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HomeMy WebLinkAbout06/16/2009 Regular Council Meeting Minutes•' ~ ~~A~A ~~~~ Tf%MK. 49 Mm. R.a i..t REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 16, 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 COUNCIL MEETING CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Honea at 7:01 p.m. The Town Clerk called roll with all present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA As amended, motion to approve moved by Council Member McGorray, second by Vice Mayor Kai. Item C 1 was moved to the June 23 meeting. Motion carried unanimously. CALL TO THE PUBLIC David Morales spoke to the Council using excerpts from the Gettysburg Address. He then broke the words down for the Council, emphasizing OF the people as it related to the Council. The key word being FOR the people. He then read from a paper he wrote dating back to 1991 when he had served on the Council, with particular emphasis on three questions that were placed on the ballot during his tenure -relating to annexations, relating to water and relating to sewer. He then referenced that he had left a copy of this paper for each Council Member. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray reminded everyone of the Cotton Blossom Thrift Store grand opening next week, June 24. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson advised that the Council Executive Report for the past two-week reporting period was in the Council packet and submitted for adoption into the proceedings. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Council Member Clanagan acknowledged that Item C 1 had been removed from the agenda, but he felt a need to speak on that issue. He expressed his displeasure that Council would consider appointing a former Council Member to this position given his past arrest record and that he would be in a position of having anything to do with the Police Department at least until he is able to comply with the laws of the state of Arizona. Motion to approve moved by Council Member Clanagan, second by Council Member Ziegler, minus item C 1. Motion carried unanimously. C 1: Resolution No. 2009-90: Relating to Boards, Commissions and Committees; approving the re-appointment of Tim Escobedo to the Marana Public Safety Personnel Retirement System local board This item was removed to the June 23 agenda. C 2: Resolution No. 2009-91: Relating to Employment; approving and authorizing the Mayor to execute a First Amendment to the Employment Agreement with Town Manager Gilbert Davidson C 3: Minutes of the May 21, 2009 regular council meeting and June 2, 2009 regular council meeting COUNCIL ACTION A 1: Resolution No. 2009-92: Relating to Development; approving and authorizing a temporary use permit for a fenced storage yard with security trailer on a vacant lot at 4863 W. Massingale Road Presented by Lisa Shafer. The temporary use permit is for nine months but can be extended to one year. Most of the developer's work is being done in the northwest at this time which would make this an ideal location for them. Council Member Comerford asked for clarification on the primary route. Motion to approve moved by Council Member Ziegler, second by Council Member Clanagan. Motion carried unanimously. A 2: Resolution No. 2009-93: Relating to Mayor and Council; cancelling the July 7, 2009 regular Council meeting There was no discussion. Mayor Honea asked for a motion. Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried unanimously. A 3: Resolution No. 2009-94: Relating to Mayor and Council; adopting Council Computer Equipment and Software Policies regarding the issuance and usage of town computer equipment, software, peripherals and Internet access; and declaring an emergency Presented by Mr. Davidson as standard procedure as part of the strategic plan for enhancement and transparency for government operations as a key initiative under progress and innovation -the use and procedures and issuance of equipment for elected officials. Historically, there has not been a policy and over the years different items have been given to different Council Members for them to be able to do their job and this way we are able to standardized and make sure that as new individuals are elected, we have a standard procedure in place. Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a unanimous Roll Call vote. A 4: Resolution No. 2009-95: Relating to Ethics; approving the Town of Marana Code of Principle and Ethics-Centered Governance; and declaring an emergency Presented by Mr. Davidson as an overarching statement of policy and direction to clarify existing laws, town policies and ordinances. He highlighted that about two years town staff undertook an initiative to form a working group to form an employee code of ethics, integrating ETHICS -Excellence, Teamwork, Honesty, Integrity, Community and Service as the acronym and noting that this is a continuation of that effort to guide decision-making for elected officials and members of boards and commissions appointed by the Council. Council Member Ziegler made a statement regarding the need for a code of ethics, but congratulated Mr. Davidson and Deb Thalasitis on their work for making this more of a governance document that would apply to all bodies, including commissions. Motion to approve moved by Council Member Ziegler, second by Council Member McGorray. Motion carried by a unanimous Roll Call vote. A 5: Relating to Mayor and Council; selection of Vice Mayor Presented by Jane Fairall. Motion by Council Member McGorray to appoint Herb Kai as ice Mayor. Second by Council Member Comerford. Motion carried unanimously. Vice Mayor Kai thanked the Mayor and Members of the Council. BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Annual presentation to Mayor and Council on the activities of the Affordable Housing Citizen Advisory Commission Ginny Huffman, chair of the commission gave an annual report, noted the members of the commission and reported on the work they have done, are doing, and the money they are raising - $2700 toward the $5000 goal for the second house for the Habitat project. She presented the work plan for the coming year including Honea Heights redevelopment and Marana Builds Habitat projects and a comprehensive housing plan. She also noted the efforts of T. Van Hook to get grant money and move the projects forward. She noted that there are three commission vacancies and two alternates vacancies on the commission and are looking for appointments from the Council to fill those positions. She asked Council to fill those positions so that the commission can continue to move forward with the momentum they have achieve and given them ability to explore new options for new projects. She noted that the commission would continue to be a conduit between the public and the Council for existing and future plans as well as provide policy recommendation for single multi-family affordable housing and to participate on a regional and state level to address foreclose funding and policy issues as they arise. B 2: Resolution No. 2009-96: Relating to Boards, Commissions and Committees; approving re-appointments to the Planning Commission Presented by Lisa Shafer. She noted that three commission members terms expire on June 30. All three have submitted requests to be reappointed. Motion to approve moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature There is still no budget. The Governor filed a lawsuit against the Legislature for not filing their budget with her office. Cities and towns are still the target of opportunity by the state. Mr. Huffman emphasized that cities and .towns are suffering the same problems that the state is encountering, and he urged everyone to stay in contact with their legislators and encourage the Governor to support cities and towns and emphasized that. The good news -the baseball bill is back live and moving forward in the House. One of the Marana representations moved it forward -Rep. Stevens and noted that Rep. Williams was also instrumental and both should be thanked for their efforts in moving the bill forward. Mayor Honea asked if he thought any of the bills that moved forward would be passed that would cost the town $400K. Mr. Huffman did not know but his hope would be that every bill should be vetoed because there has been no public discussion, and the numbers don't match up. He stated that it's critical to support the Governor in doing what she said she would do to support cities and towns. EXECUTIVE SESSIONS Motion to go into Executive Session on item E 4 moved by Vice Mayor Kai, second by Council Member McGorray. Motion carried unanimously. Council left the dais at 7:33 p.m. Council returned to the dais at 8:06 p.m. 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 E 4: Executive Session pursuant to A.R.S. §38-431.03 (A)(1) to discuss and evaluate the performance of Town Manager Gilbert Davidson FUTURE AGENDA ITEMS Council Member Clanagan asked staff for a response to David Morales' letter last meeting about should Marana be called a town or a city. He would like that on a future agenda for discussion to evaluate that and come up with a recommendation, noting that he (Morales) brings it to Council's attention every three months. He also noted that Sen. McCain also referred to the town as the "city" of Marana. Council Member Post asked to look into voting as districts or wards. ADJOURNMENT Motion to adjourn moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried unanimously. The meeting was adjourned at 8:08 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held n June 16, 2009. I further certify that a quorum was resent. ~+~a lyn C. nson, Town Clerk ~ ~ ~+ $~+