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HomeMy WebLinkAbout06/26/2007 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 6:00 p.m. COUNCIL Ed Honea Mayor Present Herb Kai Vice Mayor Present Russell Clanagan Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Carol McGorray Council Member Present Roxanne Ziegler Council Member Present STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Jim DeGrood Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. Mayor Honea asked to remember the nine firefighters killed in the fire in South Carolina last week. C. APPROVAL OF AGENDA Upon motion by Council Member Clanagan, seconded by Vice Mayor Kai, item J-7 moved to second item on Council Action was unanimously approved. D. CALL TO THE PUBLIC Terri Winger addressed Council regarding Michael Allison who will be a senior this year at Marana High School. His family has roots in Marana going back to when it was a part of Mexico. He is a championship bull rider. His freshman year, he ranked 41" in the nation. He was second place in the state championship for bull riding and he qualified for the high school national finals. In his sophomore year, he took the Arizona state title in bull riding. He represented Arizona at the national championship and there out of 1600 riders he finished second. He also finished second at the international youth finals held in Oklahoma. In his junior year, he again took the Arizona state title for bull riding and he also took the reserve bareback championship, as well. He is on his way July 3 rd to the national championships and from there he will go directly on to the international championships. It is a huge burden on his family. Last year his expenses totaled about $3,600 because he is on the road two to four weeks. His father is a fanner. Ms. Winger is asking Council for any possible financial support for Mr. Allison. MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26,2007 Mr. Allison addressed Council and stated he is on his way to Oklahoma and Illinois to represent the state of Arizona and the town. He stated he is asking for sponsorship help for expenses to get there and to try to win. Council Member Ziegler left the dais for the audience. Ms. Ziegler stated that Council Member Escobedo was stopped by DPS the other night for DUL As the member of the Town Council, and a member of the community, she stated at this time she would like to ask for his resignation. She stated she acknowledges that he is going to seek help, but in the past we have had some problems and fumbled the ball and did not want to perpetuate that. E. PRESENTATIONS 1. Relating to Personnel; approving and authorizing the Employee Performance Management System (Mike Reuwsaat) Mr. Reuwsaat gave an overview of the performance management system. It is an opportunity for the community down to every employee to participate in identifying what they do and tying it into the core values that we are currently surveying the public with. We've had the same evaluation system for a number of years. It hasn't led very well to actual goals and objectives that tie into the core values and to the work program. They have been working for about six months to develop this performance management system. It is four stages, performance planning, coaching, evaluation and rating and education and training. It sets clear communication and expectations. It supports our core values. It creates a dual role where the manager and employee identify and work together to establish expectations and agree upon them for the following year. If there are areas where the employee is not meeting the expectation it provides a coaching plan, provides education and training and defines strengths and weaknesses of employees. From a performance standpoint the tasks are going to be job description based. Job descriptions will be changed because they will be going to the specific duties and work that is expected of each employee. There will be an understanding of who will be involved in the evaluation process. They will be looking at key areas that connect to what is important in the job and what service is provided to provide the type of service that is expected to meet the needs of the citizens of Marana. From evaluation and ranking standpoint, now, the date you are hired a year from then you are evaluated. All supervisors will be evaluating all the people responsible to them in the same month. Education will be incorporated into the evaluation process. There will be mandatory education and training for all supervisors. He stated there will be more accountability and more transparency both internally and externally with this new process. The merit increase will go into effect January I st for all employees that have met expectations. It will be a two year process to get the system implemented. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26,2007 2. Police Department Update (Barbara Harris) Chief Vidaurri addressed Council and gave the floor to Assistant Chief Harris for a presentation on community-based problem-oriented policing. This came about in March, 2007. At the department day away, all the command staff and first line supervisors were brought together where they spoke of the direction, philosophy and assignments and approaches to a whole new way of doing business within the organization. Over a period of time there has been exchanges of information, meetings with not only supervisors, but first line people on the street, people behind the scenes, both civilian and sworn staff have had an impact. A new vision, mission statement and values that the department will be approaching came out of the day away. They established new goals and objectives for the new fiscal year. Chief Vidaurri introduced the lieutenants. Assistant Chief Ham's addressed Council and used a power point presentation to underscore the specific elements of the police vision and methodology for achieving success. The values are service, professionalism and integrity. The department mission statement is the Marana Police Department will work cooperatively with our community to provide a safe place to live, work and visit. The strategic goals are to create and implement a community partnership plan, create and implement a career development plan. They want to facilitate internal communications and facilitate external communications; provide exemplary internal service and external service to the community; are working on a strategic plan for the department; capital improvement identification; and grant programs. Community policing has to be institutionalized within the department and that is what they are starting to do. The technical services division is working on a new software system. They are involved in the Pima County wireless integrated network which would give interoperability to all of the agencies within in Pima County; and communication area reconfiguration relative to dispatch. They plan to work with other town departments and form additional community partnerships to assist in problem solving and organizational transformation. ANNOUNCEMENTS/UPDATES PROCLAMATIONS Mr. Davidson introduced the new building official John Huntley. Mr. Ellis addressed Council and stated the Parks and Recreation department had received a $2,000 donation from the Foothills Optimist Club for the Aquatics Division to provide seasonal swim passes for kids who otherwise would not be able can purchase them. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26,2007 F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler stated she had a luncheon meeting with Sharon Bronson, Marana's representative for this district. Council Member Escobedo read a prepared statement he prepared and apologized regarding a recent incident. He stated that at this time he will not resign. He stated he has spoken with the town attorney in reference to a leave of absence. He stated his understanding of the law that a council member can be absent from the dais for up to three months. He stated in the counseling he is going through, it will be determined what that time will be, and he will give a report to everyone. Mayor Honea asked everyone to come to the 4 1h of July celebration. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS Mr. DeGrood addressed Council and stated Charlie Magnum, the airport director, has been named by Tucson Business Edge as one of the finalists for the '40 under 40' award. GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA 1. Resolution No. 2007-116: Relating to Development; approving and authorizing a final plat for Ina Auto Car Care center (Kevin Kish) 2. Resolution No. 2007-117: Relating to the Tangerine Farms Road Improvement District; approving and authorizing a contract with NBS Government Finance Group to provide special assessment administration services (Erik Montague) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Consent Agenda was unanimously approved. J. COUNCIL ACTION 1. PUBLIC HEARING. Resolution No. 2007-118: Relating to Budget: adoption of the Fiscal 2007-08 Final Budget (Erik Montague) Mr. Montague addressed Council and stated on June 12, 2007, the tentative budget was adopted for the fiscal year 2007-2008. That effectively sets the expenditure limitation or cap total expenditures that the town may be able to incur for next fiscal year. In accordance with state statute the town has advertised in a 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26, 2007 general publication of general circulation notice of hearing to provide or allow the public to review and provide comment on the proposed budget. There is one minor change in the budget with respect to the position count. After submission of the tentative budget they identified a correction of a calculation on the full-time equivalent. In the documentation for tentative budget the number of FTE projected was 364.5. There was a reduction of 2.5 associated with the consolidation of some positions within the Parks and Recreation Department. There was no financial impact. The reason for that is the calculations associated with those were distinct and separate from the calculation of positions or position control. After the public hearing, Council will have the opportunity to approve the budget. If approved, staff will work to compile a detailed budget for public presentation, as well as a detailed departmental budget. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Council voted to adopt Resolution No. 2007-118 was unanimously approved. 7. Discussion of Bobby Sutton indemnification agreement (Frank Cassidy) Mayor Honea stated he placed this item on the agenda, trying to show members of the public and the press that Marana is a transparent municipality. He stated there were a lot of accusations in regard to this issue. He then asked Mr. Cassidy to continue with the presentation of the item. Mr. Cassidy stated that on April 26, 2005, he was called upon to give legal advice relative to then Mayor, Bobby Sutton, in light of his indictment under the Hobbs Act. The allegation that was made in the Hobbs Act prosecution was that in his position as mayor, Mr. Sutton had basically extorted Waste Management. He stated based on the town code provision which provides for defense of public officials acting within the scope of their office, it also provides for the town to pay for that defense as time goes on. He provided a defense cost agreement completed December 1, 2003, which provided for the defense costs to be paid as they were incurred, but it recognized that because governments are prohibited from paying defense costs in the event of a conviction. It provided for repayment of those costs in the event he was convicted. In April, 2005, there was an indictment and upon reading the indictment, Mr. Cassidy stated he felt there was a reasonable argument that Mr. Sutton was not acting based on the allegations within the scope of being mayor even though that was the allegation. Mr. Cassidy stated he discussed with Mr. Reuwsaat a different approach which was recommended to Council. It was an approach that essentially ignored the part of the code that said we'd pay the defense costs as we go and instead proposed an agreement to refund defense costs if he was exonerated of all charges and he was found to be acting with the scope of being mayor. That agreement was approved by Council. On May 5, 2005, Mr. Sutton signed and returned the agreement to the town. The issue that could have arisen is he could MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26,2007 have brought a lawsuit to say our obligation not only under the code, but under common law is to defend me because his allegation is 'I was meeting with Waste Management in my position as mayor therefore you have to defend me.' If he had decided to litigate at that point we would have started incurring costs defending that civil litigation. The agreement avoided that. The agreement provides that if he ends up being exonerated then he can seek his reasonable attorney fees. There is another step that there has to be proof that he was acting within the scope. It may be as a result of the criminal case there may not be enough evidence that comes out of that actual case for us to detennine whether or not he was acting within the scope. One of the defenses to a Hobbs Act claim is for a public official to say well it's obvious that I was not acting or purporting to act within the scope of my duties. If Mr. Sutton takes that defense and ends up being exonerated we will pay nothing. Up until now we have paid nothing. Mr. Cassidy stated that this is the logical approach. There may be a different approach that may be better, but Mr. Cassidy stated this is the logical way to go. We will not have to pay anything if he's convicted of anything, if he pleads guilty to anything associated with this and it certainly delays the issue of attorney fees until the end even if he is totally exonerated because we will have another opportunity to debate and perhaps litigate if necessary the question of whether even with an exoneration his actions were within the scope of his duties. Mayor Honea stated a lot of issues have come up that Council was acting irresponsibly. He stated the code had been in effect since 1996. He stated if we went by the ordinance which is still in effect today we would have been paying legal fees upfront and if the individual is found guilty they are responsible to pay the money back. He stated some trials can go on for years and the individual is found guilty you might not be able to get the money back. By making the new agreement which Mr. Sutton signed, we wouldn't pay anything upfront. The only way he will be paid legal fees is if he is found not guilty acting in his position as mayor. The town has not spent anything on the Sutton litigation. Council Member Clanagan stated that the court will only make the detennination of a person's guilt or innocent and asked who and when and under what circumstances will it be detennined that he was acting in the scope of his duties as the mayor. Mr. Cassidy stated it is unlikely in the criminal case that issue will be determined. It is possible it will be detennined. The way it could be determined is an element of the Hobbs Act crime on extortion of a public official is that they have to be shown as having abused their official position, so if the defense is that they were not even asserting their official position it will simply be a matter of purchasing the transcript. It if is not that clear it is going to take a separate legal proceeding if we believe that we still should not have to pay because we believe that whatever he did relative to the Waster Management issue was not within the scope of his duties as mayor. That will have to be the subject of a separate civil litigation. The reason that this was the preferable approach was if we had not come to some 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26,2007 resolution we could have had that litigation begin and we could have incurred fees on a civil case of that subject starting at that time. If we had taken the risk and he didn't sue us for that then maybe we would have been better off than we are today, but that was a judgment call at the time. The problem with a civil case having been filed at that time, May 2005, would have been that it is likely a judge looking at a civil case paralleling the criminal case might have said we're not going to make these two proceedings go at the same time and we would have incurred our own fees and perhaps had to paid his fees on the criminal case pending that time. It is very hard to tell in the absence of an agreement what a judge might do so it was a judgment call at the time. Council Member Clanagan stated he believes that if this had of been brought out in this form 26 months ago that all of the discussion, misinformation, and misunderstanding probably could have been prevented. 2. Ordinance No. 2007.17: Relating to Building; adopting by reference the 2006 International Fire Code with local amendments; amending Marana Town Code Title 7 by revising section 7-1-2 and establishing an effective date (John Huntley). Mr. Huntley addressed Council and stated the Fire Marshal for Northwest Fire District was present to answer any questions regarding adoption of the International Fire Code. In conjunction with Northwest Fire, Mr. Huntley is recommending adoption by reference the 2006 International Fire Code including local amendments through approval of Ordinance 2007.17. This addition of the fire code is in concert with provisions contained within the 2006 international set of building related codes which were adopted by the town through Ordinance No. 2006.33. Adoption of the 2006 addition of the International Fire Code will complete transition to the most up to date technical building related code set for this jurisdiction. Adoption of this code will place the town on equal footing with other jurisdictions. The Southern Arizona Homebuilders Association has expressed a desire to study the impact adoption of this code will have upon the housing industry within the town. Therefore, he is recommending a decision regarding adoption of Ordinance 2007.17 be postponed for approximately 45 days. This postponement will allow further study and discussion between the town, Northwest Fire District and the Southern Arizona Homebuilders Association. Upon motion by Council Member Clanagan, seconded by Council Member Escobedo, this item was unanimously tabled for 45 days. Resolution No. 2007-119: Relating to Building; declaring the International Fire Code, with local amendments, to Town Code Title 7 adopted by Marana Ordinance No. 2007.17 as a public record filed with the Town Clerk; and declaring an emergency (John Huntley) No action was necessary. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26,2007 3. Resolution No. 2007-120: Relating to Streets; approving and authorizing a proposed alignment for the extension of Marana Main Street north of Grier Road (Gilbert Davidson) Mr. Davidson addressed Council stated this issue is very important particularly for the future of Marana's downtown. A number of business and property owners are present that are directly and indirectly affected by the proposed road aligriment. He thanked them for their efforts in this process. Due to the increased traffic volumes which is approximately 40,000+ trips per day following back and forth on Marana Road beginning to impact the Marana interchange we could begin to recreate other areas to the south that have major congestion problems. They wanted to make sure they design it so it has as much capacity and free flow as possible. This realignment of Marana Road into the interchange disconnects Sandario Road as it is today. The concern that has been raised is the businesses will be disconnected from that volume of traffic that will be flowing on Marana Road once it is complete. Understanding that they started a series of meetings to come up with some solutions and he discussed several scenarios. Their goal has been to engage with the business owners to try to think about the future of investing in a brand new downtown and how would we do that. There are a number of different ways from the types of amenities that we want to try people into the downtown, the business assistance program and working with the developers in this area to add additional value so more people will want to come and visit our downtown area. Representatives from Napa Auto Parts R & R Pizza and Pierce Automotive addressed Council on this issue and noted long-standing relationships and business interests in the community. Collectively, they stated that to give a retail business a right in, right out only is going to cut them off from the freeway and each of their businesses receives five to ten customers a day right off of the freeway, especially for people that are having vehicle problems. They won't have the time or inclination to go find them in the middle of an industrial area. Mr. Mike Pierce stated when they bought their businesses they bought retail businesses not wholesale businesses. He stated this will be too much of a restriction for their businesses. He stated this is not a resolution for anybody in business including other business owners that he speaks to on a regular basis about what they are doing to turn their retail businesses into a cul-de-sac wholesale area. Mr. Pierce stated right from the beginning he has asked why we need to close Sandario Road and no one has answered that question. He stated they would be cut off of direct access to the freeway. They get a lot of business from the freeway. He stated he has given Fernando Prol plans of how they could do this (realignment) and keep Sandario open. He stated his idea has never been put on paper. Mr. Davidson stated that the fact remains they have to do something with Marana Road. They have already placed that condition on a developer that they have to 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26,2007 rebuild the entire road at their cost. They have tied certain conditions to them being able to proceed with the project to getting this road completed. He stated they worked through many options including the one that was supplied by Mike Pierce, which was sent out to a third party consultant for review. Mr. Brann addressed Council and stated once the determination was made that Marana Road was ultimately going to carry 40,000 vehicles a day and needed to be realigned to the interchange, that set in motion the need to cut off Sandario from having direct access. ADOT and federal highways for interchanges want the first access to be a half mile from the interchange. The town has lobbied and has gotten that reduced to a quarter mile spacing in the past. Tangerine Farm Loop Road is actually the half mile signal. With ADOT and federal highways not allowing full access openings except at the quarter mile, there is going to be a median on Marana Road and that is why Sandario would be a right in, right out. He stated they took Mr. Pierce's proposal to a local traffic consultant. They had him model it. A report was prepared by the consultant and his recommendation was not to utilize that. The whole reason for connecting Marana Road directly to the interchange was to avoid a triple left scenario. One of the failures of Mr. Pierce's scenario was that if Marana Road was split and drawn to Sandario it would have that same tripe left issue. The ultimate improvements to Sandario Road based upon traffic requirement and modeling in the town shows that Sandario Road will survive as a two lane road as the town builds out, but a two lane road cannot accept a triple left turn lane so that was another draw back of his scenario. Vice Mayor Kai asked about the possibility of a collector street and Marana Main Street if that whole road is moved south towards Mr. Pierce's property and the NAPA property that would give them a four way intersection which is conducive to property values. Mr. Brann stated they have looked at that in the past. They looked as you draw the roadway to the south it can end up becoming somewhat of an operational issue with Reyher that comes up and then connects into Sandario Road. It wouldn't be impossible to move it to the south. We would probably then tie Reyher directly into the Marana Main Street. He stated staff would be happy to entertain this roadway shifting within the couple hundred feet. That is a component they are showing in the preferred option. Mr. Davidson stated they have had meetings with the business district owners on site and off site where they discussed alignments over the past one to two years. Council Member McGorray asked what the final condition of Sandario would be in front of these stores that are there presently. Mr. Davidson stated what they have been trying to do is make sure that our existing businesses ultimately benefit from whatever the improvement is. Every time they have had a developer looking at property they talk and state they are 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26,2007 going to be investing in our downtown and helping all the businesses that are there be whole and viable. The person or entity responsible for Sandario most likely will be the old cotton gin site. They have a requirement as part of their zoning that they will do the Sandario Road along the business frontage area. That means it will be three lanes, center turn lane, sidewalks, landscaping, street lighting and what goes along with a major road improvement project. The Marana Main Street loop that ties up to Marana Road they are looking at a combination of different funding sources. They have all committed that they will help invest and help build the road networks which is the sidewalks, the lighting, signage, landscaping, the works that goes with the actual road construction. Upon motion of Council Member Escobedo, seconded by Council Member Clanagan, this item was unanimously tabled to a study session in July. 4. Resolution No. 2007-121: Relating to Public Works; authorizing the submittal of an application to the Arizona Department of Transportation for the completion of the Santa Cruz River Shared Use Path and approving cash match funding for the project (Barbara Johnson) Ms. Johnson addressed Council and stated this resolution deals with an enhancement grant which comes out of ADOT and is designed to handle those enhancements that surround roadways, but there is no road work involved. The shared use path along the Santa Cruz River is about a three mile street and is phase three. This will provide the final connection through our community and offer alternates for people to ride their bikes or walk through communities, neighborhoods and to commercial centers. Once that is completed that will trigger a finance section of the trail that goes about 7/10 of a mile east. It is a 14 foot wide path. They are asking for authorization to file the grant. There is a 5.7 percent matching funds with this type of grant which amounts of a little over $30,000. The total project cost is $1.1 million. Upon motion by Council Member Ziegler, seconded by Council Member Clanagan, Resolution No. 2007-121 was unanimously approved. 5. Resolution No. 2007-122: Relating to Public Works; authorizing the submittal of an application to the Arizona Department of Transportation for the completion of sidewalks on Silverbell Road and approving cash match funding for the project (Barbara Johnson) Ms. Johnson stated this is an enhancement grant. This is for a portion of the sidewalks on Silverbell Road that are not covered by the homeowners association or development agreement in place for the sidewalks and guardrails that are necessary. They are asking for authorization to file the grant and the commitment for the 5.7 percent cash match. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Resolution No. 2007-122 was unanimously approved. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26,2007 6. Resolution No. 2007-123: Relating to Parks and Recreation; authorizing the recreation of a Recreation Services Annex in Continental Ranch and authorizing the execution of a lease agreement with Coachline Shops, L.L.C. for commercial space to house the Annex (Tom Ellis) Mr. Ellis addressed Council regarding executing a contract between the town and Coachline Shops. As they have continued to expand the recreation programs, specifically the special interest classes, one of the problems they have is they do not have any covered space in which to offer their playroom program, exercise classes or special interest classes. They have borrowed space that has been offered through some of the local churches: Northwest Medical and Northwest Fire Union Hall. Those are short term agreements. There is a finished space available at the Coachline Shops which are at the intersection of Coachline and Twin Peaks. They did a survey and found the asking price for the monthly rental is in line and competitive. It is a 1200 sq. ft space. It would house the playroom program, exercise classes and special interest classes in the evenings and weekend. They are asking to enter into a three year lease. They have worked a lease out with the Marana Unified School District on four acres close to Coachline and Silverbell. They will start developing a plan to put a community building on that site to move these programs into so they have asked for a three year lease to give them an opportunity to get that facility up and running. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Resolution No. 2007-123 was unanimously approved. K. ITEMS FOR DISCUSSION/POSSIBLE ACTION L. BOARDS, COMMISSIONS AND COMMITTEES M. EXECUTIVE SESSIONS. Upon motion by Council Member Clanagan, seconded by Vice Mayor Kai, Council voted to convene to Executive Session. Executive Session: Relating to property acquisition; requesting direction and bidding instructions from the Mayor and Council for the Arizona State Land Department auction of approximately 90.71 acres of land adjacent to the Marana Regional Airport and including portions of the runway safety zone (Jim DeGrood) Action in open meeting: Upon motion of Council Member Clanagan, seconded by Council Member Comerford, it was approved 6-0 to submit a bid at auction in the amount discussed in executive session. Vice Mayor Kai was not present on the dais for the vote. I I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: JUNE 26,2007 2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights issues and to consult with and instruct the Town Attorney and the Town Manager concerning the 1979 intergovernmental agreement between the Town of Marana and Pima County relating to sewer service within the Marana town limits and to direct the Town Manager and Town Attorney with respect to that agreement (Frank Cassidy) (1) Upon motion of Council Member Escobedo, seconded by Council Member Comerford, it was approved 6-0 that the Mayor is authorized to execute a letter relative to the 1979 Pima County Sewer IGA as discussed in executive session. Vice Mayor Kai was not present on the dais for the vote. (2) Upon motion of Council Member McGorray, seconded by Council Member Comerford, it was approved 6-0 that staff is authorized to proceed with the negotiations and strategies discussed in executive session relative to water resource acquisition. Vice Mayor Kai was not present on the dais for the vote. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. N. FUTURE AGENDA ITEMS 0. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Council voted to adjourn. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 26, 2007. 1 further certify that a quorum was present. Fe-l'?n V//Bronson, Town Clerk gol E 12