MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
December 1, 2010
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 5:00 PM

CALL TO ORDER - At 5:00 p.m. 

ROLL CALL

PRESENT:
Satish Hiremath, Mayor
Bill Garner, Vice Mayor
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Lou Waters, Councilmember
Steve Solomon, Councilmember

*EXECUTIVE SESSION AT OR AFTER 5:00 PM

Pursuant to ARS 38-431.03(A)(4) discussion or consultation with the Town Attorney in order to consider the Council’s position and instruct the Town Attorney regarding the Pima County Library Intergovernmental Agreement

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Waters to go into Executive Session at 5:02 p.m. pursuant to ARS 38-431.03(A)(4) discussion or consultation with the Town Attorney in order to consider the Council’s position and instruct the Town Attorney regarding the Pima County Library Intergovernmental Agreement (IGA).

MOTION carried, 5-0.
 
MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Waters to go out of Executive Session at 5:45 p.m. 

MOTION carried 7 - 0.

RESUME REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER - At 6:01 p.m.

ROLL CALL

PRESENT:
Satish Hiremath, Mayor
Bill Garner, Vice Mayor
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Lou Waters, Councilmember
Steve Solomon, Councilmember

PLEDGE OF ALLEGIANCE

Mayor Hiremath led the audience in the Pledge of Allegiance. 

UPCOMING MEETING ANNOUNCEMENTS 


Ms. Davis presented the upcoming Town meetings.

COUNCIL REPORTS

Councilmember Waters congratulated everyone for participating in the El Tour and thanked the Police Department for all of their hard work. 

DEPARTMENT REPORTS

Chief Sharp stated that last night, 30 participants graduated from the citizens academy.  Chief Sharp thanked Town Manager Jerene Watson and Suzanne Smith for all of their hard work. 

Communications Administrator Mary Davis announced that the Solar Parking Project will commence next week on Dec 15-30.  Parking will be limited.  More information is available on the Town’s website.

ORDER OF BUSINESS:

The order will stand as is.

INFORMATIONAL ITEMS

There were no informational items.

CALL TO AUDIENCE

Ms. Jackie Devery with the Oro Valley holiday parade committee gave an update on the status of the Holiday Parade and mentioned that the businesses in town are hurting, but they are very happy about the new Sign Code revisions.

Oro Valley resident Donald Bristow expressed concern regarding possible conflict of interest regarding the Sign Code and Development Review Board amendments.

Oro Valley resident Bill Adler commented on the recent strategic planning retreat held November 20, 2010 and asked who is charged with running the Town - Elected Officials or Manager? He felt that the Council and staff need to understand their roles and the Council-Manager form of government.

Oro Valley resident Richard Tracey thanked the Council for their service. He felt that the Council seems to be attacked on process and not on content. He suggested if rules need to change, then change them so they facilitate more efficient government. He expressed concerns about the Police Officers who did not receive step plan increases.

PRESENTATIONS

a.

PLAQUE OF APPRECIATION TO MARY CASWELL FOR HER SERVICE ON THE PLANNING AND ZONING COMMISSION FROM JULY 2009 TO OCTOBER 2010



Mayor Hiremath presented a plaque of appreciation to Mary Caswell for her service on the Planning and Zoning Commission from July 2009 to October 2010.

b.

  PRESENTATION BY TUCSON REGIONAL ECONOMIC OPPORTUNITIES, INC. VICE PRESIDENT OF REGIONAL DEVELOPMENT, MICHAEL S. GUYMON



Executive Vice President David Welsh pointed out an inbound media piece that highlighted Oro Valley on site selection and highlights the Roche project.  He then introduced Michael Guymon, the new Vice President of regional partners for TREO.  He stated that Mr. Guyman is well known in the commercial real estate circle and that he is thrilled to have him at TREO.

Michael Guymon thanked the Council for the opportunity to attend the recent Economic Development Summit and stated that he looked forward to working with the town and building on the synergy created by Oro Valley.

1.

CONSENT AGENDA


A.

       Coyote Run Monthly Report September 2010


Click here for item A

B.

       Coyote Run Monthly Report October 2010


Click here for item B

C.

       Fiscal Year 2010/11 Financial Update through October 2010


Click here for item C

D.

       Development & Infrastructure Services Department Permitting Division October 2010 Reports


Click here for item D

E.

       Resolution No. (R)10-83 Authorizing and Approving a Drainage and Maintenance Easement Between the Town of Oro Valley and In-N-Out Burger, Inc.


Click here for item E

F.

       Resolution No. (R)10-84  Authorizing and Approving a Subgrantee Agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to Fund Overtime and Mileage Under the Operation Stonegarden Program


Click here for item F

G.

       Resolution No. (R)10-85  Authorizing and Approving a Subgrantee Agreement Between the Town of Oro Valley and the Arizona Department of Homeland Security to Fund the Purchase of Binoculars and Thermal Imaging/Night Vision Equipment Under the Operation Stonegarden Program


Click here for item G

H.

       Resolution No. (R)10-86  Authorizing and Approving an Amendment to the Intergovernmental Agreement Between the Town of Oro Valley and the Pima County Regional Flood Control District Extending the IGA for the Lomas de Oro Wash Channelization Project and the Oro Valley Estates Drainage Improvement Project (Phase II) an Additional Year to December 31, 2011


Click here for item H

I.

       Resolution No. (R)10-87  Authorizing and Approving Drainage Easements Between the Town of Oro Valley and Nine Homeowners Along Lomas de Oro Wash for the Federal Emergency Management Agency (FEMA) Channel Drainage Improvement Project


Click here for item I

J.

       Amending the 2010 Town Council Liaison Assignments by adding Councilmember Mary Snider as an Alternate Liaison to the Parks & Recreation Advisory Board for Councilmember Barry Gillaspie


Click here for item J

K.

    ***ITEM K HAS BEEN REMOVED FROM THE AGENDA***


MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Waters to Approve MOTION carried 7 - 0.

2.

PRESENTATION AND TOWN COUNCIL ACCEPTANCE OF THE TOWN’S FINANCIAL AUDIT FOR FISCAL YEAR ENDED JUNE 30, 2010


Click here for item 2

Finance Director Stacey Lemos stated that Heinfeld, Meech and Company, P.C., CPA has completed the Town's annual audit.  No issues or concerns were raised during the audit.

Auditor Corey Avizu and Jim Rebinar reviewed the results of the Town’s comprehensive annual audit and highlighted the financial statements for the Town.  It was stated that no red flags were raised concerning the financial health of the Town.  It was pointed out that next year, the standards will slightly change regarding fund balance and pension reporting.

Discussion followed on how the Town Council can give input to the auditors before next year’s audit begins regarding the risk assessment process and the future unfunded liabilities with the Town’s participation in the State Retirement System or the Public Safety Retirement System known as long term unfunded liabilities.

Mr. Avizu stated that the Town’s General Fund balance of 40% is healthy based on the economic condition of the country.

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to Accept MOTION carried 7 - 0.

3.

PUBLIC HEARING DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR NOBLE HOPS GASTROPUB LOCATED AT 1335 W. LAMBERT LANE #101


Click here for item 3

Applicant Suzanne Kaiser stated that they are excited to come to Oro Valley and explained that Gastropub Restaurant is a new concept that is a gourmet Pub with great food and unique beer. Opening is scheduled for January 28, 2010.

Mayor Hiremath opened the public hearing. There being no comments, Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Waters and seconded by Councilmember Gillaspie recommend approval to the State of Arizona Liquor Board of the Series 12 restaurant liquor license for Noble Hops Gastropub located at 1335 W. Lambert Lane #101. MOTION carried 7 - 0.

4.

DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FOR AUTHORIZATION TO USE GENERAL FUND CONTINGENCY RESERVE FUNDS FOR CITIZEN SATISFACTION SURVEY


Click here for item 4

MOTION: A motion was made by and seconded by to

*5.        ITEM 5 HAS BEEN REMOVED FROM THE AGENDA

6.

RESOLUTION NO. (R)10-81 REPEALING TOWN OF ORO VALLEY PERSONNEL POLICY NUMBER 25, ADVISORY BOARD FOR ORO VALLEY EMPLOYEES (ABOVE), AND PERSONNEL POLICY NUMBER 27, ANNUAL EMPLOYEE FORUM, OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL REGARDING EMPLOYEE RELATIONS, REPLACING THESE WITH ADMINISTRATIVE DIRECTIVE 33 WHICH PROVIDES A FRAMEWORK FOR EXPANDED EMPLOYEE VOICE (CONTINUED FROM 11/17/10)


Human Resources Director Betty Dickens reviewed the proposed amendments recommended in Resolution No. (R)10-81.

MOTION: A motion was made by and seconded by to

7.

RESOLUTION NO. (R)10-88 AMENDING THE APPENDICES TO THE TOWN COUNCIL PARLIAMENTARY RULES AND PROCEDURES AND CODE OF CONDUCT TO UPDATE THE APPOINTMENT PROCESS AND TERM LIMIT PROVISIONS RELATING TO TOWN OF ORO VALLEY VOLUNTEERS


Assistant to the Town Manager Kevin Burke gave a brief overview of the proposed modernization of the town’s Boards and Commissions and amendments to the town’s Parliamentary Rules & Procedures.

MOTION: A motion was made by and seconded by to

A.

DISCUSSION AND POSSIBLE ACTION REGARDING THE FINANCE AND BOND COMMITTEE


Click here for item 7A

MOTION: A motion was made by Vice Mayor Garner and seconded by Councilmember Hornat dissolve the Finance & Bond Committee. MOTION carried 7 - 0.

B.

DISCUSSION AND POSSIBLE ACTION REGARDING THE PARKS AND RECREATION ADVISORY BOARD (PRAB)


Click here for item 7B

MOTION: A motion was made by and seconded by to

C.

DISCUSSION AND POSSIBLE ACTION REGARDING THE DEVELOPMENT REVIEW BOARD AND ART REVIEW COMMISSION


Click here for item 7C

Mayor Hiremath opened the floor for public comment.  The following members of the public commented on the proposed new Conceptual Design Review Board (CDRB):

Oro Valley resident Michael Schoeppach would have liked the Development Review Board to be consulted to help develop the new board.

Oro Valley resident Mike Zinkin stated that the concept was not a bad idea and asked that the new Board be kept as a resident board. 

David Godlewski, government liaison with the Southern Arizona Homebuilder’s Association stated the proposed changes is a step in the right direction.  The changes will streamline the development review process.  All voting members should have appropriate expertise in the discipline.

Oro Valley resident Bill Adler stated his objections to the proposed concept of the formation of the CDRB.   

MOTION: A motion was made by Councilmember Solomon and seconded by Councilmember Waters to create the Conceptual Design Review Board, with duties and composition as outlined in Attachment 3, with the modifications of increasing the voting members from five to seven, implementing staggard terms, re-evaluating and bringing back to Council the qualifications for those members and in conjunction with this change that new development standards and guidelines be brought forth to the Council, and direct staff to initiate revisions to the Town Code and Zoning Code to effect this result.  I further move to disband the operation of the Development Review Board and Art Review Commission and terminate the current members of each of these respective public bodies effective upon adoption of Town Code and Zoning Code revisions implementing the Conceptual Design Review Board with an amendment by Councilmember Gillaspie to mandate tht all members be residents of the Town of Oro Valley.

MOTION carried 7 - 0.

8.

FUTURE AGENDA ITEMS


No future agenda items were requested.

CALL TO AUDIENCE - No speakers.

ADJOURNMENT

MOTION: A motion was made by Vice Mayor Garner and seconded by Councilmember Waters adjourn at 9:20 p.m. MOTION carried 7 - 0.