PRESENT:
Chair Bob Baughman
Vice Chair Dan Zwiener
Commissioner Valerie Pullara
Commissioner Lois Nagy
Commissioner Sam McClung

Absent:  Commissioner Pat Spoerl

Also present: 
Council Member Salette Latas
Paul Popelka, Assistant Planning and Zoning Director
Scott Nelson, Special Projects Coordinator
Mary Davis, Communications Administrator
Diane Chapman, Senior Office Specialist

Regarding Steam Pump Ranch, Mr. Nelson said that the contractor completed stabilization work per the judgment of the structural engineer.  Total bill with additional repairs to Lieber house was $1600.  The contract for renovation of the pump house and Pusch house should be done by this time next year.  HPC can review the contract prior to the July meeting and if any issues arise they can be followed up on.  The budget is tight and each additional meeting with the consultant will cost more money.

MOTION:  Commissioner Nagy MOVED to approve the May 21, 2009, minutes as amended.  Vice Chair Zwiener seconded the motion.  Motion carried 5:0.

Commissioner Nagy nominated Dan Zwiener as Chair for HPC.  There were no other nominations. 
MOTION:  Commission Nagy MOVED that Vice Chair Zwiener be elected to Chair by acclamation.  Commissioner Pullara seconded the motion.  Motion carried 5:0.

Chair-elect Zwiener nominated Lois Nagy as Vice Chair for HPC.  There were no other nominations.
MOTION:  Chair-elect Zwiener MOVED that Commissioner Nagy be elected to Vice Chair by acclamation.  Commissioner Pullara seconded the motion.  Motion carried 5:0.  

A.	Status of Steam Pump Ranch designation and funding

Council Member Latas reported on the status of Steam Pump Ranch (SPR) designation and funding.  The first step is going to the State Historic Sites Review Committee, who will hold a special session on June 30.  Council Member Latas, Assistant Town Manager Jerene Watson, Assistant Planning and Zoning Director Paul Popelka, Chair-elect Zwiener, Chair Baughman and Consultant Drew Gorsky from Poster Frost will be attending that meeting, which will be a strong showing of support by those involved in the project.  After being listed on the National Register it goes to the Keeper in Washington, DC.  This will keep it moving in the Congressional Interior Appropriations Subcommittee to Save American’s Treasures.  Council Member Latas encouraged the HPC members to attend the Wednesday night Town Council budget meeting and thank Council for keeping money for building repairs.  She stressed the importance of preserving SPR.   

Mr. Nelson added that consultant Jeffrey Brooks early in ’02-’03 prepared a recommendation that SPR be listed under the National Registry.  Our current application is better. 

B.	Commission vacancy and appointment

Mr. Popelka reported that the only applicant that had applied for the HPC vacancy was interviewed this morning, but no decision was reached.

A.	Proposed Well Site for Oro Valley Water Utility

i.

Review and action on project concept plan  ii.  Architectural input for wall design Chair-elect Zwiener and Vice Chair-elect Nagy were appointed by Chair Baughman to review the architectural input for the wall design.  Mr. Nelson suggested approving the concept plan so the Water Utility can go forward.  The concept plan approval should list a few conditions to worked out prior to actual drilling:  1.  Final compensation, 2.  Salvaging of the doors in the barn, both interior and exterior.  3. Future infrastructure credits.

MOTION:  Chair Baughman MOVED to approve the proposed well site plan for Steam Pump Ranch depending upon final agreement between the Town represented by Mr. Nelson and the Water Utility over final reimbursement, salvaging the outside and interior barn doors, and infrastructure credits.  Commissioner McClung seconded the motion.

Chair-elect Zwiener suggested a friendly amendment to the motion adding the following conditions:  
1.  The final plans be returned to the Historic Preservation Commission for approval.
2.  The color and/or texture of the wall are consistent with historic structures on the site. 
3.  The "roofline" of the wall is modified to remove projections.
4.  The faux windows are modified to be consistent with structures on the site, with a minimum of three per elevation.
5.  There be a plan for removal of historic materials from the barn prior to its demolition. 

Chair Baughman and Commissioner McClung accepted the friendly amendment.

Motion carried, with the friendly amendment, 5:0.

A.	Cultural Resources Inventory

Chair Baughman combined the discussion and possible action on Cultural Resources inventory with item IX, discussion and possible action regarding Environmentally Sensitive Land (ESL).

Discussion followed regarding the definition of cultural resources.  A handout was distributed that had the following potential wording:  "A prehistoric and/or historic site or object which evidences activity of community interest."

Discussion points:
- "past" activity
- scientific interest
- ethnic significance
- basic definition

MOTION:  Chair-elect Zwiener MOVED to define Cultural Resource as "A prehistoric and/or historic site or object which evidences past activity of scientific or community interest."  Commissioner Pullara seconded the motion.  Motion carried 5:0.

The Commission went on to produce definitions for the following:
archaeological site, architectural site, community site and historic site.

Discussion points:
- use of dictionary definition
- location instead of site
- mitigation
- ESL ordinance
- Arroyo Grande (AG)
- jurisdiction and authority

Mr. Popelka said any Oro Valley ordinance does not apply to AG today, but we are planning the ESL ordinance not only for existing Town limits, but for any annexed areas in the future.  We have no jurisdiction in AG at this time. 

Mary Davis, Town of Oro Valley Communications Administrator and member of the project team for ESL, said whether this definition will have any authority over AG or not, the intent is it will cover the Planning Area which is adopted in the Town’s General Plan, which does include AG.  This will incorporate any existing inventory and resources within the Town as well as future planning area boundaries.  It will not be enforceable in the planning area until annexed.  The ordinance would apply after annexation.  The only body that can offer enforcement of the ordinance going forward is the Mayor and Council.  We can provide definitions and recommendation for what the Council will approve.

Chair Baughman would like to invite the Town Attorney to the next meeting so we can determine what ways this will affect AG now and in the future.

Ms. Davis said the ESL ordinance adoption is the second phase of a process that began in 1999 and carried through 2008.  ESL is not just about AG.  It is about the Town of Oro Valley and preservation efforts.  If and when AG becomes part of the Town it will also apply there.   It is for what exists today and what will exist tomorrow.

MOTION:  Chair-elect Zwiener MOVED to accept the definition of cultural resources (as defined in above motion) as a permanent definition.  Commissioner Pullara seconded the motion.  Motion carried 5:0.

Break 6:55 p.m. for 5 minutes.

Chair Baughman stated he objects to defining historic site.  

Mr. Popelka said in a zoning ordinance definitions are included for any item or word subject to interpretation.  A dictionary definition is not used. 

Commissioner McClung suggested producing the definitions and at next meeting ask for input from David Williams and the Town Attorney and let them decide whether they should be in the ordinance. 

Archaeological site: 
MOTION:  Chair-elect Zwiener MOVED to accept the following definition for archaeological site:  "A location of past human activity often consisting of artifacts, features and other material remains that may be subject to scientific methods for their recovery and analysis."  Chair Baughman seconded the motion. Motion carried 5:0.

Architectural site: 
MOTION:  Chair-elect Zwiener MOVED to accept the following definition for architectural site:  "A location or structure that has historic design or artistic value, or expresses a distinctive character."  Commissioner Pullara seconded the motion.  Motion carried 5:0.

Community Site: 
MOTION:  Chair-elect Zwiener MOVED to not define community site.  Commissioner McClung seconded the motion.  Motion carried 5:0.

Discussion: 
- Substitute either location or resource for site.

Chair-elect Zwiener suggested changing the definition for Historic Site to:  "A location, district, structure, object or evidence of human activities that represent facets of our identity as a nation, state, or locality." 

MOTION:  Chair-elect Zwiener MOVED to substitute the word "resource" as applied to archaeological and architectural as defined.  Commissioner Pullara seconded the motion.  Motion carried 5:0.

MOTION:  Chair-elect Zwiener MOVED to amend the definition of Archaeological Resource to:  A location or object associated with past human activity consisting of artifacts, features and other material remains that may be subject to scientific methods for their recovery and analysis.  Commissioner Nagy seconded the motion.  Motion carried 4:1, with Chair Baughman voting no as he felt the Commission was defeating their purpose.

Historic Site:
MOTION:  Chair Baughman MOVED that Historic Site be stricken from the list of definitions.  Motion died for lack of a second.

DIscussion point:
- ethnic significance

MOTION:  Chair-elect Zwiener MOVED to approve the following definition for Historic Site: A location, district, structure, object, or other evidence of human activities that represent facets of our identity as a nation, state, or locality.  Commissioner Nagy seconded the motion.  Motion carried 4:1, with Chair Baughman voting no.

Commissioner McClung suggested we have the ESL consultant define paleontological resources. 

Mr. Popelka will take that suggestion to the next ESL meeting with the consultant.

MOTION:  Chair-elect Zwiener MOVED the HPC ratify the definitions that have been discussed and request the addition of paleontological resources.  Commissioner Nagy seconded the motion.  Motion carried 4:1, with Chair Baughman voting no.

Mr. Popelka gave an update on the Request for Proposal (RFP).  They are working on a contract with William Self Associates that will be completed by Wednesday.  We should have an execute contract next week for Phase 1, which involves Archival Research, Historic Context narrative, and Initial Survey work.  He will share that information with Chair-elect Zwiener and Vice Chair-elect Nagy.  The consultant will be at the July 13 Commission meeting and will present preliminary results on the records search, with a full review at a subsequent meeting. 

B.	Budget schedule for FY 2010-2011

HPC will soon have to address a schedule of activities to develop a budget recommendation to take to Council for FY 2010-2011. 

This was addressed with item VIII above.

Vice Chair-elect Nagy, Commissioner McClung and Mr. Popelka will attend the Arizona Historic Preservation Annual Conference in Phoenix the end of this week.

None.

MOTION:  Chair-elect Zwiener MOVED to adjourn the Historic Preservation Commission meeting.  Vice Chair-elect Nagy seconded the motion.  Motion carried 5:0.