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Home My WebLink About11/01/2011 Regular Council Meeting Minutes A =/ I \ of NPAWK REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 1, 2011, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, 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; there was a quorum. PLEDGE OF ALLEGIANCE /INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Upon motion by Vice Mayor Comerford, the agenda was amended to correct an error in the minutes from the Council retreat and to move item C1 from the Consent Agenda to item A3 on Council Action. Motion seconded by Council Member Ziegler, and the agenda was approved unanimously as amended. CALL TO THE PUBLIC. Ed Stolmaker, President and CEO of the Marana Chamber of Commerce, presented Josh Wright, ex- officio member of the Chamber Board, a certificate of appreciation for his service to the Chamber. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Ziegler thanked Post Farms and its affiliates for the outstanding pumpkin patch it sponsored this year. It was a tremendous addition to the Marana events calendar. Council Member Post commented on Founders' Day events he was able to attend. Council Member McGorray also commented favorably on the Post Farms pumpkin patch as did Vice Mayor Comerford, who also enumerated the many events Council attended during the month. Mayor Honea also commented on the several events previously discussed by Council. November 1, 2011 Council Meeting Minutes 1 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson commented that Del Post, Ann Meaders and he will be attending the Arizona Town Hall next week. He thanked Josh Wright for his many contributions and wished him well in his new venture. PRESENTATIONS P 1: Relating to Community Development; providing an overview of events that took place during the October 22, 2011 Neighborhood Clean Up Day. Presented by T VanHook, who thanked her staff and the 650 volunteers — both staff and citizens — who made this event such a great success. Thirty -three homeowners in the Honea Heights, Marana Estates, and Adonis neighborhoods were helped through various services such as tree trimming, house painting, porch building and general clean up. Mayor Honea commented that this was the largest outpour of volunteer efforts that he has seen and thanked T VanHook, Monica Valdenegro, and JR Burns for their efforts in coordinating this event. P 2: Relating to Special Events; review of the 34th annual Marana Founders' Day Festival event. Presented by Josh Wright and Del Post. Mr. Post thanked the many employees, volunteers and community partners that helped make the event a success. Mr. Wright provided an overview of some of the highlights of the event. It was the first time Founder's Day was expanded to a four -day event. The Marana Rotary Club oversaw the Heritage Dinner, while rodeo events operated throughout the weekend. Gladden Farms held a l OK, and a carnival was brought in for the entire weekend. SAACA brought many vendors into the park. Overall the event was well diversified and provided a range of activities for people to experience. Mr. Wright thanked Adelina Martin, Special Events Coordinator, for coordinating the entire event. He also thanked all town staff for all of the work they did. Mr. Post noted that a study session would be set up for the future to discuss how to make the event even better in the coming years. P 3: Relating to Budget; an update of the Town's financial status of the General Fund for the first quarter of the 2011 -2012 fiscal year. Erik Montague gave a brief overview of the first quarter budget status noting that overall numbers are trending with projections. CONSENT AGENDA. Motion to approve as amended by Council Member Post, second by Council Member Bowen. Passed unanimously. C 1: Resolution No. 2011 -97: Relating to Community Development; approving and authorizing full execution of an intergovernmental agreement with Pima County for the management and implementation of the 2011 -2012 Community Development Block Grant program C 2: Resolution No. 2011 -98: Relating to Community Development; approving and authorizing the Town Manager to execute Amendment #1 to Subgrantee Agreement 10- AZDOHS-HSGP- 777901 -02 between the Town of Marana and the Arizona Department of Homeland Security, extending the termination date for receiving funds under the 2010 Urban Area Security Initiative to January 31, 2012 November 1, 2011 Council Meeting Minutes 2 C 3: Minutes of the Strategic Plan Council Retreat (October 6 -8) and the October 4 regular meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Ordinance No. 2011.26: Relating to Animal Control; amending the Marana Town Code Title 6 "Animal Control "; modifying the required contents of dog license tags; providing for an exception to the prohibition of dogs at large for certain service animals; reclassifying violations of chapter 6 -4, entitled "Cruelty and Neglect of Animals," as class 1 misdemeanors and revising the penalties for these offenses; adding new section 6- 4 -3, entitled "Duty to Obtain or Render Aid to Animal Struck by Vehicle "; modifying various other provisions; and designating an effective date Resolution No. 2011 -99 Relating to Animal Control; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2011.26 to Marana Town Code Title 6 "Animal Control," modifying the required contents of dog license tags, providing for an exception to the prohibition of dogs at large for certain service animals, reclassifying violations of chapter 6 -4, entitled "Cruelty and Neglect of Animals," as class 1 misdemeanors and revising the penalties for these offenses, adding new section 6 -4 -3, entitled "Duty to Obtain or Render Aid to Animal Struck by Vehicle ", and modifying various other provisions. Ordinance No. 2011.26 and Resolution No. 2011 -99 were taken together. Jane Fairall explained the major changes as indicated in the agenda language. The purpose of this item is for the town to adopt the same definition of service animal that the Department of Justice adopted and to add a limited exception to the town code for certain service animals with regard to the town's leash law. The code change will also require any person who strikes a domestic animal with a vehicle to stop and render aid or call the proper authorities to come render aid. The final change will allow for a greater range of penalty and sentencing to be imposed for cruelty and neglect of animals. Council Member Bowen asked for clarification on the penalties for Class 2 misdemeanors. Council Member Post expressed concern about animals on private property. Ms. Fairall stated that even a dog that has been kept on private property of its owner needs to be confined inside a house or other building or within a fence or similar enclosure of sufficient strength and height to prevent the dog from escaping from the property. Motion to approve the ordinance and resolution by Council Member Ziegler, second by Council Member McGorray. Passed unanimously. A 2: PUBLIC HEARING: Ordinance No. 2011.27: Relating to Development; approving and authorizing the Mayor to execute a development agreement with Republic Services dba Saguaro Waste Services for a waste transfer station in Rancho Palomitas. Council Member Kai declared a conflict of interest and left the dais. Mayor Honea declared the Public Hearing open. Frank Cassidy presented the item as carrying out the provisions of the specific plan ordinance. He noted that this item attempts to address all of the major concerns that will be raised in reference to a waste transfer station. Mike Carlier was in the audience representing the owner. Mayor Honea declared the public hearing closed, as there by no speakers from the audience. Vice Mayor Comerford November 1, 2011 Council Meeting Minutes 3 asked about ingress and egress from Tangerine Road. Mr. Cassidy stated that there is a provision that requires the owner to construct that traffic control facility in order for them to receive a certificate of occupancy permit from the town. Motion to approve by Vice Mayor Comerford, second by Council Member Bowen. Passed unanimously. C 1: Resolution No. 2011 -97: Relating to Community Development; approving and authorizing full execution of an intergovernmental agreement with Pima County for the management and implementation of the 2011 -2012 Community Development Block Grant program. T Van Hook presented the item, noting that Pima County awarded the town $100,000. During the grant period the town did apply for more funding on other projects but no other funding was awarded. Mayor Honea commented that since 2007 the town's CDBG award has decreased dramatically. He stated that the City of South Tucson is receiving $300,000 or more of these funds. Ms. VanHook noted that the town has seven colonias whereas the City of South Tucson in its entirety is a colonia. These are currently the only certified colonias in Pima County. The competitive process for CDBG dollars in Pima County differs from all other processes in that the Town of Marana competes directly against the non -profit organizations which are also applying for the CDBG funding. Council Member Ziegler asked for information on the committee or people who decide how the dollars are awarded. Ms. VanHook stated that once the application is submitted the town does not see a recommended list until the Board of Supervisors receives their recommendation from the Pima County Department of Community Development and Neighborhood Services. Pima County does not publish any scoring criteria for those applications. Council Member Bowen asked for clarification on the colonias. Vice Mayor Comerford commented that Pima County has repeatedly taken these dollars and other grant dollars away from the town. She directed staff to submit a public records request on the process that Pima County uses to award these funds. Mayor Honea concurred with Vice Mayor Comerford. Motion to approve by Council Member McGorray, second by Council Member Bowen. Passed 6 -1, with Council Member Ziegler casting a nay vote. ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Relating to Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation /government actions and on recent and upcoming meetings of other governmental bodies. Presented by Mayor Honea, who stated that he requested to have this item placed on the agenda so that he could attend a state redistricting meeting on November 4 and voice his opinion. He invited all Council Members to attend as well. Motion to approve having Mayor Honea speak on behalf of the Council at the state redistricting meeting by Vice Mayor Comerford, second by Council Member Bowen. Passed unanimously. Josh Wright provided some additional information that the chairwoman of the IRC, Ms. Mathis, was removed by the Senate this afternoon. Secretary of State Bennett, acting while the Governor is out of state, convened a special session of the legislature, and they did vote 21 -6 in the Senate to remove Ms. Mathis. Mr. Wright also noted that discussions are already beginning for the next legislative session to begin in January, including bills to do away with fees for HURF and the Arizona Department of Water Resources. There are also a few proposals dealing with tax issues, specifically standardizing tax codes across the state and what to do when the three -year temporary sales tax increase goes away in November 1, 2011 Council Meeting Minutes 4 2013. The other major area of discussion is on elections, specifically moving all city and town elections to the fall. EXECUTIVE SESSIONS Upon motion by Council Member Bowen, second by Council Member McGorray, it was moved to go into executive session on Item E2 and E3 at 8:32 p.m. Passed unanimously. 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), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, Arizona Court of Appeals No. 1 CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 3: Executive session pursuant to A.R.S. § 38- 431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the possible purchase of certain water and wastewater utility facilities and real property FUTURE AGENDA ITEMS ADJOURNMENT Upon motion by Council Member Post, second by Council Member McGorray, the meeting was adjourned at 9 :44 p.m. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 1, 2011. I further certify that a quorum was present. `o � ® ® ,� Jocel . Bronson, Town Clerk § 1�� # 11111 001 l W s� V I A November 1, 2011 Council Meeting Minutes 5