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Home My WebLink About06/23/2009 Special Council Meeting Minutes~~~~ ~~~~~~ 1~ SPECIAL COUNCIL MEETING MINUTES June 23, 2009, at or after 7:00 PM Ed Honea, Mayor, present Herb Kai, Vice Mayor, present Russell Clanagan, Council Member, present (participated telephonically) Patti Comerford, Council Member, present Carol McGorray, Council Member, present Jon Post, Council Member, excused Roxanne Ziegler, Council Member, present SPECIAL MEETING CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Honea at 7:10 p.m. A quorum was present. Council Member Post was excused and Council Member Clanagan participated telephonically. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried unanimously. CALL TO THE PUBLIC PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported on a CAAG meeting in Payson. CAAG was initially formed by Pinal and Gila counties, and Pinal County is considering breaking away and forming their own COG. Mayor Honea also noted that the Cotton Blossom Thrift Shop will have its grand opening tomorrow at 10:00 a.m. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS No reports. STAFF REPORTS No reports. GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by Vice Mayor Kai. Motion carried by a 6-0 Roll Call vote with Council Member Post excused. C 1: Resolution No. 2009-97: Relating to Municipal Court; approving the appointment of Magistrates pro tempore and civil traffic hearing officers C 2: Ordinance No. 2009.13: Relating to Finance and Water; amending Town Code Section 14-7-3(C) to correct an error in the adoption of the comprehensive fee schedule adopted by Marana Ordinance No. 2009.11 and Marana Resolution No. 2009-87; clarifying Marana Resolution No. 2009-87; and establishing an effective date C 3: Ordinance No. 2009.14: Relating to Business Regulations; amending Title 9 of the Town Code to provide for business licenses to be administered by a license inspector designated by the Town Manager rather than by the Town Clerk; and declaring an emergency C 4: Resolution No. 2009-98: Relating to Personnel; approving and authorizing the Town Manager to execute a separation agreement with Charles B. DeSpain C 5: Resolution No. 2009-99: Relating to Personnel; approving and authorizing the Town Manager to execute a severance agreement between the Town of Marana and Michael Mencinger C 6: Resolution No. 2009-100: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for design and construction of the Cortaro Road / Silverbell Road intersection improvement project C 7: Resolution No. 2009-141: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the design concept study of the Tangerine Road . Improvement Project between I-10 and La Canada Drive C 8: Resolution No. 2009-102: Relating to Technology Services; approving and authorizing the Mayor to execute a Beacon Hill Telecommunications Site Sublease Agreement with Simply Bits, LLC and a First Amendment to Beacon Hill Communications Site Lease and Settlement Agreement with the Estate of Irene Welter, deceased; and establishing an effective date C 9: Minutes of the June 9, 2009 special council meeting and the June 16, 2009 regular council meeting C 10: Resolution No. 2009-107: Relating to the Police Department; authorizing the Chief of Police to obtain vehicle registrations for three new undercover police vehicles COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2009-103: Relating to Budget; adoption of the Town's fiscal year 2009-10 final budget Presented by Erik Montague. Dianne Van Horn spoke regarding the elimination of tuition reimbursement in the proposed budget and expressed her disappointment that this was no longer a benefit for employees. Council Member Ziegler thanked Ms. Van Horn and also expressed her concern over this cut and asked that this item be reconsidered for placement back in the budget. Ms. Thalasitis responded regarding $12,000 that had been restored for the WRAP program to help employees with retraining should they need to move into different positions during this difficult economic time. Council Member Clanagan asked who the employee was who addressed Council. Motion to approve moved by Vice Mayor Kai, second by Council Member McGorray. Motion carries S-1, with Council Member Ziegler voting nay. Mayor Honea noted for the record and addressed Ms. Van Horn that the final budget number was the upper limit for spending, but that monies could be moved around in different areas if necessary. Council Member Ziegler expressed her reason for voting nay as relating to tuition reimbursement. A 2: Resolution No. 2009-104: Relating to Personnel; approving a salary schedule for temporary employees for fiscal year 2009-2010; and declaring an emergency Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a 6-0 Roll Call vote with Council Member Post excused. A 3: Resolution No. 2009-105: Relating to Personnel; approving a salary schedule for classified employees for fiscal year 2009-2010; and declaring an emergency Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a 6-0 Roll Call vote with. Council Member Post excused. BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Relating to Parks and Recreation; discussion and direction regarding proposed amendments to Title 13 of the Marana Town Code, Section 13-1-3, to prohibit smoking within 25 feet of any athletic field or park facility in Town parks Presented by Tom Ellis as a proposal from the Parks and Recreation Citizen Advisory Commission. Council Member McGorray asked about how this would be affected with sharing joint facilities with the schools. Mr. Ellis responded that there is an agreement during school hours, wherein the school rules fall into effect. Jane Fairall also responded to questions from Council Member Ziegler as to who would be enforcing if someone was cited. Motion by Council Member McGorray, second by Council Member Comerford to bring this item back for further Council action. Motion carried unanimously. B 2: Resolution No. 2009-106: Relating to Utilities; appointing Laura Trostman to the Water Utility Advisory Committee and appointing David Wostenberg as an alternate Presented by Frank Cassidy. There are vacancies that prevent this commission from having a quorum at their meetings, and the appointments recommended would take care of this. Questions arose as to whether Ms. Trostman and Mr. Wostenberg lived within the town limits and therefore be eligible for appointment. It was noted that Ms. Trostman was a Marana resident and former Marana employee and that Mr. Wostenberg lived just outside the town limits. Council Member Comerford noted that a Council task force had been working on revisions to the commission appointment process and other aspects of citizen advisory commissions to make them consistent. She asked if the commissions had been informed as to when appointments would be made by Council. Ms. Bronson responded that they had and that she had prepared a draft document combining various portions of the Handbook for Commissions and the Bylaws into one document for review by the Council task force. She noted that the draft was currently being reviewed by Cedric Hay in the Legal department. Council Member Ziegler expressed her opinion that these appointments were necessary prior to that review and the next action by the task force. Council Member Comerford stated that she understood the reason for bringing this item forward at this time, but was concerned that the process was not being followed -either for appointments or for residency requirements. Ms. Bronson stated that under the current procedures, at least four members of any commission must be residents and that the Council had flexibility in appointing the additional members who might live outside the town limits but who may have critical expertise. This is one of the aspects being addressed with the new policy. Motion to approve moved by Council Member Ziegler, second by Mayor Honea. Motion failed by a vote of 3 aye, 2 nay and 1 abstention. Mayor Honea, Vice Mayor Kai and Council Member Ziegler voting aye, Council Members Clanagan, and Comerford voting nay, and Council Member McGorray abstaining. NOTE: The recording of the meeting indicates that this motion passed. However, Mr Cassidy provided a communication to Council on June 24, 2009 noting that the vote of 3-2 and one abstention did not constitute passage. A copy of that communication is contained in the official packet for this meeting. ITEMS FOR DISCUSSION/POSSIBLE ACTION 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 ADJOURNMENT Motion to adjourn moved by Council Member McGorray, second by ice Mayor Kai. Motion carried unanimously. The meeting was adjourned at 7:52 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Special Marana Town Council meeting hel on June 23, 2009. I further certify that a quorum was present. ``e``'oF11~~,,,! ce yn C. ronson, Town Clerk ~~~~~~~aurnii~,~~~j