Loading...
HomeMy WebLinkAbout08/15/1995 Regular Council Meeting MinutesPLACE AND DATE Marana Town Hall, August 15, 1995. I. CALL TO ORDER By Mayor Ed Honea. Time: 7:03 PM II. PLEDGE OF ALLEGIANCE Led by Mayor Ed Honea. III. INVOCATION Led by Mayor Ed Honea. IV. ROLL CALL .COUNCIL Ed Honea Sharon Price Tom Clark Ora Mae Harn Sherry Millner Herb Kal Bobby Sutton Jr. STAFF Hurvie Davis Dan Hochuli Sandra Groseclose Brad DeSpain Jerry Flannery John Siath 18 members of the Public Mayor Vice~Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Town Attorney Town Clerk Utilities Director Planning Administrator Town Engineer V. APPROVAL OF AGENDA A motion was made by Sharon Price, seconded by Tom Clark and carried unanimously to approve the agenda as written. VI. ACCEPTANCE OF MINUTES Council Member Harn stated that she was on vacation during these meetings and will not vote. A motion was made by Sharon Price, seconded by Herb Kal and carried unanimously to approve the minutes of the Regular Council Meeting of August I, 1995 and Special Council Meetings of July 20, 1995 and July 27, 1995. VII. CALL TO THE PUBLIC Robert Chamberlin, 7712 N. Redwing Pl. Tucson, AZ: Mr. Chamberlin talked to Council about Joiner Road which is located at the south end of Thornydale Road. It is a one way street going west, anyone coming off of Old Casa Grande Highway has got to go and join traffic. It is designed as a two way road and it was changed for some unknown reason. He feels that it should put back to a two lane road. Ora Haru: She would like to ask Council and Staff to prepare a list of names and addresses that they would like to have invited to the V.I.P. Breakfast on Founder's Day. She needs this information as soon as possible. Mayor l-lonea: Tomorrow morning at 7:00 a.m. is the Chamber Breakfast, anyone who wishes to attend is welcome. VIII. STAFF REPORTS On file at the Marana Town Hall Ora Harn: Council Member Haru made a comment that she appreciated the colored chart that was included with the Court's report. VIII. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 95-48 - lnter~iovernmentai Agreement between the Town of Marana and Pima County for management and implementation of the Community Development Block Grant Program. 2. Resolution No, 95-49 - Revised agreement and amended By-laws between the Town of Marana and Arizona Risk Pool. A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to approve the Consent Agenda, adoption of Resolution No. 95-48 and Resolution No. 95~49. B, DISCUSSION OF FIRE SERVICES FOR THE TOWN OF MARANA 1. Potential for a Volunteer Fire Department 2. Leasing of Twin Fire Equipment and Vehicles 3. Collaborations with established Fire Agencies Hurvie Davis: This item was placed on the Agenda primarily due to a request from the representative of the Adonis Homeowner's Association, for the potential of leasing one of the Town's fire engines. The Adonis Homeowner's Association has been working very diligently to provide their community with improved services. After Mr. Davis was approached on this issue he contacted Mr. Hochuli to have him do some research. He researched the issue and there is a memo in the packet talking about a number of issues, particularly liability. He was unable to contact the representative that approached Mr. Davis with this issue for the last week or so to let him know it was on the Agenda. He was able to get a hold of the Association's president today, Mr. Buck Cox. He indicated that they still have an interest but once they talked to their insurance carrier, they indicated it would be fine if they want to get the engine and take over that. But as soon as they would do that their insurance would be canceled. They still have the interest but they cannot at this time accept the liability. The broader issue of fire protection in the Community is another issue. This item has been on the Agenda several times and we discussed a number of issues, but we have not been able to move ahead. There has been a lot of interest in the last few months on this issue. The south end of the Community is primarily served by Northwest Fire District, a small portion is also served by Rural Metro Fire Department. Part of the north end of Town is served by Avra Valley Fire District. Mayor Honea: Flowing Wells Fire District also has a small area within the Town. Hurvla Davis: There are a number of agencies that provide fire protection and emergency medical services in portions of the Town. This issue is a very tough one to deal with. How do we fund fire protection to the portions of the Community that are not in a fire district. Ideally you would want to provide the same level of any public service throughout the entire Town. We know that is just not true on any level of service, but that is what you try to achieve. But some parts of the Community require more services in a particular area than other parts. He has asked different fire agencies he has talked with to feel free to present any ideas they may have to the Town. Mayor Honea: People in the Continental Ranch have fire service through the Northwest Fire District, the northern half is basically without fire protection. It is his feeling that there will be some sort of organized fire protection in the northern end of the Town in the not to distant future. We have talked about several different ways to do it. With Council's permission he would like to have a representative from each of the fire departments that are in attendance tonight give Council a brief overview. Chris Fendleton, Rural Metro: He went over the report that was included in the Council's packet. Ora Ham: How many contracts for fire protection does Rural Metro have inside the Town of Marana. Chris Pendleton: We service a large portion of some of the undeveloped areas. Rural Metro has been in Pima County since 1962 and we have been proud to service the Town of Marana. We believe that there are solutions to the fire protection issues. We are willing to work extremely hard with the Council to develop these solutions. Ora Harn: What would be the response time for their department on the north end of Marana. chris Pendleton: There would need to be a facility located within the Town, we would work with the Town on this issue. Mayor Honea: We have talked to Rural Metro about probably looking at a minimally manned station actually located in north Marana. Chris Pendleton: We could probably have a station up and running by mid October, all the systems are already in place. Doug Igmans, Assistant Chief, Northwest Fire District: We at Northwest Fire have opened up a dialogue with the Council and Mr. Davis. We have been trying to assist the Town for some time in making this decision. This decision pretty much lays out the future for the Town of Marana, we want to be a part of that. We currently service the south end of Town and are quite busy in that area. We have made ourselves available to the Town and would like to be a part of the solution to this issue. Hurvie Davis: Can a fire department operate outside of their fire district. Doug Emans: He would have to look at the legal aspects of this. Other fire districts frequently contract their services out. Barry Gerber, Chief of Avra Valley Fire Department: We have been serving the north Marana area for the last three years and have enjoyed doing so. We hove tried to work with the Town to provide fire protection and EMS services, and we wish to continue that. We did supply a program approximately one and a half years ago, but that would need to be brought up to date. Charles Hay, Chief of Picture Rocks Fire Department: Picture Rocks Fire District is directly south of the Marana town limits. We are willing to help Marana in any way possible. This fire district was started because of the death of two small children who died in a fire because of lack of fire services. Ora Ham: Has Council looked at letting the north part of Marana form a fire district. A few years ago she visited the City of South Tucson's Fire Department and a lot of their equipment had been bought with CDBG funds. Mayor Honea: We are trying to come up with some way to have an organized group. We need to talk with people in the Community. Possibly the best thing to do would be to form a district and then someone could provide the service. He has not heard from anybody on the Council about the Town possibly forming a municipal fire department. He personally docs not think the Town should, but he would like to have fire protection for everybody in the Community. We have talked about it for a long time and we need to do it. He is going to be talking to some officials from Flowing Wells Fire District some time next week on a related matter. Ora Harn: If something happened and lives are lost this Council is really going to be under the gun as far as what was done regarding fire protection. This is an issue that needs to be resolved. Bobby Sutton, Jr.: In talking to the people in different areas of the Town this is the first issue on the list. Mayor Honea: We need to move on this issue. We have had excellent service from Avra Valley and Northwest. There are a lot of people interested in either actually performing service or helping the Town set up the services needed. Dan Hochuli: In answer to the question earlier, a fire district can contract for services outside its district. There are a few options to select from, one would be to form a municipal fire department. If we form our own fire department there would be more problems, if it is contracted we have liability but the management problems are with the service being contracted. From a liability stand point he would be hard pressed to recommend a municipal fire department to the Council at this point. The liability is so great and the insurance is extremely expensive. The fire districts now can be expanded, that is something the Council does not do. The Council has a passive role in that if north Marana wanted to form a fire district, the Council doesn't form it, a group of citizens do. Because it is within the Town boundaries the Council could deny it, but short of that tile Council does not form it. Once the district is formed, they establish a fire department or contract with someone else. Another possibility would be for the Town to work with one of the fire departments to provide fire services to north Marana out of the General Fund. The Council may decide to balance that against some of the residents of the Town who are not going to be happy about General bund money being spent. It is becoming obvious to everyone in Pima County that Marana is starting to be a big entity to deal. Some fire department may not make a lot of money now, getting their foot in the door early on is going to make that department considerably more money when more development takes place. It's probably an easier thing for Rural Metro to handle than it is for Northwest for example and the reason is Rural Metro is a for profit corporation. Northwest Fire District is a district, this includes taxpayers money which is harder to spend, there are more limitations. Possibly Council would like to direct Staff to look further into this matter rather than forming a committee. Mayor Honea: Can you form a municipal fire department in only a portion of the Town. Dan Hochuli: He does not think that this can be done, it may be an all or nothing proposition. 4 Ora Harn: When we reviewed this issue sometime back it was her understanding that the Town could not even take over anybody else's fire district unless they could provide equal or better service to the people in that district. Dan Hochuli: He does not remember that in that statute, but he would have to look into that. He recalls that the formation of a municipal fire department would automatically oust them, he is not certain. From a liability stand point if we can provide equal or better service than a fire district he would be the one saying that the liability would be extraordinary. Ora Ham: She would like to suggest that Staff look further into some of these issues. She would like permission to ask a number of people she comes into contact with if they would be interested in forming a fire district within the Town. If all the issues were put side by side that would be the more equitable way to do it, if the citizens were willing. Mayor Honea: There is not enough money at this end of Town. We would have to provide some support to at least get it started. Sharon Price: Vice Mayor Price hopes that the Council Members will get out and accept some of the invitations from the fire districts and tour their facilities. Iturvte Davis: He has some ideas on this issue that he would like to explore. He would also like to say that in having this item on the agenda, he did not invite any specific fire agencies. We are very fortunate to have Mr. Hochuli as the Town Attorney, he has represented fire districts and he knows a lot on this issue. He would also like to compliment all the fire agencies in attendance tonight, they were all present at the large accident involving the dust storm. An outstanding job was done by all agencies involved and they should be commended. Mayor Honea: He directed Mr. Davis to research the matter further. We would like to try. and expedite this as soon as possible. Hurvie Davis: We did not budget for this type of service, however we do have the Contingency Fund that would hopefully address this issue for the remainder of the year. Ora Harn: Council Member Ham also thanked the different fire agencies for coming tonight. C. APPOINTMENTS to Marana Water Utility Advisory Committee Brad DeSpain: This Committee was appointed at one time, but most of the members' terms have expired. The Town Council is responsible for the appointment of the members of this Committee. It is a five member committee, two of which will be residential customers, one commercial, one agricultural and one which would represent CMID. The Committee would be responsible to report to Town Council with an annual report on or before March 1, the minutes would also be filed with the Town Clerk for each meeting. There is a limitation of powers which is described in the memo in CounciI's packet. We would recommend that this Committee be organized and become functional to help Council and Staff to proceed with putting the water utilities in order. Robert Condit has been asked to serve, representing the Cortaro Marana Irrigation District and Cortaro Water User's Association. Mr. Ray Honea would serve as one residential customer, Mrs. Betty Horrigan would serve as commercial representative, Mrs. Lynch would possibly serve as the other residential representative. Mr. Clay Parsons would serve as the agricultural representative. The Water Utility Director would serve as ex-officio on the Committee. A motion was made by Ora Harn, seconded by Tom Clark and carried unanimously to accept Mr. DeSpain's recommendations for members of the Water Utility Advisory Committee. Bobby Sutton, Jr.: Should anybody from the Continental Ranch area be included on this Committee. Brad DeSpain: At this point in time Continental Ranch is served by Tucson Water. Hurvie Davis: This Committee has been in existence for some time. With the issues facing us now, this is a very important committee. Brad DeSpain: We will get a schedule out of when they will meet. D. RF_~OLUTION NO. 95-47 - Acceptance of Silverbell Road, CoachIine Boulevard and Twin Peaks Road for maintenance as part of the Town's roadway system. Hurvie Davis: Over the last several years we have been acquiring the right of way for the new Silverbell Road and vacating portions of the old Silverbell Road. At this time we do have ali the ownership to Silverbell Road, Coachline Boulevard and Twin Peaks Road. We entered into an agreement with Southwest Value Partners that indicated when they did the improvement to those roadways, if they were acceptable to our standards, we would accept those roadways for maintenance. And within two years of that date we would accept that landscaping as well. We have not done that, it is now time for the Town to assume the maintenance responsibility. He contacted Southwest Value Partners because we did a last minute inspection of the roadways and we did ask them to restripe those three roads; and also to correct two pavement failures that we have, one on Silverbell Road and another on Twin Peaks Road. We would recommend that we accept the maintenance responsibility, conditional on those improvements being made. We would not accept the landscaping at this time. He received a letter from Southwest Value Partners agreeing to that, they would do the corrections needed. A motion was made by Bobby Sutton, Jr., seconded by Sharon Price and carried unanimously to adopt Resolution No. 95-47. Herb Kal: He would like to have the Town's intentions clarified. Do we want to accept the landscaping responsibility if it's up to grade or are we not interested in accepting it period. Hurvie Davis: We are not interested in accepting it at this time, we're not really interested in accepting it at any time. But we have an obligation at some point in time to do so. Mayor Honea: Part of the Specific Plan for Continental Ranch requires the Town to take the landscaping. Ora Harn: One of the agreements made is that the landscaping would be changed to low maintenance landscaping. Sharon Price: We are constantly trying to reduce the amount of water and the greenery that is going in so it would be more acceptable to the Town when the time comes. E. DISCUSSION Of the Town of Marena Organizational Structure and Revision Personnel Policy and Procedures Manual. Hurvie Davis: The Town's Personnel Policy Manual says that the Town Manager should be the Chief Executive Officer of the Town. The time has come in his opinion to look at a more organ/zed structure. The state law says that the Town Council shall appoint all the officers of the Town, the Town Attorney, Town Clerk and Town Engineer. The Personnel Policy Manual says that the Town Council shall appoint ali Department Heads. In looking through the records we were able to find two old organizational charts. Mr. Hochuli researched those charts and could not find where either had been formally adopted by the Town Council. We have in the budget this year the hiring of a human resources officer, which is funded for six months. Mr. Davis went over the chart with Council to show the different breakdowns for each Department. Regarding the Police Chief, he is currently appointed by the Town Council, he would suggest that that position be appointed by the Town Manager, but it could be done in concurrence with the Town Council. He would recommend this organizational structure, it would serve the Town well. Mayor Honea: He basically agrees with the organizational chart. But he thinks that the Town Manager should be up where the Council is at and the Council should be up one more level. In order to have a smooth running organization, everybody has to answer to someone. Although the Court has specific dealings with the law, which none of us can interfere with, including the Council, as far as staffing, requests for funds, administrative dealings, they should be under the Town Manager. The Town Attorney, although available to the Council at any time, 90% of the attorney's duties are on routine matters. The Town Manager should be above the Magistrate, Town Attorney and the Town Clerk. We have several departments in which the Manager or the Council cannot interfere, the Police Department is the prime example. We need a strong Town Manager position and all Town Staff should answer the Town Manager. Tom Clark: He agrees with Mayor Honea. The Town Manager should be above the other three listed, and right below the Town Council. He would feel comfortable getting input from the Town Manager on the people that are appointed to some of these positions. Dan Hochuli: State law requires Town Council to appoint three officers, they are called officers, in Marana they are the Town Clerk, Town Engineer and the Chief. Those three people are appointed right after the election, must be appointed by the Town Council, must be contracted for two years and their salaries cannot be messed with during the term. The Court is under a different set of statutes, it is a two year term of office, but by Town ordinance Marana has made that a three year term. We passed an Ordinance when we adopted the Policy Manual that said we are going to make more people Town Officers. If the Police Chief is a Town Officer, how can he report to the Town Manager. State law does not say who they should report to, it just says who they are hired by. There is nothing stopping the Town from saying these people are going to appointed by the Town Council for a two year term, but they are not going to report to the Town Council, they could report to the Town Manager. Just because they are officers does not mean that we cannot do what was suggested by Mayor Honea or Council Member Clark. Although the Courts could report to the Town Manager, there are some strong restrictions. The case law is very clear, they do not want administration messing with the judicial branch. Mayor Honea: If you raise the Town Manager, you could still have a dotted line to the Courts or something. What difference does it make if they were under the Town Manager or the Council, neither has certain controls over them. We should appoint the three people mandated by law. Mr. Davis could give personnel recommendations to Council on these officials. Hurvie Davis: Under the Personnel Policy Manual it says the Town Manager shall have the authority to review, approve, reject or modify as appropriate all recommendations from Department Heads regarding the hiring, promotion, demotion or discharge of each employee subordinate to those Department Heads. This subsection shall not apply to the personnel of the Magistrate Court, who shall come within the sole discretion of the Town Magistrate. The employees in the Court are regular Town employees, they can transfer to other Departments. The Court employees should be subject to the same administrative review as all other Town employees. Regarding the Police Department, we do have a 7 responsibility and authority to oversee the Department, in terms of what the policies are in regards to administration. Dan Hochuli: We can formulate Town policies, a personnel manual that would apply to all employees of the Town, including the Court Staff. But the direct management of that Department must fall under the Magistrate. Another issue he would like to address is the position of Town Attorney. The Town Attorney negotiates agreements for the Town, if he deals with the Town Manager on that, the Council to a great extent will not know about a lot the negotiations. Mayor Honea: The Town Manager can be removed if he does not do as the Council asks, and that can be done in 14 days. Bobby Sutton, Jr.: Could there be an organizational structure for legal appointments and then one for administrative, which would show what route issues go. Hurvie Davis: If you take the existing situation with Mr. Hochuli's contract, there is a solid line going to the Town Manager and to the Town Council. Sharon Price: There are some things that the Town Council may want to go directly to the Town Attorney, not through the Town Manager. Ora Harn: Regarding appointed officials, Council could ask the Town Manager to give a performance review of these people. She always sees Mr. Hochuli working through Mr. Davis. She is very pleased with the organizational chart that Mr. Davis has put before Council. Dan Hochuli: The Council brought up a point that he wants to make. He has no problem being anywhere under Mr. Davis. Mr. Davis is good to work for, and he knows that when he works with him it is the direction that the Council would also want. You need to design an organizational chart as a last resort, something that will fall into place when you have "bad" people there. When you have good people they work for the benefit of the Town. Hurvie Davis: We need to put this in place and have it adopted by the Council. He would like direction from Council. Dan Hochuli: The Personnel Policy was adopted by Ordinance which makes it a law. If we adopt an organizational chart by Resolution, it makes it less than an Ordinance. This would create a conflict. Mayor Honea: We need to give Mr. Davis direction so he knows what lines to follow in creating the new Personnel Policy. Dan Hochuli: If Council is in favor of the general proposal by Mr. Davis his office will work with Mr. Davis on an amendment to the Personnel Policy Manual that would incorporate this organizational chart and some other changes which would comply to the chart. Tonight there could be direction to Mr. Davis and then we could go back and prepare some modifications to the Manual. Sharon Price: She does not object to it, except with the Town Attorney. She feels that he needs to be in a situation where Council can talk to him without going through the Town Manager. Mayor Honea: The Town Attorney answers directly to the Town Council and indirectly to the Town Manager. A motion was made by Bobby Sutton Jr., seconded by Tom Clark and carried unanimously to direct Town Staff to make the necessary changes to the Town Personnel Policy and bring back before Council for review. F. ORDINAI~CE NO. 95.19 - Declaring as a public record adoption of a new starting time for Town Council Meetings. {Continued from August 1, 1995 Council Meeting[ Hurvie Davis: He feels that perhaps a 6:00 p.m. starting time could accommodate the general public. From the Staffs point of view we are here to serve the business of the Town, and that business is the Council Meetings. He does not have any strong arguments either way. Ora Ham: She would strongly oppose a new starting time of 6:00 p.m., it would be difficult for her. She is willir~g to go along with Council, if it is easier for Staff and Council. Bobby Sutton, Jr.: He was originally in favor of moving it to an earlier time. This time would be tough for him as well as some other Council Members, this may cause members of Council to arrive late. Herb Kal: He is flexible either way. Tom Clark: He does not agree with a 6:00 p.m. start time, it does not fit in with his work. Sherry Millner: She would like to have them start earlier so they could end earlier. As we grow we may need to have different hours or Council could be meeting even later into the night. Mayor Honea: He thinks it is more fair to the Staff to have an earlier starting time. Staff gets off at 5:00 p.m. and have to wait until the Meeting starts at 7:00 p.m. Sherry Miilner: Possibly we could have one meeting at 6:30 p.m. and one at 7:00 Mayor Honea: If you start changing the hours people are not certain as to when the meetings would be starting. Bobby Sutton, Jr.: Could we possibly try a 6:30 p.m. start time for a three month period. Sandy Groseclose: The start time does not make any difference to her, whatever works best for the Council. Hurvie Davis: Either start time is fine with him. Dan Hochuli: This issue is more appropriately addressed by the Council and public rather than Staff. A motion was made by Sharon Price, seconded by Sherry Milluer and did not carry, with Mayor Ed Honea, Council Members Sherry Millner, Tom Clark, Ora Ham and Herb Kal voting nay to adopt Ordinance No. 95.19. G. PIMA ASSOCIATION OF GOVERNMENTS' REGIONAL COUNCIL AGENDA {PAG} Discussion and input from the Marana Town Council on items on the PAG Regional Council's Agenda. Ora Ham: Mr, Davis and Council Member Harn have been meeting with the Committee to talk about the improvements on Tangerine Road. They are setting up a meeting with Supervisor Mike Boyd and she would like to come back to Council after the meeting on this item. Mr. Davis will also be meeting with our representative from ADOT. 9 H. Mayor's Report Mayor Honea: Since the last Council Meeting he has attended a meeting on Founder's Day and toured the Avra Valley Airport. On August 4, 199S Mayor Honea attended the dedication of the Town entry sign and to congratulate the kids who worked on the project. On August 8, 1995 he, along with Mr. Davis, met with Chuck Rucker who is the President of the Orange Grove Mobile Home Park Homeowner's Association. These individuals are very interested in becoming part of the Town. He also attended the Business Advisory Committee Meeting on August 8, 1995. There was an Annexation Task Force meeting on the 9th at the Town Hail. It was a very fruitful meeting, this information will come to Council at the annexation meeting we will be having. On August 10, 1995 he went to the MTC to speak at their G.E.D. graduation and also took a tour of the facility. Also on August 10, 1995 he toured Rural Metro's facilities along with Mr. Davis and Vice Mayor Price. August 14, 1995 Vice Mayor Price, Mr. Davis, Mr. DeSpain and the Mayor met with Mr. Carl Winters in regard to the Granite project. There has been a request for a reconsideration on that issue. Town Manaller's Report Hurvie Davis: On the MTC issue, the Town is still taking advantage of the crews in assisting with clean up. Earlier today Mr. Davis and Mr. Flannery met with a property owner in the Tangerine/Camino de Oeste/Camino de Mafiana area who is interested in annexation. He has the controlling interest in about 70% of a section in that area. Several other property owners in the area are also interested. Yesterday he met with Jim Munson from the Sportspark, he indicated that there were over 6500 people at the July 4th Celebration. He gave Mr. Davis a rebate check for $2,500.00, only the adults paid for entry. We discussed next year's plans as well as the problems involved with this year's event. He wanted to know whether the Town would be interested in participating again next year. Over at the recreation center there is a problem with the septic tank and John Siath is looking into this. He attended a luncheon with GTEC and the Arizona Department of Commerce, it was a pretty good session. New contacts were made and the Town was well represented. He has a meeting tomorrow with ADOT and Pima County on replacing the bank protection on the Cortaro Road bridge. IX. FUTURE AGENDA ITEMS None X. ADJOURNMENT A motion was made by Sharon Price, seconded by Herb Kai and carried unanimously to adjourn. Time 9:50 p.m. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE. CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Regular Council Meeting of the Marana Town Council held on August 15, 1995. I further certify that a quorum was present. I~'_,C'~OSE, TOWN CLERK 10