HomeMy WebLinkAbout05/19/2020 Regular Council Meeting Summary Minutes MARANA AZ
ESTABLISHED 1977
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
May 19, 2020 at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call the
roll. Vice Mayor Jon Post, Council Members Dave Bowen, Patti Comerford, Herb Kai,
Roxanne Ziegler and John Officer were present. There was a quorum of council
members present constituting a quorum.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor
Honea.
APPROVAL OF AGENDA
Council Member Bowen moved and Vice Mayor Post second the motion to approve the
agenda as presented. Motion passes, 6-1. Nay, Council Member Comerford.
CALL TO THE PUBLIC
Mayor Honea opened the meeting to receive public comments and the below
individual provided comments.
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Audra Winters wished to thank the Mayor and Council for its support and guidance on
behalf of the business community during the past couple of months.
PROCLAMATIONS
P1 Proclamation declaring May 17-23, 2020 as National Public Works Week (Cherry
L. Lawson)
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Bowen commented on returning to the Chambers for the meetings,
that he was glad to be back.
Council Member Comerford read from a prepared statement as follows, I love our Town
of Marana. I know the rest of the Council does as well. I have spent the last 25 years working
with this town, and its wonderful citizens and businesses. I have seen new businesses come and
put in the sweat and tears to work hard and see their labor of success.
Now people are hurting. Job losses, business livelihoods lost or put in extreme jeopardy. People
are scared. Messages are confusing.
We worked so hard to get to where we are; how can we lose it all? Everyone has always worked
together. We have been through tough times before. We have come out swinging and have
succeeded beyond our wildest dreams. We have been blessed. We did it with hard work and
determination. Our own staff gave back half a million dollars of their own salaries to help
towards that success. I will never forget those sacrifices made so willingly.
I would like to point out that all the decisions made in response to the Covid-19 pandemic for the
Town of Marana were made solely by the Mayor and the Town Manager. The Town Manager's
report incorrectly states that the rest of the Council were included in the Mayor's order. The rest
of the body of six members have never officially approved or disapproved those decisions with an
official vote by us. Some of these decisions were made without our knowledge. I want the record
to be clear on this.
First, I would like to acknowledge our Town employees who have been working through this
pandemic. Our police officers, park crews, street crew, and support staff who have diligently
shown up to work day after day putting themselves on the line for those who we serve and a
government that proudly serves the public.
I want to thank the Marana Chamber for all the hard work in assisting our businesses during
this difficult time. If it were not for you, our businesses would not have had the help they needed
to apply for assistance available to them. As far as I know, the Town did not assist the local
businesses in any way. Thank you Chamber for your hard work. I know you had to lay off one of
your employees and took a cut in salaries as well. I appreciate your dedication and hard work.
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For our leadership staff who each have their own offices and stayed employed throughout this
pandemic (most of you at six figures), and served at the pleasure your home, shame on you!
You could have worked from the safety of your closed offices. While those were working in the
field, you worked from home.
Some of you were bragging about being at your poolside. She does not know this directly, as she
was only told hearsay. If this is how our staff leadership works their jobs, I am embarrassed for
our Town. We were the only town in the state of Arizona whose staff leaders abandoned their
posts. I do not hold each of you responsible, though. I know that some of you were here trying to
keep to your responsibilities. This was at the order of your leader, the Town Manager; it is him
that I now address.
To stay away from your responsibilities was a cowardly action that no person working in
government should ever consider. You have your own office. You can take the precautions to
keep yourself safe, yet you expect your staff to carry on in these special circumstances while you
sit in the safety of your home. If you want that type of job, get out of government work and get
out of Marana. That is not the Marana way, nor should it ever be. The position you have put
Marana in is shameful. At this late state, we are now facing to deal with the budget and many
other Town responsibilities, and I will not even go into the Adonis Road debacle is strictly your
fault. To not keep the Council informed is UNFORGIVABLE. Your lack of leadership speaks for
itself I hope you understand the consequences of your actions or lack of actions.
At our last meeting, I requested that the budget to be distributed to the Council at the earliest
convenience. Here we are a week before the meeting to approve the "Manager's budget, and not
one thing has been given to us. Yiannis last report was vague and provided no real information.
The staff have been working on it for months. The Council needs to be a part of this process. We
have been excluded from the process and decisions that need to be made. We are not a rubber
stamp to the staff. I am tired of policy decisions being made without our knowledge, let alone our
consent. Be ready to roll up your sleeves and get to work! Your decision are not ours, so you had
better be ready to put in the real work to be decided by us seven council members. No one vote
weighs more than the other does. Get ready because this is not going to be easy and it is going to
require many hours of dedication and hard work. If you are not up to it, you might as well get
out of the way, because we are going to take care of business. The combination experience up
here, you forget, is over 100 years with just the seven of us. You are not going to just fly this
budget past us. Twenty percent (20%) cuts - I know right now where I personally would start
with the 20% in cuts. Do you?
Mayor Honea stated he has many things to comment on. These last couple of weeks
have been somewhat exciting. We opened the parks last Friday, and he visited each one
of them on Saturday. He visited Cross Roads, Ora Mae, Honea Park, El Rio, Continental
Ranch, but did not go to Tangerine Sky. Though he did receive reports from those who
did visit the park, as there were many people there. People were very respectful in all of
our parks. The equipment is open. There were a couple of kids on the playground
equipment in each of the playgrounds, and parents were social distancing from another
Regular Council Meeting Summary Minutes 05/19/2020
as they watched their kids at play. The parks looked good. He visited the skate park on
Saturday, and there were five young men there. He spoke with them stating Marana
really wants the park to stay open, and there cannot be 30 or more kids there at a time.
The young men were very respectful. He returned to the park on Sunday, and there was
only one young man there on his bike in the skate park. There were many families out
in the park enjoying the facilities.
He had the privileged of being on a conference call with Senator McSally and Audra
Winters for the Chamber of Commerce last week. He has been in conversation with Ms.
Winters at least once weekly. He tried to come up with the money for the employee. He
thinks the employee is in the process of moving, and has a parent that lives with them.
He is unaware whether the employee was hurt that they are no longer employed with
the Chamber. He did make an offer, as this Town Council had told him that if Marana
could assist them, (not with hundreds of thousands of dollars), Council would do so.
He also had the privileged of being on a phone call with Governor Ducey. There were
seven mayors in the entire state of Arizona, and he was the only one in Pima County
that was ask to participate in the conference call. Governor Ducey spoke with the
attendees for over an hour. He took questions from those who participated on the call
and provided a response. The Governor is supportive of getting people back to work.
Mayor Honea commented on the questions that he posed directly to Governor Ducey
stating Pima County had passed 17 rules through its health department to regulate
restaurants in Pima County. He stated Governor Ducey commented to him that he was
aware of the situation in Pima County, as they are working on that. Mayor Honea
stated he believes that Pima County overstepped its boundary to impose restrictions on
businesses in the all communities in the county.
He spoke to Governor Ducey about the budget commenting on state share revenue are
rumored to be down by 15%, HURF down by 20%, and VLT down by 10% to 15%. He
asked Governor Ducey whether he would be able to provide the communities with
hard figures as soon as possible as we are developing our budgets to provide service to
the communities that we serve. Mayor Honea reported that Governor Ducey stated
that they are working diligently to get the work done and provide communities with
those figures. He spoke with Executive Director Farhad Moghimi, Pima Association
of Governments (PAG) stating the March figures for sales tax were down by eight (8%)
percent for Pima County. He assumes Marana is down by eight (8%) as well. He
believes both April and May will be worse.
He stated Governor Ducey had indicated that there may be some federal funding, but
do not count on it, as they are fighting in the U.S. Congress and may never come to an
agreement. He does not believe that Marana can count on any federal assistance before
the budget is present.
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Mayor Honea stated he has been working hard and wished to address...when you do a
proclamation of emergency, the mayor does not need to ask the Council when you
make a direction for staff. He tried to contact every member of this Council each week
and speak to them about what he was doing, even though he makes the decision. He
has the right legally under the law to make the decision, but really tries to keep
everyone informed.
Council Member Comerford replied stating she had thanked Mayor Honea for the
updates. When the report inaccurately puts the rest of the Council on as, the orders that
is incorrect. She stated it is the Mayor's orders. Mayor Honea replied stating that may
be the Mayor's orders, but in conjunction with the Council. Everyone is trying very
hard as these are tough times.
He visited three restaurants in the last week including the Feedlot Café in north Marana
where the tables were six feet apart, and Vice Mayor Post and his family were there
dining as well. He visited the Station on Saturday during his tour of the parks. On
Monday, he visited Vera Amore', as he goes there often for meetings. He is very proud
of our business community, as they have done a phenomenal job.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Town Manager Jamsheed Mehta reported on the following from the Governor's
Executive Order stating the title has changed to "Stay Healthy, Return Smarter, Return
Stronger." The organization has adapted several aspects of our work ethic program and
our return to work program that is premise on the Governor's Executive Order. This
includes individuals who have been identified as being in a special situation, vulnerable
health perspective or have health needs such as dependent care or childcare.
Marana has also followed through the Governor's Executive Order of the CDC
Guidelines, OSHA Guidelines, and ADHS Guidelines. Nothing that we have done goes
beyond but rather is in line with the stated guidelines. He has provide Council with
periodic updates on our return to work efforts including a memo that issued to staff.
We are in Phase 2a of the return to work. Phase 1 started immediately following
Governor Ducey's release of its Executive Order, Friday, May 8. That was a limited
opening with front counters being open, public access areas and minimum staff
available at that time; every department was represented. As of Monday, May 18, every
department is essentially fully staffed to the extent that every employee who is able to
will participate in the work office environment if possible. If the employee work is
office related and the employee does not need to be in the office for each workday, the
Town is continuing with telecommuting or telework. That allows the town to have few
people available, while additional plans are being made to ensure that upon return of
all employees (next phase), all necessary arrangements would have made.
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Until that time, the arrangement is that employees will be in the workweek attending in
their workspaces; however, telework will continue for some of them. As a minimum
regarding the leadership attendance for every department where there is a director,
deputy director, a significant manager of those areas, the person has to be here every
day. This is part of Phase 2a at this time.
Essentially, the town follows those guidelines that have been provided by the state and
federal level as they recognize the need to continue telework, if the option is available.
The town has been very fortunate that in March, we realized just how serious this virus
was. Our Technology Services Department made those types of arrangements for staff.
Marana was one of the first communities in Arizona to identify individuals who had
desk jobs and could perform their job remotely. We were very successful in doing that
in the second and third week of the pandemic.
Regarding the latest amendment to the Proclamation of Emergency by the Mayor, and
as he would call it, on behalf of the Mayor and Council. The Council did provide by
statute the authority to the Mayor to act in certain cases of emergency. That is why his
update to Council referenced the word emergency proclamation by the Mayor and
Council. If that term is, something that this Council would prefer that is not referenced
moving forward, then... Council Member Comerford replied stating she is of only one
of the six Council Members, that she is telling Mr. Mehta no. It is not for her. She does
not care if Mr. Mehta addresses it to the Mayor and five Council Members, but she is
not to be included. The Council has not voted.
Mr. Mehta explained amendment number 7 stating it allows for the expansion outside
and beyond the existing floor area. As recent as it has been, the town has received one
application was approved within a couple of hours of receipt of the application.
Council Member Comerford interrupted inquiring about the nature of the application.
She asked what it was fore. Mr. Mehta replied stating one of the requirements for any
restaurant or business that want to expand its service area outside, can with a permit.
The state-testing blitz that started a month ago intended to be for only three weekends.
The third installment held last week, the Governor suggested it be extended through
the end of the month.
Last weekend Marana Health Center (MHC) was one of the locations and are now
contributing to that effort including diagnostic antibody test. MHC tested 161
individuals during its first weekend, and approximately 1400-1500 throughout Pima
County.
Relating to the proclamation for Public Works, this is Public Works Week and they are
always prepared for the worst, we are already preparing to launch our preparedness
plan for the monsoon season. Our plan will be in place in the event of a major storm
event.
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Vice Mayor Post stated he had heard today of a rumor that town employees were
inspecting businesses, asking whether the rumor is truthful. Mr. Mehta replied stating
he is unsure whether the rumor is related to enforcement. Vice Mayor Post stated he
believes it is according to the Governor's order. Mr. Mehta replied stating he seriously
doubts whether that is an accurate statement. He is hoping it is a rumor, but will follow-
up with staff upon receiving further details of the comments. He does not believe that it
is coming from any of Marana staff.
PRESENTATIONS
CONSENT AGENDA
Cl Resolution No. 2020-042: Relating to the Police Department; exempting
undercover vehicles used by the Marana Police Department in felony investigations or
activities of a confidential nature from Arizona state laws related to the designation of
political subdivision motor vehicles; authorizing the Chief of Police to renew existing
vehicle registrations for these undercover police vehicles and to obtain vehicle
registrations for new undercover vehicles to be used in felony investigations or
activities of a confidential nature (Libby Shelton)
C2 Resolution No. 2020-043: Relating to development; approving a release of
assurances for Gladden Farms Block 35 and accepting public improvements for
maintenance (Keith Brann)
C3 Resolution No. 2020-044: Relating to Development; approving a preliminary plat
for SC Ranch Lots 1-54, Common Areas "A" (Recreation and Drainage) and "B"
(Landscape, Drainage and Utilities) located generally at the northeast corner of Sanders
and Moore Roads (Steven E. Vasquez)
C4 Resolution No. 2020-045: Relating to Administration; designating Yiannis
Kalaitzidis as the Chief Fiscal Officer for officially submitting the Fiscal Year 2021
expenditure limitation report to the Arizona Auditor General (Jane Fairall)
C5 Resolution No. 2020-046: Relating to Development; approving a Final Plat for
Moonlight Canyon at Saguaro Ranch, Phase 1, Lots 39-43, Block 2, and Common Areas
"B" and "D", located approximately one mile north of the north terminus of Thornydale
Road (Brian D. Varney)
C6 Resolution No. 2020-047: Relating to Development; approving a Final Plat for
Moonlight Canyon at Saguaro Ranch, Phase 2, Lots 1-38, Block 1, and Common Areas
"A", "C-1", and "C-2" located approximately one mile north of the north terminus of
Thornydale Road (Brian D. Varney)
C7 Resolution No. 2020-048: Relating to Police Department; approving and
authorizing the Town Manager to execute two Subrecipient Agreements (#190419-01
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and #190419-02) with the Arizona Department of Homeland Security for purposes of
receiving funds under the FFY19 Operation Stonegarden Grant Program (Kristin Taft)
C8 Resolution No. 2020-049: Relating to the Police Department; approving and
authorizing the Mayor to execute a service agreement with the Marana Unified School
District to provide two school resources officers in support of the District's School
Safety Program (Jane Fairall)
C9 Resolution No. 2020-050: Relating to Community & Neighborhood Services;
approving and authorizing the Mayor to execute an intergovernmental agreement
between the Regional Transportation Authority of Pima County and the Town of
Marana for the regionalization of public transit and special needs transportation
services and maintenance of effort (MOE) funding for fiscal years 2021-2026; and
authorizing the Town Manager to execute an annual amendment to the IGA setting
forth the amount of the Town's MOE contribution for each fiscal year (Lisa Shafer)
C10 Resolution No. 2020-051: Relating to Marana Regional Airport; approving and
authorizing the Town Manager to execute CARES Grant Agreement Number 3-04-0058-
023-2020 with the Federal Aviation Administration for funding in an amount not to
exceed $69,000 to help offset a decline in revenues as a result of the COVID-19 Public
Health Emergency (Kristin Taft)
C11 Approval of the Regular Council Meeting Summary Minutes of May 5, 2020
(Cherry L. Lawson)
Vice Mayor Post, moved and Council Member Bowen second the motion approving the
Consent Agenda as presented. Motion passes, 6-1. Nay, Council Member Comerford.
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Ordinance No. 2020.008: Relating to Finance; amending the Town of Marana
Comprehensive Fee Schedule; and designating an effective date (Yiannis Kalaitzidis)
Resolution No. 2020-052: Relating to Finance; declaring as a public record filed
with the Town Clerk the amendments to the Town of Marana Comprehensive Fee
Schedule adopted by Ordinance No.2020.008 (Yiannis Kalaitzidis)
Finance Director Yiannis Kalaitzidis provided a brief overview of this item stating the
Town created a town-wide, Comprehensive Fee Schedule and standardized fees across
all departments. At the time of the Comprehensive Fee Schedule was presented on
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during the March 17 Council Meeting, part of their annual process is to review the fees
and work internally to ensure that all of Marana fees are appropriate, necessary, and
when possible, modernized to streamline those fees. The town is presenting very few
changes this year, and as such do not expect any significant financial impacts to our
revenue from the additions and changes that are made.
Most of the fees that are the town is adding are new fees to the Comprehensive Fee
Schedule are airport fees that has existed outside of that schedule that is until now. The
town is incorporating those fees into the Comprehensive Fee Schedule. The remaining
changes are changes that deals with increases for pricing for the airport, slight increases
for the CPI index changes. There were also changes in parks that brings Marana in line
with our neighbors for the use of Marana Parks. Additionally, development and facility
use fees were updated to provide consistency and clarification. All of the notices related
to this action were properly posted as required by Arizona Revised Statutes; specifically
at least 60 days before this meeting, and again 15 days before this evening meeting are
the requirements.
Notification letters of possible fee schedule changes were sent to the Southern Arizona
Home Builders Association (SAHBA) and the Metropolitan Pima Alliance (MPA) to
provide them the opportunity to review the proposed changes to the Comprehensive
Fee Schedule and clarify any issues or areas of concern. We did not receive any
comments.
If approved, the changes to the comprehensive fee schedule will be effective on July 1,
2020.
Vice Mayor Post move and Council Member Ziegler second the motion to adopt
Ordinance No. 2020.008, adopting the amendments to the Town of Marana fee schedule
and designating an effective date and Resolution No. 2020-052, declaring the
amendments a public record. Motion passes, 6-1. Nay, Council Member Comerford.
A2 Resolution No. 2020-053: Relating to Development; approving and authorizing
the Mayor to sign the Amended and Restated Development Agreement among the
Pima County Flood Control District, the Town of Marana, Alta Vista Communities RP
LLC, and I.T. Investments Three, L.L.C. for CDO North Bank Improvements, West of
Thornydale (Frank Cassidy)
Town Attorney Frank Cassidy provided a brief overview of this item stating the blue
sheet have an error as it states in March 2020, the resolution is correct; but the Council
looked at this in March 2019. The Council saw this same agreement with the Pima
County Flood Control District and the owners of land along the north bank of the CDO
Wash, just west of Thornydale Road and south of Aerie Drive. Alta Vista communities
has the other property along there behind where Target is located and Lowe's in that
area.
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Under the agreement approved one year ago, the idea was to connect the loop that runs
along CDO west of Interstate 10, and was to connect that under the freeway and under
the railroad to the (described by map) this part of the loop. Unfortunately, despite the
county and property owners' attempts to get the railroad to the table, they never were
not able to meet with the railroad.
With respect to this agreement, the agreement now, cuts out the railroad. It stops the
project at the east right-of-way of the railroad. It will still put in the bank protection in
there and the linear park. They will put in the linear park in connection under the
railroad and the freeway once they can get the railroad to the table. They do want to try
to move this development forward now. One of the differences in the agreement is that
it is pretty much the same as one year ago; however, there is one difference. Lot 3 that is
owned by Alta Vista is at the south end of Camino Martin. The Flood Control District
ask that the property be dedicated to the Flood Control District as part of the deal.
That is became a concern to him as he questioned why it would not be dedicated to
Marana. Mr. Cassidy stated the comment was that they wanted it in connection with
linear park activities. His replied stating Marana will not be happy with that unless you
are willing to commit to limit the uses so that it is in fact that sort of thing. Marana does
not want to have a maintenance yard or similar along those lines on that property in the
Town of Marana. As part of this deal, it was amended, to add a covenant enforceable by
the Town. If Council approve a use by resolution, then it could go there. Other than
that, it is limited to maintenance for the park. The maintenance building cannot be more
that 250 sq. ft. It can have parking for the linear park, can be used for the setup of the
construction of the linear park, and it could be used in the event of an emergency if they
needed to get in there.
This agreement will allow development to occur as it includes the bank protection that
is needed for that.
Council Member Comerford stated if they do put in parking, how they would get there
to park. Mr. Cassidy replied stating it does not address that. Council Member
Comerford asked in order to do that will they bring plans to the Town. Mr. Cassidy
replied stating it is a governmental use, so they would not need to obtain permission
from the Town. However, on the other hand, they would need a right-of-way use
permit to make a connection to Camino Martin. He does not believe that will happen;
though he does think the logical approach would be that they would have to go
through Alta Vista other properties. In reality, it is likely to stay vacant.
Vice Mayor Post moved and Council Member Officer second the motion to adopt
Resolution No. 2020-053, approving and authorizing the Mayor to sign the amended
and restated development agreement for CDO North Bank Improvements west of
Thornydale Road. Motion passes unanimously, 7-0.
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ITEMS FOR DISCUSSION/POSSIBLE ACTION
DI. 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 the other governmental bodies (Jamsheed Mehta)
Mr. Mehta reported on the following updates:
FEDERAL:
• Not much new at the Federal Level
• The House passed a piece of legislation to the CARES Act called the "HEROES
Act", which is a $3T stimulus package in addition to the $2 that approved by all
houses
• The Senate is not expected to approve it and no one knows where it will go.
STATE:
• The State Legislature is back in Session as we speak, meeting today.
• House is moving Senate bills along with no amendments. If they did suggest
amendments, the Senate would have to convene to approve them. Bills that have
passed the Senate are now with the house. If approved, they would simply pass
through without changes.
• The only "extra" bill they are looking to pass is a liability protections bill for
businesses specific to COVID19 (multiple versions of this exist, currently, from
Senators Leach and Farnsworth, as well as Rep Kavanagh).
• The Legislature will be in session until this Friday. They are expected to adjourn
Sine Die on Friday, and set a date for a special session in the near term.
BILL TRACKING:
The Town has been tracking a few bills and two have been mentioned previously to
Council is a concern and may continue to be of concern.
• SB1133: Public Works Contracts Bill: This bill submitted by contractors to
essentially allow subcontractors to be able to demand payment directly from the
project owner (the Town) on any project, instead of from the Prime Contractor. It
also would have allows subcontractors to be able to demand payment directly
from the project owner that has subcontractors; even verbally request for a "oral
change orders," that we would not have much to do with, we would be required
to make payments to a subcontractor. Despite having a contract agreement with
the prime contractor. This is a terrible bill.
• Marana, and other jurisdictions, wanted to amend it to where any change orders
would HAVE to be put in writing, and that we as the project owner would not be
responsible for determining when subcontractors would be paid.
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• Unfortunately, due to COVID and the way in which these bills are being heard,
the House will offer no amendments. This means the bill would pass as is, with
a promise to be reviewed next session to make the suggested revisions. This is a
terrible bill from our perspective.
Council Member Ziegler asked for clarification of SB1133. Mr. Mehta explained if
Marana has a prime contractor who then uses several subcontractors. If the
subcontractor needs to be paid, the prime contractor can tell the subcontractor to go to
the owner of the project, which would be the Town in that case, for any payments.
Instead of the Town only having a payment to the contractor, who pays each of its
subcontractors, the Town would have to deal with each of the subcontractors that it
does not have a relationship with, or even selected. Council Member Ziegler confirmed
that the subcontractor could bypass the prime contractor seeking payment from the
project owner. In private business, prime contractors are always in control of its
subcontractors. She asked who advanced this item forward, as she does not understand
the logic behind the bill.
Mr. Mehta continued stating another bill that the Town spoke about a few months ago,
called the FedEx bill another Senate bill for personal delivery devices. This is where one
may have a robotic machine to deliver packages to businesses and other addresses.
• SB1305: Personal Delivery Devices (FedEx): this bill submitted by FedEx to allow
personal delivery devices to operate in cities and towns at their own whim. Our
issue with it was that we would not have been able to enforce speed of the
devices or areas of operation, like public ROW.
• Fortunately, for us, the League was able to introduce verbiage that was accepted
by the bill's sponsor, which allows local government more control, including
speed, time and location of operation. The League has agreed to add that
language. The bill has moved forward, but has addressed our concerns within it.
Mr. Mehta stated a new bill that is concerning to Marana at this time called the Civil
Liabilities Bill that is related to COVID-19.
• CIVIL LIABILITIES BILL: Liability due to COVID19: There were three versions
of this bill. One proposed by Senator Leach, another by Senator Farnsworth, and
Senator Kavanagh. Each of the versions varied by a certain extent. Kavanagh's
bill is moving forward. It would attempt to exempt certain organizations or
groups from COVID-19 related lawsuits or liabilities. Those groups or
organizations includes universities, non-profit, for profit, and school districts.
However, this version does not include cities, towns and political jurisdictions.
Mr. Mehta explained that if Marana did something that caused someone to be infected
and we did not remedy the issue, then we would be liable in this particular version of
Regular Council Meeting Summary Minutes 05/19/2020
the bill. More details will come on this bill as it continues to move forward. Under the
Civil Liabilities Bill, we know that the Governor's Office is actively trying to get this bill
dismissed, as they see it as limiting the Governor's powers specific to Executive Orders
related to COVID-19 as it relates to preventing or limiting enforcement. At this time, he
does not know whether this will become enforceable or will limit the Governor's
Executive Orders as he has passed thus far.
Mayor Honea added he had participated in conference calls with each of the mayors in
Pima County, the County and the Health Department daily over the last couple of
months. Starting this week, the frequency of the calls are down to two days per week.
In those conversations, there is no agreement amongst the group; however, they are at
the table and talking. He does keep people informed with the outcome of those
conversations. At this time, Marana and Sahuarita have indicated that they would like
to return to work as quickly as possible. The City of Tucson, not so much.
EXECUTIVE SESSIONS
El Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for
discussion or consideration, or consultation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter listed on
this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).
E2 Executive session pursuant to A.R.S. § 38-431.03(A)(3)&(4) to discuss or consult
for legal advice and to consider the Town's position and instruct its attorneys regarding
the manner and timing of Adonis Road construction under (i) the Villages of Tortolita
Development Agreement as amended, (ii) the Mandarina Mediation Agreement, and
(iii) possible amendments to one or both of those agreements.
Mayor Honea ask for a motion to go into the executive session for the purpose as
provided on the agenda.
[6:56 PM Minutes]
Vice Mayor Post, moved and Council Member Kai second the motion to enter into the
executive session for the purpose stated on the agenda. Motion passes unanimously, 7-
0.
[8:36 PM Minutes]
Mayor Honea resumed the meeting, and asked Mr. Cassidy to assist with the language
of the motion..
Mr. Cassidy stated on Item E2 the Town would ask for a motion authorizing Town staff
to proceed with negotiations as discussed in executive session to include the Town
immediately taking over the construction of Adonis Road, and pursing that
construction as quickly as possible.
Regular Council Meeting Summary Minutes 05/19/2020
Council Member Comerford moved and Council Member Ziegler second the motion
authorizing Town staff to proceed with negotiations as discussed in executive session
to include the Town immediately taking over the construction of Adonis Road, and
pursing that construction as quickly as possible. Motion passes unanimously, 7-0.
[6:56 PM Minutes]
Mayor Honea ask for a motion togo into the executive session for the purpose as
y P p
provided on the agenda.
Vice Mayor Post, moved and Council Member Kai second the motion to enter into the
executive session for the purpose stated on the agenda. Motion passes unanimously, 7-
0.
E3 Executive session pursuant to A.R.S. § 38-431.03(A)(3)&(4) to discuss or consult
for legal advice and to consider the Town's position and instruct its attorneys regarding
possible negotiation of amendment to the "District Development, Financing
Participation and Intergovernmental Agreement (Gladden Farms Community Facilities
District)" and related agreements associated with a possible future bond sale by the
Gladden Farms Community Facilities District.
[8:36 PM Minutes:]
Mayor Honea resumed the meeting and asked Mr. Cassidy to assist with the language
of the motion.
Mr. Cassidy stated for Item E3 on the Council Agenda and Item E2 on the Gladden
Farms Community Facilities District Board Agenda, which relates to the negotiation of
agreements relating to possible sale of bonds for both of those, the Town would ask for
a motion directing Town staff to proceed with those negotiations consistent with those
discussions held in executive session.
Board Member Comerford moved and Vice Chair Post second the motion for Item E3 on
the Council Agenda and Item E2 on the Gladden Farms Community Facilities District
Board Agenda, which relates to the negotiation of agreements relating to possible sale
of bonds for both of those, the Town would ask for a motion directing Town staff to
proceed with those negotiations consistent with those discussions held in executive
session. Motion passes unanimously, 7-0.
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).
Regular Council Meeting Summary Minutes 05/19/2020
Vice Mayor Post requested Council to direct Town staff to investigate what the town
could do to help small businesses to jump-start back to where they were pre-pandemic.
He asked what the town could do, as he does not know the answer to that question.
Perhaps the town can collaborate with the Chamber of Commerce, speak with the
business owners who were hurt badly during this pandemic. How can the town and
Council assist to help the business community get to where they were. He would like
to see this as an agenda item. Mayor Honea stated it would have to come forward for
the first Council Meeting in June;June 2.
Council Member Ziegler asked for clarification of Vice Mayor Post request asking
whether the assistance he is referring to is financial. Vice-Mayor Post replied stating he
is referring to permits, anything the town can do; not financial assistance.
Mayor Honea requested Town staff place this item on the June 2, 2020 Council Agenda.
ADJOURNMENT
Mayor Honea asked for a motion to adjourn the meeting.
Vice Mayor Post, moved and Council Member Officer second the motion to adjourn the
meeting. Motion passes unanimously, 7-0. Meeting adjourned at 8:36 p.m.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town
Council m== g held on May 19, 2020. I further certify that a quorum was present.
Ao
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Cherry L. La on, Town Clerk 406(i.
MARANA AZ
ESTABLISHED 1977
Regular Council Meeting Summary Minutes 05/19/2020