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HomeMy WebLinkAbout12/17/1991 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING_~__MARANA TOWN COUNCI~L~ DECEMBER 17, 199_~ DATE December 17, 1991 PLACE Marana Town Hall CALL TO ORDER Mayor Ora Ham called the meeting to order I_I ._ P~L~D~G_E_~O F__A__L L~E_G_I,~N_ .C_ ~ Mayor Harn led in the Pledge of Allegiance. at 7:02 p.m. III. INVOCATION A moment of silent prayer was observed. ~y~ ROLL CALL Ora Ham Doug Mostyn Elwin Clifton Eddie Honea Helen Key Jo Rex Bill Schisler Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Kirk S. Cookson Roy Laos Dale Bradshaw rick Charnis Roy Cuaron Charles Dinauer Thomas Dickerson Jean Hooper Bob Kern George Kline Dave Smith Town Attorney Town Manager Lt., Police Department Building Official Financial Accountant Planning and Zoning Administrator Site Manager, Marana Recreation Center Stenographer Public Works Superintendent Magistrate Police Chief Twenty members of the public were present. A motion was made by Elwin Clifton, seconded by Bill Schisler and unanimously carried to accept the agenda as presented MINUTES OF REGULAR COUNCIL MEETING, MARANA TOWN COUNCIL, DECEMBE~ 17, 1991 DATE December 17, 1991 PLACE Marana Town Hall CALL TO ORDER Mayor Ora Harn called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Mayor Harn led in the Pledge of Allegiance. III. INVOCATION A moment of silent prayer was observed. IV. ROLL Ora Harn Doug Mostyn Elwin Clifton Eddie Honea Helen Key Jo Rex Bill Schisler CALL. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Staff Kirk So Cookson Roy Laos Dale Bradshaw Vick Charnis Roy Cuaron Charles Dinauer Thomas Dickerson Jean Hooper Bob Kern George Kline Dave Smith Town Attorney Town Manager Lt., Police Department Building Official Financial Accountant Planning and Zoning Administrator Site Manager, Marana Recreation Center Stenographer Public Works Superintendent Magistrate Police Chief Public Twenty members of the public were present. V. APPROVAL OF AGENDA A motion was made by Elwin Clifton, seconded by Bill Schisler and unanimously carried to accept the agenda as presented 1 MINUTES OF REGULAR COUNCIL MEETIN~ MARAN~ TOWN CO~ DECEMB. E~__17, 1991 APPROVAL OF MINUTES Mayor Harn said the minutes of the December 3, 1991, meeting were not ready for approval because of a problem with the tape recorder, but they are expected to be submitted for approval at the next regularly scheduled meeting. A motion was made by Bill Schisler, seconded by Jo Rex, and unanimously carried that the minutes of the special meetings October 29 and November 26, 1991, be approved. of PRESENTATION - POLICE ASSIST TEAM (P~_O___ 3_~AYO~ PRESENTATION OF BADGES Mayor Ham presented badges to the following members of the Police Assist Team: Roy Estes, E]win Clifton, Robert Collins, Bonnie Deskins, Teresa Gumm and Charles Hudson. VIII. PETITIONS AND COMMENTS Bob McCrea, 13950 W. Grier Rd., said that there was a public utility rate increase hearing for the Lyn Lee Water Company, and the rate increase request was granted. He said the people are upset with this unfounded increase, and he requested the Town Council to place this matter on a future agenda and attempt in the next fiscal year to purchase this water utility. Bob McCrea officially announced his candidacy for the District 3 County Board of Supervisors seat. Kerwin Studebaker, 12269 W. Grief Rd., said he had worked as a volunteer for the Marana Volunteer Fire Department and in the course of his duties had contacted Hepatitis C. He said he had filed a claim with the Industrial Commission to try and get his medical expenses paid for, and that he has already spent $10,000 on his medical bills. He said he is being denied a specialist because of no insurance coverage. He said he has a document from State Compensation that shows the Town of Marana accepted the claim, then he received a denial from the Industrial Commission, and when he asked the investigator about this, he was told that everyone sometimes forgets to pay their bills. He said he is also being slandered to fire chiefs of other departments by the Marana Volunteer Fire Chief regarding this matter. He asked the Council to advise him as to whether the claim has been approved or denJed. Eddie Honea publicly apologized for the statement he had made to the Town Manager and Attorney at the earlier meeting this date. He ~a~ he expects them to act professionally and that l~e had not done so. MINUTES OF REGULAR COUNCIL MEETING~ MARANA TOWN COUNCILL DECEMBER IX. ANNOUNCEMENTS Russell Dove, 13915 No. Sandario Rd., making Santaland Marana a success, thanked those involved in Bill Schisler said he had attended a Board of Supervisors meeting for the Marana Fire Department, and he learned from that meeting that there does not have to be an election to form a fi~e district in Marana. He said the residents need to be aware that signing a petition and having it approved by the Board of Supervisors is the way a fire district is formed, He said the fire department wants to hold a public hearing on this matter on January 6, 1992, at the Town Hall facilities. The matter is again scheduled for the Board of Supervisors hearing on January 7, 1992, at 9:00 a.m. MARANA VOLUNTEER FIRE DEPARTMENT_~_INC. A monthly departmental operations report was filed by the Fire chief, R. A. Insalacof Sr. (Copy on file). In reply to Bil] ~hl~_r, the Town Attorney advised the Council not to discuss the I.C.A. Claim Mr. Studebaker had alluded to earlier. The Fire Chief informed Bill Schisler the Workman's Compensation mentioned in his report had nothing to do with Mr. Studebaker. Xi. STAFF REPORTS A, En ~q~-~eer's Report A monthly report was filed by (Copy on file). the Town Engineer, Morgan Johnson. B. Police Report A monthly report was filed by the Police Chief, David Smith. (Copy on file). In reply to Bill Schisler, the Police Chief said November had been a busy month for all calls, and there is no pattern for accidents within the town as far as the intersections are concerned. The Town Manager said that since the Police chief took office four months ago, there has been a 52% increase in citations. ~ Public Works Department A monthly report was filed by the Public Works Superintendent, Bob Kern. (Copy on fi]e). The Public Works Superintendent said that after Christmas he will pursue re-posting of town limit signs. D__._ Water Financial Rep_o_rt A monthly financial report was filed by file). Dan Groseclose, (Copy on E_~. Magistrate's ~eport A monthly report was filed by the Magistrate, George Kline. (Copy MINUTES OF REGULAR CQ~NCIL__MEET~C_~ MARANA TOWN C~CILL DECEMBER 17i 1991 on file). Vice Mayor Mostyn asked if since the Town has its own attorney, are there more fees being retained by the town. The Magistrate replied there are more order to show causes and having the attorney makes the court more professional plus the cases for the State are better prepared. F. Buildin% Official's Re__port A monthly report was filed by the Building officialf Charnis. (Copy on file). rick A monthly financial report was fi]ed by the Town Manager, Laos. (Copy on file). Roy ~ Planninq and Zonin~ Commission Report A monthly report was filed by the Planning and Administrator, Chuck Dinauer. (copy on file). Zoning I. Recreation Site Manager's Report A monthly report was filed by the Site Manager, Thomas Dickerson. (Copy on file). Mayor Ham commended the Site Manager for the recent newspaper articles on the Recreation Center activities. The Site Manager said he is negotiating with a lady to conduct ceramic classes for the senior citizens as well as for the children. In reply to Bill Schisler, the Site Manager said that Target Stores conducted a Seniors Day and gave the seniors a 10% discount on merchandise, provided refreshments, free gift wrapping, door prizes, and transportation from the area nursing homes. He said eight of Marana's seniors participated in the event. A monthly report was filed by the Town Attorney, Kirk Cookson. (Copy on file). The Town Attorney asked that the figure in the third paragraph be changed to $3,121. She said she is closely monotoring the criminal no show cases, getting warrants and taking the appropriate action. XII. ORDER OF BUSINESS ~.~ ?~'oject P~EPz_~9~uest to Waive Use Fee At the Marana Park Recreation Center Albert Moreno, representing Project PPEP asked that in addition to the request that fees be waived for use of the Recreation Center for adult education programs, they would like to have an additional four hours a week to provide DUI and domestic violence counseling classes. The Town Af. torney said his recommendation for denial of the MINUTES OF REGULAR COUNCIL MEETING, MARANA TOWN COUNcil,. DECEMBER 17, 1991 request was only for the adult education program. He expressed the opinion that the Counseling Program could be in the Town's best interest because it costs the Town $50 a day for incarceration of its citizens. He said that 20 hours a week is a lot of time to commit for use of the recreation center, and that the additional expense for use of the center after hours is not budgeted for. The Town Attorney discussed the details of the counseling program, but requested that the Council deal only with the adult education program at this meeting because she is not ready to proceed with the counseling program yet. A motion was made by Bill Schisler, seconded by Helen Key, and carried, with Vice Mayor Mostyn voting, "Nay," that the request to waive user fees for the Adult Education Program be denied. Jones~Intercable,_Inc., Conse__nt__ttH~G_rant a in Franchise - Resolution No. 91-27 Jeff Spiegleman, Jones System Manager, said that three and one-- half years ago, interest rates were much higher than today's rate, and the company is negotiating with a Bank to refinance at a lower interest rate to make the company stronger. He said the bank requires security interest in the cable communications system in order to grant the loan and this resolution is only a formality. A motion was made by Bill Schister, seconded by Elwin Clifton, and unanimously carried that Resolution No. 91-27 be approved. Jon__es I_ ntercab]e~ Inc., Mutual__Consent A__qreement to Landscape Town Riqht-of-WaI - Cortaro Road Jeff Spieg]eman, Jones System Manager, said they have landscaped their property on Cortaro Road, but that their property does not go clear to the curb, that this right-of-way belongs to the 'town. He said if permission were granted to landscape this right-of- way, his company would maintain it. He said this would be a temporary arrangement in case the town later needs the use of its light-of-way. A motion was made by Bill unanimously carried that approved. Schisler, seconded by Eddie Hones, and the Mutual Consent Agreement be RECESS: A recess was called at 8:07 p.m. The meeting resumed at 8:19 p.m., and upon roll call all members were present. 5 MINUTES OF REGULAR COUNCIL MEETING,. MARANA TOWN COUNCIL~ DECEMBER The Town Manager said he had spoken with Dr. Clayton Wenger% regarding his ideas for construction and financing of a racket ball cou~t. He said that he had not done a needs assessment for use of such a facility. Mayor Ham said there is a need for development of more activities in the park, but expressed the opinion that something should be constructed that would serve the largest amount of people. She suggested getting college students to do a needs assessment survey. No action was taken. ~ Speed Limit, B__ayne__t~ Road from Lon_Adams t______o Sandar__i~_~Roa~dd The Town Manager said in 1984, the Town Council passed an ordinance setting reasonable and safe speed limits on the roads within the town. The speed limits were adjusted based on conditions of the roads. He said in 1990 that ordinance was amended to allow the speed limit on Barnett Road to go from 35 mph to 25 mph. He recommended changing the speed limit back to 35 rapt which is consistent with the original ordinance. A motion was made by Bill Schisler, seconded by Jo Rex~ and unanimously carried to direct the Town Manager to return with an Ordinance amending Ordinance No. 90.35 returning the speed limit on Barnett Road from Lon Adams to Sandario Road to 35 mph. A motion was made by Bill Schisler, seconded by Vice Mayor Mostyn, and unanimously carried to approve Resolution No. 91-28. Use The Town Manager asked that his memorandum to the Mayor and Town Council dated December 17, 1991, in Paragraph four, the date be changed from December 10, 1991, to December 17, 1991 and that the same dates be changed on the last page, first Paragraph. The Town Manager said that shortly after he accepted his position, a sizable amount of money from the RICO funds, which at %hat time was called the "Special Police Fund, was doing nothing, and this balance was increasing as opposed to decreasing and it had leveled off to about $57,000 with very little expenditures. He said it was noticeably different thereafter because Rico funds were sitting in the bank drawing interest but not being expended for legitimate expenses to offset general revenue. He is tr3ing to obligate as much of that money as he can. He has authorized new expenditures beginning in the new year. He said the K-9 units and the Dare officers will be entirely paid for with these funds. The Town Attorney said the statutes regarding use of RICO funds is very complicated. She informed the Council what they could and MINUTES OF REGULAR COUNCI~L~M_E~E~IN~G, MA_RAN~A TOWN~.COUNCIL~ could not use these funds for according to statute. She was informed that Marana was the only municipality in Pima County to turn in its October 3 quarterly RICO report to Pima County. She said it is a statutory mandate that the person delegated with the authority to make the decisions for expending funds goes from the State Attorney General to the County Attorney and the County Attorney delegates that power to the prosecuting attorney for the State, and as the Town Attorney for Marana, she would become a state-wide forfeiture prosecuting attorney. A motion was made by Bill Schisler, seconded by Elwin clifton, ~nd unanimously carried to approve the Town Manager's recommendations for RICO expenditures as outlined in his memorandum to the Council dated December 17, 1991. ~ Public Use of Town Hall Polkgl 1st Readin~ Bill Schisler objected to the portion of Item 4 of the proposed policy regarding the key deposi%. He does not want keys given to anyone other than employees, who should be present anytime the Town Hall facility is being used. He said all offices should be off limits to users of the facility in order to avoid problems. He asked that these things be added to the policy. A motion was made by Bill $chisler, seconded by Vice Mayor Mostyn, and unanimously carried that the recommended Town Ha!! use policy, as outlined in the Town Manager's memorandum dated December 17~ 1991, be scheduled for a second reading on January 7, !.991. I~_ ~ayor's Re~ort Mayor Ham said she had been contacted by Congressman Jim Kolbe's o~fice, and he wants to come to Marana on January 6 and meet with the Town Council. He wants to do two site visits in Marana. She has contacted Sargent Controls and Avra Valley Airport, Congressman Kolbe has asked that the DARE officers and the unit also be there. She said a dinner at the sky Rider Restaurant has been arranged and it will be open to the Council members and the Planning and Zoning Commissioner. After the dinner there will be a Town Hal! held at Northwest Fire Department on Wade Road. Mayor Ham said there has been a joint budget meeting scheduled for January 6. and requested it be postponed to January 14, and the annexation which is scheduled for January 7 rescheduled for 3anuary 21. The Town Manager said the Town Council had made a motion to hold the annexation hearing on January 7, and in order for him to change it, the Council would need to amend their motion. The Mayor attended the farewell dinner for Mayor Volgy, MINUTES OF REGULAR COUI'[CiL MEETING~ MARANA TOWN COUNCIL, DECEMBER The Town of Ora Valley and Marana had its regularly scheduled luncheon this month. J. Town Manaqer's Report A report was filed by the Town Manager, Roy Laos. (Copy on file). Vice Mayor Mostyn questioned the Town Manager as to how the town was doing with its recycling efforts, and offered to take the white paper in for them since they do not have the room nor a user of these recycled items. Study of speed limit ordinance for roads in town. A. EXECUTIVE SESSION - PURSUANT TO A.R.S. SECTION 38-431-03 ~A)~JJ To Discuss Legal Matters with Town Attorney B. EXECUTIVE SESSION - PURSUANT TO A.R.S. SECTION 38-431.03 (~_A) (1~ To discuss Dm_p_/_loyment and salaries Df Employees A motion was made by Vice Mayor Mostyn, seconded by Jo Rex, and unanimously carried to go into executive session at 9:00 p.m. The regular meeting resumed at 10:05 p.m. ADJOURNMENT A motion was made by Vice Mayor Mostyn, seconded by Elwin Clifton~ and unanimously carried that the meeting be adjourned 10:06 p.m. at hereby certify that the forgoing minutes are a true and correct copy of the minutes of the Regular Council Meeting for the Marana Town Council held on December 17, 1991. I further certify that a quorum was present. Dated this 2!st day of December 1991. J~ Hooper, Stenographer