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Home My WebLink About05/15/2012 Regular Council Meeting Minutes� ' !� � � REGULAR COUNCIL MEETING Ml[NUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 15, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Camerfard, Vice Mayor David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR Ct?UNCIL MEETING CALL TO ORI3ER AND ROLL CALL. Meeting called to order at 6:58 p.m. by Mayor Hanea. Town Clerk Bronson called rall. All Cauncil Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motian to approve by �ce Mayor Comerfvrd, seeond hy Council Member Pos� Pussed unanimausly. CALL TO THE PUBLIe. No speaker cards were presented... PROCLAMATIONS MAYOR AND COI7NCIL REPORTS. Council Member Bowen reported on his meeting with the Pinal Partnership. Vice Mayor Comerfard reported on the Heritage �onservancy event. Mayor Honea reported on several items: Pima County Sparts Authority and the vision for the caunty and the region from professional to amateur sporting events; spake to the Ora Valley Chamber of Commerce public policy committee; went to the opaning of the Northwest Fire District's new training facility north of the MOC; also attended the Heritage Conservaney event which honored Ora Mae Harn; the CAG meeting in Apache Junction last week to talk about Marana's 208 in Pinal County; also attended the Pinal Partnership and were introduced to three May 15, 2012 Council Meeting Minutes 1 new mayors — Florence, Maricopa and Superior; the annual scouting awards which recognize the adults who put money, time and effort into Boy and Girl Scauts; taured the new 120-bed, state of the art $3QM Veteran's Administration nursing facility in South Tueson for senior veterans or veterans who have been severely injured; and last Monday he was a guest on Wake-Up Tucson. MANAGER' S REPORT: SUlVIMARY OF CURRENT EVENTS. Gi(bert Davidson reported that the Council Executive Report was placed on the dais. He also noted that Mr. Ellis would be reporting on a special event planned far the Heritage Park. PRESENTATIONS P l: Presentation: Relating to the Pramotion of Heritage; the purchase of 28.8 acres of Arizona State Land adjacent to Heritage Park Drive for Heritage Park. Tom Ellis gave some history as to how it acquired an agricultural lease on property near the Santa Cruz River and how the current acquisition will add to the intended outcomes. On May 2, 2012, he and Erik Montague attended a state land auction of the 28.8 acres adjacent to the Heritage River Park for $395K. This allows all the dreams and planning to become a reality. There will be an acquisition celebration on May 3 l, 2012 at 8:30 at the pole barn. Everyone is invited and welcome. CONSENT AGENDA. MQtion to approve by Coecncil Member Post, second by Council Member Mc�orray. Passed unanimously. C 1: Relating_ta Personnel; consideration of proposed amendments to the Tawn's Persannel Policies and Procedures, revising Chapter 2- Employment Process C 2: Relatin� to Personnel; consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 1- General Employment Rights and Responsibilities, Section 1-1-3 "Equa1 Employment Opportunity Program" C 3: Resolution No. 2012-26• Relating to Utilities; approving and authorizing the Mayor to execute the Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project C 4: Minutes of the May l, 2012 study session and regular meeting LIQUOR LICENSES BOARDS, COMII�IISSIONS AND COMNIITTEES Mayor Honea noted that the Council wauld be sitting at the District Board for the following four items. B 1: (Marana Town Council actin� as the Gladden Farms Community Facilities District Board of T}irectors] � A Resalutian of the District Baard of Gladden Farms Communitv Facilities District a Cammunity Facilities District af Arizona approving a tentative budg�et for fiscal vear 2Q12-2013 �ursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates af the operation and maintenance expenses of the district, May 15, 2Q12 Council Meeting Minutes 2 the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised ta pay general obligation bonds af the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and persanal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portians of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resalution shall be effective after its passage and approval according to law. Presented by Erik Montague. Motion to adr�pt the tentative budget far FY2012-2013 in the amounz of $1, 783, 553 8y Board ltfembe� McGorray, seeond by Board Member Pos� Passed unanimously. B 2: jMarana Town Council acting as the Gladden Faxms (Phase II) Communitv Facilities District Board of Directors] • A Resolution of the District Board of f'rladden Farms CPhase II) Community Facilities District a Community Facilities District of Arizona ap�roving a tentative bud�et for fiscal year 2012-2013 �ursuant to ARS �48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital impravements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced munieipal services proposed to be paid from the t� levy and af the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes on the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and notice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds, and providing that this resolution shall be effective after its passage and appraval according to law. Presented by Erik Montague.11fotion to adapt the tentative budget for FY 2012-2013 in the amount of �152 by Baard l►�ember McGvrray, second by Board Member Posx Passed unanimously. Board Member McGorray asked if the developer were to sell the properties, would the CFD's run with the property? Mr. Montague responded that benefits and responsibilities of the �FD's would transfer to the new owner of the property. B 3: �Marana Town Council acting as the Sa�uaro Springs Community Facilities District Board of Directors] � A Resolution of the District Board of Sa�uaro Sprin�s Community Facilities District�a Community Facilities District of Arizona�approving a tentative budg;et for fiscal vear 2012-2013�ursuant to ARS §48-716; setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital impravements to be financed by the appraved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bonds of the district, all of which shall be provided for by the levy and collection of ad valorem taxes Qn the assessed value of all the real and personal property in the district; providing for notice of filing the statements and estimates, and natice of a public hearing on t�e portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law Presented by Erik Montague. Motion tQ adopt the tentative budget fdr FY 2012-2013 in the amount of May 15, 2012 Council Meeting Minutes 3 $2,698,254 by Board ltfember MeGorray, seeond by Board Member Pos� Passed unanimously. B 4: [Marana Town Council acting as the Vanderbilt Farms Communitv Facilities District Board of Directors] � A Resalution of the District Baard of Vanderbilt Farms Cammunity Facilities District a Community Facilities District of Arizona�approving a tentative budget for fiscal vear 2412-2013 pursuant to ARS §48-716�setting a public hearing date on said tentative budget; filing statements and estimates of the operation and maintenance expenses of the district, the costs of capital improvements to be financed by the approved ad valorem tax levy, and the amount of all other expenditures for public infrastructure and enhanced municipal services proposed to be paid from the tax levy and of the amount to be raised to pay general obligation bands of the district, all of which shall be provided for by the levy and collection of ad valarem taxes on the assessed value of all the real and personal properiy in the district; providing for notice of filing the statements and estirnates, and natice of a public hearing on the portions of the statements and estimates not relating to debt service on general obligation bonds; and providing that this resolution shall be effective after its passage and approval according to law. Motion tv adopt the F'Y 2012-2013 tentative budget in the amour�t of $30,t100 by Board Member Ziegler, seeond by Board Member Kai. Passed unanarnously. COUNCIL ACTIQN A 1: Ordinance No. 2012.03 : Relating to Finance; adopting the amended Town of Marana Comprehensive Fee Schedule and designating an effective date. The ordinance and the accompanying resolution were read together and will be presented together for one vote. Presented by Erik Montague, He noted that the majority of changes from April 17, 2012 ta today incorporate a lot af the Parks & Recreation fees. It was determined to strike and remove those at this time and allow for the comprehensive program fee structure along with the overarching principles be established at the Parks & Recreation level first and then come back before council at the appropriate time. He noted one minar error ta the Open Swim fee for persons under 18 years of age on page 178which was discovered after the schedule had been uploaded to the packet. He went on to explain that that item should be $1.00 instead of $.25. Motion to approve Ordinance No. 2012. 03 and Resalution Na. 2012-27as presereted by Council tl�ember Bowen, second by Vice MayQr Comerford Passed unanimously. Resolution No. 2012-27: Relating to Finance; declaring the amended Town of Marana Comprehensive Fee Schedule as a public record filed with the Town Clerk. A 2: Resolution No. 2012-28: Presentation: Relating to Budget; adopting the fiscal year 2012- 2013 tentative budget. Presented by Erik Montague as the culmination of much effort since January, 2412. He nated that the tentative budget establishes the overall spending limits for F� 2012-2013 of about $819M, which is a reduction of the current adopted budget of almost $12'TM or abaut a$45M change or 35%. The majority of the change is related to a reduction of some budget capacity related to capital projects. If approved this evening, this will establish the May 15, 2012 Council Meeturg Minutes 4 overall spending limit for the town for next year. An area of interest and focus is the general fund and general fund reserves. The budget before Cauncil is a true balanced budget; revenues equal expenditures and all transfers in and out. It does anticipate, consistent with what was presented earlier in the year, was a strategy on how to deal with the additional one cent af contracting sales tax. For the last nurnber of years, instead of having one cent in the general fund and three cents in the transportation fund as part of the balancing mechanism to work through the recession, we allocated one full additianal cent out of the transportation fund ta the general fund. The tentative budget transfer is one half of that one cent back. The strategy is half this year, half ne� budget cycle to get out of overly relying an those revenue sources. It does establish a contingency of about $1.SM, and staff is suggesting a slight shift in the amount of the contingency that's budgeted, and instead of just a haphazard number of $1M, a peg balance of five percent of next yeax's appropriation far more consistency would be established. Providing for contingency still requires Council appraval. Should an event occur, staff would come before you ta ask for that to be approved; budget capacity is there. Mr. Montague noted that the contingency funds have been used in the past, the most recent was to settle a lawsuit related to the Honea Heights area of about $600K. The contingency fund is for emergency capacity should an event occur and gives staff the actual spending authority to react to that event. It's not intended to be a balancing mechanism. The reserves are really the rainy day funds. So any use of the contingency would reduce the amount of reserves but it would not be replenished. Use of the contingency reserves is on a very conservative basis. The authorized positions for consideration are included in the sheet — 312.33. There are a number af part-time positians. From FY 2012, it's an increase of a little over three positions. Five positions were added, but there were also shifts in changes in existing positions. Staff is asking to increase the FTE by one, related to a change of adding a Grade 4 operator for the wastewater treatment plant. Staff is anticipating no cost impact change related ta that. Mr. Montague then briefed the Council on the sources and uses for the budget. He summarized that the overall expenditur� limitation for FY 2013 is $81.9M and incorporates the Marana economic recovery plan and continues core services. Prior to adoptian of the final budget, expenditures can be reduced or moved around, but no increase in the overall amount can occur. If the tentative budget is approved, it will be published as required by statute, giving notice of the public hearing for the final budget on June 19, 2Q12. Council Member Bowen asked how money is shifted in the budget. Mr. Montague responded that far the 2013 budget, it would be administratively only. He and the town manager would cansult on what shifts or changes would be made. In past practice, a sumrnary of changes, or reconciliation has been pravided to Council, rather than bringing each change before Council. If maney was moved between departments or between funds or if there was a need to use contingency funds, then staff would come back to Council. Motion to adopt the FY 20�'2-2013 tentative budget by Council Member Mc�orray, second by Vice Mayor Camerford Passed unanirnously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legislation and Gavernment Actions: Discussian and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcc�rning meetings of other governmental bodies. Presented by Del Post, who addressed Council noting that the Legislature has clased and the Governor signed the budget. Staff scheduled time on June 5, 2012 for the lobbyists to come to Council and give an overview of the legislative sessian and respond to any questions from Council. Mayor Honea noted that the May 15, 2012 Council Meeting Minutes 5 Gavernor did sign HB 2826, the consolidated elections bill, which means that all elections, unless challenged in the courts, will be held in even years in September and November starting in 2014. EXECUTIVE SESSIONS. Motion to go into Fxecutive Sessivn an item E.2 by Councii Member Pvst, secvnd by �QUncil Member Nfc�arrtty. Fassed unanimvusly. E l: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion ar consultation for legal advice with the Town Attorney concerning any matter listed an 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 attarneys 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-Ot}1131, Arizona Court of Appeals No. 1 CA CV 11 0381; (Z} the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C24116094; and (3) pending legal issues, settlement discussians and contract negotiations relating to the transition of Marana wastewater collection and treatment ta the Town of Marana Mr. Cassidy asked for a motion fram Council far authorization to staff to proceed with the process that was outlined in executive session. Motion authorizing staff to proceed as outlined in executive session by Council 1►�ember Past, second by Council Member Bowen. Passed unanimausly 4-0, as Co�etacil Members Kai, McGorrtty a�nd Ziegler were nvt at the dais. FUTURE AGENDA ITEMS Notwithstanding the mayar's discretion of what items to place on the agenda, if three or mare council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOLI]ZNMENT. Motion to ndjourn at 9:42 p.trc by Council Member Past, second by Council �ember Bowen. Passed unanimously 4-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Tawn Council meeting held on May 15, 2012. I further certify that a quorum was present. ocelyn . Bronson, Town Clerk ��i&� �1` pF , �� ► /+�� COR� : ; S� ! ��'�aiu�a ��'�' �ia' May 15, 2012 Council Meeting Minutes 6