M I N U T E S

TOWN OF QUARTZSITE
REGULAR MEETING OF THE COMMON COUNCIL 
TUESDAY, OCTOBER 26, 2010 7:00 PM

 

 

CALL TO ORDER:  Mayor Foster 7:01 P.M.

INVOCATION:  Mayor Foster.

PLEDGE OF ALLEGIANCE:  All in attendance.

ROLL CALL:  Mayor Foster, Vice Mayor Cowell, Council Members Anderson, Kelley, Lizarraga, Lukkasson and Winslow.

STAFF PRESENT:  Town Manager Alex Taft, Town Attorney Walsma, Town Clerk Karen Norris, Al Johnson C.B.O., Utilities Clerk Cindy Harvard, Procurement Clerk Julie Pieper and Police Chief Jeff Gilbert.

REPORTS & ANNOUNCEMENTS
Mayor Foster comments regarding the training session Council received from the League of Arizona Cities and Towns.  Mayor Foster states one of the things that came out of the training was that the Chief Executive will run the meetings of the Council.  Mayor Foster comments he thought it is time for cooperation with the Town Manager.  He met with Town Manager Taft regarding scheduling and agenda matters.  Mayor Foster states Town Manager Taft rejected that, she does not want to meet him.  Mayor Foster explains that a work session was to be scheduled for last Wednesday and he requested it be scheduled for Thursday, the work session ended up being scheduled for Wednesday.  Mayor Foster states he has no input to the scheduling of Council business.  Mayor Foster comments regarding a letter given to him by Town Manager Taft, advising him he can possibly be charged with violation of the open meeting law with any citizen who gets up and says something wrong, so until he has had time to talk to an attorney he will not call on anyone for reports or announcements or any open public discussion, since he has no way of knowing when someone steps to the podium what they have in mind to express.

Council Member Anderson questions whether the Council can give a report or announcement. 

Mayor Foster states that there are no reports or announcements listed on the agenda.

Discussion regarding the reports and announcements issue.

Town Attorney Walsma states addressing the Call to the Public in particular, that was not her understanding of the presentation.  She believes that what Mr. Simms from the League was addressing was that if people at the podium are not talking about city business or things under the jurisdiction of the city, they should then be told to not make any further address.  If that did not happen, then she believes he was saying, there was a possibility of a fine.

Mayor Foster responds that until he has an attorney look at the letter he received from Ms. Taft, he will not open himself to that charge.

Town Attorney Walsma states that as far as the Announcements, it is an agenda item, typically it is announcements of things affecting the Town and reports on Town business.

Mayor Fosters comments what he understood was that if it was not on the agenda he could be charged.  If he allowed discussion from anybody to go off the agenda, he could be charged with violation of the open meeting law.

Town Attorney Walsma states that there should not be discussion, but Reports and Announcements is on the agenda.  For very limited announcements and Town reports.  Ms. Walsma continues to explain the Reports and Announcement portion of the agenda.

Mayor Foster states he would like another legal opinion on this subject.

CONSENT AGENDA:
1.  Approval of accounts payable (Check Series: 30887 – 30966/total = $875,465.38)
2.  Approval of Minutes of Regular Meeting of October 12, 2010.
3.  Approval of Minutes of Special Meeting of October 14, 2010.

Council Member Lizarraga requests to do Consent Agenda item number 1 separately. 
Council Member Lizarraga motioned to approve accounts payable check series 30887 – 30966 excluding check number 30906 to The Holt Group.  NO SECOND.

Mayor Foster states Council will address items 2 & 3 and return to the accounts payable after those are done.

Council Member Winslow motions to approve Consent Agenda items number 2 & 3; minutes of regular meeting of October 12, 2010 and minutes of special meeting of October 14, 2010.  Motion seconded by Council Member Lizarraga.  Mayor Foster calls for the vote.  Vote – 7 in favor.  MOTION CARRIED.

Council Member Lizarraga motioned to approve accounts payable check series 30887 – 30966 excluding check number 30906 to The Holt Group.  Motion seconded by Council Member Lukkasson.  Mayor Foster calls for the vote.  Vote – 7 in favor.  MOTION CARRIED.  Council Member Lizarraga states that he will not pay The Holt Group $33,000 for work that is not completed.

NEW BUSINESS:  
102610 – 1.  Discussion and possible approval to collaborate with Alfonzo Castro of Elite Sports and Promotions to allow use of town park facilities for tournaments and other events.

Tracey Richardson, Recreation Director, states that Mr. Castro was not able to make it to the meeting tonight due to a family emergency.  Ms. Richardson explains she does not have specific details at this time.  Brief discussion regarding this issue and Council agrees they would like more information on this issue.  Council Member Kelley motioned to table this item until Council gets more information and when Mr. Castro can be here to give Council an update of what he actually has in mind and to direct staff to research on what liabilities would be involved with the Town doing things like this in the park.  Motion seconded by Council Member Lizarraga.  Mayor Foster calls for the vote.  Vote – 7 in favor.  ITEM TABLED.

102610 – 2.  Discussion and possible approval of Ordinance No. 10-17; amending Town of Quartzsite Town Code Chapter 6 – Animals.

Police Chief Gilbert presents this item to Council.  Council Member Winslow motioned to approve item number 102610 – 2; discussion and possible approval of Ordinance No. 10-17; amending Town of Quartzsite Town Code Chapter 6 – Animals.  Council Member Winslow clarifies his motion is to approve this item.  Motion seconded by Council Member Anderson.  Open discussion regarding this ordinance being specifically about predatory animals and different they different types of animals.  Discussion regarding the penalties and fines.   Ms. Jennifer Harris gives Council a handout.  Mayor Foster calls for the vote.  Vote – 7 in favor.  MOTION CARRIED

102610 – 3.  Discussion and possible action to chose a bulk water meter system.

Council Member Lizarraga motioned to approve the Municipal Utility Administrative Committee’s recommendation to purchase the mini general water system contingent on warranty information.  Motion seconded by Council Member Winslow.  Discussion regarding the warranty of the mini general meter system.  Discussion regarding how the metering system works.  Mayor Foster calls for the vote.  Vote – 7 in favor.  MOTION CARRIED.

102610 – 4.  Discussion and possible revision of BLM project list of priorities.

Town Manager Taft states the BLM project list of priorities was made by Council two years ago.  Since that time some activity has occurred and the priorities now need to be updated.  The Cemetery was low on the priority list, but now it is running out of space and needs to be expanded.  Town Manager Taft would like the list of priorities be revisited and updated.  Council Member Lizarraga motioned to direct staff to revisit BLM project list of priorities and bring back to Council.  Motion seconded by Council Member Lukkasson.  Council Member Lizarraga states he would like to see in the list land for an airport.  Mayor Foster calls for the vote.  Vote – 7 in favor.  MOTION CARRIED.

102610 – 5.  Discussion and possible appointment of Michelle Norris and Steve Frakes to the Public Safety Retirement Services Board.

Council Member Kelley motioned to appoint Michelle Norris and Steve Frakes to the Public Safety Retirement Services Board.  Motion seconded by Council Member Anderson.  Mayor Foster calls for the vote.  Vote – 7 in favor.  MOTION CARRIED. 

102610 – 6.  Discussion and possible approval of Ordinance No. 10-18; amending the Town Code Chapter 2 – Mayor and Council, Section 2-4-6 – Order of Business.

Council Member Lukkasson motioned to approve Ordinance No. 10-18; amending the Town Code Chapter 2 – Mayor and Council, Section 2-4-6 – Order of Business.  Motion seconded by Council Member Kelley.  Ms. Jennifer Harris, resident, comments regarding her research on this item.  Council Member Winslow calls for Point of Order.  Ms. Harris suggests observing a Moment of Silence instead of the Invocation.  Mayor Foster states this is another attempt of this Council to deprive the Mayor of the authority of the Council Meeting and if this item passes he has no intention of letting the Council dictate who gets to do the invocation.  Mayor Foster states that it is the Mayor’s prerogative to do that and will continue to do that. Mayor Foster states should this become an issue it will go to court.  Discussion regarding the Invocation portion of the agenda.  Mayor Foster calls for the vote.  Vote – 6 in favor, 1 opposed (Mayor Foster).  MOTION CARRIED.

102610 – 7.  Discussion and possible approval of Ordinance No. 10-19; revising Quartzsite Town Council Procedure Policy, Section VII – Citizens’ Rights.

Council Member Lukkasson motioned to approve Ordinance No. 10-19; revising Quartzsite Town Council Procedure Policy, Section VII – Citizens’ Rights.  Motion seconded by Council Member Winslow.  Ms. Jennifer Harris gives Council a handout.  Ms. Harris comments regarding executive privilege.   Ms. Harris reads aloud from her handout material.

Council Member Kelley exits his Council seat.

Council Member Winslow calls Point of Order.

Ms. Harris continues to read her statement.

Council Member Winslow calls for the Question.

Town Attorney Walsma advises the Mayor that there has been a call for the Question.

Mayor Foster reads aloud case law regarding free speech.

Council Member Kelley returns to his seat.

Mr. Doug Gilford comments regarding agenda material being available for public review.

Council discusses this agenda item and issue of free speech.

Mayor Foster calls for a roll call vote.  Mayor Foster-nay, Vice Mayor Cowell-aye, Council Members Anderson-aye, Kelley-aye, Lizarraga-aye, Lukkasson-aye and Winslow-aye.  6 in favor, 1 opposed (Mayor Foster).  MOTION CARRIED.

102610 – 8.  Discussion and possible approval of Ordinance No. 10-20; replacing Chapter 8 of the Quartzsite Town Code titled Business Regulations, excluding Article 8-3 established by Ordinance No. 01-01, with Town of Quartzsite Business Regulations and declaring it a public record.

Council Member Kelley motioned to approve Ordinance No. 10-20; replacing Chapter 8 of the Quartzsite Town Code titled Business Regulations, excluding Article 8-3 established by Ordinance No. 01-01, with Town of Quartzsite Business Regulations and declaring it a public record.  Motion seconded by Council Member Lukkasson.  Town Clerk Karen Norris asks Town Attorney Walsma to advise that this item is still ok for approval due to the change in wording on the title of actual ordinance.  Town Attorney Walsma states yes, this item can move forward for approval.  Town Clerk Karen Norris states the material in the Council packets is correct; the wording just does not match the wording on the agenda.  Council Member Kelley and Council Member Lukkasson withdraw the motion and second.  Council Member Lizarraga motioned to approve Ordinance No. 10-20; replacing Chapter 8 of the Quartzsite Town Code entitled “Business Regulations” with Town Business Regulations and declaring it a public record.  Motion seconded by Council Member Lukkasson.  Council Member Lizarraga states this item has been a long time coming and a lot of work for the staff, it’s a good job and thanks staff.  Ms. Jennifer Harris comments regarding “due process”, and revoking permits without “due process”.  Town Attorney Walsma comments regarding “due process”.  Mr. Richard Oldham comments regarding “due process”.   Open discussion regarding “due process” and the work sessions held regarding this specific item.

Ms. Rain Shanana Goldenbear comments that this item was posted on the internet and she read it and was glad to see the Special Event permit in the ordinance.

Brief discussion regarding the work sessions held for this issue.  The work sessions were open to the public.

Chief Gilbert comments the Town has to have rules and regulations in place as a tool for the Town should a problem arise. 

Mayor Foster calls for a roll call vote.  Mayor Foster-nay, Vice Mayor-aye, Council Members Anderson-aye, Kelley-aye, Lizarraga-aye, Lukkasson-aye and Winslow-aye.  6 in favor, 1 opposed (Mayor Foster).  MOTION CARRIED.

 

COMMUNICATIONS/PETITIONS & CITIZEN COMMENTS: (call to the public)
Mayor Foster states again that there will be no call to the public at this meeting.

Town Attorney Walsma states she would be glad to advise the Mayor if there is a violation of the Open Meeting law.

ADJOURNMENT:
8:21 p.m.

CERTIFICATION:
            I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting of the Town Council of Quartzsite, Arizona, held on the 26th day of October 2010.
            I further certify that the meeting was duly called and held and that a quorum was present.
            DATED this 9th day of November 2010.

 

                                                                        ___________________________________
                                                                        Karen Norris, Town Clerk

 

APPROVED:

 

__________________________________
Ed Foster, Mayor

 

 

 

 

 

 

 

 

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