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HomeMy WebLinkAbout06/19/2012 Regular Council Meeting Minutes-� �.:� � w fl� ��� ���� reM�n+4► r�e� REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 19, 2012 at or after 7:OQ 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 at 7:04 p.m. by Mayor Honea. Town Clerk Bronson called roll. All Council Members were present; there was a quorum. PLEDGE QF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA . Motion by Council Member Ziegler to approve the agenda as amended 6y moving item CIl to the first item on the Action agenda, second by Council Member %ai; motion approved unanimously. GALL TO THE PLTBLIC. David Morales spoke regarding Council as the policy setting body for the town. Mayor Honea called individuals who had submitted speaker cards for items on the Consent Agenda to come back and speak to those issues. Jaime deZubeldia spoke regarding Item C3, the Marana Farm operated by the Community Food Bank at the Heritage Park. Regina Fitzsimmons is a writer and editor at the Southwest Center at UA. She also spoke to item C3 and read a letter from her colleague, Dr. Gary Paul Nabhan. Ciena Schlaefli spoke to Item C5, an intergovernmental agreement between the Drachman Institute at the UA and the Town. PROCLAMATIONS Proclamation for Barbara Johnson. Town Clerk Bronson read the proclamation. Mayor Honea noted that a brick and the proclamation would be presented to Ms. Johnson on June 28, June 19, 2012 Council Meeting 1 2412 for her official retirement celebration. Ms. Johnson expressed her thanks for the kind words of the proclamation and nated that nothing can happen without Council setting policy for stafF to craft the processes to enable management of the vision to town has set for itself. She acknowledged the impact of teamwork and that the citizens are the reasons public servants are able to do the work they do. She believes in the community and for the work she has been able ta participate in. Relating to July as designated Parks and Recreation Month Relating to Proclamation forDrowning Awareness Month MAYOR AND COUNCIL REPORTS: SLi�vJ1V1ARY OF CURRENT EVENTS Council Member Post spoke regarding the Marana Marlin Swim Team; Vice Mayor Comerford said she had been out of town for a few weeks and was very glad to be back in Marana. Cauncil Member Ziegler remarked on the impressive tour of BioS at the University of Arizona which was led by Fernando Martinez. Mayor Honea spoke regarding the meetings the Council and senior staff are having with leaders throughout the community. He also attended the TREO annual meeting last week. 'The Foothills Optimists gave the town $2000 at the Ora Mae Harn Park which helps about 200 underprivileged cluldren have a pool pass for the summer. They have done this for many years. He also went to BioS with Council Member Ziegler. MANAGER'S REPORT: SLt�vIMARY OF CURRENT EVENTS Mr. Davidson noted that this is the last regular meeting of the fiscal year. T`he next regular Council meeting will be Ju1y 17. PRESENTATIONS CQNSENT AGENDA. Upon motion by Council Member Post, second by Vice Mayor Comerford, the CansentAgenda was approved unanimously, with Item CIl moved to thefirst item on the Action agenda. C 1: Resolution Na 2012-36: Relating to Municipal Court; appraving and autharizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pima County for provision of video-court hearings of municipal prisoners C 2: Resolution No. 2012-37: Relating to Business Regulations; approving and authorizing the Mayor to execute Amendment No. 1 to the intergovernmental agreement between the Town of Oro Valley and the Town of Marana for reciprocal hearing officer services under Arizona Revised Statutes Section 9-500.12, providing that the Oro Valley Town Attorney will serve as hearing officer for appeals brought under Chapter 9-4 of the Marana Town Code regarding massage establishments. C 3: Resolution No. 2012-38: Relating to Real Estate; approving and authorizing the Mayor to execute the lease and use agreement between the Town of Marana and the Community Food Bank for operation of the 1Vlarana Community Food Bank Farm at the Marana Heritage River Park June 19, 2012 Council Meeting 2 C 4: Resolution No. 2012-39: Relating to Developrnent; approving a final plat for Gladden Farms Blocks 35 & 39 Lots 1-205, Blocks A, B, & C and Common Areas: "A-1 "-"A-17" (Landscape/Utility), "B-1"-"B-10" (Landscape/DrainagelUtility/Recreation) C 5: Resolution Na. 2012-40: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the Arizona Board of Regents, University of Arizona on behalf of the University's Drachman Institute for the development and creation of a Master Concept Site Plan for the Marana Heritage River Park C 6. Resolution No. 2012-41: Relating to the Police Department; approving and authorizing the Town Manager to execute a C'rrant Agreement (HT-12-2214) with the City of Tucson to receive funding under the High Intensity Drug Trafficking Area Grant Program C 7: Resolution No. 2012-42: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for payment for incarceration of municipal prisoners C 8: Resolution No. 2012-43: Relati�g to Building Codes; Approving and authorizing the mayor to execute the extensian of an intergovernmental agreement with Pima County for the regulation of public property regarding code compliance for public buildings C 9: Resolution No. 2012-44: Relating to Emergency Management; approving the Pima County Multi-Jurisdictional Mitigation Plan 2012 C 10: Resolution No. 2012-45: Relating to Development; approving a release of assurances for San Lucas Block 11 and acceptance of public improvements for maintenance. C 11: Resolution No. 2012-46: Relating to Development; approving a final plat for Skyranch II, Lots 1-53 and Common Areas "A" (private streets) and "B" (open space) . This item was moved to the Action agenda. Presented by Kevin Kish, who noted that Block A is owned by Meritage. Speakers included Jeannette Studer, Mike Studer, James Kurtis, Ruth Kurtis, Michael Belin - all residents of Skyranch, and Jeff Grobstein with Merita.ge Homes. Mr. Kish noted that staff had a conversation with Mr. Stiteler, the master developer, who is looking to close out within 90 days, transferring Parcel A to the Town, and deeding over Common Area B, the 80% open space of the total Skyranch to the newly formed HOA. The HOA transferred to the residents last year; it has been a transition period. He also had a meeting with the attorney who represents the Skyranch HOA, who is supportive of the town going forward with the transfer of title to Parcel A ta the Town and the transfer of title to Common Area B to the HQA. The basis for objections to this final plat seems to be whether the master developer will in fact turn the property over within 90 days. Mr. Davidson noted that he was the staff person who spoke to Mr. Stiteler today. Mr. Stiteler told Mr. Davidson that he intends to complete that process within 90 days a.nd work with the HOA to get that finxsbed. Mr. Stiteler said he still has some outstanding issues to work out with the HOA. Jeannette Studer passed out a map of the Skyranch subdivision and addressed the total lack of communication from the town and with the HOA. She noted the amenities that were or are being turned over to the HOA, but further noted that the HC?A has never been invited to participate in discussions to review the final plat. Mr. June 19, 2012 Council Meeting Cassidy clarified that it is the preliminary plat process where citizens can give input. The final plat process is ministerial and does not permit input. James Kurtis then spoke. He noted that the Board of the HOA is very concerned about retaining their 20% development and $0% open space. They would like to be included in what is going to be happening with the children's education center. Mike Studer then called to the Council's attention the lack of cornmunication as noted by reading letters from Meritage Homes that should have been written to the HOA and a letter that should have been written by the town to the Board of Directors of the HOA to invite comments on the Skyranch Specific Plan area. His paint was that there be more public exposure and openness be brought to the planning proeess. Jeff Grobstein from Merita.ge Homes in the Tucson area addressed some of the concerns noted, saying that he personally attended meetings with the HOA and he does have correspondence to and from Mr. Kennedy regarding mapping of the property. He also noted that Meritage is a ca- declarant but not the �aster developer — a separate issue, Ruth Kurtis then spoke regarding Parcel A and to Meritage as a good builder in the development. She would like to see the 90 day turnover happen even faster and noted that homeowners would like to help facilitate turnover or tabling this item for a short time. Council Member McGorray asked if there was any way to minimize the 90 days. Mr. Davidson responded that there are two separate issues. Meritage has already purchased the property from the master developer and gone through the ministerial process to their project. There are some outstanding issues related to the developer and the HOA. His conversation with the developer today is that the developer is going to continue to work with the HOA ta make the transfer. What is before Council tonight is the process the builder has gone through to be able to move forward. And then there are some other issues that the master developer needs to complete. They are not necessarily linked. Council Member McGorray noted that if Council proceeds with this tonight, the HOA will have no clout legally to the transfer of title of the open space. Mr. Cassidy responded that there is no connection between this plat and getting the master developer to perform. The town has a contract with the master developer, and has not so far not held them to that. Since 2007, there have been ongoing requests for discussion with the developer, and he's never' come forward. The town can enforce the contract, but it has nothing to do with holding Meritage responsible. And then with open space (Common Area B), the original plat very clearly requires the master developer to turn over the open space to the HOA, and the town can enforce that, even though we (town) have not done that. Mr. Cassidy does not recommend that Meritage should be held responsible for another's parly's non-performance. If there is not a prompt turning over of the properties, staff can come to Council and recommend appropriate action. Mr. Davidson interjected that he can press on the master developer to act more quickly; he doesn'f make visits to Arizona periodically. Michael Belin then addressed Council as a member of the HOA and stated that he agrees that from a builder's points of view, these are totally separate events, and he doesn't have a problem with the development of the additional land. �-Iowever, as a homeowners' point of view, these are not separa.te events. They want some assurances that the master developer will do as he says. Mayor Honea reiterated the town's attorney saying the town has recourse with the developer. Council Member Post addressed the HOA wanting to be involved in platting process, which adds anather layer which won't do any goad because the Council is bound by the laws we have in place, including the Specific Plan. Mr. Cassidy agreed and clarified that in the context of a , June 19, 2012 Council Meeting 4 subdivision plat, the town Council is acting in accordance with Arizona law. If the plat meets a11 the statutory requirements, the Council must apprave it. That's why it's called a ministerial process which is different from the rezoning process where there is a lot of discretion. There is no discretion in the subdivision platting. In fact, it would be misleading to invite the HOA to comment as if yau would be able to change the rules that exist — they can't be changed. Council Member Post said that if there is a motion on this item tonight, Council should add on to instruct town staff— management and legal — to pursue this issue of title to Common Area B transferring to the HOA so that it doesn't come back. Motion by Council Member Ziegler to adopt Resolution No.2012-46, apprvving a final platfor Skyranch II Lats 1-53 and Common Areas "A" (private streets) and "B" (open space), {Council Member Post asked to add onto the motion `and also instruct town staff to aggressively pursue, including legal, the dedication of the properties that go along with the common areas in Parcel A'}, second by �'ouncil Member Pos� Passed unanimously. C 12: Resolution No, 2012-47: Relating to Community Development; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transporta.tion Authority of Pixna County and the Town of Marana for the regionalization of public transit and special needs transportation services and maintenance of effort funding C 13: Resolution No. 2012-48: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3- Compensation, Policy 3-3 "Classification Plan" and Policy 3-9 "Adjustments to Pay" C 14: Relating to Personnel; consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 5- Work Rules, Policy 5-i-4 "Meal Breaks and Rest Breaks" C 15: Meeting minutes from the June Sth 2012 Study Session and Regular Council Meeting Mayor Honea introduced some people in the audience who came in support of Item C3 on the Consent Agenda. Bill Carnegie, the CEO of the Southern Arizona Food Bank, Robert Ojeda, Jesse Baxter and other colleagues involved with the food bank. He noted that even though things are changing at the farm, the town is appreciative of the food bank as a community partner. LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the sta.te liquor board regarding a new Series 12 (Resta.urant) liquor license application submitted by Clinton Bolin for the Station, located at 8235 N. Silverbeil Road. Jocelyn Bronson presented this item to Council, noting that the applicant was properly posted, no protests were received, and staff is recammending approval to the liquor board. Motion to approve by Councdl Member McGorray, second by Vice Nfayor Comerfor� �'assed unanimousdy, BOARDS, COMMISSIONS AND COMMITTEES June 19, 2012 Council Meeting 5 B 1: PUBLIC HEARING: Resolution No. GFCFD 2012-02: [Marana Town Cauncil acting as the Gladden Fartns Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms Community Facilities District for the fiscal year beginning July l, 2012 and ending June 30, 2013. Board Chair Honea opened the public hearing. Erik Montague presented the item. There were no speakers from the public. Board Chair Honea closed the public hearing. �Iotion to approve by Board Member McGorray, second by Board Member Bvwen. Passed unanimously. B 2: PUBLIC HEARING: Resolution No. GFCFD2 2012-02: [Marana Town Council acting as the Gladden Farms (Phase II} Community Facilities District Board of Directors]: A Resolution of the District Board of the Gladden Farms (Phase II) Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms (Phase II) Community Facilities District for the fiscal year beginning July l, 2012 and ending June 30, 2013. Board Chair Honea opened the public hearing. Erik Montague presented the item. There were no speakers from the public. Board Chair Honea closed the public hearing. Motion to approve by Board Member �owen, second by �oard Member Ziegler. Passed unanimously. B 3: PUBLIC HEARING: Resolution No. SSFCD 2012-02: [Marana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors]: A Resolution of the District Board of the Saguaro Springs Community Facilities District, Pima. County, Arizona, approving the final budget for the Saguaro Springs Community Facilities District for the fiscal year beginning Ju1y l, 2012 and ending June 30, 2013. Soard Chair Honea opened the public hearing. Erik Montague presented the item. There were no speakers from the public. Board Chair Honea closed the public hearing. Motivn to upprove by Board Member 11�cGorray, second by Bourd Member Ziegler. Passed unanimously. B 4: PUBLIC HEARING: Resolution No. VFCFD 2012-02: [Marana Town Council acting as the Vanderbilt Farms Community Facilities District Board of Directors]: A Resolution of the District Board of the Vanderbilt Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Vanderbilt Farms Community Facilities District for the fiscal year beginning July 1, 2012 and ending June 30, 2013. Board Chair Iionea opened the public hearing. Erik Montague presented the item. There were no speakers from the public. Board Chair Honea closed the public hearing. Motion to approve by Board Member gai, second by Board Member Bowen. Passed unanimously. COLTNCIL ACTION. Council took a 10-minute break at 8:41 p.m. and resumed at 8:51 p.m. A 1: Resolution No. 2012-50: Relating to the Police Department; approving and authorizing the Mayor to execute a Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association relating to wages, hours and working conditions for the time period of July l, 2012 through June 30, 2014. Presented by Deputy Town Manager Del Post, Deputy Town Attorney Jane Fairall, Human Resources Director Suzanne Machain and Police Chief Terry Rozema. The purpose of the presentation is to request the Cou.ncil to adopt the Memorandum of Understanding (MOU) which has been in negotiation since January. Jane Fairall gave an overview of the Meet and Confer ordinance currently in effect; how we got to where we are now and some of those legal highlights. Suzanne Machain described some of the June 19, 2012 Council Meeting 6 goals the town set out with for this year's Meet and Confer process as well as the progress of the process and described the items still in dispute between the town and MPOA. Those items include setting a different process for PD regarding a formal grievance process, PD pay plans, an MOU reopener based on fluctuations in state shared revenues and overtime pay for grant-funded work. Chief Terry Rozema discussed and provided an overview of the MOU which reinforces the chain of command, provides clarity and streamlines processes and provides uniformity across the department, allows the department head to retain operational control and allows time to develop a new model. Chiefs Rozema's vision is to take a good police department and make it a great police department. He emphasized that there are great people in the police organiza.tion, and to get great people to make a great organization, the two must come together to make great processes. The current process does not necessarily do that even though it's a start. But it is not the most efficient and effective way to operate. Chief Rozema asked Council to adopt the MOU as the town staff has brought it forward, because it's the process we have right now, and it's the process that has been used for the last 5-6 months. Adopting this MOU also allows staff to develop a new model which can provide a better process. Del Post concluded that one of the strategic goals of the town is to have the best police department in the state. To do that, we can't rely on old models. We must be creative and innovative and use this opportunity to apply a model that can reach across the entire organization. He then went on to describe some elements that could be incorporated into a new madel. First, there must be good communication. Everyone must feel that they have the ability to raise issues about delivering the best public service. Second, we need to provide opportunities for leadership development for employees. Third, is empowerment. All employees are stakeholders in the organization. Too often, they feel that in order to address an issue, they need to let the association take the lead. What we want is a 24/7 ability to address issues as they arise. This is a new key element. Fourth, there must be appropriate systems, pol�cies and procedures in place that support open channels of communication of leadership and of empowerment. And fifth, recruitment is key. To have the greatest department in the sta.te, we need to continue efforts to recruit the best. Town staff is working on the new model. Sta.ff recommends the adoption of the MQU as presented. Mario Williams, representing the MPOA and their attorney, Martin Binn, then presented to Council regarding the four items still in dispute between the town and the MPOA. In their presentation, the MPOA proposed that the current MOU Article 5 grievance review process remain unchanged. Regarding the secand issue, that of step pay plans, the MPOA posed that th� process remain unchanged. MPOA believes that removing discussion of wages and/or step pay plans from the MOU violates the town's existing ordinance. Council Member Ziegler raised the point which was clarified by Mr. Davidson that discussion of step plans or pay raises is not going away. It's just being removed from the MOU and included as part of the town's overall salary schedule. If there are future opportunities for pay raises, they should be looked at across the board for all employees. The step schedule is not going away. The MPOA believes this should remain as a bargaining point in the MOU. The MPOA's concern is that under the MOU process, it's up for discussion. If not in the process, it can't be discussed. Mr. Davidson again clarified that salaries for a11 departments are discussed as part of the budget process. Council Member Ziegier raised the point that if that issue is kept in tlYe MOU, it's discussed only every two years. If it's in the budget, it's discussed each budget cycle. Mr. Binn countered that if this change occurs, would the 1VIPOA be allowed to talk about it every year. Mr. Davidson reiterated that pay is probably going to be discussed every year, whether it's part of the Meet and Confer/MOU or not, but the town definitely wants to'create strategies for enhancing pay for June 19, 2012 Council Meeting - 7 officers and retaining staff which requires continual dialog rather than just every two years. Issue three is whether the MOU should be reopened if there is a change in state shared revenues. The MPOA is not oppased to reducing wages if there is a decrease in state shared revenues. They would like a term added that if the state shared revenue is increased, the MOU could be reopened to discuss the wage issues. Issue four is the topic of overtime. Officers work grant-funded overtime, typically after they work their regular 40 hours. Officers are looking for overtime wages at time and a half even if they don't reach 40 hours in their regular work week. The MPOA proposed this as a benefit to help member officers who have been hit hard by health insurance increases. He used the Stonegarden off-duty work as an example. Council Member Ziegler offered that all town employees have been affected by the increase in health insurance increases and asked why not working a full 40-hour week should affect grant-funded work. Mr. Binn concluded by sta.ting that a11 the stakeholders need to be part of the process and stated that he would like Council to follow the MPOA recommendations. Discussion ensued relating to a parallel process for grievance review called PARB. Mr. Williams confirmed that the MPOA has used the GRC under the MOU. Council Member Bowen stated his concern over having two grievance review processes. Mr, Binn responded for the need which is governed by state law for police which don't apply to regular employees, but he wasn't totally familiar with the process. Council Member Bowen asked why there need to be parallel processes for the police department and for other employees regarding salaries. Mr. Binn replied that if there is a conflict, it's because that is what is in the Meet and Confer ordinance. Jane Fairall noted that the ordinance includes things such as compensation. Her interpretatian is that it is an issue that can be discussed in the Meet and Confer process, not that it's required to be discussed. Even if you take the position that it's required topic of discussion, there's nothing in the ordinance that requires that the actual pay plan remain inside the MOU or as an attachment to the MOU. , You can actually talk about those things without the pay plan being embedded within the document. With respect to the grant-funded work, Council Member Bowen stated that Council shouldn't be establishing policy to deal with an exception, which is how he understands the argument Mr. Binn presented. Mr. Binn agreed. Vice Mayor Comerford stated that there are state and federal laws that govern how employees are paid, and the town could lase all kinds of funds if grants are not being properly accounted for. Mr. Binn acknowledged that he doesn't know how the grant-funding mechanism works. However, under the Fair Labor Standards Act, you (the town) are allowed to provide more benefits versus fewer to your employees. Erik Montague addressed the issue of the grant-funding mechanism. With respect to charging a salary and time to grant programs, the Office of Management and Budget established the rules. It requires when you charge salary and wages to a federal program, it needs to be substantially equivalent to the same process you use to charge non-federal programs. It would not be his recommendation to charge overtime rates to a federal program that are not consistent to town practices or rules. It could potentially be a matter of a questioned cost, which could lead to a finding in a single audit report that may result in the loss of forfeiture of federal funding in the future for non-compliance. We are obligated to comply with rules related to federal funding, and he would extend that to other similar grant programs. Councii Member Post stated that with respect to disputed item one, he would like to have the police officers association go through the same process as other town employees. Numbers two and three he views together. If the Marana police of�icers are included with the town's classification salary schedule, and we receive more state shared revenue, our employees are important, whether they be police officers or regular employees. If we get more, we'll try to pay June 19, 2012 Council Meeting $ mare. With respect to Item four, he feels it's a risk that anyone would face. If you work overtime, you get paid for overtime. If you don't work overtime, you don't get paid, whether you're sick or for some reason couldn't come to work. Council Member Bowen stated that at this point, he is of a mind to agree with the town on the matters, although he is open to discussing these things. However, he doesn't feel that the cass has been made for the matters that remain in dispute to go to the side of the MPOA. But if there is merit in them going forward, he is willing to reconsider his position. Council Member Ziegler agreed with Chief Rozema and Mr. Del Post, who said the town wants to get to a place where the police and other town departments work well together and without division. It's time to move on because we have the leadership in the police department to get to where we need to go. Del Post concluded by saying that never has the town painted a finger at the MPOA. He believes that they have been camplimented, especialiy for the work they've done this year. It is the process, not the MPOA, that the town is constructively critical of. Motion by �ce 1Y�ayor Comerford to authorize the Mayor to �zecute a Memorundum of Understanding between the Town of Marana and the Murana Police O�cers' Association relating to wages, hours and working conditions for the time period of .Iuly 1, 2412 through June 30, 2414. Second by Council Member Ziegler. Passed unanimously. A 2: PUBLIC HEARING: Resolution No. 2012-51: Relating to Budget; adopting the Town of Marana's fiscal year 2012-2013 final budget. Mayor Honea opened the Public Hearing. Presented by Erik Montague. He noted that the tentative budget was ado�ted on May 15, 2012. Adopting that tentative budget set forth the expenditure limitation for the town. The proposed budget was properly published and noticed with respect to this hearing. This budget authorizes the total number of positions to 313.33 FTE's which is a slight change from the previously year, mostly related to wastewater. It also incorpora.tes a cost of living adjustment of two percent for eligible employees, which is intended to partially offset the cost of inflation. There is also included a lump sum pay adjustment for eligible employees which is intended to recognize the extended period of four fiscal years where no increases were made. It also includes speciai equity adjustments for to compensate for new employees who have come in to positions at a higher rate — approximately 25 positions were impacted. Council Member Post moved to approve the FY 20�2-2013 fanal budget, second by �ce 1Vlayvr Comerforr� Mayor Honea elosed the public hearing. The motion passed G-0, Council 11�ember McGorray having left the dais af 14:00 p.m. A 3: Resolution No. 2012-52: Relating to Personnel; approving salary schedules for classified and temporary employees for fiscal year 2012-2013. Presented by Suzanne Machain. She noted that this item comes to Council each year for approval. The rates include the two percent cost of living adjustment mentioned by Mr. Montague. Also included are administrative corrections to titles, the range change based on evalua.tions and new titles for new and existing positions. There are two versions of the classified sehedule included in the packet, not knowing which way Council would vote on the MPOA item. The e�ibit which includes the PD salary schedule should be included as the correct attachment in your motion. Motion to approve by V'ace Mayor Comerford with the PD classified salary schedule for the FY 2t112-2�13. Second by Council Member Pos� Passed unanimously 6-0. June 19, 2012 Council Meeting 9 A 4: Resolution No. 2012-53: Relating to Finance; declaring, for purpose of Section 1.150-2 of the Federal Treasury Regulations, official intent to be reimbursed in connection with capi#al expenditures related to acquisition of the "Marana Wastewater Facility" and related improvements. Presented by Erik Montague. This is directly related to the town taking over of the wastewater treatment facility. This would allow for the reimbursement af casts that have or will be incurred between now and when some future debt issuance occurs and sets forth an 18- month timeline from the date of expenditures. If approved, it allows the town to be reimbursed for certain eligible costs that have or will occur. It does not authorize the issuance of any debt at this point. The authorization would be set at a maximum or ceiling of about $1.75M based upon an estimated or projected costs. Council Member Bowen asked if this exists in the town's budget or on a balance sheet a an IOU. Mr. Mo�tague responded that portions of it could be related to a general fiind borrowing for expenditures that have occurred within the last 60 days or so. The significant sources of the funding used to pay for these costs is general fund cash. There are other means of evaluating costs that have been incurred which would be part of future structuring. The reimbursement would effectively beef back up the general fund. Motion to approve by Vice Mayor Comerford, second by Council Member Bowen. Passed 5-0, with Council Member Kai abstaining. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legislation and Government Actions: Discussion and possible action regard3ng all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies EXECUTIVE SESSIONS. Motion to go into executive session on Item E2 hy Council Member Bowen, second by Council Member Ziegler at 10:11 p.m. Passed 5-0; Council Memher Kai left the dais. E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consulta.tion 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 Toum'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. CV200&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. Council reconvened at 10:43 p.m. �Iotion by Vice Mayor Comerford, second by Council Member Pvst to authorize town staff tv proeeed with the process outlined in executive session June 19, 2012 Council Meeting 10 which would include scheduling a Special Council Meeting on June 26, 2012. Passed unanimously S-4. 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 (Mara.na Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT. Motion to adjourn at IOt44 p.m. by Council Member Bowen, second by Council Member 2iegler. Passed unanimously S-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 19, 2012. I further certify that a quorum was present. June 19, 2012 Council Meeting 11 Jocelyn C. Bronson, Town Clerk