Minutes of Regular Town of Thatcher Council Meeting

MINUTES OF MEETING AND PUBLIC HEARING OF THE

THATCHER TOWN COUNCIL

May 12, 2009

Present: Mayor Bob Rivera, Vice Mayor Bill Mulleneaux, Councilman Charles Morris, Eric Merriman, Ken Larson, Wayne Griffin, Don Innes

Staff: Terry Hinton Manger, Heath Brown Engineer, Chief Mark Steven Police, Chief Mike Payne Fire, Dudley Welker Attorney Lona Duncan Town Clerk

Visitors: Travis Hewitt, Brandon Lunt, Aimee Staten, Jerry Robinson

AGENDA

Mayor Rivera called the meeting to order at 7:00pm establishing that there was a quorum. Mayor welcomed everyone and said God Bless our Troops, Families and America.

Pledge of Allegiance lead by Aimee Staten

Roll Call.

PUBLIC HEARINGS: 2009/2010 Budget

None

OPEN CALL TO THE PUBLIC:

Anyone wishing to address the Council on an issue not on the agenda is allowed to speak at this time. Comments are limited to 5 minutes and the Council may only direct staff to study the matter, respond to criticism or schedule the matter for a future meeting.

None

PUBLIC APPEARANCES:

None

CONSENT AGENDA: Action Item

A. Approve minutes of the April 14, 2009 Regular Council Meeting.

B. Planning and Zoning Monthly Report.

C. Police Monthly Report.

D. Approval of Invoices.

E. Financial Reports.

Councilman Morris made motion to approve minutes and reports Councilman Larson seconded the motion. The vote was unanimous. Motion passed

OLD BUSINESS: Discussion, consideration and possible action

A. RESOLUTION NO. 545-2009: A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF THATCHER, GRAHAM COUNTY, ARIZONA, APPROVING THE FINAL BUDGET FOR FISCAL YEAR 2009-10 OF THE TOWN OF THATCHER, ARIZONA.

Terry said that the budget hasn’t changed the totals are still the same which is 9, 331,598 dollars. Councilman Griffin Wayne had a question about the air card and phone budget in Mayor and Council being more. Terry said that is for the air cards for your lap tops and the allowance of your own phones. I broke it out like that so you could see it better. Terry pointed out that there were no property taxes.

Vice Mayor Mulleneaux made motion to approve Resolution No 545-2009. Councilman Innes seconded the motion. The vote was unanimous. Motion Passed

NEW BUSINESS: Discussion, consideration and possible action

A. RESOLUTION NO. 546-2009: A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF THATCHER, ARIZONA, STATING THE PROCEDURES FOR PURCHASING FROM THE MAYOR AND ANY MEMBER OF THE COUNCIL.

Terry said as you know we pass this every year the State requires it and it put us in line if we do business with anyone of the Council. It basically says if we do we have to do it on a biding bases.

Councilman Innes made the motion to approve Resolution No 546-2009 and Councilman Morris seconded the motion. The vote was unanimous Motion passed

B. RESOLUTION NO. 547-2009: A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF THATCHER, ARIZONA, STATING THE SALARY EQUIVALENCY AND THE NUMBER OF AUTHORIZED POSITIONS FOR VOLUNTEER FIRE-FIGHTERS AND VOLUNTEER RESERVE POLICE OFFICERS.

Terry we also have to establish each year the entry level salary paid for Volunteer Firemen and Reserve Police Officers. The entry level salary for policeman this year is 3619.00 and there are 34 positions for Firemen and 2 Reserve Officers. Chief Payne said there were 35 Firemen.

Vice Mayor Mulleneaux made motion to approve Resolution No 547-2009 with the correction to 35 volunteer Firemen. Councilman Merriman seconded the motion. The vote was unanimous Motion passed

C. RESOLUTION NO. 548-2009: A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF THATCHER, GRAHAM COUNTY, ARIZONA, AUTHORIZING THE MAYOR AND MANAGER TO EXECUTE FOR AND ON BEHALF OF THE TOWN OF THATCHER, ARIZONA, IGA=S WITH GRAHAM COUNTY TO PROVIDE FOR DISPATCHING SERVICES, ANIMAL CONTROL SHELTER SERVICES AND WIDE AREA NETWORK COMMUNICATION SERVICES.

Terry said these are the IGA’s that we sign every year for the services provided by the County. They are the same but the amounts have changed some the dispatching and animal control went up and the wide area network went down but they are within the budget amount that was approved. Councilman Griffin asked what percentage did it changed and the answer was about 10 percent.

Councilman Morris made motion to approve Resolution No 548-2009. Councilman Larson seconded the motion. The vote was unanimous Motion passed

D. RESOLUTION NO. 549-2009: A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF THATCHER, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "THE 2006 AMENDMENTS TO THE TAX CODE OF THE TOWN OF THATCHER".

Terry said this Resolution and the Ordinance deals with equalizing our sales tax to 2 percent the food tax was 1 ½ percent they will now be the same 2 percent.

Councilman Innes made the motion to approve Resolution No 549-2009 and Councilman Morris seconded the motion. The vote was unanimous Motion passed

E. ORDINANCE NO. 155-2009: AN ORDINANCE OF THE TOWN OF THATCHER, ARIZONA, RELATING TO THE PRIVILEGE LICENSE TAX; AMENDING THE TOWN TAX CODE BY INCREASING THE CURRENT TAXATION RATE ON FOOD TO MATCH THE GENERAL TAXATION RATE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR SEVERABILITY; DESIGNATING AN EFFECTIVE DATE AND MAKING PROVISION FOR EXISTING CONTRACTS.

Terry said this is the companion to the Resolution No. 549-2009 this will make it a public record so we don’t have to print the whole resolution in the paper.

Councilman Merriman made the motion to approve Ordinance No 155-2009 seconded by Vice Mayor Mulleneaux. The vote was unanimous Motion passed

F. RESOLUTION NO. 550-2009: A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF THATCHER, GRAHAM COUNTY, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE FOR AND ON BEHALF OF THE TOWN OF THATCHER, ARIZONA, AN IGA WITH THATCHER UNIFIED SCHOOL DISTRICT #4 FOR JOINT PARTICIPATION IN THE SOFTBALL FIELD LIGHTING PROJECT.

Terry said as I have mention before the Central ball park has two ball fields with five poles that have been given to the Thatcher School. Our responsibility is to cut the bases off and haul them down to school. We use their fields during our summer baseball league. Councilman Morris asked if they would just cover one field the answer was yes the fields are to spread out to cover any more. Councilman Merriman asked if they are going to be metered. The answer was yes we use it we pay they use it they pay. Rivera asked if the transformer is big enough for future lighting and the answer was yes. Terry also said we will do this at our convenience it might be next season before they are in.

Councilman Morris made motion to approve Resolution No 550-2009 seconded by Councilman Merriman. The vote was unanimous. Motion passed

G. Water Well Easement for Mr. Jay Layton.

Terry said back in 1995 or 1996 we purchased 40 acres from Jay Layton to increase the Waste Water Treatment Plant and he retained all irrigation and well rights. The well is on our property outside of our fence on the south east corner of the waste water plant there is a well about 10ft from the fence. Our property is about 50 to 55 ft south of that corner so we have a wedged piece and the road way belongs to us. We have already given Mr. Daley an easement get to his property on the far side this gives a legal easement to Mr. Layton for operation of his well. It is still our property.

Vice Mayor Mulleneaux made motion to approve water well easement Councilman Larson seconded the motion. The vote was unanimous. Motion passed

H. Land exchange for H & S Feed Store.

Terry said on the corner of Hwy 70 and 1st Ave where the old Tex Café used to be is being purchased by H&S Feeds they are going to build a new feed store, welding building and hair saloon. The old highway ran about where the Shell Station is now when the road was relocated ADOT still retain that right a way a few years back when they did the Thatcher to Safford improvement project. ADOT deeded to the Town that extra right a way they didn’t need so we ended up with a triangular piece of land that is of no use to the Town. H&S owned part of 1st Ave on the other side of the street and they have deeded that back to the Town. They need that extra little piece for parking and access to there property. Staff recommends the exchange for H & S Feeds

Vice Mayor Mulleneaux made motion to accept the land exchange and Councilman Griffin seconded the motion. The vote was unanimous. Motion passed

EXECUTIVE SESSION: Pursuant to A.R.S. Section 38-431.03 (A)(7) the Council may go into Executive Session to consult with the Town Attorney for legal advise.

A. Decision on Executive Session.

None

INFORMATIONAL ITEMS:

A. Town Manager’s Report:

Terry said on the new shop building we received the prices for the plaque will be 1300.00 and the other sign out by the road will be 550.00 dollars that will be here in about 3 to 4 weeks that sign will be put on the block wall that Dave has built. Councilman Innes said I think that is a lot to pay for a plaque on a maintenance building. Terry said it will be inside the building and protected like the sign in Town Hall. Mayor Rivera said it has taken us 15 years and invested a million dollars the building should be dedicated I think it is a good thing all the other buildings have been dedicated. Terry said we had the final inspection and all the contractors have been paid and if you notice in financial report general fund is 93 thousand in the black and the electrical fund is over a hundred thousand dollars in the black without taking anything out of fund balance we have built this building.

We are still working on the CDBG side walks it is progressing along good and one week from Friday we will move off the sidewalks and go to the school project as soon as school is out. This project is going to be a lot of work but we should get all the concrete work finished before schools starts but the paving may not be done until Christmas break.

Heath and I have looked at options on 20^th Ave at the places that have unraveled and look so bad. The problem is the applicant was not right for the use we put 3/8 inch friction coarse and it is not good for turning places it is just not holding up. There is a process they have developed for nascars it is where they use a grinder it goes in places and makes it real smooth and go back in with sand and oil to rejuvenate it and then restripe it. We have been looking at the cost to see if it would work for us. Mayor Rivera ask if the intersection was ours and Terry said yes it is from the north edge of the railroad track to Hwy 70 inspection is our for maintenance. The road is in good shape the friction part is all that is wearing out.

Terry said the clean up is going well. We have passed our deadline and there are a few people who have not cleaned up what was asked of them will get a second letter and another inspection will be done. We really don’t want it to go to Magistrate Court so we are going to work with them if they will just do something. A letter of appreciation and thank you will go out to those that have worked on it. The trailer that in the wrong place after their parent had passed away decided not to reapply they are going to sell the trailer and get it out of the back yard so that will be taken care of.

We meet with some people from Smart Works Plus. It is a company that has worked with the schools on retirement. What happens is they retire and then go back to work for this company under contract for a potion of their salary plus they have their own retirement. The City saves money because they don’t have to pay retirement and some other benefits but the employee has to have their 80 points or be 62 or 65 years of age or normal retirement. We will meeting with some of the employee and then have Smart Works come up and meet with Council on how it would work. Mayor Rivera asked how that worked so do you resign from the Town of Thatcher. Terry said the employee would retire and then sign contract with Smart Works Plus who would then pay the employee and we do their evaluation and supervisor them but before that happens the Town has to sign a contract with them agreeing to pay the salary and what ever else is agreed on. Vice Mayor Mulleneaux ask why Smart Works has to be involved. Terry said because the State Statue says after a person retires they can not work for a State entity for one year so this company does the hiring. Terry said the one benefits for the city is the 9% savings on retirement. Mayor Rivera said we probably need to have a work session to talk about this. Terry said maybe next month we could have the fire department and the ladder truck along with this at the work session.

Terry said the EAC pool will open May 26^th I haven’t heard if they will have a swim team coach. Heath said his wife was told by EAC that it is open to public but they had no swim team coach or swimming lessons.

B. Fire Department Report.

Chief Payne said they have the bed on the truck now we are happy with the way it looks. We have been working on grants that should be finished up this week. One is for a training facility about 189 thousand and also working on a radio grant for about 88 thousand dollars. Chief said we also received the desk for Larry’s office. We are just getting into the summer activities. Mayor River said we appreciate the fireman.

C. Police Department Report.

Chief Stevens said we are getting another 10 thousand from DUI Task Force and the letter I sent asking to be able to use 2500 dollars to buy a car video and he approved it. We have all the new guns, taser, rifles and revolver in now so we are good in that department. We are going to work on getting the abanded cars parked on the street and tag them. We will be looking at cars that have been parked for 72 hours ,no license plate, flat tires, no engine those are the signs they are abanded. We started charging a storage fee on UDA vehicles by statue you are allowed to charge a hearing fee. We just collected a total fee of 445.00 (150 dollars for hearing fee and 7.50 a day for storage fee). I don’t believe the vehicle was worth that but he paid it. There were two agents from the Border Patrol that can to interview him before the car was released. Terry said the first new car they will get is on order it should be here the beginning the year it is an Expedition Chief said that is a grant car and that is where the new camera will go. Mayor Rivera asked about the two new officers that you applied for. Terry said thy received our paper work but have not received any notice about it and that has been about three weeks ago. Chief Stevens said the other agencies have not heard yet either. Terry said that Heath went to a stimulus project meeting and the hoops they want you to jump through are just tremendous. I’m sure they have thousands of application. Mayor Rivera read a letter written by a Mrs. Yvonne Lewis about Officer McClain and how appreciative she was of him helping her unlock her car door. She is very thankful for the cordial hospitality he extended. Mayor Rivera asked the Chief to tell Officer McClain that he is appreciated.

COMMITTEE REPORTS:

A. Safe House- Councilman Griffin said they would not meet until June. I have gone to a couple of meetings on the senses and that is April 1^st and they are looking at turning the population and figuring that all out.

B. Chamber of Commerce- Councilman Merriman said they meet today but did not have a quorum. The Boys & Girls Club and the Safe House we given a check for 2000 dollars which was from that train ride. Vice Mayor Mulleneaux ask if the train ride would happen again and Councilman Merriman said they are going to try and get it back in October. This Thursday the Chamber will have their breakfast at 7:00am at General Service Building and the Mayors will be talking. Mayor Green said they were working on their water tanks and David Kincaid said that the solar panel people contacted them about Safford giving them water which would be 35% of total allotted water to make them work. Terry said just listening to the BLM the solar panel has to be purified water and they require a lot of water. Councilman Merriman said they had a couple of ribbon cutting and 5 new members.

C. SEAGO- Mayor Rivera said he attended an RTAC meeting and a Rural Transportation Council meeting yesterday and the newly appointed director for ADOT introduced him and told us that there is no money. John Halikowski was appointed by the Governor as the ADOT Director he has been with the legislator for fifteen years and has a lot of back ground. There are two different departments operations and maintenance in the operation side they are paying their bills but on the maintenance side they are backing off because of no money he is afraid that the highways and road will get deteriorated so it will cost more money to get them fixed. He has tried to explain that to the legislators so he has an up hill battle. We also talked about the Rural Transportation Summit and getting it down here for next year. One of the problems is that the State is running out of money and cutting traveling and ADOT was one of the groups we invite to the meeting so they are looking at keeping it in Phoenix so all parties can get there but it has not been decided yet. We did agree to have it in fall of 2010 maybe August and October they are going to look at everyone schedule and try and fit it in so all can attend. I am still trying to get it here if they hold it in a rural area. Mayor Rivera said a week from Thursday there is a Tac meeting and the next Seago meeting is May 30^th.

D. Arizona Foundation. Councilman Larson said we don’t have a lot going on at the present time.

ADJOURNMENT