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Home My WebLink AboutPackets - Council Packets (692) *AMENDED (06/02/09, 12:00 PM) **AMENDED (05/29/09, 2:30 PM) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JUNE 03, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING 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. PRESENTATION: PAUSE FOR PAWS 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes - April 20, 22, 27, 29, 2009 B. Police Report - April 2009 C. Coyote Run Monthly Transit Report - April 2009 D. Resolution No. (R)09 - 26 Approving the high intensity drug trafficking area (HIDTA) grant agreement between the Arizona Criminal Justice Commission (ACJC) and the Town of Oro Valley, allowing for two (2) officers to be assigned to the Pima tooro County/Tucson Metropolitan Counter Narcotics Alliance (CNA) 06/03/09 Agenda, Council Regular Session 2 E. Resolution No. (R)09 - 27 Approving the high intensity drug trafficking area (HIDTA) grant agreement between the Arizona Criminal Justice Commission (ACJC) and the Town of Oro Valley, allowing for one (1) officer to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance (PCHITF) F. Approval of the sponsorship of public meetings hosted by Senator Al Melvin scheduled for Saturday, June 13, 2009 from 12:00 p.m. to 2:00 p.m., Saturday, September 12, 2009 from 12:00 p.m. to 2:00 p.m. in the Town Council Chambers and on Saturday, December 12, 2009 from 12:00 p.m. to 2:00 p.m. in the Magistrate Court G.** Resolution No. (R)09-29 Urging the Arizona State Legislature not to sweep Municipal Impact Fees into the State Budget and urging the Arizona State Legislature not to impose a moratorium on the application of new Building Codes to Plats or Plans approved prior to May 1 , 2009 or on future collection of Municipal Impact Fees H.* Resolution No. (R)09-30 Authorizing the Town Attorney to sign on to the amicus curiae brief to be filed by City of Scottsdale before the Arizona Supreme Court in support of the Court of Appeals opinion in Turken v. Gordon, Arizona Supreme Court Case CV-09-0042-PR 2. PUBLIC HEARING - RESOLUTION NO. (R)09 - 28 ADOPTING ESTIMATES OF THE AMOUNTS REQUIRED FOR THE FISCAL YEAR 2009/2010 AS A TENTATIVE BUDGET; SETTING FORTH THE RECEIPTS AND EXPENDITURES/EXPENSES FOR THE FISCAL YEAR 2009/2010; GIVING NOTICE OF THE TIME FOR THE FINAL PUBLIC HEARING - JUNE 17, 2009 FOR ADOPTING THE BUDGET FOR FISCAL YEAR 2009/2010; PROVIDING FOR CONTINGENCIES; PROVIDING FOR THE USE OF FUNDS; SETTING THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION FOR FISCAL YEAR 2009/2010; AND, DECLARING AN EMERGENCY 3.** CONSIDERATION AND POSSIBLE APPROVAL FOR FUNDING TO HOST A TOWN-SPONSORED JULY 4111 EVENT 4. 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) 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 06/03/09 Agenda, Council Regular Session 3 "Call to Audience." In order to speak during "Call to Audience" please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 05/22/09 AMENDED AGENDA POSTED: 05/29/09 2:00 p.m. 2:30 p.m. ejk ejk SECOND AMENDED AGENDA POSTED: 06/02/09 12:00 p.m. cp 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. A MINUTES • ORO VALLEY TOWN COUNCIL SPECIAL SESSION April 20, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER: 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K. C. Carter, Vice Mayor Paula Abbott, Council Member Bill Garner, Council Member (by telephone) Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member EXECUTIVE SESSION AT OR AFTER 5:30 PM MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to go into Executive Session at 5:32 p.m. for discussion and consultation for legal advice with the Town Attorney pursuant to A.R.S. Section 38-431.03(A)(3) relating to the potential sale of the Rancho Vistoso Municipal Operations Center site. MOTION carried 7 - 0. MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to go out of Executive Session at 5:55 p.m. MOTION carried 7 - 0. ADJOURN SPECIAL SESSION MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to adjourn the Special Session at 5:56 p.m. MOTION carried 7 - 0. BUDGET STUDY SESSION CALL TO ORDER: 6:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor 1111 K. C. Carter, Vice Mayor 04 20 09 Minutes, Council Special Session 2 Paula Abbott, Council Member Bill Garner, Council Member (by telephone) Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member Review Budget Issues Memo from 4/13/09 Budget Review Sessions Mayor Loomis pointed out that in order to help the Council reach a unanimous consensus, Wednesday's budget study session would be a budget "special" session allowing Council to vote on budget issues to provide Council direction to staff. He asked that future budget study sessions be posted as "special" sessions so that Council may take action and also that any requests for consensus during tonight's meeting be deferred to Wednesday so that action on these items may be taken during that meeting. Finance Director Stacey Lemos presented responses to questions raised at the April 13, 2009 budget study session. 1) Permits have been reduced to 75 as requested. Additionally, revenue for residential permits and construction sales tax has been reduced by $187,598 in the General Fund and by $65,249 in the Highway Fund. 2) The table representing what the employee currently pays per month for health benefits and the new rates to be paid if a change in Town contribution amounts is made was reviewed. The Town pays 100% for employee-only premiums and 75% of dependent coverage. The table representing the current amounts paid by the Town, and scenarios reflecting the savings realized if the percentage portion was changed dated April 13, 2009, was reviewed and will be redistributed to Council. 3) Reviewed the impact to user fees for Summer Programs in the Parks & Recreation Department if cost recoveries were increased. 4) Rates charged by the cities of Tucson, Sahuarita, Marana, Pima County, Gilbert, Sierra Vista, Flagstaff and Oro Valley for summer camp programs were reviewed. Tucson was the only jurisdiction which identifies different fees for residents and non-residents. 5) Information requested on the revenue and operating costs associated with the operation of other pools in the greater Tucson area will be presented at a future budget study session. 6) The recommended budget already reflected a budget decrease of over $300,000 compared to the current year. Any further cuts to the Parks & Recreation budget would involve the elimination of positions in other divisions, 04 20 09 Minutes, Council Special Session 3 impact direct services to the public, and/or hinder the Department's ability to 4160- maintain the parks and facilities. Therefore, no further cuts to the department's budget were recommended. In response to the Town Manager's direction, all programs were evaluated and prioritized. Every service provided by the department fulfills an important community service. The elimination of the Multimodal Planner will have effects on service levels. Therefore, it is requested, should the opportunity arise, that Town Council give thoughtful consideration to the restoration of this position through the use of a new funding source, cost reductions in other areas of the budget, or other monies as available 7) Additional information was provided on the alternative budget savings proposal for the Police Department including the amounts for the FY 2008/09 Budget and 08/09 Year-End Projections. 8) The $3 million for the Economic Stimulus funding will be removed from the Highway Fund and moved to a separate fund. The Town Engineer has called Pima Association of Governments (PAG) to verify that staff time cannot be funded with the stimulus money because it would supplant existing funds for payroll. 9) The Town Engineer has reviewed the budget in his department to look for areas of possible savings. $480,000 has already been cut from the operations and maintenance and capital line items, and $312,000 from personnel. Reducing the bottom line even further will impact services to a negative degree. The budget being recommended is reasonable based on long-term sustainability. 10) In 2006, the fares for Coyote Run were doubled. Currently, Coyote Run's 11 .4% fare box recovery exceeds that of the national average for like services. Sun Van and Handi-Car's fare box recovery rates are 4% and 2% respectively. Should Council wish to consider a fare increase, service zone changes, or service hour adjustments, a public process and hearing would need to occur to satisfy Federal Transit Administration requirements. 11) Presently, Coyote Run has implemented the following service constraints to comply with the hiring freeze - • No same or next day service will be available • All reservations MUST be made 48 hours in advance, no exceptions • The call is a request for a trip, not a guaranteed reservation • Trip availability will be determined by 3:00 p.m., the day prior • Trip may be cancelled due to driver unavailability • Trips will be limited to 60 passengers per day • Reservations/dispatch will be open until 3:00 p.m. • Beginning April 20, 2009, Coyote Run will have a part-time dispatcher and three part-time driver positions vacant. The part-time dispatcher 04 20 09 Minutes, Council Special Session 4 position has been recommended as a possible elimination to assist with the current budget. Coyote Run feels this position could be eliminated and have little impact on service. However, as drivers are directly related to service delivery, the continuation of the hiring freeze for Coyote Run drivers will continue to deteriorate the service levels. The next step in service constraints would be as follows - • Reduce service hours to 8:30 a.m. to 4:00 p.m. weekdays. All passengers needing to get to work would be unable to utilize Coyote Run • Limit vehicle deployment to 4 vehicles in maximum service. This would allow for 3 full-time and 2 part-time drivers • Begin informing Oro Valley residents that are ADA certified and live south of Tangerine Road that they are no longer eligible for Coyote Run. • Reduce service area to zones A - B • Changing Coyote Run service parameters permanently will require the Town to go through a public outreach process and public hearing. 12) The chart representing Coyote Run types and purpose of trips taken in FY 2007/08 were shown. 13) While the concept of implementing a special fare to take riders to public transit stops does provide passengers access to the circulator or other regional transit services, once the passenger has boarded the connective service, the passenger may not be able to get to their final destination when they disembark. This may be burdensome to seniors and makes Coyote Run's demand response service preferable. 14) The breakdown of FY 2008/09 Library personnel compared to FY 2009/10 Library personnel by program area was reviewed. 15) The library will eliminate $10,000 from the collection development budget. It will now be the lowest that it has been in the past 3 years. There will be fewer new items to circulate and delays in replacing the classics that are part of every library's collection and are used extensively for school work. The Library will continue to use funds raised by the Friends of the Library to supplement the collection budget. The Library is still recommending the reduction of one part- time Customer Service Representative and two part-time Pages. This is in an effort to make the Library operate lean without sacrificing its ability to operate fully. Human Resources Department is currently working to get the title changes for the Library aligned with those in Pima County. 16) The table illustrating the specific grants and other revenue sources tied to the Police Contingency/Reserve amounts were reviewed. After further discussion with the Chief of Police regarding the statutory requirements for tracking the expenditure of Impound Fee revenue, these funds will be removed from the General Fund budget and placed into a separate Impound Fee Fund to facilitate more accurate accounting for these funds. i7 04 20 09 Minutes, Council Special Session 5 tipp 17) Council direction was requested regarding the Police Department's alternate budget savings proposal totaling $479,809. Should this savings proposal be implemented in full regardless of whether the Town receives federal COPS grant funding, or only if the Town does not receive the COPS grant funding? Council direction was requested by staff. Mayor Loomis asked the Town Attorney and Chief of Police to prepare a motion for Council consideration Wednesday evening with the following wording "Budget savings would be identified and six positions would be identified" 18) Council direction was requested to begin preparation of the Tentative Budget recommended for adoption prior to the end of the fiscal year. Due to the potential staff layoffs recommended in the budget, the uncertainty of whether this will happen or not is having an impact on Town staff morale and productivity. The remaining regular Council meetings to adopt the Tentative Budget are May 20th, June 3rd and June 17th. 19) A separate Regional Transportation Authority (RTA) fund in fiscal year 2009/10 will be set up to budget for the possible receipt of $600,000 in funds for bus pull-outs. Action Item: Finance Director Stacey Lemos stated that RTA has allowed for reimbursement for Town staff time. Ms. Lemos will get the cost of this from RTA. Ms. Lemos reported on Follow-Up information from the April 8th Budget Review • Session - Item 1) Monies have been budgeted for construction management in the Capital section of the Water Utility's budget for FY 2009/10. These costs can be reallocated to Personnel in order to save the 2.5 full-time employees recommended for elimination totaling $130,423. Council Member Latas requested a copy of what was submitted to apply for the COPS Grant. 1. Reorganization of Development Services Assistant Town Manager Jerene Watson explained that in response to Council interest in possible cost savings due to the slow down in development services, staff has proposed a reorganization chart and a realignment of some of the positions by functional areas. Building Safety Department Building Safety Director Suzanne Smith reviewed the budget for Building Safety tiow and explained that departments within the Development Services area are 04 20 09 Minutes, Council Special Session 6 experiencing the effects of the downturn in the economy which is affecting the Town's pace of development and budget. While revenues generated from building permits are anticipated to be down from the current 2009 department budget for residential building permits, the positive news is that the commercial building permits are expected to be up 39%. Ventana Medical Systems, Inc. (VMSI) and several commercial developments are continuing to develop. VMSI is anticipated to bring in over $400,000 in building permit fees during the 2010 budget year and should continue at that pace over the next 5 years. Discussion followed regarding the overall reduction of 22% comprised of the potential elimination of 4 full time positions, reductions in operations and maintenance, administrative personnel costs, reassignment of the Building Safety Director to Development Services Director, reassignments in the Inspection area, cross-training of plans examiners and intake and permitting changes. Planning and Zoning Department Planning and Zoning Director Sarah More reviewed the Planning & Zoning recommended budget reflecting an overall reduction of 9.9% and included the potential reduction of three full time positions. Personnel cuts are 19.6% overall, 26% out of existing programs. She explained that there are no new general plan amendments and an estimate of only 5 new rezoning cases for next year. Planning & Zoning is still seeing commercial development, signage and architectural reviews, but plats and development submittals have gone down by 25%. The Planning & Zoning work plan has shifted Planning personnel into more advanced planning work, which means plan updates, zoning code amendments and special projects. Further discussion followed regarding the workload, quality of service, operations and maintenance, administration, planning and zoning divisions and the establishment of the Office of Conservation and Sustainability. Assistant Planning & Zoning Director Paul Popelka reviewed the impacts of the proposed "scrubbing" of the budget and reorganization - • Supporting Boards and Commissions • Zoning enforcement and public information response times • Assistant Director taking on more administrative duties • Historic preservation work will be taken on by a less experienced staff member • Arroyo Grande project may be accomplished by a consultant as Planning staff may not have the appropriate level of expertise or time for project oversight. This project is on hold with the State at this time 04 20 09 Minutes, Council Special Session 7 • Decreased current planning activity. Work Plan progress is variable and 11116, may be delayed, depending on amount of Planning staff time available for the work • Citizens Planning Institute, Neighborhood Clean Up, and Household Hazardous Materials programs will continue at the current level. Discussion followed regarding the Department of Energy Grant Federal Appropriation Contingency funds; zoning enforcement; zoning fines; maintaining the neighborhood clean-up program; proposed personnel reductions; retaining the senior office specialist position shared by the divisions; travel & training; hiring a consultant to conduct an energy audit; City of Tucson's Zoning Code has been decriminalized which provided for civil enforcement vs. Oro Valley's Zoning Code having criminal code enforcement; consider rewriting the enforcement provision of the Town's Zoning Code in the future; concern with assigning long term projects without adequate personnel resources. Council Member Abbott requested that staff show the original organizational chart and show which positions would be reclassified. Mayor Loomis recessed the meeting at 7:50 p.m. Meeting resumed at 7:55 p.m. c) Development Review (Public Works) tow Public Works Development Review Division Manager Paul Keesler reviewed the Development Review Division recommended budget and explained that the Division reviewed all public and private development projects within the Town for community fit, code compliance and safety related engineering issues. This division currently issues grading, right-of-way and floodplain use permits for all of the approved projects as well as supporting all permits issued by Building Safety. He explained that the budget reflected an overall reduction of 25.3% and included the reduction of two full time positions, reducing review staff by 40% and included a reorganization transfer of the remaining staff out of the Public Works Department to an Engineering Division within the proposed Development Services Department. Mr. Keesler reviewed the following impacts with the 4 proposed staff reduction - Longer Project Review Turnaround Time Decreased field presence for construction observation and inspection Increased workload on Public Works Storm Water staff Discussion followed concerning the impacts, review process, how the engineering division interrelates with the planners and town engineer; the town engineers and public works responsibilities vs. development review 4 responsibilities; the proposed reorganization and reduction in personnel. 4 04 20 09 Minutes, Council Special Session 8 MUNICIPAL OPERATIONS CENTER Finance Director Stacey Lemos and Building Safety Director Suzanne Smith reviewed the background of the Municipal Operations Center (MOC) project based on the 2001 Future Space Needs Report. She stated that the report included recommendations that the Town acquire additional land to accommodate a new joint use operations and maintenance center, administrative offices, and a police training facility. She noted that the current project description was reviewed and pros and cons of the following four construction options were discussed: Option 1 - Phased Facilities at Naranja Town Site Option 2 - Phased Facilities at current Rancho Vistoso Site Option 3 - Build the Facilities in One Phase at current Rancho Vistoso Site. Option 4 - Put the project on hold Staff recommended Option 2 and asked for confirmation of that recommendation. Discussion followed regarding that now is a good time to build phase 1 due to the state of the economy; keep the existing facility on Rancho Vistoso with just a minor expansion; concerns with using Naranja Town site because it is located next to a residential neighborhood; original goal was to get Public Works out of a residential neighborhood; need to re-evaluate facility needs; look at more revenue sources; need additional data; information provided is sufficient; may have to put project on hold; honor the commitment to neighbors surrounding this location to remove the industrial uses at Calle Concordia; land purchase was made for all the right reasons; 33 different land options were considered. Mayor Loomis asked that this item be brought back to the first Council meeting in May for action. Steam Pump Ranch Special Projects Coordinator Scott Nelson reviewed the Steam Pump Ranch budget stating that as a result of State budget cuts all heritage funds have been placed on hold. However, Congresswoman Giffords has stated that heritage funds may come back and federal stimulus money may be received. $283,085 is left in Pima County bond funds that could be used to stabilize the pump house. Mr. Nelson clarified that the federal stimulus money was tied back to existing grants and that the money can only be used for stabilization purposes. Honey Bee Village Mr. Nelson reviewed the Honey Bee Village Budget explaining that what is recommended in the conceptual plan is the completion of interpretative trails, signage, shaded areas and seating. He stated that the projected cost was $250,000 and was slated to go on a future County Bond Election Ballot. The 04 20 09 Minutes, Council Special Session 9 date of the election is yet to be determined and therefore, this project has been placed on hold. Mr. Nelson reported that when the Town received the tribal grant from the Tohono O'dham Nation, politics were different. He noted since that time, they have never awarded a grant as large as the one awarded for Honey Bee Village. He stated that gaming dollars were drastically down, therefore the funding for this type of development was no longer available, however, smaller grants were being awarded throughout the community. Further discussion followed regarding displaying artifacts, permanent housing for the artifacts, and if grant funds were not received, this would be a good use for contingency funds; keep an open mind for funding options. Action Item: Ask the Tohono O'dham Nation for two grants in the amount of $50,000 each for initiation of the interpretative trail. ADJOURNMENT MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Latas to adjourn the study session at 9:45 p.m. MOTION carried 7 - 0. Prepared by: 4110) Kathryn E. Cuvelier, CMC Town Clerk A DRAFT MINUTES ORO VALLEY TOWN COUNCIL TOWN COUNCIL STUDY/SPECIAL SESSION April 22, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Paula Abbott, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member 1. Tucson Regional Economic Opportunities, Inc. (TREO) Presentation and Discussion Economic Development Specialist Amanda Jacobs introduced Tucson Regional %No Economic Opportunities (TREO) President Joe Snell. Mr. Snell began his PowerPoint presentation stating that TREO's role was to create wealth for the region by targeting specific industries: • Biosciences • Aerospace and Defense • Solar • Transportation and Logistics He noted that TREO was working to close the wage gap. He stated that since 2005, TREO has had over $1B in economic impact with 32 successful projects. He also noted that for every $1 invested in TREO, $76 was returned to the community. He reviewed the issues of the unprecedented economic crisis: • The region is not immune to the recession as it had been in previous recessions • Arizona is facing one of the worst budget deficits in the United States • Results in elimination/scale back of economic development tools • Creates increased competition Mr. Snell introduced the Tucson Job One program; stating that the purpose of the program was to strengthen and diversify the employment base through: • Acceleration of Regional & National Marketing 04/22/2009 Minutes, Town Council Special Study Session 2 o Increased visibility of Tucson as a business hub through new branding campaign o Enticing California companies to the region o Site selector outreach - finding & placing companies in the region o Puerto Rico bioscience campaign -- to lure biotech companies to the region • Local Company Assistance o Employer driven job training program o Connectivity to programs and services o Promotion of job openings • Enhanced Tools to spur Job Creation o Mechanisms for high wage jobs o New company formation • Strong & Unified Voice o Protect/support education, infrastructure, economic development tools • Leverage Federal Stimulus o Align and position region for maximum benefit o Promote accountability o Tight regional coordination of infrastructure and energy related projects TREO Vice President David Welsh explained that: • Areas of Innovation Park will be listed as "shovel ready" o Currently TREO is actively marketing the area • TREO will continue efforts with Ventana Roche • TREO is planning a national conference for a specific bioscience niche Mr. Snell noted that the region was more reliant on construction than Michigan was on the auto industry. He stated that the production capacity the region once enjoyed will not return. He noted that TREO's request for funds was reduced by 10% in order to help with the budget. Council Member Abbott asked for TREO's support for education with the League of Cities and Towns. Mr. Snell stated that TREO strives to attract and retain talent to create a long term competitive environment. He noted that the recession however, required short term strategies. 2. **Results of survey conducted by Council Member Salette Latas regarding registered voters response to the budget Council Member Latas presented the results of a survey she conducted regarding the budget. She stated that she polled 2,000 registered voters in Oro Valley via email and received 400 responses. The results were as follows: • 13.6% were in favor of raising taxes or depleting savings to preserve jobs • 42.2% favored cutting spending at any cost; to include layoffs, if necessary 04/22/2009 Minutes, Town Council Special Study Session 3 • 30.2% favored laying off employees whose workload had diminished, but retain police officers even if it meant raising taxes or depleting savings • 14.1% specified other ideas She noted the margin of error was less than 5% for this poll. It was clarified that the poll was sent to anyone that had ever emailed her, that was a registered voter, whether they supported her or not. It was noted that the median age of the polltaker was 60. She reviewed the responses to suggestions for cost-saving or revenue generating measures that respondents found acceptable: OPTION PERCENTAGE1 'NUMBER 0 F,.....�. ..�; iRESPONDENTS t C i Eliminate the Oro Valley Vista ($.1M) 172.1% 287 Eliminate funding to outside agencies ($.5M) 64.1% '255 Use bed tax revenues for other uses ($.2M- 1 59.3 /0 236 $.5M) 'Turn library operations over to Pima County i0 :58.3/0 2321 ($.7M) ;Adopt 2% rental tax (sliM) 147.2% 188 ..,.,....,....m.,.,.M.r .:,.:...•,.,.,w•:MwM.:...M.,.,.•...::....,.,.,.,,.•..•..,.,,,,...»..:.r....,.Mv.....V,V,w...«,�..,•M:...•.A,•., kM,..w..,..,.,,.,..,.__,,.: ::.,,...,...:,,.,.h.•,..,,...,w....,,,•.,.:,,.:......,..,...::M.:.,.•..,,.....w:M..,.:„•w..«,.,.. .:... :..w..,w......,„,: ,.:,..,....,........,...,K....•,....H.,.:,.M..,.,..,.,...«...•Mr•:..,,.....:.,.,. ,,,,.:.,,.•.,.w....,,,.,.,•,..,.•,.•,,..... :Increase utility tax to 4% ($1.2M) 22.6% 90tua Increase retail sales tax by .25% ($1.2M) 30.4% f 121 !Levy a primary property tax of $0.34/$100 :20.6% 82 Assessed value ($1.7M) . k £ Adopt a 1% sales tax on food (groceries) 0 ($1.75M) 17.3 /0 29 Increase retail sales tax by .50% ($2.4M) 17.6% 70 Seek voter approval for 5% gas/electric 4 pp 17.3% 69 franchise fee ($2.4M) (Other 46% 183 6. **Discussion and possible staff direction regarding designating future study sessions of the Mayor and Council as Study/Special Sessions Mayor Loomis explained that the purpose of study sessions was to offer Council an informal forum to study issues, though formal action could not be taken. He explained that he would like to conduct special/study sessions in order to provide staff direction. He noted that the budget was at a point where it needed to start coming into focus so that action could be taken. MOTION: A motion was made by Council Member Gillaspie and seconded by ' ,, Vice Mayor Carter to table Item 6. 04/22/2009 Minutes, Town Council Special Study Session 4 The motion was withdrawn. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to move to Item 3: The Planning and Zoning Department requests feedback on Zoning Code guidance. (No vote taken) 3. The Planning and Zoning Department requests feedback and guidance on Zoning Code Section 25.1.A.4 (a-e) regarding the standards and requirements of outdoor storage and activities Assistant Planning and Zoning Director Paul Popelka reviewed the Outdoor Storage Ordinance noting that it applied to Commercial, Office and Industrial uses and was updated 2005 He stated that businesses expressed that the Code was restrictive and had a negative impact. He noted that the Code was difficult to enforce. Mr. Popelka reviewed slides of stores that displayed items outside of the store that created hazards as the merchandise impeded access to the store. He noted that it was an issue for enforcement and that retail businesses large and small took issue with this Code. He requested direction for enforcement of the Code. He stated that ADA access, aesthetics and the ability to accommodate businesses needed to be taken into account. Discussion noted the following: • The Town would lose potential sales taxes to other towns that allowed stores to display items in front of the store. • Businesses need to display the items so that they are accessible to buyers. Council Member Latas stated that she wanted to institute an Economic Development Commission to study and handle such issues. She noted that this would be discussed at a study session scheduled for May 13, 2009. It was requested that statistical analysis of the Town's customer base be conducted. Mr. Russell, Manager of Fry's Food and Drug noted that sales have dropped by taking furniture from the outdoor patio and placing the items on top of the freezers inside. It was noted that: • Any liability would be shouldered by the business owner not the Town • Prior to 2005, there were no restrictions regarding this issue It was recommended that the Zoning Code needed work, and that with an Economic Development Commission, the issue could be resolved in a way that would meet safety criteria as well as the needs of businesses. Mayor Loomis called for a recess at 7:13 p.m. The meeting resumed at 7:18 p.m. 04/22/2009 Minutes, Town Council Special Study Session 5 4. ** The Planning and Zoning Department and Economic Development request feedback and guidance on potential future amendments to the Oro Valley Zoning Code Revised Chapter 28, Signs, in response to changing marketing needs of businesses Assistant Planning and Zoning Director Paul Popelka introduced Planning Technician Jonathan Lew. Mr. Lew noted that the General Plan: • Restricted signage for identification • Provided information and direction with the least intrusive signage possible He also noted that the Oro Valley Zoning Code Revised (OVZCR) 28.9 prohibited A-Frame Signage to reduce the amount of visible clutter. He reviewed the issues with signage: • Community Issues o ADA access o Site visibility triangles o Safety o Clutter • Business Concerns o Lack of Identification o More Visibility Mr. Lew stated that enforcement encompassed: • Educating businesses • Posting violation notices over signs • Issuing citations He summarized the issue as being a matter of business needs versus intrusive signage. He stated that staff was seeking Council direction in reference to permanent signs, temporary signs and enforcement issues. Discussion noted the following: • Businesses inability to post signs to direct customers to their business was problematic • These issues should be addressed by the Development Review Board • To address this issue, numerous situations would need to be reviewed and addressed Mayor Loomis stated that the immediate issues involved temporary signs, A- frames and opportunities for businesses in the current economic climate. It was noted that: • It may be time to review and update the Sign Code • It was important to learn the needs of businesses and have public input. • The current code was enacted because the public wanted the least intrusive signage. 04/22/2009 Minutes, Town Council Special Study Session 6 7. ***Discussion and possible action on an alternative proposal regarding the police department budget Council Member Garner introduced the item noting that the second budget proposal made by the police department was still less than 2% of the overall operating budget of the police department. He urged that a larger decrease was warranted. He stated that he met with Oro Valley resident John Musolf who devised a new plan for recommended budget cuts: • Department transfers o Fleet maintenance to Public Transit ■ Budgeted amount $508,160 o Information technology to Information Technology ■ Budgeted amount $251 ,940 • Position transfers o Public Relations Officer to Town Manager's department ■ Budgeted amount $80,000 o Safety & Risk Manager to Town Manager's department ■ Budgeted amount $100,000 The following line items were recommended for cuts and requested that the amounts requested be justified in detail: • Operations and Maintenance o Memberships and Subscriptions o Travel and Training o Cut custodial supplies o Facilities Maintenance o Building Maintenance o Miscellaneous expenses o Telecommunications o Equipment Maintenance o Reduce by 25% ■ Non-Capitalized items ■ Outside Professional services ■ Field supplies o Business Continuity Plan - IT o Reduce planned overtime by 50% • Capital Expenditures o Oro Valley Marketplace sub-station building o Oro Valley Marketplace sub-station equipment o Minor Assets and equipment • Office Leases o Sun City o Oracle Crossings It was noted that the police department was the only department that had a line item for custodial supplies. 04/22/2009 Minutes, Town Council Special Study Session 7 Council Member Garner stated his concern that the current budget cuts eliminated only 1 .6% of expenditures when the police department's budget accounted for 50% of Town wide expenditures. He noted that the existing proposal would result in a reduction in force in the next fiscal year. He explained that this new proposal was a 16% cut to the police department's budget. Oro Valley Police Chief Danny Sharp explained that the Fleet Maintenance Technician completed many of his duties with the aid of volunteers. He noted that this position was responsible for cleaning up biohazard exposures. Town Manager David Andrews stated that with the addition of Plan B, the police department would be cutting $700,000. He noted that the chances of receiving the COPS grant were slim. He stated that if Plan B were implemented, the application would need to be withdrawn per the stipulations of the grant. Mr. Andrews explained that it was important to be aware that if programs were cut from any department, that positions would be cut as well. He stated that $700,000 equated to 5% and that more cuts would need to be made in order to save jobs. He noted that if a reduction in force were not implemented then Council would need to consider salary reductions, furloughs or reducing employee benefits. It was suggested that Council Member Garner, Chief Sharp, Finance Director Stacey Lemos, a representative of the Fraternal Order of Police and Mr. Musolf meet to address questions in the proposal. 5. **Discussion and possible staff direction regarding outstanding issues addressed in the Follow-up Memoranda from the Town Manager and Finance Director dated April 13, 2009 and April 20, 2009 Council Member Abbott objected to taking action on any of the issues under this item. MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Gillaspie to maintain the current level of public service by setting the fiscal year 09/10 police department budget as recommended by the Town Manager amended as outlined in the April 20, 2009 Memo Attachment B (attached) and direct Staff to withdraw the COPS grant. Council Member Latas requested to amend the motion; that if the motion is approved, to rescind the COPS grant. The motion was accepted as a friendly amendment. Council Member Abbott stressed her concerns regarding taking action tonight. Mayor Loomis clarified that it was a matter of providing direction to staff. Town Manager David Andrews noted that even with the motion, the police department's Operations and Maintenance budget could still be examined and 111 revised. • 04/22/2009 Minutes, Town Council Special Study Session 8 Mr. Andrews clarified the requirements for the tentative and final budget: • The tentative budget must be adopted by the third Monday in July per Arizona Revised Statutes • The final budget does not have any statutory requirement for adopting the final budget • Council may amend the budget by motion at any time during the fiscal year • The tentative budget adoption has been a public hearing in the past, though it was not a requirement • Public hearings have been part of the process for both the tentative and final budget processes Discussion noted that: • Upon adoption, the tentative budget will be published in the local newspaper and available on the Town's website for public viewing • Plan B froze the salary of the dispatcher and maintained the vacancy Vice Mayor Carter stated his opposition to the motion as it was too soon to act and there was not a clear resolution to the budget issue. Chief Sharp stated that members of his department were seeking employment elsewhere. He clarified that if officers that the Town has invested time and training in were lost now, the loss would be significant as the next Police Academy will not be held until July 2010. It was noted that reserve officers were not interested in working full time. Council Member Abbott made a friendly amendment to continue this item to Monday, April 27, 2009 to allow for public input. The amendment was not accepted. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to amend the motion to continue this item to Monday, April 27, 2009 to allow for public input at a special session MOTION carried, 4-3 with Mayor Loomis, Council Member Gillaspie, and Council Member Kunisch opposed. ORIGINAL MOTION carried, 6-1 with Council Member Kunisch opposed. 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LA CANADA DRIVE CALL TO ORDER - at 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Kenneth "KC" Carter, Vice Mayor Paula Abbott, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member 1. Discussion and possible action regarding increasing Summer Camp Program Fees Parks and Recreation Director Ainsley Legner presented the item. She stated that last summer the cost recovery of the summer program was 38%. She noted that due to Council direction received earlier in the year, the targeted cost recovery would be between 30% and 60%. She addressed Council's request for the cost recoveries of other jurisdictions: • Town of Marana - 22% • Town of Sahuarita -23% • Neither jurisdiction projected that the numbers would rise this summer. Ms. Legner recommended a 60% cost recovery rate for families per child per week and a 100% cost recovery for non-residents. It was noted that in a poll conducted by Council Member Latas, the majority of respondents were opposed to subsidizing day camp with tax money. It was stated that: • 175 - 200 children participated in the summer program each week. • Summer camp is a weekly program that is open for 8 weeks. • The demographics should be studied to determine the number of children that reside in the Town that take advantage of the program. • The registration fee is charged weekly. o Pays for every day operation • Before and after care programs and field trips are offered for additional fees. C, ♦ Online registration was implemented last year. 04 27 09 Minutes, Town Council Special/Study Session 2 • The software program can automatically cap the number of participants as needed. Council Member Kunisch requested a friendly amendment to include that Town employees, that are not residents, receive a 5% discount. MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to direct Staff to set fees at 60% recovery cost for residents and 100% recovery cost for non-residents with the exception for Town employees that are non-residents the rates would be set at a 95% cost recovery rate. MOTION carried, 6-1 with Council Member Abbott opposed. 2. Discussion and possible action regarding the Use of Take-Home Vehicles by Oro Valley Police Department Personnel Oro Valley Police Chief Danny Sharp presented an overview of the program. Discussion ensued regarding: • Reducing maintenance costs for public safety vehicles by reducing mileage and wear on vehicles that were taken to officers' residences. • "Beyond Call Policy" o Officers on mandatory call back • Property Identification • Public Information Officer • SWAT • Hostage negotiators • Traffic investigators • Detectives • K-9 officers • Task Force officers o Mandatory call back occurs on days the officers are on duty • Required to be available during the off duty hours o The benefit of taking home a vehicle: • Shortened response time • Officer can drive directly to the scene of the incident • Equipment needed is in the vehicle o Overtime is paid for time driven o On-call time is rotated • Minimum pay for Call Back is 2 hours Oro Valley resident Art Segal stated that Oro Valley was the only municipality of 13 polled that had unlimited mileage, no mileage limit exceptions and the eligibility for 68 vehicles to go home with personnel at the discretion of the Chief. He noted that 21 vehicles went home with officers that lived in the Town whereas 27 vehicles were taken outside Town limits. 04 27 09 Minutes, Town Council Special/Study Session 3 Oro Valley resident Richard Tracy stated that taking Police vehicles home was a sensitive issue. He stated that the item was brought forward in retaliation to the Fraternal Order of Police's (FOP) comments toward certain council members. He noted that because not all communities have this policy, does not mean that Oro Valley should not. MOTION: A motion was made by Vice Mayor Carter to abandon the program by May 1 , 2009. Motion failed due to lack of second. MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to discontinue take home vehicles for all employees that reside greater than twenty miles from their regular work site with the exception of the K-9 vehicles. Council Member Abbott voiced her opposition to the motion stating that there were valid reasons for the take home vehicle program. Council Member Kunisch stated that he would not support the motion as the decision should be left to the department. He noted that K-9 officers took the dogs home with them and some lived beyond the twenty mile limit. Council Member Latas accepted a friendly amendment to exclude K-9 teams from the motion. Council Members expressed concerns with the motion due to the possible impacts to service. Chief Sharp stated that an analysis would need to be conducted to determine how and which services would be impacted. Council Member Latas stated her concern to save the Dispatcher position as it also impacted service. A roll call vote was requested: Council Member Garner - Aye Council Member Kunisch - No Vice Mayor Carter - No Mayor Loomis - No Council Member Latas - Aye Council Member Abbott - No Council Member Gillaspie Aye MOTION failed, 3-4 with Mayor Loomis, Vice Mayor Carter, Council Member Abbott, and Council Member Kunisch opposed. Council Member Garner requested that Chief Sharp explore other opportunities to return to Council with a recommendation that examined cost savings and reduced the number of vehicles leaving Town limits at a future session. The request was seconded by Council Member Latas. 3. Discussion and possible action on alternative budget proposals regarding for the Oro Valley Police Department's FY 2009-2010 Budget 04 27 09 Minutes, Town Council Special/Study Session 4 Town Manager David Andrews reviewed items that had been continued from the April 22, 2009 study session. Council Member Garner stated that the most significant savings were due to transferring duplicate costs out of the police department. He noted that it resulted in a cumulative savings of 14%. Finance Director Stacey Lemos reviewed the Recommended Budget Savings memo. She noted that each area was addressed with a zero based budgeting approach and requested justification from the police department for each item: ♦ No further cuts were identified to reduce the budget of $373,000 allotted for the Oro Valley Marketplace Substation. ♦ The current year Capital Improvement Program (CIP) funds had been spent. ♦ The budget for Minor Assets and Equipment was cut by $17,500 for the coming year. o Seizure funds were suggested to purchase items in this category ♦ Office Lease savings at the Rancho Vistoso and Washington Mutual locations have not yet been identified. o One lease has been re-negotiated and will result in a cost savings in the coming year o The second lease will be due for re-negotiation soon. ♦ Cost Transfers were noted as Full Program Transfers o The transfers were recommended to reduce and consolidate duplicate functions. o Total department transfer of Fleet Maintenance to Public Transit ■ Police department budget - $506,138 ■ The creation of a Fleet Maintenance fund in the budget will be considered and would encompass all Town vehicles o Total department transfer of Information Technology to the Town's Information Technology department ■ Police department budget - $251,940 o Position transfer of the Public Information Officer to the Communication's office in the Town Manager's department ■ Police department budget - $80,000 o Position transfer of Safety and Risk Manager to the Human Resources department ■ Police department budget - $100,000 o Transfer of Custody of Prisoners to the Magistrate Court ■ Police department budget - $180,000 o The total cost savings for recommended cost transfers equated to $1 ,118,078. Operations and Maintenance: ♦ The Memberships and Subscriptions line item was recommended for a 50% reduction. 04 27 09 Minutes, Town Council Special/Study Session 5 o 50% of the cost in this category would be shifted to Human Resources as $6,785 was allotted for the Safety and Risk Manager. ♦ The budget of $4,200 for Custodial Supplies was moved to the Custodial and Facilities Maintenance department. ♦ Non Capitalized equipment was reduced by 25% for a savings of $27,099. o Seizure funds may be used to subsidize this category ♦ Outside Professional Services was reduced by 25% for a savings of $10,784. o This item was part of the IT Business Continuity plan and was shifted to the IT department. Records department salaries and benefits: ♦ Transferred to Impound fund o Due to legalities, an Impound fee fund was created. o The Records staff managed the impound fees. o The staff's salaries and benefits would be subsidized from this fund. ■ $100,000 would be shifted from the police department budget to this fund. Ms. Lemos noted that the true budgetary savings equated to $166,368. She stated that the cost transfers to other departments equated to $1 ,118,078 making the total reduction from the police department budget, $1,284,446. She noted that the Dispatcher position was added to the budget in the amount of $54,396 which brought the total savings down to $1,230,050. Ms. Lemos reviewed the timeline of the various police department budget proposals made to date. It was noted that 12 hours per week in overtime would be saved if the Dispatcher position was opened for employment. Mayor Loomis opened the floor for public comment. It was noted that per Arizona Revised Statutes, the administrative fee charged for the release of an impounded vehicle must be used in furtherance of the statute. Chief Sharp explained that the records personnel that handled those revenues were eligible to be funded by those fees. He stated that currently, $40,000 is projected for the fund by the end of this fiscal year and an additional $60,000 in the coming year. Oro Valley resident Richard Tracy stated his opposition to Mr. Musolfs part in the budget process. He stated that Council should have voted to approve or deny his participation. Oro Valley resident Joe Hornat stated that accountants should not make the decisions as to what should and should not be cut. He noted that there were other factors involved that should be considered when making reductions. 04 27 09 Minutes, Town Council Special/Study Session 6 Oro Valley resident Zev Cywan stated that he that by including Mr. Musolf in the process, the citizen element was brought in to collaborate and that it was a good thing. Non-resident Officer Kevin Peterson stated that he reviewed the caliber of the officers listed for layoffs. He noted that he was one of them. He stated that the Oro Valley Police Department was second to none. He stressed that the quality of the officers could not be replaced. Oro Valley resident Dr. Kimberly Morris stated that she was a psychologist in a local elementary school and her husband was one of the six officers in the recommended layoffs. She stated that any layoffs in Oro Valley would be bad for the Town. She stated that the long term effects would be an increase in crime and that Oro Valley would gain a reputation as the place officers would not want to work. Non-resident Chris Palic commended Council for their efforts to keep police officers employed. Oro Valley resident Bob Milkey urged Council to make a decision. He stated that damage has been done to the relationship between the Town and the employees. He noted that not all decisions should be made from an accounting perspective. Oro Valley resident Bill Adler stated that safety was an absolute and that by examining the budget in this manner, to save $166,000 could result in unfortunate compromises. He recommended that the Police department be removed from the General fund and a special assessment should be enacted to fund the department. Oro Valley resident Art Segal stated that it was due to the efforts of Mr. Musolf that the six officers' positions were saved. He noted that anyone who sought to help save jobs should be commended. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt that the Oro Valley Police department budget alternative cumulative as presented thereby eliminating a reduction of force of Oro Valley police officers and dispatcher, this motion provides no prohibition from Council actions to reduce expenditures from other areas of the budget or expand revenue sources as deemed appropriate by Council action and that concurrent with this motion, the Town of Oro Valley withdraw the COPS grant. MOTION carried, 7-0. ADJOURNMENT MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Garner adjourn the Special session at 7:28 p.m. MOTION carried, 7-0. 04 27 09 Minutes, Town Council Special/Study Session 7 BUDGET STUDY SESSION CALL TO ORDER - at 7:36 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Kenneth "KC" Carter, Vice Mayor Paula Abbott, Council Member Bill Garner, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Salette Latas, Council Member 1 . Administrative Departments proposed budgets g) Economic Development Economic Development Specialist Amanda Jacobs presented the recommended budget for Economic Development. She stated that the division provided services such as: ♦ Coordination of project teams ♦ Business attraction ♦ Business retention She noted that the budget reflected an overall reduction of 58% and included the reduction of the Economic Development Administrator. ♦ The Economic Development Specialist has been managing all facets of the division. The duties included: o Overall administration o Budget o Monthly reports o Website o Business attraction o Business retention o Shop Oro Valley campaign o Business Navigator o Economic Development video o Marketing brochures o Maintaining relationships ■ Arizona Association for Economic Development ■ Northern Pima County Chamber of Commerce (NPCCC) ■ Tucson Regional Economic Opportunities (TREO) o Facilitating all of the large commercial project teams. ■ Steam Pump Village ■ Oro Valley Marketplace ■ Venture West yap- • Ventana Medical Systems 04 27 09 Minutes, Town Council Special/Study Session 8 She reviewed the following line items: • Decrease in telecommunications due to the potential elimination of the Economic Development Administrator • Postage would decrease as the "Shop Oro Valley" campaign would draw to a close in November. • Printing and binding will increase due to: o Letterhead o Retention and site visit requests o Annual Business Navigator letter • Travel and training would decrease due to the potential elimination of Economic Development Agreements • Memberships costs will increase due to the lack of a Financial Participation Agreement with the NPCCC • Office supplies and miscellaneous will remain flat. Discussion ensued regarding: • Mandatory memberships o International Economic Development Council. ■ Ms. Jacobs will soon achieve certification as an Economic Developer • The Town is currently a member of Arizona Bio Industry Association • Arizona Association for Economic Development o May hold the Governor's Rural Development convention in Oro Valley in 2010 Ms. Jacobs presented the Bed Tax fund. • The Bed Tax is 6% o 2% is rebated to the Hilton El Conquistador o 2% is designated to support the Naranja Town Site (NTS) o 2% for Economic Development marketing has been proposed for allocation to the General Fund. Ms. Jacobs noted that the funds earmarked for the NTS and a portion of the amount allocated for marketing would be placed in the General fund. She noted that the total expenditures for fiscal year 2010 were $438,000: • $282,000 rebated to the Hilton El Conquistador • $60,000 for marketing • $25,000 for C-Path • $50,000 for TREO Discussion clarified that $120,000 that had been set aside for the Metropolitan Tucson Convention and Visitors Bureau's reserve for tourism. a) Information Technology 04 27 09 Minutes, Town Council Special/Study Session 9 Information Technology (IT) Director Kevin Verville gave an overview of the IT department's budget: • IT recommended budget is $921,000 - 3% of the General Fund o 14.2% reduction from the current fiscal year due to the following reductions: • Capital expenditures • Travel and training • Operations and maintenance • Potential staffing reductions • The IT department is comprised of five divisions: o Administration • All Operations and Maintenance levels remain flat in the coming fiscal year with the exception of: • Decrease of 19% in Travel and Training • 24% increase in Software maintenance and licensing o Increased costs for Munis and Permits Plus systems o New maintenance cost for the new website content management system and security and badge systems o Geographical Information Systems (GIS) • Budget reduced by 28% • Reduction in travel and training • Reduced cost in printing supplies • Staffing reduction - GIS Technician • Loss of GIS Technician results in the GIS Analyst fulfilling the duties for the position • Would be unable to work on larger and long term projects • Delays in filing mapping requests and analysis • Reduced representation in regional GIS projects • Delays in downloading data from Pima County • Delays in developing Geo database back up routines • Delays in Zoning and General Plan layers • Reduction in time to properly conduct database maintenance • Projects that could be delayed: • Storm Water Sign and street maintenance mapping • Automated notice mailings for Planning and Zoning • Business Navigator upgrade and enhancement • Police department Crime Analysis program integration • Integration with Public Works AutoCAD users • Enhanced online interactive mapping program • $10,000 increase in GIS software maintenance and licensing due to the purchase of a site license for GIS software garawareawswir 04 27 09 Minutes, Town Council Special/Study Session 10 • The license permits the Town to use unlimited GIS licenses • The price is fixed for 3 years • The Town has saved $50,000 in licensing fees in this fiscal year by negating the purchase of additional licenses. o Technical services ■ Budget reduced by 10.8% due to the reduction of equipment repair and maintenance. ■ Reduction in outside professional services for a Network Security Consultant and security testing and auditing • Currently IT staff does not have this level of expertise o Business applications and development program has been reduced 32% ♦ Telecommunications budget has been reduced 7.5% due to renegotiating contracts with the vendor Discussion ensued regarding: ♦ There would be an additional employee reporting to IT with the transfer from the police department. • IT is not scheduled to receive any Capital Asset Replacement Funding (CARF) o Computers and servers would not be replaced. o This will set IT behind by one year on the replenishment schedule ♦ Researching online training as an alternative to site training .X ♦ Travel and training under Technical services increased 80% due to the allocation of funds moving from Administration to Technical services Mayor Loomis commented that funds were still needed to cover the GIS Specialist position. He asked Mr. Verville to review the budget for recurring funds for the position. b) Human Resources Human Resources Director Sandra Abbey presented the budget for her department. She noted an overall reduction of 22.3%. • Operations & Maintenance - $11 ,995 impacted the Human Resources department only o The remaining $84,000 encompassed Town wide programs. Ms. Abbey noted that decreases made to the O&M budget impacted the Human Resources department only. She explained the Administrative functions: ♦ The HR Analyst is developing an internal training program • 1 Director and 1 Human Resources Technician (this position would move to recruitment and employment - eliminating the HR Analyst position) ♦ Office supplies, printing and postage were budgeted in Administration 04 27 09 Minutes, Town Council Special/Study Session 11 Ms. Abbey noted that there would be a need for temporary assistance in July and August during the benefit enrollment period. Additionally, she stated that a representative from Munis software would be needed to prepare for and train Human Resources personnel to utilize the online enrollment module for open enrollment. She noted that the employee self service aspect for this enrollment period would save staff time. She continued: • O&M expenditures specific to HR have been reduced town wide programs • Non-capitalized equipment and telecommunications equipment have not been budgeted • Elimination of the Town wide holiday party in the amount of $6,000 • Elimination of Employee Tuition reimbursement program in the amount of $28,000 o Would require a policy change o There has been an increase in the number of employees participating in this program • Budget reduction in this division is 15% She reviewed the Recruitment and Employment division: • Personnel cost reduction of 43.5% • Departments with hiring needs would need to participate more in the recruitment procedure 4111w • Recruitment advertising budget would be decreased 40% • $675 in O&M to maintain one national membership in an HR association and one local training program • The overall reduction is 45.7% She reviewed the Benefits and Safety division: • O&M budget includes $15,000 for employee awards: o Years of Service awards o Gold Star nomination program o On-the-Spot recognition awards She stated that the reductions would result in: • Lengthier response time for walk in services - appointments would be necessary • Some of the hiring activities would need to be absorbed by the hiring department • Updating the classification program would be put on hold or reduced in scope due to lack of staff. Ms. Abbey noted that the Town will realize cost savings of $60,000 due to the new contract with a benefits consulting firm. She stated that additionally, the Town could expect to receive competitive bids for medical insurance. Discussion noted the following: 04 27 09 Minutes, Town Council Special/Study Session 12 • The Human Resources Technician coordinated the Workers' Compensation program with the Safety and Risk Manager. • The Human Resources Analyst has many professional years of experience o Oversees recruitment and special projects o In the process of developing a new training program • Market adjustments have been conducted by the Director with assistance from the Human Resources Technician. • The savings for switching health insurance brokers is approximately $50- 60,000 o Ms. Abbey will return to Council with the cost savings realized from competitive bids from insurance carriers. It was requested that staff inquire whether the insurance company would aid in managing data entry during open enrollment. c) Finance Finance Director Stacey Lemos stated that in the proposed budget reflected an overall reduction of 7% and the potential reduction of the Senior Office Specialist. She noted that 14% of the budget was Operations and Maintenance while 86% was allotted for personnel. She stated that the department was comprised of 4 divisions: • Administration which included the Director, and the Senior Office Specialist o 31 .2% decrease due to: • Personnel reduction • Outside professional services for onsite training and assistance with the Munis ERP software system • Travel and training • Accounting division includes the Accounting Supervisor, Sr. Accountant, Payroll Specialist and Accounting Clerk o Expenditures remain flat • Budgeting division includes the Budget Management Analyst and the Financial Analyst o 5% increase in expenditures o Proposed reclassification o One employee that changed health coverage plans during the year • Procurement division includes the Procurement Administrator o .6% decrease due to cuts to postage, travel and training and office supplies Ms. Lemos stated that the duties performed by the Senior Office Specialist would need to be absorbed by the department. She stated that the impact due to reduced staff levels would be: • Responding to and processing insurance claims • Recording secretary to the Finance and Bond Commission and the Capital Improvement Program Technical Advisory Committees 04 27 09 Minutes, Town Council Special/Study Session 13 ♦ Processing daily deposits ♦ Ordering office supplies ♦ Compilation of annual budget document ♦ Providing overall support for the Finance department Ms. Lemos presented justification for the Budget Coordinator reclassification. The salary would result in a 5% increase equivalent to $3,500. She noted that the position has grown to incorporate: ♦ Developing department performance measures along with management ♦ Participation in more public venues regarding budget and financial matters. It was noted that the Outside Professional Services increased due to two contract services: ♦ Auditors - Heinfeld and Meech - $34,000 ♦ Contract auditors for Sales Tax Audit program - $48,000 o Budgeted to receive $100,000 in revenue as a result of the audit in FY 09/10 ■ Revenue expectations are lower as a result of: • An unusually high amount retrieved from one company • Decline in construction d) Town Manager Town Manager David Andrews proposed a 12.5% or $120,532 reduction for the Town Manager's department. He listed the 3 divisions in his department as Administration, Constituent Services and Community Relations. He stated that it was recommended that the Constituent Services Coordinator position be eliminated. He reviewed the recommended reductions to his budget: ♦ Travel 35% = <$4,700> ♦ Oro Valley Vista would be release bi-monthly for a savings of $38,000 ♦ Impacts as a result of the elimination of the Constituent Services Coordinator position: o Reduced service levels o Reduced response time to citizens' concerns o Hosted homeowners association forums o Coordinated Council on your Corner o Facilitated neighborhood meetings Discussion noted the following: ♦ The Oro Valley Vista could continue online only and save money o Some market penetration would be lost. o The printing budgets of Parks and Recreation, Library and the Water Utility were combined to afford the printing cost. ♦ The Constituent Services Coordinator position is an important position. 04 27 09 Minutes, Town Council Special/Study Session 14 e) General Administration & Debt Service Finance Director Stacey Lemos stated that the General Administration department budget comprised 11 .8% of the General Fund budget. She stated that the proposed budget reflected a reduction of 33.7%. She stated that this fund accounted for the following: • Utility expenses • General liability insurance • Community funding to outside agencies • Sales tax rebates • Subsidy transfers to other funds for operations and debt service payments Ms. Lemos discussed the various expenditures: • Outside professional services was budgeted for $65,000 which included: o $10,000 for animal control services feasibility study o $25,000 for intergovernmental relations and travel reimbursement o $10,000 local management leadership training opportunities o $20,000 for a Naranja Town site survey • Insurance - $200,000 was reduced due to increases deductible amounts • Town maintained $2M in base coverage plus $10M in excess umbrella coverage • Annexation expenses reduced $200,000 to cover legal costs associated with the Arroyo Grande State Land annexation • Funding Outside Sources has been reduced to $164,130 • Sales tax rebates reduced to $1 .1M o $360,000 Construction tax rebate to Sanofi Aventis eliminated o Rebates being held in a separate interest earning account while awaiting the judgment of Turken vs. Gordon • Equipment budgeted at $230,000 • $130,000 allocated for Capital Improvement Program needs • Transfer of $322,000 to the Public Transit Fund for Coyote Run Transit services • Transfer to debt service funds of $936,000 was reduced from $1.8M due to the elimination of the new debt service payment for the Rancho Vistoso Municipal Office Complex • Transfer of $60,000 budgeted to the Capital projects fund for maintenance of Steam Pump Ranch Discussion ensued regarding: • The importance of the animal control study o The potential revenue that could be generated, should the Town assume management of animal control, from licensing fees. • Research conducting the Naranja Town site survey online at a reduced cost. • The animal control survey would be funded from cash reserves. • $25,000 designated under intergovernmental relations was to be used to hire a lobbyist f 04 27 09 Minutes, Town Council Special/Study Session 15 • The Town's new website has polling capabilities • $100,000 was set aside as an emergency fund for capital improvements o A number of CIP requests have been deferred to the next fiscalY ear • IT has allotted $22,800 for equipment repair and maintenance for printers, computers and minor items. • The insurance pool provides coverage for cars accidents and seeking reimbursement for damages from other drivers • Travel restrictions have been identified for out of state travel. • The animal control survey could be done for $10,000 o Pima County collects $50,000 in licensing fees for Oro Valley. ■ Collection of these fees could be managed without building a shelter. f) Town Clerk h) Town Council i) Legal ADJOURNMENT MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to adjourn the meeting at 9:29 p.m. and continue the remaining items f, h and i to the April 29, 2009 Study session. 411, MOTION carried, 7-0. Prepared by: Christina Pickering Senior Office Specialist DRAFT MINUTES ORO VALLEY TOWN COUNCIL TOWN COUNCIL STUDY SESSION APRIL 29, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE CALL TO ORDER - 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor K.C. Carter, Vice Mayor Paula Abbott, Council Member (attended via phone) Bill Garner, Council Member Barry Gillaspie, Council Member (arrived at 5:45 pm) Al Kunisch, Council Member Salette Latas, Council Member 1. Discussion regarding creating a Town Signature Community Event Communications Administrator Mary Davis explained that at the request of Council Member Garner, staff conducted research on signature community events both in the Tucson metropolitan region as well as throughout the State of Arizona. She noted that these events often become the trademark of the community and draw participants from around the State as well as the region and country. She stated that these events produce gains for the municipality's economy, build on existing economic development activities and often create a "sense of place" in the community. She then explained that staff is recommending a public participation process in order to get citizen input on the types of events that they would support. Ms. Davis further explained that staff has recommended key stakeholders, provided expectations and key questions to be addressed and projected a timeline for consideration by Council. DISCUSSION: - Hold an annual community event at Steam Pump Ranch. The more people that attend events at this site, the more community support the Town would get for restoration. - Caution against spending a lot of money on a public participation process but work towards getting as much input as possible. (Town would run public participation process). - Feel strongly that the Town needs such an event. A lot of revenue could be generated. Signature events would put the Town on the map. Get all people involved and solicit all ideas. Majority of signature events seem to be sponsored by Chambers of Commerce and other groups rather than cities/towns. How many signature events are run by the cities? (Mix of entities that sponsor. Many times events are started by the municipality and then handed off. Effort and work is done by other organizations). 04/29/09 Minutes, Council Study Session 2 - Nice to have such events but question whether the Town has the resources available due to budget concerns. - This item could be charged to the Economic Development Commission if one is formed. Great resource to reach out to the business community. - Decisions will not be made in the near future as it will take a lot of planning and thought. A signature event would put the Town in a unique light. Not looking at the Town as the sole source of funding; coordinate with other agencies. - Staff to research funding amounts expended by other jurisdictions for their signature events. - Holiday Parade, July 4th events- perfect time to have elected officials come to Town. (Possibly coordinate Holiday Parade with tree lighting ceremony). Explore ideas in making these events larger. - Are we looking at enhancing existing events or creating a signature event? - Events in the cooler months seem to have the greatest draw. Larger number of tourists in the winter months in Arizona. Council Member Abbott commented that she was looking into an event that would have a regional and statewide draw. She stated that Oro Valley would be a perfect place for the event and she would like to present her ideas to the Council in the near future when she has gotten more details. Mayor Loomis opened the floor for public comment. Bob Schumann, Sonoran Desert Flyers and an Oro Valley resident, commented regarding signature events in the Town and stated that there are wonderful programs put on by the Oro Valley Public Library, Parks and Recreation and the Explorers. He noted that there were concerns expressed at a meeting he attended about drugs in schools and he felt that the Town needed to have programs that allow parents to interact with their children. 2. Gray Water, Rainwater Harvesting and Solar Photovoltaic (PV) & Heating Requirements Bayer Vella, Principal Planner, reviewed the status of town planning and regional efforts regarding gray water, rainwater harvesting and solar photovoltaic (PV) and heating requirements. He also pointed out that the Town's Building Safety and Water Utility departments have been proactive in these areas and have established Town Codes and Building Codes to facilitate the implementation of these efforts. Further, the Town's General Plan addresses the promotion of gray water, rainwater harvesting and solar PV and heating efforts. - GRAY WATER ("..wastewater, collected separately from your sewer flow that originates from a clothes washer, bathtub, shower or sink, but not from a kitchen, sink or toilet"). - Per capita basis - could save approximately 13,000 gallons of drinking water per year by using gray water systems (family of four uses up to 50,000 gallons). - Town's General Policy 12.3.1 addresses water conservation through a variety of techniques such as: Adopting building codes and providing incentives for water conserving plumbing such as gray water systems. 04/29/09 Minutes, Council Study Session 3 - City of Tucson has required that waste plumbing be installed in new homes to allow future homeowners to decide whether they want to install the full system. They also require a separate discharge for washing machine gray water which could be connected to in the future. - Must meet Arizona Department of Environmental Quality (ADEQ) requirements. BENEFITS AND COSTS: - Water savings - New home marketing - Intensive cost to retrofit system (Cost per new home for plumbing set up is approximately $150-$300 vs. $10,000-$25,000 to retrofit). - Best accomplished in tandem with landscape design - Opportunity for future homeowners Mr. Vella stated that staff is seeking input from Council on whether they should proceed with development of an ordinance to address gray water (should staff build on the City of Tucson's ordinance or should the Town assemble its own stakeholder team to develop an ordinance)? DISCUSSION: - Dishwasher water (is not acceptable for gray water discharge) - Swimming pool water - (if chlorine content is low, you can re-use. Can not drain pools into sewer). - How many Tucson homes have installed complete graywater system? (City of Tucson has just started implementing requirements; there are no results as of yet). - Can not retrofit homes with post tension cables. - Can not allow gray water to run onto other properties (must address lot sizes). - Staff should meet with Pima County Wastewater to ensure there would not be sewer problems if gray water were diverted. - Questions to ask: Do we believe in water conservation? Are we going to have enough water in 100 years? - Now that the City of Tucson has established codes regarding graywater, the Town of Oro Valley should move forward and try to implement by 2010. - Tucson's ordinance only addresses single family and duplex residences. If Council directs staff to move forward, they will explore multi-family residences with regard to graywater. - Form a Sustainability Commission. Provide a good forum for review and public comment. RAINWATER HARVESTING - Has longer return on investment. - Incorporate micro-basins, landscaped swales, cisterns, etc. to retain rainwater. - Planning and Zoning Work Plan - Code is being reworked to address rainwater harvesting and water conservation. - Annual irrigation water conservation solutions: plant types, comprehensive IIP water plan, irrigation system requirements and methods, water harvesting. 04/29/09 Minutes, Council Study Session 4 BENEFITS AND COSTS: - Reduced water costs - Reduced maintenance - Costs are associated with additional design and construction costs, hardware installation, maintenance. DISCUSSION: - Water evaporation from swimming pools. Address community swimming pools in subdivisions verses single family home pools. (If Sustainability Commission is formed they could address this issue). - Landscape Code - address smart controllers and better buffers between commercial/residential properties. - Expect a 50% reduction of landscape water demand of future commercial and residential common areas. How are we going to enforce/monitor for compliance? Commercial aspect could work but private homes may be more complicated. - Tucson ordinance addresses water harvesting for commercial uses and the gray water use for residences. Should encourage water harvesting by developers. - Draft Code requires separate metering or sub-metering for commercial and residential common areas. - Oro Valley Marketplace has utilized water harvesting. - Hot water on demand - some homes have circulation pumps (addressed in the Building Code). - Research methods to control water drainage roofs. - Wildlife Ridge Park utilizes water retention area (a grassy area that fills up when it rains and provides a recreation area when dry). Possibly utilize for commercial purposes and get away from use of concrete. Mayor Loomis recessed the meeting at 7:02 p.m. The meeting resumed at 7:07 p.m. SOLAR PHOTOVOLTAIC (PV) AND HEATING- - Includes solar panels for generation of electricity and solar hot water systems. - City of Tucson now requires that all new residences be solar ready for electric (PV) and hot water. Three options are provided: Full solar hot water system (approximately $3,000); Conduit with stub out for later installation of a solar hot water system (less than $100): or Insulated plumbing from water heater to roof (less than $100) (items are eligible for rebates). - City of Tucson working on implementation requirements for solar PV. BENEFITS AND COSTS: - Costs are inexpensive and rebates are available. - Energy savings realized. - New home marketing. DISCUSSION: - Solar hot water provides quick return on investment. Realize cost savings up front if pre-plumbed for the solar hot water. - Look at all sides regarding solar as there are other opportunities besides solar 04/29/09 Minutes, Council Study Session 5 water heaters. - Move forward and support what Tucson is doing. - Congresswoman Giffords' staff will be providing a "Solar 101" class at the Oro Valley Public Library at 6:00 on Monday, May 4th. 3. Administrative Budget review (continued from April 27, 2009): a) Debt Service Funds Finance Director Stacey Lemos reviewed the Town's debt service funds: - Municipal Debt Service Fund - allocates monies for principal and interest payment on past issuance of Excise Tax Bonds that were issued for acquisition of land and construction of buildings to support Town services. Repayment of this debt is by excise sales tax, state shared revenues and other permit and fee revenues. - Oracle Road Improvement District Fund - allocates monies for principal and interest payments for the issuance of the 2005 Improvement District Bonds issued to finance the widening of Oracle Road along the Rooney Ranch development. Bonds are repaid by assessments levied on the property owners in the improvement district. b) Town Clerk Town Clerk Kathryn Cuvelier reviewed the Town Clerk's 2009/2010 department budget in the amount of $528,435 which reflects expenditures for the 2010 Council Primary and General elections. No issues were raised. c) Legal Town Attorney Tobin Rosen reviewed the 2009/2010 Legal Department (Civil and Prosecution) budget in the amount of $926,368. He noted that the budgeted amount reflects the elimination of one full time civil attorney. He further explained that due to the hiring freeze, they are also down an Office Assistant position due to a medical retirement. (This position remains in the Legal Department's budget). He requested permission to fill this position as soon as circumstances permit. Discussion: - Training - Town must provide training for staff to perform their jobs. - Outside professional services - Need these services to handle major litigation that is beyond the Legal Department's ability to handle. 4 - Cut budgeted amount to $36,000. If necessary, fund additional expenditures out of the contingency fund. - Look at historical expenditures for outside professional services and bring to Council (get an accurate number for recurring expenditures). - Office Assistant position - ability to fill position from an internal applicant that may lose their position due to the proposed reduction in force. 04/29/09 Minutes, Council Study Session 6 d) Town Council Town Manager David Andrews reviewed the Town Council budget explaining that it reflected a slight increase over last year's budget due to an increase in memberships and subscriptions. Discussion: - Possibly provide an additional $200 monthly car allowance instead of tracking mileage. - Possibly allow unspent Travel/Training allowances to be rolled over into next year. - Car reimbursement should come out of the $5000 Travel/Training budget allocated for each Council member. Make it optional as to whether the Council takes the monthly reimbursement or tracks mileage. - Put Council retreat on hold this year and save the budgeted $10,000. - Annual retreat provides value - team building, work on goals and ways to work together for the betterment of the community. - Try to reduce costs. Look at last five years of retreat costs and revisit this item. - Pima College and YMCA have offered their facilities - could reduce facility and food costs. - Volunteer Recognition Dinner budgeted at $18,000 - review past five years and try to reduce cost. - Provide cumulative total for Council travel over the past 10 years. Council should setg ood example, reduce travel and training as expected of staff. - Majorexpense in the past has been the Arizona League of Cities and Towns Conference. 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I I i co Ef} Efj Eft Ef} Ef3 U co I - �, o x ' o N ‘-- N N ,- N F M M M CU O N 00 0, N CU aj N cD Q _ ,-- ,- C ,- ti d I = c� O) CD L) Ln I b' I Q w a� I s C ▪ CO ',- CO r- ", 0) 0) 0) Ln Lf) v) # Q r N N N j i En- El) En- E i- Eft i .1.- cc , c O s ! pp 4, i i !" Cl) N CD O L) y N > a) N N Q x CD r" C L L L 0 C = cm W W � - = C = :° v1) u) 0 0 0 X LU p W o 0 0 0 + o c� o Ln W o 0 0 0 0 O +' (1) (1) 000 EQ ❑ ❑ ❑ p Q +�.+ ❑ 0 0 000 CD 0v o o o e, F- F- F- 0 1-- cC a E-- Cl. a } >- >- 2 0 1— >- L.L. TOWN OF ORO VALLEY rOUNCIL COMMUNICATION MEETING DATE: JUNE 3,2009 TO: HONORABLE MAYOR AND COUNCIL FROM: DANIEL G. SHARP,CHIEF OF POLICE SUBJECT: RESOLUTION(R)09- 26 APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC)AND THE TOWN OF ORO VALLEY,ALLOWING FOR TWO (2) OFFICERS TO BE ASSIGNED TO THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA). SUMMARY: Request is being made to enter into an Agreement(HIDTA Cycle 19—HT-19-09-1712)between the Arizona Criminal Justice Commission (ACJC) and the Oro Valley Police Department for the participation and administration of a multi-agency High Intensity Drug Trafficking Area (HIDTA) task force. When approved this agreement will provide for salary and fringe benefits in the amount of$110,940.00 for two (2) Town of Oro Valley Police Department officers. The two officers will be assigned to CNA — Counter Narcotics Alliance. The agreement is effective on January 1, 2009 and will terminate on December 31, 2010. FISCAL IMPACT: 2009/2010 budget= $110,940.00 ATTACHMENTS: 1. Resolution No. (R) 09-26 2. Three(3) originals of the Agreement HT 19-09-1712 (HIDTA Cycle 19—C.N.A.)for signatures. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No.(R) 09-26 be adopted. 5 4t4viiirrAie Daniel G. Sh. •., Chief•/'Police aeliA44.4„ David L.Andrews,Town Manager • RESOLUTION NO. (R) 09- 2 6 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC) AND THE TOWN OF ORO VALLEY, ALLOWING FOR TWO (2) OFFICERS TO BE ASSIGNED TO THE PIMA COUNTY / TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA). WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town of Oro Valley desires to enter into a Grant Agreement with the Arizona Criminal Justice Commission for the participation and administration of a multi-agency High Intensity Drug Trafficking Area Task Force for a term effective January 1, 2009 through (0, December 31, 2010; and WHEREAS, it is in the best interest of the Town to enter into the Grant Agreement, attached hereto as Exhibit 'A' and incorporated herein by the reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1. That the Grant Agreement attached hereto as Exhibit "A" between the Town of Oro Valley and the Arizona Criminal Justice Commission to participate in the High Intensity Drug Trafficking Area Grant Agreement allowing for two (2) officers to be assigned to the Pima County / Tucson Metropolitan Counter Narcotics Alliance (CNA) is hereby approved. 2. That the Mayor, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Grant Agreement. \\Legal\sharefiles\Police\Grant Agreements\ACJC-CNA(HIDTA)\Resolution for CNA Grant Agreement 050809.doc Town of Oro Valley Attorney's Office/sb/050809 • • PASSED AND ADOPTED by Mayor Ma or and Council of the Town of Oro Valley, Arizona, this „.000 3rd day of June , 2009. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date Date vid110 le1'1110 Page 2 of 2 EXHIBIT ARIZONA CRIMINAL JUSTICE COMMISSION HIGH INTENSITY DRUG TRAFFICKING AREA HIDTA ) GRANT AGREEMENT AOC Grant Number HT19-09-1712 This Grant Agreement is made this 1sT day of January, 2009 by and between the ARIZONA CRIMINAL JUSTICE COMMISSION hereinafter called "COMMISSION" and CITY OF ORO VALLEY, through Oro Valley Police Department hereinafter called "GRANTEE". Theg COMMISSION enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 41-2405 (B)(6), and having satisfied itself as to the qualification of GRANTEE NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on January 1, 2009 and terminate on December 31, 2010. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COMMISSION. A request for an extension must be received by the COMMISSION sixty (60) days prior to the end of the award period. The COMMISSION may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within ONDCP guidelines. 2. The GRANTEE agrees that grant funds will be used for the Pima County/Tucson Metro County Narcotics Alliance (CNA). 3. The COMMISSION will monitor the performance of the GRANTEE against9 oals and performance standards outlined in the grant application. Sub-standard performance as determined by the COMMISSION will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the COMMISSION finds non-compliance, the GRANTEE will receive a written notice which identifies the area of non- compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the COMMISSION may suspend funding or permanently terminate this Agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written COMMISSION approval may constitute sufficient reason for the COMMISSION to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the Executive Director or by persons authorized by the Executive Director on behalf of the COMMISSION and GRANTEE. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the COMMISSION: Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 230 Phoenix, Arizona 85007 Attn: Program Manager High Intensity Drug Trafficking Area Grant Number HT19-09-1712 Page 2 B. If to the GRANTEE: Oro Valley Police Department 11000 N. La Canada Dr Oro Valley, AZ 85737 Attn: Chief Daniel Sharp 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the COMMISSION. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or reprogramming of the grantee's budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and/or the Office of National Drug Control Policy (ONDCP) in accordance with HIDTA Program Policy and Budget Guidance. APPROVED LINE ITEM PROGRAM BUDGET Personnel: Salaries $96,147.00 Fringe Benefits $14,793.00 Overtime $ .00 Travel $ .00 Facilities $ .00 Services $ .00 Operating Expenses: Supplies $ .00 Other $ .00 Equipment (listed below) $ .00 TOTAL $110,940.00 See attached for budget detail. 6. It is agreed and understood that the total to be paid by the COMMISSION under this Agreement shall not exceed $110,940.00 in Federal funds awarded to the COMMISSION by the Office of National Drug Control Policy. It is agreed and understood that funds will be used to support and enhance activities in accordance with the approved HIDTA Initiative. 7. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 8. Every payment obligation of the COMMISSION under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the COMMISSION. No liability shall accrue to the COMMISSION in the event this provision is exercised, and the COMMISSION shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. 10. The GRANTEE certifies that it will comply with OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR Part 66 and OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments and HIDTA Program Policy & Budget Guidance. Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html High Intensity Drug Trafficking Area Grant Number HT19-09-1712 Page 3 11. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the COMMISSION within 30 days after receipt of a written request from the COMMISSION. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 12. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the Commission. All such documents shall be subject to inspection and audit at reasonable times. 13. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program Policy & Budget Guidance Section 8.04(A), to account for all HIDTA purchased equipment, vehicles, and other items valued at $1,000 or more at the time of purchase. This also includes lower cost, high risk items electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices. The GRANTEE agrees to abide by Section 8.06 that use HIDTA funds to purchase equipment must maintain a current inventory of HIDTA-purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and/or the Commission upon request. A 100-percent physical inventory of HIDTA-purchased equipment must be conducted at least every two years. 14. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR, Part 66.32 (e) (1-3) when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html The GRANTEE agrees the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance Section 8.07 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the Commission. 15. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy & Budget Guidance. 16. The GRANTEE will comply with the audit requirements of OMB Circular A-133 Audits of States, Local Governments and Non-Profit Organizations and provide the COMMISSION with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: OMB Circular A-133 http://www.whitehouse.goviombicirculars/index.html High Intensity Drug Trafficking Area Grant Number HT19-09-1712 Page 4 17. The GRANTEE agrees that it will submit financial reports and supporting documentation to the COMMISSION through the AZ HIDTA Finance Manager on forms/format provided by the COMMISSION, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: January 1 - 31 February 25 July 1 - 31 August 25 February 1 - 29 March 25 August 1 - 31 September 25 March 1 —30 April 25 September 1 — 30 October 25 October 1 - 31 November 25 April 1 - 30 May 25 November 1 - 30 December 25 May 1 - 31 June 25 December 1 - 31 January 25 June 1 - 30 July 25 More frequent reports may be required for GRANTEES who are considered high risk. 18. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 19. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole-source procurements in excess of $100,000, and provide written notification to the COMMISSION, as indicated in 21 CFR Part 1403.36(d)(4). 20.The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://epls.arnet.gov 21. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of State or local funds because of the existence of Federal funds. 22. The GRANTEE assigns to the COMMISSION any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 23. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 24. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes which are subject to arbitration. 25. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the COMMISSION. High Intensity Drug Trafficking Area Grant Number HT19-09-1712 Page 5 26. Each party (as "Indemnitor") agrees to indemnify, defend and hold harmless the othera p rty (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are cased by the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. 27. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the State of Arizona, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as "indemnitee") from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor Clagio from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit"A". 28. If the GRANTEE is a governmental political subdivision, the GRANTEE agrees to utilize the Data Dictionary, approved and distributed by the COMMISSION, as the data entry standard for information systems when improving or updating an existing Information System. The GRANTEE agrees to utilize the Data Dictionaryas the data entry standard in any new system or when an existing Information System is replaced. 29. If the GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. High Intensity Drug Trafficking Area Grant Number HT19-09-1712 Page 6 30. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and 2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the COMMISSION. 31. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the COMMISSION by the GRANTEE. 32.The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 33. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005-30 federal immigration laws by state employers and contractors. 34. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the COMMISSION within ten (10) days in the event that the project official is replaced during the award period. 35. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COMMISSION. 36. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 37. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. High Intensity Drug Trafficking Area Grant Number HT19-09-1712 Page 7 38. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will bep aid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the COMMISSION Standard Form-LLL, "Disclosure Form to Report Lobbying"in accordance with its instructions. 39. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 40. This Agreement may be cancelled at the COMMISSION'S discretion if not returned with authorized signatures to the COMMISSION within 90 days of commencement of the award. 41. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. High Intensity Drug Trafficking Area Grant Number HT19-99-1712 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Chief Date Printed Name and Title Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the Commission with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Printed Name and Title Statutory or other legal authority to enter into Agreement: Appropriate A.R.S., ordinance, or charter reference FOR CRIMINAL JUSTICE COMMISSION: John A. Blackburn Jr., Executive Director Date Arizona Criminal Justice Commission •^ moi.. � P �Y ARIZONA CRIMINAL JUSTICE COMMISSION � ',71,111 GRANT AGREEMENT /982 Insurance Requirements Exhibit"A" Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself)The insurance requirements herein are minimum mum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. 41011, • General Aggregate $2,000,000 • Products -Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability- Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Exhibit"A" Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor". (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease — Each Employee $500,000 Disease — Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or . on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Exhibit"A"Page 3 C. NOTICE OF CANCELLATION: Each insurance policyrequired by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the State of Arizona. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an"A.M. Best"rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE The State of Arizona project/contract number and project description are to be noted on the certificate of insurance. The State of Arizona and the Arizona Criminal Justice Commission reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverage's for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the State of Arizona Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. ARIZONA CRIMINAL INAL JUSTICE COMMISSION HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) V`,._ **'• GRANT AGREEMENT 1 982. Confidential Funds Certification Exhibit"B" CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT19-09-1712 Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information be received, the amount of expenditures, and assume name of informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also be maintained. Refer to Informant Files "Documentation" (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him/her. Exhibit"B" Page 2 5. Receipt for Purchase of Information. An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent 4.11` or officer in charge on the basis of the report and Informant Payee's Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents which should be in an informant's file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Exhibit"B" Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign-out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant's establishment. c. Current photograph and fingerprint card (or FBI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant's identity. Exhibit"B" Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: g 9 a. Informants code number. b. Type of information (i.e. informant, defendant/informant, restricted use/informant). c. Informant's true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. 4160 Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual orp otential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he/she may be paid for his/her service either in a lump sum or in lop staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Exhibit"B" Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency's informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non- officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Exhibit"B" Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific p purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. p Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or fundsp aid or advanced to an informant. 6. For security purposes there should be a 48-hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent 9 pp at any point within the 48-hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, , an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. J I c NO 0 (13 0) a) > C • i•'-s, . cp ,� -ti; ,�cu .2• RT 0 0 0 0 C) Il C) Q) co Q) Q) m m m m m -173 `�' +.+ �' V' O) Cf) CC O) •p r- r- 2 N- N. p ' p • O 0 '3 Vl V/ V V A ^ ...„-e Z U 2- o C N cn y Na) c c O O O O Cl) O to 0 O -J Q C a. a. a. 1T4U E Q) It It Z 0 c6 0 i Q 1. 2 N a) � U C _ 0 Q = 0 D U 43 U :- o O 0 o o o E a) 0 O Q HCU Taa c W ca L Oif (13 •— t N j (,:.5 E E a c 03 >, r- Q ' O C Oin NC `4"... C. M .r. w c Q r- C Q LU o 13 W �►- 0 i c) CD ci. cn Q0 Q1 Q .Q 01 C J d Q) �' m m E U �, cco ``' p E x }^111' a- t� a �, ° v > v) 713 o .- � W ' O � O m � � � d m 0 � 'L O = > d cv v) }, Oh 0.) O U = O a. d a' p -a; O a cr) > Q.7113- o N (6 G) O > p •L m .--e- F. Tv O a. F- F— a. �- u. a N � O O N co 0) O E co co NN 0 0 0 0 d d d d a) a) a) a) vv v V m m m m Op 00 a, , •� , 3 •rte-+ ' iii0 O .0 .0 .0 .0 O ,- z--...,-... '� Z U U -' U N c v Q a) a) a V .o En d u) a- a Tii Q .Y2 '4E-' w CO ca o Z UO as O a) 4E-' U c 0 Q O D U U --) 0.= L_ ca 0 1.6 •C >, c U �a 0o > z .1Q) U . O Q 0 Q Q as c O Q Q r (,)' mC Q) Q .U d RS cu CI) c •U c Q C C � Vd. UO � � n � . N a) I O O CL CI)) m co N c�} � URI u-O FTO - co •� n aao o t- Gi . = •� W E 74 a' a) p w In I-- (/)as .a. ..;.-, I d p ... , u 7, o f— a ..c. . . ...., � U TOWN OF ORO VALLEY E COUNCIL COMMUNICATION MEETING DATE: JUNE 3,2009 TO: HONORABLE MAYOR AND COUNCIL FROM: DANIEL G. SHARP,CHIEF OF POLICE SUBJECT: RESOLUTION(R)09- 27 APPROVING THE HIGH INTENSITY DRUG TRAFFICHING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC) AND THE TOWN OF ORO VALLEY,ALLOWING FOR ONE (1) OFFICER TO BE ASSIGNED TO THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (PCHITF). SUMMARY: Request is being made to enter into an Agreement(HIDTA Cycle 19—HT-19-09-1610)between the Arizona Criminal Justice Commission (ACJC) and the Oro Valley Police Department for the participation and administration of a multi-agency High Intensity Drug Trafficking Area(HIDTA)task force. When approved this agreement will provide for salary, fringe benefits, and overtime in the amount of$78,169.00 for one (1) Town of Oro Valley Police Department officer. The officer will be assigned to PCHITF—Pima County/Tucson Metropolitan Counter Narcotics Alliance. The agreement is effective on January 1,2009 and will terminate on December 31,2010. FISCAL IMPACT: '2009/2010 budget= $78,169.00 Ly ATTACHMENTS: 1. Resolution No. (R) 09-27 2. Three(3)originals of the Agreement HT 19-09-1610 (HIDTA Cycle 19—PCHITF) for signatures. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 09-27 be adopted. 4//:„..,tiL, r Daniel4 Ai G. S arp; hief•Police 0 I 0 42 al 1 i•k i--- David L. Andrews,Town Manager RESOLUTION NO. (R) 09- 27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE ARIZONA CRIMINAL JUSTICE COMMISSION (ACJC) AND THE TOWN OF ORO VALLEY, ALLOWING FOR ONE (1) OFFICER TO BE ASSIGNED TO THE PIMA COUNTY HIDTA INVESTIGATIVE TASK FORCE (PCHITF). WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town of Oro Valley desires to enter into a Grant Agreement with the Arizona Criminal Justice Commission for the participation and administration of a multi-agency High Intensity Drug Trafficking Area Task Force for a term effective January 1, 2009 through itklisar December 31, 2010; and WHEREAS, it is in the best interest of the Town to enter into the Grant Agreement, attached hereto as Exhibit"A" and incorporated herein by the reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1. That the Grant Agreement attached hereto as Exhibit "A" between the Town of Oro Valley and the Arizona Criminal Justice Commission to participate in the High Intensity Drug Trafficking Area (HIDTA) Grant Agreement allowing for one (1) officer to be assigned to the Pima County HIDTA Investigative Task Force (PCHITF) is hereby approved. 2. That the Mayor, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Grant Agreement. \\Legal\sharefiles\Police\Grant Agreements\ACJC-PCHITF(HIDTA)\Resolution for PCHITF Grant.Agreement 050809.doe Town of Oro Valley Attorney's Office/sb/050809 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 3rd day of June , 2009. TOWN OF ORO VALLEY,ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date Date Page 2 of 2 EXHIBIT 44A,, • • " r ARIZONA CRIMINAL JUSTICE COMMISSION _= HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) .7. �' `'�� GRANT AGREEMENT AOC Grant Number HT19-09-1610 This Grant Agreement is made this 1sT day of January, 2009 by and between the ARIZONA CRIMINAL JUSTICE COMMISSION hereinafter called "COMMISSION" and CITY OF ORO VALLEY, through Oro Valley Police Department hereinafter called "GRANTEE". The COMMISSION enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 41-2405 (B)(6), and having satisfied itself as to the qualification of GRANTEE; NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on January 1, 2009 and terminate on December 31, 2010. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the COMMISSION. A request for an extension must be received by the COMMISSION sixty (60) days prior to the end of the award period. The COMMISSION may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within ONDCP guidelines. 2. The GRANTEE agrees that grant funds will be used for the Pima County Financial Task Force (PCFTF). 3. The COMMISSION will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the COMMISSION will constitute non-compliance with this Agreement. The 410 GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the COMMISSION finds non-compliance, the GRANTEE will receive a written notice which identifies the area of non- compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps which are being taken to correct the problem, the COMMISSION may suspend funding or permanently terminate this Agreement or revoke the grant. Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written COMMISSION approval may constitute sufficient reason for the COMMISSION to terminate this Agreement, revoke the grant, require the return of all unspent funds, perform an audit of expended funds, and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the Executive Director or by persons authorized by the Executive Director on behalf of the COMMISSION and GRANTEE. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the COMMISSION: Arizona Criminal Justice Commission 1110 W. Washington Street, Suite 230 Phoenix, Arizona 85007 Attn: Program Manager High Intensity Drug Trafficking Area Grant Number HT19-09-1610 Page 2 B. If to the GRANTEE: Oro Valley Police Department 11000 N. La Canada Dr Oro Valley, AZ 85737 Attn: Chief Daniel Sharp 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the COMMISSION. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or reprogramming of the grantee's budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and/or the Office of National Drug Control Policy (ONDCP) in accordance with HIDTA Program Policy and Budget Guidance. APPROVED LINE ITEM PROGRAM BUDGET Personnel: Salaries $48,856.00 Fringe Benefits $17,099.00 Overtime $12,214.00 Travel $ .00 Facilities $ .00 Services $ .00 Operating Expenses: Supplies $ .00 Other $ .00 Equipment (listed below) $ .00 TOTAL $78,169.00 See attached for budget detail. 6. It is agreed and understood that the total to be paid by the COMMISSION under this Agreement shall not exceed $78,169.00 in Federal funds awarded to the COMMISSION by the Office of National Drug Control Policy. It is agreed and understood that funds will be used to support and enhance activities in accordance with the approved HIDTA Initiative. 7. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 8. Every payment obligation of the COMMISSION under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the COMMISSION. No liability shall accrue to the COMMISSION in the event this provision is exercised, and the COMMISSION shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 9. The GRANTEE understands that prior to the expenditure of confidential funds, an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. 10. The GRANTEE certifies that it will comply with OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR Part 66 and OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments and HIDTA Program Policy & Budget Guidance. Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html High Intensity Drug Tracking Area Grant Number HT19-09-1610 Page 3 11. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the COMMISSION within 30 days after receipt of a written request from the COMMISSION. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 12. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the Commission. All such documents shall be subject to inspection and audit at reasonable times. 13. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE'S policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program Policy & Budget Guidance Section 8.04(A), to account for all HIDTA purchased equipment, vehicles, and other items valued at $1,000 or more at the time of purchase. This also includes lower cost, high risk items electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices. The GRANTEE agrees to abide by Section 8.06 that use HIDTA funds to purchase equipment must maintain a current inventory of HIDTA-purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and/or the Commission upon request. A 100-percent physical inventory of HIDTA-purchased equipment must be conducted at least every two years. 14. The GRANTEE agrees to follow equipment disposition policies outlined in OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 28 CFR, Part 66.32 (e) (1-3) when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: OMB Circulars http://www.whitehouse.gov/omb/circulars/index.html The GRANTEE agrees the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance Section 8.07 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the Commission. 15. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy& Budget Guidance. 16. The GRANTEE will comply with the audit requirements of OMB Circular A-133 Audits of States, Local Governments and Non-Profit Organizations and provide the COMMISSION with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: OMB Circular A-133 http://www.whitehouse.gov/omb/circulars/index.html High Intensity Drug Trafficking Area Grant Number HT19-09-1610 Page 4 17. The GRANTEE agrees that it will submit financial reports and supporting documentation to the COMMISSION through the AZ HIDTA Finance Manager on forms/format provided by the COMMISSION, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: January 1 - 31 February 25 July 1 - 31 August 25 February 1 - 29 March 25 August 1 - 31 September 25 March 1 — 30 April 25 September 1 — 30 October 25 October 1 - 31 November 25 April 1 - 30 May 25 November 1 - 30 December 25 May 1 - 31 June 25 December 1 - 31 January 25 June 1 - 30 July 25 More frequent reports may be required for GRANTEES who are considered high risk. 18. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 19. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole-source procurements in excess of $100,000, and provide written notification to the COMMISSION, as indicated in 21 CFR Part 1403.36(d)(4). 20. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 28 CFR Part 67.510 for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://epls.arnet.gov 21. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of State or local funds because of the existence of Federal funds. 22. The GRANTEE assigns to the COMMISSION any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 23. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 24. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes which are subject to arbitration. 25. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the COMMISSION. High Intensity Drug Trafficking Area Grant Number HT19-09-1610 Page 5 26. Each party (as "Indemnitor") agrees to indemnify, defend and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are cased by the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. 27. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the State of Arizona, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees (hereinafter referred to as "indemnitee") from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims" ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE'S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker's Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit"A". 28. If the GRANTEE is a governmental political subdivision, the GRANTEE agrees to utilize the Data Dictionary, approved and distributed by the COMMISSION, as the data entry standard for information systems when improving or updating an existing Information System. The GRANTEE agrees to utilize the Data Dictionaryas the data entry standard in any new system or when an existing Information System is replaced. 29. If the GRANTEE is a governmental political subdivision, the GRANTEE should, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. High Intensity Drug Trafficking Area Grant Number HT19-09-1610 Page 6 30.The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil m Section 504, Rehabilitation Act of 1973, as amended; Rights Act of 1964, as amended;• 9 Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and 2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the COMMISSION. 31.The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 28 CFR 42.302). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the COMMISSION by the GRANTEE. 32. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 33. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005-30 federal immigration laws by state employers and contractors. 34.The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the COMMISSION within ten (10) days in the event that the project official is replaced during the award period. 35. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the COMMISSION. 36.The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 37. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. High Intensity Drug Trafficking Area Grant Number HT19-09-1610 Page 7 38. The Grantee certifies that no federal funds will be paid, by or on behalf of, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the COMMISSION Standard Form-LLL, "Disclosure Form to Report Lobbying"in accordance with its instructions. 39. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 40. This Agreement may be cancelled at the COMMISSION'S discretion if not returned with authorized signatures to the COMMISSION within 90 days of commencement of the award. 41. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. 110 High Intensity Drug Trafficking Area Grant Number HT19-09-1610 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Chief Date Printed Name and Title Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the Commission with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Printed Name and Title Statutory or other legal authority to enter into Agreement: Appropriate A.R.S., ordinance, or charter reference FOR CRIMINAL JUSTICE COMMISSION: John A. Blackburn Jr., Executive Director Date Arizona Criminal Justice Commission '" r _ -N,7,.,; ARIZONA CRIMINAL JUSTICE COMMISSION ., '�', . r_= GRANT AGREEMENT ,$' ti ,`1 i982 ' Insurance Requirements Exhibit"A" Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself)The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products—Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability—Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Exhibit"A" Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor'; (Note that the other governmental entity(ies) is/are also required to be additional insured(s)and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease— Each Employee $500,000 Disease— Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Exhibit"A" Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the State of Arizona. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an "A.M. Best"rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE The State of Arizona project/contract number and project description are to be noted on the certificate of insurance. The State of Arizona and the Arizona Criminal Justice Commission reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverage's for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the State of Arizona Department of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then.the- Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university then none of the above shall apply. ARIZONA CRIMINAL JUSTICE COMMISSION HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT •.NN.•• meq► 1982 Confidential Funds Certification Exhibit"B" CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT19-09-1610 Date: Signature: Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information be received, the amount of expenditures, and assume name of informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also be maintained. Refer to Informant Files "Documentation" (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid ,, to him/her. Exhibit"B" Page 2 5. Receipt for Purchase of Information. An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: • a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee's Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents which should be in an informant's file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Exhibit"B" Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, tY, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign-out logs should be kept indicating the date, informant number, time in and out, and the signature of thep erson reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant's establishment. c. Current photograph and fingerprint card (or FBI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant's identity. ■ Exhibit"B" Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: a. Informant's code number. b. Type of information (i.e. informant, defendant/informant, restricted use/informant). c. Informant's true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he/she may be paid for his/her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Exhibit"B" Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency's informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non- officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. 41160 ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. r Exhibit"B" Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48-hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent at any point within the 48-hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained. IN C 0 ° RI 0) U) a) > C cu 0 0 0 d 0 d C) d C) Q) CO CO m m C) RICO Co 7, O 0) up ..+ tI) LI) ..+ Q) Q) 3 T- O Co co 0 O O 0 N CV 0 cc co 00 .0 r----r _a (NN 12 U) U) U) U) U C O O O cn C :�•' 475 47:,p •— •— I- -. a° a°. ao o _ 7. v E C E E Q 0 Q L a) (L) p U o Q _ D 0 ( 6 E I""' (aLL U o o C U E a) 0 0 0 C -�-, _ I— (a U t- w w c g 0 > cu - w w E E E c, 1 u- C 0 ---• 0 CU a) _.. 0 2 Q 0 W C -> O .� 03 C -> a -as 1 G) cn CO a) Q .6 -�. , C 0 , m i .4.-, . Q (n a) °, a) o a) },, a) a) a) -- — I C:na) (9 23) c,L.2 > . —_, ,„ 0 –0 •_ -12 ,, 6 .:.-...._ o N (6 d O p L co > p > p > N a a. F- u. z F-- ° ›- CO 0 a. c 1— a) - F= a I° - u. A N C - o O N , t6 O) cn a) > C yN rt 0 0 0 0 0 d0) d 0) 15 co a) C) 0 Q) V V V VV m m m m opo 4160 cr, to r- p ' p ' ' 1J' , 00 ti U co co E M Q N V a) •E 0. -0 L � J ••• C o cr m l . .- � It W ca a U E a) 4# O Q oU Q a) a) o 0 0 QIn cn � U _ O '5 E a) H • (13U co 0c _ O o z' ca N p _ 'C CY ._LT- a) 0 .,..,. c) a) , t O Q. Q y C N d m a) Q U d ca d E 1111 V O ▪ v ` C 4.-.: 4 O I m ▪ ti • Cl. a w a. Q L , (f) a) CL •— 0) CC 1:3 V • V V fl. (,� � 8 7:5 .?'r'� � t D � V) .� to � •= N .� Q to ,� .0 to .� N (�_6 (� (� CD 0 D I— H- W O C d p +r d p MM — O H to D 1— O 0 F— W F y TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 3, 2009 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: APPROVAL OF REQUEST FOR SPONSORSHIP OF SENATOR AL MELVIN TOWN HALL MEETINGS SUMMARY: A request has been received by Senator Al Melvin to use the Oro Valley Magistrate Court for the purpose of holding the following public meetings to meet with his constituents: Saturday, June 13 12:00 noon to 2:00 p.m. Saturday, September 12 12:00 noon to 2:00 p.m. Saturday, December 12 12:00 noon to 2:00 p.m. If the Town Council agrees to sponsor the use of the Council Chambers for Senator Melvin's public meetings, the fees will be waived. LJGGESTED MOTION: I MOVE to approve the sponsorship of public meetings hosted by Senator Al Melvin scheduled for Saturday, June 13, 12:00 noon to 2:00 p.m., September 12, 12:00 noon to 2:00 p.m. and Saturday, December 12. 12:00 noon to 2:00 p.m. ATTACHMENTS: 1. Letter of request from Geri Ottoboni-Gilmore on behalf of Senator Al Melvin kof Kat*n E. Cuvelier, Town Clerk I David Andrews, Town Manager Page 1 of 2 , Cuvelier, Kathryn ,n: geri ottoboni-gilmore [geri@dakotacom.net] Sent: Tuesday, May 12, 2009 3:50 PM To: Cuvelier, Kathryn Subject: Re: Senator Al Melvin Town Hall Meetings Original Message From: Cuvelier, Kathryn To: 'geri ottoboni-gilmore' Sent: Wednesday, May 06, 2009 4:13 PM Subject: RE: Senator Al Melvin Town Hall Meetings Kathryn, This is to advise you that we will longer need the Council Chambers for the Townhall Meetings, but instead the Magistrate Court room on the following dates: June 13 Saturday 12:00 Noon to 2:00 PM September 12 Saturday 12:00 Noon to 2:00 PM December 12 Saturday 12:00 Noon to 2:00 PM T' -nk you for your assistance, Geri Ottoboni Okay, I have reserved the Council Chambers and this will be placed on the June 3rd Council Agenda for the Council's sponsorship. Thank you, KC n/E Cuiveieer, CHIC Oro Valley Town Clerk 11000 N. La Canada Drive Oro Valley, AZ 85737 1-520-229-4740 KCuvelier@orovalleyaz.gov ......._..........._...................... m ...... •........M.....,N._.....H ..::....��:.............�. .........n.. ................M�.....w.:_....H:.... _._......_. ............_ ....:.....w ..._...y...M...,..:..M_ .- ........,........ ......w....... n .... ........... - _.........-.�_.�-._........ ._.w.. From: geri ottoboni-gilmore [mailto:geri@dakotacom.net] Sent: Wednesday, May 06, 2009 4:12 PM To: Cuvelier, Kathryn Subject: Senator Al Melvin Town Hall Meetings Kathy, is to request the use of the Town Hall Chambers for a Town Hall meeting for Senator Al Melvin on Saturday, June 1rom 12Noon to 2PM. 5/12/2009 TOWN OF ORO VALLEY Page 1 of 1 —OUNCIL COMMUNICATION MEETING DATE: 06/03/09 TO: HONORABLE MAYOR AND COUNCIL FROM: TOBIN ROSEN, TOWN ATTORNEY SUBJECT: RESOLUTION NO. (R) 09- 2 9, A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, URGING THE ARIZONA STATE LEGISLATURE NOT TO SWEEP MUNICIPAL IMPACT FEES INTO THE STATE BUDGET AND URGING THE ARIZONA STATE LEGISLATURE NOT TO IMPOSE A MORATORIUM ON THE APPLICATION OF NEW BUILDING CODES TO PLATS OR PLANS APPROVED PRIOR TO MAY 1, 2009 OR ON FUTURE COLLECTION OF MUNICIPAL IMPACT FEES SUMMARY: At the request of Council Member Latas, and seconded by Council Member Gillaspie, this Resolution is being presented for consideration by the Mayor and Council to express the Town's opposition to the Arizona Appropriations Committee proposal to amend Arizona Senate Bill 1035 which would sweep the cities' and towns' municipal impact fees into the State budget and impose a moratorium on collection of development impact fees. The Arizona Appropriations Committee also proposes a three year moratorium on application of new building codes to plats or plans approved prior to May 1, 2009. The Resolution sets forth the policy statements that weigh against the devastating effects of these proposals upon the Town of Oro Valley and municipal governments throughout the state. "TACHMENTS: Resolution No. (R) 09- 29, a Resolution of the Mayor and Council of the Town of Oro alley, Arizona, urging the Arizona State Legislature not to sweep municipal impact fees into the State budget and urging the Arizona State Legislature not to impose a moratorium on the application of new building codes to plats or plans approved prior to May 1, 2009 or on future collection of municipal impact fees. SUGGESTED MOTIONS: I hereby move to (approve/deny/continue to date) Resolution No. (R) 09-29 a urging the Arizona State Legislature not to sweep municipal impact fees into the State budget and urging the Arizona State Legislature not to impose a moratorium on the application of new building codes to plats or plans approved prior to May 1, 2009 or on future collection of municipal impact fees. Tobin Rosen, Town Attorney OALRV David Andrews, Town Manager RESOLUTION NO. (R) 09- 2 9 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, URGING THE ARIZONA STATE LEGISLATURE NOT TO SWEEP MUNICIPAL IMPACT FEES INTO THE STATE BUDGET AND URGING THE ARIZONA STATE LEGISLATURE NOT TO IMPOSE A MORATORIUM ON THE APPLICATION OF NEW BUILDING CODES TO PLATS OR PLANS APPROVED PRIOR TO MAY 1, 2009 OR ON FUTURE COLLECTION OF MUNICIPAL IMPACT FEES WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the State of Arizona and our nation are experiencing difficult economic challenges; and WHEREAS, an amendment to Arizona Senate Bill 1035 is currently before the Arizona State Legislature which, if passed, would adversely impact all cities' and towns' general funds; and WHEREAS, the Arizona Appropriations Committee also proposes that the cities then backfill this loss to their general funds by using development impact fees; and WHEREAS, current State law requires that municipalities impose development fees in a manner so as to bear a reasonable relationship to the additional services burden imposed upon municipal infrastructures by new development; and WHEREAS, current State law also requires that development impact fees be placed in separate funds, be accounted for separately and only be used for capital improvements associated with new growth; and WHEREAS, in addition, the Arizona State Legislature is proposing a moratorium on future development impact fees, which is not an economic stimulus; and WHEREAS, a moratorium on development impact fees forces existing city and town residents to subsidize new growth through higher taxes or reduced services; and WHEREAS, increased taxes and service reductions upon existing residents to pay development's burden hurts already struggling Arizonans; and F.\Manager\Projects\impact Fees Anti Moratorium Reso.doc Town of Oro Valley Attorney's Office/ca/052609 WHEREAS, placing a moratorium on development impact fees restricts or delays necessary infrastructure projects, threatens scarce groundwater supplies, reduces municipal self-determination, eliminates jobs and reduces economic recovery; and WHEREAS, development impact fees are an important source of municipal debt payment monies, and restricting impact fees also affects revenue streams and endangers Arizona cities' and towns' bond contracts; and WHEREAS, the Arizona Appropriations Committee also proposes a three year moratorium on applying new building codes to plats or plans approved prior to May 1, 2009; and WHEREAS, the proposed moratorium on the application of new building codes to plats or plans approved prior to May 1, 2009 will affect the ability of municipalities to apply environmentally friendly and innovative codes such as graywater, solar harvesting and solar hot water codes to developments that have been administratively approved but not yet built, undermining efforts on the part of municipalities statewide to protect groundwater supplies and to promote energy conservation; and WHEREAS, it is in the best interest for the health, safety and welfare of the residents of the Town of Oro Valley and the State of Arizona to oppose efforts of the Arizona Legislature to sweep municipal impact fees into the state budget and to oppose the imposition of a moratorium on the application of new building codes to plats or plans approved prior to May 1, 2009 or the future collection of municipal impact fees. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Mayor and Town Council urges the State Legislature not to sweep municipal impact fees into the state budget and urges the Arizona Legislature not to impose a moratorium on the application of new building codes to plats or plans approved prior to May 1, 2009 or the future collection of municipal impact fees. BE IT FURTHER RESOLVED that upon adoption and execution, the Town Clerk shall transmit copies of this Resolution to Oro Valley's State legislative representatives, the President of the Arizona Senate and the Speaker of the Arizona House. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 3rd day of June , 2009. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor FAManager\Projects\impact Fees\Anti Moratorium Reso.doc Town of Oro Valley Attorney's Office/ca/052609 ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: F:\Manager\Projects\lmpact Fees\Anti Moratorium Reso.doc Town of Oro Valley Attorney's Office/ca/052609 E. it TOWN OF ORO VALLEY Page 1 of 2 Loy7OUNCIL COMMUNICATION MEETING DATE: 06/03/09 TO: HONORABLE MAYOR AND COUNCIL FROM: TOBIN ROSEN, TOWN ATTORNEY SUBJECT: RESOLUTION NO. (R) 09-_, A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN ATTORNEY TO SIGN ON IN SUPPORT OF THE AMICUS CURIAE BRIEF TO BE FILED BY THE CITY OF SCOTTSDALE BEFORE THE ARIZONA SUPREME COURT IN THE CASE OF TURKEN V. GORDON, ARIZONA SUPREME COURT CASE NO. CV-09-0042-PR SUMMARY: At the request of Council Member Latas, and seconded by Council Member Garner, this Resolution authorizing the Town Attorney to sign onto the amicus curiae brief to be submitted by the City of Scottsdale to the Arizona Supreme Court in support of the decision of the Arizona Court of Appeals in the Turken v. Gordon case is presented for consideration by the Mayor and Council. In Turken v. Gordon, the Arizona Court of Appeals ruled that an economic development agreement entered into between the City of Phoenix and the developer of the City North shopping center in Phoenix was invalid as a violation of the Gift Clause of the Arizona Constitution, in that it did not provide sufficient consideration to the public in return for the over $97 million in sales tax rebates to by paid by the City the developer under the agreement. The decision has obvious implications for the Town of Oro Valley, which has 5 (five) such agreements outstanding with developers and other business interests. Since the Court of Appeals decision was issued, the Town has placed any further payments under these economic development agreements on hold. The City of Phoenix and the developer sought review by the Arizona Supreme Court of that decision, which the Arizona Supreme Court granted on June 1, 2009. The City of Scottsdale has authorized its City Attorney to file an amicus curiae (friend of the court) brief in support of the prior decision of the Arizona Court of Appeals. The proposed resolution would authorize the Oro Valley Town Attorney to sign on in support of the amicus brief to be filed by the City of Scottsdale to urge the Arizona Supreme Court to uphold the decision of the Arizona Court of Appeals that invalidated the economic development agreement. FISCAL IMPACT: NONE. The Town should not incur any outside counsel fees in conjunction with this matter. ATTACHMENTS: • Resolution (R) 09- 30 of the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the Town Attorney to sign on in support of the amicus curiae brief to be filed by the City of Scottsdale y TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 06/03/09 before the Arizona Supreme Court in the case of Turken v. Gordon, Arizona Supreme Court case no. CV-09-0042-PR SUGGESTED MOTIONS: I hereby move to (approve/deny) Resolution (R) 09- 30 authorizing the Town Attorney to sign on in support of the amicus curiae brief to be filed by the City of Scottsdale before the Arizona Supreme Court in the case of Turken v. Gordon, Arizona Supreme Court case no. CV-09-0042-PR. Tobin Rosen, Town Attorney 0,444:44 David Andrews, Town Manager RESOLUTION NO. (R) 09- 30 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE TOWN ATTORNEY TO SIGN ON IN SUPPORT OF THE AMICUS CURIAE BRIEF TO BE FILED BY THE CITY OF SCOTTSDALE BEFORE THE ARIZONA SUPREME COURT IN THE CASE OF TURKEN V. GORDON, ARIZONA SUPREME COURT CASE NO. CV-09-0042-PR WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, the practice of governmental entities offering taxpayer subsidies to developers to locate within their respective jurisdictions has led to unhealthy bidding wars whereby various governmental entities vie to offer even greater amounts of taxpayer money to developers for fear of losing them to jurisdictions offering even more subsidies; and WHEREAS, the result of these subsidies is to skew the market in a way that is unfair to ‘mior businesses that do not receive the subsidies; and WHEREAS, the Arizona Court of Appeals ruled correctly in the CityNorth case, Meyer Turken et al. v. Phil Gordon and NPP CityNorth LLC, No. 1 CA-CA 08-0310 that such subsidies violate the Gift Clause of the Arizona Constitution; and WHEREAS, the Arizona Supreme Court granted review of the Court of Appeals decision in Turken v. Gordon on June 1, 2009; and WHEREAS, the City of Scottsdale has directed its City Attorney to file an amicus brief with the Arizona Supreme Court in support of the Arizona Court of Appeals decision; and WHEREAS, the Mayor and Council of the Town of Oro Valley wish to direct the Town Attorney to sign on to the amicus brief to be filed by the City of Scottsdale in support of the Arizona Court of Appeals decision. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Town Attorney is hereby authorized and directed to sign on to the Amicus Brief to be filed by the City of Scottsdale with the Arizona Supreme Court in Support of the Arizona Court of Appeals decision in Turken v. Gordon, Arizona Supreme Court case no. CV-09-0042-PR. \\Legal\sharefiles\Mayor&Council\Misc\Amicus Curiae Turken v Gordon\Turken Gordon Amicus Resolution doc Town of Oro Valley Atty's Office/sb/060209 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 3rd day of June , 2009. ‘410 TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney Date: Date: NI) 2 TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: June 3, 2009 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Town Manager Stacey Lemos, Finance Director SUBJECT: Public Hearing — Resolution No. (R) 09- 28 Adoption of the Tentative Budget for Fiscal Year 2009/2010 and Setting the Local Alternative Expenditure Limitation for Fiscal Year 2009/2010 Summary The purpose of this agenda item is for Council consideration and adoption of the Town's Tentative Budget for FY 2009/2010. Approval of Resolution No. (R) 09- 28 will also set the local expenditure limitation. Once the limitation is set, expenditures for the year may not exceed that amount. The Council has the discretion to make changes to the budget prior to final adoption, which is scheduled for June 17th; however the total amount of the final budget may not exceed the expenditure limitation as set this evening. The Council also has the authority to modify the budget throughout the fiscal year. Attached as Exhibit A are the Auditor General budget schedules outlining the FY 2009/10 Tentative Budget amounts by fund and department. The tentative budget includes the modifications recommended and approved by Town Council during the ten I 0'10) budget review sessions that were held between April 6th and the May 27th. These modifications are .ihown in greater detail by fund in Exhibits B through G attached hereto. Tentative Budget Highlights The FY 2009/10 Tentative Budget totals $121,549,343 and is balanced with the following revenues and other financing sources: Revenues $ 71,097,254 Cash Reserves 50,452,089 Total Resources $ 121,549,343 Those financial resources will be used to pay for Town services within the following funds: General Fund $ 40,565,871 Highway Fund 8,306,725 Bed Tax Fund 1,992,528 Public Transportation Fund 656,374 Townwide Roadway Dev. Fund 9,507,471 Water Utility Enterprise Fund 26,516,254 Stormwater Enterprise Fund 2,863,560 Fleet Maintenance Fund 895,914 Development Impact Fee Funds 16,824,493 Other 13,420,153 Total $ 121,549,343 G:\BUDGET\FY 09-10\Tentative_BudgetCouncComm_6-3-09(2).doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 5 General Fund In the General Fund, the main operating fund of the Town, FY 2009/10 Tentative Budget revenues and expenditures are outlined below: Revenues $ 27,938,656 Expenditures ( 29,505,926) Annual Deficit ( 1,567,270) Estimated Beginning Fund Balance, 7/1/09 $ 14,657,852 Estimated Ending Fund Balance, 6/30/10 $ 13,090,582 The Tentative Budget is balanced with the use of almost $1.6 million in General Fund cash reserves. Of this amount, items totaling $1,230,000 are considered one-time, non-recurring expenditures and are outlined below: Carry forward of FY 08/09 costs for Historic Inventory and ESLO 150,000 Carry forward of FY 08/09 budget for PD Substation at Oro Valley Marketplace 350,000 Arroyo Grande Annexation Legal & Consulting Expenses 300,000 Temporary Clerical Assistance in HR for Open Enrollment 6,000 Transfer of Cash Reserves to Steam Pump Ranch Fund 410,000 MUNIS Training in HR for Open Enrollment 4,000 Animal Licensing Feasibility Study 10,000 Total One-Time, Non-Recurring Expenditures $ 1,230,000 The remaining use of cash reserves is to fund salaries and benefits of positions originally recommended for elimination in the Town Manager's Recommended Budget as a cost reduction measure to help close the projected $4.2 million budget deficit that was anticipated in the General Fund for next year. The Town Council voted to retain all filled positions that were subject to elimination at the May 27th Special Session of the Council. Action taken to close the projected budget deficit in this fund included the following: • Renewal of the 2% utility sales tax that was due to sunset April 1, 2009 • Transfer of$700,000 in Bed Tax funds to the General Fund • Significant line item reductions in department budgets • Deferral of capital improvement program (CIP) and capital asset replacement program • Elimination of 8.86 vacant, full-time equivalent (FTE) positions next fiscal year • Use of cash reserves Vacant positions eliminated in next year's General Fund budget include the following: Eliminated Vacant Position FTEs Economic Development Administrator 1.00 Civil Attorney 1.00 G:\BUDGET\FY 09-10\Tentative_BudgetCouncComm_6-3-09(2).doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 5 Eliminated Vacant Position (continued) FTEs GIS Technician 1.00 Sr. Building Permit Technician 1.00 Library Page (2 part-time) .88 Reserve Police Officer (part-time) .48 Police Officer 2.00 Police Records Specialist (part-time) .50 Court Clerk (part-time) .50 Transit Dispatcher (part-time) .50 A number of other positions are also currently vacant and either under recruitment or on hold pending approval to recruit and fill. A complete listing of current position vacancies and their status is attached as Exhibit H. A number of program consolidations are included in the FY 2009/10 budget in order to streamline operations and improve efficiencies. The Public Information Officer in the Police Department has been transferred to the Communications Division in the Town Manager's Department; the Information Technology Division in the Police Department has been joined with the Town's Information Technology Department; all Fleet Maintenance functions town-wide have been consolidated into a new, central Fleet Maintenance Fund; and the Town's Safety and Risk Manager has been transferred from the Police Department to the Human Resources Department. Outstanding General Fund Items At the May 27th Council Special Session, Council Member Abbott requested discussion of several budget items at the call for Future Agenda Items. These items are as follows: • Funding for Naranja Town site survey — the Tentative Budget includes $1,000 in the General Administration budget for this survey. • Funding for intergovernmental relations travel reimbursement —the Tentative Budget includes $25,000 in the General Administration budget for this purpose. • Funding for animal registering and licensing fees proposed for a study —the Tentative Budget includes $10,000 for an animal licensing feasibility study in the General Administration budget. Highway Fund The Highway Fund Tentative Budget is balanced with the use of $203K in cash reserves that will be used to fund the salaries and benefits of five (5) full-time positions that were originally recommended for elimination in the Town Manager's Recommended Budget as a cost savings measure. The Highway Fund also includes $1.2 million for funding the pavement preservation program next fiscal year. Bed Tax Fund The Tentative Budget for the Bed Tax Fund includes funding economic development marketing efforts at $60,000, community funding contribution to C-Path for $25,000, contribution to TREO for $40,000, bed tax !bate to the Hilton El Conquistador Hotel for $281,758, and a contribution to the Metropolitan Tucson w Convention and Visitors Bureau for $72,000. G:\BUDGETTY 09-10\Tentative_BudgetCouncComm_6-3-09(2).doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 5 Water Utility Enterprise Fund The Tentative Budget for the Water Utility Fund includes no provision for base rate or commodity rate increases for FY 2009/10. The only recommended increase for FY 2009/10 is in the Groundwater Preservation Fee (GPF). This fee is recommended to increase from the current rate of $0.55 to $0.75 per 1,000 gallons for potable water sales; and from the current rate of $0.30 to $0.40 per 1,000 gallons for reclaimed water sales. Also included in Water Utility revenues are loan proceeds from the Water Infrastructure Finance Authority (WIFA) in the amount of $4,850,000 to fund Phase I existing system improvements. Funding of approximately $130,000 originally included in the Water capital projects budget for project management and oversight has been reallocated to the salaries and benefits budget to retain 2.5 positions that were recommended for elimination in the Town Manager's Recommended Budget as a cost savings measure. Compensation and Benefits The FY 2009/10 Tentative Budget includes no employee merit, step increase, or cost of living pay raises, although a competitive bid for health insurance resulted in a 2.5% decrease in premiums. There are no significant changes in employee retirement plan contributions for next fiscal year. Capital Improvement Program (CIP) The budget includes several significant capital improvements projects relating to roadways, infrastructure improvements, and historic structure stabilization. The capital budget for FY 2009/10 totals $24.9 million an summarized by fund below: General Fund $ 192,241 Highway Fund 1,200,000 Economic Stimulus Fund 3,000,000 Roadway Impact Fee Fund 5,671,486 Regional Transp. Auth. Fund 600,000 Steam Pump Ranch Fund 943,515 Honey Bee Village Fund 100,000 Water Utility Fund 11,110,000 Stormwater Fund 2,046,600 Total CIP $ 24,863,842 Conclusion Once the tentative budget is approved, it will be published once a week for two consecutive weeks prior to the final budget public hearing and adoption date set for the next regular Council meeting on June 17m. ATTACHMENTS: 1. Resolution No. (R) 09- 28 Adopting the Tentative Budget and Setting the Local Alternative Expenditure Limitation for FY 2009-2010. G:\BUDGET\FY 09-10\Tentative_BudgetCouncComm_6-3-09(2).doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 5 of 5 ATTACHMENTS (continued): 2. Exhibit A—Auditor General FY 2009/10 Budget Schedules a) Schedule A - Summary Schedule of Estimated Revenues and Expenditures/Expenses b) Schedule C — Summary by Fund Type of Revenues Other than Property Taxes c) Schedule D - Summary by Fund Type of Other Financing Sources/ (Uses) and Interfund Transfers d) Schedule E — Summary by Department of Expenditures/Expenses within each Fund Type e) Schedule F — Summary by Department of Expenditures/Expenses 3. Exhibit B — General Fund FY 2009/10 Budget —Town Council Modifications 4. Exhibit C — Highway Fund FY 2009/10 Budget —Town Council Modifications 5. Exhibit D — Bed Tax Fund FY 2009/10 Budget —Town Council Modifications 6. Exhibit E — Public Transportation Fund FY 2009/10 Budget—Town Council Modifications 7. Exhibit F —Water Utility Funds FY 2009/10 Budgets —Town Council Modifications 8. Exhibit G — Stormwater Fund FY 2009/10 Budget —Town Council Modifications 9. Exhibit H — Current Vacant Positions Listing SUGGESTED MOTION: I move to approve Resolution No. (R) 09- 28 Adopting the Tentative Budget for Fiscal. Year 2009/2010 and Setting the Local Alternative Expenditure Limitation for Fiscal Year 2009/2010 in the amount of p121549,343. or I move to . . . .. 4(72, r n / 6/,‘,6. . 4-el kt-46 A Stacey Les Finance Di ector 6,A,4- 0,,,,,,,, David L. Andrews Town Manager G:\BUDGET\FY 09-10\Tentative_BudgetCouncComm_6-3-09(2).doc RESOLUTION NO. (R) 09- 28 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING ESTIMATES OF THE AMOUNTS REQUIRED FOR THE FISCAL YEAR 2009/2010 AS A TENTATIVE BUDGET; SETTING FORTH THE RECEIPTS AND EXPENDITURES/EXPENSES FOR THE FISCAL YEAR 2009/2010; GIVING NOTICE OF THE TIME FOR THE FINAL PUBLIC HEARING FOR ADOPTING THE BUDGET FOR THE FISCAL YEAR 2009/2010; PROVIDING FOR CONTINGENCIES; PROVIDING FOR THE USE OF FUNDS; SETTING THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION FOR FISCAL YEAR 2009/2010; AND, DECLARING AN EMERGENCY. WHEREAS, the A.R.S. 42-17101 requires that cities and towns in Arizona adopt a tentative budget by the third Monday in July of each year; and WHEREAS, the Town Council and staff have met in budget study sessions on April 6th April 8th, April 13th, April 20th, April 22nd, April 27th, April 29th, May4th, May20th and May 27th, 27 , 2009 to review the proposed budget; WHEREAS, adoption of the budget will allow the Town of Oro Valley local government to provide the necessary public services for the health, welfare and safety of its citizenry; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Section 1 That the statements and schedules of the tentative budget for the fiscal year 2009/2010 accompany and be included as part of this Resolution as attached hereto. Section 2 That the statements and schedules herein contained be adopted for the purpose as hereafter set forth as the tentative budget for the Town of Oro Valley, Arizona for the fiscal year 2009/2010. Section 3 That the statements setting forth the receipts, expenditures/expenses and amounts collectible for the fiscal year 2009/2010 accompany and be included as part of this resolution. Section 4 That the local alternative expenditure limitation as noted on the Summary Schedule of Estimated Revenues and Expenditures/Expenses for the fiscal year 2009/2010 be included as part of this resolution. Section 5 That the Town Clerk is hereby authorized and directed to publish in the manner prescribed by law, the estimates of expenditures/expenses, as hereinafter set forth, together with a notice that the Town Council will meet for the purpose of final public hearing and for adoption of the budget for fiscal year 2009/2010 for the Town of Oro Valley, Arizona on the 17th day of June, 2009. Section 6 That money from any fund may be used for any of the appropriations except money specifically restricted by State Law or by Town Ordinance or Resolution. Section 7 That various Town officers and employees are hereby directed to perform all acts necessary or desirable to give effect to this resolution. Section 8 That it is necessary for the preservation of the peace, health and safety of the Town of Oro Valley, Arizona, an emergency is declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED this 3rd day of June, 2009. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Rosen, Town Attorney EXHIBIT A OFFICAL BUDGET FORMS CITY/TOWN OF ORO VALLEY Fiscal Year 2010 4/08 (35 m- O Ln LA 0N. 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U 7 Ev 0 U) O J O F- 0 CL W J O1- E F- H E C < co e• N r) 4 Ln cc; N- CO Q) Oe- N 0 * « i CITY/TOWN OF ORO VALLEY Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2010 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES` REVENUES SOURCE OF REVENUES 2009 2009 2010 GENERAL FUND Local taxes Local Sales Tax $ 13,637,072 $ 12,642,610 $ 13,418,740 Cable Franchise Tax 475,000 475,000 475,000 Licenses and permits Licenses 178,520 178,520 184,920 Permits 1,614,730 1,161,366 1,108,409 Fees 49,000 20,561 20,561 Intergovernmental State/County Shared 10,991,773 10,754,437 9,687,608 State Grants 285,744 161,442 106,000 Federal Grants 717,503 237,936 627,165 Other 650,083 621,783 626,783 Charges for services Reimbursements 207,500 242,015 257,535 Fees 575,820 487,010 559,211 Other 276,641 280,203 222,391 Fines and forfeits Fines 250,000 277,090 286,603 Interest on investments Interest Income 600,000 232,730 232,730 Miscellaneous Miscellaneous 125,000 124,886 125,000 Total General Fund $ 30,634,386 $ 27,897,589 $ 27,938,656 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/08 SCHEDULE C Page 1 of 6 CITY/TOWN OF ORO VALLEY Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2010 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2009 2009 2010 SPECIAL REVENUE FUNDS Highway User Revenue Fund Local Sales Tax $ 2,231,463 $ 2,507,234 $ 1,899,884 Highway User Fuel Tax 3,160,116 2,631,021 2,656,128 Other 217,000 189,300 112,392 Total Highway User Revenue Fund $ 5,608,579 $ 5,327,555 $ 4,668,404 Public Transportation Fund Local Transportation Assistance $ 189,403 $ 176,453 $ 188,544 Grants 106,500 60,000 Other 832,248 847,998 194,900 Total Public Transportation Fund $ 1,128,151 $ 1,084,451 $ 383,444 Bed Tax Fund Local Sales Tax $. 1,639,071 $ 1,228,254 $ 550,181 Other 20,000 13,512 13,512 $ 1,659,071 $ 1,241,766 $ 563,693 Seizure& Forfeitures -State Fund $ 4,000 $ 71,635 $ 178,000 $ 4,000 $ 71,635 $ 178,000 Seizures&Forfeitures-Justice Fund .R . $ 7,000 $ 25,936 $ 279,000 $ 7,000 $ 25,936 $ 279,000 Economic Stimulus Fund $ $ $ 3,000,000 $ $ $ 3,000,000 Impound Fee Fund Fees $ $ $ 60,000 $ $ $ 60,000 Total Special Revenue Funds $ 8,406,801 $ 7,751,343 $ 9,132,541 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/08 SCHEDULE C Page 2 of 6 CITY/TOWN OF ORO VALLEY Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2010 ESTIMATED ACTUAL ESTIMATED 1111160 REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2009 2009 2010 DEBT SERVICE FUNDS Municipal Debt Service $ 5,000 $ 1,859 $ 2,000 $ 5,000 $ 1,859 $ 2,000 Oracle Road Improvement District $ 372,828 $ 375,126 $ 367,203 $ 372,828 $ 375,126 $ 367,203 Total Debt Service Funds $ 377,828 $ 376,985 $ 369,203 CAPITAL PROJECTS FUNDS Alternative Water Resources Development Impact Fees Development Impact Fees $ 632,580 $ 755,000 $ 557,984 Miscellaneous 1,672,360 1,350,300 1,774,000 Total Alternative Water Resources Fees $ 2,304,940 $ 2,105,300 $ 2,331,984 Potable Water System Development Impact Fees Charges for Services $ 800,900 $ 1,659,360 $ 287,504 Other 315,200 136,000 136,000 Total Potable Water System Fees $ 1,116,100 $ 1,795,360 $ 423,504 Niro Townwide Roadway Development Impact Fees State Grants $ 11,811,500 $ 1,218,513 $ 5,919,487 Federal Grants 500,000 34,000 State/County Shared 1,050,000 1,023,470 Development Impact Fees 843,750 412,703 1,051,549 Other 227,000 137,462 74,679 Total Roadway Impact Fees $ 14,432,250 $ 2,826,148 $ 7,045,715 Regional Transportation Authority Local Sales Tax $ 894,750 $ $ 600,000 Total Regional Transportation Authority $ 894,750 $ $ 600,000 Steam Pump Acquisition State/County Shared $ 200,000 $ 88,196 $ 283,515 Federal Grants 450,000 250,000 Total Steam Pump Ranch Acquisition $ 650,000 $ 88,196 $ 533,515 Naranja Town Site Other $ 370,000 $ $ Total Naranja Town Site $ 370,000 $ $ Honey Bee Village Acquisition Other $ 216,186 $ $ 100,000 Total Honey Bee Village $ 216,186 $ $ 100,000 Municipal Operations Center Other $ 20,000 $ 15,295 $ 15,295 Total Municipal Operations Center $ 20,000 $ 15,295 $ 15,295 4/08 SCHEDULE C Page 3 of 6 CITY/TOWN OF ORO VALLEY Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2010 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2009 2009 2010 Parks&Recreation Impact Fee Fund Development Impact Fees $ $ 140,348 $ 202,425 Total Parks& Rec Impact Fee Fund $ $ 140,348 $ 202,425 Library Impact Fee Fund Development Impact Fees $ $ 36,088 $ 52,050 Total Library Impact Fee Fund $ $ 36,088 $ 52,050 Police Impact Fee Fund Development Impact Fees $ $ 26,676 $ 69,833 Total Police Impact Fee Fund $ $ 26,676 $ 69,833 General Government Impact Fee Fund Development Impact Fees $ $ 32,634 $ 119,651 General Government Impact Fee Fund $ $ 32,634 $ 119,651 Total Capital Projects Funds $ 20,004,226 $ 7,066,045 $ 11,493,972 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/08 SCHEDULE C Page 4 of 6 P:11111 CITY/TOWN OF ORO VALLEY Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2010 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2009 2009 2010 ENTERPRISE FUNDS Oro Valley Water Utility Water Sales $ 11,547,900 $ 11,502,100 $ 11,502,100 Charges for Services 553,000 554,200 447,200 Other 275,000 436,831 120,000 Total Oro Valley Water Utility $ 12,375,900 $ 12,493,131 $ 12,069,300 Stormwater Utility Federal Grants $ 900,000 $ 105,718 $ 1,275,500 State Grants 300,000 726,100 Charges for Services 735,000 730,885 740,000 Other 2,096 1,982 Total Stormwater Utility $ 1,935,000 $ 838,699 $ 2,743,582 Total Enterprise Funds $ 14,310,900 $ 13,331,830 $ 14,812,882 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. I kiirr 11610 4/08 SCHEDULE C Page 5 of 6 CITY/TOWN OF ORO VALLEY Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2010 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2009 2009 2010 INTERNAL SERVICE FUNDS Fleet Maintenance $ $ $ Total Fleet Maintenance $ $ $ Total Internal Service Funds $ $ $ TOTAL ALL FUNDS $ 73,734,141 $ 56,423,792 $ 63,747,254 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/08 SCHEDULE C Page 6 of 6 CITY/TOWN OF ORO VALLEY Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2010 OTHER FINANCING INTERFUND TRANSFERS .. 2010 2010 FUND SOURCES <USES> IN <OUT> GENERAL FUND Transfer to Public Transportation Fund $ $ $ $ 302,000 Transfer to Municipal Debt Service Fund 806,025 Transfer to Capital Project Fund 470,000 Transfer to Internal Service Fund 452,612 Total General Fund $ $ $ $ 2,030,637 SPECIAL REVENUE FUNDS Highway Fund $ $ $ $ 431,305 Public Transportation Fund 302,000 100,973 Total Special Revenue Funds $ $ $ 302,000 $ 532,278 DEBT SERVICE FUNDS Municipal Debt Service Fund $ $ $ 1,034,297 $ Total Debt Service Funds $ $ $ 1,034,297 $ CAPITAL PROJECTS FUNDS Alternative Water Resources Dev $ 2,500,000 $ $ $ Steam Pump Ranch 470,000 Total Capital Projects Funds $ 2,500,000 $ $ 470,000 $ ENTERPRISE FUNDS Stormwater Utility $ $ $ $ 43,973 Oro Valley Water Utility 4,850,000 95,323 Total Enterprise Funds $ 4,850,000 $ $ $ 139,296 INTERNAL SERVICE FUNDS Fleet Maintenance $ $ $ 895,914 $ Total Internal Service Funds $ $ $ 895,914 $ TOTAL ALL FUNDS $ 7,350,000 $ $ 2,702,211 $ 2,702,211 4/08 SCHEDULE D CITY/TOWN OF ORO VALLEY Summary by Department of Expenditures/Expenses Within Each Fund Type Fiscal Year 2010 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES* EXPENSES FUND/DEPARTMENT 2009 2009 2009 2010 GENERAL FUND Town Council $ 242,051 $ $ 238,459 $ 237,012 Town Clerk 463,791 412,216 524,020 Town Manager 962,962 940,523 910,736 Human Resources 392,659 360,496 488,000 Economic Development 188,747 75,895 75,649 Finance 864,411 849,540 841,141 Information Technology 1,074,651 1,073,056 1,097,298 General Administration 2,629,696 1,717,558 2,165,064 Legal 994,667 936,732 920,971 Planning&Zoning 1,614,458 1,346,879 1,794,040 Building Safety 1,604,616 1,454,809 1,411,625 Library 1,309,983 1,260,385 1,237,433 Parks&Recreation 2,192,280 2,066,543 1,925,447 Police 13,674,100 13,318,723 12,228,109 Magistrate Court 815,079 749,937 769,183 Development Review 523,225 513,215 522,613 Facilities Maintenance 303,279 297,620 326,948 Contingency Reserve 12,955,313 13,090,582 Total General Fund $ 42,805,968 $ $ 27,612,586 $ 40,565,871 SPECIAL REVENUE FUNDS Highway Fund $ 8,951,158 $ $ 4,982,743 $ 8,306,725 Public Transportation 1,444,302 1,382,667 656,374 Seizures and Forfeitures 449,218 153,471 755,562 Bed Tax 2,117,461 657,124 1,992,528 Economic Stimulus 3,000,000 Impound Fee 100,000 Total Special Revenue Funds $ 12,962,139 $ $ 7,176,005 $ 14,811,189 DEBT SERVICE FUNDS Municipal Debt Service $ 2,745,732 $ $ 1,222,300 $ 1,194,675 Oracle Rd Improvement District 472,941 374,428 464,860 Total Debt Service Funds $ 3,218,673 $ $ 1,596,728 $ 1,659,535 CAPITAL PROJECTS FUNDS Regional Transportation Authority $ 894,750 $ $ $ 600,000 Townwide Development Impact Fees 22,622,777 8,953,621 9,507,471 Capital Asset Replacement 1,000,000 500,000 Steam Pump Ranch 915,811 155,450 1,077,773 Honey Bee Village 216,186 8,229 100,000 Naranja Town Site 49,239,171 258,821 Municipal Operations Center 32,093,830 60,361 5,868,462 Alternative Water Resources 3,156,352 2,748,554 5,376,118 Potable Water System 9,323,704 772,859 10,768,670 Parks&Rec Impact Fee 342,773 Library Impact Fee 88,138 Police Impact Fee 96,509 General Government Impact Fee 152,285 Total Capital Projects Funds $ 119,462,581 $ $ 13,199,074 $ 34,237,020 ENTERPRISE FUNDS Oro Valley Water Utility $ 22,708,931 $ $ 15,652,712 $ 26,516,254 Stormwater Utility 1,963,382 780,041 2,863,560 Total Enterprise Funds $ 24,672,313 $ $ 16,432,753 $ 29,379,814 INTERNAL SERVICE FUNDS Fleet Maintenance $ $ $ $ 895,914 Total Internal Service Funds $ $ $ $ 895,914 3 . TOTAL ALL FUNDS $ 203,121,674 $ $ 66,017,146 $ 121,549,343 *Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared,plus estimated expenditures/expenses for the remainder of the fiscal year. 4/08 SCHEDULE E CITY/TOWN OF ORO VALLEY Summary by Department of Expenditures/Expenses Fiscal Year 2010 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES* EXPENSES DEPARTMENT/FUND 2009 2009 2009 2010 Public Works General Fund $ 826,504 $ $ 810,835 $ 849,561 Highway Fund 8,951,158 4,982,743 8,306,725 Townwide Development Impact Fee 22,622,777 8,953,621 9,507,471 Stormwater Utility Fund 1,963,382 780,041 2,863,560 Regional Transportation 894,750 600,000 Fleet Maintenance 895,914 Economic Stimulus Fund 3,000,000 Department Total $ 35,258,571 $ $ 15,527,240 $ 26,023,231 Water Utility Oro Valley Water Utility Fund $ 22,708,931 $ $ 15,652,712 $ 26,516,254 Alternative Water Resources 3,156,352 2,748,554 5,376,118 Potable Water System 9,323,704 772,859 10,768,670 Department Total $ 35,188,987 $ $ 19,174,125 $ 42,661,042 General Administration General Fund $ 2,629,696 $ $ 1,717,558 $ 2,165,064 Municipal Operations Center 32,093,830 60,361 Capital Asset Replacement 1,000,000 500,000 Steam Pump Ranch 915,811 155,450 1,077,773 Honey Bee Village 216,186 8,229 100,000 Naranja Town Site 49,239,171 Bed Tax Fund 1,432,892 Municipal Debt Service 2,745,733 1,222,300 1,194,675 -per Oracle Rd Improvement District 472,941 374,428 464,860 General Government Impact Fee Fund 152,285 Department Total $ 90,746,260 $ $ 4,038,326 $ 5,154,657 Economic Development General Fund $ 188,747 $ $ 75,895 $ 75,649 Bed Tax Fund 646,587 589,872 500,254 Department Total $ 835,334 $ $ 665,767 $ 575,903 Parks&Recreation General Fund $ 2,192,280 $ $ 2,066,543 $ 1,925,447 Bed Tax Fund 37,983 67,252 Parks&Recreation Impact Fee Fund Department Total $ 2,230,263 $ $ 2,133,795 $ 1,925,447 Police General Fund $ 13,674,100 $ $ 13,318,723 $ 12,228,109 Seizures&Forfeitures 449,218 153,471 755,562 Police Impact Fee Fund 96,509 Impound Fee Fund 100,000 Department Total $ 14,123,318 $ $ 13,472,194 $ 13,180,180 Library General Fund $ $ $ $ 1,237,433 Library Impact Fee Fund 88,138 ,41011110. Department Total $ $ $ $ 1,325,571 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared,plus estimated expenditures/expenses for the remainder of the fiscal year 4/08 SCHEDULE F -0 04, Exhibit B �- �- FY 2009/20 10General Fund �NDED g9 a ..• Beginning Fund Balance - 7/1/2009 $ 14,657,852 ** Revenue: Town Manager Recommended Budget $ 28,461,766 Adjustments per Study Sessions: Single Family Residential Permits Reduction (187,598) Withdraw of COPS Grant (414,000) PCLD Reimbursement Reduction (5,000) Impound Fee Revenue (60,000) Energy Efficiency &Conservation Block Grant 114,200 Increase Cost Recovery for Summer Programs 29,288 Total Adjustments (523,110) New Adjusted Revenue I $ 27,938,656 I Expenditures: Town Manager Recommended Budget $ 28,879,073 Adjustments per Study Sessions: Elimination of 0.5 FTE Court Clerk Position (27,369) Reduction of Collections Budget in Library (10,000) Remove Expenditures for Impound Fees (60,000) Remove Printing Associated with O.V. Vista (65,240) Include Capacity for Conservation Block Grant 114,200 Reduction in Costs for NTS Survey (19,000) Budgetary Savings in Police Department (475,242) Community Funding Reductions (77,787) Fund Sr. Office Specialist position in P&Z 37,439 General Fund Transfer to Fleet Maintenance Division 488,164 Department Related Fleet Maintenance Costs (490,057) Reduction in Council Retreat Costs (4,000) Reduction in Volunteer Recognition Ceremony Costs (3,000) Carry-Forward of FY 08/09 Costs for Historic Inventory & ESLO 21,500 Take Home Vehicle Reduction (35,552) Transfer to Steam Pump Fund 410,000 CIP Decrease (20,000) Debt Service Reduction (130,000) Decrease Subsidy for Transit Fund (20,000) Decrease in Healthcare Premiums (123,972) Carry-Forward of FY 08/09 Costs for Police Sub Station 350,000 Constituent Services Coordinator Added 65,188 No Reclass - Mgmt Assistant (7,118) HR Analyst Added 84,652 No Reclass - HR (4,203) No Reclass - ED (2,967) Sr. Office Spec - Finance Added 48,099 No Reclass - Budget Analyst (3,831) P&Z Director Added 131,180 Zoning Inspection Tech Added 49,325 No Reclass - Conserv Mgr (4,716) Asst. Bldg Official Added 111,288 G:\BUDGET\FY 09-10\Fund Balances 2009-2010_May 20 6/1/2009 Bldg Insp II Added 65,025 Office Spec 38,216 No Reclass - Dev Svcs Dir (6,454) No Reclass - Bldg Safety Admn (4,752) No Reclass - Bldg Inspec Mgr (3,670) Civil Eng Tech Added 59,149 Civil Eng Added 79,381 Customer Service Rep Added 7,627 No Reclass - Library (5,619) Multimodal Planner Added 70,969 Total Adjustments 626,853 New Adjusted Expenditures I $ 29,505,926 Excess/(Deficiency) (1,567,270) Ending Fund Balance - 6/30/2010 $ 13,090,582 To Contingency 44.4% Use of Cash Reserves for One-Time Expenditures: Carry-Forward of FY 08/09 Costs for Historic Inventory & ESLO 150,000 Arroyo Grande Legal &Consulting Expenses 300,000 Temporary Clerical Assistance for Open Enrollment 6,000 Transfer to Steam Pump Fund 410,000 Munis Training for Processing Open Enrollment 4,000 Animal Licensing Feasibility Study 10,000 Carry-Forward of FY 08/09 Costs for PD Substation @ Vestar 350,000 $ 1,230,000 Net Excess/(Deficiency) $ (337,271) ** an estimation and subject to change Adjustments made in May 27th Budget Study Session G:\BUDGET\FY 09-10\Fund Balances 2009-2010_May 20 6/1/2009 O�O J P,LLE Y gR�2o4,� ti Exhibit C FY 2009/2010 Highway Fund '1)vnroEo Beginning Fund Balance - 7/1/2009 $ 4,069,626 ** Revenue: Town Manager Recommended Budget $ 7,733,653 Adjustments per Study Sessions: Single Family Residential Permits Reduction (65,249) Economic Stimulus Funding (3,000,000) Total Adjustments (3,065,249) I New Adjusted Revenue I $ 4,668,404 I Expenditures: Town Manager Recommended Budget $ 7,591,285 Adjustments per Study Sessions: Economic Stimulus Funding (3,000,000) Highway Fund Transfer to Fleet Maintenance Division 203,033 Department Related Fleet Maintenance Costs (210,059) Decrease in Healthcare Premiums (24,330) Construction Mgr Added 87,309 Construction Inspector Added 67,965 Construction Clerk Added 51,176 Sr. Office Asst. Added 43,983 Civil Eng Tech Added 61,288 Total Adjustments (2,719,635) New Adjusted Expenditures I $ 4,871,650 I Excess/(Deficiency) (203,246) Ending Fund Balance - 6/30/2010 $ 3,866,380 ** an estimation and subject to change Adjustments made in May 27th Budget Study Session G:\BUDGET\FY 09-10\Fund Balances 2009-2010_May 20 6/1/2009 OHO.JPL�EY Exhibit D { FY 2009/2010 �. Bed Tax Fund "�VDE�D7;1a 11011110 Beginning Fund Balance - 7/1/2009 $ 1,428,835 ** Revenue: Town Manager Recommended Budget $ 563,693 Adjustments per Study Sessions: Total Adjustments - New Adjusted Revenue _ $ 563,693 I Expenditures: Town Manager Recommended Budget $ 558,254 Adjustments per Study Sessions: Community Funding Reductions: C-Path - MTCVB (48,000) TREO (10,000) Total Adjustments (58,000) I New Adjusted Expenditures 1 $ 500,254 Li:xcess/(Deficiency) 63,439 Ending Fund Balance - 6/30/2010 $ 1,492,274 ** an estimation and subject to change G:\BUDGET\FY 09-10\Fund Balances 2009-2010_May 20 6/1/2009 ,11 -LEY Q-0 4'0 17 Exhibit E .tr . FY 2009/2010 Transit Fund '°UNDEO Beginning Fund Balance - 7/1/2009 $ 71,903 ** Revenue: Town Manager Recommended Budget $ 705,444 Adjustments per Study Sessions: General Fund Subsidy Decrease (20,000) Total Adjustments (20,000) New Adjusted Revenue 1 $ 685,444 I Expenditures: Town Manager Recommended Budget $ 680,919 Adjustments per Study Sessions: Decrease in Healthcare Premiums (5,692) Transit Fund Transfer to Fleet Maintenance Division 100,973 Volunteer Cost Savings (20,000) Department Related Fleet Maintenance Costs (98,000) Total Adjustments (22,719) New Adjusted Expenditures 1 $ 658,200 Excess/(Deficiency) 27,244 Ending Fund Balance - 6/30/2010 $ 99,146 ** an estimation and subject to change .x� G:\BUDGET\FY 09-10\Fund Balances 2009-2010_May 20 6/1/2009 O�O�P,yLEY ■ Exhibit F FY 2009/2010 Water Utility Fund ' OUNDED Ntraterprise Fund Beginning Fund Balance - 7/1/2009 $ 9,692,277 ** Revenue: Town Manager Recommended Budget $ 16,919,300 Expenses: Town Manager Recommended Budget $ 18,056,474 Adjustments per Study Sessions: Removal of Reduction-in-Force Plan for 2.5 FTE's 130,423 Reduction of Inspection Services Costs for CIP Projects (131,000) Reduction in Capital Costs for North La Canada 24" "E" Zone Main (350,000) Water Utility Fund Transfer to Fleet Maintenance Division 95,323 Department Related Fleet Maintenance Costs (92,350) Decrease in Healthcare Premiums (28,131) Total Adjustments (375,735) New Adjusted Expenses $ 17,680,739 Excess/(Deficiency) (761,439) Ending Fund Balance - 6/30/2010 $ 8,930,838 Alternative Water Resource Development Impact Fees Beginning Fund Balance - 7/1/2009 $ 544,134 ** Revenue: Town Manager Recommended Budget $ 5,021,300 Adjustments per Study Sessions: Single Family Residential Permits Reduction (189,316) Total Adjustments (189,316) New Adjusted Revenue I $ 4,831,984 I Expenses: Town Manager Recommended Budget 1 $ 4,973,831 Excess/(Deficiency) (141,847) Ending Fund Balance - 6/30/2010 $ 402,287 G:\BUDGET\FY 09-10\Fund Balances 2009-2010_May 20 6/1/2009 .. .. '. .,.. , _ f., .. c.i ..�'.....a. Pl, Y ....}:.'_ ! i :•..: .:., !2.. �chr Y'�. _x'_ zlt. .9`.'.. y� .. ..... .. �'.. .. .._i6x .ir. ., ,.r.„3".t,.'?'I.., 'S ... _.Y a ... r,x .... •r'.` ...,¢"7� r�', i'.?:: i ��3ut`."� ._ .r....c.: .....� ....-.:x,. .: ._.x'«.r,-* ,.k. ...... -: ..Y .,>; �``a. I'; l t. .,. �r.. -`,i i ,•r>.._ S. ...',Y: "t E�: '-r,e.. Potable Water System Development Impact Fees Beginning Fund Balance - 7/1/2009 $ 10,345,166 ** Itrvenue: Town Manager Recommended Budget $ 521,050 Adjustments per Study Sessions: Single Family Residential Permits Reduction (97,546) Total Adjustments (97,546) New Adjusted Revenue I $ 423,504 Expenses: ITown Manager Recommended Budget l $ 2,554,021 I Excess/(Deficiency) (2,130,517) Ending Fund Balance - 6/30/2010 $ 8,214,649 ** an estimation and subject to change G:\BUDGET\FY 09-10\Fund Balances 2009-2010_May 20 6/1/2009 PO,11).V.LEY qR�O Exhibit G FY 2009/2010 Stormwater Utility Fund Beginning Fund Balance - 7/1/2009 $ 163,951 ** Revenue: Town Manager Recommended Budget $ 2,743,582 Adjustments per Study Sessions: Total Adjustments - New Adjusted Revenue $ 2,743,582 I Expenditures: Town Manager Recommended Budget $ 2,794,605 Adjustments per Study Sessions: Decrease in Healthcare Premiums (563) Stormwater Fund Transfer to Fleet Maintenance Division 43,973 Department Related Fleet Maintenance Costs (41,000) Total Adjustments 2,410 New Adjusted Expenditures 1 $ 2,797,015 I Excess/(Deficiency) (53,433) Ending Fund Balance - 6/30/2010 $ 110,518 ** an estimation and subject to change G:\BUDGET\FY 09-10\Fund Balances 2009-2010_May 20 6/1/2009 VACANCIES AS OF 5-29-09 EXHIBIT H I DEPARTMENT POSITION TITLE l FTE l STATUS I r usavJNOMIC DEVELOPMENT Economic Development Admin. 1.0 Vacant/to be eliminated FINANCE Budget & Management Analyst 1.0 Vacant/ok to fill LEGAL Civil Attorney 1.0 Vacant/to be eliminated Office Assistant 1.0 Vacant/internal candidate to fill 6/1 (from Bldg. Safety) TOWN CLERK Senior Office Assistant* 0.75 Addition of hours available when (increase in hours only) E. Kyrala went to .25 INFORMATION TECHNOLOGY GIS Technician 1.0 Vacant/to be eliminated PLANNING &ZONING Office Assistant* 1.0 Vacant/on hold BUILDING SAFETY Snr. Building Permit Technician 1.0 Vacant/to be eliminated Office Assistant 1.0 Vacant 6/1 Position scheduled to be eliminated. Employee hired to fill Office Assistant in Legal PUBLIC WORKS Streets& Drainage Crew Leader* 1.0 Vacant/on hold Transit Driver 0.25 Vacant/on hold .NSIT Transit Driver 0.25 Vacant/on hold Transit Driver 0.19 Vacant/on hold Transit Dispatcher 0.50 Vacant/to be eliminated Transit Driver(leaving in Sept.) 0.25 Vacant in Sept. '09 LIBRARY Library Page 0.88 Vacant/to be eliminated Office Specialist* 1.00 Vacant 6/29 POLICE Dispatcher* 1.00 Vacant/on hold Records Clerk 0.50 Vacant in Sept. '09 Reserve Officer 0.48 Vacant/to be eliminated Police Officers 2.00 Vacant/to be eliminated PARKS & RECREATION Assistant Pool Manager* 1.0 Vacant/on hold Total positions 18.05 * Positions currently on hold/not scheduled for elimination/ok to fill TOWN OF ORO VALLEY Page 1 of 2 (7.OUNCIL COMMUNICATION MEETING DATE: 06/03/09 TO: HONORABLE MAYOR AND COUNCIL FROM: MARY DAVIS, COMMUNICATIONS ADMINISTRATOR SUBJECT: CONSIDERATION AND APPROVAL FOR FUNDING TO HOST A TOWN-SPONSORED JULY 4TH EVENT SUMMARY: Member Latas requested that staff evaluate the feasibilityof puttingtogether a family-oriented July 4th Council q event to offer as an alternative for the Oro Valley community so residents did not have to drive outside of town limits on the holiday. BACKGROUND Due to funding constraints this year, the Greater Oro Valley Arts Council (GOVAC), which has traditionally sponsored festivities at Riverfront Park for the 4th of July, is unable to put on an event. Instead, GOVAC is working with Citadel Broadcasting on its July 4th concert and fireworks presentation at Rillito Park in Tucson. On May 27, Council Member Latas met with representatives from GOVAC,the Oro Valley Police Department, the Town's Parks & Recreation director, Transit administrator and Communications staff to evaluate if an event ')uld be staged at Riverfront Park and if it could be put together with a month's notice. It was determined that .i{iverfront Park would not be a viable option for this year as many of the ramadas are rented for the holiday with other events, and the cost to stage the event would be extremely high due to the need for shuttles. The Oro Valley Marketplace was determined to be a better option given the availability of parking, food services and other amenities to support an event. Given the short timeframe, an event offering various types of musical entertainment and children's activities could be done with the assistance of GOVAC and Town staff. However, at a minimum, basic staging and other site logistics would need to be rented to support these artists. Other expenses included cost of the entertainment as well as the Oro Valley Police Department services. Also, given that the OV Marketplace is willing to host the event but does not have any funds to contribute in support of the activities, staff is still evaluating the costs of trash pick up and other ancillary expenses associated with putting on a large event. FISCAL IMPACT: After evaluation by the Oro Valley Police Department, GOVAC and the Parks & Recreation staff, it is estimated that the minimum costs to host a small event at the Oro Valley Marketplace would be $15,000- $20,000, with nearly $12,000 of that expense devoted to traffic management and onsite police patrol. The cost associated with the police patrol takes into consideration additional officers needed due to the fact that alcohol consumption will be taking place on this site. TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: 06/03/0° The Hilton El Conquistador, as part of its Economic Development Agreement (EDA) with the Town, would contribute $5,000 towards the cost of a July 4th event, as they have done in ast years. p STAFF RECOMMENDATION: If Council approves this motion, funds could either be taken from previously approved CommunityFunding programs, or added to the amount approved by the Council on May 20, 2009. SUGGESTED MOTIONS: I move to approve ... OR I move to deny... (r/ - ary Davi ' 'runi'ations Administrator David Andrews, Town Manager