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HomeMy WebLinkAbout05/05/2009 AMENDED Council Agenda PacketAmended on 5/01/2009 at 12:53 p. m. -REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 5, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana. Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available • upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Regular Council Meeting -May 5, 2009 -Page 1 of 297 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, May 04, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting • Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS P 1: Presentation: Relating to Administration; summary of the Marana High School spring 2009 internship program (Rebecca Kunsberg) ANNOUNCEMENTS/UPDATES PROCLAMATIONS Municipal Clerks Week Relating to National Public Works Week 2009 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 Regular Council Meeting -May 5, 2009 -Page 2 of 297 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. 2009-57: Relating to Administration; modifying the emergency procurement authorized by Marana Resolution No. 2009-09 for materials and services necessary to encase and replace the Marana Utilities Department waterline within and in the vicinity of the Union Pacific Railroad right-of--way southwest of the 13900 block of Adonis Road; authorizing the Procurement Director to determine the appropriate procedures; increasing the budgetary limitation for this emergency procurement; and declaring an emergency (Dorothy O'Brien) C 2: Removed C 3: Resolution No. 2009-59: Relating to Development; approving and authorizing an amendment to the inmate classification criteria for the Marana Community Correctional Treatment Facility (Kevin Kish) C 4: Minutes of the April 21, 2009 special council meeting and the Apri121, 2009 regular council meeting C 5: Resolution No. 2009-67: Relating to Real Estate; approving and authorizing the Added Late Mayor to sign a Consent to Assignment Agreement with Crown Communication, Inc. and • Tower Development Corporation (Frank Cassidy) COUNCIL ACTION A 1: PUBLIC HEARING_ Ordinance No. 2008.26: Relating to to Development; approving and authorizing a rezoning for Marana Mercantile (Kevin Kish) A 2: PUBLIC HEARING: Ordinance No. 2009.05: Relating to Development; approving and authorizing an amendment to the Land Development Code, Title 24, Section 24.01 Silverbell Road Corridor Overlay District Resolution No. 2009-60: Relating to Development; declaring the amendments to Title 24; Section 24.01 -Silverbell Road Corridor Overlay District, of the Town of Marana Land Development Code as a public record filed with the Town Clerk (Kevin Kish) A 3: Resolution No. 2009-61: Relating to Development; approving and authorizing a preliminary plat for Tapestry Estates, Lots 62-153, Block 1, Block 2, and Common Area 'A' (Private Streets) (Kevin Kish) A 4: Resolution No. 2009-62: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment, Section 8-1-6 "Layoff and Recall"; and declaring an emergency (Suzanne Machain) A 5: Resolution No. 2009-63: Relating to Personnel; approving and authorizing staff to implement the Transition Package for fiscal year 2010; and declaring an emergency (Suzanne Machain) Regular Council Meeting -May 5, 2009 -Page 3 of 297 A 6: Resolution No. 2009-64: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 -Work Rules; and declaring an emergency (Suzanne Machain) A 7: Resolution No. 2009-65: Relating to Personnel; terminating the terms of the sitting and alternate citizen board members of the Town's Personnel Action Review Board; and declaring an emergency (Suzanne Machain) A 8: Resolution No. 2009-66: Presentation: Relating to Personnel; approving and authorizing staff to implement employee benefit rates for fiscal year 2010; and declaring an emergency (Deb Thalasitis/Suzanne Machain) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain • water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation. for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. E 4: Executive session pursuant to A.R.S. ,~ 38-431.03(A)(4) for discussion or consultation Added Late with the Legal Department regarding potential settlement of Tucson Water utility relocation costs for the Thornydale Road and Silverbell Road public works projects 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 -May 5, 2009 -Page 4 of 297 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item P 1 From: Rebecca Kunsberg ,Town Management Fellow Strategic Plan Focus Area: Community Building Subject: Presentation: Relating to Administration; summary of the Marana High School spring 2009 internship program Discussion: The Town of Marana entered into a partnership with the Marana Unified School District over the past academic year to provide internships to high school students. These internships provide valuable on- • the job vocational training andlor real-life information to a student about potential future career choices before a student embarks on college or further technical education. Students are required to meet attendance and behavioral standards through their internships and the Town of Marana benefits from the extra assistance that can be provided by student workers. This item will give this year's student interns an opportunity to make a presentation to the Council regarding their town internship experience, the hours they worked, and the projects they worked on. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: • Regular Council Meeting -May 5, 2009 -Page 5 of 297 Proclamation Municipal Clerks Week May 3 through May 9, 2009 WHEREAS, the office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and internal professional organizations. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim and recognize the week of May 3 through May 9, 2009 Municipal Clerks Week And further extend appreciation to our Municipal Clerk, Jocelyn C. Bronson and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated this 5th day of May, 2009. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk Proclamation Public Works Week 2009 May 17 through May 23, 2009 WHEREAS, public works services provided in our community are an integral part of the lives of our citizens' and enhance their daily quality of lives; and WHEREAS, state and local governments are responsible for and .must design, build, operate and maintain the transportation, water supply, public buildings, and other structures and facilities essential to serving our citizens'; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of the public works systems and programs such as water, sewers, public buildings, streets and highways; and WHEREAS, the health, safety, appearance and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, construction and management is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitudes and understand of the importance of the work they perform. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim and recognize the week of May17 through May 23, 2009 National Public Works Week In the Town of Marana, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in supporting public works and to recognize the contributions which public works professionals make to provide the infrastructure required to sustain the comfort, health, and well- being to support the community's quality of life. Dated this 5th day of May, 2009. ~ {.__. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 .COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council From: Dorothy O'Brien ,Assistant Utilities Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: Item C 1 If approved, this item would authorize the replacement of a waterline that provides system redundancy and added fire protection for health, welfare, and safety of the customers on both the east and west side of the I-10 interconnection. Subject: Resolution No. 2009-57: Relating to Administration; modifying the emergency procurement • authorized by Marana Resolution No. 2009-09 for materials and services necessary to encase and replace the Marana Utilities Department waterline within and in the vicinity of the Union Pacific Railroad right-of--way southwest of the 13900 block of Adonis Road; authorizing the Procurement Director to determine the appropriate procedures; increasing the budgetary limitation for this emergency procurement; and declaring an emergency Discussion: On January 27, 2009 Council adopted Resolution 2009-09 allowing the Utilities Department to move forward with the evaluation and then repair or replacement of a waterline that lies within the Union Pacific Railroad (UPRR) right-of--way southwest of the 13900 block of Adonis Road. Due to the UPRR Double-Tracking project, the town has a window of opportunity to make cost-effective repairs and or replacement of this line. The initial request envisioned extending the exterior casing of the water line and replacing the entire water line that lies within the casing for a budgetary limit not to exceed $100,000 for the project. This water line provides the interconnection for redundancy and additional fire capacity for the north Marana water system and the repair of the line as quickly as possible is necessary for public health and safety. Since January, the Town has evaluated the original options for extension of the casing and replacement of the carrier pipeline. Due to corrosion, staff from the Town of Marana, UPRR and NAC Construction discussed partnership options which would provide a long term solution for the Town of Marana and provide an appropriate structure for UPRR. A new waterline needs to be designed, approved by various agencies and jack-and-bored under the UPRR line with appropriate cathodic protection. The existing, corroded waterline will then be abandoned in place. This will provide a new casing and carrier pipeline and continue to provide the critical infrastructure connection between the east and west side of I-10. The Department is seeking to amend the budgetary limit provided in Resolution No. 2009-09 from $100,000 to $225,000 to complete this emergency repair work. Financial Impact: Regular Council Meeting -May 5, 2009 -Page 8 of 297 • The Utilities Department annual budget includes funding for maintenance and repairs of the water system. In late 2008, the Department reserved $100,000 for unknown contingency expenditures. At this time the Department has $225,000 in available funds for this purpose. ATTACHMENTS: 1~Tan~e: ~ RESO UPRR waterline construction may 2009.DOC Description. Reso for UPRR waterline construction Type: Resoiutian Staff Recommendation: The Utilities Department recommends the approval of Resolution 2009-57, authorizing an emergency procurement to replace the waterline and casing under the UPRR. right-of--way in advance of the UPRR double track project. Suggested Motion: I move to approve Resolution No. 2009-57, authorizing an emergency procurement to replace the waterline and casing under the UPRR right-of--way in advance of the UPRR double track project. Regular Council Meeting -May 5, 2009 -Page 9 of 297 • MARANA RESOLUTION N0.2009-57 RELATING TO ADMINISTRATION; MODIFYING THE EMERGENCY PROCUREMENT AUTHORIZED BY MARANA RESOLUTION NO. 2009-09 FOR MATERIALS AND SERVICES NECESSARY TO ENCASE AND REPLACE THE MARANA UTILITIES DEPARTMENT WATERLINE WITHIN AND IN THE VICINITY OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY SOUTHWEST OF THE 13900 BLOCK OF ADONIS ROAD; AUTHORIZING THE PROCUREMENT DIRECTOR TO DETERMINE THE APPROPRIATE PROCEDURES; INCREASING THE BUDGETARY LIMITATION FOR THIS EMERGENCY PROCUREMENT; AND DECLARING AN EMERGENCY WHEREAS a Marana Utilities Department waterline is located in and adjacent to the Union Pacific Railroad right-of--way southwest of the 13900 block of Adonis Road (the "Subject Waterline''); and WHEREAS the Subject Waterline lies in the path of Union Pacif e Railroad's double- tracking project; and WHEREAS Union Pacific Railroad requires all waterlines underneath their railroad tracks to be encased; and WHEREAS the Town Council adopted Resolution No. 2009-09 on January 27, 2009 to authorize emergency procurement for materials and services necessary to encase the subject waterline before the then anticipated March 2009 completion date for Union Pacific Railroad's site work in this area; and WHEREAS initial investigative work for encasement of the subject waterline revealed substantial deterioration of the encasement under the existing Union Pacific Railroad mainline caused by a lack of cathodic protection; and WHEREAS the lack of cathodic protection has also likely caused the deterioration of the encased waterline itself, which is also a steel waterline; and WHEREAS the subject waterline provides important system redundancy and added fire protection for the San Lucas area; and WHEREAS the Union Pacific Railroad will allow a new waterline to be installed near the current line, with the current line being appropriately abandoned in place; and WHEREAS using the Town's standard procurement procedures will. not allow the required work to be completed in the required time frame; and WHEREAS it is in the public interest to proceed immediately with the required work; and • Regulq~~i~~gz0~a~rT5, 2009 -Page 10 of 297 _ 1 _ WHEREAS it is appropriate and necessary to undertake this work pursuant to emergency procurement procedures authorized Marana Town Code Section 3-4-4. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. Marana Resolution No. 2009-09 is hereby amended and expanded to authorize Town staff to undertake an emergency procurement of materials and services necessary to encase and replace the Subject Waterline in and adjacent to the Union Pacific Railroad right-of--way by using such procurement procedures as determined appropriate by .the Procurement Director, taking into consideration previously obtained informal bids solicited for the work and the limited timeframe for completing the work. Section 2. The total budget authorization for this procurement shall not exceed $225,000, subject to amendment by future action of the Council and/or pursuant to existing budgetary procedures. Section 3. Town staff is hereby authorized to obtain all permits necessary from the Arizona Department of Transportation and Cortaro Marana Irrigation District for any work on the subject waterline that involves right-of--way owned and/or controlled by each of them. Section 4. The Town Manager is hereby authorized to execute all. contracts relating to procurements authorized by this resolution, and to undertake all other actions necessary and beneficial to carry out this resolution and to provide necessary public services to support this procurement. Section 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 5th day of May, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Regulq~~i~~~075, 2009 -Page 11 of 297 _ 2 _ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item C 2 From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-58: Relating to Public Works; approving and authorizing the execution of aright-of--way exchange agreement and an acquisition agreement for the Camino de Marana Roadway Improvement Project, and declaring an emergency Discussion: Marana Resolution No. 2008-44 authorized the acquisition of rights-of--way and easements necessary for . the Camino de Marana Roadway Improvement Project, No. 2001-052 (the Project). Approval of this item would authorize the execution of two agreements that carry out the acquisition of rights-of--way and easements needed for the Project from each of two parcels owned by the Ying Family Trust (the Trust) and identified by Pima County tax numbers 216-23-0720 and 216-23-073C. The Town commissioned appraisals for the two properties. Representatives of the Trust and the Town have negotiated upward adjustments to the appraisals due to the existing access as related to the comparable parcels used by the Town's appraiser. The smaller parcel (2l 6-23-0720) was originally appraised at $1.62 per square foot. Approval of this item would authorize payment of $1.88 -- an increase of $13,700 over the Town's original appraisal. The larger parcel (216-23-073C) was originally appraised at $1.18 per square foot. Approval of this item would authorize payment of $1.52 -- an increase of $28,200 over the Town's original appraisal. A roadway exchange agreement is being used for parce1216-23-0720 because a section of unimproved dirt road will be exchanged to the Trust as part of that acquisition, using the roadway exchange authority granted by A.R.S. § 28-7203. Because the acreage needed from this parcel is larger than the property being exchanged, the agreement requires the Town to pay $41,000 to the Trust in addition to the exchange. An ingress/egress easement will be reserved in the abandoned roadway to provide access to four vacant parcels south of parce1216-23-073C, as required by A.R.S. § 28-7215(A). The Town's standard real. property acquisition agreement is being used to pay $200,000 in just compensation, plus closing costs, for the right-of--way and easements needed from parce1216-23-073C. These agreements are consistent with other acquisitions along the Project, and eliminate the need to move forward with eminent domain proceedings for these parcels. Regular Council Meeting -May 5, 2009 -Page 12 of 297 Financial Impact: The acquisition amounts are within the established Project budget for right-of--way acquisitions. ATTACHMENTS: Name: ~ Reso re Yin~c._Family Trust Acquisition Agreements (00013969-2).DOC ^ Ying Exch Agt with Exhibits.odf ~ Ying Trust acquisition ayreement.40001.451~.PDF Description.: Reso appraving Ying Agreements Exh A to Reso: Roadway Exchange Agreement Exh B to Reso: Ying Trust Acquisition Agreement Type: Resaiution Exhibit Exhibit Staff Recommendation: Staff recommends adoption of Resolution No. 2009-58. Suggested Motion: I move to approve Resolution No. 2009-58, approving and authorizing the Mayor to execute an exchange agreement and an acquisition agreement for right-of--way and easements needed from parcels owned by the Ying Family Trust for the Camino de Mariana Roadway Improvement Project. • :7 Regular Council Meeting -May 5, 2009 -Page 13 of 297 MARANA RESOLUTION N0.2009-58 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY EXCHANGE AGREEMENT AND AN ACQUISITION AGREEMENT FOR THE CAMINO DE MANANA ROADWAY IMPROVEMENT PROJECT, AND DECLARING AN EMERGENCY WHEREAS Marana Resolution No. 2008-44 authorized the acquisition of rights-of--way and easements necessary for the Camino de Marana Roadway Improvement Project; and WHEREAS, the Ying Family Trust and the Town, in furtherance of the objectives established by said Resolution., desire to enter into aright-of--way exchange agreement and an acquisition agreement for rights-of--way and easements needed for the Project from two parcels owned by the Ying Family Trust; and WHEREAS the Mayor and Council find that the terms and conditions of the proposed Roadway Exchange Agreement and Acquisition Agreement are in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Roadway Exchange Agreement and Acquisition Agreement between the Town of Marana and the Ying Family Trust, attached to and incorporated by this reference in this resolution as Exhibits A and B respectively, are hereby approved, and the Mayor is hereby authorized to execute them for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreements. BE IT FURTHER RESOLVED that 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 5~' day of May, 2009. Mayor Ed Honea ATTEST: • Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -May 5, 2009 -Page 14 of 297 .~ e, ROADWAY EXCHANGE AGREEMENT BETWEEN THE TOWN OF 11~ARANA AND THE YING FAMII.Y TRUST THIS AGREEMENT (this "Agreement") is made and entered into by and between THE Town of MARANA, an Arizona municipal corporation (the "Town") and PING-HUA LIN, TRUSTEE OF THE PING FA~.Y TRUST U/D/T JULY 18, 2008 (the "Trust"). The Town and the Trust are sometimes collectively referred to as the "Parties," and each is sometimes individually referred to as a "Par- s, ty. RECITALS A. The Trust owns a parcel of property located along Camino de Mariana, north of Lam- bert Lane within the Camino de Mariana Roadway Improvement Project No. 2001-52 (the "Project"}. B. The Town will be constructing roadway improvements along Camino de Mariana from the new Twin Peaks Traffic Interchange to Tangerine Road • C. The Town desires to acquire from the Trust land needed for the Project as described and shown in attached Exhibits "A" and "A-l," and referred to in this Agreement as the "Acqui- sition Area." D. The Trust desires to transfer the Acquisition Area to the Town in exchange for the ab- andonment in favor of the Trust of a portion of Decker Drive described and shown in attached Exhibits "B" and "B-1," and referred to in this Agreement as the "Exchange Area." E. The Trust plans to assemble parcels 216-23-0720 and 216-23-073C for future devel- opment, to be served by a new internal subdivision roadway system, eliminating the need for a public roadway over the Exchange Area. F. The Exchange Area currently consists of an unimproved dirt road that appears to pro- vide legal access to four vacant parcels south of parce1216-23-073C; therefore, reservation of an ingress/egress easement will be conditional to the exchange and abandonment of the Exchange Area, pursuant to A.R.S. § 28-7215(A). G. The Acquisition Area is 53,305 square feet in size, and the Exchange Area is 31,299 square feet. 'i H. The Town is authorized to exchange right-of-way pursuant to A.R.S. § 28-7203, even where payment occurs due to a difference in the values of the exchanged lands (Mackey v. Ciry of Tucson, 208 Ariz. 527, 96 P.3d 231 (App. 2004). {00012174.DOC/} Regul~g~~~.t~~~~~age 15 of 297 page 1 of 9 12/19/2008 2: SO PM AGREEMENT Now, ~x~~oxE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Exchange of land. An Escrow will be opened with Lawyer's Title according to the terms of this Agreement and the Parties will exchange land as follows: (A) The Trust to the Town. The Trust shall convey the Acquisition Area to the Town. (B) The Town to the Trust. The Town will transfer ownership of the Exchange Area to the Trust. (C) Close of escrow. Closing of escrow for the. items described in this Section shall be on or before the later of (a) 60 days after the date this Agreement is approved by the Ma- rana Mayor and Council or (b) 30 days after receipt of all necessary releases or consents from any Lienholder. 2. Payment of additional just compensation. The Town shall also pay just compensation in the amount of $41,000.00 to the Trust for the value differential between the Acquisition Area and the Exchange Area. 3. Warranty deed for the Acquisition Area. The Trust shall deposit into escrow a Warran- ty Deed conveying to the Town title to the Acquisition Area free and clear of all liens and en- cumbrances and subject only to those matters of record. 4. Deed of abandonment for the Exchange Area. The Town shall deposit into escrow a deed of abandonment conveying to the Trust title to the Exchange Area, reserving an ease- ment pursuant to A.R.S. § 28-7215(A) for ingress and egress for properties that rely on the Exchange Area for access. 5. No salvage. The Trust shall not salvage or remove any fixtures, improvements, or ve- getation located within the Acquisition Area. Personal property may be removed prior to close of escrow. 6. Escrow and prorations. (a) The date of deposit of the warranty deed for the Acquisi- tion Area shall be used for proration of rents, property taxes and other similar costs, (b) as- sessments due for improvement districts shall be paid in full by the Trust prior to closing, (c) property taxes shall be prorated based upon both the date of closing and the size of the Ac- quisition Area. Taxes will be prorated based upon the proportion of the Acquisition Area to the Trust's entire assessed parcel and (d) Town shall purchase title insurance on the Acquisi- tion Area. 7, Possession of land. Possession of the Acquisition Area shall be given to the Town upon recordation of the Warranty Deed. Possession of the Exchange Parcel shall be provided • to the Trust upon recordation of the deed of abandonment. {OD012174.DOC/j Regu~~yg~yy~i~l~l~st 1~3'~~PR~ri~Pease 16 of 297 page 2 of 9 12119/2008 2: 50 PM .~ 8. Environmental representations. With respect to the property owned by it and being conveyed to the other Party pursuant to this Agreement, each Party hereby represents and warrants that, to the best of that Party's knowledge, no pollutants, contaminants, toxic or ha- zardous substances, wastes or materials have been stored, used or -are located on the property or within any surface or subsurface waters of the property; that no underground tanks have been located on the property; that the property is in compliance with alI Federal, State, and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the property. 9. Environmental inspection rights. Each Party shall permit the other to conduct such in- spections of the property as deemed necessary to deternune the environmental condition of the property. If the investigations reveal contamination that exceeds what is allowed under applicable environmental laws and regulations, then the Party to whom the property is to be conveyed may terminate this Agreement. 10. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the Party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by fac- simile (provided that a confirnung copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: TOWN OF MARANA 11555 W. Civic Center Dr. Marana, Arizona 85653-9723 (520) 382-1999 Fax (520) 382-2641 (Fax) If to the Trust: YING-HUA LIN, TRUSTEE c/o Greg Wexler 6088 W. Arizona Pavilions Drive, Ste.l Tucson, AZ 85743-7483 (520) 744-8500 (520) 744-0749 (Fax) All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any Party may change its address for the receipt of notices at any time by giving written notice thereof to the other Party in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 00012174. OC/ Regul ~~~et ~h~dSE~c~~ngeage 17 of 297 Page 3 of 9 12119/2008 2:50 PM I1. Brokers' commissions and fees. The Town and the Trust warrant, each to the other, that there are no fees or commissions owing to any broker or other person for bringing about the exchange contemplated by this Agreement. The Party under whom any claim to a broker or finder fee, commission or other compensation is made in connection with this transaction shall indemnify and hold harmless the other Parry from and against the claim and all costs, at- torneys' fees, witness fees, and other expenses and liabilities incurred in connection with it. 12. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona; and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this s Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or es- tablishing its rights under this Agreement, including, without limitation, court costs and ~ reasonable attorneys' fees. (E) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or in- tent of such sections or articles of this Agreement. (F) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (G) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (IT) This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (I) Exhibits referred to in this Agreement are attached to and incorporated by refer- ence as if set forth in full in this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date ', ~ set forth below their respective signatures. Regul (00012174.DOC/} p e 18 of 297 g f ~~'l'3~s? ~~{c~~~~n ~g Pa e 4 0 9 12/19/2008 2: 50 PM „~ Town: TowN of MARANA, an Arizona municipal corporation By: Date: Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: • Frank Cassidy, Town Attorney {00012174.DOC / Regul~~,~~st ~v1~~~9ngeage 19 of 297 page S of 9 Trust: Y~c-HUA Ln~t, TRUSTEE of the Ying Family Trust u/d/t July 18, 2008 Ying-H Lin, rustee Date: `? ~ ~ q 12/19/2008 2: 50 PM April 14, 2008 Pscmas # 0307403 EXHIBIT A LEGAL DESCRIPTION PUBLIC RIGHT-OF-WAY D-9; 216-23-0720 A portion of the Southeast one-quarter of Section 11, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: COMMENGING at the Southeast comer of said Section 11 being a found 1-114" open iron pipe with a Waif inside; THENCE N 89°29'27" W upon the South line of said Southeast one-quarter a distance of 1580.19 feet to the POINT OF BEGINNING; THENCE continuing N 89°29'27" W upon said South fine a distance of 92,95 feet to the Southeasterly right-of--way of Camino De Manana, as recorded in Book 2 of Road Maps at Page 1, Pima County Recorder's Office, Pima County, Arizona; THENCE N 25°10'27" E upon said right-of way a distance of 670.91 feet to a point of curvature of a tangent curve concave Southeasterly; • THENCE Northeasterly upon said right-of way and urn the arc of said curve, #o the right, having a radius of 1402.50 feet and a central angle of 1°58'02" for an arc length of 48.15 fleet to a point on the Westerly right-of way line of Decker Drive as recorded in Book 23 of Raad fUlaps at Page 40, Pima Gounty Recorder's Office, Pima County, Arizona; THENCE S 01°19'42" E upon said right-of--way line a distance of 6.37 feet; THENCE S 01°22'22" E upon said right-of-way line a distance of 186.45 feet to a point on a line 87.00 feet Southeast of and parallel with said Southeasterly right- of-way of Camino De Manana; THENCE S 25°10'27" W upon said parallel line a distance of 424.68 feet to a point of curvature of a tangent curve concave Northwesterly; THENCE Southwesterly upon the arc of said curve, to the righf, having a radius of 1364.00 feet and a central angle of 3°29'32" for an arc length of 83.14 feet to the POINT OF BEGINNING; f ~~ Containing 53305 sq. ft., 1.2237 acres, more or less; • Ses Exhibit B attached hereto and made a part hereof. Prepared by: Psomas Craig J. Hagood, AZ R.L.S. 25071 E:103074~D31Legslsl5ec.11-7'12S-R12Eiz-!g 216230720 rw,rtf Regular Council Meeting -May 5, 2009 -Page 20 of 297 1of2 _~ 1 N • 0 0 0 U X / ~ 9 /,~- SCALE: 1" = 100' t t t t t 1 P.O.C. SOUTHEAST COR. SECTION 11 FND 1-1 /4° I OPEN IRON PIPE W/ NAIL INSIDE 1580.19' N t N W r N N CV N O ~g a °- ~~ a~ / / /~' ~t / N 89'28'27" W 2701.63' CURVE RADIUS ARC LENGTH DELTA ANGLE Ct 1402.50' 48.15' 1'58'02" C2 1364.00' 83.14' 3'29'32" LINE BEARING DISTANCE L1 N 89'29'27" W 92.95' L2 S 01' 19'42° E 6.37' PSOMAS • p 800 E. Wetmoro Road, Sutte 1t0 Tucson, A2 05719 (520) 292-2300 (520) 292-1290 fax o www.psomce.com 03074-03 DATE: APRlL 14, 2008 • DRAWN 8Y: mrf 2 of 2 EXH181T "A-1 " PUBLIC RIGHT-OF-SAY TAX PARCEL 216-23-0720 A PORTfON OF THE SOUTHEAST ONE-QUARTER OF SECTION 1 1, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA November T8, 200& Psomae ift 03074-03 EXHIBIT B LEGAL .DESCRIPTION DECKER DRIVE EXCHANGE AREA D-9 216-23-0720 A porfioi>i of that properly described' in Docket 463., page: 33p in the southeast one-quarter of Section 11, Township 12 South, Range 1.2 East, Gita and fait River Meridian, Pima County, Arizona,, described as follows: The west i?0 feet. of the east half of the southeast quarter of said Section 11 lying south: of the. new alignment of Camino de Malnana/Dove Mountain Boulevard Extension as shown in the Town of Marana Right of Way Plans, Project No.. 2001-52, further described as follows; COMMENCING at the. Southeast comer of said Section 11 being. a found 1-1/4" open iron pipe with a hail inside,: bearing S 89°29'27" E a distance of 2701.fi3 feet from the south quarter comer of Section 11, a stone marked 1/4 on thee: nar€h. face; THENCE N 89°29'27" W upon the south lineof said Southeast one-quartera distance of 129Q.84 feet to the -POINT OF' BEGINNING; THENCE: continuing N 89°29'27" W upon said. south line a distance of 60.03. feet to the east one-sixteenth corner of the southeast quarterof Section 11; THENCE upon said sixteenth. line N 01.°22'22" W a distance of 460.63 feet to a point. an the: southeasterly tine of said new right-of-way alignment; THENCE upon said right-of=way line N 25°10'27" E a distance of 1.34,25 feet to a point on a line 6x.00 feet east of and parallel wi#h said s'ncteenth fine; THENCE upon said paraNef tine S 01°22'22" E a distance of 582.70 feet to the POINT OF BEGINNING; Containing 31.,299 sq. ft., 0..719 acres, more or less; See Exhibit B atfached hereto and made a part hereof. Prepared by: Psomas ~ ,,,,,. J.O. Teague, AZ R.L.S. 25071 E:IQ3074t031tega1s1Sea11-Ti2S-R12E1216230720 Dacka~Exch.tlf 1 of 2 Regular Council Meeting -May 5, 2009 -Page 22 of 297 Expires 9/30/2010 :~ LINE . BEAR}NG . _. DISTANCE L1 N. 89'29'27" W 60:03' L2 N Of`22`22" W 460.fi3' L3 N 25'10'27" E 134:25' L4 S 01'22'22" E 582.:70' t i SOUTH 1/4 GOR. - SECT}ON 11 r' ,~ _~ ~C3~ J2 Q' O p -T ~~ C =~~20 ~ O~ ~O ~ 4 a Q~ FND STONE X03 MARKED '~" ON NORTH FACE . ~/ /, , J J J EXHIBIT B-1 DECKER DRIVE EXCHANGE AREA o TAX PARCEL 21 fi-23-0720 i p ~ ~ ~ Q ~ A PORTION OF THE SE 1 /4 OF • ~ SOD E. Wetmors Rood s~ita tto SEC. 1 1, T 12 S, R 12 E, r°aa,, ~z eszts GILA AND SALT RIVER MERIDIAN, - (szo) zsz-23oo (szo) zsz-~ zso r°x j wvrv;•psem°°•°°'" PIMA COUNTY, ARIZONA ' Reg~e~~~eeting -May 5, 2009 -Page 23 of 29pA~; 11 ~18~2008 ~ DRAWN BY: SM 1,:29.9 Q. FT. f 00' P.O.C.. UTHEAST COR_ SECTION 11 FTtQ 1-1 /4" OPEN IRON PIPE IN/ NAIL INSIDE. .O.B: 1290.84' ----- ~. SCALE: 1" = 100' 2of2 N 89'29'27" W 2701.63' PUBLIC WORKS DEPARTMENT ACQUISITION AGREEMENT This Agreement is made by and between Ying-Hua Lin, Trustee of the Ying Family Trust u/d/t July 18, 2008, ("Owner"), and the Town of Marana, an Arizona municipal corporation ("Town"}. Property and Acquisition Amount. The Owner owns the property described in instrument recorded on August 13, 2008, in Docket 13369 at Page 86, in the Pima County Recorder's Office (the "Property"), including all improvements located thereon (the "Improvements"). The Town has determined the need to acquire permanent property rights from the Owner including fee title to public rights-of--way, described in Exhibits "A"and shown on Exhibit "A 1 ", as well as a Drainage Easement across the properly as described in Exhibit "C" and shown on Exhibit "C-1". A Temporary Construction Easement as described in Exhibit "D" and shown on Exhibit "D-1 ", is also needed. Collectively all the rights to be acquired will be referenced as the acquisition areas throughout this Agreement (the "Acquisition Areas"). In lieu of court proceedings to acquire the Acquisition Areas by eminent domain, the Owner agrees to sell and the Town agrees to acquire the Acquisition Areas for the total sum of $200,000.00 (the "Acquisition Amount"), subject to the terms and conditions set forth below: $131,069.69 Fee Simple Acquisition Amount $609.77 Drainage Easement $131,679.46 Total Permanent Property Rights $349.67 Temporary Construction Easement $67,900.00 Severance Damages $29,200.00 Administrative Settlement $199,929.13 Total Just Compensation $200,000.00 Total Just Compensation (Rounded) $4,161.00 Estimated Closing Costs $204,161.00 Total Not to Exceed Amount 2. Risk of Loss for Damage to Improvements. The Owner shall be responsible for the risk of loss for any and all damage to the Improvements located on the Acquisition Area prior to close of escrow. 3. Warranty Deed. The Owner shall deposit into escrow a warranty deed conveying to the Town title to the Acquisition Areas described in Exhibit "A" and shown in "A-1 ",free and clear of all liens and encumbrances and subject only to those matters identified. in Exhibit "B". • Marana Mayor and Council Approval: Resolution No.: 'L008-44, Dated March 18, 2008 S 11 /1" 12 S !R 12 E Project Name: Camino de Manana Roadway Improvement, Project Na. 2001-052 ParceE No. 216-23-073C Revised Acquisition Agreement for Ying Trust ~d of ~q7 Page 1 of 5 Regt~~~pp4rb~t~flg~ilggw~ol~A~a`)na\~5~~to`Ors -Oraltgh8\Owners Files1C30 - Yng Family Trust (073C)Wcquisi6on DocumentsVwS Acquisition Agreement 10-3-08.doc Revised 03/21/05 FC:MF 4. Easement Documents. Upon execution of this Agreement the Owner shall deposit into escrow, .documents in a form acceptable to the Town, granting to the Town a permanent Drainage Easement. and a Temporary Construction Easement over the Acquisition Areas, described in Exhibits "C" and "D" and shown on Exhibits "C-1" and "D-1 ", subject only to those matters identified in Exhibit "B". 5. No Salvage. The Owner shall not salvage or remove any fixtures, improvements, or vegetation located within the Acquisition Areas. Personal property may be removed prior to close of escrow. 6. Escrow and Prorations. The Acquisition Amount shall be paid in #ull at closing. (a) The date of closing shall be used for proration of rents, property taxes and other similar costs, (b) assessments due for improvement districts shall be paid in foil by the Owner prior to closing, {c) property taxes shall be prorated based upon both the date of closing and the size of the Acquisition Area, and {d) Town shall purchase title insurance on the Permanent Property Rights as defined. 7. Security Interest. Monies payable under this Agreement may be due holders of notes secured by mortgages or deeds of trusts ("Lienholders"), up to and including the total amount of unpaid principal, interest and penalty. Those sums shall, upon demand, be paid to the Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer and consents for any transfer of an easement for the Acquisition Areas. 8. Possession and Closing. Possession of the Acquisition Areas shall be given to the Town at the date of closing. Closing shall be on or before the later of (a) 30 days after the date this Agreement is approved by the Marano Mayor and Council or (b) 30 days after receipt of all necessary releases or consents from any Lienholder. 9. Environmental Representations. The Town and the Owner agree that neither party is assuming any obligation of the other partyy relating to any potential liability arising from the environmental condition of the Acquisition Areas. Each party shall remain responsible for its obligations as set forth by law. The Owner hereby represents and warrants that, to the best of Owner's knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or {orated on the Property or within any surface or subsurface waters thereof; that no underground tanks have been located on the Property; that the Property is in compliance with all Federal, state and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property. 10. Environmental Inspection Rights. The Owner shall permit the Town to conduct such inspections of the Property as the Town deems necessary to determine the environmental condition of the Acquisition Areas. If environmental inspections do not speafically identify contamination but indica#e a potential for contamination and recommend further testing or inspection, the parties hereby agree to extend the date of closing to at least 30 days after the report until such additional testing or inspection is completed on behalf of Town. If any environmental inspection reveals the presence of contamination or the need to conduct environmental clean up, the Owner shall remediate all contamination within the Acquisition Areas adequate to bring it into compliance with all applicable Federal, Sta#e or local environmental regulations prior to Closing or the Town may terminate this agreement. • Marana Mayor and Council Approval: Resolution No.: 200$-44, Dated March 18, 2008 S 11 /T 12 S /R 12 E Project blame: Camino de Manana Roadway Improvement, Project No. 2001-052 Parcel No. 216-23-073C Revised Acquisition Agreement for Yng Trust p r,~ Page 2 of 5 Regt~c~9~~~~'~cN,~a,o~~rana\Cameo~eliAanana\OwnersFiles1C10-rn Famil Trust D73CWc uisitionDocumentsViS g y ( ) q Acquisition Agreement 1D-3-08.doc Revised 03/21/05 FC:MF 11. No Leases. The Owner warrants that there are no oral or written [eases on all or any portion of the Acquisition Area. 12. Broker's Commission. No broker or finder has been used and the Town shall owe no brokerage or finders fee related to this transaction. The Owner has sole responsibility to pay all brokerage or finders fees to any agent employed. 13. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid by theTown. 14. Right of Entry. This agreement grants the Town, its employees, agents, and consultants, the right to enter the Property for purposes of inspection or testing related to the Project effective as of the date this agreement is signed on behalf of the Owner. This Right of Entry shall terminate when the Town takes title to the Acquisition Areas or in 180 days, whichever occurs first. 15. No Sale. Owner shall not sell or encumber the Acquisition Areas prior to close of escrow. 16. Conflict of Interest. This Agreement is subject to A.R.S. §38-511 which provides for cancellation of contracts by the Town of Marana for certain conflicts of interest. 17. Survival of Representation and Warranties. All representations and warranties contained herein shall survive close of escrow. 18. Relocation Benefits. The Town acknowledges that Owner may be entitled to relocation benefits pursuant to Arizona Revised Statutes §11-961 et. seq. 19. Entire Agreement. This signed document shall constitute the entire Agreement between the parties. No modification or amendment to this Agreement shall be binding unless in writing and signed by both parties. The performance of this Agreement constitutes the entire consideration by the Town, including just compensation for the Acquisition Areas and severance damages to any remainder property and shat! relieve the Town of all further obligation or claims relating to Property. 20. Exhibits. Any exhibit attached to this Agreement shall be deemed to be incorporated by reference with the same force and effect as if fully set forth in the body of this Agreement. • Marana Mayor and Council Approval: Resoiutian No.: 2008-44, Dated March 18, 2008 S 11 !T 12 S !R 12 E Project Name: Camino de Manana Roadway Improvement, Project No. 2001-052 Parcel No. 216-23-0730 Revised Acquisition Agreement for Ying Trust MMeeee}}'~ a]~ ~~3y ~~~~~~ 8a~~ f, Page 3 of 5 Regul~r~~~lrole6fs\R1gTinGt Way~owt~ of~Jfa9ana\Cam~ino~e Manana\Owner; Fles\C10 - Yng Family Trust (073C)V+cquisition DocumentslAS Acquisition Agreement 103-08.doc Revised 03/21/05 FC:MF 21. Council Approval. This Agreement is subject to approval by the Town Council of the Town of Marana. • Yjng-Hua Lin, Trustee of the Yng Family Trust u/d/t July 18, 2008 ~ .. Ying-Hua in, T tee Town of Marana, an Arizona municipal corporation eith Brann, P.E., Town Engineer Date: .~-9'-~ 9 Approved as to form: Frank Cassidy, Town Attorney Marana Mayor and Cauncii Approval: Resolution No.: 'L008-44, Dated March 18, 2008 S 11 fT' 12 S /R 12 E Project Name: Camino de Manana Roadway Improvement, Project No. 2001-052 Farce! No. 216-23-073C Revised Acquisition Agreement for Yng Trust Page 4 of 5 Regu~~aa~~ OunCil MEe}in May 5, 009 - Paae 27 of 297 G32 7 ProtecEs\Rigfit ~ Way\Tixm o7 Marana\CaTfiino De Manana\Cwmers Fifes\C10 -Ying Family Trust (073C)Wcquisition Documents\AS Acquisition Agreement 10-3-08.doc Revised 03/21/05 FC:MF STATE OF - ) n ' ~ ) ss: County of `f? 1~ ) • The foregoing instrument was acknowledged before me this ~ day of ` "~~ 2008 by Ying-Hua Lin, Trustee of the Ong Family Trust uld/t July 18, 2008. In Witness Whereof, I have set my hand and official seal. ~~t~i~(tGAS i Notary Public. State oiArizona otary Public Pima Gounty My Commission Expires ' September 09, 2011 Marano Mayor and Council Approval: Resolution No.: 2008-44, Dated March 18, 200$ S 11 !1' 12 S /R 12 E Project Name: Camino de Manana Roadway Improvement, Project Na. 2001-0~2 Farce! No. 216-23-073C Revised Acquisition Agreement for Ling Trust aav~ ~~ (n1(n1qq ppap pp ~~{{ Page 5 of 5 Regu~~~l~C~~L'e~1~ W~yifB~V ~lifiaFanalCatnlno 1?e-FAanana\Owners Files1C10 e Yinc Family Trust (073C)L4cquisition DocumerNslAS Acquisition Agreement 10-3-D8.doc ~1 w8 Revised 03!21/05 FC:MF EXHIBIT "A" . ~ ~ March 4, 2008 . Right of Way • Tax Parcel Noss. 216.23-0730 (C- !O~ 'That portion of the parcel d"ascribed in Doc(a~ 6210 at Page 825, rewords of the Pima Cou~-, Arizona recorder, located in the southeast ono-gnarter of the southeast one-quarter of Section 1 t, Towa~hip 12 South, Range 12 Bast, Gila and Salt River Meridian, Pima County, Arizona, lying northwesterly of the southeasterly right of way of Camino do IvIanaffa as propo~d by the Town of Marana's project No. 2001-52 descn'bed as faltows: Beginnlag at the northeast comer of the parcel described in DockaE 6210 at Page 825, also being the northeast corner of the sou@>east one-quarter of the southeast one-gnarbar of Section 11, from which southeast coraex of Section 11 bears S02°02'10"B, thence N89°54'28"W, along the north line of the parcel, a distanoa of 327.83 . feet to the point of beginning on the proposed southeasterly right of way; thence continuing slang the north.liae of the parcel, N89°54'28"W, a distance of 124.20 feex to a point on the southceaterly right of way of Camino do Meaafia as it exists; .,: _ thence along the wcisting of way, S67°OG42"W, a distance of 357.43 feat to the beginning of a tangent corn concave to.tite soudreast; . thence southwesterly along the curve having a radios of 686.80 feet sad a central angle of 24°55'02", an arc distance of 298.68 feet; ihorxx S42°11'40"W tango~nt to the curve, a distance of 238.18 feet; therx;e S34°10'56"W, a diststuce' of 68.79 feet to the beginning of a tangent curve concave to the southeast; thatoe southwast~arly along the curve having a radius of 1402.70 feat and a oontral'angle of 2°55'50", an arc- .. • distance of 71.75 foal to the west line of the parcel described is Docket 6210 at Page 825; `thence SOl°20'S4"B, a dtstance of 146.28 feet to the proposed right of way of Camino der Manatia; thence along the proposed right of way, N25°107"F, a distance of 91.35 feet to the beginning of s tangent curve , concave to the sourtheast; - thrnce norttuastar~ty slang die curve having a radios of 880.00 feet aa~d a cx+ntral angle of 4 t°56'15", an aro distance of 644.11 feet; - _ thence N67°OG42"l"s tangerit m the curve, a distance of 196.11 fuel to the begintrrog of a tangent curve concave to _ the northwest; .- thence northeasterly along the curvshaving a radius of 1030.00 feet and a central angle of 16°40'36", an arc distance of 299.80 feet to the Point of Hetiiiaingi . • Coatairiiug, as a corollary, approximately 1.9829 acres, 86373 square feet, . Prepared for • • The Town of Marano by , Pt+~ect No. 03074-03 . r ~ ' •Cl10 I oft 216230730-CIO-RW A.doc Regular Council Meeting- May 5, 2009 -Page 29 of 297 EXIIIBIT "A-1" ~ -~ P.O.C. ~ FOUND 1 /2" STEEL -KEBAB w/ rAG -r . SCALE: t" ~ 400' "LS 13178`. •~NT PL '~ L i • i i P.O.B. ~ N 89'54'28" W • 327.83' I . N Q2'02'tO" I 1344.54' ~;. 2i 6-23-073C• FND 1-t/4" '' OPEN PIPE 1 ~ w/NAIL INSIDE 14 13 •i • .. ~ ~ iN ' ~1 f'L PL PL ._ ~ ` ~ ~ ~~~~ ~ 6~ ~ e a ~=24~35b2" 0~~1t~ •R=103Q00' E °' I ~ ~ !~ 6 ~9g,1~ ~16'4O'3S' ~ 1 ~ /" S =-- -- - S 4211'4' W /~ E'°'"' , 238.18 88,373f S 34'10'5C' W L=644.11' ;SQ. FT. , L~7f.75'~~( V79'' ~~ 4a 14 '56'14" O ' R=1402.70` ~ • ~=02~5'S0" 216-23-073C P~ s or2o-~~ , l 0 148.28' N 25'10'27" E ~ . ~~J 1. 9t.35' ~ ~ ' . ~ -.. ~~ ~~f N :~//1~. _ N .. ' ~'~~ -~ ' y ~ '' ci ~ ~~~•MA~ !N E~ 9Ni, Si 1~ u , t~ SiB-2s-079G ~` ~ ~~ S~ 292-~ u1-~tS RIGST-OF-I-AY "A~" (C-10) o ,,~~ A PORTION OF THE SE i/4 OF SEC, .11 • GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA 03074-03 DATE: 3/13/08 ~ DRA'4VN BY: LR pj, ~ ~ a ~; Hegwar council nneeting -May 5, zoos - Nage 30 or zs i EXHIBIT "B" Fite No. 06159008 scHEDU~E s - st~noN a ExcEr~ons Schedule B of policy or policies to be issued wiN contain exceptions. to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records cr attaching subsequent to the Effective Date but prior to the date the proposed insured acquires. for value of record the estate or Interest or mortgage thereon covered by this Commitment. 1. .TAXES for the year 2008, a Iten not yet due and payable. 2. RESERVATIONS contained in the Patent from the United States of America, reading as follows: itESERVED from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States of America. Excepting and reserving, however, to the United States. aU the coal and other minerals fn the lands so entered and patented, together with the right to prospect for, mine, and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat., 862) 3. Established and/or existing roads, roadways, highways, rights of way and easements, with particular reference to EI Camino de Manana in Book 2 of Road Maps at page 2. 4. Resolution and Order No. 1992-203 of the Board of Supervisors of Pima County, authorizing the execution of the instrument referred to below: Recorded October 28, 1992 Docket 9406 Page 102E END OF SCHEDULE B -SECTION II ~. Page 6 of 14 Regular Council Meeting -May 5, 2009 -Page 31 of 297 EXHIBIT "C" - ~ March 14, 2008 ' Draiaege Easement Tax Parcel Nos, 216-23-073C A portion of ells panxl descclbod in Docket 62 i 0 at Page 82,5, retards of the Pima County, Ariaone recorder, looatod inthesoutheastone-quarter of the southeast one-quarter of Ssct~n 11, Township 12 South, Range 12 East, Gila and Silt River Meridian, Pima County, Ar'ravnna, lying southeasterly of the right of wry of Camino de Mana6a as proposed iry the Town of Marana'a project Nq.2001-52 described as follows:. Commencing at the northeast corns of We parcel described in Jbcket 6210 at Page 825, :lac being the norWeast comer of the ono-quatt~ of the sauWeeat one~qu~er of Seatien 11, from which southeast oorn~ of E Sectax- i l beers S02g02' 10"$ thence N89°54'28"9V, slang the north .ime of the pares}, a dista~e of 327.83 feet to the pr~osed saotheasterly right of way being a n~-tan~t caws concave to !hs northwest havlag a radius of 1030.00 feet and from whioh the center bears N39°33'S4"W; theaca soulhvvesterly along the euiva, through a central eagle of 1°39'48, an arc distaaae of 29.90 fret to the Point ;; of BE~(altltl~ ' thence continuing aartbwest~ly along the 1030.00 foot radius crave, throngh a central eagle of 1 °58'26", as arc distance of 35.48 feet thence 335°55'41"E radial to the curve, a distance of 15.00 feet to a point on a conosntrio curvy having a radius of 1045.00 , ' thence nmtbeasterly, abng the curve, through a certtraf angle of 1 °S8'26", an are distance of 36.00 feet; the N3?°54'06°W, radial to the curve, a distance of 15.00 feet to the Polar of Beglatting: Containing, as a corollary, approximately 0.0323 acres, 536 scjuara feat. The Town of Marana by Project 1Vo. 03074-03 . E~EIiIBIT "C-1" •i • r P.O.C. ~ , FOUND i/2" STEEL REAR ~ ~ ~ W/ TAG ~ i SCALE 1" =4,00' "LS 13178'. BENT / PL ' L ~-~ 1 • _ .~• ' ~ ~ /~ ' p.o.a. ~ ~~ • ~ N 89'54'28" W ~ 327.83` ` N 02'02'10" W l ~P ` 1344.54' 216-23-073C V o~,~~.a~ .~ • • I _~~~~ i FND t-t/4' c OPEN PIPE 1 1 W/NAIL INSIf?E t 4 ) , L PL PL PL- L=29:90' ~. R=103800' ~ . ~ ` ~=f 39'48' ~ ~ ~ P:O.B. L=35.48' ya • "R=1030:00' . d=1'58'26' ~`F ~0a+. ,. ~ 536E . -~ y SQ. FL. ~ .:f ~. ~ ~~ - _, >. ~:. 0 M ~ N ID W/W N'' ^I . r~ . - L=36.00 .~ ~=01'58'26' 0 216-23-0730 _ . '~ EXHIBIT "D" . 14tat+ch 4, 2008 Temporary Co~edcat l?asemeat Tax Parcel Nos. 216-23-073C A portion of the pares! descxtbed in Docket 6210 at Page 825, records of the Pima Comity, Arieona recorder, ioc~ed in the southeast om~quarber of the southeast one•quattet' of Section 11, Township I2 South,• Range 12 East; ails and Salt River MaIdian, Pima County: Arizaaa, lying sontlteaefArly of the rigs of way of C ~ Manatia as proposed by the Town a1' I1Sarana's project No. 2001-52 described as follows:. ,~ ~ • Commesdng at iim northeast comer of the parcel described in Rocket 6210 at Page 825, also Ding the northeast corner ~ the southeast oiie•qusrtce of the southeast one-gnerter of Section 11, from wldch Est corner of ~ Sedion I i"bears 502°02' I0"E, thence N89°54'28"W, along the aortti ling of the parcel, a distance of 327.83 feet tb the proposed southcesta~Iy right of way being a non~angoat curve concave to @m northwest having a radius of 1030.00 feet, a central angle of 16°40'36" and from which the cemttir bears N39°33'S4"W; ` thanes sottthwesterly along t1xi curve, aa'erc distance of 299.84 feet; ~ - thence S67°OG42"W tanger-t to the `curve, a distance of 196.11 fcet to the begiac~g of s tan~t curve concave to the sou#hessty th~ce southc~-esterly along rim curve having a radius of 880.00 feet and a cenf:si angle of 37°13'29", an arc ~ distance of 571.73 feat to the Point of Begitaaing; a - thetioa continuing along tits arc ofthe 880.00 radius cutva, tlttough a central angle of 2°45'52", an arc distance of 4246 . ' ~ tb,atee S53°06'S7"E, a distance of S 1.55 feet; ` € thence N36°53'03 "F, a disim~ce of 42.00 feet; , • titenoe; N53°06'57"W, a distance of 57.74 feet to th$ Point of Bepsning; ` Containing, as a corollary, approximately 0:0529 acres; 2302 squats feet. . . ,. The Term of Mararlia by ~; PsoRM,~~~ ~ - Project No. 03074-03° +^ - 0110 ~ I oft 2I623073GC10-TCB A.doc egu ar ounce ee ins - ay - age o EXIIIBIT "D-1" ~ P.O.C. . FOUND 1./2' STEEL REBAR _ W/ TaG SCALE: 1" ~ q.Op' "LS 13178", BENT PL '~ ~ .. ' , , ,_ ~ N 89'54'28" W 327.83' . ~ N o2`02'1a° w t p,p,B; 134a.5a' 216-23-073C FNQ ~1-1/4" OPEN PfPE 1 1 . W/AIA1L . rNStOE 14 13 • . PL ~ F '1d ~ 7d scALE; ~~ ~ oo' ~ ~. .~ ~~ ~ PL PL i i //A~ V1 1 •/ ~ 4 b N T t -~ PL • ~L~571.73 ~ ~ R•890 00' w h=3Ti~'29" .~ P.0 B. ~sE~ DETaL A ~_ ., H / ~ ~ N y ~ /t l N ~I 89'54'2B" Wj~ / 327.83' ~' L=299.80' R=1030.00' L~16'40'36R ~y ~oss~ AREAm ?~'~C~.~ .. !~ ~. 1r saoo~o~-'~.~ ~o>a~t coxs~vc~ox Eas~~rrr ,~ (c-ion , . c ~,~ A PbRTION OF THE SE 1/4 OF SEC. 1'I n CILA & SALT RNER MERIDIAN, PIMA COUNTY, ARIZONA o 03074-03 : DATE: 3/13/08 • DRAWN BY: LR ~, g ~ g W Regular Council Meeting -May 5, 2 0 - age o 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Community Building Item C 3 Subject: Resolution No. 2009-59: Relating to Development; approving and authorizing an amendment to the inmate classification criteria for the Marana Community Correctional Treatment Facility Discussion: Marana Community Correctional Treatment Facility (MCCTF) provided a presentation for the proposed modification of inmate criteria to the Mayor and Council on February 10, 2009. MCCTF is proposing to update and extend the inmate criteria allowed to be housed at the Marana facility. All eligible inmates would be classified as minimum custody, inmates would have sentences of five years or less and the specific exclusions pertaining to felony convictions (serious offense), history of sex offense, medical or mental health needs would still continue to be not allowed. As presented at the February 10th meeting the justification for the request is based on updating the criteria to match the existing Arizona Department of Corrections classification, the fact that they could not find enough inmates who meet the current criteria, average count in 2008 was 92 percent occupancy and desire to expand the facility in the future. The current facility was constructed in 1994. The facility is located westerly of Sanders Road on the north side of Silverbell Road. Currently contracts with the Arizona Department of Correction for a current maximum number of inmates of 500. Since the opening in 1994 the facility has not had an escape or major incident at this location. ATTACHMENTS: Name: Description: Type: ~ Resolution 2009-XX Marana Community Correctional Resolution Resoiutian Treatmen_.t_Facili~.doc ~ MTC~df Locational Information Backup Material ^ MTC 2,.pdf Locational Information Backup Material Q Powerpoint for Council Meeting February 10th.,ppt February 10th presentation Backup Material ~ MCCTF Proposed Criteria Change to Town Council.doc LNho v~ill qualify far placement Backup Material Regular Council Meeting -May 5, 2009 -Page 36 of 297 Staff Recommendation: Staff recommends approval of the proposed changes in the inmate classification criteria. Suggested Motion: I move to approve Resolution 2009-59, approving and authorizing an amendment to the inmate classification criteria for the Marana Community Correctional Treatment Facility. • Regular Council Meeting -May 5, 2009 -Page 37 of 297 J MARANA RESOLUTION NO. 2009-59 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING AN AMENDMENT TO THE INMATE CLASSIFICATION CRITERIA FOR THE MARANA COMMUNITY CORRECTIONAL TREATMENT FACILITY WHEREAS, The Marana Community Correctional Treatment Facility (MCCTF) is requesting an amendment to the existing inmate classification criteria to be consistent with the changes in criteria for the Arizona's .Department of Corrections new minimum custody classification system. This change would replace the previous numbered level system (Level 1 and 2) with a custody level of "MINUMUM". The maximum years of incarceration shall be five years; and WHEREAS, on June 28, 1993, the Town of Marana approved the original Significant Land Use Change Application for the MCCTF, allowing only inmates convicted of a driving under the influence of intoxicating liquor and/or drugs. The approval was for 350 male and 100 female inmates; and WHEREAS, on November 3, 1994, the Town of Marana approved an amended Significant Land Use Change to allow only inmates who require drug and alcohol treatment who have a public risk score and institutional risk score no higher than a level 2 (minimum security) and be housed for a maximum of two years; and WHEREAS, the Marana Mayor and Town Council, at their regular meeting on May 5~', 2009, determined that the changes in inmate classification criteria to custody level "minimum" with a maximum of five years incarceration for the Marana Community Correctional Treatment Facility should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the changes to the Marana Community Correctional Treatment Facility inmate classification criteria is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5~' day of May, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -May 5, 2009 -Page 38 of 297 i• • r r~~ r~ ~ r~ I c J fQ O 0 fy0 C N ap C ~ `p L ~ m ~ ci L ~ ~ ~ 'co ~ o c c ~ m is o~ m- ~_- 3 3 N J Z c~ ~ Q N Q I~ H '~ o U m 1 rn y c c c a s y aoi aoi :-° ~~ m~ Q L L z~ ~wU~ininma~~ ~ • ~ '' ~ +~ 7 .'Syw r . r ~ r ~ ~ sc" ~ ~ k ik 4 +~ *. - -- °-s^- ~~ __~ ~m~ ~ RRo ~°n °- N ~ N p~ m n ~~- c '°'o Rod E~,E ~~~ ~ ~ o N ~M ~ O C'3 C) i4 W ~ °a T~ M O ~ o ~ N ~ d ~ ~ ~ g ~~ d 0 C C T ~ ?,NN O ~= E N dE~ ~ ~~~ odE~l ~c~m~ O d o ~ ~ ti mar c uric ~ o~~O~ N~ N ~OGtiC 3"n~ aN ~~ m ~ E -°c f4 y ~ _ ~ r~~~ ~' C~ T ~r, ~~~~ o z°O~ °~ • • i• I r~ 1 r L. l ~+ .~ LL ~.+ ~+ `L r /O ^V W L L U c E U i t~ L y N ~ tp y C ,.yam ~ ~ ~ p C (p Q `p L .C m J G1 ~ C ~ ~ ~t6 _ Q. 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L: ~ FF~~~ ~ ~I C~ a N ~ ~ .~~ ~ V S.w ~ `~ ~` Qr ~ ~ ~ y ~ ~ ...nn ~ ~+4J ~ ~ S r ~ ,l V ~ ~ ~ --f ~ , V • f Q ~ Cn O ~ U iNr '~ ~ C/~ O .' ' ,l .--r S-'- ~ ~ ~ .Si V] ~ ~ ~ C~ U'" ft1 ~ M ~i ~ ~ Qr ^r U ~ ~ ~ y ue N L ~ ~ ~ ~ 4-~ ~ ~ • ~ cd ~ ~ ~ y y,,, O " ..O O U i . N „~ ~,., Sr ~ O " s , ~ U bA M ~ ~ Q" O ~ ~ U ^' " ~ ~ ~ cd ~ ~ ~ ~ ~ ~ ~ ~ U ~ O ~ ~ bA ~ U ~ ~ ~ ,.O ~ ~ ~ ~ ~ ~ O ~ ^~ ~ ~ ~ ^ ~ r--~ ~ ~ ~ ~ ~ O ~~., a. ~ ~ a O N N ~ '~ ' ~ y ~ .~' ~' ~ ~' ~~ U ~ ~ ~ O 3 fl. ~ ~ ~ O O N ~ v' ~ >~ z, ~ O '~ ' ~ ~ v~ ~ ~ ~ ~ ~ N r N ~ ~ N >~ py ~ Q Q .~ U ~ v, cH ~ ~ U O ~ .~ .~ 4. ~ ~ .~ ' i ~ ~ y cd ~ 4~ -~ ~ N ~ ~+ h' O N v ~ ~ ~ ~ U ~ ~ DD '~ ~ ~ .~ ~ ~ C/~ -~ Q , . M c ~ > cd s , . , -+ . - Regular Council Meeting -May 5, 2009 -Page 63 of 297 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council From: Strategic Plan Focus Area: Not Applicable Item C 4 Subject: Minutes of the April 21, 2009 special council meeting and the April 21, 2009 regular council meeting Discussion: ATTACHMENTS: • Name: ^ 04-21-2009 Special Minutes.doc D 04-21-2009 Minutes.doc Staff Recommendation: Suggested Motion: Description: G4-21-20G9 Specia( Minutes G4-2 i-2009 Regular Minutes T~•pe. Backup Material Backup Material Regular Council Meeting -May 5, 2009 -Page 64 of 297 SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, Apri121, 2009, at or after 6:00 PM Ed Honea, Mayor, present Herb Kai, Vice Mayor, present Russell Clanagan, Council Member, present Patti Comerford, Council Member.. present Carol McGorray, Council Member, present Jon Post, Council Member. excused Roxanne Ziegler, Council Member, present SPECIAL MEETING CALL TO ORDER AND ROLL CALL All present with Council Member Post excused. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. APPROVAL OF AGENDA Motion by Council Member Comerford, second by Council Member McGorray. Passed 6-0. CALL TO THE PUBLIC. COUNCIL ACTION GENERAL ORDER OF BUSINESS BOARDS, COMMISSIONS AND COMMITTEES B l: Discussion/Direction concerning appointment to the Planning & Zoning Commission EXECUTIVE SESSIONS Motion by Council Member Comerford, second by Vice Mayor Kai. Passed 6-0. 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. • Regular Council Meeting -May 5, 2009 -Page 65 of 297 • E 2: Executive session pursuant to A.R.S. § 38-431.03 (A)(1) for discussion about and interviews of prospective Planning Commission member candidates Candidate selection will be made during the regular meeting. ADJOURNMENT The executive session ended at 6:45 p.m. Council did not return to the dais until the commencement of the regular meeting. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Special Marana Town Council meeting held on April 21, 2009 at 6:00 p.m.. I further,,-ertify that a quorum was present. Jocelyn C. Bronson, Town Clerk • Regular Council Meeting -May 5, 2009 -Page 66 of 297 • REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, Apri121, 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 AGENDA Motion by Council !llembef~ McGorrav, second by Council Member Ziegler. Passed unanimousl}~. CALL TO THE PUBLIC David Morales addressed Council as the ethical, moral compass for the town. Phyllis Farenga addressed Council regarding a questionable mailing regarding a Kelle Maslyn, a candidate for the Council. Kelle Maslyn spoke regarding the Comcast Cares Day on Saturday. It is the biggest event for Comcast nationwide. Their projects will be the Habitat building and cleanup in Honea Heights. The time will be from 7:30 a.m. - 2:00 p.m. Dan Post, chairman of the Board of the CMID, CWUA addressed Council regarding the settlement and resolution of the outstanding issues between CMID/CWUA and the Town. He thanked the leadership of the town for their efforts in this regard. He hoped the town and CMID would be able to work as partners on future projects that would benefit both organizations. Ed Stolmaker reported on sales and sponsors for the State of the Town . breakfast on Friday, April 24. He also reported on the Chamber's Education Committee which sponsors Principal for a Day which enables I6 businesses for shadow principals Regular Council Meeting -May 5, 2009 -Page 67 of 297 within the Marana Unified School District and the critical connection between the Chamber and the school district. Sharyl Cummings addressed Council regarding enforcement of rights regarding Saguaro Ranch. She presented a letter dated May 1, 2009. She continued regarding the blocking of a disputed easement and the resulting actions involving policing procedures. She concluded by thanking the town and the prosecuting attorney who removed the charges of criminal trespass imposed by an officer unfamiliar with the issue. John Stevens spoke regarding the house he bought in Sunflower and the problems he has encountered with inspections and construction. His concern is with tie company that built the homes and asked for any help that Marana can give to correct`that. PRESENTATIONS P 1:. Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 5 -Work Rules Suzanne Machain presented the first read of Chapter 5 the Town's Personnel Policies related to work rules. She noted that strikethrough versions «-ere not presented because of the challenge it would have created due to the number of changes. She indicated that she would point out the substantive changes. Council Member Ziegler asked how she would be able to determine what the changes are. Ms. Machain responded and said she would be happy to sit with her and go through each section with her. In the revised policies there are new sections 5-7 and 5-8. Feedback is still being collected from employees which will be presented during the second readilig of the policies. Minor and clarifying changes were made to Hours of Work (5-1). Ms. Machain directed Council through the changes in the slide presentation. With respect to Section 5-6 regarding Personnel Action Review Board (PARB), this procedure was streamlined from seven steps to four steps. Hearings will be held in public session unless the PARB votes to go into executive session. Also addressed are back pay, board composition and the role of the Human Resources Director. Employees were involved in the discussion process and some ideas ~-ere incorporated with regard to composition. Employees were in favor mostly of a combined citizen and employee panel and a pool of alternates which would eliminate a conflict of interest. A survey indicated that out of 14 jurisdictions, only four have employees on their appeals boards. She then outlined the options available for Council consideration. Ms. Machain further outlined what disciplines are subject to appeal. Relative to the Board decision, a recommendation is that the board decision should be advisory with the final decision resting with the Town .Manager. There was mixed reaction from employees on this topic. Fifty-seven percent of cities surveyed reported that the Manager was the final arbiter of the decision. Ms. Machain asked for questions, dialog or direction as to where the decisions will be made on the PARB composition and final authority. Mayor Honea asked for a synopsis of the major changes that were made. Ms. Machain agreed to do that. Council • Member Comerford concurred with the Mayor, and asked for the strikeout version. She also asked for the results of the employee participation. Council Member McGorray Regular Council Meeting -May 5, 2009 -Page 68 of 297 also requested the strikeout version. Council Member Ziegler asked questions about the process for asking for an appeal of a termination.. Council Member Clanagan spoke to the amount of time that employees are out of their work assignment if serving on the board. He also asked how many hearings have been held in the past five years. Ms. Jane Fairall addressed Council Member Clanagan's question. Motion by Council Member Comerford, second by Council Member Ziegler to direct staff to bring back Chapter S Work Rules to Council on May 5, and further to direct staff to provide Council with a "track changes" version of the policy prior to May 5. Passed unanimously. Town Manager Davidson stated that the "track changes" version would be in the packets for the Apri128 special meeting. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan announced the bicycle Tour of the Tucson Mountains this weekend and encouraged participation. Council Member McGorray stated what a good time she and her family had at Marana Under the Stars in the park. Council Member Comerford also attended Family Night and said it was a great evening. With respect to the Parks & Recreation Commission meeting-there are some exciting things in the plans -she is proud of staff and the commission. There will be a little change in the 4th of July event. She also attended legislative update at Northwest YMCA and the Foothills Optimist Club First Responders event at the Stardance Center where two Marana police officers were honored -Terry Evans and Dan Bowen. She also attended the Habitat for Humanity grand opening, noting that it was a great day and great participation. She commended T Van Hook and her staff for a very good event. There are two slabs do~~~n. We need to raise money for the second slab. Council Member Comerford will form the first team beginning in the fall. She also attended the CDBG awards ceremony last week where Ora Mae Harn was awarded the lifetime achievement award for her efforts and the things she started in the town. She told a short story about the first community food bank building that Ms. Harn brought to Marana. Mayor Honea spoke about the LED meeting with Doug Wilson from MUSD. Although they have financial challenges, the school district is well run. He also went to the First Responders event and both Marana officers were very deserving. He attended the legislative event at the YMCA as well as the Marine Memorial at the Marana airport and went to Estes Elementary and spoke to 104 second graders. On the 17th, the ADOT board meeting was held in the Marana Council Chambers. The ADOT board approved the $SOM Twin Peak Interchange project. Many staff deserves kudos, especially Barbara Johnson, Gilbert Davidson., Keith Brann and Greg Gentz from ADOT. He was at the Habitat house driving nails. The family getting the house lives in Adonis neighborhood. The Mayor thanked Ms. Van Hook and her staff for their efforts. The Mayor stated that he would like the CAC subcommittee composed of Council Members Ziegler, McGorray . and Comerford to get together to rehab some of the Commissions so that they are consistent. They will be working with Ms. Bronson and Cedric Hay. Regular Council Meeting -May 5, 2009 -Page 69 of 297 • MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reported on the Council Executive Report anal the Twin Peaks Interchange project. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion by Vice Mayor Kai, second by Council Member Ziegler. Pass unanimously. C 1:. Resolution No. 2009-46:.Relating to Water Service: approving and authorizing the execution. of an Intergovernmental Agreement between the Town of Marana and Pima County for billing of sewer user accounts and provision of water consumption data C 2:. Resolution No. 2009-47:.Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Person Transfer of a No. 6 (Bar) liquor license submitted by Phillip H. Satterfield on behalf of the Gallery Golf Club located at 14000 N. Dove Mountain Blvd C 3:. Resolution No. 2009-48:.Relating to Liquor Licenses:. approval and recommendation to the State Liquor Board for a new No. l 2 (Restaurant) liquor license submitted by Nicholas C. Guttilla on behalf of Wingstop located at 3662 W. Ina Road, Suite 110 C 4: Minutes of the April 7. 2009 regular council meeting C 5:. Resolution No. 2009-~ l : Relating to Community Development; granting $5,000 in Discretionary Funding to Arizona Youth Partnership, an Arizona 501 (c)(3) non-profit organization to support Marana High School's Grad Night, an event offering positive activities for Marana youth and families COUNCIL ACTION A 1: Resolution No. 2009-49.: Relating to Finance; authorizing the application for a loan from the Water Infrastructure Finance Authority of Arizona out of the State of Arizona's allotment of Drinking Water State Revolving Fund appropriation from the American Recovery and Reinvestment Act of 2009 to finance certain water projects Erik Montague presented this item. Motion by Council Member Clanagan, second by Council Member Ziegler. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES B 1:.Resolution No. 2009-50.: Relating to Boards, Commissions and Committees; appointing Jeffrey Adragna to fill the vacancy on the Planning Commission. Motion by Council Member Clanagan, second by Council Member Ziegler. Passed unanimously. The Town Clerk gave Mr. Adgragna the Loyalty Oath.. Regular Council Meeting -May 5, 2009 -Page 70 of 297 • ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1:.Legislative Issues: Discussion/Direction/Action rem n~pending bills before the Legislature .. No report. 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 anal discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-43] .03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement . discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. FUTURE AGENDA ITEMS By Council Member Comerford to bring back a Council Code of Conduct; Vice Mayor Kai noted that Ginn~~ Huffman, chair of the Affordable Housing Commission would like to make a report at the neat regular Council Meeting. ADJOURNMENT Motu~n by Council Member McGorray, second by Council Member Post. Passed unanimously. CERTIFICATION l hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 21, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -May 5, 2009 -Page 71 of 297 ,~~~ AA~~ 1~1~~~ 1~ / ;~ ta.. a......~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Item C 5 Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-67: Relating to Real Estate; approving and authorizing the Mayor to sign a Consent to Assignment Agreement with Crown Communication, Inc. and Tower Development Corporation Discussion: On November 18, 2008, the Council approved Resolution No. 2008-141, authorizing the execution of an • Option and Ground Lease Agreement with Crown Communication, Inc. for the lease of a cellular tower at the Town's Hartman Hills water reservoir site. Crown Communication, Inc. is now requesting the Town's consent to assign its rights in the Agreement to Tower Development Corporation, a Maryland corporation., which is affiliated with Berkshire Partners LLC, a private equity firm that manages $6.5 billion in capital and has managed over 90 portfolio companies with a combined value of over $20 billion. An April 17, 2009 letter from Crown Castle, requesting the Town's consent, is one of the backup materials for this item. Paragraph 32 of the Option and Ground Lease Agreement. requires Crown Communication to obtain the Town's consent to any assignment of rights under the lease. ATTACHMENTS: Name: Description: Type: ^ RESO Consent to Crown Comm Lease Assionment Reso Consent to Crown Comm Lease Assignment Resoiution (00014525).DOC O C_rown_Comm_Consent to Assignment Agreement Exh R to Reso: Consent to Assignment Agreement Exhibit ~00014528)~df O Ltr to Mayor Honea (00014526).PDF Letter to Mayor Honea re: Option and Ground Lease Agreement Backup Material ^ Crown Comm Assgn Assumption of Site Lease Crown Communication's Assignment and Assumption of Siie Backup Mafsriai (00014527). PDF Lease Staff Recommendation: Staff recommends approval of Resolution No. 2009-67, consenting to the assignment of the cellular tower site- lease at the Town's Hartman Hills water reservoir site. Regular Council Meeting -May 5, 2009 -Page 72 of 297 Suggested Motion: I move to approve Resolution No. 2009-67, approving and authorizing the Mayor to sign a Consent to Assignment Agreement with Crown Communication, Inc. and Tower Development Corporation. • Regular Council Meeting -May 5, 2009 -Page 73 of 297 MARANA RESOLUTION N0.2009-67 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A CONSENT TO ASSIGNMENT AGREEMENT WITH CROWN COMMUNICATION, INC. AND TOWER DEVELOPMENT CORPORATION BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Consent to Assignment Agreement with Crown Communication, Inc. and Tower Development Corporation attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it on behalf of the Town. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of May, 2009. • Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Regular Council Meeting -May 5, 2009 -Page 74 of 297 LESSOR'S CONSENT TO ASSIGNMENT AGREEMENT for a wireless communications facility located at: Site Name: W. Linda. Vista, Marana County: Pima State: Arizona. Crown BU#: 807666 TDC BU#: among ASSIGNOR CROWN COMMUNICATION INC. ASSIGNEE TOWER DEVELOPMENT CORPORATION And Regular Council Meeting -May 5, 2009 -Page 75 of 297 TOWN OF NIARANA LESSOR EXHIBIT A LESSOR'S CONSENT TO ASSIGNMENT AGREEMENT THIS LESSOR'S CONSENT TO ASSIGNMENT AGREEMENT (the "Consent") is hereby made and entered into as of the day of , 2009 by and among Crown Communication Inc., Delaware corporation having a mailing address of 2000 Corporate Drive, Canonsburg, PA 15317 ("Assignor"), Tower Development Corporation having a mailing address c/o Crown Castle, 2000 Corporate Drive, Canonsburg, PA 15317 ("Assignee"), and Town of Marana, having a mailing address 11555 W. Civic Center Drive, Marana, AZ 85653 ("Lessor") RECITALS A. Assignor and Lessor entered into that certain Option and Ground Lease Agreement dated October 21, 2008 (a copy of this Lease Agreement is attached hereto as Exhibit "A") (the "Lease Agreement") for a parcel of real property located at 5541 West Linda Vista Boulevard in the Town of Marana, County of Pima, State of Arizona as set forth therein (the "Leased Premises"); and, • B. Assignor desires to assign the Lease Agreement to Assignee, and Assignee desires to assume the rights and obligations under the Lease Agreement, pursuant to that certain Assignment Agreement by and between Assignee and Assignor (the "Assignment Agreement"); and, • C. Assignor and Assignee have requested that Lessor consent to the Assignment Agreement pursuant to Section 32 of the Lease Agreement, and Lessor has agreed to consent to such assignment as provided for herein; and, D. Assignor has requested that Lessor release Assignor from all liabilities and obligations under the Lease Agreement as provided for .herein, and Lessor has agreed to release Assignor from those liabilities and obligations. NOW, THEREFORE, for and in consideration of Ten Dollars and 00/100 ($10.00) and other good and valuable consideration each to the other in hand paid and the premises and covenants hereinafter set forth, Assignor, Assignee and Lessor agree as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and are expressly incorporated herein by this reference. 2. Consent of Lessor. Lessor hereby expressly consents and agrees to the assignment and assumption of the Lease Agreement as set forth in the Assignment Agreement, and hereby releases Assignor from any and all liabilities and obligations under the Lease Agreement. Lessor agrees to solely hold Assignee responsible for performance of all obligations of the lessee under the Lease Agreement from, and after, • the date of this Consent, except liabilities and obligations arising out of Assignor's failure to perform and discharge any of the terms, covenants, conditions and agreements as the Regular Council Meeting -May 5, 2009 -Page 76 of 297 EXHIBIT A lessee under the Lease Agreement prior to the date hereof, or other acts or conduct prior to the date hereof for which the lessee or tenant is responsible under the terms of the Lease Agreement, for which Lessor will look solely to Assignor and shall not, at any time hereafter, require Assignor to perform any obligations thereunder, unless the Lease Agreement is reassigned to Assignor upon default of Assignee as provided herein. 3. Agreement of the Parties. Assignor, Assignee and Lessor hereby expressly agree as foIIows: A. Assignor is .the current holder of a Lessee's interest in the Lease Agreement, and Lessor is the current holder of Lessor's interest in the Lease Agreement. B. The Lease Agreement is in full force and effect, and Lessor hereby ratifies and confirms same. C. A true and correct copy of the Lease Agreement and all amendments, if any, is attached hereto as Exhibit "A" and incorporated herein by this reference. The Lease Agreement, and all amendments, if any, constitute the entire agreement between Lessor, Assignor and Assignee with respect to the Leased Premises. There are no present outstanding defaults pursuant to the terms and provisions of the Lease Agreement by either Lessor or Assignor, and no parry has knowledge of any facts which, with the giving of notice, passage of time, or both, would constitute a default by ~~'; any party under the Lease Agreement. D. To Lessor's knowledge, all conditions or obligations under the Lease Agreement required to be satisfied or performed by Assignor as of the date hereof have been satisfied or performed, and to Assignor's knowledge, all conditions or obligations under the Lease Agreement required to be satisfied or performed by Lessor as of the date hereof have been satisfied or performed. E. Assignor has paid Five Hundred Dollars ($500) to Lessor (the "Option Fee") to secure the Option to lease the Leased Premises to be exercised at any time on or before October 21, 2009 (the "Option Term). F. The initial rent (the "Rent") to be paid by Assignee to Lessor under the Lease Agreement upon exercise of the Option is Nineteen Thousand Four Hundred and Forty and 00/100 Dollars ($19,440.00) per year, to be paid in equal monthly installments of One Thousand Siz Hundred Twenty and 00!100 Dollars ($1,620.00) per month payable on the first day of the month following the date that construction commences ("Obligation Date"). Assignee's obligation to pay Rent under this Assignment shall • begin on the first day after the Obligation Date, and Assignor's obligation to pay Rent shall end thereon. Regular Council Meeting -May 5, 2009 -Page 77 of 297 EXHIBIT A • G. The term of the Lease Agreement expires on the date five (5) years following the first day of the month following the month in which the Option is exercised (the "Expiration Date") and there are five (5) Renewal Terms of five (S~ years each (the "Renewal Terms"). H. Rent is to be increased at the commencement of each applicable Renewal Term (as defined in the Lease Agreement) by fifteen percent (15%). 4. Survival of Terms. The representations, warranties and indemnities .set forth herein shall survive the execution and delivery of this Consent and shall continue in full force and effect during the term of the Lease Agreement. 10. Binding Agreement. This Consent constitutes the entire agreement between the parties hereto with respect to the transaction contemplated herein, and it supersedes all prior understandings or agreements between the parties relative to such assignment. 11. Execution and Counterparts. To facilitate execution, the parties hereto agree that this Consent may be executed and telecopied to the other party and that the executed telecopy shall be binding and enforceable as an original. This Consent may be executed in as many counterparts as maybe required and it shall not be necessary that the signature of, or on behalf of, each party, or that the signatures of all persons required to bind any parry, appear on each counterpart; it shall be sufficient that the signature of, or on behalf . of, each party, or that the signatures of the persons required to bind any party, appear on one or more of such counterparts. 12. Notices. Any notice, communication, request, reply or advise (hereinafter severally and collectively, "Notice") regarding this Consent shall be in writing and shall in accordance with the Notice provisions of the Agreement and shall be sent to the parties at the following addresses: Assignor: Crown Communication Inc c% Crown Castle USA Inc E. Blake Hawk, General Counsel 2000 Corporate Drive Canonsburg, PA 15317 RE: BUN 807666/Site Name: W. Linda Vista, Marana Attn: Real Estate Department Phone: {866) 482 - 8890 • Regular Council Meeting -May 5, 2009 -Page 78 of 297 EXHIBIT A Assignee: Tower Development Corporation c/o Crown Castle USA Inc E. Blake Hawk, General Counsel .2000 Corporate Drive Canonsburg, PA 15317 RE: BUN 807666/Site Name: W. Linda Vista, Marana Phone: (866) 482 - 8890 Lessor: Town of Marana 11555 W. Civic Center Drive Maxana; AZ 85653 Phone: (520) 382-1999 [Remainder of page intentionally left blank] • Regular Council Meeting -May 5, 2009 -Page 79 of 297 EXHIBIT A n~ w ITNESS WHEREOF, the parties have executed this Consent as of the date and year first written above. Witness ASSIGNOR: CROWN COMMUNICATION INC. By: Print Name: David J. Tanczos Title: Vice President -National Site Development COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON SS: 1, Sheila Osborne, a Notary Public within and for the State aforesaid, duly commissioned • and acting, do hereby certify that on this day of , 2007, personally appeazed before me David J. Tanczos of Crown Communication Inc., to me personally known to be the person who signed the foregoing Assignment and Assumption of Lease Agreement, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that he is the Vice President -National Site Development of Crown Communication Inc. and duly certified to enter into agreements on behalf of that entity. Moreover, he has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily executed by himself, on behalf of said entity, for the uses, purposes and consideration therein mentioned and set forth. WITNESS my hand and seal as such Notary Public the day and year above written. My Commission Expires: 11/13!10 Notary Public • Regular Council Meeting -May 5, 2009 -Page 80 of 297 EXHIBIT A ASSIGNEE: Witness TOWER DEVELOPMENT CORPORATION By: Print Name: Title: COMMONWEALTH OF MASSACHUSETTS COUNTY OF SS: I, , a Notary Public within and for the State aforesaid, duly commissioned and acting, do hereby certify that on this day of , 2009, personally appeared before me of Tower Development Corporation to me personally known to be the person who signed the foregoing Assignment and Assumption of Lease Agreement, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that he is the of Tower Development Corporation and duly certified to enter into agreements on behalf of that entity. Moreover, he has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily executed by himself, on behalf of said entity, for the uses, purposes and consideration therein mentioned and set forth. WITNESS my hand and seal as such Notary Public the day and year above written. My Commission Expires: 11/13/10 Notary Public Regular Council Meeting -May 5, 2009 -Page 81 of 297 EXHIBIT A • LESSOR: TOWN OF MARANA, an Arizona municipal corporation ATTEST: Town Clerk By: Ed Honea, Mayor APPROVED AS TO FORM: Date: Town Attorney STATE /COMMONWEALTH OF COUNTY OF SS: I> a Notary Public within and for the State Commonwealth aforesaid, duly commissioned and acting, do hereby certify that on this day of 2009, personally appeared before me (name of property owner), to me personally known to be the person who signed the foregoing Assignment and Assumption of Lease Agreement, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that he has executed the same as his voluntary act and deed and was voluntarily executed by himself for the uses, purposes and consideration therein mentioned and set forth. WITNESS my hand and seal as such Notary Public the day and year above written. Notary Public My Commission Expires: • • Regular Council Meeting -May 5, 2009 -Page 82 of 297 EXHIBIT A EXHIBIT A COPY OF THE LEASE AGREEMENT • • Regular Council Meeting -May 5, 2009 -Page 83 of 297 EXHIBIT A OPTION AND GROUND LEASE AGREEMENT TO~~'N OF 111ARANA, ARIZOYA THIS OPTION AND GROUND LEASE AGREEMENT {this "Agreement") is made by and between the TOwN OF MARANA (Federal Tax Identification Number 86-0331775} having a mailing address of 11555 W. Civic Center Drive, Marana, AZ 85653 (`'Lesson} and CROWN COMMUNICATIONp 1NC., a Delaware corporation, with its principal place of business located at 2000 Corporate Drive, Canonsburg, Pennsyhania I53I7-8564 ("i.essee"). Lessor and Lessee are sometimes collectively referred to in this Agreement as the "parties " 1. Definitions. `'Aert:ement" means this Option and Ground Lease Agreement. "Approvals" means all certificates, permits, licenses and other approvals that Lessee, in its role discretion, deems necessary for its intended use of the Leased Premises. "Commencement Date" means the first day of the month following the month in which the Option is exercised pursuant to Section 4(C) of this Agreement. "Defaulting Party" means the party to this Agreement that has defaulted as provided for in Section 29 ofthis Agreement. "Due Diligence Investigation" has the meaning set forth in Section 3 of this Agreement. "Easemenu" and "Utility Easement" have the meanings set forth in Section 10 ofthis Agreement. "Hazardous Material" means any substance which is {i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter amended or enacted, {ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii} PCBs, {iv} Lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials, or (viii) radioactive materials. "£nvironmental La+v{s)" means the Comprehensive En+'ironmental Response, Compensation, and Liability Act of L980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and Recovery Act of I976, 42 U.S.C. Sections 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials Trattsportation Act, 49 U.S.C. S10i, et seq., and the Clcan Water Act, 33 U.S.C. Sections 1251, et seq., as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal, state or focal la+v, statute, rule. regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, clean-up, transportation or release or threatened release into the environment of Hazardous Material. "Lease Tertn" means the Initial Tetra and any Renewal Terms. "Leased Premises" means Ehat portion of Lessor's Property consisting of a parcel of approx"tmately 25 feet by 40 feet as described in the sketch attached hereto as Exbibit "B". The boundaries of the Leased Premises may be subject to modification as set forth in Section 4. "Lessee's Notice Address" means c% Crown Castle USA Ina, E. Blake Ha+vk, GeneraI Counsel, Attn: Real Estate Department, 2000 Corporate Drive, Canonsburg, PA 15317- 8564,t-866-482-8890. "Lessor's Notice Address" means 11555 W. Civic Center Drive Marana. AZ 85653. `Lessor's Procertv" means the parcel of land located at 5541 West Linda vista Boulevard in the Town of Marana, County of Pima, State of Arizona, as shown on the Tax Map of said County as Tax Parcel Number 221-06-4010, being further described as Block lI of Hartman Vistas, a subdivision recorded in the Pima County Re~rder's office at Book 55 of Maps and Plats, Page 42, a copy of said instrument being attached hereto as Exhibit "A". `Non-Defauhing Party" means the party to this Agreement that has not defaulted as provided for in Section 29 of this Agreement. "O ion" means the exclusive right granted to Lessee by Lessor to lease the Leased Premises pursuant to Section 2 of this Agreement. `=Option Fee" means the sum of 5500.00. "O,ption Period'' means the twelve (12) month period commencing on the date of this Agreement. "Renewal Term" means a period of Crve (5} years commencing upon the expiration of the Initial Term or prior Renewal Tenn, as the case may be. "Rent" means the consideration payable by Lessee to Lessor in exchange for the Leased Premises in the amount of S19,440.00 per year to be paid in equal monthly installments of 51,620.00. Rent shall be increased at the commencement of each Renewal Term by an amount equal to fifteen pec~certt (l5%) of the Rent in effect for the previous Tenn or Renewal Term. 2. Grant of Ontion to Lease. In consideration of the Option Fee paid by Lessee to Lessor upon Lessee's execution oC this Agrecment, Lessor hereby grants to Lessee the exclusive Option during the Option Period to lease, on the terms and conditions set forth in this Agreement, the Leased Premises. "Improvements" means a wireless communications facility, including tower structures, equipment shelters, meter boards and related improvements and structures and uses incidental thereto. "Initial Term" means a period of five (5) years following the Commencement Date. {00011 i80.DOC! 21(8005} 3. Due Diligence Investitation. (A) tnspection Ri¢hts. During the Option Period, Lessee shall have the right to analyze the suitability of the Leased Premises for its intended use. Lessee and its employees, agents, contractors, engineers, and surveyors shall have the right to enter upon Lessor's Property to inspect, conduct, perform and 10R1f1008 b:36 PM • • • Regular Council Meeting -May 5, 2009 -Page 84 of 297 EXHIBIT A - Town of Maraoa/Ctown Comm~mications lease Agreement _1_ • examine soil borings, drainage testing, material sampling, surveys and other geological or engineering tests or studies of Lessor's Property, to apply for and obtain all licenses and permits required for Lessee's use of the Leased Premises from all applicable governmental or regulatory entities, and to do those thugs on or off Lessor's Property that, in the sole opinion of Lessee, are necessary to determine the physical condition of Lessor's Property, the environmental history of Lessor's Property, Lessor's title to Lessor's Property and the feasibility or suitability of the Leased Premises for Lessee's use as defined in this Agreement, all at Lessee's expense (the "Due Diligence Investigation"). Activities conducted in connection with Lessee's Due Diligence Investigation shall not be deemed to constitute exercise of the Option or commencement of construction of the Improvements. (B) Temporary Access Road and Easement for Due Diligence Investigation. To facilitate Lessee's Due Diligence [nvestigatian, Lessor hereby grants Lessee and its employees, agents, contractors, engineers and surveyors the right and an easement to construct and use a temporary pedestrian and vehicular access roadway from a public road, across Lessor's Property, to the Leased Premises. The, location of said temporary pedestrian and vehicular access road~~ay on Lessor's Property is shown on Exhibit "13". Such construction shall not be deemed to constitute exercise of the Option or commencement of construction of the Impmvements. 4. Termination and Exercise of Option. > (A} [Reserved.] (B) Right to Terminate Option. Lessee shall have the right to terminate this Agreement at any time prior to the expiration of the Option Period by sending written notice of termination to Lessor. (C} Fxniration of Option Term: Exercise of Option. If, upon expiration of the Option Period, Lessee has not exercised the Option, this Agreement shall terminate. Upon such termination, neither party shall have any further rights or duties hereunder. Lessor shall retain the Option Fee. Prior to expiration of the Option Period, Lessee may exercise the Option by either {i} providing written notice to Lessor of such exercise or (ii) commencing construction of the Improvements. Upon the Commencement Date, the Lease Term shall commence and the Easements shall became effective. 5. Lessor's Cooperation. During the Option Period and the Lease Term, Lessor shall: (i) cooperate with Lessee in its efforts to perform its Due Diligence Investigation and to obtain alt of the Approvals, including all appeals; and (ii) take no action that would adversely affect the Leased Premises. Lessor acknowledges that Lessee's ability to use the Leased Premises is contingent upon Lessee obtaining and maintaining the Approvals. Additionally, Lessor grants to Lessee and its employees, representatives, agenu, and consultants a limited power of attorney to prepare, execute, submit, file and present on behalf of Lessor building, permitting, zoning or land-use applications with the appropriate local, state and/or federal agencies necessary to obtain land use changes, special exceptions, zoning variances, conditional use permits, special use permits, administrative permits, construction permits, operation permits and/or building permits. Lessor understands that any such application and/or the {00011 t80.DOC / 2}(BOOS) Regular Council Meeting -May 5, 2009 -Page 85 of 297 requirements thereof may require Lessors cooperation, which Lessoc hereby agrees to provide. Lessor shall not `ltttowingly" do or permit anything that wilt interfere with or negate any Approvals pertaining to the Improvements or Leased Premises or cause them to be in nonconformance utith applicable local, state or federal laws. Lessor agrees to execute such documents as may be necessary to obtain and thereafter maintain the Approvals, and agrees to be named as the applicant for said Approvals. 1~Iothing in this Agreement shall in aay way interfere with Lessor's regulatory authority over the Leased Premises and the Improvements, and Lessor shall have the same right to consider and approve or deny land use, building code, floodplaia, and otber applications for the Leased Premises and the Improvemerts as it Lessor were dealiag with real property apt owned by Lessor. 6. Antborized Personnel List. Lessee acknowledges that Lessor's Property is used for the storage and delivery of potable water and other sensitive municipal purposes. For security purposes, Lessor shall provide Lessor with a list of the names of ail personnel who are authorized to enter onto the Leased Premises pursuant to this Agreement. The list shall be updated whenever a change of personnel occurs. Lessor is authorized to block entry to any personnel whose Warne is not on the list. This Section shall be interpreted as a [tight, but not an obligation, of Lessor to police or restrict entry onto the Leased Premises. 7. Lease Term. Effective upon the Commencement Date, Lessor leases the Leased Premises to Lessee for the Initial Term. The term of this Agreement shall automatically be extended for five (5) successive Renewal Terms, unless this Agreement is terminated pursuant to the provisions set forth herein. 8. Rent. Beginning on the Commencement Date, Lessee shall pay Rent for the Leased Premises. 9. Leased Premises: Survey. Following exercise of the Option and completion of construction of the wireless communications facility on the Leased Premises, Lessee shall provide Lessor with a copy of an "as-built" survey, which shall depict and identify the boundaries of the Leased Premises and the Easements, and replace and supersede the sketch attached hereto as Exhibit "B". The "as-built" survey shalt be deemed to be incorporated into this Agreement as Exhibit "C" even if not physicaEly affixed hereto. The description of the Leased Premises set forth in Exhibit "C" shall control in the event of discrepancies between Exbibit "B" and Exhibit "C". l0. Easements. Conditioned upon and subject to commencement of the Lease Term Lessor grants the following easements and rights-of-way over, under and upon Lessor's Property to Lessee, Lessee's employees, agents, contractors, sublessees, licensees and their employees, agents and contractors: (i) an easement over such portions of Lessor's Property as is reasonably necessary for the construction, repair, maintenance, replacement, demolition and removal of the facility to be located upon Leased Premises; (ii) an easement over such portion of Lessor's Property as is reasonably necessary to obtain or comply with any Approvals; (iii) a thirty foot (30') -vide easement in the location shown in Exhibit "B", as may be amended by Exhibit "C", for construction, use, maintenance and repair of an access road for ingress and egress seven (?) days per week, twenty-fow (241 hours per day, for 10/2l/2008 6:36 PM ,EXHIBIT A satrsfacUon of any Town of Maruta/Crown Communications lease Agreement -2- pedestrians and all types of motor vehicles, to extend from the nearest public right-ot-way to the Lead Premises; and {iv) a utilit}• easement {the "Utility Easement") in the location shown in Exhibit "B", as may be amended by Exhibit "C", for the installation, repair, replacement and maintenance of utility wires, poles, cables, conduits and pipes, provided that in the event that any public utility is unable or unwilling to use the Utility Easement in the location shown i» Exhibit "B". as may be amended by Exhibit `'C", at the sole option of Lessee Lessor shall grant an alternate easement either to Lessee or directly to the public utility at no cost and in a location acceptable io Lessee and the public utility (collectively, the "Easements''). TO HAVE AND TO HOLD the Easements for the purposes provided during the Lease Term and thereafter for a reasonab}e period of time for Lessee to remove 'sts improvements. 1 t. Lessee's Right to Terminate: ERect of Termination Lessee. Lessee shall have the right, following its exercise of the Option, to terminate this Agreement, at any time, without cause, by providing Lessor with one hundred eighty (180) days' prior tivritten notice. Upon such termination, this Agreement shall become null and void and neither party shall have any further rights or duties hereunder, except that any monies owed by either party to the other up to the date of termination shall be paid within thirty (30) days of the termination date. 12. Use of Property. The Leased Premises, the Easements shall be used for the purpose of construcxing, maintaining and operating the Improvements and uses incidental thereto. Lessee may place a security fence, around the perimeter of the Leased Premises. All Improvements shall be constructed at Lessee's sole expense. Lessee will maintain the Leased Premises in a safe condition. It is the intent of the parties that Lessee's wireless communications facility shall not constitute a fixture. 13. Removal of Veeetation. Lessee has the right to remove vegetation from Lessor's Property which may encroach upon, interfere with or present a hazard to Lessee's use of the Leased Premises or the Easements. Lessee shall dispose of any removed vegetation. 14. Hazardous Materials. (A) Lessee's Obligation and Indemnitv. Lessee shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials on or from the Leased Premises in any manner prohibited by law. Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or fosses (including, without limitation, any and all sums .paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) from the release of any Hazardous Materials on the Leased Premises unless caused by Lessor or persons acting under Lessor. (B) Lessor's Obligation and Indemnitv. Lessor shall not (either with or without negligence} cause or permit the escape, disposal or release of any Hazardous Materials on or from Lessor's Property or Leased Premises in any manner prohibited by law. Lessor shall indemnify and hold Lessee harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities ar losses {includin without limitation anv d all Premises if caused by Lessor or persons acting under Lessor. 15. Real Estate Taxes. Lessor is a government entity that is not obligated to pay rea[ estate taxes pursuant to current Arizona law. Lessee shall pay any and ail real estate, personal property, or in-lieu taxes relating to Lessee's use of the Leased Premises, including without limitation any Government Property Lease Excise Taxes (see Arizona Revised Statutes § 42-6201 et seq., as they may be amended) attributable to the Leased Premises and/or the Improvements constructed by Lessee. Violation of this Section by Lessee is a material breach of this Agreement. 16. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Leased Premises and on the Improvements, bodily injury and property damage insurance with a combined single limit of at least 51,000,000.00 per occurrence, which shall insure, on an occurrence basis, against all liability of Les~e, its employees and agents arising out of or in connection with Lessee's use of the Leased Premises, •all as provided for in this Agreement. Within thin}• (30) days following the date this Agreement is entered into, Lessee may, at its option, (i} provide Lessor with a certificate of insurance evidencing the coverage required by this Section, or (ii) provide electronically to Lessor a uniform resource locator. link to access Lessee's memorandum of insurance web site evidencing in• order for Lessor to review the coverage required by this Section. In addition, at all times during the performance of its Due Diligence Investigation and during the Lease Term, Lessee, at its sole expense, shall obtain and keep in force. insurance which may be required by an}• federal, state or local statute or ordinance of any governmental body having jurisdiction in connection with the operation of Lessee's business upon the Leased Premises. 17, es ed . 18. Emioeot pomain. If Lessor receives notice of a proposed taking by eminent domain of any part of the Leased Premises or the Easements, Lessor will notify Lessee of the proposed taking within five (5) days of receiving said notice and Lessee will have the option to: (i} declare this Agreement null and void and thereafter neither party will have any liability or obligation hereunder, or {ii) remain in possession of that portion of the Leased Premises and Easements that will not be taken, in which event there shad be an equitable adjustment in rent on account of the portion of the Leased Premises and Easements so taken. With either option Lessee shall have the right to contest the taking and directly pursue an award. 19. Mort><aPes. This Agreement, Lessee's leasehold interest and the Easernenu shalt be subordinate to any mortgage given by Lessor which currently encumbers the Leased Premises, provided that any mortgagee shall recognize the validity of this Agreement in the event of foreclosure. In the event that the Leased Premises is or shall be encumbered by such a mortgage, Lessor shalt obtain and furnish to Lessee anon-disturbance agreement for each such mortgage, in recordable form. If Lessor faits to provide any non-disturbance agreement Lessee shall have the right to seek and obtain a non~isturbance g. an agreement. sums paid for settlement • of claims, attomrys' fees, and 20. Sate of Property. Any sale of all or part of Lessor's consultants' and experts' fees) from the presence or release of Property during the Option Period or the Lease Term shall be any Hazardous Materials en Lessor's Property or Leased under and subject to this Agreement. {0001 t 180.DOC ! 2}(8005) Town of Marana/Crown Communications Lase Agreement t0121l2008 6:36 PM -3 - • • • Regular Council Meeting -May 5, 2009 -Page 86 of 297 EXHIBIT A 21. Surrender of Property. Upon expiration or termination of this Agreement. Lessee shall, within a reasonable time, remove all lmprovements and restore the Leased Premises as nearly as reasonably possible to its original condition. 22. Recording. This Agreement shall not be recorded. However, Lessor agrees to execute and deliver to Lessee a Memorandum of Agreement in the form attached to and incorporated by this reference in this Agreement as Exhibit "D" and acknowledges Lessee's right at Lessee's sole option and cost to record the Memorandum of Agreement in the office of the Pima County Recorder. 23. Hold Harmless. Each party shall indemnify and defend the other party against, and hold the other party harmless from, any claim of liability or foss from personal injury or property damage arising from the use and occupancy of the Leased Premises or Lessor's Property by such indemnifying party, its employees, contractors, servants or agents, except to the extent such claims are caused by the intentional misconduct or negligent acu or omissions of the other party, its employees, contractors, servants or agents. 24. Lessor's Covenant of Title. Lessor covenants that Lessor holds good and marketable fee simple title to Lessor's Property and the Leased Premises and has full authority to enter into and execute this Agreement. Lessor further covenants that there are no encumbrances or other impediments of title that might interfere v•~th or be adverse to Lessee. 25. Interference with Lessee's Easiness. Lessee has a non- exclusive right to construct, install and operate wireless communications facilities that emit radio frequencies on Lessor's Property. Lessor retains the right to permit the construction, installation or operation on Lessor's Property of any additional wireless communications facilities; provided, however, that Lessor shall not permit the construction, installation or operation on L;cssor's Property of any equipment or device that interferes with Lessee=s use of the Leased Property for a wireless communications facility unless that equipment or device primarily serves or benefits public safety (police, fire, ambulance} communications. !f Lessee is unable to continue to operate its facilities on the Leased Premises as a result of Lessor allowing public safety communications on Lessor's Property, Lessee's sole remedy is to exercise its right to terminate this Agreement under Section 11 of this Agreement. 26. Ouiet Eniovment. Subject to Lessor's rights set forth in this Agreement' Lessor covenants that Lessee, on paying Rent and performing the oovenants of this Agreement, shall peaceably and quietly have, hold and enjoy the Leased Premises and Easements, 27. Ltss~or's Lien Subordination. [t is the intent of the parties that Lessee's wireless communications facility shall not constitute a fixture. Lessor hereby subordinates any and all liens, whether statutory or under common law, with respect to any of Lessee's property, and any property owned by any sublessees or licensees of Lessee, now or hereafter located on the Leased Premises. 28. Title Insurance. Lessee, at Lessee's option, may obtain . title insurance on the Leased Premises and Easement. Lessor shall cooperate with Lessee's efforts to obtain title insurance by (0001 t t 80.llOC! 2)(8005) Regular Council Meeting -May 5, 2009 -Page 87 of 297 executing documents or obtaining requested documentation as required by the title insurance company. 29. Default. In the event that there is a default by Lessor or Lessee (the "Defaulting Party'y with respect to any of the provisions of this Agreement or Lessor's or Lessee's obligations under this Agreement, the other party {the `'Non- Defaulting Parry")shall give the Defaulting Party written notice of such default. After receipt of such written notice, the Defaulting Party shall have thirty (30} days in which to cure any monetary default and sixty (60} days in which to ctu+e any non-monetary default. The Defaulting Party shat} have such extended periods as may be required beyond the sixty (60) day cure period to cure any non-monetary default if the nature of the cure is such that it reasonably requires more than sixty (60) days to cure, and Defaulting Party commatces the cure W7thin the sixty (60) day period and thereafter continuously and diligently pursues the cure to completion. The Non-Defaulting Party may not maintain any action or effect any remedies for default against the Defaulting Parry unless and until the Defaulting Party has failed to cure the same within the time periods provided in this Section. 30. IReserved.l 31. Annlicable Law. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the taws of the State of Arizona. The parties agree that Pima County, Arizona shall be the venue for any litigation regarding this Agreement. 32. Assi¢nment. Soblease. Licensiot? and Encumbrance. Lessee may not assign, or otherwise transfer all ar any part of its interest in this Agreement or in the Leased Premises without the prior written consent of Lessor; provided, however, that (i) Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fitly-one percent (51%} or mare of its stock or assets, subject to any financing entity's interest, if any, in this Agreement, and (ii) Lessee has the right, at its sole discretion, to sublease or license use of the Leased Premises, Easements and Improvements to communications companies for the purpose of placing and maintaining communications facilities on or in the Improvements. Upon assignment, Lessee shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Lessee's obligations under this Agreement. Lessee shall promptly provide Lessor notice of sublease or license, including the lessee's or licensee's contact information, so that Lessor may at all times be apprised of those who are authorized to enter the Leased Premises. Lessor may assign this Agreement, which assignment may be evidenced by written notice to Lessee within a reasonable period of time thereafter, provided that the assignee assumes all of Lessor's obligations under this Agreement. This Agreement shall run with the Lessor's Property and shall be binding upon and inure to the benefit of the parties, their ~ respective successors, personal representatives, heirs and assigns. Notwnthstaoding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement w any financing entity, or agent on behalf of any financing entity to whom Lessee (i} has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations l0/21/20ot16:3b PM EXHIBIT A Town ofMarana/Crown Communications Lease Agreement -4- evidenced by bonds, debentures, notes or similar instruments, or (iii} has obligations under or with respect 10 letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. l3pon request to Lessor from any leasehold mortgagee, Lessor agrees to give the holder of such leasehold mortgage ~tiritten notice of any default by Lessee and an opportunity to catre any such default within fifteen (15) days after such notice with respect to monetary defaults and withia a commercially reasonable period of time after such notice with respect to any non-monetary default. 33. Miscellaneous. Entire Agreement. Lessor and Lessee agree that this Agreement contains all of the agreements, promises and understandings between Lessor and Lessee. No oral agreements, promises or understandings shall be binding upon either Lessor or Lessee in any dispute, controversy or proceeding ai la~v. Any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties hereto. Laotians. The captions preceding the Sections of this Agreement are intended only for convenience of reference and in no way define, limit or describe the scope of this Agreement or the intent of any provision hereof. LESSOR: TOWN OF MARANA, an Arizona municipal corporati sy: Ed Honea, Mayor Date: _ _ I T 8.~ o"~ O(J'$ IN WITNESS WHEREOF, Lessor and Lessee have executed this Agrcement as of the 21" day of October, 2008. ATTEST: wn Clerk / / APPROV TOE RM• ~~y' r ~I T 'n Attorn Witness CotMYrtc ~ la ~+~L~ 1~- Si'h"PEOF CtEt11~5~LV~kAJ}sfls County of ~ 51•i ItJ(r1 O~ LESSEE: Construction of Document. Lessor and Lessee acknowledge that this document shall not be construed in favor of or against the drafter by virtue of said party being the drafter and that this Agreement shall not be construed as a binding offer until signed by Lessee. No ices. All notices hereunder shall be in writing and shall be given by {i) established national courier service which maintains delivery records, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices are effective upon roceipt, or upon attempted delivery if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. The notices shall be sent to Lessor at Lessor's Notice Address and to Lessee si Lessee's Notice Address. Partial invalidity. If any team of this Agreement is found to be void or invalid, then such invalidity shall not affect the remaining terms of this Agreement, which shad continue in ful# force and effect. Cancellation for Conflict of Interest. This Agreements subject to A.R.S. § 38 511, which provides for cancellation by Lessor in certain instances involving conflict of interest, • COMMUNICATION~INC., re corporation, ~. Print Name: 1 ~ Print Title (if any}: Date: l .~ ~d^Ud The f regoiing instrument was acknowledged before me on ~, 200$, by ~~V i d S. 1 anc zos , the ~ Na}~~ ~,t~2 t~~rm'~_ of CROwN COMMUNICATFOA~INC., a Delaware ca[~oration, on behalfof the corporation. My co m' sion expires: Notatlsl See! ~ ~ ~~ t to SheUa ~~ PAR Notarv Public G ~~ WttttNngton tiptalty Nh+~ F.xpltee Na.13, 2010 {000! 118Q!)OC t 2)(6005) Town of MaranalCrown Communications Lease Ag~xement t0/21J2008 6:36 PM -5- • • • Regular Council Meeting -May 5, 2009 -Page 88 of 297 EXHIBIT A • f gc 99~~ 1~ ~~ ~~ 0. f ~~ ~ ~ $0~ ^~ ~~9 Ca ~~ ~p~Y ~F L A ~ l~ ~~R7 ~ pa ~~ ~ ~ ~~ ~~ ~~i~ a ~~ ~~~~~ ~~~ a~ a ~ ~ ~ ~~~~ ~ ~. ~ ~~ .R ~S Y ~ ~~~ ~ f Y~ S ~ ~ i c- 000 y ~p ~ {i r i~ g ~ E~G~Hi~IT A ~~ # *.,.oo s~ L '~i ~ ~ p t~B S J` rgp{ g Q{ ^8a a g ~ t ~~~ ~~ ~ ~~ { ~ ~~ ~ ~ l i~ 1~ ~ ~~~~ 4~ 4' rq~ q ~~~~~~ ~~~~ a ~~~ ~ ,° a a ~$ ~ ~ ~~~~~ ~~~~s~~~ -~~~ ~~~~ ~ ~ ~~~~ ~ ~~~~ n 5 o° Oo ~ _3 0 Z ! z @ i~ i ~ r ~ Qpp& e~.' ~~~~~ ~a $ ~3Ril~ ~QqQ~ ~qQ}S~ P 3 ~~~ PP - s Regular Council Meeting -May 5, 2009 -Page 89 of 297 EXHIBIT A L"'J ~. a~ ~g i ~~ ~;` ~~~ ~~ '~ :a ~ ~~ sga ~~ ~ ~~~ y EXHIBIT A ~'~ i~ Y~`~R ~ * ~' i G~~~ ~ ~~ ~ ~ C~~~ 1i~.- ~ ±' C i ~ w ~ ~ ~ ~ wo~1Y • fs6w• F ~sn~ a ~ C ~ ~g ~ _~ tt ` m ~` ,~ = t VT ~~ ~, 9c f ' f "ao b~ _ ic C_ d ' t fs ' ~• 1 `\ ~ , , m F `~ 1 i~ a ~li< ~V yy y t ~ y i i i ~ ~ + f ~. ~ '{ ' 4 f ~~~ _ H Ir s ~ ~ ~ ~ ~ _ _ _ ~ FF I d ! ~ ! _! ~ ~ ~~~~~ ~~ ~ ~~ ~ ~~ ~r .~ t ~~ ~~ L`_~ I~ ,~ l Regular Council Meeting -May 5, 2009 -Page 90 of 297 EXHIBIT A . mm+r ::'';:'nor. ~E~ ~~ E ~•H I B I T A. ® 5800-W. .~,,.• •nsr ,P,a . ~ ar« ,.a ~k ` s Oemtr • ~A S Waal' n N n ~~ w~+ s V N y N N N N N y P V P V P 1l ~-~- O •Ti~ O / ' ~IAY ~iC/ N Ytl ,f~ U26 ~~ a ~ ~ ~ N • y mmvr ~ RW QIAMOPD AVHiIE ,r, L _ I ; + i<~ a 5 s _ g~. ; 51 C! . ~Si - c~ ~ eC ~ ~~ a C~ ' ~~ C~ ~N ~~ _ {~~ ~~ _ • s ~ ~ ~,». ~ • ram ©I ^ ases, _ ! ~ ~~ 1+4 1 qsa ~ n n = tl OP ~VV) `.~! g B t+, ,e~9~.-" ~ . ~ SW - CRi t~ R CO fl C~ Ci M~ Chi L~ ~ :7 . .~ - S ,+ ~ • -aaos m ass a - - - am ssr Was ~~ ~ ~ •, I ~ _ ~ _ . -` e~«~ir • C9tT~E AYf~1LlE m_y~_ - --- ~ d gc sV Y1 `~lif~ +t ~{ ill ME00E'IP•~~ ~i':~ ~ p t U 11 ~ ~ • t • •i]La _ _ Z tlP' qP'- .!W Oi tlm Na! 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D a ~ F ~ ~~ ~ • ~~~ ;,::s;.~ax :~,a '.= 5800-W. ~~„~: «x ~• u r .•,a~• ~u~~. ~ ~~ 1 1 1 1 ~, Q~ n ~~ ~~r ~ ~~~ ~` ' ~~ ~~ \ :~i ~ ~_S 5700-W. i,~ ~~\ `~ '~ i \ ~ ~ ~ •\ ~ -~ • ~ ~ ~ ~ ~` .\ ~ \ ~ 1 ~ f ®8968©88000 -----~ 1~ ~i~~I~~~ ~ ~ ~i 1~ ~, 1 1 ~ ~~~ :S ~ ~ as ~ ~ ~ ~d ~ ~~ 1~ s ~ ~ ~ a a ~ 1 ~~~ ~y;ia 1 EX•H1BIT A. Regular Council Meeting -May 5, 2009 -Page 101 of 297 EXHIBIT A .~. i . ~+.. 1 1 1 ;~ :J1 ~ ~ ~ ~ ~ ~ f Z 1 d i i t 1 s 1 1 ~~~ ~~~ 1 ~- °°~ ~ 1+ / s ~~t ( l ~4~$~il .`~ 1 1 ..~~ 1 i 1 I I 1 1 1 1 1 i i I 1 1 1 1 1 1 1 1 1 i 1 ~~~-. J. ~~ ^y h~+~ 0• ~~ ~ S 3 pp ~; E }•S~ C YE ~~ MF+~ ^ j~~~ iy6 . ~~ ~~ ~ ~~ ~~~ g ~~~$~~< w R ~~~~~ n =~ ~ 4~ ~~ ~ ~~> -a: ~ t c ' S ~ - - -- .c n . • r• r rr w. Q n t f Y - K' -f : pp ~ - a - e rr ' L n ~ ~ -n - - - tt R t C- rY ° :: t § ». R a ., ~. ~ R .~ . - sf g e - L . - - p6 n - - - - . -a ~ 'G Va ~ s~ ~ ~ ss s s ~ ~ ~ st ns L ~ . 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F ~cA~AS~~Y~,Y,-~~~ gg g: 9 ~~ ym C _ ~ _ P~ Y ^ == ~ ~~ K S 2~ O ~I e *' < I ~ s r i T A i z ~ m Q e z A L ~ ~ a i ~~ i I~ i l g' ~_ ,o m ,~a m ~ z g < s ~~ gg ~ gay V~ R ~ ti S C a ~ s O Q v 1 EST" A ' m a 0 °s ~_ a ~~~ ~> V N N V ~ ~~ u s ~ /~~//~~~ y - ~ 1/ y ~_ F u N + ^:g~~ <C:^F N Z ~ ~ C ow~~ 1E~s'~ ~~ rn _~ n ~ ~ gr, ~~,~ ~~ ~~~ I o ~ ~ a/»/ra ~E-w sier~nia .o ~ ~ ~ ~ ~(!!, i ,o ~ ~ ~ ~~.jl > µaaj @@ ^I ~ ~~ ~ ~ ~ ~$ ~I ~ ~~ ~ ~ 4 1 Ol/M/CO n[wr ~4EKK W > su~ r E I ~~° 1.1 ~ J ~ ~ ~ i~~~m ~ irr Regular Council Meeting -May 5, 2009 -Page 10 0 - EXHIBIT A ~ ~ ~~ j ~ j ~4~ N : ` i r .?.° ~ I X ~ I I(i KZi t c? c~ 3 i .- . ~ ~ ~ + ( ~~,~ ---------~~------------;i ~ i I ~ ~ ? ~~ s I E ~ tl ,, .~ , a ~ ~ _ .~:_, -- .gym e ~_ s ~ s cn "~ ~ ~ ~° I ~ .tip Y ~~ ~ ~' Isg a~~~~ o~~a $ j ~~ I rn „ aXa X~A~p ~ ~ ~, i I 7~C i ~ s b f'3 Al^Y4at Y ~i~i a : a_a , K ~ ~ ~ TT a r 1:C t ~~ ~37S~Za~ ~~^ ~b ~ i ~o I i 0 ~~ YB~ '° ~ .wi ao ~j ~ 3 .+ sa z i ~ ~ ~ ~I $~~~~:~~E ~ r~g1 f `~ ~ ~~~~~~~°~ ~ ~~J`~' a~~~~ XgX~~a e ~ e 9~" ~~d ~zF~ I€~g a Ax=$ a;~ ' ~x{X X ggy~t~~X 1~$ iX i~g A9 ~: > ;i a g ~ tl'$ B ;~q3 d ~ 6gA ~ v 1keE e~-Ifi4 ~~ ~~ek~~sif ~~~ 6 ~Ia a$5~~~zt~X~ ~~ ~~s ~~~~` ~ E ~ a=~;~ ~ ~i a ~~ ~ ~~~~ z~~~ a ~ p¢a,aa ~~ X k Li6t~ ~~ @~~k ' it s %i sss ' iY ~'a ~ a > ~`v a~ ~3 I vX~ ~ ~ ..v e 3 ~ Pt_~-e"a ~ ~ ~~~ v^~ XQ ~ p 3 X XQ a X'aisR ~ Xa s e • i s~s } ~~ '~ ~~a a^ ~a ~ ~~ ~ ~tl9 ~~~~ ~ X~e RttrgY g ~aX i a ~rts$Y 5 i~~> vC r e ~ vegs ~ ~~$ ~ S~ i t a a1. 3 pi v e s a e ~~~` ~ ~ R~X~~~L' ~~ p ',X,i3 ,• tte s~s~_ t Xv e s e~a~c ~ B~~X ~ ~' v a yX. ~gig ~ ^ p E XaIIa d L 6 X71 $R A ~XiR a gR ^ N 11 LYpr~~, b ~3p ~ ~~t+i a ~~~ ~ ~' ~~~ ~P€k $~ ~~~ ~=~8~ M ~Y Y ~ ~=~a~ t ~ ~ ~ ~ ~ ~ i~~A 71 ~ 4 ~~ ,7 ~ ~ 8Xa=~ 8 ~ '~ ~ s 8 m , a XYSg ~ €~~ ~o to $ sx >~ O A a'"+ r' V ~$~~ S va A~ ~ ~~~i ~~~ ~~ £. x ~ • • Regular Council Meeting -May 5, 2009 -Page 104 of 297 EXHIBIT A r i~ s ~o si°n ~ a~ " us oz ~~NnOD~^ S ~yca m q4 -s i °~ °-p + oaq+ } M M » ~ "- t6e~ ~yn {! i~ jz w> 0 + +~ FM r o ,'°,, e ~ ~ J G o= ~_ _~ ~ ~~4 ~i ~~ ~a Iti ~ y ~~ g ~s a~# ~ ~ ~~~~' a ,i " ~€!" ~ $~I i ~ Q~~a e O ~' ~ ~ ~ ~~ ~~ ~~ ~ ~~~ ? ;~ ~~ '~ 497 ; ~ ~ ~>< QRR e~$°~~ ~~4-{~~ 111 9#~ ps 'a x § ~~3 ~ ° ~ ~ ~~d ~4~Ak` ~$E~La+l~i•~Li~1~ Q It. : a s ~ g ~~_~~ ~ ng~~ N ~ zf ~ E. ~~~ , R7/R7/0! aR~+cowcrs ~ ~ tU`11lUftf111W{DI yt ~~ Z~ +9 I~ ~ ~ Ya"~ ~ o7~a+eca axwt cw°c°•e l gg s g t + a4a an awcr+s x t • ~ ~ ~ iS ~ 'a $ ~R~ a ++/+~ an mwnns w ~ ~ i ~ ~ t~~[ 6t r a is(' ~ i ~ j°'f ~ ~ (i ~ ~ ~ ~ tit; ~~ Te"t U __ ~ Regular Council Meeting -May 5, 2009 -Page 105 of 297 EXHIBIT A •r 1 E• ~~ 1' .~~~~ ~~~f~t~ €° sEy p@a E*~qD d ..__ _. •A~ ~~ k~ s`+ `'~r8~ .. ~ ~; ~' 9x~~ ~~ ;' .:r,. - C 1 ~ ~~'`~ li q~ ~~ ~' -,~lr ~ti~ ~'4 ~fL% ~ ~ ~ U' ~//~ ~ ~ _ tr, ~~ t - . .~ ,7.. ,/, ,~ , ~;`' `ice ~'~ / ~ ~~ ti , ~t ~ ~~~ I u ~q G~ ~ ~~6~~~ g iE~A~ ~~ rl ~ 8 4~59>~;~ ga ~ ~a o e € Q:ab Ito 1:~ S A B e. rn ~~ m C~ r ' I• a ~ V ~ i ~t ~ ~~ Z Y+ ~! ~ ~ ~ ~ f ~ ~~ ~ ~ ~ ~ ~ ~~ ~~I Q~ N ; ~ ' I ~ g~g ~ 4 ~ ~ .. ~ '7 ~ N a (~ ~ ~ Y I~I o 1 . ~t Regular Council Meeting -May 5, 2009 -Page 1 C ~~ W/]7/Ce PM-W SIMn21LL /g ; ] e7/L7/OC CIfM tbIYERii Ig ! ea uevr CowCwrs v~ ~ ~ ~~~~ . a9,z. ~,- - :. : ~g ,~ s /nN] an eowtwts w K ~ ~ r ! ~ Id ~~;. ~ i gilt i~~~ ~ EE 3 ~Ro ~ .~ O6 of 297 a EXHIBIT A s 3 g s 9t~+ f 8 O z -- -.# _ __. .~ ~t;=F ~ ~ ~ _~ ~ ~ ~ ~~ ~_ ; -~ .. ~ I' ~ „~ ~~ 3, ~° g, s _~,. • W Regular Council c ~; o? o' ~~ u; m 00 ~~~ ~~~ ~~ ~;`{~~ s ~s ;~ ~~ ~~ ~a ~ R e g $ ~ ~~.. ~I ~ ~ ~ ~ ) c)ie.~ceyy acn, wwK.rs .a 6)N/~I CLEM LOn4CM5 YA )0/Ot/OY CIfY ~I11CMS A ' ~~~+~ a i ~ ~ ~. ~ m ;#;z r~ Meeting -May 5, 2009 -Page 107 0 29 ~` EXHIBIT A EXHIBIT `~C" • [i.abel as-built drawing of i.eased Premises, including access road. as Exhibit "C'' and insert here] C (00011180.DOClZ} ToxnofMarana/CrownCommuaieationsl.eascAgreemrnt i0/21i2U066:36PM • Exhibit C Regular Council Meeting -May 5, 2009 -Page 108 of 297 EXHIBIT A EXHIBIT "D" When recorded, return tn: CROWN CASTLE USA INC. Attn: Rest Estate DepartmenE 2000 Corporate Drive Canonsburg, PA 15317-8564 MEMORANDUM OF LEASE APN: 221-Ob-4010 T11fS MEMORANDUM OF LEASE is entered into on this 21 ~` day of October, 20,08, by and between the Town of Marana, an Arizona municipal corporation, whose address is 11555 W. Civic Center Drive Marana, AZ 85653 ("Lessor"} and CROWN COMMUNICATION, INC., a Delaware corporation, wilt its principal place of business located at 2000 Corporate Drive, Canonsburg, Pennsylvania 1 53 1 7-8564 {"Lessee"). Ail of the following are provided for more fully in the Agreement: 1. Lessor and Lessee entered into an Option and Ground Lease Agreement ("Agreement") dated as of October 21, 2008, for the purpose of Lessee undertaking certain investigations and tests and, upon finding the Leased Premises appropriate for the purpose of instaping, operating and maintaining a communications facility and other improvements ("Improvements"). 2. The term of Lessee's tenancy under the Agreement is for five. years commencing on the commencement of construction of the Improvements or upon Lessee's exercise of the Option, either of which must occur within one year after the date of the Agreement {the "Commencement Date', and terminating on the fifth anniversary of the Commencement Date with five successive five-year options to renew. 3. The Leased Premises, which is the land that is the subject of the Agreement, is a 25-foot by 40-foot portion of the Lessor's Property at 5541 West Linda Vista Boulevard in the Town of Marana, County of Pima, State of Arizona, as described in the sketch attached as Exhibit "A" to and incorporated in this Memorandum of Lease by this reference, including appurtenant utility and vehicular access. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the date first written. above. Lessor: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney {0001 t l 80.DOC ! 2l Lessee: CROWN COMMUNICATION, INC.; a Delaware corporation By: [Printed Name, Title] Date: STATE oF_ County of ss The foregoing instrument was acknowledged before tree on October _, 2008, by the of CROWN COMMUNICAT10N,1NC., a Delaware corporation, on behalf of the corporation. My commission expires: Town of 1NatanaJCrown Coromunicarions Lease Agreement Exhibit D Regular Council Meeting -May 5, 2009 -Page 109 of 297 EXHIBIT A Notary Public 10/21!2008 6;36 PM l~/ V CCA~TLE Sent Via UPS National Site Development 2000 Corporate Drive Canonsburg, PA 15317 April 17, 2008 Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Attn: Mayor Honea 520.3 82.1999 Tel 724 416-2000 t=ax 724 416-2353 www.crowngstle.com RE: Option and Ground Lease Agreement (BU# 807666 /Site Name: W. Linda Vista, Marana) Dear Mayor Honea: Effective March 30, 2009, Crown Communication Inc. ("Crown") and Tower Development Corporation ("TDC") entered into an agreement for the transfer of ownership of certain tower development opportunities and related real estate interests from Crown to TDC. In conjunction with this transfer, TDC appointed Crown as its exclusive development and site manager. TDC is an affiliate of Berkshire Partners LLC, a leading private equity firm with a 20-year track record of success. Berkshire currently manages $6.5 billion in committed capital, and has managed over 90 portfolio companies with a combined value of over $20 billion. Berkshire has over a decade of experience investing in Crown and its affiliates. This agreement gives Crown the access to a strong source of development capital in these uncertain economic times, allowing Crown to continue its robust tower development program. We feel that it is beneficial to you and Crown to include the above-referenced tower site in this transaction; however, since the option and lease agreement between you and Crown requires your consent prior to being assigned to TDC, I have enclosed with this letter a copy of the proposed assignment and assumption of lease agreement and six (6) originals of the consent agreement. Please review this consent agreement, and if acceptable, sign all six (6) and return them to my attention at the Crown address on this letterhead. I will obtain both Crown and TDC's signatures and return a fully executed original to your attention. Once you agree to consent to this assignment, TDC will be the owner and operator of the wireless tower facility on the parcel but Crown personnel will continue to manage the tower site as agents of TDC. Crown will operate the site as TDC's manager and will process rent payments to you on TDC's behalf. Crown will continue to be your single point of contact for all issues relating to the lease agreement. Should you have any questions regarding the consent agreement, please contact me at 724.416.2239 or via email at michelle.salisbury~a crowncastle com. • Regular Council Meeting -May 5, 2009 -Page 110 of 297 If you have any questions regarding the following, please contact Crown directly at the telephone numbers listed below. Kindly refer to the BU number included at the top of this letter so that we may serve you more effectively. • Questions regarding the development or potential development of the site under the option agreement may be directed to our Landowner Call. Center at 866-482-8890 (toll free). • For additional information about Crown and to better serve you, please visit our web site at www.crowncastle.com. The web site contains a Landowner's tab to help in the facilitation of Crown's relations with its landlords, including frequently asked questions, forms for changes of ownership or change of address/phone number, direct deposit requests, and the like. We look forward to obtaining your consent and working with you and TDC in developing the tower facility and a long and mutually beneficial relationship. Thank you Sincerely, ~'~ f~t~ ~~ ~ Michelle Salisbury Paralegal • Regular Council Meeting -May 5, 2009 -Page 111 of 297 AFTER RECORDATION, PLEASE RETURN TO: ATTN: Christian A. Farmakis Babst, Calland, Clements and Zomnir, P.C. Two Gateway Center, 6`~ Floor Pittsburgh, PA 15222 (412) 394-5400 ASSIGNMENT AND ASSUMPTION OF SITE LEASE for the Tower Site located at: Tower Site: W. Linda Vista, Marana Street Address: 5541 W. Linda Vista Blvd. City: Marana County: Pima State: Arizona between CROWN COMMiTNICATION INC., as "Assignor" and TOWER DEVELOPMENT CORPORATION, as "Assignee" • • Regular Council Meeting -May 5, 2009 -Page 112 of 297 ASSIGNMENT AND ASSUMPTION OF SITE LEASE (807666) TffiS ASSIGNMENT AND ASSUMPTION OF SITE LEASE (this "Assignment") is hereby made and entered into as of the 30th day of March, 2009 (the "Effective Date"} by and between CROWN COMMUNICATION INC., a Delaware corporation, with a principal place of business at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317 ("Assignor"), and TOWER DEVELOPMENT CORPORATION, a Maryland corporation, with a notice address of c% Berkshire Partners. LLC, One Boston Place, Boston, Massachusetts 02108 ("Assignee"). RECITALS A. Assignor and Town of Mazana ("Lessor") aze parties to that certain Lease Agreement dated October 21, 2008 (the "Site Lease") for a parcel of real property located in Pima County, Arizona (the "Leased Premises"). The Leased Premises (together with any utility and access easements) are hereinafter further described on Ezhibit A attached hereto. 4 B. A Memorandum of Lease was recorded with the Pima County Recorder's Office on at Book ,.Page C. On March 30, 2009, Assignee, Crown Castle International Corp., Crown Castle ?~ USA Inc., Crown Castle BP ATT LLC and Berkshire Fund VII L.P. entered into that certain R Tower Facility Development and Acquisition Agreement ("Tower Facility Agreement") whereby ~ among other matters, Crown Castle USA Ina (indirect parent corporation of Assignor) agreed to cause Assignor to grant, convey, sell, assign, transfer and deliver the Site Lease to Assignee, and Assignee agreed to assume the liabilities relating to such Site Lease, on the terms and subject to j the conditions set forth in the Tower Facility Agreement. D. Pursuant to the Tower Facility Agreement, Assignee, Crown Castle USA Inc., Crown Castle Towers 06-02 LLC, Crown Communication Inc. and Assignor entered into that certain Master Bill of Sale, Assignment and Assumption Agreement dated as of March 30, 2009 (the "Bill of Sale") whereby, among other matters, Assignor assigned its interest in the Site Lease to Assignee, and Assignee assumed certain of Assignor's rights and obligations under the Site Lease as more specifically set forth therein. E. By executing this Assignment, Assignor and Assignee desire to conf rm and reaffirm the assignment by Assignor, and assumption by Assignee, of the Site Lease as provided in the Bill of Sale, and the parties desire to record this Assignment in the Pima County Recorder's Office. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and other good and valuable consideration each to the other in hand paid and the premises and covenants hereinafter set forth, Assignor and Assignee agree as follows: Regular Council Meeting -May 5, 2009 -Page 113 of 297 1. Incorporation of Recitals; Definitions. The foregoing recitals are true and correct • and are expressly incorporated herein by this reference. Any capitalized terms not defined herein shall have those meanings referenced and set forth in the BiII of Sale and the Tower Facility Agreement. 2. Assignment of Site Lease. Assignor hereby grants, conveys, sells, assigns, transfers and delivers to Assignee all of its rights, title, interest, duties and obligations under the Site Lease (free and clear of all Encumbrances, except Permitted Encumbrances). 3. Assumption of Liabilities. Assignee hereby accepts all right, title and interest of Assignor in, to and under the Site Lease, and assumes all Liabilities relating to the Site Lease. 4. Representations and Warranties. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 4.2 OF THE TOWER FACILITY AGREEMENT, WHICH ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE, OR AS OTHERWISE EXPRESSLY SET FORTH HEREIN (i) ASSIGNOR IS NOT MAKING ANY REPRESENTATIONS OR WAR.R.ANTTES CONCERNING THE CONDITION, ACCURACY, COMPLETION OR SUITABILITY OF THE SITE LEASE, (ii) ASSIGNEE HEREBY AGREES TO ACQUIRE THE SITE LEASE IN ITS "AS, IS, WHERE IS" CONDITION COMPLETE WITH ALL FAULTS; AND {iii) ASSIGNOR HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SITE LEASE, INCLUDING ALL WRITTEN OR ORAL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. No Additional Rights. The parties acknowledge and agree that this Assignment is intended to confum and reaffirm the rights and obligations of the parties set forth in the Bill of Sale and the Tower Facility Agreement. Nothing in the Agreement shall modify, expand or limit any of the rights or obligations of the parties set forth set forth in the Bill of Sale or the Tower Facility Agreement. 6. Execution and Counterparts. This Assignment may be executed in as many counterparts as may be required and it shall not be necessary that the signature of, or on behalf of, each party, or that the signatures of all persons required to bind any party, appear on each .counterpart; it shall be sufficient that the signature of, or on behalf of, each party, or that the signatures of the persons required to bind any party, appear on one or more of such counterparts. 7. Further Assurances: Recordation. The parties hereby covenant and agree to execute and have executed all such further assignments, instruments of transfer and agreements and to take (or cause to be taken) all such fuuther actions as -may reasonably be necessary or appropriate in order to accomplish more fully and effectively the assignment and assumption of the Site Lease contemplated hereby. Assignor and Assignee acknowledge that this Assignment will be recorded, and each party shall cooperate with each other and take all commercially reasonable steps to ensure that it is properly recorded. • Regular Council Meeting -May 5, 2009 -Page 114 of 297 2 [Remainder of page intentionally blank.] • Regular Council Meeting -May 5, 2009 -Page 115 of 297 IN WITNESS WHERE • OF, the parties have executed this Assignment as of the Effective Date. ATTEST: ASSIGNOR: Print Name: Print Name: CROWN COMMUNICATION INC. By: Name: David J. Tanczos Title: VP -National Site Develoopment NOTARIAL AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WASHINGTON I, Sheila Osborne, a Notary Public within and for the Commonwealth of Pennsylvania, duly commissioned and acting, do hereby certify that on this day of , 2009, personally appeared before me David J. Tanczos, of Crown Communication Inc.; a Delaware corporation, to me personally known to be the person who signed the foregoing Assignment and Assumption of Site Lease, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that he is the VP -National Site Development of said entity, and, as such, is a duly certified individual who may enter into agreements on behalf of that entity. Moreover, he has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily executed by himself, on behalf of said entity, for the uses, purposes and consideration therein mentioned and set forth. WITNESS my hand and seal as such Notary Public the day and year above written. Notary Public My Commission Expires: 11/13/10 [SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF SITE LEASEl (SANFORD -TOWER DEVELOPMENT CORPORATION] • • Regular Council Meeting -May 5, 2009 -Page 116 of 297 3 ATTEST: Print Name: Print Name: ASSIGNEE: TOWER DEVELOPMENT CORPORATION By: Name: Title: NOTARIAL AFFIDAVIT STATE OF COUNTY OF SS: I, a Notary Public within and for the State of duly commissioned and acting, do hereby certify that on this day of 2009, personally appeared before me of Tower Development Corporation, a Maryland corporation, to me personally known to be the person who signed the foregoing Assignment and Assumption of Site Lease, and who, being by me duly sworn and being informed of the contents of said instrument, stated and acknowledged under oath that he/she is the of said entity, and, as such, is a duly certified individual who may enter 'into agreements on behalf of that entity. Moreover, he/she has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily executed by himself/herself, on behalf of said entity, for the uses, purposes and consideration therein mentioned and set forth. WITNESS my hand and seal as such Notary Public the day and year above written. • Notary Public My Commission Expires: Regular Council Meeting -May 5, 2~~N1~~~~i1~RD ~- ASSIGNMENT AND ASSUMPTION OF SITE LEASE] TOWER DEVELOPMENT CORPORATION] EXFIIBIT A • Leased Premises (and Utility and Access Easements) • • Regular Council Meeting -May 5, 2009 -Page 118 of 297 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item A 1 From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: Ordinance No. 2008.26: Relating to to Development; approving and authorizing a rezoning for Marana Mercantile Discussion: The applicant, Desert Troon Companies (formerly known as Diversified Partners Development Company, LLC), has requested that this public hearing be continued indefinitely. Planning Staff will be required to re-notice the public hearing for this rezone once the project is ready to come back before the Mayor and Council. ATTACHMENTS: Name: Description: Type: ^ PCZ-08013 Marana Mercantile..Rezone - Marana Mercantile Rezone Applicaticn Backup Material Application.pdf ^ PCZ-08013 Marana Mercantile Rezone=Location Marana Mercantile Rezone Location Map Backup Material M~.odf O Marana Mercantile Rezone Continuance Ltr.pdf Marana Mercantile Rezone Continuance Ltr Backup Material Staff Recommendation: Suggested Motion: I move to continue Ordinance No. 2008.26, for the Marana Mercantile Rezone to a future Council meeting. Regular Council Meeting -May 5, 2009 -Page 119 of 297 MAC .,,~.-.- ...f..,.Ij ~ ~ 'ow,.avwxA • TOWN OF NiARANA Planning Departmen# I 1555 W. Civic Center Dr. Marano AZ 83553 {520) 382-2600 Fax: {520) 382-2639 PLANNING & ZONING APPLICATION 1. TYPE C1T+ APPLiCATI01\ ((`Beet; One) o Preliminary Plat o General Plan Amendment o Variance o Final Plat o Specific Plan Amendment o Conditional Use Permit o Development Plan • Rezone/Specific Plan o Other o Landscape Plan o Significant Land Use Change o Native Plant Permit o Minor Land Dz`vison Z, GENERAL DATA RE ti1RED Assessor's Parcel Number(s) General Plan Designation 217-25-0028 (Toboconfiemoclb .sta. own Center Plannin Gross Area {AcrelSq, Ft.) Current Zoning 39.(3. acres obeconfirtnedb sta$ -144 and HI DeveiopmentlProject Name Proposed Zoning arana Mercantile Rezone C Project Location ~, of Marano Rd. , W. of I-10 Fronta e Rd. E. of II town at Mara a Description of Project 271 125 SF Commercial Retail Property Owner Diversified Partners Develo went Com an Street Address 563.5 N Scottsdale Road Suite 150 City State Zip Cade Phone Number Fax Number E-Mail Address elizabeth Scottsdale AZ 8.5250 480-947-8800 480-947-8830 d cre,com Contact Person Phone Number Liz Gaston 480-947-8800 Applicant Same as Property Qwner Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Phone hTumber AgentlRepresentative The Plannin. Center Street Address 110 South Church Avenue Suite 6 2 City State Zip Code Phone Number Fax Number E-Mail Address lmorales @ Tucson AZ 85701 520-623-6146 20-622-1950 az lannin center. Contact Person Town of Marano Linda Morales Business License No. 102691.:, 3. ALITHORIIA'I'ION OF PI20PERT1' 01YNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that 1 am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. {If not owner of record, attach wratten authorization from the owner.) 4 S. ~ ~ ~ Print Name of A licant/A ent Si tore Date rea om X:ISHARED FILES\Review ChecklistlApplcation.dac May 2005 Regular Council Meeting -May 5, 2009 -Page 120 of 297 • • ~ra.~,, :.kit ~~ ~ ~ T~ t~ ~.~__~~. ~: ~~ ...~:, ~, ,:. ~,~ ., ,{.~ 5 T~~:'~bv~; Cyr ir.a.~r.~Jh, Manna Mercantile Rezone CASE PCZ-48413 ViNages of 7ottofiita Specific Plan Area r~ a cn W SAGEBRUSH RD Z Subject Prope rty d <n Z San Lucas Uptown at Marana Spec fic Plan Area S ~~T ~~t?_o ,~ ~^1 t.~~ RAftA RD . ~,,.~^" C1fC~e ~ "" Manna Chevron 0 d C] z a z tw GR1ER RL~ Request o _ 700 9a00 f~ A reques# for approval to rezone a 39..09 acre parcel from R-144 {Residential - 144,044 square foot minimum lot size} & HI {Heavy Industrial} to VG {Village Commercial}. Data t3isdaimer. The Tam of Manna provides this reap ir~fommtian 'AS is' at the request of the user wnh the understand+ng that is nat guarantead to he accurate, oorreci or cwnplete and condusans drawn fr~wrr such informatan are the responsibittty of the user. fn no event shall The Town of Manna became liable to users of Neese data, or any other , for any loss or direct, indirect, spec~6i~idental or consequential damages, irxluding but no! limited to time, money or goodwNi, arising from the use or moditu~tion ~ tits dale. w Regular Council Meeting -May 5, 2009 -Page 121 of 297 • Aprii 8, 29 Steven %~sau~z Planner I Town o€ CVlarat~a ~<-~-r~`~~~ ~epartr~nent 11155 . Givic C~ ~ '.~ r ~~r: ~ ~~: h~~~',wrsa. Arizona c;~~:>;~. ~.,1 ~~ ;t: PCZ-~8Q13 ~~arana Mercantile Rezc~nirtg TPC c~`? '~'r a-~'~1 Dear Steven: U~~ i~ehal€ o€ my client, Div Partners Detfeloprr~ent Go. ~.Ir..~ l -~; C~_'s.,~;y, request an ~:.~'~~i.'?l~i" ~~ontinuanc~ ~ ~1- ' ~9"If',~~ with e ~layor~:~,1 C~urtt!`, ,~.~ ~,~:'' '~; ;:ffetltly soheduied • ;~ ,° r ~ f~i.~, ~, ~OC}~ f~ rir I ~ ~ additional time l~' ^~~ ~°~d to c •~~' ,:,1 w~,si: with Town staff or, ,~ ,,. _~~~pmer~{ u~;~uiment ,.~; the project, lNe c~;~ ~u G~;~ aa~::; ?...rind the reze~ning ar~~.+ ~I- ~ 7.ant ag~r~~~ent back to Council as quickly as p risible. A± the tirr~e that 4~e are ~ ;~, , to pre ~' we wi91 r~ :west that the case be re-noticed €cr a €uture agenda. Thank y~ u €or your assistance. Please let me know i€ you have any questions or need any €urth~ ~ ,: „nation. Sincerely, THE PLANNING CENTER f~. _ . ~' _ ~ s, Principal • Regular Council Meeting -May 5, 2009 -Page 122 of 297 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item A 2 From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Progress and Innovation Subject: PUBLIC HEARING: Ordinance No. 2009.05: Relating to Development; approving and authorizing an amendment to the Land Development Code, Title 24, Section 24.01 Silverbell Road Corridor Overlay District Resolution No. 2009-60: Relating to Development; declaring the amendments to Title 24; Section 24.01 -Silverbell Road Corridor Overlay District, of the Town of Marana Land Development Code as a public record filed with the Town Clerk • Discussion: Summary In an effort to improve the effectiveness of the manner in which the Town serves the community and to ensure the provision of efficient and effective service to the development community, staff has been reviewing and evaluating the Land Development Code for opportunities to amend Ordinances that contain obsolete or outdated procedures and standards. With the recent influx of Conditional Use Permit requests within the Silverbell Road Corridor Overlay District (SRCOD) (Title 24, Section 24.01), Town Council has indicated that Title 24 may possibly need revisions and improvements, and has directed staff to review the Title and, if necessary, propose an amended document for consideration by the Planning Commission and Town Council. Title 24 (Overlay District Regulations), including Section 24.01 (Silverbell Road Corridor Overlay District) was approved by the Town Council with the adoption of Ordinance 2003.07 on December 16, 2003. Since the adoption of the Ordinance, new town-wide standards have been developed and adopted that are more comprehensive than those specifically regulating the SRCOD. Staff has reviewed the SRCOD regulations and has identified a number of areas concerning existing administrative, procedural and regulatory standards that are no longer effective at regulating development within the district. This amendment proposes to replace these outdated or obsolete standards with the more current standards. This includes incorporating compliance with the Town's Commercial Design Standards (Section 08.07 of the Land Development Code) into the SRCOD regulations. At the time Title 24 was adopted, the Commercial Design Standards did not exist; therefore, separate regulatory standards were created that were specifically applicable to the District. The Commercial Design Standards adopted by the Town Council on March 20, 2007 are much more comprehensive and allow for a more complete review of site, architectural, and landscape design than the standards currently contained within the Title. Other outdated standards include those regulating site lighting. The Town of Marana Outdoor Light Control Code, adopted by the Town Council on August 12, 2008 contains standards that surpass the regulations currently within Title 24, and therefore, should supersede. Regular Council Meeting -May 5, 2009 -Page 123 of 297 Given the fact that there are only two remaining parcels within the District that have not been planned for new commercial development, staff believes that streamlining the commercial land use and design review process by eliminating the requirement of a third party review (Manager's Design Review Committee) will increase the efficiency of the review and approval process for both the development community as well as Town staff. The responsibility of site, architectural, and landscape review would be placed in the hands of the Planning Department and the Planning Commission. This streamlined process will minimize time and other resources allocated by staff, as well as Town Council, as Council approval. and ratification of the Committee's findings will no longer be required. Other revisions proposed by staff include: 1. Revised application and review procedures for development plans, design review and landscape plan review to follow the Town's standard procedural guides. The standard procedural guides have been periodically revised and updated, and currently define processes that are effective and efficient. The procedures currently defined within Title 24 generally duplicate procedures within the standard development procedural guides, with a few exceptions. In order to simplify the application and review processes without sacrificing the integrity of the existing Title 24 requirements, staff has proposed revisions that will retain the existing requirements that are unique to the SRCOD and not addressed by the procedural guides and replaced those requirements that are duplicative or no longer effective. 2. Development plans will be forwarded to the Planning Commission for final approval with an appeal option to the Town Council. Staff has proposed the elimination of the Manager's Design Review Committee and the ratification of their findings by Town Council in order to shorten the review process by months, and minimize or eliminate the potential for conflict between the approving bodies. By combining the development plan and design review and allowing them to be approved by a single body (Planning Commission), the review process will become much more efficient and effective. The Town Council will only be required to consider a development plan application within the SRCOD if an appeal is filed regarding the Planning Commission's decision. • 3. The Planning Director may approve minor modifications to approved plans. Major modifications will return to the Planning Commission. 4. Expansion of the use of holiday sales lots to include holidays outside of Christmas and Halloween. The duration restrictions have been removed. 5. Business establishments operating outside of the hours of S:OOam to 1 l :00pm has been removed as a Conditional Use. A number of uses within the District including the recent approvals for 24 hour fitness centers and the Quick Mart convenience store currently operate on 'an extended hour basis, and have proven to not be detrimental to the District. Grocery stores and drug/convenience stores often operate on a 24-hour basis in order to provide needed services to the community. The uses within the SRCOD are of such a nature that operation on an extended hour basis would not prove to be disruptive to the District. 6. The performance standards have been revised to update the existing regulations pertaining to conducting outdoor sales activities and events, and displays in shopping centers. Uses within the District that were in operation prior to the SRCOD, and therefore, are not subject to these restrictions have been conducting these uses without imposing any detriment to the community. Generally, the Town supports these events, as they promote pedestrian activity within the community and serve as community building events. Financial Impact: Approval of the Resolution declaring the SRCOD amendments a public record will reduce the Town's costs by eliminating the need to publish the entire text of the revisions to the SRCOD in the newspaper. • ATTACHMENTS: Name: Description: Type: Regular Council Meeting -May 5, 2009 -Page 124 of 297 ~ Ordinance 2009.05 Amendment to Title 24.doc Ordinance 2009.05 Ordinance • ^ Resolution 2009-60 Resolution 2009.60 Resolution Amendment to Title 24.doc ~ TITLE 24=SRCOD TC pdf Title 24; Sectian 24.01 Backup Materia{ Staff Recommendation: Town staff has prepared the attached draft text amendment for Title 24; Section 24.01 and recommends approval. Commission Recommendation - if applicable: The Town of Marana Planning Commission considered the proposed amendments to Title 24, Section 24.01 Silverbell Road Corridor Overlay District at its regularly scheduled meeting on March 25, 2009, and recommended approval by a unanimous vote (Commissioner Wiles, Absent; Commissioner Wood, Excused) with the condition that schools are added to the Use Regulations as a Permitted Use. Suggested Motion: I move to adopt Ordinance No. 2009.05, amending the Silverbell Road Overlay District, and Resolution No. 2009-60, declaring the Silverbell Road Overlay District revisions a public record. • • Regular Council Meeting -May 5, 2009 -Page 125 of 297 MARANA ORDINANCE NO.2009.05 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING AN AMENDMENT TO THE LAND DEVELOPMENT CODE, TITLE 24; SECTION 24.01 - SILVERBELL ROAD CORRIDOR OVERLAY DISTRICT WHEREAS, the Marana Land Development Code (the "Code") was adopted by the Mayor and Town Council on May 14, 1984 by Ordinance No. 84.04; and, WHEREAS, Title 24; Section 24.01 of the Marana Land Development Code was adopted by the Mayor and Town Council on December 16, 2003 by Ordinance 2003.07; and, WHEREAS, the Mayor and Town Council have amended the Code from time to time; and, WHEREAS, the Code contains Title 24; Section 24.01 -Silverbell Road Corridor Overlay District, which regulates development of land within the Silverbell Road corridor; and, WHEREAS, the Marana Planning Commission held a public hearing on a request to amend Title 24; Section 24.01 of the Code and hear comments from staff and the public on March 25, 2009, and at said meeting voted unanimously to recommend that the Town Council approve said amendments; and, WHEREAS, the Marana Town Council held a public hearing on a request to amend Title 24; Section 24.01 of the Code at the regular Town Council meeting held May 5, 2009; and, WHEREAS, the Mayor and Town Council find that approval of the proposed amendments is in the best interest of the residents and businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of Marana, Arizona, as follows: Section 1. Title 24; Section 24.01- Silverbell Road Corridor Overlay District of the Town of Marana Land Development Code is hereby amended by revising the administrative, procedural, and regulatory standards of said Section and bringing the standards into conformance with the Town of Marana's adopted updated policy documents, three copies of which are on file in the Office of the Town Clerk of the Town of Marana, Arizona having been made a public record by and attached as Exhibit A to Resolution No. 2009-60. Section 2. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or • motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. Mazana Ordinance No. 2009.05 Regular Council Meeting -May 5, 2009 -Page 126 of 297 page 1 of 2 • Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall be effective on the thirty-first day after its adoption. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Marana, Arizona, this 5~' day of May, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk • APPROVED AS TO FORM: Frank Cassidy, Town Attorney L Mazana Ordinance No. 2009.05 Regular Council Meeting -May 5, 2009 -Page 127 of 297 page 2 of 2 • MARANA RESOLUTION NO. 2009-60 RELATING TO DEVELOPMENT; .DECLARING THE AMENDMENTS TO TITLE 24; SECTION 24.01- SILVERBELL ROAD CORRIDOR OVERLAY DISTRICT, OF THE TOWN OF MARANA LAND DEVELOPMENT CODE AS A PUBLIC RECORD FILED WITH THE TOWN CLERK BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL, OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The amendments to Title 24; Section 24-01 of the Town of Marana, Arizona, Land Development Code, a copy of which is attached to an incorporated in this Resolution as Exhibit A, three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN • OF MARANA, ARIZONA, this 5~' day of May, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Regular Council Meeting -May 5, 2009 -Page 128 of 297 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE TITLE 24 OVERLAY DISTRICT REGULATIONS SECTION: 24.01 Silverbell Road Corridor Overlay District 24.01 Silverbell Road Corridor Overlay District A. Purpose The following regulations are hereby established to promote the health, safety, general welfare and the orderly growth of the Silverbell Road corridor; These reoulations were created -to accomplish the followino: 1.1 achieve the goals and n"' policies defined within 8f the Town of Marana General Plan; to establish basic development standards for structures, as well as landscaping, and other improvements within the corridor: and 3.) promote ~l good quality; and innovative site design, ~^~ ~+ +ho ~~.,,o +;.,,o while encourageina the efficient use of land u-safe; nd capital investment and oromotino safe and efficient traffic circulation. ~o~;T~sh~ev nrn~+ ~+.,.,ra~+rr+c~ uihinh ,.,.n This sk~apter title further seeks to f$ster encourage and promote commercial development which is oriented to serve the adjacent neighborhoods. This overlay district is intended to provide for specific uses in a planned commercial setting which will be compatible with, and complimentary to, with adjacent uses, including nearby residential neighborhoods;. The Overlav District ~ w will promote a high level of architectural and landscaping excellence. More specifically, the creation of this special district shall be encouraged through a coordinated set of design principles for mss; site planning, structures, architecture, landscaping and signage. These principles are intended to guide oaf development activity+es in a manner ss that results +h o„ ,.an ~~inrL inns+hor ,,,~„~~~., in compatibility in terms of land use, site desian, and aesthetics. No land use or development within the Silverbell Road Corridor Overlay District boundaries, subject to these regulations, shall commenced or be approved except in conformance with the provisions of this chapter title. This sl~apter title shall regulate all land use and development within the overlay district and shall supplement the provisions of the underlying zoning district and/or the applicable specific plans that comprise the area. The Silverbell Road Corridor Overlay District provides for a variety of l~e+gt~e~#aed uses such as multi-family residential. offices, retail commercial . retail and commercial services on ~y undeveloped and previously Title 24 -Silverbell Road Commercial Overlay District Page 1 of 29 Rec iced: 12/ 16/03 Ord. 2003.2? Regular Council Meeting -May 5, 2009 -Page 129 of 297 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE developed commercial property. Compatibility with existing land uses is • intended for new development. • Title 24 - Silverbell Road Commercial Overlay District • Page 2 of 29 Re«sed: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 130 of 297 TO~~? OF MARANA, ARIZONA LAND DEVELOPMENT CODE G)~ Applicability The regulations for the Silverbell Road Corridor Overlay District shall apply to all TlGlrcommercial and multi_~ia family developments within the district and to any property within the district subsequently changed to a commercial or high density residential land use designation as a result of rezoning or a specific plan amendment. This der title applies to any commercial land, parcel, lot or project site lying adjacent to Silverbell Road between Cortaro Road and Twin Peaks Road. These regulations shall also apply to any commercial or multi_~e family residential project site contiguous to any applicable land, parcel, lot or project site adjacent to Silverbell Road. The regulations contained herein shall apply to the area known as the Silverbell Road Corridor Overlay District, the boundaries of which are shown on Exhibit 1, herein, and on the Town of Marana Zoning Map. €~~-Interpretation, Scope of Regulations ~ The regulations set forth by this S~a~te#itle -shall be minimum regulations for new or proposed commercial or multiple family developments and shall apply uniformly to each class of use, structure or land, except as hereinafter provided. For building and development occurring subsequent to the enactment of thls der title, no building structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein. These regulations shall not apply to properties for which development approval has been obtained prior to the effective date of this ordinance. ~D. Definitions Certain words used in this Chapter shall be interpreted as defined within this Section or as defined in Chapter 3 of The Marana Land Development Code. Abutting: The condition of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only corner or corners, but not including cases where adjoining lots are separated by a street or alley.(also see adjacent/adjoining; contiguous). Adjacent/Adjoining: The condition of being near to or close to but not necessarily having a common dividing line, i. e., two (2) properties which are separated only by a street or alley shall be considered as adjacent to each other. (also see abutting; contiguous). Title 24 -Silverbell Road Cotnmercial Overlay District Page 3 of 29 Reeised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 131 of 297 TO~;~' OF ?vIARANA, ARIZONA LAND DEVELOP?vIE?~TT CODE Compatible: Capable of existing together in harmony and without conflict or ill • effects. Contiguous: Next to, abutting, or touching and having a boundary, or portion thereof which is common or coterminous, as distinguished from being adjacent. (also see abutting;adjacent/adjoining. ~:E. Effect of Other Provisions These provisions are intended to supplement the requirements of the underlying zoning district or specific plan. If any provision of this Chapter is found to be in conflict with any other provision of the Marana Land Development Code or with any provision of the Continental Ranch Specific Plan, Pima Farms Specific Plan or Pima Farms North Specific Plan, the provision that establishes the higher and/or more restrictive standard shall prevail. Sz.#: Design Review Overlay District €-sta~lis#ed 1. Purpose To guide the general appearance of buildings and improvements and achieve the stated objectives of the Silverbell Road Corridor Overlay District. The Design Review (DR) Overlay District is superimposed over the Silverbell Road Corridor Overlay District. 2. Applicability The Design Review (DR) Overlay District includes the entire Silverbell Road Corridor Overlay District. Such development includes, but is not limited to, new commercial, institutional, office, multi-family residential projects, proposed conversions, exterior remodeling, exterior restoration, enlargement or expansion of existing buildings, and requires the submittal of a design review plan pursuant to this Chapter. The development or modification of an individual single family detached dwelling on a single parcel is specifically excluded from the requirements of the Design Review Overlay District. 3. Standards No new land use or development within the boundaries of the Silverbell Road Corridor Overlay District shall be commenced or be approved except in conformance with the provisions of this Skla~tertitle. Title 24 -Silverbell Road Commercial Overlay District • Page 4 of 29 Revised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 132 of 297 TOWN OF MARANA, ARIZONA I.AI~TD DEVELOPMENT CODE I 11°cinh d°~nnw /"nrr~rr~~f#°° i of fiv° /~.~ m ° m h °r c ~ r°nr°c°n#~#i v° of hn#h r° ir#°n#i.+l .-+nr# nnmm°rni~l in#°r°c#n ^ ,,h ~+ ~ ^ ' ' ~^"~ nnrri alen the T rlnr ~y nn ~~ .+hlic~h r~~~T m m i #i~~+l g dT1 VFi7CH ~ on ,~ m Q ~l. Design Guidelines, Objectives and Considerations obJcvtives of the-,.~,.,e~sign I~~euie~ nmmi##~. ~~h~~ies#irrves-~L~~.°-~epF:ated~,to /~s+te-des+ga~~~~~ h~ iilrlinn rt°cinn ~~`~Frrio-a.~e6t.'7' n~cs~n ~~~i~c °vnmin°r# #n rl°#°rmin° uih°#h°r 4h° r+r~+r+no°rl r1°v°Innm°n# m°°#c #h° in#°n# of this ~haPter. T~° "gee--s-oes+g ; °evT~ittee ~~ nnn~iae~- f^llnuiinn nri#°ri~ in r°vi°uiinn #h° ~nnlino#inn• Town staff will review all design review applications and evaluate each application for compliance with standards that address the following: 1.1 Site Desi n: 2.1 Landscaping and Buffering: 3.1 Site Grading and Drainage: 4.1 Sianaae: 5.) Utilities: and 6.1 Building Design. 1. Site Design Considerations: How the site design impacts adjacent residences and neighborhoods, sensitive lands, viewsheds, adjacent streets, pedestrian needs, and parking lot function and safety. a. Compatibility: Examine the functional relationship of the site to its surroundings. Protection of adjacent residential neighborhoods is the Town's primary concern. Particular attention should be given to the location of parking, driveways, outdoor lighting, outdoor use areas and compatibility of uses. Adjoining residential areas should be protected by maintaining a landscape buffer edge and directing building openings away from residential areas; and, b. Traffic Patterns: Evaluate the separation or integration of vehicular, pedestrian and bicycle traffic patterns. The development of land in cooperation with owners of adjoining properties is encouraged where parking, driveways, plazas and entries can be shared. Pedestrian and vehicular safety should be maximized by carefully siting and limiting the number of driveways; and, c. Off-Street Parking: Evaluate the arrangement and adequacy of off-street parking facilities and access points. Parking should be safe, easily accessible and not allowed to dominate the entire development. Plant materials should accent and define entries. Large paved areas should be scaled down by introducing different materials. Whenever possible, parking should be located to the rear or side of buildings to provide • Title 24 - Silverbell Road Commercial Overlay District Page 5 of 29 Re~-ised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 133 of 297 TOiX'N' OF MARANA, ARIZONA LAND DE`'ELOPMENT CODE screening and a strong architectural street edge. Paving materials should be compatible with other on-site materials. Additional specialty paving materials such as tile, brick and exposed aggregate should be introduced where appropriate; and, d. Loading Areas: The location, arrangement, and dimensions of loading ramps, docks and bays should minimize visual and noise impacts on adjacent residential areas; and, e. The location of trash receptacles and screening of such. Careful screening of undesirable elements such as loading, trash receptacles, mechanical equipment, etc., is critical; and, f. The illumination plans and hours of operation; and, g. Circulation Visibility: Evaluate the site distance requirements of the streets and driveways. Adequate site distance for motorists and pedestrians entering and exiting the site must be ensured. Landscaping should not interfere with circulation effectiveness; and, h. The coordination of the site development with the planned right- of-way alignments, acquisitions and street improvements; and, i. Urban design and aesthetic considerations; and, • j. Solar considerations: Trees and architectural features such as overhangs, trellises and awnings are encouraged to provide shade from the summer sun; and, k. Any sensitive lands located on the property or possibly affected by the proposed development must be avoided, mitigated or otherwise resolved per Town, County, State or Federal requirements and recommendations. 2. Site Landscaping and Buffering: The site landscaping should provide a highly attractive landscaping that buffers unwanted views and sound, creates an interesting streetscape, and provides a safe transition between contrasting uses. a. Evaluate the location, height, and materials of walls, fences and screen plantings. Selection of plant materials should be based on year-round interest, color, branching pattern, etc. Parking lots should be broken up with landscaped buffers. Trees should provide a lush overhead canopy for solar control. The overall effect of both the perimeter landscaping and the interior landscaping should be one of a relatively consistent tree cover which will shade the pavement and vehicles; and, Title 24 - Silverbell Road Commercial Overlay District • Page 6 of 29 Revised: 12 / 16 /03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 134 of 297 TOWN OF ?vIARANA, ARIZONA LAND DEVELOP?yIENT CODE b. Evaluate plans for the on-going maintenance of the finished landscaping; and, c. Evaluate plans for safe sound and site buffers in consideration of the preservation of adjoining residential neighborhoods relative to view sheds, ambient noise levels, light and air, both on the site and on adjacent property. Earth berming, fences or dense landscaping should be used at the perimeter of the parking areas to provide for visual enclosure and screening; and, d. The design and utilization of open spaces and trails, if applicable. 3. Site Grading and Drainage: The on-site grading and drainage shall provide slope and soil stabilization, prevent soil erosion, and minimize off-site impact. a. Evaluate plans for soil removal, fill work, soil stabilization, and erosion control; and, b. Evaluate plans for plantings, ground covers, or shrubbery as a means to prevent dust, stabilize soils and control erosion. • 4. Signage: Commercial sgnage should provide business identification, minimize clutter and confusion and comply with provisions herein as well as Chapter 16 of the Marana Land Development Code. a. Evaluate the size, location, lighting, and hours of operation of all signs and advertising features to achieve compliance with this chapter. Signage plans for the entire site should indicate how signs will be illuminated, their design and spatial relationship to other site amenities, including buildings. Signage, window designs and awnings are most effective when color coordinated with the building facade. Darker, deeper and brighter colors on these elements create interest on the facade and call attention to windows and doorways; and, b. Evaluate the function and maintenance aspects of signs and other advertising features. 5. Utilities: Utility systems should not detract from building or site appearance. The size and location of all service systems should be appropriate and maintainable. a. Electrical and telephone service systems shall be underground; and, • Title 24 - Silverbell Road Commercial Overlay District Page 7 of 29 Re~~ised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 135 of 297 TOW?' OF MARANA, ARIZONA LAND DEVELOPMENT CODE b. Transformers and pad-mounted mechanical and electrical equipment shall be screened. 6. Building Design Considerations: The Commercial Design Standards defined in Section 08.07 of the Marana Land Development Code shall be used in conjunction with the following buildino desion considerations. a. Building Mass: Evaluate the building mass and its relationship to surrounding development and its proposed use. The relationship to the surrounding uses shall be considered in respect to the scale and massing of the proposed uses; and, b. Proportion of Building: Evaluate the height to width relationship of new structures for compatibility with the proposed use; and, c. Building Openings: Evaluate openings. They should provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment; and, d. Relationship of Exterior Materials: Evaluate the • appropriateness of exterior materials and color to reduce apparent building mass and blend with the surrounding area. Exterior building materials should be genuine and not simulated. Shadow patterns created by architectural elements such as overhangs, trellises, projections and awnings are encouraged to contribute to a building's character while aiding climate control; and, e. Building Color: Building color should be compatible with the neighborhood and should reinforce the visual character of the proposed building. Warm muted shades should be used as the body or overall building background color. Brighter, more intense and richer hues of related or contrasting color should be used as accent colors and highlight colors for architectural elements; and, Building Elevations: Building elevation treatments should be carried to all sides of the building. Building construction and design shall be used to create a structure with substantially equal attractive sides of high quality, rather than placing emphasis on the front elevation of the structure and neglecting or downgrading the aesthetic appeal of the side and rear elevations. The character of the surrounding residential Title 24 - Silverbell Road Commercial Overlay District Page 8 of 29 Revised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 136 of 297 TOWN' OF MARANA, ARIZONA LAND DEVELOPMENT CODE development should be Incorporated Into the architectural design and materials. Production designs common to fast food restaurants, convenience markets, etc., are strongly discouraged; and, g. Roofline: Rooflines of buildings on adjacent properties should be considered in the design to avoid clashes in style and materials. All roof materials and colors should complement the primary building material and color; and, Accessory Buildings: Accessory structures and /or additions should utilize the same materials and design as the primary structure; and, Evaluate compliance of architectural design with the requirements of the appropriate specific plan, when applicable. IL Pleeinn Dnvieu• i. nliw~fi~n~~'vrv~c.~i-~o°i~ie~-=A{~}~-1 "vra-vriv~e~l D~-cr'vc'ty SeTr~dQr 9vera~~i~ i,~D~es+gn RevT~ef sit~an~~Iil.+~,~,s rlcvolnnmont nr nl+oro#inn droll ho nrooon+oA to the Dlnnninn rliro n+nr in onnnrr~onnc uiith 4hc nritc rin lictorl nnrt cct forth in +hic r`hnnfor E. ~+ITe~beA D.,~a f`..~rirl~r n~I~p •~\~~i.~triwn'v'i'-v°r..~ri ~eTilTY1r-/'11T ~y>nlinn}inn~~nni ~irir~~,~~~c~,jn~-t~'e~/~ew-~Ct11 ~'~a4'vrmrmc°c.-`ta t~v m°r. D~~'1l~~nn~n,,,,i,,n~~aa{n^rlircntnr fnr cnh cr7~ ilinn hcfn rc the 11Aononcr~e. I'lecinn Devious b~l'Fii-FitFt~ ~c Dlnnninn rlir~tnr mill nrn~ii rtc on infnrmol o't min ictrnti~~~~TCVr f ~. ^n ~;~l„sar+t ~`~F1e~~F&s tkle-P~Ilar}ager's~Besign F~eview ('`~m~t~ a~l~ty-pr°cve~ltr~ic~ rl o~iclnnmont nrnnncolc rtircn+I~i +n +ho Dlnnninn r`nmmiccinn , ~~II not ho cnhorJ~ ~lor7 fnr nnnci'terotinn hofnre tho 11Aononor~c rloeinn sinus /~`nmmi++co ~+i~T~nh +imo oc+ oll c+~~hmittol mot~o~l ~.~o r~ °°mPrc~$r ,1~. Application Requirements Prior to the approval of a~ltsat+en-der a Development Plan as~af application or #e~ issuance of a building permit to erect, construct, alter, remodel, move or otherwise change the use of a building or structure within the Sitverbell Road Title 24 - Silverbell Road Commercial Overlay District Page 9 of 29 Re~~ised: 12 / 16 /03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 137 of 297 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Corridor Overlay District, tk}e an applicant must f+le submit a complete design review application ~ the Planning B+reEtae= Department and receive approval of the application. All Aapplications shall be submitted in accordance with the Development/ Site Plan Review Procedural Guide and Application and shall be in compliance with Section 08.07 (Commercial Desian Standards) of the Land Development Code. ~1 \/inini#v Dlon hnauinn II i n r#ovolnn ~/ ~. o ~o„ ~~~T~ ~a~ ~ s,r-e~T ent within ¢ mile a the tarn ner#ai linec• nnr) ~ i z~+te-~-Ea~s~shew++~g • ;~; d- e•Tnnnnr~nhin linnc rc nrccc n#inn me onr# nno# rl oaiolnnmcn#• onrl > > ,~..,, ~~,,~~ e M • a~tttY 1-F- a I nno#inn of ovic#inn #roec onr# c#n ~r•fi roc • one•I • f ~ i I nnn#inn onr# r#imoncinnc of c#roc#c onr# #hoir r#ccinno#inn• on`# • i ~ i I nnotinn of nrn rant cr) nff_ctrcc# norLinn onrl Inorlinn fonili#ioc• onr# ~ a L I nno#inn onr# r#imcncinnc of nrn nncorl onnocc nnin#c onr# in#ornol > > no n of moll onr# f noc innh irlinn hcinh# ~nrl nnn n . ~~t~eT,--o,--..~.,,s~Tea~, "..7..T-~„a--o~str~st~Pn > > m 1=v#orinr linh#inn nlon innl~irlinn c#onrlorrlc onr# rlovinoc• on`# > > > Title 24 - Silverbell Road Commercial Overlay District , Page 10 of 29 Revised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 138 of 297 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE C ~1. Architectural Plans: In addition to the development elan. Aarchitectural flans are required that s~iew+ag include the following: a. Building materials; and, b. At least four (4) elevations, so that all sides of the development are presented. Perspectives, models or other graphic materials may be submitted at the option of the applicant and the Planning Director; and, c. Proposed color scheme of the entire building, including roof; and, d. Site photographs of the site and adjacent properties; and, e. Color and texture chips of actual sample materials may be submitted at the option of the applicant or as may be required by the Planning Director; and, f. Scale drawings of all signs showing size, material, text or other graphic symbols, colors and illumination. ~ Qn~ inrloricc nrn ncr# • f h Cvic~#inn #rccc ~nr# v • n Tho Innr~#inn .~nr# r#o ai lincc ~nr1 rlimcnc ono4n#inn• ~nrl ~ i cinn of r~rer~c. #n ho innc• ~ f Ir~nrlcn nr# f ~ncrl• r~nr# • e-I Tho Innr~#innc r~nl# In • hn4 lic# nr h e s -ss hele. fnr nll nrnnno e ~ iloc+ aui#h hn n ta ed - r# nl~n inr~l ~ > > #c• r~nrl f f nrl nnmmnn n~mc . ~~ ~r >T n~ inn#i#v cn~ninn ~- .,,z.,~ , ~nr1 ci~c of III nrnn nccr~ I , r,nrlcn~no m~#ori~l ~# "I "' e > > ~L in#i-~-~=o~"~r I-,ar Qse~r,~;,rr~~Pe~enfs,~T as ei~rn -u~{~.ri,~rcn~.~'~Iri.~'~~v°c$, cnreono fns in#oinc. aeir~# f #~ rec. c4rco~i irni~-c link#c. nn~ ir# r noai~ or~~, rur~er~easc~w~ -vcrvv cni-rr ~v~gnic~ -wvrc$r-Or-Pav ~r , Ci-tt3p Title 24 - Silverbell Road Commercial Overlay District Page 11 of 29 Re~-ised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 e Page 139 of 297 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Irrinotinn nlon~ ~n~nrinn +ho ~~o onr~l Inno+inn of all oniiimm~n+ ~~rrtgarr°r'-PTCCT-T wnrT9~rr~r ~ needed +~gu+~~si+,~ +,~~~i~ nrlorrl$ on~o~ll •J f ~ mrlcrn rn~ mrl irrin o+inn ova+cm• onrl 1 f , f e 2. Landscape Plans: Landscape Plans shall be submitted in accordance with the Landscape Plan Procedural Guide and Application as well as Title 17 of the Land Development Code. 3.~=Existing Structures and Sites: Applicants proposing conversion, remodeling, renovation, enlargement or expansion of existing structures or sites shall submit sufficient information and detail so that the noon nn or'c rlocinn Doviour /-`nmmififioo nnfl ~nr +ho Planning 9+reste~ Department may determine compliance with the provisions of this C#apte~ title. - ~A jinn °e~T .wwe 1.l~p~lisatien and Fees: A# I^~~+ +,.,on+,r_n~C~~rs nr~Tev~e~~3p the-Mar}age~-'c~-vc~i~~ D~TO~.r (~nmmnir#~,4~~ +hc ~nnlin~n+ chill ~~~hmi+ nlino+inn uri +ho m iir .~nnlino+inn fcc +ho t i~~tege##er~tfa~,,~r~,red ate-z,,~ Dlonninn 1'liron+nr ar~a e~-'s-L~es+ = :" ; °evT ,., r :ttee- ' ~+inns: The Bes+ n ~ l~~view . , Q g r e~* ee-ma ~esoie g ~ n~Fese~lr~ep ' ' ^s~ en ~ t y ; medifisatien is re ~+red e i^°+inn is ^^' -a r~tk~e a ed the q , `~ m ~~~ chnll nronnro n ~ P~ p c~+n+cmcn+ of +hc rcoc ono for i+c~ nn+in , n ~ ;-Qe~nn. ~„~"°I The 9es+ ~~ev+~,~, ~~ ~;flee's~-ese~^Te~~^+ ~ ~ ~ - g ~, ~. by +ho Dlonninn Plircn+nr +n +ho Tnurn (`ni moil for nnnoirlcro+inn ~+ +hc , ir i Th ~~~.rn ('`n~~~.~ll on+ +n affirm nr r~~-~ in ~.rhnlo nr in nor+ nr ~ > > > medif the~esi ;~evT ,., ran Rttee's~-ess~^~~;~'~ 7 - g r: Title 24 - Silverbell Road Commercial Overlay District Page 12 of 29 Revised: 12/16/03 Regular Council Meeting -May 5, 2009 -Page 140 of 297 Ord. 2003.27 • • TOWN OF MARANA, ARIZONA L:~?~?D DEVELOPMEI~?T CODE ~i finr~inn of tho ~ vi mi~e n~ irc•~ innt to t ~+n r•n ci^ -~ ~ ~ r -c nrn~ii nc of thi (`h e{ c r~ cc s ~+nt ~•+11 I~+nco nrl h nmc ni ill nnrl ~inl~ waive /'1 `) - es ~ s Frv-vTs~rio~r-crri ~r ~ vmv--nc+rr cxnv~v rGfsr f ~27rr~Gpvv-- r~v f f lr~n n cc p~ ~ ~ ~~r ~~i~~ nnntoininn the ~l e tn # h A~+n'+n °o vrr~ e~lT uc.Tt rc ~+c nnc~ thorcnf tho ~ T T ~ ~,,, ~ ('`nmmittoc m'.v nrr+nt nno ovtoncinn of time not to cvnoort ~~~+I~~~m ~+~~~nn ~+n ~+nnlin•+tinn fnrm ~~m~~_~~Z~A~n~c~~r~~~olryn Th~~~lni~iinn mnrlifin~+#inn~ ~'.I~I ~pai ~i~r~aT~~~li ~~tinn frnm tho ~A~nonor~ llocinn Qcvi c~u rnmmittoo• "`7 sa~ie~e~ ~i'ai l aas ~~~e sen~i~iens sash as „~,,,9--P r e o ~ in~+nti nin~+tc't tnnnnr~+nh~i rnnr•1 ~linn - mcnt nr n~c~om cntc• nrnvir~orl th ~t e ~ n.-+,~~oip~ ~e~in~ ~Inr nirn~ ilo~ e~ n • il~+r nnm nnn tc n f t h ~~ n~T~Q~+An~c rlocinn •~nr~l nthor m~t~T~ nrn~ii~orl nrr7in~nn ~ ~ ~ _ ~ , { t~e~ea+en~s nro cT • Title 24 - Silverbell Road Commercial Overlay District Page 13 of 29 Re~-ised: 12/16/03 Regular Council Meeting -May 5, 2009 -Page 141 of 297 Ord, 2003.27 TOWN OF MARANA, ARIZONA LAND DE~?ELOP~vfENT CODE Q. Restrictions on Other Required Documents • Building Permits: The Town of Marana Building Services Department shall not issue a building permit to any applicant within the Silverbell Road Corridor Overlay District until the design review application has been reserer~dedaccepted by the ""°~9 Plannino Department. onrl r~+ifiorl ha, tho 2. Certificate of Occupancy: The Town shall not issue a final Certificate of Occupancy to the applicant until all of the requirements of the design review process have been met. R. Silverbell Road Corridor Overlay District Development Plan Procedures A. Development Plan Review Development Plan Review, in accordance with the Town of Marana Development/Site Plan Review Proceduresal Guide, is required for any non-single family development within the Silverbell Road Corridor Overlay District. T~ cito nrn nncoe-1 fnr lJovolnnmont mi ict ho ~nnor! fnr thn i tco T .~rc~-v~vvvaca~vrccv cra~vnTCn rn-rwrv~tvi ', ' 1?rinr to ci ~hmi++nl of ~n .~nnlinntinn fnr It caiclnnmont within tho Cihicnc~ll s 7nr1 the ron~ iiromcntc of this. f`h~ntor n th oai nort~in to the nrnnnc cr# nPrrpl~t The intent of the mcctinn icy tn. 'a. l~°ntifii nrniont ic•ciioc• r# crrm7-PrvJcv~c-~vc~w~-, 'urn~rv'~ ~, ~~ ~'~ib7e~ ~ c fnvnrnhlo ~r#inn by thn 11"~n~ncr~c. fleoinn ~ovicaAi Title 24 -Silverbell Road Commercial Overlay District . Page 14 of 29 Reeised: 12 / 16 /03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 142 of 297 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE i r~r~Q~ h~i the Dlnnninn rlcnortmon# onrl ~nnnm n~niord h~i n cc B. Planning Commission Action Required Upon the completion of the Development Plan Review, applications for development within the Silverbell Road Corridor Overlay District shall be scheduled for consideration and action by the Planning and Zoning Commission, subject to the requirements of the underlying Specific Plan or zoning district as well as the Commercial Design Standards. The Commission may, if satisfied that all the objectives of the Marana Land Development Code and Town standards have been met, approve the Development Plan, or approve with conditions. If the Commission finds that the Development Plan requires revision, the plan may be continued pending revision. C. ARpeal Procedure The action of the Planning Commission may be appealed to the Town Council by the applicant. Reauests for appeal must be filed on an a plication form provided by the Planning Department, and must include the appropriate fee as established by the Town Council. Requests for a peal must be filed within ten (101 davs following the date of the • Planning Commission action. The Town Council shall act to affirm or reverse in whole or in part, or modifv the Commissions decision including the addition or deletion of conditions or restrictions. D. Modifications A reauest to modifv. expand, or otherwise change an approved development plan application, not in substantial conformance with the Planning Commission approval. shall be processed according to the provisions of this title as an amended application. The following modifications shall require an amended application: 1. Anv reauest that would significantly alter the design of the site and/ or buildings. 2. A reauest to chance or delete a condition approved by the Planning Commission or Town Council. The Planning Director may approve minor modifications to an approved plan as specified below: 1. Minor relocation of building pads provided that the modification does not significantly alter the site design in terms of parking layouts. vehicular circulation, landscape design and other similar components of the development plan provided that ordinance requirements are still met. • Title 24 -Silverbell Road Commercial Overlay District Page 15 of 29 Revised: 12 / 16 /03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 143 of 297 TO~X~? OF MAR.ANA, :~RIZO~? A LAND DEVELOPMENT CODE 2. An increase or de_crea_se in a_pro~osed setback provided that the ordinance recuir~rnents ~.r~ :;ti l m ~t. 3. A minor chance to landscape desian and plant material chances. 4. A minor chance to parking lot /site plan. S. Use Regulations Purpose: The allowable uses within the Silverbell Road Corridor Overlay District are ~es+gned were selected -to permit a full range of retail sales, as well as personal, professional and business services required to meet the demands of a developing local market. The uses are intended tom-promote attractive development, an open and pleasant street appearance, and compatibility with adjacent residential areas. T"~°+~t It is recognizeds that certain uses w may be appropriate within the District: however, #+sl} may have unique characteristics th~~e~ea~~~--~~ such as proposed location, site and/or building design or-a~-standards of operation; that may have a greater impact than other uses upon adjoining properties, businesses or residences!° a~ These uses have been designated as conditionally uses and will require a Conditional Use Permit. - F~~tk~e~-, ~+ ^°^°r°IIv ,a„°~ .-,,,+ °~~,,,., +"„~° +".,~° ~ ~~°~ uihinh nr° in~7i ~c#ri~+l ;,, n°+„r° ~'~ILimitations w~l-beare imposed • upon uses within the District which limit the full range of uses permitted within the underlying zone or specific plan. It is recognized that some of the uses allowed within the underlying zones or specific plans may not be compatible- with the intent of the District and compliance with architectural guidelines would not be practical. 1. Permitted Uses. The following land uses are permitted in the Silverbell Road Corridor Overlay District, subject to the provisions of this Chapter. a. Community, multiservice, neighborhood or senior citizens center. b. Daycare Center (adult, child or handicapped). c. Health Services (excluding Hospitals and Substance Abuse Centers). (1) Blood Donor Stations. (2) Convalescent or nursing home. (3) Medical or dental labs. (4) Offices and clinics of MD's, dentists, optometrists or chiropractors. (5) Outpatient clinics. Tide 24 -Silverbell Road Commercial Overlay District • Page 16 of 29 Revised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 144 of 297 TO~X'N OF MARANA, ARIZONA LAND DEVELOPMENT CODE • d. Office Uses (1) Business or personal service. (2) Governmental. (3) Financial. (4) Social services. (5) Veterinarian (including kennel for indoor inpatient hospitalization services of small animals). e. Public and Semi-Public (1) Art gallery. (2) Civic clubs. (3) Churches and religious institutions. (4) Library. (5) Museum. 61 Schools: public and private. f. Personal Service Establishments (1) Barber and beauty shop. (2) Carpet cleaning establishments (provided that no on-site cleaning is conducted). (3) Interior decorator. (4) Dry cleaning and laundry and garment pressing establishments (non-industrial service to the • general public only). (5) Locksmith. 1. Parcel packing/mailing service. 2. Pet grooming, (provided that no animals shall be kept on the premises overnight). 3. Photography studio, photo finishing. (6~) Tailor, seamstress. (7~8) Tanning salon. g. Repair of: (1) Bicycles. (2) Cameras. (3) Clocks, watches, jewelry. (4) Computers. (5) Household appliances. (6) Musical instruments. (7) Optical goods. (8) Radios, televisions and electronics. 9 Shoes 4:S~ees•-: h. Retail Uses (1) Antique stores. (2) Appliance Stores (household or minor). (3) Art stores or galleries. (4) Arts and crafts shops. • Title 24 - Silverbell Road Commercial Overlay District Page 17 of 29 Revised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 145 of 297 TOWS? OF MARANA, ARIZONA LAND DEVELOPMENT CODE • (5) Auto parts/supply stores (no installation). (6) Bakery shop, bagel shop. (7) Banks, financial institutions and similar uses, provided drive-thru facilities and queuing lines are located a minimum of seventy-five (75) feet from a residential district. (8) Bicycle shops. (9) Book Stores (new or used). (10) Camera and photographic supply stores. (11) Candy, Nut or confectionary stores. (12) Card Stores. (13) Carpet and floor covering stores. (14) Clothing, apparel or accessory stores. (15) Computer and computer software stores. (16) Convenience stores. (17) Drugstores. (18) Fabric Stores. (19) Florist and plant shops. (20) Food store and markets. (21) Frame shops. 22) Furniture and appliance rental center. (23~) Gift shops. (246) Grocery stores. (254) Hardware, paint stores. (26a) Hobby shops. (276) Ice cream shops. • (28~) Jewelry stores. (296) Laundromats, automatic self-service (provided that the establishment is operated exclusively as a retail business and laundry machines are of an automatic type, capable of being operated by the public and shall not include machines ordinarily found in industrial laundries). 3029) Lighting stores. (318) Liquor stores. (32~-) Luggage and leather goods. (332) Music stores. (34_8) Office supply stores. (354) Optical goods. (366) Pet/pet supplies. (376) Photocopying services. (38~) Record, tape or CD stores. (396) Religious goods. 406-9) Restaurants, cafes, delicatessens or coffee shops, including outdoor seating areas. (418) Second hand stores and thrift stores, provided there is no outside display or storage of merchandise. Title 24 - Silverbell Road Commercial Overlay District Page 18 of 29 Reeised: 12 / 16 /03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 146 of 297 • TOWN OF ?vLARANA, ARIZONA L.:~ND DEVELOPMENT CODE (424) Shoe stores. (43~) Sporting goods stores. (44~) Stamp and coin shops. (454) Stationery stores. (465) Tobacco stores. (475) Toy stores. (48~) Variety stores. (495) Video tape/DVD rentals. (5040 Other uses which the Planning Director determines to be similar in nature, function and operation to listed permitted uses. (51 A) Accessory uses and structures, subordinate, appropriate and incidental to the above permitted uses, including supportive services directly related to and located within the same building as the primary use. Automated Teller Machines (ATMs) are permitted accessory uses provided they are not free standing. 1. Permitted Temporary Uses and Structures The following temporary uses and structures shall be permitted subject to the issuance of a Temporary Use Permit in accordance with Section 09.01.04 of the Marana Land Development Code. a. Contractor's office and/or storage. Temporary structures for the storage of tools and equipment or containing supervisory offices of the minimum necessary in connection with a project on site may be established and maintained only during the progress of active construction under an effective grading, building or other development permit. Such temporary structure(s) shall be immediately removed upon project completion or upon expiration of the applicable permits. b. Holiday related +r°° °^.+ ^..mnUin sales lots__, ~"ih°n mein+~in°r+ ~ ~nr+ rl°n°mh°r `21~ ~"i°°Lc frnm inn°n+inn 3. Conditional Uses. The following uses aye may be permitted conditionally, subject to the provisions of Section 10.10 of the Marana Land Development Code, e~c~ep+ +h-,+ -,n nnnrli+inn°~ ,~c~~ i.~.~{~ed-~~.~'+n+~+n +hrirJC ~~+i~r~olaTTppi iir° onnrn~inl h~i hn+h +h ~+nninn ~+~~~~ni~~~mmiccir+n nnr~ ~_~~~ r-vnyanyT a. Automobile Service Uses, including gasoline service stations, service shops performing minor auto repair, fuel sales, oil change and lubrication shops, muffler shops, auto glass shops, auto detail shops, speedometer shops and tire shops, not to Title 24 - Silverbell Road Commercial Overlay District Page 19 of 29 Revised: 12/16/03 Regular Council Meeting -May 5, 2009 -Page 147 of 297 Ord. 2003.27 TOWN OF MARA?~'.~, ARIZONA LAND DEVELOPMENT CODE include body repair, painting, major engine or transmission S repair, or radiator repair. All service, except the sale of gasoline, shall be within an enclosed building. No service bays associated with an automotive use shall be visible from a public street; b. Automobile and Truck Sales and Rental, new or used; c. Bars, taverns, cocktail lounges; d. Car wash establishments, including full-service and self- service, coin-operated facilities, provided afull-time attendant is on-site and wash bays are not visible from a public street; e. Emergency Medical Care Facility 24 hour operations; f. Restaurants, cafes, delicatessens or coffee shops -providing drive-thru or drive-up service; g. Lodging facilities, including hotels and motels; h. Pawn Shops; i. Plant Nurseries, including open air display and storage; j. Recreational Vehicle and Boat Storage; • k. Self-storage Facilities; I. Small Equipment and Light Machinery sales or rental; m. Tattoo s establishments; n. Wireless communications facilities, subject to the provisions of Chapter 23 of the Marana Land Development Code; p. Any establishment receiving deliveries other than between the hours of 6:00 A.M. and 10:00 P.M. 4. Prohibited Uses. The following uses are not permitted uses within the Silverbell Road Corridor Overlay District: a. Adult Entertainment Uses; b. Automobile Bodywork and Painting; Title 24 -Silverbell Road Commercial Overlay District • Page 20 of 29 Revised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 148 of 297 TOWN' OF MARANA, ARIZONA LAND DEVELOPMENT CODE c. Bowling Alleys; d. Commercial Outdoor Recreation; e. Heavy Equipment and machinery sales or rental; f. Hospitals; g. Industrial uses; h. Kennels, except as permitted in S.1.d.(5); i. Live Entertainment Facilities, including nightclubs which include dancing and music performed by more than 1 musician; j. Major automobile repair facilities, including major engine, mechanical or transmission repair and radiator service; k. Manufactured Home Sales; I. Open air or outside storage uses, including swap meets and storage of inoperable or damaged vehicles, except as permitted • in Section S.3.i. and S.3.j.; m. Recreational Vehicle Sales; n. Theatres; o. Towing businesses; and p. Warehousing Uses, excepting self-storage facilities. T. Performance Standards The following limitations shall apply to the conduct of uses within the Silverbell Road Corridor Overlay District: ~ 3-1. No outdoor storage of equipment or materials (except screened trash containers) or outside mechanical repair or service is permitted. • Title 24 -Silverbell Road Commercial Overlay District Page 21 of 29 Revised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 149 of 297 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE /1 Aln ~ionrlinn morhinoc ch-.II ho normi44or1 nn 4hc ov4orinr of onv h~~ilrlinn • nr c#riin4~~ro nn 4hc nrcmic~oc• ~2. There shall be no manufacturing, compounding, processing or treatment of products other than that which is clearly incidental to a retail store or business, and where all such completed products are sold at retail on the premises. ~.3. No use shall be established, maintained or conducted within the Overlay District which may cause the dissemination of noxious smoke, gas, dust, odor or any other atmospheric pollutant outside of the building in which the use is conducted. ~-4. Noise: No use shall result in noise perceptible beyond the boundaries of the immediate site of the use. All noise sources shall be identified such as parking areas, trash dumpsters, mechanical equipment and loading areas. Screen walls and landscaping shall be employed which screen these areas from the mein ~+roo+~ ,~~+ adjacent residential neighborhoods. ~5. No use shall result in the creation of traffic hazards or undue • congestion of any public street. Title 24 - Silverbell Road Commercial Overlay District Page 22 of 29 Revised: 12/16/03 Regular Council Meeting -May 5, 2009 -Page 150 of 297 Ord. 2003.27 TO~T~' OF MARANA, ARIZONA LAND DEVELOPMENT CODE U. Development Standards The following standards shall apply to all developments within the Silverbell Road Corridor Overlay District: 1. General Development Standards. a. All development proaosed within the District shall comoly with Section 08.07 Commercial Design Standards of the Land Develooment Code. 1 a The-minimum re uired ht~ildir se+h°^ ° h~~+a s~-eet sh~;l . q ~ h° mac. ^n°nifi°r! in +h° i in`+°rh jinn cn°nifin - nlnn nr ~nninn r7ic+rin+ Ne less thaw 'l~~eei:~su~~e "~er~; ea ski°'~e rlon°n°ra ana- s~°' ; err` r as e e , f~ee frem n s - z,. - -^.~, r- p p ~ edestrian wall~wa :s~rewa s ' °s fep~ ~reea P ~ ~ , watts;-efrT ; , ~ • b. I~liai^~„-ter-side-ana--Tea; set~n ks sb°I~,,;--pe-1-A~eet. Sus" c°+hnnL hi iff°r ~r°~ ^hnll h° Innr+o.~nn°rl nnrl chill r°m~+in fr°° e e vall~wa~, driveway, flag~sles~eases, ssreeei~-~a;Ts, eta DnrLinn nnrl In~r•inn chnll ~Ic.n h° n°rm i++°r+ ~ inl°oc~ ~+hi i++inn •+ r°c•irl°n+inl r+ic+rin4. sb. Commercial lots adjacent to a residential district shall require a 25 foot landscape buffer in the side or rear yards adjacent to or facing a the residential area. Such buffers shall not be used for the purpose of parking, loading, servicing or any other activity. Screenina °°°;ishall consist of ePaqu~ decorative screening walls or landscaoinp combination that will arovide a barrier of adequate heiaht at the time of installation. ~i„ (R\ f°°+ in h°inh+ chnll h° nrn~iirl°rl. d: Se~asl~E~cseptie~s. Arskµtes+,~Tea+~es sus"--as, h~-,~-a~ nnrnh°c. ~nrl c.imilor ~rnhi+°n#~ ir~l f°~+i it°c m~~i °nnrnnnh in+n I' ~ ~nl~ ~nnlinnhl° ~an~i3rdrJ~~t~~-C~Ffnrm Ri ~il'+inn ('`nrl° nnrJ 2. Landscaping • Title 24 -Silverbell Road Commercial Overlay District Page 23 of 29 Revised: 12 / 16 /03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 151 of 297 TOW'N' OF ?vIARAI~:~, ARIZONA LAND DEVELOPMENIT CODE The intent of the Landscaping requirements are to provide corridor residents and businesses with highly attractive landscaping that buffers unwanted views, creates an interesting streetscape, and provides a safe and effective transition between potentially incompatible land uses. In addition, these requirements regulate the protection of native vegetation as a significant natural resource. All development within the Silverbell Road Corridor Overlay District shall provide site landscaping, including buffer yard, parking lot and screening as required herein and in accordance with Title 17 (Environmental Resource Preservation. Native Plant Protection, and Landscape Requirements) and Section 08.07 (Commercial Desian Standards) -0f the a Land Development Code. 3. Off-Street Parking and Loading The number, size and design of all parking spaces, driveways and loading areas for all development within the Silverbell Road Corridor Overlay District shall comply with the applicable specific plan or the provisions of Title 22 (Off-Street Parkina and Loadinal of the Marana Land Development Code and the following requirements listed below: a. Access control and driveway locations will be evaluated per Town of Marana standards. Joint driveways are desirable whenever possible in order to minimize the number of access • points to streets. All parking shall be off-street in paved, landscaped parking areas. c. No parking or maneuvering space is permitted within any required landscape buffer. d. ('lff_c#rcot In~r-~inn nr ccniino orol+c droll nn# faro o n~ ~hlin rinh4_ e#-w~~ Loading or service areas shall not be located adjacent to residential areas. 4. Signs Sign standards are hereby established to promote a high quality visual appearance throughout the Silverbell Road Corridor Overlay District; to allow individual businesses to clearly identify themselves and the goods and services offered; to create a unique environment to attract visitors; to safeguard and enhance property values; to reduce potential hazards to motorists and pedestrians; and to eliminate excessive and confusing sign displays. All signs for developments within the Silverbell Road Corridor Overlay District shall comply with the provisions of Title 16 Si ns of the ~4a~a~a-Land Development Code. °nrl Oho fnlln~eoinn o~-7 rl i#innol Ginn roniiiromonfc. Title 24 -Silverbell Road Commercial Overlay District a Page 24 of 29 Reaised: 12 / 16 /03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 152 of 297 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE • • ~ilrlinn/c\ nn +ho nrnne~v o~~holl hn onnrna.cr+ ha. +ho i , ~,pnc%~Ci^n~T~,~~ droll ho limi+or# +n hinh_ni i~li+a. nnn iin+inn mom"+~•7~~01 ci~nh o no nL rl nro+ivo hlnnL wrrStrzrvcrvri--rrTCrceFlar&~avrrc(6 StC3rr~~F{vr~ve6 , finichcr! ~~.nnr+ /n~in+crl nr c+oince~+~ finiohorJ mo+ol nr hinh_ni soli+v ~~~~}~~ ~ {(r. ~ e:a. Freestanding signs shall be limited to double-faced, ground- mounted monument style, with proper landscaping in accordance with Section 16-14-4. Freestanding pole signs • are prohibited. nrnr+c +n +ho +nn of cinn~ nnr-~ A/1 crnioro foot nor cir7c onr+ droll ho Inns+orl in ~~ inh o mnnnor +h n+ u.ill nn+ me n+o o +roffin hn~nrr! C inno~`no in~rrPiai'rrnred ~nnn~~T~-~ ~oll he limi4er! +n nnc /1 ~ p rn~~n~rrd~rvvrtce~' .+n~vv'vi'°c fiuved m-mvnvrnef~+~~ Ginn fnr conh ~JJ~-e~} `~nh n~ II nn+ need '1 L. foo+ in h h+ t~e- vrr~,.•,~.,n~ { ~an--rzveye~.~cv ~v-rccr-n-iTre{~'nr. pP.f 2~EpoSed .~~'"f,~-av~€'QbFY-! .~`'G}~~t-~r~tit °hnnninn ne~Ter c~rtuiT be-aAawFed nnc u.nll c~inn~yer+~nc a~.i+h o movim~ ~m of fiA.n ~.q~ t' ~. ~.', "'~"". pl~ nlh. ill~imin~+ed c In+ornnlla. li+ hnv inn ~~~n+ ne~i## ed •7 cinnc nnn+~+ininn n In" ~ z . n•7n•,nr +r~+"r~n~m"I+rYL orc ncrmi++o rl nn o limi+o r) hncic uii+hin +hc (la.c rlnv .+ic+rin+ ci ~hicn4 +n +ho onnrna.ol by +hc i i (~h~nnco hle to++o rhnorrlc mov moLc ~ in nn mnro +hon 7/1 nornc n+ of • Title 24 - Silverbell Road Commercial Overlay District Page 25 of 29 Revised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 153 of 297 TO~'N OF MAR.~NA, ARIZONA LAND DE~'ELOPME~'T CODE s6n~ta "~"' °nnlinon+ ,~ih ten~deSi r~~# ° n r°+nino nnr,+rnl n„°r ba~ine , g sses les ated witkiie sew°r^ ; ~ h8 in senier ~ ~ ~.F - ~ pp ~ ~ s66rdi h r n +h° o~ ihm "i°n° + nate ~I ^r' iv i++^I of n r,lnnn°rl oinn re r~ v r.~r u~.-c rnS g In as ^rr+~nn° ,iii+h C~+inn 1 G`._O m _'1 '~°° n e~ Ginn iai? n p g , z-p n -r "~.7 ~ ~ ' ' a ~ipn ~nl l h~ n hnrmnna ,ui+h rpar~ +h° nrlinn°n+ n°nrh,i ~ ba•7ildin r ~ ~ "`Jar~hitestsr as ^'° b~e ~ar e~' ~ the ^°^er'S g ~ ~ pi Q T 5. Screening To create an attractive environment and visually screen land uses that are not fully compatible, the following standards shall apply to all development within the Silverbell Road Corridor Overlay District: a. P~-r~,~~L~~s~e~v;~E-~atra ;ses-oTL-a°~'~~~ea~ All service entrances; and loading areas ~t~-spaces must be fly screened from adiacent properties, and +h° ^°°r"., nrnn°r+„ °n~+ view from a adiacent public streets. Such screening shall - taTfeet wid~~an+i~~tr,,a--w,~sistinn of +r°°~, consist of decorative walls and or landscaping combination that will provide a tiv /G:~ fnn+ hinh barrier.- of adequate height at the time of installation. b n~im r,e+°rc onr+ Tr~ch I-lonrllinn er°oc, All r'"mom refuse containers and -trash handling areas shall be enclosed and screened from public view. Tf~ s~n~~°^~ ~r~ een s"°'~l-b~ at--least s+x~-feet i~~Teig"~- ., °~~^h °+~;as~-area All screening devices shall be constructed of materials and colors compatible with those of the primary building(s). Chain link fencing (with or without slats) is not allowed. A~+ve--{5~-fsef ~~nrlcn~nin^ o+rin is r°ni iir°A nrni inr+ oll troth °nr.lnci it°^ c. No articles, materials, trash, debris. equipment or inoperable vehicles shall be stored or kept in the open or exposed to view from the adiacent streets, sidewalks or adiacent prorJertiers. onrl ^,~~^^°n+ i+°~. This limitation does not apply to temporary storage of materials, equipment and supplies needed for the construction of improvements on a site, provided such items are completely removed immediately upon completion of each phase of construction. Reeftep~ Ci+° SETeen+ng All equipment, such as, but not limited to mechanical, electrical, communications and air conditioning shall be selected and located in a manner Title 24 -Silverbell Road Commercial Overlay District Page 26 of 29 • • Revised: 12 / 16 /03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 154 of 297 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE consistent with the architecture of the ro'ect and shall be P J screened from view from adjacent properties and public streets. Parapet walls, enclosing walls, louvers and grills shall be used to conceal from view all equipment on site or on the roofs of buildings. Exceptions may be made for equipment that, by nature of simple geometric shape, blends well with the architecture of the project. Satellite dishes and other communications equipment must be integrated with the architecture or screened in an acceptable manner. e. I I#il~~ All utilities including electric power, telephone, gas and water shall be located underground. Utilities shall be coordinated with landscape plans to ensure proper screening and landscaping around utility vaults, box transformers, etc. 6. Lighting Exterior lighting should be designed as part of the architectural and landscape themes. Site lighting should serve functional, safety and aesthetic purposes. Site and security lighting shall be designed to enhance the quality of the development. Screening of lights from residential areas and glare from traffic areas shall be required. All site lighting shall be in compliance with the adopted Marana Outdoor Lighting Code. onr~ +ho fnlln~eiinn c#o nr~o rr#c lip#orl holn~e~• • . ,arraeged tA~.~dL nnnr# vicihilifi~ onr# roflon# linh# o~~io~i frnm o rlio ncn# rocir7on#i~l nrnner#inc~ nr on~i c#rc c#c The Inno#inn of linh# fivfi ~rcc chn~ ilr# roc nnnr# #n #ho on#i Winn#or# ~~ I inh#inn fnr nor#cc#rion mnvcm cn# chnll nlonrly ir7on#if~i #ho ~~iolLu~o~i or~r1 p~r+h~ei`,~_ nnoc~ in nro'#e no#h orooc one- on~i fool inccn~ iro .~ 4roo link#inn c~hnll ho rliron#or1 rl n~unuio rrl uii#h nn cnreor# of linh# ~ irnec nff #hc ci#r, I inh# cni irncc droll innn rnnro#o n~ i# nff chiclrlc ~c+rvcvvmrr~vrn... ~~nr-vvaTVCV ~n crcr~r. Title 24 - Silverbell Road Commercial Overlay District Page 27 of 29 Revised: 12/ 16 /03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 155 of 297 TOV~'1~' OF MARA?~~ ~, ARIZONA LAND DE~'ELOPMEZ~~T CODE A`linh# link#inn of hi iilr~'nnc chni Ali-! h° rlnn° in cel°n#'~ie f~+chinn• Q. I\1911LT~Tl G GfIVG'fQ-pG-QGTfG-ITT'Ct-eTGTG~CTTt1~TJTITpiT hinhlin h# cneninl f°nfi ~rec Uevnn#° renel+#er# fe~+#~ ircc nr ~ ic~c the e I inh#inn chn~ ile# h° the minima im rern ~irer# #n ~r#r#rece~ #r~+~n ~+nr# nerlec.#rian cafe#v nnn Herne ~nr# oecthe#in fi inn#inn Design Standards To maintain a high level of architectural quality of buildings and structures, all new development within the Silverbell Road Corridor Overlay District: shall comply with the standards herein. as well as the Commercial Design_Standards defined in Section 08.07 of the Land Development Code. a. Building design should reflect traditional or contemporary variations of southwestern architecture and should reflect an individual style. Reliance on or the use of standardized "corporate or franchise" style is discouraged. b. High-quality construction and materials should be used to ensure that the aesthetic quality of buildings will not Iee1F--were d diminish over time. Building design must be consistent in material usage and detail on all elevations. Exterior materials • that may be utilized in various aspects of the building design includes brick masonry, natural stone masonry, concrete (with an approved architectural finish), glass (use of highly reflective coating may be limited), plaster, stucco, wood and cultured stone. c. No masonite, visible asphaltic exterior material, aluminum or steel siding, non-architectural sheet metal or other similar materials shall be used on any building except as a trim material as approved. d. Materials for roofs, eaves and canopies may include tile, fireproof faux wood shakes or metal with standing rib seams. e. Deep eaves, overhangs, canopies and other architectural features that provide shelter from the elements and shade in the summer shall be incorporated into the building design ~~~"~ where feasible. Roof-top heating and air conditioning equipment and similar features shall be painted so as to be non-reflective and shall be screened from view. Title 24 -Silverbell Road Commercial Overlay District Page 28 of 29 Revised: 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 156 of 297 • TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE • Blank ~ ) • Title 24 - Silverbell Road Commercial Overlay District Page 29 of 29 Revised; 12/16/03 Ord. 2003.27 Regular Council Meeting -May 5, 2009 -Page 157 of 297 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item A 3 From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-61: Relating to Development; approving and authorizing a preliminary plat for Tapestry Estates, Lots 62-153, Block 1, Block 2, and Common Area 'A' (Private Streets) Discussion: Request Baker and Associates Engineering, Inc. is requesting approval of a preliminary plat fora 921ot single- family subdivision, comprising of Lots 62-153, Block 1, Block 2, and Common Area "A" (private streets) on approximately 354 acres. The proposed subdivision is generally located just west of Thornydale Road, and approximately'/4 mile north of Moore Road. History On April 18, 1990, the Mayor and Town Council adopted Ordinance 90.11, the Foothills Specific. Plan. The Foothills Specific Plan area encompasses approximately 396 acres inclusive of the subject property of the proposed Tapestry Estates, Lots 62-153. The adopted specific plan assigned land use designations of low, medium, and high-density residential, as well as commercial/office and hotel/resort to the land area encompassed by the proposed preliminary plat. The Mayor and Town Council adopted Resolution 2006-199 on December 5, 2006 approving the Foothills Development Agreement. On December 2, 2008, the Mayor and Town Council adopted Resolution 2008-164 approving the first amendment to the Foothills Development Agreement. Discussion This phase of the Tapestry Estates contains a gross area of 354 acres, inclusive ofright-of--way for Tortolita Foothills Drive, and proposes 205.64 acres for the development of 92 lots for custom single- family detached residential, 49.85 acres (Block 1) for a future hotel/resort site, and 75.87 acres (Block 2) for a potential commercial/office orhigh-density residential use. The single-family detached residential component of the project proposes a minimum lot size of 65,340 square feet (1.5 acres) and an average lot size of 144,000 square feet (3.3 acres), as required by the Foothills Development Agreement. Pursuant to the Development Agreement, as amended, this portion of the development will be subject to the Town's R-80 (Residential) development standards, exclusive of lot size. The development areas identified as Block 1 and Block 2 will maintain the land use designation `ResortlHotel, Commercial/Office and High Density Residential' per the Development Agreement, as amended. Any future development of these areas will require the developer to process the appropriate Regular Council Meeting -May 5, 2009 -Page 158 of 297 subdivision plat(s) and/or development plan(s) through the Town. Site disturbance for this phase of the Tapestry Estates will be regulated on an individual lot basis and monitored through the grading permit process. Each lot will be entitled to a standard area of disturbance of 22,000 square feet. A total of 6.58 acres will be held in reserve by the master developer to be allocated, as needed, among the 92 lots of this second phase yielding a total gradable lot area of 121.88 acres (excluding Tortolita Foothills Drive). Each disturbance area boundary will include disturbance associated with utilities, easements, homesites, driveways, landscaping, septic tanks (only lots 136-151), and any other development activity. The Town will require that grading permit applications for all lots within this development be accompanied by a legal description and survey depiction of the disturbance area, thus, allowing the Town the ability to monitor and track the cumulative disturbance for the development. Each legal description and survey depiction will subsequently be recorded for each lot to help ensure that the natural undisturbed open space will remain in perpetuity.A total of 222.80 acres of natural undisturbed open space will be provided with this phase of the development. Access and Circulation Tortolita Foothills Drive will be constructed with the development of the Tapestry Estates and will serve as a spine road for the development connecting the existing Heritage Club Boulevard to Thornydale Road. Tortolita Foothills Drive is proposed as a public roadway and will be constructed within a 110- foot right-of--way from the existing Heritage Club Boulevard to the eastern boundary of the development. This section of the roadway will be divided by a 20-foot landscaped median and each half street will consist of a 13-foot travel lane, a 7-foot multi-use lane, and vertical curb. The south side of Tortolita Foothills Drive will include a 10-foot asphalt multi-use trail for its entire length to the eastern property boundary. The roadway section and multi-use trail will meet Town objectives of providing public recreational and multimodal transportation opportunities within, and through, the development. Approximately 1200 linear feet of off-site right-of--way exists for Tortolita Foothills Drive between the eastern boundary of the Tapestry Estates and Thornydale Road. Given that the width of the existing right-of--way is limited to 60 feet, this segment of the roadway will utilize a 36-foot section with two 18- • foot travel lanes. The streets providing direct access to the individual lots within the development are proposed to be private, and are designated as Common Area `A'. A homeowner's association will be created to accept responsibility for maintenance of these streets. The private streets will be constructed within a 40-foot roadway section and will include two 12-foot travel lanes, roll curbs, and a 5-foot wide decomposed granite walking path on one side of the road. A Design Exception was accepted by the Town Engineer and Northwest Fire District and the Planning Commission. The Exception accepts the applicants request to deviate from the 45-foot street section required by the Marana Subdivision Street Standards, Section 4.12, and propose the use of a 40-foot Mountainous Terrain road section. The sidewalks will be eliminated and exchanged with a decomposed granite walking path on only one side of the street section. The Mountainous Terrain street section is considered appropriate, in part, due to the rural nature and proposed density of the development, as well as the developer's desire to -limit disturbance. The proposed development will be subject to the Northeast Transportation impact fee to be assessed at the time of building permit issuance. Parks and Recreation Given that the proposed density of this residential subdivision is .30 residences per acre, and less than the threshold of 3.0 RAC that necessitates the provision of on-site recreation area per Marana Land Development Code, Section (06.03.02.I.1), the developer is not required to provide an improved on-site recreation area. A 15-foot public trail easement will be provided through the Prospect Wash from Tortolita Foothills Drive to the southwest-corner of the subdivision boundary. The trail easement will tie the multi-use trail on Tortolita Foothills Drive to an existing trail easement that parallels the west boundary of the Butterfly Mountain subdivision. • The proposed development is located within the Marana Park Benefit Area and will be subject to the applicable park development impact fees at the time of building permit issuance. Regular Council Meeting -May 5, 2009 -Page 159 of 297 Infrastructure The development is proposed to be served by Tucson Water. Although the minimum lot size proposed for this development exceeds 1.5 acres, the average being 3.3 acres, Lots 62-135 and Lots 152-153 will be connected to the public sewer system. An off-site sewer line is proposed to be constructed south of the project area and tying into an existing manhole and 8-inch line along Moore Road. Improvement plans for the sewer system must be approved by the Town of Marana, as well as Pima County Wastewater, prior to the final plat proceeding to the Town Council. Due to physical constraints concerning topography and the associated challenges with engineering a functional sewer system in southern portion of the site, Lots 136-151 will be served by private on-site disposal systems. ATTACHMENTS: Name: Description: Type: ^ Resolution 2009-61 Taoes~ Estates 62-153.doc Resolution Resolution ^ Location ma~~df Location Map Backup Material ^ PRV-08005p Tapestry Estates 62-153.pdf Preliminary Plat Backup Material Staff Recommendation: Staff has reviewed the application for compliance with the Foothills Specific Plan (Ordinance 90.11) adopted by the Mayor and Council on April 18, 1990, the Development Agreement adopted by the Mayor and Town Council by Resolution 2006-199 on December 5, 2006, the First Amendment to Foothills Development Agreement adopted by the Mayor and Town Council by Resolution 2008-164 on December 2, 2008, the Town of Marana Land Development Code, and the Marana General Plan. The proposed preliminary plat is in substantial conformance with all required development regulations. Commission Recommendation - if applicable: • The Planning Commission considered the preliminary plat at its regular meeting on March 25, 2009, and recommended to the Town Council approval of the preliminary plat for the Tapestry Estates, Lots 62-153 by unanimous vote (Commissioner Wiles, Absent; Commissioner Wood, Excused). A design exception was accepted by the Town Engineer and approved by the Planning Commission to allow the use of a mountainous terrain cross-section within this phase of the development and to reduce the road section width of the private streets from 45 feet to 40 feet . Suggested Motion: I move to approve Resolution 2009-61, approving and authorizing a preliminary plat for Tapestry Estates, Lots 62-153, Block 1, Block 2, and Common Area 'A' (Private Streets). • Regular Council Meeting -May 5, 2009 -Page 160 of 297 • MARANA RESOLUTION N0.2009-61 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A PRELIMINARY PLAT FOR TAPESTRY ESTATES; LOTS 62-153, BLOCK 1, BLOCK 2, AND COMMON AREA `A' (PRNATE STREETS) WHEREAS, Baker and Associates Engineering, Inc., representing the property owner, Tapestry Properties III, LLC, has applied for approval of a preliminary plat fora 92-lot single- family residential subdivision on 354.66 acres, including lots 62 through 153, Block 1, Block 2, and Common Area "A" (Private Streets) generally located west of Thornydale Road, and approximately one-fourth mile north of Moore Road within Section 30, Township 11 South, Range 13 East; and WHEREAS, on April 17, 1990, the Mayor and Town Council adopted Ordinance 90.11, the Foothills Specific Plan encompassing approximately 396 acres; and • WHEREAS, on December 5, 2006, the Mayor and Town Council adopted Resolution 2006-199 approving the Foothills Development Agreement; and WHEREAS, on December 2, 2008, the Mayor and Town Council adopted Resolution 2008-164 approving the first amendment to the Foothills Development Agreement; and WHEREAS, the Marana Planning Commission at their regular meeting held orr March 25, 2009, voted 4-0 to recommend that the Mayor and Town Council approve said preliminary plat; and WHEREAS, the Marana Mayor and Town Council, at their regular meeting on May 5, 2009, determined that the preliminary plat for Tapestry Estates, Lots 62-153 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the preliminary plat for Tapestry Estates, Lots 62-153 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5~' day of May, 2009. • Maz-azia Resolution No. 2009-61 1 Regular Council Meeting -May 5, 2009 e Page 161 of 297 • • • ATTEST: Jocelyn C. Bronson Town Clerk Mazana Resolution No. 2009-61 2 Regular Council Meeting -May 5, 2009 -Page 162 of 297 Ed Honea, Mayor APPROVED AS TO FORM: Frank Cassidy, Town Attorney • • J~€yi~ K~„ ~~ i .. ,- ,~ - . _ - ~T ~~ -retie ~~ ~~r~~~c~~a PRELIMINARY PLAT for TAPESTRY ESTATES, LOTS 62-153 CASE PRV-08005P == Request A request for recommendation for approval of a preliminary plat for the Tapestry Estates, Lots 62-153, Block 1, Block 2, and Common Area 'A' (private streets). Located within a portion of S. 30, T. 11 S, R. 13E. Data Disclaimer: Trie Town o(Marana provides this map information'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. 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'••~... --~ ~ ~ =. ~-~ ~ , G v y I ~ • ._. / ~~ , I ~ ~~ ~ ~~ 1 __- i 1 w ~~I( _ ~ ~-~ ~ ~ / ~ ~ -~ -- ~ I \ ~ ~ l ~ ~ ~ ~ ~ ~ _ 1 -__ _ - --- f m \ _ . _ _ ~ 1. \ ~ ~ ~. ~ ~ ~ _.~~ I~l ~.~ T_~_ ~~~ MATCHLINE RFF SH ~ • -\, - - • ~ ~ ~ ~ ~ __ ~~ ~ _' ~ ~~ i 1~ ~' ~~ -./ _ _ _ _ o ~ `~ ~, ~~d ( 1 ~~f2o =0 ~~ ~~a~ ~~~ 11J~ ~~ ~ :~~'~-' "~~;~.~ i ~~ii ~1~\~I~,~,~111 ~ i; ~ x~` `.-~~\ ~ Ir ~, ~ ~ ~ a ~y ~~oo,m m' ~~~~ ~ ~ -~ ~-.~\V~ ~~, ~~ { III/~ ~~i I ~ ~ \~ ~ r, I ~:k I T o ~ s w ~c '< rT : a ~ V ~ V ~' 1 ~ ~ _ fJ a n ~~ MATC~"Ii.II~ -SEE SHEET i7 _ - II ~ •\ (~ MATCHLINE -SEE SHEET #5 ~~ q ~ U -~_~ ~~ ilNi / / ~ /`~ r <: ,. / ~ W t j _ ~ 1/ ~ I'^ ~ I / / /f ~' ~ ~ >> ~ ___- s 1, ~ \., ~_ -~' ~~~/ ~~ ~,. `_~ C O O 0 i ~~' i~~ l -` ~ _ ~ \~ :_~ n ~ ~ C ~-~ ;U ~ ~__ ~~/=, ,..~ ~ i r l ~ ~_~ ) ~ ~- ~ -.~ _ _. ,~ --~; ~, ~. ,-~ ~,?, ~_ / , ~ wj, ~_ :.-~_, _, -~- ---- ~_ ~ ' x ,_ ~I ` ~ ~~ , ~__ _~ ~ \\ ~'x~ ~~~, -T^ ~-- .~-- , ~~ ~ ~ / a° ~ '' <_ ~4~`~ ==~--- ---`- U ti O ~~_-~~- - _ _-_ -- - - _: 3 '; I -~ -~ -~- , .. _ _. _ ~.._~ x. ~--~- .. _--. -. _.. _~.~~q ,y _"~~~ ~f ~~ ~,i ~~' i MATCHl.WE - S~ 9HEET i5 ~ ~i ~ ~.i ~ ~~ ~, ~. i I ~ ~ I ~:I_ I ~£~ I I I ~ }~~, I ti ~~a~:ae ~--` I ~ r I ~~ i ~~~, C 'f _ -~ A \ Bl!!1'@iFLY MOlAJ7'AIJ-- 'I ~~, _ '!' -~ I _-~~~ ~'~ ~ Z ~- ~, ~~ I _~~ I ~~ I r ~ _~_ -~ _l-~~ I ~~I -ll ~_ 0 ~~ I ,~ )~ ~~~ ~ I ~ ~ I ~ x,.l~ o,/r` _ ' /M, ~1 I _ IS I '" I \~ ,~ N `~ I ~ '~ ~`~ ~~, I ~ ~'i ~ ' I. ,~- _,~ %~ ~ ;~ ~__. ,r ~~, ,. -_.~~i-'~%j \_. _ ~ -~__I _- ~-~_~ 5~ I I O ~ ~I ~I C ~ ~ '' ~ ~~ ° ~I p n I $ I N N '~ ~ n i \~ ~ r ' ~ ~ _ ~ ~,~ ~~ ~` ~~ ' \/ \._. ~~ \~ ~ S\~ _.~ __~__-- ~ s ~ l v / -' i ,0~ ~ 5 __ - ~ ~ ~ ~ ~, _ ~~ ~ ~s ~ ~ i~ / ~\\ ~ i~ ~ i _ %~ m: ~~> ~ ~i ~~ ~i Q ,. ~. /% r~ /~ a ~` ~ ~ -0~nm, M ~ ~ ~ ~ ~__ ~~\ _ ~ \ ~ / m \ ,. T\ `"~~~ \ Y ~ %~ ~~ ~ ~~ ~;_ -~ ~ i~ ~ ~ ~~ ,,; r ~ __ ~.. ~, f ~ \~ ,\ i i, I ~~_; i~ _ _~~~I =-~_I _ ~_ _ _ ~,, ~. ,. _ I -~ 'fir` ~;~ ~ ~ . -- ~ ;'x~'~~~ ~ ~ ~~ ~''~, , %~ ' ,~ ~~ / ~, ,' ~,% ~,-~,-- ,_ ~__~ _ ~ ~~~, -i ... 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item A 4 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-62: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment, Section 8-1-6 "Layoff and Recall"; and declaring an emergency Discussion: , On March 24, 2009, Council received a briefing from staff on the proposed methodology for moving • forward with preparation of the FY 2010 Budget. Several tools were developed and adopted by the Council that included both voluntary reductions in personnel costs (Phase I) and mandatory reductions (Phase II). Layoff was identified as one of the later alternatives that may be undertaken if the combined savings from Phase I reductions were insufficient to bridge the budget gap. In line with this presentation, staff introduced personnel policy changes to Chapter 8 -Termination of Employment, Section 8-1-6 Layoff and Recall. Consistent with Ordinance 99.12 and Resolution 98-38, amendments to the Personnel Policies and Procedures were presented as a first reading at the April 28, 2009 Council meeting. Tonight, staff is requesting final approval of the recommended policy amendments attached. The amended policy provides clear and specific language regarding the method and order of employee layoff actions. Revisions to the policy are designed to ensure that layoff actions for classified employees are handled in a fair and consistent manner. All layoff actions will include pre-layoff administrative and legal review and employees will have an opportunity to respond, and will have the right of review by the Personnel Action. Review Board. Financial Impact: The financial impact will be based on the net personnel savings (salary and employee related expenses) resulting if a layoff action is recommended. ATTACHMENTS: Name: Description: Type: ~ Reso..Amendments to Chapter._8_-_I_ayoff_and recall Resolution Resolution (00014537~_DOC • ~ rev_isions to Section 8-1-6 layoff and recall (00014167_ Exhibit A Exhbit ~.DOC Regular Council Meeting -May 5, 2009 -Page 183 of 297 Staff Recommendation: . Staff recommends adoption of amendments to the Town's Personnel Policies and Procedures, revising Chapter 8- Termination of Employment. Suggested Motion: I move to adopt resolution No. 2009-62, approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment; Section 8-1-6 "Layoff and Recall' ;and declaring an emergency. • • Regular Council Meeting s May 5, 2009 -Page 184 of 297 MARANA RESOLUTION N0.2009-62 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 8 - TERMINATION OF EMPLOYMENT, SECTION 8-1-6 "LAYOFF AND RECALL"; AND DECLARING AN EMERGENCY WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments • have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at its Apri128, 2009 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 8 of the Town's Personnel Policies and Procedures, entitled ``Termination of Employment," is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. 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 5~' day of May, 2009. • Regul~aC~~u~r~ells~~ot~rl~o~v~azy 5, 2009 -Page 185 of 297. _1_ • Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn Bronson, Town Clerk rank Cassidy, Town Attorney Regul$6~Q~ -May 5, 2009 -Page 186 of 297 -2- • ~~~~ MARANA :'`^: / I TOWN OF MARP:NA CHAPTER 8 TERMINATION OF EMPLOYMENT POLICY 8-1 EMPLOYMENT END Employment with the Town of Marana may be ended voluntarily or involuntarily. Section 8-1-1 Service Retirement Service retirement is voluntary termination after having satisfied the employment requirements of applicable retirement system procedures. Section 8-1-2 Disability Retirement Disability retirement is voluntary termination necessitated by an injury or illness that renders the employee incapable of pertorming the essential tasks of his or her usual job. The termination is preceded by a letter by the employee to his or her supervisor advising of the disability ruling, date of termination, supporting documentation, and a ruling by the appropriate agency verifying the disability and approving the retirement. • Section 8-1-3 Employee-Initiated Resignation An employee-initiated resignation is voluntary termination for any reason other than formal retirement. An employee wanting to leave the Town in good standing should provide a written resignation to his or her immediate supervisor at least 14 calendar days prior to the effective date of resignation. During the two weeks before the effective date, the employee will be available for work to .aid in the training of a replacement. Exceptions to the time limit requirement may be granted by the Town Manager. Section 8-1-4 Termination during Initial Evaluation During the initial evaluation period, an employee may be terminated at any time, with or without cause, by a Department Head after consultation with the Human Resources Director and the Town Manager. Section 8-1-5 Discharge Discharge is involuntary termination or dismissal of an employee by the Town. ~: Council Meeting -May 5, 2009 -Page 187 of 297 EXHIBIT A • r_~~^. MARANA "~/ 1 \ TOWN Of MARANA CHAPTER 8 TERMINATION OF EMPLOYMENT Section 8-1-6 Layoff and Recall A. Definitions 1. A layoff is a reduction in the Town's work force due to a shortage of work or funds or a material change in duties or organization. Layoffs shall not be used in lieu of discipline. 2. For purposes of this section, seniority shall be defined as an employee's total length of continuous service with the Town as a probationary/regular employee. , B. Applicability The provisions of this section apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. • 2. The provisions of this section do not apply to unclassified employees, probationary employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. However, unclassified employees, probationary employees and other at-will employees may be subject to job elimination or termination due to a shortage of work or funds or a material change in duties or organization. C. Layoff Plans 1. Layoffs shall be accomplished on a department basis in accordance with a layoff plan prepared by the Department Head and. approved by the Town Manager's Office, the Human Resources Department and the Legal Department. 2. The layoff plan shall include the reason for the layoff, a list of each position subject to layoff by classification and a list of the employees holding the positions within the specified classification(s). 3. Regular full- and part-time classified employees in grant-funded positions shall not be subject to layoff. • 4. In .any approved layoff plan, all vacant positions in the specified classification(s) within the department shall first be eliminated. Next, all temporary and/or probationary employees occupying the specified classification(s) within the department shall be terminated prior to the layoff of any regular employees in the specified classification(s) within the department. Regular employees within the specified classification(s) within the department shall then be laid off in inverse order of seniority. EXHIBIT A lar Council Meeting -May 5, 2009 -Page 188 of 297 2 • ~~ MAI~ANA TOWN OF MARANA CHAPTER 8 TERMINATION OF EMPLOYMENT D. Notice of Proposed Layoff 1. If a layoff plan is approved, the Department Head shall issue a notice of proposed .layoff to each employee who will be laid off. The notice shall inform the employee of the employee's opportunity to present a written response to the proposed layoff and to attend apre-layoff review meeting with the Department Head at a scheduled date, time and location. 2. The notice of proposed layoff shall be issued to each affected employee at least seven calendar days prior to the pre-layoff review meeting. E. Pre-Layoff Review Meeting • 1. The pre-layoff review meeting shall take place at least 14 calendar days prior to the proposed effective date of the layoff. 2. The pre-layoff review meeting shall not be an adversarial hearing. The purpose of the meeting is to give the employee the opportunity to respond, verbally or in writing, to the written notice of proposed layoff. 3. The employee may have anon-attorney co-worker of the employee's choosing present during the pre-layoff meeting. The co-worker may not speak on behalf of the employee and may only participate as an observer. 4. Any relevant information presented by the employee during the pre-layoff review meeting regarding the proposed layoff shall be considered by the Department Head. 5. Failure by the employee either to attend the pre-layoff review meeting or to timely submit a written response to the notice of proposed layoff shall be deemed a waiver of the employee's right to do so and the proposed layoff shall be implemented as specified in the layoff plan. F. Notice of Layoff 1. After the pre-layoff review meeting, the Department Head shall advise the employee in writing of the decision regarding the proposed layoff. This notice of layoff shall be issued as soon as possible and at least 14 calendar days prior to the effective date of any layoff. 2. The original notice of layoff shall be submitted to the Human Resources Department and a copy shall be provided to the employee. • EXHIBIT A lar Council Meeting -May 5, 2009 -Page 189 of 297 3 • ^~'~ MARANA .~'/ I ~ FOWN OF MARANA CHAPTER 8 TERMINATION OF EMPLOYMENT G. Personnel Action Review Board (PARB) Review Employees who are laid off pursuant to the provisions of this section may request to have the layoff decision reviewed by the Town's Personnel Action Review Board (PARB). 2. To request PARB review, eligible employees must submit a written request for review, on a form provided by the Human Resources Department, to the Human Resources Director within ten calendar days after the effective date of the layoff. 3. Within ten calendar days of receipt of the employee's request for review, the Human Resources Director shall submit the request for review to the PARB. • 4. Upon receipt of the employee's request for review, the PARE, or the Human Resources Director in conjunction with the PARB Chairperson, shall set a date for a review hearing. The hearing should take place within 30 calendar days of the PARB's receipt of the request for review, unless the time is extended by the PARB, or unless the PARB is unable to hold the hearing within that time, or for other good cause. 5. The review by the PARB shall be only to ascertain whether the Town has complied with the provisions of these Personnel Policies and Procedures relating to layoffs. The PARB .has no authority to and shall not review whether the shortage of work or funds or the material change in duties or organization justified the layoff or whether alternative means may have been available to the Town. In all other respects, the hearing shall proceed in the manner set forth in Policy 5-6 of these Personnel Policies and Procedures or as otherwise determined by the PARB. 6. Upon conclusion of the review hearing, the PARB shall render a written decision which shall contain findings as to whether the provisions of these Personnel Policies and Procedures relating to layoffs have been complied with. The decision of the PARB shall be final and is not appealable within any Town process. 7. Failure by the employee to file a written request for review within ten business days after the effective date of the layoff, unless explained to the satisfaction of the PARB, shall operate as a bar to further recourse by the employee. H. Pre-Layoff Transfer Layoff decisions shall be coordinated among Town departments to provide possible transfer of employees to positions in other departments for which the employees qualify. • 2. An employee subject to a pre-layoff transfer retains all accrued sick and vacation leave and compensatory time. The employee shall serve an initial evaluation period EXHIBIT A lar Council Meeting -May 5, 2009 -Page 190 of 297 4 r~ MARANA /I\ TOWN OF MAWtNA CHAPTER 8 TERMINATION OF EMPLOYMENT in the classification the employee transfers into if the employee has not completed an initial evaluation period in that classification previously. I. Recall 1. An employee who has been laid off pursuant to the provisions of this section shall be recalled within one year of the layoff if the employee's previously-held job is reopened or if a similar job for which the laid off employee is qualified becomes available. The Town is not required to follow the competitive hiring process to recall a laid off employee. 2. An employee subject to a pre-layoff transfer is subject to recall in the same manner as an employee who is laid off. J. Coordination with the Worker Recession Assignment Program (WRAP) • • If any of the provisions of this section conflict with the provisions of the Town's Worker Recession Assignment Program (WRAP), the provisions of the WRAP shall govern for those employees who are serving in a WRAP assignment under the provisions of that program. EXHIBIT A lar Council Meeting -May 5, 2009 -Page 191 of 297 5 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item A 5 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-63: Relating to Personnel; approving and authorizing staff to implement the Transition Package for fiscal year 2010; and declaring an emergency Discussion: On March 24, 2009 the Town Council received a briefing from staff on a proposed methodology for moving forward with preparation of the FY 2010 Budget. Staff outlined potential expenditure reductions • and revenue enhancement options ranged on a continuum from those that caused the least disruption to persortrtel and services (Level 1) to those that have the most impact to personnel and services (Level 3). As part of Leve13 options, both voluntary and involuntary (layoff) reductions are under discussion. In preparation for potential layoff, staff has proposed amendments to Chapter 8 -Termination of Employment related to Layoff and Recall for Council approval on tonight's agenda. In conjunction with the changes to the layoff policy, staff has developed a Transition Package. The Transition Package is intended to provide transitional assistance to employees who are affected by a layoff during Fiscal Year 2010. A summary of the key features of the program include: 1. Payment at 1.5 percent to 2 percent of the employee's base salary multiplied by their years of continuous service with the Town. 2. Outplacement services including up to 6 employee assistance program (EAP) individual counseling sessions. 3. Opportunity to participate in a job search workshop provided by the Town's EAP provider. 4. Normal payout of vacation leave and compensatory time upon termination. 5. A 65 percent reduction in COBRA premiums for up to 9 months for eligible employees in accordance with the American. Recovery and Reinvestment Act (ARRA). The Transition Package program outline is attached to the Resolution for this item. Financial Impact: The financial impact will be based on the net personnel savings (salary and employee related expenses) resulting if a layoff action is recommended. ATTACHMENTS: .Name: Description: Type: O Reso Transition Package Resolution Resolution Regular Council Meeting -May 5, 2009 -Page 192 of 297 approval (0001_4562-2).DOC G' Transition Package ro ram outline (00014564-2~ Exhibit A Exhibit EXHIBITA.DOC Staff Recommendation: Staff recommends that the Transition Package be approved and that staff be authorized to implement it as set forth in the program outline. Suggested Motion: I move to approve Resolution No. 2009-63, approving and authorizing staff to implement the Transition Package for fiscal year 2010; and declaring an emergency. • • Regular Council Meeting -May 5, 2009 -Page 193 of 297 • MARANA RESOLUTION N0.2009-63 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING STAFF TO IMPLEMENT THE TRANSITION PACKAGE FOR FISCAL YEAR 2010; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by A.R.S. § 9-240 (A) to control the finances of the Town; and WHEREAS the Town Council finds that authorizing staff to implement the Transition Package for fiscal year 2010 as described in the Transition Package program outline is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Transition Package for fiscal year 2010 as described in the Transition Package program outline, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Transition Package, to include the execution of severance agreements in compliance with the provisions of the Transition Package as described in Exhibit A. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5~' day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 5, 2009 -Page 194 of 297 Transition Package Program Outline The purpose of the Transition Package is to provide transitional assistance for classified employees who are being separated from Town employment because their positions have been identified for elimination due to a reduction in force/layoff. The process for identifying employees who are to be separated as a result of a reduction in force is outlined in Chapter 8, Section 8-1-6, of the Town's Personnel Policies and Procedures. Eligibility This program applies to all classified employees who are affected by a layoff during Fiscal Year 2010. Transition Package Benefits 1. Severance Pay. The Town will pay an amount equal to 1.5% to 2% of the employee's base salary at the time of the layoff, multiplied by the employee's length of service with the Town, as follows: 0-10 years=1.5% >10 -15 years = 1.75% >15years=2.0% 2. Outplacement Services. Up to six Employee Assistance Program (EAP) individual counseling sessions to be used within 30 days of the effective date of layoff and the opportunity to participate in a job search workshop provided by the Town's EAP provider. 3. Vacation Leave/Compensatory Time. The normal payout of vacation leave and compensatory time pursuant to the Town's Personnel Policies and Procedures, if earned and applicable, upon the effective date of the layoff. 4. COBRA. A 65% reduction in COBRA premiums for 9 months for eligible employees who lose employment between September 1, 2008 and December 31, 2009 pursuant to the American Recession Recovery Act (ARRA). Severance Agreement Employees who elect to accept a transition package will be required to enter into a severance agreement with the Town. Regular Council Meeting -May 5, 2009 -Page 195 of 297 EXHIBIT A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item A 6 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-64: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 -Work Rules; and declaring an emergency Discussion: As part of an on-going comprehensive review of the Town's Personnel Policies and Procedures, staff is proposing the attached amendments to the Chapter 5 -Work Rules. Consistent with Ordinance 99.12 and Resolution 99-38, amendments to the Personnel Policies and Procedures, this chapter was presented as a first reading for Council consideration on Apri121, 2009. In addition, redlined versions of the proposed amendments were delivered to the Council subsequent to the April 21st meeting. Staff is requesting final approval of the amendments tonight. During the first presentation of the proposed changes to Chapter 5, staff advised Council that employee feedback was solicited and that if, as a result of the feedback, additional changes to the policies were made from the first presentation, those changes would be highlighted. Accordingly, attached is a summary of the feedback received and noted changes. When first presented, staff raised 4 issues for consideration including: 1) Board composition, 2) Role of the Human Resources Director, 3) Reviewable discipline under the appeal process, and 4) Final decision authority. The attached recommended amendments address all but one of the issues which is board composition. First, a recommendation is offered to remove the Human Resources Director from any part of the appeal procedure. The Human Resources Director is recommended to serve as the process facilitator in a neutral role. Second, reviewable discipline that rises to the level of an appeal is recommended to be a severe discipline including suspensions without pay over 40 hours per pay period, reduction in pay, demotion or discharge. Third, it is recommended that the final decision for appeal matters rest with the Town Manager. Yet to be determined is the board composition. Two versions of Chapter 5 are presented to you tonight with each version containing a different option under Policy 5-7 entitled "Personnel Action Review Board (PARB)." One option provides for a board comprised of two citizens, three employees and 5 corresponding alternates. Alternate employees would be elected into a pool of alternates which would provide flexibility in assigning employees to boards to avoid conflicts. The other option provides for a • board of three citizens with three citizen alternates. This option would completely eliminate potential employee conflicts, and eliminate the need for employees to leave their work to participate in appeal hearings. In addition, staff seeks authorization to reconstitute the PARB with members, in accordance Regular Council Meeting -May 5, 2009 -Page 196 of 297 with whichever option the Council chooses. • • • Both options are listed as "Exhibit A" so that whichever option is chosen can be incorporated by reference as an attachment to the resolution. The motion to approve the resolution should include reference as to which version of Exhibit A with regard to PARB composition is being adopted. Financial Impact: There is no financial impact. ATTACHMENTS: Name: ^ Reso Amendments to Chapter 5 (00014535).DOC O Clean version of Chapter_ 5 for 5-5 adoption (00014534) j2~.DOC ^ Clean version of Chester 5 for 5-5 adoption--no EE members (00014538~2~_DOC ^ Summar~r of_employee comments to Chapter 5 (00014547). DOC Staff Recommendation: ®eseription: Type: Resolution Resolution Exhibit A Exhibit Exhibif A Exhibit Summary of employee comments Hackup Material Staff recommends adoption of amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 Work Rules; Council's pleasure as to which option is chosen with regard to PARB composition. Suggested Motion: I move to adopt Resolution No. 2009-64, with employees included in the PARB composition. -or- I move to adopt Resolution No. 2009-64, without employees included in the PARB composition. Regular Council Meeting -May 5, 2009 -Page 197 of 297 • MARANA RESOLUTION N0.2009-64 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 5 -WORK RULES; AND DECLARING AN EMERGENCY WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and • WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at its Apri121, 2009 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 5 of the Town's Personnel Policies and Procedures, entitled "Work Rules," is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial. to carry out the terms, obligations, and objectives of the aforementioned amendments, to include taking necessary action to reconstitute the PARB in accordance with the amendments to Chapter 5 of the Personnel Policies and Procedures. 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 5~' day of May, 2009. • Regul~aFa4i~a~e~sofuPtgo~~09-b~' 5, 2009 -Page 198 of 297 _.~_ • ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn. C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~a~aQi~~~~so~~t~o~i~o 5, 2009 -Page 199 of 297 _2_ r'~, MARANA TOWN OF MARANA Chapter 5 WORK RULES Policy 5-1 HOURS OF WORK An employee is expected to work the days and hours necessary to pertorm all assigned responsibilities and tasks in order to provide continuity of services to citizens and to facilitate teamwork and supervision. Attendance is an essential function of every Town position and shall be a consideration in determining promotions, transfers, satisfactory completion of performance periods and continued employment with the Town. Section 5-1-1 Normal Work Week and Work Hours A. The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. A work week generally begins every Saturday at 12:01 a.m. and ends the following Friday at 12:00 midnight. The Town Manager or Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. B. Most full-time employees will work during the core business hours of the Town, from 8:00 a.m. to 5:00 p.m. Monday through Friday, with one unpaid meal break each day. • Normal work schedules may be adjusted as provided within these policies and/or with the approval of the Town Manager or designee. C. Modifications to the Town's normal core business hours may be made, subject to any federal or State statutory or constitutional limitations relating to hours of work. Section 5-1-2 Alternative or Flexible Work Schedules A. The Town Manager may establish alternative or flexible work schedules, but at no time shall those schedules intertere with the normal operations of the Town government. B. Individuals with a medical need for an alternative or flexible work schedule should contact the Human Resources Department. Any arrangements shall be governed by these Personnel Policies and Procedures. C. Daily and weekly work schedules, including alternative or flexible work schedules, may be changed .from time to time at the discretion of the Town to meet varying work conditions. Changes in work schedules will be announced as far in advance as practicable. Section 5-1-3 Absences and Tardiness A. Advance notice of all absences is expected. Employees shall provide notice of scheduled absences as far in advance of the absence as possible and no later than 24 • hours before the absence. Employees shall provide notice of unscheduled absences within one-half hour before the scheduled start of their work day, unless other notice EXHIBIT A Council Meeting -May 5, 2009 -Page 200 of 297 >~^ MARAIVA /1\ tOWN Of MARANA Chapter 5 WORK RULES requirements are established by written departmental standard operating procedures. If the employee is physically unable to notify his or her supervisor within the time frame required by this policy, the employee shall provide notice as soon as possible. If applicable, the supervisor may request medical verification of an employee's incapacitation, from a licensed health care provider as provided in Policy 4-2 of these Personnel Policies and Procedures. B. Advance notice of anticipated tardiness is expected. Employees shall provide notice of anticipated tardiness as far in advance of the tardiness as possible and no later than 24 hours before the tardiness. Employees shall provide notice of unanticipated tardiness as soon as possible. The employee's supervisor shall determine if work time lost due to tardiness may be .made up by the employee or if the employee will be required to use accrued leave balances or take leave without pay. If authorized by the employee's supervisor, the employee may make up work time lost due to tardiness only during the work week in which it occurs. C. Notification of an unscheduled absence or tardiness by another employee, friend or relative is not considered proper except in an emergency situation where the employee is physically unable to make the notification. D. Departments are responsible for establishing procedures for employee notification of unscheduled absences or tardiness. Generally, unless provided otherwise by a department procedure; employees are expected to speak with their direct supervisor regarding an unscheduled absence or tardiness within the time-frames provided by this policy. E. Poor attendance and frequent tardiness are disruptive to the provision of Town services and may lead to disciplinary action, up to and including termination of employment. Section 5-1-4 Meal Breaks and Rest Breaks A. Town employees who are considered non-exempt under the Fair Labor Standards Act (ELBA) and who work a regular 8-hour work day will receive a minimum of one 30-minute unpaid meal break. The duration of meal breaks shall be determined by the Department Head in order to avoid overtime whenever possible. Meal breaks shall not be taken at the beginning or end of a work. shift and cannot be combined with paid rest breaks. B. Town employees who are considered non-exempt under the Fair Labor Standards Act (ELBA) and who work a regular 8-hour work day may be granted paid rest breaks of short duration, from five to 20 minutes. Work demands may preclude the granting of a rest break; therefore, rest breaks. shall be granted at the sole discretion of the appropriate supervisor or Department Head. Rest breaks shall not be taken at the beginning or end of a work shift and cannot be combined with meal breaks. EXHIBIT A 2 lar Council Meeting -May 5, 2009 -Page 201 of 297 • • • • r_~* MARANA T6WN OF MARANA Chapter 5 WORK RULES Policy 5-2 PERSONNEL FILES The Human Resources Department maintains an official personnel file and a separate medical file on each employee. The personnel file contains documentation regarding all aspects of the employee's tenure with the Town, such as employment history, pertormance appraisals, and disciplinary action notices. The medical file contains documentation such as employee benefits elections and medical leave information. Section 5-2-1 Official Personnel Files A. The Human Resources Department is responsible for maintaining official personnel files and must approve materials for inclusion in personnel files. B. An employee may submit a written statement for inclusion in his/her official personnel file if he or she believes that any of the included materials requires correction and/or clarification. ~~ U Section 5-2-2 Department Personnel Files A. The employee's current department may also maintain a personnel file regarding the employee's tenure with the department. If maintained, the department personnel file should contain the following items: 1. Name 2. Social Security Number 3. Emergency contact information 4. Personnel Action Forms and supporting documentation 5. Pertormance appraisal documents 6. Documents of all formal disciplinary actions and grievance/appeal actions not alleging discrimination 7. Outside employment documents 8. Employment application(s) 9. Employee time and leave records including leave request documents and time sheets 10. Education reimbursement application forms EXHIBIT A 3 Council Meeting -May 5, 2009 -Page 202 of 297 cr~~ MARANA T©WN Of MARANA Chapter 5 WORK RULES B. Employees may provide work-related documents, such as letters of commendation, school transcripts, and updated resumes for inclusion in the department personnel file. C. Each department should also maintain copies of the non-medical portions of risk management files related to worker's compensation reports and supervisor's copies of accident/injury reports. D. Department personnel files shall be relocated to the receiving department upon employee transfer. The transferring department may retain only the following information: 1. Name 2. Address 3. Social Security Number 4. Personnel Action Forms and supporting documentation E. As a general rule, departments shall maintain only the employee records listed in this section in department personnel files. Questions regarding the contents of department personnel files should be referred to the Human Resources Director. For the purpose of employee performance evaluations and pending disciplinary actions, notations related to identified performance factors may be placed in a supervisory working file provided the performance issue has been discussed with the employee and the notations are removed after the performance evaluation or discipline has been issued and is final. Section 5-2-3 Access to Personnel Files A. Official and department personnel files and employment records shall be kept confidential except as required by law. During the normal course of employment, only the following individuals shall be permitted access to personnel files and employment records: 1. Personnel within the Human Resources Department 2. The Town Manager or designated administrator 3. The Town Attorney or designated attorney 4. The employee or the employee's designated representative who has written authorization from the employee EXHIBIT A 4 filar Council Meeting -May 5, 2009 -Page 203 of 297 Reg • • • t:'~.~ MARANA TOWN OF MARANA Chapter 5 WORK RULES 5. State and federal auditors or law enforcement authorities in the course of their duty, when required, and only after presentation of proper identification and notification of audit or investigation 6. The employee's current or prospective Department Head or designee . B. Access to official and department personnel files under this section shall only be permitted during normal working hours and for appropriate business purposes. Section 5-2-4 Updating Personnel Files A. Department Heads are responsible for forwarding documents to the Human Resources Department for inclusion in the official personnel files of those employees assigned to their department. B. To ensure that personnel files are up-to-date at all times, employees should notify their supervisor or the Human Resources Department of any changes in name, telephone • number, home address, marital status, number of dependents, beneficiary designation, scholastic achievements, emergency contacts and other similar information. C. Employees may inspect their official personnel file to ensure accuracy and completeness of the file. A Human Resources Department representative must be present when a file is reviewed. Section 5-2-5 Records Release A. Personnel files and employment records of public employees are considered public records. Upon receipt of a proper public records request, records that are not made confidential- by law may be released to the extent required by Arizona's public records law, A.R.S. § 39-121 et seq. B. Employee names, dates of service, positions held, and compensation may be released without legal inquiry. C. In the absence of a public records request, other information contained in an employee's personnel file will only be released with the express written permission of the employee. Section 5-2-6 Records Retention A. An employee's personnel and department personnel files shall be retained in accordance with the Town's records retention and disposition schedule as approved by the Arizona State Library, Archives and Public Records department or in accordance with federal law, whichever requires a longer period of retention. During this retention period, nothing will be removed from the personnel file. EXHIBIT A 5 Reg lar Council Meeting -May 5, 2009 -Page 204 of 297 MARAIVA TOWN OF NIARANA Chapter 5 WORK RULES B. The employee's name, position held, dates of service, compensation, and reason for separation will be retained indefinitely. EXHIBIT A 6 • • Council Meeting -May 5, 2009 -Page 205 of 297 • t~L~~ MARANA ~1 I \ SOWN OF MARANA Chapter 5 WORK RULES Policy 5-3 PERSONAL APPEARANCE Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the organizational image the Town of Marana presents to the general public. During business hours, employees are expected to present a clean and neat appearance and to dress according to the requirements of their positions. Department Heads are responsible for determining and enforcing the dress code for their respective areas of responsibility. Section 5-3-1 Acceptable Attire Because of the changing nature of fashion, regulations pertaining to acceptable employee attire and grooming are flexible. There are, however, certain expected norms of professional appearance, of personal neatness, cleanliness and good grooming that are applicable to all employees. Section 5-3-2 Unacceptable Attire The Town of Marana reserves the right to advise any employee at any time that his or her grooming, attire or appearance is unacceptable. After having been so advised, the employee shall make any changes required by his or her supervisor. Failure to do so will result in the employee's suspension without pay until corrective action by the employee is taken. Repeated lack of compliance may result in further disciplinary action, up to and including discharge. Section 5-3-3 Uniforms A. Employees who are required to wear a uniform of any type in the performance of their duties will be provided a uniform by the Town. B. The Town may engage a uniform service company for laundering of uniforms. Laundering, cleaning and general upkeep of uniforms is the responsibility of each employee, whether the employee chooses to use the uniform service company or to self-wash uniforms. C. Employees should be aware that the furnishing of uniforms and maintenance or replacement allowance, if any, may, under certain circumstances, be considel-ed a taxable benefit. D. Upon leaving the employment of the Town, uniforms are to be returned to the department according to departmental guidelines. • EXHIBIT A 7 Council Meeting -May 5, 2009 -Page 206 of 297 e-~~~ MARANA TOWN OF MARANA Chapter 5 WORK RULES Policy 5-4 USE OF COMMUNICATIONS SYSTEMS AND EQUIPMENT Electronic Mail (e-mail), voice-mail, telephone, on-line subscriber services and the Internet are all information management and communications tools that are important parts of the way that the Town of Marana does business. Employees shall use these systems and associated equipment in an appropriate manner at all times. Section 5-4-1 No Expectation of Privacy A. All electronic storage and communication systems and equipment (including without limitation facsimiles, copiers, computers, software and telephones) and all information transmitted by, received from or stored in these systems are the property of the Town. B. Employees should have no expectation of privacy regarding the use of these systems and equipment or the transmission, receipt or storage of information in these systems or equipment. C. The Town may monitor an employee's use of these systems and equipment at any time at its discretion. Such monitoring may include, but is not limited to, monitoring, tracking, and review of all employee communications including all information created, stored, and disseminated using the Town's computer, network and telephone systems and all information viewed, downloaded, copied, sent, or processed using the Town's computer, network and telephone systems. Section 5-4-2 Permitted Use The Town's communications systems and equipment shall be used primarily for Town business purposes associated with the performance of each .employee's job. Any use of these systems for non-work related purposes beyond limited incidental use, is prohibited. Section 5-4-3 Prohibited Use Improper use of the Town's electronic storage and communications equipment is strictly prohibited. Improper use includes, but is not limited to, the following uses. A. Any communications which violate Town policy, including abusive, harassing, intimidating vulgar, obscene and offensive communications, communications that defame or libel others, and communications that infringe upon the privacy rights of others. EXHIBIT A 8 • Council Meeting -May 5, 2009 -Page 207 of 297 • • MARANA .~ /1\ TOWN OF MARANA Chapter 5 WORK RULES B. Disparaging communications or jokes which are based on race, national origin, marital status, sex, sexual orientation, disability, age, religion, or any other characteristic protected under federal, state or local law. C. Communications of any copyrighted materials, trade secrets, proprietary information, or any other highly sensitive confidential information, except with management permission in the course of an employee's job. D. Solicitation of others for commercial ventures or religious, social or political causes. E. Accessing, viewing, downloading, copying or sending information that is illegal, sexually explicit or obscene. F. Using on-line services or the Internet to gamble or wager. G. Acts that damage, intertere with, or congest the Town's computer or network systems or interfere with the work of other employees. Section 5-4-4 Additional Employee Responsibilities A. Employees shall maintain the secrecy of all passwords, identification numbers, or other means of entry onto the Town's computer systems and networks. The Town is the holder of all passwords, identification numbers, and other means of entry and no employee will use a pass code or voice mail access code that is unknown to the Town or that is not expressly authorized by the Town. The Town Manager may establish administrative directives regarding the establishment and use of passwords. B. Employees shall cooperate with authorized Town officials in any investigation involving the Town's electronic communications systems. C. Employees may load outside files from an acceptable and known source onto the Town's computer system. Employees shall obtain approval from the Technology Services Department for all other outside files prior to loading such files in the Town's computer system. Section 5-4-5 Software Copyright • The Town purchases and licenses various computer software for business purposes and does not own the copyright to this software or its related documentation. Employees may not reproduce such software or use it on more than one computer unless authorized to do so by the software license agreement.. Employees with questions or concerns regarding the use of software or its related documentation should contact the Technology Services Department. EXHIBIT A Council Meeting -May 5, 2009 -Page 208 of 297 t~~. MARANA :^":/1\ TOWN OF MARANA Chapter 5 WORK RULES Section 5-4-6 Consequences of Prohibited Use Any violation of this policy may result in disciplinary action, up to and including termination of employment. EXHIBIT A 10 Council Meeting -May 5, 2009 -Page 209 of 297 ~~L~~ MARANA TOWN OF MARANA Chapter 5 WORK RULES Policy 5-5 DISCIPLINE SYSTEM Each supervisor shall have the responsibility and authority, with the approval of the Department Head, to administer appropriate discipline to subordinates using a positive progressive discipline process as a corrective measure. Section 5-5-1 Progressive Discipline A. Progressive discipline is an employee disciplinary system that provides a graduated range of responses to employee performance or conduct problems. The Town's discipline system includes a series of increasingly severe disciplinary actions, ranging from verbal reprimand to termination. However, this does not mean that every step in the graduated range of disciplinary actions will occur in an ordered sequence in every case. B. Progressive discipline is a general guideline for supervisors. The totality of the circumstances will dictate the appropriate level of discipline for each incident. Review of ® the particular facts and circumstances, such as the severity of the offense and an employee's disciplinary history, whether for the same type of offense or not, may indicate that mare severe disciplinary measures, up to and including termination, are appropriate. C. All employees are subject to termination when, in the sole opinion of management, an employee's job pertormance or conduct threatens the well-being of the Town, its employees or its citizens, regardless of whether progressive discipline steps have been administered. Section 5-5-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Unclassified employees and other at-will employees shall be held to acceptable standards of employee pertormance and conduct and may be subject to discipline; however, unclassified employees and other at-will employees do not have the same due process rights as those afforded to regular full- and part-time classified employees by this policy and Policy 5-6. • EXHIBIT A 11 Council Meeting -May 5, 2009 -.Page 210 of 297 r-~~ MARANA 11\ TOWN OF MARANA Chapter 5 WORK RULES Section 5-5-3 Types of Disciplinary Action A. Verbal Reprimand.: A verbal notice to the employee regarding a performance or conduct problem. The verbal reprimand shall be given to the employee in a private meeting. The supervisor may have an appropriate witness present during this meeting. 2. The supervisor shall inform the employee that the supervisor is issuing a verbal reprimand, that the employee is being given an opportunity to correct the problem, and that if the problem is not corrected, the employee will be subject to more severe disciplinary action. 3. Notation of the verbal reprimand shall be provided to the employee and included in the employee's official personnel file. B. Written Reprimand: A written notice to the employee discussing a performance or conduct problem. A written reprimand may be issued if the initial measure of verbal reprimand was taken by the employee's supervisor, but did not correct the problem or if the infraction is severe enough to warrant a written reprimand as the first measure of discipline. The written reprimand shall be given to the employee and its contents shall be explained to the employee by the issuing supervisor in a private meeting. The supervisor may have an appropriate witness present during this meeting. 2. Written reprimands should normally be issued within ten business days after the occurrence of the action requiring discipline or within ten business days of completion of any investigation of the occurrence, whichever is later. 3. The original written reprimand shall be signed by the employee and placed in the employee's official personnel file. If the employee refuses to sign acknowledging receipt of the written reprimand, then the supervisor and one other witness shall note on the reprimand that the. employee received a copy and refused to sign it. A copy of the written reprimand shall be given to the employee and included in the employee's department personnel file. C. Suspension Without Pay: Involuntary time off with loss of pay. A suspension without pay may be issued for serious improper conduct or performance issues or after lesser measures of discipline have been issued but have failed to correct the employee's behavior or performance. The number of days of suspension will depend on the severity of the infraction, but shall not exceed 15 working days. EXHIBIT A 12 • • Council Meeting -May 5, 2009 -Page 211 of 297 n ~~~ MARANA ~~ /I\ tOWN Of MARANA Chapter 5 WORK RULES D. Demotion: A reassignment to a lower position classification. A demotion may be issued for serious improper conduct and/or consistent inability to meet job performance expectations. Demotion shall occur when the employee is either unwilling or unable to pertorm the responsibilities of his or her position. Demotion is not a substitute for dismissal when dismissal is warranted. Employees who fail to complete an initial evaluation period in a promotional position and who are restored to their former position under the provisions of these Personnel Policies and Procedures are not considered to have been disciplined with a demotion. Therefore, the provisions of this policy do not apply to such action and the action is not subject to appeal under the personnel action appeal procedures of this chapter. E. Reduction in Pay: A reassignment to lower pay within the same position classification. A reduction in pay may be issued for serious improper conduct, flagrant violations of rules and regulations and/or consistent inability to meet job pertormance expectations. A reduction in pay is considered to be a final behavior correction opportunity. • 1. No change in classification occurs as a result of a reduction in pay. 2. Employees who fail to complete an initial evaluation period in a promotional position and who are restored to their former position under the provisions of these Personnel Policies and Procedures are not considered to have been disciplined with a reduction in pay. Therefore, the provisions of this policy do not apply to such action and the action is not subject to appeal under the personnel action appeal procedures of this chapter. 3. Assignments, transfers or reassignments, including those to or from lead positions or special positions, are not considered a reduction in pay for purposes of these Personnel Policies and Procedures. F. Termination: The involuntary, permanent removal of an employee from employment with the Town. The terms "termination" and "discharge" are sometimes used interchangeably in these Personnel Policies and Procedures. Termination does not include a layoff as defined in these Personnel Policies and Procedures. Termination may occur due to serious insubordination, theft, illegal or destructive acts while on the job, flagrant violation of Town policy or any other reason deemed appropriate by the Town Manager. Termination may also occur after repeated offenses of a less serious nature or for consistent inability to meet job pertormance expectations, if the employee's conduct has been documented and appropriate performance- and conduct-related changes have not resulted from previous progressive disciplinary action. 1. Employees serving in an initial evaluation period either as a new hire or in a promotional position are at-will employees as defined in these Personnel Policies Council Meeting -May 5, 2009 -Page 212 of 297 EXHIBIT A 13 ~~~~\ MARANA 11\ TOWN OF MARANA Chapter 5 WORK RULES and Procedures. As such, during the initial evaluation period, employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head after consultation with and approval by the Human Resources Director. The employee shall be notified in writing that he or she has failed to successfully complete the initial evaluation period. The decision to terminate employment during the initial evaluation period for either a new hire or an employee in a promotional position is not subject to appeal under the formal or informal personnel action review procedures set forth in this chapter. Section 5-5-4 Imposed Leave A. A Department Head may, after consultation with and approval by the Human Resources Director, place an employee on imposed leave with pay to remove an employee from the work site in order to allow the Town to investigate behavior that is suspected of being illegal, that is not in the best interests of the Town or that places other employees or citizens in jeopardy. Imposed leave shall ordinarily not exceed 21 calendar days. The Human Resources Director may authorize an extension when a comprehensive investigation will require more time to reach a conclusion. B. If the investigation reveals employee misconduct, disciplinary action commensurate with the nature of the offense shall be taken. Such disciplinary action may include recovery of salary and benefits paid during the imposed leave. C. If the investigation reveals no employee misconduct, the employee will be restored to duty and a letter of exoneration will be placed in the employee's official personnel file. Section 5-5-5 Grounds For Disciplinary Action A. A single serious infraction may result in termination. Such serious infractions include, but are not limited to, the following: 1. Dishonesty, including intentionally giving false information, intentionally falsifying records or making false statements when applying for employment, lying to supervisors in connection with the employee's job; falsifying time sheets for payroll. 2. Discrimination or failure to abide by Equal Employment Opportunity regulations, including sexual or other harassment of a protected class. 3. Reporting to work under the influence of alcohol or drugs or using such substances while on Town property. EXHIBIT A 14 • r~ ~. Council Meeting -May 5, 2009 -Page 213 of 297 • t-r~5"r~ MARANA .~ /I\ TOWN OF MARANA Chapter 5 WORK RULES 4. Theft or removal of Town money, merchandise or property, including property in the custody of the Town, without permission. 5. Possession of firearms, other weapons or explosives not authorized by the Town in Town facilities or while on Town business. 6. Conviction of a criminal offense. 7. Other reasons deemed valid by Town officials. B. Other grounds for disciplinary actions, up to and including termination, include, but are not limited to, the following: • 1. Being absent from work without permission or failure to report to the supervisor or Department Head when one is absent. 2. Being habitually absent or tardy for any reason. 3. Failure to follow the orders of one's supervisor(s). 4. Inability or unwillingness to perform the assigned job; failure to perform assigned work in an efficient or effective manner. 5 Participation in prohibited political activities. 6 Acceptance of fees, gifts or other valuable items in the pertormance of the employee's official duties for the Town. 7. Any action, on or off the job, bringing discredit to the Town. 8. Violations of any of Town policies or ordinances or state or federal law. 9. Violating safety rules and regulations; being wasteful of material, property or working time; failure to observe proper security or safety procedures. 10. Two written reprimands or other disciplinary actions in a 24 consecutive month period. 11. Inability to get along with fellow employees so that the work being done is hindered and not up to required levels; speaking critically or making derogatory or false accusations so as to discredit other employees or supervisors. 12. The use of profanity or abusive language towards a fellow employee or member of the general public while performing official duties as a Town employee. EXHIBIT A 15 Council Meeting -May 5, 2009 -Page 214 of 297 ~~\ MARANA :.~1 I \ TOWN Of MARANA Chapter 5 WORK RULES 13. Abuse of sick leave privileges by reporting sick when not sick or obtaining sick leave pay falsely or under false pretenses. 14. Divulging or misusing confidential information, including removal from Town premises without proper authorization of any employee lists, records, designs, drawings or confidential information of any type. 15. Improper use of the Town's electronic storage and communications equipment, as set forth in these Personnel Policies and Procedures and any administrative directives established by the Town Manager. 16. Such other act, error or omission detrimental to the mission of the Town. 17. Other reasons deemed valid by Town officials. Section 5-5-6 Notice to Employee A. An employee to whom this policy applies, as set forth in Section. 5-5-2, shall receive 24-hour written notice whenever the Town intends to take a disciplinary action resulting in termination, reduction in pay, demotion or suspension without pay. B. Notice under this section is not required for other types of actions including, but not limited to, verbal reprimands, written reprimands, imposed leave, layoffs, assignments, transfers or reassignments, including those to or from lead positions or special positions. Notice under this section is also not required for those employees to whom this policy does not apply, as set forth in Section 5-5-2. C. The notice required under this section shall provide the following information: 1. Notice of the intended disciplinary action and the proposed date of implementation. 2. The reasons for the action. 3. The date and time, not less than 24 hours after the notice is given to the employee, of apre-action meeting at which the employee may respond, verbally or in writing, to the written notice of intended disciplinary action. D. The original notice of intended disciplinary action shall be signed by the employee and placed in the employee's official personnel file. If the employee refuses to sign acknowledging receipt of the notice, then the supervisor and one other witness shall note on the notice that the employee received a copy and refused to sign it. A copy of the notice shall be given to the employee and included in the employee's department personnel file. EXHIBIT A 16 • • • Council Meeting -May 5, 2009 -Page 215 of 297 • ~~ MARAIVA ~~ 1 I \ TOWN OF MARANA Chapter 5 WORK RULES E. Once an employee has been provided the notice required under this section, the employee may be placed on imposed leave under Section 5-5-4 pending the pre-action meeting. Section 5-5-7 Pre-Action Meeting A. The pre-action meeting is a meeting between the employee, the supervisor proposing the discipline and the Department Head. The purpose of the meeting is to give the employee the opportunity to respond, verbally or in writing, to the written ,notice of intended disciplinary action. B. The employee may have anon-attorney co-worker of the employee's choosing present during the pre-action meeting. The co-worker may not speak on behalf of the employee and may only participate as an observer. The employee shall be permitted reasonable breaks of limited duration during the pre-action meeting to consult with the co-worker or others who are immediately available, telephonically or otherwise. • C. Any relevant information presented by the employee during the pre-action meeting regarding the proposed disciplinary action shall be considered by the supervisor and the Department Head. D. Failure by the employee either to attend the pre-action meeting or to timely submit a written response to the notice of intended disciplinary action shall be deemed a waiver of the employee's right to do so and the proposed disciplinary action shall be implemented as written. Section 5-5-8 Disciplinary Decision After the pre-action meeting, the Department Head shall advise the employee in writing of the decision regarding the imposition of discipline. This decision will normally occur within ten business days of the pre-action meeting. The Human Resources Director may authorize an extension with good cause shown by the Department Head. A copy of the written disciplinary decision shall be included in the employee's official personnel file. EXHIBIT A 17 Council Meeting -May 5, 2009 -Page 216 of 297 r'~,~ MARANA :.^ :1%/ 1 TOWN OF MARANA Chapter 5 WORK RULES Policy 5-6 FORMAL PERSONNEL ACTION REVIEW PROCEDURES Section 5-6-1 Purpose The Town of Marana provides formal personnel action review procedures as a means to ensure that employees receive fair and equitable treatment and to provide an orderly procedure for resolving disciplinary actions that are subject to formal appeal. Section 5-6-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Section 5-6-3 Sole Remedy This policy is the sole and exclusive internal remedy available to employees for resolving disciplinary actions that are subject to formal personnel action review, except that employees that are subject to the provisions of the memorandum of understanding between the .Town of Marana and a designated public safety employee organization may have additional remedies under that MOU. Section 5-6-4 Disciplinary Actions Subject to Formal Personnel Action Review Only the following disciplinary actions shall be subject to formal personnel action review under this policy: A. Termination B. Reduction in pay C. Demotion D. Suspension without pay for more than 40 hours in a rolling 12-month period. Section 5-6-5 Employment Actions Not Subject to Formal Personnel Action Review Only the disciplinary actions specifically listed in Section 5-6-4 are subject to formal personnel action review under this policy. All other employment actions are not subject to EXHIBIT A 18 filar Council Meeting -May 5, 2009 -Page 217 of 297 Reg • • • • -''~~\ MARANA /I\ TOWN OF MARANA Chapter 5 WORK RULES formal personnel action review. The following is an illustrative, but not exhaustive, list of employment actions that are not subject to formal personnel action review under this policy. A. Verbal reprimands, written reprimands and suspensions without pay for 40 hours or less in a rolling 12-month period. B. Termination during the initial evaluation period for either a new hire or an employee in a promotional position. C. Placement of an employee in, or the content or the structure of, the Town's classification plan. D. Placement of an employee in, or the content or structure of, the Town's salary plan. E. The content or structure of the Town's benefits programs. F. An employee's performance evaluation. G. Extension of an evaluation period. H. Assignments, promotions, transfers or reassignments, including those to or from lead positions or special positions. I. .Municipal finance or budgetary issues. J. Layoffs. Section 5-6-6 Appeal to the Personnel Action Review Board (PARB) A. To request formal appeal to the Town's Personnel Action Review Board (PARB), the employee must file a written appeal with the Human Resources Director within ten business days after the employee's receipt of a written disciplinary decision that is subject to formal appeal. B. The appeal shall be on a form provided by the Human Resources Department. C. Upon receipt of the employee's written appeal of a disciplinary decision that is subject to formal appeal, the Human Resources Director shall provide a copy of the appeal to the Town Manager, the Legal Department, the employee's Department Head and the PARE, by and through the PARB Chairperson. • D. If the Human Resources Director determines that the employment action is not subject to .formal appeal under this policy, the Director shall so inform the employee in writing within five business days of receiving the employee's request for appeal. EXHIBIT A 19 Council Meeting -May 5, 2009 -Page 218 of 297 ~~~\ MARANA TOWN OF MARANA Chapter 5 WORK RULES Section 5-6-7 Scheduling of Hearing A. Within 20 business days of the Human Resources Director's receipt of the employee's written appeal, the PARB, or the Human Resources Director in conjunction with the PARB Chairperson, shall set a date for a hearing. B. The hearing should take place within 60 business days of the Human Resources Director's receipt of the employee's written appeal, unless the time is extended by the PARB, or unless the PARB is unable to hear the appeal within that time, or for other good cause. C. In no event shall .the hearing take place later than one year from the date the Human Resources Director receives the employee's written appeal. D. Hearings shall be conducted at a mutually agreed upon time and place that affords a fair and reasonable opportunity for all persons entitled to be present to attend. Section 5-6-8 Notice of Hearing A. The Chairperson of the PARB, or the Human Resources Director at the direction of the PARB Chairperson, shall give written notice to the appealing employee and to the Town of the date, time and location of the hearing. B. The appealing employee's notice shall include appropriate notification of any potential executive session under A.R.S. § 38-431.03(A)(1). C. The notice of hearing shall be provided to the parties at least 15 business days before the scheduled hearing. Section 5-6-9 Pre-Hearing Exchange of Information A. Within ten business days before the hearing, the Town and the appealing employee shall disclose to each other a list of the witnesses each anticipates calling at the hearing and any documents each anticipates presenting to the PARB that have not previously been disclosed. B. Within ten business days before the hearing, the Town and the appealing employee shall also disclose to each other the names, work addresses, and work telephone numbers of any individuals who will be acting as representatives for either party. C. Either party may request to interview the other party's witnesses prior to the hearing. Witnesses listed by either party may decide whether they wish to be interviewed prior to the hearing at their own discretion. Neither the Town nor the appealing employee shall EXHIBIT A 20 • • • Council Meeting -May 5, 2009 -Page 219 of 297 ~~\ MARANA .~ /1\ TOWN OF MARANA Chapter 5 WORK RULES intertere with any decision of a witness regarding whether to be interviewed prior to the hearing. Section 5-6-11 Subpoenas Pursuant to A.R.S. § 12-2212, any member of the PARB may issue subpoenas to compel the attendance of witnesses and/or the production of documentary evidence. If any person fails to appear and/or produce a document in response to a duly issued subpoena, any member of the PARB may, by affidavit setting forth the facts, apply to the Superior Court for relief. Section 5-6-12 Hearings before the PARB A. General Rules 1. The appealing employee shall appear personally before the PARE at the time and place of the hearing, unless the employee is physically unable to do so. 2. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. • D. The parties shall also comply with the provisions of A.R.S. § 38-1101 where applicable. Section 5-6-10 Town Employee Witnesses A. A Town employee who is listed as a witness by either party and who has been notified in writing of the date, time and location of the hearing and of his or her scheduled testimony, shall appear at the hearing as directed. An employee's intentional and willful failure to appear as directed will result in disciplinary action, up to and including termination. B. The supervisor and/or Department Head of a Town employee directed to appear at a hearing as a witness shall allow the employee to attend the hearing as directed. A supervisor or Department Head who intentionally and willfully fails to allow an employee to attend a hearing pursuant to this policy shall be subject to disciplinary action, up to and including termination. C. Neither party shall be required to issue a formal subpoena to a Town employee who is listed as a witness. Written notice to the employee is sufficient to require the employee to appear. Reg EXHIBIT A 21 ~lar Council Meeting -May 5, 2009 -Page 220 of 297 ~f ~`~ MARANA .`^~/1\ TOWN OF MARANA Chapter 5 WORK RULES 3. The appealing employee may be represented by any person or attorney (other than a PARB Member or a Town employee) who is willing to represent the employee and who is not a witness or otherwise involved in the matter. 4. The Town may also be represented by an attorney or other representative acting on the Town's behalf. 5. The PARB may be assisted by an attorney who is acceptable to the Town. The PARB attorney will remain the same through individual appeals. The Town and the PARB shall be represented by separate attorneys. 6. The parties are individually responsible for their own attorney's fees, except that a law enforcement officer, as defined in A.R.S. § 38-1001(4), may request reasonable costs and attorney's fees under the provisions of A.R.S. § 38-1004(C), 7. Each party may call witnesses who were disclosed to the other party pursuant to this policy and who are believed to be relevant. Each party is responsible for securing the attendance of his or her own witnesses. The Town will make Town employees available for the hearing, if the identity of the Town employee/witness is timely disclosed pursuant to this policy. 8. In the absence of good cause, no witnesses or documents shall be considered by the PARB that were not disclosed during the pre-hearing exchange of information unless the party offering the evidence can show that the evidence was newly discovered and could not have been timely discovered and disclosed in the exercise of reasonable diligence, that the evidence was promptly disclosed when discovered, and that the evidence is crucial. 9. The PARB may, at its discretion, exclude certain witnesses or documents even if timely disclosed if it finds such evidence to be irrelevant, cumulative, redundant, or overly inflammatory. 10. The hearing shall be limited to the specific cause(s) of the disciplinary action giving rise to the appeal. 11. The Town bears the burden of demonstrating just cause for the disciplinary action by a preponderance of the evidence. 12. The hearing shall be recorded by audio or video recorder, or by other mechanical or electronic means and/or by a court reporter. EXHIBIT A 22 ., Council Meeting -May 5, 2009 -Page 221 of 297 • ~ -- ~"~~~`` MARANA /I\ tOWN OF MARANA Chapter 5 WORK RULES 13. The cost of a copy or copies of any transcription of the hearing, including preparation of the transcript, shall be paid by the party or parties ordering the copy or copies. 14. The appealing employee may submit a written request to the Human Resources Director to withdraw the appeal at any time prior to the decision by the PARB. B. General Conduct of the Hearing The Chairperson shall call the hearing to order, introduce all parties, summarize the issues and relief requested, outline the hearing sequence, and swear in all witnesses. 2. The hearing shall take place in a public meeting unless a majority of the members constituting a quorum of the PARB publicly vote to hold the hearing in executive session pursuant to A.R.S. § 38-431.03(A)(1). • 3. The hearing shall take place in a public meeting if the appealing employee, upon receiving appropriate notice pursuant to A.R.S. § 38-431.03(A)(1) of the potential executive session, demands in writing that the hearing take place in public. 4. If the hearing takes place in a public meeting, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, hold an executive session at any time for the purposes fisted in A.R.S. § 38-431.03(A)(1), (2) and/or (3). 5. The hearing is informal and the technical rules of evidence shall not apply. The Chairperson shall preside over the hearing in such a manner as will best ensure the receipt of reliable evidence and fairness for the parties within the general guidelines of these procedures. The Chairperson shall maintain appropriate decorum throughout the conduct of the hearing. The decisions of the Chairperson on the conduct of the hearing shall be final, unless overruled by a majority of the members constituting a quorum of the PARB. 6. If the hearing is held in a public meeting, the PARB may, and at the request of either party shall, exclude prospective witnesses from the hearing during opening statements and the testimony of other witnesses. If witnesses are excluded from the hearing under this paragraph, the Chairperson shall also direct the witnesses not to communicate with each other until the closing arguments of both parties have concluded. • 7. If the hearing is held in executive session, attendance at the hearing is limited to the appealing employee, the responsible Department Head or designee (who may be the supervisor who is directly involved in the matter), .each party's attorney or representative, the PARB members, the attorney for the PARB, any Human EXHIBIT A 23 Council Meeting -May 5, 2009 -Page 222 of 297 ~"~~'r MARANA TOWN OF MARANA Chapter 5 WORK RULES Resources Department staff needed to assist the PARB with administrative tasks, and each witness during his or her testimony. The Chairperson shall instruct each person present at the executive session that discussions and testimony made at executive session shall be kept confidential. C. Default Decision If, after receiving proper notice, the appealing employee or responsible Department Head or designee fails to attend or participate in the hearing within fifteen minutes of the time set for the hearing, the PARB may enter a default against the party failing to appear. The PARB may reconsider a default decision upon a party's submission to the PARB of proof of exigent circumstances within ten calendar days of the default decision. D. Statements and Questioning of Witnesses The Town or its representative may make an opening statement. 2. The appealing employee or the employee's representative may then make an opening statement. The employee or representative may reserve his or her opening statement until the close of the Town's evidence. 3. The Town shall present its case first, calling witnesses and presenting its evidence to establish the reasons for the employment action that is the subject of the appeal. 4. The appealing employee or the employee's representative may ask questions of the Town's witnesses after the Town has completed the questioning of each witness. 5. The Town may then ask further questions of the its witness, limited to those areas raised in the appealing employee or representative's questioning of the witness. 6. After the Town's witness testifies and the appealing employee or representative and PARB members have had an opportunity to ask questions, the witness will be dismissed. 7. When all witnesses of the Town have been heard, the appealing employee/representative will present his/her witnesses and evidence in the same format. The Town may ask questions of the employee's witnesses after the appealing employee/representative has completed questioning the witness. The appealing employee/representative may then ask further questions of the witness, limited to those areas raised in the Town's questioning of the witness. 8. Rebuttal witnesses may be permitted to testify as the PARB determines appropriate. 9. PARB members may ask questions of a witness at any time. EXHIBIT A 24 filar Council Meeting -May 5, 2009 -Page 223 of 297 Reg • • ~,~ MARANA :"~/I\ TOWN OF MARANA Chapter 5 WORK RULES 10. After all witnesses have been questioned, the Town may make a closing argument. The appealing employee or representative may then make a closing argument. Because the Town has the burden of supporting its decision, the Town may make a second closing argument in rebuttal to the employee's closing argument. 11. Because the Town has the burden of supporting its decision, the appealing employee and/or representative will not be permitted to make a second closing argument. Section 5-6-13 Submission to the PARB A. If the hearing was held in a public meeting, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(1) for deliberations, unless the appealing employee requests that the deliberations take place in a public meeting. If the appealing employee so requests, any deliberations shall take place in a public meeting. However, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) for discussion or consultation for legal advice with the attorney for the PARB. B. If the hearing was held in executive session pursuant to A.R.S. § 38-431.03(A)(1), after all the evidence has been submitted and closing arguments have been made, the parties and their representatives shall be excused and the PARB shall then deliberate in private, unless the appealing employee requests that the deliberations take place in a public meeting. If the appealing employee so requests, any deliberations shall take place in a public meeting. However, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) for discussion or consultation for legal advice with the attorney for the PARB. Section 5-6-14 Findings of the PARB A. Following deliberation; whether in a public meeting or in executive session, the PARB shall render its findings regarding the disciplinary action via a public majority vote of the members constituting a quorum of the PARB. The voting shall be by roll call. B. The findings of the PARE shall be in the form of an advisory opinion to the Town Manager. The PARB may recommend that the disciplinary action be upheld, overturned or modified. C. Within ten business days of the conclusion of the hearing, the PARB shall provide a written advisory opinion to the Town Manager. The opinion shall include the recommendation of the PARB regarding the disciplinary action and the reasons for the • EXHIBIT A 25 Council Meeting -May 5, 2009 -Page 224 of 297 ,f.~ MARANA /I\ TOWN OF MARANA Chapter 5 WORK RULES recommendation. The advisory opinion shall also be distributed to the appealing employee, the Human Resources Director and the employee's Department Head. Section 5-6-15 Decision of the Town Manager A. Within ten business days of receipt of the written advisory opinion of the PARB, the Town Manager shall render a written decision regarding the disciplinary action being appealed. The Town Manager may accept, modify or reverse the recommendation of the PARB. The Town Manager's written decision shall be distributed to the appealing employee, the employee's Department Head and the Human Resources Director. B. In reaching a decision, the Town Manager shall review the evidence and testimony presented to the PARB and his or her decision shall be based upon the official record of the proceedings before the PARB. The Town Manager may seek legal advice during deliberation from an attorney or attorneys representing the Town; however, the Town Manager may not consult with any attorney who participated as an advocate for the Town during the proceedings before the PARB or who acted as the attorney for the PARB. C. If the Town Manager modifies or reverses the recommendation of the PARB, the Town Manager shall state in writing his or her reasons for modification or reversal. D. All decisions of the Town Manager are final and not appealable within any Town process. Section 5-6-16 Back Pay, Reasonable Costs and Attorney's Fees A. If the Town Manager modifies or reverses the disciplinary action, the appealing employee shall receive back payment for wages and benefits lost, if any, as a result of the disciplinary action, subject to reduction for any wages actually earned by the employee during the time period in question, including any unemployment compensation that is not subject to repayment by the employee. B. If the Town Manager modifies or reverses the disciplinary action, a law enforcement officer to whom the provisions of A.R.S. § 38-1004(C) apply, may also make written request to the PARB for reasonable costs and attorney's fees pursuant to the provisions of that statute. If necessary, the PARB may set a hearing to make findings as to the amount of the costs and attorney's fees, if any, to award to the appealing employee. C. Any hearing regarding costs and attorney's fees shall take place within 20 business days of the Town Manager's written decision and shall be conducted in compliance with the rules set forth in this policy. EXHIBIT A 26 • • • Council Meeting -May 5, 2009 -Page 225 of 297 ~,~ MARANA TOWN OF MARANA Chapter 5 WORK RULES D. Within five business days of any hearing regarding costs and attorney's fees, the PARB shall render a written advisory opinion to the Town Manager. The opinion shall include the recommendation of the PARB regarding costs and attorney's fees and the reasons for the recommendation. The advisory opinion shall also be distributed to the appealing employee, the Human Resources Director and the employee's Department Head. E. Within five business days of receipt of the written advisory opinion of the PARB, the Town Manager shall render a written decision regarding costs and attorney's fees. The Town Manager may accept or reject the recommendation of the PARB. The Town Manager's written decision shall be distributed to the appealing employee, the employee's Department Head and the Human Resources Director. • F. The decision of the Town Manager is final and not appealable within any Town process. G. Any award of costs and attorney's fees to a law enforcement officer shall be in compliance with the provisions of A.R.S. § 38-1004(C). Section 5-6-17 Miscellaneous Rules of Appeals A. After an issue has been initially presented for review, neither party may, without good cause, add new allegations at a subsequent step. B. Time limits provided in these procedures may be extended to a date certain by mutual written agreement of the Town and the appealing employee. C. In the absence of good cause, the employee's failure to timely pursue any step in the appeal process shall result in the termination of the appeal process and the dismissal of any appeal, and the employment action shall stand. D. No discipline, retaliation, or threats of retaliation shall be taken against any employee, representative, witness or other participant, whether testifying or not, in these personnel action review procedures because of such participation. Such discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up to and including termination. E. All information obtained during the processing of a request for personnel action review will be maintained confidentially to the extent permitted by law. Information may be released pursuant to a public records request under the Arizona public records law, A.R.S. § 39-121 et seq. F. An employee seeking personnel action review under these procedures may be granted up to one hour of work time per day to spend preparing for his or her hearing before the PARB. • Council Meeting -May 5, 2009 -Page 226 of 297 EXHIBIT A 27 t~~~ MARANA /1\ TOWN OF NIARANA Chapter 5 WORK RULES G. For pay and benefits purposes, time spent by employees in discussions with management or in testifying before the PARB is considered time worked. H. Disciplinary actions subject to formal personnel action review may be resolved or settled at any step in the process. The request for formal personnel action review shall be processed until the employee is satisfied, the employee does not file a timely appeal, as defined in this policy, or a decision has been made in the final step. Upon reversal of the decision at any step in the formal personnel action review process, the successful employee may recover any wage and/or benefits losses incurred from the effective date of the disciplinary action pursuant to the provisions of this policy. EXHIBIT A 28 • U Council Meeting -May 5, 2009 -Page 227 of 297 • ~~~\ MARANA .~ /i\ TOWN OF MARANA Chapter 5 WORK RULES Policy 5-7 PERSONNEL ACTION REVIEW BOARD (PARB) Section 5-7-1 Composition and Officers A. The Town of Marana Personnel Action Review Board (PARB) shall be composed of five primary members. Two primary members shall be residents of the Town of Marana and three primary members shall be employees of the Town of Marana. B. The PARB shall also have five alternate members. Two alternate members shall be residents of the Town of Marana and three alternate members shall be employees of the Town of Marana. C. At its first regular meeting, and each year thereafter, the PARB shall select a Chairperson and Vice-Chairperson from its primary members. Section 5-7-2 Appointment of Citizen PARE Members A. Primary and alternate citizen PARB members shall be appointed by the Town Council pursuant to Town Council policies and procedures. B. Preference shall be given to applicants who have human resources and/or personnel management experience. C. Citizen PARB members shall not be members of any other Town boards, commissions or committees. Section 5-7-3 Election of Employee PARB Members A. Primary and alternate employee PARB members shall be chosen via aTown-wide employee election administered by the Human Resources Director. B. Employees interested in serving on the PARB shall submit their names to the Human Resources Director in the manner prescribed by the Human Resources Director for inclusion on election ballots. C. Employees who have been the subject of a disciplinary action of suspension without pay, demotion or reduction in pay, which. has either been upheld on appeal or not appealed, within two years of any PARB election are not eligible to serve on the PARB and shall be disqualified from inclusion on the ballot. D. Department Heads and employees in the Town Manager's Office, the Human Resources Department and the Legal Department are not eligible to serve on the PARB and shall be disqualified from inclusion on the ballot. • EXHIBIT A 29 Council Meeting -May 5, 2009 -Page 228 of 297 MARANA :~~/I\ tOWN Of MARANA Chapter 5 WORK RULES E. To ensure a representative cross-section of employees from all Town departments, no department shall have more than one employee on the PARB as either a primary member or an alternate member. F. The three employees who receive the highest number of votes shall be elected as the primary employee PARB members and the three employees who receive the next highest number of votes shall be elected as the alternate employee PARB members, unless any of the six employees are employed by the same Town department. In such a case, the Human Resources Director shall select the next highest vote recipient that is not employed by the same department as any of the other top vote recipients to serve on the PARE. The Human Resource Director shall proceed in this manner as necessary until the three primary employee PARB members and the three alternate employee PARB members are from six different Town departments. G. The Human Resources Director shall maintain until the next PARB election an election list consisting of the names of employees who submitted for PARB consideration, the employees' departments and the number of votes the employees received. If any of the six employee PARB members must be permanently replaced, the replacement shall be determined by consulting the election list and proceeding as directed in this policy. H. If any employee is disqualified from serving on the PARB solely because another employee from the same department received a higher number of votes, that employee shall remain on the election list until the next PARE election. Section 5-7-4 PARB Member Orientation Upon the election and/or appointment of any new PARB member(s), the Human Resources Director shall schedule and conduct an orientation session. The purpose of the orientation session shall be to familiarize the PARB members with these Personnel Policies and Procedures and with their roles and responsibilities as PARB members. Section 5-7-5 PARB Member Terms A. Primary and alternate citizen PARB members shall serve terms of three years. B. Primary and alternate employee PARB members elected during the first PARB election held after adoption of this policy shall serve a term of one year. Thereafter, primary and alternate employee PARB members shall serve terms of three years. C. No primary or alternate citizen PARB member shall serve on the PARB for more than six years. EXHIBIT A 30 • • Council Meeting -May 5, 2009 -Page 229 of 297 ~~~~ MARANA TOWN OF MARANA Chapter 5 WORK RULES D. No primary or alternate employee PARB member shall serve on the PARB for more than seven years. Section 5-7-6 Removal of PARE Member For Cause Notwithstanding the PARB member terms set forth in this policy, the Town Council, by a majority vote of its members constituting a quorum, may remove any PARB member, citizen or employee, primary member or alternate, for cause. The Human Resources Director shall be responsible for bringing any for cause removal of a PARB member to the Town Council for its consideration. Section 5-7-7 Replacement of PARB Members If it becomes necessary to permanently replace a primary or alternate PARB member at any time due to voluntary resignation, removal for cause or the termination of the employment of an employee PARB member, the Human Resources Director shall ensure that an appropriate replacement is selected in accordance with this policy. At all times, the three primary employee PARB members and the three alternate employee PARB members shall be from six different Town departments. The ratio of three employee PARB members to two citizen PARB members shall also be maintained. Section 5-7-8 Appeal Hearings A. A primary PARB member shall be disqualified from serving on the PARB for a specific appeal hearing under any of the following circumstances: 1. The PARB member is a witness to or is otherwise personally involved in the matter on appeal to the PARB. 2. The PARB member is related either by blood or marriage to, or has a similar personal relationship or friendship with, the appealing employee, the appealing employee's supervisor, the appealing employee's Department Head, either party's representative or any person listed as a witness by either party. 3. The PARB member is employed by the same department as the appealing employee. 4. The PARB member is the subject of a disciplinary action of suspension without pay, demotion or reduction in pay which is currently under either informal or formal review. • Council Meeting -May 5, 2009 -Page 230 of 297 EXHIBIT A 31 r_-rL~~\ MARANA :^"ti/~~ TOWN OF MARANA Chapter 5 WORK RULES B. The Human Resources Director shall, in conjunction with the PARB Chairperson, make a determination as to whether a PARB member shall be disqualified for a specific appeal hearing. C. A PARB member may request to be excused from serving on the PARB for a specific appeal hearing due to extenuating personal circumstances or unavailability. The PARB member shall submit such a request to the Human Resources Director who shall, in conjunction with the PARB Chairperson, make a determination as to whether the PARB member shall be excused for the appeal hearing in question. D. If a PARB member is disqualified or excused from an appeal hearing, that disqualification or excuse shall only apply to the specific appeal hearing in question. E. If a PARB member is disqualified or excused from an appeal hearing, an alternate PARE member shall serve for that appeal hearing. F. The ratio of three employee PARB members to two citizen PARB members shall be maintained for all appeal hearings. If a primary citizen PARB member is disqualified or excused from an appeal hearing, an alternate citizen PARB member shall be selected to serve for that appeal hearing. If a primary employee PARB member is disqualified or excused from an appeal hearing, an alternate employee PARB member shall be selected to serve for that appeal hearing. G. Alternate PARB members shall be subject to disqualification in the same manner as primary PARE members as described in this policy. Alternate PARB members may also request to be excused from serving in the same manner as primary PARB members as described in this policy. If more than one alternate PARB member is eligible to serve on a specific appeal hearing, the alternate PARB member who will serve for the appeal hearing shall be selected at random in a process prescribed by the Human Resources Director. H. The five PARB members designated to serve for a specific appeal hearing shall serve for that entire appeal hearing. Section 5-7-9 Special Election of Employee PARB Members If at any time there is an insufficient number of eligible employee PARB Members to conduct an appeal hearing, the Human Resources Director shall administer a special election to ensure appropriate representation on the PARB as described in this policy. EXHIBIT A 32 • J Council Meeting -May 5, 2009 -Page 231 of 297 rt-L' MARANA .~./I\ rowa of nnnao:Nn Chapter 5 WORK RULES Section 5-7-10 Special Appointment of Citizen PARB Members If at any time there is an insufficient number of eligible citizen PARB members to conduct an appeal hearing, the Town Council may appoint pro-tem members as needed to ensure appropriate representation on the PARB as described in this policy. Section 5-7-11 Voluntary Capacity All PARB Members serve in a voluntary capacity. Employee PARB Members shall receive only their regular pay and benefits while engaged in official PARB activities. Employee PARB Members shall not receive additional compensation from the Town for their activities with the PARB, nor are they eligible for additional benefits as a result of their PARB activities. Citizen PARB .Members shall not be compensated nor shall they receive any benefits from the Town for their service on the PARB. Section 5-7-12 Meetings of the PARE A. The PARB may hold regular meetings at its discretion, but shall meet at least once annually at such time and place within the Town as is designated by the PARB Chairperson in conjunction with the Human Resources Director. B. The PARB may hold special meetings upon the call of the Chairperson or a majority of the members of the PARB. C. The Human Resources Director shall act as secretary to the PARB, shall keep its minutes and records of its work and shall assist the PARB in scheduling meetings and hearings. The Human Resources Director shall provide staff as needed to assist the PARB with any administrative tasks and to carry out its meeting functions. D. A majority of the primary members of the PARB shall constitute a quorum for the transaction of business. Any decision of the PARB shall require the majority vote of the members constituting a quorum of the PARB. E. Meetings, including appeal hearings, shall be properly noticed .and conducted in accordance with Arizona's open meeting laws, A.R.S. § 38-431 et seq., and such operational rules and procedures as shall be adopted by the PARB. F. Meetings, including appeal hearings, shall be recorded and accurate minutes, prepared to comply with the requirements of the open meeting law, shall be approved by the PARB and forwarded to the Town Clerk. Minutes of executive sessions shall be maintained confidentially and shall be disclosed only in compliance with the open meeting law. EXHIBIT A 33 Council Meeting -May 5, 2009 -Page 232 of 297 "f~ MARANA .~^^.~/ 1 TOWN Of MARgNA Chapter 5 WORK RULES G. The PARB may be assisted by the PARB attorney at any meeting of the PARB. EXHIBIT A 34 • • • Council Meeting -May 5, 2009 -Page 233 of 297 ~~~ MARARIA .~ /I\ TOWN OF MARANA Chapter 5 WORK RULES Policy 5-8 INFORMAL PERSONNEL ACTION REVIEW PROCEDURES Section 5-8-1 Purpose The Town of Marana provides informal personnel action review procedures as a means to ensure that all employees receive fair and equitable treatment and have recourse to seek review of disciplinary actions that are not subject to formal personnel action review. Section 5-8-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these .Personnel Policies and Procedures. • Section 5-8-3 Sole Remedy This policy is the sole and exclusive internal remedy available to employees for resolving disciplinary actions that are not subject to formal personnel action review. Section 5-8-4 Disciplinary Actions Subject to Informal Personnel Action Review Only the following disciplinary actions shall be subject to informal personnel action review under this policy: A. Verbal reprimands B. Written reprimands C. Suspensions without pay for 40 hours or less in a rolling 12-month period. Section 5-8-5 Informal Personnel Action Review Steps A. Step One 1. To request review of a disciplinary action that is subject to informal review under this policy, the employee must file a written request for review with the supervisor who issued the discipline within ten business days of the date the employee receives notice of the disciplinary action. EXHIBIT A 35 filar Council Meeting -May 5, 2009 -Page 234 of 297 Reg r_ r~~,\ MARANA 11\ TfiWN OF MARANA Chapter 5 WORK RULES 2. The request for review shall be on a form provided by the Human Resources Department. 3. Within five business days of the supervisor's receipt of the employee's request for review, the supervisor shall provide a written response to the employee on the form provided. 4. If the Department Head is the supervisor who issued the disciplinary action, then the informal review process ends at this step. The Department Head's decision is final. B. Step Two If the procedure in Step One does not resolve the issue to the employee's satisfaction and does not involve a final decision of the Department Head, the employee may request review of the disciplinary action by filing the written request for review, on the form provided, with the next level manager, if any. The employee must file the request for review within five business days of receipt of the supervisor's written response. The request for review must include a written response to the supervisor's comments, indicating the areas of disagreement with the supervisor's comments and a proposed solution. 2. Within five business days of the manager's receipt of the employee's request for review, the manager shall provide a written response to the employee on the form provided. 3. If there is no next level manager between the supervisor issuing the discipline and the Department Head, the employee may proceed directly to Step Three. C. Step Three 1. If the procedure in Step Two does not resolve the issue to the employee's satisfaction, the employee may request review of the disciplinary action by filing the written request for review, on the form provided, with the Department Head. The employee must file the request for review within five business days of receipt of the manager's written response. The request for review must include a written response to the manager's comments, indicating the areas of disagreement with the manager's comments and a proposed solution. 2. Within five business days of the Department Head's receipt of the employee's request for review, the Department Head shall provide a written response to the employee on the form provided. EXHIBIT A 36 filar Council Meeting -May 5, 2009 -Page 235 of 297 Reg • • • ~~~ MARANA .~/I\ TOWN OF MARANA Chapter 5 WORK RULES 3. All decisions of the Department Head pursuant to this policy are final and not appealable within any Town process. Section 5-8-6 General Rules A. In the absence of good cause, the employee's failure to timely pursue any step in the review process shall result in the termination of the review process and the employment action shall stand. B. If a supervisor or manager does not respond to the employee within the time allotted by this policy, the employee may proceed to the next step in the process. • C. No discipline, retaliation, or threats of retaliation shall be taken against any employee as a result of the employee's participation in this review process. Such discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up to and including termination. D. Disciplinary actions subject to informal personnel action review may be resolved or settled at any step in the process. The request for informal personnel action review shall be processed until either the employee is satisfied, the employee does not file a timely appeal, as defined in this policy, or a decision has been made in the final step. E. Upon reversal of the decision at any step in the informal personnel action review process, the successful employee may recover any wage and/or benefits losses incurred, from the effective date of the disciplinary action pursuant to the provisions of this policy. F. The employee may have anon-attorney co-worker of the employee's choosing as a representative at any step in the review process. The co-worker may not speak on behalf of the employee and may only participate as an observer. The employee shall be permitted reasonable breaks of limited duration during any step in the review process to consult with the co-worker or others who are immediately available, telephonically or otherwise. EXHIBIT A 37 r Council Meeting -May 5, 2009 -Page 236 of 297 ,-r"~~ ARANA .~/ I 1 rowN of an,ow.Nn Chapter 5 WORK RULES r~ u Reg EXHIBIT A 38 lar Council Meeting -May 5, 2009 -Page 237 of 297 • e-~r~ MARANA /I\ tOWN OF MARANA Chapter 5 WORK RULES Policy 5-1 HOURS OF WORK An employee is expected to work the days and hours necessary to perform all assigned responsibilities and tasks in order to provide continuity of services to citizens and to facilitate teamwork and supervision. Attendance is an essential function of every Town position and shall be a consideration in determining promotions, transfers, satisfactory completion of performance periods and continued employment with the Town. Section 5-1-1 Normal Work Week and Work Hours A. The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. A work week generally begins every Saturday at 12:01 a.m, and ends the following Friday at 12:00 midnight. The Town Manager or Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. B. Most full-time employees will work during the core business hours of the Town, from 8:00 a.m. to 5:00 p.m. Monday through Friday, with one unpaid meal break each day. Normal work schedules may be adjusted as provided within these policies and/or with the approval of the Town Manager or designee. C. Modifications to the Town's normal core business hours may be made, subject to any federal or State statutory or constitutional limitations relating to hours of work. Section 5-1-2 Alternative or Flexible Work Schedules A. The Town Manager may establish alternative or flexible work schedules, but at no time shall those schedules interfere with the normal operations of the Town government. B. Individuals with a medical need for an alternative or flexible work schedule should contact the Human Resources Department. .Any arrangements shall be governed by these Personnel Policies and Procedures. C. Daily and weekly work schedules, including alternative or flexible work schedules, may be changed from time to time at the discretion of the Town to meet varying work conditions. Changes in work schedules will be announced as far in advance as practicable. Section 5-1-3 Absences and Tardiness A. Advance notice of all absences is expected. Employees shall provide notice of scheduled absences as far in advance of the absence as possible and no later than 24 hours before the absence. Employees shall provide notice of unscheduled absences EXHIBIT A 1 Reg lar Council Meeting -May 5, 2009 -Page 238 of 297 -r'~~ MARNA ~~ /I\ TOWN Of MARANA Chapter 5 WORK RULES within one-half hour before the scheduled start of their work day, unless other notice requirements are established by written departmental standard operating procedures. If the employee is physically unable to notify his or her supervisor within the time frame required by this policy, the employee shall provide notice as soon as possible. If applicable, the supervisor may request medical verification of an employee's incapacitation, from a licensed health care provider as provided in Policy 4-2 of these Personnel Policies and Procedures. B. Advance notice of anticipated tardiness is expected. Employees shall provide notice of anticipated tardiness as far in advance of the tardiness as possible and no later than 24 hours before the tardiness. Employees shall provide notice of unanticipated tardiness as soon as possible. The employee's supervisor shall determine if work time lost due to tardiness may be made up by the employee or if the employee will be required to use accrued leave balances or take leave without pay. If authorized by the employee's supervisor, the employee may make up work time lost due to tardiness only during the work week in which it occurs. C. Notification of an unscheduled absence or tardiness by another employee, friend or relative is not considered proper except in an emergency situation where the employee is physically unable to make the notification. D. Departments are responsible for establishing procedures for employee notification of unscheduled absences or tardiness. Generally, unless provided otherwise by a department procedure, employees are expected to speak with their direct supervisor regarding an unscheduled absence or tardiness within the time-frames provided by this policy. E. Poor attendance and frequent tardiness are disruptive to the provision of Town services and may lead to disciplinary action, up to and including termination of employment. Section-5-1 -4 Meal Breaks and Rest Breaks A. Town employees who are considered non-exempt under the Fair Labor Standards Act (ELBA) and who work a regular 8-hour work day will receive a minimum of one 30-minute unpaid meal break. The duration of meal breaks shall be determined by the Department Head in order to avoid overtime whenever possible. Meal breaks shall not be taken at the beginning or end of a work shift and cannot be combined with paid rest breaks. B. Town employees who are considered non-exempt under the Fair Labor Standards Act (ELBA) and who work a regular 8-hour work day may be granted paid rest breaks of short duration, from five to 20 minutes. Work demands may preclude the granting of a rest break; therefore, rest breaks shall be granted at the sole discretion of the EXHIBIT A 2 • lar Council Meeting -May 5, 2009 -Page 239 of 297 r-~' ~"~~ MARANA :'~1 I \ TOWN OP MARANA Chapter 5 WORK RULES appropriate supervisor or Department Head. Rest breaks shall not be taken at the beginning or end of a work shift and cannot be combined with meal breaks. Policy 5-2 PERSONNEL FILES The Human Resources Department maintains an official personnel file and a separate medical file on each employee. The personnel file contains documentation regarding all aspects of the employee's tenure with the Town, such as employment history, performance appraisals, and disciplinary action notices. The medical file contains documentation such as employee benefits elections and medical leave information. Section 5-2-1 Official Personnel Files A. The Human Resources Department is responsible for maintaining official personnel files and must approve materials for inclusion in personnel files. B. An employee may submit a written statement for inclusion in his/her official personnel file if he or she believes that any of the included materials requires correction and/or clarification. Section 5-2-2 Department Personnel Files A. The employee's current department may also maintain a personnel file regarding the employee's tenure with the department. If maintained, the department personnel file should contain the following items: 1. Name 2. Social Security Number 3. Emergency contact information 4. Personnel Action Forms and supporting documentation 5. Performance appraisal documents 6. Documents of all formal disciplinary actions and grievance/appeal actions not alleging discrimination 7. Outside employment documents 8. Employment application(s) 9. Employee time and leave records including leave request documents and time sheets EXHIBIT A 3 Council Meeting -May 5, 2009 -Page 240 of 297 t~~,~ MARANA .~ /~\ TOWN OF MARA.NA Chapter 5 WORK RULES 10. Education reimbursement application forms B. Employees may provide work-related documents, such as letters of commendation, school transcripts, and updated resumes for inclusion in the department personnel file. C. Each department should also maintain copies of the non-medical portions of risk management files related to worker's compensation reports and supervisor's copies of accident/injury reports. D. Department personnel files shall be relocated to the receiving department upon employee transfer. The transferring department may retain only the following information: 1. Name 2. Address 3. Social Security Number 4. Personnel Action Forms and supporting documentation E. As a general rule, departments shall maintain only the employee records listed in this section in department personnel files. Questions regarding the contents of department personnel files should be referred to the Human Resources Director. For the purpose of employee performance evaluations and pending disciplinary actions, notations related to identified performance factors may be placed in a supervisory working file provided the performance issue has been discussed with the employee and the notations are removed after the performance evaluation or discipline has been issued and is final. Section 5-2-3 Access to Personnel Files A. Official and department personnel files and employment records shall be kept confidential except as required by law. During the normal course of employment, only the following individuals shall be permitted access to personnel files and employment records: 1. Personnel within the Human Resources Department 2. The Town Manager or designated administrator 3. The Town Attorney or designated attorney EXHIBIT A 4 • • Council Meeting -May 5, 2009 -Page 241 of 297 • ~~~ MARANA ~^~'/I\ TOWN OK MARANA Chapter 5 WORK RULES 4. The employee or the employee's designated representative who has written authorization from the employee 5. State and federal auditors or law enforcement authorities in the course of their duty, when required, and only after presentation of proper identification and notification of audit or investigation 6. The employee's current or prospective Department Head or designee . B. Access to official and department personnel files under this section shall only be permitted during normal working hours and for appropriate business purposes. Section 5-2-4 Updating Personnel Files A. Department Heads are responsible for forwarding documents to the Human Resources Department for inclusion in the official personnel files of those employees assigned to their department. • B. To ensure that personnel files are up-to-date at all times, employees should notify their supervisor or the Human Resources Department of any changes in name, telephone number, home address, marital status, number of dependents, beneficiary designation, scholastic achievements, emergency contacts and other similar information. C. Employees may inspect their official personnel file to ensure accuracy and completeness of the file. A Human Resources Department representative must be present when a file is reviewed. Section 5-2-5 Records Release A. Personnel files and employment records of public employees are considered public records. Upon receipt of a proper public records request, records that are not made confidential by law may be released to the extent required by Arizona's public records law, A.R.S. § 39-121 et seq. B. Employee names, dates of service, positions held, and compensation may be released without legal inquiry. C. In the absence of a public records request, other information contained in an employee's personnel file will only be released with the express written permission of the employee. Section 5-2-6 Records Retention A. An employee's personnel and department personnel files shall be retained in accordance with the Town's records retention and disposition schedule as approved by EXHIBIT A 5 Reg lar Council Meeting -May 5, 2009 -Page 242 of 297 ~~~\ MARANA .~ /~~ TOWN OF MARANA Chapter 5 WORK RULES the Arizona State Library, Archives and Public Records department or in accordance with federal law, whichever requires a longer period of retention. During this retention period, nothing will be removed from the personnel file. B. The employee's name, position held, dates of service, compensation, and reason for separation will be retained indefinitely. EXHIBIT A 6 • • • Council Meeting -May 5, 2009 -Page 243 of 297 • • fr~~=,\ MARANA :^^/I\ TOWN OF MARANA Chapter 5 WORK RULES Policy 5-3 PERSONAL APPEARANCE Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the organizational image the Town of Marana presents to the general public. During business hours, employees are expected to present a clean and neat appearance and to dress according to the requirements of their positions. Department Heads are responsible for determining and enforcing the dress code for their respective areas of responsibility. Reg Section 5-3-1 Acceptable Attire Because of the changing nature of fashion, regulations pertaining to acceptable employee attire and grooming are flexible. There are, however, certain expected norms of professional appearance, of personal neatness, cleanliness and good grooming that are applicable to all employees. Section 5-3-2 Unacceptable Attire The Town of Marana reserves the right to advise any employee at any time that his or her grooming, attire or appearance is unacceptable. After having been so advised, the employee shall make any changes required by his or her supervisor. Failure to do so will result in the employee's suspension without pay until corrective action by the employee is taken. Repeated lack of compliance may result in further disciplinary action, up to and including discharge. Section 5-3-3 Uniforms A. Employees who are required to wear a uniform of any type in the performance of their duties will be provided a uniform by the Town. B. The Town may engage a uniform service company for laundering of uniforms. Laundering, cleaning and general upkeep of uniforms is the responsibility of each employee, whether the employee chooses to use the uniform service company or to self-wash uniforms. C. Employees should be aware that the furnishing of uniforms and maintenance or replacement allowance, if any, may, under certain circumstances, be considered a taxable benefit. D. Upon leaving the employment of the Town, uniforms are to be returned to the department according to departmental guidelines. EXHIBIT A 7 filar Council Meeting -May 5, 2009 -Page 244 of 297 MARANA .~ /1\ TOWN OF MAR4NA Chapter 5 WORK RULES Policy 5-4 USE OF COMMUNICATIONS SYSTEMS AND EQUIPMENT Electronic Mail (e-mail), voice-mail, telephone, on-line subscriber services and the Internet are all information management and communications tools that are important parts of the way that the Town of Marana does business. Employees shall use these systems and associated equipment in an appropriate manner at all times. Section 5-4-1 No Expectation of Privacy A. All electronic storage and communication systems and equipment (including without limitation facsimiles, copiers, computers, software and telephones) and all information transmitted by, received from or stored in these systems are the property of the Town. B. Employees should have no expectation of privacy regarding the use of these systems and equipment or the transmission, receipt or storage of information in these systems or equipment. C. The Town may monitor an employee's use of these systems and equipment at any time at its discretion. Such monitoring may include, but is not limited to, monitoring, tracking, and review of all employee communications including all information created, stored, and disseminated using the Town's computer, network and telephone systems and all information viewed, downloaded, copied, sent, or processed using the Town's computer, network and telephone systems. Section 5-4-2 Permitted Use The Town's communications systems and equipment shall be used primarily for Town business purposes associated with the performance of each employee's job. Any use of these systems for non-work related purposes beyond limited incidental use, is prohibited. Section 5-4-3 Prohibited Use Improper use of the Town's electronic storage and communications equipment is strictly prohibited. Improper use includes, but is not limited to, the following uses. A. Any communications which violate Town policy, including abusive, harassing, intimidating vulgar, obscene and offensive communications, communications that defame or libel others, and communications that infringe upon the privacy rights of others. EXHIBIT A 8 • • Council Meeting m May 5, 2009 v Page 245 of 297 • ~~~\ MARANA tOWN OF MARANA Chapter 5 WORK RULES B. Disparaging communications or jokes which are based on race, national origin, marital status, sex, sexual orientation, disability, age, religion, or any other characteristic protected under federal, state or local law. C. Communications of any copyrighted materials, trade secrets, proprietary information, or any other highly sensitive confidential information, except with management permission in the course of an employee's job. D. Solicitation of others for commercial ventures or religious, social or political causes. E. Accessing, viewing, downloading, copying or sending information that is illegal, sexually explicit or obscene. F. Using on-line services or the Internet to gamble or wager. G. Acts that damage, interfere with, or congest the Town's computer or network systems or intertere with the work of other employees. Section 5-4-4 Additional Employee Responsibilities A. Employees shall maintain the secrecy of all passwords, identification numbers, or other means of entry onto the Town's computer systems and networks. The Town is the holder of all passwords, identification numbers, and other means of entry and no employee will use a pass code or voice mail access code that is unknown to the Town or that is not expressly authorized by the Town. The Town Manager may establish administrative directives regarding the establishment and use of passwords. B. Employees shall cooperate with authorized Town officials in any investigation involving the Town's electronic communications systems. C. Employees may load outside files from an acceptable and known source onto the Town's computer system. Employees shall obtain approval from the Technology Services Department for all other outside files prior to loading such files in the Town's computer system. Section 5-4-5 Software Copyright The Town purchases and licenses various computer software for business purposes and does not own the copyright to this software or its related documentation. Employees may not reproduce such software or use it on more than one computer unless authorized to do so by the software license agreement. Employees with questions or concerns regarding the use of software or its related documentation should contact the Technology Services Department. EXHIBIT A 9 Council Meeting -May 5, 2009 -Page 246 of 297 ~~~\ MARANA /I~ TOWN OF MARANA Chapter 5 WORK RULES Section 5-4-6 Consequences of Prohibited Use Any violation of this policy may result in disciplinary action, up to and including termination of employment. EXHIBIT A 10 • • Council Meeting -May 5, 2009 -Page 247 of 297 ~~ MARANA .~ /I\ TOWN Of`MARANA Chapter 5 WORK RULES Policy 5-5 DISCIPLINE SYSTEM Each supervisor shall have the responsibility and authority, with the approval of the Department Head, to administer appropriate discipline to subordinates using a positive progressive discipline process as a corrective measure. Section 5-5-1 Progressive Discipline A. Progressive discipline is an employee disciplinary system that provides a graduated range of responses to employee pertormance or conduct problems. The Town's discipline system includes a series of increasingly severe disciplinary actions, ranging from verbal reprimand to termination. However, this does not mean that every step in the graduated range of disciplinary actions will occur in an ordered sequence in every case. • B. Progressive discipline is a general guideline for supervisors. The totality of the circumstances will dictate the appropriate level of discipline for each incident. Review of the particular facts and circumstances, such as the severity of the offense and an employee's disciplinary history, whether for the same type of offense or not, may indicate that more severe disciplinary measures, up to and including termination, are appropriate. C. All employees are subject to termination when, in the sole opinion of management, an employee's job performance or conduct threatens the well-being of the Town, its employees or its citizens, regardless of whether progressive discipline steps have been administered. Section 5-5-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Unclassified employees and other at-will employees shall be held to acceptable standards of employee pertormance and conduct and may be subject to discipline; however, unclassified employees and other at-will employees do not have the same due process rights as those afforded to regular full- and part-time classified employees by this policy and Policy 5-6. , • EXHIBIT A 11 Council Meeting -May 5, 2009 -Page 248 of 297 ~~ MARANA TOWN OF MARANA Chapter 5 WORK RULES Section 5-5-3 Types of Disciplinary Action A. Verbal Reprimand: A verbal notice to the employee regarding a performance or conduct problem. The verbal reprimand shall be given to the employee in a private meeting. The supervisor may have an appropriate witness present during this meeting. 2. The supervisor shall inform the employee that the supervisor is issuing a verbal reprimand, that the employee is being given an opportunity to correct the problem, and that if the problem is not corrected, the employee will be subject to more severe disciplinary action. 3. Notation of the verbal reprimand shall be provided to the employee and included in the employee's official personnel file. B. Written Reprimand: A written notice to the employee discussing a performance or conduct problem. A written reprimand may be issued if the initial measure of verbal reprimand was taken by the employee's supervisor, but did not correct the problem or if the infraction is severe enough to warrant a written reprimand as the first measure of discipline. The written reprimand shall be given to the employee and its contents shall be explained to the employee by the issuing supervisor in a private meeting. The supervisor may have an appropriate witness present during this meeting. 2. Written reprimands should normally be issued within ten business days after the occurrence of the action requiring discipline or within ten business days of completion of any investigation of the occurrence, whichever is later. 3. The original written reprimand shall be signed by the employee and placed in the employee's official personnel file. If the employee refuses to sign acknowledging receipt of the written reprimand, then the supervisor and one other witness shall note on the reprimand that the employee received a copy and refused to sign it. A copy of the written reprimand shall be given to the employee and included in the employee's department personnel file. C. Suspension Without Pay: Involuntary time off with loss of pay. A suspension without pay may be issued for serious improper conduct or performance issues or after lesser measures of discipline have been issued but have failed to correct the employee's behavior or performance. The number of days of suspension will depend on the severity of the infraction, but shall not exceed 15 working days. EXHIBIT A 12 • • • Council Meeting -May 5, 2009 -Page 249 of 297 C r-~~~ MARANA .~ /1\ TOWN OF NIARANA Chapter 5 WORK RULES D. Demotion: A reassignment to a lower position classification. A demotion may be issued for serious improper conduct and/or consistent inability to meet job pertormance expectations. Demotion shall occur when the employee is either unwilling or unable to pertorm the responsibilities of his or her position. Demotion is not a substitute for dismissal when dismissal is warranted. 1. Employees who fail to complete an initial evaluation period in a promotional position and who are restored to their former position under the provisions of these Personnel Policies and Procedures are not considered to have been disciplined with a demotion. Therefore, the provisions of this policy do not apply to such action and the action is not subject to appeal under the personnel action appeal procedures of this chapter. E. Reduction in Pay: A reassignment to lower pay within the same position classification. A reduction in pay may be issued for serious improper conduct, flagrant violations of rules and regulations and/or consistent inability to meet job performance expectations. A reduction in pay is considered to be a final behavior correction opportunity. 1. No change in classification occurs as a result of a reduction in pay 2. Employees who fail to complete an initial evaluation period in a promotional position and who are restored to their former position under the provisions of these Personnel Policies and Procedures are not considered to have been disciplined with a reduction in pay. Therefore, the provisions of this policy do not apply to such action and the action is not subject to appeal under the personnel action appeal procedures of this chapter. 3. Assignments, transfers or reassignments, including those to or from lead positions or special positions, are not considered a reduction in pay for purposes of these Personnel Policies and Procedures. F. Termination: The involuntary, permanent removal of an employee from employment with the Town. The terms "termination" and "discharge" are sometimes used interchangeably in these Personnel Policies and Procedures. Termination does not include a layoff as defined in these Personnel Policies and Procedures. Termination may occur due to serious insubordination, theft, illegal or destructive acts while on the job, flagrant violation of Town policy or any other reason deemed appropriate by the Town Manager. Termination may also occur after repeated offenses of a less serious nature or for consistent inability to meet job pertormance expectations, if the employee's conduct has been documented and appropriate pertormance- and conduct-related changes have not resulted from previous progressive disciplinary action. • Employees serving in an initial evaluation period either as a new hire or in a promotional position are at-will employees as defined in these Personnel Policies EXHIBIT A 13 Council Meeting -May 5, 2009 -Page 250 of 297 r~~\ MARANA .~ /I\ TOWN OF MARANA Chapter 5 WORK RULES and Procedures. As such, during the initial evaluation period, employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head after consultation with and approval by the Human Resources Director. The employee shall be notified in writing that he or she has failed to successfully complete the initial evaluation period. The decision to terminate employment during the initial evaluation period for either a new hire or an employee in a promotional position is not subject to appeal under the formal or informal personnel action review procedures set forth in this chapter. Section 5-5-4 Imposed Leave A. A Department Head may, after consultation with and approval by the Human Resources Director, place an employee on imposed leave with pay to remove an employee from the work site in order to allow the Town to investigate behavior that is suspected of being illegal, that is not in the best interests of the Town or that places other employees or citizens in jeopardy. Imposed leave shall ordinarily not exceed 21 calendar days. The Human Resources Director may authorize an extension when a comprehensive investigation will require more time to reach a conclusion. B. If the investigation reveals employee misconduct, disciplinary action commensurate with the nature of the offense shall be taken. Such disciplinary action may include recovery of salary and benefits paid during the imposed leave. C. If the investigation reveals no employee misconduct, the employee will be restored to duty and a letter of exoneration will be placed in the employee's official personnel file. Section 5-5-5 Grounds For Disciplinary Action A. A single serious infraction may result in termination. Such serious infractions include, but are not limited to, the following: Dishonesty, including intentionally giving false information, intentionally falsifying records or making false statements when applying for employment, lying to supervisors in connection with the employee's job; falsifying time sheets for payroll. 2. Discrimination or failure to abide by Equal Employment Opportunity regulations, including sexual or other harassment of a protected class. 3. Reporting to work under the influence of alcohol or drugs or using such substances while on Town property. 4. Theft or removal of Town money, merchandise or property, including property in the custody of the Town, without permission. EXHIBIT A 14 e • • lar Council Meeting -May 5, 2009 -Page 251 of 297 • MARANA .~ /I\ TOWN OF MARANA Chapter 5 WORK RULES 5. Possession of firearms, other weapons or explosives not authorized by the Town in Town facilities or while on Town business. 6. Conviction of a criminal offense. 7. Other reasons deemed valid by Town officials. B. Other grounds for disciplinary actions, up to and including termination, include, but are not limited to, the following: • • 1. Being absent from work without permission or failure to report to the supervisor or Department Head when one is absent. 2. Being habitually absent or tardy for any reason. 3. Failure to follow the orders of one's supervisor(s). 4. Inability or unwillingness to perform the assigned job; failure to perform assigned work in an efficient or effective manner. 5 Participation in prohibited political activities. 6 Acceptance of fees, gifts or other valuable items in the performance of the employee's official duties for the Town. 7. Any action, on or off the job, bringing discredit to the Town. 8. Violations of any of Town policies or ordinances or state or federal law. 9. Violating safety rules and regulations; being wasteful of material, property or working time; failure to observe proper security or safety procedures. 10. Two written reprimands or other disciplinary actions in a 24 consecutive month period. 11. Inability to get along with fellow employees so that the work being done is hindered and not up to required levels; speaking critically or making derogatory or false accusations so as to discredit other employees or supervisors. 12. The use of profanity or abusive language towards a fellow employee or member of the general public while pertorming official duties as a Town employee. 13. Abuse of sick leave privileges by reporting sick when not sick or obtaining sick leave pay falsely or under false pretenses. EXHIBIT A 15 Council Meeting -May 5, 2009 -Page 252 of 297 ~~~ MARANA ~~:""/I\ 10WN OF NIARANA Chapter 5 WORK RULES 14. Divulging or misusing confidential information, including removal from Town premises without proper authorization of any employee lists, records, designs, drawings or confidential information of any type. 15. Improper use of the Town's electronic storage and communications equipment, as set forth in these Personnel Policies and Procedures and any administrative directives established by the Town Manager. 16. Such other act, error or omission detrimental to the mission of the Town. 17. Other reasons deemed valid by Town officials. Section 5-5-6 Notice to Employee A. An employee to whom this policy applies, as set forth in Section 5-5-2, shall receive 24-hour written notice whenever the Town intends to take a disciplinary action resulting in termination, reduction in pay, demotion or suspension without pay. B. Notice under this section is not required for other types of actions including, but not limited to, verbal reprimands, written reprimands, imposed leave, layoffs, assignments, transfers or reassignments, including those to or from lead positions or special positions. Notice under this section is also not required for those employees to whom this policy does not apply, as set forth in Section 5-5-2. C. The notice required under this section shall provide the following information: 1. Notice of the intended disciplinary action and the proposed date of implementation. 2. The reasons for the action. 3. The date and time, not less than 24 hours after the notice is given to the employee, of apre-action meeting at which the employee may respond, verbally or in writing, to the written notice of intended disciplinary action. D. The original notice of intended disciplinary action shall be signed by the employee and placed in the employee's official personnel file. If the employee refuses to sign acknowledging receipt of the notice, then the supervisor and one other witness shall note on the notice that the employee received a copy and refused to sign it. A copy of the notice shall be given to the employee and included in the employee's department personnel file. E. Once an employee has been provided the notice required under this section, the employee may be placed on imposed leave under Section 5-5-4 pending the pre-action meeting. EXHIBIT A 16 • • Council Meeting -May 5, 2009 ~ Page 253 of 297 ~~_;\ MARANA ti~ 11 \ TOWN OF MARANA Chapter 5 WORK RULES Section 5-5-7 Pre-Action Meeting A. The pre-action meeting is a meeting between the employee, the supervisor proposing .the discipline and the Department Head. The purpose of the meeting is to give the employee the opportunity to respond, verbally or in writing, to the written notice of intended disciplinary action. B. The employee may have anon-attorney co-worker of the employee's choosing .present during the pre-action meeting. The co-worker may not speak on behalf of the employee and may only participate as an observer. The employee shall be permitted reasonable breaks of limited duration during the pre-action meeting to consult with the co-worker or others who are immediately available, telephonically or otherwise. C. Any relevant information presented by the employee during the pre-action meeting regarding the proposed disciplinary action shall be considered by the supervisor and the Department Head. • D. Failure by the employee either to attend the pre-action meeting or to timely submit a written response to the notice of intended disciplinary action shall be deemed a waiver of the employee's right to do so and the proposed disciplinary action shall be implemented as written. Section 5-5-8 Disciplinary Decision After the pre-action meeting, the Department Head shall advise the employee in writing of the decision regarding the imposition of discipline. This decision will normally occur within ten business days of the pre-action meeting. The Human Resources Director may authorize an extension with good cause shown by the Department Head. A copy of the written disciplinary decision shall be included in the employee's official personnel file. EXHIBIT A 17 Council Meeting -May 5, 2009 -Page 254 of 297 ~rL'.~ MARANA .~ /i\ TOWN OF MARANA Chapter 5 WORK RULES Policy 5-6 FORMAL PERSONNEL ACTION REVIEW PROCEDURES Section 5-6-1 Purpose The Town of Marana provides formal personnel action review procedures as a means to ensure that employees receive fair and equitable treatment and to provide an orderly procedure for resolving disciplinary actions that are subject to formal appeal. Section 5-6-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Section 5-6-3 Sole Remedy This policy is the sole and .exclusive internal remedy available to employees for resolving disciplinary actions that are subject to formal personnel action review, except that employees that are subject to the provisions of the memorandum of understanding between the Town of Marana and a designated public safety employee organization may have additional remedies under that MOU. Section 5-6-4 Disciplinary Actions Subject to Formal Personnel Action Review Only the following disciplinary actions shall be subject to formal personnel action review under this policy: A. Termination B. Reduction in pay C. Demotion D. Suspension without pay for more than 40 hours in a rolling 12-month period. Section 5-6-5 Employment Actions Not Subject to Formal Personnel Action Review Only the disciplinary actions specifically listed in Section 5-6-4 are subject to formal personnel action review under this policy. All other employment actions are not subject to EXHIBIT A 18 • • • Council Meeting -May 5, 2009 -Page 255 of 297 • ~~^~ MARANA :`:`/I\ TOWN OF MARP.NA Chapter 5 WORK RULES formal personnel action review. The following is an illustrative, but not exhaustive, list of employment actions that are not subject to formal personnel action review under this policy. A. Verbal reprimands, written reprimands and suspensions without pay for 40 hours or less in a rolling 12-month period. B. Termination during the initial evaluation period for either a new hire or an employee in a promotional position. C. Placement of an employee in, or the content or the structure of, the Town's classification plan. D. Placement of an employee in, or the content or structure of, the Town's salary plan. E. The content or structure of the Town's benefits programs. F. An employee's performance evaluation. G. Extension of an evaluation period. H. Assignments, promotions, transfers or reassignments, including those to or from lead positions or special positions. I. Municipal finance or budgetary issues. J. Layoffs. Section 5-6-6 Appeal to the Personnel Action Review Board (PARB) A. To request formal appeal to the Town's Personnel Action Review Board (PARB), the employee must file a written appeal with the Human Resources Director within ten business days after the employee's receipt of a written disciplinary decision that is subject to formal appeal. B. The appeal shall be on a form provided by the Human Resources Department. C. Upon receipt of the employee's written appeal of a disciplinary decision that is subject to formal appeal, the Human Resources Director shall provide a copy of the appeal to the Town Manager, the Legal Department, the employee's Department Head and the PARB, by and through the PARB Chairperson. • D. If the Human Resources Director determines that the employment action is not subject to formal appeal under this policy, the Director shall so inform the employee in writing within five business days of receiving the employee's request for appeal. Council Meeting -May 5, 2009 -Page 256 of 297 EXHIBIT A 19 MARANA .~`~/ I \ TOWN OF MARANA Chapter 5 WORK RULES Section 5-6-7 Scheduling of Hearing A. Within 20 business days of the Human Resources Director's receipt of the employee's written appeal, the PARB, or the Human Resources Director in conjunction with the PARB Chairperson, shall set a date for a hearing. B. The hearing should take place within 60 business days of the Human Resources Director's receipt of the employee's written appeal, unless the time is extended by the PARB, or unless the PARB is unable to hear the appeal within that time, or for other good cause. C. In no event shall the hearing take place later than one year from the date the Human Resources Director receives the employee's written appeal. D. Hearings shall be conducted at a mutually agreed upon time and place that affords a fair and reasonable opportunity for all persons entitled to be present to attend. Section 5-6-8 Notice of Hearing A. The Chairperson of the PARB, or the Human Resources Director at the direction of the PARB Chairperson, shall give written notice to the appealing employee and to the Town of the date, time and location of the hearing. B. The appealing employee's notice shall include appropriate notification of any potential executive session under A.R.S. § 38-431.03(A)(1). C. The notice of hearing shall be provided to the parties at least 15 business days before the scheduled hearing. Section 5-6-9 Pre-Hearing Exchange of Information A. Within ten business days before the hearing, the Town and the appealing employee shall disclose to each other a list of the witnesses each anticipates calling at the hearing and any documents each anticipates presenting to the PARB that have not previously been disclosed. B. Within ten business days before the hearing, the Town and the appealing employee shall also disclose to each other the names, work addresses, and work telephone numbers of any individuals who will be acting as representatives for either party. C. Either party may request to interview the other party's witnesses prior to the hearing. Witnesses listed by either party may decide. whether they wish to be interviewed prior to the hearing at their own discretion. Neither the Town nor the appealing employee shall EXHIBIT A 20 • • • Council Meeting -May 5, 2009 -Page 257 of 297 • ~~~\ MARANA .~ /~\ TOWN OF MARANA Chapter 5 WORK RULES interfere with any decision of a witness regarding whether to be interviewed prior to the hearing. D. The parties shall also comply with the provisions of A.R.S. § 38-1101 where applicable. Section 5-6-10 Town Employee Witnesses A. A Town employee who is listed as a witness by either party and who has been notified in writing of the date, time and location of the hearing and of his or her scheduled testimony, shall appear at the hearing as directed. An employee's intentional and willful failure to appear as directed will result in disciplinary action, up to and including termination. ~J B. The supervisor and/or Department Head of a Town employee directed to appear at a hearing as a witness shall allow the employee to attend the hearing as directed. A supervisor or Department Head who intentionally and willfully fails to allow an employee to attend a hearing pursuant to this policy shall be subject to disciplinary action, up to and including termination. C. Neither -party shall be required to issue a formal subpoena to a Town employee who is listed as a witness. Written notice to the employee is sufficient to require the employee to appear. Section 5-6-11 Subpoenas Pursuant to A.R.S. § 12-2212, any member of the PARB may issue subpoenas to compel the attendance of witnesses and/or the production of documentary evidence. If any person fails to appear and/or produce a document in response to a duly issued subpoena, any member of the PARB may, by affidavit setting forth the facts, apply to the Superior Court for relief. Section 5-6-12 Hearings before the PARB A. General Rules 1. The appealing employee shall appear personally before the PARB at the time and place of the hearing, unless the employee is physically unable to do so. 2. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. • 3. The appealing employee may be represented by any person or attorney (other than a PARB Member or a Town employee) who is willing to represent the employee and who is not a witness or otherwise involved in the matter. EXHIBIT A 2] Council Meeting -May 5, 2009 -Page 258 of 297 ~~~~\ MARANA TOWN OF MARANA Chapter 5 WORK RULES 4. The Town may also be represented by an attorney or other representative acting on the Town's behalf. 5. The PARB may be assisted by an attorney who is acceptable to the Town. The PARB attorney will remain the same through individual appeals. The Town and the PARB shall be represented by separate attorneys. 6. The parties are individually responsible for their own attorney's fees, except that a law enforcement officer, as defined in A.R.S. § 38-1001(4), may request reasonable costs and attorney's fees under the provisions of A.R.S. § 38-1004(C), 7. Each party may call witnesses who were disclosed to the other party pursuant to this policy and who are believed to be relevant. Each party is responsible for securing the attendance of his or her own witnesses. The Town will make Town employees available for the hearing, if the identity of the Town employee/witness is timely disclosed pursuant to this policy. 8. In the absence of good cause, no witnesses or documents shall be considered by the PARB that were not disclosed during the pre-hearing exchange of information unless the party offering the evidence can show that the evidence was newly discovered and could not have been timely discovered and disclosed in the exercise of reasonable diligence, that the evidence was promptly disclosed when discovered, and that the evidence is crucial. 9. The PARB may, at its discretion, exclude certain witnesses or documents even if timely disclosed if it finds such evidence to be irrelevant, cumulative, redundant, or overly inflammatory. 10. The hearing shall be limited to the specific cause(s) of the disciplinary action giving rise to the appeal 11. The Town bears the burden of demonstrating just cause for the disciplinary action by a preponderance of the evidence. 12. The hearing shall be recorded by audio or video recorder, or by other mechanical or electronic means and/or by a court reporter. 13. The cost of a copy or copies of any transcription of the hearing, including preparation of the transcript, shall be paid by the party or parties ordering the copy or copies. 14. The appealing employee may submit a written request to the Human Resources Director to withdraw the appeal at any time prior to the decision by the PARB. EXHIBIT A 22 • • Council Meeting -May 5, 2009 -Page 259 of 297 ~~~ MARANA TOWN OF MARANA Chapter 5 WORK RULES B. General Conduct of the Hearing The Chairperson shall call the hearing to order, introduce all parties, summarize the issues and relief requested, outline the hearing sequence, and swear in all witnesses. 2. The hearing shall take place in a public meeting unless a majority of the members constituting a .quorum of the PARB publicly vote to hold the hearing in executive session pursuant to A.R.S. § 38-431.03(A)(1). 3. The hearing shall take place in a public meeting if the appealing employee, upon receiving appropriate notice pursuant to A.R.S. § 38-431.03(A)(1) of the potential executive session, demands in writing that the hearing take place in public. 4. If the hearing takes place in a public meeting, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, hold an executive session at any time for the purposes listed in A.R.S. § 38-431.03(A)(1), (2) and/or (3). • 5. The hearing is informal and the technical rules of evidence shall not apply. The Chairperson shall preside over the hearing in such a manner as will best ensure the receipt of reliable evidence and fairness for the parties within the general guidelines of these procedures. The Chairperson shall maintain appropriate decorum throughout the conduct of the hearing. The decisions of the Chairperson on the conduct of the hearing shall be final, unless overruled by a majority of the members constituting a quorum of the PARB. 6. If the hearing is held in a public meeting, the PARB may, and at the request of either party shall, exclude prospective witnesses from the hearing during opening statements and the testimony of other witnesses. If witnesses are excluded from the hearing under this paragraph, the Chairperson shall also direct the witnesses not to communicate with each other until the closing arguments of both parties have concluded. 7. If the hearing is held in executive session, attendance at the hearing is limited to the appealing employee, the responsible Department Head or designee (who may be the supervisor who is directly involved in the matter), each party's attorney or representative, the PARB members, the attorney for the PARB, any Human Resources Department staff needed to assist the PARB with administrative tasks, and each witness during his or her testimony. The Chairperson shall instruct each person present at the executive session that discussions and testimony made at executive session shall be kept confidential. C. Default Decision Council Meeting -May 5, 2009 -Page 260 of 297 EXHIBIT A 23 t/~~~ MARANA :'` ~%/ 1 \ TOWP! OF MARAPIA Chapter 5 WORK RULES If, after receiving proper notice, the appealing employee or responsible Department Head or designee fails to attend or participate in the hearing within fifteen minutes of the time set for the hearing, the PARB may enter a default against the party failing to appear. The PARB may reconsider a default decision upon a party's submission to the PARB of .proof of exigent circumstances within ten calendar days of the default decision. D. Statements and Questioning of Witnesses 1. The Town or its representative may make an opening statement. 2. The appealing employee or the employee's representative may then make an opening statement. The employee or representative may reserve his or her opening statement until the close of the Town's evidence. 3. The Town shall present its case first, calling witnesses and presenting its evidence to establish the reasons for the employment action that is the subject of the appeal. 4. The appealing employee or the employee's representative may ask questions of the Town's witnesses after the Town has completed the questioning of each witness. 5. The Town may then ask further questions of the its witness, limited to those areas raised in the appealing employee or representative's questioning of the witness. 6. After the Town's witness testifies and the appealing employee or representative and PARB members have had an opportunity to ask questions, the witness will be dismissed. 7. When all witnesses of the Town have been heard, the appealing employee/representative will present his/her witnesses and evidence in the same format. The Town may ask questions of the employee's witnesses after the appealing employee/representative has completed questioning the witness. The appealing employee/representative may then ask further questions of the witness, limited to those areas raised in the Town's questioning of the witness. 8. Rebuttal witnesses may be permitted to testify as the PARB determines appropriate. 9. PARB members may ask questions of a witness at any time. 10. After all witnesses have been questioned, the Town may make a closing argument. The appealing employee or representative may then make a closing argument. Because the Town has the burden of supporting its decision, the Town may make a second closing argument in rebuttal to the employee's closing argument. EXHIBIT A 24 • • • Council Meeting -May 5, 2009 -Page 261 of 297 • ~. MARANA :'"` / I \ TOWN Of MARANA Chapter 5 WORK RULES 11. Because the Town has the burden of supporting its decision, the appealing employee and/or representative will not be permitted to make a second closing argument. Section 5-6-13 Submission to the PARB A. If the hearing was held in a public meeting, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, .vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(1) for deliberations, unless the appealing employee requests that the deliberations take place in a public meeting. If the appealing employee so requests, any deliberations shall take place in a public meeting. However, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) for discussion or consultation for legal advice with the attorney for the PARB. • B. If the hearing was held in executive session pursuant to A.R.S. § 38-431.03(A)(1), after all the evidence has been submitted and closing arguments have been made, the parties and their representatives shall be excused and the PARB shall then deliberate in private, unless the appealing employee requests that the deliberations take place in a public meeting. If the appealing employee so requests, any deliberations shall take place in a public meeting. However, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) for discussion or consultation for legal advice with the attorney for the PARB. Section 5-6-14 Findings of the PARB A. Following deliberation, whether in a public meeting or in executive session, the PARB shall render its findings regarding the disciplinary action via a public majority vote of the members constituting a quorum of the PARE. The voting shall be by roll call. B. The findings of the PARE shall be in the form of an advisory opinion to the Town Manager. The PARB may recommend that the disciplinary action be upheld, overturned or modified. C. Within ten business days of the conclusion of the hearing, the PARB shall provide a written advisory opinion to the Town Manager. The opinion shall include the recommendation of the PARB regarding the disciplinary action and the reasons for the recommendation. The advisory opinion shall also be distributed to the appealing employee, the Human Resources Director and the employee's Department Head. EXHIBIT A 25 Council Meeting -May 5, 2009 -Page 262 of 297 ~,~_,\ MARANA .~ /I\ TOWNOF MARA.NA Chapter 5 WORK RULES Section 5-6-15 Decision of the Town Manager A. Within ten business days of receipt of the written advisory opinion of the PARB, the Town Manager shall render a written decision regarding the disciplinary action being appealed. The Town Manager may accept, modify or reverse the recommendation of the PARB. The Town Manager's written decision shall be distributed to the appealing employee, the employee's Department Head and the Human Resources Director. B. In reaching a decision, the Town Manager shall review the evidence and testimony presented to the PARB and his or her decision shall be based upon the official record of the proceedings before the PARB. The Town Manager may seek legal advice during deliberation from an attorney or attorneys representing the Town; however, the Town Manager may not consult with any attorney who participated as an advocate for the Town during the proceedings before the PARB or who acted as the attorney for the PARB. C. If the Town Manager modifies or reverses the recommendation of the PARB, the Town Manager shall state in writing his or her reasons for modification or reversal. D. All decisions of the Town Manager are final and not appealable within any Town process. Section 5-6-16 Back Pay, Reasonable Costs and Attorney's Fees A. If the Town Manager modifies or reverses the disciplinary action, the appealing employee shall receive back payment for wages and benefits lost, if any, as a result of the disciplinary action, subject to reduction for any wages actually earned by the employee during the time period in question, including any unemployment compensation that is not subject to repayment by the employee. B. If the Town Manager modifies or reverses the disciplinary action, a law enforcement officer to whom the provisions of A.R.S. § 38-1004(C) apply, may also make written request to the PARB for reasonable costs and attorney's fees pursuant to the provisions of that statute. If necessary, the PARB may set a hearing to make findings as to the amount of the costs and attorney's fees, if any, to award to the appealing employee. C. Any hearing regarding costs and attorney's fees shall take place within 20 business days of the Town Manager's written decision and shall be conducted in compliance with the rules set forth in this policy. D. Within five business days of any hearing regarding costs and attorney's fees, the PARB shall render a written advisory opinion to the Town Manager. The opinion shall include the recommendation of the PARB regarding costs and attorney's fees and the reasons EXHIBIT A 26 • • Council Meeting -May 5, 2009 -Page 263 of 297 ~~\ MARANA tOWN OF MARANA Chapter 5 WORK RULES for the recommendation. The advisory opinion shall also be distributed to the appealing employee, the Human Resources Director and the employee's Department Head. E. Within five business days of receipt of the written advisory opinion of the PARB, the Town Manager shall render a written decision regarding costs and attorney's fees. The Town Manager may accept or reject the recommendation of the PARE. The Town Manager's written decision shall be distributed to the appealing employee, the employee's Department Head and the Human Resources Director. • F. The decision of the Town Manager is final and not appealable within any Town process. G. Any award of costs and attorney's fees to a law enforcement officer shall be in compliance with the provisions of A.R.S. § 38-1004(C). Section 5-6-17 Miscellaneous Rules of Appeals A. After an issue has been initially presented for review, neither party may, without good cause, add new allegations at a subsequent step. B. Time limits provided in these procedures may be extended to a date certain by mutual written agreement of the Town and the appealing employee. C. In the absence of good cause, the employee's failure to timely pursue any step in the appeal process shall result in the termination of the appeal process and the dismissal of any appeal, and the employment action shall stand. D. No discipline, retaliation, or threats of retaliation shall be taken against any employee, representative, witness or other participant, whether testifying or not, in these personnel action review procedures because of such participation. Such discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up to and including termination. E. All information obtained during the processing of a request for personnel action. review will be maintained confidentially to the extent permitted by law. Information may be released pursuant to a public records request under the Arizona public records law, A.R.S. § 39-121 et seq. F. An employee seeking personnel action review under these procedures may be granted up to one hour of work time per day to spend preparing for his or her hearing before the PARB. G. For pay and benefits purposes, time spent by employees in discussions with management or in testifying before the PARB is considered time worked. Council Meeting -May 5, 2009 -Page 264 of 297 EXHIBIT A 27 ff ~^r~ MARANA .~`'` ~`~/ I \ TOWN OF MARANA Chapter 5 WORK RULES H. Disciplinary actions subject to formal personnel action review may be resolved or settled at any step in the process. The request for formal personnel action review shall be processed until the employee is satisfied, the employee does not file a timely appeal, as defined in this policy, or a decision has been made in the final step. I. Upon reversal of the decision at any step in the formal personnel action review process, the successful employee may recover any wage and/or benefits losses incurred from the effective date of the disciplinary action pursuant to the provisions of this policy. EXHIBIT A 28 • • Council Meeting -May 5, 2009 -Page 265 of 297 ~.~~-,\ MARANA .~ /I\ TOWN OF MARANA Chapter 5 WORK RULES Policy 5-7 PERSONNEL ACTION REVIEW BOARD (PARB) Section 5-7-1 Composition and Officers A. The Town of Marana Personnel Action Review Board (PARB) shall be composed of three primary members and three alternate members, all of whom shall be residents of the Town of Marana • B. At its first regular meeting, and each year thereafter, the PARB shall select a Chairperson and Vice=Chairperson from its primary members. Section 5-7-2 Appointment of PARB Members A. Primary and alternate PARB members shall be appointed by the Town Council pursuant to Town Council policies and procedures. B. Preference shall be given to applicants who have human resources and/or personnel management experience. C. PARB members shall not be members of any other Town boards, commissions or committees. Section 5-7-3 PARB Member Orientation Upon the election and/or appointment of any new PARB member(s), the Human Resources Director shall schedule and conduct an orientation session. The purpose of the orientation session shall be to familiarize the PARB members with these Personnel Policies and Procedures and with their roles and responsibilities as PARB members. Section 5-7-4 PARB Member Terms A. Two primary and two alternate PARB members shall serve terms of three years. One primary member and one alternate member shall serve terms of two years. The Town Council shall designate the term of each member when appointment is made. B. No primary or alternate PARB member shall serve on the PARB for more than six years. Section 5-7-5 Removal of PARB Member for Cause Notwithstanding the PARB member terms set forth in this policy, the Town Council, by a majority vote of its members constituting a quorum, may remove any PARB member for cause. The Human Resources Director shall be responsible for bringing any for cause removal of a PARB member to the Town Council for its consideration. • EXHIBIT A 29 Council Meeting -May 5, 2009 v Page 266 of 297 MARANA .~ /I\ TOWN OF MARANA Chapter 5 WORK RULES Section 5-7-6 Replacement of PARB Members If it becomes necessary to permanently replace a primary or alternate PARB member at any time due to voluntary resignation or removal for cause, the Human Resources Director shall ensure that an appropriate replacement is selected in accordance with this policy. Section 5-7-7 Appeal Hearings A. A primary PARB member shall be disqualified from serving on the PARB for a specific appeal hearing under any of the following circumstances: 1. The PARB member is a witness to or is otherwise personally involved in the matter on appeal to the PARB. 2. The PARB member is related either by blood or marriage to, or has a similar personal relationship or friendship with, the appealing employee, the appealing employee's supervisor, the appealing employee's Department Head, either party's representative or any person listed as a witness by either party. B. The Human Resources Director shall, in conjunction with the PARB Chairperson, make a determination as to whether a PARB member shall be disqualified for a specific appeal hearing. C. A PARB member may request to be excused from serving on the PARB for a specific appeal hearing due to extenuating personal circumstances or unavailability. The PARB member shall submit such a request to the Human Resources Director who shall, in conjunction with the PARB Chairperson, make a determination as to whether the PARB member shall be excused for the appeal hearing in question. D. If a PARB member is disqualified or excused from an appeal hearing, that disqualification or excuse shall only apply to the specific appeal hearing in question. E. If a PARB member is disqualified or excused from an appeal hearing, an alternate PARB member shall serve for that appeal hearing. F. Alternate PARB members shall be subject to disqualification in the same manner as primary PARB members as described in this policy. Alternate PARB members may also request to be excused from serving in the same manner as primary PARB members as described in this policy. If more than one alternate PARB member is eligible to serve on a specific appeal hearing, the alternate PARB member who will serve for the appeal hearing shall be selected at random in a process prescribed by the Human Resources Director. EXHIBIT A 30 • Council Meeting -May 5, 2009 -Page 267 of 297 • ~~~\ MARANA /1`t TOWN OF MARANA Chapter 5 WORK RULES G. The three PARB members designated to serve for a specific appeal hearing shall serve for that entire appeal hearing. Section 5-7-7 Special Appointment of PARB Members If at any time there is an insufficient number of eligible PARB members to conduct an appeal hearing, the Town Council may appoint pro-tem members as needed to ensure appropriate representation on the PARB as described in this policy. Section 5-7-8 Voluntary Capacity All PARB Members ° serve in a voluntary capacity. PARB Members shall not be compensated nor shall they receive any benefits from the Town for their service on the PARB. Section 5-7-9 Meetings of the PARE • A. The PARB may hold regular meetings at its discretion, but shall meet at least once annually at such time and place within the Town as is designated by the PARB Chairperson in conjunction with the Human Resources Director. B. The PARB may hold special meetings upon the call of the Chairperson or a majority of the members of the PARE. C. The Human Resources Director shall act as secretary to the PARB, shall keep its minutes and records of its work and shall assist the PARB in scheduling meetings and hearings. The Human Resources Director shall provide staff as needed to assist the PARB with any administrative tasks and to carry out its meeting functions. D. A majority of the primary members of the PARB shall constitute a quorum for the transaction. of business. Any decision of the PARB shall require the majority vote of the members constituting a quorum of the PARB. E. Meetings, including appeal hearings, shall be properly noticed and conducted in accordance with Arizona's open meeting laws, A.R.S. § 38-431 et seq., and such operational rules and procedures as shall be adopted by the PARB. F. Meetings, including appeal hearings, shall be recorded and accurate minutes, prepared to comply with the requirements of the open meeting law, shall be approved by the PARB and forwarded to the Town Clerk. Minutes of executive sessions shall be maintained confidentially and shall be disclosed only in compliance with the open meeting law. • G. The PARB may be assisted by the PARB attorney at any meeting of the PARB. EXHIBIT A 31 Council Meeting -May 5, 2009 -Page 268 of 297 ~~~~ MARANA /I\ tOWN OP MARANA Chapter 5 WORK RULES Policy 5-8 INFORMAL PERSONNEL ACTION REVIEW PROCEDURES Section 5-8-1 Purpose The Town of Marana provides informal personnel action review procedures as a means to ensure that all employees receive fair and equitable treatment and have recourse to seek review of disciplinary actions that are not subject to formal personnel action review. Section 5-8-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Section 5-8-3 Sole Remedy This policy is the sole and exclusive internal remedy available to employees for resolving disciplinary actions that are not subject to formal personnel action review. Section 5-8-4 Disciplinary Actions Subject to Informal Personnel Action Review Only the following disciplinary actions shall be subject to informal personnel action review under this policy: A. Verbal reprimands B. Written reprimands C. Suspensions without pay for 40 hours or less in a rolling 12-month period. Section 5-8-5 Informal Personnel Action Review Steps A. Step One 1. To request review of a disciplinary action that is subject to informal review under this policy, the employee must file a written request for review with the supervisor who issued the discipline within ten business days of the date the employee receives notice of the disciplinary action. EXHIBIT A 32 • • Council Meeting -May 5, 2009 -Page 269 of 297 • r-r,~,f MARANA /1\ TOWN OF MARANA Chapter 5 WORK RULES 2. The request for review shall be on a form provided by the Human Resources Department. 3. Within five business days of the supervisor's receipt of the employee's request for review, the supervisor shall provide a written response to the employee on the form provided. 4. If the Department Head is the supervisor who issued the disciplinary action, then the informal review process ends at this step. The Department Head's decision is final. B. Step Two • If the procedure in Step One does not resolve the issue to the employee's satisfaction and does not involve a final decision of the Department Head, the employee may request review of the disciplinary action by filing the written request for review, on the form provided, with the next level manager, if any. The employee must file the request for review within five business days of receipt of the supervisor's written response. The request for review must include a written response to the supervisor's comments, indicating the areas of disagreement with the supervisor's comments and a proposed solution. 2. Within five business days of the manager's receipt of the employee's request for review, the manager shall provide a written response to the employee on the form provided. 3. If there is no next level manager between the supervisor issuing the discipline and the Department Head, the employee may proceed directly to Step Three. C. Step Three 1. If the procedure in Step Two does not resolve the issue to the employee's satisfaction, the employee may request review of the disciplinary action by filing the written request for review, on the form provided, with the Department Head. The employee must file the request for review within five business days of receipt of the manager's written response. The request for review must include a written response to the manager's comments, indicating the areas of disagreement with the manager's comments and a proposed solution. 2. Within five business days of the Department Head's receipt of the employee's request for review, the Department Head shall provide a written response to the employee on the form provided. 3. All decisions of the Department Head pursuant to this policy are final and not appealable within any Town process. EXHIBIT A 33 lar Council Meeting -May 5, 2009 -Page 270 of 297 r'T~ MARANA :.~"'/I\ TOWN OF MARANA Chapter 5 WORK RULES Section 5-8-6 General Rules A. In the absence of good cause, the employee's failure to timely pursue any step in the review process shall result in the termination of the review process and the employment action shall stand. B. If a supervisor or manager does not respond to the employee within the time allotted by this policy, the employee may proceed to the next step in the process. C. No discipline, retaliation, or threats of retaliation shall be taken against any employee as a result of the employee's participation in this review process. Such discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up to and including termination. D. Disciplinary actions subject to informal personnel action review may be resolved or settled at any step in the process. The request for informal personnel action review shall be processed until either the employee is satisfied, the employee does not file a timely appeal, as defined in this policy, or a decision has been made in the final step. E. Upon reversal of the decision at any step in the informal personnel action review process, the successful employee may recover any wage and/or benefits losses incurred, from the effective date of the disciplinary action pursuant to the provisions of this policy. F. The employee may have anon-attorney co-worker of the employee's choosing as a representative at any step in the review process. The co-worker may not speak on behalf of the employee and may only participate as an observer. The employee shall be permitted reasonable breaks of limited duration during any step in the review process to consult with the co-worker or others who are immediately available, telephonically or otherwise. EXHIBIT A 34 • • C7 Council Meeting -May 5, 2009 -Page 271 of 297 Summary of Employee Comments -Chapter 5 Work Rules • Apri12009 Comment: 5-1-4 Meal Breaks and Rest Breaks • It says that work demands may preclude rest breaks, but how often does this happen? I would suggest that the Town set a reasonable rest break that applies to ALL non-exempt classifications, such as 10 minutes or 15 minutes, within a four hour work period. An employee working an 8-hour shift would receive two rest breaks and. a lunch break, and an employee working a 4-hour shift would receive one rest break. Then state that the supervisor at their discretion can eliminate a rest break if immediate work demands preclude the break. The way it is written opens up an opportunity for disproportionate application of the policy both within a department and between departments. Example: A Parks' supervisor provides a 15 minute rest break to his/her crew twice a day, but an Operations & Maintenance supervisor does not allow rest breaks for his/her crew. Also there may need to be a reference to required breaks due to the kind of work being performed. Example; physical labor in the sun or the wearing of an SCBA required frequent breaks to ensure personnel are properly hydrated and not suffering from heat stress. Response: Suggested policy language complies with the Fair Labor Standards Act and allows for appropriate meal and rest periods as defined by each department. Comment: • It refers to a minimum lunch break of 30 minutes if you work at least 8 hours. Some employees might take this as an opportunity to earn OT for the other 30 minutes or that they have an option of taking only a 30 minute lunch thus reducing their time at the office. I think something needs to be mentioned that the amount of time allotted for lunch breaks is determined by the employee's manager. Response: Language added as a result of this comment to clarify the lunch period in addition to the scheduled number of work hours in the day. Comment: 5-3-3 Uniforms B • Remove the . in front of Laundering Response: Corrected • Regular CoIIIi~~I~ay 5, 2009 -Page 272 of 297 Summary of Employee Comments -Chapter 5 Work Rules • Apri12009 Comment: 5-5-3, B.2 Types of Disciplinary Action States, "normally be issued within 10 days after"; is this 10 business days or calendar days? Response: Clarified as business days Comment: 5-6-5 Employment Matters Not Subject to Review Continues to exclude layoffs from being able to be heard by the PARB but chapter 8 changes specifically allow for layoffs to be brought before PARE, at least from a procedural standpoint. Response: Layoff under this section is not a disciplinary action that would be reviewable as an appeal. Review of layoff is provided for in the proposed amendments to Chapter 8 -Termination of Employment Section 8-1-6 Layoff and Recall • Comment: 5-6-12, B, 7, 2nd line Hearing before the PARB The "t" is missing in front of the (who may be he supervisor ..... .Response: Corrected Comment: 5-6-15, C, Decision of the Town Manager States "If the Town Manager modifies or reverses the decision of the PARB... Elsewhere within this section it uses the word "advisory opinion or recommendation" of the PARB. The language should be consistent here. The word decision implies more authority. than recommendation or opinion. Response: Corrected for consistency Regular CoI11~e~i~~I~ay 5, 2009 -Page 273 of 297 Summary of Employee Comments -Chapter 5 Worlt Rules Apri12009 Comment: 5-7-1 Composition and Officers This takes away the opportunity for employees to be judged by their peers. It seems the current policy was developed because the Town employees are an important component of the make up of the PARB board. Response: One of the options includes employee participation as PARB members while the other does not. Final decision pending Council action. Comment: 5-7-2 Appointment of Citizen PARB Members • This takes away the employees' input into who serves on the PARE board and makes it more of a political process. If Members are appointed by Council rather than voted on by Town employees it could create a lack of trust and faith by employees in the PARB system. • In the alternate scenario of a citizens only PARB, I am confused as to why you would need disparate terms of services (3 years and 2 years). Is this a short term way to get staggered terms or is the intent to always have members with different term lengths. • Response: One of the options includes employee participation as PARB members while the other does not. Final decision pending Council action. Board terms were written to provide for staggered terms. Regular Collf~e~i~~(~ay 5, 2009 -Page 274 of 297 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item A 7 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-65: Relating to Personnel; terminating the terms of the sitting and alternate citizen board members of the Town's Personnel Action Review Board; and declaring an emergency Discussion: On tonight's agenda, the Council approved amendments to Chapter 5 of the Town's Personnel Policies and Procedures. Included within these amendments were extensive changes to the Town's formal personnel action review procedures as well as changes to the selection, composition and terms of the Personnel Action Review Board (PARB). At the present time, the Town has no sitting or alternate employee PARB members as all employee PARB member terms expired in December 2008. The employees' terms were extended in December 2008 for the sole purpose of hearing one appeal hearing that was pending at the time. The Town currently has two sitting citizen PARB members and one alternate citizen PARB member who were all appointed by the Council to serve terms ending in August 2010. Due to the extensive changes to Chapter 5 regarding formal personnel action review procedures, PARB hearings and the processes and procedures of the PARB itself, this item is being proposed so that the Town can reconstitute the PARB with new members, in accordance with the changes adopted by Council tonight in Chapter 5. Any current sitting or alternate citizen members of the PARB would be eligible to reapply for membership on the PARB. ATTACHMENTS: Natne: Description: Tti~pe: ^ Reso terminating citizen member terms (00014544).DOC Resolution Resolution Staff Recommendation: Staff recommends that the terms of the sitting and alternate citizen PARB members be terminated. Suggested Motion: I move to approve Resolution No. 2009-65, terminating the terms of the sitting and alternate citizen board members of the Town's Personnel Action Review Board; and declaring an emergency. Regular Council Meeting -May 5, 2009 -Page 275 of 297 • MARANA RESOLUTION N0.2009-65 RELATING TO PERSONNEL; TERMINATING THE TERMS OF THE SITTING AND ALTERNATE CITIZEN BOARD MEMBERS OF THE TOWN'S PERSONNEL ACTION REVIEW BOARD; AND DECLARING AN EMERGENCY WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS former Section 5-6-9 of the Town's Personnel Policies and Procedures as approved by Resolution No. 2005-119 on September 6, 2005, provided that the Town's Personnel Action Review Board (PARB) was to be composed of two appointed citizen members • and three employee members elected by other Town employees and that alternate members of each group were to be selected; and WHEREAS pursuant to former Section 5-6-9, the Town Council appointed by Resolution No. 2007-181 on October 16, 2007 and Resolution No. 2008-10 on January 8, 2008, the current sitting and alternate citizen board members to serve terms ending on August 20, 2010; and WHEREAS on May 5, 2009, the Town Council adopted amendments to Chapter 5 of the Personnel Policies and Procedures that included changes to the composition and selection of the PARB and changes to the rules and procedures of the PARB; and WHEREAS the Council finds that it is in the best interests of the Town, its employees and its citizens to terminate the terms of the sitting and alternate citizen PARB members and to reconstitute the board based on the amendments to Chapter 5 of the Personnel Policies and Procedures. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The terms of the current sitting and alternate citizen board members of the Town's Personnel Action Review Board, appointed to serve terms ending on August. 20, 2010, are hereby terminated. Regul~ar(a~~~~s~u~tgoo 5, 2009 -Page 276 of 297 _1 _ • SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of terminating the terms of the current sitting and alternate citizen PARB members. 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 5~' day of May, 2009. Mayor Ed Honea • • ATTEST: Jocelyn C. Bronson, Town Clerk Regul~la~a~i~~~~s~~t~b~z o 5, 2009 -Page 277 of 297 -2- APPROVED AS TO FORM: Frank Cassidy, Town Attorney 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item A 8 From: Deb Thalasitis/Suzanne Machain ,Assistant Town Manager/HR Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-66: Presentation: Relating to Personnel; approving and authorizing staff to implement employee benefit rates for fiscal year 2010; and declaring an emergency Discussion: The purpose of this item is to request the Town Council's approval of employee benefit rates for fiscal year 2010 for the medical, dental, life/AD&D and short-term disability insurances. Open enrollment will • be held this year between May 11, 2009 and June 1, 2009. This is the time when employees may make changes to their benefit selections without a "qualifying event." Council approval of employee contribution rates is necessary for open enrollment to proceed as scheduled. The changes. and enhancements being presented this evening are a result, in part, of the hard work and dedication of the Employee Benefits Committee, who spent many hours reviewing options in order to make informed recommendations to management. Committee members include: Human Resources - Suzanne Machain, Ann Berkman, Linda Leon; Public Services -Corby Lust, Jana Stransky, Julie Bailey; Parks and Recreation -Marilyn Payton, Stephen Schmidt; Police -Michele Murrieta, Joshua Corn; Courts -Joe Teta; Town Manager -Rodney Campbell; and Development Services -Steven Vasquez. Each year the town receives renewal proposals from its various benefit carriers. Because of a 19.5% increase initially proposed by Blue CrossBlue Shield of Arizona for medical insurance and modest decreases by other carriers, the town was facing an overall net increase to its benefits budget of 18.5 percent or $524,948. Attachment "A" depicts these initial renewal costs by carrier, as well as a much lower renewal option following negotiations with carriers and other benefit management strategies. The town's total benefit cost increase for FY 2010 is now down to 3.5% percent ($99,400) with medical coverage increasing at a rate of 3%. This was achieved by balancing both the need to save money with an ability to enhance the health benefits offered by the town. The following steps were undertaken to achieve a reduction in projected additional costs in the FY 2010 budget of $421,783: • Changed Insurance Consultants/Broker of Record and negotiated a scope of services and set fee for those services instead of a commission-based method of payment that increased as premiums escalated Initiated an Employee Benefit Committee to advise management on plan design changes and other cost-containment strategies Conducted an employee survey to determine employee preferences about plan design changes and premium cost-sharing • Directed the Town's new consultant to aggressively pursue premium reduction strategies with all Regular Council Meeting -May 5, 2009 -Page 278 of 297 carriers. These steps resulted in the following changes to health benefits in FY 2010 that have resulted in the employee contribution rates that the council is being asked to approve this evening: 1. Benefit carriers to remain the same. Aggressive negotiations coupled with savings on commission paid due to changing benefit consultants, will permit the town to remain with the same benefit carriers during FY 2010 at a total cost increase of 3.7%. 2. Creation of a two-tier medical plan system. The contribution rates include the ability for employees to choose between a base plan (Low Option Preferred Provider (PPO) and a more comprehensive plan option (High Option PPO). The High Option PPO is essentially the town's current plan with some minimal plan design changes. Employees would be able to select either option, which selection would be in effect for the entire year (unless a "qualifying event" ensues). Employees who choose the PPO Low Option Plan would incur no monthly premium increase in FY 2010 or see a reduced charge for monthly premiums if they have any type of dependent coverage. Conversely, employees on this plan would experience higher out-of-pocket expenses for medical visits and procedures. The employee survey indicated that employees wanted a choice so that employees who rarely used the doctor or other medical services would not incur higher premium costs. Conversely, the PPO High Option would require greater monthly premium cost-sharing by employees, including a premium for employee-only coverage. It is projected that approximately 20 percent of employees will chose the Low Option PPO plan. Attachment "B" details the differences between the two plan choices. 3. Modifications to the town's existing~lan. Now known as the High Option PPO, the town's existing plan was modified to include the addition of an office visit/exam co-pay of $15 for a primary care physician visit and $25 for a specialist visit. This will replace the former method of paying a percentage of the cost of an office visit once it is billed. This not only creates savings for the plan, but reduces needless paperwork. Additional changes include increasing the copayment for emergency room care by • $25 per visit, increasing the Urgent Care co-pay by $30 per visit and increasing the monthly cost for mail order pharmacy service. Attachment "B" outlines all of these changes. 4. Structural changes to employee contribution levels. Currently, there are three levels of employee contributions. These are: a. Employee Only b. Employee + 1 c. Employee + 2 and Family Under the proposed contribution levels for FY 2010, these levels would be modified and fourth level would be included. This change makes Marana's premium structure more consistent with the norm for employer-sponsored plans and also addresses a recommendation by the employee benefits committee and the employee survey. a. Employee Only b. Employee + Spouse c. Employee + Children d. Employee + Family 5. Changes to employee premiums. Attachment "C" depicts the net change in employee contribution rates proposed for FY 2010. Employees who select the Low Option PPO will see no change in their monthly premiums, or a lowered premium because they will incur somewhat higher out-of-pocket expenses if they use medical care as noted above. These expenses can be managed on atax-exempt basis if the employee sets aside funds in medical spending account that is already available through the town's Flexible Benefit Program. Employees who select the High Option PPO pay premiums on a "pre-tax" basis with each paycheck. 6. Enhancements. As noted above, the premium structure has been enhanced to offer more affordability to single parents with children, .without adversely impacting other employee groups. Additionally, a lower cost benefit plan option has been created for FY 2010 in response to employee requests for a way Regular Council Meeting -May 5, 2009 -Page 279 of 297 to keep their monthly premium costs down. In addition, the Town through its consultant, solicited bids • for a vision insurance program. While the premiums for this program would be voluntary (i.e. paid fully by the employee), these plans do offer cost savings to the out-of-pocket expenses employees now have for vision. The Town will be offering this option beginning in July, 2010. Financial Impact: At its Apri128, 2007 budget study session, the council received information about the use of Level 1, 2 and 3 budget modification tools. The budget as it has currently been developed invokes Leve12 and Level 3 strategies with regards to health benefit costs and assumes that premium cost increases to the town will be limited to 3.5% or $99,400. Staff recommends adoption of the employee contribution rates that will result in this level of expenditure by the Town. ATTACHMENTS: Name: ^ Reso re EMPLOYEE BENEFIT RATES FY 2010 j0001_4..533~.DOC ^ Exhibit A to Health Be_n_e_f_its Resolution_.~df Descriptian. Resolution Type: Resolution Exhibit Backup Material Exhiiait A Attachment to Resolution ^ Town_of_Marana 2009 Global Budget v5 (2~.odf Attachments to Cover Sheet Staff Recommendation: Staff recommends approval of Resolution 2009-66, establishing employee benefit rates for FY 2010. Suggested Motion: I move to approve of Resolution 2009-66, establishing employee benefit rates for FY 2010. • Regular Council Meeting -May 5, 2009 -Page 280 of 297 • MARANA RESOLUTION N0.2009-66 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING STAFF TO IMPLEMENT EMPLOYEE BENEFIT RATES FOR FISCAL YEAR 2010; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana through its governing body, desires to provide the benefits of medical, dental, life/accidental death and disability and short-term disability insurances and a flexible spending program to eligible employees of the Town of Marana; and WHEREAS the rates for these employee benefits have been included in the proposed fiscal year 2010 operating budget, but must be approved prior to budget adoption in order to be available for the open enrollment process. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the employee benefit rates included in the chart attached to and incorporated by this reference in this resolution as Exhibit A for fiscal year 2010. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the employee benefit rates in Exhibit A. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5TH day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 5, 2009 -Page 281 of 297 Attachment A Employee Benefit Rates Effective July 1, 2009 -June 30, 2010 Medical Insurance -Blue Cross and Blue Shield of Arizona High Option Town Monthly Employee Monthly Employee per Pay Period Employee Only $392.83 $20.68 $9.54 Employee + Spouse $712.07 $156.31 $72.14 Employee + Children $644.26 $141.42 $65.27 Employee + Family $967.62 $272.92 $125.96 Low Option Town Monthly Employee Monthly Employee per Pay Period Employee Only $350.83 $0.00 $0.00 Employee + Spouse $624.58 $112.17 $51.77 Employee + Children $565.09 $101.49 $46.84 Employee + Family $848.29 $204.20 $94.25 Dental Insurance -Mountain States Administrative Services MSAS Town Monthly Employee Monthly Employee per Pay Period Employee Only $27.00 $3.00 $1.38 Employee + Spouse $51.92 $13.08 $6.04 Employee + Children $48.00 $12.00 $5.54 Employee + Family $75.92 $19.08 $8.81 Dental Insurance -Employer's Dental Service EDS Town Monthly Employee Monthly Employee per Pay Period Employee Only $11.15 $0.00 $0.00 Employee + Spouse $17.80 $3.39 $1.56 Employee + Children $20.11 $4.42 $2.04 Employee + Family $23.78 $6.32 $2.92 Hartford Short-Term Disability Plan HartFQ~d Town Monthly Employee Employee per Monthly Pay Period Volume Rate per $10 Base Plan $0.22 $0.00 $0.00 Volume Rate for 10 Buy-Up Plan $0.00 $0.13 $0.06 Revised 5-5-09 1 Exhibit A Employee Benefit Rates Effective July 1, 2009 -June 30, 2010 Medical Insurance -Blue Cross and Blue Shield of Ari~nna High Option Town Monthly ,Employee Monthly Employee per Pay Period Employee Only $392.83 $20.68 $9.54 Employee + One $712.07 $156.31 $72.14 Employee + Children $644.26 $141.42 $65.27 Employee + Family $967.62 $272.92 $125.96 Low Option Town Monthly .Employee Monthly Employee per Pay Period Employee Only $350.83 $0.00 $0.00 Employee + One $624.58 $112.17 $51.77 Employee + Children $565.09 $101.49 $46.84 Employee + Family $848.29 $204.20 $94.25 • Dental Insurance -Mountain States Administrative spwicE±s MSA$ Town Monthly Employee Monthly Employee per Pay Period Employee Only $27.00 $3.00 $1.38 Employee + One $51.92 $13.08 $6.04 Employee + Children $48.00 $12.00 $5.54 Employee + Family $75.92 $19.08 $8.81 .Dental Insurance - Emolover's Dental Service EDS - -- i -- - - Town Monthly Employee Monthly Employee per Pay Period Employee Only $11.15 $0.00 $0.00 Employee + One $17.80 $3.39 $1.56 Employee + Children $20.11 $4.42 $2.04 Employee + Family $23.78 $6.32 $2.92 Hartford Short-Term Disability Plan • HartFord Town Monthly Employee Employee per Monthly Pay Period Volume Rate per 10 Base Plan $0.22 $0.00 $0.00 Volume Rate for 10 Buy-Up Plan $0.00 $0.13 $0.06 Regular Council Meeting -May 5, 2009 -Page 282 of 297 1 • • O O N ~ M U ~ ~ L ~ C al C ~ L Q O ~ ,; 6 r O Os O ~, o _ ~ N 3 ~~ ~ ~ m -~ ~ ~ ~ R O } C7 c t0 a `o Q H Z W 2 Q a O Ln OS V M ~ r O r 07 h O O O O O 0p O O 00 O O a~ " ~ O O ~ O O M t0 N ~ O C! iF M 8 O V' M I~ N ~ O N T O> Qi (MO ~ M ~ EA ~ ~ ~ _ E9 ~ ~ ~ N N ~ ~ ~, fp ~. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 5, 2009, 7:00:00 PM To: Mayor and Council Item D I From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable 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: 7Name: Description: Type: ^ Bulletin~15~df Bulletin 15 Backup Material ^ Bulletin_#1_6,pdf Bulletin 16 Backup Material ^ Copy of Byrne-JAG Grant Programs-Arizona.xls JAG Grant Programs Backup Material ^ APS Stimulus_Workshop Invitation Updated .pdf Updated APS Stimulus ~tVorkshop Invitation Backup Material ^ 2009 League Annual Conference.pdf 2009 League Annual Conference Info 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 -May 5, 2009 -Page 287 of 297 • • .~ IN THIS ISSUE Legislative Session Remains Slow .1 Impact Fees -Get The Facts........... l Economic Stimulus Updates ...........1 Employers' Sanctions and Licensees ......................................................... 2 County and Mutucipal Budgets Posting Bill ...................................... 2 NLC Study Examines Cancer, Firefighting Link ............................. 2 Weekly Spotlight ............................. 3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your. comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azl eague. org Internet: www.azleague.org If you would like to add a member of your council or staff to our bulletin Bulletin Issue 15 - Apri117, 2009 LEGISLATIVE SESSION REMAINS SLOW The Legislature continues to remain focused solely on the budget. With the exception of the Rules Committee, no House committees met this past week. The House did bring some bills up in the Committee of the Whole (COW), a couple of which the League has been monitoring. A few Senate committees met this week to discuss executive nominations and stimulus monies. Apart from that, no other legislative activity has taken place. Rumors abound on the status of the FY 2009-10 budget. Legislative leaders have indicated that they are looking at all options in the hopes of securing enough votes. Various outlets reported this week that cuts to education and KidsCare remained the major issues with lawmakers. We will keep you apprised of any developments. IMPACT FEES -GET THE FACTS The League created an 'Impact Fees- Myth vs. Fact" presentation (http://www.azlea ug e•org/pdf/impact fee myths.pdfl to correct the substantial amount of misinformation circulating about municipal development fees, particularly from the Homebuilders Association of Central Arizona. We encourage you to review the real facts about impact fees and to share this information with your legislators, business leaders and others who may be getting the wrong information about this important tool for cities and towns, which helps to manage growth and protect existing residents from bearing the cost of new residents. For the 10~' week since it was heard in committee, House Bill 2259, the latest impact fee reform bill, has not been heard on the House floor. With the House focused on the budget, this is not surprising. The bill's sponsor, Representative Andy Biggs (R- Gilbert), plans to run the League's amendment as discussed last week when the bill moves forward. ECONOMIC STIMULUS UPDATES Earlier this week, the National League of Cities presented another in their series of Internet webcasts on implementation of the American Recovery and Reinvestment Act (ARRA). The topic of this very informative presentation was the Energy Efficiency and Conservation Block Grant Program. If you missed the live webcast, you can view the archived version at this website: http://www.nlctv.or~/events/eco recovery/090414/default.cfm. You will need to register with NLC-TV if t~L$NQ~~ SQ11~r5,v~Sl~yage 288 of 297 April 17, 2009 • • • Economic Stimulus updates (contl There is more than $3 billion available for competitive grants. Cities and towns with a population of more than 35,000 persons are eligible for funds by formula and will need to apply through www.fedconnect.net. All others will have to apply for grants through the Arizona Energy Office in the Department of Commerce. Their contact information is: www.azcommerce.com/Enercy/; the contact person for these grants is Robin Boudreau, (602) 771-1153 or RobinB(cr~,azcommerce.com. Other important websites for updated ARRA information include the federal information site: www.recover~ ov; the Arizona ARRA website: http://az.~ov/recover; and the League's ARRA City and Town Funding Book, which is available on our website or by visiting this address: http://www.azlea ug eor~/pdf/stimulus ct funding bookpdf. If your city or town has received ARRA grant funds for specific local projects, we would like to hear about them. Please send your information to: director(cr~,azleague.or~. EMPLOYERS' SANCTIONS AND LICENSEES The strike everything amendment to House Bill 2306, sponsored by Representative Michele Reagan (R-Scottsdale) changes business license renewal procedures. In 2008, the Legislature passed H.B. 2745, known as the Legal Arizona Workers Act, which has a provision stating that units of government had to require business license applicants prove they were in the country legally in order to get a license. The League worked last summer and fall to develop guidelines for cities and towns to comply with H.B.2745 that are posted on our website. H.B. 2306 changes the licensing procedure so that upon renewal most licensees would not have to provide their documentation of legal status again. The House Committee of the Whole (COW) heard the bill on Thursday and it passed on a voice vote. The League supports this measure. Regular Council Meeting -May 5, 2009 -Page 289 of 297 COUNTY AND MUNICIPAL BUDGETS POSTING BILL On Tuesday, the House Committee of the Whole (COW) passed House Bill 2268. Representative Sam Crump (R-Phoenix) is the sponsor of the bill. The bill passed through House Government Committee earlier in session. The bill allows for cities and counties to post their expenses on their website, as well as in public libraries and their official offices. The bill also mandates a city or county government to notify the public of where expenses are posted, and to hold special meetings on or before the 14~' day it levies a tax. The League is in support of the bill. NLC STUDY EXAMINES CANCER, FIREFIGHTING LINK The National League of Cities (NLC) released a study this week titled, Assessing State Firefighter Cancer Presumption Laws and Current Firefighter Cancer Research. The study found there is inadequate scientific research to determine a link between working as a firefighter and an elevated risk of contracting cancer. In the report, researchers from TriData Corporation independently concluded there is a lack of substantive scientific evidence currently available to determine that firefighters face risks greater than the general population. The report may be accessed here: http://www.nlc. org/ASSETS/40F46B09F9954BB 09EBDB32B92800A7 8/Presum~tion%20Report %202009.pdf. Cancer is the second leading cause of death in the United States and one out of two Americans will be diagnosed with it at some point in their lives. According to the report, of the thousands of cancer studies taking place from 1995 to 2008, only 17 studies looked at firefighting as a possible risk factor in contracting cancer, and that no causal relationship can be found. Twenty-four states, including Arizona, have enacted presumption laws that allow firefighters and emergency medical service providers who develop cancer to qualify for workers' 2 April 17, 2009 • • • NLC Study Examines Cancer Firefighting Link (coot) compensation and other benefits. Presumption is a legal concept that assumes certain illnesses - in this case, cancer - are work-related and compensable without employees needing to provide proof they contracted the disease as a result of their job. The Weekly Spotlight - Representative Steve Farley Representative Farley is well-known to Tucsonans as the artist who gathered personal photos from the Tucson community and turned them into the historic photographic the murals around the Broadway Underpass, at the eastern gateway to Downtown Tucson, using atile-making process he invented. He has been actively involved in city politics for the past seven years, in particular as a strong advocate for neighborhoods, downtown revitalization, and sustainable transportation improvements. Farley has been Vice Chair of the Pima Association of Governments Regional Transportation Plan (PAG-RTP) Task Force, a member of the Regional Transportation Authority (RTA) Citizens Advisory Committee, and a member of the City of Tucson Major Transit Investment Study Citizen Advisory Group. The Arizona Transit Association honored him with the statewide 2006 Friend of Transit award. He is also a Board Member of the central city Blenman Elm Neighborhood Association and the Tucson Downtown Alliance. He has collaborated with a broad range of Tucson environmentalists and government officials on various livability issues ranging from the Sonoran Desert Conservation Plan to alternative modes of transportation, organic gardening, .smart growth, water harvesting and urban design. Regular Council Meeting -May 5, 2009 -Page 290 of 297 He has been named a "Conservation Hero" by the Arizona League of Conservation Voters, a "Legislative Champion" by the League of Arizona Cities and Towns, and an "Arts Hero" by Arizona Citizen Action for the Arts. What prompted you to seek legislative office? The princely salary. Actually, the opportunity to make a difference on behalf of my constituents is worth many sacrifices, financial and otherwise. I wouldn't want to be anywhere else right now. What's your proudest legislative achievement? Saving health insurance coverage for the 20,000 small business owners, employees, and sole proprietors who depend on Healthcare Group so that they can pursue their entrepreneurial endeavors as our state's economic engine without fearing for their health. How can the state government and local governments be better partners? The Legislature should recognize that local governments are dealing with day-to-day decisions which make a huge difference in the quality of life of our mutual constituents. We need to listen to their needs and support their decisions with both resources and legislation. What kinds of things do you do to relax favorite music, books, etc? These days I read budget documents while listening to my 800-strong vinyl record collection. My favorite relaxation time is Freaky Friday movie nights at home with my family, and bike rides through Tucson. Thank you for your time. Thanks back. 3 April 17, 2009 IN THIS ISSUE Budget Hearing On. Then Off. Then On Again? ..............................1 League Leaders Meet With Governor Brewer ............................. l Economic Stimulus Update .............2 Legislative Action ........................... 2 Weekly Spotlight ............................. 2 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: 1 eague @azl eague. org Internet: www.azleague.org If you would like to add a member of your council or staff to our bulletin e-mail list please forwazd your e-mail request to: csmith-humphrey@azleague. org Bulletin Issue 16 - Apri124, 2009 BUDGET HEARING ON. THEN OFF. THEN ON AGAIN? The Senate Appropriations Committee was scheduled to hear budget bills on Thursday, but the hearing never happened. Senate President Bob Burns (R-Peoria) announced mid-week that the hearing would be cancelled. However, an Appropriations Committee agenda with budget bills is now scheduled for next Tuesday. Legislative leaders said in interviews that they would keep discussing budget details with members. However, those budget details have been kept a tight secret, which makes it impossible for affected stakeholders to gauge the economic, financial and political impact of any of the provisions. League staff and city officials continue to engage with legislators and legislative staff to provide input on any provisions that may affect cities and towns. LEAGUE LEADERS MEET WITH GOVERNOR BREWER League President Boyd Dunn led a small delegation of Executive Committee members in a meeting earlier this week with Arizona Governor Jan Brewer and senior members of her staff. The city officials discussed current budget and economic issues, as well as potential legislation that may emerge from the session. During the meeting the Governor, who has firsthand experience in local government as a member of the Maricopa County Board of Supervisors, expressed her desire to work closely with cities and towns to work on budget problems and economic development. She noted that cities and towns have improved their working relationship with the legislative process and she expressed interest in maintaining that positive atmosphere. The Governor acknowledged the massive state budget deficit and the difficulty in finding a solution that does the least harm to essential services of both state and local government. President Dunn invited the Governor to have her staff present the details of her five-point plan at the next meeting of the Executive Committee on May 22nd. It is hoped this will be only the first of a series of ongoing meetings designed to keep an open dialogue with the Chief Executive. Regular Council Meeting -May 5, 2009 -Page 291 of 297 Apri124, 2009 ECONOMIC STIMULUS UPDATE Cities and towns looking to access various programs of the American Recovery and Reinvestment Act (ARRA) are discovering that it is not always a simple process. While there are universal, .single-point locations to become pre-qualified for some programs -such as registering at www.grants.~ov, or acquiring a DUNS (Data Universal Numbering System) number by calling 1-866-705-5711 or applying online at http://fedgov.dnb.com/webform/displayHomePage.do - some federal agencies have different requirements for receiving funds. In many cases, it is a matter of checking back with those departments to see if their specific information has been updated or if they have issued standards for grants or loans. One example is the Department of Justice Byrne/JAG grants program. There are two grant programs for this award: the formula grants and competitive grants. Formula grants are awarded to cities based on pre- existing qualifications already on file with the Department, while cities and towns that want to receive grants under the competitive program need to turn in a specific application. However, even those cities that are eligible to receive funds under the formula distribution, are still required to reauest those funds. They will not be • released automatically. Attached to today's Legislative Bulletin is an Excel spreadsheet that shows Arizona jurisdictions that may be receiving Byrne/JAG grant funds. Those cities and towns listed in the shaded upper part of the chart are "formula" recipients, and those in the lower part of the document have applied to the DOJ for the competitive grant program. Even if your city or town is listed in the "formula" category, you still need to request the funds. Details on that process can be found at this website: http://www. ojp.usdoLaovBJA/recoveryJAG/JAGrecover yLocal.pdf. If your community has not yet applied for funds through the competitive grant program, the deadline for applications is close-of-business next Monday, April 27~'. Here is the website for information on that program: http://www.ojp.usdoj.eovBJA/recovery/Recover~~e.pdf The Arizona Department of Commerce Energy Office has an updated website for information about Energy Efficiency and Conservation Block Grants. The link to that page is here: http://www.azcommerce.comBnergy/EECBG.htm. Additionally, there will be one final meeting for those cities and towns interested in joining with other cities, the counties and the state to submit a joint grant application. The meeting will be at the League on Wednesday, April 29a' at 2:00 p.m. If you're interested in attending either in person or by telephone, please call Jeff Kros at 602-258- 578gegular Council Meeting -May 5, 2009 -Page 292 of 297 APS is sponsoring a workshop specifically on local government ARRA grants for energy efficiency and conservation. Information about that program is included in an attachment to this Legislative Bulletin. To access the latest version of the League's Arizona City and ?'own Funding Book, click here: http:/Iwww.azleaaue.org,/pdf/stimulus ct funding_book.pdf LEGISLATIVE ACTION This week the House and Senate passed two bills related to the federal stimulus package, Senate Bill 1102 and Senate Bill 1322. S.B. 1102, sponsored by Senator Carolyn Allen (R-Scottsdale), allows for the redetermination of the Arizona Health Care Cost Containment System (AHCCCS) eligibility to take place once a year, instead of every six months. By changing the eligibility standard, the state now complies with federal law and qualifies to receive $1.6 billion in federal funds for AHCCCS. Senator Barbara Leff (R-Paradise Valley) sponsored S.B. 1322. The bill provides a temporary extension of unemployment benefits for those currently collecting benefits from 13 to 20 weeks during times of high unemployment. The federal government provides the funding for this extension. Both bills passed with emergency clauses, which means they go into effect immediately upon the Governor's signature. The Weekly Spotlight - Senator Amanda Aguirre (pictured with her son First Lt. Anibal Aguirre, USAF) This week we focus on Senator Amanda Aguirre (D-Yuma). Since 1991, she has been the CEO/President of the San Luis Walk-In Clinic and the Regional Center for Border Health, Inc. Senator Aguirre has been involved for more than 25 years in public health education and won, with a strong emphasis on U.S.-Mexico border health issues. Senator Aguirre has lived in Yuma, Arizona, for the last 19 years. Her commitment to education is life-long since she was raised by parents who both were elementary school teachers. Her Democratic values come from her parents who taught her to work hard and to serve her community before everything else. 2 Apri124, 2009 Senator Aguirre holds a bachelor's degree in chemistry • from the University of Sonora in Hermosillo, Sonora. In 1981, she received her master's degree in nutrition from California State University in Los Angeles, California, with a focus on feeding problems of children with developmental disabilities. Most recently, Ms. Aguirre co-founded the Nuestros Niiios Foundation, a private foundation dedicated to improving the quality of life and meeting the needs of children and their families along the U.S.-Mexico border. In 2003, the Yuma County Board of Supervisors appointed her to the House of Representatives, becoming the first Hispanic and female to represent Legislative District 24. In 2004, she was elected to the House. She won the election to the Senate in 2006, and is now serving her second term as that district's senator. Her committee assignments include being a member of the Appropriations; Healthcare and Medical Liability Reform; Natural Resources; Infrastructure and Public Debt; and the Appropriations Subcommittee on Transportation and Criminal Justice. What prompted you to run for the legislature? Having lived and worked for 22 years in rural Arizona, and dedicating my life to advocate for underserved families and communities, I felt that I could make a difference in the Legislature and represent the families and business communities in Yuma and La Paz Counties. What's your proudest legislative achievement? For new members, what do you hope to accomplish? As a member of the minority Democratic Caucus, I was appointed by former Senate President Tim Bee to co- chair the Joint Legislative In Home Care Review Committee. Working in a bipartisan fashion, the following legislation successfully passed: ^ HB 2764 -State reciprocity legislation for military families with a family member attending college and having to transfer their credits to another state. (2006) ^ HB 2599 - "Emergency Workers" legislation that extends workers' compensation to volunteer emergency workers under a political subdivision during a declared emergency. (2005) • HB 2668 -Appropriation of $1,000,000 for the prevention of Diabetes (2006) Regular Council Meeting -May 5, 2009 -Page 293 of 297 ^ HB2669 -Irrigation water delivery districts; dissolution (2006) ^ HB 2715 - Public Constriction Contracts (2006) ^ HB 2526 -Special License Plate to support breast/cervical cancer screening for uninsured women. The license plate has raised more than $100,000 for breast and cervical cancer screening for uninsured women. (2005) ^ SB 1348 - Telecoil hearing aids and consumer information. Arizona was the first state in the nation to pass this legislation. (2007) ^ SB 1263 - "Steven's Law." Behavioral health services for children with Autism. Over 200 individuals signed in support during the Senate Health Committee hearing - a record breaking amount for a Senate hearing. (2008) ^ SB 1185 - Allows a consumer to request and a credit reporting agency to place or lift a security freeze on the consumer's credit report. (2008) How can the state government and local governments be better partners? Constant, open communication on issues impacting our cities and counties; they are the backbone of our state economy. What kinds of things do you do to relax favorite music, books, etc? Relaxing: Gardening and having a good conversation with my son and my daughter. Recent book: Outliers. Favorite vacation places: San Diego, California, and Colorado Springs, Colorado. Thank you for your time. Thank you. Apri124, 2009 • .7 Regular Counc State Jurisdiction Name I Government Type Eligible Individual Eligible Joint Allocation Allocation AZ MARICOPA COUNTY County $448,; 96 AZ AVONDALE CITY Municipal $53.322 ~ AZ BUCKEYE TOWN h9unicipat $24.1369 AZ CHANDLER CITY Municipal $482.862 AZ EL MIRAGE CITY Municipal $48.879 AZ GILBERTTOVJN Municipal $130,528 AZ GLENDALE CITY Municipal $825,fl14 AZ GOODYEAR CITY Municipal $82:580 AZ MESA CITY Municipal $1,219,746 AZ PEORIA CITY Municipal $177,926 AZ PHOENIX CITY Municipal $6,118,171 AZ SCOTTSDALE CITY Municipal $260,686 AZ TEMPE CITY Municipal $568,400 AZ TOLLESON CITY Municipal $36,659 AZ SURPRISE CITY Municipal $63.690 AZ YOUNGTOWN TOWN Municipal $15,367 $10,536,695 i AZ NAVAJO COUNTY County $30,919 r1Z HOLBROOK CITY Municipal $55,914 AZ SHOW LOW CITY Municipal $59,988 AZ SNOWFLAKE TOWN Municipal $35,178 AZ WINSLOW CITY Municipal $44,991 $226,990 AZ PIMA COUNTY County $399,361 AZ TUCSON CITY Municipal S2,542,249 AZ SOUTH TUCSON CITY Municipal. $92,388 AZ SAHUARITA TOWN Municipal $13,701 AZ ORO VALLEY TOWN Municipal $14,256 AZ MARANA TOWN Municipal $38,696 $3,100,651 AZ SANTA CRUZ COUNTY County AZ NOGALES C1TY Municipal $42,954 $42,954 AZ YUMACOUNTY County $101,275 AZ YUMA CITY Municipal $31&,230 AZ SOMERTON CITY Municipal $12,775 $430,280 ' AZ COCONINO COUNTY County I $75,725 AZ FLAGSTAFF CITY I Municipal $235,692 $311,417 AZ APACHE COUNTY !, Coun $24,439 AZ APACHE JUNCTION CITY I, Municipal I $77,576 AZ BISBEE CITY Municipal $12,220 AZ BULLHEAD CITY Municipal $82,575 AZ CAMP VERDE TOWN Municipal $22,958 AZ CASA GRANDE CITY I Municipal $152,005 AZ CHINO VALLEY TOWN Municipal $18,330 AZ COCHISE COUNTY County $322,896 AZ COOLIDGE CITY Municipal , $47,212 AZ COTTONWOOD CITY Municipal $25,735 AZ ~ DOUGLAS CITY Municipal ~ $15,923 AZ ELOYCITY I Municipal $51,656 AZ FLORENCE TOWN I Municipal ~ $25,550 AZ ~ GILA COUNTY ; County $47,583 AZ GLOBE CITY ' Municipal ~ $39,251 AZ GRAHAM COUNTY I Coun $79,243 AZ KEARNY TOWN Municipal $10,924 AZ KINGMAN CITY i Municipal $56,840 AZ LA PAZ COUNTY I County $39,992 AZ LAKE HAVASU CITY Municipal $69,800 AZ MIAMI TOWN Municipal $15,182 AZ MOHAVE COUNTY I Coun $116,087 AZ PAGE CITY ~ Municipal $23,328 AZ PARKER TOWN Municipal $11,109 Municipal $15,367 AZ PINAL COUNTY ~ Coun $162,374 • • • State AZ Jurisdiction Name PRESCOTT CITY Government Type Municipal Eligible Individual Allocation $84,057 Eligible Joint Allocation AZ PRESCOTT VALLEY TOWN lid Municipal $101,090 AZ SIERRA VISTA CITY Municipal $67,764 AZ WILLIAMS CITY Municipal $17,404 AZ YAVAPAI COUNTY County $173,853 . ~~y~ } State of Arizona $25,306,956 ,7 v~ ~. Y't%fyAd tOtB~f fi~~'.~~ Y~.; ;,, ~'~y:~ G, * Counties that have an asterisk (*) under the "Eligible Individual Allocation" column are ineligible for a direct FY 09 Recovery Act -Edward Byrne Memorial Justice Assistance Grant (JAG) award from BJA. For JAG purposes, these counties remain a partner with the jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding (MOU). A sample MOU is provided online at: htt~://www.oio. usdoi.oov/BJA/recovervJAG/JAGrecovervMOU.odf. ** Shaded allocation amounts for disparate jurisdictions appearing in the "Eligible Individual Allocation" column are suggested amounts based on what each jurisdiction would have been eligible to receive if there was no identified disparity. Disparate jurisdictions are responsible for determining individual allocations and documenting individual allocations in the MOU. Additional JAG Frequently Asked Questions can be found on the BJA JAG web page at: http://www.oia.usdoi.oov/BJAlrecovervJAG/JAGrecovervFAQ.odf. Regular Council Meeting -May 5, 2009 -Page 295 of 297 F ( b^ J' •. G,f~l~ti~ REGISTRATION UPDATE: Response has been tremendous and registration is filling up quickly. Don't wait to sign up for the workshop! Federal Stimulus Grants for Local Governments ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKSHOP May 6, 2009 7:30 a.m. - 5:30 p.m. Black Canyon Conference Center F, APS is sponsoring a one-day, interactive workshop to help cities and counties effectively tap into the federal stimulus funds available for implementing energy efficiency and renewable energy projects. The workshop will review the EECBG (Energy Efficiency Community Block Grants) requirements and offer a structure for implementing projects, Who Should Participate? The content is targeted to city and county managers, council members, facility managers, and grant writers. Information will be relevant to small and large cities and counties. What Will !Gain? Participants wiH walk away with clear steps for planning and implementing energy. efficiency and renewable energy projects, toolsfor measuring results, information on fiuntling mechanisms, including key components of the grant application process, and useful contacts. Click HERE to register Recommendations for Pre-Workshop Preparation You can reviev~r the EECBG funding notice posted on fedconnect.net.'Search nn Recovery Act: EECBG Program, Look in the right column under Documentation and start with the second folder labeled "Solicitation." (The first folder contains the original files; the next folder is the updated version.) • ~'~" ~" Lc~r~;ue ~~f .ari t3r~a R ~ :y.- ~ r„ ..~.,.... 2009 League Annual Conference Date and Location: September 1-4, 2009 Hilton El Conquistador Resort Oro Valley http: //www.hiltoneicong uistador.com/ Conference Registration: Conference registration will be sent out to all cities and towns in May. The registration prices will remain the same as last year: $280 early member (a member is any officer or employee of an Arizona City or Town) $330 early nonmember To receive these early member/nonmember prices you must register by July 10. • Hotel Information: All events will be held at the Hilton El Conquistador Resort. The group rate for the League Conference will be $99 per night. Both detailed conference information and hotel registration information will be sent out to all cities in May. (You will not be able to book a hotel room until conference registrations are available.) Sponsorship: If your organization is interested in sponsorship opportunities at the Conference, please click on the link below: http://www.azleague.org/pdf/09 core ben brochure.pdf Questions: If you have any questions, please contact Matt Lore at 602-258-5786 or mlore ,azlea ug eorg We look forward to seein>; you in September! League of Arizona Cities and Towns 1820 W. Washington St. Phoenix, AZ 85007 Phone: 602-258-5786 Fax: 602-253-3874 htto; //www.azleaaue.ora • Regular Council Meeting -May 5, 2009 -Page 297 of 297 Proclamation Public Works Week 2009 May 17 through May 23, 2009 WHEREAS, public walks services provided in our community are an integral part of the lives of our citizens' and enhance'ther daily quality ;of lives; and WHEREAS, state and local governments are responsible for and must design, build, operate and maintain the transportation, water supply, public .buildings, and .other structures and facilities essential to serving our citizens'; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of the .public works systems and programs such as water, ....sewers, public buildings, streets and highways; and `WHEREAS, the health., safety, ,appearance snd comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these fscili#ies, as well as their planning, construction and management is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and.dedicated personnel who staff public works departments is materially influenced by the people's attitudes and understand of the importance of the work they. perform. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim and recognize the week of May 17 through May 23, 2009 National Public Works Week In the Town of Marana, and call upon all citizens anal civic organizations. to acquaint themselves-with.:the issues involved in supporting public works and to recognize the contributions> which public works professionals make to provide the infrastructure= required #o sustain `the comfort, health, and well- being to support the community's quality of life. Dated this 5th day of May, 2009. l/~'tie ~.~_ . Ed Honea, Mayor ATTEST: - q ocelyn :Bronson, Town Clerk - J Proclamation Municipal Clerks Week May 3 through May 9, 2009 WHEREAS, the office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and internal professional organizations. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim and. recognize the week of May 3 through May 9, 2009 Municipal Clerks Week And further extend appreciation to our Municipal Clerk, Jocelyn C. Bronson and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated this St" day of May, 2009. ~ ~~~ t Ed Honea, Mayor ATTEST: ~~ Jocely C. Bronson, Town Clerk