TOWN OF DEWEY-HUMBOLDT TOWN COUNCIL REGULAR MEETING MINUTES AUGUST 17, 2010, 6:30 P.M.

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1 TOWN OF DEWEY-HUMBOLDT TOWN COUNCIL REGULAR MEETING MINUTES AUGUST 17, 2010, 6:30 P.M. A REGULAR MEETING OF THE DEWEY-HUMBOLDT TOWN COUNCIL WAS HELD ON TUESDAY, AUGUST 17, 2010, 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 6:40 p.m. 2. Opening Ceremonies Invocation. The invocation was given by Councilmember Nancy Wright Pledge of Allegiance. Made. 3. Roll Call. Town Council Members Mark McBrady, David Hiles, David Nystrom, Terry Nolan, Nancy Wright; Vice Mayor Denise Rogers; and Mayor Len Marinaccio were present. Mayor Marinaccio explained the Executive Session was in recess and will require more time to conclude. This meeting will be recessed for approximately 45 minutes. Councilmember Nolan made a motion to Approve recessing this meeting for approximately 45 minutes to conclude the Executive Session. Councilmember N. Wright seconded the motion. It was approved unanimously. Council recessed the Regular Council meeting at 6:44 p.m. The Regular Council meeting was resumed at 7:32 p.m. 4. Announcements Regarding Current Events, Guests, Appointments, and Proclamations. Announcements of items brought to the attention of the Mayor not requiring legal action by the Council. Guest Presentations, Appointments, and Proclamations may require Council discussion and action. None. 5. Consent Agenda. All matters listed under the Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. Any item may be removed from the Consent Agenda for separate consideration at a Council Member s request. Vice Mayor Rogers requested the removal from the Consent Agenda to the Discussion Agenda Item 5.3 Open Space and Trails Master Plan, as requested by Jack Hamilton. Page 1 of 8

2 Councilmember Wright requested the removal from the Consent Agenda to the Discussion Agenda Item 5.4 Magistrate Court Fee and Surcharge Schedule Ordinance Minutes. Minutes from the August 3, 2010, Special Session; August 3, 2010, Regular Session; August 6-7, 2010 Special Council Retreat Session and the August 10, 2010 Special Session Land Split - Revision of Plat. An application to revise a subdivision plat in the vicinity of Dewey Road. Councilmember Nolan made a motion to Approve 5. Consent Agenda. Items 5.1 Minutes. Minutes from the August 3, 2010, Special Session; August 3, 2010, Regular Session; August 6-7, 2010 Special Council Retreat Session and the August 10, 2010 Special Session; and 5.2 Land Split - Revision of Plat; as presented. Councilmember Nystrom seconded the motion. It was approved unanimously Open Space and Trails (OSAT) Master Plan. Adopt Open Space and Master Plan, dated June 30, Mayor Marinaccio gave an overview on what the Council is looking to adopt with the Master Plan. The Resolution adopting this plan can make clear that the final product can look like the plan or be different, but at the option of the council, keeping the flexibility in the system. Town Manager Emerson recommended the resolution of adoption be done at a future meeting as well as determining the continued role of the Open Space and Trails Committee. Mayor Marinaccio spoke to the Council about considering naming any future Chaparral Gulch facility after Emmett Trapp, and if so then attach a reminder note stating such. Council was amenable to that suggestion. OSAT Chair, Sandra Goodwin spoke on the great work the committee has done, and getting the OSAT plan adopted to continue working on it. She shared that Prescott Valley Councilmember Lora Nye offered her Town s help to Dewey- Humboldt with getting grants and help on the OSAT. Chair Goodwin offered to continue doing work on the OSAT and recommended giving the Committee the authority and direction to pursue the Town s vision and goals with adjacent towns and agencies. Mayor Marinaccio explained an agenda item will be on a future meeting to discuss the role of the OSAT Committee. Page 2 of 8

3 Councilmember Nystrom recommended adopting the final plan tonight and discussing what goes on the resolution later. Town Manager Emerson explained there were some scriveners errors and those corrections will be made to the final draft before adoption. He explained it could be adopted with the motion that these standards are goals and not minimums. Councilmember Wright asked if the continuation of the OSAT committee should be in the motion. Councilmember Nystrom made a motion to Approve 5.3. Open Space and Trails Master Plan. Adopt the OSAT Master Plan dated June 30, 2010, with the understanding that this plan provides goals not minimum standards to proceed with developing trails and open space for the Town and the OSAT committee continue as an ad hoc committee until a resolution is adopted further defining their role. Councilmember Nolan seconded the motion. It was approved unanimously Magistrate Court Fee and Surcharge Schedule Ordinance. Adoption of an ordinance amending the Magistrate Court Fee and Surcharge Schedule. Councilmember Wright spoke on a wording change to the third "Whereas" on page 26 of 148 in the packet: amend to "not suitable" from "not practicable at this time". Councilmember N. Wright made a motion to Approve 5.4. Magistrate Court Fee and Surcharge Schedule Ordinance. Adoption of an ordinance amending the Magistrate Court Fee and Surcharge Schedule. as amended. Councilmember Nystrom seconded the motion. It was approved unanimously. 6. Discussion Agenda - Unfinished Business. Discussion and Possible Action on any issue which was not concluded, was postponed, or was tabled during a prior meeting Building Permit Exemption - Accessory Building Exempt Size Change. A proposal to amend Town Code (B) subsections 105.2(1), (18), (19), and (20); and Town Code Chapter 153 Appendix A 1(a), 1(b), and 2(b). Town Manager Emerson gave an overview. The exemption is from permitting not from the building code, and it doesn t affect any existing plumbing or electricity, drainage, grading, etc. requirements. Vice Mayor Rogers asked for clarification on whether the exemption applies to residential only, or commercial too. Town Manager Emerson explained there is no accessory structure exemptions for commercial. Page 3 of 8

4 Public Comment was received on this item. Jack Hamilton spoke on safety concerns with the larger size structures and whether the building codes will be followed. Sam Knoy spoke in support of the change to the code and limiting restrictions. Stan Gorodenski spoke in support of this change. Councilmember Hiles made a motion to Approve 6.1. Building Permit Exemption - Accessory Building Exempt Size Change. A proposal to amend Town Code (B) subsections 105.2(1), (18), (19), and (20); and Town Code Chapter 153 Appendix A 1(a), 1(b), and 2(b), the ordinance which amends the Town code from exempting sf size accessory buildings. Councilmember Nolan seconded the motion. Councilmember Nystrom asked if Council needed a first-read on the ordinance, as they have made this request before for all ordinances. Mayor Marinaccio explained it was not necessary as this was produced from specific direction to staff. It was approved unanimously Discussion on Town Code through Council discussion on the Council Rules and Procedures, including rank-choice voting (agenda request by CM Wright). Councilmember Wright explained her reason for requesting this item was from her concerns with the ranked voting on the selection for Town Attorney. Town Manager Emerson reviewed the summary of the ballots and the ranking. Mayor Marinaccio explained the different types of voting and reasons for each. There was discussion on what type of voting is preferred and if there should be different choices for different applications. It was recommended that in the future the process is done slower and clearer, removing the mystery. Councilmember Wright stated she would like the first two items (Council Agenda Section , and Legal and Ethical Standards Section ) set for the next work session, with Staff bringing back a document incorporating some of her suggestions regarding Legal and ethical standards, removing some for the actionable ethical issues. The rest can be brought up from time to time. Town Manager Emerson explained Council can analyze what CM Wright has prepared in the September 14, 2010 Study Session and legal and ethical standards recommendations can come back at the October 12, 2010 Study Session. Council looked at the Ranking/Voting issue, gave their opinions on which voting method they preferred and why. Page 4 of 8

5 Council reached consensus to move this discussion on voting to a work session and directed Staff to bring back what type of voting other local municipalities use, at that work session Performance Evaluation Process. "Determine the Town Manager s performance evaluation process, form, criteria and format. The Town Manager s Contract states in Section 12 that the review is typically done in August and must be mutually agreed upon" (agenda request by CM Wright). Councilmember Wright moved this item to the end of the agenda, following 7.4 if time permits Antelope Meadows Commercial Center (AMCC) Intergovernmental Agreement (IGA). The Yavapai County Flood Control District (YCFCD) has allocated $85,500 in its current FY10/11 budget. These funds are to provide assistance to the Town for local drainage improvements. Town Manager Emerson gave an overview on the IGA, explaining that they can accept the IGA now and amend it once the solution is worked out with the property owners. There was discussion whether this IGA would obligate the Town to any additional expenses, and Town Manager Emerson explained it does not. If this doesn t work out, the money either goes back or gets reallocated to a different area within the Town for a qualified Flood project. Councilmember Nolan made a motion to Approve 6.4. Antelope Meadows Commercial Center (AMCC) Intergovernmental Agreement (IGA), accepting the IGA. Councilmember N. Wright seconded the motion. It was approved unanimously. 7. Discussion Agenda - New Business. Discussion and Possible Action on matters not previously presented to the Council Cattle at Large Ordinance. An ordinance to limit damage from livestock in residential areas. Town Manager Emerson gave an overview on the proposed ordinance. There was discussion on what the ordinance regulates. Council made suggestions for minor amendments to the ordinance. There was discussion on how big a problem this is in Town and whether an ordinance is necessary. Councilmember McBrady recommended waiting a month before taking action on this ordinance, allowing time for citizens to weigh in on it. Page 5 of 8

6 Public Comment was received on this item. Sam Knoy spoke on the urgency of the problem and the need for the ordinance right away. He spoke on the Town needing an ordinance to keep the cattle out of the incorporated area and liability issues for the Town. Jack Hamilton spoke on allowing time for the cattle owners to fix the fencing before the ordinance takes effect. Stan Gorodenski asked if the Town has jurisdiction over someone who doesn t live within the Town, and spoke in support of the ordinance. There was discussion regarding enforcement and wording was added that it will be enforced by a signed complaint. Town Manager Emerson explained; Town's jurisdiction to enforce this ordinance; fines would be the same as for dogs at large until decided otherwise by Council; ordinances go into effect 30 days after adoption unless adopted under an emergency clause. The following issues were discussed and updated in the ordinance at the meeting before the Council: 1. Clarify that ordinance covers cattle that roam within Town limits, even though owners do not reside within the town. 2. Remove Poultry, Fowl, and Rabbits and keep names of animals in common terms. 3. Discussion on destruction and disposition of animals qualifiers ( MAY be destroyed), and discussion on cost of maintaining animals while in custody. 4. Enforcement by signed complaint only. 5. Penalty same as dogs at large, no change to fines at this time. 6. Reasons for the necessity of it being an Emergency Ordinance, giving almost 2 weeks to bring fencing to compliance. (Sept 1 st ) Sam Knoy spoke on keeping goats in the ordinance. Tina Knoy spoke on their efforts to work with the neighbors first. Councilmember Nolan made a motion to Approve 7.1. Cattle at Large Ordinance, as amended in the meeting, with an emergency clause, with a September 1, 2010 effective date. Vice Mayor Rogers seconded the motion. A vote was taken and carried with a (6-1) vote in favor, Councilmember McBrady voting against Removal of gates at Agua Fria. Agenda request by CM Hiles. Councilmember Hiles explained his reasons for requesting this item, and gave an overview, recommending getting rid of the gates. There was discussion on the current process, some other options and the Town s liability in the situation. Public Comment on this item was received. Jack Hamilton spoke on getting the Town Attorney s opinion on the Town s liability. Page 6 of 8

7 Councilmember Hiles made a motion to Approve 7.2. Removal of gates at Agua Fria, and proper signage in place to not enter when flooded. Vice Mayor Rogers seconded the motion. It was approved unanimously Council Salary. Agenda request by CM Hiles. Councilmember Hiles gave an overview. He stated it is time for Council to receive a token salary. There was discussion on whether to support this recommendation, and when it would kick in if it was approved. Public Comment on this item was received. Jack Hamilton spoke in opposition to the Council Salary. There was discussion, and Council was divided on the issue. Councilmember Nolan made a motion to Approve sending the item 7.3 Council Salary, to a work session. Councilmember Hiles seconded the motion. The motion failed by a 3-4 vote, Councilmembers McBrady, Nystrom, Wright and Vice Mayor Rogers voting against. Councilmember Nolan made a motion to Approve to not adjourn at 10:00 p.m. and extend the meeting, addressing items 7.4, 8, 9 and 11 only. Vice Mayor Rogers seconded the motion. It was approved unanimously Sign Code Resolution. A resolution to suspend enforcement of certain aspect of the existing Sign Code and to refer the Sign Code to the Planning & Zoning Commission for reform. Town Manager Emerson gave an overview. The recommendation is to suspend enforcement of the sign code until the sign code can be amended. There was discussion. Councilmember Nolan made a motion to Approve 7.4. Sign Code Resolution, suspending the sign code in accordance with the resolution in the packet, and sending the ordinance to the P&Z Commission for revision, with a 6-month sunset clause. Vice Mayor Rogers seconded the motion. It was approved unanimously. Mayor Marinaccio suggested they could either have a work session on this item and then send it to the P&Z Commission with Council s direction, or they could send it to them as it is without further direction. Council agreed to send the sign code revisions on to P&Z giving them generalities, shorter, simpler, and less restrictive guidelines. 8. Public Hearing Agenda. None. Page 7 of 8

8 9. Comments from the Public. Jack Hamilton made suggestions on the process of changing the OSAT ad hoc committee to a standing committee. 10. Town Manager s Report. Update on Current Events. Reports not given Monthly update from Finance Quarterly Community Outreach report. A report regarding current results of the Town s community outreach and code compliance efforts. 11. Adjourn. The meeting was adjourned at 10:30 p.m. Len Marinaccio, Mayor ATTEST: Judy Morgan, Town Clerk Page 8 of 8