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HomeMy WebLinkAbout06/26/2012 Special Council Meeting Agenda PacketMARANA TOWN COUNCII. Special Council Meeting - SPECIAL COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Chambers, June 26, 2012, at or after 6:00 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 ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others,�lease turn off or �ut in silent mode all pagers and cell�hones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibilitv To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Special Council Meeting - June 26, 2012 - Page 1 of 11 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from �:00 a.m. to �:00 p.m. Posted no later than Monday, June 25, 2012, 6:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. SPECIAL COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the call to the public will not be provided with electronic technology capabilities beyond the existing voice ampli�cation and recording capabilities in the facilities and the town's overhead projector/document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES Special Council Meeting - June 26, 2012 - Page 2 of 11 COUNCIL ACTION A 1: Ordinance No. 2012.04: Relating to Elections; authorizing a special Town of Marana election on November 6, 2012 for the purpose of voting upon whether the Town of Marana shall be authorized to acquire the Marana Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and current and future service area connected to or associated with it; and declaring an emergency (Frank Cassidy) A 2: Resolution No. 201�-54: Relating to Elections; authorizing the special Town of Marana election on November 6, 2012 to be conducted not as a mail ballot election; and declaring an emergency (Frank Cassidy) ITEMS FOR DISCUSSION/POSSIBLE ACTION 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), 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 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more 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) ADJOURNMENT Special Council Meeting - June 26, 2012 - Page 3 of 11 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Chambers, June 26, 2012, 6:00 PM To: From: Mayor and Council Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item A 1 Subject: Ordinance No. 2012.04: Relating to Elections; authorizing a special Town of Marana election on November 6, 2012 for the purpose of voting upon whether the Town of Marana sha11 be authorized to acquire the Marana Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and current and future service area connected to or associated with it; and declaring an emergency Discussion: If adopted, this ordiance will set a special Town of Marana election on the statewide general election date of November 6, 2012, for the purpose of asking the qualified electors of Marana to authorize the Town's acquisition of the Marana Wastewater Reclamation Facility (MWRF). A June 14 Court of Appeals opinion in the wastewater case held that Marana's 1988 election was not speci�c enough to authorize the acquisition of the MWRF. The Town will seek reconsideration and review of that opinion, which will not be final until the reconsideration and review period is ended. New complications will be introduced into the pending SB 1171 litigation if the opinion has not been reversed or modified by reconsideration or review before the Town can hold a new election. To minimize the chances of the June 14 opinion introducing complications into the pending SB 1171 litigation, voter authorization for acquisition of the MWRF should be obtained as soon as possible. Based on normal election timeframes, the November 6, 2012 ballot is the earliest the measure can be considered, and even then the election must be authorized by the Council no later than July 5, 2012. Financial Impact: The election will likely cost between $65,000 and $150,000, depending on whether the measure is added to the statewide general election ballot or is handled as a separate all ballot by mail election (which is the subject of a separate item on tonight's agenda). ATTACHMENTS: Name: Description: � Ordinance No. 2012.04 Special sewer authorization election Ordinance 2012.04 (00030926).doc Type: Resolution Special Council Meeting - June 26, 2012 - Page 4 of 11 Staff Recommendation: Council's pleasure. Suggested Motion: I move to adopt Ordinance No. 2012.04, setting a November 6, 2012 special Town of Marana election for the wastewater measure. Special Councif Meeting - June 26, 2012 - Page 5 of 11 MARANA ORDINANCE NO. 201�.04 RELATING TO ELECTIONS; AUTHORIZING A SPECIAL TOWN OF MARANA ELECTION ON NOVEMBER 6, 2012 FOR THE PURPOSE OF VOTING UPON WHETI�R THE TOWN OF MARANA SHALL BE AUTHORIZED TO ACQUIRE THE MARANA WASTEWATER RECLAMATION FACILITY AND THE WASTEWATER FACILITIES, SETBACK AREAS, ACCESS RIGHTS, AND CURRENT AND FUTURE SERVICE AREA CONNECTED TO OR ASSOCIATED WITH IT; AND DECLARING AN EMERGENCY WHEREAS the Arizona Court of Appeals issued a June 14, 2012 decision in the case Town ofMarana v. Pima County finding that the Town of Marana's 1988 election to authorize the Town of Marana to construct, purchase, acquire, lease, own and operate a municipal wastewater and sewer system was too general and unspecific to satisfy the voter authorization requirement of A.R.S. § 9-S 14 (A) to authorize the acquisition of the Marana Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and current and future service area connected to or associated with it; and WHEREAS the Town Council of the Town of Marana finds that acquisition of the Marana Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and cur- rent and future service area connected to or associated with it is a critical element of the Town's fu- ture water resource portfolio; and WHEREAS regular Town of Marana primary and general elections are held in March and May of odd-numbered years, so a Town of Marana election on any other consolidated election date authorized by A.R.S. § 16-204 (B) is considered a special Town of Marana election; and WHEREAS A.R.S. § 9-514 (A), Marana Town Code Section 2-2-6 (A), and the general laws ofthe State of Arizona authorize the Town Council ofthe Town ofMarana to place measures on the ballot of a special election; and WHEREAS the Town Council of the Town of Marana finds that placement of this measure on the November 6, 2012 ballot is in the best interests of the Town and its residents and businesses. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCII, OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The following question shall be submitted to the voters of the Town ofMarana at a special Town of Marana election to be held on November 6, 2012: Shall the Town of Marana be authorized to acquire the Marana Wastewater Reclamation Facility (located in the southeast quarter of Section 14, Township 11 South, Range 10 East, G&SRB&M) and the Speci���nr�� .��c,� 2012 - Page 6 of 11 _ 1- 6/25/2012 1:00 PM wastewater facilities, setback areas, access rights, and current and fu- ture service area connected to or associated with it? SECTION 2. The Town Manager, Town Attorney, Town Clerk, and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms and objectives of this ordinance, including without limitation all actions necessary or desirable to comply with all applicable laws and regulations relating to or necessary for the November 6, 2012 election, including without limitation any and all activities related to the preparation, printing and distribution of the publicity pamphlet and to the execution of contracts necessary for the same. SECTION 3. The Town Clerk is hereby authorized and directed to place a public notice in the Daily Territorial, notifying the public that arguments for and against the measure will be accepted by the Town Clerk no later than 5 p.m. on Wednesday, August 8, 2012. SECTION 4. The Town Clerk is hereby authorized and directed to charge an amount of mon- ey to offset a portion of the proportionate cost of the purchase of the paper and the printing of the arguments received for and against the measure, as provided in A.R.S. § 19-124 (D). SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 26`" day of June, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mayor Ed Honea Mazana Ordinance No. 2012.04 - 2- 6/25/2012 I:00 PM Special Council Meeting - June 26, 2012 - Page 7 of 11 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Chambers, June 26, 2012, 6:00 PM To: Mayor and Council Item A 2 From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable 5ubject: Resolution No. 2012-54: Relating to Elections; authorizing the special Town of Marana election on November 6, 2012 to be conducted not as a mail ballot election; and declaring an emergency Discussion: In August 201 l, the Town Council adopted Resolution No. 2011-79, calling for all future Town of Marana elections to be held as mail ballot elections. The wastewater measure has been set for a special Town of Marana election on November 6, 2012, which will coincide with this year's statewide general election. This proposed resolution has been prepared in the event the Council chooses to hold a normal, non mail ballot election, for the wastewater measure on November 6. If the Council decides that it prefers to hold a mail ballot election, it should simply not adopt this resolution. Resolution No. 2011-79 will then control the situation, and a mail ballot election will be held. The Town Clerk has been in contact with the Pima County Division of Elections, which has indicated that it will not handle a mail ballot election at the same time as the statewide general election. So if the Council chooses not to adopt this resolution, and instead opts to have a mail ballot election, the Town will need either to handle its own mail ballot election or find another entity to assist in the handling of the election. If the wastewater measure is part of the statewide ballot, it will be the last item on an extremely long ballot. Voter fatigue may be a factor in the responses. If a mail ballot election is held, the wastewater measure will be the only item on the ballot. Financial Impact: The cost of doing a non mail ballot election and simply adding the wastewater measure to the statewide election ballot is likely to be $55,000 or less. This is the approximate cost for each of the two 2011 Town of Marana elections. Assuming the Town can find a vendor to handle the mail ballot election, or can handle the election itself, for about the same $5.75 per ballot price as Pima County typically charges for a mail ballot election, the cost of the mail ballot election is likely to be about $108,000. Special Councii Meeting - June 26, 2012 - Page 8 of 11 These costs do not include the cost of preparing and mailing the publicity pamphlet, which will apply to either method of voting. We anticipate the cost of the publicity pamphlet around $8,000 for printing and mailing to each qualified elector. ATTACHMENTS: Name: � Resolution 2012- 54 Nov 2012 as non-all- mail-ballot election (00030930).doc Description: Resolution No 2012-54 Non All Mail Ballot Election Type: Resolution Staff Recommendation: Council's pleasure. Suggested Motion: IF THE COIINCIL WISHES TO DO A NORMAL (NON MAIL BALLOT) ELECTION: I move to adopt Resolution No. 2012-54, providing for the November 6, 2012 special Town of Marana election to be a normal, non mail ballot election. IF THE COIJNCIL WISHES TO DO A MAIL BALLOT ELECTION: I move that Resolution No. 2012-54 be rejected, and that the November 6, 2012 special Town of Marana election be held as a mail ballot election. Special Council Meeting - June 26, 2012 - Page 9 of 11 MARANA RESOLUTION NO. 2012-54 RELATING TO ELECTIONS; AUTHORIZING THE SPECIAL TOWN OF MARANA ELECTION ON NOVEMBER 6, 2012 TO BE CONDUCTED NOT AS A MAIL BALLOT ELECTION; AND DECLARING AN EMERGENCY WHEREAS Marana Resolution No. 2011-79 provides for all future elections to be mail bal- lot elections; and WHEREAS the Town Council of the Town of Marana has set a special Town of Marana election on November 6, 2012, for the purpose of having the qualified electors vote on the acquisi- tion of the Marana Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and current and future service area connected to or associated with it, as provided in A.R.S. § 9-514 (A); and WHEREAS a state-wide general election will be held on November 6, 2012, including the election of President of the United States; and WHEREAS the Town Council ofthe Town of Marana finds voter confusion may occur ifthe Town holds a mail ballot election for the Town of Marana measure on the same day as a state-wide general election. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana special election on November 6, 2012, shall not be con- ducted as a mail ballot election. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED bythe Mayor and Council ofthe Town ofMarana, Arizona, this 26�` day of June, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocel}m C. Bronson, Town Clerk Frank Cassidy, Town Attorney Muana Resolution No. 2012-54 Special Council Meeting - June 26, 2012 - Page 10 of 11 6/25/2012 1:15 PM 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Chambers, June 26, 2012, 6:00 PM To: Mayor and Council From: Town Clerk Strategic Plan Focus Area: Not Applicable Item E 2 Subject: 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 Discussion: ATTACHMENTS: Name: Description: No Attachments Available Type: Staff Recommendation: Suggested Motion: Special Council Meeting - June 26, 2012 - Page 11 of 11