HomeMy WebLinkAbout03/17/2009 AMENDED Council Agenda Packet~~
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Amended on 3/16/2009 at 4:11 p. m. -REGULAR COUNCIL, MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, March 17, 2009, at or a$er 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 pag_ers_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 Meetin_ gs
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 80
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online
at ~~~~~~s~~,~~ra.~~a.cotn, 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 «~~~.~trana.c;~m under Town Clerk, Agendas, Minutes and Ordinances.
REGULAR MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue not already
on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to
address the Council must complete a speaker card located outside the Council Chambers and deliver it
to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting
Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism
made by those who have addressed the Council, may ask staff to review the matter, or may ask that the
matter be placed on a future agenda.
PRESENTATIONS
ANNOUNCEMENTS/UPDATES
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
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 80
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) non-profit organization to support the Tour of the
Tucson Mountains Bicycling Event held Apri126, 2009 in the Town of Marana (T
VanHook)
C 4: Resolution No. 200.9-31: 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, March 3, 2009 regular changed
council meeting, and October 10, 2006 special council meeting
COUNCIL ACTION
A 1: Resolution No. 2009-32: _ Relating to Elections; declaring and adopting the results of Added Late
the primary election held on March 10, 2009 (Jocelyn Bronson)
A 2: ,Resolution No. 2009,-33;_Relating to Elections; certifying facts regarding automatic Added Late
recount of the March 10, 2009 Town of Marana primary election to the Pima County
Superior Court, authorizing the filing of a petition in Superior Court; and declaring an
emergency (Cedric Hay)
A 3: ,Resolution No. 2009-34: Relating to the Police Department; approving and Changed
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)
A 4: Resolution No. 2009-35: Relating to Public Works; authorizing the Mayor to execute Added rate
all documents necessary to facilitate the funding of the $1 S, 000, 000 LGIP account with the
State Treasurer's office as required by Paragraph II (2)(k)(i) of the August 1, 2007
Intergovernmental Agreement between the State of Arizona and the Town of Marana for
the I-10 Traffic Interchange at Twin Peaks; and declaring an emergency (Frank Cassidy)
BOARDS, COMMISSIONS AND COMMITTEES
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D L• Le ig dative Issues: Discussion/Direction/Action regarding all pending bills before the
Legislature (Steve Huffman)
EXECUTIVE SESSIONS
E l: 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
Regular Council Meeting -March 17, 2009 -Page 3 of 80
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
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 80
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM
To: Mayor and Council Item C 1
From: Kevin Kish ,Planning Director
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:
Nrt~~tc:
~ Resolution 2009-28 BAC
Appointmentdoc _.
O Proposed BAC candidates
for_appointment.dac
Description:
Resoi€~tion
Proposed Candidates for BAG
'I`~ l~c°
~aesol~~tion
Backs€p Material
Staff Recommendation:
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 80
MARANA RESOLUTION N0.2009-28
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 ofthe Town ofMarana,
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
17th 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 80
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) EI 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 80
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 80
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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 80
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:
Name:
^ PAG JARC Resole#ian
200~.doa
I~esct°il~ti~~##=
J~tR~ ~earaf s=car:ding Resalutio~~r
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Resole#ian
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 80
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 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 11 of 80
~~
~~-~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COL7NCIL CHAMBERS, March 17, 2009, 7:00:00 PM
To: Mayor and Council Item C 3
From: T VanHook ,Community Development Director
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 Apri126, 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 80
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: Descril~tic~n: Type:
O Pe_ri€nete__r_Bicycing
Associat""€on_- Resolution 02- Ro~olut""€o~t
20(39.doc
resolution
Staff Recommendation:
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 Apri126, 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 80
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 finish 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 Apri126, 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 80
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM
_.._
To: Mayor and Council Item C 4
From: Dorothy O'Brien ,Assistant Utilities Director
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 80
ATTACHMENTS:
~Jante= D~;~criptior~: "f`~ }~L.
~ Reso re non-
--
~er capita_progra_n~ ~ nan-p€:r capita prc~grarn Rcsoi~ction
~~~Qas~as>.pac
Staff Recommendation:
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 10, 2009. The Commission recommends moving from the GPCD program to
the non-per capita program.
Suggested Motion:
I move to approve Resolution No. 2009-31.
Regular Council Meeting -March 17, 2009 -Page 16 of 80
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 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 17 of 80
~~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM
To: Mayor and Council Item C 5
From:
Subject: Minutes of the February 24, 2009 special council meeting, March 3, 2009 regular council
meeting, and October 10, 2006 special council meeting
Discussion:
ATTACHMENTS:
Ntzme: Descriptii~t~: Type:
^ 02-24-C19 special_Draft
Minutes.pdf (72-24-2009 spec€al Mcetir~g Minutes Backup Material
^ 03-t`3-09_Draff Mi_nu~es,pdf 03-03-2009 l~ey~~lar Meeting Min~~tes Backup Material
^ study Session 1_(3-10-06.doc 10-10-2000 special Meeting Il~tinutes t3ackup Material
Staff Recommendation:
Suggested Motion:
Regular Council Meeting -March 17, 2009 -Page 18 of 80
~~
~°~^~~~
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, Cotmcil'Member
Roxanne Ziegler, Council Member
SPECTAL MEETING
CALL TO ORDER AND ROLL CALL
All present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMIN`1' OF SILENCE
APPROVAL OF AGENDA
With the removal of item A.2 at tJze regrcest of UPRR, a motion by Council Member
Clanagan, second by Council 11e„tbc~r :1fcGorray. Unanimously approved.
CALL TO THE PU6L1C
PRESI~: N'1 :1~TIONS
P 1: Present~nion: Relating to Engineering; Presentation on status of Tres Rios del Norte
and authorizin~~ ~t~ff to continue coordination with the United States Army Corps of
Engineering, tht C' i ra ~f Tucson, and Pima County Regional Flood Control District on
the Tres Rios del ~~ortc rct~system restoration study
Jennifer ChristelmY~ ^ 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 Apri12010 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 80
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 Study in cooperation
with the Army Corps of Engineers and other local sponsors ~o rnaaplete the study with
C-High as the recommended plan, second by Vice Mayor h"ar. :-1~,f~roved unanimously.
P 2: Presentation: Relating to Economic Development; Presenta~ic~n on the proposed
process and community involvement for the Marana Econonuc Roadmap strategic plan.
Presented by Gilbert Davidson. He discussed tl~c t~ ~~c~ ~~f businesses Council would
want to attract to the community that would add value I~I~~rc is still a lot of work to do to
make Marana a place where businesses want to locale. lle also discussed the types of
target industries and incentives and a collaborative connnunity 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 investments), one seat for a major employer, one seat
for a small business, one seat for the Chamber of Cormnerce, one seat for tourism and
hospitality, two seats from e~luc~~tion, one seat for town staff, and one seat from the
Business & Economic Develupulent Commission. The steering committee would then
present their recommendations for citizen review, commission approval and Council
approval prior to implementation. The technica-1 team is composed of in-house staff from
Utilities, the Aiiport, Planning, I~cchnology Services and the Town Manager's office. He
briefly o~nlined thecurrent status ~u~~l timeframe. He noted a draft letter on the dais that
would be gent out to all steerin;~ c~~minittee members. A draft Plan would be brought
back tc~ Ccmncil. Most of the work ~~~°ill be done in-house for cost-savings. A final
workinb ~1 ra f~t should be ready by t1~e end of summer.
Council M cm I,er Clanagan asked about the steering committee composition, noting that
this might be ti Lcx~d opportunity for TREO to be involved and for the town to reach out
and see what leveloi~ 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 80
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 tees 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 .T~hn~~>n, Dan Jackson, Ann Meaders,
Dorothy O'Brien, Lorraine Steckler from the Utilitic~ ;~~eivisory Commission, and
Roxanne Ziegler as the Council liaison. He covered the ubjectives and timeline and
necessities that required hrin~~in~~ the rate increases to the Council for consideration and
approval. The average bi I I Iin \~1 arana resident, is ~3 less than other residents in the state.
Dorothy O'Brien ad~ires;c~i the need for the rate. increases. She referred to a comparison
of current residenti~rl nn~nthly ~~ arer clear<~e, to Arizona state averages fora 10,000 gallon
use per month. Next shy ~ii~~u~~~~i the many goals of a water rate plan through best
practices, then the rcconunended 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 ral~ . Ms. O'Brien then presented a forecast for the long-term water rate plan
and summcu ircd 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 1Ylember McGorray. Passed
unanimously.
Regular Council Meeting -March 17, 2009 -Page 21 of 80
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 aid to consider its
position and instruct the Town Manager and staff concei7~ing possible ac~nisition of
certain water infrastructure and accounts and ~~ titer rights and/or resources
E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), ciscussion 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 Martina v. Pima CountylPima Counh~ v. ~ iarana (consolidated), Maricopa
County Superior Court No. CV2008-001131, (~) h~~nding legal issues, settlement
discussions and contract negotiations relating to the transition of Marana wastewater
collection and treatment to th ~ Town of Marana
FUTURE AGENDA IT 1~: ~ 1
Discussion by CoenciCl~Icml~cr Post regarding information being brought to Council for
negotiations for projects why n the ~r haven't been ~~etted properly through Planning &
Zoning. Council'~Icmher Clanagannotcd hip concerns about being asked to approve
something at the ~.~m~ time it is being prescllted when there has been no time to review
and consider the info~-~nation 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.
ADJOURNMEN :I'
Motion by Council ~l l c~,aber 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 80
~~l
~•~~~f
,~,~Q~ ~~<_~
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/MOMENT OF SILENCE
APPROVAL OF AGEND i
Motion by Council '~lenrber 1 /rGnr•r•nv, second by Council Member Comerford.
Passed unanrrrurrslp.
CALL TO THE P1~13LIC
Brad DeSpain presented an award to Jim Shiner on behalf of the employees of the
Town of M~n-~ma who held their Employee Appreciation dinner at the Stardance Center
about a year ~~~~<~. Mr. Shiner and his partner, Lex Sears, hosted the employees for the
evening.
Steven Draper, Eag Ir 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 80
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 tl~e 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. ~~'hat the commission
recommended and the Council approved was the impleulentation lur tl~~• coming fiscal
year. The Mayor suggested because no action can be taken on a Call to tlic 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.
ANNOUNCEMENTSII-P>7:~TES
PROCLAMATIONS
MAYOR AND COUN(~11. REPORTS: SUMMARY OF CURRENT EVENTS
Mayor Honea congratulated all who «~orked on the Accenture golf tournament last
week. He noted that there ~n a~ 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 partiri~~ated. H~ 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 80
Upon motion by Council Member McGorray, second by Council Member Post.
Unanimously approved.
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 whet}ler to reconsider Ordinance No. 2009.01
adopted on February 3, 2009, amending Title 1'l of the Marana Town Code to prohibit
the act of leaving a child under tl~c age often unattended in a motor vehicle; adding
chapter 11-8; renumbering cxistiny chapters 11-8 and 11-9
Jane Fairall presented Item A 1 a~7d Mated why this item was on the agenda for
reconsideration. R~~onsideratic~i~ >~ould have the effect of appealing the original
ordinance
Motion to approve Gtr C'~untcil Member Clanagan, second by Council Member Post,
pas,~~ed 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 often 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 80
BOARDS, COMMISSIONS AND COMMITTEES
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: 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 concet7~ing (1) the la«-suit entitled
Town of Marana v. Pima County/Pima County v. Marana (consolidai~ d 1, ~'[aricopa
County Superior Court No. CV2008-001131, (2),pending legal issues, scttiement
discussions and contract negotiations relating tc 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 1 T E I~ i S
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 Honea «~i 11 address this with Council Member
Clanagan, and notedthat this. does not n~;cd to be an agenda item.
ADJOURNMENT
Adjournedat 7:36 p.m. upon moti~~n by Council Member Post, second by Council
Member ~Ic•Gorray. 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 80
MINUTES OF MARANA STUDY SESSION
MARANA MUNICIPAL COMPLEX
OCTOBER 10, 2006
PLACE AND DATE
Marana Municipal Complex, October 10, 2006
A. CALL-TO ORDER AND ROLL CALL
By Mayor Honea at 7:00 p.m.
COUNCIL
Ed Honea Mayor Present
Herb Kai Vice Mayor Present
Bob Allen Council Member PICSCnI
Jim Blake Council Member Present.
Patti Comerford Council Member Present
Tim Escobedo Council Member Present
Carol McGorray Council Member Present
B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE
Led by Mayor Honea.
C. CALL TO THE PUBLIC
Aaron Mackey, reporter with the Daily Star, stated hr ~~,uul~l be replacing Dale Quinn. His
phone number is 618-19?-~ ~~ ith an e-mail address of ai _ ~'a7azstarnet.com.
Vice Mayor Kai stated them ~~~~~uld be a free outdoor concert with the United States Air
Force Band of the West ~~n Saturday, November 4~' at the Town of Marana Municipal
Complex.
D. ITEMS F,OR DISCIJSSIO\
1. Discussion and dirccti~iu concerning proposed Town Code Title 12 (Traffic)
revisions prohibitin;; ~r~rking on public land or in public rights-of--way to display
vehicles or goods for sale, modifying parking restrictions, clarifying penalty
provisions and making other clarifying changes
Frank Cassidy addressed the Council and stated the revision states no parking for
commercial vehicles on residential streets unless conducting business for which they have
been created. This ordinance also eliminates minimum fines. A recreational vehicle
parking restriction increased to 72 hours which is to be enforced independently of any
Homeowners Association rules.
Council Member McGorray referred to page 12-4, number 18 which reads 35 mph and is
currently posted at 40 mph and has been for quite sometime and asked if we could have
that at 40 mph.
Regular Council Meeting -March 17, 2009 -Page 27 of 80
MINUTES OF MARANA STUDY SESSION
MARANA MUNICIPAL COMPLEX
OCTOBER 10, 2006
Mr. Cassidy stated that is not a provision that was changed and that was in the existing
ordinance. What could be done is make additional revisions to the ordinance to bring that
up to date. He stated he would talk to Fernando about that.
Upon Motion by Council Member Comerford, seconded by Council Member Allen, to
direct staff to bring back to Council for adoption the proposed Town Code Title 12 traffic
revisions was unanimously approved.
2. Update on Richmond American Homes Roofing Concerns
Jim DeGrood addressed Council and gave a brief. update regarding roofing
concerns. On August 14t", twenty-one residents of Coiatinental Ranch, Parcel 8, appeared
to express their concerns about the roofing in their community. The group requested
basically three things of the Town. First, the Town assist, if possible, in their resolution
of their roofing issues with Richmond American Homes. Second was to withhold any
further approval of any Richmond American i f~~me projects until such time the matter
was resolved. The third was to review ail~l ~cc i f~ ~~, e could do something to our roof
inspection process so no other communities had to ~ xperence the same tcinds of issues.
Since that time, the staff has met with the home builder. We have also contacted the
State Registrar of Contractors, other building offici.jls ~~~ithin the community, the State,
and also spoken with the Arizona Hou~ebuilders ASSO~Iallutl about the roofing practices
that are currently occurring. During our discuscion with the h~~mebuilder, they expressed
that they would be willing to contact their original roofer acid see if the original roofer
could offer re-roofing at a rate that ~~-as m<~re affordable than some of the estimates that
were coming in withinthe communit~~. That was ~~~ far as they would be willing to go
and they made, it ver~~ clear to us that w~ul ld be the case. The homebuilder did send out a
letter alone w i th a letter i i~om the room n ~~ ~~ompany, Headlee Roofing, expressing a
willingness to look at roofs, but it really fellfar short of what the residents desired. The
Town has ~ur~ e~e~l other jurisdictions within the region and statewide to see what other
commu~utics are ~I;~in~ in terms of roof inspections, particularly for the concrete the
ro~fulg products th~~t are '.installed in that neighborhood. We have come to find that
rcall~ no one is curren~l~ providing this inspection. However, Jack Holden, our building
~~ftici~~.l, looked at ~~ number ~~f the complaints that were being made by the residents and
fou»d there were ele-mcnts missing from what they would expect in a current building
practice compliant installation. There have been some changes in the building practice
since the time the homes roofs were installed on those homes. There were some issues
that would not meet with the practice that was prescribed by the manufacturer. Mr.
Holden met with the Southern Arizona Homebuilders Association, informed them of this
concern, and worked out a time when a new roof inspection could be implemented
without creating a disruption in the flow of work that the contractors are pursuing. At
our intermediate stage of inspection, we are now doing a roof inspection looking
primarily at the underlayment of the roofing, making sure that the flashing is installed
properly. Mr. Holden has reported that even today, many of the roofs, as much as 50
percent, he is failing. We expect that to change because it is pretty well known in the
industry that we are looking at these things. Part of the problem of getting up on the roof
after the tiles are installed is it can potentially damage the concrete roofing tiles that is
up there, so we have implemented a roofing inspection that will occur prior to the the
Regular Council Meeting -March 17, 2009 -Page 28 of 80
MINUTES OF MARANA STUDY SESSION
MARANA MUNICIPAL COMPLEX
OCTOBER 10, 2006
going on. After discussion with the Southern Arizona Homebuilders Association, it was
agreed that this would be the ideal time for this inspection to occur. We are now doing it
consistently on all new homes that are using the concrete roofing systems. We did check
with the Registrar of Contractors and they have no record of complaints for that
neighborhood. However, Registrar informed us they will not. take any complaints for any
housing product that is more than two years old and with these homes being ten to
twelve years old there is not much recourse with the Registrar of Contractors office. At
this point, we think this about as far as we can go with this issue with the homebuilder.
We are not able to prevent or deny Richmond American of the opportunity to continue
to build within the community, but we are certainly looking at the ~aofmg practices of all
the builders now with much greater scrutiny.
Mr. Reuwsaat stated he would suggest that our building inspector share this additional
inspection, the process, and the timing with other government entities in the area
because it is an innovated solution to fixing potential problems. Mr. Reuwsaat stated one
of the expectations was to make sure that this does n~~t happen again in the fuhtre
Mr. DeGrood also mentioned he met with Mr. 1"ut~~mott~: He presented a-petition that he
had been circulating. It has 92 resident names on it that are complaining about the
conditions of their roofs and other conditions within their homes. Mr. DeGrood stated he
would be forwarding that to the R:i~bn~ond American l"ice President in Phoenix that they
had met with. Mr. DeGrood stated he ~~ffered Mr. Yotomoto and all Parcel 8
neighborhood residents is that Mr. Holden i~ prepared to do courtesy roof inspections for
any of the homeowners that are ha~ii~~ their homesre-roofed that they are being done
properly.
Council Member Comerford stated it was mentioned that homeowners were not doing
the maintenance on a file roof' and asked that they list in their warranty information what
the maintenance is so homeowners ~~o~F.ldknow. Council Member Comerford expressed
concorn why .~ rile roof would need }~carly maintenance and a warranty would only last
two nears. Also_ she ~~ anted to e~prvss the fact that their practice is unacceptable.
Council Member ,~ I I cn st ~~ t ~ d that he understood from the meetings that they were
lool:in~~ ~o the To~~~n for being semi-responsible for the conditions because of the
inspecti~_,n~. He asked for clarification on the practices that were in place ten, twelve
years ago with the h~~or workmanship on the roof and how they were installing it and
whether that itv~ as still continuing today.
Mr. DeGrood addressed Council and stated they have observed some problems with the
roof installations recently, mostly having to do with the ridge boards. They are still not
getting covered properly with the underlayment and some problems with not getting
appropriate flashing in some of the more complex areas of the roof systems.
Council Member Allen stated he did not know if it is the same company that the
problems are being discovered or if all the companies communicate with each other
knowing that we are looking into this and they would continue to do that and then not
expect homeowners to be upset.
Regular Council Meeting -March 17, 2009 -Page 29 of 80
MINUTES OF MARANA STUDY SESSION
MARANA MUNICIPAL COMPLEX
OCTOBER 10, 2006
Mr. Reuwsaat stated that this additional inspection is critical because if the workmanship
does not meet the standards that our inspections do catch it.
Council Member Allen stated that it was a shame that the Town has to be the police
force behind. catching the contractors doing a poor job.
Mr. DeGrood addressed Council Member Comerford's comment regarding the
inspection after the roof tiles are installed. He stated he would check with Mr. Holden
and make sure inspectors are taking a look around on the roof' at the final inspection.
Council Member Blake asked Mr. DeGrood is there was a n a~° to inspect concrete tiles
to make sure they have been cured properly before they are instal led on a roof to avoid
cracking.
Mr. DeGrood stated his expectation would be ih~~rc would be batch numbers and there
would be certifications for the product. He state) he would check with Mr.Holden on it.
Council Member Blake stated that years ago due to the amount of building going on that
the vendors could not keep up ~~ ith demand for the roof tiles and they started shipping
the uncured roof tiles out. He stated he would like to see that this does not happen again.
Vice Mayor Kai mentioned that other builders in ~~ur area are hearing the message that
we are going to be looking and that we are raising the standards to get better quality for
our homeowners. ~~icc ~1avor Kai also mentioned that we need to process and respond
quickly for the builds r>.
Mr. DeGrood ~tatcd ~~ hen rhea met with ~ABHA about the inspection process they did
that with ih~ h~~int i~1 mind 1o tnakc ~urc th,it we're not slowing down the flow of work.
:~la~ur Honeastated that ~~ c are nut getting a lot of complaints from other builders. All
th~• complaints are c~~min~ from one builder.
3. Barnett Linear Park Update
Jim De~irc~od addre~scd Council and gave an update regarding discussions with Union
Pacific Railroad and Arizona Department of Transportation. The Union Pacific Railroad
is going to be double tracked through Marana. Union Pacific has plans to double track its
route between El Paso and California. They expect to have all the work completed.
between the middle of next year and 2009. The Arizona Department of Transportation is
adding two million dollars to the monies available for the widening of I-10 north of
Tangerine to the Pinal County line for the purposes of building the new structure under
I-10 for the Barnett Linear Park. We should have a solution by early next year on
Barnett Linear Park. In terms of getting the remaining right-of--way acquired, most of the
right of way in already in place with the exception the property needed down stream of
Sanders.
Regular Council Meeting -March 17, 2009 -Page 30 of 80
MINUTES OF MARANA STUDY SESSION
MARANA MUNICIPAL COMPLEX
OCTOBER 10, 2006
Mr. Reuwsaat stated there would be frequent updates on this issue.
4. Discussion and direction concerning the draft Pima County Multi-Jurisdictional
Hazard Mitigation Plan
Sergeant Johnson addressed the Council and stated one of the final stages of the plan
was it had to go to FEMA (Federal Emergency Management Agency) for their review
and approval and it finally came back approximately two months ago. This plan is to
help establish a comprehensive hazardous mitigation program to help reduce loss of life
and property damage and reduce cost as a result of man made and ~aatural disasters. The
plan will help enhance public awareness and understandin~~. It creates a decision tool
for management. It enhances local policies for hazardou ~ m i ~ i ~ ~ ~tion capabilities and
establishes inter jurisdictional cooperation of hazardous miti~ati~~n programs. Possible
adoption of the plan is set for approximatelyN~~ember. The pl~~n ~T~akes requirements
that under the Disaster Mitigation Act of 2000 if the Town is to re~ci~~c ~~ny hazardous
mitigation grant funding from FEMA that the plan nec~ls to be approved anal there are
three grant funding programs that come under th~~: ~~r~-disaster mitigatio~u funds, flood
mitigation assistance program, and a repetitive (l~~~ul clailn~ grant program. This plan
lists all the risks that the Town would face such ~~, Ilu~~~ling and wildfires. One of the
reasons for this plan is it helps management decide on ~~ hat type of planning and
projects that might be of concern to its .community. )hc h~~zard mitigation goals,
objectives, and actions are what are established under the Disaster Mitigation Act that
we should be looking at and eleven objectives are listed.
Upon motion b~ Cc~unci l !Member Esr~7b~do, second~rd by Council Member McGorray,
to direct staff to hrin~~ t~~ Ct~uncil for ad~~~~t:ion the proposed Pima County Multi-
Jurisdictiona i FI ~~ ~.~ r~i ~ 1 i t i ration Plan wu ~ u n ~mimously approved.
ADJnL~RNI~ 1 l~: N' I~
l ' ~~~~ n motion b ~ f ~ ~ ~ u n ~ i t y9 ~~ m her Escobedo, seconded by Council Member Blake, the
(~~uutcil voted unanin~~w~l~ t~> adjourn.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on October l0, 2006. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
Regular Council Meeting -March 17, 2009 -Page 31 of 80
~~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COiJNCIL CHAMBERS, March 17, 2009, 7:00:00 PM
To: Mayor and Council Item A 1
From: Jocelyn Bronson ,Town Clerk
Subject: Resolution No. 2009-32;_ Relating to Elections; declaring and adopting the results of the
primary election held on March 10, 2009
Discussion:
Pursuant to A.R.S. Section 16-646, the governing body of a city or town must meet to canvass the votes
after a primary and/or general election. This must be done not less than six days nor more than 20 days
after an election. The official canvass is attached.
Financial Impact:
None.
ATTACHMENTS:
Name: I)escr~iption: Type:
~ CAi~V_A$S_O_F_THE
PRIMARYVOTES 2009.doc Resolution Resolution
^ Town_of Marana-
Canyass03i~2009p1a.pdf Official Canvass Backu}a faterial
Staff Recommendation:
Staff requests Council approval of the official canvass of the vote for the primary election held on
March 10, 2009.
Suggested Motion:
I move to approve Resolution No. 2009-32.
Regular Council Meeting -March 17, 2009 -Page 32 of 80
RESOLUTION N0.2009-32
RELATING TO ELECTIONS: DECLARING AND ADOPTING THE RESULTS OF
THE PRIMARY ELECTION HELD ON MARCH 10, 2009
WHEREAS, the Town of Marana, Pima County, Arizona, did hold a primary
election on the 10th day of March, 2009, for the election of four Council Members; and
WHEREAS, the election returns have been presented to and have been canvassed
by the Town Council.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Pima County, Arizona, as follows:
SECTION 1: That the total number of ballots cast at said primary election, as
confirmed by Pima County, was 3,214.
SECTION 2: That 2,433 early ballots were processed and counted; 0 ballots
rejected.
SECTION 3: That 72 provisional ballots were received; 66 ballots verified and
counted; 6 ballots unverified and uncounted.
SECTION 4: That the votes cast for the candidates for Council Member were as
follows:
Name Vote Total
Patti Comerford 1,616
Herb Kai 2,058
Kelle Marlyn 1,578
Carol McGorray 1,562
Jon Post 1,373
Larry Steckler 1,186
Bret Summers 1,185
Regular Co~~ib~~~ia~~~l~oh 17, 2009 -Page 33 of 80
SECTION 5: That it is hereby found, determined and declared of record, that the
following candidates did receive more than one-half of the total number of valid votes
cast and will be issued a certificate of election:
Patti Comerford
Herb Kai
SECTION 6: That it is hereby found, determined and declared of record, that the
total number of valid votes cast for Council will require arun-off in the General Election
on May 19, 2009.
SECTION 7: This resolution shall be in full force and effect immediately upon its
adoption.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana,
Pima County, Arizona, this 17th day of March, 2009.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regular Co~r~ib~~~ia~~~l~oh 17, 2009 -Page 34 of 80
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DIVISION OF ELECTIONS
PIMA COUNTY GOVERNMENTAL CENTER
130 W. CONGRESS STREET, TUCSON, AZ 85701
(520) 740-4260 FAX (520) 620-1414
March 13, 2009
In accordance with Arizona Revised Statutes, Title16, I hereby certify the enclosed tabulation
is a full, true and correct copy of the Returns of the Primary Election held pursuant to Arizona
Constitution and Arizona Revised Statutes Title 9 and 16 in and for The Town of Marana, Pima
County, Arizona on March 10, 2009. This tabulation includes all early ballots and verified
provisional ballots cast at said election.
Respectfully submitted,
-~~~~,,,
Brad R. Nelson, Director
Pima County Elections
Regular Council Meeting -March 17, 2009 -Page 36 of 80
CANVASS INFORMATION
TOWN OF MARANA
PRIMARY ELECTION
MARCH 10, 2009
EARLY BALLOTS PROCESSED
2433 Ballots Processed and Counted
0 Ballots Rejected
PROVISIONAL BALLOTS PROCESSED
72 Ballots Received
66 Ballots Verified and Counted
6 Ballots Unverified and Uncounted
Regular Council Meeting -March 17, 2009 -Page 37 of 80
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Election Summary Report ~ate:o3i12io9
090310PimaConsolidated Tin'e'I1:16'30
Pagel of 1
Summary For TOWN OF MARANA, All Counters, All Races
Registered Voters 17807 -Cards Cast 3214 18.05% Num. Report Precinct 5 -Num. Reporting 5 100.00%
TOWN OF MARANA COUNCIL
Polling Early PROV Total
Number of Precincts 5 0 0 5
Precincts Reporting 5 0 0 5 100.0
Vote For 4 4 4 4
Times Counted (Reg. Voters 17807) 715 2433 66 3214 18.0
Total Votes 2332 8073 217 10622
Times Blank Voted 1 43 0 44
Times Over Voted 0 5 0 5
Number Of Under Votes 524 1467 47 2038
COMERFORD, PATTI 365 1264 37 1666 15.68%
KAI, HERB 468 1556 34 2058 19.37%
MASLYN, KELLE 332 1208 38 1578 14.86%
McGORRAY, CAROL 332 1200 30 1562 14.71%
POST, JON 318 1027 28 1373 12.93%
STECKLER, LARRY 245 919 22 1186 11.17%
SUMMERS, BRET 268 889 28 1185 11.16%
Write-in Votes 4 10 0 14 0.13%
Regular Council Meeting -March 17, 2009 -Page 45 of 80
Regular Council Meeting -March 17, 2009 -Page 46 of 80
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM
To: Mayor and Council
From: Cedric Hay ,Senior Assistant Town Attorney
Item A 2
Subject: Resolution No._2009-33: Relating to Elections; certifying facts regarding automatic recount
of the March 10, 2009 Town of Marana primary election to the Pima County Superior Court,
authorizing the filing of a petition in Superior Court; and declaring an emergency
Discussion:
According to the canvass of votes approved at tonight's meeting, two of the Town Council candidates
have been declared elected because they met the provisions of Marana Town Code section 2-2-1 by
receiving a majority of all the votes cast. The remaining two Town Council members shall be elected at
the general election to be held on May 19, 2009.
Marana Town Code section 2-2-3 ("General election nomination") states that the number of candidates
on the ballot "shall be equal in number to twice the number to be elected" and shall include those
candidates receiving the highest number of votes at the primary election. Because there are two seats to
be filled there will be four candidates on the May 19th ballot (the only exception to this would be in the
case of a tie between the two candidates who received the fewest votes in which case all five candidates
would be included on the ballot). Of the five candidates who were not declared elected as a result of the
March 10 election the four who received the highest number of votes will on the May ballot.
The Pima County Elections Division has determined that Town Council candidates Larry Steckler and
Bret Summers received 1186 and 1185 votes respectively at the Town of Marana's March 10, 2009
primary election. Marana Town Code section 2-2-7 ("Automatic recount") provides in relevant part:
"When a canvass of returns in a special, primary or general town election shows that the margin between
the successful candidate receiving the least number of votes and the unsuccessful candidate receiving the
greatest number of votes for council... does not exceed five votes, a recount of the vote upon those
candidates... shall be required."
Larry Steckler and Bret Summers received the fewest votes of all the candidates in the March election
and therefore the one who is determined to have received the fewest number of votes shall not have their
name placed on the May ballot. In effect one of them will have successfully made it to the general
election while the other will have been unsuccessful as described on section 2-2-7 above.
Under the procedures for automatic recount set forth at A.R.S. § 16-662, the Town Council must certify
to the Superior Court the facts regarding automatic recount, and the Superior Court decides whether to
enter an order requiring the recount under A.R.S. § 16-663. If the Superior Court determines that this
situation falls within the automatic recount provisions of A.R.S. § 16-661(A), the Court will order the
recount.
Financial Impact:
Regular Council Meeting -March 17, 2009 -Page 50 of 80
Costs of recount to be payed by the Town to Pima County Division of Elections.
ATTACHMENTS:
~~le:
C7 Resa 2009-33 Automatic
Recount {0(}013676~L~E3C
~ 2009 Primary Recount
Petition {00{}13680).Df7
I~~escrapt~on.
Resolution authorizing petition €c Superior Co~~rt for recount
P~trnery recount petition to Superior Co€~rt
'T}-ape:
Resoution
~3ackup ~llatorial
Staff Recommendation:
Town staff recommends approval of Resolution No. 2009-33, certifying the facts regarding automatic
recount of the March 10, 2009 Town of Marano primary election vote to the Pima County Superior
Court, authorizing the filing of a petition in Superior Court, and declaring an emergency.
Suggested Motion:
I move to approve Resolution No. 2009-33.
Regular Council Meeting -March 17, 2009 -Page 51 of 80
MARANA RESOLUTION NO. 2009-33
RELATING TO ELECTIONS; CERTIFYING FACTS REGARDING AUTOMATIC RECOUNT
OF THE MARCH 10, 2009 TOWN OF MARANA PRIMARY ELECTION TO THE PIMA
COUNTY SUPERIOR COURT, AUTHORIZING THE FILING OF A PETITION IN SUPERIOR
COURT; AND DECLARING AN EMERGENCY
WHEREAS the Town of Marana held a primary election on March 10, 2009 in which seven
Town Council candidates ran for four Town Council seats; and
WHEREAS Marana Town Code section 2-2-1 ("Primary election") provides in relevant part:
Any candidate who receives at the primary election a majority of all
the votes cast shall be declared elected to the office for which he or
she is a candidate effective as of the date of the general election, and
no further election shall be held as to that candidate....
WHEREAS based on the canvass of votes approved at the March 17~', 2009 Marana Town
Council meeting, two of the Town Council candidates have been declared elected; and
WHEREAS the remaining two Town Council positions shall be elected at the general elec-
tion to be held. on May 19, 2009; and
WHEREAS Marana Town Code section 2-2-3 ("General Election nomination") states that
the number of candidates on the ballot "shall be equal in number to twice the number to be elected"
and shall include those candidates receiving the highest number of votes at the primary election; and
WHEREAS the fact that there are two remaining seats on the Council to be filled means there
will be four candidates on the May 19th ballot, except in the event of a tie between the two candi-
dates who received the fewest votes in which case all five candidates would be included on the bal-
lot; and
WHEREAS the Pima County Elections Division has determined that Town Council candi-
dates Larry Steckler and Bret Summers received 1186 votes and 1185 votes respectively at the Town
of Marana's March 10, 2009 primary election; and
WHEREAS the candidate in the March election who is determined to have received the few-
est number of votes shall not have their name placed on the May ballot; and
WHEREAS this determination will have the effect of declaring one of them as successfully
making it to the general election while the other will have been unsuccessful; and
Regul~re~l ~~~t~ -March 17, 2009 -Page 52 of 80 _ 1 _
WHEREAS Marana Town Code section 2-2-7(A) ("Automatic recount") provides in relevant
part:
When the canvass of returns in a special, primary or general town
election shows that the margin between the successful candidate re-
ceiving the least number of votes and the unsuccessful candidate re-
ceiving the greatest number of votes for council ... does not exceed
five votes, a recount of the vote upon those candidates ... shall be re-
quired; and
WHEREAS A.R.S. § 16-661(A) requires an automatic recount of a vote when the canvass
"shows that the margin between the two candidates receiving the greatest number of votes for apar-
ticularoffice ... is less than or equal to ... [t]en votes in the case of an office to be filled by the elec-
tors of a city or town..."; and
WHEREAS the Mayor and Council of the Town of Marana find that it is in the best interests
of the public to adopt this resolution to allow these facts to be certified to the Pima County Superior
Court for a determination of whether or not to order an automatic recount in this situation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
Section 1. The Town Council certifies to the Pima County Superior Court the facts set forth
in this resolution, including those recited in the clauses above.
Section 2. The Marana Legal Department is authorized to file in the Pima County Superior
Court on behalf of the Town all necessary documents and to take all other necessary steps for pur-
poses of having the Court determine whether or not to order an automatic recount of the Town of
Marana's March 10, 2009 primary election under A.R.S. § 16-661(A) and Marana Town
Code § 2-2-7(A).
Section 3. Since it is necessary for the preservation of the peace, health and safety of the
Town of Marana that this resolution become immediately effective, an emergency is hereby declared
to exist, and this resolution shall be effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
17th day of March, 2009.
ATTEST:
Mayor Ed Honea
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Regul~re~{I ~g~t~g -March 17, 2009 -Page 53 of 80 _ 2
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TOWN OF MARANA
MARANA LEGAL DEPARTMENT
11555 West Civic Center Drive
Marana, Arizona 85653-7006
(520) 382-1942
Frank Cassidy, Town Attorney
State Bar No. 7358, PCC No. 8532
Cedric Hay, Senior Assistant Town Attorney
State Bar No. 021123, PCC No. 65666
Attorneys for the TowN of MARANA
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF PIMA
IN RE THE MUNICIPAL PRIMARY ELECTION OF
THE TOWN OF MARANA HELD ON MARCH 10,
2009. No.
TOWN of MARANA, an Arizona municipal PETITION REGARDING
corporation, AUTOMATIC RECOUNT
Petitioner,
PIMA COUNTY, a political subdivision of the
State of Arizona, acting by and through the
Pima County Elections Division,
A Necessary Party,
LARRY STECKLER and BRET SUMMERS,
affected Marana Town Council candidates,
(A.R.S. §§ 16-661 and 16-662)
Assigned to Hon.
Petitioner TowN of MARANA ("Marana") alleges as follows:
1. Marana held a primary election on March 10, 2009 in which seven Town Council
candidates were running for four Town Council seats.
2. According to the official canvass of votes of the March 10, 2009 Marana primary
election, which was approved and adopted by the Marana Town Council on March 17, 2009 by
Resolution No. 2009-YY, attached as Exhibit A, candidates Herb Kai and Patti Comerford each
~~{00013680.DOC /} - 1 - 3/13/2009 CIH
Regular Co cil Meeting -March 17, 2009 -Page 54 of 80
IN RE THE TOWN OF MARANA 'S MARCH 10, 2009 PRIMARY ELECTION
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received a majority of votes cast and were declared elected to office and the two remaining
council positions are to be determined at the general town election scheduled for May 19, 2009.
3. Marana Town Code section 2-2-3 ("General election nomination") states that the
number of candidates to be placed on the ballot at the general municipal election "shall be
equal in number to twice the number elected to any given office... and persons who receive the
highest number of votes for the respective offices at the first election shall be the only
I candidates at the second election."
4. The candidates who received the fewest votes at the March 10, 2009 election are Larry
Steckler and Bret Summers who received 1186 votes and 1185 votes respectively.
5. Since there are five remaining candidates the one who is determined to have received
the least number of votes (either Larry Steckler or Bret Summers) will not have their name
placed on the ballot for the general election, scheduled for May 19, 2009.1
6. Marana Town Code section 2-2-7(A) ("Automatic recount") provides in relevant part:
When the canvass of returns in a special, primary or general town election
shows that the margin between the successful candidate receiving the least
number of votes and the unsuccessful candidate receiving the greatest number of
votes for council... does not exceed five votes, a recount of the vote upon those
candidates... shall be required.
7. A.R.S. § 16-661(A) requires an automatic recount of a vote when the canvass "shows
that the margin between the two candidates receiving the greatest number of votes for a
particular office ... is less than or equal to ... [t]en votes in the case of an office to be filled by
the electors of a city or town...."
1 Marana Town Code section 2-2-3 provides that "if there be any person who... would have been entitled to
become a candidate for any office except for the fact that some other candidate received an equal number of votes
for it, then all those persons receiving an equal number of votes shall likewise become candidates for that office."
~~ ~0001368QDOC /} - 2 -
Regular Co cil Meeting -March 17, 2009 -Page 55 of 80
3/13/2009 CIH
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IN RE TH& TOWN OF MARANA 'S MARCH 10, 2009 PRLMARY ELECTION
8. It is not clear whether the automatic recount requirement of A.R.S. § 16-661(A) applies
to the March 13, 2007 Marana primary election because the one-vote margin at issue here is not
"between the two candidates receiving the greatest number of votes."
9. On March 17, 2009, the Marana Town Council adopted Resolution No. 2009-XX,
certifying the facts set forth in this petition, and authorizing this petition to be filed in the Pima
County Superior Court for a determination of whether or not to order an automatic recount in
this situation.
WHEREFORE, the TOWN OF MARANA prays as follows:
A. For an order setting forth the procedure and schedule to be followed in this case, providing
for appropriate notice to and participation by affected parties so that this matter maybe
resolved in time to print ballots for the May 19, 2009 Marana general election.
B. For a determination of whether an automatic recount is required pursuant to A.R.S.
§ 16-661(A); and if so, for an order requiring the Pima County Elections Division to
undertake the recount.
C. For all other and further relief as the Court deems appropriate under the circumstances.
RESPECTFULLY suBMITTED on March 18, 2009.
TOWN OF MARANA
Cedric Hay, Senior Asst. Town Attorney
~~ ~00013680.DOC /} - 3 - 3/13/2009 CIH
Regular Co cil Meeting -March 17, 2009 -Page 56 of 80
- " ~~..,,
~~~
~~~
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM
To: Mayor and Council Item A 3
From: Suzanne Machain ,Human Resources Director
Subject: .Resolution No. 2009-34:_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 57 of 80
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 1, 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 Marana Municipal Complex will be eligible for atake-home
vehicle with no fuel increase surcharge. If at any time 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:
Narxte. I`esct°ipti~~n: ,lrv~ pc:
D Reso Amendment Two to
MPt7A MOt1 (00013593}.I~C?C Resolution Resc~iufion
~ Amendment Two to MPC}A ,
MOU in PDF_{00013596).PI~F ~~r~~end~78ent lbuo 1=xhibit
Staff Recommendation:
Staff recommends approval of the amendment and adoption of the attached resolution.
Suggested Motion:
I move to approve Resolution No. 2009-34, approving 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.
Regular Council Meeting -March 17, 2009 -Page 58 of 80
MARANA RESOLUTION N0.2009-34
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 and 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
and
WHEREAS the parties reached agreement on a memorandum of understanding (MOU);
WHEREAS the Town Council accepted the memorandum of understanding, pursuant to
Section 4-I-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~raCf~~~i~~~1t~r~gLb~a#~h 17, 2009 -Page 59 of 80
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~d~munSi~n~0~;QaiAh 17, 2009 -Page 60 of 80
-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 ~,..,~A~ and additions shown
with double underlining:
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 CoI1Dt~CM~$ch 17, 2009 -Page 61 of 80
1
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 orovided___beainnina
Julv 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
beainnina 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 CoI1Dti~CM~$ch 17, 2009 -Page 62 of 80
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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}
except that no pav increases shall be provided beainnina July 1. 2009
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 performance exce t
that no pav increases shall be provided beainnina July 1.2009 throuah the
expiration of this MOU. ~^,-~,~ea~ fnr o~ ~hoon~ ~on4 fic•nnl .,onrc~
~ve~e~ h~? ~A(ll I /CV z nrl~T~II ho rto4orminolJ oc
5. The Town and the Association aaree that when the Town is in a financial
position to restore performance-based pav increases. the Town shall
conduct a compensation survey on the crime scene specialist
classification to determine the appropriate aav ranae 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
compensation for individual crime scene specialist employees is
warranted as a result of this survey. such increase shall be effective upon
the date that performance-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 °*~-'~ and additions
shown with double underlinine:
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. tza+~
limo nff fir hr.lirlnvc~ ~~ rlofinorJ in ihio ~Ar'11 I oh~ll hem innl~ ~rlar! in nmm~~ i~inn +ho
ni ~mhor ~,f hni me ui~rLe~r) fir ~~ic~r~imo n~mnonc~~i~n
Regular Co~Itti~Cryl~~ch 17, 2009 -Page 63 of 80
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/Worlcin~ 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, sorer--~ 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 pav increases from Julv 1.2009 throuah the expiration of this
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.
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
hn Tn~~in limi+n of +hn Tnuin of ne~r.,n~ as defined by the Chief shall be
eligible for atake-home ^°+~^' ~~°"~^'° marked or unmarked vehicle,
depending upon their assignment.
Regular Co~ll(ti~~M~fch 17, 2009 -Page 64 of 80
4
2. When officially scheduled on an on-call status, the following on-call
positions shall be eligible for atake-home ^~+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. Employees who participate in the take-home vehicle groaram and whose
permanent residencv falls outside the Town limits shall be assessed a fuel
monthly fuel cost report. The fuel increase surcharae shall be assessed
via payroll deduction at $20.00 per pay 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
continue to be deducted each pay period until the Town's averaae cost of
fuel falls below $3.00 per aallon. as determined by the Town's monthly
fuel cost report. The surcharae shall be discontinued for the pay period
immediately followina the Town's receipt of a monthly fuel cost report
indicatina an averaae fuel cost below $3.00 per aallon. This same
._______ _1__11 L :~_~1_~__._1_J ...1_ ...J _. ._.- 1:.... ll__ T_....-f_ ~. .~..~-.~
Employees who participate in the take-home vehicle groaram and whose
permanent residencv falls outside the Town limits shall sign a payroll
deduction authorization form. authorizing the Town to assess the fuel
increase surcharae. as described in this paragraph. T"° T^,.,n ~nr+ +h°
~sav +i~, ^~ n nnr~_~~+~ nrnm ~~.iill h° nh~J~ 1~~P r +h° Q(1_rl~it
im~^'rcr~i'~`^e{~"i~e~`^n~-rrv-iai°r +h~n I~nl l~ni '.2'I ~ Gt~.7-.
5. Employees whose permanent residencv falls outside the Town limits and
who are not serving in an on-call assianment as desianated by the Chief
may choose not to participate in the take-home vehicle groaram at their
discretion.
6. Employees who establish permanent residencv within the Town limits and
who participate in the take-home vehicle groaram shall not be assessed a
fuel increase surcharae.
7. Employees who are serving in an on-call assianment and who are
assigned a take-home vehicle as desianated by the Chief shall not be
assessed a fuel increase surcharae.
8. The Take Home Vehicle Program as described in this subsection A.
paragraphs 1 through 7. shall be effective beainnina Julv 1. 2009 through
Regular Colttti~~f~l~$ch 17, 2009 -Page 65 of 80
the expiration of this MOU. In the interim time period. upon adoption of
this amendment and prior to the suspension of performance-based pav
increases beginning Julv 1. 2009. the Town and the Association agree
that all sworn emplovees covered under this MOU who have established
permanent residencv within a 20 mile radius of the Marana Municipal
Complex as defined by the Chief shall be eliaible for stake-home marked
or unmarked vehicle. depending upon their assianment. The Town and
the Association further aaree 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 aaree to the following Take Home
Vehicle Program for personnel covered under this MOU.
1. All sworn emplovees covered under this MOU who have established
permanent residencv within the Town limits of the Town of .Marana as
defined by the Chief shall be eliaible for stake-home marked or unmarked
vehicle. depending upon their assianment.
2. When officially scheduled in an on-call status. the following on-call
positions shall be eliaible for stake-home marked or unmarked vehicle.
depending upon their assianment: 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 eliaible 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 Town and the Association aaree 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
performance-based aav increases.
4. Effect of Amendments. Excep
Amendment, the terms of the original MOU shall
t as specifically modified by this
remain in full force and effect.
Regular Co~lttti~~fyl~$ch 17, 2009 -Page 66 of 80
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:
Accepted by:
MARANA TOWN COUNCIL
Mayor Ed Honea
Dated:
ATTEST:
Jocelyn Bronson, Town clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Dated:
Regular Collti~~~A~~ch 17, 2009 -Page 67 of 80
7
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COUNCIL CHAMBERS, March 17, 2009, 7:00:00 PM
To: Mayor and Council
From: Frank Cassidy ,Town Attorney
Item A 4
Subject: -Resolution No. 2009-35: Relating to Public Works; authorizing the Mayor to execute all
documents necessary to facilitate the funding of the $15,000,000 LGIP account with the State
Treasurer's office as required by Paragraph II (2)(k)(i) of the August 1, 2007
Intergovernmental Agreement between the State of Arizona and the Town of Marana for the
I-10 Traffic Interchange at Twin Peaks; and declaring an emergency
Discussion:
The Town of Marana and the Arizona Department of Transportation (ADOT) entered into an August 1,
2007 Intergovernmental Agreement (IGA) concerning the construction of the I-10 Traffic Interchange at
Twin Peaks. The ADOT IGA requires the Town to make a deposit of $15,000,000 to the State prior to
bid award of the construction contract to the ADOT LGIP Account.
The Town has also entered into a February 6, 2008 IGA with the Regional Transportation Authority
(RTA) for funding of the design and construction of the I-10 Twin Peaks TI. The RTA's standard
procedures and the RTA IGA do not provide for up-front funding of public works projects, but require
payments to be made as construction is completed.
On Friday, March 13, the State Transportation Board delayed the award of the Twin Peaks TI
construction contract because the LGIP deposit had not been made. To avoid further delays, staff
recommends Council adopt this resolution effective immediately giving the Mayor and Town Manager
full authority to execute all documentation necessary or beneficial to fund the ADOT LGIP Account as
required by the ADOT IGA. Options include amending the RTA IGA or obtaining loan, grant, or other
funding.
ATTACHMENTS:
Nan~~;: l~csc~°iptior~: `l`o`pe:
^ Reso 2009-35 re Fundng_a
L(:3IP Account (flOfl13734).[~f?C ( ~ l~c~rizirtc~ fvfiayor to Furr~t (_If' Aecour~t Resolution
Staff Recommendation:
Staff recommends approval of Resolution 2009-35.
Suggested Motion:
I move to approve Resolution 2009-35.
Regular Council Meeting -March 17, 2009 -Page 68 of 80
MARANA RESOLUTION N0.2009-35
RELATING TO PUBLIC WORKS; AUTHORIZING THE MAYOR TO EXECUTE ALL DOCU-
MENTSNECESSARY TO FACII,ITATETHE FUNDING OF THE $15,000,000 LGIP ACCOUNT
WITH THE STATE TREASURER'S OFFICE AS REQUIRED BY PARAGRAPH II (2)(k)(i) OF
THE AUGUST 1, 2007 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF
ARIZONA AND THE TOWN OF MARANA FOR THE I-10 TRAFFIC INTERCHANGE AT
TWIN PEAKS; AND DECLARING AN EMERGENCY
WHEREAS the Town of Marana and the State of Arizona, acting by and through its Depart-
ment of Transportation, entered into an Intergovernmental Agreement dated August 1, 2007 (the
"ADOT IGA") concerning the construction ofthe I-10 Traffic Interchange at Twin Peaks (the "Pro-
ject"); and
WHEREAS Paragraph II (2)(k)(i) of the Marana/ADOT IGA requires the Town to make a
deposit of $15,000,000 to the State prior to bid award of the construction contract for the Project in
the LGIP Account with the State Treasurer's office (the "ADOT LGIP Account"); and
WHEREAS the Town and the Regional Transportation Authority of Pima County (the
"RTA") entered into an Intergovernmental Agreement for the design and construction of the I-10
Twin Peaks Traffic Interchange on February 6, 2008 (the "RTA IGA"); and
WHEREAS the RTA IGA provides for RTA funding in a maximum amount of $30,752,000
for the Project; and
WHEREAS the RTA's standard procedures and the RTA IGA do not provide for up-front
funding of public works projects, but rather require payments to be made as construction is com-
pleted; and
WHEREAS the Town Council desires to give the Mayor full authority to execute all docu-
mentationnecessary orbeneficial to facilitate the funding ofthe ADOT LGII' Account as required by
the ADOT IGA, so that the construction contract for the Project maybe promptly awarded and the
construction may promptly begin.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
Section 1. The Mayor is hereby authorized to execute an amendment to the RTA IGA, if one
can be negotiated, that provides direct funding into the ADOT LGIP Account required under the
ADOT IGA.
Regul~re~l ~~$t~ -March 17, 2009 -Page 69 of 80 _ 1 _
Section 2. The Mayor and Town Manager are hereby authorized to execute all documentation
or agreements necessary or beneficial to obtain loan, grant, or other funding as necessary to satisfy
the obligation to fund the ADOT LGIP Account as required under the ADOT IGA, with repayment
from reimbursements through the RTA IGA or any other available Marana transportation funding
source.
Section 3. The Town Manager and staff are hereby directed and authorized to undertake all
other and further tasks required or beneficial to carry out the objectives of this resolution and the
Town's obligations under the ADOT IGA.
Section 4. 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.
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Mayor Ed Honea
Regul~re~l ~g~t~g -March 17, 2009 -Page 70 of 80 _ 2 _
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
COiJNCIL CHAMBERS, March 17, 2009, 7:00:00 PM
To: Mayor and Council Item D 1
From: Steve Huffman ,Intergovernmental Affairs Administrator
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:
^ Bulletin_#8.pdf
^ HB2267 White P~aperv~.pdf
^ Bu[letn_9,df
Description:
Rt€Iletir~ ~?
E3~tllet€n 8 r2eterence Material
F~ul(et€n 9
Type:
13acku~ Mat~:rial
L~ackup Material
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 71 of 80
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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 Forward
Partially Amended ..................... 2
Solar Fees Bill Advances ........... 2
Federal Economic Stimulus ....... 2
The Week Ahead ....................... 2
Weekly Spotlight ....................... 3
Legislative Bulletin is published by
the League of Arizona Cities and
Towns. Forward your comments or
suggestions to:
League of Arizona Cities & Towns
1820 West Washington Street
Phoenix, Arizona 85007
Phone: 602-258-5786
Fax: 602-253-3874
Email: league@azleague.org
Internet: www.azleague.org
If you would like be added to our
bulletin a-mail list please forward
your a-mail request to:
csmith-humphrey@azleague.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 of the 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:
httn://www. azlee. ~ov/FormatDocument.asp?inDoc=/agendas/0302010687%2Edoc%
2Ehtm
HOUSE BILL BANS FIRE SPRINKLERS IN RESIDENTIAL
HOUSES
House Bill 2267, sponsored by Representative Sam Crump (R- Phoenix), prohibits
any city building code or ordinance adopted after January ls`, 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 your Representatives 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
S&i~gtljFa~t~011D~7CMeeting -March 17, 2009 -Page 72 of 80
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 Bill 2259, 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 of the 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 73 of 80
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"'. 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 (,~person(a~az.grov). Additionally, if your
city or town has water or wastewater infrastructure
projects, you need to reserve your place in line by filling
out one of the online applications available at the WIFA
website: http://www.azwifa.gov/?pa~eid=recover act.
Also, if your city or town is one that receives HUD
money directly from the federal government through an
existing formula distribution, you can see what's coming
to Arizona by visiting this website:
httn://www.hud.eov/recovery/. 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 Weekly Spotlight -
Representative Daniel Patterson
This week we focus on
.Representative Daniel Patterson
f
(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 your proudest legislative achievement? For new
members, what do you hope to accomplish?
Economic justice and improved quality of life for all
Arizonans. Helping ppeopple, solvin problems and
Regular Council Meeting - Marcl517, 2009 - P~ge 74 of 80
building bridges for positive change in the legislature.
How can the state government 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 "NO" ON HB2267
(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 insingle- 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
departments.
For more information, contact Ryan Harper or other members of the Triadvocates team at 602-229-5500.
Regular Council Meeting -March 17, 2009 -Page 75 of 80
- U ~~ i ~ I[. F•i.
w
..:
Y
}
•r
} E ~ ~ E
I ~~
IN THIS
ISSUE
Legislative Activity ................... 1
Governor Brewer's Budget
Statement ................................... 1
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. Forward 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 forward your e-mail
request to:
csmith-humphrey@azleague. org
Bulletin Issue 9 -March 6, 2009
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:
htt ://az overnor. ov/dms/u load/NR 030409 Address49thLe islature. df
Regular Council Meeting -March 17, 2009 -Page 76 of 80
March 6, 2009
FEDERAL ECONOMIC STIMULUS
UPDATE
This week the League issued a City and Town Funding
Book summarizing the various funds available as a result
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.azlea~ue.org_/ndf/stimulus ct fundina 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 ofJustice, 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:
htt ://www.o' .usdo'. ov/BJA/recove JAG/rec'a /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:
ht ://www.azwifa. ov/? a eid=recove act.
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 e-mail address is Jannerson(a~a, z•eov.
AN IMPACT FEE MORATORIUM?
Rumorst~of a statewide, multi-yearr suspensfion, rollback
~eg Qaa~oulnclti}~f~ee~ingd~4~arc~i~~~0~~age Tel o~ ~Os part 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. Removegovernmentfromdirectcompetition
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 of the
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 78 of 80
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 of the 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 of the committee
agreed and spoke of their 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 Bi112337, 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 79 of 80
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 fingerprinted. 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
u~rr 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, and treasurer ofthe San Bernardino
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 should be 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 80 of 80
March 6, 2009