to recor7sider Ordinance No. 2009.01 adopted on February 3, 2009, amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age often unattended in a motor vehicle; adding chapter 11-8; renumbering existing chapters l 1-8 and 11-9 Jane Fairall presented Item Al and stated why this item was on the agenda for reconsideration. Reconsideration would have the effect of appealing the original ordinance Motion to approve by Council Men7ber Clanagan, second by Council Member Post, passed unanimously. A 2: Ordinance No. 2009.01: Relating to Offenses; reconsideration of Ordinance No. 2009.01 adopted on February 3, 2009; amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age of ten unattended in a motor vehicle; adding Chapter 11-8; renumbering existing Chapters 11-8 and 11-9; and designating an effective date No action was necessary. A 3: Ordinance No. 2009.04: Relating to Offenses; amending Title 11 of the Marana Town Code to prohibit the act of leaving a child under the age of eight unattended in a motor vehicle; adding Chapter 11-8; renumbering existing Chapters 11-8 and 11-9; and declaring an emergency Motion to approve by Council Member Clanagan, second by Council Member Post, passed unanimously by roll call vote. Regular Council Meeting -March 17, 2009 -Page 25 of 47 BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Steve Huffman gave a report on the current status of legislation. 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 CountylPima 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)(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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources FUTURE AGENDA ITEMS Council Member Clanagan raised the question that was posed at the retreat earlier in the year where any Council Member who attends a meeting provides an update to the rest of the Council Members. Mayor Nonea will address this with Council Member Clanagan, and noted that this does not razed to be an agenda item. ADJOURNMENT Adjourned at 7:36 p.m. upon motion by Council Member Post, second by Council Member McGorray. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 3, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -March 17, 2009 -Page 26 of 47 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM To: Mayor and Council From: Suzanne Machain ,Human Resources Director Item A 1 Subject: Resolution No. 2009-32: Relating to the Police Department; approving and authorizing the Mayor to execute an Amendment to the Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association; and declaring an emergency Discussion; The Town of Marana and the Marana Police Officers' Association (MPOA) entered into negotiations pursuant to Section 9-3; Term and Effect of Memorandum of Understanding (MOU) paragraph D, which states that by mutual consent of the parties the MOU may be opened at any time for amendment. Under this section, the parties agreed to discuss provisions related to performance-based step pay plan increases, merit increases, lump sum performance awards, calculation of overtime and take-home vehicles. Management team members participating in the negotiations included Deb Thalasitis, Assistant Town Manager; Terry Tometich, Police Chief; and Suzanne Machain, Human Resources Director. MPOA team members included Officer Jason Cann, MPOA President; Officer Jerry Brei, MPOA Secretary, and Crime Scene Unit Supervisor Thomas Sommerville. Step Increases and Lump Sum Performance Awards - The teams discussed and agreed that for all employees in classifications covered by the MOU, no step increases, merit increases or lump sum performance awards will be provided beginning July 1, 2009 through the expiration of the MOU on June 30, 2010. This will result in an avoidance of an expenditure of $305,865 for the performance award program in FY 2010 for employees covered under this agreement. Calculation of Overtime -The current MOU provides that paid time off for holidays is included in computing the number of hours worked for overtime compensation; however, agreement was reached to eliminate this clause from the MOU such that only hours actually worked on a holiday would be counted when computing overtime. This amendment will mirror the Town's current personnel policy for all other employees. This will result in an annual budget savings estimated at $170,000. Take Home Vehicle Program - In exchange for no step and merit increases or lump sum performance awards through the expiration of the MOU the Town has agreed to amend the take-home vehicle program outlined in the MOU. Currently the MOU provides for sworn personnel residing within the town limits the option to participate in the take-home-vehicle program beginning January 31, 2009. This MOU language represents a reduction in the geographic area covered by the program prior to the adoption of the MOU in May of 2008. The amendment being considered by the Council this evening, amends the MOU language to extend the take-home vehicle program to all sworn employees and Crime Scene Specialists who have established permanent residency within a 20 mile radius the Marana Municipal Complex or the Marana Operations Center. Again, this change is in lieu of any step increases or lump sum performance awards beginning in FY 2010 (July 1, 2009). Based on current staffing levels, 10 additional staff would be eligible for the take-home vehicle program under the revised MOU language. In addition, employees who participate in the take-home vehicle program and whose Regular Council Meeting -March 17, 2009 -Page 27 of 47 permanent residency falls outside the Town limits shall be assessed a fuel increase surcharge whenever the town's average cost of fuel reaches $3.00 per gallon or more in any given month. Employees whose permanent residency falls outside the Town limits and who are not serving in an on-call assignment may choose not to participate in the take-home vehicle program in lieu of paying a fuel increase surcharge. The effective date of the take-home vehicle program amendment will be July I, 2009 through the expiration. of the MOU. In the interim time period, upon adoption of this amendment and prior to the suspension of performance-based pay increases, the current policy will remain. in place. The current policy provides that all. sworn employees covered under the MOU who have established permanent residency within. a 20 mile radius of the Marano Municipal Complex will be eligible for atake-home vehicle with no fuel increase surcharge. If at any tithe the Town is in a financial position to restore performance-based increases, the Town will restore the originally negotiated vehicle take-home program which requires eligible employees to establish permanent residency within the Town limits. Finally, when the Town is in a financial position to restore performance-based pay increases, the Town shall conduct a compensation survey on the Crime Scene Specialist classification to determine the appropriate pay range for that classification. If any increase in compensation is warranted, the increase will be effective on the date increases are restored. Financial Impact: Step, Merit and Lump sum bonus costs for FY 2010 would have required an additional expenditure of $305,865. The change in overtime calculation represents a savings of ongoing budget of approximately $170,000. Based on current staffing, the change in the take-home vehicle program would increase eligible participants by 10. Fleet Services staff have estimated an annual benefit of the vehicle program at $8,352 per person (includes fuel, maintenance and replacement costs). The estimated cost to implement these amendments to the take-home vehicle program. totals $83,252 in ongoing costs which is offset by the $170,000 savings in overtime, for a net savings in ongoing budget of $86,480. This amount does not include the additional performance pay costs that would have been added to the FY 2010 budget in the amount of $305,865. ATTACHMENTS: Name; Description: Type. ^ Reso_Amendment Two_t_a MPOA_MOU (00013593),DOC Resolution Resolution ^ Amendment Two tq MPOA MOU in PDF_(00013596) PDF Amendment Two Exhibit Staff Recommendation: Staff recommends approval. of the amendment and adoption of the attached resolution. Suggested Motion: I move to approve Resolution No. 2009-32, approving amendment two to the July 1, 2008 -June 30, 2010 meet and confer memorandum of understanding between the Town of Marano and the Marano Police Officers' Association. Regular Council Meeting -March 17, 2009 -Page 28 of 47 MARANA RESOLUTION N0.2009-32 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND THE MARANA POLICE OFFICERS' ASSOCIATION; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana has a fundamental interest in maintaining a harmonious and cooperative relationship between the Town anal its public safety employees; and WHEREAS the Town and the Marana Police Officers' Association, through their representatives, met and conferred in good faith pursuant to the meet and confer process outlined in Section 4-1-8 of the Marana Town Code in order to reach agreement concerning wages, hours, and working conditions of employment in the bargaining unit; and WHEREAS the parties reached agreement on a memorandum of understanding (MOU); and WHEREAS the Town Council accepted the memorandum. of understanding, pursuant to Section 4-1-8(F)(5) of the Marana Town Code, by Resolution 2008-78 on June 3, 2008; and WHEREAS Section 9-3(D) of the memorandum of understanding provides that it may be opened at any time for amendments by mutual consent of the parties; and WHEREAS the Town and the Marana Police Officers' Association desire to amend the MOU with regard to performance-based step pay plan increases, calculation of overtime and take home vehicles. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby accepts the amendment to the memorandum of understanding between the Town of Marana and the Marana Police Officers' Association attached to and incorporated by reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the terms and conditions of the amendment to the memorandum of understanding. Regul~r~C~~gtar~gzb~a~rc~h 17, 2009 -Page 29 of 47 SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of March, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~tl~nat1~00~93i@h 17, 2009 -Page 30 of 47 -2- AMENDMENT TWO TO THE JULY 1, 2008 -JUNE 30, 2010 MEET AND CONFER MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND THE MARANA POLICE OFFICERS' ASSOCIATION This Amendment is entered into by and between the Town of Marana ("Town") and the Marana Police Officers' Association ("MPOA"). Town and MPOA are sometimes referred to collectively as the Parties, either of which is sometimes individually referred to as a Party. RECITALS A. The Parties, through their representatives, met and conferred in good faith pursuant to the meet and confer process outlined in Section 4-1-8 of the Marana Town Code in order to reach agreement concerning wages, hours and working conditions of employment in the bargaining unit and reached agreement on a memorandum of understanding ("MOU"). B. The Town Council accepted the memorandum of understanding, pursuant to Section 4-1-8(F)(5) of the Marana Town Code, by Resolution No. 2008-78 on June 3, 2008. C. Pursuant to Section 9-3(A) of MOU, the MOU is to remain in full force and effect, following adoption and approval by the Mayor and Council, beginning with the 1st pay period in July, 2008 through June 30, 2010. D. Pursuant to Section 9-3(D) of the MOU, the MOU may be opened at any time for amendments by mutual consent of the Parties. E. The Town Council accepted amendment one to the MOU pursuant to Section 9-3(D), by Resolution No. 2008-130 on October 14, 2008. F. The Parties desire to open the MOU and amend provisions related to performance-based step pay plan increases, calculation of overtime and take home vehicles. AGREEMENT Now, therefore, based on the foregoing recitals which are incorporated here by reference, the Parties agree as follows: 1. Article 6: Wages and Benefits; Section 6-1: Wages. Section 6-1 of the MOU shall be amended as follows, with deletions shown with st~es~tts and additions shown with double underlininE: A. The Association and the Town will work together to find a fair and reasonable pay scale for all employees, to be incorporated into this MOU. Regular Co~IlAti~~(yl~~ch 17, 2009 -Page 31 of 47 B. Step Pay Plan 1. Sworn personnel and dispatchers covered under this MOU shall be placed on an eight step pay plan that will start from the date of hire. 2. Sergeants shall be placed on a four-step pay plan from the date of promotion from officer. 3. For the purposes of this step plan, the employee's anniversary date shall be the date of the most recent personnel action involving a hire, promotion or demotion. An anniversary date shall not change for a lateral transfer or special assignment. 4. Sworn personnel and dispatchers (after FY 2009) shall be eligible to move to the next higher step on the employee's anniversary date based on an evaluation of job performance using the Town's .performance management system except that no step increases shall be provided beginning Jul 1.2009 throuah the expiration of this MOU. 5. Sworn personnel and dispatchers (after FY 2009) at the top step shall be eligible fora 5% lump sum bonus on the employee's anniversary date based on an evaluation of job performance using the Town's performance management system except that no lump sum bonuses shall be provided be inning Julv 1.2009 throuah the expiration of this MOU. 6. Dispatchers converting to the eight-step pay plan in FY 2009 shall be eligible for placement on a step that provides not less than a 5% annual increase on the employee's anniversary date based on an evaluation of job performance using the Town's performance management system. Where the step placement results in less than a 5% annual increase, the dispatcher shall receive a lump sum amount for the difference on the employee's anniversary date. During the .initial conversion to the step system in FY 2008-2009, dispatchers who are scheduled to be placed on Step 8 (the top step of the pay plan) and who will receive less than a 5% addition to their base pay as a result of that placement shall be eligible to move to Step 8 effective September 13, 2008, provided that the dispatcher has a satisfactory job performance rating. A satisfactory job performance rating is defined as any rating above the "Does Not Meet" category contained in the Town's Performance Management system. The balance of the merit increase afforded to dispatchers who are placed on Step 8 on September 13, 2008 shall be awarded in the form of a lump sum amount on the dispatcher's anniversary date in accordance. with the provisions contained in this article, provided that the dispatcher maintains a performance rating above the "Does Not Meet" category between September 8, 2008 and the dispatcher's anniversary date. Regular Co~IlAti~~M~~ch 17, 2009 -Page 32 of 47 2 7. Attachment "A" to this MOU incorporates the step pay plan for sworn personnel and dispatchers covered by this MOU. This step pay plan shall be in place for the duration of this MOU unless modified as provided in Section 6-9 of this MOU. C. Open Range Pay Plan 1. Non-sworn employees covered under this MOU, excluding dispatchers, shall be placed on an open-range pay plan. 2. Attachment "B" to this MOU incorporates the open range pay plan for non- sworn personnel, excluding dispatchers, covered by this MOU. 3. Pay increases shall be based on an evaluation of job performance during the month of July using the Town's performance management system} throuah the expiration of this MOU. 4. For fiscal year 2009, non-sworn personnel, excluding dispatchers, may be eligible for a wage increase of up to 5% effective the first full pay period in September, 2008 based upon an evaluation of job pertormance e that no av increases shall be provided beginning Julv 1.2009 throuah th expiration of this MOU. °~~~eae~ f-~~e~F ~ fi°^°' ~~ea~ +~~~ h~i ~'. AArll I /CV ~ ~I,~I ~~~~rrr~ir~c~r! VTITTC'CI-~ 5. The Town and the Association agree that when the Town is in a financial position to restore pertormance-based pav increases. the Town shall conduct a compensation survey on the crime scene specialist classification to determine the appropriate pay range for that classification. The survey will be based on the labor market for classification and compensation comparisons approved by the Town Council on February 19. 2008 by Resolution No. 2008-31. If any increase in ompensation for individual crime scene specialist employees i warranted as a result of this survey. such increase shall be effective upon the date that pertormance-based pay increases are restored. 2. Article 6; Wages and Benefits; Section 6-4: Overtime. Section 6-4 of the; MOU shall be amended as follows, with deletions shown with s~l~ee~s and additions shown with double underlining: A. For the purposes of this MOU, overtime shall be defined as all hours worked in excess of 40 hours in the seven-day work period defined by Town policy. R~ n~ ~w+her of hr,~ ~r~ uinrl~cr~ for overtime nmm~cn~~~inn Regular Co~IlAti~~M~~ch 17, 2009 -Page 33 of 47 B. Overtime may be authorized and required by the Chief when it is in the best interest of the Town. Overtime shall be authorized in advance by the Chief, unless emergency situations preclude advance-authorization. C. Overtime compensation for employees shall be computed in accordance with the Fair Labor Standards Act. If overtime is to be paid, it must be recorded and paid, at one and one-half times the regular rate of pay, on the next regular pay day following the conclusion of the pay period in which the overtime was worked. If overtime is to be applied to compensatory time, it must be recorded at one and one-half times the number of hours worked. D. The decision to be paid overtime in cash or to record it as compensatory time shall be at the discretion of the employee. E. Compensatory time shall not accrue beyond 80 hours maximum. F. Accumulated compensatory time shall be paid: When the accrued compensatory time exceeds the maximum. Payment will be for that amount which exceeds the maximum 2. Upon separation for any reason, including death of the employee. 3. When an employee transfers or promotes to a position not eligible for G. A request for use of compensatory time shall be made in the same manner that a request for vacation leave is made. 3. Article 7: Hours of Work/Workin~ Conditions; Section 7-7: Take Home Vehicles. Section 7-7 of the MOU shall be amended as follows, with deletions shown with °*^~~~ and additions shown with double underlining: A. The Town and the Association agree that the visible presence of the Department in the community contributes to the public's perception of safety. In addition, swe~~ employees serving in certain "on-call" assignments must be available to respond to call-outs quickly and with the proper equipment. In recognition of these goals and in consideration of the suspension of performance-based oav increases from July 1.2009 throuah the expiration of thi MOU. the Town and the Association agree to the following Take Home Vehicle Program for sworn personnel and crime scene specialists covered under this MOU. 1. All sworn employees and crime scene specialists covered under this MOU who have established permanent residency within a 20 mile radius from either the Marana Municipal Complex or the Marana Operations Center, as defined by the Chief shall be eligible for stake-home ~^~~^' ~~°"~^'° marked or unmarked vehicle, depending upon their assignment. Regular Co~IlAti~~M~~ch 17, 2009 -Page 34 of 47 4 2. When officially scheduled on an on-call status, the following on-call positions shall be eligible for stake-home fie' ~r-.~",;~ marked or unmarked vehicle, depending upon their assignment: Detectives, .Accident Reconstructionists, SWAT, PIO, Crime Scene Specialists and K-9 units. 3. The Chief shall establish the procedures for the Take Home Vehicle Program. 4. Emolovees who participate in the take-home vehicle oroaram and whose ermanent residency falls outside the Town limits shall be assessed a fuel monthly fuel cost reoort. The fuel increase surcharae shall be assessed via oavroll deduction at $20.00 oer oav period. beainnina with the first pay period followina the Town's receipt of a monthly fuel cost report indicatina an averaae fuel cost of $3.00 per aallon or more. The surcharae shall fuel cost report. The surcharae shall be discontinued for the qav period immediately followina the Town's receipt of a monthly fuel cost report indicatina an averaae fuel cost below $3.00 per aallon. This same __----- -~_n L. :.v ._I_.v _._i_J __.L _._J -..-.-. L:.Y_ LL_ T-....-f~ ~. .~.-~-.~ Emolovees who oarticioate in the take-home vehicle orogram and whose ermanent residency falls outside the Town limits shall sign a payroll deduction authorization form, authorizing the Town to assess the fuel incr ase surcharae. as described in this oaraaraoh. T"° T^~~~^ °^^' +"° ~~ f~° _'~,~~r~r^nrarv~ ~~iill h° r~h~~~ in n~i°r ~ ~(1_rl~~i l~a~en--agf~T pT°sr ~rrvrcr ^-~,w-~ucrT n i rv~°r1~p~,1,f~Gll^~~i~~~L ^r~+i^n ^f ~~--r~vi nvP-G~tl~l'~'~ Y .mil r~r~rtc~cr ".l ." s 5. Employees whose permanent residency falls outside the Town limits and who are not serving in an on-call assianment as desianated by the Chief av choose not to oarticioate in the take-home vehicle oroaram at their discretion. 6. Emalovees who establish permanent residency within the Town limits and who participate in the take-home vehicle groaram shall not be assessed a fuel increase surcharae. 7. Emalovees who are serving in an on-call assianment and who are assigned a take-home vehicle as desianated by the Chief shall not be assessed a fuel increase surcharae. 8. The Take Home Vehicle Program as described in this subsection A. aaraaraohs 1 through 7. shall be effective beainnina Julv 1. 2009 through Regular Co~IlAti~~M~~ch 17, 2009 -Page 35 of 47 the ex iration of this MOU. In the interim time period. upon adoption of this amendment and prior to the suspension of performance-based pav incre ses beginning July 1. 2009. the Town and the Association agree that all sworn emplovees covered under this MOU who have established ermanent residencv within a 20 mile radius of the Marana Municipal Com lex as defined by the Chief shall be eligible for stake-home marked r unmarked vehicle. depending upon their assignment. The Town and the Association further agree that no fuel increase surcharges will be assessed during this interim time period. B. If at anv time the Town is in a financial position to restore performance-based increases. the Town and the Association agree to the following Take Home Vehicle Program for personnel covered under this MOU. 1. All sworn employees covered under this MOU who have established ermanent residencv within the Town limits of the Town of Marana as defined b the Chief shall be eligible for stake-home marked or unmarked vehicle. depending upon their assignment. 2. When officially scheduled in an on-call status. the following on-call positions shall be eligible for stake-home marked or unmarked vehicle. de ending upon .their assignment: Detectives. Accident Reconstructionists, SWAT. PIO. Crime Scene Specialists and K-9 units. 3. Crime Scene Specialists who are serving as a back-up to the on-call Crime Scene Specialist may also be eligible for stake-home marked or unmarked vehicle as designated by the Chief. 4. The Chief shall establish the procedures for the Take Home Vehicle Program. 5. The T wn and the Association agree that the Take Home Vehicle Program as described in this subsection B. paragraphs 1 through 4 will be phased in over the 90-day period immediately following the restoration of erformance-based pay increases. 4. Effect of Amendments. Except as specifically modified by this Amendment, the terms of the original MOU shall remain in full force and effect. Regular Co~II~A~ti~~lyl~~ch 17, 2009 -Page 36 of 47 5. Effective Date. This Amendment is effective upon acceptance by the Town Council. IN WITNESS WHEREOF, the authorized representatives of the parties have affixed their signatures below. TOWN OF MARANA MARANA POLICE OFFICERS' ASSOCIATION Gilbert Davidson, Town Manager Jason Cann, President Dated: Dated: Accepted by: MARANA TOWN COUNCIL Mayor Ed Honea Dated: ATTEST: Jocelyn Bronson, Town clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Colir~e4t~C~l~~ch 17, 2009 -Page 37 of 47 7 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM To: Mayor and Council From: Steve Huffman ,Intergovernmental Affairs Administrator Item D 1 Subject: 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: Name: Description: Type: Ci Bulletin #8.pdf Bulletin 8 Backup Material D HB2267 Whte._Paperv3~df Bulletin 8 Reference Material Backup Material ^ B. u.lletn_#9.pdf Bulletin 9 Backup Material Staff Recommendation: 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 -March 17, 2009.- Page 38 of 47 League of Arizona Bulletin Issue 8 -February 27, 2009 IN THIS ISSUE DPS Crime Lab .......................... 1 House Bill Bans Fire Sprinklers In Residential Houses .................... 1 Impact Fee Bill To Move Forwazd Partially Amended ..................... 2 Solaz Fees Bill Advances ........... 2 Federal Economic Stimulus ....... 2 The Week Ahead ....................... Z Weekly Spotlight ....................... 3 Legislative Bulletin is published by the League of Arizona Cities and Tovcros. Forwazd your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague. org Internet: www.azleague.org If you would like be added to our bulletin e-mail list please forward your e-mail request to: csmith-humphrey@azl eague. org DPS CRIME LAB Next Monday, March 2, the Senate Judiciary Committee will hear testimony in an informational hearing on the issue of the Department of Public Safety (DPS) and their crime laboratory. The specific issue to cities and towns is having DPS charge municipalities for the use ofthe crime lab services. Since the crime lab's inception, there have been no charges to local governments for these services until last year. Mississippi is the only other state that charges local government for use of the state crime lab. The FY 2008-09 budget gave DPS and other state agencies the authority to increase fees. That budget also cut almost $8 million from DPS and this reduction came from the crime lab prompting DPS to bill cities and towns for lab services based on their usage patterns from previous years. The League and many of its members felt that this was problematic in a few areas. First, DPS had never charged local governments before, so the League thought this was a new fee. Second, all city and town budgets were already set before this provision came into being, and therefore municipalities had not budgeted for it. Finally, many crimes cross multiple jurisdictions and are therefore of statewide concern. For the FY 2009-10 budget, we have been told that DPS may receive an additional cut to the crime lab of approximately $10.5 million. In the upcoming Senate Judiciary Committee meeting, members of local law enforcement and prosecutor offices will testify on how this issue affects the public safety of their communities. The League will be in attendance and will report back to you the results of that meeting. Here is a link to that agenda: http://www.azle~. ~ov/FormatDocument.asp?inDoc=/agendas/0302010687%2Edoc% 2Ehtm HOUSE BILL BANS FIRE SPRINKLERS IN RESIDENTIAL HOUSES House Bi112267, sponsored by Representative Sam Crump (R- Phoenix), prohibits any city building code or ordinance adopted after January 1St, 2009 from requiring fire sprinklers in single family or duplex homes. This bill is the Homebuilders Association's reaction to the International Code Council's (ICC) model code, which suggests fire sprinklers should be required in all new residential construction after January 1, 2011. While some cities and towns currently require sprinklers in all residential housing-and have for nearly 30 years-most other cities only require sprinklers under certain limited conditions. Many cities and towns typically amend the model ICC codes prior to adoption in order to reflect their own local preferences and conditions. The League strongly opposes this bill, as do many other stakeholders. A fact sheet is attached to this Bulletin for your use- please contact o~presentatives and ask that they oppose this affront to public safety and local control. Fire sprinklers are proven to save lives and greatly reduce property damage, and should remain one tool of many in our public 51R~gti~t6sllao~leeting -March 17, 2009 -Page 39 of 47 February 27, 2009 IMPACT FEE BILL TO MOVE FORWARD PARTIALLY AMENDED The League and our negotiating team met with the development community on Wednesday to discuss House Bi112259, which is identical to the impact fees bill that Governor Napolitano vetoed last session. The sponsor, Representative Andy Biggs (R- Gilbert), initiated the meeting to give cities and towns a chance to address their concerns with the bill. We discussed many issues related to the bill, particularly the grandfathering and offset provisions. While we were unable to make any headway on grandfathering, the developers and Representative Biggs gave us a tentative agreement to amend the offset provisions to our satisfaction. The development community brought up several other items they'd like to see included in the bill, including limits on what specific items impact fees can be charged for, requiring refunds if infrastructure is not built in a certain time frame, defining level of service, and identifying how the city will pay the operating and maintenance costs ofthe capital facilities. Upon hearing the complexity of these issues, Representative Biggs indicated that his preference was for the bill to move forward as it is written, but he reserved the option to further amend the bill. At this time, there are no further meetings scheduled with the development community on this bill. The League appreciates Representative Biggs' leadership on this issue and will continue to work with him to have the offset provision amended with our suggested language. If you have any questions about this bill, please contact Cheyenne Walsh at the League. SOLAR FEES BILL ADVANCES A bill that caps the permit fees cities, towns and counties can charge for the installation of photovoltaic solar panels and solar hot water heaters advanced through the House Water and Energy Committee on Thursday, but not before the adoption of an amendment requested by the League and the County Supervisors Association. House Bill 2329, sponsored by Representative Tom Boone (R-Peoria), was drafted to help incentivize the installation of renewable energy technology in Arizona homes by capping the permit fees for those systems at $100 to $300, depending on the system. Some cities felt the amount was artificially low given that certain solar panel systems are very complex and may require a structural plan review and multiple site inspections. After listening to our concerns, Rep. Boone agreed and amended the bill to give local governments flexibility to increase permit fees beyond the cap in cases where additional staff time will be needed to ensure the safety of the systems installed. The bill still needs to clear the House Government Committee before advancing to the floor. Regular Council Meeting -March 17, 2009 -Page 40 of 47 FEDERAL ECONOMIC STIMULUS There is still no official word on when the state or cities will see the first checks arrive as a result of the passage of the federal economic stimulus legislation (the American Recovery and Reinvestment Act) which was signed into law on February 17`x. Cities and towns are still urged to send all your project lists to Jim Apperson in the Governor's Office of Strategic Planning and budgeting (japperson(aaz.gov). Additionally, if your city or town has water or wastewater infrastructure prof ects, you need to reserve your place in line by filling out one of the online applications available at the WIFA website: httu://www.azwifa.gov/?paseid=recover. Also, if your city or town is one that receives HUD money directly from the federal governrent through an existing formula distribution, you can see what's coming to Arizona by visiting this website: http://www.hud.gov/recover. Click on the "Funding Allocations by State" links near the bottom of the page for specific fund information. Transportation projects will be going through ADOT and your local COG distribution formulas. THE WEEK AHEAD A couple of bills will be heard in House committees next week that the League and many cities will be very opposed to in their current forms. If you get a chance, drop a note or a call to your representative and let them know these bills are highly problematic. House Bill 2615 -government transparency; political subdivisions - sponsored by Representative Steve Montenegro (R-Litchfield Park) requires ALL local governments to develop a searchable website database containing every financial transaction by January 1, 2011. The Legislature already passed a similar bill for state government agencies last year. The bill will be heard in the House Government Committee next Tuesday. House Bill 2372 - currently a tax credit bill; a strike-everything amendment will be offered on the bill in the House Ways & Means Committee on Monday afternoon that will make several troublesome changes to the current statutes regarding county island fire districts. In particular, the amendment would no longer require county island fire districts to indemnify the city fire departments that respond in the county island; it repeals the cities' ability to inspect a county island area before entering into an IGA to respond; and repeals the limited liability of the responding city to be sued only for gross negligence. We'll be strongly opposed until some major changes and concessions are made. February 27, 2009 The Weeklv Spotlight - Representative Daniel Patterson This week we focus on Representative Daniel Patterson. (D -Tucson). He is from south downtown Tucson, where his family generates solar power and grows food. He's worked with many Arizona legislators including Governor Janet Napolitano, US Representatives Raul Grijalva and Gabrielle Giffords, as well as Republicans, Independents and Greens. As a former Tucson Planning Commissioner, Center for Progressive Leadership Arizona Political Leaders Fellow, Board Member of the Pima County Board of Adjustment, and Santa Rita Park Neighborhood President, Mr. Patterson has demonstrated government and community leadership. An Ecologist with strong environmental, water and energy knowledge and planning skills, he seeks to help the quality of life in Tucson's scenic, fragile and growing south and southeast areas (District 29) and across Arizona. His priorities include improving the economy, education, health care, jobs, public safety, human and civil rights, water, transportation, energy and the environment. Representative Patterson's district includes all of Davis-Monthan Air Force Base. Representative Patterson is the Southwest Director of Public Employees for Environmental Responsibility, a national conservation service organization. He formerly worked with the US Department of the Interior Bureau of Land Management, and later directed a major desert wildlife and natural resources program. He also has business experience, having helped his family run a successful automotive company. He also ran his own consulting business. Mr. Patterson is a graduate of Michigan State University's College of Agriculture and Natural Resources. He is married and has a daughter. His legislative assignments include being a member of both the Military Affairs and Public Safety and Water and Energy Committees. What prompted you to run for the legislature? My commitment to the common good and my optimism for Arizona's future over the long haul. What's yourproudest legislative achievement? For new members, what do you hope to accomplish? Economic justice and improved quality of life for all Arizonans. Helpping people, solvin problems and Regular Council Meeting - Marcli 17, 2009 - P~ge 41 of 47 building bridges for positive change in the legislature. How can the stategovernment and local governments be better partners? The State should better respect and support local control, and not just when it agrees with the locals. State leaders must pursue holistic tax reform so state and local governments are not so dependent on the volatile and regressive sales tax. The state should also refrain whenever possible from trying to pass costs down to the local level. What kinds of things do you do to relax favorite music, books, etc? Enjoying the simple good life in my working class neighborhood with my wife, daughter, neighbors and friends. Riding my bicycle and hiking, camping and hunting in the Sky Islands and Arizona's scenic and fragile wild places. Thank you for your time. Thank you. February 27, 2009 VOTE " I~Q" t~N I~~~f? (MUNICIPALITIES; COUNTIES; FIRE SPRINKLERS; CODES) WHAT HB2267 DOES As amended by the House Government committee, HB2267 prohibits municipalities and counties from adopting ordinances that require new construction residential fire sprinklers in single- and two-family dwellings and exempts any ordinance that requires the installation of fire sprinklers adopted before December 31, 2008. BACKGROUND The International Code Council (ICC), is an organization that develops the model building and fire safety regulations adopted by 48 states and thousands of municipalities. The 2009 version of their International Residential Code (IRC) calls for fire sprinklers in new single- and two-family dwellings effective January 1, 2011. In Arizona, the cities of Scottsdale and Cottonwood and the towns of Fountain Hills and Cave Creek already have ordinances that require fire sprinklers in all new residential construction. REASONS TO VOTE AGAINST HB2267 Fire sprinklers save lives and prevent horrendous injuries. A study of the 598 home fires during the Scottsdale sprinkler ordinance's first 15-years showed 0 deaths in the 49 home fires with sprinklers versus 13 deaths in the 549 homes fire without sprinklers. Fire sprinklers reduce the cost of fire damage. The same Scottsdale study showed the average loss in a home with sprinklers was $2,166 versus $45,019 in a home without sprinklers. This significant difference is why insurance carriers typically offer a discount on insurance for homes with fire sprinklers. Fire sprinklers reduce the safety risks to firefighters and other first responders, as demonstrated by the overwhelming opposition of fire service groups to the legislation. Prohibiting fire sprinkler ordinances denies local control by residents and municipal officials to make decisions that best reflect-local needs. DISPELLING THE MYTHS of HB2267 MYTH 1: The IRC's adoption of fire sprinklers will mandate fire sprinklers in all municipalities. NO. The IRC is a consensus model code and state and municipalities only adopt the code provisions that fit their needs. MYTH 2: The cost of sprinklers affects the sale of new homes. NO. A study done by the Fire Protection Research Foundation found the average cost of sprinklers to be $1.67 a square foot. In markets where sprinklers are required, like Scottsdale, costs come down due to competition and economies of scale. Rural areas may see higher costs, but increased cost should be weighted against the safety impacts of increased response times by rural fire departments. Also, as the recent housing bubble showed, the price of a home depends more on the strength of the local housing market and the supply and demand of homes and less on the construction costs. MYTH 3: During a fire, all sprinklers are activated. NO. Only the sprinkler(s) that are in close proximity to the fire are activated. In Scottsdale, 92% of fires are controlled by one or two sprinklers. STAKEHOLDERS AGAINST HB2267 (as of 2.24.09) Arizona Fire Chiefs' Association, Arizona Fire District Association, Arizona Urban Fire District Association, Arizona Fire Marshal's Association, Arizona Building Officials, National Fire Protection Association, National Fire Sprinkler Association, Tyco Fire Suppression and Building Products, The League of Arizona Cities and Towns, Foundation for Burns and Trauma, Phoenix Society for Burn Survivors, Common Voices, and numerous cities, towns, and fire For more information, contact Ryan Harper or other members of the Triadvocates team at 602-229-5500. Regular Council Meeting -March 17, 2009 -Page 42 of 47 Bulletin Issue 9 -March 6, 2009 IN THIS ISSUE Legislative Activity ................... 1 Governor Brewer's Budget statement ................................... I Federal Economic Stimulus Update ........................................ 2 An Impact Fee Moratorium? ..... 2 Government Transaction Transparency .............................. 3 DPS Crime Lab .......................... 3 Renewable Energy Bill Advances .................................... 3 Charter Schools and Zoning ...... 4 Fingerprints ................................ 4 Weekly Spotlight ....................... 4 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague. org Internet: www.azleague.org If you would like to have a staff member added to our bulletin a-mail list please forwazd your a-mail request to: csmith-humphrey@azleague. org LEGISLATIVE ACTIVITY With a few exceptions, this was the last week that House Committees heard bills, with some lengthy agendas and a number of committee meetings exceeding the three hour mark. The Senate continued to hear presentations from state agencies focusing on the FY 2009-10 budget, along with federal stimulus updates. Governor Jan Brewer addressed a joint chamber meeting on Wednesday to outline her proposals for dealing with the budget problems the state faces. The 49`~ Legislature is in its 53rd day of session, with no bills passing out of either chamber. GOVERNOR BREWER'S BUDGET STATEMENT On Wednesday afternoon, Governor Jan Brewer addressed a special joint session of the legislature on the current economic situation. Gov. Brewer explained the future of the state's budget by stating, "At our current rate of spending, by 2014 the State of Arizona would have an accumulated budget deficit of $13 billion." Most notably, she also outlined afive-point plan intended to solve the state's economic problems. The five-point plan included: • Temporarily raising taxes to generate $1 billion in revenue; the proposal can either be sent to the voters or passed by the legislature with a 2/3 vote; • Amending the Prop 105 Voter Protection Act of 1998 to allow more budgetary flexibility; • Cutting more than $1 billion from the FY ` 10 budget; • Allowing more money to be stored into the rainy day fund and limiting uses of it; • Reform the state tax structure, resulting in tax cuts by 2012. Gov. Brewer said she is willing to work with the legislature to solve these economic problems using amulti-year approach rather than focusing only on the 2010 budget. She ended her speech by calling for a bi-partisan effort to solve current and future problems of the state, and expressed hope that Arizona will come out this situation with a positive result. Here is a link to her plan: http://azgovernor.gov/dms/upload/NR 030409_Address49thLegislature.~df Regular Council Meeting -March 17, 2009 -Page 43 of 47 March 6, 2009 FEDERAL ECONOMIC STIMULUS UPDATE This week the League issued a City and Town Funding Book summarizing the various funds available as aresult of the passage of the American Recovery and Reinvestment Act of 2009 (Economic Stimulus Bill), how much is expected to be distributed in Arizona and how cities and towns can find information about receiving some of the funds. The publication is available in a PDF format on the League website at: http://www.azleaaue•or~/pdf/stimulus ct funding bo ok.pdf. Since new information is coming out almost daily, the publication is being frequently updated with updates highlighted in yellow. For example, within the last 24 hours the Federal Bureau of Justice Assistance, a division ofthe U.S. Department of Justice, released a list of the local governments in Oregon that will be receiving Byrne/JAG funds through the already adopted formula distribution system. Information on that program is listed on page 24 of the League's funding book, or you can see a list of Arizona cities and towns at this website: http://www. ojp.usdoi . eovBJA/recoveryJAG/reci as/A Z.xls. New information is also available on the Energy Efficiency and Conservation Block Grant Program starting on page 36. If you have water or wastewater projects you want to register for possible grant funds, the deadline is today - Friday, March 6 - to file a Project Priority List (PPL) Application with Water Infrastructure Finance Authority of Arizona (WIFA). You can find information about those programs on pages 32-33 of the League's funding book; links to the PPL Applications are found on this Website: http://www.azwifa. eov/?~ageid=recoveryact. Jim Apperson in the Governor's Office of Strategic Planning and Budgeting (OSPB) is the designated Arizona state government contact for most other grant funds. If you have shovel-ready projects in your city or town, he requests that you send him information about them. His a-mail address is JappersonCaz.gov. AN IMPACT FEE MORATORIUM? Rumors~~of a statewaide, multi-year suspension, rollback ~eg QaaC"ounceet~ngd~VlaecR~~~~)~~age ~e4 0~ ~ p~ of the budget and/or an "economic stimulus plan" have been circulating since early January. However, a recent proposal from the Senate Majority caucus, along with statements from individual members, indicates that this is a bit too close to reality for comfort. A Senate press release from March 2 states: The Senate economic recovery plan addresses four key areas of proven economic success that will: 1. Reduce regulatory burden 2. Assure a stable tax structure 3. Prevent arbitrary fees to employers 4. Removegovernmentfromdirect.competition with private employers The plan was revealed to the press on Monday, March 2, by Senate Majority Whip Pam Gorman (R- Phoenix), who described the third provision as "preventing `arbitrary' fee increase on the part of the state's political subdivisions." She further indicated that "she and other leaders have heard rumors that counties and cities are planning to impose additional fees on businesses...We are going to assure businesses in this state and businesses considering coming to this state that the state is not going to allow that" (Arizona Legislative Report, "News Notes," March 2, 2009). One of the legislative members who heard about this plan prior to its unveiling, Senator Jonathan Paton (R- Tucson), indicated that he "could name only one component of the plan -the part about the impact fees" (Arizona Legislative Report, "News Notes," March 3, 2009). A moratorium on development impact fees is not an economic stimulus; instead it will create the opposite effect by stifling development and jobs: Development fees can only be used to build infrastructure - that's a current requirement of state law. It is widely recognized that building infrastructure creates jobs. Eliminating or suspending impact fees reduces the number of infrastructure projects being funded and is counterproductive to restoring the economy. Infrastructure capacity is a huge component of economic development at the local level. Creating or furthering an infrastructure deficit reduces economic recovery rather than incentivizing it. Furthermore, suspending or eliminating impact fees will further exacerbate the existing housing stock surplus. According to Dr. Elliot Pollack in his January presentation to the Finance Advisory Committee, there is a 12 month supply of NEW March 6, 2009 An Impact Fee Moratorium? (contd.) homes currently on the market, which doesn't even account for the many foreclosures and resale homes. Municipal ability to charge impact fees often helps accelerate development by providing a mechanism to repay developers willing to put in public infrastructure ahead of the city schedule. A moratorium on impact fees will eliminate this tool as well as prevent cities and towns from repaying credits on already built projects. Suspending impact fees does nothing to address the infrastructure need created by new development. Without the fees these costs will have to be paid by the existing residents and businesses. Arizonans are already struggling; increasing taxes on them to subsidize growth does not help the economy! While nothing is in writing, this legislative session is unpredictable and it may very well be too late once it is in writing. If your city or town uses impact fees to keep existing taxpayers from subsidizing new development, please contact your legislators as soon as possible (and frequently thereafter) and ask them to oppose any impact fee moratorium bill or provision. GOVERNMENT TRANSACTION TRANSPARENCY Sponsored by Representative Steve Montenegro (R- Litchfield Park), House Bill 2615, government transparency; political subdivisions, would require all political subdivisions to send all financial transactions to the Arizona Department of Administration (ADOA) for posting on the ADOA website. The League stood in opposition to this bill, citing the overwhelming task of sending copies of checks, ledger entries and any other financial transactions to the state. The proponents ofthe bill cited its purpose as advancing "transparency in government." In committee testimony, the League said cities and towns support transparency but that a massive listing of transactions tells nothing about the quality of work or appropriateness of any particular expenditure. Additionally, many cities and towns already voluntarily post budgets and financial information on their own websites. Residents are also able to call, write or visit city offices to obtain information about specific projects. Although the bill passed 6-3 on March 3, the sponsor and other proponents of the measure assured all present that they would work with the League on crafting Regular Council Meeting -March 17, 2009 -Page 45 of 47 language that is amenable to us. The bill's next stop is -the Rules Committee. DPS CRIME LAB On Monday, March 2, the Senate Judiciary Committee held an informational hearing on the Department of Public Safety (DPS) and its crime laboratory. Representatives from DPS, local law enforcement and prosecution all spoke to the committee ofthe importance of the lab in helping bring criminals to justice. Last year's state budget allowed DPS to charge for its lab services, marking the first time in history that had occurred. The League advised against such a payment system. This year, with the state still in budget crisis, there had been talk of once again charging local governments for the use of the crime lab. Local government people stressed the need for the lab to bestate-funded, as many crimes are multi jurisdictional and that prioritizing submission of cases (because of budget concerns) to DPS thwarts effective prosecution and endangers public safety. Members ofthe committee agreed and spoke oftheir support for state-level funding as opposed to local law enforcement paying for tests. We took this as an encouraging sign and hope this attitude prevails through the budget process. RENEWABLE ENERGY BILL ADVANCES For a number of years, Representative Lucy Mason (R-Prescott) has labored to produce legislation that encourages the use of renewable energy in Arizona. On Thursday, one of her signature bills advanced through the House Water & Energy Committee, which she chairs. House Bill 2337, energy standards; buildings; contracting, contains a number of incentives for builders, contractors, utilities, government agencies and school districts to use alternative energy. For cities, towns and counties, our role in the bill is to help the Department of Commerce Energy Office capture data on the number and nature of any "green" permits that are taken out by builders of homes and commercial developments. "Green" permits are those that utilize the Environmental Protection Agency (EPA) Energy Star Program or the Leadership in Energy and Environmental Design (LEED) Green Building Program or a similar program. Although we were neutral on these provisions in a similar bill last year, the onslaught of fiscal difficulties experienced by all levels of government in Arizona March 6, 2009 Renewable Energy Bill Advances (contd.) made these provisions problematic for a number of cities and towns this year.. Rep. Mason and proponents of the measure heard our concerns and agreed to at least move the start date of this reporting requirement out to 2012. Additionally, we indicated that cities are not in the position now nor will they be in 2012 to inspect buildings for energy efficiency, but we could at least collect the data given to us by the builders and send it to the Department of Commerce. The compromise was agreed to by all. CHARTER SCHOOLS AND ZONING A bill sponsored by Representative Rich Crandall (R- Mesa) that would exempt charter schools from the zoning process moved through the House Education Committee; but with a mandate by the sponsor (who is also Chair of the committee and atwo-time League Legislative Champion) to the proponents of the bill to fix our concerns. The bill, House Bill 2099, charter schools; zoning, passed out of committee on a 5-4-1 vote after Chandler Intergovernmental Relations Director Patrice Kraus articulated the concerns of many cities if charter schools did not submit to the zoning process. Proponents of the bill contend that charter schools are "public schools" under the law and, like traditional public schools, should be exempt from the zoning process. In testimony before the committee, Kraus distinguished charter schools from traditional public schools in a number of examples. The .most striking difference is that charter schools typically retrofit spaces in strip malls, which lead to parking, traffic and public safety concerns that a planning and zoning board should review before granting a certificate of occupancy. These comments were heard loud and clear by the sponsor and the committee. We look forward to resolving this issue with the charter schools and Rep. Crandall. FINGERPRINTS House Bill 2449, mandatory fingerprinting; central state repository, makes several changes to fingerprint procedures for law enforcement and the courts. Representative Jerry Weiers (R-Phoenix) is the sponsor. This bill requires persons arrested for specified offenses to be fingerprinted prior to bein~ released and requires Regular ouncil Meeting -March 17, 2 09 -Page 46 of 47 the arresting authority to forward a report indicating that the person was fingerprinted to all courts involved. It also contains provisions for courts to order fingerprinting and to remand arrestees into custody if they fail to be fmgerprinted. The League participated in many stakeholder meetings on this bill and received input from many cities and towns on the various drafts. Officially, the League took no position. The bill passed House Judiciary on March 5, 2009, 8-0 after passing its initial committee the prior week. It will now go onto Rules. The Weekly Spotlight - Representative Nancy McLain This week we focus on Representative Nancy McLain (R-Bullhead City). A League Champion lastyear, Rep. McLain was first elected to the Ariz. House of Representatives in 2004. She was re-elected in 2006 and 2008 and began serving her third term on January 12, 2009. She and her husband Paul have been married for more than 30 years. They have owned a successful janitorial services company for nearly 25 years. The business, Namac Services, is still in California, with two longtime employees running the day-to-day operations. This allows the McLains to live in Arizona, which they have come to love and regard as home for the rest of their lives. Representative McLain has been active in Republican politics for many years, both in California and continuing after moving to Arizona. In California, she served as president and secretary of the Victor Valley Republican Women, andtreasurer ofthe SanBernardino County Republican Central Committee. Upon her arrival in Arizona, she quickly joined the Colorado River Republican Women and moved up the ranks to become president of that organization, as well as a precinct committeeman and District 2 director of the Mohave County Republican Central Committee. She has also been involved with community activities, serving as chapter chairman for the American Red Cross in Victorville, Calif., and an advisory board member of the Laughlin/Bullhead Salvation Army chapter. Both of the McLains are also directors of the Colorado River Concert Association. Rep. McLain is Chairman of the Banking & Insurance Committee and also serves on Appropriations and Transportation. She has specifically 4 March 6, 2009 requested these three committees in each of her terms and was gratified that leadership recognized her abilities and allowed her to serve on these important committees. What prompted you to run for the legislature? When I moved to Arizona full-time and started to pay attention to what was going on in Phoenix, I realized that the Arizona legislature was making some of the same mistakes, in my opinion, that California had made 15-20 years ago. I hoped that with my small business background, I could have an impact on keeping our state "business friendly," which benefits all of its citizens. .What's your proudest legislative achievement? For new members, what do you hope to accomplish? Keeping funds in the budget for community health centers, which is so important to our rural areas. How can the state government and local governments be better partners? I believe that state government must realize that both it and local governments are working for the same constituents. When we disagree on what's best for those constituents, we have to talk it out. The state cannot simply mandate what it thinks is the best answer, because there are local factors that shouldbe considered. What kinds of things do you do to relax, i. e. what is your favorite music, books, etc? What's "relax?" Seriously, when I'm home in Bullhead City on the weekends I try to schedule a visit or two with friends, just to keep in touch. Before being elected, my husband and I traveled quite a bit, trying to see all of our beautiful country. Thank you for your time. Thank you. Regular Council Meeting -March 17, 2009 -Page 47 of 47 March 6, 2009