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HomeMy WebLinkAbout06/18/1991 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 18, 1991 Place Marana Town Hall In Attendance Mayor Ora Harn Vice Mayor Doug Mostyn Elwin Clifton, Jr. Eddie Honea Helen Key Jo Rex Bill Schisler Staff Roy Laos, Town Manager Jean Hooper, Stenographer George Kline, Magistrate Charles Dinauer, Planning and Zoning Administrator Vick Charnis, Building Inspector Bob Kern, Streets and Roads Supervisor Thomas Dickerson, Site Manager, Marana Recreation Center Dale Bradshaw, Acting Police Chief Public Barry Gerber, 12635 No. White Sharon Price, 7565 W. Yellow Moon Sandy Retterer, 7414 W. Palm Brook Pl. Dane Retterer, 7414 W. Palm Brook Pl. Linda Powell, 14440 W. Imogene Pl. Dick Powell, 14440 W. Imogene Pi. Brad Despain 16501 W. Manville Rd. David Morales, Chairman, Marana Fire Department Chuck Myers, Marana R. A. Insalaco, Sr., Marana Fire Department Sandy Groseclose, Marana Diane Smith, The Valley News Bulletin H. B. Cody, Captain, Marana Fire Department Dorothy Sharnetsky Ramiro Ruiz, Tucson Josephine Ruiz, Tucson I. Call to Order Mayor Harn called the meeting to order at 7:02 p.m. II. Pledge of Alleqiance Mayor Harn led the audience in the pledge of allegiance. III Invocation Brad Despain gave the invocation. IV. Roll Call The Stenographer called the roll, and all the members were present. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 18, 1991 PAGE 2 OF 10 V. Approval of Agenda A motion was made by Vice Mayor Mostyn, seconded by Bill and carried the agenda be approved as written. Schisler VI.~proval of Minutes A motion was made by Elwin Clifton, seconded by Bill carried that the minutes of the regular meeting of be approved. schisler and June 4, 1991 VII. Petitions and Comments David Morales appeared before the Council resolutions be considered on future agendas: to request three (1) He would like to see a policy adopted that would require developers who come to the town to hire Marana residents and a resolution passed that would require the developers to do their buying and trading in the town whenever possible. (2) He wants the Council to give preference to town of Marana residents when hiring people. (3) He would like to see all public information documents turned over to the Marana Public Library within six months so the community could have access to this information on week ends and when the library is open on Saturdays and Thursday evenings. Barry Gerber, 12635 No. White, said he was appearing before the Council to clear up statements made at a prior Council meeting regarding past volunteers of the Marana Fire Department. He stated that the former volunteers were not inept, and untrained as was alleged, but rather a very professional group of people who had state and national certification. He said, in his view, these volunteers put their heart and souls into the fire department and did an excellent job. Mr. Gerber said that when he was a volunteer with the Marana Fire Department, he paid for his own training, not the fire department. VIII. Announcements David Morales announced that the Marana Fire Department would be putting on a fire works event at the Avra Valley Airport on July 4. IX. Marana Volunteer Fire Department~ Inc. A monthly departmental operations report was filed by R. A Insalaco, Chief of Marana Volunteer Fire Department. (Copy on file). In response to Vice Mayor Mostyn, the Chief stated he had not contacted Waste Management Co. regarding fire protection. He said the waste management people from Pima County had contacted MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 18, 1991 PAGE 3 OF 10 him for fire protection of the structures at the dump, and a contract was presented to them for review by their finance department. Mayor Harn said the Council is concerned because recent publicity put out by the fire department makes it look like the Council has not been willing to participate with the fire department for fire protection for the community. She said the Council has earnestly tried to assist the department wherever it could and has supported the fire department even in adverse financial times for the Town. She added that the Town Council had given $15,000 of its allocated CDBG funds to the fire department in this fiscal year, and added that these funds could just have easily been used for other projects for the town such as for road improvements. Helen Key concurred with Mayor Harn, and said that as a Councilmember and a resident she supports the fire department, and hopes the citizens and businesses of the community will financially support the fire department until a fire district is formed. Mayor Harn suggested the fire department has not put forth the kind of effort that is needed to sell itself to the public. She said the Budget Committee is considering putting some funds into the fire department's budget for next fiscal year, but that before additional funding is approved, the department must give a financial accounting of itself to the Council. She said she had gone out and asked a local business for a donation for the fire department and that she was given a donation in the amount of $1,000, which she presented to the Fire Chief. Chief Insalaco said he expressed to the press that the Town Council had financially assisted the fire department in the past, and that he told them why the department was in a financial bind at this time and needed emergency funds. He informed the Council that all the financial records at the department are public record and welcomed anyone to come in and look at the books. chief Insalaco said that the department had contacted most of the businesses in Marana requesting their support for the fire department and that the business people had asked them to wait until after they pay their taxes. He said the business that donated the $1,000 is in Northwest Fire District and that the department could not legally go outside the town to seek support. Mayor Harn expressed the opinion that anyone could be approached for a donation. Chief Insalaco said the department is currently getting caught up on its bills. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN COUNCIL JUNE 18, 1991 PAGE 4 OF 10 David Morales spoke again on the importance of providing fire protection to the community, and expressed the opinion that fire protection will be questioned as development comes into the town. X. Staff Reports A. Enqineer's Report A monthly departmental operations report was filed by the Town Engineer, Morgan Johnson (Copy on file). The Town Manager said the Engineer was excused from attending the meeting because of family matters. B. Police Report A monthly departmental operations report was filed by the Acting Police Chief, Dale Bradshaw (Copy on file). Lt. Bradshaw stated that calls have increased from 120 last month to 194 this month. He said that 41 of these calls were from Cortaro Road south to the Sportspark. He said there had been a rash of vehicles being broken into at the Sportspark, and that the department is maintaining a high profile at that location at the present time. Mayor Ham instructed the Town Manager to call the people at the Sportspark and request they beef up their policing of that facility. Lt. Bradshaw said he has spoken to the management at the sportspark about the problems which are occuring in the unlit areas and that the business is doing some patrolling of the parking lot now. C. Street Report & Park A monthly departmental operations report was filed by Robert R. Kern, Road Supervisor (Copy on file). In reply to Bill Schisler, Mr. Kern said it looks like the soft spots on the Barnett Road paving project are beginning to harden. A monthly departmental operations report for the park and pool was filed by Robert R. Kern, Park and Pool Supervisor (Copy on file). In reply to Elwin clifton, the Town Manager said the pool hours could be expanded as the Council wishes. He said the County Health Department has increased the number of lifeguards that must be used, and there would be financial concerns for increasing the time the pool is being used. D. Water Maintenance and Improvement Report A monthly departmental operations report was fi]ed by Robert Kern for the Water Department (Copy on file). Ro E. Water Financial Report The Town Manager presented a financial report to the Council, and the matter will be placed on the July 2, 1991, agenda. Mayor Harn said she had received a call from a citizen who was angry because of her water bill, and the Town Manager said he has received a number of those kinds of calls, and that he is taking quick MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 18, 1991 PAGE 5 OF 10 action to resolve the problems. In reply to Eddie Honea, Bob Kern said that there were four shutoffs last month and three this month. The Town Manager said that the Water Code was not being followed to the letter, that before water service is cut off, a number of things are taken into consideration~ such as the number of children in the household, the elderly, the income, etc., and that each problem is dealt with on a case to case basis. Mayor Ham said that assistance in paying these water bills is available for those who are eligible. F. Maqistrate Report A monthly departmental operations report was filed by Magistrate, George Kline (Copy on file). Mayor Harn commended the Magistrate for installing the microphone and recording system in Council chambers. G. Buildinq Inspectors ~?port A monthly departmental operations report was filed by the Building Inspector, rick Charnis (Copy on file). The Building Inspector said that the builders are optimistic that housing construction is going to be increasing soon. H. Financial Report There was no financial report filed. In reply to Bill Schisler, the Town Manager said the financial situation is in the best condition it has been in in the three months he has been employed. He added that expenses have been cut and that has made a big impact on how much money there is to pay the bills. He said $23,000 was received from the City of Tucson because of a company who had been doing work in Marana and paying its taxes to the City rather than to the town of Marana. He said that $50,000 was received from Pima County for the park. I. Planninq and Zoninq Report A monthly departmental report was filed by the Planning and Zoning Administrator, Chuck Dinauer (Copy on file). Mayor Ham thanked Mr. Dinauer for his assistance with the census count. Mr. Dinauer said a letter is being sent to the Census Bureau by express mail. in reply to Mayor Harn, Mr. Dinauer said the Census Bureau's vacancy rate for the town is 14,35%. Mayor Harn said she had a person contact her trying to locate a house in Marana because they had diligently searched and could not find a place to live. J. Recreation Site Manaqer's Report A monthly departmental report was filed by the Site Manager, Thomas Dickerson (Copy on file). In reply to Vice Mayor Mostyn, The Site Manager said that he is working on reducing the noise factor for the Senior Citizens at the center. He said he had MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 18, 1991 PAGE 6 OF 10 placed the seniors in the backroom because of the summer day camp program for the youth. He said there are 41 children at the present time enrolled in this program. Mayor Harn asked the Site Manager to encourage the senior citizens to become involved in a water aerobics program at the pool. The Site Manager said he is planning some field trips for the seniors after the weather cools and is working on getting some newspaper articles out. Vice Mayor Mostyn asked that the Site Manager get with Bob Kern to see ii some installation could be installed to reduce the noise level. In reply to Jo Rex, The Site Manager said most of the problems with Pima Youth Partnership have been worked out. Helen Key said that something needs to be done in the future about the acoustics because of the utilization by the community of that facility. xI. Executive Session pursuant to A.R.S. Section 38-431-03 ~A_~_ £3) and~ to discuss legal and Personnel Matters A motion was made by Bill Schisler, seconded by Jo Rex and carried the Council go into executive session at 8:10 p.m. The Regular session resumed at 9:13 p.m. XII. Order of Business A. Town Council Selection of Town Clerk A motion was made by Bill Schisler, seconded by Vice Mayor Mostyn and carried that Sandra L. Groseclose be appointed Town Clerk for a two-year term effective July 1, 1991. B. Mayor's Appointments Mayor Harn appointed Elwin representative on water issues. Clifton as the Council's Mayor Harn asked Vice Mayor Mostyn to serve as representative on the Municipal Property Corporation (MPC). Vice Mayor Mostyn asked Bill Schisler if he would represent the Council, and he declined. Vice Mayor Mostyn then said he would serve on the MPC. The Town Manager said the position of Police Chief was advertised in Phoenix and Tucson newspapers for three weeks and 42 applications were received. He said the selection committee would go over these applications and select a short list of candidates for recommendation to the Council. He said these applicants will be given a polygraph and psychological test, The Town Manager recommended the Council call a special meeting for the oral interview and ultimate selection. The Town Manager said that since the Town Attorney is working on an intirim basis, it may be awhile before appointment of an Attorney will come before the Council. He said that a financial consultant still has to be appointed. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 18, 1991 PAGE 7 OF 10 C. Marana Municipal Water ~YS~DD qontra~_~n~%~ The Town Manager said he had found some problem areas in the current contract and that he is recommending these changes because they are based on generally accepted accounting principles. A motion was made by Bill Schis]er, seconded by Jo Rex and carried that the amendments as recommended by the Town Manager be approved and the Town Manager commence negotiations with Mr. Dan Groseclose to seek mutual agreement and return such agreement to the Town Council for ratification. D. Significant Land Use Change Request, 13670 N. Jarvis The Planning and Zoning Administrator said a notice of a change of land use from residential to a small church group, had been sent out to property owners within one-half mile of the location. He said one protest had been received, and the protest period runs through June 30. He said the purpose of this item is to make the Council aware of the request in case it wanted to take any action on it. Bill Schisler explained that all significant land use change requests come before the Planning and Zoning Commission and the Council because these bodies have the right to protest and call for a public hearing, and if there are not enough protests, the Planning and Zoning Administrator just takes care of it. Elwin Clifton moved to grant the significant land use change request to the Seventh Day Adventist Church at 13670 N. Jarvis Court. Bill Schisler suggested if the Council feels comfortable with this issue to just let it lie and take no action until the end of the protest period, and then if there are enough protests, a public hearing can be called at that time. At this time Elwin Clifton withdrew his motion, and no action was taken. E. Town Council Authorization to Retain Special Legal Counsel The Town Manager said that he and the Town Attorney have conferred on the individual recommended to pursue a delinquent sales tax case, and that he is a credible, reputable attorney who has experience in the State Tax Court of Appeals on sales tax issues. He said the Town has a great deal to gain if they win this case and that the Town had already received a judgement in this case and it is being appealed out of the general court system into the specialized tax court. The Town Manager said there is another delinquent sales tax case the Council is facing, but that he would like to see how this attorney performs before retaining him for the additional case. Mayor Harn asked that this matter be discussed with the Council's Tax Consultant. A motion was made by Helen Key and seconded by Bill Schisler to approve hiring Mr. Steven Bosse of the special tax capabilities according to the letter submitted by the Town MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 18, 1991 PAGE 8 OF 10 Attorney in the Centrix-Jones tax case and also leave it open for him to pursue the other tax case. The motion carried. F. 1st Reading of Amendment to Town Personnel Polic~ 02.06.02 (6) The Town Manager explained some of the town employees have spouses who are covering them under their insurance plan, and some of these employees would like to opt out of the Town's mandatory insurance plan. He explained that the town can avoid paying costly employee premiums by shifting to an employee contributory health plan and that the employee's biweekly gross pay would reflect a one-cent deduction, which would allow them voluntary enrollment. He said the town would save $1,338.24 per year per employee who chose not to be covered by the town's plan. He said this cost savings would not go back to the employee but it would go to the town. A motion was made by Bill Schisler, seconded by Jo Rex and carried that the Council schedule the proposed amendment to the Personnel Policy for the July 2, 1991, agenda, along with any appropriate changes the council feels are necessary. G. 1st Reading of Amendment to Town Personnel Policy 01.03.03; 01.03.05 The Town Manager said the reason for the proposed amendment is because the new Town Clerk's responsibiities will not be in line with the existing Personnel Policy because of pending employment of a financial analyst who will handle accounting matters. A motion was made by Bill Schisler, seconded by Jo Rex and carried that the Council consider the Town Manager's recommendations and consider the matter again on the July 2, 1991, agenda. H. Proposed Intergovernmental Agreement with Pima Count~ Wastewater Management - Landfill Scavenqin~ The Town Manager expressed his concern that the town does not have enough manpower to position an officer at the dump to enforce the County's scavenging law. He said in the agreement the County has offered to waive up to $500 per year for solid waste generated by the town and delivered to %he dump. He said Mr. Kern had used the dump only a few times for the town, and said that in his view, this is an unrealistic offer because of the ultimate cost the town would incur if an officer were placed at the site. Eddie Honea commented that this IGA is an embarrassment to County staff. He said the dump is a profit making business for the County, and the town does not provide officers to other businesses in the town, nor should it provide officers for the MINUTES OF REGULAR MARANA TOWN HALL JUNE 18, 199i PAGE 9 OF 10 COUNCIL MEETING County. He expressed the opinion that the Council should turn the IGA down and submit a letter to the County informing them they are legally responsible to control the scavenging at the dump. Doug Mostyn suggested the County be requested to work with a charititable organization to set up a receptacle at the entrance of the landfill for collection of items that are reuseable. Jo Rex concurred. Eddie Honea thought that would be opening up a can of worms. Helen Key questioned if there was an agreement between the County and the Town on maintaining the landfill when it came into being. The Town manager said he was not aware oi such an agreement. Mayor Harn said when the landfill was being discussed in the community in 1978, the County said the dump would be used on an intirim basis for a few years until a regional landfill could be built. A motion was made by Bill Schisler seconded by Doug Mostyn and carried that the Council tell the County "No," they are not interested in the contents of this intergovernmental agreement. The Town Manager was authorized to write a letter to the County voicing the Council's objections to the agreement. I. Report from Town Manaqer - Employee Residency Requirements A motion was made by Eddie Honea and seconded by Doug Mostyn that the Town Clerk and the Police chief be required to live within the town limits of Marana, and if they do not live within the town limits when they are hired, they be required to do so within one year of the date of hire. Helen Key said she could support requirement was the Marana School limits. Elwin clifton concurred. the motion District, if the residency and not Marana Town Jo Rex said she is opposed to requiring certain employees to live within the town limits, others to live within the school district, and still others to live where they choose. Bill Schisler questioned the legality of the motion. The Town Manager suggested this is a question better answered by the Town Attorney. An amended motion was made by Bill Schisler, seconded by Doug Mostyn and carried that the Town Attorney be consulted on the original motion, and if it is legal, then the motion be approved. Upon roll call vote on the original motion, Eddie Honea, Vice Mayor Mostyn and Bill Schisler voted "Aye," and Mayor Ham, E1win Clifton, Helen Key and Jo Rex voted "Nay." The motion failed. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL JUNE 18, 1991 PAGE 10 OF 10 J. Mayor's Report Mayor Harn postponed her report to the next meeting. K. Manager's Report The Town Manager said the County Board of Supervisors made a motion to direct its staff not to pursue expansion of Tangerine Road landfill, and they have asked the State Land Department to postpone auction of the land next to the landfill until after the first of July. He expressed the opinion the Council had won a major victory in protecting the citizens of Marana on this issue. XIII. Future Aqenda Items A motion was made by Bill Schisler, seconded by Jo Rex and carried to place on the next agenda the matter of setting a date for a Council Retreat and a Planning and Zoning and Council Retreat. A motion was made by Bill Schisler, seconded by Doug Mostyn and carried that the matter of Municipal Water System cut-off dates and billing procedures be placed on the next agenda. Eddie Honea was requested to bring this matter to the attention of the Water Advisory Committee and bring a recommendation to the Council. A motion was made by Eddie Honea, carried that the matter of personnel next agenda. seconded by Helen Key and residency be placed on the XIV. Adjournment A motion was made by Vice Mayor Mostyn, seconded by Bill and carried the meeting be adjourned at 10:30 p.m. Schisler 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 the 18th day of June, 1991. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 21st day of June, 1991 ~'? ~--~~ Je~'n Hooper, Stenographer