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HomeMy WebLinkAboutPackets - Council Packets (1737)         AGENDA ORO VALLEY TOWN COUNCIL REGULAR AND STUDY SESSION SEPTEMBER 21, 2022 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE The Town has modified its public comment procedures in the newly renovated town council chambers. For more details, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS Spotlight on Youth   TOWN MANAGER'S REPORT ON CURRENT EVENTS   ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING   INFORMATIONAL ITEMS   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.   PRESENTATIONS   1.Proclamation - Diaper Need Awareness Week   2.Recognition of Golder Ranch Fire Chief Randy Karrer on his induction into the Arizona Fire Service Hall of Fame   3.Presentation and possible discussion of the Town's FY 21/22 Financial Update through June 2022   CONSENT AGENDA  (Consideration and/or possible action)   A.Minutes - September 7, 2022   B.Resolution No. (R)22-39, approving a loan agreement between the General Fund and Water Fund   C.Approval to ratify the Mayor's reappointment request of a citizen member to the Corrections Officers Retirement Plan (CORP) Local Board   ADJOURNMENT OF THE REGULAR SESSION   STUDY SESSION   CALL TO ORDER   STUDY SESSION AGENDA   1.PRESENTATION AND POSSIBLE DISCUSSION OF SCOPE OF WORK FOR PLANNED HOUSING STUDY PER THE TOWN COUNCIL'S FY 21/22 - FY 22/23 STRATEGIC LEADERSHIP PLAN   ADJOURNMENT OF THE STUDY SESSION   RECONVENE THE REGULAR SESSION   EXECUTIVE SESSION 1. Pursuant to A.R.S. §38-431.03(A)(4) for settlement discussions regarding Marsh v. Oro Valley claim 2. Pursuant to A.R.S. §38-431.03(A)(1) and (A)(3) Personnel matter - Town Manager's annual performance review   RESUME THE REGULAR SESSION   REGULAR AGENDA   1.FOR DIRECTION TO THE TOWN MANAGER AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION,TO APPROVE OR DENY A SETTLEMENT OF MARSH V. ORO VALLEY CLAIM   2.FOR DIRECTION TO THE TOWN ATTORNEY AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION REGARDING THE TOWN MANAGER'S ANNUAL PERFORMANCE REVIEW   FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)   ADJOURNMENT  The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 9/14/22 at 5:00 p.m. by dt POSTED: 9/14/22 at 5:00 p.m. by dt When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. PUBLIC COMMENT ON AGENDA ITEMS The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings, provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue speaker card to be recognized in person by the Mayor, according to all other rules and procedures. Written comments can also be emailed to Town Clerk Michael Standish at mstandish@orovalleyaz.gov for distribution to the Town Council prior to the meeting. Further instructions to speakers are noted below. INSTRUCTIONS TO IN-PERSON SPEAKERS Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the discretion of the Mayor. If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience, please specify what you wish to discuss. Please step forward to the podium when the Mayor calls on you to address the Council. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. You will only be allowed to address the Council one time regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During Call to Audience, you may address the Council on any matter that is not on the agenda. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will unmute your microphone access and you will have 3 minutes to address the Council. Further instructions regarding remote participation will be included in the email. Thank you for your cooperation.    Town Council Regular Session 1. Meeting Date:09/21/2022   Proclamation - Diaper Need Awareness Week Subject Proclamation - Diaper Need Awareness Week Summary Attachments Proclamation     Town Council Regular Session 2. Meeting Date:09/21/2022   Recognition of Golder Ranch Fire Chief Randy Karrer Subject Recognition of Golder Ranch Fire Chief Randy Karrer on his induction into the Arizona Fire Service Hall of Fame Summary Attachments No file(s) attached.    Town Council Regular Session 3. Meeting Date:09/21/2022   PRESENTATION AND POSSIBLE DISCUSSION OF THE TOWN'S FY 21/22 FINANCIAL UPDATE THROUGH JUNE 2022 Subject Presentation and possible discussion of the Town's FY 21/22 Financial Update through June 2022 Summary Please reference the attachments for this agenda item.  Attachments Council Memo - June 2022 Financial Update  Attachment A - General Fund  Attachment B - Highway Fund  Attachment C-1 - Community Center Fund  Attachment C-2 Golf Contractor P&L  Attachment D - Summary All Funds  Attachment E - Gen Fund Local Sales Tax  Attachment F - Gen Fund State Shared Revenues  Staff Presentation  Town Manager’s Office TOWN COUNCIL REPORT DATE: September 21, 2022 TO: Mayor and Council THRU: Mary Jacobs, Town Manager FROM: David Gephart, Chief Financial Officer SUBJECT: June 2022 Financial Update This financial update is intended to provide an overview and status of revenues and expenditures for the Town’s selected funds for fiscal year 2021/22 (July 2021 – June 2022). Funds included in this financial update are the General Fund, Highway Fund and Community Center Fund. All amounts are preliminary, un-audited and subject to change based upon adjusting entries, as necessary. EXECUTIVE SUMMARY: Staff is pleased to report that financial performance across all funds has exceeded expectations. In addition, the Town’s major funds ended the year with expenditure savings. Further details on revenues and expenditures are as follows. General Fund Overall, General Fund revenues and expenditures ended the fiscal year better than originally forecasted (see attachment A). Revenues total $55.5 million or 117.9% of budget. Combined with expenditures ending the fiscal year 4.7% below budget at $58.4 million, the General Fund preliminarily ended the fiscal year with a use of fund balance of $2.9 million. Highway Fund Revenues and expenditures for the Highway Fund ended the fiscal year better than originally budgeted (see attachment B). Revenues totaled approximately $4.0 million or 109.6% of budget, while expenditures totaled $4.0 million or 98.7% of budget. The Highway Fund preliminarily ended the fiscal year with a use of fund balance of $40,000. Community Center Fund Overall, year-end revenues and expenditures for the Community Center Fund performed better than budgeted figures (see attachment C-1 & C-2). Revenues totaled $9.5 million or 128.3% of budget, while expenditures totaled $6.3 million or 81.2% of budget. Due to strong revenues across the board, as well as a reduced transfer out for debt service, the Community Center Fund preliminarily ended the fiscal year with a surplus of $3.2 million. BACKGROUND AND DETAILED INFORMATION: GENERAL FUND Attachment A shows General Fund revenues and expenditures through June 30, 2022. The preliminary year-end amounts for the General Fund are as follows: Revenues: $55,476,755 Less: Expenditures: ($58,401,599) Preliminary Estimated Decrease in Fund Balance: ($2,924,844)* *Note that the budgeted decrease in fund balance for FY 21/22 is $14.2 million. General Fund Revenues • Local sales tax collections in the General Fund totaled $27.8 million or 131.4% of the budgeted amount of $21.2 million, performing much better than anticipated. Retail collections totaled $8.9 million, which is $950,737 or 11.9% higher than collections from the prior fiscal year. Both restaurant/bar collections as well as bed tax collections were up 38.6% and 132.9% respectively compared to collections from the prior fiscal year. Construction sales tax collections totaled $6.9 million, which is $1,935,316 or 39.3% higher than collections from the prior fiscal year. Total local sales tax revenue in the General Fund came in $6.6 million above budget due to strong performance across most tax categories. Please see attachment E for detailed information on General Fund local sales tax collections. • License and permit revenues totaled $2.4 million or 129.3% of the budget amount of $1.8 million. Single Family Residential (SFR) permits issued total 198 and are a large portion of this revenue piece. This revenue category preliminarily came in $541,080 or 29.3% over budget due to commercial building activity and rebounding residential permit issuances in the latter half of the year. • State shared revenues totaled $15.3 million or 111.6% of the budget amount of $13.7 million for the fiscal year. These revenues sources are comprised of state shared sales taxes, state shared income taxes, auto-lieu fees, and Smart and Safe shared taxes. • Charges for services revenues totaled $2.7 million or 111.4% of the budget amount of $2.4 million for the fiscal year. A large portion of these revenues are associated with Parks & Recreation program revenues, which showed strong recovery. General Fund Expenditures and Other Financing Uses • General Fund outflows ended the fiscal year below budget by about $2.9 million, or 4.7%. This is due to department savings in both personnel and O&M, capital project carry-over into next fiscal year and transfers out. • Transfers out of the General Fund were $1.1 million less than budgeted due to the pension obligation bonds that were issued in July. The Town budgeted a full debt service payment; however, only an interest payment is due this year. Preliminarily, the General Fund ended the fiscal year with a total fund balance of $29.5 million, or 54.7% of budgeted expenditures. HIGHWAY FUND Highway Fund Revenues • State shared highway user funds totaled about $4.0 million or 110.1% of the budget amount of $3.6 million for the fiscal year. This was anticipated as monthly distributions from the state remained stronger than original projections. Overall, Highway Fund revenues ended the fiscal year with a favorable budget variance of $352,000 or 9.6%. Highway Fund Expenditures • Highway Fund expenditures ended the fiscal year at $4.0 million or 98.7% of the adopted budget of $4.1 million due to slight savings in personnel costs. The Highway Fund preliminarily ended the fiscal year with a fund balance of approximately $1.2 million. COMMUNITY CENTER FUND Attachment C-1 shows the consolidated financial status of the Community Center Fund with all revenues and expenditures from contracted and Town-managed operations. Attachment C-2 shows the monthly line-item detail for the contractor-managed operations, specifically revenues and expenditures associated with the golf, food and beverage operations. The totals in the revenue and expenditure categories in attachment C-2 tie to the contracted operating revenues and expenditures in attachment C-1. Community Center Fund Revenues • Revenues in the Community Center Fund totaled $9.5 million or 128.3% of the budget amount of $7.4 million. • Contracted operating revenues totaled about $4.7 million for the fiscal year which is $1.1 million or 30.5% higher than budgeted due to across-the-board outperformance. This is approximately $755,000 or 19.0% higher than revenues from the time last fiscal year. • Town operating revenues totaled $1.2 million, a significant increase from the same time period last year due primarily to a recovery in recreation program revenue and member dues. Town operating revenues ended the fiscal year with a favorable budget variance of $523,000 or 75.0%. • Local sales tax revenues totaled $3.5 million, ending the fiscal year with a favorable budget variance of nearly $603,000 or 20.6%. Community Center Fund Expenditures and Other Financing Uses • Outflows in the Community Center Fund totaled $6.3 million or 81.2% of the budgeted amount of $7.8 million. • Contracted operating expenditures totaled $4.7 million, or 100.1% of the budgeted amount of $4.7 million. Contracted expenditures ended the year slightly over budget due primarily to higher than expected golf related revenue, resulting in higher cost of sales. • Transfers out were $1.6 million less than budget. This is due to the Town having budgeted a full debt service payment for the newly issued Parks and Recreation bonds whereas only an interest payment is due this year. • Preliminarily, the Community Center Fund ended the fiscal year with a surplus of $3.2 million and a total fund balance of approximately $5.8 million. The Town is not expecting any year-end sales tax support for golf operations. Contracted golf operations have a preliminary net gain of $20,461 before HOA contributions of $159,050, and approximately $83,000 in local sales taxes generated from golf related operations. Please see attachments A and B for additional details on the General Fund and Highway Fund. See attachments C-1 and C-2 for additional details on the Community Center Fund. See attachment D for a fiscal year-to-date consolidated summary of all Town Funds. See attachment E and F for a breakdown of monthly local sales tax collections and state shared revenue collections for the General Fund. ATTACHMENT A June YTD Financial Status General Fund % Budget Completion through June --- 100% % Actuals YE % Variance to Budget to Budget REVENUES ` LOCAL SALES TAX 27,804,802 21,157,707 131.4% 27,804,802 31.4% LICENSES & PERMITS 2,390,080 1,849,000 129.3% 2,390,080 29.3% FEDERAL GRANTS 5,936,500 5,990,290 99.1% 5,936,500 -0.9% STATE GRANTS 69,413 75,000 92.6% 69,413 -7.4% STATE/COUNTY SHARED 15,317,760 13,729,923 111.6% 15,317,760 11.6% OTHER INTERGOVERNMENTAL 1,674,819 1,344,500 124.6% 1,674,819 24.6% CHARGES FOR SERVICES 2,660,066 2,387,776 111.4% 2,660,066 11.4% FINES 132,636 125,000 106.1% 132,636 6.1% INTEREST INCOME (778,663) 150,000 -519.1% (778,663) -619.1% MISCELLANEOUS 269,342 264,000 102.0%269,342 2.0% TOTAL REVENUES 55,476,755 47,073,196 117.9% 55,476,755 17.9% % Actuals YE % Variance to Budget to Budget EXPENDITURES CLERK 375,998 383,833 98.0% 375,998 -2.0% COMMUNITY & ECON. DEV. 2,900,856 3,044,614 95.3% 2,900,856 -4.7% COUNCIL 192,015 188,720 101.7% 192,015 1.7% FINANCE 936,561 979,655 95.6% 936,561 -4.4% GENERAL ADMINISTRATION 13,807,034 14,459,559 95.5% 13,807,034 -4.5% HUMAN RESOURCES 480,631 535,390 89.8% 480,631 -10.2% INNOVATION & TECHNOLOGY 4,042,073 4,346,583 93.0% 4,042,073 -7.0% LEGAL 894,601 902,754 99.1% 894,601 -0.9% MANAGER 1,074,627 1,115,224 96.4% 1,074,627 -3.6% PARKS & RECREATION 3,460,952 3,446,361 100.4% 3,460,952 0.4% POLICE 17,531,660 18,171,000 96.5% 17,531,660 -3.5% PUBLIC WORKS 5,580,572 5,364,091 104.0% 5,580,572 4.0% TOWN COURT 861,186 914,796 94.1% 861,186 -5.9% TRANSFERS OUT 6,262,832 7,408,264 84.5%6,262,832 -15.5% TOTAL EXPENDITURES 58,401,599 61,260,844 95.3% 58,401,599 -4.7% CHANGE IN FUND BALANCE (2,924,844) (14,187,648) (2,924,844) BEGINNING FUND BALANCE 32,408,542 Plus: Surplus / (Use of Fund Balance)(2,924,844) ENDING FUND BALANCE **29,483,698 * Year-end estimates are subject to further revision ** Ending fund balance amounts are estimates and are subject to further revision FY 2021/2022 Year End Estimate * Budget Year End Estimate * Actuals thru 6/2022 Actuals thru 6/2022 Budget ATTACHMENT B June YTD Financial Status FY 2021/2022 % Budget Completion through June --- 100% Actuals thru 6/2022 Budget % Actuals to Budget Year End Estimate * YE % Variance to Budget REVENUES - LICENSES & PERMITS 28,838 25,000 115.4% 28,838 15.4% STATE/COUNTY SHARED 3,979,751 3,614,922 110.1% 3,979,751 10.1% INTEREST INCOME (16,304) 6,000 -271.7% (16,304) -371.7% MISCELLANEOUS 7,261 2,000 363.1%7,261 263.1% TOTAL REVENUES 3,999,546 3,647,922 109.6% 3,999,546 9.6% Actuals thru 6/2022 Budget % Actuals to Budget Year End Estimate * YE % Variance to Budget EXPENDITURES TRANSPORTATION ENGINEERING 3,711,481 3,766,525 98.5% 3,711,481 -1.5% STREET MAINTENANCE 324,058 324,000 100.0%324,058 0.0% TOTAL EXPENDITURES 4,035,539 4,090,525 98.7% 4,035,539 -1.3% CHANGE IN FUND BALANCE (35,993) (442,603) (35,993) BEGINNING FUND BALANCE 1,242,978 Plus: Surplus / (Use of Fund Balance) (35,993) ENDING FUND BALANCE ** 1,206,985 * Year-end estimates are subject to further revision ** Ending fund balance amounts are estimates and are subject to further revision Highway Fund ATTACHMENT C-1 June YTD Financial Status % Budget Completion through June --- 100% % Actuals YE % Variance to Budget to Budget REVENUES CONTRACTED OPERATING REVENUES Golf Revenues, Trail and Cart Fees 2,568,114 1,966,245 130.6% 2,568,114 30.6% Member Dues 1,149,328 957,000 120.1% 1,149,328 20.1% Food & Beverage 671,479 473,465 141.8% 671,479 41.8% Merchandise & Other 337,423 225,675 149.5%337,423 49.5% 4,726,343 3,622,385 130.5% 4,726,343 30.5% TOWN OPERATING REVENUES Daily Drop-Ins 52,777 30,000 175.9% 52,777 75.9% Member Dues 672,816 526,480 127.8% 672,816 27.8% Recreation Programs 410,986 82,500 498.2% 410,986 398.2% Swim Team/Swim Lessons - 8,000 0.0% - -100.0% Facility Rental Income 84,069 50,500 166.5%84,069 66.5% 1,220,648 697,480 175.0% 1,220,648 75.0% OTHER REVENUES Local Sales Tax 3,535,507 2,932,798 120.6% 3,535,507 20.6% Real Property Rental Income 19,502 19,502 100.0% 19,502 0.0% Interest Income (174,959) 1,000 -17495.9% (174,959) -17595.9% Miscellaneous 167,936 125,100 134.2%167,936 34.2% 3,547,986 3,078,400 115.3% 3,547,986 15.3% TOTAL REVENUES 9,494,977 7,398,265 128.3% 9,494,977 28.3% % Actuals YE % Variance to Budget to Budget EXPENDITURES CONTRACTED OPERATING EXPENDITURES Personnel 1,484,718 1,641,903 90.4% 1,484,718 -9.6% Food & Beverage 630,508 445,441 141.5% 630,508 41.5% Operations & Maintenance 2,454,978 2,429,634 101.0% 2,454,978 1.0% Equipment Leases 135,678 184,550 73.5%135,678 -26.5% 4,705,882 4,701,528 100.1% 4,705,882 0.1% TOWN OPERATING EXPENDITURES Personnel 891,869 875,291 101.9% 891,869 1.9% Operations & Maintenance 288,642 211,290 136.6%288,642 36.6% 1,180,511 1,086,581 108.6% 1,180,511 8.6% CAPITAL OUTLAY 139,003 132,500 104.9% 139,003 4.9% TRANSFERS OUT 296,346 1,868,519 15.9% 296,346 -84.1% TOTAL EXPENDITURES 6,321,742 7,789,128 81.2% 6,321,742 -18.8% CHANGE IN FUND BALANCE 3,173,235 (390,863) 3,173,235 BEGINNING FUND BALANCE 2,676,793 Plus: Surplus / (Use of Fund Balance)3,173,235 ENDING FUND BALANCE **5,850,028 * Year-end estimates are subject to further revision ** Ending fund balance amounts are estimates and are subject to further revision FY 2021/2022 Actuals thru 6/2022 Budget Year End Estimate * Community Center Fund Actuals thru 6/2022 Budget Year End Estimate * ATTACHMENT C-2 Budget Last Year Budget Last Year Actual Budget Variance Last Year Variance Actual Budget Variance Last Year Variance Rounds 2,587 1,800 787 2,156 431 Rounds ‐ Member 34,943 26,800 8,143 32,835 2,108 301 200 101 310 (9)Rounds ‐ Outing 7,969 3,980 3,989 4,061 3,908 1,908 1,200 708 3,261 (1,353)Rounds ‐ Public 54,199 45,070 9,129 49,810 4,389 ==================================================================================================================================================================== 4,796 3,200 1,596 5,727 (931)Total Rounds 97,111 75,850 21,261 86,706 10,405 Revenue 59,599 35,000 24,599 88,767 (29,168)Green Fees 2,238,443 1,684,975 553,468 1,916,178 322,265 23,007 19,045 3,962 22,626 381 Cart Fees 285,330 232,270 53,060 258,027 27,303 1,396 2,500 (1,104)3,680 (2,284)Driving Range 44,341 49,000 (4,659)50,432 (6,091) 0 0 0 0 0 Golf Cards/Passes 19,783 0 19,783 0 19,783 10,756 13,000 (2,244)8,797 1,959 Pro Shop Sales 240,598 201,600 38,998 218,420 22,178 22,977 8,100 14,877 21,421 1,556 Food (Food & Soft Drinks) 346,930 242,640 104,290 196,390 150,539 16,981 14,400 2,581 16,749 232 Beverages (Alcohol) 294,023 230,825 63,198 249,667 44,356 646 0 646 (695)1,341 Other Food & Beverage Revenue 30,526 0 30,526 2,725 27,801 1,083 250 833 1,136 (53)Other Golf Revenues (Club Rent, Handica 34,896 13,075 21,821 25,404 9,492 2,363 750 1,613 4,377 (2,013)Clinic / School Revenue 34,123 11,000 23,123 26,839 7,284 103,075 77,500 25,575 89,976 13,099 Dues Income ‐ Monthly Dues 1,149,328 959,500 189,828 1,021,503 127,825 (1,070)0 (1,070) (7,394)6,323 Miscellaneous Income and Discounts 8,023 0 8,023 5,278 2,744 ================================================================================= ============================================================= ================ 240,812 170,545 70,267 249,442 (8,630)Total Revenue 4,726,343 3,624,885 1,101,458 3,970,865 755,478 Cost of Sales 7,013 9,750 2,737 6,229 (784)COGS ‐ Pro Shop 162,001 148,680 (13,321)152,276 (9,725) 8,200 1,485 (6,715)8,704 504 COGS ‐ Food 100,729 64,330 (36,398)58,724 (42,005) 1,556 1,080 (476)1,256 (300)COGS ‐ Non‐Alcoholic Beverages 17,364 14,310 (3,054)14,935 (2,428) 4,380 4,320 (60)5,069 689 COGS ‐ Alcohol 88,136 69,248 (18,889)73,924 (14,213) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 21,148 16,635 (4,513)21,257 109 Total Cost of Sales 368,230 296,568 (71,662)299,859 (68,371) ================================================================================= ============================================================= ================ 219,663 153,910 65,753 228,185 (8,521)GROSS INCOME 4,358,113 3,328,317 1,029,796 3,671,006 687,108 Labor 25,301 21,238 (4,063)28,115 2,814 Golf Operation Labor 358,485 352,399 (6,086)304,492 (53,993) 32,304 10,213 (22,091)25,454 (6,850)General and Administrative 137,769 138,650 881 132,708 (5,060) 64,173 63,624 (549)68,953 4,780 Maintenance and Landscaping 704,456 778,707 74,251 687,148 (17,308) 20,298 14,653 (5,645)18,124 (2,174)F&B 272,355 216,391 (55,964)203,395 (68,960) 5,584 5,171 (413)5,282 (302)Sales and Marketing 76,843 69,555 (7,288)74,297 (2,545) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 147,660 114,899 (32,761)145,927 (1,732)Total Direct Labor 1,549,907 1,555,702 5,795 1,402,041 (147,866) 13,040 10,915 (2,125)12,859 (181)Total Payroll Taxes 125,265 147,792 22,527 126,077 812 9,320 12,500 3,180 8,259 (1,061)Total Medical/Health Benefits 103,944 150,000 46,056 121,276 17,332 2,164 2,055 (109)1,738 (426)Total Workmans Comp 28,116 24,810 (3,306)20,677 (7,439) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 24,524 25,470 946 22,857 (1,668)Total Payroll Burden 257,325 322,602 65,276 268,029 10,704 ================================================================================= ============================================================= ================ 172,184 140,369 (31,815)168,784 (3,400)Total Labor 1,807,232 1,878,304 71,071 1,670,070 (137,162) Other Operational Expenses 5,156 3,375 (1,781)7,332 2,176 Golf Ops 94,324 60,230 (34,094)83,747 (10,577) 40,819 7,676 (33,143)55,441 14,622 G&A 180,132 131,101 (49,031)213,509 33,378 64,164 26,150 (38,014)43,993 (20,171)Maintenance 603,605 513,166 (90,439)485,703 (117,902) 67,322 4,235 (63,087)18,510 (48,812)F&B 101,765 61,145 (40,620)47,830 (53,935) 4,725 1,050 (3,675)640 (4,084)Sales and Marketing 23,942 22,875 (1,067)26,902 2,960 2,353 16,333 13,980 13,041 10,688 Golf Cart Leases 135,678 178,954 43,276 152,946 17,268 0 0 0 0 0 Equipment Leases 0 0 0 41,928 41,928 129,626 114,110 (15,516)114,467 (15,159)Utilities ‐ Maintenance 999,752 1,154,710 154,958 993,758 (5,994) 18,655 18,000 (655) (63,416) (82,071)Utilities ‐ G&A 186,987 166,880 (20,107)167,925 (19,062) 10,200 10,200 0 10,000 (200)Management Fees 122,400 122,400 0 120,000 (2,400) 0 0 0 0 0 Taxes ‐ Personal Property 4,599 0 (4,599)0 (4,599) 6,262 3,300 (2,962)3,380 (2,882)Insurance ‐ P&C 48,990 39,600 (9,390)51,418 2,428 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 349,282 204,429 (144,853)203,388 (145,894)Total Other Operational Expenses 2,502,174 2,451,061 (51,113)2,385,668 (116,506) ================================================================================= ============================================================= ================ 521,466 344,798 (176,667)372,172 (149,294)Total Expenses 4,309,407 4,329,365 19,958 4,055,739 (253,668) ================================================================================= ============================================================= ================ (301,802)(190,888)(110,914)(143,987)(157,815)EBITDAR 48,706 (1,001,047)1,009,838 (384,733)940,776 ================================================================================= ============================================================= ================ (301,802)(190,888)(110,914)(143,987)(157,815)EBITDA 48,706 (1,001,047)1,009,838 (384,733)940,776 Interest Expense/Dep&Amt 0 0 0 144,700 144,700 Other Expense (343)0 343 201,314 201,657 0 0 0 0 0 Capital Improvements/Cap Reserve 28,589 0 (28,589)0 (28,589) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 0 0 0 144,700 144,700 Total Interest Expense 28,246 0 (28,246)201,314 173,068 ================================================================================= ============================================================= ================ (301,802)(190,888)(110,914)(288,687)(13,115)Net Income 20,461 (1,001,047)1,038,084 (586,047)767,708 El Conquistador Golf Club For the Month Ending June 30th, 2022 June YTD ATTACHMENT DConsolidated Year-to-Date Financial Report through June 2022FY 2021/2022FundFY 21/22Beginning BalanceRevenueOther Fin Sources/Transfers InTotal In Personnel O&M CapitalDebt ServiceOther Fin Uses/ Transfers OutTotal OutFund Balance Through June 2022General Fund 32,408,542 55,476,755 55,476,755 30,011,951 21,515,210 611,606 6,262,832 58,401,599 29,483,698 Highway Fund 1,242,978 3,999,546 3,999,546 1,175,502 604,387 2,255,650 4,035,539 1,206,985 Grants and Contributions Fund - 163,440 100,000 263,440 26,182 64,393 90,575 172,865 Seizure & Forfeiture - Justice/State 266,810 102,014 102,014 123,461 123,461 245,363 Community Center Fund 2,676,793 9,494,977 9,494,977 2,376,587 3,374,128 139,003 432,024 6,321,742 5,850,028 Municipal Debt Service Fund 165,436 136,290 19,357,365 19,493,655 17,981,892 1,517,152 19,499,044 160,047 Oracle Road Debt Service Fund 4,194 104 104 4,298 4,298 - Water Resource System & Dev. Impact Fee Fund 18,744,638 687,900 294,224 982,124 150,000 1,439,606 319,207 1,908,813 17,817,949 Townwide Roadway Dev Impact Fee Fund 1,978,878 185,575 185,575 196,905 196,905 1,967,548 Parks & Recreation Impact Fee Fund 316,645 192,829 192,829 - 509,474 Police Impact Fee Fund 168,764 81,545 81,545 117,750 117,750 132,559 Capital Fund 2,504,029 1,258,214 30,583,500 31,841,714 110,407 368,549 9,573,593 201,067 10,253,616 24,092,127 PAG/RTA Fund 1,248,618 13,614 13,614 458,866 458,866 803,366 Water Utility 13,666,981 18,011,688 201,067 18,212,755 3,365,410 8,285,422 2,040,804 4,215,022 296,626 18,203,284 13,676,452 Stormwater Utility 1,001,740 1,483,587 1,483,587 844,909 313,509 1,158,418 1,326,909 Benefit Self Insurance Fund 2,379,019 3,740,677 3,740,677 3,275,441 3,275,441 2,844,255 Recreation In-Lieu Fee Fund 17,045 (428) (428) - 16,617 Total 78,791,109 95,028,327 50,536,156 145,564,483 37,884,766 56,018,181 16,780,426 6,051,381 7,314,597 124,049,351 100,306,241 ATTACHMENT EGeneral Fund Local Sales Tax Collections FY 2021/22CATEGORY JULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 441,038 419,552 651,924 906,165 509,231 436,821 829,833 525,234 491,178 601,856 466,142 582,006 6,860,980 Utility Sales Tax 321,489 383,548 329,545 323,173 285,048 238,499 253,620 474,092 115,418 252,114 234,820 261,849 3,473,215 Retail Sales Tax 675,726 647,693 641,711 682,029 727,762 814,794 1,015,258 701,089 686,381 818,648 793,639 718,525 8,923,255 Bed Tax 130,217 117,012 93,538 108,884 392,162 157,378 205,021 181,927 257,471 321,178 247,836 171,705 2,384,329 Restaurant & Bar Sales Tax 172,386 162,947 172,178 195,482 227,724 191,664 226,775 199,622 206,978 233,228 226,654 219,474 2,435,113 All Other Local Sales Tax *181,767 180,252 164,385 191,016 284,083 217,626 274,274 225,090 254,639 285,717 248,743 221,793 2,729,386 TOTAL 1,922,624$ 1,911,004$ 2,053,282$ 2,406,749$ 2,426,009$ 2,056,782$ 2,804,781$ 2,307,054$ 2,012,065$ 2,512,741$ 2,217,835$ 2,175,352$ 26,806,278$ FY 2020/21CATEGORY JULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 643,435 471,705 517,101 483,032 384,176 321,621 305,338 241,562 254,568 450,343 409,924 442,859 4,925,664 Utility Sales Tax 267,771 337,260 350,040 360,019 286,715 249,286 245,891 271,681 241,698 227,632 221,458 205,402 3,264,853 Retail Sales Tax 647,068 579,089 560,008 613,570 607,315 709,153 889,306 606,222 620,243 748,368 700,138 692,038 7,972,518 Bed Tax 42,564 33,546 32,879 38,003 170,718 105,673 36,242 40,721 99,686 148,989 144,442 130,433 1,023,896 Restaurant & Bar Sales Tax 127,814 114,578 118,223 130,147 158,913 137,151 142,356 130,977 154,257 183,628 167,142 191,389 1,756,575 All Other Local Sales Tax *117,419 174,520 141,653 120,588 200,416 200,756 183,337 164,894 171,734 218,085 193,522 201,188 2,088,112 TOTAL 1,846,071$ 1,710,698$ 1,719,904$ 1,745,360$ 1,808,253$ 1,723,640$ 1,802,470$ 1,456,056$ 1,542,186$ 1,977,045$ 1,836,626$ 1,863,309$ 21,031,618$ * Note: Does not include cable franchise fees or sales tax audit revenues ATTACHMENT FGeneral Fund State Shared RevenuesFY 2021/22CATEGORY JULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALState Shared Income Tax 500,637 500,637 517,313 517,313 517,313 517,313 517,313 517,313 517,313 517,313 517,313 517,313 6,174,404 State Shared Sales Tax 291,674 534,620 464,795 538,626 428,064 680,044 569,532 458,855 555,746 671,412 521,466 922,244 6,637,078 County Auto Lieu 100,364 178,439 214,084 179,539 176,572 183,593 166,138 185,396 187,906 231,739 168,035 298,521 2,270,326 Smart and Safe- - - - - 113,051 - 59 15 - - 122,828 235,953 TOTAL 892,675$ 1,213,696$ 1,196,192$ 1,235,478$ 1,121,949$ 1,494,001$ 1,252,983$ 1,161,623$ 1,260,980$ 1,420,464$ 1,206,814$ 1,860,906$ 15,317,760$ FY 2020/21CATEGORY JULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALState Shared Income Tax 548,361 548,361 548,361 548,361 548,361 548,360 548,361 548,361 548,361 548,361 548,361 548,361 6,580,331 State Shared Sales Tax 243,577 413,638 354,744 490,371 357,106 523,608 454,947 376,182 433,435 572,504 533,021 709,210 5,462,343 County Auto Lieu 98,728 256,745 217,528 201,958 162,796 190,665 190,824 175,212 182,116 216,303 197,466 302,323 2,392,664 Smart and Safe- - - - - - - - - - - 47,246 47,246 TOTAL 890,666$ 1,218,744$ 1,120,633$ 1,240,690$ 1,068,263$ 1,262,633$ 1,194,132$ 1,099,755$ 1,163,912$ 1,337,168$ 1,278,848$ 1,607,140$ 14,482,584$ Fiscal Year 2021/22 Financial Update Through June 2022 September 21, 2022 GENERAL FUND REVENUES REVENUE SOURCE Budget Actuals Thru 6/2022 % of Budget Year -End Estimate Notes Local Sales Taxes $ 21,157,707 $ 27,804,802 131.4%$ 27,804,802 Higher than expected growth; recovery in categories impacted by COVID; inflation State Shared Revenues 13,729,923 15,317,760 111.6%15,317,760 Higher than expected; new Smart & Safe funds received this year Charges for Services 2,387,776 2,660,066 111.4%2,660,066 Higher than expected; strong recreation revenue Licenses & Permits 1,849,000 2,390,080 129.3%2,390,080 Higher than expected; strong commercial activity and healthy residential revenue Grant Revenue 6,065,290 6,005,913 99.0%6,005,913 Includes amount of American Rescue Plan Act (ARPA) funds recognized this year All Other 1,883,500 1,298,134 68.9%1,298,134 Includes other intergovernmental revenue, interest income and miscellaneous revenue TOTAL GENERAL FUND REVENUES $ 47,073,196 $ 55,476,755 117.9%$ 55,476,755 Outperformed budget by $8.4M or nearly 18% GENERAL FUND EXPENDITURES EXPENDITURE CATEGORY Budget Actuals Thru 6/2022 % of Budget Year -End Estimate Notes Personnel $ 30,775,632 $ 30,011,952 97.5%$ 30,011,952 Slightly below budget due to personnel vacancies throughout the year Operations & Maintenance 21,981,773 21,515,210 97.9%21,515,210 Slightly below budget due primarily to building repair & maintenance, insurance, funding of outside sources and outside professional services Capital 1,095,175 611,606 55.8%611,606 Westward Look improvements rolled over to FY 22/23 Transfers Out 7,408,264 6,262,832 84.5%6,262,832 Transfers to debt service and Capital Fund. No principal payment in FY 21/22 for pension obligation bonds. TOTAL GENERAL FUND EXPENDITURES $ 61,260,844 $ 58,401,599 95.3%$ 58,401,599 Under budget by $2.9M or 4.7% Budgeted Use of Fund Balance: ($14.2M) Estimated Use of Fund Balance = ($2.9M) Estimated Ending Fund Balance: $29.5M 54.7% of budgeted expenditures Exceeds Council 25% Policy by $16.0M GENERAL FUND $53.6M $42.1M $55.5M $58.4M $47.1M $61.3M $M $10M $20M $30M $40M $50M $60M $70M Revenues Expenditures General Fund FY 21/22 Through June PY Actual CY Actual CY Budget HIGHWAY FUND REVENUES REVENUE SOURCE Budget Actuals Thru 6/2022 % of Budget Year -End Estimate Notes Licenses & Permits $ 25,000 $ 28,838 115.4%$ 28,838 Higher than expected permit activity State Shared Revenues 3,614,922 3,979,751 110.1%3,979,751 7% growth over previous fiscal year All Other 8,000 (9,043)-113.0%(9,043)Due to fair market valuation of investments at year-end TOTAL HIGHWAY FUND REVENUES $ 3,647,922 $ 3,999,546 109.6%$ 3,999,546 Outperformed budget by $350K or 9.6% HIGHWAY FUND EXPENDITURES EXPENDITURE CATEGORY Budget Actuals Thru 6/2022 % of Budget Year -End Estimate Notes Personnel $ 1,208,870 $ 1,175,502 97.2%$ 1,175,502 Under budget due to personnel vacancies/refills and overtime savings Operations & Maintenance 616,655 604,387 98.0%604,387 Savings in various Transportation Engineering line-items Capital 2,265,000 2,255,650 99.6%2,255,650 Actuals as expected TOTAL HIGHWAY FUND EXPENDITURES $ 4,090,525 $ 4,035,539 98.7%$ 4,035,539 Under budget by $55K or 1.3% Budgeted Use of Fund Balance: ($443,000) Estimated Use of Fund Balance = ($36,000) Estimated Ending Fund Balance: $1.2M HIGHWAY FUND $3.8M $3.4M $4.0M $4.0M $3.6M $4.1M $.0M $.5M $1.0M $1.5M $2.0M $2.5M $3.0M $3.5M $4.0M $4.5M $5.0M Revenues Expenditures Highway Fund FY 21/22 Through June PY Actual CY Actual CY Budget COMMUNITY CENTER FUND REVENUES REVENUE SOURCE Budget Actuals Thru 6/2022 % of Budget Year -End Estimate Notes Contracted Operating Revenues $ 3,622,385 $ 4,726,343 130.5%$ 4,726,343 All revenues sources significantly higher than expected. Town Operating Revenues 697,480 1,220,648 175.0%1,220,648 Significant outperformance to budget for recreation program revenue and member dues Other Revenues 3,078,400 3,547,986 115.3%3,547,986 Includes 1/2 cent sales tax revenues, HOA contributions, interest income and other miscellaneous revenues. Higher than expected local sales tax. TOTAL COMM. CENTER FUND REVENUES $ 7,398,265 $ 9,494,977 128.3%$ 9,494,977 Outperformed budget by $2.1M or 28.3% COMMUNITY CENTER FUND EXPENDITURES EXPENDITURE CATEGORY Budget Actuals Thru 6/2022 % of Budget Year -End Estimate Notes Contracted Operating Expenditures $ 4,701,528 $ 4,705,882 100.1%$ 4,705,882 Actuals as expected. Food & beverage and O&M costs were over budget by $185,000 and $25,000 respectively due to cost of sales from greater than expected sales. Town Operating Expenditures 1,086,581 1,180,511 108.6%1,180,511 Overage due to contract personnel services and additional grounds maintenance costs Capital Outlay 132,500 139,003 104.9%139,003 Slightly over budget due to needs at both the Community Center and Pusch facility Transfers Out 1,868,519 296,346 15.9%296,346 Actuals reflect transfers for debt service. Interest only payment on Parks & Rec bonds for FY 21/22. TOTAL COMM. CENTER FUND EXPENDITURES $ 7,789,128 $ 6,321,742 81.2%$ 6,321,742 Under budget by nearly $1.5M or 18.8% COMMUNITY CENTER FUND Budgeted Use of Fund Balance: ($0.4M) Estimated Surplus: $3.2M Estimated Ending Fund Balance: $5.9M $7.6M $5.8M $9.5M $6.3M $7.4M $7.8M $M $1M $2M $3M $4M $5M $6M $7M $8M $9M $10M Revenues Expenditures Community Center Fund FY 21/22 Through June PY Actual CY Actual CY Budget MONTHLY FINANCIAL UPDATE QUESTIONS?    Town Council Regular Session A. Meeting Date:09/21/2022   Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - September 7, 2022 RECOMMENDATION: Staff recommends approval.  EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve (approve with the following changes) the September 7, 2022 minutes.  Attachments 9-7-22 Draft Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION SEPTEMBER 7, 2022 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 5:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 5:01 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember (attended via Zoom) Steve Solomon, Councilmember EXECUTIVE SESSION - PURSUANT TO A.R.S. §38-431.03(A)(1), (A)(3) and/or (A)(4) - Town Magistrate contract discussion    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 5:03 p.m., pursuant to A.R.S. §38-431.03(A)(1), (A)(3) and/or (A)(4) - Town Magistrate contract discussion.  Vote: 7 - 0 Carried    Mayor Winfield announced that the following staff would be joining Council in Executive Session: Magistrate Judge James Hazel, Town Attorney Jonathan Rothschild, Town Clerk Mike Standish and, if necessary, the Human Resources Director Andy Votava and Town Manager Mary Jacobs.   RESUME REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield resumed the Regular Session at 6:06 p.m.   9-7-22 Minutes, Oro Valley Town Council Regular Session 1    ROLL CALL    Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember (attended via Zoom) Steve Solomon, Councilmember   1.FOR DIRECTION TO THE TOWN MANAGER AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION PERTAINING TO THE TOWN MAGISTRATE CONTRACT DISCUSSION       Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett that the Town Magistrate be allowed to reduce his work schedule to 26.5 hours per week through the staffing agency Staffing Matters. As an exempt employee, the Town Magistrate would be available 24 hours a day to respond to the needs of the community. There would be a reduction in compensation to $114,563.58 and there would be an insurance stipend of $10,569.36. This will result in a savings to the Town of $34,841.80 and that the Town Manager and Town Council will be authorized to enter into a contract with Staffing Matters with the Town Magistrate as an agent of Staffing Matters.  Vote: 7 - 0 Carried   PLEDGE OF ALLEGIANCE    Members of the Daughters of the American Revolution (DAR) led the audience in the Pledge of Allegiance.   UPCOMING MEETING ANNOUNCEMENTS    Town Clerk Mike Standish announced the upcoming Town meetings.   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS    Councilmember Jones-Ivey reported on the upcoming Canyon Del Oro Project Graduation fundraising events. Councilmember Greene reported that he had attended the last day of the Oro Valley Community Center's summer camp. Councilmember Greene thanked the Parks and Recreation staff for providing such a wonderful camp. Councilmember Greene reported that there were very few incidents this Moonsoon season, which he attributed to the Storm Water Utility's proactive approach to residences. Vice-Mayor Barrett reported that six members of the Council had attended the League of Arizona Cities and Towns Annual Conference held August 30th through September 2nd in Glendale, AZ.   TOWN MANAGER'S REPORT ON CURRENT EVENTS    Town Manager Mary Jacobs reported the following information: 9-7-22 Minutes, Oro Valley Town Council Regular Session 2   Town Manager Mary Jacobs reported the following information: Provided an update on the upcoming Oro Valley Community Academy Congratulated the Planning Department on their recent recognition from the Arizona Chapter of the American Planning Association Reported the Oro Valley Parks and Recreation's Fall Recreation Schedule would be provided in the Northwest Explorer Newspaper the week of September 12, 2022. The schedule would also be available at playov.com Invited residents to tune into the monthly "This is Oro Valley" podcasts   ORDER OF BUSINESS    Mayor Winfield reorganized the agenda by moving Regular Agenda item #3 to the end of the agenda. The remaining items would remain as posted.   INFORMATIONAL ITEMS    There were no informational items.   CALL TO AUDIENCE    Oro Valley resident Tim Tarris voiced his concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request. Oro Valley resident Mike Zinkin voiced his concerns regarding the funding of various projects. Councilmember Solomon requested a future agenda item for a presentation to Council regarding a detailed budget and costs of all the different improvements being done at Naranja Park, seconded by Mayor Winfield. Councilmember Solomon requested a future agenda item for staff to present a report on the status and proposals for the ADA improvements at the Community Center, seconded by Mayor Winfield. Mayor Winfield requested that staff review and respond to the email that would be received from Mr. Zinkin.   PRESENTATIONS   1.Proclamation - Constitution Week       Mayor Winfield proclaimed the week of September 17 through the 23, 2022, as Constitution Week. Ms. Penny Simon-Nielsen accepted the proclamation and introduced the Kachina Society Children.   2.Proclamation - National Preparedness Month       Mayor Winfield proclaimed the month of September 2022 as Preparedness Month in the Town of Oro 9-7-22 Minutes, Oro Valley Town Council Regular Session 3   Mayor Winfield proclaimed the month of September 2022 as Preparedness Month in the Town of Oro Valley. Town of Oro Valley Regional Emergency Response Planner Louie Valenzuela accepted the proclamation.   3.Proclamation - National I.T. Professionals Day       Mayor Winfield proclaimed September 20, 2022 as National I.T. Professionals Day. Chief Information Officer Chuck Boyer accepted the proclamation.   CONSENT AGENDA   A.Minutes - July 20 and August 18, 2022      B.Reappointment to the Public Safety Personnel Retirement System (PSPRS) Local Board      C.Approval of appointment(s) to the Historic Preservation Commission       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to approve Consent Agenda items (A) - (C).  Vote: 7 - 0 Carried   REGULAR AGENDA   2.DISCUSSION AND POSSIBLE ACTION REGARDING A CONCEPTUAL SITE AND LANDSCAPE PLAN FOR A PROPOSED 64-LOT SUBDIVISION KNOWN AS NARANJA TRAILS, LOCATED SOUTH OF THE NARANJA DRIVE AND HIGHLANDS WASH INTERSECTION, APPROXIMATELY 1/4-MILE WEST OF N. FIRST AVENUE       Planning Manager Bayer Vella, and the Public Works Director and Town Engineer Paul Keesler, presented item #1 and included the following: Purpose Site History and Requirements Mr. Keesler continued the presentation and included the following: Drainage and Floodplain Highlands Wash and the Retention Basin Retention Basin Spatial Relationships Where and How Drainage Crosses Naranja Drive Drainage & Grading Traffic Mr. Vella resumed the presentation and included the following: Public Outreach & Planning and Zoning Summary and Recommendation 9-7-22 Minutes, Oro Valley Town Council Regular Session 4  Paul Oland, representing the applicant, provided additional information regarding the proposed Naranja Trails subdivision. Town Attorney Jonathan Rothschild provided a statement regarding the existing legal constraints regarding the proposed Naranja Trails subdivision. The following individuals spoke in opposition to item #2. Oro Valley resident Sue Renard Oro Valley resident Aldee Rose Oro Valley resident Brenda Harris Oro Valley resident Mary Rambough Discussion ensued amongst Council and staff regarding item #2.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Harry Greene to approve the proposed Conceptual Site Plan and Landscape Plan, based on a finding it is in conformance with the River's Edge Planned Area Development and raise the height limit to 28 feet subject to two stories being placed according to the Oro Valley zoning code.  Vote: 7 - 0 Carried    Mayor Winfield recessed the meeting at 8:22 p.m. Mayor Winfield resumed the meeting at 8:35 p.m.   3.DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING POSSIBLE VACATION AND SHORT-TERM RENTAL REGULATIONS       Councilmember Solomon and Mayor Winfield requested this agenda item. Councilmember Solomon clarified his request for this agenda item. Discussion ensued amongst Council and staff regarding item #3. There was Council consensus to have staff prepare an ordinance to regulate vacations and short-term rentals. Town Manager Mary Jacobs stated that staff would return to Council at a future meeting with a proposal that would support the maximum, legally supportable, regulations that could be implemented in Oro Valley regarding vacation and short-term rentals.   4.DISCUSSION REGARDING THE PROCESS BY WHICH PUBLIC ART IS SELECTED AND EXECUTED       Councilmember Greene and Councilmember Solomon requested this agenda item. Councilmember Greene clarified his request for this agenda item. Discussion ensued amongst Council and staff regarding item #3.   5.DISCUSSION REGARDING PROGRESS OF THE HAWK SIGNAL ON NARANJA DRIVE JUST WEST OF LA CHOLLA BOULEVARD      9-7-22 Minutes, Oro Valley Town Council Regular Session 5   Councilmember Bohen and Councilmember Nicolson requested this agenda item. Councilmember Bohen clarified his request for this agenda item. Public Works Director and Town Engineer, Paul Keesler, provided an update on the status and completion of the HAWK Signal on Naranja Drive. Discussion ensued amongst Council and staff regarding item #5.   6.DISCUSSION REGARDING LIGHT POLE PROTOCOLS AT NARANJA PARK       Motion by Councilmember Harry Greene, seconded by Mayor Joseph C. Winfield to go into Executive Session at 9:09 p.m. pursuant to A.R.S.§38-431.03 (A)(3), to obtain legal advice on this issue. The following staff would join Council in Executive Session; Town Manager Mary Jacobs, Deputy Town Manager Chris Cornelison, Town Attorney Jonathan Rothschild, Chief Civil Deputy Attorney Joe Andrews and Town Clerk Mike Standish.  Vote: 7 - 0 Carried    Mayor Winfield resumed the Regular Session at 10:17 p.m.   FUTURE AGENDA ITEMS    Vice Mayor Barrett requested a future agenda item be added for discussion and possible direction regarding the design and public participation process for the bond-funded amenities, seconded by Councilmember Nicolson.   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to adjourn the meeting at 10:18 p.m.  Vote: 7 - 0 Carried     ____________________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 7th day of September 2022. I further certify that the meeting was duly called and held and that a quorum was present. ____________________________________________ Michael Standish, CMC Town Clerk 9-7-22 Minutes, Oro Valley Town Council Regular Session 6     Town Council Regular Session B. Meeting Date:09/21/2022   Submitted By:David Gephart, Finance Department:Finance SUBJECT: Resolution No. (R)22-39, approving a loan agreement between the General Fund and Water Fund RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: American Rescue Plan Act (ARPA) funds distributed to state and local governments have four allowable uses:  Replace lost public sector revenue Support the Covid-19 public health and economic response Premium pay for eligible workers Invest in water, sewer, and broadband infrastructure The Town has received a total of $15.38 million from ARPA.  With the approval of the FY22/23 budget, the Town elected to exercise the $10 million standard allowance for replacement of lost public sector revenue and have applied those funds to the Capital Improvement Fund for one-time projects.  The remaining $5.38 million was included in the adopted FY22/23 budget for water utility infrastructure improvements.  An interfund loan agreement is proposed from the Town General Fund to the Town Water Utility Fund that would result in an ultimate benefit of both the Town and its Water Utility in the use of the ARPA funds, resulting in a repayment of Water Funds back to the General Fund over time while also saving the Water Utility planned borrowing costs.  The proposed terms of the loan are the following:  Loan amount: $5.38 million Interest rate: 1.5% Term: 180 months No prepayment penalty Repayments begin the month after full amount has been drawn by Water Utility Full amount of loan must be encumbered by December 31, 2024, and spent by December 31, 2026, by Water Utility BACKGROUND OR DETAILED INFORMATION: The Town of Oro Valley received $15.38 million from the federal government as its share of the Coronavirus State and Local Fiscal Recovery Funds (SLFRF), which is part of the American Rescue Plan Act (ARPA) signed into law on March 11, 2021.  The distributed funds are to economically assist the Town in response to the coronavirus pandemic.  The funds were distributed to the Town in two separate, equal tranches: $7.69 million was received on June 28, 2021, and another $7.69 million was received on July 13, 2022. The final rule released by the U.S. Department of the Treasury (Treasury) provides a $10 million standard allowance election to local governments for "lost revenue" as a result of the pandemic.  The Town has chosen to make that election.  As a result, $10 million of the $15.38 million is not subject to the other qualified uses (restrictions) of the funds, leaving $5.38 million subject to federally-mandated restrictions. In addition to the $10 million "lost revenue" provision, other qualified uses for the funds include the following:  In addition to the $10 million "lost revenue" provision, other qualified uses for the funds include the following:  Public health and economic impacts Premium pay Water, sewer & broadband infrastructure Town staff recommended, and the Town Council subsequently approved via the FY22/23 budget that the remaining $5.38 million be utilized in infrastructure upgrades to the Town's water system, which is a clear allowable utilization of the funds under Treasury final rules.  In discussing the possibilities with our auditors, staff is further recommending these funds be provided to the Water Utility in the form of a loan.  The benefits of this structure are the following:  The Water Utility will forgo the need to request outside financial assistance via a debt offering or loan.  This saves the Water Utility debt issuance costs and professional fees, in addition to paying a "below-market" interest rate for the funds. The Water Utility further benefits from only paying interest on amounts drawn until the entire loan balance has been drawn, giving the Water Utility significant flexibility as to the timing of the draws.  Debt issuances and other outside loans typically provide the entire balance requested up front, requiring the borrower to begin repayment on the entire loan balance and accruing interest immediately upon disbursement, irrespective of the timing of when the funds are utilized to fund capital improvements.  Under the proposed structure, the Water Utility has broad discretion when to draw on the loan, as long as amounts are obligated no later than December 31, 2024 and spent by December 31, 2026, which is also a stipulation for the use of ARPA funds. The Town benefits from the structure through satisfaction of the grant restrictions, while also receiving other funds back from the Water Utility in the amount of the loan over time to be utilized for any purpose the Town deems appropriate and necessary. The Town further benefits by being able to invest ARPA monies until they are needed/drawn by the Water Utility, and provides a guaranteed rate of return in the future for the funds. The Water Utility is intended to be self-supporting, which is why the structure with a fixed interest rate is being proposed.  The recommended interest rate is 1.5% per annum, which is slightly below the typical 1.9-2.1% the Town receives in its investments due to statutory limitations on investment vehicles.  Monthly repayments are recommended over a 180-month term, with no early repayment penalty. FISCAL IMPACT: $5.38 million in principal + $631,000 in interest, paid over 15 years will be deposited back to the Town's General Fund for future use. SUGGESTED MOTION: I MOVE to approve Resolution No. (R)22-39, authorizing and approving an interfund loan between the Oro Valley General Fund and Oro Valley Water Fund in the amount of $5,377,781.40.   Attachments (R)22-39 OV Interfund Loan Resolution  Award Notification  ARPA Final Rule Overview  492956 1 RESOLUTION NO. (R)22-39 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AN INTERFUND LOAN TO PROVIDE FINANCING FOR VARIOUS CAPITAL AND OPERATIONAL NEEDS AND PROVIDING FOR THE LOAN REPAYMENTS THEREOF WHEREAS, from time to time the Town of Oro Valley, Arizona (the “Town”) requires financing to provide resources for capital projects and operational needs; and WHEREAS, interfund loans are an acceptable form of financing for municipalities for both long-term financing and short-term liquidity needs; and WHEREAS, the Town has sufficient funds available to provide interfund loans without detriment to the Town’s operating needs; and WHEREAS, the Mayor and Town Council of the Town (the “Town Council”) desires to authorize certain interfund loans to provide financing for various operating and capital projects; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: Section 1. An interfund loan is hereby authorized as follows: Lending Fund: Water Fund Borrowing Fund: General Fund Amount: $5,377,781.40 Interest Rate: 1.50% Term: 15 years Effective Date: September 21, 2022 Purpose: Water Infrastructure Improvements Section 2. The interfund loan shall be repaid on a monthly basis commencing the month after the entire loan has been drawn, according to the amortization schedule attached as Attachment A. Section 3. The interfund loan may be repaid in its entirety at any time without penalty. 492956 2 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 21st day of September 2022. Joseph C. Winfield, Mayor ATTEST: __________________________________ Michael Standish, Town Clerk APPROVED AS TO FORM: _________________________________ Tobin Sidles, Legal Services Director CERTIFICATION I, Michael Standish, the duly appointed and acting Town Clerk of the Town of Oro Valley, Arizona, do hereby certify that the above and foregoing Resolution No. (R)22-39 was duly passed by the Mayor and Town Council of the Town of Oro Valley, Arizona, at a regular meeting held on September 21, 2022, and that a quorum was present thereat. Michael Standish, Town Clerk 492956 3 RESOLUTION NO. (R)22-39 ATTACHMENT A AMORTIZATION SCHEDULE Oro Valley Water Fund Loan Enter values 5,377,781.40$ 1.50% 15 33,382.20$ 180 631,015.08$ 6,008,796.48$ Month Beginning Balance Payment Principal Interest Ending Balance 1 5,377,781.40$ 33,382.20$ 26,659.98$ 6,722.23$ 5,351,121.42$ 2 5,351,121.42$ 33,382.20$ 26,693.30$ 6,688.90$ 5,324,428.12$ 3 5,324,428.12$ 33,382.20$ 26,726.67$ 6,655.54$ 5,297,701.46$ 4 5,297,701.46$ 33,382.20$ 26,760.08$ 6,622.13$ 5,270,941.38$ 5 5,270,941.38$ 33,382.20$ 26,793.53$ 6,588.68$ 5,244,147.85$ 6 5,244,147.85$ 33,382.20$ 26,827.02$ 6,555.18$ 5,217,320.84$ 7 5,217,320.84$ 33,382.20$ 26,860.55$ 6,521.65$ 5,190,460.28$ 8 5,190,460.28$ 33,382.20$ 26,894.13$ 6,488.08$ 5,163,566.16$ 9 5,163,566.16$ 33,382.20$ 26,927.74$ 6,454.46$ 5,136,638.41$ 10 5,136,638.41$ 33,382.20$ 26,961.40$ 6,420.80$ 5,109,677.01$ 11 5,109,677.01$ 33,382.20$ 26,995.11$ 6,387.10$ 5,082,681.90$ 12 5,082,681.90$ 33,382.20$ 27,028.85$ 6,353.35$ 5,055,653.05$ 13 5,055,653.05$ 33,382.20$ 27,062.64$ 6,319.57$ 5,028,590.41$ 14 5,028,590.41$ 33,382.20$ 27,096.46$ 6,285.74$ 5,001,493.95$ 15 5,001,493.95$ 33,382.20$ 27,130.34$ 6,251.87$ 4,974,363.61$ 16 4,974,363.61$ 33,382.20$ 27,164.25$ 6,217.95$ 4,947,199.37$ 17 4,947,199.37$ 33,382.20$ 27,198.20$ 6,184.00$ 4,920,001.16$ 18 4,920,001.16$ 33,382.20$ 27,232.20$ 6,150.00$ 4,892,768.96$ 19 4,892,768.96$ 33,382.20$ 27,266.24$ 6,115.96$ 4,865,502.72$ 20 4,865,502.72$ 33,382.20$ 27,300.32$ 6,081.88$ 4,838,202.40$ 21 4,838,202.40$ 33,382.20$ 27,334.45$ 6,047.75$ 4,810,867.95$ 22 4,810,867.95$ 33,382.20$ 27,368.62$ 6,013.58$ 4,783,499.33$ 23 4,783,499.33$ 33,382.20$ 27,402.83$ 5,979.37$ 4,756,096.50$ 24 4,756,096.50$ 33,382.20$ 27,437.08$ 5,945.12$ 4,728,659.42$ 25 4,728,659.42$ 33,382.20$ 27,471.38$ 5,910.82$ 4,701,188.04$ 26 4,701,188.04$ 33,382.20$ 27,505.72$ 5,876.49$ 4,673,682.32$ 27 4,673,682.32$ 33,382.20$ 27,540.10$ 5,842.10$ 4,646,142.22$ 28 4,646,142.22$ 33,382.20$ 27,574.52$ 5,807.68$ 4,618,567.70$ 29 4,618,567.70$ 33,382.20$ 27,608.99$ 5,773.21$ 4,590,958.70$ 30 4,590,958.70$ 33,382.20$ 27,643.50$ 5,738.70$ 4,563,315.20$ 31 4,563,315.20$ 33,382.20$ 27,678.06$ 5,704.14$ 4,535,637.14$ 32 4,535,637.14$ 33,382.20$ 27,712.66$ 5,669.55$ 4,507,924.48$ 33 4,507,924.48$ 33,382.20$ 27,747.30$ 5,634.91$ 4,480,177.19$ 34 4,480,177.19$ 33,382.20$ 27,781.98$ 5,600.22$ 4,452,395.21$ 35 4,452,395.21$ 33,382.20$ 27,816.71$ 5,565.49$ 4,424,578.50$ 36 4,424,578.50$ 33,382.20$ 27,851.48$ 5,530.72$ 4,396,727.02$ Monthly payment Number of payments Total interest Total cost of loan Loan amount Annual interest rate Loan period in years 492956 4 37 4,396,727.02$ 33,382.20$ 27,886.29$ 5,495.91$ 4,368,840.72$ 38 4,368,840.72$ 33,382.20$ 27,921.15$ 5,461.05$ 4,340,919.57$ 39 4,340,919.57$ 33,382.20$ 27,956.05$ 5,426.15$ 4,312,963.52$ 40 4,312,963.52$ 33,382.20$ 27,991.00$ 5,391.20$ 4,284,972.52$ 41 4,284,972.52$ 33,382.20$ 28,025.99$ 5,356.22$ 4,256,946.53$ 42 4,256,946.53$ 33,382.20$ 28,061.02$ 5,321.18$ 4,228,885.51$ 43 4,228,885.51$ 33,382.20$ 28,096.10$ 5,286.11$ 4,200,789.42$ 44 4,200,789.42$ 33,382.20$ 28,131.22$ 5,250.99$ 4,172,658.20$ 45 4,172,658.20$ 33,382.20$ 28,166.38$ 5,215.82$ 4,144,491.82$ 46 4,144,491.82$ 33,382.20$ 28,201.59$ 5,180.61$ 4,116,290.23$ 47 4,116,290.23$ 33,382.20$ 28,236.84$ 5,145.36$ 4,088,053.39$ 48 4,088,053.39$ 33,382.20$ 28,272.14$ 5,110.07$ 4,059,781.26$ 49 4,059,781.26$ 33,382.20$ 28,307.48$ 5,074.73$ 4,031,473.78$ 50 4,031,473.78$ 33,382.20$ 28,342.86$ 5,039.34$ 4,003,130.92$ 51 4,003,130.92$ 33,382.20$ 28,378.29$ 5,003.91$ 3,974,752.63$ 52 3,974,752.63$ 33,382.20$ 28,413.76$ 4,968.44$ 3,946,338.87$ 53 3,946,338.87$ 33,382.20$ 28,449.28$ 4,932.92$ 3,917,889.59$ 54 3,917,889.59$ 33,382.20$ 28,484.84$ 4,897.36$ 3,889,404.75$ 55 3,889,404.75$ 33,382.20$ 28,520.45$ 4,861.76$ 3,860,884.30$ 56 3,860,884.30$ 33,382.20$ 28,556.10$ 4,826.11$ 3,832,328.21$ 57 3,832,328.21$ 33,382.20$ 28,591.79$ 4,790.41$ 3,803,736.41$ 58 3,803,736.41$ 33,382.20$ 28,627.53$ 4,754.67$ 3,775,108.88$ 59 3,775,108.88$ 33,382.20$ 28,663.32$ 4,718.89$ 3,746,445.57$ 60 3,746,445.57$ 33,382.20$ 28,699.15$ 4,683.06$ 3,717,746.42$ 61 3,717,746.42$ 33,382.20$ 28,735.02$ 4,647.18$ 3,689,011.40$ 62 3,689,011.40$ 33,382.20$ 28,770.94$ 4,611.26$ 3,660,240.46$ 63 3,660,240.46$ 33,382.20$ 28,806.90$ 4,575.30$ 3,631,433.56$ 64 3,631,433.56$ 33,382.20$ 28,842.91$ 4,539.29$ 3,602,590.65$ 65 3,602,590.65$ 33,382.20$ 28,878.96$ 4,503.24$ 3,573,711.68$ 66 3,573,711.68$ 33,382.20$ 28,915.06$ 4,467.14$ 3,544,796.62$ 67 3,544,796.62$ 33,382.20$ 28,951.21$ 4,431.00$ 3,515,845.41$ 68 3,515,845.41$ 33,382.20$ 28,987.40$ 4,394.81$ 3,486,858.02$ 69 3,486,858.02$ 33,382.20$ 29,023.63$ 4,358.57$ 3,457,834.39$ 70 3,457,834.39$ 33,382.20$ 29,059.91$ 4,322.29$ 3,428,774.48$ 71 3,428,774.48$ 33,382.20$ 29,096.23$ 4,285.97$ 3,399,678.24$ 72 3,399,678.24$ 33,382.20$ 29,132.60$ 4,249.60$ 3,370,545.64$ 73 3,370,545.64$ 33,382.20$ 29,169.02$ 4,213.18$ 3,341,376.62$ 74 3,341,376.62$ 33,382.20$ 29,205.48$ 4,176.72$ 3,312,171.14$ 75 3,312,171.14$ 33,382.20$ 29,241.99$ 4,140.21$ 3,282,929.15$ 76 3,282,929.15$ 33,382.20$ 29,278.54$ 4,103.66$ 3,253,650.61$ 77 3,253,650.61$ 33,382.20$ 29,315.14$ 4,067.06$ 3,224,335.47$ 78 3,224,335.47$ 33,382.20$ 29,351.78$ 4,030.42$ 3,194,983.68$ 79 3,194,983.68$ 33,382.20$ 29,388.47$ 3,993.73$ 3,165,595.21$ 80 3,165,595.21$ 33,382.20$ 29,425.21$ 3,956.99$ 3,136,170.00$ 81 3,136,170.00$ 33,382.20$ 29,461.99$ 3,920.21$ 3,106,708.01$ 82 3,106,708.01$ 33,382.20$ 29,498.82$ 3,883.39$ 3,077,209.19$ 83 3,077,209.19$ 33,382.20$ 29,535.69$ 3,846.51$ 3,047,673.50$ 84 3,047,673.50$ 33,382.20$ 29,572.61$ 3,809.59$ 3,018,100.89$ 85 3,018,100.89$ 33,382.20$ 29,609.58$ 3,772.63$ 2,988,491.32$ 86 2,988,491.32$ 33,382.20$ 29,646.59$ 3,735.61$ 2,958,844.73$ 87 2,958,844.73$ 33,382.20$ 29,683.65$ 3,698.56$ 2,929,161.08$ 88 2,929,161.08$ 33,382.20$ 29,720.75$ 3,661.45$ 2,899,440.33$ 89 2,899,440.33$ 33,382.20$ 29,757.90$ 3,624.30$ 2,869,682.43$ 90 2,869,682.43$ 33,382.20$ 29,795.10$ 3,587.10$ 2,839,887.33$ 91 2,839,887.33$ 33,382.20$ 29,832.34$ 3,549.86$ 2,810,054.98$ 92 2,810,054.98$ 33,382.20$ 29,869.63$ 3,512.57$ 2,780,185.35$ 93 2,780,185.35$ 33,382.20$ 29,906.97$ 3,475.23$ 2,750,278.38$ 94 2,750,278.38$ 33,382.20$ 29,944.35$ 3,437.85$ 2,720,334.02$ 95 2,720,334.02$ 33,382.20$ 29,981.79$ 3,400.42$ 2,690,352.24$ 96 2,690,352.24$ 33,382.20$ 30,019.26$ 3,362.94$ 2,660,332.98$ 492956 5 97 2,660,332.98$ 33,382.20$ 30,056.79$ 3,325.42$ 2,630,276.19$ 98 2,630,276.19$ 33,382.20$ 30,094.36$ 3,287.85$ 2,600,181.83$ 99 2,600,181.83$ 33,382.20$ 30,131.98$ 3,250.23$ 2,570,049.86$ 100 2,570,049.86$ 33,382.20$ 30,169.64$ 3,212.56$ 2,539,880.22$ 101 2,539,880.22$ 33,382.20$ 30,207.35$ 3,174.85$ 2,509,672.86$ 102 2,509,672.86$ 33,382.20$ 30,245.11$ 3,137.09$ 2,479,427.75$ 103 2,479,427.75$ 33,382.20$ 30,282.92$ 3,099.28$ 2,449,144.83$ 104 2,449,144.83$ 33,382.20$ 30,320.77$ 3,061.43$ 2,418,824.06$ 105 2,418,824.06$ 33,382.20$ 30,358.67$ 3,023.53$ 2,388,465.39$ 106 2,388,465.39$ 33,382.20$ 30,396.62$ 2,985.58$ 2,358,068.77$ 107 2,358,068.77$ 33,382.20$ 30,434.62$ 2,947.59$ 2,327,634.15$ 108 2,327,634.15$ 33,382.20$ 30,472.66$ 2,909.54$ 2,297,161.49$ 109 2,297,161.49$ 33,382.20$ 30,510.75$ 2,871.45$ 2,266,650.74$ 110 2,266,650.74$ 33,382.20$ 30,548.89$ 2,833.31$ 2,236,101.85$ 111 2,236,101.85$ 33,382.20$ 30,587.08$ 2,795.13$ 2,205,514.78$ 112 2,205,514.78$ 33,382.20$ 30,625.31$ 2,756.89$ 2,174,889.47$ 113 2,174,889.47$ 33,382.20$ 30,663.59$ 2,718.61$ 2,144,225.88$ 114 2,144,225.88$ 33,382.20$ 30,701.92$ 2,680.28$ 2,113,523.96$ 115 2,113,523.96$ 33,382.20$ 30,740.30$ 2,641.90$ 2,082,783.66$ 116 2,082,783.66$ 33,382.20$ 30,778.72$ 2,603.48$ 2,052,004.94$ 117 2,052,004.94$ 33,382.20$ 30,817.20$ 2,565.01$ 2,021,187.74$ 118 2,021,187.74$ 33,382.20$ 30,855.72$ 2,526.48$ 1,990,332.02$ 119 1,990,332.02$ 33,382.20$ 30,894.29$ 2,487.92$ 1,959,437.73$ 120 1,959,437.73$ 33,382.20$ 30,932.91$ 2,449.30$ 1,928,504.83$ 121 1,928,504.83$ 33,382.20$ 30,971.57$ 2,410.63$ 1,897,533.26$ 122 1,897,533.26$ 33,382.20$ 31,010.29$ 2,371.92$ 1,866,522.97$ 123 1,866,522.97$ 33,382.20$ 31,049.05$ 2,333.15$ 1,835,473.92$ 124 1,835,473.92$ 33,382.20$ 31,087.86$ 2,294.34$ 1,804,386.06$ 125 1,804,386.06$ 33,382.20$ 31,126.72$ 2,255.48$ 1,773,259.34$ 126 1,773,259.34$ 33,382.20$ 31,165.63$ 2,216.57$ 1,742,093.71$ 127 1,742,093.71$ 33,382.20$ 31,204.59$ 2,177.62$ 1,710,889.13$ 128 1,710,889.13$ 33,382.20$ 31,243.59$ 2,138.61$ 1,679,645.54$ 129 1,679,645.54$ 33,382.20$ 31,282.65$ 2,099.56$ 1,648,362.89$ 130 1,648,362.89$ 33,382.20$ 31,321.75$ 2,060.45$ 1,617,041.14$ 131 1,617,041.14$ 33,382.20$ 31,360.90$ 2,021.30$ 1,585,680.24$ 132 1,585,680.24$ 33,382.20$ 31,400.10$ 1,982.10$ 1,554,280.14$ 133 1,554,280.14$ 33,382.20$ 31,439.35$ 1,942.85$ 1,522,840.78$ 134 1,522,840.78$ 33,382.20$ 31,478.65$ 1,903.55$ 1,491,362.13$ 135 1,491,362.13$ 33,382.20$ 31,518.00$ 1,864.20$ 1,459,844.13$ 136 1,459,844.13$ 33,382.20$ 31,557.40$ 1,824.81$ 1,428,286.74$ 137 1,428,286.74$ 33,382.20$ 31,596.84$ 1,785.36$ 1,396,689.89$ 138 1,396,689.89$ 33,382.20$ 31,636.34$ 1,745.86$ 1,365,053.55$ 139 1,365,053.55$ 33,382.20$ 31,675.89$ 1,706.32$ 1,333,377.67$ 140 1,333,377.67$ 33,382.20$ 31,715.48$ 1,666.72$ 1,301,662.18$ 141 1,301,662.18$ 33,382.20$ 31,755.12$ 1,627.08$ 1,269,907.06$ 142 1,269,907.06$ 33,382.20$ 31,794.82$ 1,587.38$ 1,238,112.24$ 143 1,238,112.24$ 33,382.20$ 31,834.56$ 1,547.64$ 1,206,277.68$ 144 1,206,277.68$ 33,382.20$ 31,874.36$ 1,507.85$ 1,174,403.32$ 145 1,174,403.32$ 33,382.20$ 31,914.20$ 1,468.00$ 1,142,489.12$ 146 1,142,489.12$ 33,382.20$ 31,954.09$ 1,428.11$ 1,110,535.03$ 147 1,110,535.03$ 33,382.20$ 31,994.03$ 1,388.17$ 1,078,541.00$ 148 1,078,541.00$ 33,382.20$ 32,034.03$ 1,348.18$ 1,046,506.97$ 149 1,046,506.97$ 33,382.20$ 32,074.07$ 1,308.13$ 1,014,432.90$ 150 1,014,432.90$ 33,382.20$ 32,114.16$ 1,268.04$ 982,318.74$ 151 982,318.74$ 33,382.20$ 32,154.30$ 1,227.90$ 950,164.44$ 152 950,164.44$ 33,382.20$ 32,194.50$ 1,187.71$ 917,969.94$ 153 917,969.94$ 33,382.20$ 32,234.74$ 1,147.46$ 885,735.20$ 154 885,735.20$ 33,382.20$ 32,275.03$ 1,107.17$ 853,460.17$ 155 853,460.17$ 33,382.20$ 32,315.38$ 1,066.83$ 821,144.79$ 156 821,144.79$ 33,382.20$ 32,355.77$ 1,026.43$ 788,789.02$ 492956 6 157 788,789.02$ 33,382.20$ 32,396.22$ 985.99$ 756,392.80$ 158 756,392.80$ 33,382.20$ 32,436.71$ 945.49$ 723,956.09$ 159 723,956.09$ 33,382.20$ 32,477.26$ 904.95$ 691,478.83$ 160 691,478.83$ 33,382.20$ 32,517.85$ 864.35$ 658,960.98$ 161 658,960.98$ 33,382.20$ 32,558.50$ 823.70$ 626,402.48$ 162 626,402.48$ 33,382.20$ 32,599.20$ 783.00$ 593,803.28$ 163 593,803.28$ 33,382.20$ 32,639.95$ 742.25$ 561,163.33$ 164 561,163.33$ 33,382.20$ 32,680.75$ 701.45$ 528,482.58$ 165 528,482.58$ 33,382.20$ 32,721.60$ 660.60$ 495,760.98$ 166 495,760.98$ 33,382.20$ 32,762.50$ 619.70$ 462,998.48$ 167 462,998.48$ 33,382.20$ 32,803.45$ 578.75$ 430,195.02$ 168 430,195.02$ 33,382.20$ 32,844.46$ 537.74$ 397,350.57$ 169 397,350.57$ 33,382.20$ 32,885.51$ 496.69$ 364,465.05$ 170 364,465.05$ 33,382.20$ 32,926.62$ 455.58$ 331,538.43$ 171 331,538.43$ 33,382.20$ 32,967.78$ 414.42$ 298,570.65$ 172 298,570.65$ 33,382.20$ 33,008.99$ 373.21$ 265,561.66$ 173 265,561.66$ 33,382.20$ 33,050.25$ 331.95$ 232,511.41$ 174 232,511.41$ 33,382.20$ 33,091.56$ 290.64$ 199,419.85$ 175 199,419.85$ 33,382.20$ 33,132.93$ 249.27$ 166,286.92$ 176 166,286.92$ 33,382.20$ 33,174.34$ 207.86$ 133,112.57$ 177 133,112.57$ 33,382.20$ 33,215.81$ 166.39$ 99,896.76$ 178 99,896.76$ 33,382.20$ 33,257.33$ 124.87$ 66,639.43$ 179 66,639.43$ 33,382.20$ 33,298.90$ 83.30$ 33,340.53$ 180 33,340.53$ 33,382.20$ 33,340.53$ 41.68$ 0.00$ Award Notification Letter Dear David Gephart, Congratulations! This is to inform you that your application is now awarded. Project:Town of Oro Valley Program:Coronavirus Local Fiscal Recovery Fund Non-Entitlement Units Approval Date: Approved Amount:$15,377,781.40 Federal Awards: US17341 Coronavirus State and Local Fiscal Recovery Fund (CSFRF/CLFRF) - FY 2021: $15,377,781.40 Agency: U.S. Department of the Treasury Fiscal Year: 2021 CFDA: 21.027 Total Federal: $15,377,781.40 Other Awards:No non-federal funds were included in this award. Total Match:$0.00 Period of Performance:03/03/2021 - 12/31/2026 Award/Contract Number:AZ0035 Ein:860293039 Page 1 of 2 Page 2 of 2 Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. DEPARTMENT OF THE TREASURY January 2022 2 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury The Overview of the Final Rule provides a summary of major provisions of the final rule for informational purposes and is intended as a brief, simplified user guide to the final rule provisions. The descriptions provided in this document summarize key provisions of the final rule but are non-exhaustive, do not describe all terms and conditions associated with the use of SLFRF, and do not describe all requirements that may apply to this funding. Any SLFRF funds received are also subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which incorporate the provisions of the final rule and the guidance that implements this program. 3 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Contents Introduction .................................................................................................................................................. 4 Overview of the Program .............................................................................................................................. 6 Replacing Lost Public Sector Revenue .......................................................................................................... 9 Responding to Public Health and Economic Impacts of COVID-19 ............................................................. 12 Responding to the Public Health Emergency .......................................................................................... 14 Responding to Negative Economic Impacts ............................................................................................ 16 Assistance to Households ................................................................................................................... 17 Assistance to Small Businesses ........................................................................................................... 21 Assistance to Nonprofits ..................................................................................................................... 23 Aid to Impacted Industries .................................................................................................................. 24 Public Sector Capacity ............................................................................................................................. 26 Public Safety, Public Health, and Human Services Staff ..................................................................... 26 Government Employment and Rehiring Public Sector Staff ............................................................... 27 Effective Service Delivery .................................................................................................................... 28 Capital Expenditures ............................................................................................................................... 30 Framework for Eligible Uses Beyond those Enumerated ....................................................................... 32 Premium Pay ............................................................................................................................................... 35 Water & Sewer Infrastructure .................................................................................................................... 37 Broadband Infrastructure ........................................................................................................................... 39 Restrictions on Use ..................................................................................................................................... 41 Program Administration ............................................................................................................................. 43 4 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Introduction The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan, delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. The program ensures that governments have the resources needed to: • Fight the pandemic and support families and businesses struggling with its public health and economic impacts, • Maintain vital public services, even amid declines in revenue, and • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. EARLY PROGRAM IMPLEMENTATION In May 2021, Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of funds (as well as other program provisions), sought feedback from the public on these program rules, and began to distribute funds. The IFR went immediately into effect in May, and since then, governments have used SLFRF funds to meet their immediate pandemic response needs and begin building a strong and equitable recovery, such as through providing vaccine incentives, development of affordable housing, and construction of infrastructure to deliver safe and reliable water. As governments began to deploy this funding in their communities, Treasury carefully considered the feedback provided through its public comment process and other forums. Treasury received over 1,500 comments, participated in hundreds of meetings, and received correspondence from a wide range of governments and other stakeholders. KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process. Among other clarifications and changes, the final rule provides the features below. Replacing Lost Public Sector Revenue The final rule offers a standard allowance for revenue loss of $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount – in many cases their full award – for government services, with streamlined reporting requirements. Public Health and Economic Impacts In addition to programs and services, the final rule clarifies that recipients can use funds for capital expenditures that support an eligible COVID-19 public health or economic response. For example, recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects consistent with final rule requirements. 5 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury In addition, the final rule provides an expanded set of households and communities that are presumed to be “impacted” and “disproportionately impacted” by the pandemic, thereby allowing recipients to provide responses to a broad set of households and entities without requiring additional analysis. Further, the final rule provides a broader set of uses available for these communities as part of COVID- 19 public health and economic response, including making affordable housing, childcare, early learning, and services to address learning loss during the pandemic eligible in all impacted communities and making certain community development and neighborhood revitalization activities eligible for disproportionately impacted communities. Further, the final rule allows for a broader set of uses to restore and support government employment, including hiring above a recipient’s pre-pandemic baseline, providing funds to employees that experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives. Premium Pay The final rule delivers more streamlined options to provide premium pay, by broadening the share of eligible workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline workers performing essential work. Water, Sewer & Broadband Infrastructure The final rule significantly broadens eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, and adds additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects. FINAL RULE EFFECTIVE DATE The final rule takes effect on April 1, 2022. Until that time, the interim final rule remains in effect; funds used consistently with the IFR while it is in effect are in compliance with the SLFRF program. However, recipients can choose to take advantage of the final rule’s flexibilities and simplifications now, even ahead of the effective date. Treasury will not take action to enforce the interim final rule to the extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which can be found on Treasury’s website, for more information on compliance with the interim final rule and the final rule. 6 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Overview of the Program The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility for each jurisdiction to meet local needs within the four separate eligible use categories. This Overview of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible to the most specific. Recipients may use SLFRF funds to: • Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue loss due to the pandemic. • Recipients may determine their revenue loss by choosing between two options: • A standard allowance of up to $10 million in aggregate, not to exceed their award amount, during the program; • Calculating their jurisdiction’s specific revenue loss each year using Treasury’s formula, which compares actual revenue to a counterfactual trend. • Recipients may use funds up to the amount of revenue loss for government services; generally, services traditionally provided by recipient governments are government services, unless Treasury has stated otherwise. • Support the COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. • Recipients can use funds for programs, services, or capital expenditures that respond to the public health and negative economic impacts of the pandemic. • To provide simple and clear eligible uses of funds, Treasury provides a list of enumerated uses that recipients can provide to households, populations, or classes (i.e., groups) that experienced pandemic impacts. • Public health eligible uses include COVID-19 mitigation and prevention, medical expenses, behavioral healthcare, and preventing and responding to violence. • Eligible uses to respond to negative economic impacts are organized by the type of beneficiary: assistance to households, small businesses, and nonprofits. • Each category includes assistance for “impacted” and “disproportionately impacted” classes: impacted classes experienced the general, broad-based impacts of the pandemic, while disproportionately impacted classes faced meaningfully more severe impacts, often due to preexisting disparities. • To simplify administration, the final rule presumes that some populations and groups were impacted or disproportionately impacted and are eligible for responsive services. 7 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury • Eligible uses for assistance to impacted households include aid for re- employment, job training, food, rent, mortgages, utilities, affordable housing development, childcare, early education, addressing learning loss, and many more uses. • Eligible uses for assistance to impacted small businesses or nonprofits include loans or grants to mitigate financial hardship, technical assistance for small businesses, and many more uses. • Recipients can also provide assistance to impacted industries like travel, tourism, and hospitality that faced substantial pandemic impacts, or address impacts to the public sector, for example by re-hiring public sector workers cut during the crisis. • Recipients providing funds for enumerated uses to populations and groups that Treasury has presumed eligible are clearly operating consistently with the final rule. Recipients can also identify (1) other populations or groups, beyond those presumed eligible, that experienced pandemic impacts or disproportionate impacts and (2) other programs, services, or capital expenditures, beyond those enumerated, to respond to those impacts. • Provide premium pay for eligible workers performing essential work, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors. • Recipients may provide premium pay to eligible workers – generally those working in- person in key economic sectors – who are below a wage threshold or non-exempt from the Fair Labor Standards Act overtime provisions, or if the recipient submits justification that the premium pay is responsive to workers performing essential work. • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet. • Recipients may fund a broad range of water and sewer projects, including those eligible under the EPA’s Clean Water State Revolving Fund, EPA’s Drinking Water State Revolving Fund, and certain additional projects, including a wide set of lead remediation, stormwater infrastructure, and aid for private wells and septic units. • Recipients may fund high-speed broadband infrastructure in areas of need that the recipient identifies, such as areas without access to adequate speeds, affordable options, or where connections are inconsistent or unreliable; completed projects must participate in a low-income subsidy program. While recipients have considerable flexibility to use funds to address the diverse needs of their communities, some restrictions on use apply across all eligible use categories. These include: • For states and territories: No offsets of a reduction in net tax revenue resulting from a change in state or territory law. 8 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury • For all recipients except for Tribal governments: No extraordinary contributions to a pension fund for the purpose of reducing an accrued, unfunded liability. • For all recipients: No payments for debt service and replenishments of rainy day funds; no satisfaction of settlements and judgments; no uses that contravene or violate the American Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state, and local laws and regulations. Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the “period of performance.” In addition to SLFRF, the American Rescue Plan includes other sources of funding for state and local governments, including the Coronavirus Capital Projects Fund to fund critical capital investments including broadband infrastructure; the Homeowner Assistance Fund to provide relief for our country’s most vulnerable homeowners; the Emergency Rental Assistance Program to assist households that are unable to pay rent or utilities; and the State Small Business Credit Initiative to fund small business credit expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more information. 9 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Replacing Lost Public Sector Revenue The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically, SLFRF funding may be used to pay for “government services” in an amount equal to the revenue loss experienced by the recipient due to the COVID-19 public health emergency. Government services generally include any service traditionally provided by a government, including construction of roads and other infrastructure, provision of public safety and other services, and health and educational services. Funds spent under government services are subject to streamlined reporting and compliance requirements. In order to use funds under government services, recipients should first determine revenue loss. They may, then, spend up to that amount on general government services. DETERMINING REVENUE LOSS Recipients have two options for how to determine their amount of revenue loss. Recipients must choose one of the two options and cannot switch between these approaches after an election is made. 1. Recipients may elect a “standard allowance” of $10 million to spend on government services through the period of performance. Under this option, which is newly offered in the final rule Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund “government services.” The standard allowance provides an estimate of revenue loss that is based on an extensive analysis of average revenue loss across states and localities, and offers a simple, convenient way to determine revenue loss, particularly for SLFRF’s smallest recipients. All recipients may elect to use this standard allowance instead of calculating lost revenue using the formula below, including those with total allocations of $10 million or less. Electing the standard allowance does not increase or decrease a recipient’s total allocation. 2. Recipients may calculate their actual revenue loss according to the formula articulated in the final rule. Under this option, recipients calculate revenue loss at four distinct points in time, either at the end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can choose whether to use calendar or fiscal year dates but must be consistent throughout the period of performance. Treasury has also provided several adjustments to the definition of general revenue in the final rule. To calculate revenue loss at each of these dates, recipients must follow a four-step process: 10 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury a. Calculate revenues collected in the most recent full fiscal year prior to the public health emergency (i.e., last full fiscal year before January 27, 2020), called the base year revenue. b. Estimate counterfactual revenue, which is equal to the following formula, where n is the number of months elapsed since the end of the base year to the calculation date: 𝑎𝑎𝑟𝑑 𝑦𝑑𝑎𝑟 𝑟𝑑𝑟𝑑𝑚𝑟𝑑 × (1 +𝑔𝑟𝑚𝑟𝑟ℎ 𝑎𝑑𝑗𝑟𝑟𝑟𝑚𝑑𝑚𝑟) 𝑛 12 The growth adjustment is the greater of either a standard growth rate—5.2 percent—or the recipient’s average annual revenue growth in the last full three fiscal years prior to the COVID-19 public health emergency. c. Identify actual revenue, which equals revenues collected over the twelve months immediately preceding the calculation date. Under the final rule, recipients must adjust actual revenue totals for the effect of tax cuts and tax increases that are adopted after the date of adoption of the final rule (January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases adopted after January 6, 2022, must be added or subtracted to the calculation of actual revenue for purposes of calculation dates that occur on or after April 1, 2022. Recipients may subtract from their calculation of actual revenue the effect of tax increases enacted prior to the adoption of the final rule. Note that recipients that elect to remove the effect of tax increases enacted before the adoption of the final rule must also remove the effect of tax decreases enacted before the adoption of the final rule, such that they are accurately removing the effect of tax policy changes on revenue. d. Revenue loss for the calculation date is equal to counterfactual revenue minus actual revenue (adjusted for tax changes) for the twelve-month period. If actual revenue exceeds counterfactual revenue, the loss is set to zero for that twelve-month period. Revenue loss for the period of performance is the sum of the revenue loss on for each calculation date. The supplementary information in the final rule provides an example of this calculation, which recipients may find helpful, in the Revenue Loss section. 11 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury SPENDING ON GOVERNMENT SERVICES Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be the standard allowance amount or the amount calculated using the above approach. Government services generally include any service traditionally provided by a government, unless Treasury has stated otherwise. Here are some common examples, although this list is not exhaustive: ✓ Construction of schools and hospitals ✓ Road building and maintenance, and other infrastructure ✓ Health services ✓ General government administration, staff, and administrative facilities ✓ Environmental remediation ✓ Provision of police, fire, and other public safety services (including purchase of fire trucks and police vehicles) Government services is the most flexible eligible use category under the SLFRF program, and funds are subject to streamlined reporting and compliance requirements. Recipients should be mindful that certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of funds, apply to government services as well. 12 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Responding to Public Health and Economic Impacts of COVID-19 The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the public health and economic needs of those impacted by the pandemic in their communities, as well as address longstanding health and economic disparities, which amplified the impact of the pandemic in disproportionately impacted communities, resulting in more severe pandemic impacts. The eligible use category to respond to public health and negative economic impacts is organized around the types of assistance a recipient may provide and includes several sub-categories: • public health, • assistance to households, • assistance to small businesses, • assistance to nonprofits, • aid to impacted industries, and • public sector capacity. In general, to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19 public health or economic impact on an individual or class (i.e., a group) and (2) design a program that responds to that impact. Responses should be related and reasonably proportional to the harm identified and reasonably designed to benefit those impacted. To provide simple, clear eligible uses of funds that meet this standard, Treasury provides a non- exhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that some populations experienced pandemic impacts and are eligible for responsive services. In other words, recipients providing enumerated uses of funds to populations presumed eligible are clearly operating consistently with the final rule.1 Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2) serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients can also identify groups or “classes” of beneficiaries that experienced pandemic impacts and provide services to those classes. 1 However, please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further, recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure; please note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm except as provided in the Capital Expenditures section. 13 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Step 1. Identify COVID-19 public health or economic impact 2. Design a response that addresses or responds to the impact Analysis • Can identify impact to a specific household, business or nonprofit or to a class of households, businesses, or nonprofits (i.e., group) • Can also identify disproportionate impacts, or more severe impacts, to a specific beneficiary or to a class • Types of responses can include a program, service, or capital expenditure • Response should be related and reasonably proportional to the harm • Response should also be reasonably designed to benefit impacted individual or class Simplifying Presumptions • Final Rule presumes certain populations and classes are impacted and disproportionately impacted • Final Rule provides non-exhaustive list of enumerated eligible uses that respond to pandemic impacts and disproportionate impacts To assess eligibility of uses of funds, recipients should first determine the sub-category where their use of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on the entity that experienced the health or economic impact.2 Then, recipients should refer to the relevant section for more details on each sub-category. While the same overall eligibility standard applies to all uses of funds to respond to the public health and negative economic impacts of the pandemic, each sub-category has specific nuances on its application. In addition: • Recipients interested in using funds for capital expenditures (i.e., investments in property, facilities, or equipment) should review the Capital Expenditures section in addition to the eligible use sub-category. • Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the section on “Framework for Eligible Uses Beyond Those Enumerated.” 2 For example, a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact experienced by a household and should refer to the section on assistance to households. Recipients should also be aware of the difference between “beneficiaries” and “sub-recipients.” Beneficiaries are households, small businesses, or nonprofits that can receive assistance based on impacts of the pandemic that they experienced. On the other hand, sub -recipients are organizations that carry out eligible uses on behalf of a government, often through grants or contracts. Sub-recipients do not need to have experienced a negative economic impact of the pandemic; rather, they are providing services to beneficiaries that experienced an impact. 14 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury RESPONDING TO THE PUBLIC HEALTH EMERGENCY While the country has made tremendous progress in the fight against COVID-19, including a historic vaccination campaign, the disease still poses a grave threat to Americans’ health and the economy. Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways that the pandemic has impacted public health. Treasury has identified several public health impacts of the pandemic and enumerated uses of funds to respond to impacted populations. • COVID-19 mitigation and prevention. The pandemic has broadly impacted Americans and recipients can provide services to prevent and mitigate COVID-19 to the general public or to small businesses, nonprofits, and impacted industries in general. Enumerated eligible uses include: ✓ Vaccination programs, including vaccine incentives and vaccine sites ✓ Testing programs, equipment and sites ✓ Monitoring, contact tracing & public health surveillance (e.g., monitoring for variants) ✓ Public communication efforts ✓ Public health data systems ✓ COVID-19 prevention and treatment equipment, such as ventilators and ambulances ✓ Medical and PPE/protective supplies ✓ Support for isolation or quarantine ✓ Ventilation system installation and improvement ✓ Technical assistance on mitigation of COVID-19 threats to public health and safety ✓ Transportation to reach vaccination or testing sites, or other prevention and mitigation services for vulnerable populations ✓ Support for prevention, mitigation, or other services in congregate living facilities, public facilities, and schools ✓ Support for prevention and mitigation strategies in small businesses, nonprofits, and impacted industries ✓ Medical facilities generally dedicated to COVID-19 treatment and mitigation (e.g., ICUs, emergency rooms) ✓ Temporary medical facilities and other measures to increase COVID-19 treatment capacity ✓ Emergency operations centers & emergency response equipment (e.g., emergency response radio systems) ✓ Public telemedicine capabilities for COVID- 19 related treatment 15 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury • Medical expenses. Funds may be used for expenses to households, medical providers, or others that incurred medical costs due to the pandemic, including: ✓ Unreimbursed expenses for medical care for COVID-19 testing or treatment, such as uncompensated care costs for medical providers or out-of-pocket costs for individuals ✓ Paid family and medical leave for public employees to enable compliance with COVID-19 public health precautions ✓ Emergency medical response expenses ✓ Treatment of long-term symptoms or effects of COVID-19 • Behavioral health care, such as mental health treatment, substance use treatment, and other behavioral health services. Treasury recognizes that the pandemic has broadly impacted Americans’ behavioral health and recipients can provide these services to the general public to respond. Enumerated eligible uses include: ✓ Prevention, outpatient treatment, inpatient treatment, crisis care, diversion programs, outreach to individuals not yet engaged in treatment, harm reduction & long-term recovery support ✓ Enhanced behavioral health services in schools ✓ Services for pregnant women or infants born with neonatal abstinence syndrome ✓ Support for equitable access to reduce disparities in access to high-quality treatment ✓ Peer support groups, costs for residence in supportive housing or recovery housing, and the 988 National Suicide Prevention Lifeline or other hotline services ✓ Expansion of access to evidence-based services for opioid use disorder prevention, treatment, harm reduction, and recovery ✓ Behavioral health facilities & equipment • Preventing and responding to violence. Recognizing that violence – and especially gun violence – has increased in some communities due to the pandemic, recipients may use funds to respond in these communities through: ✓ Referrals to trauma recovery services for victims of crime ✓ Community violence intervention programs, including: • Evidence-based practices like focused deterrence, with wraparound services such as behavioral therapy, trauma recovery, job training, education, housing and relocation services, and financial assistance ✓ In communities experiencing increased gun violence due to the pandemic: • Law enforcement officers focused on advancing community policing • Enforcement efforts to reduce gun violence, including prosecution • Technology & equipment to support law enforcement response 16 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury RESPONDING TO NEGATIVE ECONOMIC IMPACTS The pandemic caused severe economic damage and, while the economy is on track to a strong recovery, much work remains to continue building a robust, resilient, and equitable economy in the wake of the crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted millions of American households and businesses, some of its most severe impacts fell on low-income and underserved communities, where pre-existing disparities amplified the impact of the pandemic and where the most work remains to reach a full recovery. The final rule recognizes that the pandemic caused broad-based impacts that affected many communities, households, and small businesses across the country; for example, many workers faced unemployment and many small businesses saw declines in revenue. The final rule describes these as “impacted" households, communities, small businesses, and nonprofits. At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain communities. For example, low-income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because pre- existing disparities exacerbated the impact of the pandemic. The final rule describes these as “disproportionately impacted” households, communities, small businesses, and nonprofits. To simplify administration of the program, the final rule presumes that certain populations were “impacted” and “disproportionately impacted” by the pandemic; these populations are presumed to be eligible for services that respond to the impact they experienced. The final rule also enumerates a non- exhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly operating consistently with the final rule. As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients can also identify other pandemic impacts, impacted or disproportionately impacted populations or classes, and responses. 17 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Assistance to Households Impacted Households and Communities Treasury presumes the following households and communities are impacted by the pandemic: ✓ Low- or-moderate income households or communities ✓ Households that experienced unemployment ✓ Households that experienced increased food or housing insecurity ✓ Households that qualify for the Children’s Health Insurance Program, Childcare Subsidies through the Child Care Development Fund (CCDF) Program, or Medicaid ✓ When providing affordable housing programs: households that qualify for the National Housing Trust Fund and Home Investment Partnerships Program ✓ When providing services to address lost instructional time in K-12 schools: any student that lost access to in-person instruction for a significant period of time Low- or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines or (ii) income at or below 65 percent of the area median income for the county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines are higher than the area’s median income and using the Federal Poverty Guidelines would result in more households and communities being presumed eligible. Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website. Recipients can measure income for a specific household or the median income for the community, depending on whether the response they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community. The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $65,880 per year.3 In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is impacted by the pandemic and eligible for services to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses Beyond Those Enumerated, recipients may designate additional households as impacted or disproportionately impacted beyond these presumptions, and may also pursue projects not listed below in response to these impacts consistent with Treasury’s standards. 3 For recipients in Alaska, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $82,350 per year. For recipients in Hawaii, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $75,780 per year. 18 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to impacts of the pandemic on households and communities: ✓ Food assistance & food banks ✓ Emergency housing assistance: rental assistance, mortgage assistance, utility assistance, assistance paying delinquent property taxes, counseling and legal aid to prevent eviction and homelessness & emergency programs or services for homeless individuals, including temporary residences for people experiencing homelessness ✓ Health insurance coverage expansion ✓ Benefits for surviving family members of individuals who have died from COVID-19 ✓ Assistance to individuals who want and are available for work, including job training, public jobs programs and fairs, support for childcare and transportation to and from a jobsite or interview, incentives for newly- employed workers, subsidized employment, grants to hire underserved workers, assistance to unemployed individuals to start small businesses & development of job and workforce training centers ✓ Financial services for the unbanked and underbanked ✓ Burials, home repair & home weatherization ✓ Programs, devices & equipment for internet access and digital literacy, including subsidies for costs of access ✓ Cash assistance ✓ Paid sick, medical, and family leave programs ✓ Assistance in accessing and applying for public benefits or services ✓ Childcare and early learning services, home visiting programs, services for child welfare- involved families and foster youth & childcare facilities ✓ Assistance to address the impact of learning loss for K-12 students (e.g., high-quality tutoring, differentiated instruction) ✓ Programs or services to support long-term housing security: including development of affordable housing and permanent supportive housing ✓ Certain contributions to an Unemployment Insurance Trust Fund4 4 Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal amount due on advances received under Title XII of the Social Security Act up to an amount equal to (i) the difference between the balance in the recipient’s unemployment insurance trust fund as of January 27, 2020 and the balance of such account as of May 17, 2021, plus (ii) the principal amount outstanding as of May 17, 2021 on any advances received under Title XII of the Social Security Act between January 27, 2020 and May 17, 2021. Further, recipients may use SLFRF funds for the payment of any interest due on such Title XII advances. Additionally, a recipient that deposits SLFRF funds into its unemployment insurance trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds, back up to the pre-pandemic balance. Recipients that deposit SLFRF funds into an unemployment insurance trust fund, or use SLFRF funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by changing the computation method governing regular unemployment compensation in a way that results in a reduction of average weekly benefit amounts or the number of weeks of benefits payable (i.e., maximum benefit entitlement). 19 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Disproportionately Impacted Households and Communities Treasury presumes the following households and communities are disproportionately impacted by the pandemic: ✓ Low -income households and communities ✓ Households residing in Qualified Census Tracts ✓ Households that qualify for certain federal 5benefits ✓ Households receiving services provided by Tribal governments ✓ Households residing in the U.S. territories or receiving services from these governments Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of its household based on the most recently published poverty guidelines or (ii) income at or below 40 percent of area median income for its county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines level is higher than the area median income level and using this level would result in more households and communities being presumed eligible. Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website. Recipients can measure income for a specific household or the median income for the community, depending on whether the service they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community. The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $40,626 per year.6 In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is disproportionately impacted by the pandemic and eligible for services to respond. 5 These programs are Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Free- and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs, Medicare Part D Low-Income Subsidies, Supplemental Security Income (SSI), Head Start and/or Early Head Start, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Section 8 Vouchers, Low-Income Home Energy Assistance Program (LIHEAP), and Pell Grants. For services to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and responsive services that support the school generally or support the whole school as eligible. 6 For recipients in Alaska, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $50,783 per year. For recipients in Hawaii, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $46,731 per year 20 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to disproportionate impacts of the pandemic on households and communities: ✓ Pay for community health workers to help households access health & social services ✓ Remediation of lead paint or other lead hazards ✓ Primary care clinics, hospitals, integration of health services into other settings, and other investments in medical equipment & facilities designed to address health disparities ✓ Housing vouchers & assistance relocating to neighborhoods with higher economic opportunity ✓ Investments in neighborhoods to promote improved health outcomes ✓ Improvements to vacant and abandoned properties, including rehabilitation or maintenance, renovation, removal and remediation of environmental contaminants, demolition or deconstruction, greening/vacant lot cleanup & conversion to affordable housing7 ✓ Services to address educational disparities, including assistance to high-poverty school districts & educational and evidence-based services to address student academic, social, emotional, and mental health needs ✓ Schools and other educational equipment & facilities 7 Please see the final rule for further details and conditions applicable to this eligible use. This includes Treasury’s presumption that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for low- and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing is ineligible for support with SLFRF funds. 21 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Assistance to Small Businesses Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic’s effects. Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “small business,” specifically: 1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and 2. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation). Impacted Small Businesses Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider: ✓ Decreased revenue or gross receipts ✓ Financial insecurity ✓ Increased costs ✓ Capacity to weather financial hardship ✓ Challenges covering payroll, rent or mortgage, and other operating costs Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses: ✓ Loans or grants to mitigate financial hardship, such as by supporting payroll and benefits, costs to retain employees, and mortgage, rent, utility, and other operating costs ✓ Technical assistance, counseling, or other services to support business planning Disproportionately Impacted Small Businesses Treasury presumes that the following small businesses are disproportionately impacted by the pandemic: 8 15 U.S.C. 632. 22 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury ✓ Small businesses operating in Qualified Census Tracts ✓ Small businesses operated by Tribal governments or on Tribal lands ✓ Small businesses operating in the U.S. territories Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule: ✓ Rehabilitation of commercial properties, storefront improvements & façade improvements ✓ Technical assistance, business incubators & grants for start-up or expansion costs for small businesses ✓ Support for microbusinesses, including financial, childcare, and transportation costs 23 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Assistance to Nonprofits Nonprofits have faced significant challenges due to the pandemic’s increased demand for services and changing operational needs, as well as declines in revenue sources such as donations and fees. Nonprofits eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “nonprofit”—specifically those that are 501(c)(3) or 501(c)(19) tax-exempt organizations. Impacted Nonprofits Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider: ✓ Decreased revenue (e.g., from donations and fees) ✓ Financial insecurity ✓ Increased costs (e.g., uncompensated increases in service need) ✓ Capacity to weather financial hardship ✓ Challenges covering payroll, rent or mortgage, and other operating costs Assistance to nonprofits that experienced negative economic impacts includes the following enumerated uses: ✓ Loans or grants to mitigate financial hardship ✓ Technical or in-kind assistance or other services that mitigate negative economic impacts of the pandemic Disproportionately Impacted Nonprofits Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic: ✓ Nonprofits operating in Qualified Census Tracts ✓ Nonprofits operated by Tribal governments or on Tribal lands ✓ Nonprofits operating in the U.S. territories Recipients may identify appropriate responses that are related and reasonably proportional to addressing these disproportionate impacts. 24 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Aid to Impacted Industries Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic. Recipients should first designate an impacted industry and then provide aid to address the impacted industry’s negative economic impact. This sub-category of eligible uses does not separately identify disproportionate impacts and corresponding responsive services. 1. Designating an impacted industry. There are two main ways an industry can be designated as “impacted.” 1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development districts), the industry is impacted. 2. If the industry is outside the travel, tourism, or hospitality sectors, the industry is impacted if: a. The industry experienced at least 8 percent employment loss from pre-pandemic levels,9 or b. The industry is experiencing comparable or worse economic impacts as the national tourism, travel, and hospitality industries as of the date of the final rule, based on the totality of economic indicators or qualitative data (if quantitative data is unavailable), and if the impacts were generally due to the COVID-19 public health emergency. Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages recipients to define narrow and discrete industries eligible for aid. State and territory recipients also have flexibility to define the industries with greater geographic precision; for example, a state may identify a particular industry in a certain region of a state as impacted. 2. Providing eligible aid to the impacted industry. Aid may only be provided to support businesses, attractions, and Tribal development districts operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic. Further, aid should be generally broadly available to all businesses within the impacted industry to avoid potential conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such as payroll, before being used on other types of costs. 9 Specifically, a recipient should compare the percent change in the number of employees of the recipient’s identified industry and the national Leisure & Hospitality sector in the three months before the pandemic’s most severe impacts began (a straight three-month average of seasonally-adjusted employment data from December 2019, January 2020, and February 2020) with the latest data as of the final rule (a straight three-month average of seasonally-adjusted employment data from September 2021, October 2021, and November 2021). For parity and simplicity, smaller recipients without employment data that measure industries in their specific jurisdiction may use data available for a broader unit of government for this calculation (e.g., a county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is located) solely for purposes of determining whether a particular industry is an impacted industry. 25 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Treasury recognizes the enumerated projects below as eligible responses to impacted industries. ✓ Aid to mitigate financial hardship, such as supporting payroll costs, lost pay and benefits for returning employees, support of operations and maintenance of existing equipment and facilities ✓ Technical assistance, counseling, or other services to support business planning ✓ COVID-19 mitigation and infection prevention measures (see section Public Health) As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps outlined in the section Framework for Eligible Uses Beyond Those Enumerated. 26 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury PUBLIC SECTOR CAPACITY Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports government’s ability to deliver critical COVID-19 services. There are three main categories of eligible uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery. Public Safety, Public Health, and Human Services Staff SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care, human services and similar employees of a recipient government, for the portion of the employee’s time spent responding to COVID-19. Recipients should follow the steps below. 1. Identify eligible public safety, public health, and human services staff. Public safety staff include: ✓ Police officers (including state police officers) ✓ Sheriffs and deputy sheriffs ✓ Firefighters ✓ Emergency medical responders ✓ Correctional and detention officers ✓ Dispatchers and supervisor personnel that directly support public safety staff Public health staff include: ✓ Employees involved in providing medical and other physical or mental health services to patients and supervisory personnel, including medical staff assigned to schools, prisons, and other such institutions ✓ Laboratory technicians, medical examiners, morgue staff, and other support services essential for patient care ✓ Employees of public health departments directly engaged in public health matters and related supervisory personnel Human services staff include: ✓ Employees providing or administering social services and public benefits ✓ Child welfare services employees ✓ Child, elder, or family care employees 2. Assess portion of time spent on COVID-19 response for eligible staff. Recipients can use a variety of methods to assess the share of an employees’ time spent responding to COVID-19, including using reasonable estimates—such as estimating the share of time based on discussions with staff and applying that share to all employees in that position. For administrative convenience, recipients can consider public health and safety employees entirely devoted to responding to COVID-19 (and their payroll and benefits fully covered by SLFRF) if the 27 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury employee, or his or her operating unit or division, is “primarily dedicated” to responding to COVID- 19. Primarily dedicated means that more than half of the employee, unit, or division’s time is dedicated to responding to COVID-19. Recipients must periodically reassess their determination and maintain records to support their assessment, although recipients do not need to track staff hours. 3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of the employees’ time spent on COVID-19 response, as calculated above, through the period of performance. Government Employment and Rehiring Public Sector Staff Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention incentives, and paying for ancillary administrative costs related to hiring, support, and retention. • Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic employment, depending on the recipient’s needs. • If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients may use SLFRF funds to hire employees for the same positions that existed on January 27, 2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF funds to cover payroll and covered benefits for such positions through the period of performance. • If the recipient wants to hire above the pre-pandemic baseline and/or would like to have flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline. Specifically, recipients should undergo the following steps: a. Identify the recipient’s budgeted FTE level on January 27, 2020. This includes all budgeted positions, filled and unfilled. This is called the pre-pandemic baseline. b. Multiply the pre-pandemic baseline by 1.075. This is called the adjusted pre- pandemic baseline. c. Identify the recipient’s budgeted FTE level on March 3, 2021, which is the beginning of the period of performance for SLFRF funds. Recipients may, but are not required to, exclude the number of FTEs dedicated to responding to the COVID-19 public health emergency. This is called the actual number of FTEs. d. Subtract the actual number of FTEs from the adjusted pre-pandemic baseline to calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not have to hire for the same roles that existed pre-pandemic. 28 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Recipients may use SLFRF funds to cover payroll and covered benefits through the period of performance; these employees must have begun their employment on or after March 3, 2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021 level (i.e., the actual number of FTEs). • Supporting and retaining public sector workers. Recipients can also use funds in other ways that support the public sector workforce.10 These include: o Providing additional funding for employees who experienced pay reductions or were furloughed since the onset of the pandemic, up to the difference in the employee’s pay, taking into account unemployment benefits received. o Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used to maintain current compensation levels, with adjustments for inflation, in order to prevent layoffs that would otherwise be necessary. o Providing worker retention incentives, including reasonable increases in compensation to persuade employees to remain with the employer as compared to other employment options. Retention incentives must be entirely additive to an employee’s regular compensation, narrowly tailored to need, and should not exceed incentives traditionally offered by the recipient or compensation that alternative employers may offer to compete for the employees. Treasury presumes that retention incentives that are less than 25 percent of the rate of base pay for an individual employee or 10 percent for a group or category of employees are reasonably proportional to the need to retain employees, as long as other requirements are met. • Covering administrative costs associated with administering the hiring, support, and retention programs above. Effective Service Delivery SLFRF funding may be used to improve the efficacy of public health and economic programs through tools like program evaluation, data, and outreach, as well as to address administrative needs caused or exacerbated by the pandemic. Eligible uses include: • Supporting program evaluation, data, and outreach through: 10 Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its negative economic impacts (e.g., fiscal pressures on state and local budgets) and respond to its impacts. See the final rule for details on these uses. 29 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury ✓ Program evaluation and evidence resources ✓ Data analysis resources to gather, assess, share, and use data ✓ Technology infrastructure to improve access to and the user experience of government IT systems, as well as technology improvements to increase public access and delivery of government programs and services ✓ Community outreach and engagement activities ✓ Capacity building resources to support using data and evidence, including hiring staff, consultants, or technical assistance support • Addressing administrative needs, including: ✓ Administrative costs for programs responding to the public health emergency and its economic impacts, including non-SLFRF and non-federally funded programs ✓ Address administrative needs caused or exacerbated by the pandemic, including addressing backlogs caused by shutdowns, increased repair or maintenance needs, and technology infrastructure to adapt government operations to the pandemic (e.g., video-conferencing software, data and case management systems) 30 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury CAPITAL EXPENDITURES As described above, the final rule clarifies that recipients may use funds for programs, services, and capital expenditures that respond to the public health and negative economic impacts of the pandemic. Any use of funds in this category for a capital expenditure must comply with the capital expenditure requirements, in addition to other standards for uses of funds. Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the pandemic’s public health and economic impacts; specifically, they must be related and reasonably proportional to the pandemic impact identified and reasonably designed to benefit the impacted population or class. For ease of administration, the final rule identifies enumerated types of capital expenditures that Treasury has identified as responding to the pandemic’s impacts; these are listed in the applicable sub- category of eligible uses (e.g., public health, assistance to households, etc.). Recipients may also identify other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no pre- approval is required for capital expenditures. To guide recipients’ analysis of whether a capital expenditure meets the eligibility standard, recipients (with the exception of Tribal governments) must complete and meet the requirements of a written justification for capital expenditures equal to or greater than $1 million. For large-scale capital expenditures, which have high costs and may require an extended length of time to complete, as well as most capital expenditures for non-enumerated uses of funds, Treasury requires recipients to submit their written justification as part of regular reporting. Specifically: If a project has total capital expenditures of and the use is enumerated by Treasury as eligible, then and the use is beyond those enumerated by Treasury as eligible, then Less than $1 million No Written Justification required No Written Justification required Greater than or equal to $1 million, but less than $10 million Written Justification required but recipients are not required to submit as part of regular reporting to Treasury Written Justification required and recipients must submit as part of regular reporting to Treasury $10 million or more Written Justification required and recipients must submit as part of regular reporting to Treasury A Written Justification includes: • Description of the harm or need to be addressed. Recipients should provide a description of the specific harm or need to be addressed and why the harm was exacerbated or caused by the public health emergency. Recipients may provide quantitative information on the extent and the type of harm, such as the number of individuals or entities affected. 31 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury • Explanation of why a capital expenditure is appropriate. For example, recipients should include an explanation of why existing equipment and facilities, or policy changes or additional funding to pertinent programs or services, would be inadequate. • Comparison of proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. Recipients should consider the effectiveness of the capital expenditure in addressing the harm identified and the expected total cost (including pre-development costs) against at least two alternative capital expenditures. Where relevant, recipients should consider the alternatives of improving existing capital assets already owned or leasing other capital assets. Treasury presumes that the following capital projects are generally ineligible:  Construction of new correctional facilities as a response to an increase in rate of crime  Construction of new congregate facilities to decrease spread of COVID-19 in the facility  Construction of convention centers, stadiums, or other large capital projects intended for general economic development or to aid impacted industries In undertaking capital expenditures, Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws. 32 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED As described above, recipients have broad flexibility to identify and respond to other pandemic impacts and serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients should undergo the following steps to decide whether their project is eligible: Step 1. Identify COVID-19 public health or economic impact 2. Design a response that addresses or responds to the impact Analysis • Can identify impact to a specific household, business or nonprofit or to a class of households, businesses or nonprofits (i.e., group) • Can also identify disproportionate impacts, or more severe impacts, to a specific beneficiary or to a class • Types of responses can include a program, service, or capital expenditure • Response should be related and reasonably proportional to the harm • Response should also be reasonably designed to benefit impacted individual or class 1. Identify a COVID-19 public health or negative economic impact on an individual or a class. Recipients should identify an individual or class that is “impacted” or “disproportionately impacted” by the COVID-19 public health emergency or its negative economic impacts as well as the specific impact itself. • “Impacted” entities are those impacted by the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID- 19 public health emergency. For example, an individual who lost their job or a small business that saw lower revenue during a period of closure would both have experienced impacts of the pandemic. • “Disproportionately impacted” entities are those that experienced disproportionate public health or economic outcomes from the pandemic; Treasury recognizes that pre- existing disparities, in many cases, amplified the impacts of the pandemic, causing more severe impacts in underserved communities. For example, a household living in a neighborhood with limited access to medical care and healthy foods may have faced health disparities before the pandemic, like a higher rate of chronic health conditions, that contributed to more severe health outcomes during the COVID-19 pandemic. The recipient may choose to identify these impacts at either the individual level or at a class level. If the recipient is identifying impacts at the individual level, they should retain documentation supporting the impact the individual experienced (e.g., documentation of lost revenues from a small business). Such documentation can be streamlined in many cases (e.g., self-attestation that a household requires food assistance). Recipients also have broad flexibility to identify a “class” – or a group of households, small businesses, or nonprofits – that experienced an impact. In these cases, the recipients should 33 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury first identify the class and the impact that it faced. Then, recipients only need to document that the individuals served fall within that class; recipients do not need to document a specific impact to each individual served. For example, a recipient could identify that restaurants in the downtown area faced substantial declines in revenue due to decreased foot traffic from workers; the recipient could develop a program to respond to the impact on that class and only needs to document that the businesses being served are restaurants in the downtown area. Recipients should keep the following considerations in mind when designating a class: • There should be a relationship between the definition of the class and the proposed response. Larger and less-specific classes are less likely to have experienced similar harms, which may make it more difficult to design a response that appropriately responds to those harms. • Classes may be determined on a population basis or on a geographic basis, and the response should be appropriately matched. For example, a response might be designed to provide childcare to single parents, regardless of which neighborhood they live in, or a response might provide a park to improve the health of a disproportionately impacted neighborhood. • Recipients may designate classes that experienced disproportionate impact, by assessing the impacts of the pandemic and finding that some populations experienced meaningfully more severe impacts than the general public. To determine these disproportionate impacts, recipients: o May designate classes based on academic research or government research publications (such as the citations provided in the supplementary information in the final rule), through analysis of their own data, or through analysis of other existing data sources. o May also consider qualitative research and sources to augment their analysis, or when quantitative data is not readily available. Such sources might include resident interviews or feedback from relevant state and local agencies, such as public health departments or social services departments. o Should consider the quality of the research, data, and applicability of analysis to their determination in all cases. • Some of the enumerated uses may also be appropriate responses to the impacts experienced by other classes of beneficiaries. It is permissible for recipients to provide these services to other classes, so long as the recipient determines that the response is also appropriate for those groups. • Recipients may designate a class based on income level, including at levels higher than the final rule definition of "low- and moderate-income." For example, a recipient may identify that households in their community with incomes above the final rule threshold for low-income nevertheless experienced disproportionate impacts from the pandemic and provide responsive services. 2. Design a response that addresses or responds to the impact. Programs, services, and other interventions must be reasonably designed to benefit the individual or class that experienced 34 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury the impact. They must also be related and reasonably proportional to the extent and type of impact experienced. For example, uses that bear no relation or are grossly disproportionate to the type or extent of the impact would not be eligible. “Reasonably proportional” refers to the scale of the response compared to the scale of the harm, as well as the targeting of the response to beneficiaries compared to the amount of harm they experienced; for example, it may not be reasonably proportional for a cash assistance program to provide a very small amount of aid to a group that experienced severe harm and a much larger amount to a group that experienced relatively little harm. Recipients should consider relevant factors about the harm identified and the response to evaluate whether the response is reasonably proportional. For example, recipients may consider the size of the population impacted and the severity, type, and duration of the impact. Recipients may also consider the efficacy, cost, cost-effectiveness, and time to delivery of the response. For disproportionately impacted communities, recipients may design interventions that address broader pre-existing disparities that contributed to more severe health and economic outcomes during the pandemic, such as disproportionate gaps in access to health care or pre-existing disparities in educational outcomes that have been exacerbated by the pandemic. 35 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Premium Pay The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible workers performing essential work during the pandemic. Premium pay may be awarded to eligible workers up to $13 per hour. Premium pay must be in addition to wages or remuneration (i.e., compensation) the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any single worker during the program. Recipients should undergo the following steps to provide premium pay to eligible workers. 1. Identify an “eligible” worker. Eligible workers include workers “needed to maintain continuity of operations of essential critical infrastructure sectors.” These sectors and occupations are eligible: ✓ Health care ✓ Emergency response ✓ Sanitation, disinfection & cleaning ✓ Maintenance ✓ Grocery stores, restaurants, food production, and food delivery ✓ Pharmacy ✓ Biomedical research ✓ Behavioral health ✓ Medical testing and diagnostics ✓ Home and community-based health care or assistance with activities of daily living ✓ Family or child care ✓ Social services ✓ Public health ✓ Mortuary ✓ Critical clinical research, development, and testing necessary for COVID-19 response ✓ State, local, or Tribal government workforce ✓ Workers providing vital services to Tribes ✓ Educational, school nutrition, and other work required to operate a school facility ✓ Laundry ✓ Elections ✓ Solid waste or hazardous materials management, response, and cleanup ✓ Work requiring physical interaction with patients ✓ Dental care ✓ Transportation and warehousing ✓ Hotel and commercial lodging facilities that are used for COVID-19 mitigation and containment Beyond this list, the chief executive (or equivalent) of a recipient government may designate additional non-public sectors as critical so long as doing so is necessary to protecting the health and wellbeing of the residents of such jurisdictions. 2. Verify that the eligible worker performs “essential work,” meaning work that: • Is not performed while teleworking from a residence; and • Involves either: a. regular, in-person interactions with patients, the public, or coworkers of the individual that is performing the work; or b. regular physical handling of items that were handled by, or are to be handled by, patients, the public, or coworkers of the individual that is performing the work. 36 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 3. Confirm that the premium pay “responds to” workers performing essential work during the COVID-19 public health emergency. Under the final rule, which broadened the share of eligible workers who can receive premium pay without a written justification, recipients may meet this requirement in one of three ways: • Eligible worker receiving premium pay is earning (with the premium included) at or below 150 percent of their residing state or county’s average annual wage for all occupations, as defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics, whichever is higher, on an annual basis; or • Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions; or • If a worker does not meet either of the above requirements, the recipient must submit written justification to Treasury detailing how the premium pay is otherwise responsive to workers performing essential work during the public health emergency. This may include a description of the essential worker’s duties, health, or financial risks faced due to COVID-19, and why the recipient determined that the premium pay was responsive. Treasury anticipates that recipients will easily be able to satisfy the justification requirement for front-line workers, like nurses and hospital staff. Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.) and may be awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition to wages already received and may be paid retrospectively. A recipient may not use SLFRF to merely reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may not be paid to volunteers. 37 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Water & Sewer Infrastructure The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to address the consequences of deferred maintenance in drinking water systems and removal, management, and treatment of sewage and stormwater, along with additional resiliency measures needed to adapt to climate change. Recipients may undertake the eligible projects below: PROJECTS ELIGIBLE UNDER EPA’S CLEAN WATER STATE REVOLVING FUND (CWSRF) Eligible projects under the CWSRF, and the final rule, include: ✓ Construction of publicly owned treatment works ✓ Projects pursuant to implementation of a nonpoint source pollution management program established under the Clean Water Act (CWA) ✓ Decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage ✓ Management and treatment of stormwater or subsurface drainage water ✓ Water conservation, efficiency, or reuse measures ✓ Development and implementation of a conservation and management plan under the CWA ✓ Watershed projects meeting the criteria set forth in the CWA ✓ Energy consumption reduction for publicly owned treatment works ✓ Reuse or recycling of wastewater, stormwater, or subsurface drainage water ✓ Security of publicly owned treatment works Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities. PROJECTS ELIGIBLE UNDER EPA’S DRINKING WATER STATE REVOLVING FUND (DWSRF) Eligible drinking water projects under the DWSRF, and the final rule, include: ✓ Facilities to improve drinking water quality ✓ Transmission and distribution, including improvements of water pressure or prevention of contamination in infrastructure and lead service line replacements ✓ New sources to replace contaminated drinking water or increase drought resilience, including aquifer storage and recovery system for water storage ✓ Green infrastructure, including green roofs, rainwater harvesting collection, permeable pavement ✓ Storage of drinking water, such as to prevent contaminants or equalize water demands ✓ Purchase of water systems and interconnection of systems ✓ New community water systems Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities. 38 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury ADDITIONAL ELIGIBLE PROJECTS With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be “necessary” according to the definition provided in the final rule and outlined below. ✓ Culvert repair, resizing, and removal, replacement of storm sewers, and additional types of stormwater infrastructure ✓ Infrastructure to improve access to safe drinking water for individual served by residential wells, including testing initiatives, and treatment/remediation strategies that address contamination ✓ Dam and reservoir rehabilitation if primary purpose of dam or reservoir is for drinking water supply and project is necessary for provision of drinking water ✓ Broad set of lead remediation projects eligible under EPA grant programs authorized by the Water Infrastructure Improvements for the Nation (WIIN) Act, such as lead testing, installation of corrosion control treatment, lead service line replacement, as well as water quality testing, compliance monitoring, and remediation activities, including replacement of internal plumbing and faucets and fixtures in schools and childcare facilities A “necessary” investment in infrastructure must be: (1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which may include a reasonable projection of increased need, whether due to population growth or otherwise, (2) a cost-effective means for meeting that need, taking into account available alternatives, and (3) for investments in infrastructure that supply drinking water in order to meet projected population growth, projected to be sustainable over its estimated useful life. Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary investments. Additional eligible projects generally must be responsive to an identified need to achieve or maintain an adequate minimum level of service. Recipients are only required to assess cost- effectiveness of projects for the creation of new drinking water systems, dam and reservoir rehabilitation projects, or projects for the extension of drinking water service to meet population growth needs. Recipients should review the supplementary information to the final rule for more details on requirements applicable to each type of investment. APPLICABLE STANDARDS & REQUIREMENTS Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws. 39 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Broadband Infrastructure The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in broadband infrastructure, which has been shown to be critical for work, education, healthcare, and civic participation during the public health emergency. The final rule broadens the set of eligible broadband infrastructure investments that recipients may undertake. Recipients may pursue investments in broadband infrastructure meeting technical standards detailed below, as well as an expanded set of cybersecurity investments. BROADBAND INFRASTRUCTURE INVESTMENTS Recipients should adhere to the following requirements when designing a broadband infrastructure project: 1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that are designed to serve locations without access to reliable wireline 100/20 Mbps broadband service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload speed through a wireline connection), but are broadly able to invest in projects designed to provide service to locations with an identified need for additional broadband investment. Recipients have broad flexibility to define need in their community. Examples of need could include: ✓ Lack of access to a reliable high-speed broadband connection ✓ Lack of affordable broadband ✓ Lack of reliable service If recipients are considering deploying broadband to locations where there are existing and enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps, recipients must ensure that SLFRF funds are designed to address an identified need for additional broadband investment that is not met by existing federal or state funding commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will be reimbursed by the other federal or state funding streams. 2. Design project to meet high-speed technical standards. Recipients are required to design projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. In cases where it is not practicable, because of the excessive cost of the project or geography or topography of the area to be served by the project, eligible projects may be designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical 100 Mbps download and upload speeds. Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever feasible and to focus on projects that will achieve last-mile connections. Further, Treasury encourages recipients to prioritize support for broadband networks owned, operated by, or affiliated with local governments, nonprofits, and co-operatives. 40 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury 3. Require enrollment in a low-income subsidy program. Recipients must require the service provider for a broadband project that provides service to households to either: ✓ Participate in the FCC’s Affordable Connectivity Program (ACP) ✓ Provide access to a broad-based affordability program to low-income consumers that provides benefits commensurate to ACP Treasury encourages broadband services to also include at least one low-cost option offered without data usage caps at speeds sufficient for a household with multiple users to simultaneously telework and engage in remote learning. Recipients are also encouraged to consult with the community on affordability needs. CYBERSECURITY INVESTMENTS SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure, regardless of their speed delivery standards. This includes modernization of hardware and software. APPLICABLE STANDARDS & REQUIREMENTS Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws. 41 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Restrictions on Use While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to address the diverse needs of their communities, some restrictions on use of funds apply. OFFSET A REDUCTION IN NET TAX REVENUE • States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation beginning on March 3, 2021, through the last day of the fiscal year in which the funds provided have been spent. If a state or territory cuts taxes during this period, it must demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts, the amount used for this purpose must be repaid to the Treasury. DEPOSITS INTO PENSION FUNDS • No recipients except Tribal governments may use this funding to make a deposit to a pension fund. Treasury defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions connected to an eligible use of funds (e.g., for public health and safety staff). Examples of extraordinary payments include ones that:  Reduce a liability incurred prior to the start of the COVID-19 public health emergency and occur outside the recipient's regular timing for making the payment  Occur at the regular time for pension contributions but is larger than a regular payment would have been ADDITIONAL RESTRICTIONS AND REQUIREMENTS Additional restrictions and requirements that apply across all eligible use categories include: • No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used prospectively, recipients may not use SLFRF funds for debt service or replenishing financial reserves (e.g., rainy day funds). • No satisfaction of settlements and judgments. Satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding is itself not an eligible use. However, if a settlement requires the recipient to provide services or incur other costs that are an eligible use of SLFRF funds, SLFRF may be used for those costs. • Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that 42 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and may not be used in violation of the Award Terms and Conditions or conflict of interest requirements under the Uniform Guidance. Other applicable laws and regulations, outside of SLFRF program requirements, may also apply (e.g., laws around procurement, contracting, conflicts-of-interest, environmental standards, or civil rights). 43 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury Program Administration The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative processes and requirements, including on distribution of funds, timeline for use of funds, transfer of funds, treatment of loans, use of funds to meet non-federal match or cost-share requirements, administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for ineligible purposes. This section provides a summary for the most frequently asked questions. TIMELINE FOR USE OF FUNDS Under the SLFRF, funds must be used for costs incurred on or after March 3, 2021. Further, costs must be obligated by December 31, 2024, and expended by December 31, 2026. TRANSFERS Recipients may undertake projects on their own or through subrecipients, which carry out eligible uses on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF funds with other sources of funds. Localities may also transfer their funds to the state through section 603(c)(4), which will decrease the locality’s award and increase the state award amounts. LOANS Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although there are special rules about how recipients should track program income depending on the length of the loan. Recipients should consult the final rule if they seek to utilize these provisions. NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS Funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. However, note that SLFRF funds may not be used as the non- federal share for purposes of a state’s Medicaid and CHIP programs because the Office of Management and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations. SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult the final rule for further details if they seek to utilize SLFRF funds as a match for these projects. ADMINISTRATIVE EXPENSES SLFRF funds may be used for direct and indirect administrative expenses involved in administering the program. For details on permissible direct and indirect administrative costs, recipients should refer to Treasury’s Compliance and Reporting Guidance. Costs incurred for the same purpose in like circumstances must be treated consistently as either direct or indirect costs. 44 U.S. DEPARTMENT OF THE TREASURY Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury REPORTING, COMPLIANCE & RECOUPMENT Recipients are required to comply with Treasury’s Compliance and Reporting Guidance, which includes submitting mandatory periodic reports to Treasury. Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the final rule, Treasury may identify funds used in violation through reporting or other sources. Recipients will be provided with an initial written notice of recoupment with an opportunity to submit a request for reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial notice of recoupment and does not submit a request for reconsideration, the initial notice will be deemed the final notice. Treasury may pursue other forms of remediation and monitoring in conjunction with, or as an alternative to, recoupment.    Town Council Regular Session C. Meeting Date:09/21/2022   Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Approval to ratify the Mayor's reappointment request of a citizen member to the Corrections Officers Retirement Plan (CORP) Local Board RECOMMENDATION: The term of the current CORP citizen member, Dr. Roberta Hindenlang, expired on August 31, 2022. Mayor Winfield is recommending that Dr. Hindenlang be reappointed as CORP citizen member for a term ending August 31, 2026. EXECUTIVE SUMMARY: Several Police Department dispatchers are members of the State of Arizona Corrections Officers Retirement Plan (CORP). Pursuant to ARS 38-893, each municipality that offers CORP must also form a local board to administer various aspects of the program to its members. The local board must be comprised of the following five (5) members:  The Mayor or his designee who serves as chairperson Town citizens appointed by the Mayor with the approval of Council to four-year terms Two members (employees) elected by secret ballot by members employed by the Town of Oro Valley to four-year terms BACKGROUND OR DETAILED INFORMATION: The other four members of the CORP local board are:         Michelle DeVault, Oro Valley Police Department - term ends June 30, 2023         Keli Mendivil, Oro Valley Police Department - term ends June 30, 2025         Carlene Kron, Mayor Designee - term ends August 31, 2023         Brett Sadovnick, Citizen Member - term ends August 31, 2023 FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve Dr. Roberta Hindenlang as a citizen member of the CORP local board for a term ending August 31, 2026. Attachments Reappointment Request  From:Inboden, Jen To:Stine, Michelle Subject:FW: CORP Board position Date:Monday, September 12, 2022 9:30:28 AM From: Sent: Monday, September 12, 2022 9:27 AM To: Inboden, Jen <jinboden@orovalleyaz.gov> Subject: Re: CORP Board position Hi Jen. Yes, I’m interested in serving. Sent from my iPhone R. Hindenlang On Sep 7, 2022, at 3:23 PM, Inboden, Jen <jinboden@orovalleyaz.gov> wrote:  Dr. Hindenlang, First, let me introduce myself. I am the new Local Board secretary for CORP. I took over for Carrie Rowley a few months ago and apologize for not reaching out sooner. I noticed this week that your term ended on 8/31/22. I wanted to ask if you are interested in serving another term on the CORP Board. As you know, the Board typically meets in December and the time commitment is minimal since there are only two members of CORP in the Town of Oro Valley. I hope you are interested and available to serve another term. If so, please just respond to this email indicating your interest. If you are not able to continue in this position, a response is appreciated as well. Jen Inboden HR Analyst | Town of Oro Valley 11000 N La Cañada Drive | Oro Valley, AZ 85737 www.orovalleyaz.gov 520.229.4795    Town Council Regular Session 1. Meeting Date:09/21/2022   Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: PRESENTATION AND POSSIBLE DISCUSSION OF SCOPE OF WORK FOR PLANNED HOUSING STUDY PER THE TOWN COUNCIL'S FY 21/22 - FY 22/23 STRATEGIC LEADERSHIP PLAN RECOMMENDATION: This item is for information and discussion purposes only.  EXECUTIVE SUMMARY: The purpose of this item is to discuss and gather feedback on the proposed housing study scope (Attachment 1), prior to commencing work with a consultant. Conducting a housing study is an objective in the Town Council's Strategic Leadership Plan and an action item in the Your Voice, Our Future (YVOF) General Plan. Additionally, it will provide key factual information to address the State-required housing element in the next General Plan (2026). Preparation and early plans for the next General Plan update are already being discussed at the staff level. Essential to setting a vision, goals and polices for the next 10-years is establishing the Town's baseline through a fact-based background report on key General Plan topics. This report will be compiled over the next year to include information about economic development, environment, public safety, community resources, land use and development. The housing study is one component of this larger report.    The fact-based background report will eventually be used during the next General Plan's intensive public outreach process to gauge community values related to housing. The combination of the facts and community input will ultimately be used to formulate the next General Plan's goals, policies and actions items for housing.  Initially, staff was awaiting the full release of the 2020 Census data to begin work on the housing study. Unfortunately, the data release has been unexpectedly delayed multiple times (now anticipated in Spring 2023). However, recent 5-year estimates have been released that include the datasets recommended for the study. This new information combined with impending work for next General Plan has spurred the need to start working on the housing study now. The proposed scope was derived from the following sources:  Town Council's Strategic Leadership Plan and YVOF General Plan State law parameters for the housing element required in the upcoming General Plan update process Planning resources from nationally known sources (e.g. American Planning Association) Analysis of other jurisdictions' housing studies Preliminary feedback from Town Council received during a study session in December 2021 Based on this research, the proposed scope is divided into four parts. Data will be collected to answer the following questions:  Existing Guidance and Inventory (What is our current housing inventory?). This part compiles the Town's existing policies related to housing and economic development for guidance. It also includes an inventory of the amount, type and quality of housing in Oro Valley and baseline information about the Town's economy.  1. Factors in Housing Demand (Who are we, and where are we headed?). This part provides information to project the Town's future housing needs based on key demographic, housing and economic trends. This information will be compared to the existing housing inventory (part 1) to understand the amount, type and cost of housing needed to support current/future residents and a thriving economy.  2. Housing Needs and Supportable Retail Demand (What are our housing needs?). Based on the first two parts, this section provides an analysis to identify gaps, if any, between the Town's housing stock (current and projected) and needs. Additionally, it will identify how much retail is supportable by the existing and projected housing demand.   3. Action Plan (How do we meet our housing needs?). This part will allow the consultant to use the above information to recommend goals, policies and actions to address any gaps identified in part 3 for consideration. It will also include an analysis of any opportunities or unintended impacts in implementing the recommended actions (e.g. impacts to Town infrastructure and resources or trade-off in zoning, like reducing commercial land to increase land available for housing).  4. In summary, the proposed housing study scope will meet the Town Council's Strategic Leadership Plan's objective, YVOF action and provide important research for the next General Plan. This item is presented for information and discussion purposes only. Preliminary feedback was received from the Planning and Zoning Commission in August. Once feedback is received from Town Council, a consultant will be selected through the Town's standard procurement process. The results of the housing study, along with the full background report are expected to be presented to the Commission and Council in 2023.  BACKGROUND OR DETAILED INFORMATION: Completion of a housing study was included in the Your Voice, Our Future  (YVOF) General Plan and further prioritized by the Town Council through the Strategic Leadership Plan FY21/22 – 22/23.  General Plan, Action 135: Respond to and plan for the present and future housing needs of the community, while considering changes in demographics and overall growth by conducting a housing inventory, developing a housing plan that addresses the needs of a diverse community, developing zoning strategies that implement the housing plan. Town council Strategic Leadership Plan (SLP): Conduct an assessment to determine the types of residential opportunities necessary to successfully promote a thriving and diverse economic base. The housing study will not only help fulfill the goals of these policy documents but provide critical data for the State-required housing element in the next General Plan. State law requires different elements in the General Plan based on a jurisdictions' population. With the Town projected to reach 50,000 people by 2026, the General Plan must include "standards and programs for" the following as quoted from ARS:   "Elimination of substandard dwelling conditions Improvement of housing quality Variety and affordability and for provision of adequate sites for housing. This element shall contain an identification and analysis of existing and forecasted housing needs. This element shall be designed to make equal provision for the housing needs of all segments of the community regardless of race, color, creed or economic level." The image below shows which of the proposed parts of the housing study meet each item's objectives:  Preparation for the next General Plan, which must be ratified by 2026, is underway at the staff level. Compiling a background report is  a key first step in the General Plan 10-year update process. The background report will establish the Town's statistical baseline (where are we now) for economic development, environmental resources, public safety, community development and land use.  The housing study represents one component of this larger background report.  The background reports are then utilized as a foundation for community discussion as part of the intensive General Plan outreach effort. The Town's direction on housing must ultimately comport with germane elements of federal housing laws, etc.  Initially staff was waiting for all the 2020 Census data to be released to begin work on the study. Unfortunately, the data release has been delayed several times and is now projected to be released in Spring 2023. However, recent 5-year estimates have been released that includes the data needed to complete the housing study.  The need to start preparing for the next General Plan and availability of recent estimates outweighs the benefits of waiting for the 2020 Census data release.  DISCUSSION In addition to the Town's guiding documents and State requirements, staff reviewed planning resources and several jurisdictions' housing studies to develop the proposed scope (Attachment 2). Sources included:  American Planning Association Urban Land Institute Attainable Housing  National Community of Practice on Local Housing Policies Tempe Housing Inventory and Affordability Analysis Tempe Urban Core Market Study Tucson/Pima County MAP Town of Sahuarita and Green Valley Housing Feasibility  Tucson Comprehensive Housing Market Analysis  Sedona Housing Needs Assessment and Five-year Action Plan Flagstaff 10-year Housing Plan Based on staff's research and to meet the requirements established in the guiding documents and State law, the proposed study is divided into the four parts. As depicted in the image below, the first two parts provide the data needed to identify any housing needs (part three). Based on the identified needs (if any), part 4 will include consultant-recommended goals, policies and actions to address the identified needs for consideration. More information and specifics about each part is included in  Attachment 1.  PLANNING AND ZONING COMMISSION The Planning and Zoning Commission discussed the housing study scope during through a study session on August 4, 2022. With respect to the scope, the key items discussed were the relationship between housing and transit, workforce housing and affordability by age group and abilities. These items are included in the proposed scope. Minutes from the Planning and Zoning Commission meeting are available here. SUMMARY AND NEXT STEPS Although initially waiting for the full release of 2020 Census data to begin on the housing study, the recent release of 5-year estimates will provide the data needed to complete the study. Of great importance, is completing the housing study in preparation for the next General Plan, which must be ratified by 2026. This includes compiling a fact-based background report to establish a baseline for the Town of Oro Valley.  The housing study is a core component of this background information and foundational to addressing the State-required housing element in the next General Plan. The proposed scope is being presented for information and discussion. Once feedback is received from the Town Council, a consultant will be selected through the Town's standard procurement process.  The results of the housing study, along with the full background report will be presented to the Commission and Council in 2023. Furthermore, the data collected for the background report will be used during the General Plan outreach process to gauge community values regarding housing, etc.   FISCAL IMPACT: Not applicable. SUGGESTED MOTION: This item is for discussion only.  Attachments ATTACHMENT 1 - PROPOSED HOUSING STUDY SCOPE  ATTACHMENT 2 - RESEARCH AND ANALYSIS  Staff Presentation  ATTACHMENT 1 - PROPOSED HOUSING STUDY SCOPE PROPOSED HOUSING STUDY SCOPE PART 1: EXISTING GUIDANCE AND INVENTORY (What is our current housing inventory?) PURPOSE: This part compiles the Town’s existing policies related to housing and economic development. It also provides an inventory of the existing housing stock and baseline information about Oro Valley’s economy. CATEGORIES IMPORTANCE AND OVERVIEW INFORMATION AND DATA Guidance Entails compiling the community’s existing vision and goals regarding housing and economic development. Additionally, it provides the parameters from State law to ensure the study meets the needs for the next General Plan. Detailed list of existing Town goals, policies and future guidance for the General Plan 2026 related to housing and economic development. Housing inventory analysis Provides an inventory of housing in Oro Valley. The data in this section and Part 2 will be used to identify any gaps in the OV housing market (Part 3). Distribution of housing in Oro Valley and nearby region by type and size: • Types - range from detached single-family homes, attached single- family homes (townhomes, duplexes), apartments to mobile homes. • Size – a breakdown of single-family home lot sizes and multi-family homes dwelling units (the number of bedrooms) in Oro Valley. Quality of housing in Oro Valley: • Age – a breakdown of when homes were built • Conditions – an overview of the physical characteristics of homes and amenities Economic base analysis Establishes the existing economic base for Oro Valley. Data from this section and Part 2 will be used to identify the number and type of housing needed to support a thriving economy (Part 3). Distribution of economic activity in Oro Valley and nearby region: • Type of industries – a breakdown Oro Valley’s top industries (e.g., health services and social assistance, professional, scientific management, administrative and waste management services, manufacturing, retail trade and educational services) • Quantity - built square footage for each industry type ATTACHMENT 1 - PROPOSED HOUSING STUDY SCOPE PART 2: FACTORS IN HOUSING DEMAND (Who are we, and where are we headed?) PURPOSE: This part provides information to the project the Town’s future housing needs based on key demographic, housing and economic trends. This information will be compared to the existing housing inventory (part 1) to understand the amount, type and cost of housing needed to support current/future residents and a thriving economy. CATEGORIES IMPORTANCE AND OVERVIEW INFORMATION AND DATA Demographic Trends Provides information to project the Town’s future housing needs based on key demographic trends. • Population and migration trends • Age – includes age distribution and median age • Race and ethnicity • Disability – status and types of disabilities reported • Income and Poverty – includes a distribution of income and median income for the Town • Disposable income – remaining income after home and transportation costs are removed • Educational attainment – level of education completed amongst different age groups Housing Market Trends In addition to the existing policies (Part 1), this section will provide more context about residents’ preferences and housing needs. It also includes information to project the type and cost of housing available to current and future residents. Consumer preferences and needs • Occupancy type (renter or owner) • Population living in group quarter facilities (senior care, etc.) • Household characteristics – size (for rentals and owned homes), number of household with people over 65, children, grandparents raising children, households with families or individuals. Home sales market conditions • Current conditions and trends regarding home sales and prices for existing and new construction, housing turnover, delinquent mortgages, absentee sales, and absorption rates of new homes Rental market conditions • Current conditions and trends regarding rental construction activity and vacancy Home trends and forecasts - changes in the supply through new construction (permits issued per year), conversions, and demolitions. Market trends and forecasts for rentals and homes. Land availability and capacity of home builders. ATTACHMENT 1 - PROPOSED HOUSING STUDY SCOPE Economic Market Trends This section will help project the amount of employment opportunities available in Oro Valley. • Forecast for Oro Valley and regional economic base industries • Workforce characteristics – commute times, salaries, and educational attainment/skills for those working in Oro Valley • Land availability and construction costs PART 3: HOUSING NEEDS AND SUPPORTABLE RETAIL DEVELOPMENT (What are our housing needs?) PURPOSE: Based on the first two parts, this section provides an analysis to identify gaps, if any, between the Town's housing stock (current and projected) and needs. Additionally, it will identify how much retail is supportable by the existing and projected housing demand. CATEGORIES IMPORTANCE AND OVERVIEW INFORMATION AND DATA Housing market gaps Using the data collected in the previous parts, this section identifies any gaps between Oro Valley’s housing stock and projected needs. • Number of units needed based on existing inventory, population, and employment projections • Any mismatches in consumer needs or preferences (age, disability, and income) to the existing housing stock and land availability • Comparison between income levels of residents and the Town’s workforce to home sales prices and rental rates Supportable retail demand This section will identify how much retail is supportable by the existing and projected housing demand. • Amount of disposable income per home • Existing and projected number of housing units remaining and needed • Existing and projected amount of supportable retail PART IV: ACTION PLAN PURPOSE: This part provides recommended goals, policies, and actions to address any gaps identified in part 3. It also includes an analysis of any intended or unintended impacts of implementing the recommended actions. CATEGORIES IMPORTANCE AND OVERVIEW INFORMATION AND DATA Goals and policy recommendations This part recommends goals and policies to be considered with the next General Plan that address any identified housing market gaps and support a thriving economy. Recommended goals and policies to fulfill any gaps identified in Part 3. This may include goals and policies to address the following: • Adjust the number of housing units to support the projected population • Accommodate housing types to support a diverse population and economic base • Support housing affordability to include all residents and workers • Encourage quality housing Actions to meet policies Specific and measurable actions to meet the proposed goals and policies. Action steps to meet goals and policies ATTACHMENT 1 - PROPOSED HOUSING STUDY SCOPE Review possible opportunities or impacts to Town resources (e.g., water, roads, public safety) and overall Town growth by implementing the proposed actions • Analysis of any unintended impacts of implementing the recommended actions (e.g., trade-off in zoning, Town resources and infrastructure) ATTACHMENT 1 - PROPOSED HOUSING STUDY SCOPE ATTACHMENT 2 – RESEARCH AND ANALYSIS FOR HOUSING STUDY GENERAL POINTS/ ELEMENTS Existing inventory of housing stock Economic and demographic trends used to predict housing needs Focus on consumer preferences and affordability to identify housing needs Information for both housing and rental markets Action plans that are measurable and accountable through evaluations JURISDICTION ELEMENTS KEY POINTS Tempe Housing Inventory and Affordability Analysis (2018) BBC Research and Consulting Demographic Analysis • Population; Ownership rate; Household composition (size and type, e.g., family or non-family); Age; Income Housing Market Analysis • Housing stock; Product type; Occupancy; Age Homeownership Market • Trends in value; Market prices; Affordability Rental Market • Distribution of rents; Market rates; Affordability and public assistance Housing Market Gaps • Mismatch in the rental market (Rental Gap); Gaps in the sales market; Options for renters wanting to buy Includes consumer needs (such as affordability) and preferences. Tucson-Pima County MAP (2020) Neighborhood Vulnerability • Percent of residents that identify as anything other than “non-Hispanic white alone”; Percent of households who rent, rather than own, their homes; Percent of residents aged 25 and over who lack a four-year bachelor’s degree or higher; Percent of households with incomes below 80% of Area Median Income (as determined by HUD); Share of children that live in households below the official poverty line Housing Market Assessment • Owned home price trends; Rental home price trends; Housing cost burden for owners and renters; Housing characteristics: age, type, and vacancy; New home construction trends; Affordable housing trends Gap Analysis • Population; Income and affordability; Older adults; Housing by ethnicity and race; Vulnerability • Describes and provides data for vulnerable populations and housing needs • Interactive analysis to show housing needs in the region (current and future) ATTACHMENT 2 – RESEARCH AND ANALYSIS FOR HOUSING STUDY Town of Sahuarita and Green Valley Housing Feasibility (2020) Consultants: Crystal & Company Socio-economic profile • Employment and labor force; Population growth; Household and median income; Population by age, gender, race/ethnicity; Household type and educational attainment; Poverty and disability status Housing supply and market conditions • Overview of Residential Inventory by Type, Age, Tenure and Bedroom Mix; Inventory by Tenure & Type; Housing Turnover & Vehicles Available; Existing Residential Homeownership Values, Vacancy Rates and Gross Rents; Residential Market Conditions; Housing Distress in The Region; Assisted Housing Inventory in the region Residential market demand and site development analysis and prioritization • Key Area Labor Force Estimates and Projections; Market Demand Assumptions/Approach & Commute; Study Area Gross For-Sale Housing Demand Estimates; Study Area Gross Rental Housing Demand Estimates; Study Area Market Penetration Issues; Study Area Residential Development Sites & Prioritization, Financial Considerations and Land Use Ordinance Considerations; Findings for Sahuarita and Green Valley Affordable housing strategies • Introduction & Goals; Town of Sahuarita Housing Strategy; Green Valley Affordable Housing Strategy • Assisted living included in the inventory • Land use and site development analysis included to develop strategies. Comprehensive Housing Market Analysis – Tucson, Arizona (April 2019) US department of Housing and Urban Development Economic Conditions • Major Employers; Trends; Current conditions – payroll, unemployment; Commuting patterns; Employment forecast Population and households • Population trends (migration); Age cohort trends; Population by geography; Household trends; Households by tenure; Population and household growth forecast Home Sales Market Conditions • Current conditions; REO Sales and Delinquent mortgages; Existing homes sales and prices; Absentee sales; New home sales and prices; Affordability; Sales construction activity; Forecast Rental Market Conditions • Current conditions and recent trends; Student housing; Military housing; Rental construction activity; Recent completions; Affordability; Forecast • Relates economic development with housing • Housing for different temporary target groups (e.g., students) ATTACHMENT 2 – RESEARCH AND ANALYSIS FOR HOUSING STUDY Tempe Urban Core Market Study - Projected through 2040 Demographic trends • Population and households; Household Composition; Age Distribution; Race and Ethnicity; Household Income; Educational Attainment; Students; Resident Employment; Workers; Commute Flow; Households by Tenure; Households by Size; Occupancy; Overcrowding; Housing Stock Real Estate Trends • MFR Residential; Residential ownership; Retail; Office; Hotels and Conference Space Projections for supportable demand • Employment and Office Space projections; Population and retail projections; Hotel demand projections Affordable Housing • Housing cost burdens; Current need for affordable units; Affordability needs in projected housing development; Current policies and programs to address affordability; Additional tools to explore further Includes the amount of retail, office, and hotel space supportable by the existing and future housing amount Sedona Housing Needs Assessment and Five-Year Plan Elliott D. Pollack & Company Volume I – Existing Conditions and Housing Gap Analysis Demographic and Economic Analysis • Population, households, household size, migration, income, educational attainment; employment; commute time; occupations; inflow/outflow of workforce; per capita taxable sales; forecasts Housing analysis • Occupancy type; year built; short-term rentals; prices and rents; housing costs; apartments; overcrowding; Gap Analysis • Affordable housing for existing residents; different approaches (affordability and housing costs burden) Volume II – Affordable Housing Action Plan • Objectives, funding sources and toolkit • Includes information about the workforce population (e.g., commute time) with a focus on housing for the workforce • Action plan with tools and proposed funding sources to implement Flagstaff 10-year Housing Plan Purpose, vision, goals and policies related to housing Housing data and needs assessment • Housing affordability and cost burdens; racial disparities and housing justice; homelessness Housing first, housing equity, continuum and affordability Thorough research conducted for action plan and analysis of infrastructure, zoning, etc. needs to support affordable housing. ATTACHMENT 2 – RESEARCH AND ANALYSIS FOR HOUSING STUDY Housing Gap Analysis • Affordability; market rate housing Housing survey and working group results. Other resources/articles reviewed: • American Planning Association – Housing Assessment • ULI Attainable Housing: America’s Missed Opportunities • APA Job-Housing Balance (PAS Report 516) • APA Data-driven Housing Assessments and action plans, Part I & II (PAS Memo) • National Community of Practice on Local Housing Policies • US Census • American Housing Survey (AHS) • Consolidated Housing Affordability Survey (CHAS) • Bureau of Applied Economics (BAE) • Bureau of Labor Statistics (BLS) • Paycheck to paycheck (data on employment salaries vs. income to own or rent a home): https://nhc.org/paycheck-to-paycheck/ Proposed Housing Study Scope of Work Town Council September 21, 2022 Purpose and Timing Proposed scope Represents national, regional and local best practices Satisfies actions from the Your Voice, Our Future General Plan (2016) & Town Council Strategic Leadership Plan Importance of the study Fact-based findings for decision-making and recommendations for policy development Housing is integral to most aspects of the next General Plan •State required housing element in the next General Plan •Component of Background Studies on key General Plan elements -must be completed by Fall 2023 •Basis for community dialogue and policy development Process for developing the Housing Study scope Review of guiding policies and State law YVOF General Plan –identify housing needs for current and future residents Strategic Leadership Plan (SLP) –identify the types of housing to support a thriving economy State law requirement –policies to provide variety, affordable and adequate sites for housing Review of national resources and other jurisdictions’ housing studies American Planning Association Urban Land Institute Attainable Housing National Community of Practice on Local Housing Policies Tempe Housing Inventory and Affordability Analysis Tempe Urban Core Market Study Tucson/Pima County MAP Town of Sahuarita and Green Valley Housing Feasibility Tucson Comprehensive Housing Market Analysis Sedona Housing Needs Assessment and Five-year Action Plan Flagstaff 10-year Housing Plan Input from Town Council and Planning & Zoning Commission Existing Guidance and Inventory •Existing community housing values •Amount and type of existing housing •Economic base information Factors in Housing Demand •Demographics •Consumer Preferences •Housing and Economic Trends Housing Needs and Supportable Retail Demand •Gaps, if any, between projected stock and housing needs •Retail supportable by existing and projected housing Recommended Actions and Analysis •Recommend goals, policies and actions to meet housing needs •Analysis of potential impacts Proposed Scope Part I Part II Part III Part IV Timeline and Next Steps 2022-2023 Compile data Analyze results Recommendations Present findings to the Commission and Council (no action) 2023-2026 Gather community input on findings through the extensive General Plan community outreach process Surveys Forums Open houses Discussion boards Webinars Community Events Online Polls Committees And More! Fact Gathering Community Conversations for next General Plan Response to Commission and Council Feedback Part I Part II Part III Part IV Next Steps Town Council Study Session Dec. 2021 Examine the intended or unintended impacts the proposed housing recommendations may have on the environment, roadways, water, etc. Analyze balance of residential and non-residential land uses Planning and Zoning Commission Study Session August 2022 Understand the affordability needs of different age groups and abilities Consider transportation and other factors to locate housing Collect data on workforce housing needs Consider various code and process changes to increase housing production Present findings to public Town Council Report August 2022 Provide context of the larger region Analyze impacts of housing development rate to the environment, water, roadways, sewer, etc. Gather input from residents on preferences for housing types and locations Summary and Next Steps Proposed scope Represents best practices for national, regional and local studies Incorporates feedback received to date Importance of housing study Fulfills General Plan actions and SLP objectives Findings will assist with future land use decisions Use for policy development in the next General Plan Next steps Contract a consultant to assist staff with study Present fact-based study to the Commission and Council next year Gather community input on findings to create housing goals, policies and actions for the next General Plan    Town Council Regular Session 1. Meeting Date:09/21/2022   Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: FOR DIRECTION TO THE TOWN MANAGER AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION,TO APPROVE OR DENY A SETTLEMENT OF MARSH V. ORO VALLEY CLAIM RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to (Approve or Deny) the settlement of Marsh v. Oro Valley claim. Attachments No file(s) attached.    Town Council Regular Session 2. Meeting Date:09/21/2022   Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: FOR DIRECTION TO THE TOWN ATTORNEY AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION REGARDING THE TOWN MANAGER'S ANNUAL PERFORMANCE REVIEW RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to... Attachments No file(s) attached.