MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 16, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER - 5:00 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 |
EXECUTIVE SESSION AT OR AFTER 5:00 PM
MOTION: A motion was made by and seconded by to
MOTION carried, 7-0.
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Gillaspie to go out of Executive Session at 6:23 p.m.
MOTION carried, 7-0.
RESUME REGULAR SESSION AT OR AFTER 6:00 PM
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 |
Boy Scout Troop 253 led the audience in the Pledge of Allegiance.
Town Manager David Andrews reviewed the upcoming meetings and events.
Council Member Latas reported that she has toured the historic gardens at Steam Pump Ranch. She explained that she would be requesting that Joyce Rychener from the Oro Valley Historical Society make a presentation to the Town Council regarding the gardens and the work that has been done.
Mayor Loomis announced that Oro Valley hosted the Arizona League of Cities and Towns Conference and the Town has received excellent feed back. He thanked town staff for their efforts.
Communications Administrator Mary Davis thanked the Oro Valley Historical Society for their support on the Steam Pump Ranch tour held for spouses during the Arizona League of Cities and Towns Conference. She also announced that the State of the Town luncheon would be held on September 29th at the Hilton El Conquistador.
Town Engineer Craig Civalier reported that the Town would host a Regional Transit Authority (RTA) workshop on October 5th from 4:30 to 6:30 p.m.
Lyra Done, Oro Valley resident, commented that during the recent monsoon rains, Joyce Rychener from the Oro Valley Historical Society took it upon herself to check on water flows at the Steam Pump Ranch historic gardens. She also stated that she was proud that the Oro Valley Marketplace received the first Silver Leadership in Energy and Environmental Design (LEED) Certification for a shopping center in the state of Arizona.
Bob Baughman, Oro Valley resident, commented that the historic gardens at Steam Pump Ranch were educational and they provided great benefit to the community. He also stated that the Town of Oro Valley was known for its volunteerism and it was a reflection of the Town Manager’s positive attitude.
Paul Parisi, Oro Valley resident and representing the Tucson Metropolitan Chamber of Commerce, commented that the Environmentally Sensitive Lands Ordinance (ESLO) open house was excellent. He also thanked Town staff for their response on his request to re-examine speed limits on La Canada Drive. Mr. Parisi also requested that the Council re-examine the hours allowed in the Sign Lighting ordinance and that they consider giving the business community some relief.
Geri Ottobani, Oro Valley resident, stated that she respected the Town’s police officers but she was shocked by the way that the police officers' union treated Town Manager David Andrews for doing his job. She commented that she felt that Mr. Andrews did a good job with the Town’s budget during the country’s economic crisis while still maintaining the safety of the Town. She also questioned whether the Chief of Police position should be an elected position instead of an appointed position and felt that that this might make that position more efficient.
Kathy Pastryk, Oro Valley resident, commented that she was embarrassed by the article in the Explorer newspaper regarding the police officers' comments regarding budget negotiations. She commented that the economy had affected everyone. She stated that when the police officers’ demands were not met, they wanted to fire the Town Manager. She stated that police officers have work to do which is law enforcement and not politics.
Priscilla Michelle Saxer, Oro Valley resident, stated that she was concerned that the police officers have said that if they don’t get your cooperation, they take you out. She then read a statement regarding comments from police officers on their attack on the Town Manager and she questioned how the officers felt that they were exempt from a national economic crisis.
At the request of Mayor Loomis, Town Attorney Tobin Rosen explained that per State law, the Chief of Police is prohibited from interfering in police officer union activities. He explained that police officers have the right to express their opinions and advocate on behalf of their membership.
PRESENTATION:
PAUSE FOR PAWS - No presentation.
Pat Hubbard and Teri White from the Animal Welfare Alliance of Southern Arizona (AWASA), stated that they have worked with Council Member Abbott and Pima Animal Care Center (PACC) on an animal fair to be held on October 10, 2009 at the James D. Kriegh Park from 10 a.m. to 4 p.m. They will be providing adoptions, vaccinations, micro-chipping, pet licensing and dog training demonstrations at the fair.
Council Member Abbott stated that this would be the first annual event and they hoped to grow the event into what could eventually be a signature event for the Town with dog splash and fly ball.
At the request of Council Member Garner, Item K was pulled for discussion.
MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to approve the Consent Agenda with the exception of Item K.
MOTION carried, 7-0.
A. |
Minutes - 08-05-09; 08-19-09 |
B. |
Coyote Run Transit Report - July 2009 |
C. |
Economic Development Division Monthly Report -August 2009 |
D. |
Police Report - July 2009 |
E. |
Town of Oro Valley FY 2008/09 Year-End Financial Status Review |
F. |
Resolution No. (R)09 - 57 Authorizing and Approving an Intergovernmental Agreement between the Town of Oro Valley and Pima County for Election Services - March 9, 2010 Primary Election and May 18, 2010 General Election |
G. |
Resolution No. (R)09 - 58 Designating the Election Dates; Designating the deadline for voter registration; and designating the place and the last date for candidates to file nomination papers for the March 9, 2010 Primary Election and May 18, 2010 General Election |
H. |
Resolution No. (R)09 - 59 Authorizing the Town Clerk to conduct the Primary Election on March 9, 2010 and the General Election on May 18, 2010 as Ballot-By-Mail Elections pursuant to A.R.S. §16-409 |
I. |
Resolution No. (R)09 - 60 Authorizing the execution of a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety for funding to participate in a Demonstration Project for Seat Belt Enforcement |
J. |
Update regarding potential formation of a Sustainability Technical Advisory Team |
In response to a question from Council Member Garner regarding special assignments for police officers, Chief of Police Danny Sharp explained that the document was an operating agreement between the Oro Valley Police Department and the Drug Enforcement Administration. He further explained that the three officers’ positions were approved in the Town’s budget and were not additional officers. He also explained that they would have some options to use to bring the officers back if there would be staffing issues or if they were needed on the Town’s streets.
MOTION: A motion was made by Council Member Garner and seconded by Vice Mayor Carter to approve Resolution (R)09-62.
MOTION carried, 7-0.
Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed.
MOTION: A motion was made by and seconded by to
MOTION carried, 7-0.
Finance Director Stacey Lemos provided a budget update and General Fund forecast for fiscal year 2010/11.
GENERAL FUND BUDGET: | FY 09/10 ADOPTED | FY09/10 Year End Estimate | Difference |
Revenues | $27.9 million | $27.7 million | ($200K) |
Expenditures | $29.5 million | $28.9 million | ($570K) |
Decrease in Fund Balance | ($1.6 million) | ($1.2 million) | |
VOLUNTARY SEVERANCE PLAN IMPACTS | FTEs | Annual Salary & Benefits | Estimated Severance Payments | Net Savings |
General Fund | 14.33 | $774K | ($186K) | $88K |
Highway Fund | 4.00 | $249K | ($81K) | $168K |
Fleet Maintenance Fund | 2.00 | $117K | ($35K) | $82K |
TOTAL ALL FUNDS | 20.33 | $1.14 million | ($302K) | $838K |
HIGHWAY FUND BUDGET | FY 09/10 Adopted | FY 09/10 Year End Estimate | Difference |
Revenues | $4.7 million | $4.7 million | - |
Expenditures | $4.9 million | $4.7 million | ($168K) |
Decrease in Fund Balance | ($203K) | ($35K) | |
~ General Fund Forecast
Revenue Assumptions:
- Slight 2% growth in local sales taxes
- Increase in Single Family Residential (SFR) permits to 75 (from 60 this fiscal year)
- Continued use of $700,000 in Bed Tax funds
- 15% overall reduction in state shared revenues
- Total revenues $1.4 million less than current year adopted revenues
Expenditure assumptions:
- Continued hiring freeze and keep current vacant positions unfilled
- Only $100,000 included for Capitial Improvement Projects (CIP)
- Inflation rate of 2.2% applied to Operating and Maintenance Budgets (O&M)
- 2.5% increase factored into personnel budgets
- Total expenditures $1.5 million less than current year adopted expenditures.
Budget deficit closing options (for FY 2010/11):
- Continue hiring freeze where feasible
- Service level evaluation
- Program prioritization
- Evaluate contingency reserve policy
- Use of bed tax revenues
- Early defeasance of outstanding bonds
- Unknown outcome of Turken v. Gordon sales tax rebate decision
In response to questions from the Council, Ms. Lemos explained that:
- Severance payments in the amount of $302,000 reflected the total amount of distribution.
- Increase in projection of SFRs by 15 units was to reflect economic recovery.
- Bed Tax revenues - The end of the Hilton El Conquistador resort rebate would free up $200,000.
Mayor Loomis opened the floor for public comment.
Bill Adler, Oro Valley resident, commented that there had been no assessment on impacts to the quality of service due to the loss of personnel due to the severance package. He also commented that the assumptions for projected revenues in the General Fund were a guess versus analysis. He stated that the Town continues to rely on an unstable source of revenue and felt that the Council needed to have discussions regarding stabilizing and generating local sources of revenue (i.e. utility sales tax).
Mayor Loomis recessed the meeting at 7:38 p.m. The meeting resumed at 7:45 p.m.
Town Manager David Andrews reviewed the Council Communication and reported that in 2004, Pima County voters approved bond funds in the amount of $2.5 million for the acquisition of Kelly Ranch. He explained that the Coalition for Sonoran Desert Preservation recently requested to transfer funds for the purchase of property along Oracle Road to be used for wildlife linkages.
Council discussion followed regarding:
- Concern regarding not using the bond monies to protect the ecological and historical sites at Kelly Ranch.
- Properties being considered for purchase are not currently in the Town limits.
- Properties being considered for puchase are not contiguous to Oro Valley’s boundaries.
- Possibly recommend an agreement with Pima County to agree to an annexation if the opportunity presents itself.
Carolyn Campbell, Coalition for Sonoran Desert Protection, commented on the background of the Pima County bonds as approved by the voters. She reviewed the two pieces of property in relation to the Arroyo Grande natural open space, proposed wildlife crossings and the proposed land bridge. She stated that the Coalition has requested the bond amendment because it was a good time to buy land due to the current real estate market; the acquisitions would strengthen the viability of the Arroyo Grande wildlife linkage; and it would be nice to spend the open space dollars before the 2010 bond election.
Further discussion followed regarding ownership, management and monitoring of the property, water availability and having adequate funds for the future purchase of Kelly Ranch.
Mayor Loomis opened the floor for public comment.
Kathy Schroeder, non-Oro Valley resident, stated that she lived near the properties being discussed and commented that animals do move through the area. She also stated that the neighborhood has been working with the property owners to try to get the "right thing" to happen to this property. She explained that the transitional zoning of the property was about to expire and the owner realized that he could not sell the property for what he felt it was worth so he was ready to sell it to the Town. She urged the Council to look at this as a valuable opportunity.
Bill Adler, Oro Valley resident, stated that he understood the desire to buy the land for wildlife linkages but he felt that it was predicated on the future of the Arroyo Grande project. He also noted that the purpose of the Pima County bond money was to help preserve Catalina State Park and to secure buffers to protect the park.
Mayor Loomis commented that the owners of the property were aware of the sensitivity of the land and they were proactive with the Town in trying to come up with solutions to allow the Town to obtain Kelly Ranch. He noted that the property was prime real estate and would not be given away.
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to approve Resolution (R)09-61, a request to the Pima County Board of Supervisors to transfer the amount of required bond funds from the Kelly Ranch Project for the acquisition of property along the Oracle Road corridor, to be used for a wildlife linkage from the Catalina mountains into the state land property also known as Arroyo Grande and to request that the Pima County Board of Supervisors formally agree not to oppose the eventual annexation of any and all of the open space parcels to be acquired pursuant to this request into the Town of Oro Valley (per amendment to the motion).
MOTION: A motion was made by Council Member Abbott and seconded by Council Member Gillaspie to amend the motion by striking the wording: "and to request that the Pima County Board of Supervisors formally agree not to oppose the eventual annexation of any and all of the open space parcels to be acquired pursuant to this request into the Town of Oro Valley".
MOTION carried, 5-2 with Mayor Loomis and Vice Mayor Carter opposed.
MOTION carried, 7-0.
Chief of Police Danny Sharp reviewed the background of the proposed Police Substation. He explained that the final design included shell space for the future Emergency Operations Center (EOC), reduced number of bathroom fixtures, realigned plumbing locations and revised finish materials to help reduce costs. Chief Sharp reported that the project was ready to go out to bid.
Council discussion followed regarding:
~ Cost of building the Police Substation without the EOC ($264,000).
~ Looking at all opportunities to help furnish the substation (including grant monies).
~ Redesign of substation did not change the square footage.
~ Restrooms would be per Building Code requirements and would meet present and future needs. (Concern expressed regarding the uni-sex shower).
~ Need to get project out to bid.
~ EOC shell would include electric panel.
~ Can use the EOC shell for meeting spaces, classes and backup communications area until such time as it is built out.
MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to go out to bid on the original design (original bid included the EOC building but not the additional electronics and add alternates).
MOTION carried, 4-3 with Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.
Council Member Latas (second from Council Member Abbott) - Requested that Joyce Rychener from the Oro Valley Historical Society be invited to make a presentation on the Steam Pump Ranch historic gardens at the October 21, 2009 meeting.
Pat Kinsma, Oro Valley resident, commented that she felt intimidated when large numbers of police officers attended Council meetings and suggested that when personnel matters come before the Council that representatives attend for the larger groups.
MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 9:25 p.m.
MOTION carried, 7-0.