TOWN OF DEWEY-HUMBOLDT TOWN COUNCIL SPECIAL SESSION MINUTES FEBRUARY 8, 2011, 2:00 P.M.

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1 TOWN OF DEWEY-HUMBOLDT TOWN COUNCIL SPECIAL SESSION MINUTES FEBRUARY 8, 2011, 2:00 P.M. A SPECIAL SESSION OF THE DEWEY-HUMBOLDT TOWN COUNCIL WAS HELD ON TUESDAY, FEBRUARY 8, 2011, AT TOWN HALL AT 2735 S. HIGHWAY 69, DEWEY- HUMBOLDT, ARIZONA. MAYOR LEN MARINACCIO PRESIDED. 1. Call To Order. The meeting was called to order at 2:01 p.m. 2. Roll Call Town Council. Town Council Members Mark McBrady, David Hiles, David Nystrom, Terry Nolan, Nancy Wright; Vice Mayor Denise Rogers; and Mayor Len Marinaccio were present. 3. Special Session Agenda Town Library Lease with Community Action Program (CAP). Review and modify the lease agreement or counter offer. Interim Town Manager, Art Castricone and Town Engineer, Joel Berman gave an overview on the lease modifications requested at the last meeting with CAP representatives. There was discussion on CAP s non-profit status, Consumer Price Index versus 11th District Cost of Funds Index, the increase cap, location of library, notice of intent deadline to CAP regarding the lease renewal, and changing the term of the lease to 2-years. Councilmember Wright made a motion to Approve 3.1. Town Library Lease with Community Action Program (CAP), presenting this lease with a 2-year term limit. The mover and seconder agreed to amend the motion to include a 1-year automatic renewal. Councilmember Hiles seconded the motion. Interim Town Manager (ITM), Castricone explained if CAP wants to renegotiate the lease then he will bring it back to Council. No public comment was received on this item. A vote was taken and carried with a (5-2) vote in favor, Councilmember McBrady, and Councilmember Nolan voting against Town Hall Lease. Discussion of renewal/negotiation options and provide direction to staff. Councilmember McBrady recused himself from item 3.2 as he is the landlord for the town hall facilities. ITM Castricone gave an overview. He suggested Council name a negotiator to represent the Town. Two candidates that have come forward are Town Attorney Goodwin and a local broker. He explained it could cost from $2k to a rate of 7.5% of the entire cost of the lease. Councilmember Hiles suggested touring the available properties in town to see if they are at all suitable. Page 1 of 5

2 There was discussion on costs associated with moving and tenant improvements as well as some other factors to consider. Councilmember Nolan made a motion to Approve to take the time to go look at the available buildings (Church at Prescott Dells Ranch Rd, and the Schuck & Son s building) themselves before they decide what to do. Councilmember Hiles seconded the motion. Jack Hamilton spoke on other costs and concerns of moving to a new facility. Sandra Goodwin spoke on opening the tour of the properties to the public. Mark McBrady spoke on other considerations and comparisons to the current contract. He spoke on work that has been done to make it a town hall, and town hall being on the town s logo/seal. Lydia Chapman spoke in support of keeping town hall at Humboldt Station. Councilmember Hiles made a motion to allow Mark McBrady to continue talking during public comment. Councilmember Nolan seconded the motion. The motion carried by a 5-1 vote in favor, Councilmember Nystrom voting against. Mark McBrady continued talking about costs to move to a new facility and recommended the Town extend the existing lease for another 2 years. Lydia Chapman spoke in support of Mr. McBrady and his comments, recommended renting someone s home for public works offices and spoke on the lower level of the library. A vote was taken on the motion to tour the available commercial properties in town and carried with a (5-1) vote in favor, Councilmember Nolan voting against. Council discussed the next steps, negotiation costs, tenant improvement costs and whether to extend the current lease Legal issues on parameters for using legal counsel. [requested by CM Wright carried over from Jan. 4, 2011 meeting] Councilmember McBrady returned to the dais. Councilmember Wright gave an overview on this agenda item. Town Clerk Morgan distributed responses regarding policy she received from other municipalities, and Council reviewed. It was suggested staff bring back an administrative order/policy that any contact with Town Attorney is approved through the Town Manager. Pre-approval can be given for certain issues. Councilmember Nolan made a motion to Approve 3.3. Legal issues on parameters for using legal counsel. Staff to bring back samples on how to do this. Councilmember Nystrom seconded the motion. Lydia Chapman spoke on who the Attorney works for and her preference for authority in this matter. Page 2 of 5

3 A vote was taken and carried with a (6-1) vote in favor, Councilmember McBrady voting against. Lydia Chapman asked about Boards and Commissions access to legal counsel. Mayor Marinaccio responded the Council needs to consider the Boards, Commission and Committees in this and specifically the Board of Adjustment as it is a quasi-judicial body and might need legal opinions. There was discussion on who is accountable and should make the decision whether to spend the money to contact the Town Attorney. It was suggested Staff should go through the Town Manager but some Human Resource and Town Clerk issues might need to be handled directly. There was discussion on how the Council, Committees, Boards and Commission would handle questions. ITM Castricone asked Council to allow staff to draft up some options/guidelines, communicating with Council during the process. A blanket authority for certain contexts, (Elections, changes to the structure of the law, etc.) can be considered Direct Staff to pursue a longer retention policy than is currently allowed. [requested by CM Wright] Councilmember Wright gave an overview, and explained she was requesting a longer retention of audio and video, which would then only make it necessary to record action minutes. There was discussion on retention and challenges involved with that. Councilmember Hiles made a motion to Approve 3.4. Direct Staff to pursue a longer retention policy than is currently allowed - Audio and video recordings of the meetings are hereby declared historical and will be keep for 5 years, written minutes permanently, and audio recordings 3 months, as listed in the retention schedule. Councilmember McBrady seconded the motion. Jack Hamilton spoke on retention and destruction of records, and supported keeping Granicus files permanently, and action minutes. There was discussion on the archiving process and changing technology. A vote was taken and carried with a (5-2) vote in favor, Councilmember Nystrom, and Councilmember Wright voting against. Councilmember Wright made a motion to Approve 3.4. Directing Staff to contact the Arizona State Library, Archives and Public Records (ASLAPR) to see if the audio/video and audio files can be retained on a permanent basis. Vice Mayor Rogers seconded the motion. Jack Hamilton spoke on changing the retention period, backing up files, and addressing action minutes in a motion. A vote was taken and carried with a (6-1) vote in favor, Councilmember Nystrom voting against. Town Clerk, Morgan asked for their supporting argument, to send to ASLAPR with the request. Mayor Marinaccio stated it is: "for posterity and for the public interest". Page 3 of 5

4 Councilmember Nolan made a motion to Approve 3.4. Keeping the minutes of actions only. Councilmember Hiles seconded the motion. A vote was taken and carried with a (6-1) vote in favor, Mayor Marinaccio voting against A look at possible Zoning changes regarding Medical Marijuana dispensaries. A discussion to determine whether Council feels any zoning changes need to made to accommodate Medical Marijuana dispensaries. Vice Mayor Rogers left the dais at 4:25 p.m. Mayor Marinaccio gave an overview. Vice Mayor Rogers returned at 4:27p.m. Community Development Director, Dennis Price spoke on addressing location restrictions (zoning) for Medical Marijuana facility. There was discussion. Public comment was taken on this item. Geri Giangarra spoke on her proposed business of growing Medical Marijuana. There was discussion. Councilmember Hiles called a point of order for getting off topic. Joseph Giangarra requested a letter from the zoning director of the town, along with the zoning requirements. Jack Hamilton spoke on the Council giving their intent of zoning for this use. Darrell Hudson spoke in opposition to this project and the law. Cathy Jackson spoke on restricting the location of these facilities from being near schools. Councilmember Nystrom made a motion to Approve 3.5. A look at possible Zoning changes regarding Medical Marijuana dispensaries. Pending a recommendation from P&Z and necessary public hearings, it is the intent of the Council to limit medical marijuana dispensaries and cultivating facilities to C3 and above. Councilmember Wright seconded the motion. The motion failed by a 3-4 vote, Councilmembers Hiles, McBrady, Nolan and Mayor Marinaccio voting against. Councilmember Hiles made a motion to Approve 3.5. A look at possible Zoning changes regarding Medical Marijuana dispensaries, sending to P&Z for their consideration and recommendation. Councilmember Nolan seconded the motion. It was approved unanimously. No specific direction was provided to P&Z Accountant Position and Training Request. Request by Finance Director, Jane Fuller for Council s authorization for hiring and registration for the GFOAz Winter Conference for this position. Finance Director, Jane Fuller gave an overview of her selection for the Accountant position and requested they (Ms. Fuller and the new hire) be allowed to attend the GFOAz conference. Councilmember Nystrom stepped away from the dais at 5:32 p.m. There was discussion on the pay range and salary offer for this position. Page 4 of 5

5 Councilmember Nystrom returned to the dais at 5:34 p.m. Jack Hamilton spoke on comparisons with salary ranges. Vice Mayor Rogers made a motion to approve 3.6. Accountant Position - Council's authorization for hiring for this position. Ratify the hiring of Gary Blair at $38,584. Councilmember Wright seconded the motion. A vote was taken and carried with a (6-1) vote in favor, Councilmember Wright voting against. Councilmember Hiles made a motion to Approve 3.6. Training Request - Council s authorization for registration for the GFOAz Winter Conference for both the Accountant and the Finance Director. Councilmember Nolan seconded the motion. A vote was taken and carried with a (6-1) vote in favor, Councilmember Wright voting against. Councilmember Nystrom made a motion to Adjourn the meeting at 5:51 p.m. Councilmember Hiles seconded the motion. It was approved unanimously. The meeting was adjourned and agenda items 3.7, 3.8, 3.9, 3.10 and 4 were not addressed at this meeting, but were moved to the next Council meeting Hardship Abatement Request. Discussion and possible action regarding the award of a contract, or other options, for the removal of site debris from the demolition of a single family residence. Not addressed at this meeting Fund Balance Policy (Principles of Sound Financial Management). Discussion and staff direction on updating the policy on limiting the use of cash fund reserves. [CM Nystrom request] Not addressed at this meeting Annual Budget Schedule. A discussion and possible action to change date due for annual budget presentation. Not addressed at this meeting Designation of delegate(s) for meeting with ADOT regarding the speed limit change on Highway 69. Not addressed at this meeting. 4. Comments from the Public. Not addressed at this meeting. 5. Adjourn. The meeting was adjourned at 5:51 p.m. Len Marinaccio, Mayor ATTEST: Judy Morgan, Town Clerk Page 5 of 5