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HomeMy WebLinkAbout02/07/2012 Regular Council Meeting Minutes M ARA NA =/" REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 7, 2012, 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. The meeting was called to order by Mayor Honea at 6:58 p.m. Town Clerk Bronson called roll. All Council Members were present except Council Member Ziegler, who was excused. There was a quorum present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve the agenda by Council Member Post, second by Council Member McGorray. Passed unanimously 6 -0. CALL TO THE PUBLIC. David Morales addressed the Council and expressed his concerns over the town now operating the Luckett Road wastewater plant. Ed Stolmaker, president and CEO of Marana Chamber of Commerce, that on February 16, 2012 at Heritage Highlands, the Chamber is having its 2011 Community and Business Builder of the Year awards. He invited all Council Members to attend, noting that this is an exciting event for the business community and for the town. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Vice Mayor Comerford announced that the Blue Star Mothers, an organization which helps support the military, is collecting U.S. flags which have been flown over family homes but may be ready for destruction. The organization is properly removing the stars and incorporating them into cards for U.S. servicemen and women abroad to let them February 7, 2012 Council Meeting Minutes 1 know that they have been and are being thought of If anyone has flags they can bring them to her, she'll get them to the Blue Star Mothers organization. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No report. PRESENTATIONS CONSENT AGENDA. Motion to approve the Consent Agenda by Council Member Post, second by Vice Mayor Comerford Passed unanimously 6 -0. C 1: Resolution No. 2012 -08: Relating to Utilities; approving and authorizing the Mayor to execute an agreement with Pima County for Sludge Disposal Services C 2: Resolution No. 2012 -09: Relating to the Police Department; approving and authorizing the Town Manager to execute two Subgrantee Agreements with the Arizona Department of Homeland Security for purposes of receiving funds under the 2011 Operation Stonegarden Grant Program C 3: Resolution No. 2012 -10: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the design concept study of the Tangerine Road improvement project between Interstate 10 and La Canada Drive C 4: Minutes of the January 3rd regular meeting, the January 10 study session, and the January 24th study session LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Relating to Boards, Commissions and Committees; update from the Subcommittee for Commission and Board appointments. Council Member McGorray, as chair of the subcommittee, reported on the activities of the subcommittee at their January 19 meeting. She noted that Council Members Ziegler and Bowen are also on the subcommittee. Anyone knowing of potential applicants for either the Planning Commission or the Board of Adjustment can submit their applications to Jocelyn Bronson, Town Clerk. The next meeting of the subcommittee will be Thursday, February 16, 2012. COUNCIL ACTION 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 Deputy Town Manager, Del Post, who reported on legislation currently introduced during this legislative session. As of February 3, 1420 bills introduced, many of which don't have anything to do with local government, but there are a few that may have some relevance. Deadlines have passed in both the House and Senate to introduce new bills, but there is a February 7, 2012 Council Meeting Minutes 2 less frequently used process by which can still be used to introduced. He also noted a more thorough tracking sheet of all bills introduced or are moving that affect local which was distributed on the dais. He gave an overview of a few bills which have a potential impact to Marana. SB 1288 (Griffin) is designed to eliminate the fee imposed on cities and towns to fund operations of the Arizona Department of Water Quality. The fee for Marana amounts to about $40K for this fiscal year and would grow over time. There appears to be broad support for the bill at this time. The next bill is HB 2168 (Dial) provides an option for a permit applicant in any town or city in Arizona to obtain the permit through a self - certification process that would have to be established by the town. The bill suggests that this would apply to any and all permits. There is significant concern over this bill. Last week an amendment was added to limit this bill to cities and towns with a population over 100,000, but no action has been taken on the amendment. Next is SB 1113 (Barto) divests control in an HOA of roads within the HOA that have been dedicated to a town or city. After a developer surrenders control of the HOA to the town, the HOA would no longer have any ability to regulate activity in streets running through that HOA. SB 1485 (Melvin, et al) regarding collective bargaining of public unions or public associations of employees. This bill would prohibit political subdivisions from collectively bargain or meet and confer with public associations or unions of public employees. It would preclude a city of town from even recognizing an association or union. This is expected to make it to the Governor's office. HB 2468 (Gray) requires a city or town to perform an audit of its public services. If after conducting an audit it is concluded that there are public services offered that do not directly relate to the welfare safety or health of the public health, those services would have to be offered out to private bid. HB 2570 (Olson) would prohibit any ordinance or legislative act of a town or city from going into effect until three separate readings on three separate days have been held. The proposed legislative act or ordinance would have to be noticed to the public within at least 14 days prior to the public meeting. This could substantially stifle the reasonable pace of government and could have an indirect impact on businesses and developers in the community. The bill is of some concern and is scheduled for a committee hearing next week. HB 2361 (Pruett) is related to consumer fireworks regulation. Two sessions ago there was a bill that passed that removed from local control the ability to use and sell fireworks unless there was an immediate danger of fire around the city or town. This bill would do away with the restriction and give cities and towns back the ability to regulate fireworks. There is broad support for this bill. The last bill is HB 2264 (Robson) relates to the Arizona State Retirement System and the employee /employer contribution rates. This bill would undo a previous statute that increased an employee's contribution from 50% to 53% and an employer's contribution from 50% to 47 %. This bill requires the city or town to give back the three percent that it saved during the fiscal year 2011 -12. There is some corollary litigation going on declaring the previous legislation as unconstitutional. Mr. Post then gave a quick update on the independent redistricting commission (IRC) process. The proposed maps which he showed to Council in late 2011 were submitted February 7, 2012 Council Meeting Minutes 3 January 18, 2012 to the U.S. Department of Justice. They have 60 days to review and provide feedback to the IRC on the maps. He has copies of the maps in his office and would be happy to review them with the Council at any time. Mr. Post clarified the basis for the opinion on SB 2264 which held that last year's statute was unconstitutional. EXECUTIVE SESSIONS. Mayor Honea asked for a motion to go into Executive Session on Item E 2. Motion to go into executive session by Council Member McGorray, second by Council Member Bowen; passed unanimously 6 -0. 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 1103 8 1; (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. Meeting reconvened at 7:46 p.m., with Council Member Kai excused. FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn by Council Member Bowen, second by Council Member McGorray; passed unanimously 5-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 7, 2012. I further certify that a quorum was present. ```a O /ij,� ?Ocelo-l Town Clerk ` . lo � 0 W �sll'1l1!! February 7, 2012 Council Meeting Minutes 4