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Home My WebLink About05/01/2012 Council Agenda PacketaF OPP= MARANA =/ I rrratrt or manarm MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 1, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in ITALICS. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and /or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting - May 1, 2012 - Page 1 of 39 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, April 30, 2012, 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. Individuals addressing a meeting at the call to the public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the town's overhead projector /document reader. 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 Municipal Clerk's Week Proclamation Relating to support for Veterans MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent Regular Council Meeting - May 1, 2012 - Page 2 of 39 agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Resolution No. 2012 -24: Relating to Economic Development; Supporting the F -35 Lightning II Fighter for the United States Air Force and Air National Guard to be based at Luke AFB and Tucson International Airport (Curt Woody) C 2: Resolution No. 2012 -25: Relating to Personnel; approving and authorizing staff to implement employee benefit rates for fiscal year 2012 -2013 (Suzanne Machain) C 3: Minutes of the April 17, 2012 regular meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Relating to Intergovernmental Relations: Agreement with the State Cartographers Office for location of a base station. (Carl Drescher) D 2: Relating to the Police Department; discussion, consideration and possible action regarding Section 4 -1 -8 of the Marana Town Code, entitled "Public safety employee - employer relations; meet and confer" (Suzanne Machain) D 3: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation government actions and on recent and upcoming meetings of other governmental 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), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County /Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 1103 81; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. 020116094; and (3) 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 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 Regular Council Meeting - May 1, 2012 - Page 3 of 39 for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2 -4, Section 2 -4 -2 B) ADJOURNMENT Regular Council Meeting - May 1, 2012 - Page 4 of 39 i MARANA rnmw flr m+wi-% r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 1, 2012, 7:00 PM To: Mayor and Council Item 1 From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Not Applicable Subject: Municipal Clerk's Week Proclamation Discussion: ATTACHMENTS: Name: Description: Type: D PROCLAMATION - Municial Clerks Week.doc Municipal Clerks Week Proclamation Cover Memo Staff Recommendation: Suggested Motion: Regular Council Meeting - May 1, 2012 - Page 5 of 39 PROCLAMATION WHERAS, the Office of the Municipal Clerk is the longest standing among public servants; and WHERAS, the Town Clerk's Office is entrusted with preserving a true recording for the Town Council as well as Town business; and WHERAS, the Town Clerk's Office provides the link between citizens and the local governing body; and WHERAS, the Town Clerk's Office is always mindful of its neutrality and impartiality, acting as the information hub for the Town and citizens; and WHERAS, the Office of the Municipal Clerk continually strives to improve the administration of its affairs; and WHERAS, it is highly appropriate that we recognize the accomplishments of our Town Clerk's Office NOW, THEREFORE, the Mayor and council of the Town of Marana proclaim and recognize the week of April 29 through May 5, 2012 Municipal Clerks Week And further extend our deepest appreciation to our Municipal Clerk Jocelyn C. Bronson and her staff for the vital services they provide the Town and citizens. We honor her Office this week. DATED this 1 St day of May, 2012. C Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk Regular Council Meeting - May 1, 2012 - Page 6 of 39 i MARANA rnw v flr w+wi-% r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 1, 2012, 7:00 PM To: From: Mayor and Council Jocelyn Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to support for Veterans Item 2 Discussion: ATTACHMENTS: Name: 0 2011 Veterans Support 2 .doc Description: Support for Veterans Proclamation Staff Recommendation: Suggested Motion: Type: Backup Material Regular Council Meeting - May 1, 2012 - Page 7 of 39 PROCLAMATION Support for Veterans WHEREAS Marana welcomes and supports veterans; and WHEREAS the community honors veterans on special occasions such as Memorial Day and Veterans Day; and WHEREAS it is also important to foster community support on a daily basis for returning veterans who seek gainful employment; and WHEREAS non - governmental organizations do much in helping veterans who have honorably served their country and continue to serve and inspire their fellow neighbors and community; and WHEREAS veterans who take advantage of opportunities for employment, learning and participation in their own well -being through the encouragement of businesses in the community, benefit themselves and Marana. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Marana hereby calls upon businesses within the Marana community to reach out through the Marana Chamber of Commerce and other employer organizations to show their support for our veterans and assist returning veterans and family members of veterans by expanding their activities throughout the community, provide retail and service discounts, hire and re -hire veterans, and generally assist veterans in readjusting to community life. DATED this 1 St day of May, 2012. ,�Y Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk Regular Council Meeting - May 1, 2012 - Page 8 of 39 i MARANA rnmw flr m+wi-% r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 1, 2012, 7:00 PM To: Mayor and Council Item C 1 From: Curt Woody, Economic Development /Strategic Initiatives Manager Strategic Plan Focus Area: Commerce Strategic Plan Focus Area - Additional Information: The goal of the Commerce Focus Area is to retain and attract career oriented commerce and creating a range of high quality employment opportunities. The F -35 project should bring future growth to the Town of Marana. Subject: Resolution No. 2012 -24: Relating to Economic Development; Supporting the F -35 Lightning II Fighter for the United States Air Force and Air National Guard to be based at Luke AFB and Tucson International Airport Discussion: ATTACHMENTS: Name: Description: Type: ❑ Resolution Supporting F35.doc F -35 Resolution Backup Material Staff Recommendation: Suggested Motion: I move to adopt Resolution 2012 -24 supporting the F -35 Lightning II Fighter for the United States Air Force and Air National Guard to be based at Luke AFB and Tucson International Airport. Regular Council Meeting - May 1, 2012 - Page 9 of 39 MARANA RESOLUTION NO, 2012- 24 RELATING TO ECONOMIC DEVELOPMENT; SUPPORTING THE F-35 LIGHTNING II FIGHTER FOR THE UNITED STATES AIR FORCE AND AIR NATIONAL GUARD TO BE BASED AT LUKE AFB AND TUCSON INTERNATIONAL AIRPORT. WHEREAS the United States Air Force is pursuing plans to base the F-35 fighter and its support operations at Luke AFB and Tucson's 162 Fighter Wing Air National Guard Station at Tucson International Airport; and WHEREAS the Town Council finds that basing the F-35 and its support operations at Luke AFB and TIA will provide significant economic development benefits to nearby communities, including the Town of Marana, and particularly those businesses in Marana that support the military and aerospace defense industries. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town of Marana hereby supports the 162 Fighter Wing and the F -35 operations because of the economic impact it would bring to Southern Arizona by infusing at least $180 million in support and 1,800 to 2,000 new jobs. The Town of Marana supports the State of Arizona's desire to support military installations like Luke AFB and Davis Monthan AFB because of the economic impact they have on our communities, and authorizes Town staff to take reasonable actions to support the project. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of May, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Reg ul �4 , araa ges'oluitonO 2012 - Page 10 of 39 i MARANA rnmw flr m+wi-% r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 1, 2012, 7:00 PM To: Mayor and Council From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Progress and Innovation Strategic Plan Focus Area - Additional Information: Maintaining a comprehensive employee benefits package. Item C 2 Subject: Resolution No. 2012 -25: Relating to Personnel; approving and authorizing staff to implement employee benefit rates for fiscal year 2012 -2013 Discussion: The purpose of this item is to request the Council's approval of employee benefits rates for fiscal year 2012 -2013 for medical, dental, life /accidental death and disability, and short -term disability insurances. Open enrollment is scheduled for May 14 - June 1, 2012. This is the time that employees may make changes to their benefits selections without a "qualifying event." Council approval of employee contribution rates prior to formal adoption of the fiscal year 2012 -2013 budget is necessary for open enrollment to proceed as scheduled. The changes presented this evening are a result of working with the Town's benefits consultant (Gallagher Benefit Services, Inc.) to negotiate all health related employee benefits. In addition, outreach efforts to all employees, with a survey and continuing input from both the benefits and wellness committee members, assisted in designing a plan that aligns with our goals of financial sustainability, maintaining a competitive benefits plan and meeting our employees' benefits needs. Health Insurance The initial renewal rate proposed by the Town's current medical health provider, CIGNA, was at an increase of 30 %. However, due to the efforts of the Town and the benefits consultant in negotiating and presenting plan design changes, the revised renewal rate increase for CIGNA is 23 %. Health insurance rates decreased by 10% in fiscal year 2010 -2011 as a direct result of a competitive bid process which occurred in the spring of 2010. The cost - sharing formula between employees and the Town remained the same and both shared in the 10% reduction in fiscal year 2010 -2011. This past year, the Town and employees shared a 7.9% increase to medical. Additionally, the Town fully absorbed the dental increase of 17.9% last year. Regular Council Meeting - May 1, 2012 - Page 11 of 39 For fiscal year 2012 -2013, staff is recommending that the cost - sharing formula be restructured to better reflect current utilization and provide for future financial sustainability. This recommendation will require both the Town and employees to share in the increased cost. The total annual increase for health insurance is expected to be $625,390 with the Town absorbing $403,470 of that increase. The employee impact will range from (minus) -$3.79 to $41.17 per pay check or (minus) - $98.54 to $1,070.42 per year depending on the plan and tier selected. The overall cost sharing formula has been adjusted to reflect utilization and supports a fiscally sustainable model. The employer cost share of this health benefit will range from 76% to 98 %, depending on the plan tier choices employees make. Dental Insurance Dental insurance renewal rates increased for both the EDS (3 %) and Delta Dental (2 %) plans. The increase for Delta Dental is attributable to increased utilization levels. Employees will experience minimum increases which will range from $0.20 to $2.41 per check depending on the plan and tier selected. The overall employer cost share has been adjusted to reflect utilization and to support a fiscally sustainable model. The employer share of the dental benefit ranges from 76% to 88% for both plans. All Other Benefits Life, accidental death and disability and short -term disability (base plan) remain 100% employer covered and the coverages will remain the same for fiscal year 2012 -2013. Additionally, there is no increase to the employer provided EAP program. Financial Impact: The overall financial impact of these changes is estimated to be $628,390. Of that amount, $406,470 or 65% of that increase will be absorbed by the Town and will be incorporated within the Manager's recommended budget. ATTACHMENTS: Name: Description: Type: ❑ Employee Benefits Resolution.doc Resolution Backup Material ❑ ToM 2012 Renewal and Contribution Rates April 26.pdf Town of Marana FY2013 Benefit Rates Exhibit Staff Recommendation: Staff recommends approval of the employee benefits rates for fiscal year 2012 -2013. Suggested Motion: I move to adopt Resolution No. 2012 -25, approving and authorizing staff to implement employee benefits rates for fiscal year 2012 -2013. Regular Council Meeting - May 1, 2012 - Page 12 of 39 MARANA RESOLUTION NO. 2012-25 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING STAFF TO IMPLEMENT EMPLOYEE BENEFIT RATES FOR FISCAL YEAR 2012 -2013. WHEREAS the Town of Marana through its governing body, desires to provide benefits to eligible employees of the Town, including medical, dental, life /accidental death and disability and short -term disability insurances and a flexible spending program; and WHEREAS the rates for these employee benefits will be included in the proposed fiscal year 2012 -2013 operating budget, but must be approved prior to budget adoption in order to be available for the open enrollment process. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the employee benefit rates included in the chart attached to and incorporated by this reference in this resolution as Exhibit A for fiscal year 2012 -2013. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the employee benefit rates in Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of May, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Reg ul �4 , araa ges'oluitonO 2012 - Page 13 of 39 Exhibit A Gallag Benefit Services, Inc. t h i n k i n g a h e a d Town of M r na Rates and contributions April 26, 2012 Regular Council Meeting - May 1, 2012 - Page 14 of 39 Page 1 of 4 Exhibit A Renewal - Annual costs Galla Benefit Services, Inc. Regular Council Meeting - May 1, 2012 - Page 15 of 39 Page 2 of 4 Chan - Total Chan to Town Chan b Emplo -� W 1 vW Fr CIGNA 100 285 $2 $2 $451 $3 $2 $664 $592 22.6% $379 17.5% $212 47.2% C IGNA 750 20 $142 $124 $18,120 $171,340 $153,120 $18,220 $28,490 19.9% $28,390 22.8% $100 0.6% Sub Total 305 $2 $2,287 $469,630 $3,377,590 $2,694,950 $682 $620,500 22.5% $407 17.8% $213,010 45.4% M Delta PPO 225 $203 $166 $37 $207 $163 $44 $4 2.0% - $3 -1.9% $7 19.3% EDS 113 $28 $24 $4 $29 $23 $6 $850 3.0% -$860 -3.6% $1 38.7% Sub Total 338 $232 $190 $41,710 $237,300 $186,670 $50 $4,890 2.1% - $4,020 -2.1% $8,920 21.4% Total Medical and Dental $2 $2,478,150 $511,340 $3,614,890 $2,881,620 $733 $625 20.9% $403,470 16.3% $221,930 43.4% Lif and 6 .W Basic Life $25,000 $25,000 $0 $28,000 $28,000 $0 $3,000 12.0% $3,000 12.0% $0 0.0% AD &D $6,000 $6,000 $0 $6 $6,000 $0 $0 0.0% $0 0.0% $0 0.0% Dependent Life $3 $3 $0 $3 $3 $0 $0 0.0% $0 0.0% $0 0.0% Long Term Disability $20 $20 $0 $20 $20 $0 $0 0.0% $0 0.0% $0 0.0% Core STD $65,000 $65,000 $0 $65,000 $65 $0 $0 0.0% $0 0.0% $0 0.0% COBRA 338 $3 $3 $0 $3 $3 $0 $0 0.0% $0 0.0% $0 0.0% FSA 107 $6 $6 $0 $6 $6 $0 $0 0.0% $0 0.0% $0 0.0% EAP 338 $11,000 $11,000 $0 $11,000 $11 $0 $0 0.0% $0 0.0% $0 0.0% Total $3,128,500 $2,617,150 $511,340 $3,756 $3,023,620 $733,270 $628,390 20.1% $406 15.5% $221,930 43.4% Galla Benefit Services, Inc. Regular Council Meeting - May 1, 2012 - Page 15 of 39 Page 2 of 4 Exhibit A Contributions - Shared plans (per pay period) Ita Dental Employee Only 75 $16.50 % increase 2.0% Emplo $ $14.88 $14.81 Per 26 pa periods 35 $35.75 tom Current $7.11 $8.39 $28.64 $28.08 CIGNA.Plan $100 (new Copper) $33.00 $33.66 2.0% $6.53 $6.73 $26.47 $26.93 Employee Only 109 $184.59 $226.40 22.6% $9.23 $27.17 $175.36 $199.23 Employee +Spouse 39 $387.64 $475.43 22.6% $69.78 $109.35 $317.87 $366.08 Employee + Child(ren) 52 $350.73 $430.16 22.6% $63.13 $86.03 $287.60 $344.13 Employee +Family 85 $553.78 $679.18 22.6% $121.83 $163.00 $431.95 $516.18 Total 285 $9.78 $10.08 3.0% $1.56 $2.32 $8.22 $7.76 m Lei o I r � %l - Rom 0 J I M = rp, $11.32 $11.66 3.0% $2.04 $2.33 $9.28 $9.33 Employee Only 10 $155.64 $186.68 19.9% $0.00 $2.80 $155.64 $183.88 Employee +Spouse 4 $326.85 $392.04 19.9% $49.76 $49.01 $277.09 $343.04 Employee + Child(ren) 1 $295.72 $354.70 19.9% $45.02 $42.56 $250.70 $312.14 Employee +Family 5 $466.93 $560.06 19.9% $90.60 $86.81 $376.34 $473.25 Total 20 Ita Dental Employee Only 75 $16.50 $16.83 2.0% $1.62 $2.02 $14.88 $14.81 Employee +Spouse 35 $35.75 $36.46 2.0% $7.11 $8.39 $28.64 $28.08 Employee + Child(ren) 34 $33.00 $33.66 2.0% $6.53 $6.73 $26.47 $26.93 Employee +Family 81 $52.26 $53.29 2.0% $10.38 $12.79 $41.88 $40.50 Total 225 Employee Only 42 $5.15 $5.30 3.0% $0.00 $0.64 $5.15 $4.66 Employee +Spouse 20 $9.78 $10.08 3.0% $1.56 $2.32 $8.22 $7.76 Employee + Child(ren) 10 $11.32 $11.66 3.0% $2.04 $2.33 $9.28 $9.33 Employee +Family 41 $13.89 $14.31 3.0% $2.92 $3.43 $10.97 $10.87 Total 113 Regular Council Meeting - May 1, 2012 - Page 16 of 39 Gallagher Benefit Services, Inc. Page 3 of 4 Exhibit A Contributions —Town paid, or Employee paid Monthly Cost m p l oyer pa Basic Life (per $1,000) $0.150 AD &D (per $1,000) $0.030 Dependent Life (per dependent unit) $0.910 Long Term Disability (per $100 of payroll) $0.420 Core STD (per $10 weekly ben) $0.308 Discovery FSA � 107 � $4.50 EAP Jorgenson Brooks 338 $2.75 Monthly Contribution EE % Monthly $ Employee $ Town $ TOWN PAID Lives Rates Rates Contribution Contribution 26 periods 26 periods Discovery •:RA Buy -up STD (per $10 weekly ben) Supplemental Life (per $1,000), age banded 0 -24 25 -29 30 -34 35 -39 40 -44 45 -49 50 -54 55 -59 60 -64 65 -69 70 -74 $0.175 $0.080 $0.070 $0.090 $0.130 $0.190 $0.330 $0.560 $0.910 $1.220 $1.920 $3.380 >75 1 1 1 $5.640 Vision,,�mplo paid voluntar covera Employee Only $4.62 Employee +Spouse $9.14 Employee + Child(ren) $8.96 Employee +Family $13.6 Regular Council Meeting - May 1, 2012 - Page 17 of 39 Gallagher Benefit Services, Inc. Page 4 of 4 4 Gallagher Benefit Services, Inc. Page 4 of 4 MARANA REGULAR COUNCIL MEETING ADMINISTRATIVE SUMMARY MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 17, 2012, at or after 7:00 PM Ed Honea, Mayor -A#"q Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member,%, Roxanne Ziegler, Council Member MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson reported that the Council Executive Report is prepared and placed on the dais for Council. PRESENTATIONS Regular Council Meeting - May 1, 2012 - Page 181 3, 2012 Council Meeting Minutes 1 CONSENT AGENDA. Motion to approve items C 1 and C 3 by Council Member Post, second by Council Member Ziegler. Passed unanimously. C 1: Resolution No. 2012 -22: Relating to Development; approving a preliminary plat for Skyranch II Lots 1 -53 and Common Areas "A" (private streets) and "B" (open space) Regular Council Meeting - May 1, 2012 - Page 191 3, 2012 Council Meeting Minutes 2 plan comes through to change to a better use of the commercial aspects. Motion to approve by Council Member Kai, second by Council Member Post. Passed unanimously. ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Presentation: Relating to Finance; presentation, discussion and possible direction on proposed changes to the comprehensive fee schedule and other various rate and fee adjustments. Mr. Montague noted that no action is required by Council this evening. This is part of the annual budget review process with a broad overview and detailed schedules of proposed changes and explanations. He noted that this process was started in 2009. Some of the goals have to do with standardization as well as to keep pace with costs, statutes and fair and equitable fees. State statutes require 60 days' public notice of any fee changes. That notice was published March 16, 2012. Notification letters have gone out to SAHBA and MPS so that they will have an opportunity to comment. There are about 60 changes, about half of which are clarifications. There are some significant increases — some of which are related to the airport. There has been no significant adjustment in various airport fees, such as tie -downs and holding fees for a number of years. There are changes in Parks & Recreation fees and two decreases. There are some new fees and some have been completely eliminated. He clarified that most of the increases were to reflect actual cost of service. Council Member Bowen asked for clarification of the 26 new fees. Mr. Montague noted that some of the new fees are fees that were in place prior but have now been refined. Calculation sheets can be provided to Council to help understand some of the new fees. -At 1P NW D 2: Presentation: Relating to Budget; review, consideration and direction to staff regarding the fiscal year 2012 -2013 managers recommended budget for the General Fund. Mr. Davidson introduced this item, beginning with fiscal sustainability which will provide a structurally balanced budget for the tentative and the final budget moving forward. This budget reflects a true team effort from all levels of employees. They also tried to make sure to reflect the Strategic Plan priorities. Tonight's presentation will be to set the numbers for the foundation of the budget. He then turned the presentation over to Mr. Montague, who started with the Arizona economy. He discussed past numbers and decreases and increases due to the economy as well as conservative future projections. He also touched on strategies for recover due to changes at the state level as well as the local level. He noted that commercial development does seem to be moving slightly. Revenues have grown in the general fund by about $1 M which will be additional resources of one -time and ongoing investments. Gilbert Davidson then discussed the recovery planning and certain investments. Last year as we were coming out of the recession, we did include a number of new additional staff — there won't be as many proposed this year. Regular Council Meeting - May 1, 2012 - Page 201 3, 2012 Council Meeting Minutes 3 He started with employee investment. A two percent cost of living adjustment is proposed. The total impact to all town funds is $376K. The cost of living is to deal with inflationary issues as we have not been able to provide employee raises over the past four years, so this will help us catch up in that regard. Second, this will affect all classification of town employees. As we look at any positions that will be added in future years, we want to make sure we are competitive with other organizations. Anyone coming into the organization since January 1, 2012 will not receive a pay raise. And the Manager is not eligible for it. The second component is a one -time lump sum pay adjustmentiThere were two criteria for this. First was the actual pay level, addressing positions in the lower pay classifications. Anything less than $30K annually is going to qualify for the largest amount of one -time pay adjustment. They also wanted to reflect for longevity. So, if an employee had been with the town prior to June 2009 and made less than $30K, the employee with be eligible for a $600 payout in December. If an employee had been with the town for two years, the employee would be eligible for a $500 lump sum payout in December. If the employee had been with the town during the past year, he /she would be eligible for $400 lump sum payout in December. Using the same time periods, as the amount of income increases, the payouts are reduced. Anyone making over $100K is not eligible for a lump sum payout. The other components, including an array of benefits, have been reflected in the budget. There was a special equity adjustment for employees hired just before the recession. They also want to begin a comprehensive compensation and classification study to make sure the town pay structure is relevant and competitive with other municipalities. This will be a two -year process, and this is the first year of the process. %1h, 1- He confirmed that Council would be advised as projects are completed. The final piece is the strategic position investment. The positions will be for an inmate services coordinator, an airport manager, an inmate crew coordinator, a water operator and three wastewater positions for a total of Regular Council Meeting - May 1, 2012 - Page 21 Mil 3 2012 Council Meeting Minutes 4 $596,984. The goal is to train as many water staff as possible so there is redundancy amongst the two teams. Erik Montague then finished with an overview of the General Fund, contracting sales, taxes, the impact on reserves and the next steps in the budget process. He and Mr. Davidson then answered questions from Council. Council Member Bowen asked for an update on employee insurance education programs which Ms. Machain addressed. No action required. manner - by Council Member Post, second by Council Member McGorray. Passed unanimously. E 4: Executive session pursuant to A.R.S. § 38- 431.03(A)(3) and (4) for discussion or consultation with the Town's attorneys for legal advice and to consider the Town's position and instruct the Town's attorneys regarding the Town's position in contemplated litigation or in settlement discussions conducted in order to avoid litigation regarding the Town's denial of a sexually oriented business license application filed by Harris News, Inc. and John Coil Regular Council Meeting - May 1, 2012 - Page 221 3, 2012 Council Meeting Minutes 5 FUTURE AGENDA ITEMS. Request to place the Meet and Confer ordinance, with possible action, and request of the town management team, including the Chief of Police, to present options for Council consideration. Request supported by Council Members Post and Kai. The Mayor declared that this would be a future agenda item. 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) Jocelyn C. Bronson, Regular Council Meeting - May 1, 2012 - Page 231 3, 2012 Council Meeting Minutes 6 i MARANA rnmw flr m+wi-% r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 1, 2012, 7:00 PM To: Mayor and Council Item D 1 From: Carl Drescher, Technology Services Director Strategic Plan Focus Area: Progress and Innovation Strategic Plan Focus Area - Additional Information: This partnership effort with the Arizona State Carto rapher's Office will provide the Town with capabilities to modernize and improve Town GI mapping information. Subject: Relating to Intergovernmental Relations: Agreement with the State Cartographers Office for location of a base station. Discussion: Technology Services desires to partner with the Arizona State Cartographer's Office to establish a Town AZCORS (Arizona Continuously Operating Reference Station) site that would be located at the Senior Center. Under this partnership Arizona State Cartographer's Office agrees to provide the equipment, operate the base station and provide data dissemination and archive services. The Town agrees to allow the State to place their equipment at the Town Senior Center. Many critical State and Town activities require accurate mapping - homeland and border security, wildfire management, disaster response, flood control, subsidence monitoring, pipeline safety, highway construction, growth planning, and infrastructure management. In turn, modern digital maps require precise horizontal and vertical control to be most accurate. Creating a Continuously Operating Reference Station is a means to obtain this needed control and accuracy. This Reference Station will enhance the National Spatial Reference System (NSRS) through the use of Global Positioning System (GPS) technology. The NSRS is the national geodetic reference framework that includes information for each geodetic control monument in the United States and provides accurate knowledge about the size, shape, and position of our environment. Surveyors, GIS users, engineers, scientists, and the public at large that collect GPS data can use CORS data to improve the precision of their positions. Use of this site would provide enhanced GPS data coverage for all of the Town plus coverage up to and including Picacho Peak. Financial Impact: There is no financial impact to the Town. ATTACHMENTS: Name: Description: Type: 0 AZHMP GNSS Base Station Partnership Agreement.doc Base Station Agrement Cover Memo Regular Council Meeting - May 1, 2012 - Page 24 of 39 Staff Recommendation: Staff recommends approval of this partnership agreement. Suggested Motion: Motion to direct staff to work with the State Cartographer's office to establish a GPS base station at the Senior Center per the attached agreement. Regular Council Meeting - May 1, 2012 - Page 25 of 39 Arizona Height Modernization Program (AZHMP) GNSS Base Station Partnership Terms of Agreement Partner Agrees es to(Partner's name)_ 1. Provide a suitable environment (as defined below) for the AZHMP GNSS base station (herewith referred to as AZCORS) a. Continuous (i.e. 24/7) Internet connectivity; outages due to equipment failure, etc. are exempted. b. Secure from weather and theft; Partner is NOT liable for AZHMP equipment provided reasonable care is taken to provide security. c. An antenna location free from radio frequency interference and other signals that would degrade the quality of the GNSS signals. d. Continuous high quality power and suitable temperature control. 2. Retain the AZHMP equipment and not dispose of or excess said equipment; the AZHMP equipment is the property of the Arizona State Land Department. 3. Allow AZHMP access to the equipment for inventory or maintenance as required. 4. Host the AZCORS for a term of at least 3 years. 5. Monitor and inspect the condition of the equipment and report any deficiencies to AZHMP. 6. Notify AZHMP, with as much advance notice as possible, of any activities at the facility that would cause the AZCORS to be inoperative. AZHMP Agrees to: 1. Operate the AZCORS station providing, to the locale surrounding the Partner, via Internet Protocol a single base station RTK message stream(s) in mutually agreed upon format(s). 2. Log and distribute, via Internet web site, static data collected at Partner comprised of; a. Continuous (24/ 7) static data collected a rate of at least 15 seconds b. 10 Hz data collected during day light hours 3. Maintain and upgrade the AZCORS equipment as appropriate. 4. Provide software as required to operate the AZCORS and distribute AZCORS data. Termination of Agreement: Either party, AZHMP or the(Partner's name), can terminate this agreement with 60 days written notice to the other party. In the case of agreement termination, all equipment, software, ancillary equipment, etc. shall remain the property of the original owner. AZHMP equipment will be removed from the (Partner's name) property within 60 days of termination of the agreement. Gene Trobia Program Manager, AZHMP Date: Partner Partner Title Date: Regular Council Meeting - May 1, 2012 - Page 26 of 39 i MARANA rnmw flr m+wi-% r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 1, 2012, 7:00 PM To: Mayor and Council From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Item D 2 Subject: Relating to the � Police Department; discussion, consideration and possible action regarding Section 4 -1 -8 of the Marana Town Code, entitled Public safety employee - employer relations; meet and confer" Discussion: At the request of the Town Council, time is reserved at tonight's meeting to discuss and consider the Town's meet and confer ordinance. On March 20, 2007, the Town Council adopted Ordinance No. 2007.05, adding Section 4 -1- 8 to the Marana Town Code. This section, commonly known as the "meet and confer ordinance," establishes a formal procedure for communications between the Town and its public safety employees, through a designated public safety employee organization (currently the Marana Police Officers' Association (MPOA)). The ordinance allows for the parties, acting within an established framework, to enter into discussion to consider various matters relating to wages, hours, and working conditions. The results of these discussions are then to be captured within a memorandum of understanding (MOU) which must be approved by the Council. Public safety employees who are included in the designated public safety employee organization and, thus, covered by the MOU, are full -time, Arizona certified sworn police officers at the rank of officer and sergeant, police dispatchers, police property and evidence technicians and police records clerks. Incorporated within the ordinance are Council and Town management rights and obligations, public safety employee rights, a meet and confer process, qualification and recognition of designated public safety employee organization membership requirements, and prohibited activities. The current meet and confer process began in December of 2011 and has consisted so far of 12 meetings. Representing the Town during the process are the Del Post, Suzanne Machain, Ann Berkman, and Reuben Nunez. Representing the MPOA are Mario Williams, Tom Sommerville, and Laura Canney, who are all officers of the MPOA. The parties anticipate having a proposed MOU for Council review and action at the regular meeting schedule for June 5, 2012. Town Management and MPOA representatives have identified the need to improve and refine the current meet and confer process, and are requesting an opportunity to develop alternatives for a Regular Council Meeting - May 1, 2012 - Page 27 of 39 revised or different process. Ordinance 2007.05 is attached for Council review. Financial Impact: Any cost related to any existing or future MOU will be considered and included within the annual budget, as appropriate. ATTACHMENTS: Name: 0 Ordinance 2007.05 - _Meet and Confer.pdf Description: Meet and Confer Ordinance Type: Backup Material Staff Recommendation: Staff recommends that the Mayor and Council give direction to staff and the Marana Police Officers' Association to continue to strive to reach agreement on a new memorandum of understanding for the time period beginning July 1, 2012, and to further discuss and bring back to Council options to revise or replace the current meet and confer process. Suggested Motion: I move to direct staff to continue discussions with the Marana Police Officers' Association with the goal of reaching an agreement on a new memorandum of understanding for the time period beginning July 1, 2012, and to discuss with the MPOA options to revise or replace the current meet and confer process in the interest of collaboration between the Town and its public safety employees and bring back such options to the Council for consideration. Regular Council Meeting - May 1, 2012 - Page 28 of 39 F. ANN RODR I GUE Z RECORDER D DOCKET: 4 RE CORDED BY: LLK P °f �1 N PAGE DEPUTY RECORDER t ti , O MARANA ORDINANCE NO.2007.05 13017 3453 6 20070560754 03122/2007 16 :06 $ 8.50 RELATING TO THE POLICE DEPARTMENT; AMENDING TOWN CODE, TITLE 4, CHAPTER 4 -1, BY ADDING SECTION 4 -1 -8, ENTITLED "PUBLIC SAFETY EMPLOYEE - EMPLOYER RELATIONS; MEET AND CONFER"; AND DECLARING AN EMERGENCY. WHEREAS the Town has a fundamental interest in maintaining a harmonious and coop- erative relationship between the Town and its public safety employees; and WHEREAS, the Mayor and Council find that addition of Section 4 -1 -8 to Chapter 4 -1 of the Town Code is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. Title 4 of the Marana Town Code is hereby revised by adding Section 4 -1 -8 to Chapter 4 -1, as follows: Section 4 -1 -8 Public safety employee - employer relations; meet and confer A. Findings and _ purpose . The town has a fundamental interest in maintaining a harmonious and cooperative relationship between the town and its public safety employees. Establishment of a formal procedure for communications between the two can improve the operations of town government. This sec- tion is intended to allow the town and its public safety employees, acting within the established framework, to enter into discussions to consider various matters relating to wages, hours, and working conditions. B. Definitions For purposes of this section, the following definitions apply. 1. Designated public safety employee organization: The public safety em- ployee organization that has met the criteria for designation under this sec- tion and that is eligible to participate in the meet and confer process estab- lished by this section. 2. Memorandum of understanding: The written document approved by the council which incorporates the agreement resulting from the meet and con- fer process. 3. Public safety employees: Full -time, Arizona certified sworn police officers and sergeants, and police dispatchers, police property and evidence tech - nicians and police records clerks. Persons who are employed on a con- tract, temporary, or seasonal basis are not considered public safety em- ployees. Regular e��1 May 1, 2012 - Page 29 of 39 _ 1 _ 2/27/2047 11:49 AM J C. Council and town management; rights and obligations. 1. The council is the policymaking and legislative body of the town. None of its rights, duties and obligations, as set forth in this code, or otherwise estab- lished by law, shall be restricted by this section. 2. The town's ordinances, rules and regulations, administrative directives, de- partmental rules and regulations, and work place practices shall govern employee relations unless there is a specific conflict with the memorandum of understanding approved by the council pursuant to this section. Where a specific conflict exists, the memorandum of understanding shall govern. 3. By way of illustration and not limitation, the town has the express right: a. To determine the purpose of each of its departments, agencies, boards and commissions. b. To set standards of service to be offered to the public, and to exercise control and discretion over its organization and operations. c. To direct its employees, take disciplinary action, relieve its employees from duty because of lack of work or for other legitimate reasons, de- termine whether goods or services shall be made, purchased or con- tracted for, and determine the methods, means, and personnel by which the town's operations are to be conducted. d. To take all necessary actions to maintain uninterrupted service to the community. 4. The town manager may, at the manager's discretion or at the direction of the council, consult with the town's employees, or their authorized repre- sentatives, about the direct consequences that decisions on these matters may have on wages, hours, and working conditions. 5. It is the policy of the council that in matters involving employee relations not expressly covered by an approved memorandum of understanding be- tween the town and the public safety employee organization, decision - making authority shall rest with the town manager. D. Public safety em Io ees• ri hts. Public safety employees shall have the right: 1. To form, join and participate in any employee organization or to refrain from forming, joining or participating. 2. If they so choose, to be represented by the designated employee organiza- tion, to meet and confer through a designated employee organization with the town in the determination of wages, hours and working conditions, and to be represented in the determination of grievances. Glw 3. To represent themselves in grievance matters. E. Meet and confer scope ° 1. This meet and confer process includes the following matters: i; t 1� a. Salary or wage rates or other forms of direct monetary compensation �k and direct cost subjects. 4 b. Paid time off. c. Leaves of absence. Regular fo®gffjl4W i egg May 1, 2012 - Page 30 of 39 -2- 2/27/2007 11:09 AM .Ah d. Total hours of work required of an employee on each workday or work- week, including overtime, compensatory time, rest and meal periods. e. Personnel records review. f. Discussions with personnel by group representatives. g. Distribution of information. h. Meet and confer procedures. i. Procedure for employee grievances. j. Matters mutually agreed upon by the public safety employee organization and the town manager. 2. The following matters shall not be included in the meet and confer process: a. Employee discipline, hiring, discharging, promotions, demotions, trans- fers or suspensions. b. Any facet of the hiring, promotion or transfer of employees, the types of discipline or the grounds for demotion, discharge, suspension or disci- pline. F. Meet and confer process. 1. The designated public safety employee organization shall select three pub- lic safety employee members as its representatives. The representatives shall meet and confer with the three representatives designated by the town manager. 2. Representatives of the designated employee organizations shall meet and confer solely with the town manager or the manager's designated repre- sentatives. 3. on or before December 15 of any year in which meeting and conferring is authorized by this section or by any council- approved memorandum of un- derstanding, the designated public safety employee organization shall submit its proposal in writing to the town manager. The proposal shall be in a form that can be incorporated into a memorandum of understanding. Within 30 days, the representatives shall hold an initial meeting. At the ini- tial meeting, the parties shall identify the issues to be discussed and shall establish ground rules for negotiation, including a proposed schedule for meeting and conferring. 4. Unless otherwise provided by this section, during negotiations proposals shall remain confidential except that they shall be available to the town manager, the public safety employee organization representatives, the employees within the employee group and others as designated by the town manager. 5. The parties shall negotiate in good faith until an agreement is reached or until one party declares that the parties are at an impasse. The agreed upon issues shall be incorporated into a memorandum of understanding. If the parties are at an impasse regarding any matter, they shall also prepare and submit a separate, joint document listing the matters in dispute. The council shall consider the memorandum of understanding and the matters in dispute at a public meeting. The public safety employee organization and the town manager shall each be given an opportunity to state their po- i�j� C-1 Reg ulaqQ # (1i4*4D gJ- May 1, 2012 - Page 31 of 39 -3 - 2/27/2007 11:09 AM 40 sition to the council. The council may accept, reject or modify those areas of agreement within the proposed memorandum of understanding and may take whatever action they feel appropriate with regard to any areas in dis- pute. Final action by the council shall constitute the memorandum of un- derstanding. The decision of the council shall be final. 6. Any portion of the meet and confer process that relates to economic issues shall be concluded prior to May 1st 7. The memorandum of understanding shall be entered into for a period of not less than two, nor more than three, years. Economic issues may be subject to annual negotiation. G. Qualification and recognition of designated oublic safety em to ee or aniza- tion; membership requirements 1. Any employee organization wishing to represent public safety employees shall submit a memorandum to the town manager within 30 days of the ef- fective date of this section, and no later than August 1 st of each year there- after, indicating its desire to represent public safety employees. The memorandum shall contain the following information: a. The name and address of the organization and of the designated con- tacts for the organization. b. A copy of the organization's charter, constitution and bylaws, if such documents exist. c. The names, titles and telephone numbers of its duly elected officers. d. A statement that membership in the organization is not denied because of race, color, national origin, religion, sex, disability, marital or familial status, veteran status or political affiliation. 2. A petition shall be filed with the memorandum. The petition shall include the printed name, employee number, date of signature and signatures of at least 50% plus one of all public safety employees. a. If the signature of an employee appears on petitions filed by more than one employee organization, the employee's name shall be struck from all employee organization petitions on which it appears. b. An employee may remove his or her name from a petition by filing a memo with the town manager requesting removal. The memo must be filed within five days after the petition is filed. c. Upon the request of a public safety employee, the signatures on a peti- tion shall be verified by the town clerk. 3. Following the resolution of any challenges to the filed petitions, the organi- zation meeting the requirements of sections G.1. and G.2. above shall be certified by the town manager as the designated public safety employee organization. 4. The designated public safety employee organization may request that membership dues for all public safety employees who have authorized dues deductions be withheld by the town and distributed to the organiza- tion. Regular P®p ()411441 ay May 1, 2012 - Page 32 of 39 -4- 2/27/2007 11 :09 A 4 F 9 E 5. The designated public safety employee organization shall maintain a mem- bership of not less than 50% of the members of its employee group. At any time other than during the annual meet and confer process, the town man- ager may: a. Request that, within 15 days, the organization provide a list of its public safety employee members. b. If membership has fallen below the number necessary to qualify as the representative organization, require the organization to demonstrate the required membership within 90 days. If the organization fails to do so, the organization shall no longer be the designated public safety em- ployee organization. 5. At any time other than during the annual meet and confer process, an ex- isting designated public safety employee organization may be decertified and replaced by another organization. Decertification occurs only when a new organization presents the town manager with a petition which names the organization to be replaced, names the new organization and meets the requirements of sections o.1. and o.2. above. The newly designated group will remain bound by the existing memorandum of understanding un- til the next authorized meet and confer process takes place. H. Prohibited activities 1. The public safety employee organization, its members or its representa- tives shall not: a. Restrain or coerce employees in the exercise of their rights under this section; b. Refuse to meet and confer with the town; c. Discuss negotiation matters with members of the council from the time the organization makes its presentation to the town manager until items in dispute have been submitted to the council for their determination; d. Use town time, property or equipment for employee organization busi- ness, except as specified in the memorandum of understanding or as provided to the general public; e. obstruct, restrain or coerce any employee, employee representative, elected or appointed town official or representative of the town in the exercise of any right provided by this section, for the purpose of gaining a concession under this section, during negotiations, in the selection of its agent for meeting and conferring, or in adjustment of grievances; f. Refuse or fail to comply with any provision of this section. 'J. 2. The town, its management and its representatives, shall not: vdi a. Interfere with employee rights under this section; b. Discriminate against an employee with regard to terms and conditions of employment because of the employee's membership status in an em- ployee organization, or because an employee invoked rights under this section; Regular PW04444dWCg1} May 1, 2012 - Page 33 of 39 -5- 2/27/2007 11:09 AM c. Discriminate in regard to hiring, or any term or condition of employment, in order to encourage or discourage membership in an employee or- ganization; d. Refuse to meet and confer with an authorized representative of the des- ignated public safety organization; provided, it shall not be a violation of this subsection for the town to refuse to meet and confer about eco- nomic items between May 1st and December 15th; e. Refuse or fail to comply with any provisions of this section. 3. Except as expressly authorized in this section, solicitation of members, col- lection or payment of dues, and all other internal employee organization business shall be conducted only during non -duty hours and shall not oc- cur on the town's premises. 4. Employee organizations and employees shall not engage in, initiate, spon- sor or direct a strike, work stoppage, slowdown, sick -out or other similar activity. The employee organization conducting any such prohibited prac- tice shall immediately be decertified as a designated public safety em- ployee organization, shall be ineligible to be recertified for two years and shall be ineligible for payroll deductions of dues for a like period of time. Any employee who engages in any prohibited practice may be subject to disciplinary action, including termination. 5. Nothing contained in this section shall prohibit the public safety employee organization from determining and maintaining its own rules for obtaining or retaining membership in the organization, so long as the rules do not purport to confer any rights to representation by the association other than that provided by this section. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of this ordinance. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adop- tion. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of March, 2007. O F 4 mi V ORPORATE�� i CDCXD Mayor Ed Ho n e a S ATTEST: Jil � NN APPRD D A TO FORM. -� � r r J celyn Bronson, Town Clerk F nk Ca ' dy, o n A o Regular Un J (!g/� May 1, 2012 - Page 34 of 39 -6- 2127/2407 11:09 AM i MARANA rnmw flr m+wi-% r 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 1, 2012, 7:00 PM To: Mayor and Council From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Not Applicable Item D 3 Subject: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation /government actions and on recent and upcoming meetings of other governmental 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: ❑ 2012 Legislative Bulletin Issue 15.pdf League Issue #15 Cover Memo 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 - May 1, 2012 - Page 35 of 39 League of Arizona Cities and Towns - Legislative Bulletin http://www.Ieagueaz.org/bulIetin/12/120420/index.cfin?a=print ue of Arizona ^00 es ANDTowns ISSUE 15 - April 20, 2012 Legislative overview Leg ISlatllfe BllI I etlll - Today is the 103rd day of the second regular session of Arizona's 50th Legislature. Hopes for a sine die adjournment by the 100 -day deadline established by rule were dashed, as the executive and legislative branches failed to reach an agreement on a budget for 2012 -13. To increase the pressure on legislative negotiators to conclude a budget deal, the governor announced on Monday, April 16, that she would not sign any more bills into law until a budget accord is reached. This policy does not apply to those bills that had been transmitted to the Office of the Governor by the time the announcement was made. Legislative activity during the past week was relatively light, as the universe of viable bills continued to shrink. The deadline for conference committees to meet - originally established as Friday, April 13, and then extended to Tuesday, April 17 - was extended a second time to today, Friday, April 20. On Monday, April 16, the Pima County Board of Supervisors met to determine a process for the selection of a new state representative to fill the legislative district 29 seat of former Rep. Daniel Patterson, who resigned last week. The process established by the supervisors will culminate in the selection of a new representative on Monday, April 23. The finalists for the appointment are attorney Nicholas Fontana, aerospace engineer Albert Jordan and union leader Leon Sierra. By state law, the new representative must be a registered independent and live in the district. Consolidated elections On Thursday, April 19, the Senate passed HB 2826 (consolidated election dates; political subdivisions) by a vote of 16 -13. The bill had previously been defeated in the Senate by a vote of 11 -17. The legislation has now been approved by each chamber with the bare minimum number of votes required for passage. The League strongly opposes the bill (which requires that local elections be held in the fall of even - numbered years) as an unconstitutional and unfunded mandate on cities and towns. This position is reinforced by the recent Supreme Court decision in Tucson v. Arizona, which unambiguously identifies municipal elections as a matter of purely local concern. The League also opposes the bill for a number of other reasons, including: prospective ballot length and voter fatigue; increased costs and voter confusion; unnecessary and harmful delays for certain types of elections; and difficulties associated with all -mail ballots. The bill now returns to the House, which will be asked to approve the legislation as amended by the Senate. The League urges all cities and towns to contact their representatives to urge a NO vote on HB 2826 when it is brought to the House for a final vote. Firearms On Tuesday, April 17, the governor vetoed HB 2729 (state regulation of firearms). The bill requires governmental entities to Regular Council Meeting - May 1, 2012 - Page 36 of 39 1 of 4 4/20/2012 4:28 PM League of Arizona Cities and Towns - Legislative Bulletin http://www.Ieagueaz.org/bulIetin/12/120420/index.cfin?a=print permit guns into public establishments, unless armed personnel and metal detection equipment are installed at the entrances to such establishments. The measure, sponsored by Rep. David Gowan (R- Sierra Vista), also preempts municipalities from having firearms ordinances stricter than state law. The League had formally requested that the bill be rejected by Governor Brewer. Revenue allocation districts On Tuesday, April 17, the governor vetoed HB 2469 (revenue allocation districts). The measure, sponsored by Rep. Rick Gray (R -Sun City), authorizes municipalities to form Revenue Allocation Districts, which can pledge increases in both property tax and sales tax revenue to secure bonds issued to benefit the district. In her veto letter, the governor cited several concerns, including: a lack of detail surrounding projects that might be financed with this new mechanism; potential avoidance of constitutional debt limits; and administrative burdens. The League, which supports the measure, continues to work with the sponsor and proponents to address the governor's concerns. Alarm installation On Monday, April 16, the House approved HB 2748 (NOW: alarm business; alarm agent; certification) by a vote of 42 -14. The bill includes an amendment adopted by a conference committee of senators and representatives appointed to produce a final version of the legislation. On Wednesday, April 18, the sponsor, Representative Amanda Reeve (R- Phoenix), made a successful motion to return the bill to another conference committee to make additional changes. In its current form, the measure provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and it preempts further local regulation of alarm installation. Law enforcement On Wednesday, April 18, the House passed SB 1212 (law enforcement officers; just cause) by a vote of 55 -0. Sponsored by Senator Andy Biggs (R- Gilbert), the bill mandates that the same "just cause" process required for the termination of law enforcement officers be applied to demotions. Language in the bill applying the same process to officer suspensions was stricken by an amendment adopted in the Committee of the Whole. The League opposes the measure because it limits the authority of municipalities to discipline problematic officers. The amended bill returns to the Senate, which passed its version of the legislation by a vote of 29 -0 on February 9. United Nations Rio declaration SB 1507 (NOW: United Nations Rio declaration; prohibition) was calendared for consideration by the House Committee of the Whole on Tuesday, April 17. The purpose of the bill is to prohibit the state or its political subdivisions from adopting or implementing "the creed, doctrine, principles or any tenet" of the 1992 United Nations Rio Declaration on Environment and Development. The League urged all representatives to reject this ill - conceived legislation, based on its ambiguous language, high potential for unintended negative consequences and prospective impacts on municipal initiatives. The bill was subsequently retained on the calendar but could resurface in the House at any time. Business incentives On Wednesday, April 18, the House passed SB 1442 (prime contracting; manufacturing facilities; infrastructure) by a vote of 46 -10. The measure allows municipalities to recapture state transaction privilege taxes paid by qualified manufacturing facilities for public infrastructure necessary to support those facilities. The bill was amended in the Committee of the Whole to expand the definitions of associated improvement and manufacturing facility. The measure, which is supported by the League as a tool for attracting manufacturing jobs to Arizona, now returns to the Senate to address amendments made in the House. Traffic control On Thursday, April 19, the House defeated HB 2557 (NOW: intersection; definition) by a vote of 27 -29. The bill redefines the Regular Council Meeting - May 1, 2012 - Page 37 of 39 2 of 4 4/20/2012 4:28 PM League of Arizona Cities and Towns - Legislative Bulletin http://www.Ieagueaz.org/bulIetin/12/120420/index.cfin?a=print definition of "intersection" in the transportation statutes to make it more difficult to cite drivers for red light violations. Following consideration of the measure, a motion was made and adopted to reconsider the vote in the House on Wednesday, April 25. Spirituous liquor HB 2606 (NOW: liquor omnibus) passed the House on April 19 by a vote of 46 -11. Among other things, the bill, sponsored by Rep. J.D. Mesnard (R- Chandler), permits the State Liquor Board to consider municipal tax delinquencies in liquor license suspension and revocation proceedings. It further permits a city or town to use the average of the last five years of the Consumer Price Index (CPI) for fee increases (as opposed to just the previous year's CPI). The bill now proceeds to the Senate for final consideration. Legislator profile - Representative Chad Campbell If Representative Chad Campbell appears agitated - a lean mass of nervous energy pacing the House floor in restless motion - there could be several explanations. He could be in high dudgeon concerning some ill - advised legislative proposal or another. As the minority leader of the House, he could be preoccupied with the demanding task of keeping his caucus together. More likely, however, he'd just rather be outdoors. Canoeing. Rock climbing. Boating. Gliding. Fishing. Snowboarding. Backpacking. Mountain bike 41 riding. Camping. If a pursuit takes place outside and involves physical and mental challenge, then Campbell is good to give it a go. His love of the outdoors, reflecting an insatiable passion for life, is palpable. No wonder, then, that the newlywed lawmaker tied the knot last year in Kauai, a Hawaiian island of rugged and beauteous adventure. "I was on the island in 2009," Campbell explains, "and I flew along the Na Pali coastline in a one -wing power glider." He later learned that, within a year of this geste, the guide who took him gliding crashed and died. Happily, everyone who participated in his recent wedding at a beach house in Poipu survived to tell the tale. A first - generation native Arizonan, Campbell describes his own youth as "simple" and "normal ". An only child whose parents both worked outside the home, Campbell enjoyed playing team sports, especially football (as a strong safety) and baseball (as a left fielder). He did well in school, developed a robust work ethic and stayed out of trouble. He entered the part -time workforce at age 14 and kept occupied throughout school in a number of jobs in the service, retail and restaurant industries. By the time he graduated from high school, Campbell had become interested in biology and environmental sciences. Fortuitously, he earned a scholarship to Northern Arizona University, which offered a program combining the two disciplines. "I loved Flagstaff and NAU," Campbell fondly recalls. "I embraced the cold weather and the fantastic outdoor opportunities." Having endured four surgeries on his left knee as a consequence of a skiing accident, however, he has retired from the slopes. Regardless, his attraction to all - weather sports has not abated. Campbell has always been interested in politics and has ever appreciated the impact that public policy has on people's lives. His father and most of his family were staunch conservatives, dedicated to principles championed by Barry Goldwater and Ronald Reagan. Over time, he asserts, the Republican Party drifted away from those principles. So it was that, during college, he volunteered for the congressional campaign of former U.S. Representative Karan English (D -Ariz. ). It was a heady experience and resulted in his infection with the political bug. Later, working for an environmental engineering firm, Campbell was exposed to the enormous day -to -day impacts of public policy decisions rendered by political figures. Whether the issue at hand involved site cleanup, the disposal of mining wastes, or project remediation, government was deeply involved. Often, the government's role was problematic, resulting in burdensome regulation and bureaucratic make -work. Campbell knew that government- designed processes could and should be streamlined. Regular Council Meeting - May 1, 2012 - Page 38 of 39 3 of 4 4/20/2012 4:28 PM League of Arizona Cities and Towns - Legislative Bulletin http://www.Ieagueaz.org/bulIetin/12/120420/index.cfin?a=print It was against this backdrop that Campbell ran for Phoenix City Council in 2005. Though he lost to an incumbent, he was proud of his campaign and his message. Moreover, he earned a great deal of respect and name recognition, both of which served him well one year later when then -Rep. Bill Brotherton decided not to seek re- election to his District 14 House seat. Campbell was persuaded to run for the central Phoenix district in 2006, and he won handily, repeating the feat in 2008 and 2010. Campbell affirmatively decries legislative interference with city business. As a matter of course, he opposes the imposition of state mandates on cities and towns. "It's hypocritical for the conservative majority to so fiercely oppose federal mandates," he asserts, "and then impose one - size - fits -all mandates on municipalities." He continues: "Legislators are trying to micromanage all aspects of city government from the Capitol: traffic management, contracting, elections and anything else they can think of. It has to stop." Though he has been approached by others to consider a congressional run, Campbell does not seem particularly interested in leaving Arizona for the marbled corridors of the United States Capitol. "Washington, D.C. is the political version of Las Vegas," he opines. "Besides," he continues, "we need native Arizonans who know this state and are committed to this state to help run this state." Accordingly, he does not rule out the possibility of a future statewide campaign. In any event, Campbell's future is as bright as his energy level is high and his enthusiasm is infectious. With his thirst for adventure and his drive to conquer new challenges, it is manifest that Campbell has many more mountains to climb, rapids to run, and canyons to cross - both metaphorically inside the Legislature and literally (and preferably) outside. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to leagueCazleague.org. Regular Council Meeting - May 1, 2012 - Page 39 of 39 4 of 4 4/20/2012 4:28 PM Jocelyn Bronson From: League of Arizona Cities and Towns < league @azleague.org> Sent: Friday, April 27, 2012 2:03 PM To: Jocelyn Bronson Subject: League of Arizona Cities and Towns - Legislative Bulletin Issue 16: April 27, 2012 VIEW ON A MOBILE DEVICE IA.,„)aglie of Arizona .„\s. Ities ..:nn.vn:ti, vn•.v::::. . vrd ... v.vy.v} AND — ow a -se � _Leuislative ' : Bulletin :. Issue 16 - April 27, 2012 PRINT VERSION Legistative update T Today is the 110th day of the second regular session of the 50th Arizona Legislature. During the past week, there emerged from the Capitol multiple reports that the ongoing budget stalemate between the Legislature and the governor had been broken. SZ) The League understands that negotiators are hammering out final details and that legislative votes on a budget package could be taken as early as next week. Unfortunately, details as to the compromise budget's contents remain unavailable and are not likely to become public until shortly before votes are called. Read more...` ..............: ...................... .................... ...................... Consolidated elections .................... ...................... ................... ...................... ..................... ..................... ...................... ................... On Tuesday, April 24, the House caucuses considered HB 2826 (consolidated election dates; political subdivisions) as amended by the Senate. The sponsor of the bill, Rep. Michelle Ugenti (R- Scottsdale), recommended that the House concur in the amendment of the Senate. Accordingly, the amended bill will next proceed to the House floor for a vote on final passage. Read more... Traffic control On Wednesday, April 25, the House passed HB 2557 (NOW: intersection; definition) on reconsideration by a vote of 35 -17. The measure had failed the previous week by a vote of 27 -29. The bill redefines the definition of "intersection" in the transportation statutes to make it more difficult to cite drivers for red light violations. The bill, to which the League is opposed, now proceeds to the Senate for a vote on final passage. Alarm installation 1 ..................... ................... .................... ...................... ..................... additional changes to HB 2748 (NOW: alarm business; alarm agent; certification). The bill was amended to address issues identified by the Department of Public Safety. In its current form, the measure provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and it preempts further local regulation of alarm installation. The bill now returns to the floor of both chambers for e. adoption of the amendment and final passage. P P g l tax � sa es collection Tuesday, f HB 2466 On uesda Aril 24, the Senate passed an amended version (NOW: 0 Y� P � P ( payment; local sales tax) by a unanimous vote of 26 -0. The bill provides for the creation of an online portal for the direct remittance of taxes by taxpayers in self - collecting cities. The League supports HB 2466 and has worked closely and cooperatively with the bill's sponsor, Rep Rick Gray (R -Sun City West), throughout the legislative session. Read more... n P s�nrf e o reform On Tuesday, r� the Senate HB 2264 (ASRS; employee; uesda �l 24, t e Se ate assed employer Y� P � passed ( � P Y contributions; rate) by a unanimous vote of 28 -0. The bill, sponsored by Rep. Bob Robson (R- Chandler), provides for a 50/50 split between employers and employees with respect to contributions to the Arizona State Retirement System (ASRS). The measure effectively repeals the portion of last year's SB 1614 that moved ASRS to a 47/53 split between employers and employees, respectively. The bill will next be transmitted to the governor for her consideration. Law enforcement On Tuesday, April 24, the Senate passed SB 1212 (law enforcement officers; just cause) by a vote of 28 -0. Sponsored by Senator Andy Biggs (R- Gilbert), the bill mandates that the same "just cause" process required for the termination of law enforcement officers be applied to demotions. Language in the bill applying the same process to officer suspensions was stricken by an amendment adopted in the House Committee of the Whole last week. The League opposes the measure because it limits the authority of municipalities to discipline problematic officers. The bill now goes to the Governor for her consideration. United Nations Rio declaration On Wednesday, April 25, the House Committee of the Whole considered and passed SB 1507 (NOW: United Nations Rio declaration; prohibition). The purpose of the bill is to prohibit the state and its political subdivisions from adopting or implementing "the creed, doctrine, principles or any tenet T! of the 1992 United Nations Rio Declaration on Environment and Development. The bill was amended by the House to add the White House Rural Council to a list of organizations with which Arizona political entities are prohibited from affiliating. Read more... teague@azteague.org 2 STATUS AND SUMMARY REPORT Town of Marana Members of the legislature have confirmed that significant progress has been made with the governor and legislative leadership toward successful budget negotiations. Now that agreements have been reached, we expect bills which have been held from transmittal to be transmitted to the governor's desk for passage or veto next week. These negotiations are said to include a repeal of the fees assessed on municipalities for the operations of the Department of Water Resources, as well as a proposed reduction in the HURF funding sweeps commensurate with funding designated for the Motor Vehicle Division. SB1442 sponsored by Senator Steve Yarbrough would permit municipalities to redirect construction sales tax dollars that are generated by large manufacturing projects and are paid to the state to instead be used by the host municipality for infrastructure necessary to support the manufacturing project. As the result of budget negotiations, it is likely that the present manufacturing facility minimum capital investment requirements will be increased substantially in conference. With these changes, prospects for final passage and signature are very favorable. HB2815 sponsored by Representative JD Mesnard passed out of the Senate Appropriations Committee on 3/21. As it is written, the bill would phase out capital gains, lengthen the net operating loss carry forward period and allot monies to community college job training programs. However, the bill would also implement a regulatory tax credit to be received by businesses who assert that they have been "overregulated ". Due to significant opposition to the regulatory tax credit provision, leadership has advised that this provision will be eliminated entirely. HB2570 failed to pass out of the Senate on 4/12, but the Senate voted to reconsider the bill at a later date. As amended, this bill requires a county, city or town to post the final proposed language of any ordinance, rule, regulation, measure or other form of legislation having the force of law and general applicability on the governing body's website at least seven days before the body is to take action of the matter. Also, HB2826 which would modify the statute related to consolidated election dates and political subdivisions, passed the Senate after reconsideration on 4/19 and is now ready for House action on Senate amendments. The bill calls for all elections (including recall and special elections), except for regulator elections for candidates in cities /towns with a population over 175,000, to be held on the second Tuesday in March, the third Tuesday in May, the tenth Tuesday before the first Tuesday after the first Monday in November and the first Tuesday after the first Monday in November. For regular elections in cities /towns populated over 175,000, elections are to be held on the tenth Tuesday after the first Monday in November. An amendment to this bill was offered in Senate Judiciary, but was not adopted. The amendment would allow for elections non - candidate elections to occur on given dates in March and May, as well. For a complete list of relevant bill action, please reference the list below. Bills still being discussed are listed in black, while bills which are effectively dead are listed in red. LIVE BILLS HB2030: HOAS; PUBLIC ROADWAYS SUMMARY: An HOA may regulate the parking of noncommercial vehicles on any roadway only if the HOA allows each member of the household to park two or more vehicles in the household's driveway. HOAS may require the vehicle to be registered and operable. SPONSOR: Rep. Kavanagh STATUS: Passed the Senate on 4/5 as is now ready for House action on Senate amendments. HB2123: TRANSACTION PRIVELAGE TAX REFORM COMMITTEE SUMMARY: Establishes a 13- member TPT reform committee to study the collection of revenues to the general fund, including individual and corporate income tax, and TPT. Sunsets 11/1/13. SPONSR: Rep. Court STATUS: Signed by Governor on 3/29. HB2264: RETIREMENT; ASRS; EMPLOYEE; EMPLOYER CONTRIBUTIONS; RATE SUMMARY: Reduces ASRS member contributions to 50% of the total contribution (from 53 %). ASRS employer contributions are raised to 50% (from 47 %). Requires ASRS employers to return excess contributions made during FY2011 -12 by 6/30/12. SPONSOR: Rep. Robson STATUS: Approved by Senate COW on 4/24; ready for Governor. HB2319: NOTICE; CLAIM; PRIVATE PROPERTY RIGHTS SUMMARY: The statute which governs the authorization of a claim against a public entity or employee does not apply to any claim for just compensation under the private property rights protection act. SPONSOR: Rep. D. Smith STATUS: Signed by Governor on 3/28. HB2361: CONSUMER FIREWORKS; REGULATIONS SUMMARY: Municipalities and counties are authorized to regulate the use and sale of fireworks. SPONSOR: Rep. Fann STATUS: OK'd by Senate Rules on 3/20. HB2390: HOME DETENTION PROGRAMS SUMMARY: A prisoner in a home detention program established by counties or municipalities is no longer required to be employed within the county. The court is authorized, instead of required, to terminate a prisoner's participation in a program under specified conditions. SPONSOR: Rep. Pratt STATUS: Signed by Governor on 3/27. HB2408: SPECIAL AUDIT; PIMA COUNTY- SRIKER SUMMARY: Allows for an audit of Pima County. SPONSOR: Rep. Stevens STATUS: Signed by Governor on 3/29. HB 2460: SPECIAL TAXING DISTRICTS; BOUNDARIES SUMMARY: In Maricopa County, any property owner whose land is within 1/2 mile of an adjacent sanitary district or fire district and within an unincorporated area or county island of less than 640 acres may request in writing that the district governing body amend the district boundaries to include the owner's land. SPONSOR: Rep, Dial. STATUS: Signed by Governor on 4/10. HB2466: LOCAL SALES TAX; PAYMENTS; DOR SUMMARY: If the Department of Revenue has not entered into an intergovernmental agreement with a municipality to coordinate collection of sales taxes, a taxpayer required to pay sales taxes to that municipality may instead pay the tax to DOR. DOR must establish an internet service to allow the taxpayer to remit the taxes and may charge and collect a fee from the taxpayer for this service SPONSOR: Rep. R. Gray STATUS: Passed Senate on 4/24; ready for House action on Senate amendments. HB2469: REVENUE ALLOCATION DISTRITS SUMMARY: Authorizes municipalities (presenting a petition signed by owners of at least 51% of relevant land) to form revenue allocation districts to undertake projects for economic development, reduce the loss of commerce or employment or increase employment. SPONSOR: Rep. R. Gray STATUS: Vetoed by the Governor on 4/17. HB2493: WATER RESOURCES DEPT; FUNDING SUMMARY: Statute allowing DOR to assess a fee on municipalities based on population is repealed on 7/1/14. Established a 10- member Joint Legislative Study Committee on alternative sources of DWR Funding. Study Committee sunsets on 10/1/13. SPONSOR: Rep. Jones STATUS: Held in Senate Appropriations on 3/20. HB2503: PROHIBITION- PUNITIVE DAMGES- STRIKER SUMMARY: Exempts a manufacturer from liability for punitive damages if the manufacturer follows federal, state or agency- issued product standards. SPONSOR: Rep. Yee STATUS: Passed Senate on 4/3; ready for House action on Senate amendments. HB2570: POLITCAL SUBDIVISIONS; PROCEEDINGS; GOVERNING BODIES SUMMARY: Political subdivisions are prohibited from enacting any ordinance or other form of legislation unless it has been heard three times on three separate days and been made available to the public for at least 14 days. SPONSOR: Rep. Olson STATUS: Failed to pass the Senate on 4/12, but is scheduled for reconsideration. HB2608: ASSESSED VALUATIONS; AUDIT SUMMARY: Allows the Department of Revenue to audit the valuation of new construction as determined by each county. SPONSOR: Rep. Mesnard STATUS: Signed by Governor on 3/29. HB2621: LOCAL GOVERNMENT BUDGETS; POSTING; CONTENTS SUMMARY: The list of required elements of community college district budgets is expanded in FY2013 -14 to include the total estimated personnel compensation, with separate line items for employee salaries, expenses for retirement and health care costs, and all unencumbered cash. Beginning in FY2013 -14, the annual estimate of expenses of each county and municipality must include the estimated number of full - time employees and the total estimated personnel compensation, with separate line items for employee salaries and employee related expenses for retirement and health care costs. Community college districts and county fire districts must post their budgets in a prominent location on the official website. SPONSOR: Rep. Lesko STATUS: Signed by Governor on 3/29. HB2642: MANUFACTURERS; CIGARETTES- STRIKER SUMMARY: Prescribes that every retailer with a machine at any of its establishments that enables any person to process tobacco into a roll or tube is a manufacturer of cigarettes. SPONSOR: Rep. Kavanagh STATUS: Held in House Commerce and Energy on 3/14. HB2748: ALARM AGENT CERTIFICATION- striker SUMMARY: Authorizes the Arizona State Board of Technical Registration to regulate alarm businesses and alarm agents beginning October 1, 2012. SPONSOR: Rep. Reeve STATUS: Senate adopted corrected conference report on 4/25; awaiting House adoption and final vote in both houses. HB2771: HURF MONIES; ACCOUNTING; APPROPRIATION SUMMARY: Requires DOT to maintain a ledger with a detailed accounting of all reallocations or transfers of money from the AZ Highway User Fund that were not authorized by statutory formulas as of 1/1/00, and requires specification of how the monies would have been allocated under the statutory formula to municipalities, counties and the State Highway Fund. Requires Legislature to consider budgeting repayments of HURF monies accounted for on the ledger. Appropriates $20 million from general fund in FY 2012- 2013 to the Department for payments against the ledger. SPONSOR: Rep. Williams STATUS: Held in House Transportation on 3/1. HB2815: EMPLOYMENT; INCENTIVES; REGULATORY TAX CREDIT SUMMARY: Establishes an income tax credit for the creditable costs of "excessive regulation" incurred by the taxpayer. Additionally, the list of amounts subtracted from Arizona gross income for individual and corporate income tax purposes is expanded to include net capital gain included in federal adjusted gross income for the taxable year that is derived from an investment in a capital asset acquired after December 31, 2011, beginning with 25 percent of net capital gain in tax year 2013 and increasing 25 percent per tax year to 100 percent in tax year 2016 and after. Corporations may carryover net operating losses arising in tax years beginning with 2013 for 20 years, increased from 5 years. SPONSOR: Rep. Mesnard STATUS: Approved in Senate Finance Committee on 3/21. HB2826: CONSOLIDATED ELECTION DATES; POLITICAL SUBDIVISIONS SUMMARY: Beginning with elections in 2014, political subdivision elections, except special elections, can no longer be held in March or May and may only be held in even - numbered years. SPONSOR: Rep. Ugenti STATUS: Passed Senate on reconsideration on 4/19. Ready for House action on Senate amendments. HCM2004: TRANSPORATION FUNDING; RESTORE TO STATES SUMMARY: Legislature urges the U.S. Congress to enact legislation making monies collected under the federal gas tax immediately available to the individual state and to cease the collection of motor fuel taxes in Arizona so that the state can collect and distribute the taxes without the delay caused by federal collection and disbursement. SPONSOR: Rep. R. Gray STATUS: Passed Senate on 3/20; sent to Secretary of State. SB 1087: FIREARMS; STATE PREEMPTION SUMMARY: Political subdivisions may enforce state law relating to certain firearms restrictions. SPONSOR: Sen. Gould STATUS: Stricken from House Consent by Rep. Gowan on 3/27. SB 1131: TRANSPORTATION PROJECT ADVANCEMENT SUMMARY: Municipalities, counties, regional planning agencies, metropolitan planning organizations, councils of governments, regional public transportation authorities and the Department of Transportation are authorized to enter into transportation project advance agreements with each other for the acceleration of a "transportation project" (defined as a project included in the State Transportation Plan or a regional transportation plan). If an agreement is entered into, the parties may advance monies to one another, issue and sell transportation project advancement notes, and use note proceeds for specified transportation advancement project purposes. SPONSOR: Sen. Yarbrough STATUS: Signed by Governor 3/20. SB1198: TOWN ELECTIONS; SIGNATURE REQUIREMENT SUMMARY:: Towns choosing to hold nonpartisan elections are authorized to provide by ordinance that the minimum number of signatures required on a nominating petition for a candidate for town office be 1000 signatures or 5% of town vote, whichever is less. Increases number of signatures required for Congressional candidates to 1% (up from .5 %) of total registration of the party. For counties with a population of 200,000 or more but less than 300,000, increases the number of signatures required for a county office who is elected from a district within the county to 1 percent of the total voter registration of the party in the district. SPONSOR: Sen. Yarbrough STATUS: Signed by Governor on 3/29. SB1288: MUNICIPAL WATER FEES; REPEAL; APPROP SUMMARY: Repeals the statute authorizing the Department of Water Resources to assess a fee on municipalities. Appropriates $6.3 million from the general fund in FY2012 -13. SPONSOR: Sen. Yarbrough STATUS: Passed out of House Appropriations on 3/22 SB1290: CITIES; TOWNS; DILAPIDATED STRUCTURE; DEFINITION SUMMARY: Changes the definition of a "dilapidated structure" to any structure that is likely to burn or collapse and its condition endangers the life, health, safety or property of the public. SPONSOR: Sen. Griffin STATUS: Passed out of House Government Committee on 3/6. SB1304: FIREARMS REGULATION; POLITICAL SUBDIVISIONS SUMMARY: Political subdivisions are no longer authorized to adopt ordinances or rules restricting the discharge of a firearm within a quarter of a mile of an occupied structure. SPONSOR: Sen. Antenori STATUS: OK'd by Senate Rules on 3/26. SB1306: ALARM BUSINESSES, AGENTS, LICENSING - STRIKER SUMMARY: The strike - everything amendment to SB 1306 outlines the requirements for the Board of Technical Registration to issue alarm business and alarm agent certification or renewal certification cards. SPONSOR: Sen. Antenori STATUS: OK'd by House Rules on 3/20. SB1364: CONSUMER FIREWORKS; PERMITTED REGULATION SUMMARY: Sale of fireworks in in Pima County is prohibited. Allows counties to ban the use of fireworks in unincorporated areas where national fire dangers where the fire danger is high, very high or extreme. Municipalities and counties cannot adopt penalties greater than a petty offense for a person using permissible consumer fireworks. Sale of fireworks is prohibited in areas residential areas. At any place where permissible consumer fireworks are sold, a sign must be posted stating that the use of fireworks may be restricted in the jurisdiction. SPONSOR: Sen. Biggs STATUS: OK'd by House Rules on 3/27. SB1395: COUNTY ISLAND FIRE DISTRICTS SUMMARY: County island fire districts are authorized in any county, instead of only in a county with a population of at least 1.5 million persons (Maricopa). Makes various other changes related to county island fire districts, including requiring a person proposing district formation to submit a district impact statement with specified information, and allowing districts or private providers to request arbitration if an agreement to establish a service plan is not reached within 90 days SPONSOR: Sen. Murphy STATUS: OK'd by House Rules on 3/20. SB1407: FIRE DISTRICTS; SANITARY DISTRICTS SUMMARY: Until 7 /1/15, in counties with a population of more than 2.5 million (Maricopa County) any property owner whose land is within a half mile of an adjacent sanitary district or fire district may request that the district amend the boundaries to include that property owner's land. SPONSOR: Sen. Driggs STATUS: Passed as amended out of House Ways and Means Committee on 3/19. SB1412: POLITICAL SIGNS; PUBLIC RIGHT -OF -WAY SUMMARY: Owners or occupants of residential property are authorized to remove any political sign or printed materials from a public right -of -way that is adjacent to the residential property. SPONSOR: Sen. Gould STATUS: Passed out of House Military Affairs and Public Safety Committee on 3/15. SB1433: CITIES; TOWNS; POLICE FUNCTIONS; REVOCATION SUMMARY: Municipalities do not have authority to establish, regulate, appoint or remove the municipal police and to prescribe their powers and duties if 50% or more of the police officers have had their peace officer certifications revoked by the AZ Peace Officer Standards and Training Board. If AZPOST determines that 50 percent or more of a municipality's police officers certifications have been revoked, the county board of supervisors must vote to affirm the determination and the county sheriff must immediately assume the law enforcement functions within the municipality. The municipality must reimburse the county sheriff for reasonable costs for providing such law enforcement functions. SPONSOR: Sen. L. Gray STATUS: FAILED House COW on 4/25. SB1442: PRIME CONTRACTING, MANUFACTURING FACILITIES; INFRASTRUCTURE SUMMARY: State Treasurer must pay a municipality or county from TPT revenues up to 80% of the cost of public infrastructure improvements for the development of a manufacturing facility. SPONSOR: Sen. Yarbrough STATUS: Passed the House on 4/18 and is now ready for Senate action on House amendments SB1447: MUNICIPAL FINANCE DECISIONS; PUBLIC HEARING SUMMARY: Municipal governing bodies considering the municipal budget, a bond election or alternative expenditure limitation election are required to hold at least one public meeting before approving the budget or election. SPONSOR: Sen. S. Smith STATUS: Referred to House Government Committee on 2/21. SB1470: RULES, DATA QUALITY SUMMARY: Establishes standards for the information that is disseminated by cities, counties, and state agencies regarding licensing. SPONSOR: Sen. Klein STATUS: Passed Senate reconsideration on 3/8- potentially being amended onto S131193. SB1489: REDISTRICTING COMMISSION; COUNTIES; CITIES; DISTRICTS SUMMARY: The Independent Redistricting Commission is required to draw district lines for county supervisorial districts, justice court precincts, municipal council districts, school districts, special taxing districts and any other district lines otherwise required by law. SPONSOR: Sen. Murphy STATUS: Referred to House Judiciary 3/12. DEAD BILLS HB2021: MUNICIPALITIES; RESIDENTIAL RENTAL PROPERTY SUMMARY: Municipalities using Department of Revenue to collect sales tax for residential rental properties are prohibited from requiring property owners to have a municipal license or fingerprint card SPONSOR: Rep. Harper STATUS: DEAD HB2031: VEHICLE IMPOUNDMENT; LACK OF INSURANCE SUMMARY: Requires peace officers to impound a vehicle if the driver is not in compliance with insurance requirements. SPONSOR: Rep. Kavanagh STATUS: DEAD HB2043: ELECTION DATES; EVEN - NUMBERED YEARS SUMMARY: Effective 1/1/14, county, municipal, school district and special district elections cannot be held in March or May and must be held in even years. SPONSOR: Rep. Fillmore STATUS: DEAD HB2125: TRAFFIC ACCIDENT REPORTS SUMMARY: The standard for whether a law enforcement officer must complete a traffic accident report or only a portion of the report is changed to whether the accident renders the motor vehicle inoperable or not, instead of whether there is property damage in excess of $1,000 or not. SPONSOR: Rep. Urie STATUS: DEAD HB: 2168: BUILDING PERMITS; SELF - CERTIFICATION PROCESS SUMMARY: Requires municipalities to give applicants the option of obtaining the permit through a municipally directed permitted process, or through self - certification. For each regulation imposing a permitting requirement, municipalities must adopt a procedure for issuing permits through self- certification. SPONSOR: Rep. Urie STATUS: DEAD HB2201: GRAFFITI IMPLEMENTS; UNLAWFUL POSSESSION; MINORS SUMMARY: Makes it a petty offense for a minor to possess any graffiti implement on public or private property without property owner's consent. SPONSOR: Rep. Campbell STATUS: DEAD HB2208: LOCAL TRANSPORTATION ASSISTANCE FUND; RESTORATION SUMMARY: Establishes the Local Transportation Assistance Fund containing state lottery fund monies and annual appropriations to maintain $20.5 million annually in the fund. Municipalities and counties will receive LTAF funds in the proportion that their population bears to the total population. SPONSOR: Rep. Farley STATUS: DEAD HB2210: MEDICAL MAIRJUANA: LIMIT MUNICIPAL TAXATION SUMMARY: Prohibits municipalities from taxing the sale of medical marijuana exceeding 10% of amount of sale. SPONSOR: Rep. Patterson STATUS: DEAD HB2243: COMMERCE AUTHORITY; SOLAR GRANTS SUMMARY: AZ Commerce Authority may award grants from the AZ Competes Fund to municipalities to establish a renewable energy incentive district. SPONSOR: Rep. Gallego STATUS: DEAD HB2294: MUNICIPAL HOME DETENTION PROGRAMS; ESTABLISHMENT SUMMARY: Municipalities are required, instead of allowed, to establish a prisoner work, community restitution work and home detention program for eligible sentenced prisoners. SPONSOR: Rep. D. Smith STATUS: DEAD HB 2295: CITIES, ENTERTAINMENT DISTRICTS SUMMARY: Municipal governing bodies may designate an "entertainment district" and designate the days and hours of operation. Within the boundaries of the district, a person may possess an open container of liquor and certain retailers may sell liquor between 2am and 6am. SPONSOR: D. Smith STATUS: DEAD HB 2298: IMPROVEMENT DISTRICTS; RENEWABLE ENERGY SUMMARY: Municipalities may form improvement districts for the purpose of acquiring, installing and improving the energy efficiency and renewable energy, water conservation and water resource management improvements. SPONSOR: Rep. Campbell STATUS: DEAD HB2320: CONSOLIDATED ELECTION DATES; MUNICIPALITY SUMMARY: Municipal elections can no longer be held in March or May SPONSOR: Rep. D. Smith STATUS: DEAD HB2381: CITIES; ANNEXATION; REPEAL SUMMARY: Authorizes municipalities to annex territory bordered by the municipality on at least three sides. SPONSOR: Rep. Farnsworth STATUS: DEAD HB2445: STATE CAPITOL RESTORATION; RECAPTURE DISTRICTS SUMMARY: Establishes a State Capitol Centennial Restoration Trust Fund to maintain and renovate the state capitol. Establishes an oversight commission to review infrastructure improvement plans. Allows municipalities and counties to create new tax districts that make qualified expenditures relating to the state capitol centennial restoration project. SPONSOR: Rep. Gowan STATUS: DEAD HB2479: EMINENT DMOAIN; IMPROVEMENT; ASSESSING VALUE SUMMARY: The list of information the court /jury must assess in an eminent domain case is expanded to include the full dollar value of any improvements made to property sought. SPONSOR: Rep. Seel STATUS: DEAD HB2482: AUDITOR GENERAL; IND. AUDIT FIRM SUMMARY: Joint Legislative Audit Committee is authorized to direct the Auditor General to contract with an independent audit firm to conduct a special audit of any state agency, and to require the agency to pay the cost. SPONSOR: Rep. Seel STATUS: DEAD HB2510: GOVERNMENT PROCUREMENT; AMERICAN PRODUCTS SUMMARY: In the procurement of goods or services, state agencies, counties and municipalities are required to purchase items manufactured or derived from the United States. Some exceptions. SPONSOR: Rep. Campbell STATUS: DEAD HB2530: INCARCERATION COSTS; MUNICIPAL COURT WARRANT SUMMARY: Municipalities are required to pay the costs of incarceration in a county jail for a person arrested with a municipal warrant SPONSOR: Rep. Ash STATUS: DEAD HB2564: SPECIAL DISTRICTS; SECONDARY LEVY LIMITS SUMMARY: Beginning in 2012, the maximum property tax rate for county free library districts, county jail districts, and public health service districts is the lesser of the current statutory amount or the amount taxed of the previous tax year adjusted by the percentage change in the limit for the county where the district is located. SPONSOR: Rep. Olson STATUS: DEAD HB2569: CITIES & TOWNS; APPROVAL VOTING SUMMARY: Municipalities are authorized to use an approval voting system in municipal primary elections, where the voter may vote for as many candidates for one office as they choose, and the two candidates who receive the highest number of votes advance to the general or runoff election. SPONSOR: Rep. Olson STATUS: Passed out of House Judiciary Committee on 2/9. HB2585: MUNICIPAL RESIDENTIAL RENTAL TAX; ELECTION SUMMARY: An intent section of Title 42 states that the purpose of this legislation is to clarify statutory intent and ratify the common legal interpretation of law. This legislation does not provide any substantive change to the law. SPONSOR: Rep. Judd STATUS: DEAD HB2656: COUNTY BONDING; REGIONAL COMMITTEE SUMMARY: Counties with a population of 900,000 to 1.5 million (Pima) are required to establish a Regional Bond Accountability Committee. The county cannot issue or sell general obligation bonds, or submit a bond question to voters for approval until the Committee has held a public hearing and authorized the bonds by a majority vote. SPONSOR: Rep. Proud STATUS: DEAD HB2681: PARKING METERS; OPERATIONAL CHECK SUMMARY: Requires municipalities to randomly test and calibrate 10% of municipality owned parking meters on a quarterly basis. If 75% of samples meters are operational, the municipality must promptly test and calibrate the remaining parking meters and make necessary repairs. Until meters are tested and repaired, any person receiving a meter violation is not responsible. SPONSOR: Rep. Campbell STATUS: DEAD HB2710: STATEWIDE SPECIAL ELECTION; DISTRICT BOUNDARIES SUMMARY: Calls a special election to be held May 15, 2012 to submit to a vote amendments to the state Constitution relating to congressional and legislative district boundaries. Provides for a publicity pamphlet, the form of the ballot, applicability of general election laws, campaign finance reporting requirements, and reimbursement of county expenses for the special election. Emergency clause. SPONSOR: Rep. Tobin STATUS: DEAD HCR2052: LEGISLATIVE REDISTRICTING; 2012 MAPS SUMMARY: The ballot at a special election called on May 15, 2012 is to carry the question of whether to amend the state Constitution to enact state legislative district lines and boundaries beginning with the 2012 primary and general election. SPONSOR: Rep. Tobin STATUS: DEAD HCR2053: CONGRESSIONAL REDISTRICTING; 2012 MAPS SUMMARY: The ballot at a special election called on May 15, 2012 is to carry the question of whether to amend the state Constitution to enact state congressional district lines and boundaries beginning with the 2012 primary and general election. SPONSOR: Rep. Tobin STATUS: DEAD HCR2058: HURF; MONIES; ALLOWABLE USES SUMMARY: The 2012 general election ballot is to carry the question of whether to amend the state Constitution to apply the list of allowable uses of monies derived from vehicle registration fees and fuel taxes to monies derived from vehicle license taxes. SPONSOR: Rep. Williams STATUS: DEAD SB1020: TECH CORRECTION; BOND ELECTION SUMMARY: Minor change pertaining to municipal investment bonds. SPONSOR: Sen. S. Pierce STATUS: DEAD SB1044: CITIES, TOWNS; RESIDENTIAL RENTAL LICENSE SUMMARY: Municipalities cannot impose business license requirements for residential rental property managers. SPONSOR: Sen. Reagan STATUS: DEAD STATUS: DEAD SB1064: MUNICIPALITIES; LOCAL LIBERTY CHARTER SUMMARY: Establishes a model local liberty charter and authorizes unincorporated areas of a county and incorporated municipalities to adopt the charter through municipal legislation or local initiative. Charter guarantees the people of the adopting municipality a list of rights and is intended to supersede and control any contrary or inconsistent law including state statutes, administrative regulations, intergovernmental agreements, municipal charters, and municipal ordinances or resolutions. The charter contains numerous provisions, including a prohibition on needless regulation, municipal taxation and expenditure limits, limitations on eminent domain and impact fees, procedures for decentralized land use regulation, requirements for sunrise and sunset reviews, requirements for police performance, municipal employee accountability measures, and a prohibition on municipal subsidizing of private enterprise. SPONSOR: Sen. Klein STATUS: DEAD SB1309: CITIES; TOWNS; DEANNEXATION SUMMARY: If 10% of the qualified electors residing in a community with a population of 1500 or more persons petition the municipality for deannextion, the municipality must call an election within 60 days and the election must take place within 180 days. If a majority of electors vote for deannexation, the municipality must declare the deannexation subject to either the incorporation of the community as a municipality or annexation of the community by another municipality. SPONSOR: Sen. Antenori STATUS: DEAD SB1316: RED LIGHT VIOLATIONS; PHOTO RADAR SUMMARY: Photo radar tickets are only valid if the Photo Radar system does not detect the violation until the traffic control device is red for at least one second. SPONSOR: Sen. Antenori STATUS: Assigned to Senate Judiciary Committee; held on 2/13. SB1317: INTERSECTIONS WITH CAMERAS; STUDY SUMMARY: The Department of Transportation is required to conduct an engineering study of each intersection with a photo enforcement system to review traffic flow patterns and intersection safety. Sunsets on 10/1/13. SPONSOR: Sen. Antenori STATUS: DEAD SB1318: PHOTO RADAR; PRIVATE INVESTIGATOR LICENSES SUMMARY: Sen. Antenori SPONSOR: Defines "private investigator" for purpose of licensure and regulation, to include a person employed by an entity that provides photo enforcement system services. STATUS: DEAD. SB1319: CORP COMM; MUNICIPAL WATER; JURISDICTION SUMMARY: AZ Corporation Commission is given regulatory authority over municipal corporations that service and deliver water to customers outside the municipal limits. SPONSOR: Sen. Antenori STATUS: DEAD SB1313: INTERSECTION; DEFINITION SUMMARY: The definition of "intersection" includes the area within a crosswalk or beyond a designated stops line and does not include the junction of an alley or driveway with a roadway, unless controlled by traffic control device. SPONSOR: Sen. Antenori STATUS: DEAD. SB1315: PHOTO ENFORCEMENT TICKETS; SERVICE SUMMARY: Photo radar tickets must be served by personally delivering a copy of the complaint and ticket to person served with violation or by sending by certified mail, return receipt requested and delivered to addressee only. SPONSOR: Sen. Antenori SB1335: PROPERTY TAX LIMITS; LOCAL DISTRICTS SUMMARY: In 2013, the maximum amount of annual property tax levy by any school district or special taxing district cannot exceed an amount 2% greater than the amount levied the preceding tax year. SPONSOR: Sen. Melvin STATUS: DEAD SB1418: ENVIRONMENT; STATE PRIMACY; SECTION 404 SUMMARY: AZ Dept. of Environmental Quality is authorized to adopt a rule by permit program consistent with federal Clean Water Act for the discharge of dredged or fill materials into navigable waters. The Dept. is required to conduct a stakeholder process before adopting the rules to determine if partial or full assumption of the permit program is in the state's best interest. SPONSOR: Sen. Griffin STATUS: DEAD SB1422: WATER QUALITY PROGRAMS; FEES SUMMARY: The Department of Environmental Quality is required to establish by rule fees for design review services, reviewing and processing information on a determination of whether a pesticide has the potential to pollute the groundwater, and annual registration of public water systems. Fees deposited in the Water Quality Fee Fund. SPONSOR: Sen. Nelson STATUS: DEAD SB1484: PAYCHECK DEDUCTIONS; EMPLOYEE AUTHORIZATION SUMMARY: Prohibits public employers from deducting any third party payment from an employee's paycheck, unless the employee annually authorizes. Does not apply to contributions /deduction to public retirement systems. Eliminates the prohibition on private or public employer paycheck deductions for political purposes. SPONSOR: Sen. Biggs STATUS: DEAD SB1486: PUBLIC EMPLOYEES; ACTIVITIES; UNIONS; COMPENSATION SUMMARY: Public employers are prohibited from entering into any employment bargain with public employees or unions to compensate any public employee or third party for union activities. Any employment bargain including such compensation is declared void. The state attorney general is required to enforce this prohibition. SPONSOR: Sen. Murphy STATUS: DEAD SB1505: MUNICIPAL GOVERNMENTS; RULEMAKING SUMMARY: Would establish an administrative rule making process for cities and towns. SPONSOR: Sen. Burges STATUS: DEAD SCR1029: PHOTO RADAR PROHIBITION SUMMARY: The 2012 general election ballot is to carry the question of whether to prohibit local jurisdictions and state agencies from using photo enforcement. SPONSOR: Sen. Antenori STATUS: DEAD SCR1030: APPROPRIATION OF STATE REVENUES; LIMITATION SUMMARY: Upon voter approval, would modify the constitutional state expenditure limitation by adjusting prior year revenues by population and cost of living growth. SPONSOR: Sen. Antenori STATUS: DEAD SCR1031: PHOTO ENFORCEMENT; PROHIBITION SUMMARY: The proposed strike - everything amendment to SCR 1031, upon voter approval, would prohibit the use of photo enforcement systems in Arizona for speed limit enforcement. SPONSOR: Sen. Antenori STATUS: DEAD