Legislature tries to impose costs on towns — don’t pay, council told

The state Legislature has thrown a curveball to Sahuarita by requiring that all cities and towns in the state pay a combined $29.7 million “donation” into the state’s General Fund, the Town Council was told Monday.

Sahuarita’s share would be $48,372, Ken Strobeck, executive director of the League of Arizona Cities and Towns, said during his briefing on the Legislature’s activity during the 2008 session. However, Strobeck said he hoped that legal action under way would negate that provision of the 2009 budget.

“Do not pay if you get a bill from the state,” said Strobeck.

“In the Town of Sahuarita, that amounts to $48,372 that you did not budget for and did not collect taxes for. They would just seize that. We think its a constitutional issue,” Strobeck said.

“Legal counsel advised us that the ‘contribution’ would not stand up to a court challenge because it was unconstitutionally enacted. At the very least such a provision would need two-thirds majority vote in both chambers. The budget passed by a single vote in both chambers,” Strobeck told the council.

Also, the provision was included in an appropriations bill, House Bill 2209, and so the state may have overstepped its bounds in requiring such payments, he said.

“The amendment showed up at 2:30 am. on Thursday, the day before the session adjourned and was presented as a “technical amendment. ‘Don’t worry, just pass it’,” legislators and league officials were told, Strobeck said.

In another last-minute effort to shift costs to local government, the Legislature in H.B. 2462 authorized the Department of Public Safety to start start charging local governments a total of about $7.8 million for lab tests, such as blood and DNA tests at the state crime lab.

Officials have found other funds to cover about two-thirds of that amount since the budget was passed in late June, Strobeck said, but cities and towns are still liable for about $2.6 million in payments to the crime lab, which is part of DPS. No estimate was given for Sahuarita’s share, but if the $2.6 million payment figure is not reduced, it appears the town might have to pay several thousand dollars, depending on how many lab tests are requested.

Strobeck said he found this charge upsetting because police might start choosing between ordering needed tests and saving money, but cautioned that LACT and state officials are working with DPS to solve the problem.

The session also saw home builders win approval of SB 1406, a measure requiring a moratorium on new or increased impact fees, or growth fees, for developments for two years after a plat or site plan is approved.

After what was described as intense political maneuvering, including an effort by home builders to order refunds of fees when the related infrastructure is not completed within five years, the bill was approved but vetoed by the governor. However, Gov. Napolitano said in her veto message that she supported comprehensive impact fee reform next session, which Strobeck said worried him.

Strobeck said the town also will be affected by the Employer Sanctions Bill, HB 2745, which will require town contractors to document that they, employees and employees of subcontractors can legally work in the country.

Town Manager Jim Stahle said, “that bill will cause us a great deal of aggravation in terms of making sure we are in compliance” and Town Attorney Dan Hochuli said he had issued a memo to department heads outlining the requirements.

The Town Council approved by a 5-0 vote the purchase of three Toyota Prius hybrid cars for administrative personnel as well as six of the more familiar Ford Crown Victorias for patrol. Absent were Vice Mayor Phillip Conklin and Town Council member Marty Moreno.

Police Chief John Harris outlined the advantages of the Prius cars, saying they would cost more initially but would save the town even more on fuel costs by the fifth year of use, ultimately proving a cost-saver to the town, and would have a considerably reduced impact on the environment.

Mayor Lynne Skelton asked whether Harris would have trouble fitting his stocky frame in a Prius and the chief said he was quite comfortable in the car.

The Town Planning and Zoning Commission tonight will consider eight General Plan Amendments, including six annexation requests. The meeting starts at 6:30 p.m. at the Town Council chamber in Town Hall.

In other town news, Town Construction Manager Rick Robinson said an an e-mail message that the Public Works Department today plans to set up a flashing safety light for the Great Expectations charter school on La Canada Drive, which will operate during the hours that the school crossing guard is on duty in the morning and in the afternoon. It will be dark in between and on the weekends and after school hours.

The flashing light is solar-powered, as are two electronic speed awareness signs that will be set up today on Nogales Highway north of Old Nogales Highway. The signs will flash the speed of oncoming vehicles when they exceed a predetermined speed somewhat higher than the posted speed limit. They can record the times of day when most speeding occurs and they can be moved around upon the advice of the Police Department as part of an effort to educate the public on safety awareness, Robinson said.

Both projects are expected to be fully operational by Friday and are funded through the Regional Transportation Authority.

Robinson said the projects are in line with requests by the mayor and council to incorporate environmental friendly technology devices whenever possible, adding that the solar-powered speed signs, at $25,000 each, appear to be considerably less expensive than traditionally powered speed displays, which he estimated at about $150,000 each.

“Pima County will be evaluating these installations due to the considerable cost savings ... over the traditional electric supplied power installation ,” Robinson said.

pfranchine@sahuaritasun.com | 547-9738