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REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 5, 2010, 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
Mayor Honea called the meeting to order at 6:59 p.m. Town Clerk Bronson called roll.
All Council Members were present.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
Mayor Honea noted that along-time resident of Marana, Robert Delaney, known as
"Big Bob," passed away last week, and noted the details of the services. He asked that
Bob be remembered.
APPROVAL OF AGENDA
Motion to approve moved by Council Member McGorray, second by Council Member
Clanagan. Motion carried unanimously.
CALL TO THE PUBLIC
Janice Mitich, Mimi Battin (who presented additional petitions on behalf of those
opposing the proposed landfill), Albert Lannon, Charles Goddard, Jr., and Tom Hill,
all of whom spoke and/or made presentations in opposition to the proposed landfill.
Speaker cards were presented by Jens T. Hill, Terri Faust, Charles Goddard, Sr., and
Betty Turner, who did not wish to speak on this issue but who registered their
opposition with the speaker cards. Bret Summers spoke on behalf of the Hartman Vista
Homeowners Association regarding a requirement under the town's Land Development
Code for HOAs to purchase a license. agreement for landscape improvements in the
town's right of way. David Morales spoke in remembrance of Ora Mae Harn with regard
to prayer at Council meetings.
PROCLAMATIONS
World Polio Day Proclamation
October 5, 2010 Council Meeting Minutes
Read by the Town Clerk. Mayor Honea presented an original copy of the proclamation
to representatives of each Rotary Club.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Comerford noted that many activities had been going on in Marana
over the past weekend, including the Arts Festival at the Crossroads Park and noted that
there was a great turnout with lots of vendors, especially in light of the 110 degree
temperature. She wanted everyone to use the website and participate in all the events that
are going on around town. Council Member McGorray noted that on October 15 there
will be a fundraiser golf tournament at the Ritz-Carlton for the Marana Health Center.
People can contact Council Member McGorray or the Marana Health Center for
participation information. Mayor Honea attended the SK run for the Marana Broncos,
raising about $3000. He also noted that there are a lot of good things going on in the
community.
Mayor Honea noted that he had just received two speaker cards and asked if Council
objected to hearing additional comments. There was no objection, and Mayor Honea
reopened Call to the Public. Linda Zupi and Albert Delgado spoke in favor of the
landfill.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Gilbert Davidson thanked Council for their support during the various events at
Employee Appreciation Week. He got lots of good feedback. He noted that the ribbon
cutting event for the Twin Peaks interchange project needed to be moved because of a
conflict with ADOT's schedule. It will now be on Thursday, November 18 at 3:00 p.m.
There will be a number of officials from around the state in attendance. He also noted
that Oro Valley will be having an honoring ceremony on Wednesday, October 6, for Bob
Delaney at the Oro Valley Council Chambers at 6:00 p.m.
PRESENTATIONS
CONSENT AGENDA
Motion to approve moved by Council Member Post, second by Council Member
Comerford Motion carried unanimously.
C 1: Resolution No. 2010-93: Relating to Development, approving the release of the
private improvement agreement for Dove Mountain Centre II, 3880 W. Tangerine Road
and acceptance of public improvements for maintenance
C 2: Relating to Administration; authorizing Town staff to pursue and approve a
settlement in the lawsuit entitled Campbell v. Elected Officials Retirement Plan. The, et
al•, Maricopa County Superior Court No. CV 2008-008969 for the amount of $950 or
less
C 3: Minutes of the September 14, 2010 special council meeting and the September 21,
2010 regular council meeting
LIQUOR LICENSES
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October 5, 2010 Council Meeting Minutes
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: Resolution No. 2010-94: Relating to Animal Control; approving and authorizing
the Mayor to execute an intergovernmental agreement with Pima County for the
provision of animal control services within the Town of Marana
Presented by Jane Fairall. She noted that the town has participated in an IGA with Pima
County for animal control for a number of years. The most recent IGA expired June 30,
2010. The proposed IGA would cover the period through 2012. She noted that there has
been a significant increase in costs. For this reason, staff has taken some time to
investigate and determine the basis for the increase. As a result of the bill received after
FY 08-09, the County was asked to review the town's bill, and there were errors found
which resulted in a reduction of nearly $17,000. Staff rewrote several sections of the most
recent standard agreement to provide more clarification and transparency showing a ratio
of expenses to services. The County did agree to the changes that the town requested.
They will provide quarterly statements to the town. They will also be required to provide
data abstracts on a quarterly basis which will give detailed records of requests for
services within the town and detailed bills. Staff discovered that the town was being
billed for things that didn't happen in the town, but services provided at residences that
had a Marana address. Ms. Fairall believes this will give the town a better ability to audit
actual services.
Council complimented Mr. Fairall for her thoroughness. Questions were raised about the
term of contract. Council Member Comerford asked if this could be reduced from two
years to one year. Ms. Fairall responded that there is a termination clause in the
agreement that allows the town to terminate with 60 days' written notice. Ms. Fairall
also noted the work of Erik Montague in this process. Council Member Clanagan
asked if there was a benefit to a two-year contract. This particular IGA has historically
been atwo=year term. He also asked what the audit disclosed other than over-billing.
Ms. Fairall noted that there were a number of calls outside of Marana that the town was
being billed for. She indicated that there was an 11 % error rate for FY 08-09. Council
Member Ziegler had concerns over the way this could be budgeted. Ms. Fairall stated
that basically we just paid the invoice, but the budget was based on a calculation of
quarterly statements. Mr. Montague would have that information. Mr. Davidson noted
that a considerable amount of time has been spent on this item, including a discussion of
options with sister jurisdictions, and he recommended adoption with the understanding
that the IGA can be terminated under the 60 day clause. He noted that there has not been
a line item for animal control services, and it's been difficult to plan for. But at this time,
we have no other viable option for these services. Council Member Post asked why his
property tax bill didn't include these kinds of services. Ms. Fairall said this has been a
topic of discussion. This method of operating is not just a model for Pima County but for
many cities and towns throughout the state. We do need to explore some other models
and see if there's something that works better for the town. Mayor Honea asked for a
motion.
Upon motion by Council Member Post, second by Council Member Clanagan, the IGA
was approved as presentea~ Motion carried 6-1 with Council Member Comerford
voting nay.
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October 5, 2010 Council Meeting Minutes
A 2: Resolution No. 2010-95: Relating to Parks and Recreation; approving and
authorizing the Town Manager to implement the Town of Marana 2010 Parks,
Recreation, Trails, and Open Space Master Plan
Presented by Tom Ellis, who had presented this item during a study session. Council
thanked Mr. Ellis and staff and the Parks & Recreation citizen advisory commission for
their two years of hard work to bring this plan before Council for adoption.
Motion to approve moved by Council Member McGorray, second by Council Member
Clanagan. Motion carried unanimously.
A 3: Resolution No. 2010-96: Relating to Utilities; adopting the 2010 Potable Water
Master Plan
Presented by Dorothy O'Brien who had previously presented this item during a study
session. Council thanked Ms. O'Brien and staff and the Utilities Commission for their
work on this plan.
Motion to approve moved by Council member McGorray, second by Dice Mayor Kai.
Motion carried unanimously.
A 4: Resolution No. 2010-97: Relating to Mayor and Council; authorizing an
alternative date for the November 2, 2010 Council meeting and possible cancellation of
December 21, 2010 Council meeting
Presented by Jocelyn Bronson. Ms. Bronson explained the reason for the proposed
changes. Election Day is November 2, and the town has the option of moving a regularly
scheduled meeting to the next day if the meeting falls on an election day. The possible
cancellation of the December 21 meeting was to accommodate Council and staff to
prepare for the Christmas holiday with their families and friends and give staff additional
time to work on the January agendas. Council voted to move the first meeting in
November to the 3rd and to cancel the December 21St meeting.
Motion to approve moved by Council Member Post, second by Council Member
Ziegler. Motion carried unanimously.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all
pending state and federal legislation and report on recent meetings of other legislative
bodies
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
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October 5, 2010 Council Meeting Minutes
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
Council Member Clanagan asked for an item on a future agenda for a special award
recognizing employees in memory of Ora Mae Harn.
ADJOURNMENT
Motion to adjourn moved by Council Member Post, second by Council Member
McGorray. Motion carried unanimously.
The meeting was adjourned at 8:04 p.m.
CERTIFICATIONI hereby certify that the foregoing are the true and correct minutes of
the Marana Town Council meeting held on October 5, 2010. I further certify that a
quorum was present.
ocel .Bronson, Town Clerk
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October 5, 2010 Council Meeting Minutes