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HomeMy WebLinkAbout12/16/2008 Regular Council Meeting Minutes~r~~ ~~~ '~ rar.~. w rrr+... REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 16, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR MEETING CALL TO ORDER AND ROLL CALL. All present except for ice Mayor Kai, who was excused PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA. Mayor Honea asked that all items be considered up through A6, skip A7, then move to items B1 and D1, then to the Executive Session relating to item E4, and then back to A7 and then back to Executive Session items E2 and E3. Moved by Council Member Clanagan, second by Council Member McGorray. Approved 6-0. CALL TO THE PUBLIC. Rheannon Rzucidlo from Marana High School's STAND program asked for support for the after-prom party at Bedroxx related to item C2 on the agenda. David Morales spoke regarding new candidates becoming oriented to the town and advertising through billboards for business and economic purposes. Jason Cann spoke on behalf of the Marana Police Officers Association regarding the reinstatement of Barbara Harris as Assistant Police Chief. He reiterated that the MPOA stands behind the PERF survey from March of 2008 that showed a vote of no confidence from police officers. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea stated that the state put the Twin Peaks interchange out to bid. This has been a 10-year project. The bids will close on January 30 and hopefully in February dirt will move. It will help put people back to work and, tie various parts of the community together and will be a big savings in many respects. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson reiterated support for the Twin Peaks project. He noted that town offices would be closed on December 25, 2008 and January 1, 2009. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA. Moved by Council Member Comerford, second by Council Member McGorray. Approved 6-0. C 1: Resolution No. 2008-165: Relating to Utilities; approving and authorizing the Mayor to execute an intergovernmental agreement with the Town of Oro Valley for water service to the New Life Baptist Church located in Marana C 2: Resolution No. 2008-166: Relating to Community Development; granting Discretionary Funding in the form of Entertainment Credits to the Students Together Against Narcotics and Drinking, a student-run grassroots organization, to support "The After Party", an event to keep Marana youth out of harms way after the 2009 Marana High School Prom C 3: Minutes of the December 2, 2008 regular council meeting COUNCIL ACTION A 1: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile Mayor Honea declared this a public hearing. Mr. Kish stated that the applicant requested continuance to February 3, 2009. Motion to continue the Public Hearing to February 3, 2009 by Council Member McGorray, second by Council Member Clanagan. Approved 6-0. A 2: Public Hearing: Relating to Alternative Expenditure Limitation (Home Rule Option) Mr. Montague presented this as the first of two public hearings for the Home Rule Option/Alternative Expenditure Limitation. He briefly reviewed the elements of the Home Rule Option and why this will be coming to the citizens for a vote in May of 2009. This is a critical measure for any community and especially for growing communities without a dedicated revenue source -relying on stated shared revenues and sales taxes. Without the Home Rule Option, services would be reduced. No action required. A 3: Resolution No. 2008-167: Relating to Real Estate; conditionally vacating and authorizing the Town Manager to execute Deeds of Abandonment for strips of the Thornydale Road publicright-of- way east of the noise walls constructed on the east side of the recently completed Thornydale Road Improvement Project; conditionally authorizing Town staff to proceed with the installation of chain link fencing to secure the area behind the noise walls; and declaring an emergency Frank Cassidy presented this item. He showed photos of the areas in question that would allow the town to install a chain link fence behind the noise walls along Thornydale Road to improve security. Motion by Council Member Comerford, second by Council Member Clanagan. Approved 6-0. A 4: Resolution No. 2008-168: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 -Compensation, Chapter 4 - Employment Benefits, and Chapter 6 -Employee Development; and declaring an emergency . Presented by Suzanne Machain. These amendments were first presented on November 18 at which time some concerns were raised regarding the calculation of overtime in a week where a holiday occurs and the repayment of educational assistance for employees who separate from the town. Also brought back is the issue of FMLA and recent rulings in that regard. She recommends adoption of Chapter 3 as presented. With regard to educational assistance, employees who separate within one year will be required to pay the full amount given. She also brought additional changes relating to Chapter 6, which adds language that once available funds in a fiscal year are expended, no additional funds will be provided, and participation also depends on an employee's good evaluation. Council Member Ziegler asked what the approved tuition fund was. The amount is $20,000 for budget tuition for a fiscal year. Employees may take one or two or up to three classes per semester. Council Member Ziegler expressed her concern. She wanted the 75% reimbursement go to 100%. Ms. Thalasitis noted that no employee has been denied any reimbursement. Council Member Ziegler asked if the amount can be raised to 100%. Ms. Thalasitis said that it could be reviewed in the upcoming budget process. Council Member Clanagan moved to approve, second by Council Member Posh Approve S-1, with Council Member Ziegler voting nay. A 5: Resolution No. 2008-169: Relating to Personnel; approving and authorizing an extension of the terms of the sitting and alternate employee board members of the Town's Personnel Action Review Board; and declaring an emergency Ms. Fairall presented this item. She noted that the employee members' terms expired on December 15, but that there is another hearing that would require a sitting board. Staff is proposing that the extension be granted through this hearing, and staff will be bringing changes to the PARB procedure back to Council for consideration of the process. Moved to approve by Council Member McGorray, second by Council Member Clanagan. Approved 6-0. A 6: Resolution No. 2008-170: Relating to Real Estate; establishing a policy to accommodate Town Supervisory Control and Data Acquisition (SCADA) antennas at no cost on all communication towers erected on property leased from the Town Presented by Frank Cassidy and noted that it was brought back at the request of Council Member Ziegler. This would direct staff as a matter of policy to start off in the negotiations for any tower lease on town property with a foundational statement that we will not move forward unless as part of the deal the SCADA accommodation for the antenna is made part of that deal and that it's free for us to decide to attach to any tower that goes up on town property. Since negotiations for tower leases or for leases of town property are essentially made on a case by case basis, his expectation will be that a person wanting to lease town property will recognize that they need to accommodate the SCADA antenna and will try to reduce their rent for that. He noted that this is a policy statement to accommodate future leases of antennas. Perhaps any negative effects of that accommodation will not necessarily come out of the rental paid for the property. Motion by Council Member Ziegler, second by Council Member Clanagan. Approved S-l. Mayor Honea voted nay. A 7: Resolution No. 2008-171: Relating to Utilities; approving and authorizing the Mayor to execute a Mutual Cancellation of Intergovernmental Agreement and Transition Agreement with Cortaro- Marana Irrigation District and Cortaro Water Users' Association; and declaring an emergency . Presented by Frank Cassidy, noting redlined changes primarily to paragraph 2, which is what Council is being asked to approve rather than what was placed in their packets. He noted references to the exhibits and some corrections on the wording on page 1. The main changes are in paragraph 2. Rita McGuire presented the changes. She is legal counsel for the town on this particular document. It provides for 180 days from date of execution until eventual purchase of CMID wells at the town's sole discretion it wishes to purchase. These are wells that were placed into trust in the 1979 agreement between CMID and the town. She elaborated on the various processes the town could take. The primary purpose of the agreement is to provide for the transition of the wells, for the town to own and operate the wells for the sole benefit of the town. Other provisions are fairly standardized except for enforcement -paragraph 5 - a 50 gallon per minute deed restriction. Paragraph 6 -exportation of water -this is an opportunity for the district to keep track of what the town is doing. Paragraph 7 deals with new wells. It provides an opportunity to exchange information between the parties if a new well is drilled within a mile of an existing well. The town has the right to accept or reject the purchase price. The rest are just technical changes. For clarification, the date of the agreement should be December 16, 2008. There is an error in paragraph 7, second to the last line "the town is sole discretion" needs to be changed. Motion to approve with corrections as presented, and staff is authorized to make the exhibits as presented in executive session by Council Member Clanagan, second by Council Member McGorray. Approved S-0 with Council Member Post having left before the executive session. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2008-172: Relating to Boards, Commissions and Committees; Approving the re- appointments of Bill Ohl and Bob Anderson to the Town of Marana Board of Adjustment. Mr. Kish presented this item for reappointment Moved by Council Member Comerford, second by Council Member McGorray. Approved 6-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Presented by Steve Huffinan who gave an overview of what's happening in the Legislature right now. There is no expectation for having a special session. In January, there will be cuts in the present fiscal year and then in the next fiscal year. In the last two weeks, he has been getting out in the community - meeting with the League and Pima county jurisdictions. Also, Marana participated with local community leaders in making a pitch to major league baseball to preserve the sports authority in the region. The presentation was well-received even though there are challenges based on what's going on in the Maricopa County area. Staff is actively working at the suggestion of the federal delegation to work with state agencies regarding a stimulus package based on prioritizing infrastructure. Council Member Ziegler asked how the town missed out on the list for the economic stimulus package that was in the paper for Maricopa County. Mr. Huffinan noted that part of the problem during the transition from one administration to the next is that there is no official list. Many communities are putting `wish' lists together. There is no real policy on how to put packages together. What is being done is what can be done at this point. He listed the process for putting the priorities together. Congress will then give appropriations to federal agencies, coordinating with the new administration for what projects will get funded. Mr. Davidson noted that items have been submitted for infrastructure CIP projects to the Pima Association of Governments. All community needs will be looked at. The initial list had to meet stringent criteria for asix-month timeline. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. No action required. E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation to consider the Town's position and instruct the Town's attorneys concerning Fidelity National Title Company, as trustee under Trust Nos. 30,199 and 60,104 vs. Town of Marana, et al., Pima County Superior Court Case No. 020082776. Legal staff requests a motion concerning whether or not the Council wants legal staff to actively oppose the developer's request for a stay which would be to asking for the referendum not to happen in 2009 at the primary or general election. Council Member McGorray moved to authorize `no position' on the stay of election with the court, second by Council Member Clanagan. Approve 5-0. E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(4), for discussion or consultation to consider the Town's position and instruct the Town's attorneys regarding (1) a November 14, 2008 claim filed by Cortaro-Marana Irrigation District and Cortaro Water Users' Association (CMID/CWUA) and (2) a proposed mutual cancellation and transition agreement with CMID/CWUA on tonight's agenda . See item A7 above for motion. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT. Moved by Council Member McGorray, second by Council Member Comerford Approved S-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 16 008. I further certify that a quorum was present. elyn C. B son, Town Clerk ~r~~It~~~~,~~~ ~ ~ ~a,® ®a®~vy~a~®~nn pP'`9 ~®r ., d CpRPORATE ~°« y em F- ~: s.~oo .~ r r ~~ ~,/ 'ter°~~qu~ue~~~~~~~ ~~~ ,~~~~ II OtI~~~~~`