Regular Session
April 1, 2009

CALL TO ORDER - 6:00 p.m.


Paul Loomis, Mayor
K.C. Carter, Vice Mayor
Paula Abbott, Council Member
Bill Garner, Council Member
Barry Gillaspie, Council Member
Al Kunisch, Council Member
Salette Latas, Council Member

Council Member Garner attended the meeting via telephone.
Council Member Gillaspie arrived at 6:07 p.m.


Mayor Loomis led the audience in the Pledge of Allegiance.


Town Manager David Andrews reviewed the upcoming meetings and events.


Council Member Latas reported that she attended an all day Sustainability Workshop sponsored by Pro Neighborhoods.  She also said that there were grants available in the amount of $5,000 for neighborhood group projects through this organization.

Mayor Loomis read a proclamation regarding the Town’s 35th anniversary on April 17th and naming the month of April as Community Heritage Month.  


Communications Director Mary Davis reviewed the upcoming events for the Town’s 35th Anniversary celebration.



There being no objections, Mayor Loomis moved the Pause for Paws presentation before the Call to Audience. 


Lane Davidson from Foundation for Animals in Risk (FAIR) introduced Mannix, a 12-week old puppy who would be available soon for adoption.  She also stated that they are in need of foster families for puppies and kittens. 


John Musolf, Oro Valley resident, addressed the Town's Budget and stated that in keeping with 2.3 officers per 1,000 residents, the Town should have 99 sworn officers for its 43,600 residents but it currently has 102 officers plus 40 people in administration.  He felt that this needed a little more scrutiny.  He also requested more detail for contract services as shown in the Town's budget.

Ben Baker, Oro Valley resident, stated that the Town has had the same problems over the last 20 years.  He stated that the Town needs money but it has always been a town with no taxes.  He commented that times have changed and the Town needs to look at additional funding options. 

Chris Palic, non-Town resident, Oro Valley Police Officers Association (OVPOA) spokesperson,  addressed comments made at a previous Council meeting.  He then encouraged Council to listen to the citizens who have spoken in opposition to the proposed police department layoffs.  He stated that the Town’s police officers take pride in helping make Oro Valley a "community of excellence". 

Jeff Moore, Oro Valley resident, stated that he moved to Oro Valley because of its safety record and its schools.  He expressed his concern about possibly losing police officers.

Kevin Mattox, non-Town resident, Fraternal Order Of Police (FOP) Vice President, stated that the FOP supports the Town’s police officers and employees.  He commented that the Town’s contingency fund is higher than required and also addressed the Municipal Operations Center (MOC) which is budgeted for over $5 million.  He asked that the Council support people and not bricks and mortar.

Debbie Emans, Oro Valley resident, and Chair for Project Graduation at CDO High School thanked the Council for their past support.  She also expressed concern about the possibility of getting rid of police officers and the impact to the Town’s kids. 

Richard Tracey, Oro Valley resident, stated that he realized that there are people on the Oro Valley staff that may not be necessary to the functions of the Town.  He stated that the Council could possibly let go of other staff and maintain the police officers.  He commented that the situation is tough all over and suggested that the Council hold a public meeting where citizens could vent and have an exchange with the Council.

Barbara Gephart, Oro Valley resident, Chair for Project Graduation at Ironwood Ridge High School, thanked the Council for their continued support.  She commented that she supports the police department and stated that it is about the safety of the community and keeping drugs out of schools and off streets.

Richard DeBernardis, non-Town resident, requested continued support of the El Tour de Tucson bike race.  He also introduced two top finishers of last year’s El Tour race who requested continued support from the Town and the Town’s police officers.



At the request of Council, Mayor Loomis pulled Items I and J from the Consent Agenda for discussion.

MOTION: A motion was made by Council Member Garner and seconded by Council Member Kunisch to approve the Consent Agenda with the exception of Items I and J.

MOTION carried, 7-0.


Minutes - 2-18-09; **2-25-09; 3-4-09

Item A


Building Safety Activity Report - February 2009

Item B


Coyote Run Transit Monthly Report - February 2009

Item C


Police Report - February 2009

Item D


Report on Meter Reader Supervisor and Meter Replacement Program

Item E


Mayor & Council Trip Reports - March 2009

Item F


Resolution No. (R)09 - 17 Authorizing and approving an intergovernmental agreement between the Regional Transportation Authority of Pima County and Town of Oro Valley for provision of circulator bus service

Item G


Resolution No.(R) 09 - 18 Approving a temporary construction and permanent slope easement between the Town of Oro Valley and Evergreen-Steam Pump, L.L.C. to acquire access to a portion of the property known as Pima County Tax Parcel No. 220-08-4620 for the construction of the Cañada Del Oro Wash Pedestrian Bridge which is being constructed as a part of the Arizona Department of Transportation’s State Route 77 (Oracle Road) expansion project

Item H


Resolution No. (R)09 - 19 Approving a Memorandum of Understanding between Public Safety Employees and the Town of Oro Valley pursuant to Chapter 4, Section 4-1-8 of the Town Code, Public Safety Employee relations and processes effective July 1, 2009 to June 30, 2010 (PULLED FOR DISCUSSION)

Item I

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Garner to continue Resolution (R)09-19 until the Council has a clear picture of the budget and then bring the item back in May or June.

Discussion followed regarding: the MOU could be amended in the future; other agreements that might include reductions in pay; MOU deals with terms of payment and member benefits; and it might be better to continue consideration of the MOU until the MOU is in a form that the Council wishes to adopt.

MOTION carried, 5-2 with Council Member Gillaspie and Council Member Kunisch opposed.


Resolution No. (R)09 - 20 Authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and Golder Ranch Fire District for the provision of Fire Marshal Services (PULLED FOR DISCUSSION)

Item J

Mayor Loomis opened the floor for public comment.

Chief John Fink, Golder Ranch Fire District, non-Town resident, stated that the Golder Ranch Fire Board has looked at the Town’s financial situation and they have agreed to let the Intergovernmental Agreement (IGA) move forward with no cost to the Town for the Fire Marshall services (saving the Town $50,000).  He stated that they hoped that the savings could be used to reduce potential layoffs of Town employees. 

MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Abbott to approve Resolution (R)09-20.

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Gillaspie to amend the original motion to include the direction that the Town use the savings of $50,000 to reduce potential layoffs of Town employees.

Discussion followed regarding:
 ~ Good faith agreement with the Golder Ranch Fire District Board - they offered to provide fire marshal services to the Town at no cost. 
 ~ Since 1999, the charge for fire marshal services has always been $50,000 per year.
 ~ Golder Ranch Fire District does not charge anything extra for use of their truck, etc. for the Fire Marshal.
 ~ Council thanked Chief Fink and the Fire District Board for their offer.
 ~ Feel earmarking $50,000 for personnel is premature at this time.  Need the opportunity to look at the entire budget with respect to programs, issues, etc.

MOTION carried, 4-3 with Mayor Loomis, Vice Mayor Carter, and Council Member Latas opposed.

MOTION carried, 7-0.


OV5-07-10 Approval of public art component "C" for the Wingate Inn Hotel, located within the Steam Pump Village development at the intersection of Oracle Road and Hanley Boulevard

Item K


OV12-05-03B Approval of a development plan for the Homewood Suites Hotel and retail/restaurant buildings, located within the El Corredor development in proximity to the northeast corner of Oracle Road and Linda Vista Blvd.

Item L



Item 2

Town Attorney Tobin Rosin reported that the Mountain Vista Fire District (MVFD) has requested that the Town Council allow them to annex areas within the Town south of Hardy Road in order to provide fire services.  He explained that currently a Town ordinance authorizes Golder Ranch Fire District (GRFD) to annex throughout the entire town.  However, the Board of Directors of GRFD has voted to not object to annexation of the areas in Oro Valley located south of Hardy and to allow MVFD to annex these areas. 

Mike Treece, Board Chairman of the Mountain Vista Fire District, stated that a large number of Oro Valley residents have requested annexation by MVFD of the area from Hardy Road to the Town’s southern limits.  He also stated that the Mountain Vista Fire District and Golder Ranch Fire District Boards have approved annexation.  Mr. Treece then presented an overview and history of the MVFD and commented on response times and current and future fire stations.  He also explained that they meet all of the Town’s Fire Service Provider Performance Criteria.

Phil Richardson, Oro Valley resident, stated that he collected 529 signatures on petitions requesting annexation into the Mountain Vista Fire District.

In response to a question from Council Member Abbott, Town Engineer Craig Civalier stated that the Department of Public Works would work with Mountain Vista Fire Department to get them on the Opticom transmitter system.

Mayor Loomis opened the public hearing.

Kelly McCoy, Oro Valley resident, commented that he was willing to pay a little bit more for the value that he felt was offered by the Golder Ranch Fire District.  He questioned whether Mountain Vista Fire District was adequately equipped and stated that he felt that Golder Ranch would provide a better quality service.  He asked that Council take a close look at this proposal and stated that he hoped that the Council would keep Golder Ranch Fire District as the sole provider of emergency and fire services in the Town.

John Fink, non-Town resident, Fire Chief of Golder Ranch Fire District, stated that Mr. Treece went before the Golder Ranch Fire Board and the Board does not oppose the annexation.  He further explained that it was never intended that Golder Ranch would serve the area south of Magee Road out of the Linda Vista fire station.  He explained that it has always been the plan to build another station to serve this area and to meet required response times. 

Mayor Loomis closed the public hearing.

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Garner to approve Ordinance (O)09-04 authorizing the Mountain Vista Fire District to annex areas within the Town of Oro Valley located south of Hardy Road and as defined by the Mountain Vista Fire District with the friendly amendment (as requested by Council Member Gillaspie) to include the boundaries as per the legal description and map as provided by the Mountain Vista Fire District.

Council Member Abbott thanked the service providers and stated that she would support the motion out of respect of the peoples’ right to control their own destiny.

Mayor Loomis stated that he was concerned as there was a lot of work done in previous years regarding fire and emergency services in the Town.  He stated that it was a very divisive issue but the conclusion of the work was that there should be a single fire provider in the town.  He commented that the Town has not gotten any feedback as to what the possible impact would be if we have multiple providers. 

Council Member Kunisch stated that he would not support the motion as he felt that this would be a step backwards. 

Council Member Garner stated that based on the work of the former Fire Advisory Board and Fire Advisory Council, staff had recommended that the Town should have only one service provider by providing our own Town fire department.  He further stated that Oro Valley is currently the only southern Arizona community that has fire service standards that must be met based on the National Fire Standards.  He commented that residents have up to a year to decide and the Town should allow the people to have a voice in this decision. 

Further discussion followed regarding:
 ~ Continuing the item to get the Town’s position with respect to a single service provider and/or a Town run fire department.
 ~ Original Fire Report was accepted by the Council but not adopted.
 ~ June 2004 direction was given to form a Fire Services Committee and to have active participation from Golder Ranch, Rural Metro and Tucson Fire. 
  ~ Fire standards were adopted but there was not an adoption of a single fire services provider.
 ~  Fast approaching the need to go to a Town run fire department or to have a sole source provider.
 ~ Town has been proactive by providing fire performance standards.
 ~ State statutes have provisions for transferring responsibilities from fire districts to towns if the town should desire to have its own fire department.
 ~ Possible to transfer annexed areas from one fire district to another.  Process would be approved by the Fire Boards.
 ~ Possibly conduct a cost benefit analysis to see what would be in the best interest of the Town. 
 ~ May be time to look at the work done in the past and consider one or two fire service providers.

MOTION carried, 6-1 with Council Member Kunisch opposed.

Mayor Loomis recessed the meeting at 7:52 p.m.  The meeting resumed at 8:00 p.m.



Item 3

Town Manager David Andrews reported that due to the failed bond election for the Naranja Town Site (NTS), the Town Council discussed options for the site at the February 25th Study Session.  He reported that some of the options discussed included holding public hearings and forums, conducting a needs assessment and/or the creation of a Blue Ribbon Task Force.

Mayor Loomis opened the floor for public comment.

Al Cook, Oro Valley resident, commented that he felt that creating a Blue Ribbon Committee and conducting a survey were both essential.  He stated that the survey was important as most of deliberations on the park took place in 1999 and 2003 and the population has since changed.  He also stated that there was time to take this back to the voters.  However, he recommended that the Council have the Town Manager look into another survey and the time necessary and the costs required to conduct a survey since the Town is going through its next year’s budget items.

Bill Adler, Oro Valley resident, commented that he did not think that there was any urgency to get information from the public as the item was defeated by the voters.  He also commented that the Town Council was the Blue Ribbon Committee as they are familiar with the costs, the master plan, etc.  He said that he didn’t think that the Town staff should spend time on getting a new committee up to speed and that the staff needed to be focused on generating revenue for the budget.  He also suggested that the Council think about leasing a portion of the Naranja Town Site to a firm that would construct a solar farm so that they could generate energy that could be used to run the Town at a discounted rate. 

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Latas to forward consideration of options for the Naranja Town Site to the Parks and Recreation Advisory Board (PRAB) and have them bring back their recommendations to the Town Council for consideration.

Discussion followed regarding:
~ Master plan is not set in stone.
~ Look at sustainable alternatives and possible revenue streams.
~ Have PRAB look at options and at needs assessment and then bring back to Council the first quarter of next year.  Look at needs verses wants.
~ Use the established Town’s Boards/Commissions who already have the expertise vs. staff time. 
~ Table this and wait for a year or two until the recession ends. 
~ The Naranja Town Site is currently a park with trails and benches.  There is no money at this time for anything else.
~ Sit on this for a while and get more information. 
~ People don’t know why bond measure failed; we just have assumptions.
~ Concern about doing survey at this time.  Don’t bring back until we know that the public is ready to support it as there are costs associated with conducting a survey and holding an election.  
~ Need to provide direction to PRAB. 
~ Primary objective is to hear from public so we should hold public hearings and forums.  Survey would be helpful.  Survey would be a driver to get the public’s thoughts. 
~ PRAB would have inherent interest in parks.  Need to go to the public to see where their support is.
~ National standards show that Oro Valley is "under parked" and would still be even if the Naranja Town Site was built as proposed in the Master Plan.  Do a needs assessment to determine how many parks are needed. 
~ Recommend tabling item for six months and then come back and revisit and see where we are and what the Town’s financial situation is.

MOTION failed, 2-5 with Mayor Loomis, Vice Mayor Carter, Council Member Garner, Council Member Gillaspie, and Council Member Kunisch opposed.

MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Gillaspie to table this item for six months and bring back to a Study Session for Council review.

Council Member Abbott stated that she would not support the motion as she would like to get public input and the sooner the better as the economy may turn around sooner than expected. 

Council Member Gillaspie commented that there is nothing that would preclude the Council from conducting public forums.

MOTION carried, 6-1 with Council Member Abbott opposed.



Council Member Latas - Have Judith Anderson from Pro Neighborhoods do a presentation at a Council meeting regarding their services.  Seconded by Council Member Abbott.

Council Member Gillaspie ~ Direction to Planning staff to bring forward an item regarding clarification of C-N and C-1 zoning districts that allows the Council to provide a motion for direction (place on April 15th meeting agenda).  Seconded by Council Member Abbott. 

CALL TO AUDIENCE - No speakes.


MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 8:36 p.m.

MOTION carried, 7-0.