HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 10-01-2019MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 1, 2019, at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana
Town Council and to the general public that the Town Council will hold a meeting open
to the public on October 1, 2019, at or after 7:00 PM located in the Council Chambers of
the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona.
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 electronic devices.
Meeting Times
Welcome to this Marana Town Council meeting. Regular Council meetings are usually
held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal
Complex, although the date or time may change and additional meetings may be called at
other times and/or places. Contact the Town Clerk 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 the Call to the Public or Public
Hearings, 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.
Marana Regular Council Meeting 10/01/2019 Page 1 of 107
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. Persons with a disability may
request a reasonable accommodation, such as a sign language interpreter, by contacting
the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange
the accommodation.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council
Chambers or online at www.maranaaz.gov under Agendas and Minutes. For questions
about the Council meetings, special services or procedures, please contact the Town
Clerk, at (520) 382-1999, Monday through Friday from 8:00 AM to 5:00 PM.
This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana
Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100
W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes.
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 within the jurisdiction of the Town Council, except for items scheduled for a
Public Hearing at this meeting. 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. 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, and
may ask staff to review the matter, or may ask that the matter be placed on a future
agenda.
PROCLAMATIONS
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PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally
routine items not requiring Council discussion. A single motion and affirmative vote
will approve all items on the Consent Agenda, including any resolutions or ordinances.
Prior to a motion to approve the Consent Agenda, any Council member may remove
any item from the Consent Agenda and that item will be discussed and voted upon
separately.
C1 Relating to Procurement; approving a change order to the Pavex Corp.
construction contract for the Airport Rehabilitation of Taxiways, Tie Downs,
Helicopter Pad, and Terminal Apron (AP025) in the amount of $169,917.97;
authorizing the transfer of appropriations if necessary for the change order; and
authorizing the Town Manager or designee to execute the necessary documents
to effectuate the change order (Steve Miller)
C2 Resolution No. 2019-095: Relating to Finance; approving the update to the
Town of Marana Investment Policy (Yiannis Kalaitzidis)
C3 Resolution No. 2019-096: Relating to Personnel; approving and adopting
amendments to the Town's Personnel Policies and Procedures, revising Chapter
3 - Classification and Compensation, Chapter 4 - Employment Benefits and
Leaves, Chapter 6 - Performance Management and Employee Development,
and Chapter 8 - Termination of Employment (Curry Hale)
C4 Resolution No. 2019-097: Relating to Administration; authorizing the transfer of
up to $70,000 in budgeted expenditure authority in park impact fees from the
Parks Department Master Plan project (PK028) to the Santa Cruz SUP at
CalPortland Project (PK023) in the fiscal year 2019-2020 budget for the
acquisition of real property along the Santa Cruz shared use path adjacent to
CalPortland (Yiannis Kalaitzidis)
C5 Resolution No. 2019-098: Relating to Administration; authorizing the transfer of
up to $125,000 in budgeted expenditure authority of General Funds from the
Parks Master Plan project (PK028) to the Honea Heights Park project (PK024) in
the fiscal year 2019-2020 budget for unanticipated costs (Yiannis Kalaitzidis)
C6 Approval of the Council Study Session Meeting Summary Minutes of
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C6 Approval of the Council Study Session Meeting Summary Minutes of
September 17, 2019 and the Regular Council Meeting Summary Minutes of
September 10, 2019 (Cherry Lawson)
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding a new series #12 restaurant liquor
license application submitted by Travis Harley Miller on behalf of Serial
Grillers, located at 5560 W. Cortaro Farms Road Marana, Arizona 85742.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A1 Resolution No. 2019-099: Relating to the Police Department; approving and
authorizing the Town Manager to execute grant agreement number: GFR
AZ911-20-007T between the State of Arizona, acting through the Arizona
Department of Administration, Office of Grants and Federal Resources (GFR)
and the Town of Marana, acting as System Administrator for the Pima County
9-1-1 System, for grant funding for the Arizona 9-1-1 Program Text-to-9-1-1
Services Fund (Jane Fairall)
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1 Relating to Development and Public Works; update, discussion, and possible
direction regarding public and private projects and development applications
on the Town’s Marana Current and Proposed Projects internet site (Jason Angell)
D2 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 the other governmental
bodies (Jamsheed Mehta)
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town
representatives, or consultation for legal advice with the Town Attorney,
concerning any matter listed on this agenda for any of the reasons listed in
A.R.S. §38-431.03 (A).
E2 Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider the
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E2 Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider the
Council’s position and instruct the Town’s attorneys regarding negotiations
for the amendment or enforcement of the Villages of Tortolita Development
Agreement recorded in the Pima County Recorder’s office on April 16, 2018 at
Sequence 20181060069 and in the Pinal County Recorder’s office on April 17,
2018 at Fee Number 2018-028230.
E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider the
Council’s position and instruct the Town’s attorneys regarding settlement
discussions to resolve litigation in Mandarina v. Town of Marana, Pima
County Superior Court case number C20161982, and Town of Marana v.
Mandarina, Pima County Superior Court case number C20184425.
FUTURE AGENDA ITEMS
Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, pursuant to Marana Town Code Section 2-4-2(B).
ADJOURNMENT
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Council-Regular Meeting C1
Meeting Date:10/01/2019
To:Mayor and Council
Submitted For:Steve Miller, Airport Manager
From:Dan Grossman, CIP Process Analysis
Date:October 1, 2019
Strategic Plan Focus Area:
Not Applicable
Subject:Relating to Procurement; approving a change order to the Pavex Corp.
construction contract for the Airport Rehabilitation of Taxiways, Tie
Downs, Helicopter Pad, and Terminal Apron (AP025) in the amount of
$169,917.97; authorizing the transfer of appropriations if necessary for
the change order; and authorizing the Town Manager or designee to
execute the necessary documents to effectuate the change order (Steve
Miller)
Discussion:
Marana Town Code Section 3-4-7(B)(4) provides that Town Council approval is
necessary for change orders that individually or cumulatively exceed $50,000.
The budget for fiscal year 2019-2020 was adopted on June 18, 2019. The Airport
Rehabilitation of Taxiways, Tie Downs, Helicopter Pad, and Terminal Apron (AP025)
project was properly included within the Town of Marana’s FY2020 Capital
Improvement Plan. The final, revised budget amount for the project is $6,758,371.00.
The Town and Pavex Corp. entered into a construction contract in the amount of
$4,676,686.00 to construct the project.
The Town has processed four previous change orders to the Pavex Corp. construction
contract totaling $403,377.86, bringing the total current construction contract amount to
$5,080,063.86.
The following construction activity is the result of unknown conditions under the
asphalt, a change in subgrade stabilization, and additional items that are outside the
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scope of the original purchase order. These additional items will require a change order
in the amount of $169,917.97.
Upon removal of the asphalt pavement unknown conditions were found that were
outside the original construction contract. In various locations hard subgrade has
been encountered; this subgrade will require pulverization and is outside the
original construction contract requirements.
1.
Removal on an existing building foundation; and miscellaneous removals (such as a
septic tank and concrete).
2.
The original plans included adjusting the pull boxes to the new pavement grades or
leaving them at existing grades and placing new pavement around them. Upon
removal of the existing pavement, the pull boxes were found to be damaged and
were not adequate to support traffic in areas where they are subject to aircraft and
ground vehicle wheel loads.
3.
The contract originally specified that lime treatment was to be used to stabilize the
subgrade; however, this approach has been found to be unsatisfactory. This change
order deducts the corresponding items for lime treatment in the base bid (Terminal)
and Alternate 1 (General Aviation Parking Area) and adds new items for more
robust treatment - cement treated subgrade. Cement treated subgrade was further
required on the south side of Building 87, which did not originally have
provisions for subgrade stabilization, due to poor soils. Lastly, the change order
provides for removal of an existing slab of concrete pavement that was deteriorated
and replacement with asphalt paving.
4.
Pavement near a hangar (Building 76) has been determined to be severely
distressed. This area is outside the bounds of the original scope of work.
5.
New aircraft tie-down chains are needed to replace existing tie-downs that are
missing or have become unserviceable.
6.
Upon removal of the asphalt pavement and aggregate base in phase C1, a layer of
hard subgrade, not evident on the geotechnical boring logs, was discovered. This
material appeared to be existing lime- or cement-treated subgrade and could not be
graded satisfactorily. As a result, the contractor was required to pulverize it to a
smaller gradation in order to perform grading activity.
7.
Replacement of an unmarked utility conduit south of Building 104.8.
Re-grading the area south of Building 87 after replacement of a utility line by
Southwest Gas.
9.
Additional scope resulting from changes to the grading plans.10.
Removing concrete from the foundations of several hangar buildings that interfered
with the limits of the work zone.
11.
This change order will bring the construction contract to a total of $5,249,981.83. At the
close of the project, staff will be requesting reimbursement from the FAA of its 91.06%
portion, in the amount of $154,727.30 and ADOT’s 4.47% portion, in the amount of
$7,595.33.
Financial Impact:
Fiscal Year:2020
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Budgeted
Y/N:
Yes
Amount:$169,917.97
This change order will be funded with Airport Capital Funds, GL Account
#52592000-8015-AP025.
Staff Recommendation:
Staff recommends approval of the change order.
Suggested Motion:
I move to approve a change order to the Pavex Corp. contract for the Airport
Rehabilitation of Taxiways, Tie Downs, Helicopter Pad, and Terminal Apron project
(AP025) in the amount of $169,917.97; to authorize the transfer of appropriations if
necessary for the change order; and to authorize the Town Manager or designee to
execute the necessary documents to effectuate the change order.
Attachments
No file(s) attached.
Marana Regular Council Meeting 10/01/2019 Page 8 of 107
Council-Regular Meeting C2
Meeting Date:10/01/2019
To:Mayor and Council
From:Yiannis Kalaitzidis, Finance Director
Date:October 1, 2019
Strategic Plan Focus Area:
Community, Progress & Innovation
Strategic Plan Focus Area Additional Info:
Community Principle Statement 1: We will maintain a safe and well-managed
community.
Innovation Principle Statement 3: We will support an efficient and effective business
model focused on service delivery by aligning our organizational culture and internal
processes and procedures to reflect industry best practices.
Subject:Resolution No. 2019-095: Relating to Finance; approving the update to the
Town of Marana Investment Policy (Yiannis Kalaitzidis)
Discussion:
Staff is requesting approval of an update to the Town's Investment Policy to modernize
language, clarify requirements, and to better align the Town’s policy with Arizona
Revised Statutes, peer cities and towns, and Government Finance Officers Association
(GFOA) best practices. Proposed changes will also enhance the portfolio’s
diversification and yield.
If approved, this will be the first update to the Town’s Investment Policy since February
15, 2000, when it was approved by Resolution No. 2000-17. State law has changed since
the last update to include additional allowable investment types such as corporate bonds
and notes and commercial paper.
The proposed policy maintains the Town’s existing investment philosophy and
objectives while expanding and updating several topics including standards of care,
delegation of authority, authorized financial institutions, brokers/dealers and
depositories, suitable and authorized investments and investment parameters, and
reporting. To attain the Town’s objectives, the policy allows only certain fixed income
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securities, recommends diversification in the portfolio composition, and imposes
maturity limitations.
The following are the essential areas covered in the recommended policy update:
Investment philosophy and objectives — design and manage an investment
portfolio with the objective of attaining a market rate of return while safeguarding
the Town’s funds through an appropriate level of diversification and allowing for
sufficient liquidity to meet all ongoing cash requirements
Investment authority — Town Council maintains responsibility for the investment
policy and the portfolio and authorizes the Finance Director to manage the
investment program under the direction of the Town Manager
Authorized investments — list of authorized investments is updated to allow for
inclusion of all investment types allowed under state statute
Investment guidelines and compliance — established to mitigate credit risk and
market risk in the Town’s portfolio
Reporting — establishes periodic reporting to Council and Town management
The policy applies to all activities with regard to investing the Town’s financial assets of
all funds, including those of the newly created self-insurance trust funds for medical and
dental benefits.
The Town’s investment advisor, PFM, is in support of the recommended policy update
as described above.
A copy of the proposed update to the policy is attached. A minor change was made to
the proposed policy presented to Council on September 10. Banker's acceptance
securities were removed from the policy as the securities are not available in the market.
Staff Recommendation:
Staff recommends adoption of Resolution No. 2019-095, approving the updated Town of
Marana Investment Policy.
Suggested Motion:
I move to adopt Resolution No. 2019-095, approving the updated Town of Marana
Investment Policy.
Attachments
Resolution No. 2019-095
Updated Investment Policy
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00065775.DOCX /1
Marana Resolution No. 2019-095 9/23/2019 10:50 AM
MARANA RESOLUTION NO. 201 9-095
RELATING TO FINANCE; APPROVING THE UPDATE TO THE TO WN OF
MARANA INVESTMENT PO LICY
WHEREAS the Town of Marana Investment Policy was adopted in February
2000 by Resolution No. 2000 -17; and
WHEREAS Town staff has proposed an update to the Investment Policy to
modernize language and clarify requirements, to enhance the portfolio’s diversification
and yield , to better align the policy with peer cities and towns and Government Finance
Officers Association best practices, and to take advantage of elements now allowed
under Arizona Revised Statutes; and
WHEREAS the Mayor and Council of the Town of Marana find that this
resolution is in the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, that the updated Town of Marana Investment Policy
attached as Exhibit A to this resolution is hereby adopted, and the Town Manager and
staff are hereby directed and authorized to undertake all other and further tasks
required or beneficial to carry out the terms and objectives of the updated policy.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of October, 2019.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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Investment Policy
10/1/2019
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Revised 10/01/2019 Page 1 of 13
Contents
I. Introduction ............................................................................................................................ 3
II. Governing Authority.............................................................................................................. 3
III. Scope .................................................................................................................................. 3
IV. General Objectives ........................................................................................................... 3
A. Safety .................................................................................................................................. 3
B. Liquidity ............................................................................................................................... 4
C. Yield ..................................................................................................................................... 4
V. Standards of Care ................................................................................................................. 4
A. Prudence ............................................................................................................................ 4
B. Ethics and Conflicts of Interest ......................................................................................... 4
C. Delegation of Authority and Responsibilities ................................................................. 4
1. Governing Body ............................................................................................................. 4
2. Investment Officers ........................................................................................................ 5
3. Investment Adviser ........................................................................................................ 5
VI. Authorized Financial Institutions, Broker/Dealers, and Depositories ........................... 5
A. Authorized Financial Institutions ....................................................................................... 5
B. Broker/Dealers .................................................................................................................... 6
C. Depositories ........................................................................................................................ 6
D. Competitive Transactions ................................................................................................. 6
VII. Safekeeping and Custody ............................................................................................... 7
A. Delivery versus Payment ................................................................................................... 7
B. Third-Party Safekeeping .................................................................................................... 7
C. Internal Controls ................................................................................................................. 7
VIII. Suitable and Authorized Investments ............................................................................. 7
A. Investment Types and Credit Guidelines ....................................................................... 7
B. Investment Downgrade .................................................................................................... 8
C. Collateralization ................................................................................................................. 8
1. Authorized Collateral .................................................................................................... 8
2. Required Collateral ....................................................................................................... 9
IX. Investment Parameters ..................................................................................................... 9
A. Mitigating Credit Risk in the Portfolio .............................................................................. 9
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Revised 10/01/2019 Page 2 of 13
1. Diversification ................................................................................................................. 9
B. Mitigating Market Risk in the Portfolio ........................................................................... 10
X. Performance Evaluation .................................................................................................... 11
XI. Reporting .......................................................................................................................... 11
A. Quarterly & Annual Report ............................................................................................. 11
B. Annual Audit .................................................................................................................... 11
XII. Policy Considerations ...................................................................................................... 12
A. Approval of Investment Policy ....................................................................................... 12
B. Exemption ......................................................................................................................... 12
C. Annual Policy Review ...................................................................................................... 12
D. Amendments.................................................................................................................... 12
XIII. Glossary ............................................................................................................................. 13
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TOWN OF MARANA
INVESTMENT POLICY
I. Introduction
The intent of the Investment Policy of the Town of Marana is to define the parameters within which funds
are to be managed. In methods, procedures, and practices, the policy formalizes the framework for the Town
of Marana investment activities that must be exercised to ensure effective and judicious fiscal and
investment management of the Town of Marana funds. The guidelines are intended to be broad enough to
allow the Investment Officer to function properly within the parameters of responsibility and authority, yet
specific enough to adequately safeguard the investment assets.
II. Governing Authority
The investment program shall be operated in conformance with federal, state, and other legal requirements,
including those outlined in Arizona Revised Statutes Title 35, Chapter 2, Article 2.1.
III. Scope
This policy applies to activities of the Town of Marana, including funds held in Trust by the Town, such as
the Self-Insurance Trust funds, with regard to investing the financial assets of all funds. In addition, funds
held by trustees or fiscal agents are excluded from these rules; however, all funds are subject to regulations
established by the state of Arizona. The covered funds, and any new funds created by the Town of Marana,
unless specifically exempted by the Town Council of the Town of Marana and this policy, are defined in
the Town of Marana Comprehensive Annual Financial Report.
Except for funds in certain restricted and special funds, the Town of Marana commingles its funds to
maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping,
and administration. Investment income will be allocated to the various funds based on their respective
participation and in accordance with generally accepted accounting principles.
IV. General Objectives
The primary objectives, in priority order, of investment activities shall be:
A. Safety
Safety of principal is the foremost objective of the investment program. Investments shall
be undertaken in a manner that seeks to ensure the preservation of capital in the overall
portfolio. The goal will be to mitigate credit risk and interest rate risk through
diversification of security types, issuers, and maturity dates.
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Revised 10/01/2019 Page 4 of 13
B. Liquidity
The investment portfolio shall remain sufficiently liquid to meet all operating cash
requirements that may be reasonably anticipated.
C. Yield
The investment portfolio shall be designed with the objective of attaining a market rate of
return throughout budgetary and economic cycles, taking into account the investment risk
constraints of safety and liquidity needs.
V. Standards of Care
A. Prudence
The standard of prudence to be used by investment officials shall be the “prudent person”
standard and shall be applied in the context of managing an overall portfolio. Investment
Officers acting in accordance with written procedures and this Investment Policy and
exercising due diligence shall be relieved of personal liability for an individual security’s
credit risk or market price changes, provided deviations from expectations are reported in
a timely fashion and appropriate action is taken to control adverse developments.
The "prudent person" standard states that,
“Investments shall be made with judgment and care, under circumstances then prevailing,
which persons of prudence, discretion and intelligence exercise in the management of their
own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived.”
B. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall adhere to the conflict of
interest law set forth in A.R.S. Title §38-501 through §38-511 and shall refrain from
personal activity that could conflict with the proper execution and management of the
investment program, or that could impair their ability to make impartial investment
decisions. Employees and investment officials shall disclose any material interests in
financial institutions with which they conduct business. Disclosure shall be made to the
governing body. They shall further disclose any personal financial/investment positions
that could be related to the performance of the investment portfolio. Employees and
officers shall refrain from undertaking any personal investment transactions with the same
individual with whom business is conducted on behalf of the Town of Marana.
C. Delegation of Authority and Responsibilities
1. Governing Body
The governing body (Town Council) will retain ultimate fiduciary responsibility
for the portfolios. The governing body will receive quarterly reports, designate
Investment Officers, and periodically review the Investment Policy, making any
changes necessary by adoption.
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2. Investment Officers
Authority to manage the investment program is granted to the Finance Director
under the direction of the Town Manager, hereinafter referred to as Investment
Officer, and gives the Investment Officer the right to delegate all or part of this
investment authority.
Responsibility for the operation of the investment program is hereby delegated to
the Investment Officer who shall act in accordance with established written
procedures and internal controls for the operation of the investment program
consistent with this Investment Policy. Officers will prepare investment reports
and other special reports as may be deemed necessary.
All participants in the investment process shall seek to act responsibly as
custodians of the public trust. No officer or designee may engage in an investment
transaction except as provided under the terms of this policy and supporting
procedures.
3. Investment Adviser
The Town of Marana may engage the services of one or more external investment
managers to assist in the management of the Town’s investment portfolio in a
manner consistent with the Town’s objectives. Such external managers may be
granted discretion to purchase and sell investment securities in accordance with
this Investment Policy and to use their own approved broker dealer list. Such
managers must be registered under the Investment Advisers Act of 1940.
VI. Authorized Financial Institutions, Broker/Dealers, and
Depositories
A list will be maintained of financial institutions and depositories authorized to provide investment services.
In addition, a list will be maintained of approved security broker/dealers selected by conducting a process
of due diligence. These may include “primary” dealers or regional dealers that qualify under Securities and
Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule).
A. Authorized Financial Institutions
The Investment Officer shall determine which financial institutions are authorized to
provide investment services to the Town of Marana. Institutions eligible to transact
investment business with the Town of Marana include:
1. Primary government dealers as designated by the Federal Reserve Bank;
2. Nationally or state-chartered banks;
3. The Federal Reserve Bank; and,
4. Direct issuers of securities eligible for purchase.
Selection of financial institutions and broker/dealers authorized to engage in transactions
with the Town of Marana shall be at the sole discretion of the Town of Marana.
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A periodic review of the financial condition and registration of all qualified financial
institutions and broker/dealers will be conducted by the Investment Officer.
B. Broker/Dealers
All broker/dealers who desire to become qualified for investment transactions must supply
the following:
1. Audited financial statements demonstrating compliance with state and federal capital
adequacy guidelines
2. Proof of FINRA certification
3. Proof of state registration
4. Completed broker/dealer questionnaire (not applicable to Certificate of Deposit
counterparties)
5. Certification of having read and understood and agreeing to comply with the Town of
Marana Investment Policy.
6. Evidence of adequate insurance coverage.
If the Town of Marana uses the services of an investment advisor, then the advisor’s
approved broker/dealer list and process for monitoring may be used in place of the list
above.
C. Depositories
All financial institutions who desire to become depositories must supply the following:
1. Audited financial statements demonstrating compliance with state and federal capital
adequacy guidelines
2. Proof of state registration
3. Evidence of adequate insurance coverage
D. Competitive Transactions
1. The Investment Officer shall obtain competitive bid information on all purchases of
investment instruments purchased on the secondary market. A competitive bid can be
executed through a bidding process involving at least three separate brokers/financial
institutions or through the use of a nationally recognized trading platform.
2. If the Town is offered a security for which there is no readily available competitive
offering on the same specific issue, then the Investment Officer shall document
quotations for comparable or alternative securities. When purchasing original issue
instrumentality securities, no competitive offerings will be required as all dealers in
the selling group offer those securities at the same original issue price.
3. If the Town hires an investment adviser to provide investment management services,
the adviser must provide documentation of competitive pricing execution on each
transaction. The investment adviser will retain documentation and provide upon
request.
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Revised 10/01/2019 Page 7 of 13
VII. Safekeeping and Custody
A. Delivery versus Payment
All trades of marketable securities will be executed (cleared and settled) on a delivery
versus payment (DVP) basis to ensure that securities are deposited in the Town of Marana
safekeeping institution prior to the release of funds.
B. Third-Party Safekeeping
Securities will be held by an independent third-party safekeeping institution selected by
the Town of Marana. All securities will be evidenced by safekeeping receipts in the Town
of Marana name. The safekeeping institution shall annually provide a copy of its most
recent report on internal controls—Service Organization Control Reports (formerly 70, or
SAS 70) prepared in accordance with the Statement on Standards for Attestation
Engagements (SSAE) No. 16.
C. Internal Controls
Management is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the Town of Marana are protected from loss, theft, or
misuse.
The internal control structure shall be designed to provide reasonable assurance that these
objectives are met. The concept of reasonable assurance recognizes that the cost of a
control should not exceed the benefits likely to be derived and the valuation of costs and
benefits requires estimates and judgments by management. The internal controls shall
address the following points at a minimum:
1. Control of collusion;
2. Separation of transaction authority from accounting and recordkeeping;
3. Custodial safekeeping;
4. Clear delegation of authority to subordinate staff members;
5. Written confirmation of transactions for investments and wire transfers;
6. Dual authorizations of wire transfers;
7. Staff training; and,
8. Review, maintenance and monitoring of security procedures both manual and
automated.
The external auditor shall provide an annual independent review to assure compliance with
state law, policies, and procedures.
VIII. Suitable and Authorized Investments
A. Investment Types and Credit Guidelines
The following investments will be permitted by this policy and are those defined by state
and local law where applicable. If additional types of securities are approved for investment
by public funds by state statute, they will not be eligible for investment by the Town of
Marana until this Policy has been amended and the amended version adopted by the
governing body. Permitted securities include:
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1. U.S. Treasury and other government obligations that carry the full faith and credit
guarantee of the United States for the payment of principal and interest;
2. Federal Agency or U.S. government sponsored enterprises (GSE) obligations,
issued or guaranteed by the United States or any of the senior debt of its agencies,
sponsored agencies, corporations, sponsored corporations or instrumentalities.;
3. Federally insured time deposits (Non-negotiable certificates of deposit) in state or
federally chartered banks, savings and loans, or credit unions, provided that the
amount per institution is limited to the maximum covered under federal insurance;
4. Time deposits (Non-negotiable certificates of deposit) in state or federally
chartered banks, savings and loans, or credit unions in excess of insured amounts
which are fully collateralized with securities in accordance with state law;
5. Negotiable certificates of deposit (NCDs) issued by a nationally or state-chartered
bank or savings and loan association. Securities must be rated in the highest short-
term or three highest long-term ratings categories by a NRSRO: A-1/P-1, A-/A3, or
equivalent;
6. Commercial paper rated in the highest tier (e.g., A1, P1, F1, or higher) by a NRSRO.
All commercial paper must be issued by corporations organized and doing business
in the United States;
7. Fully collateralized repurchase agreements collateralized in compliance with this
Policy, governed by a SIFMA Master Repurchase Agreement, and with a maximum
maturity of one hundred eighty days. Capital project funds may be invested in a single
flex repurchase agreement with a maximum stated maturity that shall be matched to
the expenditure plan;
8. Bonds, debentures, notes or other evidences of indebtedness that are denominated
in United States dollars and carry at a minimum an “AA-” the equivalent or better
rating, at the time of purchase, from at least two NRSROs.
9. Bonds or other evidences of indebtedness of this state, county or incorporated cities,
towns, or school districts which carry as a minimum “AA-” rating or its equivalent by
a NRSRO;
10. SEC registered money market mutual funds, Funds must have the highest fund
rating by all NRSROs who rate the fund (e.g., AAAm/Aaa-mf, or the equivalent);
and,
11. Local government investment pools established by the state treasurer pursuant
to A.R.S §35-326.
B. Investment Downgrade
If the credit rating of a security is subsequently downgraded below the minimum rating
level for a new investment of that security, the Investment Officer shall evaluate the
downgrade on a case-by-case basis in order to determine if the security should be held or
sold. The Investment Officer will apply the general objectives of safety, liquidity, yield,
and legality to make the decision.
C. Collateralization
Where allowed or required by state law and in accordance with state law, full
collateralization will be required on all demand deposit accounts, including checking
accounts and negotiable and non-negotiable certificates of deposit.
1. Authorized Collateral
Acceptable collateral for bank deposits and repurchase agreements shall include
only:
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a) A bond executed by a surety company that is approved by the treasury
department of the United States and authorized to do business in this state.
The bond shall be approved as to form by the legal advisor of the treasurer.
b) Securities or instruments of the following character:
(1) Obligations of the U.S. Government, its agencies and GSEs,
(2) Obligations of any state, city, county, or authority rated at least
“AA-” by two nationally recognized statistical rating
organizations.
2. Required Collateral
Per the statutory requirements of ARS § 35-323, collateral of at least 102% of the
deposit amount in excess of federally insured limits must be delivered to the
Collateral Agent prior to the settlement of funds.
IX. Investment Parameters
A. Mitigating Credit Risk in the Portfolio
Credit risk is the risk that a security or a portfolio will lose some or all of its value due to
a real or perceived change in the ability of the issuer to repay its debt. The Town of Marana
shall mitigate credit risk by adopting the following:
1. Diversification
It is the policy of the Town of Marana to diversify its investment portfolios. To
eliminate risk of loss resulting from the over-concentration of assets in a specific
maturity, issuer, or class of securities, assets in all Town of Marana funds shall be
diversified by maturity, issuer, and class of security. Diversification strategies shall
be determined and revised periodically by the Investment Officer for all funds.
Sector
Quality
Criteria
Maturity
Limit
Asset
Class
Limit
Portfolio
Issuer Limit
U.S. Treasury and other
government obligations
Full faith and
credit of U.S.
Up to 60
months 100% Unlimited
Federal Agency or U.S.
government sponsored
enterprises (GSE)
obligations
S&P: AA-
MDY: Aa3
Fitch: AA-
Up to 60
months 100% Up to 25%
Federally insured time
deposits
Within the
current FDIC
insurance limit
Up to 60
months 100%
Within the
current FDIC
insurance
limit
Time deposits
S&P: A-
MDY: A3
Fitch: A-
Up to 30
months 100% Lesser of 5%
or $5mm
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Sector
Quality
Criteria
Maturity
Limit
Asset
Class
Limit
Portfolio
Issuer Limit
Negotiable certificates of
deposit
S&P: A-
MDY: A3
Fitch: A-
Up to 30
months 50% Lesser of 5%
or $5mm
Commercial paper S&P: A1
MDY: P1
Up to 270
days 50% Lesser of 5%
or $5mm
Fully collateralized
repurchase agreements
Collateralized
by US Treasury
Agencies and
Agency MBS
Up to 180
Days 25% Up to 20%
Bonds, debentures, notes or
other evidences of
indebtedness that are
denominated in US dollar
S&P: AA-
MDY: Aa3
Fitch: AA-
Up to 60
months 40% Lesser of 5%
or $5mm
Bonds or other evidences of
indebtedness of this State or
political subdivisions
S&P: AA-
MDY: Aa3-
Fitch: AA-
Up to 60
months 25% Lesser of 5%
or $5mm
Money market mutual
funds
S&P: AAAm
MDY: Aaa
Fitch: AAAmmf
Up to 90
days
WAM
20% 10%
Local government
investment pools N/A
Up to 90
days
WAM
100% Unlimited
Due to fluctuations in the aggregate surplus funds balance, maximum percentages
for a particular issuer or investment type may be exceeded at a point in time
subsequent to the purchase of a particular issuer or investment type. Securities need
not be liquidated to realign the portfolio; however, consideration should be given
to this matter when future purchases are made to ensure that appropriate
diversification is maintained.
B. Mitigating Market Risk in the Portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general
level of interest rates. The Town of Marana recognizes that, over time, longer-term/core
portfolios have the potential to achieve higher returns. On the other hand, longer-term
portfolios have higher volatility of return. The Town of Marana shall mitigate market risk
by providing adequate liquidity for short-term cash needs, and by making longer-term
investments only with funds that are not needed for current cash flow purposes. The Town
of Marana further recognizes that certain types of securities, including variable rate
securities, securities with principal pay downs prior to maturity, and securities with
embedded options, will affect the market risk profile of the portfolio differently in different
interest rate environments. The Town of Marana, therefore, adopts the following strategies
to control and mitigate its exposure to market risk:
1. The Town of Marana shall maintain a minimum of three months of budgeted operating
expenditures in short-term investments to provide sufficient liquidity for expected
disbursements;
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2. The maximum percent of callable securities in the portfolio shall be 15%;
3. The maximum stated final maturity of individual securities in the portfolio shall be five
years;
4. Liquidity funds will be held in the State Pool or in money market instruments maturing
one year and shorter;
5. Longer term/Core funds will be defined as the funds in excess of liquidity
requirements. The investments in this portion of the portfolio will have maturities
between one day and five years and will be only be invested in higher quality and liquid
securities; and,
6. The duration of the portfolio shall at all times be approximately equal to the duration
(plus or minus 10%) of a Market Benchmark Index selected by the Town of Marana
based on the Town of Marana investment objectives, constraints and risk tolerances.
The Town’s current Benchmark shall be documented in an agreement.
i) Due to fluctuations in the aggregate surplus funds balance, maximum
percentages for a particular issuer or investment type may be exceeded at a
point in time subsequent to the purchase of a particular issuer or investment
type. Securities need not be liquidated to realign the portfolio; however,
consideration should be given to this matter when future purchases are made.
X. Performance Evaluation
The investment portfolio will be managed in accordance with the parameters specified within this policy.
The portfolio should obtain a market average rate of return during a market/economic environment of stable
interest rates. A series of appropriate benchmarks shall be established against which portfolio performance
shall be compared on a regular basis. The benchmarks shall be reflective of the actual securities being
purchased and risks undertaken and the benchmarks shall have a similar weighted average maturity and
credit profile as the portfolio. Return comparisons of the portfolio to the market benchmark will be
calculated on a monthly basis. When comparing the performance of the Town’s portfolio, all fees and
expenses involved with managing the portfolio shall be included in the computation of the portfolio’s rate
of return.
XI. Reporting
A. Quarterly & Annual Report
The Investment Officer shall submit quarterly and annual reports to the Town Manager and
Town Council showing the make-up of the investment portfolio and return for the period.
The report should also contain sufficient information to permit an informed outside reader
to evaluate the compliance of the investment program with this policy. Internal investment
reports will be produced on a monthly basis
B. Annual Audit
Management shall establish an annual process of independent review by the external
auditor to assure compliance with internal controls. Such audit will include tests deemed
appropriate by the auditor.
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XII. Policy Considerations
A. Approval of Investment Policy
The Investment Policy and any modifications to the policy shall be formally approved and
adopted by the Town Council of the Town of Marana
B. Exemption
Any investment currently held that does not meet the guidelines of this policy shall be
temporarily exempted from the requirements of this policy. Investments must come in
conformance with the policy within six months of the policy’s adoption or the governing
body must be presented with a plan through which investments will come into
conformance.
C. Annual Policy Review
The Investment Policy shall be reviewed at least annually within 120 days of the end of the
fiscal year to ensure its consistency with the overall objectives of preservation of principal,
liquidity, and yield, and its relevance to current law and financial and economic trends.
D. Amendments
Any changes to this policy must be approved by the Investment Officer and any other
appropriate authority, as well as the individuals charged with maintaining internal controls.
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XIII. Glossary
US Treasury Obligation Direct obligations of the United States Treasury whose payment is guaranteed
by the United States. (State Statute Note)
GSE – Agency Obligations US Government Agencies, Government Sponsored Enterprises (GSEs),
Corporations or Instrumentalities of the US Government—Federal Instrumentality Securities include, but
are not limited to, Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage
Corporation (FHLMC), Federal Home Loan Banks (FHLB), and the Federal Farm Credit Bureau (FFCB).
(State Statute)
Commercial Paper Commercial Paper that is rated A1/P1 and has long-term bonds which have a minimum
rating of AA- by Standard and Poor’s and Aa3 by Moody’s.
Repurchase Agreements An agreement with an approved broker/dealer that provides for sell and
simultaneous purchase of an allowable collateral security. The difference in the sales and purchase price is
the earning rate on the agreement. A master repurchase agreement must be in place with the approved
broker/dealer.
Corporate Indebtedness Corporate Indebtedness that has a minimum long-term debt rating of A- rated
by Standard and Poor’s and a A3 rating by Moody’s or equivalent rating by any nationally recognized
statistical rating organization.
Local Government Investment Pool State treasurer's local short-term investment fund up to the statutory
limit per state statute
Certificates of Deposit/Bank Deposit/Savings Accounts
Time deposit open accounts, certificates of deposit, and savings accounts in insured institutions as defined
in State Statute, in credit unions as defined in State statute or in federal credit unions, if the institution or
credit union maintains a head office or a branch in this state. [State Statute lawfully issued debt obligations
of the agencies and instrumentalities of the State of Arizona and its political subdivisions that have a long-
term rating of A- or an equivalent rating or better or are rated on the settlement date in the highest category
for short-term municipal debt by a nationally recognized statistical rating organization.]
Marana Regular Council Meeting 10/01/2019 Page 25 of 107
Council-Regular Meeting C3
Meeting Date:10/01/2019
To:Mayor and Council
From:Curry C. Hale, Human Resources Director
Date:October 1, 2019
Strategic Plan Focus Area:
Progress & Innovation
Subject:Resolution No. 2019-096: Relating to Personnel; approving and adopting
amendments to the Town's Personnel Policies and Procedures, revising
Chapter 3 - Classification and Compensation, Chapter 4 - Employment Benefits
and Leaves, Chapter 6 - Performance Management and Employee
Development, and Chapter 8 - Termination of Employment (Curry Hale)
Discussion:
This item proposes revisions to the Town's Personnel Policies and Procedures as follows:
1. Chapter 3 - Classification and Compensation is amended to add Policy 3-12
"Employee Disbursements". This policy change will give the Town authority to make
disbursements to employees through direct deposit, rather than by check. This policy
change is consistent with Council's previous amendment to the Personnel Policies to
authorize employee pay checks being paid by direct deposit.
2. Chapter 4, Section 4-10-3 "Employee Assistance Program" is amended to add
short-term temporary employees as employees who can receive services through the
Town's Employee Assistance Program.
3. Chapter 6, Section 6-1-1 "Initial Evaluation Period" proposes the initial evaluation
period be increased from six months to twelve months for all Town employees, with the
exception of the Police Department employees. This change will allow cyclical
classification to be evaluated during their peak seasons. Additionally, the amendment
proposes that all Police Department employees required to begin their employment with
the town by attending a police academy will have an initial evaluation increased from 16
months to 20 months to allow for additional time to conduct field training.
Marana Regular Council Meeting 10/01/2019 Page 26 of 107
4. Chapter 8, Section 8-4-3 "Compensation and Benefits" proposes that if an employee is
re-employed within nine months, the employee's vacation accrual rate will be restored
to the same rate of accrual the employee had at the time of resignation. Currently, the
policy allows for reinstatement of the same vacation accrual rate if the employee is
re-employed within six months. This policy change is consistent with the current policy
allowing for sick leave and MTO leave balances being restored if re-employment occurs
within nine months.
Staff Recommendation:
Staff recommends approval and adoption of amendments to the Town's Personnel
Policies and Procedures, revising Chapter 3 - Classification and Compensation, Chapter
4 - Employment Benefits and Leaves, Chapter 6 – Performance Management and
Employee Development, and Chapter 8 – Termination of Employment.
Suggested Motion:
I move to adopt Resolution No. 2019-096, approving and adopting amendments to the
Town's Personnel Policies and Procedures, revising Chapter 3 - Classification and
Compensation, Chapter 4 - Employment Benefits and Leaves, Chapter 6 – Performance
Management and Employee Development, and Chapter 8 – Termination of Employment.
Attachments
Resolution No. 2019-096
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Marana Regular Council Meeting 10/01/2019 Page 27 of 107
Marana Resolution No. 2019-096
MARANA RESOLUTION NO. 201 9-096
RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO
THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPT ER 3 -
CLASSIFICATION AND COMPENSATION, CHAPTER 4 - EMPLOYMENT BENEFITS
AND LEAVES, CHAPTER 6 – PERFORMANCE MANAGEMENT AND EMPLOYEE
DEVELOPMENT, AND CHAPTER 8 – TERMINATION OF EMPLOYMENT
WHEREAS Chapter 3-3 of the Marana Town Code provides that the Town
Council may adopt personnel policies, rules, and regulations that follow the generally
accepted principles of good personnel administration and which may be modified or
changed from time to time; and
WHEREAS the Town Council adopted Personnel Policies and Procedures via
Town of Marana Ordinance 99.12 and Resolution 99 -38 on May 18, 1999; and
WHEREAS the Council finds that adoption of the amendments to the Town’s
Personnel Policies and Procedures as set forth in this resolution is in the best interests of
the Town and its employees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Chapter 3 of the Town’s Personnel Policies and Procedures, entitled
“Classification and Compensation”, is hereby amended as set forth in Exhibit A at-
tached to this resolution, with additions shown with double underlining .
SECTION 2. Section 4-10-3 of the Town’s Personnel Policies and Procedures, en-
titled “Employee Assistance Program”, is hereby amended as set forth in Exhibit B at-
tached to and incorporated by this reference in this resolution, wit h deletions shown
with strikeouts and additions shown with double underlining.
SECTION 3. Section 6-1-1 of the Town’s Personnel Policies and Procedures, enti-
tled “Initial Evaluation Period”, is hereby amended as set forth in Exhibit C attached to
and incorporated by this reference in this resolution, wit h deletions shown with
strikeouts and additions shown with double underlining .
SECTION 4. Section 8-4-3 of the Town’s Personnel Policies and Procedures, enti-
tled “Compensation and Benefits”, is hereby amended as set forth in Exhibit D attached
to and incorporated by this reference in this resolution, wit h deletions shown with
strikeouts and additions shown with double underlining.
Marana Regular Council Meeting 10/01/2019 Page 28 of 107
Marana Resolution No. 2019-096
SECTION 5. All ordinances, resolutions, or motions and parts of ordinances, res-
olutions, or motions of the Council in conflict with the provisions of this resolution are
hereby repealed, effective as of the effective date of this resolution .
SECTION 6. The Town’s manager and staff are hereby directed and authorized
to undertake all other and further tasks required or beneficial to carry out the terms, ob-
ligations, and objectives of the aforementioned amendments.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 1st day of October, 2019.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Regular Council Meeting 10/01/2019 Page 29 of 107
CHAPTER 3
CLASSIFICATION AND C OMPENSATION
00065749.DOCX /1 3 -1
[NO REVISIONS TO POLICIES 3 -1 THROUGH 3 -11]
POLICY 3 -12 EMPLOYEE DISBURSEMEN TS
All other disbursements made by the Finance Department to Town employees shall be through
direct deposit.
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CHAPTER 4
EMPLOYMENT BENEFITS AND LEAVES
00065753.DOCX /1 4 -1
[NO REVISIONS TO POLICIES 4 -1 THROUGH 4 -9]
POLICY 4 -10 GROUP BENEFITS
The Town of Marana provides group benefits coverage as determined by the Town Council for
eligible employees. The Human Resources Department is responsible for implementation and
administration of all group benefits and insurance plans.
[No revisions to Sections 4 -10-1 through 4 -10-2]
Section 4 -10-3 Employee Assistance Program
A. The Town provides an employee assistance program (EAP) to all regular full- and
part-time classified and unclassified employees, including those serving in an initial
evaluation period, and term-limited temporary employees, and short-term temporary
employees.
B. When an employee voluntarily seeks assistance from the EAP, confidentiality is
maintained. The Town will not be informed that help has been sought unless the
employee requests that the information be released.
C. When stress or personal problems interfere with job performance, the Town will
encourage and may require participation in the EAP in any of the following
circumstances:
1. When job-related and consistent with business necessity;
2. As part of an employee work improvement plan or development plan; or
3. To deal with job-related performance issues.
D. When participation is required, the EAP provider will maintain confidentiality and will
only verify that the employee has participated as required by the Town.
E. Use of the employee assistance program may be a condition of continued employment if
the Town’s drug and alcohol abuse policy is violated.
F. No employee will have his or her employment or promotional opportunities jeopardized
solely by participation in the EAP, nor will participation in the EAP protect the employee
from disciplinary action for substandard performance or misconduct.
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CHAPTER 4
EMPLOYMENT BENEFITS AND LEAVES
00065753.DOCX /1 4 -2
[No revisions to Section 4 -10-4]
[NO REVISIONS TO POLICIES 4 -11 THROUGH 4 -16]
Marana Regular Council Meeting 10/01/2019 Page 32 of 107
CHAPTER 6
PERFORMANCE MANAGEMENT AND EMPLOYEE
DEVELOPMENT
00065754.DOCX /1 6 -1
POLICY 6 -1 PERFORMANCE MANAGEMENT
The Town Manager shall establish a performance management program that relies on a system
of establishing goals, strategies and performance benchmarks for the organization and
identifying how individual and team efforts contribute to the overall achievemen t of Town
strategic objectives. At a minimum, the performance management program will link to Town -
wide goals and strategies, set appropriate expectations, share ongoing and timely feedback, and
provide opportunities for coaching. The Human Resources Director shall be responsible for
ensuring implementation of an employee performance management system in accordance with
this policy.
Section 6 -1-1 Initial Evaluation Period
A. The initial evaluation period is a period of time constituting the final step in the
screening process for appointment to a regular full- or part-time classified position.
B. Except as otherwise set forth in this section, the following employees shall serve in an
initial evaluation period:
1. All full- and part-time employees hired in a classified position.
2. All full- and part-time employees laterally transferred to a classified position in a
different classification title or in a different department than the employee was in
prior to transfer.
3. All full- and part-time employees demoted or promoted from one classified position
to another.
C. The duration of the initial evaluation period shall be as follows:
1. For employees in all departments except the Police Department, six 12 months from
the date of hire, transfer, demotion or promotion.
2. For all Police Department employees except those specified in subparagraph 3
below, 12 months from the date of hire, transfer, demotion or promotion.
3. For newly hired Police Department employees who will begin their employment
with the Town by attending a police academy, 16 20 months from the date of hire.
D. Notwithstanding the provisions of this section, the following employees will not be
required to complete an initial evaluation period:
1. An employee who is demoted, promoted or transferred due to a reclassification of a
position and who has been performing the duties of the reclassified position for six
12 months or longer prior to the reclassification.
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CHAPTER 6
PERFORMANCE MANAGEMENT AND EMPLOYEE
DEVELOPMENT
00065754.DOCX /1 6 -2
2. An employee who is laterally transferred or demoted if the employee has previously
completed an initial evaluation period in the same classification and in the same
department.
3. An employee who is laterally transferred or demoted if the lateral transfer or
demotion is due to a Town-initiated reorganization or restructuring.
E. Employees who are required to complete an initial evaluation period pursuant to this
section will not be considered finally appointed to a full- or part-time classified position
until successful completion of the initial evaluation period.
1. Successful completion of the initial evaluation period is evidenced by a performance
assessment which must be completed and reviewed at least two weeks prior to the
date that the employee’s initial evaluation period is scheduled to conclude.
2. Notwithstanding the two-week time frame discussed in this paragraph, managers
and supervisors shall review and discuss performance deficiencies with employees
as soon as possible to allow the employee the opportunity to correct the deficiencies
prior to the completion of the initial evaluation period.
F. Employees serving in an initial evaluation period are at -will employees as defined in
these Personnel Policies and Procedures. As such, during the initial evaluation period,
employment may be termina ted at any time, with or without cause.
1. The decision to terminate employment shall be made by the employee’s Department
Head or the chain of authority above the level of Department Head, where
applicable, after consultation with and approval by the Human R esources Director.
2. The employee must be notified in writing that he or she has failed to successfully
complete the initial evaluation period prior to the conclusion of the initial evaluation
period. If the employee is not notified of unsuccessful completion prior to the
conclusion of the initial evaluation period, the employee will be considered to have
successfully completed the initial evaluation period.
3. The decision to terminate employment during the initial evaluation period is not
subject to appeal under the personnel action review procedures set forth in Chapter
5 of these Personnel Policies and Procedures
G. Notwithstanding that an employee serving an in itial evaluation period as a lateral
transfer or due to a promotion is an at-will employee, the employee who does not
successfully complete the initial evaluation period in a transfer or promotion may be
restored to his or her former position. Such restoration is not mandatory, but is optional
at the discretion of the Town and within the limits of available authorized positions.
1. If an employee is restored to his or her former position, restoration shall include
restoration of the employee’s former pa y and all other benefits to which he or she
would have been entitled if the transfer or promotion had not occurred, except that
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CHAPTER 6
PERFORMANCE MANAGEMENT AND EMPLOYEE
DEVELOPMENT
00065754.DOCX /1 6 -3
any compensatory time that was paid out to an employee who transferred or
promoted into an exempt position will not be restored if the employee returns to a
non-exempt position.
H. The Human Resources Department is responsible for maintaining records of employee
appointments and promotions and the duration of initial evaluation periods.
Department heads or the chain of authority above the level of Department Head, where
applicable, are responsible for ensuring that training, informal feedback about
performance, and formal performance assessments are completed in a timely manner
during the initial evaluation period.
[No revisions to Sections 6 -1 -2 and 6-1-3]
[NO REVISIONS TO POLICIES 6 -2 THROUGH 6 -4]
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CHAPTER 8
TERMINATION OF EMPLOYMENT
00065762.DOCX /1 8 - 1
[NO REVISIONS TO POLICIES 8 -1 THROUGH 8 -3]
POLICY 8 -4 RE-EMPLOYMENT
[No revisions to Sections 8 -4-1 through 8 -4-2]
Section 8 -4 -3 Compensation and Benefits
A. An employee re-employed in his or her former position or in another position will be
subject to the compensation policies and practices for new hires regardless of the
employee’s previous compensation at the time of separation.
B. Future performance pay increases for a re-employed employee will be in accordance
with the performance ma nagement policies and procedures set forth in Chapter 6 of
these Personnel Policies and Procedures.
C. An employee re-employed in his or her former position or another position within six
nine months after the employee’s resignation will accrue vacation leave at the same
accrual rate as the employee accrued at the time of the employee’s resignation. In
addition, the employee’s previous Town service time will be credited toward the
employee’s length of service for purposes of vacation leave accrua l. However, the
time between resignation and re-employment will not be credited toward the length
of service for this purpose. The employee will not be required to serve the waiting
period described in Section 4-1 -5 of these Personnel Policies and Procedures before
using vacation.
D. An employee re-employed in his or her former position or another position within nine
months after the employee’s resignation shall have his or her previous accumulated sick
or MTO leave balance restored.
E. Depending upon the provider and the plan, separation and re -employment may be
considered a break in service for purposes of insurance benefits and the employee may
be required to serve the required waiting period before receiving insurance benefits.
[No revisions to Sections 8 -4-4 through 8 -4-7 ]
Marana Regular Council Meeting 10/01/2019 Page 36 of 107
Council-Regular Meeting C4
Meeting Date:10/01/2019
To:Mayor and Council
From:Yiannis Kalaitzidis, Finance Director
Date:October 1, 2019
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2019-097: Relating to Administration; authorizing the transfer
of up to $70,000 in budgeted expenditure authority in park impact fees from
the Parks Department Master Plan project (PK028) to the Santa Cruz SUP at
CalPortland Project (PK023) in the fiscal year 2019-2020 budget for the
acquisition of real property along the Santa Cruz shared use path adjacent to
CalPortland (Yiannis Kalaitzidis)
Discussion:
The budget for fiscal year 2019-2020 was adopted on June 18, 2019 and set the legal level
of budgetary control at the department level for the General Fund and at the fund level
for all other funds. Council approval is required for budgetary transfers between
General Fund departments and between funds, and for any transfer of contingency.
Further, per Town of Marana Code Title 3, separate Town Council approval is required
where the purchase is authorized in the adopted budget but the funds exceed the
budgeted amount by more than $50,000.
The purpose of this item is to request authority to transfer funds budgeted within the
same impact fee fund for a purchase that exceeds the budgeted amount. The following
provides additional detail on those costs and the Santa Cruz SUP at CalPortland.
After a feasibility study and successful negotiation with CalPortland to determine the
alignment of the Santa Cruz Shared Use Path located on the bank of the Santa Cruz river
adjacent to the CalPortland cement plant, the Town will be required to purchase land
from CalPortland for the construction of the Shared Use Path.
The cost of the land appraisal and the real property is estimated to be $70,000. This real
property expense was not anticipated in the fiscal year 2019-2020 budget. Therefore,
additional budget will need to be transferred to the project to fund the real property
Marana Regular Council Meeting 10/01/2019 Page 37 of 107
acquisitions. The Santa Cruz SUP at CalPortland project is scheduled for construction in
fiscal year 2020-2021.
If approved, the expenditure described above will not increase the amount of overall
budgeted expenditure capacity in the parks impact fee fund [3016].
Financial Impact:
Fiscal Year:2020
Budgeted Y/N:Y
Amount:$NA
The requested budget adjustment does not increase the overall expenditure amount in
the parks impact fee fund [3016]. The transfer would only reallocate existing budgetary
authority to other fund line item budgets.
Staff Recommendation:
Staff recommends approval of Resolution No. 2019-097; approving the transfer of up to
$70,000 in budgeted expenditure authority in park impact fees from the Parks
Department Master Plan project (PK028) to the Santa Cruz SUP at CalPortland Project
(PK023) for the acquisition of real property along the Santa Cruz shared use path
adjacent to CalPortland in the fiscal year 2019-2020 budget.
Suggested Motion:
I move to adopt Resolution No. 2019-097, approving the transfer of up to $70,000 in
budgeted expenditure authority in park impact fees from the Parks Department Master
Plan project (PK028) to the Santa Cruz SUP at CalPortland Project (PK023) in the fiscal
year 2019-2020 budget for the acquisition of real property along the Santa Cruz shared
use path adjacent to CalPortland.
Attachments
Resolution No. 2019-097
Marana Regular Council Meeting 10/01/2019 Page 38 of 107
Marana Resolution No. 2019-097 - 1 -
MARANA RESOLUTION NO. 201 9-097
RELATING TO ADMINISTRATION; AUTHORIZING THE TRANSFER OF UP T O
$70,000.00 IN BUDGETED EXPENDITURE AUTHORITY IN PARK IMPACT FEES
FROM THE PARKS DEPAR TMENT MASTER PLAN PR OJECT (PK028) TO THE
SANTA CRUZ SUP AT CALPORTLAND PROJECT (P K023) IN THE FISCAL YEAR
2019-2020 BUDGET FOR THE ACQUISITION OF REAL PROPERTY ALONG THE
SANTA CRUZ SHARED USE PATH ADJACENT TO CALPORTLAND
WHEREAS on June 18, 2019, the Town Council adopted the fiscal year 201 9-2020
budgetary document and overall financial plan which set the legal level of budgetary
control at the department level for the General Fund and at the fund level for all other
funds; and
WHEREAS the Parks Department incurred unanticipated costs which could not
be offset by savings within other budgetary line items; and
WHEREAS transferring amounts within the fiscal year 2019 -2020 budget will not
significantly impact the Park Impact Fees; and
WHEREAS reallocations of budgetary amounts between Capital Improvement
Projects are necessary from time to time; and
WHEREAS the Council finds that the reallocations addressed by this resolution
are in the best interest of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The transfer of up to $70,000 of budgeted expenditure authority in
park impact fees from the Parks Department Master Plan project (PK028) to the Santa
Cruz SUP at CalPortland Project (PK023) in the fiscal year 2019-2020 budget is hereby
approved.
SECTION 2. The Town’s Manager and staff are hereby directed and authorized
to undertake all other and further tasks required or beneficial to carry out the terms, ob-
ligations, and objectives of this resolution.
Marana Regular Council Meeting 10/01/2019 Page 39 of 107
Marana Resolution No. 2019-097 - 2 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 1st day of October, 2019.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Regular Council Meeting 10/01/2019 Page 40 of 107
Council-Regular Meeting C5
Meeting Date:10/01/2019
To:Mayor and Council
From:Yiannis Kalaitzidis, Finance Director
Date:October 1, 2019
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2019-098: Relating to Administration; authorizing the transfer of
up to $125,000 in budgeted expenditure authority of General Funds from the
Parks Master Plan project (PK028) to the Honea Heights Park project (PK024)
in the fiscal year 2019-2020 budget for unanticipated costs (Yiannis Kalaitzidis)
Discussion:
The budget for fiscal year 2019-2020 was adopted on June 18, 2019, and set the legal level
of budgetary control at the department level for the General Fund and at the fund level
for all other funds. Council approval is required for budgetary transfers between
General Fund departments and between funds, and for any transfer of contingency.
The purpose of this item is to request a transfer between funds for a purchase that
exceeds the amount budgeted for a project. The following provides additional detail on
those costs and the Honea Heights Park project.
The Honea Heights Pocket Park was initially slated to be constructed on property
owned by the St. Christopher Catholic Church, located at 12101 W Moore Rd, Marana,
AZ 85653. After a period of time, the Town of Marana and the Church agreed that the
park should be constructed at a different location. At this point, the Town decided to
construct the park at the south end of White Avenue on Town-owned property.
Construction of the park at this location required additional work including geotechnical
investigations, along with a park design which was conducted by McGann & Associates.
This new location will require additional earthwork consisting of the import of material,
as well as additional parking spaces and a new swing. Due to the more secluded
location of this park, additional lighting will also be required in some areas after dark.
Some of these features were not part of the original scope and thus not included in the
original amount budgeted for this project.
Marana Regular Council Meeting 10/01/2019 Page 41 of 107
Due to the increased scope necessary to construct the park at this location it will be
necessary to increase the project budget by up to $125,000. If approved, the total
budgeted expenditure capacity available for the project from all funding sources in fiscal
year 2019-2020 will increase from $272,592 up to $397,592.
Financial Impact:
Fiscal Year:2020
Budgeted Y/N:Y
Amount:$125,000
The requested budget adjustment moves budget authority in a total amount not to
exceed $125,000 from the General Fund to the Other Capital Projects fund [3800].
Staff Recommendation:
Staff recommends approval of Resolution No. 2019-098; approving the transfer of up to
$125,000 in budgeted expenditure authority of General Funds from the Parks Master
Plan project (PK028) to the Honea Heights Park project (PK024) for unanticipated costs
in the fiscal year 2019-2020 budget.
Suggested Motion:
I move to adopt Resolution No. 2019-098, authorizing the transfer of up to $125,000 in
budgeted expenditure authority of General Funds from the Parks Master Plan project
(PK028) to the Honea Heights Park project (PK024) in the fiscal year 2019-2020 budget
for unanticipated costs.
Attachments
Resolution No. 2019-098
Marana Regular Council Meeting 10/01/2019 Page 42 of 107
Marana Resolution No. 2019-098 - 1 -
MARANA RESOLUTION NO. 201 9-098
RELATING TO ADMINISTRATION; AUTHORIZING THE TRANSFER OF UP TO
$125,000 IN BUDGETED EXPENDITURE AUTHORITY OF GENERAL FUNDS FROM
THE PARKS MASTER PLAN PROJECT (PK028) TO THE HONEA HEIGHTS P ARK
PROJECT (PK024) IN T HE FISCAL YEAR 2019-2020 BUDGET FOR UNANTICIPATED
COSTS
WHEREAS on June 18, 2019, the Town Council adopted the fiscal year 201 9-2020
budgetary document and overall financial plan which set the legal level of budgetary
control at the department level for the General Fund and at the fund level for all other
funds; and
WHEREAS the Parks Department incurred unanticipated costs which could not
be offset by savings within other budgetary line items; and
WHEREAS transferring amounts within the fiscal year 2019 -2020 budget will not
significantly impact the General Fund; and
WHEREAS reallocations of budgetary amounts between Capital Improvement
Projects are necessary from time to time; and
WHEREAS the Council finds that the reallocations addressed by this resolution
are in the best interest of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The transfer of up to $125,000.00 in General Fund s from the Parks
Department Master Plan project (PK028) to the Honea Heights Pocket Park Project
(PK024) in the fiscal year 2019-2020 budget is hereby approved .
SECTION 2. The Town’s Manager and staff are hereby directed and authorized
to undertake all other and further tasks required or beneficial to carry out the terms, ob-
ligations, and objectives of this resolution.
Marana Regular Council Meeting 10/01/2019 Page 43 of 107
Marana Resolution No. 2019-098 - 2 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 1st day of October, 2019.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Regular Council Meeting 10/01/2019 Page 44 of 107
Council-Regular Meeting C6
Meeting Date:10/01/2019
To:Mayor and Council
From:Cherry L. Lawson, Town Clerk
Date:October 1, 2019
Subject:Approval of the Council Study Session Meeting Summary Minutes of
September 17, 2019 and the Regular Council Meeting Summary Minutes of
September 10, 2019 (Cherry Lawson)
Attachments
Regular Council Meeting Summary Minutes, 09/17/2019
Study Session Meeting Summary Minutes, 9/10/2019
Marana Regular Council Meeting 10/01/2019 Page 45 of 107
September 17 , 2019 Regular Council Meeting Summary 1
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers September 17, 2019, at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at 7:00 PM and directed the Clerk to call the
roll. Vice Mayor Jon Post; Council Members Dave Bowen, Patti Comerford, Herb
Kai, Roxanne Ziegler and John Officer were present. There was a quorum of council
members present constituting a quorum.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by the
Boys Scout Troup #219
APPROVAL OF AGENDA
Council Member Kai moved and Council Member Ziegler seconded the motion to
approve the agenda and removing Item D2 from the agenda. Motion passed,
unanimously: 7-0 unanimously.
CALL TO THE PUBLIC
Marana Regular Council Meeting 10/01/2019 Page 46 of 107
September 17 , 2019 Regular Council Meeting Summary 2
Jim Tripp, Marana resident, commented on the public comment period for the Gene ral
Plan Make Marana 2040 requesting Council extend the public comment portion for an
additional 30 days.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Ziegler congratulated Town staff on the awards that they have
received: Communications Department for the Cape Chase Adaptive Fun Run
marketing design, and the Water Department for the 2019 WateReuse Award. She
stated that Council sees the accomplishments of the Town and commended staff.
Mayor Honea stated he visits some of the schools in the community. He went to Twin
Peaks Elementary last Thursday; spent an hour , and will go to Quail Run as well.
During his visit, he talked about what government does. He, Town Manager Jamsheed
Mehta, Economic Development Director Curt Woody went to Sun Corridor meeting;
lots going on in Southern Arizona.
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
Town Manager Jamsheed Mehta thanked you Council Member Ziegler for the kudos
to Town staff. He explained Water is a national award, water champion for the water
recharge project. American Public Works Association gave a national award for
Tangerine Road. Marana Police Department received full accreditation from two state
organizations. Communications Division received an award for marketing and design
for Cape Chase Fun Run. Parks received a state award for the same fun run.
PRESENTATIONS
CONSENT AGENDA
Council Member Ziegler motion to approve the Consent Agenda, and Council Member
Kai seconded the motion. The motion passed, 7 -0 unanimously.
C1 Resolution No. 2019-088: Relating to Addressing; renaming the portion of
Hidden Saguaro Trail located east of Saguaro Peaks Boulevard to Garnet Range Loop
(Christen Bilow)
C2 Resolution No. 2019-089: Relating to Development; approving the ’Final Plat for
Saguaro Bloom “7A”, Lots 1-202, Blocks “7B” and “7C” (Future Residential) and
Common Areas A (Drainage/Open Space) and “B” (Park),’ located at the southeast
corner of Lambert Lane and Saguaro Peaks Boulevard; and re -designating and
reclassifying certain Town-owned drainageway and open space as right -of-way (Steven
E. Vasquez)
Marana Regular Council Meeting 10/01/2019 Page 47 of 107
September 17 , 2019 Regular Council Meeting Summary 3
C3 Resolution No. 2019-090: Relating to Parks and Recreat ion; approving and
authorizing the Town Manager to execute a Tree Resource Enhancement and
Engagement Program Grant Agreement (No. TREE 17 -105) between the Arizona
Department of Forestry and Fire Management and the Town of Marana for grant
funding for the El Rio Preserve Riparian Restoration Project (Kristin Taft)
C4 Resolution No. 2019-091: Relating to Police Department; approving and
authorizing the Chief of Police and the Town Manager to execute GOHS Contract
Numbers 2020-PTS-030 and 2020-II-003 between the State of Arizona by and through
the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant
funding for DUI/Impaired Driving Enforcement Program, enforcement related
materials and supplies, and STEP Enforcement Program (Kristin Ta ft)
C5 Resolution No. 2019-092: Relating to Municipal Court; approving the
reappointment of Michael Aaron, Kenneth Bowman, Maria Felix, and Ronald Newman
and the appointment of Frank Anjakos as magistrates pro tempore for the Marana
Municipal Court (Laine Sklar)
C6 Resolution No. 2019-093: Relating to Development; approving a release of
assurances for Del Webb at Dove Mountain VII Lots 455 -553 subdivision and accepting
public improvements for maintenance (Keith Brann)
C7 Resolution No. 2019-094: Relating to Utilities; approving and authorizing the
Water Director to sign Amendment No. 2 to Resource Aggregation Contract No. 11 DSR
12215 among United States Department of Energy Western Area Power Administration,
Town of Marana, Arizona Wate r Department, and Arizona Electric Power Cooperative,
Inc. (Scott Schladweiler)
C8 Approval of the September 3, 2019 Regular Council Meeting Summary Minutes
(Cherry L. Lawson)
LIQUOR LICENSES
Council Member Ziegler moved to approve and Council Member Bowen seconded the
motion approving a recommendation to the Arizona Department of Liquor Licenses
and Control regarding a new series 7 Beer and Wine bar liquor license application
submitted by Brian Euaine Vance on behalf of Catalina Brewing Company located at
6918 N. Camino Martin Suite #120, Tucson, Arizona 85741. Motion passed: 7-0
unanimously.
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding a new series 7 Beer and Wine bar liquor license
application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company
Marana Regular Council Meeting 10/01/2019 Page 48 of 107
September 17 , 2019 Regular Council Meeting Summary 4
located at 6918 N. Camino Martin Suite #120, Tucson, Arizona 85741 after proper
posting has been completed (Cherry L. Lawson)
Vice Mayor Post moved to approve and Council Member Kai seconded the motion
approving a recommendation to the Arizona Department of Liquor Licenses and
Control regarding an Owner Transfer series #009 Liquor Store liquor license
application submitted by Inder Preet Kaur on behalf of Arco AM/PM, located at 3825
W. Orange Grove Road, Tucson, Arizona 85741. Motion passed: 7 -0 unanimously.
L2 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an Owner Transfer series #009 Liquor Store
liquor license application submitted by Inder Preet Kaur on behalf of Arco AM/PM,
located at 3825 W. Orange Grove Road, Tucson, Arizona 85741 (Cherry L. Lawson)
Vice Mayor Post moved to approve and Council Member Ziegler seconded the motion
approving a recommendation to the Arizona Department of Liquor Licenses and
Control regarding a new series #012 restaurant liquor license application submitted by
Tyler Raymond Leveque on behalf of Baja Café, located at 3930 W. Ina Road, #322,
Tucson, Arizona 85741. Motion passed: 7 -0 unanimously.
L3 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding a new series #012 restaurant liquor license
app lication submitted by Tyler Raymond Leveque on behalf of Baja Cafe, located at
3930 W. Ina Road #322, Tucson, Arizona 85741 (Cherry L. Lawson)
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A1 PUBLIC HEARING: Ordinance No. 2019.020, Relating to Development,
approving amendments to the Marana Main Street Specific Plan (Cynthia Ross)
[7:15 PM Minutes:] Mayor Honea opened the public hearing to receive public
testimony.
Senior Planner Cynthia Ross provided a PowerPoint Presentation on this item as
highlighted below. (PowerPoint Presentation is on file in the Town Clerk’s Office.)
Project Information and Request
• Applicant: Bruce Call, AECM, PLLC
• Lot size: Approximately 28 acres
• Location: South of Marana Road and east of Sandario Road
• Amendment Request
Marana Regular Council Meeting 10/01/2019 Page 49 of 107
September 17 , 2019 Regular Council Meeting Summary 5
o Allow for the development to additional businesses with drive -through
facilities.
o Updated map exhibits to reflect current conditions
o A revised conceptual plan of lots in the Highway Support C ommercial
land use area
• Existing Drive -Through Locations
• Specific Plan Proposed Amendments:
o Businesses with associated drive -through permitted on all lots in the
Highway Support Commercial land use designation without the
requirement of a conditional use permit.
o Pharmacy business with associated drive -through window on Lot 3 with
approval of a Conditional Use Permit.
• Lot 3 Drive-through Conditions of Approval
o Main Street Commercial Lot 3 pharmacy business drive -through criteria:
▪ The siting of the drive-through window must be located behind
and screened by the principal building.
▪ Stacking of cars shall not be permitted in an access driveway, and
instead, the parking lot must be used for stacking.
▪ Location and design of the access driveway shall mini mize impacts
on pedestrian activity.
▪ The design precludes vehicular access conflicting with an existing
or planned adjacent use.
▪ The facility is located to minimize noise and odors.
• Evolution of Marana Main Street
o Map is on file in the Town Clerk’s Office
Bruce Call applicant for the project stated he appreciates efforts to bring this item
forward.
[7:19 PM Minutes:]
Mayor Honea closed the Public Hearing.
Council Member Ziegler moved to approve and Council Member Kai second the motion
approving Ordinance No. 2019.020, Relating to Development, approving amendments
to the Marana Main Street Specific Plan . Motion passed: 7-0 unanimously.
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1 Relating to Floodplain Management; a presentation and possible direction
regarding the findings from the second phase of the Town of Marana's northwest
drainage study (Keith Brann)
Marana Regular Council Meeting 10/01/2019 Page 50 of 107
September 17 , 2019 Regular Council Meeting Summary 6
Town Engineer Keith Brann provided a follow-up to the PowerPoint Presentation to
the one given earlier in the year on the Northwest Drainage Project. The Town
contracted with CMG Drainage to study the flood plain for Northwest Marana. That is
everything from the Tortolita feeds and goes through the Central Arizona Project Canal
(CAP), everything west of the CAP and north of Tangerine Road. The other side of the
study was the run off from the Tucson Mountain as that water runs north from Saguaro
Bloom up to and through the Marana Airport area. A concurrent study is being
performed by the Pima County Flood Control District on the Santa Cruz River. They
have a schedule and will have a future presentation before Council of their study. (A
copy of this presentation is available in the Town Clerk’s Office.)
Phase 1 Recap
• Fy19 CIP project
• Detailed hydraulic study of NW Marana Existing conditions
o Stakeholder discussion of results February 2019
o Council presentation March 2019
• Hydraulic model to be used to model proposed projects
• Northwest Marana Drainage – East side
• 48 Hour Time Lapse
o Marana Master Drainage Plan (East FLO -2D): Flow Depth
• Northwest Marana Drainage – West side
Phase 2 – Alternatives Analysis
• Review and model major flood control infrastructure previously contemplated
o Barnett Channel
o Marana Road Channel
o Hardin Road Channel
• Model CAP Canal near airport for breach scenario/potential LOMR
• Review and model minor problem areas:
o Marana Main Street
o Various Dip Crossings
• Barnett Channel – Cost and Benefit Area
o Right-of-way Acquisition
o Excavation
o Road Crossings
o I-10 Improvements
o UPRR Bridges
o Major Utilities
Marana Regular Council Meeting 10/01/2019 Page 51 of 107
September 17 , 2019 Regular Council Meeting Summary 7
o Selected Armoring
o Programming Cost Estimate $30 million
o Benefitting Area 2,700 acres
• Marana Channel – Cost and Benefit Area
o Right-of-way Acquisition
o Excavati on
o Road Crossings
o Sewer Trunkline
o Selected armoring
o Program Cost Estimate $12 million
o Benefitting Area 1,500 acres
• Hardin vs CMID 10.5 Channel – Cost and Benefit Area
o Right-of-way Acquisition
o Excavation
o Road Crossings
o Selected Armoring
o Programming Cost Estimate $10 million
o Benefitting Area 900 acres
• Marana Airport – Floodplain Remapping
o FEMA requires modeling
▪ With both embankments
▪ Without both embankments
▪ With only one embankment failed
• Next Steps
▪ Review results with stakeholders
▪ Finalize Master Study Reports
▪ Explore Funding Alternatives
▪ Supplemental Services to be considered
▪ Letter of Map Revision for Marana Airport
Mr. Brann explained the next steps in the process in the case of the Barnett Channel that
it is too big for one development to take on. The Channel is one of those regional type
of projects that only governments can do. They will look into investigating various
funding alternatives such as FEMA grants and other sources of revenue. For the
Marana Channe l with it being a localized benefit, it may prove to be an improvement
district type of funding scenario whereby the various types of commercial interest in
that area can fund such a project. On the 10.5 channel that is smaller than Barnett, it
blends the area between the two scenarios. Perhaps in the future, the Town may decide
to fund the project or consider an improvement district.
Marana Regular Council Meeting 10/01/2019 Page 52 of 107
September 17 , 2019 Regular Council Meeting Summary 8
The last item is to look at supplemental services that scope with a consultant who
would be able to support. There is current budget capacity in the budget that the Town
has with the consultant to fund a FEMA Letter for a Map Revision Study for the Marana
Airport. He recommended the Town have this done to be able to promote economic
development at the airport.
Mayor Honea inquired about the impact fees to cover the Barnett that affects the most
acreage, asking whether there is sufficient acreage to recoup the $30 million over a
period of time. Mr. Brann responded stating it would take a long period of time as we
have seen the impact of fee accounts have taken to recover. It is importan t to note that
with impact fees, once you have them in place that is paying to recapture a cost of a
piece of infrastructure already built, the impact fee can carry forward until it is pa id off.
Vice Mayor Post stated with the Barnett Channel with a wide area of influence, and the
Marana Channel he asked whether the landowners have to pay twice for each channel.
Mr. Brann replied stating the Town would have to determine that through an alternate
Impact Fee Study, but that it is possible. If you benefit from the Barnett Channel, and
the only reason you can do a Marana Channel is because of Barnett, yes it is possible
that landowners would pay for both. All of these alternatives as you head towards
Barnett depend s upon Barnett being in place. Vice Mayor Post stated none works
without Barnett being in place. Mr. Brann stated that is correct. Vice Mayor Post
stated if the Town should get Barnett given the amount, would that set Marana in place
for a length of years. Mr. Brann replied yes as the Barnett Channel, based upon the
pace of development, would lead the Town into one to two decades of growth potential
based on the acreage of what is currently there. Also, not everything has been zoned in
the Barnett Channel area as yet.
Vice Mayor Post inquired about the Barnett Channel drainage collection area asking
whether it is the only two over-shoots from the CAP or the east side Tangerine Road as
well. Mr. Brann responded stating the Barnett Channel would collec t water that runs
along the railroad. The general lay of the land is downfall slightly to the northwest —
everything that runs along the railroad. Whatever does not make it through the various
railroad coverts runs northwest does continue to run northwest along the railroad at I-
10. The Barnett Channel would intercept that water as well, plus there is some water
slightly north of Barnett that could be drained back towards the Barnett. However,
sooner or later you would run out of elevation to bring that w ater back. Vice Mayor
Post asked whether those areas are in the benefit area. Mr. Brann replied they would be
in the benefit area. Also, the various developers on the east side of I -10 down towards
the Tangerine Road area who would like to see the Barnett Channel in place, and look
to drain their water to Barnett. They would have to look at various drainage studies to
ensure they do not make the flood water additives to what is already coming through;
the timing of the flow so that the water is not double d in that area.
Marana Regular Council Meeting 10/01/2019 Page 53 of 107
September 17 , 2019 Regular Council Meeting Summary 9
Council Member Ziegler asked what the Barnett Channel would look like, i.e. concrete
form. Mr. Brann replied stating the Barnett Channel is a straight channel in many areas
especially west I-10. The velocities are low enough that it is not fully armored it would
see some armoring at road crossing locations where water comes out from I-10. Some
areas would have to be landscaped and there would be a path along the top. He
clarified stating the landscaping would not be in terms of turf, but rather hydroseeding
and desert landscape. If there were to be any enhanced treatments, those would be
along the top area.
Council Member Ziegler inquired about the airport referring to the Letter of Map
Revision she asked what the Town’s request would be. Mr. Brann stated in terms of
what it provides that currently incorrectly classified at the airport as a floodplai n, which
could affect the building elevation in how they would construct. Council Member
Ziegler asked whether the airport area is considered a floodplain. Mr. Brann stated the
airport is mapped as a FEMA floodplain. Their analysis has shown that it sho uld not be
classified as a floodplain. The Town would like to pursue a Letter of Map Revision
with FEMA to remove it from the floodplain. By moving in this direction, construction
would not be limited to floodplain regulations of elevations. Council Member Ziegler
asked whether there is so contention with the Town of Marana and FEMA if the Town
feels that it is outside of a floodplain, and FEMA believes that it is. She asked whether
Mr. Brann believes this situation can be mitigated. Mr. Brann stated it is a matter of old
mapping. Many of the old flood maps were based off of USGF Quad Maps that had a
40’ contour intervals. There is not much detail analysis that could be done at that level
of detail. He explained the modern mapping process to Council.
Council Member Ziegler commented on the request for a tower at the Marana Airport
asking whether that project request would be in jeopardy because FEMA thinks that the
airport is located in a floodplain. Mr. Brann responded stating that would have been
the case years ago under the previous presidential administration as there was an
executive order prohibiting federal funds from being used in a FEMA designated
floodplain. However, that declaration was removed, and would not impact it at this
time. That is not to say that the declaration could not return, but it is not an issue today.
It would affect the elevation of a tower being constructed.
Council Member Ziegler asked of Town Manager Jamsheed Mehta whether the Town
can move forward with the Letter o f Map Revision to FEMA. Mr. Mehta replied stating
yes once the Town has produced a report that is within FEMA’s expected format the
Town will move forward with sending the report study and application to FEMA for its
review and consideration.
Council Member Kai commented amount the $30 million for the Barnett Channel and
asked how much would be allocated west of Sanders Road. Mr. Brann stated he does
not have that information availabl e at this time; however, they could provide the cost-
estimate of how the Town arrived at that amount to the Town Manager’s Office .
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September 17 , 2019 Regular Council Meeting Summary 10
Council Member Kai stated the Town would need to get the landowner involved so to
understand how the project would benefit t hat particular landowner on the north side
of Barnett Road. Mr. Brann stated there is no hurt in asking for the right -of-way up
front. If the landowner is not willing to donate it, then the Town would have to
purchase it.
Council Member Bowen inquired whether the Marana Channel could be funded
through an improvement district. He asked whether Improvement District would rely
on commercial interests, or include residential development as well. Mr. Brann stated
they can include any property owner whether c ommercial or residential, that the
Town’s other Improvement District is Tangerine Farms Road from I -10 to Moore Road.
There were commercial, industrial and residential in that improvement district.
Council Member Bowen inquired as to where the most benefit would come from of the
Marana Channel. Mr. Brann stated most benefit of the channel would be south of
Marana Road based on the lay of the land to be able to drain to that channel. Council
Member Bowen, he was interested in the span of business or entit ies who would be
used to help fund the project, and how extensive it is. He asked would it lie all along
the channel, and would all be included. Mr. Brann replied stating typically we would
want to define the benefit area on who would benefit and then de termine the benefit
criteria as to how it is divided.
D2 Relating to Development and Public Works; update, discussion, and possible
direction regarding public and private projects and development applications on the
Town’s Marana Current and Proposed Projects internet site (Jamsheed Mehta) Pulled
from the agenda.
D3 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 the other governmental bodies (Jamsheed Mehta)
Mr. Mehta had no report to offer during this meeting.
EXECUTIVE SESSIONS
E1 Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter listed on
this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A).
FUTURE AGENDA ITEMS
Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, pursuant to Marana Town Code Section 2 -4-2(B).
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September 17 , 2019 Regular Council Meeting Summary 11
ADJOURNMENT
Mayor Honea moved and Council Member Bowen second the motion to adjourn the
meeting. Meeting adjourned at 7:52 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct mi nutes of the Marana Town
Council meeting held on September 17, 2019. I further certify that a quorum was
present.
________________________________________
Cherry L. Lawson, Town Clerk
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1
MARANA TOWN COUNCIL
STUDY SESSION
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, September 10, 2019, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at 6:00 p.m. Town Clerk Cherry Lawson called
the roll. All seven council members present constituting a quorum .
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor
Honea.
APPROVAL OF AGENDA
Mayor Honea asked for approval of the agenda. Council Member Ziegler motioned and
Vice Mayor Post second the motion to approve the agenda. The motion passed 7 -0,
unanimously.
DISCUSSION/DIRECTION/POSSIBLE ACTION
D1 Relating to Finance; presentation, discussion, and possible direction regarding a
proposed update to the Town's Investment Policy (Yiannis Kalaitzidis)
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Finance Director Yiannis Kalaitzidis , provided a PowerPoint Presentation overview of
the proposed changes to the Town’s Investment Policy (PowerPoint Presentation is on file
in the Town Clerk’s Office). He indicated that Luke Snyder and Annette Gastone
Investment Advisors with PFM would assist with the presentation.
Proposed Policy Changes
• Investment Policy Update
o Modernize language, clarify requirements, and align the policy with
A.R.S. and best practices
o Last updated February 2000
o Proposed change s enhance the portfolio’s diversification and total return
o Essential areas covered in proposed policy:
▪ Investment philosophy and objectives
▪ Investment authority
▪ Authorized investments
▪ Investment guidelines and compliance
▪ Reporting
Current Policy Proposed Policy
• Objectives: Safety, Liquidity & Return Objectives: Safety, Liquidity &
Return (No Change)
• Investments only include: U.S. treasuries Investments include: Match AZ
& agencies, State LGIP funds Revised Statues 35-323
• Invests money in all of Town’s funds Invests money in all of Town’s
funds, including newly created
Self-Insurance Trust funds
• Town Manager responsible for investment Finance Director is responsible
decisions for program under the direction
of the Town Manager
• Investment Policy Recommendations
Investment Advisor Luke Snyder reviewed the Investment Policy Recommendations
stating it is more about updating the policy to be in line with best practices , and that
several of the changes being recommended are procedu ral as provided by GFOA. Most
importantly keeping the policy in line with safety liquidity in terms of the objectives.
Referring to the PowerPoint slide, the current policy allows for the treasury and federal
agencies to allow several additional sectors as Finance Director Yiannis Kalaitzidis had
indicated. T hese sectors we feel will improve the diversification of the portfolio and will
likely improve the expected return of the portfolio going forward . The maximum
maturity currently is three (3) years on the current policy and they are proposing
increasing that limit to five (5) years for the sectors where it is permissible by state statute
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that allows for more flexibility and more diversification in terms of maturities pa rticularly
in an environment where rates are likely to move lower.
Mr. Snyder explained PowerPoint slide the sector limit in the recommended policy are
between 25% and 20 and 50%. If you compare that to state statute on the far left you'll
notice that those limits are at 100%. The policy that is being proposed is more restrictive
than the state statute and includes additional safeguards and diversification
requirements for the town which is in line with what they think is prudent to manage a
portfolio like the Town of Marana.
In reviewing some of these types of securities it would be allowable that is not currently
allowable corporate securities are the primary sector that state statue allows for public
entities to invest that they feel will add d iversification, and return to the portfolio . There
are some risks inherent risks with these securities , including credit risk. In market value
risks; however, those risks can be managed . If you combine the corporate securities in
the benefit of diversification with the total portfolio it can actually reduce the risk in some
ways in the portfolio . They are proposing for the Town’s policy that they invest AA or
higher. State statute has a set just to pay for the rating but we are proposing to be more
conservative with our investments , to limit as much as we can to exposure .
In looking at those rating ratings agencies is one component of the analysis , and one
thought when investing in corporate securities --it is also important to look beyond the
ratings agencies . PFM provides credit analysis where we are looking at these different
sectors in the types of securities within the portfolio as another safe guard on Top of those
ratings requirements .
Risks of Investing in Corporate Securities
• Credit/Default Risk
o Risk that an issuer will be unable to meets its financial obligations
• Market Value Risks
o Credit spread: risk of financial loss resulting from chan ges in credit spreads
used in the mark-to -market of a fixed income product.
o Downgrade: risk that a bond’s price will decline due to a downgrade in its
credit rating.
• Risks can be managed with the appropriate procedures, policies, and limitations
in place.
Historical Default Rates
• Annual Corporate Default Rates by Letter Rating 2006 – 2017
Going Beyond Credit Ratings
Issuer Analysis Macro Analysis
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• Balance sheet analysis Industry trends
• Earnings: actual and projections Competitive environment
• Asset quality and impairments Business cycle
• Corporate governance Regulatory environment
• Price movement of fixed income Rating agency actions
and equity securities
• Monitor credit default swap levels Sovereign credit developments
• Trading volume
• Analysts’ recommendations
Sector Returns
• Historical Sector Annualized Returns from 2015 to 2019
Conclusion
• Proposed policy update allows for:
o More investment sectors
o Enhanced portfolio diversification
o Greater level of analysis to manage risk
o Potential for greater rate of return
o Opportunity to modernize language, clarify requirements, and align the
policy with A.R.S. and best practices.
Council Member Bowen asked whether the research for the portfolios managed by PFM
is performed in house or o utsourced. Mr. Snyder replied stating PFM uses a combination
by using in house for research as well as hire consultants, and pay for research services
like Bloomberg and Credit Analysis. Council Member Bowen asked Mr. Snyder for the
length of time that he has been managing funds for municipalities, state agencies and
entities. Mr. Snyder stated he had been managing municipal funds since 2010 that he
has been with PFM for five years. PFM has been in operation for approximately 40 years.
They work with a number of municipalities throughout the state. Council Member
Bowen stated in general he is in favor or having other types of securities to… He
referenced page 8 in the PowerPoint Presentation asking for clarification between
columns A and B, asking whether the line is drawn from the right or left of the column is
accurate. Mr. Snyder stated the line provided indicates the state statute requirement.
Council Member Ziegler ask why the line was being moved to be more conservative.
Mr. Snyder replied stating this is a new sector for the Town to invest in, and believe that
it is important to take steps to invest in these sectors so that Finance Director Yiannis
Kalaitzidis and his team can become more comfortable with it, as well as to safeguard
the portfolio. Council Member Ziegler asked whether there will be a time in the future
where the portfolio will be reviewed once again. Mr. Kalaitzidis stated that within the
policy, there is an item that request a review of the policy itself. This would be a periodic
review, as the policy does not specifically state the frequency of the review; it can be
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reviewed as often as needed. A review would also depend upon the changes within the
market as well as what the Town will need for the polic y to achieve.
Mr. Snyder stated this is something that PFM will recommend a period review of the
investment policy, and is something that they would look at within two years at the very
least.
Mayor Honea commented about the risks of the policy and ask whether the principle and
the interest are at risk in these investments, or whether it is just the interest. Mr. Snyder
replied stating most of the Town’s investments neither of the two are at risk, because they
are guaranteed by the government. Mayor Honea stated he was referri ng to new
investments. Mr. Snyder stated both the interest and principle would be at risk with
these new investments, depending upon the allocations.
Mayor Honea asked whether the amortized investments are spread over a large number
of investments in the event one performs poorly and the others does not. Mr. Snyder
stated that is exactly how it would work. Corporate securities have performed very well
over the last three to five years, and believes that they will continue to perform well.
Treasuries, agencies and other types of investment have not performed as wel l. Mayor
Honea stated liquidity is important to the Town as sometimes an emergency event would
occur where the Town needs to have access to its funds. He asked whether there is a
severe penalty when you have to withdraw cash assets from the fund investme nt. Mr.
Kalaitzidis stated the Town maintains an available cash flow balance that is monitored
on a regular basis to ensure availability for the Town’s needs. As the Town further moves
forward and refines its investments, the Town will continue to monito r that to ensure
that it does not happen, or is minimized as much as possible.
Mr. Kalaitzidis stated if that should happen in the future, it would very much depend
upon market conditions . At times, the investment may cash in may be better priced than
we initially purchase, and thus the Town may not lose money.
Council Member Ziegler asked for the value of the Town’s portfolio as of this day. Mr.
Kalaitzidis stated as of June 30, the value is approximately $78 million in cash and
investments.
D2 Relating to Development; presentation, discussion, and possible direction
regarding the Town's subdivision requirements for private, common on -site recreation
areas (Jason Angell)
Development Director Jason Angell provided a PowerPoint Presentation overview on
Private, Common On-site Recreation Areas (PowerPoint Presentation is on file in the Town
Clerk’s Office.) Based on some recent discussions and development activity that the Town
has seen as it is in the proce ss of updating our Land Development Code which triggers a
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review of all of the Town’s Codes related to development. One area that they have
received much feedback on is related to parks or private recreational space. From those
comments and feedback, there is some interest in pursuing a change to the Town’s
existing Code requirements. The common number that is often heard is the 185 sq. ft. per
single-family dwelling unit. Most recently, Council and Town staff attended a tour of
communities in the Phoeni x area. Though it was not the primary focus of that tour, part
of that trip was to look at the different amenities within those communities, and staff did
receive feedback from the Council as part of that.
Town staff put that all together as we move forward with the baseline research that has
been done thus far. O ur current code requirement states, that if a development has a 3
rack 3 residential units per acre or greater , and also has 50 dwelling units they are
required to provide the recreational space as part of their subdivision. How that
calculation is provided is based in three (3) different areas: apartments and condos are
100 square feet per unit townhomes or patio homes are 140 square feet per unit , and most
common one is 185 square feet per si ngle family dwelling unit.
It is noted in here , he is not sure whether Council has ever utilized this provision in the
past as there is the language within our existing code that allows Council to accept a fee
in lieu of. Rather than providing the park amenity within a subdivision you may accept
a payment in lieu of that park space . There is also language that speaks to limitations. In
essence, the Town will not take unsuitable or unusable property to be counted as park
space. In that respect, Staff compiled information and did a comparison as to how we
relate to the communities around and near Marana. (The comparison table is available on file
in the Town Clerk’s Office.) The table compared the following cities and towns to Marana:
Oro Valley, City of Tucson, Sahuarita, Pima County and then we also went a little further
out and a Queen Creek, Buckeye , and City of Maricopa.
The first five including ourselves use a flat square footage requirement . Queen Creek
Buckeye in Maricopa use a percentage based upon the development area. In a couple of
them even break it down into is it active recreation space or is it just open space . Staff
look at how Marana relate to land development park standards . Do we have parks
standards, yes Marana does. Some of these communities do not have park standards .
Standards in Park and Recreation Design Manual is something Marana does not have for
private recreational spaces . Parks and Recreation Director Jim Conroy and his staff do
have design requirements as they refer to for our public spaces , but not for the private
spaces within a subdivision. One area of discussion that the Town has received feedback
is to allow parks amenities to be incorporated into drainage areas within space . Marana
have them within its community--Council has allowed for those , and the Code is silent
on this. Although on the chart Marana has said no, all the other communities that staff
has looked at do allow for amenities to be located within a drainage area . San Lucas and
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Gladden Farms has some as well as other parks have amenities within those drainage
areas.
When a trail is located adjacent to a park Marana requires a connection adjacent to a
subdivision and requires a connection into the overall community trail . If you have trails
within your subdivision there is no language that states developers are required to
connect out to the public trail . Marana’s Code does not have that provision. Many times
we do, and there are times the developers have already planned for that as they see it as
a benefit. When we do 100 lot subdivision how do we compare to the other communitie s?
When you do the flat number, you can see that almost everyone with the exception of the
City of Tucson, is more than double what we would get. For 100 lot subdivision, we
would get less than 1/2 acre of property for a single family subdivision .
Oro Valley will get almost three (3) times as much as Marana, Sahuarita and Pima County
will likely get more than double . In looking at calculating the recreational area of square
footage , Marana could just adjust our existing numbers . If you want to stay with that
practice when we say rather than the 185 sq. ft. for single family, and decide on 300, the
Town could make those adjustments . The Town can also look at a sliding scale based
upon densities. Rather than amending the Code by zoning district, Council need to keep
in mind that many of the developments that are down here are done by a specific plan;
the density is what we typically look at. Council could do a range and of a .5 rack to a
two (2) rack that has X requirement, 2.1 to 5 has X and so on. Y ou would do a scale based
upon densities, and adjust the requirement throughout. Marana could do the percentage
of development area. To do this you would take the gross or net area, and have a certain
percentage of the overall development which would have to be dedicated towards open
space. Then further define that in terms of a certain percentage having to be active open
space.
Senior Planner Anita McNamara had researched Durham NC of which does a scoring
system, they are not the only community. They do an ala carte approach to its park
system; whereas they have different criteria , and different scoring that comes with each
amenity. One could develop a certain scoring method that says for so many development
units, you have to achieve so many points in recreational space . A park bench is going to
get you minimal points . However, a pool, a pool house , a fitness facility, or a community
facility is going will provide greater points. Therefore, you may be able to reduce the size
of acreage that you have to dedicate towards recreational space , but your amenity could
be that much more valuable that you provide in a development. Ms. McNamara reached
out to Durham, NC and their staff indicated that was one of the things that push them to
an ala carte approach. In Durham they were experiencing developers turning over green
grass and adding a park bench and would then classify it as a park.
Fee In-lieu is a common practice that he has e xperienced in working with other
communities, but it is used throughout the nation. Basically as indicated in Marana’s
Code , a developer can provide a fee at the Council's approval in lieu of having to create
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that space. Council can then use those funds to improve the park facilities; however,
Marana does have a Park Impact Fee . He stated if this is something Council wished to
continue or expand , staff would work with Town Attorney Frank Cassidy to ensure
impact fees and the fee in-lieu payment would no t be in conflict.
Regardless of the path Council wish to travel, it is very important to have a design manual
for the community. If Marana develops a manual that defines a pocket park , a
neighborhood park , and a regional, it would provide the Town a greater position to start
from. Those discussions would not need to be had during a Council Meeting. Rather,
those can be conducted at a staff level , or at a Planning Commission level.
Next step, Mr. Angell ask whether Co uncil would like to move forward with an update
to the park requirements. If Council would like to move forward, is there an approach
that you would much rather take, or a preference to updating the Code. He provided
several examples, asked whether there is any interest in staff exploring them, including
a design manual.
Staff will take the additional feedback from Council and move forward with this, also to
include additional research, provide additional information, and bring back some basic
framework to continue this conversation. O nce staff has a sense of being on the right
path, we will then go out and engage in public dialogue , and speak with Sahba builders
to get their feedback . However, staff would seek direction from Council before moving
forward.
Mayor Honea stated the current system stinks , because this Council set up those
ordinances and resolutions . Marana is grossly inadequate in requirements for improved
recreational space --whether it be trails or parks for new growth neighborhoods . Specific
plans you can work with because they supersede zoning. In a specific plan you can
request to have a big park. When you want your plan approved, it does not have to
correspond to the Cou ncil. Many of the smaller builders are coming in and staff has
determined that they meet the minimum requirement for improved amenities , which is
grossly inadequate . From the comparisons that were on the bottom of the scale here open
space an improved recreational amenities are two (2) completely different items . One of
the things that he and Vice Mayor Post have talked about even on the two (2) rack, he
wanted something about clustering of housing . Well you may use half the property
leave, and left half of it as open space , but that does not constitute park and recreation
amenity requirements.
Council Member Comerford stated she is surprise Marana has been doing this as long
as it has. She commented about the message that needs to go out to local builders if you
want to develop in Marana, you will have to pay for it. It is time that developers pay for
what they get in Marana. Parks, utilities, and streets should not be developed at the
expense of taxpayers and residents. Developers will be responsible for those costs.
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Council Member Bowen inquired about the scoring system used in Durham, NC asking
how it works whether it is percentage of gross, net or dedicated to buy down cost by the
scoring method by the amount of amenities that are installed. Mr. Angell replied stating
he does not have that study at hand; however from memory, it is based upon the number
of units generates a point. Council Member Bowen stated he is in full support of Mayor
Honea comments related to a tiered system or percentage system, although he does have
some concerns related to the percentage based system. He is intrigued about the point
system, but believes Council needs additional information as he thinks it may be a better
system for Marana. He asked what the design manual would consist of: design amenities,
shape of the park etc. Mr. Angell stated it would look at the different types of parks,
label them by community, defined parks and set up the types of amenities the town
would want as a baseline. Many design manuals that are created covers the gamut of
parks. He stated Mr. Conroy and his staff have already begun with its Park Master P lan
update, that it would be easy to incorporate a design manual and work with him and his
staff to develop it.
Council Member Officer stated his likes the percentage based system, with some
stipulations that the parks are developed first, no matter the s ize of the community to be
developed. When the parks are created first, the builders will have an idea as to the cost
for maintaining the park. Parks need to be maintained. When that does not occur, it
affects the neighborhoods, and the HOA’s does not m aintain the parks.
Mayor Honea stated the Town needs to separate open space from improved amenity
space. He spoke of the many developments that have been created within the Town, but
that open space is not a recreational type facility for families and children . Open space
for zoning is one thing, improved amenity space is another.
Council Member Ziegler stated she agrees with Council’s comments about park space
in Marana. She complimented Queen Creek and Chandler for its growth, developed park
areas and community space. She stated Council needs to take a tour to Queen Creek and
the Chandler areas to see the development that is occurring in those communities. She is
unsure whether Council needs to change its ideology as to how it views parks and
wondered whether it is the size of the Marana community. She is in support of Town staff
creating a design manual for parks in the community. There needs to be some form of
standardization to our park systems. Mayor Honea stated the problem that he sees is,
the Town started mixing open space with parks.
Mr. Angell stated for clarification the Town codes have not been updated for some time.
Town staff have gone back to view other developments that the Council has approved
and through specific plans that have been approved for zoning and negotiate d for
additional park space, Marana does have other communities that have provided for more
than the 185 sq. ft. per unit of space. Though it is not much more than that amount. Out
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of the two or three developments that staff have reviewed out of a dozen, it would place
Marana in line with the rest of the areas. Out of the developments that Council has
approved, there had been a slight increase of 200 or 210 sq. ft. of open space, but not more
than that. Some of the discussions that have taken place recen tly have placed 185 sq. ft.
as the minimum space; Council is negotiating at the bottom while trying to increase
upwardly. Town staff believes Marana’s baseline should be much higher. He agrees
with Mayor Honea that staff needs to do a better job at separating open space versus
usable space from the overall park space as it will provide Council with the information
it needs to make a decision.
Mayor Honea stated as members of Council had indicated, the Town needs some type of
manual that the park can use with planning. Having a design manual with not only
reduce the amount of work on Council, but equally as well with staff. Council needs
some type of guidance on what park systems entails, and it is not a grassy area and a
picnic table. Marana parks needs to be clearly defined.
Council Member Comerford stated there is one other area of concern whereby a
developer who wishes to build a community and establishes several pocket parks.
Perhaps there is a way to encourage them to build a larger park with amenities to get
more points. If adding larger parks can be incorporated into the design manual based on
points, percentage or other standards.
Council Member Officer reminisced back to when the Town began to work on its
General Plan ten years ago and he was on the Parks and Recreation Commission. Back
then, they brought in different park plans that other communities were already using.
One of the challenges then was to determine whether Marana was to use a high standard,
or approve what the Town had at that time. As we look towards design manual, the
Town needs to set its standards high.
Council Member Ziegler stated staff should not reinvent a new manual, but rather
borrow an existing communities and build from there. She asked whether the Town is
receiving complaints from the residents related to our parks. Mr. Angell stated the Town
is not necessarily receiving complaints from residents, but that staff does receive
comments from time -to-time comparing one park to another community park.
Mayor Honea, he believes part of the problem that Marana is experiencing is that we are
transitioning from a rural to urban community. With a rural Marana community, it was
okay to have open spaces for hiking and movement. However with an urban -based
community, residents want more density which requires the Town to look for more park
space.
Vice Mayor Post stated he thinks there are two distinctly different areas of town, Twin
Peaks and north Marana. When it comes to north Marana there have been great park
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amenities done in drainage areas. He referenced the Gl adden Farms communities stating
the Town needs to divide the two areas where one area of town is permitted to use
drainage areas correctly with amenities, as it should count. The Twin Peaks area becomes
more difficult asking whether the Town should count p ark space as density in that area.
A simple footbridge would get you to more space where a park could be built, that a road
should not be built due to the cost of the bridge, however, one could access it with a
footbridge. He asked whether that would count against density. Mr. Angell stated it
would as those are private spaces. Typically when you perform density calculations, you
would remove the dedicated portion of the development, or the unusable portion of the
development. Then perform the density ca lculation. He stated the Town could look at
removing that. Vice Mayor Post stated the Town should look at that as it could increase
the potential density of park space in the Twin Peaks area. Vice Mayor Post stated now
is the perfect time for the Town to look at what it would accept as a Town park. Once we
accept a town park, the Town is then married to the maintenance of it forever. Marana
needs to ensure that its standards are maintained at the highest level before we accept a
park system.
Council Member Kai commented on the Twin Peaks area stating the cost of land is at a
premium, and developers want to place more homes in that area. That is where the
Council needs additional guidance, and a design manual would likely provide that to
Council.
Council Member Ziegler asked whether Town staff will develop a design manual in
house, as that would be the preferred method over subcontracting it out. Mr. Angell
stated staff would develop it in-house, and thanked Council for its candid feedback as it
would help in directing the staff towards the development of a design manual. The Town
will look at other communities and consult with the Town Manager as it develops the
manual and come back to Council with additional details before the creation of a draft
document.
Council Member Bowen asked whether Mr. Angell had a set timeline for bringing the
item back to Council for its review. Mr. Angell stated he did not, but will work to bring
a draft back to Council very soon.
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38 -431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter listed on
this agenda for any of the reasons listed in A.R.S. §38 -431.03 (A).
Marana Regular Council Meeting 10/01/2019 Page 67 of 107
September 10 , 2019 Study Session Meeting Summary Minutes
12
FUTURE AGENDA ITEMS
Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda,
if three or more Council members request that an item be placed on the agenda, it must
be placed on the agenda for the second regular Town Council meeting after the date of
the request, p ursuant to Marana Town Code Section 2 -4-2(B).
porn
ADJOURNMENT
Council Member Bowen motioned to adjourn the meeting, with a second provided by
Council Member Officer. The motion passed 7-0, unanimously. The meeting adjourned at
7:10 p.m.
CERTIFICATION:
I hereby certify that the foregoing are the true and correct minutes for the Study Session
Meeting of the Marana Town Council meeting held on September 10, 2019. I further
certify that a quorum was present.
____________________________________
Cherry L. Lawson, Town Clerk
Marana Regular Council Meeting 10/01/2019 Page 68 of 107
Council-Regular Meeting L1
Meeting Date:10/01/2019
To:Mayor and Council
Submitted For:Cherry L. Lawson, Town Clerk
From:Suzanne Sutherland, Executive Assistant to the Town Clerk
Date:October 1, 2019
Strategic Plan Focus Area:
Not Applicable
Subject:Relating to Liquor Licenses; recommendation to the Arizona
Department of Liquor Licenses and Control regarding a new series #12
restaurant liquor license application submitted by Travis Harley Miller
on behalf of Serial Grillers, located at 5560 W. Cortaro Farms Road
Marana, Arizona 85742.
Discussion:
This application is for a series #12 restaurant liquor license at Serial Grillers, located at
5560 W. Cortaro Farms Road Marana, Arizona 85742.
Pursuant to state law, the application was posted at the premises where the business is
to be conducted. The posted notice provided that residents within a one-mile radius
from the premises may file written arguments in favor of or opposed to the issuance of
the license with the Town Clerk’s Office within 20 days of the posting. Any written
arguments received by the Clerk’s Office for or against the proposed liquor license are
attached to this item and will be submitted to the Department of Liquor Licenses and
Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in
compliance with zoning, building and other legal requirements for the business.
Additionally, the Marana Police Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the
application within 60 days after filing of the application. Pursuant to state statute, a
Marana Regular Council Meeting 10/01/2019 Page 69 of 107
license will only be issued after a satisfactory showing of the capability, qualifications
and reliability of the applicant and “in all proceedings before the town council, the
applicant bears the burden of showing that the public convenience requires and that the
best interests of the community will be substantially served by the issuance of a license.”
If the Council’s recommendation is for disapproval, the order must include an
attachment stating the specific reasons for the recommendation of disapproval and
including a summary of the testimony or other evidence supporting the
recommendation.
If the Council enters an order recommending approval of the application, or makes no
recommendation, then no hearing before the Arizona state liquor board will take place,
unless the director of the DLLC, the liquor board or a resident within a one-mile radius
from the premises requests a hearing. If the Council enters an order recommending
disapproval of the application, or if the director, board or a resident within a one-mile
radius from the premises requests a hearing, then the state board will hold a hearing
regarding the application.
At the hearing, the state board will consider all evidence and testimony in favor of or
opposed to the granting of the license. The decision of the board to either grant or deny
an application will normally take place within 105 days after the application has been
filed, unless the director of the DLLC deems it necessary to extend the time period.
Staff Recommendation:
Staff recommends that an order recommending approval be submitted to the DLLC for
this liquor license application.
Suggested Motion:
OPTION 1: I move to adopt and submit to the DLLC an order recommending
approval of a new series #12 restaurant liquor license application submitted by Travis
Harley Miller on behalf of Serial Grillers, located at 5560 W. Cortaro Farms Road
Marana, Arizona 85742.
OPTION 2: I move to adopt and submit to the DLLC an order recommending
disapproval of a new series #12 restaurant liquor license application submitted by Travis
Harley Miller on behalf of Serial Grillers, located at 5560 W. Cortaro Farms Road
Marana, Arizona 85742.
Attachments
Application
Affidavit of Posting
Local Governing Body Recommendation
Descriptions of Common Liquor Licenses
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8/21/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
AFFIDAVIT OF POSTING
Date of Posting: ____________________________________ Date of Posting Removal: ___________________________________
Applicant’s Name: ____________________________________________________________________________________________________
Last First Middle
Business Address: ______________________________________________________________________________________________________
Street City Zip
License #: __________________________________________
I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be
licensed by the above applicant and said notice was posted for at least twenty (20) days.
___________________________________________________________ ________________________ ________________________________
Print Name of City/County Official Title Phone Number
______________________________________________________________________________________ ________________________________
Signature Date Signed
Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents.
If you have any questions please call (602) 542-5141 and ask for the Licensing Division.
Marana Regular Council Meeting 10/01/2019 Page 80 of 107
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
Local Governing Body Recommendation
A.R.S. § 4-201(C)
1. City or Town of: __________________________________________ Liquor License Application #:_______________________________
(Circle one) (Arizona application #)
2. County of: _______________________________________________ City/Town/County #: ______________________________________
3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2),
______________________________________________________ ______________________________________________________
(Name of entertainment district) (Date of resolution to create the entertainment district)
A boundary map of entertainment district must be attached.
4. The ___________________________________ at a ________________________________ meeting held on the __________________ of
(Governing body) (Regular or special) (Day)
_____________________, ____________ considered the application of _______________________________________________________
(Month) (Year) (Name of applicant)
for a license to sell spirituous liquor at the premises described in application ______________________________________________,
(Arizona liquor license application #)
for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201.
(i.e.: series #10: beer & wine store)
ORDER OF APPROVAL/DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________ (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for _____________________________________________________.
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department
of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona.
Dated at _______________________ on ________________, _________________, __________. (Location) (Day) (Month) (Year) ____________________________________________ ___________________________________________
(Printed name of city, town or county clerk) (Signature of city, town or county clerk)
8/21/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Marana Regular Council Meeting 10/01/2019 Page 81 of 107
Department of Liquor Licenses and Con trol
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows the holder both on- & off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4 -206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 li cense may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on - & off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off -
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off -sale ("To Go")
package sales can be made on the bar premises as long as the area of off -sale operation
does not utilize a separate entrance and exit from the one provide d for the bar. Payment
must be made no later than the time of delivery.
Marana Regular Council Meeting 10/01/2019 Page 82 of 107
Department of Liquor Licenses and Con trol
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, thi s liquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from th e premises of the retailer and
consumed off the premises. A retailer with off -sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (li quor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its regi stered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty -one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
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Council-Regular Meeting A1
Meeting Date:10/01/2019
To:Mayor and Council
From:Jane Fairall, Deputy Town Attorney
Date:October 1, 2019
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
Principle Statement 1: WE WILL MAINTAIN A SAFE AND WELL-MANAGED
COMMUNITY.
Initiative 2: Provide a responsive community and service-oriented professional police
department.
Subject:Resolution No. 2019-099: Relating to the Police Department; approving and
authorizing the Town Manager to execute grant agreement number: GFR
AZ911-20-007T between the State of Arizona, acting through the Arizona
Department of Administration, Office of Grants and Federal Resources (GFR)
and the Town of Marana, acting as System Administrator for the Pima County
9-1-1 System, for grant funding for the Arizona 9-1-1 Program Text-to-9-1-1
Services Fund (Jane Fairall)
Discussion:
Several public and private safety agencies in Pima County have established a 9-1-1
planning committee (the “Pima County 9-1-1 Committee” or “Pima 9-1-1”). The
following agencies comprise the Pima 9-1-1: Marana Police Department, Oro Valley
Police Department, Pima County Sheriff's Department, Tucson Police Department, Rural
Metro, University of Arizona Police Department, and Valley Emergency
Communications Center (serving the Drexel Heights and Green Valley Fire Districts, as
well as fire and medical emergency calls for Arivaca, Corona de Tucson, Rincon Valley,
and the Tohono O`odham - San Xavier District). The current Pima 9-1-1 System Manager
is an employee of the Town (Sheila Blevins).
The Arizona Department of Administration, Office of Grants and Federal Resources
(GFR) has requested that the Town of Marana, acting as the Pima 9-1-1 System
Administrator, enter into the attached Grant Agreement to receive funds under the
Marana Regular Council Meeting 10/01/2019 Page 84 of 107
Arizona 9-1-1 Grant Program for Text-to-9-1-1 deployment and recurring charges for up
to five years of continued support for the Pima County 9-1-1 System. Pursuant to the
agreement, the Town will submit an expenditure report regarding Text-to-9-1-1
services, including invoices for supporting documentation, on behalf of each of the listed
Public Safety Answering Points (PSAPs) in its jurisdiction. GFR will pay the invoices
directly to the providers on behalf of the PSAPs.
Additionally, the Town will work cooperatively with each of the PSAPs in Pima County
to:
Implement Text-to-9-1-1 services
Establish policies, procedures, and agreements for the support of Text-to-9-1-1
emergency calls
Implement a public education and outreach initiative regarding Text-to-9-1-1
services
The Grant Agreement has an initial term through June 30, 2020, but may be extended by
the parties.
A copy of the Arizona Department of Administration Office of Grants and Federal
Resources Arizona 9-1-1 Program Text-to-9-1-1 Implementation Plan is included in the
Council packet for the Council's information.
Financial Impact:
The costs associated with the Text-to-9-1-1 deployment for the Pima 9-1-1 System are
paid by the State of Arizona through the emergency telecommunication services
revolving fund established by A.R.S. section 41-704. The Town, serving in the capacity
of the Pima 9-1-1 System Administrator, submits expenditure reports to the state and the
state pays vendors directly. The state has allocated $118,200 for the Pima 9-1-1
System for Text-to-9-1-1 deployment for FY 2020. Any expenses of an individual PSAP
that are not covered by the grant funds are the responsibility of the PSAP incurring them
and are not the Town's responsibility.
Staff Recommendation:
Staff recommends approval of the grant agreement.
Suggested Motion:
I move to adopt Resolution No. 2019-099, approving and authorizing the Town Manager
to execute grant agreement number: GFR AZ911-20-007T between the State of Arizona,
acting through the Arizona Department of Administration, Office of Grants and Federal
Resources (GFR) and the Town of Marana, acting as System Administrator for the Pima
County 9-1-1 System, for grant funding for the Arizona 9-1-1 Program Text-to-9-1-1
Services Fund.
Attachments
Marana Regular Council Meeting 10/01/2019 Page 85 of 107
Resolution No. 2019-099
Exhibit A - Grant Agreement
Arizona Text-to-9-1-1 Implementation Plan
Marana Regular Council Meeting 10/01/2019 Page 86 of 107
00065680.DOCX /1
Marana Resolution No. 2019-099 - 1 -
MARANA RESOLUTION NO. 201 9-099
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHOR IZING
THE TOWN MANAGER TO EXECUTE GRANT AGREEMENT NUMBER :
GFR-AZ911-20-007T BETWEEN THE STATE O F ARIZONA, ACTING THROUGH THE
ARIZONA DEPARTMENT O F ADMINISTRATION, OFFICE OF GRANTS AND
FEDERAL RESOURCES (GFR) AND THE TOWN OF MAR ANA, ACTING AS SYSTEM
ADMINISTRATOR FOR THE PIMA COUNTY 9-1-1 SYSTEM, FOR GRANT FUNDING
FOR THE ARIZONA 9-1-1 PROGRAM TEXT-TO-9-1-1 SERVICES FUND
WHEREAS A.R.S. § 41-704 authorizes the Arizona Department of
Administration, Office of Grants and Federal Resources (GFR ) 9-1-1 Program to
administer and disburse funds for “necessary or appropriate equipment or se rvice for
implementing and operating emergency telecommunication services through political
subdivisions of this state”; and
WHEREAS as part of this authorization, GFR is tasked with oversight and
coordination of state activities related to the administr ation of the Text-to-9-1-1 Services
Fund; and
WHEREAS to be eligible to receive funds from the Text -to -9-1-1 Services Fund, a
Public Safety Answering Point (PSAP) must obtain approval by the Arizona 9 -1-1
Program prior to the initiation of a deployment pro ject; and
WHEREAS GFR has agreed to provide funds to the Pima County 9 -1-1 System,
by and through the Marana Police Department (MPD) acting as System Administrator
for the System, for the one -time costs for deployment of Text-to-9-1-1 and recurring
charges for up to five years of continued support ; and
WHEREAS the Town Council finds that it is in the best interests of the
community to enter into a grant agreement with GFR to be eligible to receive the
awarded grant funds on behalf of the Pima 9 -1-1 System.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
Marana Regular Council Meeting 10/01/2019 Page 87 of 107
00065680.DOCX /1
Marana Resolution No. 2019-099 - 2 -
SECTION 1. The grant agreement between the Town of Marana , as Pima 9-1-1
System Administrator, and the State of Arizona by and through the Arizona
Department of Administration, Office of Grants and Federal Resources (GFR), attached
to and incorporated by this reference in this resolution as Exhibit A is hereby approved,
and the Town Manager is hereby authorized and directed to execute it for and on behalf
of the Town of Marana.
SECTION 2. The Town’s Manager and staff are hereby directed and authorized
to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and obj ectives of the grant agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 1st day of October, 2019.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Regular Council Meeting 10/01/2019 Page 88 of 107
ARIZONA DEPARTMENT OF ADMINISTRATION
OFFICE OF GRANTS AND FEDERAL RESOURCES
Arizona 9-1-1 Program
GRANT AGREEMENT
GFR Grant Number: GFR-AZ911-20-007T
This grant agreement (“Agreement”) is between the Town of Marana, through the Marana Police
Department (the “Grantee”), acting as the Pima County 9-1-1 System Administrator, and the State
of Arizona, acting through the Arizona Department of Administration (“ADOA”), Office of Grants
and Federal Resources (“GFR”) (sometimes individually, a “Party” or collectively, “Parties”).
I. PURPOSE OF THE AGREEMENT
GFR is tasked with oversight and coordination of State activities related to the administration of the
Text-to-9-1-1 Services Fund. A.R.S. § 41-704 authorizes the Office of Grants and Federal Resources,
9-1-1 Program to administer and disburse funds for “necessary or appropriate equipment or service
for implementing and operating emergency telecommunication services through political
subdivisions of this state.”
To be eligible to receive funds from the Text-to-9-1-1 Services Fund, a Public Safety Answering
Point (PSAP) must obtain approval by the Arizona 9-1-1 Program prior to the initiation of a
deployment project. The Arizona 9-1-1 Program interprets eligible costs to include the cost of
deployment of Text-to-9-1-1 and continued support of Text-to-9-1-1 services.
In this capacity, GFR has agreed to provide funds to the Pima County 9-1-1 System, by and through
the Grantee, for the one-time costs for deployment of Text-to-9-1-1 and recurring charges for up to
five (5) years of continued support (plus any applicable taxes). The GFR shall make payment directly
to vendors on behalf of the Pima County 9-1-1 System, as identified in Paragraph IV, Section 2,
Subsection a. of the Agreement.
II. BACKGROUND
The State of Arizona strongly encourages Public Safety Answering Points (“PSAPs”) to deploy Text-
to-9-1-1 services in order to ensure that members of the public who are limited in their ability to use
voice communications are able to communicate with PSAPs. Technological advances have made it
possible to send and receive text messages to 9-1-1. There are now three ways that a PSAP can send
and receive text messages: (1) an ESInet/IP Network Service Interface; (2) a web service; or (3) text
to TTY. In 2014, the Federal Communications Commission implemented regulations requiring
telephone companies to deliver text messages to PSAPs that request to receive them.
Regulations issued to implement the Americans with Disabilities Act require that a public entity
“shall take appropriate steps to ensure that communication with . . . members of the public . . . with
disabilities are as effective as communications with others.” 28 C.F.R. § 35.160(a). Accordingly,
public entities must “furnish appropriate auxiliary aids and services where necessary to afford
individuals with a disability . . . an equal opportunity to participate in, and enjoy the benefits of, a
service, program, or activity of a public entity.” 28 C.F.R. § 35.160(b)(1). While Arizona PSAPs
have historically met these requirements by providing TTY accessibility, new and emerging
technologies and networks have expanded a PSAP’s ability to communicate with people who are
deaf and hard of hearing, or who otherwise are limited in their ability to use voice communications.
Marana Regular Council Meeting 10/01/2019 Page 89 of 107
III. GENERAL PROVISIONS
The Parties mutually agree as follows:
A. Scope of Work
1. GFR agrees that it is the intent of the Grantee is to provide services in support of
Text-to-9-1-1.
2. The Grantee agrees that it shall maintain all records and materials related to
Grantee activities subject to this AGREEMENT.
3. The Grantee and GFR shall make relevant personnel, including personnel hired or
contracted by either Party, available for discussions and meetings with each other
and/or trust entities, when requested by either Party. Each Party shall provide to the
other Party; contact names, work addresses, telephone numbers, e-mail addresses, and
any other relevant contact information available to each Party regarding personnel
considered relevant by each Party to the activities subject to this AGREEMENT.
B. Method and Terms of Payment
The GFR shall disperse funds as identified in Paragraph IV, Section 2, Subsection a. of the
AGREEMENT.
IV. OBLIGATIONS OF THE PARTIES
1. Responsibilities of the Grantee:
a. Text-to-9-1-1 Services: The Grantee agrees to work with the PSAPs in its jurisdiction to
implement Text-to-9-1-1 services as a result of this funding Agreement and for the
completion of the service term. If any PSAP in the Grantee’s jurisdiction fails to complete the
service term, the PSAP failing to complete the term will be required to reimburse the Text-to-
9-1-1 Services Fund for the remaining term of the service.
b. Policy, Processes, and Agreements: The Grantee shall consult with the PSAPs in its 9-1-1
System to establish policies, procedures, and/or agreements for the support of Text-to-9-1-1
emergency calls.
c. Public Education and Outreach: Educating the public regarding the capabilities and
responsibilities of 9-1-1 is essential, especially when new services become available for their
use. When Text-to-9-1-1 services are deployed, the Grantee shall work with the PSAPs in its
9-1-1 system to inform and educate the public about the services, how they work and what to
do during an emergency. The Grantee agrees to work with the PSAPs in its jurisdiction to
implement a public education and outreach initiative regarding Text-to-9-1-1 services. As
Arizona Administrative Code, R2-1-403.19 requires, the 9-1-1 planning committee
chairperson or designee shall implement a plan for a program of public information regarding
9-1-1 service at least 30 days before 9-1-1 service begins. Each PSAP or 9-1-1 region is
encouraged to use the NENA messaging, “Call if you can, text if you can’t,” in its public
education efforts. Public education resources can be found at:
1. FCC Text to 911- FAQ
2. NENA- SMS Text-to-9-1-1 Resources for PSAPs
Marana Regular Council Meeting 10/01/2019 Page 90 of 107
d. Expenditure reporting: The Grantee, on behalf of each PSAP in its jurisdiction, must
submit an expenditure report (including invoices for supporting documentation) through
eCivis within fourteen (14) days of the Certificate of Acceptance with the Service Provider.
1. eCivis is the Sub-recipient Management tool, utilized by the Arizona Department
of Administration, Office of Grants and Federal Resources, Arizona 9-1-1 Program
Office for post award monitoring.
e. The Grantee agrees to submit all requests for reimbursements for PSAPs within its 9-1-1
system and requested in the grant application to GFR as provided in this Agreement.
2. Responsibilities of GFR:
a. Payment
1. This Agreement is for the initial one-time costs and recurring charges for five (5)
years, beginning with the Start of Service Date as determined by the vendor
agreement. The following costs for the service (plus any applicable taxes) will be
paid by the State of Arizona with the Text-to-9-1-1 Services funds. This Agreement
includes funding for the following PSAPs: Marana Police Department, Oro Valley
Police Department, Pima County Sheriff’s Department, Pima County Sheriff’s
Department-Ajo, Rural Metro Southwest Ambulance AMR, Tucson Public Safety
Communications, University of Arizona Police Department, and Valley Emergency
Communications.
APPROVED LINE ITEM PROGRAM BUDGET
Personnel $0.00
Fringe Benefits $0.00
Travel $0.00
Equipment $0.00
Supplies $0.00
Contractual/Outside Services $118,200
Construction $0.00
Other Costs $0.00
Total $118,200
2. It is agreed and understood that the total to be paid for by GFR under this
Agreement shall not exceed $118,200 in State funds.
3.Non-Authorized Funding: Funding is NOT approved for the following:
a. Additional cost for changes needed as a result of regulatory mandates;
b. Termination charges;
c. Additional positions needed after initial allocation as identified in this
Agreement;
d. Additional costs as a result of adding new features/functionality;
e. Late payment fees due to untimely submittal of invoices to the Arizona 9-
1-1 Program Office;
f. Replacement needs due to customer reasons;
g. Any costs associated with a PSAP move or remodel; or
h. Items in the Agreement identified as “optional” and/or with additional
costs.
Marana Regular Council Meeting 10/01/2019 Page 91 of 107
4. Funding through the Text-to-9-1-1 Services Fund does not constitute future
funding eligibility through the Arizona 9-1-1 Program Office.
5.The GRANTEE authorizes the Arizona Department of Administration, Office of
Grants and Federal Resources, Arizona 9-1-1 Program to make payment directly to
the vendor for services provided under this Agreement on behalf of the Pima County
9-1-1 System .
b. Project Management: The Arizona 9-1-1 Program Office will provide project management
for Text-to-9-1-1 projects. A County/9-1-1 jurisdiction may choose to manage the project
itself; however, the associated costs will be borne by the County/9-1-1 jurisdiction. The rules
and requirements stated in this document still apply.
c. Should a County/9-1-1 jurisdiction reject the rules and/or requirements stated in this
document or within the Arizona 9-1-1 Text-to-9-1-1 Implementation Plan, the Arizona 9-1-1
Program Office will not provide project management support. Penalties, defined or not
defined, fiscal and otherwise, will be borne by the County/9-1-1 jurisdiction.
V. EFFECTIVE DATE, TERM, TERMINATION, RENEWAL, AMENDMENT
A. Effective Date
This AGREEMENT shall become immediately effective upon execution of the
AGREEMENT by GFR and the Grantee.
B. Term, Termination. Renewal
The initial term of this AGREEMENT shall begin on July 1, 2019 and terminate on June 30,
2020, unless terminated as provided herein, or extended. Either Party may terminate this
AGREEMENT at any time by providing thirty (30) days written notice to the other Party. If this
AGREEMENT is extended by mutual written consent of the Parties, all terms, conditions and
provisions of the original AGREEMENT shall remain in full force and effect and apply during
any extension period
C. Amendment
This AGREEMENT may be modified, altered, extended or amended only in writing and
signed by, or on behalf of, both Parties.
VI. NOTICES
Any and all notices, requests or demands given or made upon the Parties hereto, pursuant to or in
connection with this AGREEMENT, unless otherwise noted, shall be delivered in person, email,
interagency mail, or by United States Postal Service, postage prepaid, to the Parties at their
respective addresses as set forth immediately below:
A. If to the Office of Grants and Federal Resources:
Office of Grants and Federal Resources
100 North 15th Avenue, Suite 305
Phoenix, AZ 85007
Attention: Matthew Hanson
B. If to the GRANTEE:
Marana Police Department
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11555 W. Civic Center Drive
Marana, AZ 85653
Attn: Mrs. Sheila Blevins
VII. ARBITRATION
This AGREEMENT is subject to arbitration to the extent required by A.R.S. § 12-1518, and any such
proceeding shall be held in Maricopa County, Arizona.
VIII. NON-AVAILABILITY OF FUNDS
Every payment obligation of the Grantee and GFR under this AGREEMENT is conditioned upon the
availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated
and available for the continuance of this AGREEMENT, either Party may terminate this AGREEMENT
at the end of the period for which funds are available. No liability shall accrue to the Grantee, GFR or the
State of Arizona in the event this provision is exercised, and the Grantee, GFR and the State of Arizona
shall not be obligated or liable for any future payments or for any damages as a result of termination
under this paragraph.
IX. CANCELLATION FOR CONFLICT OF INTEREST
This AGREEMENT is subject to cancellation pursuant to Arizona Revised Statutes § 38-511, the
provisions of which are herein incorporated by reference.
X. AUDIT OF RECORDS
Pursuant to Arizona Revised Statutes § 41-1351, the Grantee and GFR shall retain all data, books, and
other records relating to this AGREEMENT. The Grantee is subject to all audit oversight policy and
procedure established by GFR.
XI. GOVERNING LAW
This AGREEMENT is made under, and is to be construed in accordance with, the laws of the State of
Arizona. In the event of litigation arising under, out of, or relating to, this AGREEMENT, GFR and the
Grantee hereby stipulate to the exclusive jurisdiction and venue of the Maricopa County Superior Court
in Phoenix, Arizona.
XII. ENTIRE AGREEMENT
This AGREEMENT contains the entire agreement and understanding of the Parties hereto. There are
no representations or provisions other than those contained herein, and this AGREEMENT
supersedes all prior agreements between the Parties, whether written or oral, pertaining to the same
subject matter of this AGREEMENT.
XIII. INVALIDITY OF PART OF THIS AGREEMENT
The Parties agree that should any part of this AGREEMENT be held to be invalid or void, the
remainder of the AGREEMENT shall remain in full force and effect and shall be binding upon the
Parties.
XIV. COUNTERPARTS
This AGREEMENT may be executed in any number of duplicate originals or photocopies, all of
which (once each Party has executed at least one such duplicate original or photocopy) will constitute
one and the same document.
XV. INTERPRETATION
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This AGREEMENT is not to be construed or interpreted for or against either of the Parties on the
grounds of sole or primary authorship or draftsmanship.
XVI. PARAGRAPH HEADINGS
The paragraph headings in this AGREEMENT are for convenience of reference only and do not
define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this
AGREEMENT or any of its provisions.
XVII. SIGNATURE AUTHORITY
A. This grant Agreement is entered into and is effective as of the date executed by both
Parties.
B. By signing below, the signer certifies that the person has the authority to enter into this
Agreement and read the foregoing and agrees to accept the provisions herein.
C. All PARTIES to this Agreement acknowledge that signatures by electronic means are
acceptable and legally binding.
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IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first
above written.
FOR GRANTEE:
Authorized Signatory Date
Printed Name and Title
Additional signature(s) if required by political subdivision Date
Printed Name and Title Date
Attest:
Clerk Date
Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or
municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable,
resolutions and meeting minutes must be forwarded to the GFR with the signed Agreement.
Approved as to form and authority to enter into Agreement (Excluding non-profits):
Legal counsel for GRANTEE Date
Printed Name and Title
Statutory or other legal authority to enter into Agreement (Excluding non-profits):
Appropriate A.R.S., ordinance, or charter reference
FOR OFFICE OF GRANTS AND FEDERAL RESOURCES:
Matthew Hanson, Assistant Director Date
Arizona Department of Administration
Office of Grants and Federal Resources
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Updated 08/01/2019
Arizona Department of Administration
Office of Grants and Federal Resources
Arizona 9-1-1 Program
Text-to-9-1-1 Implementation Plan
August 2019
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Table of Contents
Background .................................................................................................. 2
How Interim Short Message Service (SMS) Text-to-9-1-1 Works ............. 3
I. 9-1-1 System/PSAP Implementation Guide ......................................... 4
a. Funding ............................................................................................... 4
b. Technology Platform .......................................................................... 4
i. ESInet/IP Network Service Interface .................................................... 4
ii. Web Service/Over-the-Top (OTT) Solution ....................................... 5
c. Training ................................................................................................... 5
i. PSAP: ...................................................................................................... 5
d. Required Notices ................................................................................ 5
i. FCC Notification ..................................................................................... 5
e. Public Education .................................................................................... 6
II. Project Implementation ...................................................................... 6
a. Project Management .......................................................................... 6
i. 9-1-1 Wireless Administrator ................................................................ 6
ii. System Administrator ........................................................................ 7
b. Routing ................................................................................................ 7
c. Back Up .................................................................................................. 7
d. Text-to-911 Service Agreements ....................................................... 7
e. Service Plan ........................................................................................... 7
Glossary ....................................................................................................... 8
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Background
In August 2014, the Federal Communications Commission (FCC) adopted an order
requiring all wireless carriers and other providers of interconnected text messaging
applications to deliver emergency texts to PSAPs that request them. As with wireless
voice enhanced 9-1-1 service (Wireless Phase II), Text-to-9-1-1 service is treated as a
requested service from public safety, generally a Public Safety Answering Point (PSAP),
to the wireless carrier through the Request for Service process.
Per CFR 47 § 20.18 911 Service:
(iii) Valid Request means that:
(A) The requesting PSAP is, and certifies that it is, technically ready to receive 911
text messages in the format requested;
(B) The appropriate local or state 911 service governing authority has specifically
authorized the PSAP to accept and, by extension, the covered text provider to
provide, Text-to-9-1-1 service; and
(C) The requesting PSAP has provided notification to the covered text provider that
it meets the foregoing requirements. Registration by the PSAP in a database made
available by the Commission in accordance with requirements established in
connection therewith, or any other written notification reasonably acceptable to the
covered text provider, shall constitute sufficient notification for purposes of this
paragraph.
The FCC cites multiple benefits of Text-to-9-1-1 services, including enhanced access for
people with disabilities, alternative means of emergency communication, and availability
and ease of use for the general public. The FCC encourages emergency call centers to
begin accepting texts as text providers develop Text-to-9-1-1 capability, but it is up to
each call center to decide on the particular method in which to implement and deploy
Text-to-9-1-1 technology.
In August 2018, as a result of Enos et.al. vs. Arizona, the State of Arizona, 9-1-1
program has created a statewide implementation plan for deployment of Text-to-9-1-1
statewide. Per the stipulation, the State had made available $1,362,964.85 to Arizona
PSAPs to implement either an ESInet/IP Network Solution or a Web-Portal/Over-the-Top
Solution. The Arizona Implementation Plan provides guidance to Arizona 9-1-1 Systems
and PSAPs regarding Text-to-9-1-1 deployment.
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How Interim Short Message Service (SMS) Text-to-9-1-1 Works
The interim text-to-9-1-1 solution will utilize the most commonly available texting
technology, i.e., carrier native short message service (SMS) texting. Carrier native SMS
is a feature provided by the carrier, and not a third-party texting or messaging application
(app) that may be installed on the mobile device. A valid wireless subscriber with a text-
capable phone and service plan, is able to send emergency SMS messages to a PSAP
by dialing “9-1-1”. Contrary to the delivery of a voice wireless enhanced 9-1-1 call, the
interim solution will only process SMS messages via the carrier’s native SMS; hence,
only over their native cell tower network. The interim solution will not support non-
initialized phones or a wireless subscriber who is roaming. A roaming subscriber who
attempts to request a Text-to-9-1-1 service will receive a bounce-back message.
SMS texting is not real-time and delays may be experienced in sending and receiving
text messages especially during times of congestion where a text can be delayed by
minutes if not hours. As stated in the NENA Informational Document, INF-007.1-2013,
NENA Information Document for Handling Text-to-9-1-1 in the PSAP,
“Text messages are not delivered to its recipient in the same manner as a
voice call. Texting, and in particular SMS, was designed as a secondary
service within a carrier’s network while voice traffic remains the primary
service. As a secondary service, it utilizes the carrier’s signaling channels and
other resources when they are not being used for voice calls, essentially
storing the message until network resources are available, then forwarding the
text message on to its recipient. This may cause a significant delay in the
delivery of a Text-to-9-1-1 message to a PSAP. During periods of congestion,
e.g. due to severe weather, a text message may be delayed by several
minutes, or potentially hours. Additionally, PSAPs should be aware that texting
is not a real-time two-way messaging service. When handling a 9-1-1 text
message, communications can be delayed due to waiting for the message
sender and PSAP call taker to acknowledge receipt of the message and
respond.”
Texts to 9-1-1 traverse a different part of the wireless carriers’ network than a 9-1-1
voice call and may therefore provide slightly different location information. Text-to-911 is
routed to a PSAP based on the centroid of the cell sector and will deliver initial location
similar to Wireless Phase I location. While a more precise location may be available, it
is carrier and/or vendor implementation specific and may not apply to all 9-1-1 requests.
Standards are being addressed to support a new class of service (TEXT) to assist the
dispatcher in determining the type of 9-1-1 call received.
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I. 9-1-1 System/PSAP Implementation Guide
This section includes the following tasks that must be completed in order to
deploy Text-to-9-1-1 services:
• Apply for funding
• Select technology platform
• Complete internal training
• Send required FCC notice
• Complete testing
• Complete public education
a. Funding
Funding was made available through the Arizona Department of
Administration, Office of Grants and Federal Resources, 9-1-1 program on
August 3, 2018. The Notice of Funding Availability (NOFA) outlines the
requirements the PSAP or 9-1-1 System Administrator must complete to
submit a grant application for funding from the Arizona Text-to-9-1-1 Grant
Program. A grant application must be submitted and approved before
Text-to-9-1-1 services may begin. The amount available is $1,362,964.85
and up to $2,362,965.00, contingent upon availability of funds. Grant
applications will be accepted through July 3, 2021, unless funds are fully
expended.
The grant application details can be found at: https://az911.gov/text-9-1-1
b. Technology Platform
The delivery of Text-to-9-1-1 services can be facilitated over three (3) types
of networks: ESInet/IP Network Service Interface, Web Service or Text to
TTY/TDD. While three options exist to receive Text-to-9-1-1 messages, per
the 2018 stipulation, the statewide implementation plan only includes
deployment through an ESInet/IP Network or Web Service/Over-the-Top.
i. ESInet/IP Network Service Interface
This option requires the PSAP to have both IP capable equipment and
IP connectivity to the wireless service provider or to a Text Control
Center (TCC) provider.
• Compatible with a full NG9-1-1 (i3 compliant) network.
• Delivers emergency requests for service over the 9-1-1
network.
• Allows for existing default and overflow protocols as well as
logging solutions to be utilized consistent with other 9-1-1
calls.
• Allows for ALI display that contains information similar to a
Wireless Phase I call today including the x/y coordinates of the
cell site or sector centroid.
• Allows for emergency requests for service to be handled by
the PSAP 9-1-1 customer premise equipment (CPE).
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• Allows for the transfer of Text-to-9-1-1 requests to another text
capable PSAP.
ii. Web Service/Over-the-Top (OTT) Solution
This option requires that a PSAP have IP connectivity, either provided
by their local agency or over the public internet.
• This solution does not have connectivity with the existing 9-1-1
network.
• May require additional equipment to be purchased and
monitored for incoming emergency requests for services.
o While some solutions have the ability to utilize the
existing PSAP equipment for the processing of text
services, not all solutions are integrated and may
require the monitoring of another window and/or
monitor.
o May not connect to existing logging solutions.
• Allows for ALI display that contains information similar to a
Wireless Phase I call today including the x/y coordinates of the
cell site or sector centroid.
• The ability to transfer should be discussed with the TCC
provider as there may be limitations.
c. Training
i. PSAP:
Training of PSAP personnel is an important component of Text-to-9-
1-1 deployment. PSAP should review the resources provided by the
National Emergency Number Association (NENA) prior to
requesting Text-to-9-1-1 services for their community.
Information regarding training, template standard operating
procedure(s), canned messages for responding to emergency
requests and early adopter experiences can be found on the NENA
website at: http://www.nena.org/?text_training_docs.
In addition, NENA INF-007.1-2013, NENA Information Document for
Handling Text-to-911 in the PSAP, is available to assist in PSAP
preparations for Text-to-911 services.
d. Required Notices
The PSAP/System Administrator is required to complete mandatory notices
to the FCC and Wireless Carriers that indicate the PSAP is text ready.
Registration with the FCC indicates to wireless carriers that a PSAP is ready
and able to receive Text-to-9-1-1 messages. A separate notification to
wireless carriers is not needed.
i. FCC Notification
To be listed on the FCC’s centralized database, PSAP Managers or
System Administrators must submit the PSAP Text-to-911
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Readiness and Certification Form (Form) to provide information on
each PSAP that is ready to accept texts.
The Form provides entries for the PSAP to:
1. Indicate that it is text-ready
2. Include its contact information and other information necessary
to notify covered text providers of the PSAP’s readiness. The
form enables the entry of multiple PSAPs.
In order to complete registration with the FCC. PSAPs need to:
1. Download the Form at: PSAP Readiness Certification Form
2. Fill out the Form
3. Email the completed Form to: T911PSAPREGISTRY@fcc.gov
and CC the Arizona 9-1-1 Program at: az911@azdoa.gov
PSAP Text-to-911 Information can be found on the FCC website below:
https://www.fcc.gov/general/psap-text-911-readiness-and-certification-
form
e. Public Education
Educating the public regarding the capabilities and responsibilities of 9-1-
1 is essential in a Text-to-9-1-1 deployment strategy. The 9-1-1 system
must inform and educate the public about the services, how they work,
and what to do during an emergency. Public education resources can be
found at:
• https://www.fcc.gov/consumers/guides/text-911-quick-facts-faqs
• http://www.nena.org/?page=textresources.
II. Project Implementation
a. Project Management
The 9-1-1 System must assign a project manager (PM) for the Text-to-9-1-1
deployment. The PM may be the system administrator, individual PSAP
Manager, or 9-1-1 Wireless Administrator. The PM is responsible for working
with the vendor to manage their Text-to-9-1-1 implementation.
i. 9-1-1 Wireless Administrator
Text-to-9-1-1 utilizes wireless technology routing, it is recommended that
the responsibility of this type of service will fall under the duties of a 9-1-1
Wireless Administrator.
The 9-1-1 Wireless Administrator will have the responsibility to:
• Work with PSAPs within their wireless system and 9-1-1 Wireless
Administrators from adjoining counties
• Facilitate project meetings and decisions necessary to implement the
project, including routing and network design
• Serve as the “single point of contact” to the State’s 9-1-1 program,
wireless service providers, and other individuals/organizations
involved in the delivery of Text-to-9-1-1 services
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• Establish the service agreement with vendors and obtain appropriate
approvals
ii. System Administrator
• Coordinate the training of PSAP personnel to handle Text-to-9-1-1
emergency requests for service
• Complete the public education and outreach as necessary
• Update the 9-1-1 System’s Service Plan, upon completion of the
project
b. Routing
Routing for Text-to-9-1-1 follows similar routing practices as Wireless Phase
II primary call routing by utilizing the location of the tower and the sector
orientation to determine the proper PSAP routing. The call will be routed to a
pre-determined PSAP based on location of the tower within an E9-1-1 area.
The 9-1-1 System must identify which PSAPs are primary and secondary.
c. Back Up
The 9-1-1 System Administrator must identify which PSAP will function as the
appropriate back-up.
d. Text-to-9-1-1 Service Agreements
Each 9-1-1 Wireless Administrator will be responsible to work with the
appropriate people within their county to determine whether they wish to
pursue service agreements with the WSPs. If they do, the responsibility of
presenting, negotiating, and finalizing those agreements are the total
responsibility of the 9-1-1 Wireless Administrator. The Arizona 9-1-1
Program will serve as a resource to the 9-1-1 system; however, it will not
manage nor negotiate the contracts. Indemnity protection has been provided
to the PSAPs under federal and state legislation. Arizona Revised Statute
§12-713 is provided, in part, in Attachment A.
e. Service Plan
Arizona’s Administrative Code states that a service plan shall be submitted as
part of the County/9-1-1 jurisdiction application for funds. Upon completion of
the project, an updated service plan must be submitted to the Arizona 9-1-1
Program.
A service plan checklist may be found at:
https://az911.gov/9-1-1-system-administrators/service-plan
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Glossary
Following is a listing of relevant definitions and abbreviations that are contained
in this plan.
9-1-1 Call - means any telephone call that is made by dialing the digits 9-1-1.
9-1-1 System - means a telephone system that automatically connects a caller,
dialing the digits 9-1-1, to a PSAP.
Automatic Location Identification (ALI) - means a system capability that
enables an automatic display of information defining a geographical location of
the telephone used to place the 9-1-1 call.
Automatic Number Identification (ANI) - means a capability that enables the
automatic display of the number of the telephone used to place the 9-1-1 call.
Call Attendant - means the person who initially answers a 9-1-1 call.
Call Transfer - means the call attendant determines the appropriate responding
agency and transfers the 9-1-1 caller to that agency.
Central Office (CO) - means a telephone company facility that houses the
switching and trunking equipment serving telephones in a defined area.
Centralized Automated Message Accounting (CAMA) - An MF signaling
protocol originally designed for billing purposes, capable of transmitting a single
telephone number.
Customer Premises Equipment (CPE) - Terminal equipment at a PSAP.
Emergency Call - means a telephone request for service which requires
immediate action to prevent loss of life, reduce bodily injury, prevent or reduce
loss of property and respond to other emergency situations determined by local
policy.
Emergency Service Number (ESN) - A three to five digit number representing a
unique combination of emergency service agencies designated to serve a
specific range of addresses within a particular geographical area. The ESN
facilitates selective routing and selective transfer, if required, to the appropriate
PSAP and the dispatching of the proper services.
Enhanced 9-1-1 (E9-1-1) - means the general term referring to emergency
telephone systems with specific electronically controlled features, such as ALI,
ANI, and selective routing.
Integrated Services Digital Network (ISDN) - A digital interface providing
multiple channels for simultaneous functions between the network and CPE.
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Local Exchange Carrier (LEC) – A telecommunications carrier under the
state/local Public Utilities Act that provide local exchange telecommunications
services.
Mobile Directory Number (MDN) - The callback number associated with a
wireless phone.
Mobile Switching Center (MSC) - The wireless equivalent of a Central Office,
which provides switching functions from wireless calls.
Multi-Frequency (MF) - A type of signaling used on analog interoffice and 9-1-1
trunks.
One-Button Transfer - means another term for a (fixed) transfer which allows
the call attendant to transfer an incoming call by pressing a single button. For
example, one button would transfer voice and data to a fire agency, and another
button would be used for police, also known as “selective transfer.”
Phase I, Wireless 9-1-1 Service - means an emergency wireless telephone
system with specific electronically controlled features such as ANI, specific
indication of wireless communications tower site location, selective routing by
geographic location of the tower site.
Phase II, Wireless 9-1-1 Service - means an emergency wireless telephone
system with specific electronically controlled features such as ANI and ALI and
selective routing by geographic location of the 9-1-1 caller.
Provider - means a person, company or other business that provides, or offers
to provide, 9-1-1 equipment, installation, maintenance, or access services.
Pseudo Automatic Location Identification (pALI) - An ALI record associated
with a pANI, configured to provide the location of the wireless cell of sector and
information about its coverage or serving area.
Pseudo Automatic Number Identification (pANI) - A telephone number used
to support routing of wireless 9-1-1 calls. It may identify a wireless cell tower, cell
sector or PSAP to which the call should be routed.
Public or Private Safety Agency - means a unit of state or local government, a
special purpose district, or a private firm, which provides or has the authority to
provide firefighting, police, ambulance, or emergency medical services.
Public Safety Answering Point (PSAP) - means a 24-hour, state, local, or
contracted communications facility, which has been designated by the local
service board to receive 9-1-1 service calls and dispatch emergency response
services in accordance with the E9-1-1 service plan.
Public Switched Telephone Network - means a complex of diversified
channels and equipment that automatically routes communications between the
calling person and called person or data equipment.
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Selective Routing (SR) - means an enhanced 9-1-1 system feature that enables
all 9-1-1 calls originating from within a defined geographical region to be
answered at a pre-designated PSAP.
Service Control Point (SCP) – means a centralized database system used for,
among other things, wireless E9-1-1 service applications. It specifies the routing
of 9-1-1 calls from the cell site to the PSAP and includes all relevant cell site
location information.
Signaling System 7 (SS7) - An inter-office signaling network separate from the
voice path network, utilizing high-speed data transmission to accomplish call
processing.
Subscriber - means any person, firm, association, corporation, agencies of
federal, state and local government, or other legal entity responsible by law for
payment for communication service from the telephone utility.
Tariff - means a document filed by a telephone company with the state
telephone utility regulatory commission that lists the communication services
offered by the company and gives a schedule for rates and charges.
Telecommunications Device for the Deaf (TDD) - means any type of
instrument, such as a typewriter keyboard connected to the caller’s telephone
and involving special equipment at the PSAP which allows an emergency call to
be made without speaking, also known as a TTY.
Trunk - means a circuit used for connecting a subscriber to the public switched
telephone network.
Wireless Communications Service - means cellular, broadband PCS, and
SMR that provide real-time two-way interconnected voice service, the networks
of which utilize intelligent switching capability and offer seamless handoff to
customers. This definition includes facilities-based service providers and non-
facilities based resellers. For purposes of wireless 9-1-1 surcharge, wireless
communications service does not include services whose customers do not have
access to 9-1-1, or a 9-1-1-like service, a communications channel utilized only
for data transmission, or a private telecommunications system.
Wireless Communications Surcharge - means a surcharge imposed on each
wireless communications service number provided in this state and collected as
part of a wireless communications service provider's monthly billing to a
subscriber.
Wireless Service Provider (WSP) – a communications carrier who provides
wireless service.
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Attachment A:
§ 12-713. Providers of emergency services; civil liability
In the provision of 911 services, a person, a provider as defined in section 42-5251 or a
public entity or any employee of the public entity is not liable for damages in any civil
action for injuries, death or loss to a person or property that are incurred by any person
with respect to all decisions made and actions or omissions taken that are based on
good faith implementation except in the cases of wanton or wilful misconduct, regardless
of technology platform including a public safety radio communications network, that
receives, develops, collects or processes information for the service's location
information databases, relays, transfers, operates, maintains or provides emergency
notification services or system capabilities, or provides emergency communications or
services for ambulances, police and fire departments or other public safety entities.
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