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HomeMy WebLinkAbout08/06/2013 Regular Council Meeting MinutesCOUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 6, 2013, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member COUNCIL MEETiNG MINUTES CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order 7:00 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by Council Member Bowen. Passed unanimously. CALL TO THE PUBLIC. JoAnne Westerman, accompanied by Brian and Lynn Bouffard of the Old Father Inn, thanked the Mayor and Council for their support on behalf of Project Warneke named for fallen firefighter from Marana, Billy Warneke. Ms. Westerman thanked the Mayor and Council Members who participated in last Saturday's fundraiser, noting that about $2200 was raised by "dunking" the Mayor, for which he received a special "duckie". She also presented Project Warneke t-shirts to the Council and Mr. Davidson. Mr. Bouffard noted that altogether $10,640 was raised from that event. Gordon Hamilton spoke on behalf of a Planning Commission decision to prohibit offsite medical marijuana cultivation locations due to high-risk security issues. He cited some sources to negate that decision and stated that he felt it was a bad precedent to rush through a code change to the Land Development Code that target specific businesses after they have already started the conditional use permit process. He asked that consideration be given for applicants to complete the conditional use process. David Morales Study Session Minutes — August 6, 2013 Page 1 of 8 read from pieces of a memorandum discussing the 2012 budget from Mr.Huckelberry printed in the newspaper recently on the issue of the town's recent acquisition of a wastewater facility. PROCLAMATIONS MAYOR AND COtJNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford reported on various events that took place since the last Council Meeting in July. She expressed her thanks to the police and staff who helped prepare for the funeral of hotshot firefighter Billy Warneke. She noted that four fundraisers have been held in Marana including many businesses. She also commented on the presentation by Chief Rozema on the recent acquisitions ta the Police Department of their stealth motor units and DUI vehicle received through highway grants. The Marana Marlins swim team took the championship at the last meet of the summer. There are over 150 kids on that team alone. She recently joined the Lions Club and noted that the organization in conjunction with the Marana Health Center did vision testing for kids going back to school. She also attended several events put on by the Marana Chamber of Commerce. She noted that there are so many positive things going on in Marana that she intends to come before Council every few months with a report of activities to let people know how involved staff, citizens and businesses are in the community. Mayor Honea reported that he was on the selection committee for the new PAG/RTA executive director who chose Farhad Moghimi, who used to work for the Town of Marana. He is currently the Assistant Town Manager in Sahuarita. The Mayor noted that it's good to have someone in that position with whom the Town has a good relationship. He also was on the Wake Up Tucson show last week. He also talked about the Project Warneke fundraiser and said he was really proud of the community and what we are able to accomplish. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson reported that the July Council Executive Report is on the dais, and noted that after a brief hiatus, we'll be going back to at least two Council meetings per month. PRESENTATIONS CONSENT AGENDA. Frank Cassidy noted that on C 9, he made a revision to the Exhibit A which corrected some cross-references and other things. That revision is on the dais. Council Member McGorray moved to approve the ConsentAgenda with the revision noted to the exhibit for item C 9(Ordinance No. 2013.017 and Resolution No. 2013-082), second by Council Member Ziegler. Passed unanimously. C 1: Resolution No. 2013-076: Relating to Community Development; approving and authorizing the Mayor to execute an Intergovernmental Cooperative Agreement between Study Session Minutes — August 6, 2013 Page 2 of 8 Pima County and the Town of Marana for the Community Development Block Grant (CDBG) Program and Home Investment Partnership Program for federal fiscal years 2014-2016 C 2: Resolution No. 2013-077: Relating to Community Development; approving and authorizing the Mayor to execute Intergovernmental Agreement Amendment Number One between Pima County and the Town of Marana for the management and implementation of the 2011-2012 Community Development Block Grant program C 3: Resolution No. 2013-078: Relating to the Police Department; approving and authorizing the Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving reallocated funds under the 2011 Operation Stonegarden Grant Program C 4: Resolution No. 2013-079: Relating to Real Estate; approving and authorizing the Mayor to execute reciprocal intergovernmental agreements between Pima County and the Town of Marana for use of one another's public rights-of-way C 5: Resolution No. 2013-080: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. to support the operation of the Marana Visitor Center and the provision of services to the Marana community C 6: Ordinance No. 2013.014: Relating to Business Regulations; amending Town Code Section 9-1-12 (Additional reporting requirements) to modify additional reporting requirements for businesses selling or renting specified adult-oriented merchandise; and designating an effective date C 7: Ordinance No. 2013.015: Relating to Administration; amending Town Code Section 3-1-3 (Classification of employees) and Section 3-2-12 (Assistant chief of police) to change the position title of Assistant Chief of Police to Deputy Chief of Police; and designating an effective date C 8: Ordinance No. 2013.016: Relating to Mayor and Council; amending Town Code Section 2-1-6 (Bond) to modify provisions related to bonds for the Mayor and Council Members; and designating an effective date C 9: Ordinance No. 2013.017: Relating to Health and Sanitation; amending Chapter 10-2 entitled "Maintenance of Property" to add new Section 10-2-4 prohibiting dilapidated buildings; amending Section 10-2-1 to add definition of dilapidated building; modifying related provisions; and designating an effective date. Resolution No. 2013-082: Relating to Health and Sanitation; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2013.017 to Study Session Minutes — August 6, 2013 Page 3 of 8 Marana Town Code Chapter 10-2 "Maintenance of Property;" amending Chapter 10-2 to add new section 10-2-4 prohibiting dilapidated buildings; amending section 10-2-1 to add definition of dilapidated building; modifying related provisions; and designating an effective date C 10: Relating to Annexation; request for direction on possible Wastewater Reclamation Facility annexation located west of the intersection of Treatment Plant Road and Luckett Road north of Marana Road. C 11: Relating to Annexation; request for direction on the possible Twin Peaks & Oasis Annexation located on the northeast corner of Twin Peaks and Oasis Road. C 12: Approval of July 2, 2013 Council Meeting Minutes LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Carol A. Dimit on behalf of The Humane Society of Southern Arizona for a fundraiser to be held on Saturday, August 1'7, 2013. Presented by Jocelyn Bronson who noted that the application was properly reviewed; no protests were received, and staff is recommending approval. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. L 2: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Steven Sargent on behalf of the American Diabetes Association for an event to be held on Saturday, September 7, 2013. Presented by Jocelyn Bronson who noted that the application was properly reviewed; no protests were received, and staff is recommending approval. Motion to approve by Council Member Ziegler, second by Council Member Kai. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2013-081: Relating to Boards, Commissions and Committees; reappointing John Anderson and Thomas Hestwood and appointing Linda Lammers to the Town of Marana Personnel Action Review Board. Presented by Suzanne Machain. She noted that John Anderson and Thomas Hestwood are currently on the Personnel Action Review Board with terms to expire at the end of August. They have asked for reappointment. A third member of the Board moved out of the area which necessitated recruitment for a new member. Linda Lanlmers has the appropriate credentials and has been involved in the community for several years. Motion to approve by Council Member McGorray, second by Vice Mayor Post. Passed unanimously. Study Session Minutes — August 6, 2013 Page 4 of 8 COUNCIL ACTION A 1: Ordinance No. 2013.018: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Pioneer Remainder -- Twin Peaks Annexation being an area containing approximately 38.84 acres of land, including the adjacent rights-of-way, generally located westerly of Casa Grande Highway, north and south of Twin Peaks Road and easterly of Tiffany Loop. Presented by Cynthia Ross from the Planning Department. Council Member Bowen asked what parcels or pieces of land are owned by the Town. Mr. Davidson responded that the town is annexing property that was acquired through the building of the Twin Peaks interchange. The islands represent other property owners, some of whom we are continuing to work with for a future annexation. For those properties, we'll be coming back to Council at another point in the future. Motion to approve by Council Member Kai, second by Council Member McGorray. Passed unanimously. 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. Del Post introduced Ryan Harper from Triadvocates. His team does a tremendous job representing the Town on legislative issues. Ryan Harper noted that it is the fourth year Triadvocates has represented the town. He began with a quick legislative review by the numbers. It was a long and contentious legislative session, almost 40 days longer than the last session. All the numbers are below the 15-year average. The two most significant reasons are that almost one-third were freshmen. New members are generally trying to figure out how to work the legislative process which contributes to a smaller number of bills, but also this year, the Governor announced a sweeping legislative package that included expanding Arizona's Medicaid program, and a lot of the focus was spent on that. He noted that the town is mostly centered in District 11 with Senator A1 Melvin, Rep. Adam Kwasman and Rep. Steve Smith. A small part of the town is in District 9, which is a small district and is split between Sen. Steve Farley, Rep. Ethan Orr and freshman Rep. Victoria Steele. This year the Governor's policy priorities and the budget linked in a way that has not been seen before. The Medicaid changes were very controversial within the Republican party, and the budget could not move until that issue was resolved. In terms of this year's budget, the general fund is $8.8B, an increase of $129.SM. Another $20M is in federal funds and dedicated funds without state appropriation. Major changes include a$101 M reduction in AHCCCS which is largely due to Medicaid restoration. There's almost $123M in K-12 spending, mostly on inflation; almost $70M in DES funding primarily centered on the CPS system to add case workers and staff; and nearly $29M for universities. This year there is significant funding for IT projects. The state is Study Session Minutes — August 6, 2013 Page 5 of 8 currently operating off of an archaic mainframe system. Ryan expanded on the Medicaid restoration issue. Challenges still remain. In Arizona we have the ability to refer any legislation to the ballot, and that is currently taking place where former Senator Frank Antenori and former Senator Ron Gould are heading up a group of conservatives seeking to refer the law to the ballot. They will need to collect approximately 120,000 signatures in 90 days. That clock started at the end of June which would require collecting 1,000 signatures a day. Legal challenges remain relative to Prop. 108, which requires any tax must be approved by the Legislature by a two-thirds majority. There are exemptions in the law, and the Governor used one of those exemptions to move the Medicaid forward which meant she did not need a two-thirds majority. The Goldwater Institute is making threats of challenging that exemption that she used. The Governor's priority one B was the TPT simplification. While he recognizes that the Council is probably very familiar with this legislation, he wanted to point out that this bill was really saved by eleventh hour negotiations. There was opposition in both chambers to one of the prior proposals and a lot of the conservatives in the House and Senate on the tactics the Governor used to pass Medicaid, they didn't want to give her anything else. Through the work of the League and the town and the work of the Mayor and many others who did a good job negotiating, there was progress made on the bill at the end of the session. It passed out of both houses almost unanimously. The TPT bill moves us closer to compliance with the Federal Marketplace Fairness Act. There is a pending piece of legislation in Congress that would allow the state to tax Internet transactions. Another area of interest is with education issues. This is the first time in five years that we've seen across the board inflationary spending for education, largely due to a lawsuit won by district and charter schools. That money can also be used to fund the new Common Core standards (federal standards which replace our state learning standards) which allows for better comparison of performance across states. The state also eliminated the AIMS test starting in 2016. There will be a high stakes test associated with Common Core, but mostly likely called something else. There is new funding for student longitudinal data system which allows for tracking data from kindergarten through college. Next year, the legislature expressed their intent to fund a large part of K-12 funding through Performance Funding as well as for the universities and rural community college funding. The number one priority for Triadvocates this year was to support the town's negotiations with Pima County regarding wastewater. This involved the repeal of the legislation two years ago that gave the town the authority to operate and own the wastewater plant. We worked with Rep. Adam Kwasman to move forward HR 2492, which was part of the settlement. He then gave a brief review of other bills of municipal interest. Speaker Tobin introduced a sweeping bill on allowing the private sector to partner with local municipalities to help local municipalities manage their water effort. He did run into Study Session Minutes — August 6, 2013 Page 6 of 8 significant opposition from farmers, primarily in the Yuma area. Mr. Tobin is currently doing a statewide listening tour of agriculture/farmer/developer interests across the state, and we expect to see a revised version of this bill next year. In terms of election reforms, Rep. Farnsworth sponsored HB 2305 which makes some significant changes to how we do elections in Arizona. One of the two most significant changes regards Permanent Early Voting Lists or PEVL. Once you put your name on that list you will receive an early ballot forever. This bill now allows the county recorders to remove the names of individuals on the PEVL if they don't vote in two or more elections in a row. During this last election cycle, especially in the Congressional races, we waited a very long time to find out who the winners were, and the county recorders attributed that to the PEVL. Individuals are on the PEVL but they're not voting early. They're showing up at the polls and voting on election day, which they can do, but the county recorders must hold all those ballots back, and they can't county them until they are sure you didn't mail a ballot a couple of days before you voted. So that was the main issue why there was a significant time lag there. Moving an individual from a PEVL list was a way to help that. HB 2593 by Rep. Mesnard changed campaign contribution limits in Arizona. This significantly increases what individuals can spend on elections. It increases the personal limits on elections from $450 to $2500. It dramatically increases political action committee contributions - up to $5000. Rep. Mesnard said the reason he brought this bill forwaxd was that he wanted to dilute the interests of some of the citizens united groups — the dark money in elections. He wanted candidates to have more money to control their own message. SB 1454 was the last bill passed by the legislature year. It allows municipalities to extend the terms of their Council members so they can comply with the consolidated elections bill from 2012. Mr. Harper then siunmed up his presentation with observations of the past year and lessons learned going forward. Some questions posed for 2014: are bills passed in 2013 may have residual impacts; moderates are losing a key Senator (Rich Crandall), and he will mostly likely be replaced by someone from the conservative right in East Mesa and Apache Junction; and members need issues to campaign on. Continuing issues will be Speaker Tobin's water bill and education funding battles at all levels. A11901egislators are up for election. All constitutional officers are up for election. Will the new contribution limits impact the Clean Election Act? The Republican caucus is fractured, and it will require time to heal those wounds. As the economy recovers, there will be more money coming into the state coffers, and battles will ensue as to how to spend that money. There will undoubtedly be a big debate on how to fund education — through performance funding? — by writing large checks? - where best to put that money? EXECUTIVE SESSIONS Study Session Minutes — August 6, 2013 Page 7 of 8 E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask far discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to adjourn by Council Member Bowen, second by Council Member McGorray at 7:50 p.m. Passed unanimous. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 6, 2013. I further certify that a quorum was present. �- � � .I� � , �. : . . . � Study Session Minutes — August 6, 2013 Page 8 of 8