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Home My WebLink About12/07/2010 Council Agenda Packet11~F~~~~ ~~~~ ,~ ~~ ~~~ MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 7, 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 pacers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials Regular Council Meeting -December 7, 2010 -Page 1 of 128 printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. 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, December 06, 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 Brick Dedication Proclamation Marana Car Care Day Proclamation 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 Regular Council Meeting -December 7, 2010 -Page 2 of 128 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 sepazately, immediately following the Consent agenda. C 1: Resolution No. 2010-112: Relating to Utilities; approving and authorizing the Utilities Director to execute Amendment No. 4 and exhibits A, B and C to the Aggregated Energy Services Agreement (Contract No. 00-DSR-11223) by and among Western Area Power Administration, Yuma County Water Users' Association, Wellton-Mohawk Irrigation And Drainage District, Mohave Electric Cooperative, Inc., Eastern Arizona Preference Pooling Association, and the Town of Marana Utilities Department (Dorothy O'Brien) C 2: Resolution No. 2010-113: _Relating to Utilities; approving and authorizing the Mayor to execute an Agreement for Tucson Area Reliability among the Central Arizona Water Conservation District, The City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Mazana and the Town of Oro Valley (Dorothy O'Brien) C 3: Resolution No. 2010-114: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 -Compensation (Suzanne Machain) C 4: Resolution No. 2010-115: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment (Suzanne Machain) C 5: Minutes of the November 16, 2010 regulaz council meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor boazd regazding a Person Transfer #6 (Bar) liquor license application submitted by Ruby C. Dove on behalf of La Tumbleweed Lounge located at 13915 N. Sandario Road L 2: Relating to Liquor Licenses; recommendation to the state liquor board adding Sampling Privileges to Walgreens #09952, located at 12050 N. Dove Mountain Blvd., active Series #9 (Liquor Store) liquor license submitted by Gazy Martin BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2010-116: Relating to Boards, Commissions and Committees; approving applicants to fill vacant positions on the Board of Adjustment and the Affordable Housing Citizen Advisory Commission and re-appointing members to the Board of Adjustment (Jocelyn Bronson) B 2: Resolution No. 2010-117: Relating to Boazds, Commissions and Committees; approving and authorizing the re-appointments of Gazy Davidson, John Soper and Joe Rielly to the District Board of the Red Hawk Canyon Community Facilities District No. 2 (Jocelyn C. Bronson) COUNCIL ACTION A 1: Resolution No. 2010-118: Relating to the Police Department; appointing Regular Council Meeting -December 7, 2010 -Page 3 of 128 Terry Rozema as Chief of Police of the Marana Police Department (Gilbert Davidson) A 2: Resolution No. 2010-119: Relating to Mayor and Council; scheduling a January 12, 2011, joint study session with the Oro Valley Town Council (Jocelyn Bronson) A 3: PUBLIC HEARING: Resolution No. 2010-120: Relating to Land Development; adopting the "Marana 2010 General Plan" and calling a special election to be conducted in conjunction with the anticipated general election to be held May 17, 2011, for voter ratification of the new general plan as required by state law (Kevin Kish) ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: Resolution No. 2010-121: Presentation: Relating to Heritage; creating the Ora Mae Harn Crystal Legacy Award for exemplary volunteer service to the Marana community (Jocelyn C. Bronson) D 2: Legislative/Inter,governmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies (Gilbert Davidson) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 3: Executive session pursuant to A.R.S. §38-431.03 (A)(3) for discussion or consultation for legal advice with the Town's attorneys regarding possible annexation at Twin Peaks Road and Interstate 10 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -December 7, 2010 -Page 4 of 128 I C I PRCyC~.~.PJ~ATIQ€4 P~~[C C~EDICATIOI REIK~ Q~A~TC~N WHEREAS, ~~~iE::~ 6raxtor~, a t~~~wri ~~m:a~~ ~~;= i~~ 1t~~> P~:~arl<s ~. ~F~~rF~ation ~i~t_,':7rtr7~,~=rat f,,,r ~{ , wt _7~s, .~~~iil k~~~; rF,tirir";.~ ~nr ~_ r~,~_ 2c; ,_~)?U~ ~~'^~ca WHEREAS, urr~c,t-~;~ hrr (_~' ~.<-~ra;i=~iishrr~~=nt;: E,%~;iE ~ t~r~~f:,::i c-is c~r7 irli~:rt:~rc.:tc->r tr.~r i!,F;. tGL`v"rl l?t w'!(~r+;_lni-] ~V~l~rl ~~'";° t(?Vd'"' t!~_)Jt~;~ ~~' JCIi>CIr`E;~i't `tom€~'t_~7~Io('i }i '(al~rlltt`7r1~5, i~~r1~~U:tE;i{ ti-'~;-: ~?; '_1 ".~~C7(=~~~rat`~' r'Ufty" ~i tflt `.~Eril';r CFtltF~i: i7rtJViC}1!`l~ ~7,~'f"E~:,r"~fiic ~.ir-,;:~r-;o~ t~~~s~ s~t~ft ~~rrc`t c~th~=~r it~r7~s tr~ar"r~ t"~~;r r~~om~l~racl ~t _)apan for a „ r , -~, . C~ii~~n ~.r1C~ (,~,~~_rr ~ C~,, s~;rlt~i WHEREAS. f~eii`;~ . ;:l~kc>rt n scar ~ Sc71~.Jr:~c7ys by her<_.~it ~~;;ring 2Ji)9 rnanagin~} tl~e NOW, TH=REFQRE, tt;c ~~"~c~,~+ ~r ~;r~d C: curr~:il t:~# ik:(~ Tc}wry c:t Marc~nca df~ hArek,y 1 , 'r rt P r' s r. ~ t"i ~~ (~, i r c ~ _:.teri tip ~r .ir, ~:,~:~~ ,:.4~,~,r ~,ic:rti,, t~~ R~~ik.~~ ,.r k~f~in~ _,i.Ech t ~r~ica'e~ ~;"npioye~~ ~~n~~ ,~~~r_i~~rattli':~t~ k~er >v~r~ci wishh per w~.11 0°~ t-~er u~comin if:-tirer'r~~r~fi ~;y ~_~reser:tir~~~ t~~r rr~tt; (~n en~rov~ ~,i krck t,i~t Lvill bc~ ~31:7~o~t +r, tl~ ~~ ~~~.rlkvvay c~~_;ts.d~~ tF,r rr~:.~r~i,:~it~~al ~:~or~1~~!ex_ H Dc:~ted the ;"'~ ~r~~y of L~~:~emb~r, 20'C~. ~; ,f ~~ ;* r f 1 l ~J- „i ~,TTE~t: .~ . ri ~ F it sY d" ,. . CAI .. - _ .. ,, ...... <f ' ~ ., ~ ~' is .«. 1 ~' ~'y _ -- "r"~' - r . ~ r 3 I _ ~R~C~.~~~"-A~~{~~ MA~A~lA CA~t G>~~~ UAY WHEREAS, `~~~: f~?v ~ , ~ ,r ., ~~r, _~ P•r,c~rari~:_~ is c~~r~r , riittr~ ~~ tt~ r'~iE~ ±~.~~ ~ =rti~er~S ~~;~~~ t ~~..-.;<, c',~: ~~E:~rs ir, ~hr_, ~:C~mm~_,r~ikv~ c7r,: WHEE?~tiS, tI~~F~ i;~~~~~ ,~; f~ r ~._~~; i~; I~~a••r.; ~~ t,..rr,fc;rc:< fk-~~~~1 is t~~.~i~~:_~t..d to ~~~7r1CiC; f~1r tr ~flVl't;'r1r7~F;[1` Cl~ VY(,~~I C1_; re~i~.-=;ii}c. C7!~ll~ kJiJ51r1r~-'SS O4",'r~~'r5; CST=°:~ WHEFi`AS, tf;e tov,-n's fi~~,: t srr ~~~t: ,tr:~ff c~<:;ssrF.:~s f~~ sir/r~ k:-u~ir~t~ <;~f~",~ itr tf-3r t~,~r,.l' k?y E;;_,ri ~ipatir,q witi,: t}-:e N,c~srar~~:7 ~.:f, ~r~1t_,~r c.f ~~ ~'arr~r~"~~=r~:E ~~r~t~ t~,c; F rr~r; L,ssoci`7t ~n cif r..'-C7~~:i=rr~r;~er~fi fo ~;~~,~.,_~(` ~,,~i E.>rcrnofr; lo~~c<! k~rrskr~~~s~t~ wiih trr .,Sf~r~~1 P~,~;C7rc7na" cc:rr~~p~aigr7; r}r~~:~ WHEREAS, tk1E~ Fir~F~•t rlr?r~/~r_;r~c. ~.e~~C~lilTlE-rt, Q:i C7 rf~S~7<~:r1Slvl:; t7:~11r~1E3r II thls tt~,>rt, ~•~^iill t,r~:~t C7(-E a~.~tc~r~~;;~bile di~~~nc>s~s ~:ver~t c}T~ Oecen~k~~er 1 l , 2010 , a "r~>r"l 8:00 ~.rr,. t~> r~cc~r~ in 'he wept r'?E~rl`irr~r Ic~t a` 't'ree F~1~~rc7rE~~ JK~!=~ratior~s er~~er, `1 r)D 'r`r`. ir~,a Rcx7ci. ~IC}W, THEREFC)RE the t~~~ayor ~a,,~ C~x~r-~cil ~:>f he T~••r/n cf h/1,:~rc~nt~ , rhoi:lair~~: Marano Car Care day on Lecember 1 i, 2010 «r -i r.{rr~}~~ !_711 c!tiz8ns cTr:~ h~~sines: ~>,A,~r;~rs in PJ,,7ra(_E~..r tE~ tle r~rir`,~.ifr~I c:,f the irr~t:,~,rr~7r,~~N cf f.;r~~~f->~riy rr~r_~i(-;tGir'r-,g their vehiclFs is}r if~t b~~r1E:r~~ c,` t ~rc~t~•~::tir,c:~ th~.ir ir,•,re;~r7~errt a~~~ proteE_ fir;n i'~=~ errvirr:}-,rrlent. ;:?::7t~;c1 this %tf"~ <:lcay :~f ~ecerT~k.~~-r, 2i Eli. - ~~ ` ,. r ~ ; %/ ~ 4~_ 7 c _ ~-r ~._ i lj ~ ~~'-'~' ~~.-. C ;,. .~ s~, .. .._~ sr . ' f'~~ ~ }~, , i ~ ~ ~ i. Lfi W j _ ~. ';~ ~ _ «~„~ ~~ f4'Mlwl $~' Mkl§#- 4 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item C 1 From: Dorothy O'Brien ,Utilities Director Strategic Plan Focus Area: Community Building, Progress and Innovation Strategic Plan Focus Area -Additional Information: The Marana Strategic Plan, under the Community Building focus area, contains multiple references to securing and effectively managing water and other utilities infrastructure. Subject: Resolution No. 2010-112: Relating to Utilities; approving and authorizing the Utilities Director to execute Amendment No. 4 and exhibits A, B and C to the Aggregated Energy Services Agreement (Contract No. 00-DSR-11223) by and among Western Area Power Administration, Yuma County Water Users' Association, Wellton-Mohawk Irrigation And Drainage District, Mohave Electric Cooperative, Inc., Eastern Arizona Preference Pooling Association, and the Town of Marana Utilities Department Discussion: The Town of Marana Utilities Department has an allocation of 1000 kW of electrical power (hydropower) from the Parker-Davis Project Electric Service. At this time, the Utilities Department is unable to use all of its allocation because the Town's only wheeling agreement for the power is with Trico Electric Cooperative, which serves only a portion of the Department's facilities. This item would authorize the Utilities Department to become a party to an existing Aggregated Energy Services (AES) Agreement by and among existing AES Group members -- Western Area Power Administration, Yuma County Water Users' Association, Wellton-Mohawk Irrigation And Drainage District, Mohave Electric Cooperative, Inc., and Eastern Arizona Preference Pooling Association. The original agreement sets forth the general terms, and the first, second, and third amendments to it add parties to the AES Group. Because of their volume, they are not included as background materials for this item, but they are available for review by contacting the Utilities Department. By joining the AES Group, the Utilities Department will be able to lay off all of its unused hydropower allocation to the AES Group and be reimbursed at the rate of $11.98 per MWh. Financial Impact: This item is anticipated to save the Utilities Department approximately $20,000 per year. Regular Council Meeting -December 7, 2010 -Page 7 of 128 ATTACHMENTS: Name: Description: Type: O Aggregated_Energy_Services.doc Reso Utilities Dept AES Group Participation Resolution ^ 11223 Amend 4 Final 11-17- - - 2.0.10. DOC Reso Exh A part 1: 4th Amendment to AES Agt Exhibit O 11223 E x A. Maran a Fi n al i 1 - _ . _ _ _ _ _ 17-2010.DOC Reso Exh A part 2: Exh A to 4th Amendment to AES Exhibit O 11223 Ex BMarana Final 11- _ 17-2010.DOC Reso Exh A part 3: Exh B to 4th Amendment to AES Exhibit ~ 11223 Ex GMarana Final 11- _ _ 17-2010.DOC Reso Exh A part 4: Exh C to 4th Amendment to AES Exhibit Staff Recommendation: Staff recommends adoption of Resolution No. 2010-112, approving and authorizing the Utilities Director to execute Amendment No. 4 and exhibits A, B and C to the Aggregated Energy Services Agreement (Contract No. 00-DSR-11223) Commission Recommendation - if applicable: The Utilities Citizen Advisory Commission recommends approval of Resolution No. 2010-112. Suggested Motion: I move to adopt Resolution No. 2010-112, approving and authorizing the Utilities Director to execute Amendment No. 4 and exhibits A, B and C to the Aggregated Energy Services Agreement. Regular Council Meeting -December 7, 2010 -Page 8 of 128 MARANA RESOLUTION N0.2010-112 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE AMENDMENT N0.4 AND EXHIBITS A, B AND C TO THE AGGREGATED ENERGY SERVICES AGREEMENT (CONTRACT NO. 00-DSR-11223) BY AND AMONG WESTERN AREA POWER ADMINISTRATION, YUMA COUNTY WATER USERS' ASSOCIATION, WELLTON-MOHAWK IRRIGATION AND DRAINAGE DISTRICT, MOHAVE ELECTRIC COOPERATIVE, INC., EASTERN ARIZONA PREFERENCE POOLING ASSOCIATION, AND THE TOWN OF MARANA UTILITIES DEPARTMENT WHEREAS the United States Department of Energy, Western Area Power Administration, allocated 1000 kW of electrical power (hydropower) from the Parker-Davis Project Electric Service to the Town of Marana Utilities Department; and WHEREAS the Utilities Department is currently unable to use all of its hydropower allocation; and WHEREAS by entering into the existing Aggregated Energy Services (AES) Agreement and joining the AES Group, the Utilities Department can lay off all of its unused hydropower to the AES Group and be reimbursed at the rate of $11.98 per MWh, saving the Utilities Department approximately $20,000 per year; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the Town are served by executing Amendment No. 4 and exhibits A, B and C to the Aggregated Energy Services Agreement (Contract No. 00-DSR-11223). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Amendment No. 4 and exhibits A, B and C to the Aggregated Energy Services Agreement (Contract No. 00-DSR-11223) by and among Western Area Power Administration, Yuma County Water Users' Association, Wellton-Mohawk Irrigation And Drainage District, Mohave Electric Cooperative, Inc., Eastern Arizona Preference Pooling Association, and the Town of Marana Utilities Department, all of which are collectively attached to and incorporated by this reference in this resolution as Exhibit A, are hereby approved, and the Utilities Director is hereby authorized to execute them, or substantially similar documents, for and on behalf of the Town of Marana Utilities Department. 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. Regui~re~l~~~yri®_1 ~cember 7, 2010 -Page 9 of 128 _ 1 - Aggregated Energy Services PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7t" day of December 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~re~l~~~_1 ~cember 7, 2010 -Page 10 of 128 _ 2 - Aggregated Energy Services AMENDMENT N0.4 TO CONTRACT NO.00-DSR-11223 AMONG UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Customer Service Region Parker-Davis Project SLCA Integrated Projects Boulder Canyon Project AND YUMA COUNTY WATER USERS' ASSOCIATION AND WELLTON-MOHAWK IRRIGATION AND DRAINAGE DISTRICT AND MOHAVE ELECTRIC COOPERATIVE, INC. AND EASTERN ARIZONA PREFERENCE POOLING ASSOCIATION AND TOWN OF MARANA, AZ UTILITIES DEPARTMENT FOR AGGREGATED ENERGY SERVICES Table of Contents Section Title Page No. 1 Preamble ............................................................................................. 1 2 Explanatory Recitals .......................................................................... 2 3 Agreement .......................................................................................... 2 Regular Council Meeting -December 7, 2010 -Page 11 of 128 i Table of Contents (cont.) Section Title Page No. 4 Modification of Section 14 of the Original Contract (Operating Board) ........................................................................ 2 5 Term of Amendment .......................................................................... 2 6 Original Contract to Remain in Effect ............................................... 3 7 Execution in Counterpart ................................................................... 3 8 Authority to Execute ........................................................................... 3 Signature Clause ......................................................................................................... 4 Exhibits Regular Council Meeting -December 7, 2010 -Page 12 of 128 11 AMENDMENT N0.4 TO CONTRACT NO.00-DSR-11223 AMONG UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Customer Service Region Parker-Davis Project SLCA Integrated Projects Boulder Canyon Project AND PUMA COUNTY WATER USERS' ASSOCIATION AND WELLTON-MOHAWK IRRIGATION AND DRAINAGE DISTRICT AND MOHAVE ELECTRIC COOPERATIVE, INC. AND EASTERN ARIZONA PREFERENCE POOLING ASSOCIATION AND TOWN OF MARANA, AZ UTILITIES DEPARTMENT FOR AGGREGATED ENERGY SERVICES 1. PREAMBLE: This Contract Amendment No. 4 (Amendment) is made this day of , 2010, among Western Area Power Administration (Western), Yuma County Water Users' Association (YCWUA), Wellton-Mohawk Irrigation And Drainage District (WMIDD), Mohave Electric Cooperative, Inc. (MEC), Eastern Arizona Preference Pooling Association (EAPPA), and the Town of Marana, AZ Utilities Regular Counal Meeting -December 7, 2010 -Page 13 of 128 1 Department (Marana) as part of Contract No. 00-DSR-11223, as amended (Original Contract), pursuant to the same authorities as the Original Contract, and subject to all the provisions of the Original Contract, except as herein amended. Western, YCWUA, WMIDD, MEC, EAPPA, and Marana may individually be referred to as Party and collectively as Parties; except that YCWUA, WMIDD, MEC, EAPPA, and Marana may be referred to individually as Contractor and collectively as Contractors. 2. EXPLANATORY RECITALS: 2.1 Western, YCWUA, WMIDD, MEC, and EAPPA entered into the Original Contract, which provides for Aggregated Energy Services. 2.2 The Parties now desire to add Marana as a participant in this Contract. 2.3 Marana meets the qualifications for admission under the terms of Section 7 of the Original Contract. 3. AGREEMENT: The Parties agree to the terms and conditions set forth herein. 4. MODIFICATION OF SECTION 14 OF THE ORIGINAL CONTRACT (OPERATING BOARDI: Subparagraph 14.1.2.4 of the Original Contract is hereby deleted in its entirety and replaced with the following: "14.1.2.4 EAPPA and Marana will have limited voting rights. Such rights shall be determined at the first Operating Meeting which follows execution of documents for each to become a Party to this Contract." 5. TERM OF AMENDMENT: This Amendment shall become effective upon execution, and shall remain in effect and terminate concurrently with the Original Contract, as amended. Regular Council Meeting -December 7, 2010 -Page 14 of 128 2 6. ORIGINAL CONTRACT TO REMAIN IN EFFECT: Except as expressly modified by this Amendment, the Original Contract shall remain in force and effect, and this Amendment shall be subject to all terms of the Original Contract. 7. EXECUTION IN COUNTERPART: This Amendment may be executed in any number of counterparts and, upon execution and delivery by each Party, the executed and delivered counterparts together shall have the same force and effect as an original instrument as if all Parties had signed the same instrument. Any signature page of this Contract may be detached by any counterpart of this Contract without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Contract identical in form hereto, by having attached to it one or more signature pages. 8. AUTHORITY TO EXECUTE: Each individual signing this Amendment certifies that the Party represented has duly authorized such individual to execute this Amendment that binds and obligates the Party. Regular Council Meeting -December 7, 2010 -Page 15 of 128 The Party named below has caused this Amendment No. 4 to Contract No. 00-DSR-11223, as amended, to be executed as of the date first written above. DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION By Penny D. Casey Title Manager, Energy Management and Marketing Office Address Desert Southwest Region P.O. Box 6457 Phoenix, AZ 85005-6457 Regular Council Meeting -December 7, 2010 -Page 16 of 128 4 The Party named below has caused this Amendment No. 4 to Contract No. 00-DSR-11223, as amended, to be executed as of the date first written above. YUMA COUNTY WATER USERS' ASSOCIATION By Tom Davis Title Manal?er Address 3800 West County 15th Street Somerton, AZ 85350 Regular Council Meeting -December 7, 2010 -Page 17 of 128 The Party named below has caused this Amendment No. 4 to Contract No. 00-DSR-11223, as amended, to be executed as of the date first written above. WELLTON-MOHAWK IRRIGATION AND DRAINAGE DISTRICT By Elston K. Grubaugh Title General Manager Address 30570 Wellton-Mohawk Drive Wellton, AZ 85356 Regular Council Meeting -December 7, 2010 -Page 18 of 128 6 The Party named below has caused this Amendment No. 4 to Contract No. 00-DSR-11223, as amended, to be executed as of the date first written above. MOHAVE ELECTRIC COOPERATNE By Robert E. Broz Title Chief Executive Officer Address 1999 Arena Drive Bullhead City, AZ 86442 Regular Council Meeting -December 7, 2010 -Page 19 of 128 ~ The Party named below has caused this Amendment No. 4 to Contract No. 00-DSR-11223, as amended, to be executed as of the date first written above. EASTERN ARIZONA PREFERENCE POOLING ASSOCIATION By Paul Ramsey Title President, Eastern Arizona Preference Pooling Association Address c/o City of St. Johns 75 West Cleveland Street St. Johns, AZ 85936 Regular Council Meeting -December 7, 2010 -Page 20 of 128 8 The Party named below has caused this Amendment No. 4 to Contract No. 00-DSR-11223, as amended, to be executed as of the date first written above. TOWN OF MARANA, AZ UTILITIES DEPARTMENT By Dorothy O'Brien Title Utilities Director Address Town of Marana Utilities Department 5100 W Ina Road Marana, AZ 85743 Regular Council Meeting -December 7, 2010 -Page 21 of 128 9 Exhibit A.MARANA Contract No. 00-DSR-11223 Town Of Marana, Az Utilities Department TOWN OF MARANA, AZ UTILITIES DEPARTMENT 1. This Exhibit A.MARANA, made this day of , 2010, to be effective under and as a part of Contract No. 00-DSR-11223, as amended (Contract), shall become effective upon execution, and shall remain in effect until superseded by another Exhibit A.MARANA; provided, this Exhibit A.MARANA, or any superseding Exhibit A.MARANA, shall terminate by the expiration of the Contract. 2. CONTRACTOR'S POWER RESOURCES: A. Power: Energy and capacity from the Parker-Davis Project as allocated in Contract No. 07-DSR-11766 for firm electric service, as may be revised or superseded. B. Transmission: Firm transmission from the Parker Davis Project as provided for in Contract No. 07-DSR-11766, as may be revised or superseded. 3. This Exhibit A.MARANA to Contract No. 00-DSR-11223, as amended, maybe modified in accordance with Section 19 of the Contract. Regular Council Meeting -December 7, 2010 -Page 22 of 128 page 1 of 2 Exhibit A.MARANA Contract No. 00-DSR-11223 Town Of Marana, Az Utilities Department The Parties have caused this Exhibit A.MARANA, to Contract No. 00-DSR-11223, as amended, to be executed on the date first written above. DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION By Penny D. Casey Title Manager, Energ,~gement and Marketing Office Address Desert Southwest Region P.O. Box 6457 Phoenix, AZ 85005-6457 TOWN OF MARANA, AZ UTILITIES DEPARTMENT By Dorothy O'Brien Title Utilities Director Address Town of Marana Utilities Department 5100 W Ina Road Marana, AZ 85743 Regular Council Meeting -December 7, 2010 -Page 23 of 128 page 2 of 2 Exhibit B.MARANA Contract No. 00-DSR-11223 Town Of Marana, Az Utilities Department TOWN OF MARANA, AZ UTILITIES DEPARTMENT 1. This Exhibit B.MARANA, made this day of , 2010, to be effective under and as a part of Contract No. O1-DSR-11223, as amended (Contract), shall become effective upon execution, and shall remain in effect until superseded by another .Exhibit B.MARANA; provided, this Exhibit B.MARANA, or any superseding Exhibit B.MARANA, shall terminate by the expiration of the Contract. 2. DESIGNATED LOADS: For the purposes of this Contract, no loads are currently listed for this Contractor as no MARANA loads are to be aggregated by Western as a part of this Contract. This Exhibit B.MARANA to Contract No. 00-DSR-11223, as amended, may be modified in accordance with Section 19 of the Contract. Regular Council Meeting -December 7, 2010 -Page 24 of 128 page 1 of 2 Exhibit B.MARANA Contract No. 00-DSR-11223 Town Of Marana, Az Utilities Department The Parties have caused this Exhibit B.MARANA, to Contract No. 00-DSR-11223, as amended, to be executed on the date first written above. DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION By Penny D. Casey Title Manager, Energy Management and Marketing Office Address Desert Southwest Region P.O. Box 6457 Phoenix, AZ 85005-6457 TOWN OF MARANA, AZ UTILITIES DEPARTMENT By Dorothy O'Brien Title Utilities Director Address Town of Marana Utilities Department 5100 W Ina Road Marana, AZ 85743 Regular Council Meeting -December 7, 2010 -Page 25 of 128 page 2 of 2 Exhibit C.MARANA Contract No. 00-DSR-11223 Town Of Marana, Az Utilities Department TOWN OF MARANA. AZ UTILITIES DEPARTMENT OTHER SERVICES AND TERMS 1. This Exhibit C.MARANA, made this day of , 2010, to be effective under and as a part of Contract No. 01-DSR-11223, as amended (Contract), shall become effective upon execution, and shall remain in effect until superseded by another Exhibit C.MARANA; provided, this Exhibit C.MARANA, or any superseding Exhibit C.MARANA, shall terminate by the expiration of the Contract. 2. SERVICES: Services will only be required for resources other than those that are federally contracted. Compensation for these services is outlined in Section 13 of the Contract. The services are as follows: 2.1 Enemy Management and Marketing Services -Non Real-Time: Aggregate Resources will be scheduled utilizing economic dispatch principles. Energy Management and Marketing Services shall also include accounting, reporting, and participation on the Operating Board as described in Parts One and Three of the Contract. 2.2 Enemy Management and Marketing Services -Real-Time: 2.2.1 Monitor in a real-time environment Contractor's resources as detailed in Exhibit A.MARANA. 2.2.2 Enter resource schedules within the identified time constraints, creating Interchange Transaction Tags (Tags) that represent the transmission service request required for resource scheduling, Regular Council Meeting -December 7, 2010 -Page 26 of 128 page 1 of 4 Exhibit C.MARANA Contract No. 00-DSR-11223 Town Of Marana, Az Utilities Department which is coordinated with other utilities, traders, and Western Electricity Coordinating Council (WECC) control areas. 3. COSTS: The Contractor's costs associated with the Contract shall be funded in accordance-with Section 15 of the Contract. The Contractor will be billed on a semi-annual basis unless otherwise specified. 3.1 Energy Management and Marketing Services -Non Real-Time: The estimated annual cost of providing this service for a fiscal year is Two Hundred l~ifl~°-~lnc 'I~l~ousar~d l~i~e 1letndrecl "1~~~•et~--C)ne Dollars at~cl l,~rt~~-"1l~~ee C~;nts ~2~1,~21.43). 3.2 Energy Management and Marketing Services -Real-Time: The estimated annual cost of providing this service for a fiscal year is (:one t-lundred figt~~-light l'o~isad C)nc: H~-dred Dine Dollars and Si:~t~~-Sig Cents (1 ~,10~,6ti}. 3.3 Pass Through Costs:. Such costs include, but are not limited to, purchase of power, transmission wheeling costs, transmission. service application costs, and ancillary service costs. Prior to Western incurring costs on behalf of the Contractor, that would be considered pass through costs that are not expressly identified in this Section, Western will discuss with the AES group. 3.4 5~ecial Proiect/Other Costs: The Operating Board will approve other costs that are determined by Western and/or the Operating Board. 3.5 All Energy Management and Marketing Service costs incurred under the Contract will be billed to WMIDD, as the designated treasurer of AES. WMIDD will in Regular Council Meeting -December 7, 2010 -Page 27 of 128 page 2 of 4 Exhibit C.MARANA Contract No. 00-DSR-11223 Town Of Marana, Az Utilities Department turn invoice the other Contractors who are signatory to the Contract for amounts as determined by the Operating Board. On a monthly basis, Western shall supply the Contractor a detailed report of expenditures incurred during the preceding month. 3.6 Contractor's real-time cost may increase from original estimated cost in accordance with subsection 13.5 of the Contract. 3.7 Contractor's real-time cost shall not increase from original estimated cost plus inflation for the sole reason of increased costs due to a new customer contracting with Western for real-time services. 3.8 The Contractor's real-time costs may decrease in the event a new customer contracts with Western for real-time services and additional resources are not required to perform these functions. 3.9 In the event a new customer contracts with Western for real-time services and Contractor's real-time costs have been decreased in accordance with subsection 3.8 above, Contractor's real-time costs may be increased to the original cost estimate plus inflation. 4. ADDITIONAL POWER: AES will not provide Additional Power to Marana. 5. WITHDRAWAL PROCEDURES: 5.1 Marana may withdraw from the Contract in accordance Section 8 of the Contract or as provided in subsection 5.2 herein. Regular Council Meeting -December 7, 2010 -Page 28 of 128 page 3 of 4 Exhibit C.MARANA Contract No. 00-DSR-11223 Town Of Marana, Az Utilities Department 5.2 Marana may withdraw from the Contract upon a 30-day notice from Western that Marana's full Western hydro allotment is being scheduled to Marana. This Exhibit C.MARANA to Contract No. 00-DSR-11223, as amended, may be modified in accordance with Section 19 of the Contract. The Parties have caused this Exhibit C.MARANA, to Contract No. 00-DSR-11223, as amended, to be executed on the date first written above. DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION By Penny D. Casey Title Manager, Energy Management and Marketing Office Address Desert Southwest Region P.O. Box 6457 Phoenix, AZ 85005-6457 TOWN OF MARANA, AZ UTILITIES DEPARTMENT By Dorothy O'Brien Title Utilities Director Address Town of Marana Utilities Department 5100 W Ina Road Marana, AZ 85743 Regular Council Meeting -December 7, 2010 -Page 29 of 128 page 4 of 4 ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item C 2 From: Dorothy O'Brien ,Utilities Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: The Marana Strategic Plan, under the Community Building focus area, contains multiple references to securing and effectively managing water resources. Subject: Resolution No. 2010-113: Relating to Utilities; approving and authorizing the Mayor to execute an Agreement for Tucson Area Reliability among the Central Arizona Water Conservation District, The City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley Discussion: The Central Arizona Water Conservation District (CAWCD) delivers surface water to the Tucson area water providers utilizing the Central Arizona Project canal. In 1986, the United States, CAWCD, the City of Tucson and a number of Phoenix area water providers executed a concept for Tucson Area Reliability. Discussions and concepts for reliability to the Tucson region have taken place for years since that time. The proposed agreement between the Central Arizona Water Conservation District, the City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley fulfills all of the reliability requirement from 1986. All of the parties who are signatory to this agreement have participated in the reliability discussion with staff members from CAWCD. Within the agreement, the parties agree to take their reliability either at the Lower Santa Cruz Recharge facility or the Pima Mine Road Recharge Project. The agreement has an article which allows the reliability volume to be modified should the Water Provider's CAP Subcontract be amended. The term of the agreement is the term of each Water Provider's CAP Subcontract with CAWCD and the Secretary of the Interior. Financial Impact: There is no direct financial impact with this agreement. ATTACHMENTS: Regular Council Meeting -December 7, 2010 -Page 30 of 128 Name: Description: Type: O CAP_Reliablly resolution.doc CAP Reliability Resolution Resolution O Tucson Reliability Agreement v 7 11- 23-10_Proposed._Final.doc Reso Exh A: Reliability IGA Exhibit Staff Recommendation: Staff recommends approving and authorizing the Mayor to execute an Agreement for Tucson Area Reliability among the Central Arizona Water Conservation District, the City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley. Commission Recommendation - if applicable: This agreement will be discussed at the next Commission meeting in January 2011. The agreement aligns with the policies of the Utilities Department and the guidance provided by the Commission. Suggested Motion: I move to adopt Resolution No. 2010-113, approving and authorizing the Mayor to execute an Agreement for Tucson Area Reliability among the Central Arizona Water Conservation District, the City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley. Regular Council Meeting -December 7, 2010 -Page 31 of 128 MARANA RESOLUTION NO. 2010-113 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR TUCSON AREA RELIABILITY AMONG THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT, THE CITY OF TUCSON, FLOWING WELLS IlZRIGATION DISTRICT, METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY WHEREAS the Marana Utilities Department has a Municipal and Industrial Central Arizona Subcontract for the delivery of surface water by the Central Arizona Water Conservation District (CAWCD) utilizing the Central Arizona Project canal; and WHEREAS the Town endeavors to take its surface water at the Lower Santa Cruz Recharge Facility; and WHEREAS, the Town has partnered the City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley to develop a reliability solution with mutually beneficial to all parties of the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Tucson Area Reliability Among the Central Arizona Water Conservation District, The City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley attached as Exhibit A to this resolution and incorporated here by this reference is hereby approved, and the Mayor is hereby authorized 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 7th day of December 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 7, 2010 -Page 32 of 128 AGREEMENT FOR TUCSON AREA RELIABILITY AMONG THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT, THE CITY OF TUCSON, FLOWING WELLS IRRIGATION DISTRICT, METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY This Agreement is made this day of , 2010 among the Central Arizona Water Conservation District, the City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley. RECITALS A. On April 15, 1986, the United States, CAWCD, the City of Tucson and a number of Phoenix-area entities executed the Plan 6 Funding Agreement. The concept of a Tucson-area CAP reliability feature derives from the Plan 6 Funding Agreement. Article 8.a of the Plan 6 Funding Agreement provides: "The first priority for available Federal funds shall be for construction of the Aqueduct facilities through Tucson Phase B, exclusive of terminal storage. Terminal storage, if approved by the Secretary, shall be constructed after completion of the Tucson Phase B aqueduct and shall be phased with construction of New Waddell Dam, Cliff Dam and modification of Stewart Mountain and Roosevelt Dams, as set forth in Exhibit "A"; Provided, however, That in applying the principles and Guidelines (or such successors as my be applicable) to the planning for Terminal Storage, the United States agrees to consider all factors relating to the reliability of the Aqueduct south of the Phoenix area. Before concluding its analysis, the United States shall consult with CAWCD and Tucson to determine the acceptability of the United States' plan to provide the reasonable reliability (as defined in Subarticle 3.p). B. Subarticle 3.p of the Plan 6 Funding Agreement defines "Terminal Storage" as "surface storage facilities or an alternative to surface storage facilities, in the Tucson area, which, if approved by the Secretary, will provide as reasonably reliable a supply of municipal and industrial (M&I) water for the water users in the Tucson area as is provided for other major Central Arizona Project M&I water subcontractors." C. To fulfill its commitment under the Plan 6 Funding Agreement, the United States, acting through the Bureau of Reclamation, initiated the Tucson Area System Reliability Investigation (TASRI) in 1987 to determine the difference in CAP water delivery reliability between the Tucson and Phoenix metropolitan areas and to evaluate alternative methods for reducing or eliminating that difference. Throughout the 1990s, Reclamation conducted an extensive public process to discuss and obtain input on the Regular Council Meeting -December 7, 2010 -Page 33 of 128 project. That process led to publication of a draft environmental impact statement in 1995 and a fmal EIS in 1998. D. In the 1998 final EIS, Reclamation concluded that the only significant difference in CAP water delivery reliability between the Phoenix and Tucson areas results from planned maintenance outages. Specifically, Reclamation determined that providing a 30-day backup supply to meet low flow winter demands would afford Tucson area CAP M&I subcontractors reliability equivalent to that of Phoenix area CAP M&I subcontractors. E. Reclamation determined the volume of this 30-day backup supply for each of the Water Providers (the "Reliability Volume"). F. At present, the Water Providers intend to make use of their CAP entitlements through underground storage and recovery rather than direct delivery to water treatment plants, and to maximize their use of CAP water and other renewable water supplies at Tucson area recharge facilities. G. The City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley believe CAP reliability can be achieved through underground storage, or other reliability alternatives for a possible water treatment plant, and desire to enter into this Agreement with CAWCD to insure the reliability of their CAP deliveries through underground storage. H. In 1998, the Arizona legislature added Article 6 to Chapter 3.1 of Title 45, Arizona Revised Statutes, authorizing the development of underground storage projects known as "State demonstration projects". The stated purposes of this Article 6, as set forth in A.R.S. § 45-891.01, are: "1. To protect the general economy and welfare of this state and its citizens by wise resource management of the water of the central Arizona project. 2. To store for future needs or use for replenishment purposes the central Arizona project water not now utilized by central Arizona project subcontractors. 3. To provide an additional source of water for times of serious water shortage due to a substantial reduction in the supply of central Arizona project water available for delivery to central Arizona project subcontractors or a prolonged interruption of deliveries of central Arizona project water." I. The Lower Santa Cruz Recharge Project is a state demonstration project constructed pursuant to A.R.S. 45-891.01 et s~ CAWCD owns and operates the Lower Santa Cruz Recharge Project. Regular Council Meeting -December 7, 2010 -Page 34 of 128 2 J. The City of Tucson and CAWCD partnered in the development of the Pima Mine Road Recharge Project pursuant to the Pima Mine Road Recharge Project Intergovernmental Agreement, dated May 18, 2002, ("PMRRP IGA") and each owns 50% of the storage capacity of the facility. CAWCD's 50% share of the Pima Mine Road Recharge Project is a state demonstration project constructed pursuant to A.R.S. 45- 891.01 et sec .. CAWCD operates the Pima Mine Road Recharge Project. CAWCD and the City of Tucson are currently negotiating an amendment to the PMRRP IGA. K. The parties to this Agreement intend to solve the Terminal Storage/Reliability issue without the expenditure of additional federal funds. L. If the CAP M&I subcontract entitlements of the Water Providers change in the future, the parties agree to meet and consult on whether this Agreement should be amended to reflect the new entitlements. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, and intending to be legally bound, the parties hereby agree as follows. ARTICLE 1 DEFINITIONS 1.1 "ADWR" means the Arizona Department of Water Resources. 1.2 "Agreement" means this Agreement for Tucson Area Reliability among the Central Arizona Water Conservation District, the City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley. 1.3 "CAWCD" means the Central Arizona Water Conservation District. 1.4 "CAVSARP" means the Central Avra Valley Storage and Recovery Project, which is owned and operated by the City of Tucson. 1.5 "LSCRP" means the Lower Santa Cruz Recharge Project, which is owned and operated by CAWCD. 1.6 "Northwest Providers" means Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley. 1.7 "PMRRP".means the Pima Mine Road Recharge Project, which is owned by CAWCD and the City of Tucson and operated by CAWCD. 1.8 "Reclamation" means the United States Bureau of Reclamation. Regular Council Meeting -December 7, 2010 -Page 35 of 128 1.9 "Reliability Volume" means the volume of the 30-day backup supply necessary to meet the reliability needs of each of the Water Providers, as determined by Reclamation. The Reliability Volume for each of the Water Providers is: the City of Tucson - 11,665 af; Flowing Wells Irrigation District - 231 af; Metropolitan Domestic Water Improvement District - 1,089 af; Spanish Trail Water Company - 246 af; the Town of Marana - 124 af; the Town of Oro Valley - 834 af; Vail Water Company - 150 af. 1.10 "SAVSARP" means the Southern Avra Valley Storage and Recovery Project, which is owned and operated by the City of Tucson. 1.11 "Water Providers" means the City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, Spanish Trail Water Company, the Town of Marana and the Town of Oro Valley and Vail Water Company. 1.12 "Water Storage Permit" is as defined in Arizona Revised Statutes § 45- 802.01(24). ARTICLE 2 RESPONSIBILITY OF NORTHWEST PROVIDERS - ANNUAL COORDINATION BETWEEN CAWCD AND NORTHWEST PROVIDERS 2.1 At present, the Northwest Providers intend to make use of their CAP entitlements through underground storage and recovery rather than direct delivery to water treatment plants. The Northwest Providers are responsible for securing access to sufficient storage capacity at underground storage facilities to provide for storage of their CAP entitlements over atwelve-month period. The Northwest Providers shall obtain and maintain Water Storage Permits from ADWR authorizing them to store water at such underground storage facilities. 2.2 No later than November 1St of each year during the term of this Agreement, CAWCD and the Northwest Providers shall meet and confer regarding the availability of storage capacity for the Northwest Providers during the following year and the delivery of the Northwest Providers' CAP entitlements to such storage facilities during the following year. ARTICLE 3 RESERVATION OF LSCRP STORAGE CAPACITY FOR NORTHEWEST PROVIDERS 3.1 During the annual consultation pursuant to Article 2.2, if CAWCD and the Northwest Providers determine that the Northwest Providers' CAP water delivery schedules for the following year cannot be filled due to a CAP planned maintenance outage and the scheduled volume cannot be moved to another month for storage at the LSCRP or another storage facility available and acceptable to the Northwest Providers, then CAWCD shall reserve 2,278 of of storage capacity in the LSCRP for the benefit of Regular Council Meeting -December 7, 2010 -Page 36 of 128 4 the Northwest Providers. This 2,278 of of reserved LSCRP storage capacity is allocated among the Northwest Providers as follows: Flowing Welis Irrigation District - 231 af; Metropolitan Domestic Water Improvement District - 1,089 af; the Town of Marana - 124 af; and the Town of Oro Valley - 834 af. Provided, however, CAWCD is obligated to reserve storage capacity pursuant to this Article only if both of the following conditions have been satisfied: (i) the Northwest Providers have coordinated with CAWCD during the previous year in accordance with Article 2.2 above, and (ii) the Northwest Providers have met their responsibility under Article 2.1 above. CAWCD will manage the reserved storage capacity and may utilize such capacity for other purposes if it is not needed in any year for reliability. 3.2 Each Northwest Provider shall obtain and maintain a Water Storage Permit from ADWR authorizing it to store water at the LSCRP. 3.3 Each Northwest Provider shall be responsible for paying all water delivery and storage costs associated with its use of the LSCRP storage capacity reserved pursuant to Article 3.1 above. ARTICLE 4 RESPONSIBILITY OF TUCSON - ANNUAL COORDINATION BETWEEN CAWCD AND TUCSON 4.1 The City of Tucson intends to make use of its CAP entitlement through underground storage and recovery rather than direct delivery to a water treatment plant. The City of Tucson has developed two underground storage facilities: CAVSARP and SAVSARP, and owns 50% of the storage capacity in the PMRRP. The City of Tucson is responsible for utilizing the storage capacity it owns at these underground storage facilities to provide for use of its CAP entitlement over atwelve-month period. 4.2 No later than November 1St of each year during the term of this Agreement, CAWCD and the City of Tucson shall meet and confer regarding the availability of storage capacity for the City of Tucson at CAVSARP, SAVSARP and the PMRRP during the following year and the delivery of the City of Tucson's CAP entitlement to such storage facilities during the following year. In addition, CAWCD and the City of Tucson will coordinate underground storage activities at CAVSARP, SAVSARP and PMRRP to maximize the amount of CAP water that maybe stored at all regional facilities each year by developing a rolling five-year cooperative underground storage plan. ARTICLE 5 RESERVATION OF CAWCD PMRRP STORAGE CAPACITY FOR TUCSON 5.1 In any year in which the City of Tucson schedules more than 132,526 of of its CAP subcontract entitlement for delivery, CAWCD shall reserve CAWCD storage Regular Council Meeting -December 7, 2010 -Page 37 of 128 5 capacity in the PMRRP to meet the reliability needs of the City of Tucson. The volume of PMRRP storage capacity reserved shall be equal to the difference between the volume of Tucson's subcontract entitlement scheduled for delivery in that year and 132,526 af, not to exceed 6,000 af. CAWCD will manage the reserved storage capacity and may utilize such capacity for other purposes if it is not needed in any year for reliability. CAWCD and the City of Tucson will address any remaining reliability needs through conjunctive management of CAVSARP, SAVSARP and PMRRP. Provided, however, CAWCD is obligated to reserve storage capacity pursuant to this Article for the City of Tucson only if both of the following conditions have been satisfied: (i) the City of Tucson has coordinated with CAWCD during the previous year in accordance with Article 4.2 above; (ii) the City of Tucson has met its responsibility under Article 4.1 above. 5.2 The City of Tucson shall be responsible for paying all water delivery and storage costs associated with its use of CAWCD storage capacity at the PMRRP reserved pursuant to Article 5.1 above. ARTICLE 6 RESERVATION OF CAWCD PMRRP STORAGE CAPACITY FOR VAIL WATER AND SPANISH TRAIL 6.1 If CAWCD determines that Vail Water Company's and Spanish Trail Water Company's CAP water delivery schedules for the following year cannot be filled due to a CAP planned maintenance outage and the scheduled volumes cannot be moved to another month for storage at another storage facility available to those entities, then CAWCD shall reserve up to a total of 396 of of CAWCD storage capacity in the PMRRP for the benefit of Vail Water Company and Spanish Trail Water Company. CAWCD will manage the reserved storage capacity and may utilize such capacity for other purposes if it is not needed in any year for reliability. Provided, however, CAWCD is obligated to reserve storage capacity pursuant to this Article for Spanish Trail Water Company and Vail Water Company only if: (i) Vail Water Company and Spanish Trail Water Company have obtained a Water Storage Permit from ADWR authorizing them to store water at the PMRRP; and (ii) Vail Water Company and Spanish Trail Water Company have secured access to sufficient storage capacity at underground storage facilities to provide for storage of their CAP entitlements over atwelve-month period. 6.2 Vail Water Company and Spanish Trail Water Company shall be responsible for paying all water delivery and storage costs associated with their use of CAWCD storage capacity at the PMRRP reserved pursuant to Article 6.1 above. ARTICLE 7 CAWCD DEDICATION OF FUNDS FOR FIRMING IN THE TUCSON AMA CAWCD agrees to dedicate $ 6.0 million to be used for firming the CAP M&I entitlements of water providers in the Tucson AMA, increasing the available Regular Council Meeting -December 7, 2010 -Page 38 of 128 6 underground storage capacity in the Tucson AMA, or other purposes consistent with accommodating the reduction in available state demonstration storage capacity at the LSCRP and the PMRRP resulting from the reservation of storage capacity at such facilities pursuant to this Agreement. ARTICLE 8 INSURING RELIABILITY FOR DIRECT DELIVERIES OF CAP ENTITLEMENT In the event a Northwest Provider constructs a water treatment plant that uses CAP water directly from the CAP aqueduct within twenty years of the execution of this Agreement, then CAWCD will continue delivery of water to such treatment plant during any planned maintenance outage. This continued delivery would be accomplished through the use of CAP canal storage, by-pass pumps, or other reliable means or methods, as determined by CAWCD. ARTICLE 9 SATISFACTION OF UNITED STATES' AND CAWCD'S COMMITMENTS IN THE PLAN 6 FUNDING AGREEMENT The Water Providers hereby recognize that this Agreement fully satisfies any obligation or commitment of the United States or CAWCD for insuring the reliability of deliveries of Tucson area CAP entitlements arising out of the Plan 6 Funding Agreement. Further, the Water Providers hereby release the United States from any obligation to insure the reliability of deliveries of Tucson area CAP entitlements that may be construed to arise out of the Plan 6 Funding Agreement. ARTICLE 10 UNITED STATES, VAIL WATER COMPANY AND SPANISH TRAIL WATER COMPANY AS EXPRESS THIItD-PARTY BENEFICIARIES; 10.1 The United States is an express third-party beneficiary of the provisions of Article 9 of this Agreement. 10.2 Vail Water Company and Spanish Trail Water Company are express third-party beneficiaries of the provisions of Article 6 of this Agreement. ARTICLE 12 GENERAL PROVISIONS 11.1 Additional Documentation. Each party agrees to execute and record any additional documentation that the other may reasonably require to effectuate the intents and purposes of this Agreement. Regular Council Meeting -December 7, 2010 -Page 39 of 128 ~ 11.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties and no understandings or obligations not expressly set forth in this Agreement are binding upon the parties. 11.3 Amendments. This Agreement may be modified, amended or revoked only by the express written agreement of the parties hereto, 11.4 Interpretation. This Agreement is governed by and must be construed and interpreted in accordance with and in reference to the laws of the State of Arizona, without regard to its conflict of laws provisions. Any action to resolve any dispute regarding this Agreement shall be taken in a state court of competent jurisdiction located in Maricopa County, Arizona. 11.5 Waiver. No delay in exercising any right or remedy shall constitute a waiver unless such right or remedy is waived in writing signed by the waiving party. The waiver by either party of a breach of any term, covenant, or condition in this Agreement shall not be deemed a waiver of any other term, covenant, or condition of this Agreement. 11.6 Rules, Regulations, and Amendment or Successor Statutes. All references in this Agreement to the Arizona Revised Statutes include all rules and regulations promulgated by the Arizona Department of Water Resources under such statutes and all amendment statutes and successor statutes, rules, and regulations to such statutes, rules, and regulations. 11.7 Severability. Any determination by any court of competent jurisdiction that any provision of this Agreement is invalid or unenforceable does not affect the validity or enforceability of any other provision of this Agreement. 11.8 Ca tions. All captions, titles, or headings in this Agreement are used for the purpose of reference and convenience only and do not limit, modify, or otherwise affect any of the provisions of this Agreement. 11.9 Term. The term of this Agreement between each Water Provider and CAWCD shall be commensurate with the term of each Water Provider's CAP Subcontract with CAWCD and the Secretary of the Interior. 11.10 Notices. Except as otherwise required by law, any notice given in connection with this Agreement must be in writing and must be given by personal delivery, overnight delivery, facsimile, or United States certified or registered mail. Any such notice must be addressed to the appropriate party at the following address (or at any other address as a party may hereafter designate by written notice given as required by this. paragraph): CAWCD: For delivery use: Central Arizona Water Conservation District Regular Council Meeting -December 7, 2010 -Page 40 of 128 c/o General Manager 23636 N. 7th Street Phoenix, AZ 85024 For U.S. Mail use: Central Arizona Water Conservation District c/o General Manager P.O Box 43020 Phoenix, AZ 85080-3020 The City of Tucson: Flowing Wells Irrigation District: For delivery and For U.S. Mail use: Flowing Wells Irrigation District c/o President 3901 N. Fairview Ave. Tucson, Arizona 85705 Metropolitan Domestic Water Improvement District: For delivery and for U.S. Mail use: Metropolitan Domestic Water Improvement District c/o General Manager 6265 North La Canada Drive Tucson, Arizona 85704 The Town of Marana: The Town of Oro Valley: For delivery and for U.S. Mail use: The Town of Oro Valley c/o Water Utility Director and Town Attorney 11000 N. La Canada Dr. Oro Valley, AZ 85737 Notice is deemed to have been given on the date on which notice is personally delivered, delivered to an overnight delivery service, transmitted by facsimile or mailed. Notice is deemed to have been received on the date on which the notice is actually received or delivery is refused. 11.11 A.R.S. 38-511. This Agreement is subject to the provisions of A.R.S. 38-511. Regular Council Meeting -December 7, 2010 -Page 41 of 128 9 11.12 Effective Date. This Agreement shall be effective upon full execution on behalf of the governing board/councils CAWCD, the City of Tucson, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first set forth above. CENTRAL ARIZONA WATER CONSERVATION DISTRICT By: Its: ATTEST: THE CITY OF TUCSON By: Its: ATTEST: FLOWING WELLS IRRIGATION DISTRICT By: Its: Regular Council Meeting -December 7, 2010 -Page 42 of 128 1 ~ ATTEST: METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT By: Its: ATTEST: THE TOWN OF MARANA By: Its: ATTEST: THE TOWN OF ORO VALLEY By: Its: ATTEST: Town Clerk APPROVED AS TO FORM: Tobin Rosen, Town Attorney Regular Council Meeting -December 7, 2010 -Page 43 of 128 I I Regular Council Meeting -December 7, 2010 -Page 44 of 128 I Z ....~" ~'~i~ d 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-114: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 -Compensation Discussion: Consistent with Ordinance 99.12 and Resolution 99-38, amendments to the Personnel Policies and Procedures, Chapter 3, were presented as a first reading for Council consideration on November 16, 2010. At the conclusion of the presentation, Council directed staff to return with this item for final approval. During the November 16th Mayor and Council meeting where this policy was presented, a concern was raised that an employee should not be surprised if his or her initial evaluation period is unsuccessful. In response to this concern, staff added language to strengthen a supervisor's responsibility to ensure that timely feedback is given and that, should there be any performance discrepancies, they should be addressed in a timely manner such that an employee has ample time to correct performance deficiencies where appropriate. Another question was asked regarding the number of times a new police officer is evaluated. A review of the policy indicates that new police officers are evaluated twice before completing an initial evaluation period (not three times as stated during the presentation). Additionally mentioned at this meeting was consideration of a 16-month evaluation period for a new (recruit) police officer instead of 18 months as currently practiced. Further review of the policy with Police Department command staff suggests that a 16-month initial evaluation period is sufficient time to determine successful performance on the job; therefore, the attached policy reflects a 16-month initial evaluation period for a new recruit. Anew recruit initially spends 4 months at the Police Officers Academy before coming to the Marana Police Department, at which time the officer is partnered with a field training officer for 3 months. Nine months later, the initial evaluation period would be considered complete. Other policy changes include reference to the chain of authority above the level of a department head, where appropriate; clarification of time limits for initial evaluation periods; consequences for not notifying an employee that the evaluation period is unsuccessful prior to the conclusion of the evaluation period; the number of performance evaluations an employee should receive during an initial evaluation period; and a performance rebuttal review process for employees who report directly to a department head. Regular Council Meeting -December 7, 2010 -Page 45 of 128 Additional revisions address new procedures for completing attendance records by exempt personnel, a method for correcting payroll errors and prohibition of inappropriate deductions from exempt employee pay under federal law. Under the subject of reclassification, the policy gives authority to the Town Manager to grant a pay adjustment outside the normal policy as provided for in Chapter 3 in order to address extraordinary circumstances. Anew provision allows for special assignment pay above the customary 5-10% for employees who take on the full set of duties and responsibilities of a vacant position; this will have the effect of allowing employees to be placed at the minimum of the grade for the assumed position. Deletions from existing policy are shown with strikeouts on the attachment and. additions are shown with double underlining. Financial Impact: None. ATTACHMENTS: Name: Description: Type: ^ Reso_Amendments to_Chapter 3_- Resolution Resolution compensation (0002411_31.DOC ^ Draft_Revisons_to Pe..rsonnel_Policies_Chapte...r 3_ (00022.6..61-11~.DOC Personnel Policy Chapter 3 Revisions Exhibit Staff Recommendation: Staff recommends adoption of amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 -Compensation. Suggested Motion: I move to adopt Resolution No. 2010-114, approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 -Compensation. Regular Council Meeting -December 7, 2010 -Page 46 of 128 MARANA RESOLUTION N0.2010-114 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 3 -COMPENSATION WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at the Council's November 16, 2010 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 3 of the Town's Personnel Policies and Procedures, entitled "Compensation," is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. 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 7~' day of December, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 7, 2010 -Page 47 of 128 {00024113.DOC /} AANA ~'/ I ?OWN Of SdA~.4MA CHAPTER 3 COMPENSATION Policy 3-1 EMPLOYMENT SERVICE The Town of Marana's employment service is divided into classified service, unclassified service, term-limited temporary employment and short-term temporary employment. Employees in positions designated as classified service are governed by these Personnel Policies and Procedures. Employees in positions designated as unclassified service, term-limited temporary or short-term temporary are subject to these Personnel Policies and Procedures only where specifically noted herein or in the Marana Town Code. Non-employee positions, as defined by Title 3 of the Marana Town Code, are not subject to these Personnel Palicies and Procedures. Section 3-1-1 Classified Service This category of employment is comprised of all regular full- and part-time employees of the Town who are employed in positions other than those designated in Title 3 of the Marana Town Code as unclassified, term-limited or short-term temporary. Section 3-1-2 Unclassified Service This category of employment is comprised of all employees of the Town who are employed in unclassified positions as designated in Title 3 of the Marana Town Code. Unclassified employees are part of a responsive management team that exists to carry out the goals and policies of the Town. Section 3-1-3 Term-Limited Temporary Employment. This category of employment is comprised of temporary positions, with work related to a specific grant, capital improvement project. technology services project or other non-routine substantial body of work, for a term of six to 36 months. Section 3-1-4 Short-Term Temporary Employment This category of employment is comprised of temporary positions for a time period that does not exceed six months or 1040 hours in a rolling 12-month period. These positions are used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing. {oooz2~l.voc i i i }3-1 ~' CHAPTER 3 ~~ ~~ I~ARAI~1~ COMPENSATION ~~.''/ 1 \ TQNtN dF MARANA Policy 3-2 POSITION STATUS Positions within the Town are generally designed for regular full-time employees. However, in certain functions and during some seasons, work schedules and Town needs may require the services of other than full-time employees. Section 3-2-1 Definitions The following definitions shall apply whenever these terms are used throughout these Personnel Policies and Procedures. A. At-will Employment: Employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. B. Exempt Employees: Employees who devote most of their hours to activities that are managerial, administrative or professional. These employees are excluded from specific provisions of federal and state overtime wage and hour laws and are generally not entitled to overtime pay. C. Non-exempt Employees' Employees who devote most of their hours to activities that are not managerial. administrative or professional. These employees are entitled to overtime pay under the specific provisions of federal and state laws. D. Promotional Position: A position to which a current Town employee is promoted. To be considered a promotional position, the position must be in a #igf~ef classification a~sianed to a higher salary arm than the position that the employee originally served in. Section 3-2-2 Position Categories The Town employs personnel in a number of position categories including, but not limited to, the following. A. Regular Full-Time: A classified or unclassified employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 40 hours per week. To attain this status, the employee must successfully complete an initial evaluation period, as defined in these Personnel Policies and Procedure°, °i+h°r .,~ ., .,°.., hir° °r i., Employees in this category are eligible for the Town's full benefits package. {00022661.DOC / 11 }3-2 „~~ CHAPTER 3 -- ~,~ I~~AN~ COMPENSATION ~~`'/ I TOWN Cf SdAfS4NA B. Probationary Full-Time: A classified employee serving in an initial evaluation period either as a ne~v "ir° nr in nrmm~}innnl nn i+inn Employees serving in an initial evaluation period are at-will employees. Employees in this category are eligible for the Town's full benefits package. C. Regular Part-Time: A classified or unclassified employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 20 hours but less than 40 hours per week. To attain this status, the employee must successfully complete an initial evaluation period .Employees in this category are eligible for the Town's full benefits package. D. Probationary Part-Time: A classified employee working less than 40 hours per week, but more than 20 hours per week, who is serving in an initial evaluation period °'+~s . Employees serving in an initial evaluation period are at-will employees. Employees in this category are eligible for the Town's full benefits package. E. Management/Administrative Intern: A short-term temporary employee who is regularly enrolled as a student in a recognized educational institution or special program for adults and/or seniors during the regular school year. ManagementlAdministrative Interns are at-will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. F. Executive Fellow: Aterm-limited temporary employee who is in his/her final segment of the regular school year or has graduated from an accredited college or university in a field directly related to local government management. An Executive Fellow is an at-will employee. Employees in this category are eligible for the Town's full benefits package. G. Seasonal Employee: A short-term temporary employee who works less than 1040 hours in a rolling 12-month period. Seasonal employees are at-will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. {oooz266r.~oc i rr}3-3 ,~"- MAR,41~A ~~~~%~\ TQW410F?viAx`ANA CHAPTER 3 COMPENSATION Policy 3-3 CLASSIFICATION PLAN The Town Manager shall ensure the preparation, development and maintenance of a classification plan consisting of descriptions of positions defined by essential duties, qualifications, knowledge, skills and abilities characteristic of the positions. Section 3-3-1 Purpose The classification plan shall be developed and maintained so that all positions substantially similar with respect to duties, responsibilities, authority and character of work are similarly classified and compensated, and positions substantially different in scope and complexity are appropriately classified and compensated. Section 3-3-2 Plan Amendment A. All amendments to the classification plan require the approval of the Town Council. Amendments shall be submitted to the Town Council through the Town Manager. B. The classification plan may be amended by ordinance, resolution, motion or adoption of the Town's annual budget. C. Any position not established by Title 9 of the Arizona Revised Statutes may be abolished by the Town Council Section 3-3-3 Position Classification A. Position classifications shall be maintained by the Human Resources Department for all regular full-time and regular part-time positions in the classified and unclassified service. B. Position classifications are descriptive only and are not restrictive in nature. The omission of specific duties from a position classification does not exclude those duties from the position if the work is related or a logical assignment to the position. Supervisors may assign different tasks to a position within a classification when the duties are similar in type and responsibility to those described in the classification description. C. The classification description does not constitute an employment agreement between the Town and employee and is subject to change as the needs of the Town and the requirements of the job change. D. When the duties or responsibilities of a position have changed significantly, the Town Manager will ensure that the position is reclassified accordingly. {00o2266t.DOC i t t }3-4 N~AI~ANA TQWN OF ~vtARANk CHAPTER 3 COMPENSATION Section 3-3-4 Position Classification Review Whenever a reorganization, change in job content or Town Council action causes the duties of a position to change or creates the need for a new position, or a position otherwise appears to have been incorrectly classified, the Town Manager may reclassify the position to a more appropriate classification. A. The Town Manager, in consultation with the Human Resources Director, shall establish an Administrative Directive outlining the process for review of a specific position classification and for review of the classification plan as a whole. B. If there has been a significant change or a gradual accretion of duties and responsibilities over the period of one year, an employees of a Department Head or the ain of authority above the level of Department Head may submit a written request to the Human Resources Department to determine if a review of the position is warranted. Such review shall require the completion of a position description questionnaire. C. When there is any substantial change, addition, or deletion to the duties assigned to a position, the Department Head r he pain. of authority above the level of Department Head. where applicable will provide a completed position description questionnaire to the Human Resources Director. D. slass+f+satier} An employee whose position is reclassified will be transferred, promoted. demoted, or laid off in accordance with applicable provisions in these Personnel Policies and Procedures. If the reclassification results in a demotion, and if the employee remains in the reclassified position, then the employee will be considered to have taken a voluntary demotion. E. implementation of a reclassification and any related pay change shall be prospective and is effective when the classification is approved by the Town Manager. Any pay increase, if applicable, shall be subject to the limits on pay increases that govern pay upon promotion. F. A position classification review decision is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. {oooaa66t.~oc i r r}3-5 filar council Meeting. -December 7, 2010 -Page 52 of 128 Reg ..-'°" I~ARANA TOWN OP 1dABANA CHAPTER 3 COMPENSATION Policy 3-4 COMPENSATION PLAN The total compensation program for the Town of Marana is comprised of salary/wages, benefits and other less tangible elements that are of value to employees such as the work environment, security, career opportunities and overall health. Each element plays a role in the Town's pay strategy. Section 3-4-1 Total Pay Philosophy A. Salary: The Town provides pay opportunity (e.g. ranges rg ads or steps) that is designed to provide managers flexibility and to provide at- or above-market median cash compensation to those employees who are strong performers and consistently make contributions to the Town's success. The market is regularly assessed to ensure that salary r ~ fames remain competitive. B. Market: The Town's market is defined as public and private sector employers similar to Marana in size and complexity and in locations where the Town looks to secure labor talent. C. Benefits: The Town's benefits in total are targeted to provide above average value to its employees. Each individual benefit program is designed to provide an employee with security in case of unforeseen events and for retirement. Section 3-4-2 Compensation Plan/Salary Schedule Adjustments All general salary increases, market adjustments. pay for performance increases or other modifications to the compensation plan and/or salary schedule require the approval of the Town Council. Amendments and revisions shall be submitted to the Town Council through the Town Manager. Section 3-4-3 No Right of Appeal The establishment of a compensation plan, including salary schedules, allocation of classifications to a specific ~ grade, assignment of pay to an employee and changes or adjustments to the compensation plan, are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures, unless a change in pay is the result of a disciplinary action that is subject to the personnel action review procedures. {oooza66i.~oc i i i }3-6 .~~~ IV~~A,NA ~`'w~~l\ TrJWN GP t>tAAANk CHAPTER 3 COMPENSATION Policy 3-5 PERFORMANCE MANAGEMENT The Town's pertormance management program relies on a system of establishing goals, strategies and pertormance benchmarks for the organization and then identifying how individual and team efforts contribute to the overall achievement of Town strategic objectives. Each employee is an important part of the Town's overall success in its mission to serve the citizens of Marana. An employee's pertormance is directly linked to his or her compensation. The Town Manager is responsible for establishing a systematic process for the ongoing evaluation of organizational and employee performance. At a minimum, this system will link to Town-wide goals and strategies, set appropriate expectations, share ongoing and timely feedback, provide opportunities for coaching and distinguish between levels of performance. The Human Resources Director shall be responsible for ensuring implementation of an employee pertormance management system. Section 3-5-1 Initial Evaluation Period The initial evaluation period is a period of times determined "~~ +"° ,-°,.,^ ~A.,n.en°r e constituting the final step in the ser~et+tive screening process for appointment to a regular full- or part-time classified service position Empoovees shall be evaluated at least once durina their initial evaluation period: however. manaaer _, and su ervisors are encouraaed to evaluate ovees more often to provide onaoina feedback A. xcept for employees in the Police Department as otherwise provided in this section. III full- and part-time employees hired in a classified service position° ~'°°~^^°+°^' °° ^.,.+ .,f +h° ,.~., ;f;o~ o~, ~-o laterally transferred to a classified service position in a different classification title or in a different department than the employee was in prior to transfer or demoted~c r promoted from one classified service position to another shall serve in an initial evaluation period for ~ 6-#e-a~ months from the date of hire. transfer. d motion ar promotion. Tho for-~iv+" i+f +h° ir~i+inl °..nL ~nfi°r~ n°rinrl ~"..II t,° n°+ fn.+h in +h° e ~ owever. an employee Ilv transferred or demoted will not be required to complete an initial evaluation period in the _ ew position if the employee has previously completed an initial evaluation period in the same classification and in the same department . All full- and part-time employees hired 'in a classified service position in the Police artment. laterally transferred within the Police Department to a classified service o i ion in a different classification title than the employee occupied prior to transfer or oted or promoted from one classified service position in the Police Department to her. shall serve in an initial evaluation period for 12 to 16 months from the date of ire. transfer. demotion or promotion as provided in this section. except that a demoted {ooozz66r.~oc i r r }3-7 ~ CHAPTER 3 1~,4~ANA .COMPENSATION t+~'YfN OF LdAIFAHk ovee will not be reauired to complete an initial evaluation in .the new position if the mplovee has previously completed an initial evaluation period in the same classification within the Police Department. 1. New ly hire d civilian employees. laterally transfe rred civilian and Arizona Peace Offi er Standards and Training (AZPOSTI-certified employ nd promoted civilian nd AZPO ST-certified employees in the classified service in the Police Department hal l serve in an initial evaluation period for 12 mon ths from the date of hire, transfer or t Zromoti on. Demoted civilian and AZPOST-cer tified em~IQyees in the classified serv ice in the Police Department who are reauire d to serve.. in an initial evaluation peri od sha ll serve in an initial evaluation period for 12 months from the date of demotion. ewly hired employees who will begin their employment with the Town. bvrattendina ice academy shall serve in an initial evaluation' period for 16 months from the date of hire. . Notwithstanding the provisions of this section. an employee who is demoted. promote ar transferred due to a reclassification of a position and who has been performing the ties of the reclassified position for six months or longer prior to the reclassification. will not be reauired to complete an initial evaluation period in the reclassified position. ~D. employee's who are reauired to complete an initial evaluation period pursuant to this section will not be considered finally appointer to a full- or part-time classified service position ,emu .,,,+ ho rlr,omorl f~.,-,~ until successful completion of the initial evaluation period_ uccessful completion of the initial_evaluation period is as evidenced by a satisfactory Q[ i h r rating on t#e-#+flal ~ performance appraisal document which must be completed Notwithstanding the one-week time supervisors shall heads r the chain of authority above the level of Department Head. where applicable are responsible for ensuring that training, informal feedback about performance, and {00022661.DOC / 11 }3-g Employees serving in an initial evaluation period of 16 months all be evaluated at least two times during the initial evaluation period. once at 1 months and once at the scheduled conclusion of the initial evaluation period. The Human Resources Department is responsible for maintaining records of employee appointments and promotions and the duration of initial evaluation periods. Department ~~, CHAPTER 3 i~A~~A~A COMPENSATION ~~/~\ tdWEQ OF tdAItANA formal performance appraisals are completed in a timely manner during the initial evaluation period. ~E. Employees serving in an initial evaluation period °~#hor ,~ ., .,o.., hiro nr in ~ are at-will employees as defined in these Personnel Policies and Procedures. As such, during the initial evaluation period, employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head or the chain of authority above the el of Department Head. where a~olicable after consultation with and approval by the Human Resources Director. The employee must sl~ali be notified in writing that t#ejF !]~ or she has lie failed to successfully complete the initial evaluation period prior to the conclusion of the initial evaluation period. fL~he e_r>~plgvee is not notified of unsuccessful ered to have successfully comoleted the initial evaluation period. The decision to terminate employment during the initial- evaluation period {^~ °~+tie.- ~ .,o,~, tiire ,,. ~., is not subject to appeal:. under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures t3E. Notwithstanding that ~n employees-+r~ ~ an initial evaluation period as as lateral transfer or in a promotional position ar=e is an at-will employees, a~- #~ employee who does not successfully complete the initial evaluation period in a transfer or promotional position may be restored to his or her former position. Such restoration is not mandatory, but is optional at the discretion of the Town and within the limits of available authorized positions. If an employee is restored to his or her former position, restoration shall include restoration of the employee's former pay and all other benefits to which he or she would have been entitled if the transfer or promotion had not occurred,~x__cept that anv combensatorv time that was paid out to an emnlovee who transferred or promoted into an exemot D©sition will not be restored if the em~lovee returns to anon-exempt positi Section 3-5-2 Extension of the Initial Evaluation Period The Town may extend an employee's initial evaluation period if it is determined that more time is necessary to evaluate the performance of the employee. All extensions of the initial evaluation period shall be approved by the Department Head or the chain of authority above the level of Deoartmen _H .where aoolicable and the Human Resources Department. The employee shalt receive a written notice of the extension no later than the last day of the initial evaluation period. If the employee is unavailable to receive such a notice in person, the Town shall send a letter to the last known address of the employee on file with the Human Resources Department. In either case, the date of the letter shall be deemed the effective date of the notice. A copy of the notice of extension will be forwarded to the Human Resources Department for inclusion in the employee's personnel file. Under no circumstances may the total time for the initial evaluation period exceed 24 months. The {00022661.DOC / 1 l }3-9 ~'0#, CHAPTER 3 ~~ ~~ N~AR~~lA COMPENSATION ~~~./~ FOtYPd ~ fuSARANA initial evaluation period may be extended under, but not limited to, the following circumstances. A. The employee has had a leave of absence during the initial evaluation period that exceeds 15 calendar days. B. The employee's performance is not satisfactory, but the Department Head believes that with more time and supervision the employee may succeed in the position. In such cases, the Department Head shall develop a documented plan of action for improvement. C. Supervisor continuity is interrupted during the initial evaluation period. D. The work assigned to the employee's position is cyclical and the initial evaluation period did not provide an opportunity to adequately evaluate .all aspects of an employee's pertormance. Section 3-5-3 Performance Management Process A. Classified employees who have completed the initial evaluation period as caner-a-a~:~ and whose positions are not on a step pay plan shall receive a formal performance appraisal document once per year. This appraisal shall be for the performance period covering the prior fiscal year, beginning on July 1 and ending on June 30. B. Classified employees who have completed the initial evaluation period °° °~*"°~ ~ ^°~~~ and whose positions are on a step pay plan shall receive a formal performance appraisal document once per year on the anniversary of the employee's completion of the initial evaluation period. except for those emglovees who serve an initial evaluation period of 16 months For those emglovees who serve an initial evaluation geri9d of 1G months the emplovee shall receive a formal appraisal document once oer near on the_anniversarv of the emplovee's date of hire. This appraisal shall be for the performance period covered during the prior year, from anniversary date to anniversary date. C. Department Heads r the chain of authority above the level of Department Head. where and supervisors shall recommend an appropriate performance appraisal rating based on the Town's pay for performance guidelines. D. Opportunities for adjustments to pay based on performance are established by the Town Council each year as part of the annual budget process. The amount of funds available for merit increases are subject to economic conditions and the Town's ability to pay. {00022661.DOC / 11 }3-1 ~ ~^"'~ /~ I~,[~ANA ~~~ / ! TOX'N (:P iiARANA CHAPTER 3 COMPENSATION E. If an employee disagrees with his or her performance appraisal document, the employee may eauest a meetina to discuss the appraisal with the Department Head within three working days of the employee's receipt of the performance appraisal document. If he Department Head oreoared the emolovee's performance aooraisal document. the emolovee may request a meetina with the he performance aooraisal document. the emolovee may submit a written rebuttal which will be filed in the emolovee's personnel file in the Human Resources Department. ~#e em~leTee is-r~satiefe~~.;+fa +~"~o~~~~;~;ead's~{~©nse~Me er~leyee-~T Pertormance appraisals are not subject to appeal under the personnel actior7 `review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. F. The fir~l erral employee performance evaluation, n the employee's written rebuttal -,.,.,e,~ ~.,,+ +~e e.,,.,~,,.,oo~~ ,.,,.,,,,,e.,+ , if any, shall become a permanent part of the employee's official personnel file and will remain filed for fhe length of time required by law. {00022661.DOC / 11}3-11 !~, CHAPTER 3 -a- MAI~AN~ COMPENSATION ~~~',~ ! \ tQwx of anaax~:e, Policy 3-6 PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 pay periods in the calendar year. Section 3-6-1 Time Sheets. and Payroll Records A. All non-exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall sign the time sheet verifying the. employee's hours worked and leave taken. If the employee used any leave time during the nay period. a leave authorization request shall be attached to the time sheet The employee's department payroll liaison shall submit the time sheet to the Finance Department by the deadline established by Finance for each pay period. rf +"^ ^..,^r,,,,oo „ o,+ ^„., ~°^.,° +im^ r+~ ~rin^ +ho r,^., ^^ri^rt a~^w^ ~~ ~#"^ri~.+4i^r• r^^~ ~cvt vh-rv~l lr vv^ •+++ucauvr-rc.vnhcl-I t~ zr:e t~rn'~°r-v i~iv°v°--ir B. All exempt employees shall complete an attendance re ord which '^^••^ ^~~*"nri~.++i^^ ~.~ document~+pg leave taken t,„~.° ^~ from uinrL fr~r +"^ ^n~ Div^~^n+ ^f nn^ f„u uir•rL daffier-rner~--any each pay period where sao.;-le~,~°~~n. The attendance record all be signed by the emolovee's direct supervisor _v_eri~ih~ any leave taken. Leave authorization requests shall ~2 be `signed by the exempt employee's supervisor ~ r by the emplQvee until the oav ceriod in which the leave is taken •,•,^rif•~ e ^'^••ee's ^~ ~~~^rL. Leave authorization requests shall be attached to the attendance record and submitted to the Finance Department by the deadline established by Finance for each pay period. C. Payroll records shall be maintained by the Town in accordance with the Town's records retenti©n schedule f^r ~ minima im of co„,b D. The Finance Department is responsible for answering inquiries concerning payroll matters. The Finance Department and the Human Resources Department will work collaboratively to resolve pay inquiries in an expeditious manner. E. Falsification of time sheets, attendance records or leave authorization requests is grounds for disciplinary action, up to and including termination Section 3-6-2 Pay Checks A. Checks are distributed by the Finance Department to each department by noon on the Friday following the close of the pay period, unless that day is aTown-recognized t~li~ . if th_e distribution date falls on aTown-recognized holiday. the Finance Derzartment shall select and coordinate an alternate distribution date {ooozz66i.~oc i i i }3-12 ~,. CHAPTER 3 ~~ MARAl1~ COMPENSATION ~ titi './ ~ tOWN OF M4~2ANR B. With each pay check, employees receive a statement of earnings, deductions, leave balances and compensatory time balance for the period covered by the payment. C. In the absence of direct deposit, checks for those who are away on eave on the regular pay date will be held by the Finance Department until the employee returns to work ~~^~~~~ n#hor ~rr~r~nnmer~#e pro rr»r1o in ~eiri4ir~n D. An employee's pay check may be released to the employee's spouse, designated family member or to another person only if authorized in writing and in advance by the employee. E. Employees are expected to cash their pay checks on their personal time. Section 3-6-3 Payroll Deductions A. Mandatory deductions required by law shall be withheld from all employees' paychecks each pay period. These include. but are not limited to, state-mandated retirement contributions, federal income tax, state income tax, Social Security and Medicare (FICA) and any legal wage garnishment. B. Voluntary deductions require an employee's written authorization. Examples include, but are not limited to, direct deposit, deferred compensation, United Way contributions, dependent health insurance coverage and supplemental health insurance. Section 3-6-4 Pay Advances The Town of_Marana does not grant requests for pay in advance of the regular pay day. Section 3-6-5 Payroll Errors Occasionally. a payroll .error will occur reaardina an employee's waaes If an employee becomes aware of a payroll error. either an overpayment or an underpayment of waaes. the mplovee shall provide written notice to the employee's supervisor and to the Finance A f the employee has been underpaid due to an error made by the Finance Department. he Finance Department will run a special payroll as soon as practical. {00022~~.DOC i i i }3-13 discovered. the Finance Department will initiate a correction as follows: ~~~~~ MA~A~lA ~'' ~~/I\ T~WF~ OF ~+4ARANA CHAPTER 3 COMPENSATION B. If the employee has been underpaid due to an error made by the employee or the department payroll liaison. the Finance De_artment will make the aggronrate_adiustment e next regular pay cycle. C. If the employee has been overpaid due to an error made by the employee. the de artment payroll liaison or the Finance Department. the employee will be reauired to r imburse the Town for the overpayment. The Finance Department will make every ffort to establish a repayment schedule that meets the Finance Department's sponsibility to recoup public funds in a timely manner and incorporates consideration or the employee's ability to repay. {ooozz66i.DOC i i i }3-14 CHAPTER 3 ~1A~AI~A COMPENSATION .`~'/ I 70WN qP fatARANA Policy 3-7 Section 3-7-1 Work Week The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. The Town Manager may establish alternative or flexible work schedules, but at no time shall those schedules interfere with the normal operations of the Town government. A work week generally begins every Saturday at 12:01 A.M. and ends the following Friday at 12:00 midnight. The Town Manager eF the General Manaaer or #~ Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. A supervisor may require any employee to temporarily perform service in excess of 4D hours in a five day week when necessary to maintain Town operations. When such work is required, the overtime and compensatory time provisions in these Personnel Policies and Procedures and °state and federal law shall apply. Section 3-7-2 Overtime Eligibility As part of the classification plan, the Human Resources Director shall evaluate the body of work for a position classification and determine if employees in that position classification are subject to the provisions of the Fair Labor Standards Act (ELBA). Position classifications shall either be exempt or non-exempt from the provisions of the FLSA, as defined in these Personnel Policies and -Procedures and state and federal law. The Human Resources Director shall employ all evaluation techniques and methods prescribed by the FLSA for determining the overtime status of a position classification. The Human Resources Director is responsible for continually reviewing and updating the FLSA status of position classifications. Ail employees in unclassified positions are exempt from the FLSA, as being a part of a responsive management team. Section 3-7-3 Overtime and Compensatory Time It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime work may be necessary to handle emergency situations and to meet seasonal or peak workload requirements of a critical nature. Department Heads and General Managers are responsible for the planning required to minimize the need for overtime. The provisions of this section apply only to non-exempt employees. A. Whenever a nonexempt employee is required to work more than 40 hours in a work week, the employee shall be compensated for the hours worked in excess of 40 at the rate of one and one-half times the employee's regular base rate of pay. In the alternative, the employee may take one and one-half hours of compensatory time off for each hour worked in excess of 40 hours in a work week. {00022661.DOC / 11}3-15 ~~~ t6vtN OP3~+iA~2ANA CHAPTER 3 COMPENSATION B. The employee shall designate whether he or she desires to receive pay at the rate of one and one-half the employee's regular base pay rate or compensatory time off at the time the overtime is documented on the payroll time sheet. An employee is not required to accept compensatory time in lieu of overtime pay unless the employee agrees to this arrangement before the employee performs the overtime work. C. Hours worked for purposes of calculation of overtime shall be defined as time on the job performing a responsible work assignment. D. Time shall begin once the employee is at the work station or at the call origination for emergencies. E. Vacation, sick, holiday and other leave shall not be considered time worked and shall be deducted from hours worked during overtime calculation for each work week. F. Hours actually worked on Town-approved holidays shall be included as hours worked for the purposes of calculating overtime in a work week. G. Pay for work beyond an employee's regularly scheduled work day or work week will be at the straight time hourly pay rate unless and until the employee has actually worked more than 40 hours in a work week. H. The Department Head or General Manac~e___r must specifically authorize the rendering of overtime services. Employees shall obtain such authorization prior to working any overtime, unless the overtime is deemed to be an emergency by the Department Head or General Manager. An employee's compensatory time balance must not exceed 80 hours. The Town Manager may make an exception to the accumulated compensatory time balance as recommended by the Department Head or General Manag. ~. The following provisions apply to the use of compensatory time: 1. Compensatory time may not be used before it is accrued. 2. An employee must submit a written request in advance to use compensatory time. 3. Requests to use compensatory time will be approved unless the employee's absence during the period requested will unduly disrupt Town or department operations. 4. Compensatory time must be used during the calendar year in which it is accrued unless this is not feasible due to work demands. The employee may then request, {ooozz66r.~oc i r i }3-16 ~,,, CHAPTER 3 it~Al~Af`~IA COMPENSATION ~''~ ~ '/ ! iOK'N 4F ?hARANA and the Department Head or General Manager may approve, the carryover of a maximum of 40 hours of accrued compensatory time. 5. Compensatory hours that have been carried over must be used within the first quarter of the new calendar year. K. Payment for accrued but unused compensatory time is as follows: 1. Employees will be paid in the pay period that includes December 31 for all accrued compensatory time not carried over into the following year. 2. If an employee is terminated or otherwise separates from employment while in a non-exempt position, the employee will be paid for all accrued compensatory time. 3. If an employee is promoted into an exempt position, the employee will be paid for all accrued compensatory time prior to the effective date of the promotion at his or her rate of pay in the non-exempt position. L. Nothing in this policy shall be construed to contravene the provisions of the Fair Labor Standards Act (ELBA). Section 3-7-4 Exempt Employees ®. The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the FLSA. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. FLSA exempt employees may be required to work a specified schedule set by their supervisor. T e Town prohibits any deductions from FLSA exempt employees' pay that are improper under the FLSA. If an FLSA exempt employee believes that an improper deduction has been made to his or_her glary. the employee should immediately report this information ~is or her direct supervisor. the Department Head or General Manaaer or to the n R ces Director. The Town will promptly investigate reports of improper ductions. If the Town determines that an improper deduction has occurred. the Town will romptly reimburse the employee for the improper deduction. {ooo2z~r.noc i ii}3-17 .. CHAPTER 3 ...t-,~--.-~ ~AR~I~A COMPENSATION tawH or raa eaH~ Policy 3-8 HOLIDAY PAY It is the policy of the Town to grant paid time off to eligible employees on the Town Council-approved holidays listed in Chapter 4 of these Personnel Policies and Procedures. However, if anon-exempt employee is required to work on aTown-approved holiday, the employee is also eligible for holiday pay. Section 3-8-1 Calculation of Holiday Pay A. Full-time non-exempt employees who are required to work on aTown-approved holiday shall be compensated for eight hours paid time for the holiday: plus their regular rate of pay for time actually worked on the holiday. B. Part-time non-exempt employees who are required to work on aTown-approved holiday shall be compensated paid time for the holiday, prorated to the employee's normal work schedule, plus their regular rate of pay for time actually worked on the holiday. C. Holiday pay will be at the employee's regular base rate of pay unless the employee works more than 40 hours in the work week that includes the holiday. Hours in excess of 40 hours in the work week shall be compensated according to the overtime and compensatory rules set forth in this Chapter. Section 3-8-2 Exempt Employees FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. Exempt employees will receive their normal rate of pay for the work week regardless of whether or not they work on aTown-approved holiday and regardless of whether they are on a standard or alternative work schedule. {00o2266r.noc i i i }3-18 /~ ~Q~A~I~ ro~rr~ oe r.~a~ara CHAPTER 3 COMPENSATION Policy 3-9 ADJUSTMENTS TO PAY Section 3-9-1 Promotion A. The Town encourages succession planning to develop in-house talent for promotional opportunities. Generally, promotions are made using a competitive recruitment process. With sufficient justification and the approval of the Human Resources Director, a competitive recruitment process may be restricted to internal applicants or waived entirely for promotional opportunities. Internal candidates who are selected for a promotional position must possess all of the minimum qualifications for the position upon hire, unless the Human Resources Director or designee approves an exception that allows the employee to attain a particular certification or other requirement as a condition of successful completion of the initial evaluation period. B. ~ ~+~pon promotion. an emplovee shall be ~+ +hry level of the fleV~ salary a arade for the promotional position erne ffeFSeat;, whichever is greater. In extenuating circumstances, the Town Manager or designee may consider additional pay at the time of promotion; however, in no circumstance shall the promoted employee's rate of pay exceed the salaries of incumbents in the same or similar positions. Section 3-9-2 Demotion A. An employee may move to a position in a lower classification due to reorganization, reclassification or reduction in force. In these situations, the employee's salary shall be reduced to an amount that does not exceed the maximum of the new salary arade ge. If the employee's salary in the higher classification does not exceed the rate of pay for the new salary rc~ ~ lc~ fie, the employee's salary may remain unchanged upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. B. An employee may move to a position in a lower classification due to performance issues or disciplinary action. In these situations, the employee's salary shall be reduced by the percentage difference between the mid-point of the higher classification salary r e and the mid-point of the lower classification salary ~ fie. Section 3-9-3 Lateral Transfer A lateral transfer occurs when an employee ransfers from one position to another position stays in the same salary grade . There shall be no change to the employee's salary for a lateral transfer. {00o2266i.DOC i i i }3-19 %~, CHAPTER 3 ~~ ,~ ~~ I~lA6~Al~~ COMPENSATION TOSYPJ GP f~kA2,4idk Section 3-9-4 Reclassification A. When a position is reclassified to a IeF classification a higher salary grade, employees in that position shall be eligible for the same pay increase as provided upon promotion. B. When a position is reclassified to a IsweK classification a#_ mower salary grade, the salaries of employees in that position may be "frozen" or "redlined'``until the employees' salaries are at or below the top of the salary ~ e for the new classification. Salaries shall only be frozen or redlined upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. When salaries are frozen or red-lined due to a reclassification to a lower classification, employees may only receive lump sum performance awards until their salary is at or below the top of the salary ~ ~e for the new classification. C. When a position is reclassified to a classification at the same salary grade. the salaries f ovees in that oosition will ordinarily not change. However. the Deoartment Head Section 3-9-5 Effective Date of Pay Changes A. Changes in pay rate, benefits, classification, working conditions and employment status shall be documented on a Personnel Action Form (PAF) signed by the Department Head!r=°^°r'r nnr+n-+n°r the chain of authority above the level of Department Head. where aoolicable. the Human Resources Director, ~ Finance Director and ~ Town Manager or designee. The PAF shall be made a part of the employment history record of the employee. No change to an employee's pay rate, benefits, classification, working conditions or employment status shall be implemented unless accompanied by an approved PAF. B. Unless otherwise specified in these Personnel Policies and Procedures or by Town Council action, the effective date of adjustments to pay shall be the first day of the next pay period after the adjustment is made. Adjustments to pay for employees on unpaid leaves of absence shall be implemented upon the employee's return to work. {oooza66r.~oc i r i }3-20 T wn Manager. The Town Manager's de~~i~n is final and is not subject to appeal under e personnel action review orocedure~set forth in Chanter 5 of these Personnel Policies and Procedures. ~~ R~,~~ANA /I\ TZ1WN OF idARANA CHAPTER 3 COMPENSATION Section 3-9-6 Special Assignment Pay A. Special assignment pay may be provided to employees who are engaged in one of the following activities: 1. Working out-of-classification in a higher level classification 2. Pertorming additional duties outside of the scope of the employee's regular classification for a limited period of time, such as assuming some or all of the responsibilities of a vacant position 3. Serving in a lead or supervisory role when the employee's regular position does not require lead or supervisory responsibilities B. Special assignment pay begins when the employee is assigned the additional duties or begins working out of classification. C. Special assignment pay shall n~rrnal~ be at the rate of five percent of the employee's regular base rate of pay. If an employee assumes the full resoonsibilities of a vacant position in a higher classification. special assignment pay shall be at the rate of five percent of the emolovee's regular base rate of pay unless this increase does not raise e emolovee's salary to the minimums rv for the higher classification. In that case. he emolovee's salary shall be raised to the minimum of the higher salary grade. Additionally i~wever. the Human Resources Director may recommend special assignment pay of up to 10~e erce~ of the employee's regular base rate of pay in extenuating circumstances. D. The Department Head r the chain of authority above the level of Department Head. where applicable must request special assignment pay in writing. All special assignment pay must be approved by the Human Resources Director and the Town Manager or designee. Special assignment pay shall be approved in six month increments, not to exceed a total of one year. E. Any increases to base pay that are made while an employee is receiving special assignment pay, such as pay for performance awards, general increases or market adjustments, shall be calculated using the employee's regular base rate of pay before the application of the special assignment pay. The special assignment pay may be recalculated after increases are added to the employee's base rate of pay. Section 3-9-7 CaFI-Out Pay When anon-exempt employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift, to perform {00022661.DOC / 11 }3-2 ) CHAPTER 3 ~~~~ MAR,~~ COMPENSATION '% t ~ t01`SFd 4F MARANA unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours pay each time called out, or the actual time worked, whichever is greater. Calculation of the actual hours worked shall begin at the time of the call-out and shall include travel time to and from the place the employee is directed to report to work. The Department Head or designee or the chain of authority above the level of Department Head. where applicable must authorize all call outs. Section 3-9-8 On-Call/Stand-By Assignments; On-Call/Stand-By Pay The Town Manager may designate certain non-exempt positions as eligible to receive on-call and/or stand-by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads or those in the chain authority above the level of Department Head who have such positions in their chain-of-command shall determine the length, duration and rotation of on-call or stand-by assignments. The rate of pay for on-call and stand-by assignments shall be determined by the Town Manager based on budget capacity with consideration given to the rates paid for comparable assignments in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. Section 3-9-9 Shift Differential Pay Shift differential pay shall be provided to non-exempt empl©yees for any hours worked between 6:00 p.m and 6:00 a.m. Shift differential pay is an hourly amount added to the employee's regular base rate of pay. Shift differential pay shall be determined by the Town Manager based on budget capacity with consideration given to the shift differential rates paid in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. {00o2266i.noc i i i }3-22 ~'1, CHAPTER 3 -_ ,.~, 11~~Af~A COMPENSATION tOWN 4€?tAAAPLk Policy 3-10 EMERGENCY CLOSURES Emergencies such as severe weather, fires, power failures or floods can disrupt Town operations and may require the closing of a work facility. Closing of a work facility is at the sole discretion of the Mayor, Town Council or Town Manager. In the event that eu~ an emergency occurs during non-working hours, Department Heads or those in the.-chain of authority above the level of Department Head will be responsible for notifying the affected employees. Section 3-10-1 Pay During Emergency Closures A. When operations of the Town or any part of the Town are officially closed due to emergency conditions, the time off from scheduled work will be paid. B. Employees in essential operations may be asked to work because of emergency conditions on a day when non-essential operations are officially closed. If the hours worked are within the normally scheduled work day and work schedule. the employee will receive the regular base rate of pay. Any hours actually worked during an emergency closure shall be included as hours worked for the purposes of calculating overtime in a work week. {00o2266i.DOC i i i }3-23 ~,..~ CHAPTER 3 N~AANA COMPENSATION tQVfN rJF M:ARRNR Policy 3-11 VEHICLE ALLOWANCE/TAKE-HOME VEHICLES The Town Manager may authorize a monthly vehicle allowance or the use of a Town take-home vehicle for certain employees. The Town Manager shall take into consideration the amount and type of local travel required of a position when granting a vehicle allowance or providing a Town take-home vehicle. Section 3-11-1 Unclassified Employees ` A. The Town Manager may provide a vehicle allowance or take-home vehicle to unclassified employees to compensate them for required frequent travel to meetings and work assignments throughout the Town and Pima County. B. The Town Manager may authorize the use of a Town take-home vehicte in lieu of a monthly vehicle allowance for an unclassified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take-home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response. routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3-11-2 Classified Employees The Town Manager may authorize the use of a Town take-home vehicle for a classified employee when using a Towne vehicle results in operational efficiencies. In authorizing a Town take-home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3-11-3 Vehicle Allowance A. The Town Manager shall establish monthly vehicle allowance rates within Town Council-approved budgetary limits. B. Employees who receive a monthly vehicle allowance may not use a Town vehicle as a take-home vehicle and may not request mileage reimbursement for local travel within a one-way direction of 25 miles from the employee's regular work location. Section 3-11-4 Take-Home Vehicles A Town employee who is authorized the use of a Town take-home vehicle may not receive a vehicle allowance during the same time period. {0oo22~r.DOC i r i }3-24 ~'\, CHAPTER 3 -~-- ,~.~ I~,~~AN~ COMPENSATION SOWN OP SJ<A~?ANk Policy 3-12 RELOCATION AND INTERVIEW EXPENSES Section 3-12-1 Relocation Expenses A. The Town Manager, in his or her sole discretion, may authorize reimbursement of relocation expenses for a newly hired unclassified employee in an amount of up to $5,000. B. Reimbursement of relocation expenses shall be a one-time reimbursement, limited to the cost of moving furniture and personal effects from the employee's current home to his or her new home. C. The reimbursement shall be treated as income to the employee. D. The relocation and reimbursement of expenses must occur within the 72-month period following the unclassified employee's hire date. E. Unclassified employees who are offered and accept reimbursement of relocation expenses shall be required to sign an agreement as part of an initial offer of employment letter indicating acceptance of all the terms of the relocation expense reimbursement. Section 3-12-2 Interview Expenses In an effort to attract and consider candidates with exceptional qualifications, and to ensure a competitive interview pool, the Town Manager may, in his or her sole discretion, authorize payment of travel expenses to and from an interview process at the Town of Marana for a vacant, unclassified position. Only transportation and lodging expenses shall be considered for reimbursement. {0002266~.noc i i i}3-25 ~~ ~'~ ! TOWN QF ?ti§ARAVA CHAPTER 3 COMPENSATION Policy 3-13 CONFLICT WITH MEMORANDUM OF UNDERSTANDING Section 3-13-1 Conflict with Memorandum of Understanding If any of the provisions of this Chapter conflict with the provisions of any memorandum of understanding between the Town of Marana and a designated public safety employee organization, as referenced in Title 4 of the Marana Town Code. the memorandum of understanding shall govern for those positions that are subject to the provisions of the memorandum of understanding. {ooo2a66i.~oc i i i }3-26 vwsr~: woaswE 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item C 4 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-115: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment Discussion: Consistent with Ordinance 99.12 and Resolution 99-38, amendments to the Personnel Policies and Procedures, Chapter 8, were presented as a first reading for Council consideration on November 16, 2010. At the conclusion of the presentation, Council directed staff to return with this item for final approval. The recommended policy changes include reference to the chain of authority above the level of a department head where appropriate, a provision that allows eligible sworn police personnel to elect a "bump" to a lower rank in the event of a layoff, a "tie breaker" in case two employees hold the same seniority date for layoff purposes, clarification and coordination of the employee exit process between Human Resources and the employee's department to ensure collection of town property prior to the employee separating town employment, the delivery method for an employee's final paycheck, designation of an employee's last day of employment as the actual last day worked (except in cases where the employee is on leave and must separate unexpectedly), and clearer guidance regarding the release of information to other parties requesting verification of previous town employment. Deletions from existing policy are shown with strikeouts on the attachment and additions are shown with double underlining. Financial Impact: None. ATTACHMENTS: Name: Description: Type: ~ Reso Ame.n..d.ments to Chapter 8_:. termination_of employment_ Resolution Resolution (0002411.1),_DOC. O Draft revisions to .C..hapter_8_ Regular Council Meeting -December 7, 2010 -Page 74 of 128 (00022598-7~.DOC.. Personnel Policy Chapter 8 Redlined Revisions Exhibit Staff Recommendation: Staff recommends adoption of amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment. Suggested Motion: I move to adopt Resolution No. 2010-115, approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment. Regular Council Meeting -December 7, 2010 -Page 75 of 128 MARANA RESOLUTION N0.2010-115 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 8 -TERMINATION OF EMPLOYMENT WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at the Council's November 16, 2010 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 8 of the Town's Personnel Policies and Procedures, entitled "Termination of Employment," is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7~' day of December, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 7, 2010 -Page 76 of 128 {00024111.DOC /} ,..-- ~~ ~~~~~~ /t\ TOWN 0= h~SRRS.NR CHAPTER8 TERMINATION OF EMPLOYMENT P,~ AL-I~Y 8-1 EMPLOYMENT END Employment with the Town of Marana may be ended voluntarily or involuntarily. Section 8-1-1 Service Retirement Service retirement is voluntary termination after thethe em~lQy~ ha~v+ng satisfied the employment requirements of ~ applicable retirement system ~reoe~es. Section 8-1-2 Disability Retirement Disability retirement is voluntary termination necessitated by an injury or illness that renders the employee incapable of performing the essential tasks of his or her usual job. The termination is preceded by a letter r m ~ the employee to his or her supervisor advising of the disability ruling, date of termination, supporting documentation, and a ruling by the appropriate agency verifying the disability and approving the retirement. Section 8-1-3 ~~•^'^••°°-'^'*'°~°~' Resignation q., °.,,,.,~.,.,°° ;,,;+;~+°,+ resignation is voluntary termination for any reason other than formal retirement. t is customary and expected that ,4an employee v~ill ••~°,.~~-lea~•° +",z~„~wrt provide a written resignation to his or her immediate supervisor at least 14 calendar days prior to the effective date of resignation. During this 14-dav Deriod the twe weeks-before~he ~ffo^+^•e .+~+°, the employee will be expected to Derform the normal functions of his or her_jpb and to be available #e~wer~ to aid assist in the training of a replacement r in the transition of iob duties to another employee. mplovees may request to use vacation or personal leave during this 14-dav period: however. the supervisor During the initial evaluation period, an employee may be terminated at any time, with or without cause; L Department Head shall make the decision to terminate with the of the General Manager. where applicable. and after consultation with and approval by the Hurnan Resources Director. +~ u~~.~.s Reg lar Council Meeting -December 7, 2010 -Page 77 of 1~022598.DOC / 7}8 - 1 Section 8-1 -4 Termination during Initial Evaluation Period N~ARANA ~ ~,w ~~.~.~~~ t `~. TOWfa° OP M.4RANk CHAPTER 8 TERMINATION OF EMPLOYMENT Section 8-1-5 Biome Termination Termination ~issf~ar~e is ~ involuntary, permanent removal of an employee ~ m employment with the Town. The terms "termination" and "discharge" are metimes used interchangeably in these Personnel Policies and Procedures. Section 8-1-6 Layoff and Recall A. Definitions 1. A layoff is a reduction in the Town's work force due to a shortage of work or funds or a material change in duties or organization. Layoffs shall not be used in lieu of discipline. 2. For purposes of this section, seniority shall be defined as an employee's total length of continuous service with the Town as a probationary/regular employee. f h r is tie in seniority. seniority shall then be determined by the date of the employees' entry into the iob classification occupied. If there is still a tie. seniori#y shall then be etermined by comparing the first letters of the employees' last names or. if the employees' last names start with tl~same letter, by comparing the first letters of the ovees' first names. In the first fiscal vear in which this tiebreaker is applied. etters appearing earlier in the alphabet ~i.e.. A - l f r more seniority on an lovee. In the next fiscal vear in which t is tiebreaker is applied. letters aDDearina later in the alphabet (i'e.. Z - Al shall confer more seniority on a mplovee. Thereafter; the Town will continue applying this alternating pattern whenever this tiebreaker is applied. e _ B. Applicability The provisions of this section apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. 2. The provisions of this section do not apply to unclassified employees, probationary employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. However, unclassified employees, probationary employees and other at-will employees may be subject to job elimination or termination due to a shortage of work or funds or a material change in duties or organization. Reg lar Council Meeting -December 7, 2010 -Page 78 of 1~022598.DOC / 7}g - 2 ~~~A~lA ~~'~`'~ TOWN Or DdAF~dA CHAPTER 8 TERMINATION OF EMPLOYMENT C. Bumping 1. The bumping provisions described in this section shall only apply to Arizona Peace 'cer Standards and Training (AZPOST)-certified emplovees serving in the Police D ment and Police Department emplovees attending a police academy. Anv regular AZPOST-certified Police Department employee who is identified for avoff in accordance with this section may be permitted t "bump". that is. assume a position in the next lower classification within the department provided that: The employee has more seniority than at least one employee in the lower classification; and The employee has successfully completed an initial evaluation period in the lower classification in the department: and he employee meets the minimum aualifications of the position and can perform the essential functions of the position. 3. If another lower classification_ ~xists_within the department, the employee who is SD. Layoff Plans Layoffs shall be accomplished on a department basis in accordance with a layoff plan prepared by the Department Head and approved by the General Manager. ~p.~~apDlicable the Town Manager's Office, the Human Resources Department and the Legal Department. K 2. The layoff plan shall include the reason for the layoff, a list of each position subject to layoff by classification and a list of the employees holding the positions within the specified classification(s). he layoff plan shall also include a description of any burnping rights applicable to any of the emplovees included in the layoff plan. 3. Regular full- and part-time classified employees in grant-funded positions shall not be subject to layoff. 4. In any approved layoff plan, all vacant positions in the specified classification(s) within the department shall first be eliminated. Next, all temporary and/or probationary employees occupying the specified classification(s) within the department shall be terminated prior to the layoff of any regular employees in the specified classification(s) within the department. Regular employees within the Reg lar Council Meeting -December 7, 2010 -Page 79 of 1~022598.DOC / 7}8 - 3 ,~ CHAPTER 8 ...^, -- -~ ~~~ !~A[~Ai~,4 TERMINATION OF EMPLOYMENT ~•.~.~~.~:~' 1 '~. TOWN O'r h"Ak.4~IR specified classification(s) within the department shall then be laid off in inverse order of seniority. Employees who have the option of exercising bumping rights shall be given notice of he lavoff plan and of their right to bump into the next lower classification within the r ceipt of this notice. the employee shall inform the Tow__n in writing whether he or he will exercise those bumping rights. Upon recein_t of the employee's written notification. the lavoff plan will be finalized and implemented in accordance with this section. ~E. Notice of Proposed Layoff 1. ~a After finalization of the lavoff plan r° ~,~-~.; ,=e:<eQ, the Department Head shall issue a notice of proposed layoff to each employee who will be laid off. The notice shall inform the employee of the employee's opportunity to present a written response to the proposed layoff and to attend apre-layoff review meeting with the Department Head at a scheduled date, time and location. 2. The notice of proposed layoff shall be issued to each affected employee at least seven calendar days prior to the pre-layoff review meeting. €~. Pre-Layoff Review Meeting 1. The pre-layoff review meeting shall take place at least 14 calendar days prior to the proposed effective date of the layoff. 2. The pre-layoff review meeting shall not be an adversarial hearing. The purpose of the meeting is to give the employee the opportunity to respond, verbally or in writing, to the written notice of proposed layoff. 3. The employee may have anon-attorney co-worker. of the employee's choosing present during the pre-layoff meeting. The co-worker may not speak on behalf of the employee and may only participate as an observer. 4. Any relevant information presented by the employee during the pre-layoff review meeting regarding the proposed layoff shall be considered by the Department Head. 5. Failure by the employee either to attend the pre-layoff review meeting or to timely submit a written response to the notice of proposed layoff shall be deemed a waiver of the employee's right to do so and the proposed layoff shall be implemented as specified in the layoff plan. Reg lar Council Meeting -December 7, 2010 -Page 80 of 1,~022598.DOC / 7}8 - 4 "~~ - ~.-, I~A~1~I~A :~ /l t~wrr of rs.a~r say CHAPTER 8 TERMINATION OF EMPLOYMENT ~~. Notice of Layoff After the pre-layoff review meeting, the Department Head shall advise the employee in writing of the decision regarding the proposed layoff. The decision shall be approved by the General Manager. where aDt,licable. the Town Manager's Office. the Human Resources Department and the Legal Deoartm~,. This notice of layoff shall be issued as soon as possible and at least 14 calendar days prior to the effective date of any layoff. 2. The original notice of layoff shall be submitted to the Human Resources Department and a copy shall be provided to the employee. 6Fi. Personnel Action Review Board (PARB) Review 1. Employees who are laid off pursuant. to the provisions of this section may request to have the layoff decision reviewed by the Town's Personnel Action Review Board (PARB). 2. To request PARB review, eligible employees must submit a written request for review, on a form provided by the Human Resources Department, to the Human Resources Director within ten calendar days after the effective date of the layoff. 3. Within ten calendar days of receipt of the employee's request for review, the Human Resources Director shall submit the request for review to the PARB. 4. Upon receipt of the employee's request for review, the PARB, or the Human Resources Director in conjunction with the PARB Chairperson, shall set a date for a review hearing. The hearing. should take place within 30 calendar days of the PARB's receipt of the request for review, unless the time is extended by the PARB, or unless the PARB is unable to hold the hearing within that time, or for other good cause. 5. The review by the PARB shall be only to ascertain whether the Town has complied with the provisions of these Personnel Policies and Procedures relating to layoffs. The PARB has no authority to and shall not review whether the .shortage of work or funds or the material change in duties or organization justified the layoff or whether alternative means may have been available to the Town. In all other respects, the hearing shall proceed in the manner set forth in Policy 5-6 of these Personnel Policies and Procedures or as otherwise determined by the PARB. 6. Upon conclusion of the review hearing, the PARB shall render a written decision which shall contain findings as to whether the provisions of these Personnel Policies and Procedures relating to layoffs have been complied with. The decision of the PARB shall be final and is not appealable within any Town process. Reg lar Council Meeting -December 7, 2010 -Page 81 of >~022598.DOC / 7}$ - 5 ,,, CHAPTER 8 ~- ~~~ {~/~~/~~A TERMINATION OF EMPLOYMENT ti til 1 'ti r~wr~ a: tn.aaawA 7. Failure by the employee to file a written request for review within ten calendar days after the effective date of the layoff, unless explained to the satisfaction of the PARB, shall operate as a bar to further recourse by the employee. #1. Pre-Layoff Transfer 1. Layoff decisions shall be coordinated among Town departments to provide possible transfer of employees to positions in other departments for which the employees qualify. 2. An employee subject to a pre-layoff transfer retains all accrued sick and vacation leave and compensatory time. ~., The employee shall serve an initial evaluation -.period in the classification the employee transfers into +€ unless the employee has Dreviously ref completed an initial evaluation period in that classification and in thaf deoartment p~vteu_s{y. f~. Recall 1. An employee who has been laid off pursuant to the provisions of this section shall be recalled within one year of the layoff if the employee's previously-held job is reopened or if a similar job for which the laid off employee is qualified becomes available. The Town is not required to follow the competitive hiring process to recall a laid off employee. 2. An employee subject to a pre-layoff transfer is subject to recall in the same manner as an employee who is laid off. ~~. Coordination with the Worker Recession ,4ssignment Program (WRAP) If any of the provisions of this section conflict with the provisions of the Town's Worker Eecession Assignment Program (WRAP), the provisions of the WRAP shall govern for those employees who are serving in a WRAP assignment under the provisions of that program. Reg lar Council Meeting -December 7, 2010 -Page 82 of 1{~022598.DOC / 7}$ - 6 ,r...~~ N~ARANA ~ .,1~..~ FvYehf OF MARANA CHAPTER8 TERMINATION OF EMPLOYMENT Policy 8-2 EXIT PROCESS The Human Resources Department is responsible for coordinating the exit process with the Department Head, chain of authority above the level of Department Head and the Finance Department. Section 8-2-1 Exit Clearance The emplovee's Department Head shall ensure '„ adeel in the f+n^~^vlear^n~~ that all Town-iss equipment, materials and supplies, includina. but not limited to s~sfa-as keys, identification card, Town credit cards and uniforms, a^^°^•+~nn „n^n +"^ ,~^n^r+.,,^n+ ^+^., have been returned s part of the employee's final exit clearance. Section 8-2-2 Exit Interview Regular full-tinge and fegttlar part-time employees will normally participate in an exit interview. T"° '^+^^•;^,•• ,••;'~ n^r.v+^",• "^ scheduled prior to the last day of employment. Documented comments gathered from tThe ~€xit lfnterview shall be maintained separately from the employee's personnel file. Temporary employees do not ordinarily participate in an g€xit lfnterview unless they volunteer to complete the interview. Section 8-2-3 Final Pay Check A. The Finance Department shall be notified of the employee's separation date through t#te ~ Personal Action Form. Employees shall receive pay for work performed through the last hour worked and for unused benefits as stipulated by Town policy and laws governing ash final payments. 1. Terminated employees must be issued their final pay check within ~ three working days of the effective date of the termination or at the end of the next regular pay period. whichev r is sooner. Items +~„~resper~s~"~'~+~• ^f +"° Sep~e„~~ ferward +~-~-:am,an~esc~;xroes ^'-~-~,,~:eted~Pe -~ee~s-TedeKat rorri iir~"~T' 2. ~"employees who leave the employment of the Town by means other than termination will be paid at the close of the next regular pay period. 3. Costs of unreturned Town property will be deducted from the final paycheck. 4 The Town will not distribute the final pay check to the employee via direct deposit. mplovee may either nick up the final pay check or request that it be mailed to the employee. The employee's selection shall be indicated on the final exit clearance form. Reg lar Council Meeting -December 7, 2010 -Page 83 of 1~022598.DOC / 7}8 - 7 ~~~~~~ TOWN J=hAARANA CHAPTER 8 TERMINATION OF EMPLOYMENT B. Befere-tl~final~a~rst~esk~iasaed *~~eTee; ;It is the responsibility of the Department Head to ensure that the employee has completed final clearance an t items, including the Personnel Action Form, the exit clearance checklist and the final ime sheet/attendance record. have been properly completed and forwarded to the Human Resource Department and the Finance Department within the required time frames for issuance of the final pay check. 4hn Dorcnnnel An+inn Cnrm Section 8-2-4 Continuation of Benefits A. .~~• of +he mnn+h nr 1~+nr Bern n~_T~Q orar.~ni.e h +c. 'll . The continuation of benefit_s_i~_subject to the t~toyi ions of each benefit plan and coveraae may vary. B. Employees eligible to continue health benefits through C-O-B:R-A- and H-I-P-A-A- will r~_~ei rye be notificationed within the time limits determined by law. Employees are expected to be .present and to work on their final work day to facilitate the exit clearance aroce~s,___ Requests to use vacation or personal leave will be considered as described in Section 8-1-3 of these Personnel'''Policies and Procedures. Employees max se sick leave in accordance with the Town's sick leave policies and procedures Reg lar Council Meeting -December 7, 2010 -Page 84 of 1~022598.DOC / 7}8 - 8 r.-~" ,~, ~~ ~~~~~~ TOWN O<<C-0RRANA CHAPTER 8 TERMINATION OF EMPLOYMENT Policy 8-3 VERIFICATION OF PREVIOUS TOWN EMPLOYMENT A: All reauests for verification of emplovment or waaes of former _emplovees. whether written or oral. must be forwarded to the Human Resources Department for processina. The Human Resources Department will provide infor ation reaardina a former mplovee's dt3ates of employment, job classificatianl~s , s-e~-last rates of pay, departments +n-~v#isl}~a~lejree ~•~^„o„~~ worked in and eligibility for rehire e ~er+t"iett in response to e~side standard requests for emplovment verification. Ad~itisraal if the regu~stor submits a women authorization for release of information sianed by the former ernQlovee, the Town may nlovide additional information in conformance with the written release. ff_...~._~___, .......... ... .....,..., .......,,.. .... ................ ... ., .., ..,........ .................. .....p............. T°rPr° Reg lar Council Meeting -December 7, 2010 -Page 85 of 1~022598.DOC / 7}$ - 9 ""'"'"~~ "-"`- --~ I~~f~ANA ~~l 1 '~ rowri o~ MaruNr CHAPTER 8 TERMINATION OF EMPLOYMENT Policy 8-4 RE-EMPLOYMENT Section 8-4-1 Eligibility y4 Regular employees who resign from Town service ' may be considered for re-employe~ment~+pee-a~e~al-s# the 11°n~+hm°n+ u°.,,+ to a class~ication in which the mplovee had previously completed an initial evaluation Deri d without going throuah a ompetitive recruitment process. if the emplovee returns w~hin_six months of resianation nd if the re-emplovment is approved by the Department Head and the chain of uthority above the level of Department Head escr~ed~- ~~~ -t' ^f ~°°~^^°+;^n ~~r-poses ef~epe~i+° ^^~' c°'^^~ The former emplovee must notify the Human Resources Department of his or her desire to be re-emploved. However. r - ovment is not guaranteed. Fbrmer emplovees. may also agply_ for posted Wings throuah the regular competitive recruitment process Re-emploved emplovees who return to Town emplovment within six months of their 'anation are not reouired to complete an initial evaluation period if thou had rp eviQt~sly completed the initial evaluation period in the same classification and in the me department prior to resianation Re-emploved emplovees who return to Town emplovment more than six months after esianation must serve the initial evaluation period required by the position. r aardless of whether the emplovee previously completed the initial evaluation period in he same classification and the same department prior to resianation. Reg lar Council Meeting -December 7, 2010 -Page 86 of ~~022598.DOC / 7}8 - 10 ~~ ~~0~AI~A w~,~.~ TJWN OP MARRPdA CHAPTER 8 TERMINATION OF EMPLOYMENT C. All re-employed employees must serve an initial evaluation period for any subsequent tions. transfers or promotions. regardless of whether the employee previously completed the initial evaluation Deriod in the same classification and the same department prior to resianation. Section 8-4-~ Compensation and Benefits A. An employee tai re-employed in his or her former position or in another position maybe-paid ~+ #L~e c~~mc n~+~i n+ the +ime ~ n~h•e•„iCtt +ho Tn~~m .,rn~iirlcr! +h~+# #ho ro will be subject to he compensation policies and practices pt=sv+sier~s for new hires aardless of the employee's previous coma nsation at the time of separ ~. B Future performance pay increases for a re-emploY~d_emp~j/ee will be in accordance h the performance management policies and procedures set forth in Policy 3-5 of these Personnel Policies and Procedures. A employee re-employed in his or her former position or another position within six s after the employee's resianation will be considered to have continuous service or the purpose of calculating the employee's vacation accrual rate. In addition. the employee will not be required to serve the waitina period described in Section 4-1-5 of these Personnel PoliGies_ar~d Procedures before using vacation D. A~_ ployee re-em u din his or her former position or another position within six mac nths after he employee's resianation shall have his or her previous accumulated sick eave b lance restored ~ ~~~~4inn ~n°,•° °'inihai+., ,.,iu ho L+~cer1 r.., nrcvin~ ~~ Tnum c~eniine if ro_on~nlnvmen} nnri ~r ~nii#hin nno ae~r of 4F~e nrcvin~~c~ rccinn~+4inn E. Dep~ndina upon the provider and the plan. separation and re-employment may be r i ~_ ervi f r uir d to serve the required waitina period before receiving insurance benefits. A former employee's personnel file will be re-activated upon re-employment with the Town. the personnel file has not been disposed of in accordance with the Town's records Letention schedule. Reg lar Council Meeting -December 7, 2010 -Page 87 of ~~022598.DOC / 7}$ - 11 ~~ MARAI~A TOWN Of b1ARa4NA CHAPTER 8 TERMINATION OF EMPLOYMENT Section 8-4-3 Military Service An employee who resigns from Town service to enter active duty in the armed forces, voluntarily or involuntarily, will be shy ~~p' the provisions of the Uniformed Services EmDlovment and `~°+~~ Reemployment Rights 1 ~2w ct of 1994 (USERRA) and nv aDDlicable Arizona law. Section 8-4-4 PSPRSeIGise €~erie~ Police employees who retire under the Public Safety Personnel Retirement System P(P! SPRS) are ^^+ ^^~~°~°~' ~~^^'°~ subject to the re-er~nployment provisions of PSPRS tk~is ffelic~. Jf any of the provisions of this Dolicv conflict with the re-employment Drovisions of SPRS. the Drovisions of PSPRS shall aovern for those emDlovees covered by PSPRS Separation and re-emDlovment is not considered c_ontin~rous service when determinina ' for layoff Durooses. Reg lar Council Meeting -December 7, 2010 -Page 88 of ~i~022598.DOC / 7}8 - 12 ~~~~~~ ~~ >~~A~A `k. ~~ x ry< ~..~. REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 16, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Memher Patti Comerford, Council Member Carol McGorray, Counci I Member Jon Post, Council Member Roxanne Ziegler, Council ~Ierr~ber REGULAR COUNCIL M 1 ~ F, PING CALL TO ORDER AND ROLL CAL I Mayor Honea called the meeting to order at 7:(11 p.m. ,ill Council Members were present. Council Member Clanagan arri~~ed an the dais at 7:(~6 p.m. There was a quorum present. PLEDGE OF ALLrG1i~NC(J; INVOCATION!MOMENT OF SILENCE Led by Mayor Houea. Cou ncil 1\Iember Comerford asked that the moment of silence be dedicated to the memories of the militar~• pcrsannel from Arizona who had been killed in combat recently. APPROV;IL OF AG.CND~~ Motion /o ul+prove moved h~~ G~u~:cil Member McGorray, second by Council Member Ziegler. Motion carried unu~,imuusly. CALL TO THL .Y U f3LTC David Morales spoke on behalf of putting a question on the ballot for the citizens to vote on whether to become a city or stay a town. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford commented on the great turnout for the community United Run/Walk on November 13. Council Member McGorray also reported on the event. Mayor Honea reported that he had met with Steve Storzer, a resident of Silverbell West who had been in opposition to the proposed landfill. Mayor Honea stated that Mr. Regular Council Meeting -December 7, 2010 -Page 89 of 128 November 16, 2010 Council Meeting Minutes Storzer had been a gentleman throughout the proceedings. Mr. Storzer met with the Mayor to let him know he was termination his political action committee. Mayor Honea also noted that Al Cook, a former Marana employee and event organizer for the Oro Valley jazz festival, had come to him with the news that the El Conquistador would not be hosting the jazz festival anymore, and Mr. Cook was looking for another venue, possible at the Ritz Carlton in Marana. Mayor Honea noted that the Dove Mountain Civic Group was hosting a forum on November 17 regarding the transfer facility on Tangerine Road. He also referred to the police chief interviews going on, a presentation he made to the Quail Run Elementary School students, the United Walk/Run that he participated in by walking the lOK event. He had also met with BizTucson and others regarding the upcoming PGA Accenture Match Play to be held in >t'larana in February. Mayor Honea stated that Mr. Davidson would be reporting on a rep iced policy for take home vehicles for the police department. Council Member Clanagan commented on attending the l rn~ n I fall meeting last weekend and also on the Imagine Greater Tucson event held at the ~~%heeler Abbett library. MANAGER' S REPORT: SUMMARY OF CU R K ~ N I 1 ~: V }!NTS Gilbert Davidson reported on the Arizona Town Hall meeting referred to try Council Member Clanagan. Both he and Frank Cassidy attended. He also reported that the Executive Report is out for review. IL'(r. Davidson thanked Safeway, Northwest Fire, Saguaro Environmental, Wal-Mart and to~~-n staff for their col~tributions to making the Community United event a success. H~ c~lnmcnted on the take-home vehicle policy. Mr. Davidson mentioned that this Thursday at x:00 p.m. is the rihb~ui cutting for the Twin Peaks inter-change. PRESENTATIONS P 1: Presentation : 1ZeJ at i n ~~ t u B u ~lget; an upd ate o f the Town's financial status for the first quarter of the 201(1-11 tiscal vcar Erik Montague gave a hriel cwer~~ic ~~ ofthe first quarter budget status, noting that reven«es are trending ~lightl~~ up~tiard fi-om projections. CONSENT ~ GENDA Motion to upnrore moved by Council Member Post, second by Council Member McGorray. Motiurr carried unanimously. C 1: Resolution N~. _'010-105: Relating to the Police Department; approving and authorizing the Town Manager to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2010 Operation Stonegarden Grant Program C 2: Resolution No. 2010-106: Relating to Streets; approving and authorizing the renaming of "Gallery Canyon Drive" to "Paseo Vista Solana" C 3: Resolution No. 2010-107: Relating to Streets; approving and authorizing the renaming of a segment of Camino de Mariana to Dalton Place Regular Council Meeting -December 7, 2010 -Page 90 of 128 2 November 16, 2010 Council Meeting Minutes C 4: Resolution No. 2010-108: Relating to Municipal Court; approving the reappointment of magistrates pro-tempore and civil traffic violation hearing officers C 5: Resolution No. 2010-109: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for video-court hearings of Marana Municipal Court prisoners being held at the Pima County Adult Detention Center C 6: Resolution No. 2010-110: Relating to Utilities; approving and authorizing the Mayor to execute a Joint Funding Agreement with the U.S. Department of the Interior U.S. Geological Survey to continue from October 1, 2010 through September 30, 2013 the study entitled Aquifer-Storage Change and Land-Surface Elevatiolt Change Monitoring in the Tucson Active Management Area C 7: Minutes of the November 3, 2010 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTECS B 1: Resolution No. 2010-111: [Marana Town Council acting as the Floodplain Management Board]: Relating to Floodplain Management; request for a variance to Title 21, Floodplain and Erosion Hazard Management Cock, t~~r property located at 6046 W. Quail Nest Place Keith Brann presented this item to Council, noting that sonic ofthe conditions required inTitle 21 will be removed ~~hen the new FCMh maps become available next year. He enumerated several options l o r Council's consideration. The applicant, Dennis Shannon, presented his case to the Council. Motion moved ht~ C~~uricil 3le~~ihc r Post, sec~uzd by Council Member Zieger, to approve the rega~c~sr, fo~• variui~ce Jrunr section 21. US.OLC.4 of the Marana Development Code regardin, the 18-inc/r elernlion. All other of aspects of Title 2l shall be complied with, and~t{tc~ a~lrlicant shall si,~ ~r a Dove nnnt holding the town harmless in the event of flooding. dlotion carried i~nunimausly. COUNCIL AC~hlO1`~1 ITEMS FOR DISCl1SSION/POSSIBLE ACTION D 1: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 3 -Compensation This item was presented by Suzanne Machain. Motion moved by Vice Mayor Kai, second by Council Member McGorray, to direct staff to have this item brought back for Council approval on December 7, 2010. Motion carried unanimously. Regular Council Meeting -December 7, 2010 -Page 91 of 128 3 November 16, 2010 Council Meeting Minutes D 2: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment This item was presented by Suzanne Machain. Motion moved by Council Member Comerford, second by Council Member Clanagan, to direct staff to have this item brought back for Council approval on December 7, 2010. Motion carried unanimously. D 3: Legislative/Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bcid ies Gilbert Davidson noted that there was no formal update. The state Legislature is in the process of making their appointments to the various comnittces. "l he town will be working with the League and coming back to Council n,December to ranew the annual legislative agenda. He also noted that he will be «orking with a firm in Phoenix to cover some of the town's legislatives issues. EXECUTIVE SESSIONS Motion to go into executive session nn Item E.2 moved h~, Council Member McGorray, second by Council Member Post. Mot~oir earned unanil~rously. Council left the dais at 8:31 p.m. Council returned to the dais at 8.48 p.m. E 1: Executive Session pursuant to A.R.S. §38-X31.03 (A)(3), Council may ask for discussion or consultation for Ic~~al advice with the Town Attorney concerning any matter listed on this agenda E 2: L-~ecutive Session pursuant to ;1.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice ~~ ith the "Town's attorneys and discussion and to consider its position and instruct the Tow rt Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS This item was taken before adjourning to executive session. Council Member Comerford asked to have an item related to the Interfaith Council on a future agenda. Mayor Honea and Council Member Clanagan concurred. Due to a citizen complaint, an item regarding noise near a residential area also needs to be looked into. Ms. Fairall responded to a concern by Council Member Ziegler that there was already a noise ordinance in the code. Ms. Fairall responded that there is a noise ordinance but it is complex and covers only certain areas of the town. Regular Council Meeting -December 7, 2010 -Page 92 of 128 4 November 16, 2010 Council Meeting Minutes ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member Comerford. Motion carried unanimously. The meeting was adjourned at 8:49 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 16, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -December 7, 2010 -Page 93 of 128 November 16, 2010 Council Meeting Minutes ~"r ~~ r ~m 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item L 1 From: Jocelyn Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a Person Transfer #6 (Bar) liquor license application submitted by Ruby C. Dove on behalf of La Tumbleweed Lounge located at 13915 N. Sandario Road Discussion: This application is for a Person Transfer #6 (Bar) liquor license submitted by Ruby C. Dove on behalf of La Tumbleweed Lounge located at 13915 N. Sandario Road. 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 cone-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 November 30th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building Safety, Planning and Legal Departments/Divisions 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 the DLLC within the 60-day time period, or if the director, board or a resident within a one mile Regular Council Meeting -December 7, 2010 -Page 94 of 128 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 Descriptions_of common_types._of liquor licenses_ (00018233).DOC. Descriptions of common types of liquor licenses Backup Material ~ Affidavit_of_Postng.pdf Affidavit of Posting Backup Material ~ Use_Form LGB Recommendation.pdf Recommendation Backup Material 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 Person Transfer Series #6 (Bar) liquor license application submitted by Ruby C. Dove on behalf of La Tumbleweed Lounge located at 13915 N. Sandario Road. OPTION 2: I move to adopt an order recommending disapproval of a Person Transfer Series #6 (Bar) liquor license application submitted by Ruby C. Dove on behalf of La Tumbleweed Lounge located at 13915 N. Sandario Road. Regular Council Meeting -December 7, 2010 -Page 95 of 128 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series OG Gar This ligtl~r Icense is t ~n~,f:.I .hid' frorr~ person to person an€''c.~r location to loca'.c:~ :~~~ithrn ti?e ~~,r~e county c}r~l, _ys~d allows the holtt~r i..1!n .rr- ~ aff-sale retail prlL'~Fi~e~. ~',is license allo'w~ a bar retailer to ~~.ell and scr'~ie ~, rr`~r.~_. ~i,~uors. primarily by irrdividua! por~tl:~~-~s. to be consumers cn tiro premises ar~d in tii~ i~:, ~~l ~~r~ntainer for consumption on or ~~ff ti-;c pren-Iises. A retailer v~~ith ©ff-sa8e privileges ni-rv c~el .~~~r spirit~o~rs li~~~uor cff oaf tE~e licensed premises in connection ~:vith a retail sale i ayr-n ail: ;rr~r~st be made no later than the tit~te of a<~II ~er~7~. r:~ff-sale {"To Go") paaF:age sues of sFtiritunus li~~~a~= c;~>.r~ i~~, r~ad~:; on the bar prer~is±s as Icing as the a~ ~:-. of cff sale c~~?~r==lion noes nat ~Itilize ~~ seE ~t~~ entrance and exit fror~n tllc ones provided fc~ a-~e Isar. A h~ ~iei or m~:ltel vdith a Senes iJ Iiser[se rrr~~, sell 'spirittrc~l_rs liquor in sealed cr.~-aan~~rs in indr:ic~, -a r..,or-tions to its registPr~c gusts at ~~ny tilnc f:?y r7~+rans of a minii~a:r ICf~~E+.+ lit ti1F', CJl.lr'.St. (t^tiis:l:i of r ~~ISterf'd gUCStS. the r~n1i~5t~rCd ~11est rrlUSt IJe cat It.~;S`', t+ ?nt'~{'- ;ne !?~ Vears cf G~ie. Access to the n~inib~~r i;, by ~ ~;~tr c~~r magnetic r~~rd devi~~e and not furni,;f~ed to a grlest between the hours cf E:OIL ~ rn ~ r~r;~ arr~ P~onday through Saturday ~~<<~ acid i :t~~t a. m. ,and 10: 0 a.m. on Sund~avs. This is a quota license. which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series OG has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Series 07 Beer and Wine Bar This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder bath on- & off-sale retail privileges. This license allows a beer and wine bar retailer to seA and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Off-sale {''To Go'°) package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. This is a quota license, which means there are no "new" Series 07 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 07 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Regul~~~l~in~ -December 7, 2010 -Page 96 of 128 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 09 Liquor Store This liquor license is transferable from person to person andlor location to location within the same county only and allows the holder off-sale retail privileges. This license allows a spirituous liquor store retailer to sell all spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off- sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and wine {no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 11 HatellMotel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotelfmotel license to sell and serve spirituous liquor solely for consumption an the premises of a hotel or mate) that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40°l°) of its gross revenue from the sale of load. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one {21}years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10;00 a,m. on Sundays. Series 12 Restaurant This non-transferable, an-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent {40°l0} of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. Regul~~~in~ -December 7, 2010 -Page 97 of 128 Print Form ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 80~ W Washington 5th Floor Phoenix AZ 8500-2934 v1/ww.azlq uo r'.gov (6.02) 542-5141 AFFIDAVIT OF POSTING Date of Posting: Date of Posting Removal: Applicant Name: Dove Ruby C Last First Middle 13915 N. Sandario Road Marana 85653 Business Address: street City Zip 06100277 License #: I hereby certify that pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed bythe above applicant and said notice was posted for at least twenty(20) days.. Print Name ofCity/County Official Title Telephone # 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 call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9027 Lic0119 4/2009 Regular Council Meeting -December 7, 2010 -Page 98 of 128 FYint Forrn 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 CITY~`T WO N~€DF COUNTY OF MARANA 06100277 STATE APPLICATION # PIMA ARIZONA. CITY/TOW N/COUNTY # LL2010-12 ORDER # Regular Marana Town Gouicil At a meeting of the of the Cit ITown/ ounty (Regular or Special) (Governing Body) Marana 7th December 2010 of held on the day of the (Day) (Month) (Year) Ruby C. Dove application of for a license to sell spirituous liquors at the premises described in Application # 06100277 ,License Class Series 6 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of is hereby recommended for 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. the Town of Marana DATED AT This day of (Day) (Month) r~ ioo~ osizoos (approval/disapproval} dear/ CITY;iTOWN COUNTY CLERK * Disabled individuals requiring special accommodations please call the Department Ruby C. Dove Regular Council Meeting -December 7, 2010 -Page 99 of 128 ~~~~"~ ~~ r~~~ ~ ~a~~~.. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item L 2 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board adding Sampling Privileges to Walgreens #09952, located at 12050 N. Dove Mountain Blvd., active Series #9 (Liquor Store) liquor license submitted by Gary Martin Discussion: This form is to allow Sampling Privileges for an active Series #9 (Liquor Store) liquor license submitted by Gary Martin on behalf of Walgreens #09952, located at 12050 N. Dove Mountain Blvd. Last year the Legislature amended A.R.S. Section 4-206.01 and the standard Series 9 retail license to include the sampling privileges option. Retailers who currently hold a Series 9 license may request the addition of sampling privileges. This is not a new application, though the statute says that the request for sampling approval shall be conducted under the same procedures prescribed in section 4-201. The form was posted at the premises where the business is to be conducted. The posted notice provided that residents within aone-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 November 17th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. Because the applicant already went through the standard review process to obtain their current license, the standard background checks were not repeated. The town clerk's office and legal department have reviewed the application and found the request to be in compliance and have no objections to the issuance of this addition to their license. According to the statute the Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. 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 request, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a Regular Council Meeting -December 7, 2010 -Page 100 of 128 resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the request or does not submit a recommendation to 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 request. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the request for sampling privileges. The decision of the board to either grant or deny the request will normally take place within 105 days after it has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: Description: Type: ^ Walgreens_S...amping_Form.pdf Sampling Privileges Form Backup Material Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC. Suggested Motion: OPTION l: I move to adopt an order recommending approval of Sampling Privileges to the active Series #9 (Liquor Store) liquor license submitted by Gary Martin on behalf of Walgreens #09952, located at 12050 N. Dove Mountain Blvd.. OPTION 2: I move to adopt an order recommending disapproval of Sampling Privileges to the active Series #9 (Liquor Store) liquor license submitted by Gary Martin on behalf of Walgreens #09952, located at 12050 N. Dove Mountain Blvd. Regular Council Meeting -December 7, 2010 -Page 101 of 128 .Print ~vo-~rt .~~'°' h • :. r,: ' , '_ _,;. Purl; >y.; ~ :•.'"c" Departm~t;~o>'Liq~rSr~~ic~nses and Control ~j. ,,.,t ,,.. , ~,,~.,~,.. ~.,,,.,, _ r.k 3`.` -<:..~`' .t X1!,''`9 -'e Liquor Store;;~seri_es:;`;@;J~Sa_in:ptiijgrP:riyileges Form - ~:... "~i Licensee's Name: __ Walgreen Arizona -Drug Company (check one} Owner e Agent Mailing Address: PO Box 901 Deerfield IL Lake .60015 = Street Address or P.O. Box Ciry State County Zip Code Business Phone Number: _ 8t 47 ~ 527-4274 Email: ioan.oetrowski@walgreens.com Current License #:fl9100090 FOR DLLC USE,~O,,N~L.Yr~ Business Name: Walgreens #09952 New License #: ~ 1C~!~~ Business Phone Number: c 520) 225-0770 Initials of CSR Physical Location of Business: ~ 20,~i0 North Dove Mountain Boulevard _ Marano ADZ Pima 85658 = Street Address City State County Zip Code I, Garv Martin ,understand that, upon approval, sampling privileges for the liquor license identified above will require compliance with the following: I itial Here Any open product shalt be kept locked by the licensee when the sampling area is not staffed. 2. The licensee is otherwise subject to all other provisions of this title. The licensee is liable for any violation of ~-- th'. title committed in connection with the sampling. 3. The licensed retailer shall make sales of sampled products from the licensed retail premises. 4. The licensee shall not charge any customer for the sampling of any products. ~,~„ 5. The sampling shall be conducted under the supervision of an employee of a sponsoring distiller, vintner, br wer, wholesaler or retail licensee. .6. Accurate records of sampling products dispensed shall be retained by the licensee. 7. Sampling shall be limited to three ounces of beer or cooler-type products, one ounce of wine and one ounce of distilled spirits per person, per brand, per day. pt.LC August 201D l Regular Council Meeting -December 7, 2010 -Page 102 of 128 ~~v j'-• .-.- - - y ~... 8. The sampling shall be conducted only on the licensed premises. ~ 9. tJpon approval of this form, a series 9S liquor license will be issued and mailed to the licensee's address of record. The series 9S license must be displayed in a conspicuous public area of the lioensed premises that is readily a ssible for inspection by any peace offiicer, distributor, wholesaler or member of the public. (A.RS. §4-261.01) 10. Liquor store license sampling privileges are not transferable. ~' ~'" 1.1. 1 have read and understand A.R.S. §4-206.01 below. A.R.S. §4-206.01. Bar, beer and wine bar or liquor store licenses: number permitted: fee: samalina privileges 1. Any open product shall be kept locked by the licensee when the sampling area is not staffed. 2. The licensee is otherwise subject to all other provisions of this title. The licensee is liable for any violation of this title committed in connection with the sampling. 3. The licensed retailer shall make sales of sampled products from the licensed retail premises. 4. The licensee shah not charge any customer for the sampling of any. products. 5. The sampling steal! be conducted under the supervision of an employee of a sponsoring distiller, vintner, brewer, wholesaler or retail licensee. 6. Accurate records of sampling products dispensed shall be retained by the licensee. 7. Sampling shall be limited to three ounces of beer orcoo~er-type products, one ounce of wine and one ounce of distilled spirits per person, per brand, per day. 8. The sampling shall be conducted only on the licensed premises. I, Gary Martin ,attest that I am the OWNERIAGENT filing this form, that 1 have read, and assume responsibility for compliance with, A.R.S. §4-206.01(J). at the licensed establishment named on page 1, and v all statemen - 1 have made.on this document to be true, correc# and complete. Assistant Treasurer Li ~~i 1Q Signature, Title Date Notarized Signature The forgoing instrument was ackn edged before me this ~ U~ f D ~r ~-~1 ~~ day month .year Notary Public: Signahrre Nly commission expires: ~ _ ,~~~ day month year wbr Regular Council Meeting -December 7, 2010 -Page 103 of 128 OFFICIAL SEA(., 2 NOTARY U~ ~S ~E 01= iLLINC~rS ~ COMMISS80N EXPfRES~12/04/1 F ~~ .~.".1 ~~~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item B 1 From: Jocelyn Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: This action aligns with the goal of having citizens involved and connected with the town to help provide a safe and viable community. Subject: Resolution No. 2010-116: Relating to Boards, Commissions and Committees; approving applicants to fill vacant positions on the Board of Adjustment and the Affordable Housing Citizen Advisory Commission and re-appointing members to the Board of Adjustment Discussion: Pursuant to ordinance adopted in 2009, twice annually the Council may consider appointing applicants to fill vacant positions on citizen boards, commissions and committees. Requests for re-appointments may also be considered. Currently, there is one vacancy on the Board of Adjustment and multiple vacancies on the Affordable Housing Citizen Advisory Commission. Staff provided copies of the applications of Phyllis M. Farenga to the Board of Adjustment and Lynne Owens to the Affordable Housing Citizen Advisory Commission, respectively. Ms. Farenga is a Marana resident and meets the requirements of the position. Ms. Owens is not a Marana resident, but lives adjacent to the town limits and is eligible for appointment pursuant to the 2009 ordinance. Ms. Owens' mother, Eloise Brown, was a member and past chair of the Affordable Housing Commission. Ms. Owens would like to complete her mother's term, which expires January 31, 2013. Members of the Board of Adjustment who were re-appointed for two-year terms prior to the adoption of the new ordinance in 2009 need to have their terms extended to January 31, 2012 to continue service on the board. These current members include Bill Ohl, Bob Anderson and Jose "Joe" Aranda. Members of the Board of Adjustment whose terms expired but would like to continue serving until January 31, 2014, are Larry Steckler, Lyn Alvarez and John McIntyre. If appointed, Ms. Farenga's term would also expire on January 31, 2014. Regular Council Meeting -December 7, 2010 -Page 104 of 128 ATTACHMENTS: Name: Description: Type: O BOA AF_appointments 2010,_DOC Resolution Resolution Staff Recommendation: Staff has reviewed the applications and requests for re-appointment and finds that they meet established requirements and recommends the following: 1. That Phyllis M. Farenga be appointed to the Board of Adjustment with a term expiring January 31, 2014. 2. That Bill Ohl, Bob Anderson and Jose "Joe" Aranda be re-appointed to the Board of Adjustment with terms expiring January 31, 2012. 3. That Larry Steckler, Lyn Alvarez and John McIntyre re re-appointed to the Board of Adjustment with terms expiring January 31, 2014. 4. That Lynne Ownes be appointed to the Affordable Housing Citizen Advisory Commission with a term expiring January 31, 2013. Suggested Motion: I move to adopt Resolution No. 2010-116, approving the appointment of Phyllis M. Farenga to the Board of Adjustment with a term expiring January 31, 2014; the re-appointments of Bill Ohl, Bob Anderson and Jose "Joe" Aranda to the Board of Adjustment with terms expiring January 31, 2012; the re-appointments of Larry Steckler, Lyn Alvarez and John McIntyre to the Board of Adjustment with terms expiring January 31, 2014; and that Lynne Owens be appointed to the Affordable Housing Citizen Advisory Commission with a term expiring January 31, 2013. Regular Council Meeting -December 7, 2010 -Page 105 of 128 MARANA RESOLUTION NO. 2010-116 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING APPLICANTS TO FILL VACANT POSITIONS ON THE BOARD OF ADJUSTMENT AND THE AFFORDABLE HOUSING CITIZEN ADVISORY COMMISSION AND RE-APPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT WHEREAS Marana Town Code Section 2-6-2 establishes the procedure for Mayor and Council appointments to boards, commissions and committees; and WHEREAS the Mayor and Council desire to fill existing vacancies and find that the appointments addressed by this resolution are in the best interest of the town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. That Phyllis M. Farenga be appointed to the Board of Adjustment with a term expiring January 31, 2014. SECTION 2. That Bill Ohl, Bob Anderson and Jose "Joe" Aranda be re-appointed to the Board of Adjustment with terms expiring January 31, 2012. SECTION 3. That Larry Steckler, Lyn Alvarez and John McIntyre be re-appointed to the Board of Adjustment with terms expiring January 31, 2014. SECTION 4. That Lynne Owens be appointed to the Affordable Housing Citizen Advisory Commission with a term expiring January 31, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of December, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 7, 2010 -Page 106 of 128 ~~~~ ~~~ w4 ~~ ~a~¢ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item B 2 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-117: Relating to Boards, Commissions and Committees; approving and authorizing the re-appointments of Gary Davidson, John Soper and Joe Rielly to the District Board of the Red Hawk Canyon Community Facilities District No. 2 Discussion: Pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement of Red Hawk Canyon, the District Manager for the Red Hawk Canyon Community Facililties District No. 2 is petitioning the Council to approve the re-appointments of Gary Davidson, John Soper and Joe Rielly. These board members' terms are set to expire in January, 2011. ATTACHMENTS: Name: Description: Type: D Red_Hawk Reso re- appts.DOC Red Hawk Canyon CFD reappointments Resolution Staff Recommendation: Staff recommends adoption of Resolution No. 2010-117, approving the District Manager's re- appointments. Suggested Motion: I move to adopt Resolution No. 2010-117, approving and authorizing the re-appointments of Gary Davidson, John Soper and Joe Rielly to the District Board of the Red Hawk Canyon Community Facilities District No. 2. Regular Council Meeting -December 7, 2010 -Page 107 of 128 MARANA RESOLUTION N0.2010-117 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING AND AUTHORIZING THE RE-APPOINTMENTS OF GARY DAVIDSON, JOHN SOPER AND JOE RIELLY TO THE BOARD OF DIRECTORS OF RED HAWK CANYON COMMUNITY FACILITIES DISTRICT N0.2 WHEREAS THE Town Council, upon forming the Red Hawk Canyon I & II and Dove Mountain Community Facilities districts appointed the initial board of directors; and WHEREAS the Town Council is responsible for subsequent appointments to the board of directors; and WHEREAS the three directors of Red Hawk Canyon Community Facilities District No. 2 have terms which will expire in January 201 l; and WHEREAS the developer, through the CFD's district manager, has petitioned the Council to re-appoint Gary Davidson, John Soper and Joe Rielly to additional four-year terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Gary Davidson, John Soper and Joe Rielly shall be reappointed to the board of directors of the Red Hawk Canyon Community Facilities District No. 2 for additional four-year terms. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7~' day of December, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 7, 2010 -Page 108 of 128 ~~~~ ~! ~~,.~ ~~~t~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From: Gilbert Davidson ,Town Manager Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-118: Relating to the Police Department; appointing Terry Rozema as Chief of Police of the Marana Police Department Discussion: Upon completion of a successful national executive search process, the Town Manager is recommending the appointment of Terry Rozema as the next Town of Marana Chief of Police. Mr. Rozema has extensive experience in law enforcement, including more than 23 years with the Tucson Police Department where he rose through the ranks to his most recent assignment as an Assistant Chief for the Support Services Division, overseeing SWAT, Traffic, Communications and other areas. Mr. Rozema holds a bachelor's degree from Calvin College and is currently enrolled at the FBI National Academy. He is scheduled to graduate December 10, 2010. He has also completed the Senior. Management Institute for Police in Boston. Mr. Rozema is expected to start employment with the Town on January 3, 2011, at a starting annual salary of $127,500. He will be afforded all of the normal and customary employee benefits associated with Town employment, including town-subsidized medical, dental, life, vision and short-term disability plans, access to the Town's provided EAP program, flexible spending account, personal leave and holidays. Mr. Rozema will be issued a uniform as needed and will receive an annual $600 uniform allowance in addition to other equipment normally assigned to the Chief of Police, including a service weapon, radio, protective vest, cell phone and take-home vehicle. ATTACHMENTS: Name: Description: Type: O Reso_appointment of Rozema_as Chef (000241_i_4).DOC... Resolution Resolution Staff Recommendation: Staff recommends the appointment of Terry Rozema as the Town of Marana Chief of Police. Suggested Motion: I move to adopt Resolution No. 2010-118, appointing Terry Rozema as Chief of Police of the Marana Police Department. Regular Council Meeting -December 7, 2010 -Page 109 of 128 MARANA RESOLUTION N0.2010-118 RELATING TO THE POLICE DEPARTMENT; APPOINTING TERRY ROZEMA AS CHIEF OF POLICE OF THE MARANA POLICE DEPARTMENT WHEREAS Marana Town Code Section 4-1-2 provides that the chief of police of the Marana Police Department shall be appointed by the Town Council upon the recommendation of the Town Manager; and WHEREAS the Town conducted a national search for chief of police and received over 90 applicants for the position; and WHEREAS Terry Rozema has been a Marana resident for more than 20 years and has been with the Tucson Police Department since 1987, currently serving as assistant chief over the support services division; and WHEREAS the Town Manager recommends that Terry Rozema be appointed to the position of chief of police of the Marana Police Department; and WHEREAS the Town Council finds that the appointment of Terry Rozema as chief of police of the Marana Police Department is in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Terry Rozema is hereby appointed chief of police of the Marana Police Department. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of December, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 7, 2010 -Page 110 of 128 {00024114.DOC /} '-~=~"~ ~~~~ ~,/ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item A 2 From: Jocelyn Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: Embedded within the five goals of the Strategic Plan is the underlying need to create and sustain partnerships with neighboring municipalities which can support and help guide the vision of the Strategic Plan. Subject: Resolution No. 2010-119: Relating to Mayor and Council; scheduling a January 12, 2011, joint study session with the Oro Valley Town Council Discussion: Regional cooperation is integral to planning for economic recovery and regeneration of all communities. To stimulate discussion for responsible planning in northwest Pima County, the town councils of Marana and Oro Valley have expressed a desire to meet together and explore opportunities for partnership. Prime issues for both Marana and Oro Valley are water, tourism and marketing, and the Tangerine Corridor. January 11 and January 25 had been discussed as possible dates for a joint study session to be held at the Marana Municipal Complex. However, due to a scheduling conflict, the Town of Oro Valley has requested that the meeting be held on Wednesday, January 12, 2011. ATTACHMENTS: Name: Description: Type: O Reso_scheduing_January_12 2011Jont_session_with_OV_ (00024066-2).DOC Resolution Resolution Staff Recommendation: Staff recommends Council approval for a joint study session with the Oro Valley Town Council on Wednesday, January 12, 2011, beginning at 6:00 p.m. in the Marana Council Chambers. Suggested Motion: I move to adopt Resolution No. 2010-119, scheduling Wednesday, January 12, 2011, as the meeting date for a joint study session with the Oro Valley Town Council. Regular Council Meeting -December 7, 2010 -Page 111 of 128 MARANA RESOLUTION NO. 2010-119 RELATING TO MAYOR AND COUNCIL; SCHEDULING A JANUARY 12, 2011 JOINT STUDY SESSION WITH THE ORO VALLEY TOWN COUNCIL WHEREAS regional cooperation is integral to planning for economic recovery and regeneration of all communities; and WHEREAS the Town Councils of Marana and Oro Valley have indicated their desire to explore opportunities for partnerships affecting their communities in northwest Pima County; and WHEREAS the Marana and Oro Valley Town Councils are available to meet on January 12, 2011, at the Marana Council Chambers; and WHEREAS the Marana Town Council finds that scheduling a January 12, 2011 joint study session with the Oro Valley Town Council is in the best interests of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, that a joint study session with the Oro Valley Town Council is scheduled for January 12, 2011, at the Marana Council Chambers. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of December, 2010. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 7, 2010 -Page 112 of 128 {00024066.DOC /} ~~ w ~~~ '~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM . ~~w .... To: Mayor and Council Item A 3 From: Kevin Kish ,General Manager Development Services Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: Resolution No. 2010-120: Relating to Land Development; adopting the "Marana 2010 General Plan" and calling a special election to be conducted in conjunction with the anticipated general election to be held May 17, 2011, for voter ratification of the new general plan as required by state law Discussion: The Planning Commission held public hearings on November 10th and 17, 2010, to discuss the proposed Marana 2010 General Plan. The Planning Commission recommended approval of the Plan to the Town Council by a vote of 6-1 (Commissioner Jeffrey Adragna dissented). The last general plan update to be ratified was in 2003. The 2003 General Plan included requirements set forth by Smart Growth legislation that required counties, cities and towns to update their general plans by public ratification every ten years. The present General Plan, adopted in 2007, was afive-year update to the 2003 General Plan and did not require public ratification for approval. Public Participation Another requirement of the Smart Growth legislation is the formal adoption of a Public Participation Plan. The Plan is intended to guide Marana's approach in planning and providing communication to those who want to be involved in the decision making process to develop a General Plan which the community (as a whole) will approve. Developed by staff early this year, the Plan was adopted by Mayor and Council in January 2010 by Resolution 2010-010, incorporated in the Marana 2010 General Plan as an appendix item. Key strategies of the 2010 General Plan Public Participation Plan include extensive community engagement and public involvement opportunities, including stakeholder interviews, a comprehensive website, numerous press releases and pubic hearings. Public Outreach and Engagement Public outreach included focus group meetings with groups from mining, agriculture and ranching, the development industry (including Southern Arizona Home Builders Association), utility companies, the Marana Chamber of Commerce, and the Metropolitan Pima Regular Council Meeting -December 7, 2010 -Page 113 of 128 Alliance. Several meetings have also been held with the Habitat Conservation Plan (HCP) Stakeholders Working Group, the HCP Technical Biology Team and the Town's Business & Economic Development Advisory Commission, Affordable Housing Advisory Commission, and Parks and Recreation Advisory Commission. General Plan information was sent to homeowner associations within the town for publication in their newsletters and to advertise public open houses. The Marana 2010 General Plan website is comprehensive and proactive, maintained with up-to-date information, and offers the public a comment box for direct feedback to Town staff. 60 Day Public Review -August 20th to October I8th Town staff solicited comments and distributed drafts of the Marana 2010 General Plan in a number of ways. Electronic and hard copy letters were sent to individuals, agencies, jurisdictions and groups identified in the Public Participation Plan as well as those individuals that indicated they wanted to be notified of any new information pertaining to the General Plan. Approximately 25 electronic copies and 50 hard copies of the draft plan were distributed. The draft plan was also made available online. Anyone asking for a copy was provided with a draft. Opportunities to comment were varied and occurred at meetings, online, by e-mail, written, or by phone. Appropriate comments have been incorporated into the General Plan. The Marana 2010 General Plan The General Plan contains 10 sections: (1) an introduction, (2) strategic vision and overriding principles, (3) themes and elements, (4) plan administration, and (5) the five themes (Sections 5 through 9), and an appendix (Section 10). Marana's general plan is intended to be a living document that provides policy direction to guide future development. The plan is essentially a roadmap for achieving the community's future vision by establishing the overall context within which decisions are made. This general plan document is structured so that the reader begins with a snapshot of the future at the broadest level, focusing on the General Plan's Strategic Vision. The document drills down to the details of how that vision will be attained through the identification of Overriding Principles and five major Themes. The plan. document concludes with specific policies, strategies and action items for each of the 14 elements associated with one of the five major Theme areas. Element Goals and Policies The General Plan is divided into several interrelated categories, referred to as "elements". Municipalities with populations under 50,000 (like Marana) are mandated to address seven required plan "elements" in their general plan. Each element describes the strategies and policies a local jurisdiction will employ to manage growth and development, guide change, and leverage opportunities. Marana has opted to include seven "optional elements" in its 2010 General Plan, in addition to the seven required elements. The Theme's section below describes which element (s) are required and which are optional. Quality of Life and Themes Quality of life is an Overriding Principle of the Marana 2010 General Plan and drives the theming of the General Plan. The Marana Quality of Life Wheel identifies five themes as key ingredients for determining quality of life. These include: 1. Land Management 2. Built Environment 3. People and Community 4. Resource Management Regular Council Meeting -December 7, 2010 -Page 114 of 128 5. Natural Systems The Wheel reminds us that the inter-relationships between natural systems, social systems, and human aspirations must be addressed in our planning process to create policies and strategies that actually support a desired quality of life. The Marana Quality of Life Wheel illustrates the relationship between quality of life and the interconnectivity of the themes. The Themes Land Management Theme The Land Management Theme includes topics related to how Marana plans to use the land (Land Use), and where Marana expects future growth to occur. Land Use and Growth Elements are required to be in every Arizona general plan and are traditionally separated as stand alone elements. The Marana 2010 General Plan combines land use and growth into the Land Management Theme. The strategies, policies, and action items in this theme are intended to move the town to a focused and purposeful management of land use decisions, with clear and systematic decision making tools. Together, the land use recommendations and guidelines promote efficient growth and revitalization that will enhance the quality of life for both existing and future residents of Marana. The discussion of land use and growth and how it relates to the Overriding Principles of Quality of Life, sustainability and linkages is imperative if we are to make wise land use decisions and investments in public infrastructure. Built Environment Theme The Built Environment Group Theme addresses man-made structures built on the land. The term "built environment" is used to describe all structures, facilities and other physical infrastructure. The Built Environment includes urban and rural development, telecommunications, utility networks, transportation systems, sewer treatment and conveyance systems, water treatment and conveyance systems, dams, and flood control structures. The term "environment" implies that the built environment is more than just the physical resources on land. The built environment represents the relationships between people, communities, and physical resources. Elements included in the Built Environment Theme include: Transportation, Housing, Public Facilities and Cost of Development. Transportation and Cost of Development are required to be in General Plans for towns of our size. People and Community Theme Marana values its citizens, businesses and visitors and strives to create a high quality of life. T he elements within this theme ensure that citizen, business and visitor needs are being addressed equally, regardless of physical health status, social and economic conditions. Elements within this theme are fundamental in meeting the Overriding Principle of Quality of Life and include: public safety, parks and recreation, economic vitality and community involvement. All of the elements contained in this theme are optional elements. Resource Management Theme The Resource Management Theme provides guidance in managing Marana's renewable and non- renewable resources. Elements in the Resource Management Theme include: Open Space and Trails, Cultural Resources, Water Resources and Energy. The 2010 General Plan considers open space, trails and cultural resources finite and non-renewable. Water is a finite resource and energy is regarded as a renewable resource. Both the Open Space and Trails, and Water Element are required general plan elements. Regular Council Meeting -December 7, 2010 -Page 115 of 128 Natural Systems Theme The Natural Systems Theme refers to the natural resources within the environment that tie us to the earth, and which we rely upon to exist -land, air, water. When these natural resources are kept healthy, they are able to support living biological systems. While land, air and water certainly does not identify all the natural systems within a community; it identifies those that are fundamentally related to the environment of every community, affecting what services are provided, and how those services are structured. Marana recognizes that the continued protection, and conservation of these natural resources is necessary to maintain our quality of life and the sustainability of the environment and our community. This theme establishes policies to achieve acceptable standards of management and practice under the guidance of the Marana Draft Habitat Conservation Plan (HCP). The items contained within the Natural Systems Theme are required to be a part of a municipality's general plan. Land, air and water constitute Marana's environment and is required to be in the General Plan. Financial Impact: None. ATTACHMENTS: Name: Description: Type: ~ Final G_P__Resolution.doc Resolution Adopting Marana 2010 General Plan Resolution Staff Recommendation: Staff recommends approval of Marana Case number GPA-10034, approving the Marana 2010 General Plan major amendment. Commission Recommendation - if applicable: The Planning Commission recommends approval (vote 6-1 Commissioner Adragna dissenting) for Marana Case number GPA-10034, approving the Marana 2010 General Plan major amendment . Suggested Motion: I move to adopt Resolution No. 2010-120, adopting the "Marana 2010 General Plan" and calling a special election to be conducted in conjunction with the anticipated general election to be held May 17, 2011, for voter ratification of the new general plan as required by state law. Regular Council Meeting -December 7, 2010 -Page 116 of 128 MARANA RESOLUTION N0.2010-120 RELATING TO LAND DEVELOPMENT; ADOPTING THE "MARANA 2010 GENERAL PLAN" AND CALLING A SPECIAL ELECTION TO BE CONDUCTED IN CONJUNCTION WITH THE ANTICIPATED GENERAL ELECTION TO BE HELD MAY 17, 2011, FOR VOTER RATIFICATION OF THE NEW GENERAL PLAN AS REQUIIZED BY STATE LAW WHEREAS, on November 5, 2002, the Mayor and Council of the Town of Marana ("Town Council")approved the Town of Marana General Plan 2002 (the "General Plan 2002") which General Plan 2002 was subsequently ratified by the qualified electors of Marana on March 11, 2003; and WHEREAS, the Town of Marana is required to adopt a new general plan at least every ten years in accordance with the goals and requirements contained in the ARI Z .REV . STAT. § 9-461.05 et seq., as amended (the "Applicable Law"); and WHEREAS, the proposed new Town of Marana 2010 General Plan includes all of the elements and information that is required to be included in a general plan for the Town pursuant to the Applicable Law; and WHEREAS, the Town has consulted with, advised and provided an opportunity for official comment by public officials, public agencies, civic organizations, professional organizations, property owners and citizens, as required by the Applicable Law; and WHEREAS, the Marana 2010 General Plan was placed on the Town's web site and made available for public review on or before August 18, 2010; and WHEREAS, public open houses were held on August 19th, 25th and 26th at various locations in the Town of Marana to inform the public of the Marana 2010 General Plan; and WHEREAS, the Town Council and Commission held a joint work study session to review the Marana 2010 General Plan on October 19, 2010; and WHEREAS, notice of public hearings on the Marana 2010 General Plan by the Town Council were published in the Daily Territorial, on October 26, 2010 (for the November 10th and November 17th Commission hearings), and on November 22, 2010 for the Town Council meeting; and Regular Council Meeting -December 7, 2010 -Page 117 of 128 Marana Resolution No. 2010-120 - 1 - WHEREAS, public hearings regarding the Marana 2010 General Plan were held by the Commission on November lOt" and November 17~', 2010, and by the Town Council on December 7, 2010 to obtain input on said plan, and believes that the adoption of the Marana General Plan is in the best interest of the citizens of the Town of Marana, Arizona. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: voters. SECTION 1. The Marana 2010 General Plan is hereby adopted, subject to ratification by the SECTION 2. The Marana 2010 General Plan shall be submitted for ratification to the qualified electors of the Town of Marana and a Special Election is hereby called for the purpose of such ratification, which Special Election shall be conducted in conjunction with the anticipated General Election to be held on May 17, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 71'' day of December 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regull~~~~~~~i~oD~r~rn~~r 7, 2010 -Page 118 of 128 _ 2 _ ~ N ~~~~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Heritage, Progress and Innovation Strategic Plan Focus Area -Additional Information: The Marana Strategic Plan, under the Heritage and Progress & Innovation focus areas, contains multiple references to recognizing community achievement through awards programs. Subject: Resolution No. 2010-121: Presentation: Relating to Heritage; creating the Ora Mae Harn Crystal Legacy Award for exemplary volunteer service to the Marana community Discussion: At the request of Council Member Clanagan, and the concurrence of Council, staff has prepared nomination and selection criteria for a volunteer award to recognize and commemorate the dedication and service of Ora Mae Harn to her community. The award will be given annually to an individual or business at the State of the Town address by a member of the selection committee. The selection committee will be comprised of one individual from each of the following: the Marana Chamber of Commerce, the Marana Food Bank, the Marana Health Center, the Marana Unified School District, the Western Heritage Committee, the Town of Marana, the Marana Heritage Conservancy, and each of the five citizen advisory commissions in the town (Police, Affordable Housing, Business & Economic Development, Utilities and Parks & Recreation). The town clerk will coordinate the selection committee and the first meeting of this group to brief them on the criteria. The nomination form will be posted on the town's website with links to the websites of the selection committee organizations. Paper copies will also be available at the Marana Municipal Complex, the Marana Operations Center and other designated locations. Nominees cannot nominate themselves, must be living, own a business or live in Marana, not be an elected official and not be a member of the selection committee. Nominees must meet five of the eight criteria for eligibility. The nomination criteria and the nomination form are attached for your review as is a rendering of the award piece. The award design is intended to reflect transparency with the crystal feature. The round shape or Regular Council Meeting -December 7, 2010 -Page 119 of 128 circle is a universal symbol of inclusion, focus, and unity -all qualities possessed by Ora Mae Harn. Financial Impact: The cost of the award is approximately $120.00, which includes the setup, proof, engraving and a factory gift box. ATTACHMENTS: Name: Description: Type: ~ Reso_Ora Mae_Harn_Crystal legacy Award.,_D.O.C Resolution Resolution ~ Ora Mae Harn critera_and_application,pdf Application & Criteria Backup Material O OMH Legacy_with_Photo,.J.P..G. Award Designs Backup Material ~ OM.H_Legacy Text OnIy.JPG Award Designs Backup Material Staff Recommendation: Staff requests Council direction to move forward with the Ora Mae Harn Crystal Legacy Award as presented. Suggested Motion: I move to adopt Resolution No. 2010-121, creating the Ora Mae Harn Crystal Legacy Award for exemplary volunteer service to the Marana community. Regular Council Meeting -December 7, 2010 -Page 120 of 128 MARANA RESOLUTION N0.2010-121 RELATING TO HERITAGE; CREATING THE ORA MAE HARN CRYSTAL LEGACY AWARD FOR EXEMPLARY VOLUNTEER SERVICE IN THE MARANA COMMUNITY and WHEREAS the Mayor and Council adopted Marana Strategic Plan on February 3, 2009; WHEREAS under the town's Strategic Plan, establishing a program or award to recognized significant community achievement is listed as an initiative; and WHEREAS the purpose of the Ora Mae Harn Crystal Legacy Award is to honor Ora Mae's dedication and service to the town of Marana by recognizing individuals or businesses that continue to promote her commitment to the ideals of the town and enhance its image through exemplary volunteer service. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Ora Mae Harn Crystal Legacy Award be established as follows: SECTION 1. A selection committee be composed of a member of the Marana Chamber of Commerce, the Marana Food Bank, the Marana Health Center, the Marana Western Heritage Committee, the Marana Unified School District and each of the five citizen advisory commissions (Police, Affordable Housing, Parks & Recreation, Utilities and Business & Economic Development). SECTION 2. Nominees cannot nominate themselves, must be living, own a business or live in Marana, not be an elected official and not be a member of the selection committee. SECTION 3. Selection will be based on the nominate fulfilling at least five of the eight criteria listed: a. Imagination and extraordinary effort in developing and/or sustaining creative solutions to community needs; b. Organization and direction of an activity of exceptional importance and complexity; c. Service in a leadership position and personal expertise that has enabled the town to contribute valuable service to the community; Regulq~~~~~~~~r 7, 2010 -Page 121 of 128 _ 1 _ d. Exemplifies the spirit of community service; e. Serves as a role model for others in the community; f. Inspires others to engage in volunteer service; g. Develops and fosters the virtues and skills of civic engagement and social responsibility; h. Performs works that has facilitated better understanding and made a significant improvement in human relations, social welfare and justice among diverse groups. SECTION 4. The award will be presented annually at the State of the Town address. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of December, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~~~~~~~~~r 7, 2010 -Page 122 of 128 _ 2 _ ORA MAE HARK CRYSTAL LEGACY AWARD Pu ose The purpose of the Ora Mae Harn Crystal Legacy Award is to honor Mrs. Horn's dedication and service to the Town of Marana by recognizing individuals or businesses that promote her commitment to the ideals of the town and enhance its image through exemplary volunteer service. Selection Committee The selection committee is composed of a member of the Marana Chamber of Commerce, the Marana Food Bank, the' Marana Health Center, the Marana Western Heritage Committee, The Marana Unifed School District and each of the five Citizen Advisory Commissions (Police, Affordable Housing, Parks & Recreation, Utilities and Business & Economic Development) in the town. Nomination Criteria Nominees cannot nominate themselves, must be living, .own a business or live in . Marano, not be an elected official and not be a member of the selection committee. Preference will be given to Marano residents or businesses. Selection is based on any, or all of the following criteria: ^ Imagination and extraordinary effort in developing and/or sustaining creative solutions to community needs ^ Organization and direction of an activity of exceptional importance and complexity ^ Service in a leadership position and personal expertise that has enabled the applicant to contribute valuable service to the community ^ Exemplifies the spirit of community service ^ Serves as a role model for others in the community ^ Inspires others to engage in volunteer service ^ Develops and fosters the virtues and skills of civic engagement and social responsibility. ^ Performs work that has facilitated better understanding and made a significant improvement in human relations, social welfare and justice among diverse .groups Nominations Nomination forms are available and can be submitted online at www.marana.com/town .clerk, or by calling the office of the Town Clerk at (520) 382-1999. Nominations far 2011 will be accepted through February 22, 2011. The Ora Mae Harn Crystal Legacy Award will be given at Marana's State of the Town address beginning in 2011. Regular Council Meeting -December 7, 2010 -Page 123 of 128 bra Mae Ham Cr~al L~ac~Awa~d 2616~P~ Page ! of 2 Regular Counal Mee mg - cz ber age 124 of 128 r-'r 2011 4RA MAE HARN CRYSTAL LEGACY AWARD l~lA-RANA "` ~%,/ 1 Last Name .~~ _._.___ ~~irst ~ M.I. Street Address _ _ ~~ ! ^ ____ _ Apartment/Unit # _ _^~ j City l State ZIP ~~. Phone ~ E-mail Address ~:=:;-; I certify that my answers are true and complete to the best of my ':, Signature ~' Date ,__ . rHarox You FoR FORM. to the ail to: Regular CounG~Ae ing~- DLC~e nbea~ 26T0~ =-Page 125 of 128 Page 2 of 2 ~'"f'~~ ~~ ~~~~ ~aa.R~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, December 7, 2010, 7:00:00 PM To: Mayor and Council Item D 2 From: Gilbert Davidson ,Town Manager Strategic Plan Focus Area: Not Applicable Subject: Legislative/Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative/intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -December 7, 2010 -Page 128 of 128