MINUTES
ORO VALLEY TOWN COUNCIL
Regular Session
May 20, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER - 6:00 p.m.

ROLL CALL

PRESENT:
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

PLEDGE OF ALLEGIANCE

Mayor Loomis led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Town Manager David Andrews reviewed the upcoming meetings and events.

COUNCIL REPORTS

Council Member Abbott congratulated the Canyon del Oro (CDO) High School Academic Decathalon Team who placed fourth at Nationals with one of the CDO students obtaining the second highest score in the competition.  She announced that a documentary is being completed which will highlight the Academic Decathalon Team.   She also congratulated the graduating students from Ironwood Ridge High School and Canyon del Oro High School.

Mayor Loomis announced that Ironwood Ridge High School’s Project Graduation was very successful with 92% of their seniors participating.  He also reported that Canyon Del Oro High School would be holding their Project Graduation tonight.

DEPARTMENT REPORTS - No reports.

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

Mayor Loomis moved Pause for Paws up on the agenda before the Call to Audience.

Vice Mayor Carter asked that the public hearings be moved up before item 4.

PAUSE FOR PAWS

Alex from Tucson Cold Wet Noses introduced a dog named Luna.  She also reported that Tucson Cold Wet Noses is a non-profit organization and they are looking for foster and adoptive families and volunteers. 

CALL TO AUDIENCE

Joe Hornat, Oro Valley resident, expressed his support for the Oro Valley Vista newsletter.  He commented that this newsletter is the only document that allows information to be delivered to the entire community at the same time.  He asked that Council reconsider fate the of the Vista (the Vista will no longer be mailed to the residents but will be placed on the Town’s website for viewing). 

John Musolf, Oro Valley resident, commented that due to the shortfall of funds that would be realized to operate the Oro Valley Public Library (OVPL), the Town should turn over the operations of the OVPL to Pima County due to the Town’s budget deficit and the possible laying off of employees.

Richard Tracy, Oro Valley resident, commented that the Vista newsletter is a public information document and should be continued to be published.  He asked that if it is only published on the Town’s website, that important facts be inserted into other Town mailings such as water bills.  Mr. Tracy also addressed public comments made during the Call to Audience which he felt could provide the Council with facts that should be considered.

PRESENTATIONS:

PRO NEIGHBORHOODS PROGRAM PRESENTED BY Judith Anderson, Senior Community Organizer


Judith Anderson, Sr. Community Organizer for Pro Neighborhoods, presented information regarding the organization and stated that they work in neighborhoods to help develop skills that will help the residents get them through life and take care of their own needs.  She further explained that the organization assists aging citizens by providing landscaping help, educational work, etc. and offers grants ranging from $50 to $5000 for projects that strengthen neighborhoods and build on talents and resources in communities. 

PAVEMENT MANAGEMENT PROGRAM


Town Engineer Craig Civalier reported that 3 years ago, the Public Works Department implemented a Pavement Management Program.  He then introduced Public Works staff members Phil Trenary, Mike Todnem, Paul Jungen and Walter Jackson. 

Civil Engineering Designer Paul Jungen presented a PowerPoint presentation highlighting the Town’s Pavement Management program.  Items reviewed were:
 ~Normal life of pavement is 30 years
 ~ Surface treatments available:
    - Reconstruct and Overlay
    - Stress Absorbing Membrane (SAM)
    - Master Seal
    - Fog Seal
 ~Desired Overall Condition Index (OCI) target is 80 (brand new roads are at 100 OCI).
  - Utilize early preventative techniques
  - Use cost effective preventative maintenance to achieve an Optimum value of 80 OCI.
  - $1.1 million annually would sustain the Town’s roads at an 80 OCI level. 

In response to a question from Council Member Abbott, Mr. Jungen explained that the average life of pavement is 30 years; however, preventative maintenance can help extend the pavement life for 15 or more years. 

Presentation on Tucson’s Rainwater Harvesting and Greywater Ordinances by Rodney Glassman, City of Tucson Ward 2 Council Member was postponed until later in the meeting due to travel time.

1.

CONSENT AGENDA


MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to approve the Consent Agenda as presented.

MOTION carried, 7-0.

A.

Minutes - 04/13/09; 4/15/09


Item A

B.

Economic Development Division Monthly Report - April 2009


Item B

C.

OV12-05-23B Approval of a twelve month time extension to expire May 20, 2010 for the development plan for Big Horn Commerce Center, located east of Oracle Road and south of North Rams Field Pass


Item C

D.

Resolution No. (R) 09 - 24 Authorizing the execution of a grant application from the Town of Oro Valley to the U.S. Department of Energy and as part of the Energy Efficiency and Conservation Block Grant for an Investment Grade Energy Analysis


Item D

E.

Resolution No. (R)09 - 25 Supporting the Arizona Heritage Fund and urging the Arizona State Legislature not to divert funds from the Arizona Heritage Fund for Fiscal Years 2009 or 2010


Item E

F.

Appointment of Council Member Al Kunisch to the Census 2010 Complete Count Committee


Item F

G.

Approval of the Town of Oro Valley Environmentally Sensitive Lands (ESL) Public Participation Plan


Item G

H.

Pima Association of Governments (PAG) Proposed Draft Transportation Improvement Program (TIP) for 2010-2014 (Information only)


Item H

2.

REVIEW OF EMPLOYEE BENEFIT PROVIDER SELECTIONS AND THE JUNE OPEN ENROLLMENT PROCESS FOR PLAN YEAR 2009-2010


Item 2

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to approve the employee benefits recommendations and the open enrollment process for the 2009-2010 benefits plan year.

MOTION carried, 7-0.

3.

DISCUSSION AND POSSIBLE ACTION REGARDING REGULAR SESSION MEETING TIMES AND TOWN COUNCIL POLICY #7 REGARDING FOOD POLICY FOR TOWN MEETINGS


Item 3

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to hold both regular Council meetings and Study Sessions at 6:00 p.m. and that the minimum food as provided for in the Budget be provided for those employees and Council that are required to be at the meetings and (per friendly amendment offered by Council Member Garner) local Oro Valley vendors will be utilized whenever possible.  The new policy will be effective with the May 27th meeting.

MOTION carried, 7-0.

5.

PUBLIC HEARING - OV3-08-07 - REQUEST FOR APPROVAL FOR A REVISION TO THE STEAM PUMP VILLAGE MASTER SIGN PROGRAM IN ORDER TO ADD THREE ENTRYWAY SIGNS AND AMEND OTHER PROVISIONS


Item 5

Laura Ortiz, Evergreen Devco, representing Steam Pump Village reviewed the proposed sign package.

Planning and Zoning Director Sarah More reported that the Development Review Board unanimously approved the sign package proposal.

Mayor Loomis opened the public hearing.  There being no speakers, the public hearing was closed.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to approve OV3-08-07, revisions to the Steam Pump Village Master Sign Program (as described in the Master Sign Program).

MOTION carried, 7-0.

6.

PUBLIC HEARING - ORDINANCE NO. (O)09 - 06 AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 10, ARTICLE 10-1, ADDING SECTION 10-1-41, DESTRUCTION OF ELECTION SIGNS


Item 6

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Abbott to adopt Ordinance (O)09-06, OV7-08-08B, amendments to the Oro Valley Town Code.

Mayor Loomis did not support the motion as he felt that it did not add value and enforcement will remain a challenge.

MOTION carried, 6-1 with Mayor Loomis opposed.

7.

PUBLIC HEARING - ORDINANCE NO. (O)09 - 07 AMENDING THE ORO VALLEY ZONING CODE REVISED BY AMENDING SECTION 28.7, IDENTIFYING A REASONABLE DISTANCE THAT A HUMAN SIGN MAY BE PLACED FROM A SPONSORING BUSINESS


Item 7

Mayor Loomis opened the public hearing.  There being no speakers, the public hearing was close.

MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to adopt Ordinance (O)09-07, OV7-08-08A, amendments to the Oro Valley Zoning Code Revised Chapter 28 with (friendly amendment offered by Council Member Abbott ) a review in 6 months.

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

Council Member Gillaspie did not support the motion due to concerns regarding placing the human signs at arterial intersections that are a far distance from the businesses.

8.

PUBLIC HEARING - ORDINANCE NO. (O)09 - 08 AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 16, SECTION 16-1-5(L) PARKS AND RECREATION RELATED TO EXTENDING MODEL AIRPLANE HOURS OF OPERATION FROM 6:00 A.M. TO DUSK


Item 8

Mayor Loomis opened the public hearing.  There being no speakers, the public hearing was closed.

MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to adopt Ordinance (O)09-08.

MOTION carried, 7-0.

Mayor Loomis recessed the meeting at 7:10 p.m.  The meeting resumed at 7:15 p.m.

PRESENTATION ON TUCSON’S RAINWATER HARVESTING AND GREYWATER ORDINANCES BY RODNEY GLASSMAN, CITY OF TUCSON WARD 2 COUNCIL MEMBER

City of Tucson Council Member Rodney Glassman reviewed the City’s new Rainwater Harvesting and Graywater ordinances and water conservation efforts.  He also stated that the City looked forward to partnering with Oro Valley on sustainable water issues.

4.

CONSIDERATION AND POSSIBLE ACTION REGARDING FISCAL YEAR 2009-2010 BUDGET - OUTSTANDING ITEMS FOR COUNCIL DISCUSSION


4A.

FY2009-10 Town Budget Status including cost savings from health insurance bids.


Item 4A

Finance Director Stacey Lemos reported that the Tentative Budget would be presented to Council for consideration on June 3rd and the Final Budget would be presented on June 17th.  She then reviewed the status of the proposed budget with adjusted revenues to date being $27.9 million and adjusted expenditures at $28.1 million.  She then explained that the use of cash reserves for one-time expenditures in the amount of $470,000 would leave a net excess in the amount of $245,446.  Ms. Lemos further reviewed the Highway Fund, Bed Tax Fund, Transit Fund and Stormwater Utility Fund adjustments.

Ms. Lemos then reviewed the medical insurance costs and reported that as the result of a premium decrease, the Town would realize approximately $182,000 in savings.

4B.

Ventana Medical Systems Expansion FY2009-10 General Fund Revenue Estimates


Item 4B

Finance Director Stacey Lemos reported that based on Ventana Medical Systems proposal to add 135,600 square feet to their facilities, the following revenue amounts have been estimated and included in the 2009/10 budget:
 ~ Building permits and plan review fees - $409,545
 ~ Construction sales tax revenue - $646,620
 ~ Impact fee revenue - $169,554

4C.

Discussion and possible action regarding Police Department Take-Home Vehicles


Item 4C

Deputy Chief of Police Larry Stevens reviewed follow-up questions regarding the Police Department Take Home Vehicle program.  He reported that a Study Session had been scheduled for July 8th to further discuss specifics of the program.

Mayor Loomis opened the floor for public comment.

John Musolf, Oro Valley resident, commented that much of the use of take-home vehicles revolves around emergency situations.  He questioned what emergencies School Resource Officers (SRO) get called out on as there are 8 SROs in the budget that have take-home vehicles.  He commented that the Town needed to conduct an incisive study to determine the situations and whether they required take-home vehicles.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to direct staff to reduce the Police take-home vehicle costs by 25% and leave it to the discretion of the Chief of Police and the Town Manager to figure out the specifics. 

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

Council Member Kunisch stated that the Police Department does have a policy in place and it is the Chief of Police that determines who takes home a vehicle and he did not want to take away the Chief’s authority.

Council Member Abbott was opposed to the motion as she would have preferred to wait until the study was completed.  She stated that she was not comfortable with setting an "arbitrary" number for reduction and she wanted to see what was realistic and doable without impacting service.

4D.

Discussion and possible action regarding FY2009-10 Steam Pump Ranch Funding


Item 4D

MOTION: A motion was made by Council Member Latas and seconded by Council Member Gillaspie to take $410,000 from the Contingency Reserve Fund to fund the recommended repairs and restoration at Steam Pump Ranch (total amount in budget will be $770,000 using Pima County Bond funds, the sale or lease of property to the Water Utility and the Contingency Reserves) and to ensure that the abandoned water well site remains part of the Steam Pump Ranch site as owned by the Town and with further direction to work with WalMart to redirect their donation of $250,000 from the Naranja Town Site to the Steam Pump Ranch rehabilitation.

MOTION carried, 5-2 with Vice Mayor Carter and Council Member Abbott opposed.

Mayor Loomis recessed the meeting at 9:15.   The meeting resumed at 9:20 p.m.

4E.

Discussion and possible action regarding the Police Department’s use of Anti-Racketeering Funds (Seizure Funds)


Item 4E

Item 4E Addendum

Discussion ensued regarding legal use of seizure funds, accountability and monitoring of funds through the Town’s Munis accounting system, procurement procedures and compliance.  No formal action taken on this item. 

Mayor Loomis opened the floor for public comment.

John Musolf, Oro Valley resident, suggested that the Town Manager be directed that any expenditures that are made by the Chief of Police should be under some form of oversight prior to the submittal for seizure funds. 

4F.

Discussion and possible action regarding FY2009-10 Coyote Run Transit Service Budget


Item 4F

Discussion ensued regarding the use of volunteers for Coyote Run Transit as drivers, required training and liability and safety.

Mayor Loomis opened the floor for public comment.

John Musolf, Oro Valley resident, questioned uniform costs for volunteer drivers and recommended coming up with a generic uniform.  He also commented that the Town did not need to spend money on a Volunteer Appreciation Program.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to direct staff to implement the Transit Services Volunteer Program and that the Town Manger be authorized to fill existing driver vacancies resulting from the hiring freeze with employees hired as temps until such time as the volunteers can assume said duties in whole or part. (Per amended motion).

AMENDMENT TO THE MOTION:

MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to amend the motion to remove the hiring of the temp workers since it would take as long to get them up to speed as it would be to recruit and train the volunteers.

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

MOTION carried, 7-0.

4G.

Discussion and possible action regarding Fy2009-10 Community Funding


Item 4G

Discussion ensued regarding Community Funding amounts (Town Manager’s Recommended Budget included $403,504 for agencies and the Community Funding Subcommittee recommendation was $236,717) and the use of Police Department Seizure Funds for Project Graduation in the amount of $10,000.

Mayor Loomis opened the floor for public comment.

Melanie Larson, Oro Valley resident, representing the Northern Pima County Chamber of Commerce, commented that many people are concerned that the Metropolitan Tucson Convention and Visitors Bureau (MTCVB), Tucson Regional Economics Opportunity, Inc. (TREO) and C-Path may not be funded.  She stated that it was important to the Town’s growth and she recommended future funding.

Bill Adler, Oro Valley resident, stated that many services that are required by the Town are under funded.  He expressed his opposition to donating taxpayer money to outside agencies when other items are under funded.  He stated that if the Town is looking at layoffs and/or furloughs, the Town should not be funding outside agencies. 

Lynn Erickson, Oro Valley resident, General Manager of the Hilton El Conquistador Resort, thanked the Council for their consideration of the proposed community funding to date.  He stated that it would be a missed opportunity to not fund C-Path when the Town has made a commitment to bring bio-tech, high tech businesses to the Town.

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to add $25,000 back into the Community Funding recommendation for C-Path and to raise the Tucson Regional Economic Opportunities (TREO) up to a minimum of $40,000.

MOTION carried, 4-3 with Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.

Council Members Garner, Gillaspie and Latas were opposed due to the impact to the Town, possible layoff of employees, non-responsiveness from TREO and uncertainty regarding what the funding was actually used for.

MOTION: A motion was made by Mayor Loomis and seconded by Council Member Kunisch to fund the Metropolitan Tucson Convention and Visitors Bureau (MTCVB) at the $72,000 level from the Bed Tax.

AMENDMENT TO THE MOTION:

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to amend the motion to include the remainder of the line items as proposed by the Community Funding Subcommittee.   

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

MOTION carried, 6-1 with Mayor Loomis opposed.

4H.

Discussion and possible action regarding the transfer for Police Department personnel to various Town Departments


4H-1.

Transfer of Police Department Information Technology to the Town’s Information Technology Department


Item 4H-1

Discussion ensued regarding service levels, realizing improved efficiencies, maximizing purchasing power and cost savings, fiscal impact, reporting structure and transfer of positions and clearance levels for I.T. personnel. 

Richard Tracy, Oro Valley resident, commented that when he moved to Oro Valley, it was a "community of excellence" and he felt that the Town was moving towards a "community of average" because of the cuts being proposed.

John Musolf, Oro Valley resident, commented that "transfer" does not necessarily mean a physical move; transfers could be responsibility and/or accounting.  He further commented that with the proposed transfer of the Police Public Information Officer and the Safety and Risk Manager, their use of take home cars went away. He recommended that the take home vehicle for the Police I.T. employee also be removed from the budget.  

MOTION: A motion was made by and seconded by to

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

MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Gillaspie to approve the Police Department Information Technology transfer plan.

MOTION carried, 7-0.

4H-2.

Transfer of Police Department Fleet Maintenance to the Public Works Department


Item 4H-2

Discussion ensued regarding consolidating maintenance of Town vehicles under the Public Works Department, use of Oro Valley businesses, and preparing a Request for Proposals (RFP) or Request for Qualifications (RFQ) for services.

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Garner to approve the fleet maintenance operations as presented.

MOTION carried, 7-0.

4H-3.

Transfer of Police Department Safety and Risk Manager to the Human Resources Department


Item 4H-3

MOTION: A motion was made by Council Member Garner and seconded by Council Member Kunisch to approve the transfer of the Safety and Risk Manager to Human Resources Department.

MOTION carried, 6-0.

(Council Member Kunisch stepped out of the room).

4H-4.

Transfer of the Police Department Public Information Officer to the Town Manager’s Department


Discussion ensued regarding providing centralized information and media coordination, a reduction in duplication of efforts, back up for staff to relieve 24-hour on call demand, review of need for take home vehicle for current Police Department Public Information Officer (PIO) and possible reclassification of position if additional duties/responsibilities were assigned.

Mayor Loomis opened the floor for public comment.

Richard Tracy, Oro Valley resident, commented that there are call-out needs for the Police Public Information Officer (PIO) and he felt that the position was "media driven".   

MOTION: A motion was made by and seconded by to

MOTION carried, 7-0.

Item 4H-4

4I.

Discussion and possible action regarding FY2009-10 Town of Oro Valley Capital Improvement Program


MOTION: A motion was made by Mayor Loomis and seconded by Council Member Kunisch to approve the Capital Improvement Program (CIP) with the General Fund amount of $110,000 to fund the Virtual Data Center.

MOTION carried, 7-0.

Item 4I

4J.

Discussion and possible action regarding FY2009-10 employee compensation and benefits


4J-1.

Employee reclassifications


MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to accept the Compensation and Benefits Reclassification Plan if the reduction in force is applied in full or in part and that it be applied only to positions that may be affected and to include the Police Department Public Information Officer position as part of the consideration.

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

Vice Mayor Carter commented that he didn't feel that all of the reclassifications should apply so he could not support the motion.

Item 4J-1

4J-2.

Possible Salary reductions


Item 4J-2

Mayor Loomis recessed the meeting at 12:05 a.m.  The meeting resumed at 12:12 a.m.

Finance Director Stacey Lemos reviewed possible salary reduction scenarios.  She then reported that with adjustments made to the budget line items, there is currently a surplus of $450,998 in the General Fund, $108,475 in the Highway Fund and in the Bed Tax fund there is a surplus of $63,439. 

Mayor Loomis opened the floor for public comment.

Jacob Maish, non-Town resident, Oro Valley Police Department dispatcher, expressed concerns with the proposed changes.   He commented that proposals such as a 1% decrease in wages, an increase in health care and possible furloughs would greatly affect the employees.  He asked the Town Council to be cautious and responsible when making these considerations.  He also noted that employees need to feel that they are valued and appreciated. 

Chris Palic, non-Town resident, President of the Oro Valley Police Officers Association (OVPOA), commented that some issues being discussed are under the current Memorandum of Understanding (MOU) with the Police officers.  He also stated that there are some upsetting items such as giving money away for community funding or for property but still considering taking away from employees.  He asked that the Council keep the employees and their current pay/benefits and not give money away.  He stated that he hoped that everyone could work proactively together and in good faith.

ADJOURNMENT


MOTION: A motion was made by Council Member Latas and seconded by Council Member Garner to adjourn at 12:20 a.m. and to move the remaining agenda items to the next available meeting (May 27th).

MOTION carried, 7-0.

(REMAINING AGENDA ITEMS WILL BE CONSIDERED AT THE MAY 27, 2009 SPECIAL/STUDY SESSION)

4J-3

Employee furloughs


Item 4J-3

4J-4.

Reduced employer contributions to health insurance


Item 4J-4

4J-5.

Early Retirement Program


Item 4J-5

4K.

Discussion and possible action to implement the Town Manager’s Recommended Reduction in Force Plan as modified by Council direction through May 4, 2009


Item 4K

4L.

Discussion and possible action to continue or modify the Town’s hiring freeze policy as adopted in November 2008


Item 4L

4M.

Discussion and possible action regarding the Town’s reorganization plan for Development Services


Item 4M

4N.

Discussion and possible action regarding Town Revenue Enhancement Options and Alternatives


Item 4N

9.

FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H),


CALL TO AUDIENCE