HomeMy WebLinkAbout04/21/2009 Regular Council Meeting Minutes~~~.,
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REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, Apri121, 2009, 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
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
Motion by Council Member McGorray, second by Council Member Ziegler. Passed
unanimously.
CALL TO THE PUBLIC
David Morales addressed Council as the ethical, moral compass for the town.
Phyllis Farenga addressed Council regarding a questionable mailing regarding a Kelle
Maslyn, a candidate for the Council.
Kelle Maslyn spoke regarding the Comcast Cares Day on Saturday. It is the biggest
event for Comcast nationwide. Their projects will be the Habitat building and cleanup in
Honea Heights. The time will be from 7:30 a.m. - 2:00 p.m.
Dan Post, chairman of the Board of the CMID, CWUA addressed Council regarding the
settlement and resolution of the outstanding issues between CMID/CWUA and the Town.
He thanked the leadership of the town for their efforts in this regard. He hoped the town
and CMID would be able to work as partners on future projects that would benefit both
organizations. Ed Stolmaker reported on sales and sponsors for the State of the Town
breakfast on Friday, Apri124. He also reported on the Chamber's Education Committee
which sponsors Principal for a Day which enables 16 businesses for shadow principals
within the Marana Unified School District and the critical connection between the
Chamber and the school district.
Sharyl Cummings addressed Council regarding enforcement of rights regarding Saguaro
Ranch. She presented a letter dated May 1, 2009. She continued regarding the blocking
of a disputed easement and the resulting actions involving policing procedures. She
concluded by thanking the town and the prosecuting attorney who removed the charges
of criminal trespass imposed by an officer unfamiliar with the issue.
John Stevens spoke regarding the house he bought in Sunflower and the problems he has
encountered with inspections and construction. His concern is with the company that
built the homes and asked for any help that Marana can give to correct that.
PRESENTATIONS
P 1: Presentation: Relating to Personnel; discussion and consideration of proposed
amendments to the Town's Personnel Policies and Procedures; revising Chapter 5 -Work
Rules
Suzanne Machain presented the first read of Chapter 5 the Town's Personnel Policies
related to work rules. She noted that strikethrough versions were not presented because
of the challenge it would have created due to the number of changes. She indicated that
she would point out the substantive changes. Council Member Ziegler asked how she
would be able to determine what the changes are. Ms. Machain responded and said she
would be happy to sit with her and go through each section with her. In the revised
policies there are new sections 5-7 and 5-8. Feedback is still being collected from
employees which will be presented during the second reading of the policies.
Minor and clarifying changes were made to Hours of Work (5-1). Ms. Machain directed
Council through the changes in the slide presentation. With respect to Section 5-6
regarding Personnel Action Review Board (PARB), this procedure was streamlined from
seven steps to four steps. Hearings will beheld in public session unless the PARB votes
to go into executive session. Also addressed are back pay, board composition and the
role of the Human Resources Director. Employees were involved in the discussion
process and some ideas were incorporated with regard to composition. Employees were
in favor mostly of a combined citizen and employee panel and a pool of alternates which
would eliminate a conflict of interest. A survey indicated that out of 14 jurisdictions,
only four have employees on their appeals boards. She then outlined the options
available for Council consideration. Ms. Machain further outlined what disciplines are
subject to appeal. Relative to the Board decision, a recommendation is that the board
decision should be advisory with the final decision resting with the Town Manager.
There was mixed reaction from employees on this topic. Fifty-seven percent of cities
surveyed reported that the Manager was the final arbiter of the decision.
Ms. Machain asked for questions, dialog or direction as to where the decisions will be
made on the PARB composition and final authority. Mayor Honea asked for a synopsis
of the major changes that were made. Ms. Machain agreed to do that. Council
Member Comerford concurred with the Mayor, and asked for the strikeout version. She
also asked for the results of the employee participation. Council Member McGorray
also requested the strikeout version. Council Member Ziegler asked questions about the
process for asking for an appeal of a termination. Council Member Clanagan spoke to
the amount of time that employees are out of their work assignment if serving on the
board. He also asked how many hearings have been held in the past five years. Ms.
Jane Fairall addressed Council Member Clanagan's question.
Motion by Council Member Comerford, second by Council Member Ziegler to direct
staff to bring back Chapter S Work Rules to Council on May 5, and further to direct
staff to provide Council with a "track changes" version of the policy prior to May S.
Passed unanimously. Town Manager Davidson stated that the "track changes" version
would be in the packets for the Apri128 special meeting.
ANNOUNCEMENTS/UPDATES
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Clanagan announced the bicycle Tour of the Tucson Mountains this
weekend and encouraged participation.
Council Member McGorray stated what a good time she and her family had at Marana
Under the Stars in the park.
Council Member Comerford also attended Family Night and said it was a great
evening. With respect to the Parks & Recreation Commission meeting -there are some
exciting things in the plans -she is proud of staff and the commission. There will be a
little change in the 4th of July event. She also attended legislative update at Northwest
YMCA and the Foothills Optimist Club First Responders event at the Stardance Center
where two Marana police officers were honored -Terry Evans and Dan Rowan. She also
attended the Habitat for Humanity grand opening, noting that it was a great day and great
participation. She commended T Van Hook and her staff for a very good event. There
are two slabs down. We need to raise money for the second slab.
Council Member Comerford will form the first team beginning in the fall. She also
attended the CDBG awards ceremony last week where Ora Mae Harn was awarded the
lifetime achievement award for her efforts and the things she started in the town. She
told a short story about the first community food bank building that Ms. Harn brought to
Marana.
Mayor Honea spoke about the LED meeting with Doug Wilson from MUSD. Although
they have financial challenges, the school district is well run. He also went to the First
Responders event and both Marana officers were very deserving. He attended the
legislative event at the YMCA as well as the Marine Memorial at the Marana airport and
went to Estes Elementary and spoke to 104 second graders. On the 17th, the ADOT board
meeting was held in the Marana Council Chambers. The ADOT board approved the
$SOM Twin Peak Interchange project. Many staff deserves kudos, especially Barbara
Johnson, Gilbert Davidson, Keith Brann and Greg Gentz from ADOT. He was at the
Habitat house driving nails. The family getting the house lives in Adonis neighborhood.
The Mayor thanked Ms. Van Hvok and her staff for their efforts. The Mayor stated that
he would like the CAC subcommittee composed of Council Members Ziegler, McGorray
and Comerford to get together to rehab some of the Commissions so that they are
consistent. They will be working with Ms. Bronson and Cedric Hay.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Davidson reported on the Council Executive Report and the Twin Peaks Interchange
project.
TOWN REPORTS
GENERAL ORDER OF BUSINESS
CONSENT AGENDA
Motion by Vice Mayor %ai, second by Council Member Ziegler. Pass unanimously.
C 1: Resolution No. 2009-46: Relating to Water Service; approving and authorizing the
execution of an Intergovernmental Agreement between the Town of Marana and Pima
County for billing of sewer user accounts and provision of water consumption data
C 2: Resolution No. 2009-47: Relating to Liquor Licenses; approval and
recommendation to the State Liquor Board for a Person Transfer of a No. 6 (Bar) liquor
license submitted by Phillip H. Satterfield on behalf of the Gallery Golf Club located at
14000 N. Dove Mountain Blvd
C 3: Resolution No. 2009-48: Relating to Liquor Licenses; approval and
recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor
license submitted by Nicholas C. Guttilla on behalf of Wingstop located at 3662 W. Ina
Road, Suite 110
C 4: Minutes of the Apri17, 2009 regular council meeting
C 5: Resolution No. 2009-51: Relating to Community Development; granting $5,000 in
Discretionary Funding to Arizona Youth Partnership, an Arizona 501 (c)(3) non-profit
organization to support Marana High School's Grad Night, an event offering positive
activities for Marana youth and families
COUNCIL ACTION
A 1: Resolution No. 2009-49: Relating to Finance; authorizing the application for a loan
from the Water Infrastructure Finance Authority of Arizona out of the State of Arizona's
allotment of Drinking Water State Revolving Fund appropriation from the. American
Recovery and Reinvestment Act of 2009 to finance certain water projects
Erik Montague presented this item.
Motion by Council Member Clanagan, second by Council Member Ziegler. Passed
unanimously.
BOARDS, COMMISSIONS AND COMMITTEES
B 1: Resolution No. 2009-50: Relating to Boards, Commissions and
Committees; appointing Jeffrey Adragna to fill the vacancy on the Planning Commission.
Motion by Council Member Clanagan, second by Council Member Ziegler. Passed
unanimously. The Town Clerk gave Mr. Adragna the Loyalty Oath.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before
the Legislature . No report.
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 possible acquisition of
certain water infrastructure and accounts and water rights and/or resources
E 3: 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.
FUTURE AGENDA ITEMS
By Council Member Comerford to bring back a Council Code of Conduct; Vice Mayor
Kai noted that Ginny Huffinan, chair of the Affordable Housing Commission would like
to make a report at the next regular Council Meeting.
ADJOURNMENT
Motion by Council Member McGorray, second by Council Member Posh Passed
unanimously.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council meeting held on April 21, 2009. I further certify that a quorum was present.
celyn C. ronson, Town Clerk