Loading...
HomeMy WebLinkAbout06/04/1991 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 4, 1991 Place Marana Town Hall In Attendance Mayor Ora Harn Elwin clifton, Jr. Eddie Honea Helen Key Doug Mostyn Jo Rex Bill Schisler Staff Roy Laos, Town Manager Harold Higgins, Town Attorney Jean Hooper, Stenographer rick Charnis, Building Inspector Morgan Johnson, Town Engineer Public Allen E. Gower, 9990 No. Volk Anna Gower, 9990 No. Volk Robert Condit, 12523 W. Moore Marilyn Johnson, 16702 W. calle Amaya Denise williams, 10060 No. Feldman Clifford Sclane, 11645 Placita Marcela Shirley Sclane, 11645 Placita Marcela Mr. Marish Celia Dugan, 12500 No. Derringer Michael Smasal, 13377 No. Sandario Rd. Bill McKissick, 12560 No. White Jon Maria Marish, 12191 No.-Sandario Rd. H. B. Cody, Captain, Marana Volunteer Fire Department R. A. Insalaco, Sr., Chief, Marana Volunteer Fire Department W. J. Krasauskas, Captain, Marana Volunteer Fire Department John J. McLaughlin, 12022 No. Puma Rd. Earl E. Steele, 11960 No. Paseo Anastasia Mark S. Bratton, 201 No. Stone, Tucson Fran Harrison, 13930 W. Grier Rd. Diane Smith, The Valley News Bulletin Chris Lererenz, Pima County Solid Waste Division Tina Naughton, KOLD TV, 6770 E. Edgemont Ann Hensley, Sky Rider Coffee Shop Bette Tripp, P. O. Box 25 Norman Tripp, P.O. Box 25 Hal Horrigan, 13865 No. Sandario Rd. Michael Racy, 21 E. Speedway, Tucson Russell L. Dove, 13915 No. Sandario Rd. Betty Horrigan, 13865 No. Sandario Rd. Karen Radcliffe Leilani Schisler Karen Mostyn, 13497 NO. Warfield Cir. Robert Ferreira, Tucson Mountain Association MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL JUNE 4, 1991 PAGE 2 OF 9 Chuck Myers, Marana F. J. Chernis, 9550 No. Sidewinder Ln., Tucson Sharon Price, 7565 W. Yellowmoon Pl. Kathleen Golden, 4848 W. Camino de Manana William Golden, 4848 W. Camino de Manana Wheeler Abbett, 7505 W. Mountain Sky, Tucson Charlyne Abbett, 7505 W. Mountain Sky, Tucson David Hays, 2820 No. Conestoga, Tucson Linda Powell, 14440 W. Imogene Dick Powell, 14440 W. Imogene Charlie Villesiq, 13704 No. Reyher, Marana Jo Lopez, 16760 W. Savage Rd. David Morales, Chairman, Marana Volunteer Fire Department Harry Johnson, 16702 calle Amaya Brisa Apodaca 43 W. Simpson, Tucson R. Ottic Young, 9201 W. Maybrook Pl. Harold C. Young, Sr., 9245 W. Maybrook Pl. Myra Jones, 3915 S. Allan Rd., Tucson Daniel Contorno, 9150 Lambert Ln. Carl Thurston, 11925 No. Anway Rd. 1. call to Order Mayor Harn called the meeting to order at 7:00 p.m. II. Pledge of Alleqiance Mayor Harn led the audience in the pledge of allegiance. III. Invocation A moment of silent prayer was observed. IV. Roll Call The Stenographer called the roll, and all members were present. V. Approval of Agenda A motion was made by Doug Mostyn, seconded by Bill carried that the agenda be approved as written. Schisler and VI, Approval of Minutes A. May 21, 1991, Regular Meeting Mayor Harn noted a typographical error on page 1, last paragraph, and Doug Mostyn asked that on page 3, paragraph II the first sentence be restated to read, "Mayor Ham accepted a portrait of Governor Fife Symington from David Morales as a gift to the town." A motion was made by Jo Rex, seconded by Bill Schisler and carried that the minutes be approved with these corrections. VII. Selection of Mayor and Vice Mayor Elwin clifton, Jr., nominated Ora Harn as Mayor of the Town of Marana for the next two years. Jo Rex seconded the nomination. Eddie Honea nominated Bill Schisler. Doug Mostyn seconded the MINUTES OP REGULAR COUNCIL MEETING MARANA TOWN COUNCIL JUNE 4, 1991 PAGE 3 OF 9 nomination. A motion was made by Helen Key, seconded by Jo Rex and carried that the nominations be closed. Upon roll call vote, Mayor Ora Harn, Jo Rex, Elwin Clifton, Jr., and Helen Key voted that Mayor Ora Harn be appointed Mayor. Bill Schisler, Doug Mostyn and Eddie Honea voted that Bill Schisler be appointed Mayor. The vote was four to three in favor of Mayor Ora Harn being appointed as the Mayor of the Town of Marana for the next two years. Eddie Honea nominated Doug Mostyn as Vice Mayor of the Town of Marana. Bill Schisler seconded the nomination. There being no other nominations, a motion was made by Helen Key, seconded by Jo Rex and carried that the nominations be closed. Doug Mostyn was unanimously appointed as Vice Mayor, VIII. Petitions and Comments David Morales, Chairman of the Marana Volunteer Fire Department, said the Department has taken the lead in the community for recycling and that a dumpster has been set up for collecting aluminum cans, newspaper, etc. Chuck Myers asked ii the Council would object if a concerned citizen went to a Pima County Board of Supervisors Meeting to inquire why the County is dragging its feet on the Avra Valley Airport runway expansion. Mayor Ora Harn advised Mr. Myers that all governmental entities urge participation of their constituants at their meetings and suggested he contact the Supervisors and make them aware he will be at the meeting to discuss the issue. Daniel Contorno, 9150 Lambert Ln., showed the Council a map of what had been represented to him as a proposed landfill site, and Mayor Harn informed him he had misinformation on the issue and that a Planning and Zoning Meeting would be held at 7:00 p.m. on June 5, to discuss the Waste Management proposal. IX. Announcements Vice Mayor Mostyn announced that the Founder's Day Committee is needing volunteers, and they will have a bake sale on Friday, June 7 in front of the Valley National Bank. Mayor Ham announced that the Waste Management issue will be before the Planning and Zoning Commission June 5, at 7:00 p.m. at Town Hall. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 4, 1991 PAGE 4 OF 9 X. Plaque Presentation For Outqoin~ Council Members~ Bob McCrea, David Morales, Tom Hum Vice Mayor Mostyn presented former Councilman David Morales a plaque in appreciation for serving on the Marana Town Council the past two years. Councilmen Tom Hum and Bob McCrea were not present to accept their plaques. XI. Order of Business A. Marana Fire Department, IDc., Emergency Fundinq ReHuest David Morales, Chairman of the Marana Volunteer Fire Department, Inc., along with Fire Chief, R. A. Insalaco, Captain H. B. Cody, Captain Bill Krasauskas and Board member Jon Marish appeared before the Council to answer questions regarding their request for emergency funds. Mr. Morales said the Department has $4.38 in the bank and 450 gallons of gas left in the tanks. Captain Cody said the Department has 15 certified fire fighter/emt's and will make available to the Council the personnel's state qualifications. Captain Krasauskas presented information on the actual number of incidents the Department had responded to from February 2 through June 1. He stated the number of responses are increasing, and expressed the opinion there is a real need for the Department to continue operation. Jon Marish stated the Department needs $4,000 to pay its bills by tomorrow morning or will have to immediately close its doors. In response to Mayor Harn, the Fire Chief stated the Fire Department went out to bid for surplus equipment, and they received only $100 for turn out gear. The Chief said they received a $500 bid for the ambulance, and they refused to sell it for that amount of money. He added that the Department lost $107 on the sale. Captain Krasauskas said there were only four bids received. Bill Schisler said the Town Council had donated $10,000 to the Fire Department recently with the understanding the money would not be used for salaries only to find out later the money had .in fact been used for that purpose. Eddie Honea said for the first seven or eight years the Department did not have paid employees and did not cease to function. He asked if there is a reason people are now being paid. David Morales replied that people were being trained by the Department, and after they are qualified they go to work for one of the fire districts where they can get paid. He added that because volunteers are not always able to leave their jobs to respond to a call, and because it became necessary after selling subscriptions for the emergency service the Department offers, the Board felt they should hire employees to be on duty 24 hours a day. Bill Schisler inquired if all the Fire Department Board members had paid their subscriptions for fire service, and David Morales MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 4, 1991 PAGE 5 OF 9 said he had not, that it had slipped his mind. Mayor Harn said the town Clerk is on vacation, and there is no one on staff who could tell the Council if there are funds available to assist the Fire Department at this time. The Town Manager said money had not been budgeted in this fiscal year for the Fire Department. Bill Schisler said there is no doubt the Town needs a fire department, but that the Council is in charge of the town coffers and has to be prudent with the taxpayers' monies. He added the Town Council does have a formal budget that by State Statute it must adhere to. He said that the town can't really afford a good fire department without a property tax. In reply to Helen Key, Mr. Morales said they had had a lady going out in uniform selling paid subscriptions, but that she had not worked out, and they are in the process of getting someone else to perform that task. He said one of the problems they encountered was that Avra Valley Fire District was coming into the town selling subscriptions also and informing the people that Marana Fire Department was going out of business. Chief Insalaco said another problem with paid subscriptions is the people of the community can't afford the $30 annual subscription dues. A motion was made by Elwin clifton, Jr., seconded by Bill Schisler and carried, with Vice Mayor Mostyn voting "Nay", that this matter be continued to the next regularly scheduled meeting of the Town Council. B. Tanqerine Rd. Landfill Protest Letter withdrawal C. Notice of Hearinq Date From the State Land Department Reqarding the Town of Marana's Letter of Protest on the Sale of State Land Adjoininq the Tangerine Rd. Landfill A motion was made by Vice Mayor Mostyn, seconded by Jo Rex and carried that the letter of protest be continued to the State Land Department on the potential sale to Pima County of surplus land adjoining the Tangerine Rd. landfill and Mayor Harn and the Town Manager be advised to go to the official hearing at the State Land Department on June 7, 1991, at 10:00 a.m. and make them aware that the protest letter is not going to be withdrawn, and that the Marana Town Council will no longer negotiate nor be held hostage by Pima County. D. Pima Youth Partnership Request for Financial Assistance Brisa Apodoca, 43 W. Simpson, Tucson, appeared before the Council to request funds for 50% of the cost of providing lifeguards for the summer swim program for underpriviledged, "at risk" children of Marana, those on the Federal Lunch Program. She said the MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 4, 1991 PAGE 6 OF 9 duration of the program would be from June 5 through July 19. A motion was made by Bill Schisler and seconded by Jo Rex to direct the Budget Committee to include $600 for this program in next year's budget and that the Council approve that amount of money after the new fiscal year comes up. In reply to Jo Rex as to the reason Ms. Apodoca did not request these funds during the budgetary process for the current fiscal year, Ms. Apodoca replied that she received misinformation from an employee of the Town regarding the hours the pool would be open, and that a lot of mistakes have been made that she hopes will not occur in the future. Eddie Honea indicated he was in favor of this program, but the Council had just refused to give any funds to the Fire Department, and commented that the Council may be setting a precedent by approving this request. The motion carried, with Elwin clifton, Jr., Mayor Harn, Jo Rex and Bill Schisler voting "Aye," and Vice Mayor Mostyn, Eddie Honea and Helen Key voting "Nay." E. Town Engineer's Contract for 1991-93 A motion was made by Bill Schisler and seconded by Eddie Honea that the contract be approved for town engineering services with F&D/GLHN from July 1, 1991 through June 30, 1993. In reply to Vice Mayor Mostyn, the Town Engineer said that his firm had not subcontracted with any firms in Marana because he did not know of an opportunity to do so, nor does he foresee any opportunities in the next two years to subcontract to a local firm. He said that the firm does not employee any local residents. The motion carried, with Vice Mayor Mostyn voting "Nay." F. Tortolita Mountain Road Railroad Crossinq, Town of Marana Sponsorship A motion was made by Vice Mayor Mostyn, seconded by Jo Rex and carried that the Town sponsor the Arizona Corporation commission request to grant an easement at the road access alignments on either side of the Tortolita Mountain Road Railroad crossing. G. Town Outside Auditor Fee and Scopq of Service for 1991-92 A motion was made by Jo Rex, and seconded by Eddie Honea that the agreement with Clifton, Gunderson & Co., to provide the Town with an outside auditor fee and scope of service for 1991-92 be approved, and that the Council take the time and follow some of this firm's recommendations. In reply to Bill Schisler, the Town Manager said the agreement calls for a three-year commitment subject to annual appropriation. Vice Mayor Mostyn questioned whether the Council could bind future Councils since this agreement would still be in affect after the new Council is elected. The Town Attorney expressed his opinion that there is an escape clause in the agreement for non-appropriation of funds, which makes it legal. Upon vote being taken the motion carried. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 4, 1991 PAGE 7 OF 9 Recess A recess was called at p.m. 8:20 p.m.; and the meeting resumed at 8:35 H. Town of Marana "Bed Tax" Ordinance Review On recommendation of the Town Manager, the Council agreed to place the matter of a bed tax ordinance on a future Council agenda after the Council has had a chance to review the Ordinance. I. Barnett Road Sandario to Sanders Rd., 50' Right of Way Dedication Resolution and Town Acceptance of Maintenance A motion was made by Bill Schisler, seconded by Elwin Clifton, Jr., and carried that the Council adopt Resolution No. 91-19. J. Town Attorney's Repor~ A written report was filed by the Town Attorney, Harold Higgins. The Town Attorney said that the Town won a clear victory on the Pima Farms lawsuit. He said it was the opponents stand that the Council could not deviate from the General Plan, but that the ruling of the Courts were that the General Plan was a guideline for the Council, and this action is legal as long as the Council clearly reflects in its decision-making process that they have taken into account the ways in which the specific plan deviates from the General Plan, and that there is still consistancy and harmony with the General Plan The Town Attorney stated that in the sales tax case of Centrix/Jones, they were found to owe the Town $190,000 in sales taxes, plus penalties and interest. He said the matter, after the audit, went through an informal appeal process, and as part of that process the company paid $100,000 up front, and their excuse for not paying was that they did not realize they were in Town of Marana. He said they lost at that level and have now gone to the State Board of Tax Appeals, and from there could go to a higher appeal process. He recommended the Council hire a specialized tax attorney who is more familiar with the tax appeal process, and he said that he had spoken with such an attorney from Tucson who has expressed a willingness to review the matter. The Town Attorney said that he felt this attorney would pursue the case for $5,000 to $10,000. It was the consensus of the Councilmembers that if the matter goes to court, the whole amount be asked for. The Town Manager said this Company has made one offer to settle the matter, which was ridiculous and that he is sure they will make another one. He said that the Council needs a competent attorney in this specialized area and to be open to accept offers on their part. Eddie Honea questioned who was responsible for making the decision on settlement of such issues, and suggested MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 4, 1991 PAGE 8 OF 9 the Council set a policy regarding who will negotiate these cases. He also suggested that large sums being negotiated should go before the entire Council. Mayor Harn stated that in the past she had dealt with these companies on the tax issues along with the Town Attorney and the Town Manager, and because of the confidentiality factor it would be hard to bring these cases before the entire Council in public hearing. The Town Manager suggested these issues be discussed in executive session and then brought into public session for a vote. It was the consensus of the Councilmembers to place on a future agenda the matter of appointing a team agreed upon by the entire Council to negotiate settlement in these tax canvass cases. K. Mayor's Report Mayor Harn said that a lot of her time the past two weeks has been spent on the telephone with residents of Happy Acres and Tucson Mountains who were disturbed regarding a letter from two members of the County Board of Supervisors relating to the Waste Management landfill issue. Mayor Ham attended a spectacular event of the VFW Flag Raising Ceremony at the town monument and dinner in the park on May 27. Mayor Harn will be going on vacation beginning June 19 through July 1. L. Manager's Report The Town Manager passed Ironwood Specific Plan out a fiscal impact analysis of the A tentative orientation workshop has been scheduled for June 17 at 6:00 p.m. at Town Hall for the new councilmembers with Mr. Jack DeBolske who is the Executive Director of Arizona League of Cities and Towns. The Town Manager reported that the Rochester-Midland Company had been paying its sales tax to the City of Tucson, rather than to Marana, The Town Manager said that when an audit was conducted on the company by the City, it was discovered the taxes were being paid to the wrong entity, and a letter was received from the City indicating a check in the amount of $23,345 would be mailed to the town. XII. Future Agenda Items A motion was made by Bill Schisler, seconded by Vice Mayor Mostyn and carried that the matter of placing a lockbox on the outside of the town hall facility for the councilmembers to receive their agendas and other material after business hours be placed on a future agenda. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 4, 1991 Page 9 of 9 A motion was made by Eddie Honea, seconded by Vice Mayor Mostyn and carried the matter of requiring town employees to live within the town of Marana or the Marana School District be placed on a future agenda. XItI. Executive Session, Pursuant to A.R.S. Section 38-431-03 (A) (3) and (1) to Discuss Legal and Personnel Matters with the Town Attorne~ A motion was made by Vice Mayor Mostyn, seconded by Bill Schisler and carried the Council go into executive session at 9:12 p.m. Regular session resumed at 10:20 p.m. XIV. Adjournment A motion was made by Eddie Honea, seconded by Vice Mayor and carried that the meeting be adjourned at 10:20 p.m. Mostyn Certification I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Town Council of Marana held on June 4, 1991. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of June, Jean Hooper, Stenographer 1991