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Home My WebLink About02/16/2010 Council Agenda Packet~~~ ~~ K ` r+~~s ~~~ ~~~ t~~ ~ ~~ REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 16, 2010, 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 payers and cell phones. Meetin 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 Regular Council Meeting -February 16, 2010 -Page 1 of 80 special services are available upon prior request to the Town- Clerk at least 10 working days prior to the Council meeting. 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, February 15, 2010, 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 COUNCIL 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. No electronic capability will be provided by the town beyond existing voice amplication and recording (for DVD, CD Rom, USB drives, etc.) 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. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. Regular Council Meeting -February 16, 2010 -Page 2 of 80 LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series 5 (Government) liquor license application submitted by Evelyne Renee Claire Thorpe on behalf of Mike Jacobs Sports Park, located at 6901 W. Casa Grande Highway L 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license applications submitted by the TUSD Amigos de la Danza on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for the dance troupe BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2010-16: Relating to Personnel; approving and authorizing staff to implement the Separation Incentive Plan (SIP) for fiscal year 201 l; and declaring an emergency (Suzanne Machain) A 2: Resolution No. 2010-17: Relating to Personnel; authorizing staff to implement a sabbatical program for fiscal year 2011; and declaring an emergency (Suzanne Machain) A 3: Resolution No. 2010-18: Relating to Personnel; approving and adopting amendments to the Worker Recession Assignment Program (WRAP) (Suzanne Machain) A 4: Resolution No. 2010-19: Relating to Development; approving and authorizing the Mayor to execute a Barnett Channel Excavation Development Agreement with Reyher Partnership and Marana 348 Limited Partnership (Frank Cassidy) 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 Regular Council Meeting -February 16, 2010 -Page 3 of 80 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 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 -February 16, 2010 -Page 4 of 80 ~~~~ ~"~ ~~ ~~~ ,: n...a 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 16, 2010, 7:00:00 PM To: Mayor and Council Item 1 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series 5 (Government) liquor license application submitted by Evelyne Renee Claire Thorpe on behalf of Mike Jacobs Sports Park, located at 6901 W. Casa Grande Highway Discussion: This application is for a New Series 5 (Government) liquor license at Mike Jacobs Sports Park located at 6901 W. Casa Grande Highway. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of February 10th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building, Planning and Legal Departments have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. All departments found the applicant to be in compliance and have no objections to the issuance of this license. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application or does not submit a recommendation to Regular Council Meeting -February 16, 2010 -Page 5 of 80 the DLLC within the 60-day time period, or if the director, board or a resident within a-one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: Description: Type: O Descrip#ions._of uncoCriman types of.,liquor_licenses_DOC Government Liquor License Description Backup Material ~ Affidavit of Postin~Sports Park,pdf Affidavit of Posting Backup Material O Use_Form_LGB Recommendation_Spo..rts Local Governing Body Recommendation Backup Material Park.pdf Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of a New series 5 (Government) liquor license application submitted by Evelyne Renee Claire Thorpe on behalf of Mike Jacobs Sports Park, located at 6901 W. Casa Grande Highway. OPTION 2: I move to adopt an order recommending disapproval of a New series 5 (Government) liquor license application submitted by Evelyne Renee Claire Thorpe on behalf of Mike Jacobs Sports Park, located at 6901 W. Case Grande Highway. Regular Council Meeting -February 16, 2010 -Page 6 of 80 Department of Liquor Licenses and Control Descriptions of Uncommon Types of Liquor Licenses Series 05 Government This non-transferable, on-sale retail privileges license allows the holder of a government license to sell and serve spirituous liquor solely for consumption on the premises for which the license is issued. The license is issued in the name of a county, city, town, state university or the Arizona Coliseum and exposition centerboard whose governing body has authorized its use. A separate license is required for each premise upon which spirituous liquor is served. The application must designate, for each location, a manager or other individual responsible for administering the license. ARIZONA STATUTES: A.R.S. §4-119, 4-201, 4-202, 4-203, 4-205.03, 4-209(B)(5), 4- 209(D)(5), 4-261. Regular Council Meeting -February 16, 2010 -Page 7 of 80 FYint Form ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 vrvvvr.azl iquor.gov (602)542-5141 AFFIDAVIT OF POSTING January 26, 2010 Date of Posting: _ Date of Posting Removal: Applicant Name: Thorpe Evelyne February 15, 2010 Renee Claire rant First Middle 6901 W. Case Grande Highway Marana 85743 Business Address: street cry zip 05103002 License #: I hereby certifythat pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Print Name ofcity/County Official Title Telephone N signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please cal I (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9027 L X0179 42009 Regular Council Meeting -February 16, 2010 -Page 8 of 80 Print Form Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602-542-5141 LOCAL GOVERNING BODY RECOMMENDATION MARANA 05103002 CITY~TOWN~OF STATE APPLICATION # PIMA COUNTY OF ., AR{ZONA. CITY/TOWN/COUNTY # LL201~-04 .ORDER # Regular Marana Town Council At a meeting of the (Regular or Special) (Governing Body} Marana 16th February of held on the day of (Day) (Month) Evelyne Renee Claire Thorpe application of 05103002 the premises described in Application # considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of is hereby recommended for (a pprova I/di sa pprova I) of the Cit~+/Town/bounty 2010 the (Year) for a license to sell spirituous liquors at 5 License Class Series was a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. DATED AT This day of r~ ioo~ osnoo9 (Day) (Month) (Year) CITY/TOW N/COU NTY CLERK * Disabled individuals requiring special accommodations please call the Department Regular Council Meeting -February 16, 2010 -Page 9 of 80 ~~ ~~~ ~~~ ~m ~~~~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 16, 2010, 7:00:00 PM To: Mayor and Council Item 2 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license applications submitted by the TUSD Amigos de la Danza on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for the dance troupe Discussion: These applications are for special event liquor licenses on behalf of TUSD Amigos de la Danza on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for the dance troupe. These events do not require an additional special event permit as the venue is designed for the activities being conducted. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the. license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues of the special events. Five applications are being submitted to cover each of the time periods requested which are chronological but not consecutive. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license applications are approved by the Town Council, and the events meet the requirements. for granting the license, the director of the DLLC will issue the special event liquor licenses to the qualifying organization. If the applications are disapproved by the Town Council, the DLLC will normally not consider the applications. Attached are the six applications. The event dates are March 1st, 4th, 5th, 7th, 8th, 11th, 12th, 14th, 15th, and 18th, 2010. Regular Council Meeting -February 16, 2010 -Page 10 of 80 ATTACHMENTS: Name: Description: Type: ~ SE Liquor Sports Park_TUSD.~f SE Liquor Lic.Application Backup Material Staff Recommendation: Staff recommends approval of these special event liquor license applications. Suggested Motion: OPTION 1: I move to approve the special event liquor license applications submitted by TUSD Amigos de la Danza on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for the dance troupe. OPTION 2: I move to disapprove the special event liquor license applications submitted by TUSD Amigos de la Danza on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for for the dance troupe. Regular Council Meeting -February 16, 2010 -Page 11 of 80 State of Arizona bepartment of Uquor Licenses and Control 800 W. Washington, 5th Floor Phoenix, AZ 85007 www.azliquor:gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL **Application must be approved by local gavemment before submission to nl,LC uss ot~Y Department of Liquor Licenses and Control. (Section #20) LICSNSS # 1. Name of Organization: TusD Amigos de ~ Danza 2. Non-ProfitlLR:S. Tax Exempt Number ss-oa2osz2 3. The organization is a: (check one box only) Q Charitable ^ Fraternal (must have regular membership and in e~astence for over 5 years) ^ Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? Fund-raiser for dance troupe 5. Location Of the event: 6'3dt N. ~~ ~~ t'~Y• Tucson Pima 85743 Address of physical location (Not P.O. Box) Cily County Zip AA alfcant must be a member of the qualifying organization and authorized by an O fficer Direct or or Chaimerson of the Or+aanization named In Question ;li'1. (Signature re quired in section #18) 6. Applicant: c°""~'~ ntan~~ o. Last First Middle Date of Birth 7. Applicant's Mailing Address:.3~•0. Box es12a Tucson Arizona a5~5a R Street City Staoe Zip 8. Phone Numbers: (moo ) a37asts (szo ) sz4-e5so (520 ) _ Site Owner # Applicant's Business # Applicants Home # 9. Date(s) 8 Hours of Event: (Remember. you snot seN alcohol before 70:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 3/1/2010 Monday 5:00 pm 11:00 pm Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Iic o106 osI2009 *Ihgabied individuals requiring special accommodations, please call (G02) 549027 Regular Council Meeting -February 16, 2010 -Page 12 of 80 10. Has the applicant been oonvided of a felony in the past five or h a liquor license revoked? YES O (attach explanation if yes) 11. This organization has been issued a special event license for ' days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25°~ OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name TUSD Amigos de la Dania 25% Percentage Address P.O. Box 86124 ,Tucson, AZ 85754 Name Pinnacle Concessions LLC 750 Percentage Address r. Tucson, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor taw violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LFAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fentang or control barriers if applicable) # Police p Fenang 2 # Security personnel p Barriers Alcoholic Beverages be to served in enclosed area with checkpoints at enirenGes/exits. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO if yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) Name of Business ~) Phone Number 17. Your licensed premises ~s that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The folkwving page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -February 16, 2010 -Page 13 of 80 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #t ~ t3 I Manuel O. Contreras full declare that I am an Officer~tDirECbonlChairoerson appointing the applicant I' in uestion 6, o yon behalf of the foregoing organization for a Special Event liquor License. X Signature rtle/Position) (~~ ~ t ~~1) #y3~ . /t r Debra Pic a /"-~ ~ Cotmty of ~` Notary~Pnblic -Arizona The ~ instrument was acknowledged before me this PIMA COLINTY ti ;; r` My Commission Expires ~ !_ ,~ MAY 31, 2011 ,J Day Month ear My Commission expires on: ~.t,{q-t, 3 ~, ~ /C ~ (D~ (Signature of NOTARY PUBLIC) THtS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #16 ~ 9 I Manuel O. Contreras declare that 1 am the APPLICANT filing this application as (Prirrt full name) listed in Q 6. I have read the application and the contents and all statemerrts are true, correct and complete. State of ~~ County of i jw1'~" X The foregoing instrument w~ acknorNedged fiore me tlris e icerno ~( ( - Notarryy Pnblic - Arrcona PIhfA COUNTY My Commission Expires DaY ~r MA 3 2011 My coat fission expires on: ~C Date S~ nature of NOTARY PUBLIC You must obtain local novernment approval. City or County MUST recommend event and complete item The local governing body may require additional applications to be completed and submitted 60 clause in advance of the everrt. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. (Government Offiaal) ~ behalf of (City, Town or County) (Title) hereby recomrr>Iend this special event application (Signature of OFFICIAL) (~) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (pate) Regular Council Meeting -February 16, 2010 -Page 14 of 80 State of Arizona .Department of Liquor Licenses and Control 800 W. Washington, 5th Floor Phoenix, AZ 85007 t+vww.azliquorgov (502)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL **Application must be approved by lot:a! governmerrt before submission to DLLC USS ONLY Department of Ligimr Licenses and Control. (Section #20) LicErrs>a # 1. Name of Organization: Tusc amigos de 1a t~za 2. Non-Profitli.R.S. Tax Exempt Number: ~~ 3. The organization is a: (check one box only) Q Charitable ^ Fraternal (must have regular membership and in e~astenoe for over 5 years) ^ Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? Fundraiser for dance troupe 5. LOCatiOn of th@ event: 6901 N. Casa Grande Hwy. Tucson Pima 85743 Address of physical Nation (Not P.O. Box) City County Zip A~~licant must be a member of the auatifvinry organization and authorized by an Otflcer Director or Chafnpen3on of the Organization named in Question #7. (SMnature required In section #18) 6. Applicant: c~rn~s Manuel o. ~ Last First Middle Date of Birth 7. Applicant's Mailing Address: P.o. Box 8s12a Tucson ~«~a ssr5a Street City State Zip 8. Phone Numbers: (5~ ) ~r-~~s (szo ) sza-s5ao (sio ) ~ Site Unmer # ApplicanCs Business # Applicant's Home # 9. Date(s) & Hours Of Event: (Remernber: you c r- sell alca,d before 10:00 a.m. on Sur~ay) Date Day of Week Hours from A.M.IP.M. To A.MJP.M. Day 1: 3/412010 Thursday 5:00 pm 11:00 pm Day 2: 3/6/2010 Friday 5:00 pm 11:00 pm Day 3: Day 4: Day 5: Day 6: Day 7: Day ~: Day 9: Day 10: rK o206 os2oo9 *Disabled individuals requiring special accommodations, please call (b02) 542-9027 Regular Council Meeting -February 16, 2010 -Page 15 of 80 10. Has the applicant been convicted of a felony in the past five rs, or ad a liquor license revolted? ~{Q/~iy ^~ ES ~O (attach explanation if ves) 3 11. This organization has been issued a special event license for days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Acx;ount for 100% of the proceeds. THE ORGANISATION APPLYING MUST RECENE 25% OF THE GROSS ~tEVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name TUSD Amigos de to Danza 25% Percentage Address F•O. Box 86124 ,Tucson, AZ 85754 Name Pinnacle Concessions LLC 75% Address Dr. Tucson, AZ 85743 (Attach additional sheet if necessary} 14. Knowledge of Arizona State Lrc}uor Laws Tide 4 is important to prevent liquor law violations. If you have any questions regarding die law or this application, please contact the Arizona State Departrrtent of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LFzAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of securitylpolice personnel and type of Penang or control barriers if applicable) # Police p Fencing z # Security personnel p Farriers Atcohol~ Beverages be to served in Enclosed area with checkpoirns at antrarroes/exiis. 16. Is there an existing liquor license at the kx~tion where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special`event license wilt be in use? Q YES ^ NO (ATTACH COPY OF AGREEMENT] ame o usiness ~-) Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your speaal event licensed premises. Please show dimensions, serving areas, fenang, barricades or other control measures and security positions. Regular Council Meeting -February 16, 2010 -Page 16 of 80 THtS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. 1, Manuel O. Contreras declare that I am an OtTicer/Direcbor/Chairnerson appointing the (P 'nt full name) applicant list in Question 6 to apply on behalf of the foregoing organization for a Special Evert L'quor License. ,~,1~~,~./ i natu~,~~~N rttelPosition) ( ) t (Phone ~ Debra Picerno 1 ~~ o PI~uCOU]V I'Y na State Of ~~ COUnty of 1 ll~I My Commission Expires The foregoing instrument WaS acknowledged before me thIS ' ' -~ '' MAY 31, 2011 Day Monet ear My Commission expires on: _J 3 f , a-o (( ( (Signature f NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I Manuel O. Contreras declare that 1 am the APPLICANT filing this application as (Print full name) listed in Question 6. 1 have read the application and the t~ntents and all statements one true, correct grid complete. X My My State of ~ ~ County of [ k The foregoing instrument was acknowledge befiore me this in advance of the event. Additional may Day Morrlh may Year LOCAL GOVERNING BODY APPROVAL SECTION 20. L (Government Offiaal) (Title) herieby r~ecornmend this specal event ap~ication on behalf of (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) Regular Council Meeting -February 16, 2010 -Page 17 of 80 State of Arizona .Department of Liquor Ucenses and Control 800 W. Washington, 5ifi Floor Phoenix, AZ 85007 www.azliquorgov (602)542-514:1 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored cheGcs (A.R.S.§ 44-6852) NOTE: THtS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL **ApplfCation must be approved by local government before submission tp DLLC US8 ONLY Department of Liquor Licenses and Control. (Section #20) LICBNSL # 1. Name of Organization: i-uso A~,igos ae ~ r~anza 2. Non-ProfiULR.S. Tax Exempt Number: ~ 3. The organization is a: (check one box only), Q Charitable p Fraternal (must have regular membership and in existence for over 5 years) p Civic ^ Political Party,13a0ot Measl:lre, or Campaign Committee Religious 4. What is the purpose of this event? Fur~{aiser For dance troupe 5. Location of the event: ~~ N• ca~a cr~nde ~+- Addn3ss of physigl location (Not P.O. Box) Applicant must be a member of the quallivlna organization and the Organizatlon named irr Question #1. (Signature r+eguired in 6. Applicant: ~°"'~$ Ma"u~ Last First Tucson Ptma es7aa City County Zip authorized by an Officer. Director or Chairoerson of section #181 o. ~ Middle Date of Birth 7. Applicant's Mailing Address: P.o. Box ss12a 'Tucson Arizona ss~sa Street City State Zip 8. Phone Numbers: (~ ~ 437-7919 (~0 )sea-sseo (szo )~ Site C+wner # Applicants Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remerr~ you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.MJP.M. To A.M./P.M. Day 1: 3/7/2010 Sunday 10: 00 am 11:00 pm Day 2: 3/8/2010 Monday 5:00 pm 11:00 pm Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Tic oroe os12009 *1?isabled illdiVlduat4 requiring special accommodations, please call (602) 54~-.9027 Regular Council Meeting -February 18, 2010 -Page 18 of 80 10. Has the applicant been convicted of a felony in the past five ears, or ad a liquor license revoked? ES~O (attach exalanation if ves) (~"~G~ TTT 11. This organization has been issued a special event license fors days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANI7ATION Al~PLYING INUST RECEIVE 25°~6 OF THE GROSS RE~N111=5 01= ~`HE Si~EC1AL EVENT LIiZUOR SALES. Name TUSD Amigos tie la Danza 25% Peroentage Address P•O. Box 86124 ,Tucson, AZ 85754 Name Pinnacle Cont~ssions LLC 75°~ Percentage Address Dr. Tucson, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALGOHDLIG BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of setxrritylpolice personnel and type of fenang or control harriers if applicable} # Police ~ Fencing 2 # Security personnel [] farriers Alcoholic Beverages be to served in encbsed area with chedcpoirrts at entrarn~esfexits. 1ti. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO if yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ~_ } ame usmess Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your spet~t event licensed premises. Please show dimensions, serving areas, fenang, barricades or other control measures and security positions. Regular Council Meeting -February 16, 2010 -Page 19 of 80 THIS SECTION_TO BE CO PLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I. Manuel O. Contreras ~~ tit I am an OH'iceripinecbodChairoerson a ppointing the (Print full name) applicant list in Question to apply on behalf of the foregoiAng~orc~anizaticn for a Special Eve L'puor License. (signature (TiNe/Posiilihon)n ) (Phone #) Debra Picerao State of !"1" ~ Courrty of c C/ Notary~Pablic -Arizona '~ f Olrt instrUlrteftt VIraS aCknowled PIMA COUNTY ~9 9 ged before rr>e this iKy C11ZAY 31 2011pires O ~'n My Commission expires on: _~ ~1 , 20 (rl ~~ (Dater- (Sign rie of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. 1, Manuel O. Contreras deGare that I am the APPLICANT filing this application as (Print full name) listed in t~estion 6. I have read the application acrd the contents and all statements are true, correct and complete. State of /i' 7/ County of ~ ~~- ~' The foregoing instrurrrent vvas acknowledged before me this ra Picerno 3 /t-~,Gj ~Q~ Nota Public -Arizona [ PI~ COUNTY Day Monltr~ Year My Com~issioa_Exppes _ _ , _ _ ,, /~ !/ ~..---~ My You must obtain Ioca1 government aolaroval. City or Courrtv MUST recommend event and comutete item #20. The local governitxt body may require additional anulications to be corrloleted and submitted 60 davf3 in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, (Government Offiaal) (Title) hereby necornmerrd this speaal event application on behalf of (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLG DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) Regular Council Meeting -February 16, 2010 -Page 20 of 80 State of Arizona Department of Liquor Ucenses and Control 800 W. Washington, 5th -Floor Phoenix, AZ 85007 www:azliquorgov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks. (A.R.S.§ 44-G85~) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL **Application must be approved by local government before submission to nr~c Uss ot~.Y Department of L~uor Licenses and Control. (Section #ZO) LiCExs~ # 1. Name of Organization:- Tuso /vnlgos de la Danza 2. Non-Profit/LR.S. Tax Exempt Number. 3. The organization is a: (check one box only) Q Charitable ^ Fraternal (must have regular membership and in existence for over 5 years) p Civic ^ Political Party, Batlot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? Fund--raiser for dance troupe 5. Location of the event: ssol N. case Grande Hwy Tucson Pima 85743 Address of physical location (Not P.O. Box) City County Zip A~~Ilcant must be a member of the gualifving organtzation and authorized by an OFllcer Directar or Chairt-erson of the Organization named in Question #1 (Signature required in section #181 6. Applicant: OO"TMef~$ Manuel O. Last First Middle Date of Birth 7. Applicant's Mailing Address: P.o. Box 86124 Tucson Arimna 85754 Street City State Zip 8. Phone Numbers: (~~ ~ 437-7919 (520 ~ 8z4-858Q (52(1 ~ - Site Ovarler # Applicant's Business # ~ Applipnt's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell ak:ohol before 10:00 a.m. ort Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 3/11/2010 Thursday 5:00 pm 11:00 pm Day 2: 3/12/2010 Friday 5:00 pm 1 L•00 pm Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: ix oto5 osrzoo9 *Disabled individuals requiring special accommodations, please call (602) 549027 Regular Council Meeting -February 16, 2010 -Page 21 of 80 10. Has the applicant been convicted of a felony in the past five ars, had a liquor license revoked? ES ~NO aattach exalanation if ves) 11. This organization has been issued a special event license for ' days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ~ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations- who will receive the proceeds. Account for 100°h of the proceeds. THE ORGANl2'ATION APPLYING IIMUST REC~NE 25% Ol^ THE GROSS REVENUES OF tHE SPECIAL EVENT LIQUOR SALES. Name TUSD Amigos de la Danza 25% Percentage Address P.O. Rox 86124 ,Tucson, AZ 85754 Name Pinnacle Concessions LLC 75% Percentage Address Dr. Tucson, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE .FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What securii)r and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police (] Fencing 2 # Security personnel p Barriers Alcxrhotlc Beverages be to served in endosed area with checkpoints at entrancesJexits. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES ~ NO 1f yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ( ) Name o usiness hone um er 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your speaal event licensed premises. Please show dimensions, serving areas, fenang, barricades or other control measures and security posiitions. Regular Council Meeting -February 16, 2010 -Page 22 of 80 THIS SECTION TO BE COMPLETED ON!_Y BY AN.OFFICER. DJRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN C2UESTION #1 18. I Manuel O. Contreras ~gare that I am an hairprtson appointing ttre Print full name) applicant I' in Question appty on behalf of the foregoing organization for a Special Event Liquor License. x /1~~~/ ~ ~~r~rrfv` (Signature (Title/Position) -~~~~~~ (Phone #) of ~ ~ County of" Debra Picerno The foregoing instrument was acknowl ged before me this Notaryyr ~Peblic -Arizona b , PIMA COiJNTY ~ ~ ~ ~; Niy Commission Expires --- MAY 3l, 2011 pay Year My Commission expires on: "~ ( (Sign re of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19 I Manuel O. Contreras declare that i am the APPLICANT filing this application as (Print fup name) listed in (~estion 6. I have read the application and the contents and all statements are true, correct and complete. State of ~ ~ County of ~ t~ The fo-egoing instrument was adknowledged be re rrre this My pay ~DGI Year My You must obtain local taovemment approval. City or Countv MUST recommend evert and eomolete item #Z0. The 1oca1 stoverninti body may require additional aaplications to be canple#ed and submitted 60 davt3 in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby r~nrnend this special event application (GovemrrreM Offiaal) (Trtle) on behalf of (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) Regular Council Meeting -February 16, 2010 -Page 23 of 80 State of Arizona Department of Liquor Licenses and Control 800 W. Washington, 5th: Floor Phoenix, AZ 85007 www.azliquorgav (602)542-5141. APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL **Application must be approved by bcal government before submission to nLLC usE orrLY Department of Liquor Licenses and Control. (Section #20) LIC~TSB # 1. Name of Organization: Tuso anigvs de ~ Danza 2. Non-Profit/LR.S. Tax Exempt Number. ~~ 3. The organization is a: (check one box only) Q Charitable ^ Fraternal (must have regular membership and in existence for over 5 years) ^ Civic (] Political Party, Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? Fund=raiser for dance troupe 5. La,ation Of the event: 6901 N. Casa Grande Hwy. Tucson Pima 85743 Address of physical location (Not P.O. Box) Ciiy County Z'ip Apalicant must be a member of the qualifirfncl organization and authorized by an Officer. Director or Chairperson of the Organization named in Question #1. [Signature required in section #'!81 6. Applicant: ~"'~~ Ma~ue~ o. ~ Last First Middle [rate of Birth 7. Applicants Mailing Address: P.o. Box 8612a Tucson Arizona 85754 sneer city stag zip 8. Phone Numbers: (520 ~ 437-79,9 (szo ~ sza-aseo (szo ~ ~ Site Owner # Applicants Business # Applicants Home # 9. Date(s) 8c Hours Of Event: {Remerr>ber. you sell ah~otwl before 10:013 a.m. on Sunday) Date .Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 3!14/2010 Sunday 10:00 am 11:00 pm Day 2: 3/15/2010 Monday 5:00 pm 11:00 pm Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Uc oroe osnoo9 *13nsabled individuals requiring special accommodations,please call (602) 549027 Regular Council Meeting -February 16, 2010 -Page 24 of 80 10. Has the applicant been convicted of a felony in the past five ars, r had a liquor license revoked? r~,~~ES ~NO (attach explanation if ves) 11. This organization has been issued a special event license fors days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO if yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Acxount for 100% of the proceeds. THE ORGANISATION APPLYING MUST RECENE 25~1o OF THE GROSS RI=1/ENUES OF' THE SPECIAL EVENT LIQUOR SALES. Name TUSD Amigos de la Danza 25% PeroerMape Address P.O. fox 86124 ,Tucson, A~ 85754 Name Pinnacle Concessions LLC 75°k Percentage Address _Dr. Tucson, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this appl"ication, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this evert? (List type and number of security/police personnel antl type of fencing or control tamers if applicable) # Police Q Fencing z # Security personnel p Farriers Alcoholic Beverages be to served in enclosed area with checkpoints at entrances/exits. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO 1f yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? Q YES ^ NO (ATTACH COPY OF AGREEMENT) .~^ ) ame usrness hone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The folkwving page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -February 16, 2010 -Page 25 of 80 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON_OF THE.. ORGANIZATION NAMED IN QUESTION #1 18. I Manuel O. Contreras dedan? that I am an lraimetgoti appointing the (Print full name) applicant list Ain Question 6, to apply on behaff of the forngoing organization for a Special Event Liquor L'roense. (Signature (Titie/Position) _`~~ (Phone#) e of ~ y County of ~ `~ Debra Picerno The foregoing instrument was adcnoMAedged before me this Nota Public -Arizona y PI~ COUNTY (/ My Commission Expires ~ `~~ ~( ~ MAY 31, 2011 Day Year My Commission expires on: '',~ ~.~ir/''y' ( ) (~aturie of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED !N QUESTION #6 19. I Manuel O. Contreras dedane that I am the APPLICANT filing this application as (Print full name) listed in Question 6. 1 have read the application and the oDrtterrts an'd all statements are true, corned and oarrtplete. State The fior+egarg instrument was a~dcno~ged before t!i'rs NotaDePn6fic - Arizona ~ / ~"r~ ~ ~a PI~ COUNTY ~, MY Commission Fe..;..e.. DaY Year My You must obtain local rtovernment approval. City or County MUST recommend event and c The local sloverninsl body may irettuire additional twlit~tions to be completed and subn in advance of the event. Additional licensing fees may also be required before approval may LOCAL GOVERNING BODY APPROVAL SECTION 20. i, hereby r+ecwrrrmertd this speaai event appiir,~tion (Titre) on behalf of (City, Town or County} (Signature of OFFICIAL) (~) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee) (Date) Regular Council Meeting -February 16, 2010- Page 26 of 80 State of Arizona Departrnent of Liquor Licenses and Control 800 W. Washington, 5th Floor Phoenix, AZ 85007 www.azliquorgov (602)542-5141 APPLICATION. FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST SE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL **Appiication must be approved by local government before submission to Di.i.c vsiti orrr.Y Department of Liquor Licenses and Cort~r+ol. (Section #ZOj r,xc>snrss # 1. Name of Organization: Two Amigos ~ ~ t 2. Non-Profit/1.R.S. Tax Exempt Number:. ~~~ 3. The organization is a: (check one box only) Q Charitable ^ Fraternal (must have regular membership and in existence for over 5 years) ^ Civic ^ Politics! Party, Ballot Measure, or Campaign Committee ^ Religious 4. -What is the purpose of this event? Fund=raiser for dance troupe 5. LOCatIOn Of the event: 6901 N. Casa Grande Hwy. Tucson Pima 85743 Address of physical location (Not P,O. Box) City County Zip Aaolitant must be a member of the aualifirina organization and authorized by an Officer. Director or Chairperson of the Omanization named in Question #1. 1Sianature required in section #18) 6. Applicant: comre~ Manuel o. ~ Last First Middle Date of Birth 7. Applicants Mailing Address: P.o. Box 136124 Tucson Arizona as754 Street city .state Zip 8. Phone Numbers: (~ j a37-7919 (szo j sea-s56o (s2o )~ Site Owner # Applicants Busir>ess # Applicant's Home # 9. Date(s) & Hours Of Event (Remember. you cannot seN akaohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 3/1 812 01 0 Thursday 5:00 pm a 1:00 pm Day 2: Day 3: Day 4: .Day 5: Day 6: Day 7: Day 8; Day 9: Day 10: rig orob osrtoo9 *Disabled individaals requiring spec~l sc~wmmodations,please caII (602) 542-9M7 Regular Council Meeting -February 16, 2010 -Page 27 of 80 10. Has the applicant been convicted of a felony in th,~eQpa_sltfi}ve~ears, or ad a liquor license revoked? 'iV i ES [yyNO (attach e~mlanation if ves) 11. This organization has been issued a special event license for 10 days this year, including this event (not to exceed 1 D days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Acxount for 100°,6 of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25°A Off' 1`HE GROSS RE1/ENUI=S OF THE Sp1=CIAL EVENT LIQUOR SALES. Name TUSD Amigos de la Danza 25% Address P.O. Rox 86124 , Ttx~°n, AZ 85754 Name Pinnacle Concessions LLC 75% P Address Dr. Tucson, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number ofsecurity/police personnel and type of fencing or control barriers if applicable) # Police p Fenang # Security personnel Q Barriers Alcoholic Beverages be to served in enclosed area with Checkpoint at entrenoe5/exits. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES [+~ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACW COPY OF AGREEMENT) t ) ame o uslness hone umber 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positrons. Regular Council Meeting -February 16, 2010 -Page 28 of 80 ~~~ ~~ ~~~ ~: WIA-..as yARdiA 11555 W. CHIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, February 16, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2010-16: Relating to Personnel; approving and authorizing staff to implement the Separation Incentive Plan (SIP) for fiscal year 2011; and declaring an emergency Discussion: On February 9, 2010, during a special council meeting, staff made a presentation and recommended adoption of the Separation Incentive Plan (SIP) as one of two voluntary pay reduction options that could be offered to employees to create savings for FY 2011. This item required an affirmative vote of three-fourths of the council and only 5 of the 7 council members were present. Therefore, council directed that this item be returned for consideration at tonight's meeting. Similar to last year's plan, the SIP is being offered again for the coming fiscal year for employees who wish to voluntarily resign or retire from Town employment. The plan incentives are similar to those in last year's plan with a few exceptions, including a longer election period (giving employees more time to think about electing this option), a longer period in which to separate, and a reduced incentive package for those who elect to separate in the latter part of the program. A summary of the key features of the SIP follows: 1. Employees must declare their intent to .participate in the program during the election period running from March 1 through Apri130, 2010. 2. Employees will be required to submit a written notification of their decision to retire or resign stating they will leave Town employment in either one of two time periods. Those who elect to separate employment from July 1 through September 30, 2010, will receive the full incentives associated with the SIP as described below. Those who elect to separate from employment October 1 through December 31, 2010, will receive 50°10 of the incentives associated with the plan. SIP Incentives For Separations July 1 -September 30, 2010 * 50°10 payout of the employee's unused sick leave balance. * Town-provided life insurance at no cost to the employee for one year at one times the employee's annual salary. * $150 per month subsidy for up to six months to offset the costs of COBRA medical coverage or Regular Council Meeting -February 16, 2010 -Page 30 of 80 medical coverage under one of the Town's retirement plans. (Under current Town policy and federal law, employees may elect COBRA to continue their medical benefits for up to 18 months.) * Severance pay at 1.5 to 2% per year for each year of Town employment prorated to the pay period, not to exceed $50,000. The percentage of base salary that will be used to calculate an employee's severance pay will be based upon the employee's years of service to the Town, as follows: 0 to 10 years = 1.5% > 10 to 15 years = 1.75% > 15 years = 2.0% SIP Incentives For Separations October 1 -December 31, 2010 * 25% payout of employee's unused sick leave balance. * Town-provided life insurance at no cost to the employee for six months at one times the employee's annual salary. * $75 per month subsidy for up to six months to offset the costs of COBRA medical coverage or medical coverage under one of the Town's retirement plans. * Severance pay equal to 50% of the severance formula described above, not to exceed $50,000. The SIP program outline is attached to the Resolution for this item. It should be noted that 100% of an employee's accrued vacation leave time and compensatory time will be paid as it would be for any separation. ATTACHMENTS: Name: O Reso re .SIP approval_for FY 20..1_.1_.(000191.19-2~.DOC ^ EX_A_SIP FY 201.1, Program_Outlne...(00019146- 2~.DO...C. Description: Resolution SIP Outline and Sample Agreement 2011 Type: Resolution Exhibit Staff Recommendation: Staff recommends that the SIP be approved as presented and that staff be authorized to implement the SIP as set forth in the program outline. Suggested Motion: I move to adopt Resolution No. 2010-16, approving and authorizing staff to implement the Separation Incentive Plan for fiscal year 2011; and declaring an emergency. Regular Council Meeting -February 16, 2010 -Page 31 of 80 MARANA RESOLUTION N0.2010-16 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING STAFF TO IMPLEMENT THE SEPARATION INCENTNE PLAN (SIP) FOR FISCAL YEAR 2011; 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 Separation Incentive Plan (SIP) for fiscal year 2011 as described in the SIP 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 Separation Incentive Plan (SIP) for fiscal year 2011 as described in the SIP 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 Separation Incentive Plan, to include the execution of separation agreements in compliance with the provisions of the Separation Incentive Plan as described in the SIP program outline. 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 16~' day of February, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -February 16, 2010 -Page 32 of 80 {00019119.DOC / 2} EXHIBIT A TO MARANA RESOLUTION NO. 2010-16 SEPARATION INCENTIVE PLAN (SIP) PROGRAM OUTLINE FISCAL YEAR 2011 The purpose of the Separation Incentive Plan (SIP) is to facilitate reductions to the Town's FY 2011 budget during the current economic crisis by providing incentives to retirement-eligible and other employees who wish to voluntarily separate their employment with the Town. The SIP, as described in this program outline, shall apply through FY 2011 only, subject to the timelines described herein. Eligibility This program applies to all Town departments and to all classified and unclassified employees who are retirement-eligible in either the Arizona State Retirement System or the Public Safety Personnel Retirement System and to all benefit-eligible classified and unclassified employees who elect to resign. Definitions 1. Benefit-eligible-regular full- and part-time classified and unclassified employees. Part-time employees must have a normal schedule that is at least 20 hours but less than 40 hours per week. 2. ASRS-Arizona State Retirement System 3. COBRA-Consolidated Omnibus Benefits Reconciliation Act-provides that covered employees and their qualified beneficiaries may continue health insurance coverage under the Town of Marana's health plan when a qualifying event such as loss of employment would normally result in the loss of eligibility. 4. Election Period -March 1, 2010 through Apri130, 2010 5. FY 2011-July 1, 2010 through June 30, 2011. 6. Incentives-one-time financial assistance to support the retirement-eligible or resigning employee in his or her transition. 7. PSPRS-Public Safety Personnel Retirement System. 8. Retirement-eligible employees-employees who have accumulated the necessary credited service in a public entity retirement system or in the military service and/or attained the necessary age to qualify for ASRS or PSPRS retirement. This applies to both early and normal retirements. 9. Timeline-the dates within which retirement-eligible and resigning employees must notify the Town of their decision to retire and/or resign. Policies and Procedures Election 1. Employees who decide to separate their employment and take advantage of this program must notify the Human Resources Department of their decision to elect retirement or to resign. 2. The Human Resources Department must receive the notification during the election period and no later than close of business (5:00 p.m.) April 30, 2010. The retirement or resignation must be effective no later than December 31, 2010. 3. An employee's election to resign or retire is irrevocable as of the close of business (5:00 p.m.) April 30, 2010. {00~~~&~~I Meeting -February 16, 2010 -Page 33 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-16 4. The Human Resources Department will respond to all employees who electoo-participate in this program and may contact ASRS or PSPRS if requested by the employee. Incentives Employees who separate between July 1 and September 30, 2010 will receive 100% of the incentives. Employees who separate between October 1 and December 31, 2010 will receive 50% of the incentives. • Incentives if Separating July 1-September 30, 2010 1. Sick-Leave Payout. Participants will receive a payout at 50% of their accrued sick leave balance. 2. Life Insurance Continuation. Participants will remain on the Town's basic life insurance plan at the Town's expense at one times their salary for one year. 3. Medical Plan Subsidv. This subsidy will be available to the participant only if the participant is (a) eligible for COBRA coverage or the ASRS or PSPRS retirement health care coverage and (b) elects coverage under COBRA, ASRS or PSPRS during the election period. Eligible participants will receive a subsidy of $150 per month for up to six months following their separation to offset the costs of COBRA continuation coverage or coverage under the participant's retirement health care plan. This subsidy shall be payable directly to the participant's health care plan. The Town will not pay the subsidy for any other type of health insurance coverage. The Town will pay the subsidy only for those months that the participant elects COBRA, ASRS or PSPRS health care coverage, for a maximum o£ six months. If the participant discontinues COBRA, ASRS or PSPRS health care coverage for any reason before the end of the six-month period, the Town will discontinue payment of the subsidy as well. This subsidy does not take the place of any subsidy offered directly by the retirement plan, but is in addition to any such subsidy. 4. Severance Pav. Participants will receive severance pay in an amount equal to a percentage of the participant's annual base salary multiplied by the participant's length of service with the Town. The percentage of base salary that will be used to calculate a participant's severance pay will be based upon the participant's length of service with the Town and the date of separation as elected by the participant as follows: Length of Service % of Annual Base Salarv 0 to 10 years 1.5% >10 to 15 years 1.75% > 15 years 2.0% Examples: • $40,000 annual base salary, 5 years of service: $40,000 x .015 = $600 x 5 years = $3,000 severance pay • $40,000 annual base salary, 11 years of service: $40,000 x .0175 = $700 x 11 years = $7,700 severance pay • $40,000 annual base salary, 16 years of service: $40,000 x .02 = $800 x 16 years = $12,800 severance pay Participants will receive credit for partial years of service under this formula. Notwithstanding this formula, the total amount of severance pay that will be paid to any participant is capped at a maximum of $50,000. • Incentives if Separating October 1-December 30, 2010 {00(~~~t~7~~1 Meeting -February 16, 2010 -Page 34 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-16 1. Sick-Leave Pa,~out. Participants will receive a payout at 25% aftheir accrued sick leave balance. 2. Life Insurance Continuation. Participants will remain on the Town's basic life insurance plan at the Town's expense at one times their salary for six months. 3. Medical Plan Subsidv. This subsidy will be available to the participant only if the participant is (a) eligible for COBRA coverage or the ASRS or PSPRS retirement health care coverage and (b) elects coverage under COBRA, ASRS or PSPRS during the election period. Eligible participants will receive a subsidy of $75 per month for up to six months following their separation to offset the costs of COBRA continuation coverage or coverage under the participant's retirement health care plan. This subsidy shall be payable directly to the participant's health care plan. The Town will not pay the subsidy for any other type of health insurance coverage. The Town will pay the subsidy only for those months that the participant elects COBRA, ASRS or PSPRS health care coverage, for a maximum of six months. If the participant discontinues COBRA, ASRS or PSPRS health care coverage for any reason before the end of the six-month period, the Town will discontinue payment of the subsidy as well. This subsidy does not take the place of any subsidy offered directly by the retirement plan, but is in addition to any such subsidy. 4. Severance Pav. Participants will receive severance pay in an amount equal to a percentage of the participant's annual base salary multiplied by the participant's length of service with the Town, then multiplied by 50%. The percentage of base salary that will be used to calculate a participant's severance pay will be based upon the participant's length of service with the Town as follows: Length of Service % of Annual Base Salary 0 to 10 years 1.5% >10 to 15 years 1.75% > 15 years 2.0% Examples: • $40,000 annual base salary, 5 years of service: $40,000 x .015 = $600 x 5 years = $3,000 x .50 = $1,500 severance pay • $40,000 annual base salary, 11 years of service: $40,000 x .0175 = $700 x 11 years = $7,700 x .50 = $3,850 severance pay • $40,000 annual base salary, 16 years of service: $40,000 x .02 = $800 x 16 years = $12,800 x .50 = $6,400 severance pay Participants will receive credit for partial years of service under this formula. Notwithstanding this formula, the total amount of severance pay that. will be paid to any participant is capped at a maximum of $50,000. Separation Agreement Employees who elect to retire or resign and accept the SIP incentives will be required to enter into a separation agreement with the Town. Sample separation agreements will be available for employees' review during the election period. Employees must sign and return the separation agreement to the Human Resources Department by the deadline specified by the Human Resources Department in order to be eligible for the SIP incentives. Failure to sign and return the separation agreement by the deadline specified by the Human Resources Department will result in the employee's disqualification from the SIP program and no incentives will be paid; however, the employee's election to resign or retire remains irrevocable as of close of business (5:00 p.m.) April 30, 2010. {00(~~~j~a~&~t;n~il Meeting -February 16, 2010 -Page 35 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-16 Separation Incentive Program Notification Form .Employee Name: Department Name: Supervisor Name: Date: Current Job Title: I elect to participate in the Town of Marana Separation Incentive Program (SIP). I intend to separate my employment with the Town of Marana via: ^ Retirement ^ Resignation Effective Date (no later than December 31, 2010) I understand that the election to separate my employment with the Town is irrevocable as of the close of business (5:00 p.m.) Apri130, 2010. I understand that by participating in the SIP, I will receive the following incentives which I am not otherwise entitled to: A. Sick leave accrual payout depending on the date of my separation in accordance with the following schedule: Separation Date % of Sick Leave Payout July 1-September 30, 2010 50% October 1-December 31, 2010 25% B. Continuation of the Town of Marana basic life insurance for the employee only for one year if separating July 1 through September 30, 2010; or for six months if separating October 1-December 31, 2010. C. Severance pay in an amount equal to a percentage of annual base salary multiplied by length of Town service, to a maximum of $50,000 if separating July 1 -September 30, 2010; or 50% of the same benefit if separating October 1- December 31, 2010. D. For those employees who are eligible and elect coverage under COBRA or the ASRS or PSPRS retirement medical provider, a medical premium subsidy of $150/month for up to 6 months if separating July 1-September 30, 2010, or $75/month for up to 6 months if separating October 1-December 31, 2010, to assist with the cost of premiums under either the Town COBRA coverage or the ASRS or PSPRS retirement medical coverage. The Town will not pay the subsidy for any other type of health insurance coverage. The Town will pay the medical premium subsidy directly to the health insurance provider, not the employee. If the employee discontinues coverage under COBRA or the retirement medical provider for any reason, the Town will discontinue payment of the subsidy. I select the following medical coverage option: ^ Waive ^ COBRA ^ASRS ^PSPRS I select the following payout option for sick leave bank payout and severance pay: ^ Lump sum payout ^ Payout over pay periods (maximum of 12) I understand that in order to receive the SIP incentives listed above, I will be required to enter into a separation agreement with the Town of Marana. Final payment of all incentives will only be made upon the Town's timely receipt of a fully executed Separation Agreement. Name Signature Date {00~~~&~~I Meeting -February 16, 2010 -Page 36 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-16 SAMPLE SEPARATION AGREEMENT This Agreement effects an agreeable separation of the employment relationship between ("EMPLOYEE") and the TOWN OF MARANA ("EMPLOYER"), as well as resolution of any claims, known and unknown, now existing between the parties. The terms of this Agreement are as follows: 1. Resignation. EMPLOYEE agrees to voluntarily retire/resign from employment with EMPLOYER effective (hereinafter referred to as the "Resignation Date"). 2. Consideration. Upon execution of this Agreement, and in consideration for each of the terms of this Agreement, EMPLOYER will provide EMPLOYEE with the following: a. EMPLOYEE will be paid severance pay in an amount equal to % of EMPLOYEE' S annual base salary as of the Resignation Date multiplied by EMPLOYEE'S years of service with EMPLOYER as of the Resignation Date, [multiplied by SO% if separation date between October 1 and December 31, 2010] for a total amount of $ b. EMPLOYEE will be paid for % of unused, accrued sick leave as of the Resignation Date, calculated based on the EMPLOYEE'S annual base salary as of the Resignation Date. IT F,R4PLOYEE C~IOOSES COBRA OR RG~hIREMENT PLAN c. If EMPLOYEE elects health insurance coverage through EMPI>nYEE'S retirement health care plan under the Arizona State Retirement System (ASRS) [cn the Puhlic Safety Personnel Retirement System (PSPRSj.~ EMPLOYER will pay [$150 or $75, depending on date of separation] per month directly to EMPLOYER'S health care plan on EMPLOYEE'S behalf to subsidize the cost of EMPLOYEE'S health insurance premiums for up to six months. If EMPLOYEE discontinues coverage under EMPLOYEE'S retirement health care plan before the end of the six-month period, EMPLOYER will discontinue payment of the subsidy as well. -OI:- c. If EMPLOYEE elects COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) continuation coverage through EMPLOYER'S COBRA administrator, EMPLOYER will pay [$1 SO or $75, depending on date of separation] per month directly to EMPLOYER'S COBRA administrator on EMPLOYEE'S behalf to subsidize the cost of EMPLOYEE'S COBRA premiums for six months. If EMPLOYEE discontinues COBRA coverage before the end of the six-month period, EMPLOYER will discontinue payment of the subsidy as well. SE[:ECT APPROPRIATE PAY147ENI- MLTHUll d. The amounts payable under paragraphs a and b, above, shall be paid in a lump sum, less applicable state and federal withholding taxes as required by law. Payment shall be made by direct deposit to EMPLOYEE'S bank account currently on record with EMPLOYER within 5 business days after the Resignation Date or within 5 business days after this Agreement is fully executed by all parties, whichever is later. -C7R- d. The amounts payable under paragraphs a and b, above, shall be paid in the following manner: in biweekly payments, less applicable state and federal withholding taxes as required by {00(~~$&~~i Meeting -February 16, 2010 -Page 37 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-16 law. The payments shall be made by direct deposit to EMPLOYEE'S bank account currently on record with EMPLOYER on EMPLOYER'S regularly scheduled pay dates, beginning on the next regularly scheduled pay date after the Resignation Date or the next regularly scheduled pay date after this Agreement is fully executed by all parties, whichever is later. e. If EMPLOYEE is deemed eligible for coverage by EMPLOYER'S life insurance carrier, EMPLOYEE will remain on EMPLOYER'S life insurance plan at EMPLOYER'S expense at one times EMPLOYEE'S annual base salary as of the Resignation Date for [six or 12 months, depending upon date of separation] after the Resignation Date. f. EMPLOYER does not make any representations as to the taxability of any item paid pursuant to paragraphs a, b, c and a above, and EMPLOYEE agrees that shall have sole responsibility and be liable for any federal or state taxes which may be required by virtue of receipt of funds or benefits pursuant to this Agreement and agrees to indemnify and hold harmless EMPLOYER against any and all liabilities including but not limited to taxes due, penalties assessed for unpaid taxes or any costs or fees incurred by EMPLOYER should the taxability of any part of the payments or benefits be challenged by any taxing authority. 3. Release and Covenant Not To Sue. EMPLOYEE agrees that will not initiate or cause to be initiated against the TOWN OF MARANA or any of its current, past, or future agents, attorneys, insurers, council members, elected officials, employees, subsidiaries, affiliated entities, or any person or entity acting by, through, under or in concert with it, in both their personal and official capacities, (collectively referred to as "Released Parties") any lawsuit, compliance review, action, grievance proceeding or appeal, investigation or proceeding of any kind (collectively referred to as "claims"), or participate in same, individually or as a representative or a member of a class, under any contract (express or implied), law or regulation (federal state or local), including but not limited to claims pertaining to or in any way related to employment or termination of employment with EMPLOYER. EMPLOYEE agrees that pursuant to this Agreement, releases and forever discharges EMPLOYER and the other Released Parties from any and all claims, demands, damages, causes of action, and any liability whatsoever, including but not limited to claims on account of or in any manner arising out of EMPLOYEE'S employment or termination of employment with EMPLOYER. By way of example only, and without limiting this release, EMPLOYEE releases EMPLOYER and the other Released Parties from any cause of action, right, claim or liability under Title VII of the 1964 Civil Rights Act, as amended, the Family and Medical Leave Act, the United States Constitution or Arizona Constitution, the Arizona Wage Statute, the Arizona Civil Rights Act, the Arizona Employment Protection Act, the Americans with Disabilities Act, and any other equal employment opportunity law or statute, any due process or other constitutional theory, any Arizona statute, any federal statute, any common law claim including wrongful discharge, implied or express contract, the covenant of good faith and fair dealing, or any other claim in tort or contract arising under any theory of the law. EMPLOYEE understands and acknowledges that this release forever bars from suing or otherwise asserting a claim against EMPLOYER or the other Released Parties on the basis of any event occurring on or before the effective date of this Agreement, whether the facts are now known or unknown, and whether the legal theory upon which such claim might be based is now known or unknown. 4. Provision for Unknown Claims. EMPLOYEE warrants that does not have. any claim, charge, or complaint, either formal or informal, pending against EMPLOYER or any of the other Released Parties with any court, tribunal, administrative agency, governmental agency, or other such body. EMPLOYEE further waives any right to monetary recovery should any administrative or governmental agency pursue any claim on behalf. {00(~~~&~i Meeting -February 16, 2010 -Page 38 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-16 5. Bar. EMPLOYEE agrees that this Agreement may be pleaded as a complete bar to any action or suit with. respect to any claim under federal, state or other law including, but not limited to, any claim relating to employment or termination of employment from EMPLOYER. 6. Indemnification. EMPLOYEE agrees to indemnify and hold harmless EMPLOYER and the other Released Parties from and against any and all loss, costs, damages or expenses, including without limitation, attorneys' fees, arising out of a breach of this Agreement or the fact that any representation made herein was false when made. 7. Denial of Liability. No provision of this Agreement shall be construed as an admission by EMPLOYEE or EMPLOYER of improper conduct, omissions or liability. 8. Notice of Time for Reflection. EMPLOYEE acknowledges that this Agreement constitutes written notice from EMPLOYER that should consult with an attorney before signing this Agreement, and acknowledges that has fully discussed all aspects of this Agreement with attorney to the extent desires to do so. EMPLOYEE agrees that has carefully read and fully understands all of the provisions of this Agreement and that is voluntarily entering into this Agreement. EMPLOYEE agrees that, as part of this agreement, has been provided with consideration in addition to anything of value to which EMPLOYEE is already entitled. EMPLOYEE has also been provided with a reasonable opportunity to review and consider this Agreement. -OR (For Employee Over 40 Years of Age): [8. Notice of Time for Reflection. EMPLOYEE is advised as follows pursuant to the Older Workers' Benefit Protection Act, because is over 40 years of age and in this Agreement waives claims for age discrimination: a. This Agreement constitutes written notice from EMPLOYER that EMPLOYEE should consult with an attorney before signing this Agreement, and acknowledges that has fully discussed all aspects of this Agreement with his attorney to the extent desires to do so, b. EMPLOYEE has carefully read and fully understands all of the provisions of this Agreement and is voluntarily entering into this Agreement. c. As part of this Agreement, EMPLOYEE has been provided with consideration in addition to anything of value to which is already entitled. d. Because is over 40 years of age, prior to waiving claims for age discrimination that EMPLOYEE may have under the Age Discrimination in Employment Act, may take up to forty-five (45) calendar days to consider this Agreement before signing it. e. In the event EMPLOYEE chooses to sign this Agreement prior to the expiration of 45 calendar days, EMPLOYEE acknowledges that voluntarily and knowingly agrees to waive entitlement to take 45 days to consider this Agreement for the purpose of expediting the payment outlined in Section 2, above. f. EMPLOYEE may revoke this Agreement within seven (7) calendar days after signs this Agreement. If EMPLOYEE wishes to revoke this Agreement, or counsel will notes EMPLOYER in writing, addressed to Suzanne Machain, Human {OO~~~~i~U~l Meeting -February 16, 2010 -Page 39 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-16 Resources Director, at the Town of Marana Municipal Complex at 11555 W. Civic Center Dr., Bldg. A3, Marana, AZ 85653, delivered on or before the expiration of the revocation period. g. If EMPLOYEE does not revoke this Agreement before the expiration of the seven-day revocation period, the Agreement will become irrevocably effective and enforceable on the eighth (8th) calendar day after EMPLOYEE signs it. h. EMPLOYEE is aware is not waiving any rights or claims that may arise after the date this Agreement is executed. EMPLOYER'S exit incentive program applies to all of EMPLOYER'S classified and unclassified employees who are retirement-eligible and/or benefit-eligible. j. The eligibility factors for EMPLOYER'S exit incentive program are: eligible employees must be benefit-eligible, defined as regular full- and part-time classified and unclassified employees, with part-time employees working a normal schedule of at least 20 hours but less than 40 hours per week, and/or retirement-eligible, defined as employees who have accumulated the necessary credited service in a public entity retirement system or in the military service and/or attained the necessary age to qualify for ASRS or PSPRS retirement. k. The .time limits for this exit incentive program are that employees must notes EMPLOYER of their decision to elect retirement or resignation under the program by May 19, 2009, and employees must separate employment no later than August 31, 2009; additionally, eligible employees who are over the age of 40 will have forty-five (45) days from the date they receive this Agreement to consider whether to sign it. 1. The attached charts provide the job titles and ages of all individuals eligible for the exit incentive program (Exhibit A) and the job titles and ages of all individuals who have elected to participate in the exit incentive program (Exhibit B). EMPLOYEE understands that is waiving all rights and claims has or may have under the Age Discrimination in Employment Act, 29 U.S.C. Section 626, et seq., and any other federal, state, or municipal law or regulation relating to age discrimination.) 9. Return of Property. EMPLOYEE shall return all property of EMPLOYER in possession, including, but not limited to, any keys for EMPLOYER'S facilities as of the Resignation Date. parties. 10. Complete Agreement. This Agreement sets forth the entire Agreement between the 11. Choice of Law. This Agreement shall be construed, enforced, and governed by the laws of the State of Arizona. 12. Severability. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement. 13. Effective Date. This Agreement is effective upon execution by all parties. i0~~$&~~il Meeting -February 16, 2010 -Page 40 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-16 OR (For Employee Over 40 Years of Age): [13. Effective Date. This Agreement is effective upon expiration of the seven-day revocation period outlined in Section 8, above.] ***WARNING - DO NOT SIGN THIS AGREEMENT UNLESS YOU UNDERSTAND IT! THIS AGREEMENT INCLUDES A WAIVER OF YOUR RIGHTS!*** TOWN OF MARANA EMI'LOYEE By: Gilbert Davidson Town Manager By: Date: APPROVED AS TO FORM: Jane Fairall Deputy Town Attorney Date: {00~~$CJC~I Meeting -February 16, 2010 -Page 41 of 80 ~~~, ~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 16, 2010, 7:00:00 PM To: Mayor and Council Item A 2 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2010-17: Relating to Personnel; authorizing staff to implement a sabbatical program for fiscal year 2011; and declaring an emergency Discussion: On February 9, 2010, during a special council meeting, staff made a presentation and recommended adoption of the Sabbatical leave program as one of two voluntary pay reduction options that could be offered to employees to create cost-savings for FY 2011. This item required an affirmative vote of three-fourths of the council and only 5 of the 7 council members were present. Therefore, council directed that this item be returned for consideration at tonight's meeting. This item deals specifically with authorization for a voluntary sabbatical program which would allow employees an opportunity to take time off from work, without pay in FY 2011 in a minimum of 30-day increments. A summary of the key features of the Sabbatical plan include: 1. Sabbaticals will be open to all regular full- and part-time Town of Marana classified and unclassified employees who have successfully completed an initial evaluation (probationary) period. 2. Employees must declare. their intent to take a sabbatical during the election period running from March 1 through Apri130, 2010. The election is irrevocable as of close of business April 30, 2010. 3. Time off must be taken in increments of 30 calendar days; 30-day increments can be contiguous or intermittent. The maximum time off must not exceed 180 calendar days in the fiscal year. 4. Employees will maintain/accrue all benefits (except for retirement benefits) and seniority during the Sabbatical period(s) subject to making associated health care premium contributions. An unpaid Sabbatical will impact an employee's retirement benefit, subject to ASRS and PSPRS rules. HR will work with employees to consult with the retirement plans in order ensure that employees fully understand the consequences. 5. Time off is subject to operational considerations and must be approved by the department head, general manager and town manager. 6. The workload left by the employee on sabbatical must be able to be absorbed by existing Regular Council Meeting -February 16, 2010 -Page 42 of 80 staff. 7. Upon completion of a sabbatical, the employee will return to their position if the position is still available. Should a position not be available due to a reduction in force, the Town's Personnel Policies and Procedures for layoff will apply. The Sabbatical program outline is attached to the Resolution for this item. Financial Impact: The financial impact of this program will be known by the end of April, 2010. Authorization for an election period this year (March -April) is being requested so that planning can occur and proposed savings can be incorporated into the FY 2011 budget preparation. ATTACHMENTS: Name: Description: Type: ~ Reso re. Sabbatical program_approval._for FY 201.1- Resolution Resolution (00019250 2) D.OC O EX A Sabbatical _..._ Program_Outline FY_2011.. Exhibit A Sabbatical Program Outline Exhibit (00019176-2~. D.0.. C Staff Recommendation: Staff recommends that the Sabbatical program be approved as presented and that staff be authorized to implement the program as set forth in the attached outline. Suggested Motion: I move to adopt Resolution No. 2010-17, authorizing staff to implement a Sabbatical program for fiscal year 2011; and declaring an emergency. Regular Council Meeting -February 16, 2010 -Page 43 of 80 MARANA RESOLUTION N0.2010-17 RELATING TO PERSONNEL; AUTHORIZING STAFF TO IMPLEMENT A SABBATICAL PROGRAM FOR FISCAL YEAR 2011; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by Section 3-3-3 of the Marana Town Code to 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 finds that authorizing staff to implement the Sabbatical program for fiscal year 2011 as described in the Sabbatical 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 Sabbatical program for fiscal year 2011 as described in the Sabbatical 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 carry out the terms, obligations, and objectives of the Sabbatical program. 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 16~` day of February, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassid ,Town Attorney Regular Council Meetingv February 16, 2010 -Page 44 of 80 {00019250.DOC / 2} EXHIBIT A TO MARANA RESOLUTION NO. 2010-17 SABBATICAL PROGRAM OUTLINE The purpose of the Sabbatical Program is to provide employees with a means to take unpaid time off from work in increments of not less than 30 calendar days. A Sabbatical is considered a voluntary leave of absence. This program is offered to facilitate reductions to the FY 2011 budget during the current economic crisis. Definitions 1. Benefit-eligible-regular full- and part-time classified and unclassified employees. Part-time employees must have a normal schedule that is at least 20 hours but less than 40 hours per week. 2. Department Seniority-for the purposes of this program only, this is defined as the length of service in a department, from the most recent date of hire. 3. Election Period -March 1, 2010 through April 30, 2010 4. FY 2011-July 1, 2010 through June 30, 2011. 5. Sabbatical-unpaid time off from work in increments of not less than 30 calendar days; not to exceed 180 calendar days in the fiscal year. Sabbatical periods can be contiguous or intermittent. 6. Sabbatical Period-a unit of time measured as 30 calendar days. 7. Town Seniority the length of continuous service with the Town in a regular full-time or regular part-time position, from the most recent date of hire. Eligibility Regular full- and part-time classified employees who have successfully completed an initial evaluation period, as defined in the Town's Personnel Policies and Procedures, may voluntarily elect to take a Sabbatical pursuant to this program. Additionally, regular full- and part-time classified employees serving in an initial evaluation period in a promotional position, as defined in the Town's Personnel Policies and Procedures, may voluntarily elect to take a Sabbatical pursuant to this program; however, any unpaid time off work will not be credited toward the employee's successful completion of the initial evaluation period in the promotional position. Unclassified employees may voluntarily elect to take a Sabbatical pursuant to this program. Policies and Procedures 1. Employees who elect to participate in the Sabbatical Program must identify the number of Sabbatical days off they will take in FY 2011 by completing a voluntary Sabbatical election form. This form will be available from the Human Resources Department. The employee must submit the form to his/her Department Head and General Manager (if applicable). The employee's Department Head and/or General Manager shall take into account operational considerations in determining whether to approve or disapprove the request. If approved, the form will be forwarded to the Human Resources Department. All forms must be received by Human Resources during the election period. 2. The employee's election to take a Sabbatical is irrevocable as of the close of business (5:00 p.m.) Apri130, 2010. Regular Council Meeting -February 16, 2010 -Page 45 of 80 1 {00019176.DOC / 2; EXHIBIT A TO MARANA RESOLUTION NO. 2010-17 3. Requests for Sabbatical must be approved by the Town Manager before the employee may take the Sabbatical. 4. Time off must be taken in increments of 30 calendar days; 30-day increments can be contiguous or intermittent; the employee may take a maximum of 180 calendar days off as Sabbatical during the fiscal year. 5. Employees who elect a minimum of one Sabbatical period in FY 2011 will not be subject to any mandatory pay reduction requirements implemented by the Town Council as part of the FY 2011 budget if the budgetary savings achieved from the employee's Sabbatical is equivalent to or exceeds the mandatory pay reduction implemented by Council. 6. Employees who elect to take Sabbatical may still be subject to layoff and/or job elimination due to a shortage of work or funds or a material change in duties or organization. 7. The work load of the employee electing Sabbatical must be able to be absorbed by existing staff in a manner that will not incur overtime costs or additional expenditures. 8. Employees on Sabbatical will maintain their Town and department seniority. 9. While on Sabbatical, benefit-eligible employees will maintain all Town benefits associated with their current position (e.g. vacation sick leave accruals, health insurance), with the exception of retirement benefits. State law and ASRS and PSPRS rules determine an employee's retirement benefits and eligibility (see below). The Town will continue to pay the Town's portion of the health insurance premium. In order to remain health benefit eligible, it will be the responsibility of the employee to make timely payment of the employee's portion, if any, of the health insurance premium to the Finance Department. 10. A position left unoccupied by an employee on Sabbatical may be filled by a WRAP assignment if duties and responsibilities associated with the unoccupied position cannot be absorbed by other personnel. 11. Upon completion of a Sabbatical, the employee will return to his/her position, unless the Town has experienced a reduction in force and/or reduction in work hours due to a shortage of work or funds or a material change in duties or organization. If a position is not available due to a reduction in force, the layoff provisions of the Town's Personnel Policies and Procedures will apply. 12. Employees on Sabbatical shall not be paid for Town-approved holidays during the unpaid Sabbatical period. 13. Employees on Sabbatical shall not receive any vehicle or cell phone allowances during the unpaid Sabbatical period and shall return any Town-issued cell phones or take-home vehicles to the Town during the unpaid Sabbatical period. ASRS and PSPRS For employees participating in the Town's retirement programs (ASRS or PSPRS), unpaid Sabbatical leave will have an impact on the employee's retirement. Employees considering Sabbatical should consult with the retirement system to determine how the unpaid- Sabbatical will affect them. The Human Resources Department will assist employees as appropriate to facilitate employee consultation with ASRS and PSPRS. Regular Council Meeting -February 16, 2010 -Page 46 of 80 2 {00019176.DOC / 2} ~~~~ I X 1~~ ~ ~~~~ ~Rx,wwo paaaw 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 16, 2010, 7:00:00 PM To: Mayor and Council Item A 3 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2010-18: Relating to Personnel; approving and adopting amendments to the Worker Recession Assignment Program (WRAP) Discussion: On February 9, 2010, during a special council meeting, staff made a presentation and recommended adoption of an amended WRAP program. This item was discussed in conjunction with two other items (the Separation Incentive Program (SIP) and the Sabbatical program) that required an affirmative vote of three-fourths of the council and only 5 of the 7 council members were present. Therefore, council directed that all three items be returned for consideration at tonight's meeting. The WRAP was originally adopted as part of the FY 2010 budget reduction tools and remains in use as a valuable tool for the Town during these difficult economic times. After nine months of experience with the program, the program is being brought to Council for amendment aimed at clarifying certain provisions. The WRAP allows the Town to ensure workforce stability and institutional knowledge and to fully utilize organizational talent by providing a system where staff can be assigned to where they are most effective. The program allows for voluntary or directed reassignments for classified staff. The revised WRAP clarifies that time worked by the employee in the WRAP assignment will count for probationary time if the employee is subsequently assigned to the position on a permanent basis. Further, the layoff provision now more clearly states that if a WRAP assignment ends and the employee's regular position is or has been eliminated, only employees who remain in voluntary reassignments will not be subject to layoff. If an employee's regular position is impacted by layoff, the employee in the voluntary WRAP assignment, with a performance rating of "consistently meets" or higher, will not be subject to layoff action while on the assignment, regardless of seniority. An employee in a directed assignment will be subject to all layoff provisions if a layoff occurs in his/her regular classification. The full program outline is attached for review and consideration. Regular Council Meeting -February 16, 2010 -Page 47 of 80 ATTACHMENTS: Name: Description: Type: O Reso re. WRAP amendments (00019135- Resolution Resolution 2~. DOC O EX A Amended WRAP Progra....m.._Outline_(00019147- Worker Recession Assignemnt Program (amended for 2011) Exhibit 2),_DOC ~ WRAP Program Outline.- WorkshaCe version. WRAP Program Outline Backup Material (00019178).PDF. Staff Recommendation: Staff recommends that the WRAP program outline be approved as presented and that staff be authorized to implement the modified WRAP as set forth in the attached outline. Suggested Motion: I move to adopt Resolution No. 2010-18, approving and adopting amendments to the Worker Recession Assignment Program (WRAP). Regular Council Meeting -February 16, 2010 -Page 48 of 80 MARANA RESOLUTION N0.2010-18 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE WORKER RECESSION ASSIGNMENT PROGRAM (WRAP) WHEREAS the Town Council is authorized by Section 3-3-3 of the Marana Town Code to adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed ftom time to time; and WHEREAS the Town Council approved the implementation of the Worker Recession Assignment Program (WRAP) on Apri128, 2009 via Resolution No. 2009-56; and WHEREAS the Town Council finds that adoption of amendments to the Worker Recession Assignment Program (WRAP) is in the best interests of the Town and its employees NOW, THEREFORE, BE IZ' RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Worker Recession Assignment Program (WRAP) 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. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16~' day of February, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting - February f 6, 2010 -Page 49 of 80 ;00019135.DOC / 2} EXHIBIT A TO MARANA RESOLUTION NO. 2010-18 WORKER RECESSION ASSIGNMENT PROGRAM (WRAP) PROGRAM OUTLINE The Worker Recession Assignment Program (WRAP) is designed to maintain the Town's organizational health during these unprecedented economic times, positioning the Town for a quick rebound when the economic recovery begins. The primary objective of the WRAP is to ensure the stability of the Town's workforce by maintaining and fully using the talent that exists within the organization. The WRAP protects institutional memory and the expertise that is developed from employee longevity and experience within the Town organization. The WRAP addresses the Marana Strategic Plan Focus Area: Progress and Innovation. WRAP Period A. The Town Manager is authorized to institute a WRAP period based upon an analysis of the budget and revenue needs of the Town. The Town Manager may consider implementing a WRAP period when the Town's major sources of revenue show a sustained decline year over year for two consecutive quarters or when the Town's budgeted expenditures exceed actual revenues for two consecutive quarters. The declines and/or revenue losses do not need to occur in the same fiscal year. B. Once a WRAP period has been declared by the Town Manager, the provisions of the WRAP shall apply to eligible employee participants. All eligible position vacancies shall be subject to evaluation for a WRAP assignment during this period. WRAP Definition A. The WRAP is a Town-wide work reassignment program for all classified employees to allow rapid deployment of employees from one position or assignment to another throughout the Town of Marana. The program provides for voluntary reassignments and directed reassignments as work is available, in the sole opinion of the Town Manager, or the Town Magistrate for Municipal Court positions. 1. Voluntary Reassignment -applies to a current regular full-time or part-time classified employee who voluntarily requests and moves to a WRAP assignment. The provisions of this policy related to Voluntary Reassignment shall govern the employment of employees who seek and accept a voluntary reassignment. Regular CoI1Q~e~ti~CFe1tl+ruary 16, 2010 -Page 50 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-18 2. Directed Reassignment -applies to a current regular full-time or part-time classified employee who is directed to move into a WRAP assignment (non- voluntary). The provisions of this policy related to Directed Reassignment shall govern the employment of employees who are directed by the appointing authority into a WRAP assignment. B. WRAP assignments fall into one of the following categories based on workload needs: Special Project WRAP - A WRAP assignment may include a special project or series of projects. Typically a Special Project WRAP is created when the Town identifies planned and budgeted work that can be done "in-house," that might otherwise be performed through contracts or consulting services outside of the organization. During a declared WRAP period, all special project type work shall be reviewed for a WRAP assignment unless it has been determined by the Town Manager that the project is exempt from the WRAP. a. A Special Project WRAP shall have an estimated beginning and ending date with specific objectives and deliverables. b. Employees serving in a Special Project WRAP shall report to the supervisor and department responsible for each project they have been assigned. c. A Special Project WRAP may be full or part-time and may supplement an employee's workload in addition to work being performed in his or her regular position. However, additional work assignments shall not result in regular or routine overtime expenses for non-exempt employees. d. An employee may hold one or more Special Project WRAP assignment in addition to, or in lieu of, his or her regularly assigned work. However, multiple assignments should not be made where such assignment(s) result(s) in regular or routine overtime expenses for non-exempt employees. e. The Human Resources Director, in consultation with the Department Head, shall establish the qualifications needed for placement into a Special Project WRAP. f. The Town Manager may end a Special Project WRAP assignment at any time. 2. Vacant Position WRAP - A WRAP assignment may be related to the performance of all or a portion of the essential functions of a vacant position. During a declared WRAP period, all vacant positions shall be reviewed for a WRAP assignment, unless it has been determined by the Town Manager that the position will not be filled or the position is exempt from the WRAP. This determination will be made on the Town's personnel requisition form. Regular CoI1ti~LFe1t~ruary 16, 2010 -Page 51 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-18 a. If workload warrants the filling of a vacant position and the recruitment is authorized by the Town Manager, the Human Resources Director, in consultation with the Department Head shall determine if all or a portion of the essential functions of the position may be performed as a WRAP assignment. b. Positions in classifications requiring specific professional certifications or technical training/education may be exempted from the WRAP by the Town Manager, upon recommendation of the Department Head and Human Resources Director. This may include, but not be limited to, classifications requiring Arizona POST certification and positions where professional designations such as "Professional Engineer (PE)," or "Certified Public Accountant (CPA)," are immediately required or desirable. The Human Resources Director shall maintain a list of classifications exempt from the WRAP in order to expedite recruitment. c. Once the Town Manager has approved a vacant position or portion of a vacant position for inclusion in the WRAP, the Human Resources Director, in consultation with the Department Head, shall establish the qualifications needed for placement. The Human Resources Director shall establish an internal competitive process for selection and appointment to a WRAP position. d. The Town Manager may end a Vacant Position WRAP assignment at any time. WRAP Duration A. The Town Manager is authorized to institute a WRAP period for the period of time he or she deems necessary, up to 36 months, based upon an analysis of the budget and revenue needs of the Town. B. The Town Manager may extend a WRAP period after the first 36 months, with Town Council approval. If a WRAP period is extended, the provisions of the WRAP shall continue to apply to participants who are working in voluntary or directed reassignment positions and to all eligible position vacancies and special project work. C. A WRAP assignment (either special project or vacant position, voluntary or directed) may begin and end at any time during a WRAP period with approval of the Town Manager or designee. When a WRAP assignment ends, the employee may be returned to his/her primary job responsibilities if the employee's regular position is available. Regular Co~I1Q~e~ti~CFe~ruary 16, 2010 -Page 52 of 80 EXHIBIT A TO MARANA RESOLUTION NO.2010-18 WRAP Requirements for Participants All regular full-time and part-time classified employees are eligible to .participate in the WRAP, subject to the following conditions: A. Performance Evaluation. The employee's performance history shall be considered in a WRAP assignment. The employee's most recent performance evaluations for the past 12-month period in his or her regular classification must be at the level of "met with some improvement needed" or higher. Upon placement into a WRAP assignment, employees shall be evaluated per the Town's Personnel Policies and Procedures. An employee serving in a different classification shall be subject to a probationary period for that classification. Informal evaluations should be conducted during the course of the evaluation period to assess performance and to advise the employee of expectations regarding performance. The employee must maintain a performance evaluation rating of "consistently met" or higher during the period of the WRAP assignment. If a "consistently met" rating is not maintained, the employee will return to his or her regular position, if it is available. If the regular position is no longer available, a layoff will occur in accordance with Chapter 8 of the Town's Personnel Policies and Procedures. B. Discipline. At the time of application for a WRAP assignment, or direction to a WRAP assignment, an employee must not have been subject to a work improvement plan or have received any formal discipline, including a documented verbal reprimand, for the preceding 12 months. If an employee is subject to a work improvement plan or formal discipline during the WRAP assignment, the employee may be returned to his/her primary job responsibilities and regular position, if available. C. Essential Functions. The employee must be willing and able to perform the essential functions of the WRAP assignment with or without a reasonable accommodation. D. Job-Required Certifications. The employee must agree to obtain any special certifications required by the WRAP assignment or position within asix-month period of accepting the assignment or position. The employee must maintain those certifications for the duration of the WRAP assignment. The Town shall pay for those certifications that are required by the Town. E. Background. An employee shall be required to meet all employment history and background requirements for placement in a WRAP assignment or position. F. Equivalent Work Hours. The WRAP is not a tool to increase apart-time position to a full-time position. Where possible, employees participating in a Regular CoI1Q~ti~CFe1t~ruary 16, 2010 -Page 53 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-18 WRAP assignment or position will receive the same number of regular work hours (i.e. 8 hours to 8 hours; 6 hours to 6 hours, etc.) as the employee receives in his or her regular position. WRAP Recruitment and Placement Process The Town will make every effort to place interested employees in a WRAP assignment that provides the best match between employees' regular positions and their education, skills and abilities. However, the Town is not required to make an equivalent match in classification and/or compensation. The Human Resources Director is responsible for developing specific procedures to effect recruitment and placement activities for WRAP assignments. Overall responsibilities shall include the following: A. The Human Resources Director, in consultation with the Department Head, shall identify the minimum requirements of a WRAP assignment and a description of the assignment, including essential functions. B. The Human Resources Director shall develop a method for employees to identify their related education, experience and transferrable skills as a supplement to an employment application for a WRAP assignment. C. The Human Resources Director shall post all Special Project WRAP and Vacant Position WRAP assignments internally (within the Town) for consideration by all classified Town employees, including employees of the Municipal Court. D. Where multiple applicants vie for the same voluntary WRAP assignment, the Human Resources Director shall ensure a competitive selection process, using standard human resources best practices. The final selection among multiple voluntary applicants shall be made by the Department Head of the department where the assignment is located. The provisions outlined in this policy for a Voluntary Reassignment shall apply to the selected applicant. E. If no applications are received for a WRAP. assignment, the Human Resources Director shall work with all Department Heads to identify positions within the Town where the workload has decreased or is expected to decrease due to economic conditions and/or reorganization of workload where financial and operating efficiencies can be achieved. Employees in positions affected by such a change in workload may be moved to a WRAP by Directed Reassignment. If this occurs, the provisions outlined in this policy for a Directed Reassignment shall apply to the employee being directed to a WRAP assignment. Regular CoI1i~~Fe~ruary 16, 2010 -Page 54 of 80 EXHIBIT A TO MARANA RESOLUTION NO. 2010-18 Pay and Benefits During a WRAP Assignment A. The Human Resources Director shall be responsible for recommending the rate of pay or pay range for a WRAP assignment using standard human resources best practices for pricing jobs and work assignments. The Town Manager or designee shall approve the pay or pay range for the WRAP assignment orposition. B. The Town's Personnel Policies and Procedures concerning lateral transfer, demotion or promotion shall govern an employee's rate of pay while performing a WRAP assignment. Any salary change shall be temporary during the period of the WRAP assignment. C. An employee shall retain all leave, health and welfare benefits provided by the Town's Personnel Policies and Procedures while serving in a WRAP assignment. This includes leave accrual and service credit toward seniority and leave accrual rates. Promotion/Demotion/Transfer during a WRAP Assignment A. A WRAP assignment is intended to be a temporary assignment. If a WRAP assignment is based on a vacant position that the Town Manager has determined will be filled on an ongoing basis, an employee serving in the position as a Voluntary Reassignment may request placement into this assignment on a regular basis after serving six months in the WRAP assignment provided the employee maintained a performance evaluation rating of "consistently meets" or higher while in the WRAP assignment. If the employee has already served a probationary period in the classification, the employee will not be required to serve another probationary period in the classification. B. If an employee's regular position is eliminated due to layoff during his/her tenure in a WRAP assignment, the employee may be offered the opportunity to transfer/demote/promote into the WRAP assignment provided that: 1. A regular vacant position exists for the WRAP assignment; 2. The employee maintained a performance rating of "consistently met" or higher while in the WRAP assignment; and the employee agrees to serve in a full probationary period as required by the position unless already served; and 3. Employees who are working in a Voluntary Reassignment are given preference over employees working in a Directed Reassignment for regular placement in a vacant position. C. All placements under this section must be approved by the Town Manager, upon recommendation of the Department Head and the Human Resources Director, Regular CoI1Q~ti~CFelt~+ruary 16, 2010 -Page 55 of 80 EXHIBIT A TO MARANA RESOLUTION N0.2010-18 prior to finalization. All Town policies related to seniority, promotion, demotion, or transfer shall apply when an employee is placed into a vacant position on a regular basis, except that any probationary time required in the vacant position shall be offset by credit for time served in the WRAP Assignment. Coordination of WRAP Assignment with Reduction In Force (Lay-off) Policies An employee shall retain seniority in his/her regular classification while performing work in a WRAP assignment. In the event of a layoff in the employee's regular classification, all provisions of Chapter 8 of the Town's Personnel Policies and Procedures shall apply, with the following modifications: A. Voluntary Reassignment - An employee who has volunteered for a WRAP assignment and has maintained a performance rating of "consistently meets" or higher in the WRAP assignment shall not be subject to a layoff action while in a voluntary WRAP assignment, regardless of seniority. If multiple employees within a regular classification are serving in a Voluntary Reassignment WRAP, layoff of those employees shall be based on the criteria contained in Chapter 8 of the Town's Personnel Policies and Procedures after all employees who are not holding a Voluntary Reassignment are laid off (including employees in a directed reassignment). B. Directed Reassignment - An employee who has been placed in a directed reassignment shall be subject to all layoff provisions if a layoff occurs in his or her regular classification regardless of the duration of the WRAP assignment. C. If a WRAP assignment ends and the employee's regular position is or has been eliminated, only employees who remain in Voluntary Reassignments will not be subject to the layoff provisions. Not Subiect to Personnel Action Review Process The duration, appointment and removal of an employee from a WRAP assignment, either directed or voluntary, special assignment or vacant position, is not subject to review formally, informally or under any internal review process provided for by the Town's Personnel Policies and Procedures. Regular Co~I1Q~1~e~ti~~Fe~ruary 16, 2010 -Page 56 of 80 WORKER RECESSION ASSIGNMENT PROGRAM (WRAP) PROGRAM OUTLINE The Worker Recession Assignment Program (WRAP) is designed to maintain the Town's organizational health during these unprecedented economic times, positioning the Town for a quick rebound when the economic recovery begins. The primary objective of the WRAP is to ensure the stability of the Town's workforce by maintaining and fully using the talent that exists within the organization. The WRAP protects institutional memory and the expertise that is developed from employee longevity and experience within the Town organization. The WRAP addresses the Marana Strategic Plan Focus Area: Progress and Innovation. WRAP Period A. The Town Manager is authorized to institute a WRAP period based upon an analysis of the budget and revenue needs of the Town. The Town Manager may consider implementing a WRAP period when the Town's major sources of revenue show a sustained decline year over year for two consecutive quarters or when the Town's budgeted expenditures exceed actual revenues for two consecutive quarters. The declines and/or revenue losses do not need to occur in the same fiscal year. B. Once a WRAP period has been declared by the Town Manager, the provisions of the WRAP shall apply to eligible employee participants. All eligible position vacancies shall be subject to evaluation for a WRAP assignment during this period. WRAP Definition A. The WRAP is a Town-wide work reassignment program for all classified employees to allow rapid deployment of employees from one position or assignment to another throughout the Town of Marana. The program provides for voluntary reassignments and directed reassignments as work is available, in the sole opinion of the Town Manager, or the Town Magistrate for Municipal Court positions. 1. Voluntary Reassignment -applies to a current regular full-time or part-time classified employee who voluntarily requests and moves to a WRAP assignment. The provisions of this policy related to Voluntary Reassignment shall govern the employment of employees who seek and accept a voluntary reassignment. Regular Council Meeting -February 16, 2010 -Page 57 of 80 2. Directed Reassignment -applies to a current regular full-time or part-time classified employee who is directed to move into a WRAP assignment (non- voluntary). The provisions of this policy related to Directed Reassignment shall govern the employment of employees who are directed by the appointing authority into a WRAP assignment. B. WRAP assignments fall into one of the following categories based on workload needs: Special Project WRAP - A WRAP assignment may include a special project or series of projects. Typically a Special Project WRAP is created when the Town identifies planned and budgeted work that can be done "in-house," that might otherwise be performed through contracts or consulting services outside of the organization. During a declared WRAP period, all special project type work shall be reviewed for a WRAP assignment unless it has been determined by the Town Manager that the project is e~c-empted~zt from the WRAP. a. A Special Project WRAP shall have an estimated beginning and ending date with specific objectives and deliverables. b. Employees serving in a Special Project WRAP shall report to the supervisor and department responsible for each project they have been assigned. c. A Special Project WRAP may be full or part-time and may supplement an employee's workload in addition to work being performed in them is or her regular position. However, additional work assignments shall not result in regular or routine overtime expenses for non-exempt employees. d. An employee may hold one or more Special Project WRAP assignment in addition to, or in lieu of, thei~hi~sar._h~t regularly assigned work. However, multiple assignments should not be made where such assignment(s) result(s) in regular or routine overtime expenses for non-exempt employees. e. The Human Resources Director, in consultation with the Department Head, shall establish the qualifications needed for placement into a Special Project WRAP. f. The Town .Manager may end a Special Project WRAP assignment at any time. 2. Vacant Position WRAP - A WRAP assignment may be related to the performance of all or a portion of the essential functions of a vacant position. During a declared WRAP period, all vacant positions shall be reviewed for a WRAP assignment, unless it has been determined by the Town Manager that the position will not be filled or the position is e~~tedgxemc~t from the WRAP. This determination will be made on the Town's personnel requisition form. Regular Council Meeting -February 16, 2010 -Page 58 of 80 2 a. If workload warrants the filling of a vacant position and the recruitment is authorized by the Town Manager, the Human Resources Director, in consultation with the Department Head shall determine if all or a portion of the essential functions of the position may be performed as a WRAP assignment. b. Positions in classifications requiring specific professional certifications or technical training/education may be exempted from the WRAP by the Town Manager, upon recommendation of the Department Head and Human Resources Director. This may include, but not be limited to, classifications requiring Arizona POST certification and positions where professional designations such as "Professional Engineer (PE)," or "Certified Public Accountant (CPA)," are immediately required or desirable. The Human Resources Director shall maintain a list of classifications exempt from the WRAP in order to expedite recruitment. c. Once the Town Manager has approved a vacant position or portion of a vacant position for inclusion in the WRAP, the Human Resources Director, in consultation with the Department Head, shall establish the qualifications needed for placement. The Human Resources Director shall establish an internal competitive process for selection and appointment to a WRAP position. d. The Town Manager may end a Vacant Position WRAP assignment at any time. WRAP Duration A. The Town Manager is authorized to institute a WRAP period for the period of time he or she deems necessary, up to 36 months, based upon an analysis of the budget and revenue needs of the Town. B. The Town Manager may extend a WRAP period after the first 36 months, with Town Council approval. If a WRAP period is extended, the provisions of the WRAP shall continue to apply to participants who are working in voluntary or directed reassignment positions and to all eligible position vacancies and special project work. C. A WRAP assignment (either special project or vacant position, voluntary or directed) may begin and end at any time during a WRAP period with approval of the Town Manager or designee. T~ ''~~° ^^^~~r~, ~HWhen a WRAP assignment ~nd~s th employee may be returned to his/her primary job responsibilities if the employee's regular position is available. Regular Council Meeting -February 16, 2010 -Page 59 of 80 3 WRAP Requirements for Participants All regular full-time and part-time classified employees are eligible to participate in the WRAP, subject to the following conditions: A. Performance Evaluation. The employee's performance history shall be considered in a WRAP assignment. The employee's most recent performance evaluations for the past 12-month period in his or her regular classification must be at the level of "met with some improvement needed" or higher. oven's Personnel Policies and Procedures An e ~yee serving in a different classification shall be subject to a probationare period for that classification. formal evaluations should be conducted during the course of the evaluation period to assess performance and to advise the employee of expectations ~~g performance The employee must maintain a performance evaluation rating of "consistently met" or higher during the period of the WRAP assignment= a "consistently met" ratingais nit maintainPrl the e ~vee will return to his or her re unosition. if it is available. If the re ug l~r position is no lon>?er aka' blek ~ Layoff will occur ia1 accordance with Chapter 8 of the Town's L'et•sonne~,Pp]j,cieS and Procedures B. Discipline. At the time of application for a WRAP assignment, or direction to a WRAP assignment, an employee must not have been subject to a work improvement plan or have received any formal discipline, including a documented verbal reprimand, for the preceding 12 months. If an employee is subject to a work improvement plan or formal discipline during the WRAP assignment, the employee may be returned to his/her primary job responsibilities and regular position, if available. C. Essential unctions. The employee must be willing and able to perform the essential functions of the WRAP assignment with or without a reasonable accommodation. D. lob-Required Certifications. The employee must agree to obtain any special certifications required by the WRAP assignment or position within asix-month period of accepting the assignment or positionz~ees-te maintain those certifications for the duration of the WRAP assignment. The Town shall pay for those certifications that are required by the Town. E. Background. An employee shall be required to meet all employment history and background requirements for placement in WRAP assignment or position. F. Equivalent Work Hours. The WRAP is not a tool to increase apart-time position to a full-time position. Where possible, employees participating in a Regular Council Meeting -February 16, 2010 -Page 60 of 80 4, WRAP assignment or position will receive the same number of regular work hours (i.e. 8 hours to 8 hours; 6 hours to 6 hours, etc.) as the em~yee receives in his or her re u~ la_r position. WRAP Recruitment and Placement Process The Town will make every effort to place interested employees in a WRAP assignment that provides the best match between employees regular positions and their education, skills and abilities. However, the Town sh~alli.~ not be-required to make an equivalent match in classification and/or compensation. The Human Resources Director is responsible for developing specific procedures to effect recruitment and placement activities for WRAP assignments. Overall responsibilities shall include the following: A-: The Human Resources Director, in consultation with the Department Head, shall identify the minimum requirements of a WRAP assignment and a description of the assignment, including essential functions. E-:--~~The Human Resources Director shall develop a method for employees to identify their related education, experience and transferrable skills as a supplement to an employment application for a WRAP assignment. E:--The Human Resources Director shall post all Special Project WRAP and Vacant Position WRAP assignments internally (within the Town) for consideration by all classified Town employees, including employees of the Municipal Court. D:-Where multiple applicants vie for the same voluntary WRAP assignment, the Human Resources Director shall ensure a competitive selection process, using standard human resources best practices. The final selection among multiple voluntary applicants shall be made by the Department Head of the department where the assignment is located. The provisions outlined in this policy for a Voluntary Reassignment shall apply to the selected applicant. E:---E,-If no applications are received for a WRAP assignment, the. Human Resources Director shall work with all Department Heads to identify positions within the Town where the workload has decreased or is expected to decrease due to economic conditions and/or reorganization of workload where financial and operating efficiencies can be achieved. Employees in positions affected by such a change in workload may be moved to a WRAP by Directed Reassignment. If this occurs, the provisions outlined in this policy for a Directed Reassignment shall apply to the employee being directed to a WRAP assignment. Regular Council Meeting -February 16, 2010 -Page 61 of 80 5 Pav and Benefits During a WRAP Assignment A. The Human Resources Director shall be responsible for recommending the rate of pay or pay range for a WRAP assignment using standard human resources best practices for pricing jobs and work assignments. The Town Manager or designee shall approve the pay or pay range for the WRAP assignment or position. B. The Town's Personnel Policies and Procedures concerning lateral transfer, demotion or promotion shall govern an employee's rate of pay while performing a WRAP assignment. Any salary change shall be temporary during the period of the WRAP assignment. C. An employee shall retain all leave, health and welfare benefits provided by the Town's Personnel Policies and Procedures while serving in a WRAP assignment. This includes leave accrual and service credit toward seniority and leave accrual rates. Promotion/Demotion/Transfer during a WRAP Assignment A. A WRAP assignment is intended to be a temporary assignment. If a WRAP assignment is based on a vacant position that the Town Manager has determined will be filled on an ongoing basis, assn employee. serving in the position as a Voluntary Reassignment may request placement into this assignment on a regular basis after serving six months in the WRAP assignment. a performance evaluation rating of "consistently meets" or higher while in the WRAP assignment e~~-ogee ~,5 ~~,~~~~LyS~LV~~IS2~?narvneriQ~. _11Lt17..~~_I~~~1S?~=tom empLvee will __,p.Qt~ze~uired to serve another probationary period in the classification. B. If an employee's regular position is eliminated due to layoff during his/her tenure in a WRAP assignment, the employee may be offered the opportunity to transfer/demote/promote into the WRAP assignment provided that: 1. A regular vacant position exists for the WRAP assignment; 2. The employee maintained a performance rating of "consistently met" or higher while in the WRAP assignment; er nod the employee agrees to serve in a full probationary period as required by the positio already serve; and Regular Council Meeting -February 16, 2010 -Page 62 of 80 6 3. Employees who are working in a Voluntary Reassignment are given preference over employees working in a Directed Reassignment for regular placement in a vacant position. C. All placements under this section must be approved by the Town Manager, upon recommendation of the Department Head and the Human Resources Director, prior to finalization. All Town policies related to seniority, promotion, demotion, or transfer shall apply when an employee is placed into a vacant position on a regular basis, except that any probationary time required in the vacant position shall be offset by credit for time served in the WRAP Assignment Coordination of WRAP Assignment with Reduction In Force (Lay-offl Policies An employee shall retain seniority in his/her regular classification while performing work in a WRAP assignment. In the event of a layoff in the employee's regular classification, all provisions of Chapter 8 of the Town's Personnel Policies and Procedures shall apply, with the following modifications: A: A~Voluntary Reassignment - An employee who has volunteered for a WRAP assignment and has maintained a performance rating of "consistently meets" or higher in the WRAP assignment shall, not be *'~° '°°+ +^''° '^~a ^~~ ~„ '~~° ^r "°r voluntary WRAP assignment, regardless of seniority. If multiple employees within a regular classification are serving in a Voluntary Reassignment WRAP, layoff of those employees shall be based on the criteria contained in Chapter 8 of the Town's Personnel Policies and Procedures after all employees who are not holding a Voluntary Reassignment are laid off~in ing e~~yees in a directed reassicnmentl, ~-:-~pirected Reassignment - An employee who has been placed in a directed reassignment shall be subject to all layoff provisions if a layoff occurs in his or her regular classification regardless of the duration of the WRAP assignment. Regular Council Meeting -February 16, 2010 -Page 63 of 80 Not Subject to Personnel Action Review Process The duration, appointment and removal of an employee from a WRAP assignment, either directed or voluntary, special assignment or vacant position, a~~ not subject to review theformallv__informally or under anv internal review process provided for by the Town's Personnel Policies and Procedures. Regular Council Meeting -February 16, 2010 -Page 64 of 80 Document comparison by Workshare Professional on Wednesday, January 27, 2010 3:29:16 PM Input: Document 1 ID file://C:/Documents and Settings/fcassidy/My Documents/WRAP program outline (00014165-3).DOC Description WRAP program outline (00014165-3) Document 2 ID file://X:/WDOX/TNATDOCS/HR/POLICIES/00019173.DOC Description 00019173 Rendering set standard Legend: Style change Format change Inserted cell Deleted cell Moved cell ,, Split/Merged cell Padding cell ~~~~ ~~~ Statistics: Count Insertions 33 Deletions 29 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 62 Regular Council Meeting -February 16, 2010 -Page 65 of 80 ~~ ~~~~ ~~~~~ t~,~~, xw«~MF 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 16, 2010, 7:00:00 PM To: Mayor and Council Item A 4 From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Commerce, Community Building Subject: Resolution No. 2010-19: Relating to Development; approving and authorizing the Mayor to execute a Barnett Channel Excavation Development Agreement with Reyher Partnership and Marana 348 Limited Partnership Discussion: The Town is in the process of developing a regional public drainage facility in the vicinity of Barnett Road, commonly referred to as the "Barnett Channel." The Barnett Channel has now been partially excavated between Sandario Road and Sanders Road as a source of fill dirt for the Town's Camino de Mariana roadway project. Additional excavation is required for the Barnett Channel. Greg Wexler, on behalf of Reyher Partnership and Marana 348 Limited Partnership, the owners of the remaining undeveloped land in Marana's Town Center north and northwest of the Marana Municipal Complex, has requested to excavate portions of the Barnett Channel at no cost to the Town in exchange for his right to place and use the excavated Barnett Channel dirt on his remaining undeveloped Marana Town Center land. The proposed agreement accommodates Mr. Wexler's request using language consistent with a corresponding provision in the Marana Health Center Development Agreement approved by the Council on June 17, 2008. It allows excavation of dirt from the Barnett Channel on a first come first served basis in a manner consistent with the Barnett Channel design plans and with demonstration to the Town Engineer's satisfaction that the resulting pit will drain within 36 hours. The proposed agreement includes a Council finding that the Town is receiving sufficient consideration for the value of the dirt based on (1) the value of the Barnett Channel excavation, (2) the improved drainage characteristics of the Town Center resulting from the placement of the dirt, and (3) the economic development benefits of having the Town Center lands filled in preparation for development. Financial Impact: The Town does not anticipate incurring any out-of-pocket costs in connection with this proposed development agreement. However, allowing the Barnett Channel dirt to be used for fill on the Regular Council Meeting -February 16, 2010 -Page 66 of 80 Town Center may leave the Town without a ready source of fill for Town projects in the future, thereby requiring the Town to find another fill source at potentially higher cost. On the other hand, this higher material cost may be offset by cost savings the Town may experience as a result of not having to pay for the excavation. ATTACHMENTS: Name: Description: Type: ~ Reso Barnett_Cha.n..nel Excavaton_DA Reso Approving Barnett Excavation DA Resolution (00019468j.DOC ^ EX_A_Reyher Barnett Channel. Dirt DA Reso Exh A: Barnett Excavation DA Exhibit (00019440j. DOC Staff Recommendation: Town staff is satisfied with the form and substance of the proposed agreement. Suggested Motion: I move to adopt Resolution No. 2010-19, approving and authorizing the Mayor to execute the proposed Barnett Channel Excavation Development Agreement. Regular Council Meeting -February 16, 2010 -Page 67 of 80 MARANA RESOLUTION N0.2010-19 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A BARNETT CHANNEL EXCAVATION DEVELOPMENT AGREEMENT WITH REYHER PARTNERSHIP AND MARANA 348 LIMITED PARTNERSHIP WHEREAS the Town is in the process of developing a regional public drainage facility in the vicinity of Barnett Road, commonly referred to as the "Barnett Channel"; and WHEREAS the Barnett Channel has now been partially excavated between Sandario Road and Sanders Road as a source of fill dirt for the Town's Camino de Matiana roadway project, but additional excavation is required for the Barnett Channel; and WHEREAS REYHER PARTNERSHIP and MARANA 348 LIMITED PARTNERSHIP own certain undeveloped land in Marana's Town Center north and northwest of the Marana Municipal Complex; and WHEREAS REYHER PARTNERSHIP and MARANA 348 LIMITED PARTNERSHIP have requested to excavate portions of the Barnett Channel at no cost to the Town in exchange for the right to place and use the excavated Barnett Channel dirt on their undeveloped Marana Town Center land; and WHEREAS the proposed Barnett Channel Excavation Development Agreement accommodates the request. Of REYHER PARTNERSHIP and MARANA 348 LIMrrED PARTNERSHIP using language consistent with a corresponding provision in the Marana Health Center Development Agreement approved by the Council on June 17, 2008 by allowing excavation of dirt from the Barnett Channel on a first come first served basis in a manner consistent with the Barnett Channel design plans and with demonstration to the Town Engineer's satisfaction that the resulting pit will drain within 36 hours; and WHEREAS the Town Council finds that the Barnett Channel Excavation Development Agreement provides sufficient consideration to the Town for the value of the Barnett Channel dirt based on (1) the value of the Barnett Channel excavation, (2) the improved drainage characteristics of the Town Center resulting from the placement of the dirt, and (3) the economic development benefits of having the Town Center lands filled in preparation for development; and WHEREAS the Mayor and Council find the terms and conditions of the Barnett Channel Excavation Development Agreement are in the best interest of the Town. Regular Council Meeting -February 16, 2010 -Page 68 of 80 Marana Resolution No. 2010-19 - 1 - {00019468.DOC /} NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The "Reyher Partnership and Marana 348 Limited Partnership Barnett Channel Excavation Development Agreement" attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of February, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -February 16, 2010 -Page 69 of 80 Marana Resolution No. 2010-19 - 2 - {00019468.DOC /} EXHIBIT A TO MARANA RESOLUTION N0.2010-19 REYHER PARTNERSHIP AND MARANA 348 LIMITED PARTNERSHIP BARNETT CHANNEL EXCAVATION DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS AGREEMENT (th1S "Agreement") is made and entered into by and between the TOWN of MARANA, an Arizona municipal corporation (the "Town"), REI'IIER PARTNERSHIP, an Arizona general partnership ("Reyher") and MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ("Marana 348"). Reyher and Marana 348 are referred to collectively as the "Owner." The Town, Reyher and Marana 348 are sometimes collectively referred to as the "Parties." RECITALS A. The Parties entered into a "Public Facility Acquisition Agreement" dated May 24, 1999 (the "1999 Agreement"), which was amended and superseded by a "Real Estate Exchange and Development Agreement" recorded October 10, 2003 at Docket 12154, Page 2148, Pima County Recorder's office (the "Exchange Agreement"), which in turn was amended by an "Amendment to Real Estate Exchange and Development Agreement" recorded July 14, 2006 at Docket 12846, Page 4712, Pima County Recorder's office (the "Exchange Agreement Amendment"). B. Among other things, the 1999 Agreement, the Exchange Agreement, and the Exchange Agreement Amendment provided terms and conditions for the development of Marana's Town Center, including (i) the transfer and sale of land from the Owner to the Town for the construction of a new Town Hall and Civic Center Site (the "Marana Municipal Complex"), (ii) the development of the Owner's lands addressed by the agreements, and (iii) the dedication and construction of various public infrastructure necessary to serve the Marana Municipal Complex and the Town Center. C. Development within the Town Center has included construction of the Marana Municipal Complex and a Northwest Fire District fire station, and preliminary site work for the construction of the Marana Health Center (which is addressed by a separate "Marana Health Center Development Agreement" recorded on July 2, 2008 at Docket 13340, Page 20, Pima County Recorder's office, referred to in this Agreement as the "MHC Agreement"). D. The Owner still owns the lands referred to in this Agreement as the "Owner's Remaining Lands" and particularly described in the Exchange Agreement as Block 2, Block 3, and Block 4, and those portions of Block 1 and Block 5 that are not included in either the MHC Agreement or in the right-of--way of Bill Gaudette Road (addressed in the Exchange Agreement Amendment). {OOOI9440.DOC/) 2/8/2010 4:37 PM TOWN OFMARANA /REYHER PARTNERSHIP & MARANA 348LIMITED PARTNERSHIP BARNETT CHANNEL EXCAVATION DEVELOPMENT AGREEMENT Regular Council Meeting -February 16, 2010 -Page 70 of 80 _ 1 _ EXHIBIT A TO MARANA RESOLUTION NO.2010-19 E. The development of the Town Center, including the Owner's Remaining Lands, will benefit from the Town's proposed development of a regional public drainage facility in the vicinity of Barnett Road, commonly referred to as the "Barnett Channel." F. The Owner is willing, at no cost to the Town, to excavate portions of the Barnett Channel in a manner consistent with the current plans and specifications for the Barnett Channel in exchange for the placement and use of the excavated Barnett Channel dirt on the Owner's Remaining Lands. G. The Town finds and concludes that the value of the Barnett Channel excavation to be accomplished by Owner, the improved drainage characteristics of the Town Center resulting from the placement of the dirt as fill on the Owner's Remaining Lands, and the economic development benefits of having the Owner's Remaining Lands filled in preparation for development are sufficient consideration for the value of the dirt to be excavated. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Barnett Channel Dirt. The Owner may at its own cost and using its own contractor excavate dirt from the Barnett Channel for use on the Owner's Remaining Lands in connection with their ultimate development, provided that the excavation is consistent with the ultimate design of the Barnett Channel and has not previously been excavated. The Owner shall demonstrate to the satisfaction of the Town Engineer that the resulting pit will drain within 36 hours. 2. No Modification of Prior Agreements. This Agreement is intended to supplement but not to amend or supersede the Exchange Agreement or the Exchange Agreement Amendment. 3. Development agreement. To the extent this Agreement governs the uses and development of property, it shall be considered a development agreement executed under the authority of A.R.S. § 9-500.05. 4. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the parry 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 facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: TOWN MANAGER, TOWN OF MARANA 11555 W. Civic Center Drive Marana, Arizona 85653 (520) 382-1900 Fax (520) 382-4059 (00019440.DOC/} 2/8/2010 4:37 PM TOWN OF MARANA /REYHER PARTNERSHIP & MARANA 348LIMITED PARTNERSHIP BARNETT CHANNEL EXCAVATION DEVELOPMENTAGREEMENT Regular Council Meeting -February 16, 2010 -Page 71 of 80 _ 2 _ If to the Owner: EXHIBIT A TO MARANA RESOLUTION NO. 2010-19 GREG WEXLER 7995 North Business Park Drive Tucson, AZ 85743 (520)744-8500 Fax (520)744-0749 With a copy to: BARRY A. EBERT 7610 East McDonald Drive, Suite H Scottsdale, Arizona 85258 (480) 998-7232 Fax (480) 998-3996 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 parties 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. 5. 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 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 establishing 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 intent of such sections or articles of this Agreement. (00019440.DOC/} 2/8/2010 4:37 PM TOWN OF MARANA /REYHER PARTNERSHIP & MARANA 348LIMITED PARTNERSHIP BARNETT CHANNEL EXCAVATION DEVELOPMENT AGREEMENT Regular Council Meeting -February 16, 2010 -Page 72 of 80 _ 3 EXHIBIT A TO MARANA RESOLUTION NO.2010-19 (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. (H) 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 reference 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. TOWN: THE TOWN OF MARANA, an Arizona municipal corporation OWNER: REYHER PARTNERSHIP, an Arizona general partnership ("Reyher") By: Trident Marana Properties, Inc. Managing Partner By: Ed Honea, Mayor By: Date: Barry A. Ebert, Vice President Date: ATTEST: MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership ("Marana 348") Jocelyn C. Bronson, Clerk APPROVED As To FORM: By: Robert Sarver, General Partner Date: Frank Cassidy, Town Attorney {00019440.DOC /} 2/8/2010 4:37 PM TOWN OFMARANA /REYHER PARTNERSHIP & MARANA 348LIM1TED PARTNERSHIP BARNETT CHANNEL EXCAVATION DEVELOPMENT AGREEMENT Regular Council Meeting -February 16, 2010 -Page 73 of 80 _ 4 _ EXHIBIT A TO MARANA RESOLUTION N0.2010-19 STATE OF ARIZONA SS County of Pima ) The foregoing instrument was acknowledged before me on by Barry A. Ebert, Vice President of TRIDENT MARANA PROPERTIES, INC., Managing Partner of REYHER PARTNERSHIP, an Arizona general partnership, on behalf of the partnership. My commission expires: STATE OF ARIZONA SS County of Pima ) Notary Public The foregoing instrument was acknowledged before me on by Robert Sarver, General Partner, on behalf of MARANA 348 LIMITED PARTNERSHIP, an Arizona limited partnership. My commission expires: Notary Public {00019440.DOC/} 2/8/2010 4:37 PM TOWN OFMARANA /REYHER PARTNERSHIP & MARANA 348LIMITED PARTNERSHIP BARNETT CHANNEL EXCAVATION DEVELOPMENT AGREEMENT Regular Council Meeting -February 16, 2010 -Page 74 of 80 _ 5 _ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 16, 2010, 7:00:00 PM To: Mayor and Council Item D 1 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: Name: Description: Type: ~ 201.0 Legislative_Bulletn__# 5.pdf Legislative Bulletin # 5 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 -February 16, 2010 -Page 75 of 80 Page 1 of 5 L i~ ~~F~ ~~~~~ett ISSUE 5 -FEBRUARY 5, 2010 Sixth Special Session On Monday, February 1, 2010 Governor Brewer called for a Sixth Special Session to occur concurrently with the 49th Second Regular Session. The purpose of the call was to address the budget shortfall in FY 2010, specifically the following points of Executive interest: • Referral of a temporary three-year one-cent sales tax increase to be retained 100% by the state government; • Delaying education payments and doing more leases of state buildings; • Pro-rating income tax deductions for out of state filers; and • Securitizing state proceeds from the Arizona Lottery On Tuesday, the Senate took bi-partisan action on the following set of budget bills: • SB 1001 statewide special election SB 1002 budget reconciliation, appropriations, education • SB 1003 revenue bonds, lease-purchase finance • SB 1004 state lottery, authorization • SB 1005 standard deduction, nonresidents, prorate • SCR 1001 temporary sales tax, repeal The bills were assigned to the Senate Natural Resources, Infrastructure and Public Debt Committee, rather than the Appropriations Committee. The bills passed out of Committee, Caucus, Rules, Committee of the Whole and Third Read that afternoon. On Thursday, the House passed the set of bills through the Appropriations Committee before going through Caucus, Rules and the Committee of the Whole. Only SB 1001 and SCR 1001, the bills that address the temporary sales tax increase, were passed on Third Read. The League has reviewed all of the budget proposals for their impact on cities and towns, and found the primary bill of interest is SB 1004, which contains changes to the lottery. The securitization, essentially. borrowing against future lottery proceeds, will be directed at the state general fund portion for debt repayment, at least for the next two years. Other lottery distributions are left intact, provided there are funds available after the debt service has been paid. This currently retains the structure for accounts such as LTAF I and II and Heritage Fund, but only after other. obligations have been meta It is still not certain if those other accounts wilt be retained once the lottery has been reauthorized by the voters in a November 2010 election. Regular Council Meeting -February 16, 2010 -Page 76 of 80 Page 2 of 5 Any legislative process is a moving target and the League will keep its members updated on this special session through Sine Die. Update: Dual Session The week of February 1, 2010 was an exciting one at the State Legislature. The bill "drop' deadline has now passed for the Senate (February 1st) with the House deadline rapidly approaching (February 8th). As noted above, six special session bills have made their way through the Senate; the House voted on and passed two of the special session bills (SB1001-statewide special election and SCR1001-temporary sales tax; repeat) and adjourned until February 8th. To date 1,120 bills have been introduced along with 112 memorials and resolutions (the preceding count includes bills from the 6th Special Session). League staff has reviewed all introduced bills to determine any potential impact on cities and towns. Numerous committee meetings have taken place in both chambers with few ensuing regular session floor votes. Impact Fees (HB 2249 and HB 2259) Despite a new two-year freeze in impact fee rates and other changes to the impact fee statutes that went into effect in late November 2009, the House Government Committee passed two bills this week that make additional changes to impact fee statutes. The bills, requested by the Central Arizona Homebuilders Association and sponsored by Rep. Andy eggs (R-Qlbert), revisit items that have been the subject of hours of negotiations in previous years. However, there was no discussion with the League or its members before these bills showed up this session. The League opposed both bills in committee. Even though the home builders testified that they support impact fees as a way to pay for infrastructure necessary to serve growth, they claimed these new changes were necessary to correct bad practices of some cities. The League will be working to defeat both bills on the House floor accordingly. A summary of the two bills are as follows: H82249--municipal development fees; refunds This bill requires cities to issue refunds to the home builder if a project that levied impact fees is not built within seven years of the initial imposition of the impact fee. The League has strongly opposed the concept of a 'home builder refund' because once the house is sold they have already been reimbursed for their costs. An amendment adopted in committee changes the recipient to the original purchaser of the house or, if they cannot be located, the present owner. The bill seems to depart from the principle of a "level of service" standard in determining whether new development is being served by the infrastructure being funded by impact fees, to one identifying only specific projects. H82259--development fees; proportional share This bill requires impact fees to be used only to serve the needs of new development. Bill language also stipulates that other funds must be spent first on projects that are paid for using. taxes from existing residents, combined with impact fees. The provisions of this bill are already required under existing statutes and their addition creates more confusion about the way impact fees are administered. HB 2596 free exercise of religion Regular Council Meeting -February 16, 2010 -Page 77 of 80 Page 3 of 5 The bill is sponsored by Rep. 3eve Yarbrou~l (R-Chandler) and also passed out of the House Government Committee on Tuesday. The bill limits the abilities of cities and towns to use some zoning standards to site churches. The bill's sponsor says it is necessary because of the potential of local governments to arbitrarily reject the citing of churches in their communities. The intent of the bill is to make sure that churches are not held to a different standard from other commercial or non-profit uses. However, our reading of the bill is that it goes further by giving churches preference in locating wherever its members want, "regardless of a compelling government interest." It allows a person to use their property, regardless of where it may be located, to practice religion as they define it. The League will be working on amendments that we believe bring it back in line with the intent of the sponsor and existing federal law on the subject. Rep. Yarbrough agreed to discuss possible changes to the bill as it moves through the process. Bill Limits City Tax Collection Options A bill that would limit cities and towns from using any entity besides the Department of Revenue (DOR) or another city to collect municipal sates taxes will be heard next Monday (February 8) in the House Ways and Means Committee. House III 2512 -municipal taxes; auditors and collectors - is sponsored by Representative Fiiick Murphy (R-gendale), who is also the chair of the Ways and Means Committee. The Arizona Tax Research Association (ATRA) strongly supports the bill and is its main proponent. The League opposes the bill because we want cities and towns to have the o tion to use a private, third-party entity to perform certain tax administration functions. Currently cities either collect their own sales taxes (14 cities do this) or rely on DOR for the service. With the crippling budget cutbacks DOR has endured the last few years, together with shrinking city staffs, privatization of tax administration may be an attractive option for many cities and towns to efficiently collect sales taxes that are lawfully owed. Therefore, the League will oppose this bill. 2010 NLC Congressional City Conference The National League of Cities will host its 2010 Congressional City Conference from March 13-17, 2010 in Washington DC. Listed below are the three events specifically planned for Arizona conference delegates. Should you have any additional questions about this conference as your community prepares for the conference, please contact League staff. Arizona Reception Monday, March 15, 2010 5:30pm to 7:30pm Marriott Wardman Park Hotel, Lincoln Room 3 United States Senator Reception Senator John McCain and Senator Jon Kyl Wednesday, March 17, 2010 8:OOam to 9:30am Senate Visitors Center, Room 200-201 Congressman Harry Mitchell Reception Wednesday, March,17, 2010 9:30am to 10:30am Regular Council Meeting -February 16, 2010 -Page 78 of 80 Page 4 of 5 Longworth House Office Building, Room 1410 THE WEBQY 9~TLIGHT l~present at i ve Eric Meyer (D -Paradise Uall ey) Dr. Meyer moved to Arizona when he was seven years old, attending Cocopah Elementary School and Chaparral High School. He earned a degree in Economics from the University of Southern California and a medical degree from the University of Arizona Medical School. His post-graduate training was in the specialty of emergency medicine at Portland's (Oregon) Providence Emergency Department, eventually becoming Director of that department. The representative returned to Arizona eleven years ago with his wife, Sarah Snell, also a physician, and their two children. While his wife concentrates on her practice, Dr. Meyer serves on the Scottsdale School District Governing Board. A member of the Children's Museum of Phoenix Board of Directors and the Scottsdale Unified School District All-City Athlete Banquet Board, Eric is a dedicated advocate for children. He has also served as a Legislative Liaison for the Scottsdale Parent Council, PTO President for Arcadia Neighborhood Learning Center, and Scottsdale Unified School District Budget Committee member. Dr. Meyer believes strong public schools are the bedrock of Arizona's future. As a school board member for the past four years, he has gained intimate knowledge of our school's needs, and has developed a plan to make our schools great. He has improved academic achievement and rigor district-wide,. increased graduation requirements and expanded class offerings. He has also increased teachers' salaries every year and is leading efforts to ensure every student is prepared for success in college and in life. His background in economics and medicine give him the tools to address the growing problem of access to quality, affordable health care, especially for our children, and to identify ways to diversify and strengthen our economy. Dr. Meyer is a member of the Transportation and Infrastructure and Education committees. What is your long range vision for Arizona?What are your short term goals for this session? I would take a different path for our state than the one we are taking today. I believe that we should value our children and provide them with a quality education and health care. We should make sensible decisions that lead to the creation of high paying technology and clean energy jobs. We should invest in our parks that generate millions of dollars for local communities. Our future depends on the decisions that we make during these difficult times. If we make the right choices today our towns, cities and state wilt reap the benefits in the long run. If you could guarantee one piece of legislation would passe what would it be? A truly balanced budget, as soon as possible, that would begin putting our state on the right track and. a budget that would create jobs, value education, keep our communities safe and provide much needed health care for our children. How can the state government and local governments be better partners? Regular Council Meeting -February 16, 2010 -Page 79 of 80 Page 5 of 5 Work as partners not adversaries. When the state uses the resources of our cities and towns to address its financial crisis it undermines the fabric of our communities and puts public safety at risk. These are trying times and rather than fighting we should look to collaborate to find solutions that address the needs of our citizens. What's the best book you've read recently?Why would you recommend it? I am reading "How to Survive in the Wild" just in case things do not go well this session. Thank you for your time. Thank you for the opportunity. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to leagueCazleague.org. Regular Council Meeting -February 16, 2010 -Page 80 of 80