MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
August 6, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 7:00 PM

CALL TO ORDER - at 7:00 p.m. 

ROLL CALL

Vice Mayor Kunisch participated by telephone.

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

PLEDGE OF ALLEGIANCE

UPCOMING MEETING ANNOUNCEMENTS - TOWN MANAGER

Town Manager David Andrews reviewed the upcoming meeting announcements.

COUNCIL REPORTS - No reports

DEPARTMENT REPORTS - No reports 

TOWN MANAGER’S REPORT - No report

ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING

CALL TO AUDIENCE - No speakers.

PRESENTATIONS

Mayor Loomis recognized Procurement Administrator Brian Garrity for his accomplishments during his first year with the Town.  He presented him with the 2008 Award for Excellence in Procurement, noting that he was the only single-person department recipient nationwide.

Mayor Loomis recognized Mary Rallis, Accounting Supervisor, and Linda Ragsdale, Senior Accountant, for receiving the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting.

1.

CONSENT AGENDA


MOTION: A motion was made by Council Member Carter and seconded by Council Member Latas to approve the Consent agenda less items C, E, F, H, M and N.

MOTION carried, 7-0.

A.

Minutes - 07/02/08; 07/09/08


B.

Building Safety Activity Report - June 2008


C.

Coyote Run Monthly Report - June 2008


Council Member Gillaspie questioned the 300% increase in passengers utilizing Coyote Run from July 2007 to July 2008. He noted that the Year-to-Date expenses in May 2007 were $24,000 and in June 2008 the amount was $536,000.

Acting Town Engineer Phil Trenary noted that transit costs and ridership had increased everywhere due to the surge in fuel costs. He stated that Transit Administrator Aimee Ramsey would be better suited to address the details of the report.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to approve the Coyote Run Monthly Report for June 2008.

MOTION carried, 7-0.

D.

Police Monthly Report - June 2008


E.

Public Safety Fire and Emergency Medical Service Providers Quarterly Report from Golder Ranch Fire District and Rural/Metro Fire Department


MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to continue Item E to the September 3, 2008 Town Council Regular Session.

MOTION carried, 7-0.

F.

Resolution No. (R)08-57 Authorizing and approving financial participation agreements between the Town of Oro Valley and John Bingham Racing, LLC (Arizona Distance Classic), Arizona Chapter, Paralyzed Veterans of America, Inc., Community Food Bank, Perimeter Bicycling Association, Oro Valley Community Foundation, Oro Valley Historical Society, Project Graduation, Santa Cruz Valley Heritage Alliance, Tucson Regional Economic Opportunities, Inc. (TREO), Greater Oro Valley Arts Council (GOVAC) and Pima Council on Aging.


MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to approve as shown Resolution No. (R)08-57 authorizing and approving Financial Participation Agreements between the Town of Oro Valley and John Bingham Racing, LLC (Arizona Distance Classic), Arizona Chapter, Paralyzed Veterans of America, Inc., Community Food Bank, Perimeter Bicycling Association, Oro Valley Community Foundation, Oro Valley Historical Society, Project Graduation, Santa Cruz Valley Heritage Alliance, Tucson Regional Economic Opportunities, Inc. (TREO), Greater Oro Valley Arts Council (GOVAC) and Pima Council on Aging.

Council Member Gillaspie stated that he wanted to publicly discuss the GOVAC contract.

Town Manager David Andrews updated Council regarding the email from GOVAC that raised three issues: 
~Requested program modifications to redistribute funding from certain programs to others.
  *Total funding would not change only the amounts allocated to previously approved programs.
~Requested clarification of fees, permits and in-kind services.
  *Town would waive fees and permits that are ordinarily charged.
  *GOVAC would need to pay for in-kind services in excess of $15,000.
  *Miscellaneous costs would be paid for by GOVAC.

Mr. Andrews explained to Council that GOVAC has requested that the Town prepay for programs. He noted the following payment options:
~Pay for services once they are rendered which is currently in the contract.
~Pay in advance.
~Have GOVAC request advanced funding on a case by case basis and review GOVAC’S cash reserves and determine when to make payment.

Executive Director of GOVAC, Kate Marquez came forward to discuss the changes that have been made to their financial procedures. She noted the following:
~All of GOVAC’s bills have been paid to current for the first time in seven years.
~Strict rules regarding funds have been adopted by the board
~Funds are now, set aside for events.
~Established a good rapport with vendors.
~Submitting invoices to the Town two weeks prior to events would be plausible.
~A Certified Public Accountant has been contracted to conduct quarterly reviews.
  *The timely use of funds will be noted in these reports.

AMENDMENT TO MOTION:  A motion was made by Mayor Loomis and seconded by Vice Mayor Kunisch to amend the motion to exclude the GOVAC contract in order to consider pre-payments and auditing separately. 

MOTION failed, 3-4 with Council Member Abbott, Council Member Carter, Council Member Garner, and Council Member Latas opposed.

MOTION carried, 4-3 with Mayor Loomis, Vice Mayor Kunisch, and Council Member Gillaspie opposed.

G.

Resolution No. (R)08-58 Declaring proposed Chapter 15, Section 15-24-14 of the Oro Valley Town Code entitled "Stormwater Management and Discharge Control" and filed with the Town Clerk, a public record


H.

Resolution No. (R)08-59 Approving the over-hire of two (2) police officers to replace two police officer positions being temporarily vacated or permanently vacated through retirement


Council Member Garner questioned the proposal due to the current economy. Chief Sharp stated that the intent was maintain a fully staffed department. He noted that Officer Schuh has been deployed to Afghanistan for 400 days and Officer Wilson will be retiring. He informed Council that their replacements would come from the academy. He noted that the most conservative numbers were used.

MOTION: A motion was made by Council Member Garner and seconded by Vice Mayor Kunisch to approve Item H.

MOTION carried, 7-0.

I.

Resolution No. (R)08-60 Declaring as a public record that document known as the "2008 Town of Oro Valley Pool and Spa Code"


J.

Resolution No. (R)08-61 Approving a Line Extension Agreement for construction of Protected Water Facilities under private contract between the Town of Oro Valley and Emil Martinez and Jason M. Rulney for the Naranja Ranch Estates Offsite 12" E Zone Water Extension


K.

Resolution No. (R)08-62 Approving a Line Extension Agreement for construction of Protected Water Facilities under private contract between the Town of Oro Valley and Emil Martinez and Jason M. Rulney for the Naranja Ranch Estates Onsite Lots 1-11 Water Extension


L.

OV5-08-04 Approval of public art for the Innovation Corporate Center development, located on the northeast corner of Innovation Park Drive and Vistoso Park Drive in Rancho Vistoso Neighborhood 2.


M.

OV12-07-01 Approval of a revised landscape plan for "Innovation Commerce Campus", located at the northeast corner of Rancho Vistoso Boulevard and Vistoso Commerce Loop


MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Carter to approve the landscape plan as presented and to direct Town staff to investigate acquiring an easement in the triangular area to the northwest of the parking lot; it’s east of the development; for the purpose of using it to plant screening for the neighboring properties. If the Town is able to acquire the adjoining property, the applicant, Kim Acorn, would be responsible for maintaining the landscaping.

Applicant Kim Acorn, of Acorn & Associates, acknowledged that he would provide the landscaping and maintain it.

MOTION carried, 7-0.

N.

Appointment of Suzanne L. Novelli to the Oro Valley Water Utility Commission with term effective from August 6, 2008 through June 30, 2009


Council Member Abbott requested clarification regarding where the funding is derived from, to pay for the Citizens Planning Institute class for commissioners. Discussion determined the following:
~Fees for the classes are low.
~Fees are waived for board members.
~The Water Utility Commission would pay the fee for Ms. Novelli to complete the course.

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Gillaspie to approve Item N.

MOTION carried, 7-0.

2.

RESOLUTION NO. (R)08-63 ENDORSING THE SONORAN DESERT CONSERVATION PLAN. THE MAYOR AND COUNCIL WILL REVIEW AND CONSIDER FOR ADOPTION THE PIMA COUNTY SONORAN DESERT CONSERVATION PLAN (SDCP) AS APPLICABLE TO THE TOWN OF ORO VALLEY AND PROVIDE STAFF DIRECTION REGARDING IMPLEMENTATION OF THE SDCP THROUGH THE CONSERVATION LAND SYSTEM (CLS)


Discussion ensued regarding:
~Proceeding with the Environmentally Sensitive Lands Ordinance.
~Reviewing zoning ordinances
~The importance of habitat and biological corridors.
~Adequate staffing
  *Hiring a consultant by the fall.
~Policy language

Mayor Loomis opened the floor for public comment.

Oro Valley resident Sandra Hoy-Johnson stated her support for the Sonoran Desert Conservation Plan.

Carolyn Campbell of the Coalition for Sonoran Desert Protection declared her support for this item. She urged Council to adopt all of the plan amendments.  

Oro Valley resident Fran LaSala expressed his opposition to the adoption of the Pima County plan. He urged Council to exercise its autonomy and compose its own Sonoran Desert Conservation Plan.

Pima County Supervisor Ann Day stated her support for the adoption of the SDCP. She noted that the plan was a regional solution and has become national model.

State Representative Nancy Young-Wright noted that the SDCP has received national attention as a groundbreaking plan. She expressed her support for this item. 

MOTION: A motion was made by Council Member Latas and seconded by Council Member Gillaspie to approve Resolution No. (R)08-63 endorsing the Sonoran Desert Conservation Plan. Further the Town Council directs Staff to work on items 2-4:
     2) Direct Staff to include the CLS as a Special Area policy in the Arroyo Grande plan 
         amendment.
     3) Direct Staff to initiate a major plan amendment next cycle (Spring 2009), to adopt
         the CLS into the Town's General Plan and reconcile differences between General
         Plan's existing environmental policies and the CLS.
     4) Direct Staff to review other implementation tools that the County is using to
         implement SDCP through the comprehensive plan policies and other means, and
         report back to the Council with recommendations;
which will have the effect of implementing the Sonoran Desert Comprehensive Plan within the Town.

Vice Mayor Kunisch left the meeting prior to the vote.

MOTION carried, 6-0.

3.

FUTURE AGENDA ITEMS


Council Member Carter reminded the audience that the August 20, 2008 meeting had been cancelled.

Council Member Gillaspie requested an agenda item for the September 3, 2008 meeting. He stated that he would like to move forward with Council liaison assignments. Council Member Latas seconded the item.

Council Member Latas requested a specific item to consider administrative policies for the Public Art Review Committee (PARC). Mayor Loomis informed Council Member Latas that Staff was currently working on that item and would have it to Council as soon as possible. Council Member Latas stated that was satisfactory. 

CALL TO AUDIENCE - No speakers.

ADJOURNMENT

KC moved to adjourn 7-0

MOTION: A motion was made by Council Member Carter and seconded by Council Member Garner to adjourn the meeting at 8:42 p.m.

MOTION carried, 6-0.